Draft Habitat Conservation Plan and Draft Environmental Assessment for the California Department of Parks and Recreation, Oceano Dunes District, San Luis Obispo County, California, 70647-70648 [2020-24587]

Download as PDF Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices Comments must be submitted on or before January 4, 2021. ADDRESSES: To avoid duplicate submissions to the docket, please use the following means to submit comments: Submit comments at www.regulations.gov under Docket ID FEMA–2020–0037. Follow the instructions for submitting comments. All submissions received must include the agency name and Docket ID and will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy and Security Notice that is available via a link on the homepage of www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Melton Roland, ENS Program Manager, FEMA/ORR, Melton.Roland@ fema.dhs.gov, or telephone 540–665– 6152. You may contact the Records Management Division for copies of the proposed collection of information at email address: FEMA-InformationCollections-Management@fema.dhs.gov. SUPPLEMENTARY INFORMATION: FEMA’s Office of Response & Recovery (ORR) owns and operates the Emergency Notification System (ENS). FEMA Directive 262–3, Emergency Notification System, designates ENS as the agency solution for all notification and alerts activities. The ENS sends electronic notifications and relays messages, whether critical in nature, routine, or for testing purposes with appropriate authorization, to DHS employees and contractors, as well as emergency response personnel. In accordance with Executive Order 12656, as amended, Presidential Policy Directive 40, and Federal Continuity Directive (FCD)-1, all DHS organizational components must have in place a viable Continuity of Operations Planning (COOP) capability and plan that ensures the performance of their essential functions during any emergency or situation that could disrupt normal operations. An effective ENS solution is a critical part of this plan. DATES: khammond on DSKJM1Z7X2PROD with NOTICES Collection of Information Title: Emergency Notification System (ENS). Type of Information Collection: Revision of a currently approved information collection. OMB Number: 1660–0137. FEMA Forms: None. Abstract: The Emergency Notification System has been deemed the standard notification tool for FEMA. The purpose of this notification tool is to activate VerDate Sep<11>2014 20:36 Nov 04, 2020 Jkt 253001 teams and disseminate information. The respondents to this information are Mobile Operation Centers and Regions that use this information to make decisions on how to meet operational missions. This revision includes a new form for data gathering, which includes the Privacy Act Statement, Paperwork Reduction Act, and Retention Period information for members of the public that receive ENS Notifications. Affected Public: State, Local or Tribal Government; Federal Government. Estimated Number of Respondents: 700. Estimated Number of Responses: 700. Estimated Total Annual Burden Hours: 183.2. Estimated Total Annual Respondent Cost: $6,247. Estimated Respondents’ Operation and Maintenance Costs: $0. Estimated Respondents’ Capital and Start-Up Costs: $0. Estimated Total Annual Cost to the Federal Government: $214,651. Comments Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Maile Arthur, Acting Records Management Branch Chief, Office of the Chief Administrative Officer, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2020–24588 Filed 11–4–20; 8:45 am] BILLING CODE 9111–23–P PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 70647 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2019–N014; FXES11140800000–189–FF08EVEN00] Draft Habitat Conservation Plan and Draft Environmental Assessment for the California Department of Parks and Recreation, Oceano Dunes District, San Luis Obispo County, California Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) and associated draft environmental assessment (EA) for California Department of Parks and Recreation (CDPR) activities at Pismo State Beach and Oceano Dunes State Vehicular Recreation Area, San Luis Obispo County, California. The CDPR developed the draft HCP as part of their application for an incidental take permit (ITP) under the Endangered Species Act. The Service prepared a draft EA in accordance with the National Environmental Policy Act to evaluate the potential effects to the natural and human environment resulting from issuing an ITP to CDPR. We invite public comment on these documents. DATES: Written comments should be received on or before December 21, 2020. SUMMARY: ADDRESSES: Obtaining Documents for Review: You may download a copy of the draft habitat conservation plan and draft environmental assessment at http:// www.fws.gov/ventura/, or you may request copies of the documents by U.S. mail (below) or by phone (see FOR FURTHER INFORMATION CONTACT). Submitting Written Comments: Please send us your written comments using one of the following methods: • U.S. mail: Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. • Email: fw8oceanoduneshcp@ fws.gov. Please include Oceano Dunes HCP in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Lena Chang, Senior Fish and Wildlife Biologist, by phone at 805–677–3305, via the Federal Relay Service at 1–800– 877–8339 for TTY assistance, or at the Ventura address (see ADDRESSES). SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), E:\FR\FM\05NON1.SGM 05NON1 70648 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices announce the availability of a draft habitat conservation plan (HCP) and the associated draft environmental assessment (EA) for California Department of Parks and Recreation’s (CDPR’s) public use, recreation management, natural resources management, and park and beach management activities on 5,005 acres of Pismo State Beach and Oceano Dunes State Vehicular Recreation Area, in San Luis Obispo County, California. The CDPR developed the draft HCP as part of its application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The Service prepared a draft EA 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 Species The ITP would authorize take of the four animal species (California least tern, tidewater goby, western snowy plover, and California red-legged frog) incidental to otherwise lawful activities associated with the HCP-covered activities. khammond on DSKJM1Z7X2PROD with NOTICES Background Section 9 of the ESA prohibits the take of fish or wildlife species listed as endangered; as applicable to the species affected by the proposed action, the ESA implementing regulations also prohibit take of fish or wildlife species listed as threatened. ‘‘Take’’ is defined under the ESA 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 ESA, we may issue permits to authorize incidental take of listed species. ‘‘Incidental take’’ is defined by the ESA 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 in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively. Under the ESA, protections for federally listed plants differ from the protections afforded to federally listed animals. Issuance of an incidental take permit also must not jeopardize the existence of federally listed fish, wildlife, or plant species. The permittees would receive assurances under our ‘‘No Surprises’’ 20:36 Nov 04, 2020 Jkt 253001 Draft HCP Covered Species The CDPR has developed a draft HCP that includes measures to mitigate and minimize impacts to the following 10 covered species: Listing information Federally Listed as Endangered: California least tern (Sterna antillarum browni) ................................ Tidewater goby (Eucyclogobius newberryi) ...................................... Gambel’s watercress (Rorippa gambelii) .......................................... La Graciosa thistle (Cirsium scariosum var. loncholepis) ................. Marsh sandwort (Arenaria paludicola) .............................................. Nipomo Mesa lupine (Lupinus nipomensis) ...................................... Federally Listed as Threatened: Western snowy plover (Charadrius nivosus nivosus) ....................... California red-legged frog (Rana draytonii) ....................................... State Listed as Threatened: Surf thistle (Cirsium rhothophilum) .................................................... Beach spectaclepod (Dithyrea maritime) .......................................... VerDate Sep<11>2014 resulting from issuing an ITP to CDPR. We invite public comment on these documents. June 2, 1970 (35 FR 16047). February 4, 1994 (59 FR 5494). August 3, 1993 (58 FR 41378). March 20, 2000 (65 FR 14888). August 3, 1993 (58 FR 41378). March 20, 2000 (65 FR 14888). March 5, 1993 (58 FR 12864). May 23, 1996 (61 FR 25813). 1990. 1990. regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the covered species. Proposed Activities The CDPR has applied for an ITP that would authorize incidental take of the four covered animal species that could result from covered activities described in the HCP. The covered area comprises 5,005 acres of Pismo State Beach and Oceano Dunes State Vehicular Recreation Area. The covered area includes designated critical habitat for western snowy plover, tidewater goby, and La Graciosa thistle. The HCP describes measures CDPR will implement to avoid and minimize impacts and take of the covered species. Mitigation for unavoidable take would be accomplished through CDPR’s existing conservation program and through meeting the biological goals and objectives outlined in the HCP. The conservation program is designed to protect and promote recovery of covered species, including managing habitat components to benefit covered species, minimizing human alteration or disturbance of native habitats, reducing conflicts between covered species and park users, restoring native habitats, and monitoring the success of these efforts. Alternatives We are considering four alternatives in the draft EA: (1) The no action alternative, which would not result in issuance of an ITP for ongoing activities; PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 (2) The proposed action would be issuance of an ITP based on the activities described in draft HCP, including reduction of the existing protected area boundary (‘‘southern exclosure’’) for the California least tern and western snowy plover; (3) Issuance of an ITP based on the draft HCP maintaining the existing ‘‘southern exclosure boundary’’; and (4) Issuance of an ITP based on the draft HCP with year-round exclosures. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, 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 We provide this notice under section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). Stephen Henry, Field Supervisor,Ventura Fish and Wildlife Office,Ventura, California. [FR Doc. 2020–24587 Filed 11–4–20; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70647-70648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24587]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N014; FXES11140800000-189-FF08EVEN00]


Draft Habitat Conservation Plan and Draft Environmental 
Assessment for the California Department of Parks and Recreation, 
Oceano Dunes District, San Luis Obispo County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a draft habitat conservation plan (HCP) and associated 
draft environmental assessment (EA) for California Department of Parks 
and Recreation (CDPR) activities at Pismo State Beach and Oceano Dunes 
State Vehicular Recreation Area, San Luis Obispo County, California. 
The CDPR developed the draft HCP as part of their application for an 
incidental take permit (ITP) under the Endangered Species Act. The 
Service prepared a draft EA in accordance with the National 
Environmental Policy Act to evaluate the potential effects to the 
natural and human environment resulting from issuing an ITP to CDPR. We 
invite public comment on these documents.

DATES: Written comments should be received on or before December 21, 
2020.

ADDRESSES: 
    Obtaining Documents for Review: You may download a copy of the 
draft habitat conservation plan and draft environmental assessment at 
http://www.fws.gov/ventura/, or you may request copies of the documents 
by U.S. mail (below) or by phone (see FOR FURTHER INFORMATION CONTACT).
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
     Email: [email protected]. Please include Oceano 
Dunes HCP in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Lena Chang, Senior Fish and Wildlife 
Biologist, by phone at 805-677-3305, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or at the Ventura address (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service),

[[Page 70648]]

announce the availability of a draft habitat conservation plan (HCP) 
and the associated draft environmental assessment (EA) for California 
Department of Parks and Recreation's (CDPR's) public use, recreation 
management, natural resources management, and park and beach management 
activities on 5,005 acres of Pismo State Beach and Oceano Dunes State 
Vehicular Recreation Area, in San Luis Obispo County, California. The 
CDPR developed the draft HCP as part of its application for an 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.). The Service prepared a draft 
EA 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 an ITP to CDPR. We 
invite public comment on these documents.

Draft HCP Covered Species

    The CDPR has developed a draft HCP that includes measures to 
mitigate and minimize impacts to the following 10 covered species:

------------------------------------------------------------------------
                Species                        Listing information
------------------------------------------------------------------------
Federally Listed as Endangered:
    California least tern (Sterna        June 2, 1970 (35 FR 16047).
     antillarum browni).
    Tidewater goby (Eucyclogobius        February 4, 1994 (59 FR 5494).
     newberryi).
    Gambel's watercress (Rorippa         August 3, 1993 (58 FR 41378).
     gambelii).
    La Graciosa thistle (Cirsium         March 20, 2000 (65 FR 14888).
     scariosum var. loncholepis).
    Marsh sandwort (Arenaria             August 3, 1993 (58 FR 41378).
     paludicola).
    Nipomo Mesa lupine (Lupinus          March 20, 2000 (65 FR 14888).
     nipomensis).
Federally Listed as Threatened:
    Western snowy plover (Charadrius     March 5, 1993 (58 FR 12864).
     nivosus nivosus).
    California red-legged frog (Rana     May 23, 1996 (61 FR 25813).
     draytonii).
State Listed as Threatened:
    Surf thistle (Cirsium rhothophilum)  1990.
    Beach spectaclepod (Dithyrea         1990.
     maritime).
------------------------------------------------------------------------

    The ITP would authorize take of the four animal species (California 
least tern, tidewater goby, western snowy plover, and California red-
legged frog) incidental to otherwise lawful activities associated with 
the HCP-covered activities.

Background

    Section 9 of the ESA prohibits the take of fish or wildlife species 
listed as endangered; as applicable to the species affected by the 
proposed action, the ESA implementing regulations also prohibit take of 
fish or wildlife species listed as threatened. ``Take'' is defined 
under the ESA 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 ESA, we may issue permits to authorize 
incidental take of listed species. ``Incidental take'' is defined by 
the ESA 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 in the Code of 
Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively. 
Under the ESA, protections for federally listed plants differ from the 
protections afforded to federally listed animals. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. The permittees would 
receive assurances under our ``No Surprises'' regulations ((50 CFR 
17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the 
covered species.

Proposed Activities

    The CDPR has applied for an ITP that would authorize incidental 
take of the four covered animal species that could result from covered 
activities described in the HCP. The covered area comprises 5,005 acres 
of Pismo State Beach and Oceano Dunes State Vehicular Recreation Area. 
The covered area includes designated critical habitat for western snowy 
plover, tidewater goby, and La Graciosa thistle. The HCP describes 
measures CDPR will implement to avoid and minimize impacts and take of 
the covered species. Mitigation for unavoidable take would be 
accomplished through CDPR's existing conservation program and through 
meeting the biological goals and objectives outlined in the HCP. The 
conservation program is designed to protect and promote recovery of 
covered species, including managing habitat components to benefit 
covered species, minimizing human alteration or disturbance of native 
habitats, reducing conflicts between covered species and park users, 
restoring native habitats, and monitoring the success of these efforts.

Alternatives

    We are considering four alternatives in the draft EA:
    (1) The no action alternative, which would not result in issuance 
of an ITP for ongoing activities;
    (2) The proposed action would be issuance of an ITP based on the 
activities described in draft HCP, including reduction of the existing 
protected area boundary (``southern exclosure'') for the California 
least tern and western snowy plover;
    (3) Issuance of an ITP based on the draft HCP maintaining the 
existing ``southern exclosure boundary''; and
    (4) Issuance of an ITP based on the draft HCP with year-round 
exclosures.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, 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

    We provide this notice under section 10 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor,Ventura Fish and Wildlife Office,Ventura, California.
[FR Doc. 2020-24587 Filed 11-4-20; 8:45 am]
BILLING CODE 4333-15-P