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)

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.

[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]]

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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.

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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