[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32662-32664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13394]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2012-N117; FXES11120800000F2-123-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; Riverside County, CA

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), have 
received an application from Smoke Tree, Inc. (applicant), for a 75-
year incidental take permit (permit); the application

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includes the applicant's proposed habitat conservation plan (HCP) as 
required by the Endangered Species Act of 1973, as amended (Act). If 
approved, the permit would authorize incidental take of the endangered 
Casey's June beetle (Dinacoma caseyi) in the course of routine 
activities associated with the occupation, use, and maintenance of 
Smoke Tree Ranch, a residential and guest ranch community established 
in its present configuration in 1925. We invite public comment on the 
permit application and proposed HCP, and on our preliminary 
determination that the HCP qualifies as ``low-effect'' for a 
categorical exclusion under the National Environmental Policy Act. To 
make this determination, we used our environmental action statement and 
low-effect screening form, which are also available for review.

DATES: To ensure consideration, please send your written comments by 
July 2, 2012.

ADDRESSES: Obtaining Documents: You may request a copy of the 
incidental take permit application, proposed HCP, and associated 
documents by email, telephone, fax, or U.S. mail (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Please send your 
requests or comments by any one of the following methods, and specify 
``Smoke Tree Ranch HCP'' in your request or comment.
    Submitting Comments: You may submit comments or requests for more 
information by any of the following methods:
    Email: [email protected]. Include ``Smoke Tree Ranch HCP'' in the 
subject line of your message.
    Telephone: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 
760-322-2070.
    Fax: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 760-
322-4648, Attn.: Smoke Tree Ranch HCP.
    U.S. Mail: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 
Attn.: Smoke Tree Ranch HCP, U.S. Fish and Wildlife Service, 777 East 
Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262.
    In-Person Viewing or Pickup of Documents, or Delivery of Comments: 
Call 760-322-2070 to make an appointment during regular business hours 
at the above address.

FOR FURTHER INFORMATION CONTACT: Kennon A. Corey, Assistant Field 
Supervisor, Palm Springs Fish and Wildlife Office; telephone 760-332-
2070. If you use a telecommunications device for the deaf (TDD), please 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    The applicant, Smoke Tree, Inc., requests an incidental take permit 
under section 10(a)(1)(B) of the Act. If we approve the permit, the 
applicant anticipates taking Casey's June beetle as a result of minor 
disturbances to habitat the species uses for breeding, feeding, and 
sheltering. Take of Casey's June beetle would be incidental to the 
applicant's continuation of routine activities associated with 
occupation, use, and maintenance of existing residential and guest 
facilities at Smoke Tree Ranch, in the City of Palm Springs, Riverside 
County, California. We published a final rule to list Casey's June 
beetle as endangered and designate critical habitat for it on September 
22, 2011 (76 FR 58954). The rule became effective October 24, 2011.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing 
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 
part 17 prohibit the ``take'' of wildlife species listed as endangered 
or threatened. Take of listed wildlife is defined under the Act as ``to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or to attempt to engage in any such conduct'' 
(16 U.S.C. 1538). ``Harm'' includes significant habitat modification or 
degradation that actually kills or injures listed wildlife by 
significantly impairing essential behavioral patterns such as breeding, 
feeding, or sheltering (50 CFR 17.3). Under limited circumstances, we 
may issue permits to authorize incidental take of listed wildlife 
species, which the Act defines as take that is incidental to, and not 
the purpose of, the carrying out of otherwise lawful activities.
    Regulations governing incidental take permits for threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. In 
addition to meeting other criteria, activities covered by an incidental 
take permit must not jeopardize the continued existence in the wild of 
federally listed wildlife or plants.

Applicant's Proposal

    The applicant requests a 75-year permit under section 10(a)(1)(B) 
of the Act. If we approve the permit, the applicant anticipates taking 
Casey's June beetles (Dinacoma caseyi) as a result of minor 
disturbances to approximately 260 acres (ac) (105 hectares (ha)) of 
habitat the species uses for breeding, feeding, and sheltering. The 
take would be incidental to the applicant's continuation of routine 
activities associated with the occupation, use, and maintenance of 
existing residential and guest facilities at Smoke Tree Ranch in the 
City of Palm Springs, Riverside County, California. No new development 
resulting in the destruction of open space habitat would occur, nor 
would there be any new activities other than those that have occurred 
over the 87 years that Smoke Tree Ranch has been in existence.
    Smoke Tree Ranch was originally developed in 1925 as a desert 
retreat for visitors and permanent residents. The entire 400-ac (162-
ha) Smoke Tree, Inc., property encompasses a residential community of 
93 single-family homes, a 20-ac (8-ha) guest ranch of cottages with 
recreation amenities, and peripheral commercial development of shopping 
centers and horse stables. The property also includes undeveloped open 
space that extends into Palm Canyon Wash and to the base of the Santa 
Rosa Mountains. The location of Smoke Tree Ranch is within habitat 
occupied by Casey's June beetle, a species adapted to desert vegetation 
and soil types found in Palm Canyon Wash and adjacent areas, including 
Smoke Tree Ranch, in the City of Palm Springs.
    To minimize take of Casey's June beetle on Smoke Tree Ranch, the 
applicant proposes to mitigate for minor disturbance to approximately 
260 ac (105 ha) of Casey's June beetle habitat by continuing to 
preserve approximately 103 ac (42 ha) of natural, open space habitat 
occupied by Casey's June beetle and preserved under existing 
conservation easements. In addition, the applicant proposes to conserve 
under new deed restrictions approximately 11.5 ac (4.6 ha) of natural, 
open space habitat occupied by Casey's June beetle; this habitat is the 
last remaining undeveloped open space available on Smoke Tree Ranch. 
The applicant's proposed HCP also contains the following proposed 
measures to minimize the effects of routine activities to Casey's June 
beetle on approximately 260 ac (105 ha) of areas already developed for 
residential and guest ranch use on Smoke Tree Ranch, which the 
applicant enforces through covenants, conditions, and restrictions and 
through written directives to residents each year:
     Prohibition of electronic ``bug zappers.''
     Limitations on outdoor and swimming pool lighting.
     Use of pool covers on new swimming pools during the

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reproductive flight season of Casey's June beetle (March through June).
     Prohibition of pesticide, herbicide, and fertilizer use in 
the conservation areas.
     Prohibition of ground irrigation in open desert areas, 
including the conservation areas.

Proposed Habitat Conservation Plan Alternatives

    In the proposed HCP, the applicant considers alternatives to the 
taking of Casey's June beetle under the proposed action. Our proposed 
action is to issue an incidental take permit to the applicant, who 
would implement the HCP. If we approve the permit, take of Casey's June 
beetle would be authorized for the applicant's continuation of routine 
activities associated with the occupation, use, and maintenance of an 
existing residential and guest ranch community. The applicant's 
proposed HCP does not identify an alternative that would not result in 
incidental take of Casey's June beetle, because it is infeasible for 
Smoke Tree Ranch to cease the routine operations that have been 
implemented over the 87 years that Smoke Tree Ranch has been in 
operation without constricting the day-to-day life of residents and 
guests, and risking impacts to property values, neighborhood 
desirability, guest ranch amenities, and the overall economic viability 
of the community.

Our Preliminary Determination

    We invite comments on our preliminary determination that our 
proposed action, based on the applicant's proposed activities, 
including the proposed minimization and mitigation measures, would have 
a minor or negligible effect on Casey's June beetle, and that the HCP 
qualifies as ``low effect'' as defined by our Habitat Conservation 
Planning Handbook (November 1996).
    We base our determination that a HCP qualifies as a low-effect plan 
on the following three 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 cumulative effects to 
environmental values or resources that would be considered significant.
    As more fully explained in our environmental action statement and 
associated low-effect screening form, the applicant's proposed HCP 
qualifies as a low-effect HCP for the following reasons:
     The applicant would continue to preserve in perpetuity 
approximately 103 ac (42 ha) of natural open space occupied by Casey's 
June beetle.
     The applicant would preserve an additional 11.5 ac (4.6 
ha) of natural open space occupied by Casey's June beetle.
     No new destruction of natural open space habitat would 
occur.
     No adverse modification of designated critical habitat for 
Casey's June beetle would occur.
     No impacts would occur to any other threatened, 
endangered, proposed, or candidate species, nor would there be any 
adverse modification of designated or proposed critical habitat for any 
other listed or proposed species.
     Human occupation, use, and maintenance of residences, the 
guest ranch, and open space areas would result in the same low-
intensity dispersed, minor disturbance to habitat as a result of the 
same routine operations that have occurred on Smoke Tree Ranch over the 
past 87 years.
     Injury and mortality of individual beetles resulting from 
human activities associated with routine operations would be minor and, 
with implementation of minimization measures and preservation of 
conservation easement areas, would be less over the 75-year permit term 
than what has occurred during the past 87 years.
     Historical residential and guest ranch use has been 
demonstratively compatible with survival of the beetle, as some of the 
highest observed numbers and most consistent collections of the beetle 
have been made in Smoke Tree Ranch, where the largest and most 
protected area of remaining occupied habitat is currently found (76 FR 
58954; September 22, 2011).
     The current abundance of Casey's June beetle on Smoke Tree 
Ranch is primarily the result of minimal past disturbance within the 
regulated, gated residential community; the existence of the relatively 
large, contiguous, minimally disturbed area dominated by native desert 
vegetation that the beetle occupies; and the supplemental soil moisture 
on site from landscaping irrigation in the residential and guest ranch 
areas (76 FR 58954; September 22, 2011). These existing conditions will 
continue to be perpetuated, and we expect the beetle will continue to 
be found in abundance on Smoke Tree Ranch.
    Therefore, our proposed issuance of the requested incidental take 
permit qualifies as a categorical exclusion under the National 
Environmental Policy Act (NEPA), as provided by the Department of the 
Interior Manual (516 DM 2 Appendix 1, 516 DM 6 Appendix 1, and 516 DM 
8.5(C)(2)). Based on our review of public comments that we receive in 
response to this notice, we may revise this preliminary determination.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the Act by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of Casey's June 
beetle.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

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 may 
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 under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Jim A. Bartel,
Field Supervisor.
[FR Doc. 2012-13394 Filed 5-31-12; 8:45 am]
BILLING CODE 4310-55-P