81 FR 40917 - Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Mammen Parcel, Community of Los Osos, San Luis Obispo County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 121 (June 23, 2016)

Page Range		40917-40918
FR Document		2016-14853

We, the U.S. Fish and Wildlife Service (Service), have received an application from Renee and Kurt Mammen for a 10-year incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The application addresses the potential for ``take'' of the federally endangered Morro shoulderband snail likely to result incidental to the construction and maintenance of a single-family residence on an existing legal parcel, associated infrastructure, and use of an existing access road in the unincorporated community of Los Osos, San Luis Obispo County, California. We invite comments from the public on the application package, which includes a draft low-effect habitat conservation plan (HCP) and draft low-effect screening form and environmental action statement, which constitutes our proposed National Environmental Policy Act (NEPA) compliance.

Federal Register, Volume 81 Issue 121 (Thursday, June 23, 2016)

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40917-40918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14853]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N079; FXES11120800000-156-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Morro Shoulderband 
Snail; Mammen Parcel, Community of Los Osos, San Luis Obispo County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Renee and Kurt Mammen for a 10-year 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended. The application addresses the potential for ``take'' of the 
federally endangered Morro shoulderband snail likely to result 
incidental to the construction and maintenance of a single-family 
residence on an existing legal parcel, associated infrastructure, and 
use of an existing access road in the unincorporated community of Los 
Osos, San Luis Obispo County, California. We invite comments from the 
public on the application package, which includes a draft low-effect 
habitat conservation plan (HCP) and draft low-effect screening form and 
environmental action statement, which constitutes our proposed National 
Environmental Policy Act (NEPA) compliance.

DATES: To ensure consideration, please send your written comments by 
July 25, 2016.

ADDRESSES: You may download a copy of the draft HCP and draft low-
effect screening form and environmental action statement on the 
internet at http://www.fws.gov/ventura/, or you may request copies of 
the documents by U.S. mail to our Ventura office, or by phone (see FOR 
FURTHER INFORMATION CONTACT). Please address written comments to 
Stephen P. Henry, 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, Senior Fish and 
Wildlife Biologist, at the Ventura office address or by phone at (805) 
644-1766.

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the 
Endangered Species Act (Act; 16 U.S.C. 1531 et seq.). The application 
addresses take of the federally endangered Morro shoulderband snail 
(Helminthoglypta walkeriana) likely to occur incidental to the 
construction and maintenance of a single-family residence and 
associated infrastructure and use of an existing access road. The 
requested permit term is 10 years and the permit would be subject to 
renewal. We invite comments from the public on the application package. 
Issuance of an ITP pursuant to this HCP has been determined to be 
eligible for a categorical exclusion under NEPA.

Background

    The Morro shoulderband snail was listed as endangered on December 
15, 1994 (59 FR 64613). Section 9 of the Act and its implementing 
regulations (16 U.S.C. 1531 et seq.) prohibit the take of fish or 
wildlife species listed as endangered or threatened. Under the Act, 
``take'' is defined to include the following activities: ``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). Under 
section 10(a)(1)(B) of the Act, we may issue permits to authorize take 
of listed species if it is incidental to other lawful activities and 
not the purpose of carrying out that activity. The Code of Federal 
Regulations provides those regulations governing incidental take 
permits for threatened and endangered species at 50 CFR 17.32 and 
17.22. Issuance of an incidental take permit must not jeopardize the 
existence of any federally listed fish, wildlife or plant species.

The Applicant's Proposed Project

    The project involves the construction and maintenance of a single-
family residence and associated infrastructure along with use of an 
existing access road to a legal parcel in the Bayview Heights 
subdivision of Los Osos, County of San Luis Obispo, California. The HCP 
provides the support necessary for the Service to issue an incidental 
take permit (ITP) that would authorize take, in this instance, of the 
Morro shoulderband snail (Helminthoglypta walkeriana). The County of 
San Luis Obispo requires demonstration that the property owner is in 
compliance with the Endangered Species Act of 1973, as amended (Act) as 
part of their permitting requirements.
    The draft HCP contains two alternatives to the proposed action: 
``No Action'' and ``Project Redesign.'' Under the ``No Action'' 
alternative, an ITP for the Mammen single-family residence would not be 
issued. The Mammen single-family residence could not legally be built 
and the mitigation fee would not be available to contribute to recovery 
actions for Morro shoulderband snail. Since the property is privately 
owned, there are ongoing economic considerations (e.g., payment of 
property taxes) associated with continued ownership of a property and 
its intended use. The sale of the property for purposes (e.g., as a 
conservation easement) other than the identified activity is not 
economically feasible. For these reasons, the ``No Action'' alternative 
has been rejected.

[[Page 40918]]

    The ``Project Redesign'' alternative would involve design of a 
project that would reduce or avoid altogether take of Morro 
shoulderband snail. This alternative was not selected, due to the 
parcel's small size and marginal value to the long-term conservation of 
the Morro shoulderband snail of habitat on site. A reduction or 
redesign of the project footprint would not meet the applicants' needs 
and would not significantly reduce the effects of the taking of Morro 
shoulderband snail such that there would be a greater benefit to 
species survival and recovery. For these reasons, the ``Project 
Redesign'' alternative has also been rejected.

Our Preliminary Determination

    We have determined that the applicants' proposal will have a minor 
or negligible effect on the Morro shoulderband snail and that the HCP 
qualifies for processing as a low-effect plan consistent with our 
Habitat Conservation Planning Handbook (November 1996). Three criteria 
form the basis for our determination: (1) 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. It is our preliminary determination 
that HCP approval and ITP issuance qualify for categorical exclusion 
under the NEPA (42 U.S.C. 4321 et seq.), as provided by the Department 
of the Interior implementing regulations in part 46 of title 43 of the 
Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215). 
However, we may revise our determination based upon review of public 
comments received in response to this notice.

Next Steps

    We will evaluate the permit application, including the draft HCP 
and comments we receive, to determine whether it meets the requirements 
of section 10(a)(1)(B) of the Act. We will also evaluate whether 
issuance of the ITP would comply with section 7of the Act by conducting 
an intra-Service consultation pursuant to section 7(a)(2).

Public Review

    We request comments from the public regarding our preliminary 
determination that the applicant's proposal will have a minor or 
negligible effect on the Morro shoulderband snail and that the HCP 
qualifies for processing as a low-effect. We will evaluate comments 
received and make a final determination regarding whether the 
application meets the requirements of section 10(a)(1)(B) of the Act. 
We will incorporate the results of our intra-Service consultation, in 
combination with the above findings, in our final analysis to determine 
whether to issue the ITP. If all of our requirements are met, we will 
issue the ITP to the applicant. Permit issuance would not occur less 
than 30 days after the date of this notice.

Public Comments

    If you wish to comment on the permit application, HCP, and 
associated documents, you may submit comments by any one of the methods 
provided 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(c) of the Act and the NEPA 
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6).

    Dated: June 15, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-14853 Filed 6-22-16; 8:45 am]
 BILLING CODE 4310-55-P

Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices 40917

Comments Received and Our Responses an application from Renee and Kurt Background
Comments: On December 3, 2015, we Mammen for a 10-year incidental take
permit (ITP) under the Endangered The Morro shoulderband snail was
published in the Federal Register (80 listed as endangered on December 15,
FR 75685) a notice of our intent to Species Act of 1973, as amended. The
application addresses the potential for 1994 (59 FR 64613). Section 9 of the Act
request that OMB renew approval for and its implementing regulations (16
this information collection. In that ‘‘take’’ of the federally endangered
Morro shoulderband snail likely to U.S.C. 1531 et seq.) prohibit the take of
notice, we solicited comments for 60 fish or wildlife species listed as
days, ending on February 1, 2016. We result incidental to the construction and
endangered or threatened. Under the
did not receive any comments. maintenance of a single-family
Act, ‘‘take’’ is defined to include the
residence on an existing legal parcel,
Request for Public Comments following activities: ‘‘to harass, harm,
associated infrastructure, and use of an
We again invite comments concerning pursue, hunt, shoot, wound, kill, trap,
existing access road in the
this information collection on: capture, or collect, or to attempt to
unincorporated community of Los Osos,
• Whether or not the collection of engage in any such conduct’’ (16 U.S.C.
San Luis Obispo County, California. We 1532). Under section 10(a)(1)(B) of the
information is necessary, including invite comments from the public on the
whether or not the information will Act, we may issue permits to authorize
application package, which includes a take of listed species if it is incidental
have practical utility; draft low-effect habitat conservation
• The accuracy of our estimate of the to other lawful activities and not the
plan (HCP) and draft low-effect purpose of carrying out that activity.
burden for this collection of screening form and environmental
information; The Code of Federal Regulations
action statement, which constitutes our
• Ways to enhance the quality, utility, provides those regulations governing
proposed National Environmental incidental take permits for threatened
and clarity of the information to be
Policy Act (NEPA) compliance. and endangered species at 50 CFR 17.32
collected; and
• Ways to minimize the burden of the DATES: To ensure consideration, please and 17.22. Issuance of an incidental take
collection of information on send your written comments by July 25, permit must not jeopardize the
respondents. 2016. existence of any federally listed fish,
Comments that you submit in wildlife or plant species.
response to this notice are a matter of ADDRESSES: You may download a copy
of the draft HCP and draft low-effect The Applicant’s Proposed Project
public record. Before including your
address, phone number, email address, screening form and environmental The project involves the construction
or other personal identifying action statement on the internet at and maintenance of a single-family
information in your comment, you http://www.fws.gov/ventura/, or you residence and associated infrastructure
should be aware that your entire may request copies of the documents by along with use of an existing access road
comment, including your personal U.S. mail to our Ventura office, or by to a legal parcel in the Bayview Heights
identifying information, may be made phone (see FOR FURTHER INFORMATION subdivision of Los Osos, County of San
publicly available at any time. While CONTACT). Please address written Luis Obispo, California. The HCP
you can ask OMB and us in your comments to Stephen P. Henry, Field provides the support necessary for the
comment to withhold your personal Supervisor, Ventura Fish and Wildlife Service to issue an incidental take
identifying information from public Office, U.S. Fish and Wildlife Service, permit (ITP) that would authorize take,
review, we cannot guarantee that it will 2493 Portola Road, Suite B, Ventura, CA in this instance, of the Morro
be done. 93003. You may alternatively send shoulderband snail (Helminthoglypta
Dated: June 17, 2016. comments by facsimile to (805) 644– walkeriana). The County of San Luis
Tina A. Campbell, 3958. Obispo requires demonstration that the
Chief, Division of Policy, Performance, and property owner is in compliance with
FOR FURTHER INFORMATION CONTACT: Julie the Endangered Species Act of 1973, as
Management Programs, U.S. Fish and Wildlife M. Vanderwier, Senior Fish and
Service. amended (Act) as part of their
Wildlife Biologist, at the Ventura office permitting requirements.
[FR Doc. 2016–14843 Filed 6–22–16; 8:45 am]
address or by phone at (805) 644–1766.
BILLING CODE 4333–15–P The draft HCP contains two
SUPPLEMENTARY INFORMATION: We have alternatives to the proposed action: ‘‘No
received an application for an incidental Action’’ and ‘‘Project Redesign.’’ Under
DEPARTMENT OF THE INTERIOR take permit (ITP) pursuant to section the ‘‘No Action’’ alternative, an ITP for
10(a)(1)(B) of the Endangered Species the Mammen single-family residence
Fish and Wildlife Service Act (Act; 16 U.S.C. 1531 et seq.). The would not be issued. The Mammen
[FWS–R8–ES–2016–N079; application addresses take of the single-family residence could not legally
FXES11120800000–156–FF08EVEN00] federally endangered Morro be built and the mitigation fee would
shoulderband snail (Helminthoglypta not be available to contribute to
Low-Effect Habitat Conservation Plan walkeriana) likely to occur incidental to recovery actions for Morro
for the Morro Shoulderband Snail; the construction and maintenance of a shoulderband snail. Since the property
Mammen Parcel, Community of Los single-family residence and associated is privately owned, there are ongoing
Osos, San Luis Obispo County, infrastructure and use of an existing economic considerations (e.g., payment
asabaliauskas on DSK3SPTVN1PROD with NOTICES

California access road. The requested permit term of property taxes) associated with
AGENCY: Fish and Wildlife Service, is 10 years and the permit would be continued ownership of a property and
Interior. subject to renewal. We invite comments its intended use. The sale of the
ACTION: Notice of availability; request
from the public on the application property for purposes (e.g., as a
for comment. package. Issuance of an ITP pursuant to conservation easement) other than the
this HCP has been determined to be identified activity is not economically
SUMMARY: We, the U.S. Fish and eligible for a categorical exclusion under feasible. For these reasons, the ‘‘No
Wildlife Service (Service), have received NEPA. Action’’ alternative has been rejected.

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40918 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices

The ‘‘Project Redesign’’ alternative a minor or negligible effect on the Morro and Budget (OMB) a request for renewal
would involve design of a project that shoulderband snail and that the HCP of the collection of information for
would reduce or avoid altogether take of qualifies for processing as a low-effect. grants under the Office of Indian Energy
Morro shoulderband snail. This We will evaluate comments received and Economic Development, Energy and
alternative was not selected, due to the and make a final determination Mineral Development Program,
parcel’s small size and marginal value to regarding whether the application meets authorized by OMB Control Number
the long-term conservation of the Morro the requirements of section 10(a)(1)(B) 1076–0174. This information collection
shoulderband snail of habitat on site. A of the Act. We will incorporate the expires June 30, 2016.
reduction or redesign of the project results of our intra-Service consultation, DATES: Interested persons are invited to
footprint would not meet the applicants’ in combination with the above findings, submit comments on or before July 25,
needs and would not significantly in our final analysis to determine 2016.
reduce the effects of the taking of Morro whether to issue the ITP. If all of our ADDRESSES: Please submit your
shoulderband snail such that there requirements are met, we will issue the comments to the Desk Officer for the
would be a greater benefit to species ITP to the applicant. Permit issuance Department of the Interior at the Office
survival and recovery. For these would not occur less than 30 days after of Management and Budget, by facsimile
reasons, the ‘‘Project Redesign’’ the date of this notice. to (202) 395–5806 or you may send an
alternative has also been rejected. email to: OIRA_Submission@
Public Comments
Our Preliminary Determination omb.eop.gov. Also please send a copy of
If you wish to comment on the permit your comments to Rebecca Naragon,
We have determined that the application, HCP, and associated U.S. Department of the Interior, Office
applicants’ proposal will have a minor documents, you may submit comments of Indian Energy and Economic
or negligible effect on the Morro by any one of the methods provided in Development, 1951 Constitution
shoulderband snail and that the HCP ADDRESSES. Avenue NW., MS–16–SIB, Washington,
qualifies for processing as a low-effect DC 20245; email: Rebecca.Naragon@
plan consistent with our Habitat Public Availability of Comments
bia.gov.
Conservation Planning Handbook Before including your address, phone
(November 1996). Three criteria form number, email address, or other FOR FURTHER INFORMATION CONTACT:
the basis for our determination: (1) The personal identifying information in your Rebecca Naragon, U.S. Department of
proposed project as described in the comment, you should be aware that the Interior, Office of Indian Energy and
HCP would result in minor or negligible your entire comment, including your Economic Development, 1951
effects on federally listed, proposed, personal identifying information, may Constitution Avenue NW., MS–16–SIB,
and/or candidate species and their be made publicly available at any time. Washington, DC 20245; email:
habitats; (2) implementation of the HCP While you can ask us in your comment Rebecca.Naragon@bia.gov. You may
would result in minor negligible effects to withhold your personal identifying review the information collection
on other environmental values or information from public view, we request online at http://
resources; and (3) HCP impacts, cannot guarantee that we will be able to www.reginfo.gov. Follow the
considered together with those of other do so. instructions to review Department of the
past, present, and reasonably Interior collections under review by
foreseeable future projects, would not Authority OMB.
result in cumulatively significant We provide this notice under section SUPPLEMENTARY INFORMATION:
effects. It is our preliminary 10(c) of the Act and the NEPA public
I. Abstract
determination that HCP approval and involvement regulations (40 CFR
ITP issuance qualify for categorical 1500.1(b), 1500.2(d), and 1506.6). The Energy Policy Act of 2005, 25
exclusion under the NEPA (42 U.S.C. U.S.C. 3502(a)(2)(B) authorizes the
Dated: June 15, 2016.
4321 et seq.), as provided by the Secretary of the Interior to provide
Stephen P. Henry,
Department of the Interior grants to assist Indian Tribes in the
Field Supervisor, Ventura Fish and Wildlife development of energy resources and
implementing regulations in part 46 of Office, Ventura, California.
title 43 of the Code of Federal further the goal of Indian self-
[FR Doc. 2016–14853 Filed 6–22–16; 8:45 am] determination.
Regulations (43 CFR 46.205, 46.210, and
46.215). However, we may revise our
BILLING CODE 4310–55–P The Office of Indian Energy and
determination based upon review of Economic Development (IEED)
public comments received in response administers and manages the energy
DEPARTMENT OF THE INTERIOR resource development grant program
to this notice.
under the Energy and Minerals
Next Steps Bureau of Indian Affairs
Development Program (EMDP).
We will evaluate the permit [167 A2100DD/AAKC001030/ Congress may appropriate funds to
application, including the draft HCP A0A501010.999900] EMDP on a year-to-year basis. When
and comments we receive, to determine funding is available, IEED may solicit
Renewal of Agency Information proposals for energy resource
whether it meets the requirements of
Collection for Energy Resource development projects from Indian
section 10(a)(1)(B) of the Act. We will
Development Program Grants Tribes and Tribal energy resource
asabaliauskas on DSK3SPTVN1PROD with NOTICES

also evaluate whether issuance of the
ITP would comply with section 7of the AGENCY: Bureau of Indian Affairs, development organizations for use in
Act by conducting an intra-Service Interior. carrying out projects to promote the
consultation pursuant to section 7(a)(2). ACTION: Notice of submission to OMB. integration of energy resources, and to
process, use or develop those energy
Public Review SUMMARY: In compliance with the resources on Indian land. The projects
We request comments from the public Paperwork Reduction Act of 1995, the may be in the areas of exploration,
regarding our preliminary determination Bureau of Indian Affairs (BIA) has assessment, development, feasibility, or
that the applicant’s proposal will have submitted to the Office of Management market studies. Indian Tribes that

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Document Created: 2018-02-08 07:41:16
Document Modified: 2018-02-08 07:41:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comment.
Dates		To ensure consideration, please send your written comments by July 25, 2016.
Contact		Julie M. Vanderwier, Senior Fish and
FR Citation		81 FR 40917

81 FR 40917 - Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Mammen Parcel, Community of Los Osos, San Luis Obispo County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 121 (June 23, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service