[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71598-71599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22807]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0202; FXES11130800000-178-FF08EVEN00]


Application for Renewal of Incidental Take Permit; Interim 
Programmatic Habitat Conservation Plan for the Mount Hermon June Beetle 
and Ben Lomond Spineflower, Santa Cruz County, 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), announce 
receipt of an application from the County of Santa Cruz (applicant) for 
renewal of an existing incidental take permit under the Endangered 
Species Act. The applicant has requested a renewal that will extend 
permit duration by 20 years from the date the permit is reissued. The 
permit would continue to authorize take of the federally endangered 
Mount Hermon June beetle that is incidental to otherwise lawful 
activities associated with the approved Interim Programmatic Habitat 
Conservation Plan for the Endangered Mount Hermon June Beetle and Ben 
Lomond Spineflower. We invite comment on the application and associated 
documents from agencies, Tribes, and the public.

DATES: Written comments should be received on or before November 16, 
2023.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R8-ES-2023-0202 at 
https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
    <bullet> Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0202.
    <bullet> U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R8-ES-2023-0202; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, by email at <a href="/cdn-cgi/l/email-protection#1b78737a7f4476726f78737a765b7d6c68357c746d"><span class="__cf_email__" data-cfemail="6a09020b0e3507031e09020b072a0c1d19440d051c">[email protected]</span></a>, or by telephone at 805-
644-

[[Page 71599]]

1766. Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of an application from the County of Santa 
Cruz (applicant) for renewal by 20 years of an existing incidental take 
permit under the Endangered Species Act of 1973, as amended (Act; 16 
U.S.C. et seq.). If approved for renewal, the permit would continue to 
authorize take of the federally endangered Mount Hermon June beetle 
(Polyphylla barbata) that is incidental to otherwise lawful activities 
associated with the approved Interim Programmatic Habitat Conservation 
Plan for the Endangered Mount Hermon June Beetle and Ben Lomond 
Spineflower (HCP). The applicant has agreed to update mitigation 
measure 5.2.2.2 in the HCP to ensure that impacts to the species' 
habitat are commensurately offset through the protection of habitat at 
a 3 to 1 ratio (i.e., habitat protected to habitat disturbed). The 
applicant also agreed to follow all other existing HCP conditions. If 
the permit is renewed, no additional take above the original authorized 
limit of 139 acres of habitat, using habitat as a surrogate for take, 
will be authorized. We invite comment on the application, HCP, and 
associated documents from the public and local, State, Tribe, and 
Federal agencies.

Background

    The Mount Hermon June beetle was listed by the Service as 
endangered on January 24, 1997 (62 FR 3616). The Ben Lomond spineflower 
(Chorizanthe pungens var. hartwegiana) was listed by the Service as 
endangered on February 4, 1994 (59 FR 5499). Section 9 of the Act 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. Regulations governing 
incidental take permits for threatened and endangered species are, 
respectively, in the Code of Federal Regulations (CFR) at 50 CFR 17.32 
and 17.22. 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. However, 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 applicant has applied for renewal of their permit 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 (76 FR 17664; March 30, 2011), and renewed on June 30, 
2018 (83 FR 17837; April 24, 2018).

Our Preliminary Determination Under the National Environmental Policy 
Act

    Based on a preliminary review, the Service anticipates the original 
National Environmental Policy Act (NEPA) review for the HCP permit in 
2011 remains valid and accurate. That analysis concluded that issuance 
of the permit is not a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of NEPA. Therefore, the Service anticipates the 
permit renewal is consistent with our original analysis pursuant to the 
Council on Environmental Quality's National Environmental Policy Act 
(NEPA) regulations, the Department of the Interior's (DOI) NEPA 
regulations (43 CFR 46), and the DOI's Departmental Manual (516 DM 
8.5(C)(2)).

Public Comments

    If you wish to comment on the permit application, HCP, 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 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

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2023-22807 Filed 10-16-23; 8:45 am]
BILLING CODE 4333-15-P


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