83 FR 40782 - Receipt of Application Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Phillips Single-Family Residence, Community of Los Osos, San Luis Obispo County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 159 (August 16, 2018)

We, the U.S. Fish and Wildlife Service (Service), have received an application from Richard Phillips for an incidental take permit under the Endangered Species Act of 1973, as amended. The permit would authorize take of the federally endangered Morro shoulderband snail that would occur incidental to otherwise lawful activities associated with the construction and maintenance of a single-family residence and associated uses addressed in the draft low-effect habitat conservation plan prepared for the project. We invite public comment.

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40782-40783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N025; FXES11140800000-189-FF08EVEN00]


Receipt of Application Incidental Take Permit; Draft Low-Effect 
Habitat Conservation Plan for the Morro Shoulderband Snail; Phillips 
Single-Family Residence, 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 (Service), have 
received an application from Richard Phillips for an incidental take 
permit under the Endangered Species Act of 1973, as amended. The permit 
would authorize take of the federally endangered Morro shoulderband 
snail that would occur incidental to otherwise lawful activities 
associated with the construction and maintenance of a single-family 
residence and associated uses addressed in the draft low-effect habitat 
conservation plan prepared for the project. We invite public comment.

DATES: Written comments should be received on or before September 17, 
2018.

ADDRESSES: To obtain documents: You may download a copy of the draft 
habitat conservation plan and draft low-effect screening form and 
environmental action statement at http://www.fws.gov/ventura/, or you 
may request copies of the documents by sending U.S. mail to our Ventura 
office, or by phone (see FOR FURTHER INFORMATION CONTACT).
    To submit written comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Send your comments to: Stephen P. Henry, Field 
Supervisor, Ventura Fish and Wildlife Office, U.S.

[[Page 40783]]

Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 
93003.
     Facsimile: Fax your comments to 805-644-3958.

FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife 
Biologist, 805-677-3400 (phone), or at the Ventura address in 
ADDRESSES.

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 (ESA; 16 U.S.C. 1531 et seq.). The application 
addresses take of the federally endangered Morro shoulderband snail 
(Helminthoglypta walkeriana) that would occur incidental to the 
construction and maintenance of a single-family residence and 
associated uses. The requested permit term is 10 years and the permit 
would be subject to renewal. Issuance of an ITP pursuant to this 
habitat conservation plan (HCP) has been determined to be eligible for 
a categorical exclusion under the National Environmental Policy Act 
(NEPA; 42 U.S.C. 4321 et seq.). We invite comments from the public on 
the draft HCP, draft low-effect screening form, and environmental 
action statement.

Background

    The Morro shoulderband snail was listed as endangered on December 
15, 1994 (59 FR 64613). Section 9 of the ESA and its implementing 
regulations prohibit the take of fish or wildlife species listed as 
endangered or threatened. Under the ESA, ``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 ESA, 
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 regulations 
governing incidental take permits for endangered and threatened species 
at 50 CFR 17.22 and 17.32, respectively. Issuance of an ITP must not 
jeopardize the existence of any federally listed fish, wildlife or 
plant species. Under the ESA, protections for federally listed plants 
differ from the protections afforded to federally listed animals. The 
permittee would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)) for species included 
in the ITP.

Applicant's Proposed Activities

    The proposed project involves the construction and maintenance of a 
single-family residence and associated uses on an existing, legal, one 
acre parcel in the unincorporated community of Los Osos, County of San 
Luis Obispo, California. The take would occur in association with site 
preparation activities necessary for construction. The HCP includes 
minimization measures for the covered species and compensation for 
unavoidable take of the species through payment of a fee to an Impact-
Directed Environmental Account held by the National Fish and Wildlife 
Foundation. Collected fees from this account will fund recovery actions 
for Morro shoulderband snail identified in the 1998 recovery plan for 
this species and four plant species from western San Luis Obispo 
County. The HCP supports an application to the Service seeking issuance 
of an ITP that would authorize take of the Morro shoulderband snail. 
The County of San Luis Obispo requires demonstration that property 
owners are in compliance with the ESA regarding Morro shoulderband 
snail as part of their issuance of County permits that would allow land 
development in Los Osos.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the ITP is neither a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.,) nor that it will, 
individually or cumulatively, have more than a negligible effect on 
Morro shoulderband snail, the only species covered in the HCP. 
Therefore, the permit qualifies for a categorical exclusion under NEPA.

Public Comments

    If you wish to comment on the draft HCP and associated documents, 
you may submit comments by one of the methods in ADDRESSES.
    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 ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: August 10, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-17663 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P