[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