82 FR 37602 - Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Rothman Parcel, Community of Los Osos, San Luis Obispo County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 154 (August 11, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 154 (August 11, 2017)
| Page Range | 37602-37603 | |
| FR Document | 2017-16976 |
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)] [Notices] [Pages 37602-37603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16976] [[Page 37602]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2017-N093; FXES11140800000-178-FF08EVEN00] Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Rothman 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 Philip R. Rothman and Pamela J. Rothman 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 occur incidental to the construction and maintenance of a single-family residence on an existing legal parcel and associated infrastructure/ landscaping 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 September 11, 2017. 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) 677-3400. 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/landscaping. 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/landscaping on an existing, legal parcel in the Cabrillo Estates subdivision of Los Osos, County of San Luis Obispo, California. The HCP provides the support necessary for the Service to issue an 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 Rothman single-family residence would not be issued. The Rothman single-family residence could not legally be built, and the mitigation fee would not be available to contribute to recovery actions for Morro shoulderband snails. 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. The ``Project Redesign'' alternative would involve redesign of the Rothman project to 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 the 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 snails 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 and Incidental Take Permit Processing Handbook (December 2016). 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. [[Page 37603]] 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 7 of 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 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 publication date of this notice. Public Comments If you wish to comment on the permit application, HCP, and associated documents, you may submit comments by either 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: August 7, 2017. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2017-16976 Filed 8-10-17; 8:45 am] BILLING CODE 4333-15-P
![37602 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices
DEPARTMENT OF THE INTERIOR Act (Act; 16 U.S.C. 1531 et seq.). The not be available to contribute to
application addresses take of the recovery actions for Morro
Fish and Wildlife Service federally endangered Morro shoulderband snails. Since the property
[FWS–R8–ES–2017–N093; shoulderband snail (Helminthoglypta is privately owned, there are ongoing
FXES11140800000–178–FF08EVEN00] walkeriana) likely to occur incidental to economic considerations (e.g., payment
the construction and maintenance of a of property taxes) associated with
Low-Effect Habitat Conservation Plan single-family residence and associated continued ownership of a property and
for the Morro Shoulderband Snail; infrastructure/landscaping. The its intended use. The sale of the
Rothman Parcel, Community of Los requested permit term is 10 years, and property for purposes (e.g., as a
Osos, San Luis Obispo County, the permit would be subject to renewal. conservation easement) other than the
California We invite comments from the public on identified activity is not economically
the application package. Issuance of an feasible. For these reasons, the ‘‘No
AGENCY: Fish and Wildlife Service, ITP pursuant to this HCP has been Action’’ alternative has been rejected.
Interior. determined to be eligible for a The ‘‘Project Redesign’’ alternative
ACTION: Notice of availability; request categorical exclusion under NEPA. would involve redesign of the Rothman
for comment. project to reduce or avoid altogether
Background
SUMMARY: We, the U.S. Fish and take of Morro shoulderband snail. This
The Morro shoulderband snail was
Wildlife Service (Service), have received alternative was not selected, due to the
listed as endangered on December 15,
an application from Philip R. Rothman parcel’s small size and marginal value to
1994 (59 FR 64613). Section 9 of the Act
and Pamela J. Rothman for a 10-year the long-term conservation of the Morro
and its implementing regulations (16
incidental take permit (ITP) under the shoulderband snail of habitat on the
U.S.C. 1531 et seq.) prohibit the take of
Endangered Species Act of 1973, as site. A reduction or redesign of the
fish or wildlife species listed as
amended. The application addresses the project footprint would not meet the
endangered or threatened. Under the
potential for ‘‘take’’ of the federally Act, ‘‘take’’ is defined to include the applicants’ needs and would not
endangered Morro shoulderband snail following activities: ‘‘to harass, harm, significantly reduce the effects of the
likely to occur incidental to the pursue, hunt, shoot, wound, kill, trap, taking of Morro shoulderband snails
construction and maintenance of a capture, or collect, or to attempt to such that there would be a greater
single-family residence on an existing engage in any such conduct’’ (16 U.S.C. benefit to species survival and recovery.
legal parcel and associated 1532). Under section 10(a)(1)(B) of the For these reasons, the ‘‘Project
infrastructure/landscaping in the Act, we may issue permits to authorize Redesign’’ alternative has also been
unincorporated community of Los Osos, take of listed species if it is incidental rejected.
San Luis Obispo County, California. We to other lawful activities and not the Our Preliminary Determination
invite comments from the public on the purpose of carrying out that activity.
application package, which includes a The Code of Federal Regulations We have determined that the
draft low-effect habitat conservation provides those regulations governing applicants’ proposal will have a minor
plan (HCP) and draft low-effect incidental take permits for threatened or negligible effect on the Morro
screening form and environmental and endangered species at 50 CFR 17.32 shoulderband snail and that the HCP
action statement, which constitutes our and 17.22. Issuance of an incidental take qualifies for processing as a low-effect
proposed National Environmental permit must not jeopardize the plan consistent with our Habitat
Policy Act (NEPA) compliance. existence of any federally listed fish, Conservation Planning and Incidental
DATES: To ensure consideration, please wildlife, or plant species. Take Permit Processing Handbook
send your written comments by (December 2016). Three criteria form the
The Applicant’s Proposed Project basis for our determination: (1) The
September 11, 2017.
The project involves the construction proposed project as described in the
ADDRESSES: You may download a copy
and maintenance of a single-family HCP would result in minor or negligible
of the draft HCP and draft low-effect
residence and associated infrastructure/ effects on federally listed, proposed,
screening form and environmental
landscaping on an existing, legal parcel and/or candidate species and their
action statement on the internet at
in the Cabrillo Estates subdivision of habitats; (2) implementation of the HCP
http://www.fws.gov/ventura/, or you
Los Osos, County of San Luis Obispo, would result in minor negligible effects
may request copies of the documents by
California. The HCP provides the on other environmental values or
U.S. mail to our Ventura office, or by
support necessary for the Service to resources; and (3) HCP impacts,
phone (see FOR FURTHER INFORMATION
issue an ITP that would authorize take, considered together with those of other
CONTACT). Please address written
in this instance, of the Morro past, present, and reasonably
comments to Stephen P. Henry, Field
shoulderband snail (Helminthoglypta foreseeable future projects, would not
Supervisor, Ventura Fish and Wildlife
walkeriana). The County of San Luis result in cumulatively significant
Office, U.S. Fish and Wildlife Service,
Obispo requires demonstration that the effects. It is our preliminary
2493 Portola Road, Suite B, Ventura, CA
property owner is in compliance with determination that HCP approval and
93003. You may alternatively send
the Endangered Species Act of 1973, as ITP issuance qualify for categorical
comments by facsimile to (805) 644–
amended (Act), as part of their exclusion under the NEPA (42 U.S.C.
3958.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
permitting requirements. 4321 et seq.), as provided by the
FOR FURTHER INFORMATION CONTACT: Julie The draft HCP contains two Department of the Interior
M. Vanderwier, Senior Fish and alternatives to the proposed action: ‘‘No implementing regulations in part 46 of
Wildlife Biologist, at the Ventura office Action’’ and ‘‘Project Redesign.’’ Under title 43 of the Code of Federal
address or by phone at (805) 677–3400. the ‘‘No Action’’ alternative, an ITP for Regulations (43 CFR 46.205, 46.210, and
SUPPLEMENTARY INFORMATION: We have the Rothman single-family residence 46.215). However, we may revise our
received an application for an incidental would not be issued. The Rothman determination based upon review of
take permit (ITP) pursuant to section single-family residence could not legally public comments received in response
10(a)(1)(B) of the Endangered Species be built, and the mitigation fee would to this notice.
VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1](https://thefederalregister.org/doc/82_FR_37756/page/1.svg)
![Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37603
Next Steps DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION:
We will evaluate the permit Fish and Wildlife Service I. Public Comment Procedures
application, including the draft HCP A. How do I request copies of
[Docket No. FWS–HQ–IA–2017–0043;
and comments we receive, to determine applications or comment on submitted
FXIA16710900000–178–FF09A30000]
whether it meets the requirements of applications?
section 10(a)(1)(B) of the Act. We will Endangered and Threatened Species;
also evaluate whether issuance of the Receipt of Applications for Permit Send your request for copies of
ITP would comply with section 7 of the applications or comments and materials
Act by conducting an intra-Service AGENCY: Fish and Wildlife Service, concerning any of the applications to
consultation pursuant to section 7(a)(2). Interior. the contact listed under FOR FURTHER
ACTION: Notice of receipt of applications INFORMATION. Please include the Federal
Public Review for permit. Register notice publication date, the
PRT-number, and the name of the
We request comments from the public SUMMARY: We, the U.S. Fish and applicant in your request or submission.
regarding our preliminary determination Wildlife Service, invite the public to We will not consider requests or
that the applicant’s proposal will have comment on the following applications comments sent to an email or address
a minor or negligible effect on the Morro to conduct certain activities with not listed under ADDRESSES. If you
shoulderband snail and that the HCP endangered and threatened species. provide an email address in your
qualifies for processing as low effect. With some exceptions, the Endangered request for copies of applications, we
We will evaluate comments received Species Act (ESA) prohibits activities will attempt to respond to your request
and make a final determination with listed species unless Federal electronically.
regarding whether the application meets authorization is acquired that allows Please make your requests or
the requirements of section 10(a)(1)(B) such activities. comments as specific as possible. Please
of the Act. We will incorporate the DATES: We must receive comments or confine your comments to issues for
results of our intra-Service consultation, requests for documents on or before which we seek comments in this notice,
in combination with the above findings, September 11, 2017. and explain the basis for your
in our final analysis to determine ADDRESSES: Submitting Comments: You comments. Include sufficient
whether to issue the ITP. If all of our may submit comments by one of the information with your comments to
requirements are met, we will issue the following methods: allow us to authenticate any scientific or
ITP to the applicant. Permit issuance • Federal eRulemaking Portal: http:// commercial data you include.
would not occur less than 30 days after www.regulations.gov. Follow the The comments and recommendations
the publication date of this notice. instructions for submitting comments that will be most useful and likely to
Public Comments on Docket No. FWS–HQ–IA–2017–0043. influence agency decisions are: (1)
• U.S. mail or hand-delivery: Public Those supported by quantitative
If you wish to comment on the permit Comments Processing, Attn: Docket No. information or studies; and (2) Those
application, HCP, and associated FWS–HQ–IA–2017–0043; U.S. Fish and that include citations to, and analyses
documents, you may submit comments Wildlife Service, MS: BPHC; 5275 of, the applicable laws and regulations.
by either of the methods provided in Leesburg Pike, Falls Church, VA 22041– We will not consider or include in our
ADDRESSES. 3803. administrative record comments we
When submitting comments, please receive after the close of the comment
Public Availability of Comments indicate the name of the applicant and period (see DATES) or comments
the PRT# you are commenting on. We delivered to an address other than those
Before including your address, phone
will post all comments on http:// listed above (see ADDRESSES).
number, email address, or other www.regulations.gov. This generally
personal identifying information in your means that we will post any personal B. May I review comments submitted by
comment, you should be aware that information you provide us (see Public others?
your entire comment, including your Comments, below, for more Comments, including names and
personal identifying information, may information). street addresses of respondents, will be
be made publicly available at any time. Viewing Comments: Comments and available for public review at the street
While you can ask us in your comment materials we receive will be available address listed under ADDRESSES. The
to withhold your personal identifying for public inspection on http:// public may review documents and other
information from public view, we www.regulations.gov, or by information applicants have sent in
cannot guarantee that we will be able to appointment, between 8 a.m. and 4 support of the application unless our
do so. p.m., Monday through Friday, except allowing viewing would violate the
Authority Federal holidays, at the U.S. Fish and Privacy Act or Freedom of Information
Wildlife Service, Division of Act. Before including your address,
We provide this notice under section Management Authority, 5275 Leesburg phone number, email address, or other
10(c) of the Act and the NEPA public Pike, Falls Church, VA 22041–3803; personal identifying information in your
telephone 703–358–2095.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
involvement regulations (40 CFR comment, you should be aware that
1500.1(b), 1500.2(d), and 1506.6). FOR FURTHER INFORMATION CONTACT: your entire comment—including your
Dated: August 7, 2017.
Joyce Russell, Government Information personal identifying information—may
Specialist, Division of Management be made publicly available at any time.
Stephen P. Henry, Authority, U.S. Fish and Wildlife While you can ask us in your comment
Field Supervisor, Ventura Fish and Wildlife Service Headquarters, MS: IA; 5275 to withhold your personal identifying
Office, Ventura, California. Leesburg Pike, Falls Church, VA 22041– information from public review, we
[FR Doc. 2017–16976 Filed 8–10–17; 8:45 am] 3803; telephone 703–358–2023; cannot guarantee that we will be able to
BILLING CODE 4333–15–P facsimile 703–358–2280. do so.
VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1](https://thefederalregister.org/doc/82_FR_37756/page/2.svg)
Document Created: 2018-10-24 11:48:18
Document Modified: 2018-10-24 11:48:18
| 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 September 11, 2017. | |
| Contact | Julie M. Vanderwier, Senior Fish and | |
| FR Citation | 82 FR 37602 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR