81 FR 62918 - Receipt of Application for Renewal of Incidental Take Permit for Morro Shoulderband Snail; Kellaway Habitat Conservation Plan; Community of Los Osos, San Luis Obispo County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 177 (September 13, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 177 (September 13, 2016)
| Page Range | 62918-62919 | |
| FR Document | 2016-21930 |
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)] [Notices] [Pages 62918-62919] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21930] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2016-N145; FXES11120800000-167-FF08EVEN00] Receipt of Application for Renewal of Incidental Take Permit for Morro Shoulderband Snail; Kellaway Habitat Conservation Plan; Community of Los Osos, San Luis Obispo County, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit renewal application; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received an application from Thomas R. Kellaway and Doris J. Redmond (permittees), for a renewal of incidental take permit TE48316A (ITP) under the Endangered Species Act of 1973, as amended (Act). The requested a renewal would extend ITP expiration by 5 years from the date of reissuance. The existing ITP authorizes take of the federally endangered Morro shoulderband (=banded dune) snail (Helminthoglypta walkeriana) incidental to otherwise lawful activities associated with the construction of one residence on each of two separate but contiguous parcels in Los Osos, an unincorporated community of San Luis Obispo County. If renewed, the ITP would not authorize any additional take of the species. DATES: Written comments should be received on or before October 13, 2016. ADDRESSES: Obtaining Documents: You may obtain a copy of the HCP by writing to the Ventura Fish and Wildlife Ecological Services Office, Attn: Permit Number TE48316A, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, California 93003. We will make the HCP available for public inspection by appointment during normal business hours at the above address. Submitting Comments: 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. Comments may also be sent by facsimile to (805) 644-3958. FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife Biologist, Ventura Fish and Wildlife Office, at the above address or by calling (805) 644-1766. SUPPLEMENTARY INFORMATION: Background The U.S. Fish and Wildlife Service listed the Morro shoulderband (=banded dune) snail 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. 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)). [[Page 62919]] The Kellaway HCP area includes two existing legal parcels of 5.08 acres and 0.45 acre, legally described as Assessor Parcel Numbers 074- 022-042 and 074-483-052, respectively. Both are located between Seahorse Lane and San Leandro Court in the southwestern portion of the unincorporated community of Los Osos, San Luis Obispo County, California. The current ITP authorizes incidental take of Morro shoulderband snail that would result from direct impacts to 1.68 acres of coastal dune scrub, maritime chaparral, and ruderal habitat occupied by this species. Take would be incidental to the otherwise lawful construction of a single-family residence on each of the two parcels, along with limited habitat enhancement on the larger of the parcels. Incidental Take Permit The ITP was issued on September 21, 2011, and expires on September 20, 2016. The process to obtain a Coastal Development Permit from the California Coastal Commission took much longer than anticipated and required a project redesign. This redesign did not exceed the 1.68-acre development area or change the amount or form of take of Morro shoulderband snail currently authorized in the ITP. The permittees have requested no change to the covered species, covered activities, or HCP area and commit to fully implement the HCP. Measures to minimize the amount and form of take include the following: (1) Pre-construction and construction monitoring surveys for Morro shoulderband snail within the 1.68-acre impact area, (2) capture and moving of all identified individuals of Morro shoulderband snail into the conservation easement area by an individual in possession of a current valid recovery permit for the species, (3) installation of protective fencing, and (4) development and presentation of a contractor and employee training program for Morro shoulderband snail. Mitigation for unavoidable take of Morro shoulderband snail includes: (1) Preservation in perpetuity of 3.83 acres of coastal dune scrub and maritime chaparral habitats occupied by Morro shoulderband snail in a conservation easement that will preclude any use not consistent with resource management, (2) enhancement of 0.24 acres of disturbed coastal dune scrub within the conservation easement to increase its value and function for Morro shoulderband snail, (3) post-construction monitoring and maintenance of the habitat enhancement activities within conservation easement area for a period of 4 years to ensure its success, and (4) establishment of a Letter of Credit in the amount of $16,740 to ensure that adequate funding is available to implement all of the minimization and mitigation measures contained in the plan. Our Preliminary Determination The Service has made a preliminary determination that ITP renewal would not represent 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). As such, it will not have, individually or cumulatively, more than a negligible effect on the species covered in the HCP. Therefore, we have determined that the incidental take permit for this project is ``low effect'' and qualifies for categorical exclusion under the National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 and 43 CFR 46.210. Public Comments If you wish to comment on the permit renewal and/or HCP, 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: August 26, 2016. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2016-21930 Filed 9-12-16; 8:45 am] BILLING CODE 4333-15-P
![62918 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices
Application Permit
Applicant Species Location Activity Type of take
No. action
TE04398C Robert J. Arndt .... Indiana bat, northern long-eared Rangewide ... Conduct presence/absence sur- Capture, handle, radio- New.
bat. veys, document habitat use, tag, release.
conduct population monitoring,
evaluate impacts.
TE04399C Cleveland Mu- Snuffbox mussel (Epioblasma Ohio ............. Collection of dead specimens for Salvage ........................... New.
seum of Natural triquetra). museum research collection.
History.
TE02560A Timothy C. Carter Indiana bat, northern long-eared Rangewide ... Renew existing permit and amend Capture, handle, radio- Amend,
bat, gray bat. to add scientific research—white tag, release, survey renew.
nose syndrome (WNS) treat- within hibernacula; har-
ment trials. ass within the context
of WNS research.
TE06844A U.S. Environ- Endangered mussels ..................... Iowa, Kan- Collection of dead specimens for Salvage ........................... Renew.
mental Protec- sas, Mis- reference collection.
tion Agency. souri, Ne-
braska.
National Environmental Policy Act DEPARTMENT OF THE INTERIOR normal business hours at the above
address.
The proposed activities in the Fish and Wildlife Service Submitting Comments: Please address
requested permits qualify as categorical written comments to Stephen P. Henry,
[FWS–R8–ES–2016–N145;
exclusions under the National FXES11120800000–167–FF08EVEN00] Field Supervisor, Ventura Fish and
Environmental Policy Act, as provided Wildlife Office, U.S. Fish and Wildlife
by Department of the Interior Receipt of Application for Renewal of Service, 2493 Portola Road, Suite B,
implementing regulations in part 46 of Incidental Take Permit for Morro Ventura, CA 93003. Comments may also
title 43 of the CFR (43 CFR 46.205, Shoulderband Snail; Kellaway Habitat be sent by facsimile to (805) 644–3958.
46.210, and 46.215). Conservation Plan; Community of Los FOR FURTHER INFORMATION CONTACT: Julie
Osos, San Luis Obispo County, M. Vanderwier, Fish and Wildlife
Public Availability of Comments
California Biologist, Ventura Fish and Wildlife
We seek public review and comments AGENCY: Fish and Wildlife Service, Office, at the above address or by calling
on these permit applications. Please Interior. (805) 644–1766.
refer to the permit number when you ACTION: Notice of receipt of permit SUPPLEMENTARY INFORMATION:
submit comments. Comments and renewal application; request for
materials we receive in response to this Background
comments.
notice are available for public The U.S. Fish and Wildlife Service
inspection, by appointment, during SUMMARY: We, the U.S. Fish and listed the Morro shoulderband (=banded
normal business hours at the address Wildlife Service (Service), have received dune) snail as endangered on December
listed above in ADDRESSES. an application from Thomas R. 15, 1994 (59 FR 64613). Section 9 of the
Kellaway and Doris J. Redmond Act (16 U.S.C. 1531 et seq.) and its
Before including your address, phone (permittees), for a renewal of incidental
number, email address, or other implementing regulations prohibit the
take permit TE48316A (ITP) under the ‘‘take’’ of fish or wildlife species listed
personal identifying information in your Endangered Species Act of 1973, as
comment, you should be aware that as endangered or threatened. ‘‘Take’’ is
amended (Act). The requested a renewal defined under the Act to include the
your entire comment—including your would extend ITP expiration by 5 years following activities: ‘‘[T]o harass, harm,
personal identifying information—may from the date of reissuance. The existing pursue, hunt, shoot, wound, kill, trap,
be made publicly available at any time. ITP authorizes take of the federally capture, or collect, or to attempt to
While you can ask us in your comment endangered Morro shoulderband engage in any such conduct’’ (16 U.S.C.
to withhold your personal identifying (=banded dune) snail (Helminthoglypta 1532). However, under section
information from public review, we walkeriana) incidental to otherwise 10(a)(1)(B) of the Act, we may issue
cannot guarantee that we will be able to lawful activities associated with the permits to authorize incidental take of
do so. construction of one residence on each of listed species. ‘‘Incidental Take’’ is
two separate but contiguous parcels in defined by the Act as take that is
Authority Los Osos, an unincorporated incidental to, and not the purpose of,
We provide this notice under section community of San Luis Obispo County. carrying out of an otherwise lawful
10 of the ESA (16 U.S.C. 1531 et seq.). If renewed, the ITP would not authorize activity. Regulations governing
any additional take of the species. incidental take permits for threatened
Dated: September 7, 2016.
DATES: Written comments should be and endangered species are,
Lori H. Nordstrom, received on or before October 13, 2016. respectively, in the Code of Federal
Assistant Regional Director, Ecological ADDRESSES: Obtaining Documents: You Regulations at 50 CFR 17.32 and 17.22.
Services, Midwest Region. may obtain a copy of the HCP by writing Issuance of an incidental take permit
Lhorne on DSK30JT082PROD with NOTICES
[FR Doc. 2016–21929 Filed 9–12–16; 8:45 am] to the Ventura Fish and Wildlife also must not jeopardize the existence of
BILLING CODE 4333–15–P Ecological Services Office, Attn: Permit federally listed fish, wildlife, or plant
Number TE48316A, U.S. Fish and species. All species included in the
Wildlife Service, 2493 Portola Road, incidental take permit would receive
Suite B, Ventura, California 93003. We assurances under our ‘‘No Surprises’’
will make the HCP available for public regulations (50 CFR 17.22(b)(5) and
inspection by appointment during 17.32(b)(5)).
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![Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 62919
The Kellaway HCP area includes two success, and (4) establishment of a DEPARTMENT OF THE INTERIOR
existing legal parcels of 5.08 acres and Letter of Credit in the amount of
0.45 acre, legally described as Assessor $16,740 to ensure that adequate funding Bureau of Indian Affairs
Parcel Numbers 074–022–042 and 074– is available to implement all of the [167 A2100DD/AAKC001030/
483–052, respectively. Both are located minimization and mitigation measures A0A501010.999900]
between Seahorse Lane and San contained in the plan.
Leandro Court in the southwestern Renewal of Agency Information
portion of the unincorporated Our Preliminary Determination Collection for Acquisition of Trust
community of Los Osos, San Luis Land
Obispo County, California. The current The Service has made a preliminary
ITP authorizes incidental take of Morro determination that ITP renewal would AGENCY: Bureau of Indian Affairs,
shoulderband snail that would result not represent a major Federal action that Interior.
from direct impacts to 1.68 acres of will significantly affect the quality of ACTION: Notice; correction.
coastal dune scrub, maritime chaparral, the human environment within the
and ruderal habitat occupied by this meaning of section 102(2)(C) of the SUMMARY: The Bureau of Indian Affairs
species. Take would be incidental to the National Environmental Policy Act (BIA) published a notice in the Federal
otherwise lawful construction of a (NEPA). As such, it will not have, Register on August 30, 2016, requesting
single-family residence on each of the individually or cumulatively, more than the Office Management and Budget
two parcels, along with limited habitat a negligible effect on the species (OMB) renew the Agency Information
enhancement on the larger of the covered in the HCP. Therefore, we have Collection for Acquisition of Trust
parcels. determined that the incidental take Land, OMB Control Number 1076–0100.
permit for this project is ‘‘low effect’’ The notice contained an incorrect title.
Incidental Take Permit
and qualifies for categorical exclusion FOR FURTHER INFORMATION CONTACT: Ms.
The ITP was issued on September 21, Elizabeth K. Appel, Director, Office of
under the National Environmental
2011, and expires on September 20, Regulatory Affairs & Collaborative
Policy Act (NEPA), as provided by 43
2016. The process to obtain a Coastal Action, telephone: (202) 273–4680,
Development Permit from the California CFR 46.205 and 43 CFR 46.210.
email: elizabeth.appel@bia.gov.
Coastal Commission took much longer Public Comments
than anticipated and required a project Correction
redesign. This redesign did not exceed If you wish to comment on the permit In the Federal Register of August 30,
the 1.68-acre development area or renewal and/or HCP, you may submit 2016, in FR Doc. 2016–20811 on page
change the amount or form of take of comments by any one of the methods in 59652, in the first column, correct the
Morro shoulderband snail currently ADDRESSES. title of the notice to read:
authorized in the ITP. The permittees
have requested no change to the covered Public Availability of Comments Renewal of Agency Information
species, covered activities, or HCP area Collection for Acquisition of Trust Land
Before including your address, phone
and commit to fully implement the number, email address, or other Elizabeth K. Appel,
HCP. Measures to minimize the amount
personal identifying information in your Director, Office of Regulatory Affairs and
and form of take include the following:
comment, you should be aware that Collaborative Action—Indian Affairs.
(1) Pre-construction and construction
monitoring surveys for Morro your entire comment, including your [FR Doc. 2016–21917 Filed 9–12–16; 8:45 am]
shoulderband snail within the 1.68-acre personal identifying information, may BILLING CODE 4337–15–P
impact area, (2) capture and moving of be made publicly available at any time.
all identified individuals of Morro While you can ask us in your comment
shoulderband snail into the to withhold your personal identifying INTERNATIONAL TRADE
conservation easement area by an information from public view, we COMMISSION
individual in possession of a current cannot guarantee that we will be able to [Investigation No. 337–TA–1017]
valid recovery permit for the species, (3) do so.
installation of protective fencing, and Certain Quartz Slabs and Portions
Authority
(4) development and presentation of a Thereof (II); Commission Decision Not
contractor and employee training We provide this notice under section To Review an Initial Determination
program for Morro shoulderband snail. 10 of the Act (16 U.S.C. 1531 et seq.) Terminating the Investigation Based
Mitigation for unavoidable take of and NEPA regulations (40 CFR 1506.6). Upon Withdrawal of the Complaint;
Morro shoulderband snail includes: (1) Termination of Investigation
Preservation in perpetuity of 3.83 acres Dated: August 26, 2016.
of coastal dune scrub and maritime Stephen P. Henry, AGENCY: U.S. International Trade
chaparral habitats occupied by Morro Field Supervisor, Ventura Fish and Wildlife Commission.
shoulderband snail in a conservation Office, Ventura, California. ACTION: Notice.
easement that will preclude any use not [FR Doc. 2016–21930 Filed 9–12–16; 8:45 am]
consistent with resource management, SUMMARY: Notice is hereby given that
BILLING CODE 4333–15–P
(2) enhancement of 0.24 acres of the U.S. International Trade
disturbed coastal dune scrub within the Commission has determined not to
review the presiding administrative law
Lhorne on DSK30JT082PROD with NOTICES
conservation easement to increase its
value and function for Morro judge’s (‘‘ALJ’’) initial determination
shoulderband snail, (3) post- (‘‘ID’’) (Order No. 2), which terminated
construction monitoring and the investigation on the basis of
maintenance of the habitat enhancement withdrawal of the complaint.
activities within conservation easement FOR FURTHER INFORMATION CONTACT: Jean
area for a period of 4 years to ensure its H. Jackson, Office of the General
VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1](https://thefederalregister.org/doc/81_FR_63095/page/2.svg)
Document Created: 2018-02-09 13:16:57
Document Modified: 2018-02-09 13:16:57
| 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 receipt of permit renewal application; request for comments. | |
| Dates | Written comments should be received on or before October 13, 2016. | |
| Contact | Julie M. Vanderwier, Fish and Wildlife | |
| FR Citation | 81 FR 62918 |
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