Notice2021-17975
Habitat Conservation Plan for the Mount Hermon June Beetle; Categorical Exclusion for the Encore Development Project; Santa Cruz County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47142-47143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17975]
-----------------------------------------------------------------------
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 <a href="http://www.fws.gov/ventura/">http://www.fws.gov/ventura/</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 23, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.