[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71597-71598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22808]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0156; FXES11140800000-190-FF08EVEN00]


Draft Categorical Exclusion and Draft General Conservation Plan 
for Amphibians in Southern Santa Cruz 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 general conservation plan (GCP), as well as an 
associated draft categorical exclusion (CatEx), for development 
activities in Santa Cruz County, California. The Service developed the 
GCP in accordance with the Endangered Species Act to provide a 
streamlined mechanism for proponents engaged in activities associated 
with residential development and associated infrastructure, 
construction and maintenance on public lands, and habitat restoration, 
to meet statutory and regulatory requirements while promoting 
conservation of the California red-legged frog, California tiger 
salamander, and Santa Cruz long-toed salamander. The Service also 
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 GCP. We invite 
comment on these documents from agencies, Tribes, and the public.

DATES: Written comments should be received on or before November 16, 
2023.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R8-ES-2023-0156 at 
https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0156.
     U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R8-ES-2023-0156; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, by email at [email protected], or by telephone at 805-
644-1766. Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft general conservation 
plan (GCP) and the associated draft categorical exclusion (CatEx), for 
development activities in Santa Cruz County. The draft GCP was 
developed by the Service in accordance with section 10(a)(2)(A) of the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). The GCP meets the issuance criteria as required by section 
10(a)(2)(B) of the Act for issuance of a section 10(a)(1)(B) incidental 
take permit (ITP). The Service developed the GCP to provide a 
streamlined mechanism for proponents engaged in activities associated 
with the construction and maintenance of residential dwellings and 
associated infrastructure, construction, and maintenance on public 
lands, such as roads, drainages, and parks, and habitat restoration, to 
meet statutory and regulatory requirements while promoting conservation 
of the California red-legged frog (Rana draytonii), California tiger 
salamander (Ambystoma californiense), and Santa Cruz long-toed 
salamander (Ambystoma macrodactylum croceum). Permits issued under the 
GCP would authorize incidental take of the covered species for up to 5 
years after each respective permit is issued. The GCP would authorize 
incidental take of the covered species, via permanent habitat loss, 
within 90 acres (ac) of the approximate 14,314-ac plan area in southern 
Santa Cruz County. 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 GCP. We 
invite comment on the GCP

[[Page 71598]]

and associated documents from agencies, Tribes, and the public.

Background

    The Service listed the California red-legged frog as threatened on 
May 23, 1996 (61 FR 25813), the California tiger salamander as 
threatened on August 4, 2004 (69 FR 47212), and the Santa Cruz long-
toed salamander as endangered on March 11, 1967 (32 FR 4001). Section 9 
of the Act and its implementing regulations prohibit the take of fish 
or wildlife species listed as endangered or threatened. ``Take'' is 
defined under the Act 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 Act, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the Act 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, respectively, in the Code of Federal Regulations (CFR) at 50 CFR 
17.32 and 17.22. Issuance of an incidental take permit also must not 
jeopardize the existence of federally listed fish, wildlife, or plant 
species. All species included in an incidental take permit would 
receive assurances under our ``No Surprises'' regulations (50 CFR 
17.22(b)(5) and 17.32(b)(5)).
    The proposed action is approval of the GCP and subsequent issuance 
of incidental take permits. The Service prepared the GCP to provide a 
more efficient and standardized mechanism for proponents engaged in 
activities associated with the construction and maintenance of 
residential dwellings and associated infrastructure, construction and 
maintenance on public lands such as roads, drainages, and parks, and 
habitat restoration on non-Federal lands. The GCP meets permit issuance 
criteria as required by section 10(a)(2)(B) of the Act and enables 
implementation of a programmatic permitting and conservation process to 
address a suite of proposed activities over a defined planning area. 
The proposed GCP would allow private individuals, local and State 
agencies, and other non-Federal entities to meet the statutory and 
regulatory requirements of the Act by applying for permits and 
complying with the requirements of the GCP, including all applicable 
avoidance, minimization, and mitigation actions.

Our Preliminary Determination Under the National Environmental Policy 
Act

    The Service has made a preliminary determination that GCP issuance 
and the subsequent issuance of permits under the GCP is neither a major 
Federal action that will significantly affect the quality of the human 
environment within the meaning of section 102(2)(C) of the National 
Environmental Policy Act (NEPA), nor will it individually or 
cumulatively have more than a negligible effect on the species covered 
in the GCP. Therefore, the Service anticipates GCP issuance qualifies 
for a categorical exclusion pursuant to the Council on Environmental 
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR 
1501.4), the Department of the Interior's (DOI) NEPA regulations (43 
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)).

Public Comments

    If you wish to comment on the GCP and associated documents, you may 
submit comments by any one of the methods in ADDRESSES.

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

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2023-22808 Filed 10-16-23; 8:45 am]
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