[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47142-47143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17975]


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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.

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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:
    <bullet> 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.
    <bullet> Electronic mail: <a href="/cdn-cgi/l/email-protection#c5a6ada4a19aa8acb1a6ada4a885a3b2b6eba2aab3"><span class="__cf_email__" data-cfemail="b2d1dad3d6eddfdbc6d1dad3dff2d4c5c19cd5ddc4">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, by phone at 805-644-1766, via email at <a href="/cdn-cgi/l/email-protection#94f7fcf5f0cbf9fde0f7fcf5f9d4f2e3e7baf3fbe2"><span class="__cf_email__" data-cfemail="45262d24211a282c31262d2428052332366b222a33">[email protected]</span></a>, 
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

[[Page 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


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