[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52528-52529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21339]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2019-N077; FXES11140800000-190-FF08EVEN00]
Los Osos Habitat Conservation Plan; Environmental Assessment and
Receipt of Application; Community of Los Osos, San Luis Obispo County,
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from the County of San Luis Obispo for an incidental take
permit under the Endangered Species Act of 1973, as amended. The
permit, if issued, would authorize take of the federally endangered
Morro shoulderband snail (Helminthoglypta walkeriana) and Morro Bay
kangaroo rat (Dipodomys heermanni morroensis) and provide assurances
for the federally endangered Indian Knob mountainbalm (Eriodictyon
altissimum) and federally threatened Morro manzanita (Arctostaphylos
morroensis). We invite public comment on the draft habitat conservation
plan and a draft environmental assessment prepared in accordance with
the National Environmental Policy Act of 1969, as amended.
DATES: We will receive public comments on the draft habitat
conservation plan and draft environmental assessment until November 18,
2019.
ADDRESSES:
Obtaining Documents: You may download a copy of the draft HCP and
draft EA 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).
Submitting Written Comments: Please send 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.
Email: julie_vanderwier@fws.gov.
FOR FURTHER INFORMATION CONTACT: Leilani Takano, Assistant Field
Supervisor, by phone at 805-677-3330, via the Federal Relay Service at
1-800-877-8339 for TTY assistance, or at the Ventura address (see
ADDRESSES).
SUPPLEMENTARY INFORMATION: The County of San Luis Obispo (applicant)
has applied to the U.S. Fish and Wildlife Service (Service) for an
incidental take permit (ITP) under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant is requesting an ITP with a 25-year term, for
incidental take of two animal species likely to result from
implementation of activities covered by the applicant's habitat
conservation plan (HCP), and seeking assurances for two plant species.
The permit, if issued, would authorize take of the federally endangered
Morro shoulderband snail (Helminthoglypta walkeriana) and Morro Bay
kangaroo rat (Dipodomys heermanni morroensis) and provide assurances
for the federally endangered Indian Knob mountainbalm (Eriodictyon
altissimum) and federally threatened Morro manzanita (Arctostaphylos
morroensis). Pursuant to the National Environmental Policy Act of 1969,
as amended (NEPA; 42 U.S.C. 4321 et seq.), we advise the public of the
availability of the proposed HCP and our draft environmental assessment
(EA).
Background
Section 9 of the ESA prohibits the take of fish or wildlife species
listed as endangered; by regulation, the Service may extend the take
prohibition to fish or wildlife species listed as threatened. ``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, we may issue
permits to authorize incidental take of listed species. The ESA defines
``incidental take'' 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 in
the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22,
respectively. Under the ESA, protections for federally listed plants
differ from the protections afforded to federally listed animals.
Issuance of an incidental take permit also must not jeopardize the
existence of federally listed fish, wildlife, or plant species. The
Permittee would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(b)(5)) and 17.32(b)(5)) regarding
conservation activities for the Morro shoulderband snail, Morro Bay
kangaroo rat, Indian Knob mountainbalm, and Morro manzanita.
The proposed HCP includes measures intended to avoid, minimize, and
mitigate take of the Morro shoulderband snail and Morro Bay kangaroo
rat and impacts to Indian Knob mountainbalm and Morro manzanita
(covered species) expected to occur incidental to otherwise lawful
covered activities.
The applicant is requesting coverage for incidental take and
impacts resulting from the following categories of covered activities:
1. Private development (new construction, remodels, defensible
space),
2. Capital improvement projects,
3. Facilities operation and maintenance projects,
4. Community wildfire protection plan, and
5. Conservation program.
Incidental take or impacts to the covered species resulting from
the covered activities would be restricted to the 3,200-acre (ac)
permit area, which includes the majority of Los Osos, an unincorporated
community in western San Luis Obispo County. The permit area excludes
all existing State park lands, with the exception of approximately 5 ac
contiguous with Elfin Forest Reserve. Covered activities could result
in the loss of up to 532 ac of habitat for the covered species present
within the permit area.
The proposed conservation program includes species-specific
avoidance and minimization measures and the establishment of a preserve
system for the covered species. The preserve system would be subject to
monitoring, management, and protection in perpetuity. The conservation
program would remain in step with take/impacts, and the assembly of the
preserve system would occur throughout the permit term.
National Environmental Policy Act Compliance
The EA analyzes the effects to the human environment for three
project alternatives: No action, proposed action, and reduced take.
Under the No-Action alternative, the Service would not issue the
ITP and
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there would be no implementation of the HCP. Operation and maintenance
of existing infrastructure facilities would continue, as long as take
of Morro shoulderband snail and Morro Bay kangaroo rat would not result
from these activities. Any new development, including private
development and capital improvement projects, with the potential to
result in take of either animal species would need to seek
authorization on an individual basis.
Under the Proposed Action alternative, the Service would issue the
ITP and the County would implement the HCP that addresses the covered
species and covered activities. The maximum extent of area affected
would be 532 ac within the permit area.
Under the Reduced Take alternative, the Service would issue the ITP
and the County would implement the HCP that addresses the proposed
covered species and covered activities. While the permit area and
permit term would remain the same, the maximum area affected would be
266 ac, which represents 50 percent of the maximum amount under the
Proposed Action alternative. There would be a commensurate reduction in
conservation actions.
Public Review
If you wish to comment on the draft HCP and draft EA, you may
submit comments by one of the methods in ADDRESSES.
Any comments we receive will become part of the decision record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, please be aware that your entire comment--including your
personal identifying information--may be made publicly available at any
time. While you can request in your comment that we withhold your
personal identifying information from public review, we 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. 2019-21339 Filed 10-1-19; 8:45 am]
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