[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41810-41811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17830]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N147; 1112-0000-81440-F2]
Francis Proposed Low-Effect Habitat Conservation Plan for the
Morro Shoulderband Snail, Los Osos, San Luis Obispo County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Catherine M. and Ronald L. Francis
(applicants) for a 5-year incidental take permit under the Endangered
Species Act of 1973, as amended (Act). The application addresses the
potential for ``take'' of the Federally endangered Morro shoulderband
snail (Helminthoglypta walkeriana) incidental to the construction and
occupation of a single-family residence on a legal single-family-zoned
parcel in the unincorporated community of Los Osos, San Luis Obispo
County, California. The applicants would implement a conservation
program to minimize and mitigate project activities as described in
their low-effect habitat conservation plan. We invite comments from the
public on the application, which includes the Francis Low-Effect
Habitat Conservation Plan for the Morro Shoulderband Snail (HCP) that
has been determined to be eligible for a Categorical Exclusion under
the National Environmental Policy Act of 1969, as amended (NEPA).
DATES: To ensure consideration, please send your written comments by
August 15, 2011.
ADDRESSES: You may download a copy of the HCP, draft Environmental
Action Statement, Low-Effect Screening Form, and related documents on
the Internet at http://www.fws.gov/ventura/, or you may request
documents by U.S. 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: Julie M. Vanderwier, Fish and Wildlife
Biologist, at the above address or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Background
The Morro shoulderband (= banded dune) snail was listed by the U.S.
Fish and Wildlife Service as endangered on December 15, 1994 (59 FR
64613). 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.
However, take of listed plants is not prohibited under the Act
unless such take would violate State law. As such, take of plants
cannot be authorized under an incidental take permit. Plant species may
be included on a permit in recognition of the conservation benefits
provided them under a habitat conservation plan. All species included
in the incidental take permit would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(55) and 17.32(b)(5)). In
addition to meeting other criteria, actions undertaken through
implementation of the HCP must not jeopardize the continued existence
of Federally listed plant or animal species.
The applicants seek an incidental take permit for direct impacts to
up to 0.57 acres (24,829 square feet) of highly disturbed coastal dune
scrub and maritime chaparral occupied by Morro shoulderband snail in
association with the construction and occupation of a single-family
residence on an existing legal parcel. The project is proposed for a
parcel legally described as Assessor Parcel Number 074-323-031 and
located on the corner of Via Vistosa Drive and Bayview Heights Road in
the southwestern portion of Los Osos, San Luis Obispo County,
California. The applicants are requesting a permit for take of Morro
shoulderband snail that would result from ``Covered Activities'' that
include the construction and occupation of a single-family residence
and associated landscaping/infrastructure.
The applicants propose to minimize and mitigate take of Morro
shoulderband snail associated with the covered activities by fully
implementing the plan. The following measures will be implemented to
minimize the effects of the taking: (1) Pre-construction and concurrent
construction monitoring surveys for Morro shoulderband snail will be
conducted within the 0.57-acre parcel; (2) all identified individuals
of Morro shoulderband snail will be relocated by an individual in
possession of a current valid recovery permit for the species to a
receptor site out of harm's way; (3) installation of protective
fencing; and (4) development and presentation of a contractor and
employee training program for Morro shoulderband snail. To mitigate for
unavoidable take, the applicants will contribute $9,300 to an Impact-
Directed Environmental Account held and administered by the National
Fish and Wildlife Foundation. These funds will be used to implement
recovery tasks
[[Page 41811]]
identified in the Recovery Plan for the Morro Shoulderband Snail and
Four Plants from Western San Luis Obispo County, California (USFWS
1998). A total of $13,685 will be available to ensure that adequate
funding is available to implement all of the minimization measures
identified in the plan.
In the proposed HCP, the applicants consider two alternatives to
the proposed action: ``No Project'' and ``Project Re-design.'' Under
the ``No Project'' alternative, current conditions would be maintained,
the HCP for Morro shoulderband snail would not be implemented and the
Service would not issue an ITP. Under the ``Project Re-design''
alternative, a small area where vegetation is not as degraded would be
conserved and placed in an open space easement intended to protect
resource values. While this alternative could reduce take of the Morro
shoulderband snail, it was not selected because the parcel is small, is
located in a residential neighborhood, and contains only degraded,
fragmented native habitat. The likely location for the conservation
easement would be in the northern portion of the parcel; however, this
area would likely serve as a sink for Morro shoulderband snails rather
than contribute to their recovery.
We are requesting comments on our preliminary determination that
the applicants' proposal will have a minor or negligible effect on the
Morro shoulderband snail and that the plan qualifies as a low-effect
HCP as defined by our Habitat Conservation Planning Handbook (November
1996). We base our determinations on three criteria: (1) Implementation
of the proposed project as described in the HCP would result in minor
or negligible effects on Federally listed, proposed, and/or candidate
species and their habitats; (2) implementation of the HCP would result
in minor negligible effects on other environmental values or resources;
and (3) HCP impacts, considered together with those of other past,
present, and reasonably foreseeable future projects, would not result
in cumulatively significant effects. In our analysis of these criteria,
we have made a preliminary determination that the approval of the HCP
and issuance of an ITP qualify for categorical exclusions under the
NEPA (42 U.S.C. 4321 et seq.), as provided by the Department of
Interior Manual (516 DM 2 Appendix 2 and 516 DM 8); however, based upon
our review of public comments that we receive in response to this
notice, this preliminary determination may be revised.
Next Steps
We will evaluate the permit application, including the plan and
comments we receive, to determine whether the application meets the
requirements of Section 10(a) of the Act. We will also evaluate whether
issuance of the ITP would comply with Section 7 of the Act by
conducting an intra-Service Section 7 consultation for the plan. 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 the ITP. If the requirements are met, we will issue an ITP to the
applicants for the incidental take of Morro shoulderband snail. We will
make the final permit decision no sooner than 30 days after the date of
this notice.
Public Review
We provide this notice under section 10(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We are requesting comments on our determination that the
applicants' proposal will have a minor or negligible effect on the
Morro shoulderband snail and that the plan qualifies as a ``low-
effect'' HCP as defined by our 1996 Habitat Conservation Planning
Handbook. We will evaluate the permit application, including the plan
and comments we receive, to determine whether the application meets the
requirements of section 10(a) of the Act. We will also evaluate whether
issuance of the section 10(a)(1)(B) permit would comply with section 7
of the Act by conducting intra-Service section 7 consultation for the
plan. We will use the results of these consultations, in combination
with the above findings, in our final analysis to determine whether or
not to issue the permits. If the requirements are met, we will issue a
permit to the applicants for the incidental take of Morro shoulderband
snail. We will make the final permit decision no sooner than 30 days
after the date of this notice.
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, e-mail 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: July 11, 2011.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2011-17830 Filed 7-14-11; 8:45 am]
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