83 FR 17837 - Receipt of Application for Renewal of Incidental Take Permits; Interim Programmatic Low-Effect Habitat Conservation Plan for the Endangered Mount Hermon June Beetle and Ben Lomond Spineflower, Santa Cruz County and Scotts Valley, CA
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 79 (April 24, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17837-17838 | |
| FR Document | 2018-08499 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Notices] [Pages 17837-17838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08499] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2016-N236; FXES11130800000-189-FF08EVEN00] Receipt of Application for Renewal of Incidental Take Permits; Interim Programmatic Low-Effect Habitat Conservation Plan for the Endangered Mount Hermon June Beetle and Ben Lomond Spineflower, Santa Cruz County and Scotts Valley, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit renewal application; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received requests from the County of Santa Cruz and City of Scotts Valley (applicants), for renewal of two incidental take permits under the Endangered Species Act of 1973, as amended. The applicants have requested a renewal that will extend permit authorization by 5 years from the date the permit is reissued. If renewed, no additional take above the original authorized limit of 139 acres of habitat will be authorized. The permits would authorize take of the federally endangered Mount Hermon June beetle, incidental to otherwise lawful activities associated with the Interim Programmatic Habitat Conservation Plan for the Endangered Mount Hermon June beetle and Ben Lomond spineflower. DATES: Written comments should be received on or before May 24, 2018. ADDRESSES: You may obtain copies of the permit renewal applications and the habitat conservation plan (HCP) on the internet at http://www.fws.gov/ventura/, or by writing to the Ventura Fish and Wildlife Office, Attn: Permit numbers TE43708A-0 and TE44928A-0, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. In addition, we will make the permit renewal applications and HCP available for public inspection by appointment during normal business hours at the above address. Please address written comments to Stephen P. Henry, Field Supervisor, at the address above. Comments may also be sent by facsimile to (805) 644-3958. FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife Biologist, by mail to the address in ADDRESSES or by phone at (805) 677-3328. SUPPLEMENTARY INFORMATION: We have received requests from the County of Santa Cruz and City of Scotts Valley (applicants) for renewal of incidental take permits TE43708A-0 and TE44928A-0 under the Endangered Species Act of 1973, as amended (Act). The applicants have requested renewals that would extend permit authorization by 5 years from the date the permit is reissued. The applicants have agreed to follow all of the existing habitat conservation plan conditions. If renewed, no additional take above the original authorized limit of 139 acres of habitat will be authorized. The permits would authorize take of the federally endangered Mount Hermon June beetle (Polyphylla barbata), incidental to otherwise lawful activities associated with the Interim Programmatic Habitat Conservation Plan for the Endangered Mount Hermon June Beetle and Ben Lomond Spineflower (HCP). Background The Mount Hermon June beetle was listed by the Service as endangered on January 24, 1997. The Ben Lomond spineflower (Chorizanther pungens var. hartwegiana) was listed by the Service as endangered on February 4, 1994. Section 9 of the Act (16 U.S.C. 1531 et seq.) 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 wildlife 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. The Code of Federal Regulations provides regulations governing incidental take permits for threatened and endangered species at 50 CFR 17.32 and 17.22, respectively. Under the Act, protections for federally listed plants differ from the protections afforded to federally listed animals. Take of listed plant species is not prohibited under the Act and cannot be authorized under a section 10 permit. Listed plant species may be included on an incidental take permit in recognition of the conservation benefit provided to them under an HCP. Issuance of an incidental take permit also must not jeopardize the existence of federally listed fish, wildlife, or plant species. All species included in the incidental take permit would receive assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). The applicants have applied for renewal of their respective permits for incidental take of the endangered Mount Hermon June beetle. The potential taking would occur by activities associated with the construction of certain eligible small development projects in densely developed residential neighborhoods (as defined in the HCP) that support suitable habitat for the covered species. The 10 Project Units within the HCP boundary were identified within the communities of Ben Lomond, Felton, Mount Hermon, and Scotts Valley in Santa Cruz County, California. Incidental take permits were first issued for the HCP on October 27, 2011. Public Comments If you wish to comment on the permit applications, plans, 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 [[Page 17838]] 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 Act (16 U.S.C. 1531 et seq.). Dated: April 18, 2018. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2018-08499 Filed 4-23-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17837
B. Solicitation of Public Comment original authorized limit of 139 acres of prohibit the ‘‘take’’ of fish or wildlife
This notice is soliciting comments habitat will be authorized. The permits species listed as endangered or
from members of the public and affected would authorize take of the federally threatened. ‘‘Take’’ is defined under the
parties concerning the collection of endangered Mount Hermon June beetle, Act to include the following activities:
information described in Section A on incidental to otherwise lawful activities ‘‘[T]o harass, harm, pursue, hunt, shoot,
the following: associated with the Interim wound, kill, trap, capture, or collect, or
(1) Whether the proposed collection Programmatic Habitat Conservation Plan to attempt to engage in any such
of information is necessary for the for the Endangered Mount Hermon June conduct’’ (16 U.S.C. 1532); however,
proper performance of the functions of beetle and Ben Lomond spineflower. under section 10(a)(1)(B) of the Act, we
the agency, including whether the DATES: Written comments should be may issue permits to authorize
information will have practical utility; received on or before May 24, 2018. incidental take of listed wildlife species.
(2) The accuracy of the agency’s ADDRESSES: You may obtain copies of ‘‘Incidental Take’’ is defined by the Act
estimate of the burden of the proposed the permit renewal applications and the as take that is incidental to, and not the
collection of information; habitat conservation plan (HCP) on the purpose of, carrying out of an otherwise
(3) Ways to enhance the quality, internet at http://www.fws.gov/ventura/, lawful activity. The Code of Federal
utility, and clarity of the information to or by writing to the Ventura Fish and Regulations provides regulations
be collected; and Wildlife Office, Attn: Permit numbers governing incidental take permits for
(4) Ways to minimize the burden of TE43708A–0 and TE44928A–0, U.S. threatened and endangered species at 50
the collection of information on those Fish and Wildlife Service, 2493 Portola CFR 17.32 and 17.22, respectively.
who are to respond; including through Road, Suite B, Ventura, CA 93003. In Under the Act, protections for federally
the use of appropriate automated addition, we will make the permit listed plants differ from the protections
collection techniques or other forms of renewal applications and HCP available afforded to federally listed animals.
information technology, e.g., permitting for public inspection by appointment Take of listed plant species is not
electronic submission of responses. during normal business hours at the prohibited under the Act and cannot be
HUD encourages interested parties to above address. Please address written authorized under a section 10 permit.
submit comment in response to these comments to Stephen P. Henry, Field Listed plant species may be included on
questions. Supervisor, at the address above. an incidental take permit in recognition
Comments may also be sent by facsimile of the conservation benefit provided to
Authority: Section 3507 of the Paperwork them under an HCP. Issuance of an
Reduction Act of 1995, 44 U.S.C. Chapter 35. to (805) 644–3958.
FOR FURTHER INFORMATION CONTACT:
incidental take permit also must not
Dated: April 6, 2018. jeopardize the existence of federally
Chad Mitcham, Fish and Wildlife
Dana T. Wade,
Biologist, by mail to the address in listed fish, wildlife, or plant species. All
General Deputy Assistant Secretary for ADDRESSES or by phone at (805) 677–
species included in the incidental take
Housing.
3328. permit would receive assurances under
[FR Doc. 2018–08578 Filed 4–23–18; 8:45 am] our ‘‘No Surprises’’ regulations (50 CFR
SUPPLEMENTARY INFORMATION: We have 17.22(b)(5) and 17.32(b)(5)).
BILLING CODE 4210–67–P
received requests from the County of The applicants have applied for
Santa Cruz and City of Scotts Valley renewal of their respective permits for
(applicants) for renewal of incidental incidental take of the endangered Mount
DEPARTMENT OF THE INTERIOR
take permits TE43708A–0 and Hermon June beetle. The potential
Fish and Wildlife Service TE44928A–0 under the Endangered taking would occur by activities
Species Act of 1973, as amended (Act). associated with the construction of
[FWS–R8–ES–2016–N236; The applicants have requested renewals certain eligible small development
FXES11130800000–189–FF08EVEN00] that would extend permit authorization projects in densely developed
by 5 years from the date the permit is residential neighborhoods (as defined in
Receipt of Application for Renewal of
reissued. The applicants have agreed to the HCP) that support suitable habitat
Incidental Take Permits; Interim
follow all of the existing habitat for the covered species. The 10 Project
Programmatic Low-Effect Habitat
conservation plan conditions. If Units within the HCP boundary were
Conservation Plan for the Endangered
renewed, no additional take above the identified within the communities of
Mount Hermon June Beetle and Ben
original authorized limit of 139 acres of Ben Lomond, Felton, Mount Hermon,
Lomond Spineflower, Santa Cruz
habitat will be authorized. The permits and Scotts Valley in Santa Cruz County,
County and Scotts Valley, CA
would authorize take of the federally California. Incidental take permits were
AGENCY: Fish and Wildlife Service, endangered Mount Hermon June beetle first issued for the HCP on October 27,
Interior. (Polyphylla barbata), incidental to 2011.
ACTION: Notice of receipt of permit otherwise lawful activities associated
with the Interim Programmatic Habitat Public Comments
renewal application; request for
comments. Conservation Plan for the Endangered If you wish to comment on the permit
Mount Hermon June Beetle and Ben applications, plans, and associated
SUMMARY: We, the U.S. Fish and Lomond Spineflower (HCP). documents, you may submit comments
Wildlife Service (Service), have received by any one of the methods in
requests from the County of Santa Cruz Background
ADDRESSES.
and City of Scotts Valley (applicants), The Mount Hermon June beetle was
daltland on DSKBBV9HB2PROD with NOTICES
for renewal of two incidental take listed by the Service as endangered on Public Availability of Comments
permits under the Endangered Species January 24, 1997. The Ben Lomond Before including your address, phone
Act of 1973, as amended. The applicants spineflower (Chorizanther pungens var. number, email address, or other
have requested a renewal that will hartwegiana) was listed by the Service personal identifying information in your
extend permit authorization by 5 years as endangered on February 4, 1994. comment, you should be aware that
from the date the permit is reissued. If Section 9 of the Act (16 U.S.C. 1531 et your entire comment, including your
renewed, no additional take above the seq.) and its implementing regulations personal identifying information, may
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![17838 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
be made publicly available at any time. Office, Attn: Permit number TE74732C– proposes to mitigate for the take of the
While you can ask us in your comment 0, U.S. Fish and Wildlife Service, 7915 species by purchasing 10.6 mitigation
to withhold your personal identifying Baymeadows Way, Suite 200, credits within a Service-approved sand
information from public view, we Jacksonville, FL 32256. skink conservation bank.
cannot guarantee that we will be able to In-person: You may deliver comments
do so. during regular business hours at the Our Preliminary Determination
Authority office address listed above under U.S. A low-effect HCP is one involving (1)
mail. You may inspect the application,
We provide this notice under section minor or negligible effects on federally
HCP, environmental action statement, or
10 of the Act (16 U.S.C. 1531 et seq.). listed or candidate species and their
low-effect screening form by
habitats, and (2) minor or negligible
Dated: April 18, 2018. appointment during normal business
hours at the same address. effects on other environmental values or
Stephen P. Henry,
resources. We have determined that the
Field Supervisor, Ventura Fish and Wildlife FOR FURTHER INFORMATION CONTACT: Erin
Office, Ventura, California.
applicant’s proposed HCP, including the
M. Gawera, telephone: (904) 731–3121;
proposed mitigation and minimization
[FR Doc. 2018–08499 Filed 4–23–18; 8:45 am] email: erin_gawera@fws.gov.
measures, would have minor or
BILLING CODE 4333–15–P SUPPLEMENTARY INFORMATION:
negligible effects on the covered species
Background and the environment so as to be ‘‘low
DEPARTMENT OF THE INTERIOR Section 9 of the Endangered Species effect’’ and qualify for categorical
Act of 1973, as amended (ESA; 16 exclusion under the National
Fish and Wildlife Service Environmental Policy Act (NEPA; 42
U.S.C. et seq.) and our implementing
[FWS–R4–ES–2018–N029; regulations in the Code of Federal U.S.C. 4321 et seq.), as provided by
FXES11130400000EA–123–FF04EF1000] Regulations (CFR) at 50 CFR part 17 Department of the Interior
prohibit the ‘‘take’’ of fish and wildlife implementing regulations in part 46 of
Endangered and Threatened Wildlife species listed as endangered or title 43 of the Code of Federal
and Plants; Availability of Proposed threatened. Take of listed fish or Regulations (43 CFR 46.205, 46.210, and
Low-Effect Habitat Conservation Plan wildlife is defined under the ESA as ‘‘to 46.215).
for the Sand Skink, Orange County, FL harass, harm, pursue, hunt, shoot,
Next Steps
AGENCY: Fish and Wildlife Service, wound, kill, trap, capture, or collect, or
Interior. to attempt to engage in any such We will evaluate the HCP and
ACTION: Notice of availability; request conduct’’ (16 U.S.C. 1532(19)). comments we receive to determine
for comments. However, under limited circumstances, whether the ITP application meets the
we issue permits to authorize incidental requirements of section 10(a) of the
SUMMARY: We, the U.S. Fish and take, i.e., take that is incidental to, and ESA. We will also conduct an intra-
Wildlife Service (Service), have received not the purpose of, the carrying out of Service consultation to evaluate take of
an application for an incidental take an otherwise lawful activity. the sand skink in accordance with
permit (ITP) under the Endangered Regulations governing incidental take
Species Act of 1973, as amended. section 7 of the ESA. We will use the
permits for endangered and threatened
Orange County Public Schools results of the consultation, in
species are at 50 CFR 17.22 and 17.32,
(applicant) is requesting a 3-year ITP for respectively. The ESA’s take combination with the above findings, in
take of the federally listed sand skink. prohibitions do not apply to federally our analysis of whether or not to issue
We request public comment on the listed plants on private lands unless the ITP. If the requirements are met, we
permit application, which includes a such take would violate State law. In will issue ITP number TE74732C–0 to
proposed habitat conservation plan, and addition to meeting other criteria, the the applicant.
on our preliminary determination that take authorized by an incidental take Public Comments
the plan qualifies as low effect under permit must not jeopardize the
the National Environmental Policy Act. existence of federally listed fish, If you wish to comment on the permit
To make this determination, we used wildlife, or plants. application, HCP, or associated
our environmental action statement and documents, you may submit comments
low-effect screening form, which are Applicant’s Proposal
by any one of the methods listed in
also available for review. Orange County Public Schools is ADDRESSES.
DATES: To ensure consideration, please requesting an incidental take permit
send your written comments by May 24, (ITP) to take sand skink (Neoseps Public Availability of Comments
2018. reynoldsi) through the permanent
destruction of approximately 5.3 acres Before including your address, phone
ADDRESSES: You may submit written number, email address, or other
comments and request copies of the (ac) of occupied foraging and sheltering
habitat. The take would be incidental to personal identifying information in your
application, including the HCP, as well comment, you should be aware that
as our environmental action statement the construction of a school and
associated facilities in Orange County, your entire comment—including your
or low-effect screening form, by any one
Florida. The 26.0-ac habitat personal identifying information—may
of the following methods:
Email: northflorida@fws.gov. Use conservation plan (HCP) project site is be made publicly available at any time.
daltland on DSKBBV9HB2PROD with NOTICES
‘‘Attn: Permit number TE74732C–0’’ as located on Orange County Parcel No. While you can ask us in your comment
your subject line. 27232500000004, within Section 25, to withhold your personal identifying
Fax: Field Supervisor, (904) 731– Township 23 South, Range 27 East. The information from public review, we
3191, ‘‘Attn: Permit number TE74732C– project activities also include clearing, cannot guarantee that we will be able to
0.’’ infrastructure building, and landscaping do so.
U.S. mail: Field Supervisor, associated with constructing a school
Jacksonville Ecological Services Field and associated facilities. The applicant
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Document Created: 2018-04-24 00:39:22
Document Modified: 2018-04-24 00:39:22
| 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 receipt of permit renewal application; request for comments. | |
| Dates | Written comments should be received on or before May 24, 2018. | |
| Contact | Chad Mitcham, Fish and Wildlife | |
| FR Citation | 83 FR 17837 |
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