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)

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.

[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]


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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.

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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