47142 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices 

based on the following criteria: (1) 

Implementation of the SHA would 

result in minor or negligible adverse 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the SHA would 

result in minor or negligible adverse 

effects on other environmental values or 

resources; and (3) impacts of the SHA, 

considered together with the impacts of 

other past, present, and reasonably 

foreseeable similarly situated projects, 

would not result, over time, in 

cumulative adverse effects to 

environmental values or resources 

which would be considered significant. 

To make this determination, we used 

our EAS and low-effect screening form, 

which are also available for public 

review. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, be aware that your entire 

comment—including your personal 

identifying information—may be made 

available to the public. While you may 

request that we withhold your personal 

identifying information, we cannot 

guarantee that we will be able to do so. 

Authority 

The Service provides this notice 

under section 10(c) (16 U.S.C. 1539(c)) 

of the ESA and NEPA regulation 40 CFR 

1506.6 and 43 CFR 46.305. 

Jay Herrington, 

Field Supervisor, Jacksonville Field Office. 

[FR Doc. 2021–17986 Filed 8–20–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2021–N029; 

FXES11140800000–212–FF08EVEN00] 

Habitat Conservation Plan for the 

Mount Hermon June Beetle; 

Categorical Exclusion for the Encore 

Development Project; Santa Cruz 

County, California 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a draft habitat 

conservation plan (HCP) and draft 

categorical exclusion (CatEx) for 

activities associated with an application 

for an incidental take permit (ITP) under 

the Endangered Species Act of 1973, as 

amended. The ITP would authorize take 

of the federally endangered Mount 

Hermon June beetle incidental to 

activities associated with the Encore 

Development Project. The applicant 

developed the draft HCP as part of their 

application for an ITP. The Service 

prepared a draft low-effect screening 

form and environmental action 

statement in accordance with the 

National Environmental Policy Act to 

evaluate the potential effects to the 

natural and human environment 

resulting from issuing an ITP to the 

applicant. We invite public comment on 

these documents. 

DATES: Written comments should be 

received on or before September 22, 

2021. 

ADDRESSES: 

To obtain documents: You may 

download a copy of the draft habitat 

conservation plan and categorical 

exclusion screening form, which 

includes the environmental action 

statement, at http://www.fws.gov/ 

ventura/, or you may request copies of 

the documents by U.S. mail (below) or 

by electronic mail (see FOR FURTHER

INFORMATION CONTACT). 

To submit written comments: Please 

send us your written comments using 

one of the following methods: 

• U.S. mail: Stephen P. Henry, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. 

• Electronic mail: chad_mitcham@

fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Chad Mitcham, Fish and Wildlife 

Biologist, by phone at 805–644–1766, 

via email at chad_mitcham@fws.gov, or 

by U.S. mail to the Ventura Fish and 

Wildlife office (see ADDRESSES). 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

announce the availability of a draft 

habitat conservation plan (HCP) and 

draft low-effect screening form and 

environmental action statement for 

activities associated with an application 

for an incidental take permit (ITP) under 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (ESA; 

16 U.S.C. 1531 et seq.). The applicant 

has developed a draft habitat 

conservation plan (HCP) that includes 

measures to minimize, avoid, and 

mitigate impacts to the federally 

endangered Mount Hermon June beetle 

(Polyphylla barbata). The permit would 

authorize take of the Mount Hermon 

June beetle incidental to otherwise 

lawful activities associated with the 

draft HCP for the Encore Development 

Project. The Service prepared a draft 

low-effect screening form and 

environmental action statement in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) to 

evaluate the potential effects to the 

natural and human environment 

resulting from issuing an ITP to the 

applicant. We invite public comment on 

these documents. 

Background 

The Service listed the Mount Hermon 

June beetle as endangered on January 

24, 1997 (62 FR 3616). Section 9 of the 

ESA (16 U.S.C. 1538) prohibits the 

‘‘take’’ of fish or wildlife species listed 

as endangered; by regulation, the 

Service may extend the take prohibition 

to fish or wildlife species listed as 

threatened. ‘‘Take’’ is defined under the 

ESA 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 ESA (16 

U.S.C. 1539(a)(1)(B)), we may issue 

permits to authorize incidental take of 

listed wildlife species. Incidental take is 

take that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity. Regulations governing 

incidental take permits for endangered 

wildlife are in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22. 

Issuance of an incidental take permit 

also must not jeopardize the existence of 

federally listed fish, wildlife, or plant 

species. 

Proposed Project Activities 

Chris Perri has applied for a permit 

for incidental take of the Mount Hermon 

June beetle. The take would occur in 

association with activities including the 

construction of 16 apartments and 

associated infrastructure within a 1.487- 

acre project area. The entire 1.487-acre 

project area consists of suitable habitat 

for the Mount Hermon June beetle. The 

HCP includes avoidance and 

minimization measures for the Mount 

Hermon June beetle and mitigation for 

unavoidable loss of suitable habitat 

through the purchase of conservation 

credits at a Service-approved 

conservation bank. 

Public Comments 

If you wish to comment on the draft 

HCP and categorical exclusion screening 

form, you may submit comments by one 

of the methods in ADDRESSES. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Notices 47143 

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 

We provide this notice under section 

10 of the ESA (16 U.S.C. 1531 et seq.) 

and NEPA regulations (40 CFR 1506.6). 

Stephen P. Henry, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. 2021–17975 Filed 8–20–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2021–N027; 

FXES11140800000–212] 

Endangered and Threatened Species; 

Receipt of an Enhancement of Survival 

Permit Application and Safe Harbor 

Agreement for Bluff Lake, San 

Bernardino County, California 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: The Wildlands Conservancy 

(applicant) has submitted a safe harbor 

agreement (SHA) and applied to the 

U.S. Fish and Wildlife Service (Service) 

for an enhancement of survival permit 

pursuant to the Endangered Species Act. 

The Service is considering issuance to 

the applicant of a 30-year permit that 

would authorize take of the federally 

endangered mountain yellow-legged 

frog and unarmored threespine 

stickleback (a fish species). We have 

prepared a draft environmental action 

statement (EAS) for our preliminary 

determination that the SHA and permit 

decision may be eligible for categorical 

exclusion under the National 

Environmental Policy Act. We invite 

comments from the public on the 

aforementioned documents. 

DATES: Written comments should be 

received on or before September 22, 

2021. 

ADDRESSES: You may view or download 

copies of the draft SHA and draft EAS 

and obtain additional information on 

the internet at https://www.fws.gov/ 

carlsbad/, or obtain hard copies by 

calling the phone number listed below. 

You may submit comments or requests 

for more information by any of the 

following methods: 

• Email: fw8cfwocomments@fws.gov. 

Include ‘‘Bluff Lake SHA’’ in the subject 

line of the message. 

• U.S. Mail: Field Supervisor, U.S. 

Fish and Wildlife Service, Carlsbad Fish 

and Wildlife Office, 2177 Salk Avenue, 

Suite 250, Carlsbad, CA 92008. 

FOR FURTHER INFORMATION CONTACT: 

Jesse Bennett, by telephone at 760–431– 

9440 or by electronic mail at Jesse_

Bennett@fws.gov. If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: The 

Wildlands Conservancy (applicant) has 

applied to the U.S. Fish and Wildlife 

Service (Service) for an enhancement of 

survival permit pursuant to section 

10(a)(1)(A) of the Endangered Species 

Act of 1973, as amended (ESA; 16 

U.S.C. 1531 et seq.). The Service is 

considering issuance to the applicant of 

a 30-year permit that would authorize 

take of the federally endangered 

mountain yellow-legged frog (Rana 

muscosa) and unarmored threespine 

stickleback (a fish species; Gasterosteus 

aculeatus williamsoni) through a safe 

harbor agreement (SHA). The purpose of 

this SHA is for the applicant to manage 

habitat for the species at Bluff Lake in 

San Bernardino County, California. The 

applicant seeks to provide for the longterm recovery of the species in the wild 

through the maintenance and/or 

enhancement of suitable habitat that can 

accommodate reestablishment of the site 

from captive populations or other extant 

locations that may be present within the 

historic range of the species. We have 

prepared a draft environmental action 

statement (EAS) for our preliminary 

determination that the SHA and permit 

decision may be eligible for categorical 

exclusion under the National 

Environmental Policy Act (NEPA; 42 

U.S.C. 4321 et seq.). 

We invite comments from the public 

on the permit application, draft SHA, 

and draft EAS, which are available for 

review. The SHA describes the 

proposed project and the measures that 

the applicant would undertake to avoid 

and minimize take of the covered 

species. 

Background 

SHAs are intended to encourage 

private or other non-Federal property 

owners to implement beneficial 

conservation actions for species listed 

under the ESA. SHA permit holders are 

assured that they will not be subject to 

increased property use restrictions as a 

result of their proactive actions to 

benefit listed species. Incidental take of 

listed species is authorized under a 

permit pursuant to the provisions of 

section 10(a)(1)(A) of the ESA. For an 

applicant to receive a permit through an 

SHA, the applicant must submit an 

application form that includes the 

following: 

1. The common and scientific names 

of the listed species for which the 

applicant requests incidental take 

authorization; 

2. A description of how incidental 

take of the listed species pursuant to the 

SHA is likely to occur, both as a result 

of management activities and as a result 

of the return to baseline; and 

3. A description of how the SHA 

complies with the requirements of the 

Service’s Safe Harbor Policy (64 FR 

32717, June 17, 1999). 

For the Service to issue a permit, we 

must determine that: 

1. The take of listed species will be 

incidental to an otherwise lawful 

activity and will be in accordance with 

the terms of the SHA; 

2. The implementation of the terms of 

the SHA is reasonably expected to 

provide a net conservation benefit to the 

covered species by contributing to its 

recovery, and the SHA otherwise 

complies with the Service’s Safe Harbor 

Policy; 

3. The probable direct and indirect 

effects of any authorized take will not 

appreciably reduce the likelihood of 

survival and recovery in the wild of any 

listed species; 

4. Implementation of the terms of the 

SHA is consistent with applicable 

Federal, State, and Tribal laws and 

regulations; 

5. Implementation of the terms of the 

SHA will not be in conflict with any 

ongoing conservation or recovery 

programs for listed species covered by 

the permit; and 

6. The applicant has shown capability 

for and commitment to implementing 

all of the terms of the SHA. 

The Service’s Safe Harbor Policy and 

Safe Harbor Regulations (68 FR 53320; 

69 FR 24084) provide important terms 

and concepts for developing SHAs. The 

policy and regulations are available at 

http://www.fws.gov/endangered/lawspolicies/regulations-and-policies.html. 

Proposed Action 

The applicant’s permit application 

includes a draft SHA, which covers 60 

acres owned by the applicant in San 

Bernardino County, California. The 

proposed term of the permit and the 

SHA is 30 years. The permit would 

authorize incidental take of the two 

species that may occur while pursuing 


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