[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64224-64226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25073]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2021-N204; FXES11140800000-223-FF08ESMF00]


Proposed Programmatic Safe Harbor Agreement for Viticultural 
Activities on Vineyards in the Santa Rosa Plain for the Sonoma County 
Population of California Tiger Salamander, Sonoma County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the North Bay Water District (applicant) 
for an enhancement of survival permit (permit) under the Endangered 
Species Act (ESA). The permit application includes a proposed safe 
harbor agreement (SHA) between the applicant and the Service

[[Page 64225]]

for the federally endangered Sonoma County distinct population segment 
(DPS) of California tiger salamander (Ambystoma californiense) (Sonoma 
CTS or covered species). We have prepared a draft environmental action 
statement (EAS) for our preliminary determination that the SHA and 
permit decision may be eligible for categorical exclusion under the 
National Environmental Policy Act. We invite the public to review and 
comment on the permit application, draft SHA, and draft EAS.

DATES: Written comments should be received on or before December 17, 
2021.

ADDRESSES: Send comments to Ryan Olah, Coast Bay Division Chief, via 
U.S. Mail at U.S. Fish and Wildlife Service, Sacramento Fish and 
Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825, 
or via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Ryan Olah, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6623; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You may obtain copies of the document for review by contacting the 
individual named above.

Background

    SHAs are intended to encourage private or other non-Federal 
property owners to implement beneficial conservation actions for 
species listed under the ESA. SHA permit holders are assured that they 
will not be subject to increased property use restrictions as a result 
of their proactive actions to benefit listed species. Incidental take 
of listed species is authorized under a permit pursuant to the 
provisions of section 10(a)(1)(A) of the ESA. For an applicant to 
receive a permit through an SHA, the applicant must submit an 
application form that includes the following:
    (1) The common and scientific names of the listed species for which 
the applicant requests incidental take authorization;
    (2) A description of how incidental take of the listed species 
pursuant to the SHA is likely to occur, both as a result of management 
activities and as a result of the return to baseline; and
    (3) A description of how the SHA complies with the requirements of 
the Service's Safe Harbor policy (64 FR 32717, June 17, 1999).
    For the Service to issue a permit, we must determine that:
    (1) The take of listed species will be incidental to an otherwise 
lawful activity and will be in accordance with the terms of the SHA;
    (2) The implementation of the terms of the SHA is reasonably 
expected to provide a net conservation benefit to the covered species 
by contributing to its recovery, and the SHA otherwise complies with 
the Service's Safe Harbor Policy;
    (3) The probable direct and indirect effects of any authorized take 
will not appreciably reduce the likelihood of survival and recovery in 
the wild of any listed species;
    (4) Implementation of the terms of the SHA is consistent with 
applicable Federal, State, and Tribal laws and regulations;
    (5) Implementation of the terms of the SHA will not be in conflict 
with any ongoing conservation or recovery programs for listed species 
covered by the permit; and
    (6) The applicant has shown capability for and commitment to 
implementing all of the terms of the SHA.
    The Service's Safe Harbor Policy and Safe Harbor regulations (68 FR 
53320, September 10, 2003; 69 FR 24084, May 3, 2004) provide important 
terms and concepts for developing SHAs. The Service's Safe Harbor 
policy and regulations are available at http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html. This SHA was developed by 
the Service and the applicant.

Proposed Action

    The SHA is expected to promote the recovery of Sonoma CTS on non-
Federal properties within Sonoma County. The proposed duration of the 
SHA and the associated enhancement of survival permit are 50 years. The 
proposed enhancement of survival permit would authorize the incidental 
taking of the covered species associated with the restoration, 
enhancement, and maintenance of suitable habitat for the covered 
species during routine and ongoing viticultural activities and the 
potential future return of any property included in the SHA to baseline 
conditions. Under this SHA, individual landowners (cooperators) may 
include their properties by entering into a cooperative agreement with 
the applicant. Each cooperative agreement will specify the restoration 
and/or enhancement, and management activities to be carried out on that 
specific property. All cooperative agreements will be reviewed by the 
Service to determine whether the proposed activities will result in a 
net conservation benefit for the covered species and meet all required 
standards of the Safe Harbor Policy. Upon Service approval, the 
applicant will issue a certificate of inclusion to the cooperator. Each 
certificate of inclusion will extend the incidental take coverage 
conferred by the enhancement of survival permit to the cooperator.
    Baseline levels for the covered species will be determined by the 
cooperator first completing the baseline habitat worksheet (Exhibit B 
of the SHA), and then the Service will review each baseline 
determination prior to the applicant issuing a certificate of inclusion 
to the cooperator. The SHA also contains a monitoring component that 
requires the applicant to ensure that the cooperators are in compliance 
with the terms and conditions of the SHA. Results of these monitoring 
efforts will be provided to the Service by the applicant in an annual 
report.
    Upon approval of this SHA, and consistent with the Service's safe 
harbor policy, the Service would issue an enhancement of survival 
permit to the applicant. This permit would authorize cooperators issued 
a certificate of inclusion to take the covered species incidental to 
the implementation of the management activities specified in the SHA, 
incidental to other lawful uses of the property including normal, 
routine land management activities, and to return to baseline 
conditions if desired. An applicant would receive assurances under our 
``No Surprises'' regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for 
all species included in the enhancement of survival permit. In addition 
to meeting other criteria, actions to be performed under an enhancement 
of survival permit must not jeopardize the existence of Federally 
listed fish, wildlife, or plants, and the Service is conducting a 
Section 7 consultation.

Species Information

    The current range of the Sonoma CTS is in the Santa Rosa Plain in 
Sonoma County, California. The Sonoma CTS inhabits vernal pools and 
seasonal ponds, associated grassland, and oak savannah plant 
communities below 200 feet (60 meters). Sonoma CTS spend the majority 
of their lives underground in small mammal burrows in uplands, while 
ephemeral ponds play a critical role because they are necessary for 
breeding. Although Sonoma CTS are members of a family of ``burrowing'' 
salamanders, they are not known to create their own burrows. They 
depend on persistent small mammal (e.g., pocket gopher) activity to 
create, maintain, and sustain sufficient underground refugia. These

[[Page 64226]]

underground burrow systems are critical during the drier months of the 
year, though juveniles and adults use them throughout the year to grow 
and survive. Loss and fragmentation of habitat is a major threat to the 
species and the protection of breeding habitat and adjacent upland 
habitats is needed for their recovery.

National Environmental Policy Act Compliance

    The development of the draft SHA and the proposed issuance of an 
enhancement of survival permit are Federal actions that trigger the 
need for compliance with the National Environmental Policy Act (NEPA; 
42 U.S.C. 4321 et seq.). We have prepared a draft EAS to analyze the 
impacts of permit issuance and implementation of the SHA on the human 
environment in comparison to the no-action alternative. We have made a 
preliminary determination that issuing the permit and implementing the 
SHA would have minor or negligible impacts to the environment, and thus 
the proposed SHA and permit actions are eligible for categorical 
exclusion under NEPA. The basis for our preliminary determination is 
contained in the EAS, which is available for public review (see 
ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and their implementing regulations. 
If we determine that all requirements are met, we will sign the 
proposed SHA and issue a permit under section 10(a)(1)(A) of the ESA to 
the applicant. We will not make our final decision on the permit 
application until after the end of the public comment period, and we 
will fully consider all comments we receive during the comment period.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that the entire comment, including 
your personal identifying information, may be made available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, 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. 4371 et seq.) and its implementing 
regulations (40 CFR 1506.6; 43 CFR part 46).

Kim Turner,
Acting Field Supervisor, Sacramento Fish and Wildlife Office, 
Sacramento, California.
[FR Doc. 2021-25073 Filed 11-16-21; 8:45 am]
BILLING CODE 4333-15-P