83 FR 58590 - Habitat Conservation Plan for the Morro Shoulderband Snail; Categorical Exclusion for the Seascape Place 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 224 (November 20, 2018)

We, the U.S. Fish and Wildlife Service (Service), have received an application from Drs. Matthew Lotysch and Claire Amurao 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 incidental to otherwise lawful activities associated with the construction of a single-family residence addressed in the draft habitat conservation plan prepared for the project. We invite public comment.

[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58590-58591]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25222]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N096; FXES11140800000-189-FF08EVEN00]


Habitat Conservation Plan for the Morro Shoulderband Snail; 
Categorical Exclusion for the Seascape Place 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 Drs. Matthew Lotysch and Claire Amurao 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 incidental to otherwise lawful activities 
associated with the construction of a single-family residence addressed 
in the draft habitat conservation plan prepared for the project. We 
invite public comment.

DATES: Written comments should be received on or before December 20, 
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. 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, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicants have developed a draft habitat conservation plan for the 
project that includes measures to mitigate and avoid/minimize impacts 
to the federally endangered Morro shoulderband snail (Helminthoglypta 
walkeriana). The permit would authorize take of the Morro shoulderband 
snail incidental to otherwise lawful activities associated with the 
Seascape Place Single-Family Residence Habitat Conservation Plan (HCP). 
We invite public comment on the application, 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. ``Take'' is defined under the ESA 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 ESA, we may issue permits to authorize incidental take of listed 
species. ``Incidental take'' is defined by the ESA 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 in the Code of Federal 
Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively. Under the 
ESA, protections for federally listed plants differ from the 
protections afforded to federally listed animals. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. The permittees would 
receive assurances under our ``No Surprises''

[[Page 58591]]

regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) regarding 
conservation activities for the Morro shoulderband snail.

Applicants' Proposed Activities

    The applicants have applied for a permit for incidental take of the 
Morro shoulderband snail. Take is likely to occur in association with 
activities necessary to construct a single-family residence. The site 
contains 2.79 acres of suitable upland habitat for the Morro 
shoulderband snail, all of which is in critical habitat designated for 
the species. The HCP includes measures to minimize take of Morro 
shoulderband snail in the form of injury and mortality. Mitigation for 
unavoidable take of the species consists of the permanent protection of 
1.37 acres of suitable and occupied onsite habitat as a conservation 
easement to be dedicated to the County of San Luis Obispo.

Our Preliminary Determination

    The Service made a preliminary determination that issuance of the 
incidental take permit 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 will 
it individually or cumulatively have more than a negligible effect on 
the species covered in the HCP. The Service considers the effects of 
the taking of the Morro shoulderband snail to be minor as the affected 
area is small (approximately 1.42 acres) and includes the permanent 
protection of 1.37 acres of suitable, occupied habitat in a 
conservation easement. Therefore, based on this preliminary 
determination, the permit qualifies for a categorical exclusion under 
NEPA.

Public Comments

    If you wish to comment on the permit application, 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: November 9, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-25222 Filed 11-19-18; 8:45 am]
BILLING CODE 4333-15-P