[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62341-62342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19425]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD327]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of one incidental take permit application; 
availability of a draft environmental assessment; request for comments.

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SUMMARY: Notice is hereby given that NMFS has received one Incidental 
Take Permit (ITP) application for the City of Santa Cruz's Anadromous 
Salmonid Habitat Conservation Plan (ASHCP). The ASHCP has been 
submitted pursuant to section 10(a)(1)(B) of the Endangered Species Act 
(ESA) of 1973, as amended. NMFS has also prepared a draft environmental 
assessment (EA) under the National Environmental Policy Act (NEPA) 
describing the potential effects of NMFS' proposed issuance of the 
Permit associated with the submitted ASHCP. NMFS is furnishing this 
notice in order to allow other agencies, tribes, and the public an 
opportunity to review and comment on these documents.

DATES: Written comments on the EA must be received at the appropriate 
address (see ADDRESSES) on or before 5 p.m. Pacific standard time on 
October 11, 2023.

ADDRESSES: You may submit comments on this document, identified by 
Santa Cruz Habitat Conservation Plan (HCP), by any of the following 
methods:
     Email: [email protected]. Include ``Santa Cruz 
HCP'' in the subject line of the message.
     Mail: Submit written comments to National Marine Fisheries 
Service, West Coast Region, Coastal California Office, 777 Sonoma 
Avenue, Room 325, Santa Rosa, California 95404; Attn: William Stevens.
     Fax: (707) 578-3435; Attn: William Stevens.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). When commenting, please refer to the specific page number 
and the subject of your comment.
    The documents subject to public comment are available on the 
internet at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.

FOR FURTHER INFORMATION CONTACT: William Stevens, Santa Rosa, CA, (707) 
575-6066, [email protected].

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This Notice

    Central California Coast (CCC) Evolutionary Significant Unit (ESU) 
of coho salmon (Oncorhynchus kisutch)

[[Page 62342]]

and threatened CCC Distinct Population Segment (DPS) of steelhead (O. 
mykiss).

Background

    The City of Santa Cruz's operation, maintenance, rehabilitation, 
and management of their water supply and water system facilities, 
municipal facilities, and City lands are essential to the welfare of 
the City's citizens and visitors. Normal, otherwise lawful operation of 
the City of Santa Cruz facilities could result in take of ESA-listed 
species. Section 10(a)(1)(B) of the ESA authorizes NMFS to issue an ITP 
to non-Federal parties for the potential incidental taking of 
endangered and threatened species. In support of their ITP application, 
the City of Santa Cruz has prepared an ASHCP to address effects of 
water diversions and for operation, rehabilitation, replacement, repair 
and maintenance of conveyance facilities and other existing 
infrastructure (covered activities) on salmonids listed under the ESA. 
The ASHCP plan area includes watershed and water service/urban areas 
that total approximately 176 square miles (~455.8 km\2\) in Santa Cruz 
County, California across three geographically distinct areas: (1) 
North Coast watersheds (Liddell, Laguna, and Majors); (2) San Lorenzo 
River watershed; and (3) City Urban Center. The ASHCP provides an 
assessment of impacts; measures to monitor, minimize, and mitigate for 
those impacts; and procedures to account for unforeseen or 
extraordinary circumstances.

Preliminary Proposed Action and Alternatives

    NMFS has prepared a draft EA, in accordance with the requirements 
of NEPA, to analyze the potential impacts on the human (biological, 
physical, social, and economic) environment caused by the City of Santa 
Cruz ASHCP (proposed action). Under the proposed action, NMFS would 
approve the ASHCP and issue an ITP with a 30-year permit term to the 
City of Santa Cruz for incidental take of covered species from covered 
activities in the plan area. Under the no action alternative, NMFS 
would not issue an ITP to the City, and the ASHCP would not be 
implemented. Under the no action alternative, the City would need to 
evaluate individual operations and maintenance activities to determine 
whether incidental take of listed salmonid species could be avoided 
through seasonal restrictions and other modifications to the activity, 
or whether an activity-specific incidental take authorization would 
instead be required.

Summary of Expected Impacts

    Incidental take is expected to result from covered activities 
described in the ASHCP. Expected impacts are less than what occurs 
under the City of Santa Cruz's current practices. The City of Santa 
Cruz is proposing a conservation strategy as part of their ASHCP that 
is intended to fully offset the impacts of the take.
    Under the no action alternative, the City would conduct project-by-
project reviews. It is anticipated that activities, if permitted, would 
occur at a slower pace and avoidance, minimization, and mitigation 
measures may be less comprehensive and more site-specific, compared to 
the proposed action. This type of mitigation can also be more expensive 
and time-consuming and provide less conservation benefit than a 
regional or watershed-level approach, as provided by the proposed 
action.

Authority

    Section 9 of the ESA and Federal regulations prohibit the taking of 
a species listed as endangered or threatened. The ESA defines ``take'' 
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct. NMFS may issue 
permits, under limited circumstances to take listed species incidental 
to, and not the purpose of, otherwise lawful activities. Section 
10(a)(1)(B) of the ESA and implementing regulations (50 CFR 222.307) 
provide for authorizing incidental take of listed species. The final 
permit decision will not be made until after the end of the 30-day 
comment period. NMFS will publish notice of its final action in the 
Federal Register.
    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment (42 U.S.C. 4321 et seq.; 40 CFR parts 1500 through 
1508; and Companion Manual for NOAA Administrative Order 216-6A, 82 FR 
4306, January 13, 2017). Therefore, NMFS is seeking public input on the 
scope of the required NEPA analysis in the EA, including the range of 
reasonable alternatives and associated impacts of any alternatives.

    Dated: September 5, 2023.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2023-19425 Filed 9-8-23; 8:45 am]
BILLING CODE 3510-22-P