[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Notices]
[Page 8735-8736]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-109]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N024; 1112-0000-81440-F2]
Endangered and Threatened Wildlife and Plants; Permit, San Luis
Obispo County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service, us), have
received from the California Department of Parks and Recreation
(applicant) an application for an incidental take permit under the
Endangered Species Act of 1973, as amended (Act). We are considering
issuing a permit that would authorize the applicant's take of the
Federally endangered Morro shoulderband snail (Helminthoglypta
walkeriana) incidental to otherwise lawful activities that would result
in the permanent loss of 0.2 acre of Morro shoulderband snail habitat
within Morro Bay State Park, San Luis Obispo County, California. We
invite comments from the public on the application, which includes a
Habitat Conservation Plan (HCP) fully describing the proposed project
and measures the applicant would undertake to minimize and mitigate
anticipated take of the species. We also invite comments on our
preliminary determination that the HCP qualifies as a ``low-effect''
plan, eligible for a categorical exclusion under the National
Environmental Policy Act (NEPA) of 1969, as amended. We explain the
basis for this determination in our draft Environmental Action
Statement and associated Low Effect Screening Form, both of which are
also available for review.
DATES: To ensure consideration, please send your written comments by
March 29, 2010.
ADDRESSES: You may download a copy of the permit application, plan, and
related documents on the Internet at http://www.fws.gov/ventura, or you
may request documents by U.S. mail, e-mail, or phone (see below).
Please address written comments to Diane K. Noda, Field Supervisor,
Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493
Portola Road, Suite B, Ventura, CA 93003. You may alternatively send
comments by facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator, at
Ventura address above, or (805) 644-1766, extension 224 (telephone).
SUPPLEMENTARY INFORMATION:
Background
The Morro shoulderband snail was listed as endangered on December
15, 1994 (59 FR 64613). 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 17 prohibit the ``take'' of fish or
wildlife species listed as endangered or threatened. Take of listed
fish or wildlife is defined under the Act as ``to 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 limited
circumstances, we issue permits to authorize incidental take (i.e.,
take that is incidental to, and not the purpose of, the carrying out of
an otherwise lawful activity). Regulations governing incidental take
permits for threatened and endangered species are at 50 CFR 17.32 and
17.22, respectively. The Act's take prohibitions do not apply to
Federally listed plants on private lands unless such take would violate
State law. In addition to meeting other criteria, an incidental take
permit's proposed actions must not jeopardize the existence of
Federally listed fish, wildlife, or plants.
The applicant proposes the construction and use of a boardwalk,
overlook area, and trail project within a 10-acre site at the Morro Bay
State Park marina peninsula, San Luis Obispo County, California, that
will meet Americans with Disabilities Act (ADA) accessibility
guidelines. The 10-acre site contains a mixture of native and
introduced plant species. Coastal dune scrub, the only native upland
community, occupies the majority of the 10-acre permit area. Disturbed
upland habitat is also present and includes illegal trails and areas
dominated by nonnative plant species.
The proposed project would result in impacts to a total of 0.41
acre of habitat for the Morro shoulderband snail. Permanent impacts
resulting from the construction of the trails, boardwalk, and viewing
platforms would be 0.18 acre and 0.03 acre, respectively. Additionally,
there would be temporary impacts to 0.2 acre. Both the permanent and
temporary impacts are expected to result in take of Morro shoulderband
snail.
The applicant proposes to implement measures to minimize and
mitigate for the take of Morro shoulderband snails within the permit
area. Minimization measures include: (1) Restriction of activities to
the dry season (April 15-November 15); (2) implementation of training
sessions for all construction and park personnel involved in
construction of the project; (3) performance of preconstruction surveys
prior to each day of activity involving ground disturbance or
vegetation disturbance to construct the boardwalk and peninsula spur
trail; (4) relocation of any living Morro shoulderband snails that are
found during preconstruction surveys or during construction into
adjacent suitable habitat; (5) installation of fencing to delineate
work and non-work areas; and (6) use of hand tools to the maximum
extent possible.
Mitigation for unavoidable take of Morro shoulderband snails would
consist of the establishment and management of a permanent conservation
area over approximately 9.6 acres adjacent to the ADA trail and
boardwalk system, closure and restoration to native habitat of all
volunteer trails and redundant trails in the project area, and
nonnative plant species removal. The HCP also considers effects from
covered activities on, as well as conservation measures for, the
California seablite (Suaeda californica), a threatened plant species
occurring in the estuarine habitat adjacent to the project area.
In the proposed plan, the applicant considers three alternatives to
the taking of listed species in the proposed project. The No Action
Alternative would maintain current conditions, the project would not be
implemented, and an incidental take permit application would not be
submitted to the Service. The second alternative would involve a
redesign of the Marina Peninsula Trail Project. Although a reduction in
the development area would be possible on the property, it is
anticipated that such a reduction would result in a trail
[[Page 8736]]
configuration that would encourage the continued use and expansion of
volunteer trails, thus continuing and expanding impacts to coastal
scrub and salt marsh habitats. The third alternative would involve the
relocation of the project site within the Morro Bay State Park.
However, the proposed Marina Peninsula Trail project offers an
opportunity to use a long stretch of existing disturbed ground, former
maintenance road, and existing trails, all of which could be improved
to meet accessible guidelines, limit the removal of existing habitat,
and provide substantial protection and improvement of habitat for
sensitive species.
We are requesting comments on our preliminary determination that
the applicant's proposal will have a minor or negligible effect on the
species covered in the plan, and that the plan qualifies as a ``low-
effect'' habitat conservation plan as defined by our Habitat
Conservation Planning Handbook (November 1996). We base our
determination that the plan qualifies as a low-effect plan on the
following three criteria: (1) Implementation of the plan would result
in minor or negligible effects on Federally listed, proposed, and
candidate species and their habitats; (2) implementation of the plan
would result in minor or negligible effects on other environmental
values or resources; and (3) impacts of the plan, 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 plan qualifies as a ``low-effect'' plan for the following
reasons:
(1) Approval of the HCP would result in minor or negligible effects
on the Morro shoulderband snail and California seablite and their
habitat. The Service does not anticipate significant direct or
cumulative effects to the Morro shoulderband snail or California
seablite resulting from the proposed Project.
(2) Approval of the HCP would not have adverse effects on unique
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks.
(3) Approval of the HCP would not result in any cumulative or
growth-inducing impacts and would not result in significant adverse
effects on public health or safety.
(4) The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local, or Tribal law or
requirement imposed for the protection of the environment.
(5) Approval of the HCP would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
We, therefore, have made a preliminary determination that the
approval of the HCP and incidental take permit application qualifies
for a categorical exclusion under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), as provided by the Department of the
Interior Manual (516 DM 2 Appendix 1 and 516 DM 8). 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 plan and comments we receive to determine
whether the permit application meets the requirements of section 10(a)
of the Act (16 U.S.C. 1531 et seq.). If we determine that the
application meets these requirements, we will issue the permit for
incidental take of the Morro shoulderband snail. We will also evaluate
whether issuance of a section 10(a)(1)(B) permit would comply with
section 7 of the Act by conducting an intra-Service section 7
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 are met, we will
issue the permit to the applicant.
Public Comments
If you wish to comment on the permit application, plan, 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, e-mail address, or
other personal identifying information in your comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. If you wish us
to consider withholding this information you must state this
prominently at the beginning of your comments. In addition, you must
provide a rationale demonstrating and documenting that disclosure would
constitute a clearly unwarranted invasion of privacy. While you can 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.
All submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, are available for public inspection in their entirety.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: February 19, 2010.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. 2010-3850 Filed 2-24-10; 8:45 am]
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