Notice2023-19425
Endangered and Threatened Species; Take of Anadromous Fish
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
September 11, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
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[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62341-62342]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#7d2e1c13091c3e0f0807353e2d33382d3c532a3e2f3d13121c1c531a120b"><span class="__cf_email__" data-cfemail="1340727d6772506166695b50435d5643523d445041537d7c72723d747c65">[email protected]</span></a>. Include ``Santa Cruz
HCP'' in the subject line of the message.
<bullet> 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.
<bullet> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents</a>.
FOR FURTHER INFORMATION CONTACT: William Stevens, Santa Rosa, CA, (707)
575-6066, <a href="/cdn-cgi/l/email-protection#43142a2f2f2a222e6d10372635262d30032d2c22226d242c35"><span class="__cf_email__" data-cfemail="0d5a646161646c60235e79687b68637e4d63626c6c236a627b">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on September 11, 2023.
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