80 FR 69977 - Draft Screening Form and Draft Low-Effect Habitat Conservation Plan for the San Rafael Ranch; Santa Cruz County, AZ

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range		69977-69979
FR Document		2015-28794

We, the U.S. Fish and Wildlife Service (Service), make available the draft National Environmental Policy Act (NEPA) screening form and draft San Rafael Ranch low-effect habitat conservation plan (dHCP). The San Rafael Cattle Company (applicant) has applied to the Service for an incidental take permit (ITP, TE12133A-0) under the Endangered Species Act of 1973, as amended (Act). If approved, the ITP would be in force for a period of 30 years, and would authorize incidental take of three species currently listed under the Act, and one species that may become listed under the Act. The proposed incidental take would occur as a result of specified actions conducted under the authority of the San Rafael Cattle Company. This is the second notice regarding the dHCP. An earlier notice of Availability was published on July 22, 2010 (75 FR 35504). After that notice was published, processing of the permit application was suspended by mutual agreement of the San Rafael Cattle Company and the Service.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69977-69979]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28794]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2015-N194; FXES11130200000-167-FF02ENEH00]


Draft Screening Form and Draft Low-Effect Habitat Conservation 
Plan for the San Rafael Ranch; Santa Cruz County, AZ

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), make 
available the draft National Environmental Policy Act (NEPA) screening 
form and draft San Rafael Ranch low-effect habitat conservation plan 
(dHCP). The San Rafael Cattle Company (applicant) has applied to the 
Service for an incidental take permit (ITP, TE12133A-0) under the 
Endangered Species Act of 1973, as amended (Act). If approved, the ITP 
would be in force for a period of 30 years, and would authorize 
incidental take of three species currently listed under the Act, and 
one species that may become listed under the Act. The proposed 
incidental take would occur as a result of specified actions conducted 
under the authority of the San Rafael Cattle Company.
    This is the second notice regarding the dHCP. An earlier notice of 
Availability was published on July 22, 2010 (75 FR 35504). After that 
notice was published, processing of the permit application was 
suspended by mutual agreement of the San Rafael Cattle Company and the 
Service.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before December 14, 2015. Any comments that we receive 
after the closing date may not be considered.

ADDRESSES: Availability of Documents: The draft NEPA screening form and 
draft San Rafael Ranch low-effect habitat conservation plan (dHCP) are 
available by the following methods:
     Internet: Documents are available on the Internet at the 
Service's Web site, at http://www.fws.gov/southwest/es/arizona/.
     U.S. Mail: A limited number of CD-ROM and printed copies 
of both documents are available, by request, from Mr. Steve Spangle, 
Field Supervisor, Arizona Ecological Services Field Office, 2321 West 
Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951; telephone: 602-242-
0210; fax:

[[Page 69978]]

602-242-2513. Please note that your request is in reference to the San 
Rafael Ranch dHCP (TE-12133A-0).
     In-Person: Copies of both documents are also available for 
public inspection and review at the following locations, by written 
request and appointment only, 8 a.m. to 4:30 p.m.:
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6034, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, Arizona Ecological 
Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, 
AZ 85021-4951; telephone: 602-242-0210; fax: 602-242-2513.
    The ITP application is available by mail from the Regional 
Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 6034, 
Albuquerque, NM 87103, Attn: Environmental Review Division.
    Comment submission: We request that you send comments only by one 
of the methods described below. Comments submitted by any other means 
may not be considered. Please note that your request is in reference to 
the San Rafael Ranch dHCP (TE-12133A-0).
     Electronically: Send comments to fw2_hcp_permits@fws.gov.
     By hard copy: Submit comments by U.S. mail or hand-
delivery to: U.S. Fish and Wildlife Service, Arizona Ecological 
Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, 
AZ 85021-4951; telephone: 602-242-0210.

FOR FURTHER INFORMATION CONTACT: Doug Duncan, Arizona Ecological 
Services Field Office--Tucson Sub-Office, 201 N. Bonita Avenue, Suite 
141, Tucson, AZ 85745; telephone (520/670-6150; extension 236); or by 
email (Doug_Duncan@fws.gov).

SUPPLEMENTARY INFORMATION: We announce that:
    (1) We have gathered the information necessary to determine the 
impacts to the human environment under NEPA related to the potential 
issuance of an ITP to the applicant; and
    (2) The applicant has developed a dHCP as part of the application 
for an ITP, which describes the measures the applicant has agreed to 
take to minimize and mitigate the effects of incidental take of covered 
species to the maximum extent practicable, pursuant to section 
10(a)(1)(B) of the Act.
    Take of listed plant species is not defined in the Act, although 
the Act does identify several prohibitions. However, because covered 
species in the dHCP include both plants and animals, in the following 
discussion we use the term ``incidental take'' when discussing impacts 
to covered plants, as well as actual incidental take of covered 
animals. Plant species may be included on an ITP in recognition of the 
conservation benefits provided to them under an HCP.
    If approved, the ITP would authorize incidental take of five listed 
species, including Sonoran tiger salamander (Ambystoma mavortium 
[=tigrinum] stebbinsi), Gila chub (Gila intermedia), northern Mexican 
gartersnake (Thamnophis eques megalops), Canelo Hills ladies'-tresses 
(Spiranthes delitescens), and Huachuca water umbel (Lilaeopsis 
schaffneriana ssp. recurva), as well as a species that may become 
listed under the Act in the future, and Huachuca springsnail 
(Pyrgulopsis thompsoni).
    Also occurring on the Ranch is the endangered Gila topminnow 
(Poeciliopsis o. occidentalis) and potentially, the threatened 
Chiricahua leopard frog (Lithobates chiricahuensis). Both species are 
covered under safe harbor agreements held by the Arizona Game and Fish 
Department.
    The proposed incidental take would occur as a result of ranch 
management activities on 18,440 acres of the San Rafael Ranch and 3,560 
acres of grazing preference on the Arizona State Parks, San Rafael 
State Natural Area (consistent with lease terms) in Santa Cruz County, 
Arizona. The applicant has completed a dHCP as part of the application 
package, as required by the Act.
    A categorical exclusion for an HCP is based on the following three 
criteria: (1) Implementation of the proposed plan would result in minor 
or negligible effects on federally-listed, proposed, and candidate 
species and their habitats; (2) implementation of the proposed HCP 
would result in minor or negligible effects on other environmental 
values or resources; and (3) impacts of the HCP, considered together 
with the impacts of other past, present, and reasonably foreseeable 
similarly situated projects, would not result, over time, in cumulative 
effects to environmental values or resources that would be considered 
significant. Based upon the preliminary determination made in our draft 
NEPA screening document, we believe this action qualifies as a 
categorical exclusion. We will consider public comments when making the 
final determination on whether to prepare an additional NEPA document 
on the proposed action.

Background

    Since purchasing the San Rafael Ranch in 2000, the applicant has 
been implementing grazing practices that have improved range and 
habitat conditions on private lands within the San Rafael Valley of 
Santa Cruz County, Arizona. These improved habitat conditions provide 
opportunities for conservation actions that may enhance the status and 
distribution of covered species on the San Rafael Ranch. The applicant 
would like to continue ranch management activities while working with 
agencies to conduct conservation actions on the San Rafael Ranch, such 
as introduction of covered species or other species not covered, and 
removal of aquatic invasive species. The covered ranch management 
activities would consist of watering cattle in stock tanks and cattle 
grazing all habitats, including herding cattle within and between 
pastures; maintenance of stock ponds, wells, waterlines, fences, roads, 
and utility lines supporting these facilities; and brush and invasive 
plant management to reduce shrub invasion of upland grasslands. All of 
these activities have short-term impacts on species and their habitats, 
and incidental take of some covered species may occur. However, a long-
term benefit is anticipated for the watershed and habitats of the 
covered species. In addition, the applicant proposes actions to 
minimize the impacts of the activities and assist in recovery of 
covered species. These actions are also proposed to be covered by the 
associated section 10(a)(1)(B) permit.
    The biological goal of the San Rafael Ranch HCP is to provide long-
term protection for multiple species of concern and key natural 
communities through maintenance or improvement of the habitat 
conditions and ecosystem functions necessary for their survival, and to 
ensure that any incidental take of listed species will not appreciably 
reduce the likelihood of the survival and recovery of those species in 
the wild.

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 publicly 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.

[[Page 69979]]

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

    Dated: November 5, 2015.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2015-28794 Filed 11-10-15; 8:45 am]
BILLING CODE 4333-15-P

69978 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices

602–242–2513. Please note that your well as actual incidental take of covered have improved range and habitat
request is in reference to the San Rafael animals. Plant species may be included conditions on private lands within the
Ranch dHCP (TE–12133A–0). on an ITP in recognition of the San Rafael Valley of Santa Cruz County,
• In-Person: Copies of both conservation benefits provided to them Arizona. These improved habitat
documents are also available for public under an HCP. conditions provide opportunities for
inspection and review at the following If approved, the ITP would authorize conservation actions that may enhance
locations, by written request and incidental take of five listed species, the status and distribution of covered
appointment only, 8 a.m. to 4:30 p.m.: including Sonoran tiger salamander species on the San Rafael Ranch. The
• U.S. Fish and Wildlife Service, 500 (Ambystoma mavortium [=tigrinum] applicant would like to continue ranch
Gold Avenue SW., Room 6034, stebbinsi), Gila chub (Gila intermedia), management activities while working
Albuquerque, NM 87102. northern Mexican gartersnake
with agencies to conduct conservation
• U.S. Fish and Wildlife Service, (Thamnophis eques megalops), Canelo
actions on the San Rafael Ranch, such
Arizona Ecological Services Field Hills ladies’-tresses (Spiranthes
delitescens), and Huachuca water umbel as introduction of covered species or
Office, 2321 West Royal Palm Road, other species not covered, and removal
Suite 103, Phoenix, AZ 85021–4951; (Lilaeopsis schaffneriana ssp. recurva),
as well as a species that may become of aquatic invasive species. The covered
telephone: 602–242–0210; fax: 602–
listed under the Act in the future, and ranch management activities would
242–2513.
Huachuca springsnail (Pyrgulopsis consist of watering cattle in stock tanks
The ITP application is available by
mail from the Regional Director, U.S. thompsoni). and cattle grazing all habitats, including
Fish and Wildlife Service, P.O. Box Also occurring on the Ranch is the herding cattle within and between
1306, Room 6034, Albuquerque, NM endangered Gila topminnow pastures; maintenance of stock ponds,
87103, Attn: Environmental Review (Poeciliopsis o. occidentalis) and wells, waterlines, fences, roads, and
Division. potentially, the threatened Chiricahua utility lines supporting these facilities;
Comment submission: We request that leopard frog (Lithobates chiricahuensis). and brush and invasive plant
you send comments only by one of the Both species are covered under safe management to reduce shrub invasion of
methods described below. Comments harbor agreements held by the Arizona upland grasslands. All of these activities
submitted by any other means may not Game and Fish Department. have short-term impacts on species and
be considered. Please note that your The proposed incidental take would their habitats, and incidental take of
request is in reference to the San Rafael occur as a result of ranch management some covered species may occur.
Ranch dHCP (TE–12133A–0). activities on 18,440 acres of the San However, a long-term benefit is
• Electronically: Send comments to Rafael Ranch and 3,560 acres of grazing anticipated for the watershed and
fw2_hcp_permits@fws.gov. preference on the Arizona State Parks, habitats of the covered species. In
• By hard copy: Submit comments by San Rafael State Natural Area addition, the applicant proposes actions
U.S. mail or hand-delivery to: U.S. Fish (consistent with lease terms) in Santa
to minimize the impacts of the activities
and Wildlife Service, Arizona Ecological Cruz County, Arizona. The applicant
and assist in recovery of covered
Services Field Office, 2321 West Royal has completed a dHCP as part of the
species. These actions are also proposed
Palm Road, Suite 103, Phoenix, AZ application package, as required by the
Act. to be covered by the associated section
85021–4951; telephone: 602–242–0210. 10(a)(1)(B) permit.
A categorical exclusion for an HCP is
FOR FURTHER INFORMATION CONTACT: based on the following three criteria: (1) The biological goal of the San Rafael
Doug Duncan, Arizona Ecological Implementation of the proposed plan Ranch HCP is to provide long-term
Services Field Office—Tucson Sub- would result in minor or negligible protection for multiple species of
Office, 201 N. Bonita Avenue, Suite 141, effects on federally-listed, proposed, concern and key natural communities
Tucson, AZ 85745; telephone (520/670– and candidate species and their through maintenance or improvement of
6150; extension 236); or by email habitats; (2) implementation of the the habitat conditions and ecosystem
(Doug_Duncan@fws.gov). proposed HCP would result in minor or functions necessary for their survival,
SUPPLEMENTARY INFORMATION: We negligible effects on other and to ensure that any incidental take of
announce that: environmental values or resources; and listed species will not appreciably
(1) We have gathered the information (3) impacts of the HCP, considered reduce the likelihood of the survival
necessary to determine the impacts to together with the impacts of other past, and recovery of those species in the
the human environment under NEPA present, and reasonably foreseeable wild.
related to the potential issuance of an similarly situated projects, would not
ITP to the applicant; and result, over time, in cumulative effects Public Availability of Comments
(2) The applicant has developed a to environmental values or resources
dHCP as part of the application for an Written comments we receive become
that would be considered significant.
ITP, which describes the measures the part of the public record associated with
Based upon the preliminary
applicant has agreed to take to minimize this action. Before including your
determination made in our draft NEPA
and mitigate the effects of incidental screening document, we believe this address, phone number, email address,
take of covered species to the maximum action qualifies as a categorical or other personal identifying
extent practicable, pursuant to section exclusion. We will consider public information in your comment, you
10(a)(1)(B) of the Act. comments when making the final should be aware that the entire
comment—including your personal
mstockstill on DSK4VPTVN1PROD with NOTICES

Take of listed plant species is not determination on whether to prepare an
defined in the Act, although the Act additional NEPA document on the identifying information—may be made
does identify several prohibitions. proposed action. publicly available at any time. While
However, because covered species in you can ask us in your comment to
the dHCP include both plants and Background withhold your personal identifying
animals, in the following discussion we Since purchasing the San Rafael information from public review, we
use the term ‘‘incidental take’’ when Ranch in 2000, the applicant has been cannot guarantee that we will be able to
discussing impacts to covered plants, as implementing grazing practices that do so.

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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices 69979

Authority 30. Please register by contacting Lucia longer authorized by state law to handle
We provide this notice under section Foulkes at the Federal Geographic Data controlled substances.’’ Exceptions at 1.
10(c) of the Act (16 U.S.C. 1531 et seq.) Committee (703–648–4142, lfoulkes@ Noting that the language of section
and its implementing regulations (50 usgs.gov). Comments may also be 824(a)(3) authorizes the suspension or
CFR 17.22) and NEPA (42 U.S.C. 4371 submitted to the NGAC in writing. revocation of a registration where a
et seq.) and its implementing DATES: The meeting will be held on registrant ‘‘is no longer authorized by
regulations (40 CFR 1506.6). December 4, 2015, from 12:30 p.m. to State law to engage in the
3:30 p.m. EST. manufacturing, distribution or
Dated: November 5, 2015. dispensing of controlled substances,’’
FOR FURTHER INFORMATION CONTACT: John
Joy E. Nicholopoulos, Respondent argues that the ALJ lumped
Mahoney, U.S. Geological Survey (206–
Acting Regional Director, Southwest Region,
220–4621). together ‘‘[t]he words ‘manufacturing,
U.S. Fish and Wildlife Service. distribution or dispensing’’’ and that
[FR Doc. 2015–28794 Filed 11–10–15; 8:45 am] SUPPLEMENTARY INFORMATION: Meetings this ‘‘violates the strict requirement for
BILLING CODE 4333–15–P
of the National Geospatial Advisory strict statutory construction.’’ Id.
Committee are open to the public. Apparently, because the ALJ used the
Additional information about the NGAC word ‘‘handle’’ rather than ‘‘dispense’’
DEPARTMENT OF THE INTERIOR and the meeting are available at to describe the authority Respondent no
www.fgdc.gov/ngac. longer holds by virtue of the suspension
Geological Survey Kenneth Shaffer, of her medical license, Respondent
[GX16EE000101100] Deputy Executive Director, Federal believes that the Agency lacks authority
Geographic Data Committee. to revoke her registration.
Announcement of National Geospatial [FR Doc. 2015–28730 Filed 11–10–15; 8:45 am]
It is true that the Controlled
Advisory Committee Meeting Substances Act does not use the word
BILLING CODE 4338–11–P
‘‘handle’’ in describing the activities
AGENCY: U.S. Geological Survey, that various categories of registrants are
Department of the Interior. authorized to engage in pursuant to
ACTION: Notice of meeting. DEPARTMENT OF JUSTICE their registrations. Rather, the term is
Drug Enforcement Administration part of the Agency’s vernacular.
SUMMARY: The National Geospatial Notwithstanding the language used by
Advisory Committee (NGAC) will meet [Docket No. 15–21; the ALJ, the Agency possesses authority
on December 4, 2015, from 12:30 p.m. to revoke Respondent’s registration
to 3:30 p.m. EST. The meeting will be Christina B. Paylan, M.D.; Decision and because the record establishes that she
held via web conference and Order lacks authority to dispense controlled
teleconference. substances in Florida, the State in
The NGAC, which is composed of On July 1, 2015, Administrative Law
Judge Christopher B. McNeil issued the which she is registered with DEA.
representatives from governmental, Specifically, the evidence shows that on
private sector, non-profit, and academic attached Recommended Decision.
Therein, the ALJ found it undisputed October 28, 2014, the Florida
organizations, has been established to Department of Health ordered the
advise the Chair of the Federal that Respondent’s medical license has
been suspended by the Florida emergency suspension of Respondent’s
Geographic Data Committee on license ‘‘to practice as a medical doctor’’
management of Federal geospatial Department of Health, and that
therefore, she ‘‘is not authorized to after she was convicted in state court of
programs, the development of the two felony offenses, including, inter
National Spatial Data Infrastructure, and handle controlled substances in the
alia, ‘‘obtaining a controlled substance
the implementation of Office of State of Florida.’’ R.D. 6. Because
by fraud.’’ In re Emergency Suspension
Management and Budget (OMB) Respondent is no longer a ‘‘practitioner’’
of the License of Christina B. Paylan,
Circular A–16. Topics to be addressed at within the meaning of the Controlled
M.D., 1–2 (Fla. Dept. of Health Oct. 28,
the meeting include: Substances Act, the ALJ granted the
2014) (No. 2014–12284). Respondent
—FGDC Update Government’s Motion for Summary
therefore lacks authority under Florida
—NGAC Subcommittee Reports Disposition and recommended that her
law to dispense controlled substances
—Review of NGAC Papers registration be revoked 1 and that any
within the meaning of the CSA. See Fla.
—Planning for 2016 NGAC Activities pending application to renew or modify Stat. § 458.305(3) (defining the ‘‘practice
Members of the public who wish to her registration be denied. Id. of medicine’’ as ‘‘the diagnosis,
attend the meeting must register in Respondent filed Exceptions to the treatment, operation, or prescription for
advance. Please register by contacting Decision and the Government filed a any human disease, pain, injury,
Lucia Foulkes at the Federal Geographic Response to Respondent’s Exceptions. deformity, or other physical or mental
Data Committee (703–648–4142, Thereafter, the record was forwarded to condition’’); id. § 458.305(4) (defining
lfoulkes@usgs.gov). Meeting me for final agency action. ‘‘physician’’ as ‘‘a person who is
registrations are due by November 30, Having considered the record in its licensed to practice medicine in this
2015. Meeting information (Web entirety, I have decided to adopt the state’’); § 456.065(2)(d)(1) (prohibiting
conference and teleconference ALJ’s factual finding, his conclusions of the unlicensed practice of ‘‘a health care
instructions) will be provided to law, and recommended order. A profession without an active, valid . . .
discussion of Respondent’s Exceptions
mstockstill on DSK4VPTVN1PROD with NOTICES

registrants prior to the meeting. While license to practice that professional’’
the meeting will be open to the public, follows. which ‘‘includes practicing on a
attendance may be limited due to web Respondent’s first exception is based suspended . . . license’’).
conference and teleconference capacity. on the ALJ’s finding that she is ‘‘no Respondent further argues that
The meeting will include an 1 According to the registration records of this
because she ‘‘is not a dispensing
opportunity for public comment. Agency, of which I take official notice, see 5 U.S.C.
practitioner’’ as defined by Florida law,
Attendees wishing to provide public 556(e), Respondent’s registration does not expire she is outside of the scope of section
comment should register by November until March 31, 2016. 824(a)(3). Exceptions at 5. Respondent

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Document Created: 2015-12-14 14:53:35
Document Modified: 2015-12-14 14:53:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		To ensure consideration, written comments must be received or postmarked on or before December 14, 2015. Any comments that we receive after the closing date may not be considered.
Contact		Doug Duncan, Arizona Ecological Services Field Office--Tucson Sub-Office, 201 N. Bonita Avenue, Suite 141, Tucson, AZ 85745; telephone (520/670-6150; extension 236); or by email ([email protected]).
FR Citation		80 FR 69977

80 FR 69977 - Draft Screening Form and Draft Low-Effect Habitat Conservation Plan for the San Rafael Ranch; Santa Cruz County, AZ

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 218 (November 12, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service