Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 17207 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2009–N0077; 81440–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permits, Santa Cruz 

County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of application 

for Incidental Take Permit (ITP); 

availability of proposed low-effect 

habitat conservation plan; request for 

comment. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce the 

availability of an Incidental Take Permit 

(ITP) application and proposed Habitat 

Conservation Plan (HCP) under the 

Endangered Species Act of 1973, as 

amended (Act). We have received these, 

along with other pertinent documents 

available for review, from the Salvation 

Army (applicant). The applicant 

anticipates removing an approximate 

total of 0.084 acre of Mount Hermon 

June beetle (Polyphylla barbata)— 

occupied habitat, which includes 0.011 

acre occupied by the Ben Lomond 

spineflower (Chorizanthe pungens var. 

hartwegiana). Both of these species are 

listed as endangered under the Act. We 

request comments on the ITP 

application and on our preliminary 

determination that the proposed HCP 

qualifies as a ‘‘low-effect’’ HCP, eligible 

for a categorical exclusion under the 

National Environmental Policy Act of 

1969 (NEPA), as amended. 

DATES: We must receive any written 

comments on or before May 14, 2009. 

ADDRESSES: Please address written 

comments to Diane Noda, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. You may alternatively send 

comments by facsimile to (805) 644– 

3958. To obtain copies of draft 

documents, see ‘‘Availability of 

Documents’’ under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Jen 

Lechuga, HCP Coordinator (see 

ADDRESSES), telephone: (805) 644–1766 

extension 224. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may obtain copies of the ITP 

application and HCP by contacting the 

HCP Coordinator (see FOR FURTHER

INFORMATION CONTACT). Documents will 

also be available for review by 

appointment, during normal business 

hours, at the Ventura Fish and Wildlife 

Office (see ADDRESSES), or via the 

Internet at: http://www.fws.gov/ventura. 

Background 

Section 9 of the Act (16 U.S.C. 1531 

et seq.) and Federal regulations prohibit 

the ‘‘take’’ of fish or wildlife species 

listed as endangered or threatened. Take 

of listed fish or wildlife is defined under 

the Act as ‘‘to 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 limited circumstances, 

we may issue permits to cover 

incidental take—i.e., take that is 

incidental to, and not the purpose of, 

the carrying out of an otherwise lawful 

activity. Regulations governing 

incidental take permits for threatened 

and endangered species are found at 50 

CFR 17.32 and 17.22, respectively. The 

Act’s take prohibitions do not apply to 

federally listed plants on private lands, 

unless such take would violate State 

law. In addition to meeting other 

criteria, actions to be performed under 

ITPs must not jeopardize the existence 

of federally listed fish, wildlife, or 

plants. 

Proposed Project 

We received an application from the 

Salvation Army for an incidental take 

permit (ITP), along with a proposed 

habitat conservation plan (HCP). The 

applicant requests a 3-year ITP under 

section 10(a)(1)(B) of the Act. If we 

approve the ITP, the applicant 

anticipates taking approximately 0.084 

acre of Mount Hermon June beetleoccupied habitat, which includes 0.011 

acre occupied by the Ben Lomond 

spineflower (Chorizanthe pungens var. 

hartwegiana), incidental to the 

construction of a suite of infrastructure 

improvements at Camp Redwood Glen, 

in Santa Cruz County, California 

(project). The planned infrastructure 

improvements include small building 

additions, retaining walls, parking areas, 

patios, and paths, all of which are being 

developed primarily to increase the 

accessibility of the camp facilities for 

disabled persons. The project would 

occur within parcel 094–011–20 near 

the City of Scotts Valley, in Santa Cruz 

County, California. The project area 

encompasses approximately 4.5 acres 

within the 207-acre parcel, and the 

footprints of the infrastructure 

improvements would permanently 

eliminate 0.084 acre of Mount Hermon 

June beetle habitat, while temporarily 

impacting an additional 0.017 acre of 

Mount Hermon June beetle habitat. 

Approximately 0.012 acre of Ben 

Lomond spineflower plants that cooccur within the Mount Hermon June 

beetle habitat would also be disturbed; 

0.011 acre would be permanently 

removed, while less than 0.001 acre 

would be temporarily impacted. 

The Salvation Army’s proposed HCP 

describes the following mitigation and 

minimization measures to address the 

effects of the project on the Mount 

Hermon June beetle and Ben Lomond 

spineflower. To mitigate for incidental 

take of the Mount Hermon June beetle 

and impacts to the Ben Lomond 

spineflower at the project site, the 

applicant will purchase 0.101 acre of 

conservation credits at the recently 

approved Ben Lomond Sandhills 

Preserve of the Zayante Sandhills 

Conservation Bank, operated by PCO, 

LLC. In addition, the applicant will 

implement a number of minimization 

measures intended to reduce impacts 

from the proposed project on the Mount 

Hermon June beetle and Ben Lomond 

spineflower. A summary of the 

minimization measures proposed by the 

applicant follows: (1) If ground 

disturbing activities are conducted 

during the Mount Hermon June beetle 

flight season, black plastic will be used 

to cover exposed soil to prevent 

burrowing of dispersing male Mount 

Hermon June beetles; (2) larvae and 

adult Mount Hermon June beetles 

identified during project activities will 

be captured and relocated; (3) night 

lighting will be minimized to prevent 

disruption of dispersing Mount Hermon 

June beetles; (4) the use of landscaping 

elements that deter use by Mount 

Hermon June beetles will be minimized; 

(5) Ben Lomond spineflower seeds will 

be collected from areas that would be 

disturbed and distributed in appropriate 

habitat; and (6) non-native plants will 

be removed from the Ben Lomond 

spineflower population that would be 

disturbed. 

The project is located on soils known 

as ‘‘Zayante sands.’’ These soils support 

the Zayante sandhills ecosystem, which 

occurs exclusively in the Santa Cruz 

Mountains near the city of Scotts Valley 

and the communities of Ben Lomond, 

Mount Hermon, Felton, Olympia, 

Corralitos, and Bonny Doon. The Mount 

Hermon June beetle is restricted to 

Zayante sands soils in the Scotts ValleyMount Hermon-Felton-Ben Lomond 

area, and is found in association with 

Zayante sandhills vegetation, which is 

characterized by a mosaic of ponderosa 

pines (Pinus ponderosa) and silverleaf 

manzanita (Arctostaphylos silvicola), 

and areas that are sparsely vegetated 

with grasses and herbs. 

17208 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 

National Environmental Policy Act 

We are requesting comments on the 

permit application and on our 

preliminary determination that the 

proposed HCP qualifies as a ‘‘low 

effect’’ HCP, eligible for a categorical 

exclusion under the National 

Environmental Policy Act (NEPA) of 

1969, as amended (42 U.S.C. 4321 et 

seq.). We explain the basis for this 

possible determination in our draft 

Environmental Action Statement (EAS) 

and associated Low Effect Screening 

Form. The draft HCP, Low Effect 

Screening Form, and EAS are available 

for public review. 

We have made a preliminary 

determination that the HCP qualifies as 

a ‘‘low-effect’’ plan as defined by our 

Habitat Conservation Planning 

Handbook (November 1996). Our 

determination that a HCP qualifies as a 

low-effect plan is based on the following 

criteria: (1) Implementation of the HCP 

would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the 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 significant 

cumulative effects to the environmental 

values or resources that would be 

considered significant. As more fully 

explained in our EAS and associated 

Low Effect Screening Form, the 

applicant’s proposal for the construction 

of infrastructure improvements qualifies 

as a ‘‘low effect’’ plan for the following 

reasons: 

(1) Approval of the HCP would result 

in minor or negligible effects on the 

Mount Hermon June beetle and Ben 

Lomond spineflower and their habitat. 

We do not anticipate significant direct 

or cumulative effects to the Mount 

Hermon June beetle or Ben Lomond 

spineflower resulting from the proposed 

project. 

(2) Approval of the HCP would not 

have adverse effects on unique 

geographic, historic, or cultural sites, or 

involve unique or unknown 

environmental risks. 

(3) Approval of the HCP would not 

result in any growth-inducing impacts 

and would not result in significant 

cumulative impacts or adverse effects 

on public health or safety. 

(4) The project does not require 

compliance with Executive Order 11988 

(Floodplain Management), Executive 

Order 11990 (Protection of Wetlands), or 

the Fish and Wildlife Coordination Act, 

nor does it threaten to violate a Federal, 

State, local, or tribal law or requirement 

imposed for the protection of the 

environment. 

(5) Approval of the HCP would not 

establish a precedent for future actions 

or represent a decision in principle 

about future actions with potentially 

significant environmental effects. 

We, therefore, have made a 

preliminary determination that approval 

of the HCP qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior Manual 

(516 DM 2, Appendix 1 and 516 DM 6, 

Appendix 1). Based upon this 

preliminary determination, we do not 

intend to prepare further NEPA 

documentation. We will consider public 

comments in making our final 

determination on whether to prepare 

such additional documentation. 

Public Review and Comment 

If you wish to comment on the Low 

Effect Screening Form, draft EAS, or the 

proposed HCP, you may submit your 

comments to the address listed in the 

ADDRESSES section of this document. 

We will evaluate the permit 

application, HCP, and comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10(a) of the Act. If we 

determine that the application meets 

those requirements, we will issue the 

ITP for the incidental take of the Mount 

Hermon June beetle. We will also 

evaluate whether issuance of the section 

10(a)(1)(B) ITP complies with section 7 

of the Act by conducting an intraService section 7 consultation. We will 

use the results of this consultation, in 

combination with the above findings, in 

the final analysis to determine whether 

or not to issue the ITP. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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 review, we 

cannot guarantee that we will be able to 

do so. 

Authority: We provide this notice pursuant 

to section 10(c) of the Act and pursuant to 

implementing regulations for NEPA (40 CFR 

1506.6). 

Dated: April 8, 2009. 

Diane K. Noda, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. E9–8474 Filed 4–13–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Nottawaseppi Huron Band of the 

Potawatomi Indian Liquor Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Secretary’s certification of the 

Nottawaseppi Huron Band of the 

Potawatomi Indian Liquor Ordinance. 

The Ordinance regulates and controls 

the possession, sale, and consumption 

of liquor within the tribal lands. The 

tribal lands are located in Indian 

Country and this Ordinance allows for 

possession and sale of alcoholic 

beverages within their boundaries. This 

Ordinance will increase the ability of 

the tribal government to control the 

tribe’s liquor distribution and 

possession, and at the same time will 

provide an important source of revenue 

for the continued operation and 

strengthening of the tribal government 

and the delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective April 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, One 

Federal Drive, Room 550, Ft. Snelling, 

MN 55111, Telephone (612) 725–4554; 

or Elizabeth Colliflower, Office of Tribal 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240; 

Telephone (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Tribal Council of the Nottawaseppi 

Huron Band of the Potawatomi Indians 

initially adopted this Liquor Ordinance 

on February 14, 2008, and adopted a 

revised version on November 20, 2008. 

The purpose of this Ordinance is to 

govern the sale, possession and 

distribution of alcohol within the 

Nottawaseppi Huron Band of the 

Potawatomi Indian’s tribal land.