[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8524-8525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03303]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N009; FXES11120800000-167-FF08EVEN00]


Receipt of Application for Renewal of Incidental Take Permit; 
Bonny Doon Quarries Settlement Ponds Low-Effect Habitat Conservation 
Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit renewal application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from CEMEX (applicant), for a renewal of 
incidental take permit TE844722-0 under the Endangered Species Act of 
1973, as amended (Act). The applicant has requested a renewal that will 
extend permit expiration by 5 years from the date the permit is 
reissued. The applicant has agreed to follow all of the existing 
habitat conservation plan (HCP) conditions. If renewed, no additional 
take will be authorized. The permit would authorize take of the 
federally threatened California red-legged frog, incidental to 
otherwise lawful activities associated with the Bonny Doon Quarries 
Settlement Ponds HCP.

DATES: Written comments should be received on or before March 21, 2016.

ADDRESSES: You may obtain a copy of the permit renewal application and 
the HCP by writing to the Ventura Fish and Wildlife Ecological Services 
Office, Attn: Permit number TE844722-0, U.S. Fish and Wildlife Service, 
2493 Portola Road, Suite B, Ventura, CA 93003. In addition, we will 
make the permit renewal application and HCP available for public 
inspection by appointment during normal business hours at the above 
address. Please address written comments to Stephen P. Henry, Field 
Supervisor, at the address above. Comments may also be sent by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Jacob Martin, Fish and Wildlife 
Biologist, at the above address or by calling (831) 768-6953.

SUPPLEMENTARY INFORMATION: 

Background

    The California red-legged frog (Rana draytonii) was listed by the 
U.S. Fish and Wildlife Service as threatened on May 23, 1996. Section 9 
of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations 
prohibit the ``take'' of fish or wildlife species listed as endangered 
or threatened. ``Take'' is defined under the Act 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 
Act, we may issue permits to authorize incidental take of listed 
species. ``Incidental take'' is defined by the Act as take that is 
incidental to, and not the purpose of, carrying out of an otherwise 
lawful activity. Regulations governing incidental take permits for 
threatened and endangered species are, respectively, in the Code of 
Federal Regulations at 50 CFR 17.32 and 17.22. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. All species included 
in the incidental take permit would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
    CEMEX has applied for renewal of a permit for the incidental take 
of the threatened California red-legged frog. The potential taking 
would occur by activities associated with operations and maintenance of 
settlement ponds 1 through 7, habitat management and enhancement 
activities at the existing mitigation ponds, and possible reclamation 
activities of settlement ponds 2X and 5 at CEMEX's Bonny Doon Quarries. 
The Bonny Doon Quarries are located just north of the city of Davenport 
(Santa Cruz County), California. An incidental take permit was first 
issued for the project on August 5, 1999. Mining activities have ceased 
at the Bonny Doon Quarries; however, management and maintenance of 
settlement ponds continues. Conditions at the site remain unchanged 
from the time of original permit issuance.

Our Preliminary Determination

    The Service has made a preliminary determination that renewal of 
the permit is not a major Federal action that will significantly affect 
the quality of the human environment within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA), nor will it 
individually or cumulatively have more than a negligible effect on the 
species covered in the HCP. Therefore, the permit renewal qualifies for 
a categorical exclusion under NEPA as provided by the Department of 
Interior Manual (516 DM 2, Appendix 1 and 516 DM 8.5).

[[Page 8525]]

Public Comments

    If you wish to comment on the permit applications, plans, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

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 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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: February 10, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-03303 Filed 2-18-16; 8:45 am]
BILLING CODE 4333-15-P