Notice2021-25073
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
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[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64224-64226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#285a5149467747444940684e5f5b064f475e"><span class="__cf_email__" data-cfemail="116368707f4e7e7d7079517766623f767e67">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Ryan Olah, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6623; email:
<a href="/cdn-cgi/l/email-protection#95e7ecf4fbcafaf9f4fdd5f3e2e6bbf2fae3"><span class="__cf_email__" data-cfemail="1a68637b744575767b725a7c6d69347d756c">[email protected]</span></a>.
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 <a href="http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html">http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html</a>. 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
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