[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20295-20296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07574]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N060; FXES11140800000-190-FF08EVEN00]


Draft Categorical Exclusion and Draft Los Alamos Conservation 
Plan for Cultivation Activities in Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a draft conservation plan (plan), as well as the 
associated draft categorical exclusion (CatEx), for cultivation 
activities within and around Los Alamos in Santa Barbara County, 
California. The Service developed the plan in accordance with the 
Endangered Species Act to provide a streamlined mechanism for 
proponents engaged in activities associated with agricultural 
development, to meet statutory and regulatory requirements while 
promoting conservation of the Santa Barbara County distinct population 
segment of the California tiger salamander. The Service prepared the 
draft CatEx in accordance with the National Environmental Policy Act to 
evaluate the potential effects to the natural and human environment 
resulting from issuing permits under the plan. We invite public comment 
on these documents.

DATES: Written comments should be received on or before May 11, 2020.

ADDRESSES: Obtaining Documents: You may download a copy of the draft 
plan and draft CatEx at http://www.fws.gov/ventura/, or you may request 
copies of the documents by U.S. mail (below) or by phone (see FOR 
FURTHER INFORMATION CONTACT).
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, by phone at 805-677-3312, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or at the Ventura address (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft conservation plan 
(plan), as well as the associated draft categorical exclusion (CatEx), 
for cultivation activities within and around Los Alamos in Santa 
Barbara County California. We invite public comment on these documents.

Draft General Conservation Plan

    The draft conservation plan was developed by the Service in 
accordance with section 10(a)(2)(A) of the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The plan meets the 
issuance criteria as required by section 10(a)(2)(B) of the ESA for 
issuance of a section 10(a)(1)(B) incidental take permit (ITP). The 
Service developed the plan to provide a streamlined mechanism for 
proponents engaged in activities associated with the installation and 
operation of vineyards, crops, and other agricultural development, to 
meet statutory and regulatory requirements while promoting conservation 
of the Santa Barbara County distinct population segment (DPS) of the 
California tiger salamander (Ambystoma californiense). Permits issued 
under the plan would authorize incidental take of the Santa Barbara 
County DPS of the California tiger salamander for up to 20 years after 
the plan becomes effective.

[[Page 20296]]

Draft Categorical Exclusion

    The Service prepared the draft CatEx in accordance with the 
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.) to evaluate the potential effects to the natural and human 
environment resulting from issuing permits under the plan.

Background

    The Service listed the Santa Barbara County DPS of the California 
tiger salamander as endangered on September 21, 2000 (65 FR 57242).
    Section 9 of the ESA and its implementing regulations prohibit the 
take of fish or wildlife species listed as endangered or threatened. 
``Take'' is defined under the ESA to include the following activities: 
``[T]o harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct'' (16 U.S.C. 
1532); however, under section 10(a)(1)(B) of the ESA, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the ESA as take that is incidental to, and not the 
purpose of, carrying out of an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered species 
are in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, 
respectively. Issuance of an incidental take permit also must not 
jeopardize the existence of federally listed fish, wildlife, or plant 
species. The permittees would receive assurances under our ``No 
Surprises'' regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) regarding 
conservation activities for the Santa Barbara County DPS of the 
California tiger salamander.

Proposed Action

    The proposed action is approval of the plan and subsequent issuance 
of permits. The Service prepared the plan to provide a more efficient 
and standardized mechanism for proponents in activities associated with 
the installation and operation of vineyards, crops, and other 
agricultural development on non-Federal lands. The plan meets the 
permit issuance criteria as required by section 10(a)(2)(B) of the ESA 
and enables the construct of a programmatic permitting and conservation 
process to address a defined suite of proposed activities over a 
defined planning area. The proposed plan would allow private 
individuals, local and State agencies, and other non-Federal entities 
to meet the statutory and regulatory requirements of the ESA by 
applying for permits and complying with the requirements of the plan, 
including all applicable avoidance, minimization, and mitigation 
actions.
    The draft CatEx provides the required NEPA documentation for the 
proposed Federal action, which is approval of a conservation plan and 
subsequent issuance of permits pursuant to section 10(a)(1)(B) of the 
ESA. The CatEx also provides baseline environmental information, and a 
discussion of impacts to the human and natural environment that may 
occur as a result of implementation of the proposed plan.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2020-07574 Filed 4-9-20; 8:45 am]
 BILLING CODE 4333-15-P