[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4694-4696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01288]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N130; FXES11140800000-201-FF08EVEN00]


Habitat Conservation Plans for the Mount Hermon June Beetle, 
Zayante Band-Winged Grasshopper, and Ben Lomond Spineflower; 
Categorical Exclusion for the Renovation of the Santa Cruz County 
Juvenile Hall and the Verizon Wireless Expansion 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), have 
received two applications for an incidental take permit (ITP), one for 
the federally endangered Mount Hermon June beetle and one for the 
federally endangered Mount Hermon June beetle and Zayante band-winged 
grasshopper, under the Endangered Species Act of 1973, as amended. The 
County of Santa Cruz submitted a permit application that, if issued, 
would authorize take of the

[[Page 4695]]

Mount Hermon June beetle incidental to otherwise lawful activities 
described in the draft habitat conservation plan for renovation of the 
County of Santa Cruz Juvenile Hall. Verizon Wireless submitted a permit 
application that, if issued, would authorize take of the Mount Hermon 
June beetle and Zayante band-winged grasshopper incidental to otherwise 
lawful activities described in the Verizon Wireless telecommunications 
facility expansion project draft habitat conservation plan. We invite 
public comment on these documents.

DATES: Written comments should be received on or before February 26, 
2020.

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 phone (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.
     Facsimile: 805-644-3958.
     Electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, 805-677-3328 (by phone), or at the Ventura Fish and Wildlife 
office (by mail; see ADDRESSES).

SUPPLEMENTARY INFORMATION: We have received two applications for ITPs 
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 
1531 et seq.). In support of their applications for ITPs, the 
applicants have developed draft habitat conservation plans (HCPs) for 
their respective projects that include measures to mitigate and avoid/
minimize impacts to the federally endangered Mount Hermon June beetle 
(Polyphylla barbata), Zayante band-winged grasshopper (Trimerotropis 
infantilis), and Ben Lomond spineflower (Chorizanthe pungens var. 
hartwegiana). The ITPs would authorize take of the Mount Hermon June 
beetle and Zayante band-winged grasshopper incidental to otherwise 
lawful activities. These ITPs would authorize incidental take 
associated with the two respective projects: The draft Low-Effect HCP 
for the Renovation of the County of Santa Cruz Juvenile Hall and the 
draft Low-Effect HCP for the Verizon Wireless Telecommunications 
Facility Expansion Project. We invite public comment on the draft HCPs 
and categorical screening forms, which include the environmental action 
statements.

Background

    The Service listed the Mount Hermon June beetle and Zayante band-
winged grasshopper 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. ``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 of an otherwise lawful activity. Regulations governing ITPs for 
endangered wildlife are in the Code of Federal Regulations (CFR) at 50 
CFR 17.22.
    Take of listed plants is not prohibited under the ESA unless the 
action would violate State law. As such, take of plants cannot be 
authorized under an ITP. Plant species may be included on a permit in 
recognition of the conservation benefits provided them under an HCP. 
All species, including plants, covered by the ITP receive assurances 
under our ``No Surprises'' regulations (50 CFR 17.22(b)(5)). Issuance 
of an ITP also must not jeopardize the existence of federally listed 
fish, wildlife, or plant species.

Proposed Project Activities

    Santa Cruz County has applied for a permit for incidental take of 
the Mount Hermon June beetle. The take would occur in association with 
renovation and upgrades of facilities and infrastructure at the County 
of Santa Cruz Juvenile Hall. Project activities would occur within a 
0.427-acre (ac) area, within which 0.270 ac is 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 restoration of 
suitable habitat adjacent to the project site or the purchase of 
conservation credits at a Service-approved conservation bank.
    Verizon Wireless has applied for a permit for incidental take of 
the Mount Hermon June beetle and Zayante band-winged grasshopper. The 
take would occur in association with the expansion of an existing 
wireless telecommunications facility. The site includes approximately 
0.020 ac of suitable habitat for the Mount Hermon June beetle and 
Zayante band-winged grasshopper. The Service has designated the entire 
project site as critical habitat for the Zayante band-winged 
grasshopper. The HCP includes avoidance and minimization measures for 
the covered species and mitigation for unavoidable loss of suitable 
habitat through the purchase of conservation credits at a Service-
approved conservation bank.

Preliminary Determinations

    The Service has made preliminary determinations that issuance of 
these incidental take permits is neither 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; 42 U.S.C. 4321 et seq.), nor will they individually or 
cumulatively have more than a negligible effect on the species covered 
in the HCPs. The Service considers the impacts of the renovation of the 
Santa Cruz County Juvenile Hall on the Mount Hermon June beetle to be 
minor, as the affected area is small (approximately 0.270 ac) and the 
project includes the restoration of suitable habitat or purchase of 
high-quality habitat at a Service-approved conservation bank. The 
Service considers the impacts of the Verizon Wireless Expansion Project 
on the Mount Hermon June beetle and Zayante band-winged grasshopper to 
be minor, as the affected area is small (approximately 0.020 ac) and 
the project includes the purchase of high-quality habitat at a Service-
approved conservation bank. Therefore, based on this preliminary 
determination, both permits qualify for a categorical exclusion under 
NEPA.

Public Comments

    If you wish to comment on the draft HCPs and categorical screening 
forms, 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 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

[[Page 4696]]

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. 2020-01288 Filed 1-24-20; 8:45 am]
 BILLING CODE 4333-15-P