[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41811-41813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17829]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2011-N146; 1112-0000-81440-F2]


Kellaway Proposed Low-Effect Habitat Conservation Plan for the 
Morro Shoulderband Snail, San Luis Obispo County, CA

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 Thomas R. Kellaway and Doris J. Redmon 
(applicants) for a 5-year incidental take permit under the Endangered 
Species Act of 1973, as amended (Act). The application addresses the 
potential for ``take'' of the Federally endangered Morro shoulderband 
snail (Helminthoglypta walkeriana) incidental to the construction and 
occupation of two single-family residences, one on each of two legal 
parcels occupied by the species in the community of Los Osos, San Luis 
Obispo County, California. The applicants would implement a 
conservation program to minimize and mitigate project activities as 
described in their low-effect habitat conservation plan (plan). We 
invite comments from the public on the application, which includes the 
Kellaway Low-Effect Habitat Conservation Plan for the Morro 
Shoulderband Snail (HCP), which has been determined to be eligible for 
a Categorical Exclusion under the National Environmental Policy Act of 
1969, as amended (NEPA).

DATES: To ensure consideration, please send your written comments by 
August 15, 2011.

ADDRESSES: You may download a copy of the HCP, draft Environmental 
Action Statement, Low-Effect Screening Form,

[[Page 41812]]

and related documents on the Internet at http://www.fws.gov/ventura/, 
or you may request documents by U.S. mail or phone (see below). Please 
address written comments to Diane K. Noda, 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, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Background

    The Morro shoulderband (banded dune) snail was listed by the U.S. 
Fish and Wildlife Service 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.
    However, take of listed plants is not prohibited under the Act 
unless such take would violate State law. As such, take of plants 
cannot be authorized under an incidental take permit. Plant species may 
be included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. All species included 
in the incidental take permit would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(55) and 17.32(b)(5)). In 
addition to meeting other criteria, actions undertaken through 
implementation of the HCP must not jeopardize the continued existent of 
Federally listed plant or animal species.
    The applicants seek an incidental take permit for direct impacts to 
1.68 acres of coastal dune scrub, maritime chaparral, and ruderal 
habitat occupied by Morro shoulderband snail in association with the 
construction and occupation of a single-family residence on each of two 
existing parcels. The project is proposed for separate 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 applicants are requesting a permit for take of Morro 
shoulderband snail that would result from the ``Covered Activities'' 
that include the construction and occupation of two single-family 
residences and habitat enhancement activities.
    The applicants propose to minimize, and mitigate take of Morro 
shoulderband snail associated with the covered activities by fully 
implementing the plan. The project was redesigned to reduce the impact 
footprint such that known locations of live Morro shoulderband snail 
could be avoided. The following measures will be implemented to 
minimize the effects of the taking: (1) Pre-construction and 
construction monitoring surveys for Morro shoulderband snail will be 
conducted within the 1.68-acre impact area, (2) all identified 
individuals of Morro shoulderband snail will be relocated by an 
individual in possession of a current valid recovery permit for the 
species into the conservation easement area out of harm's way, (3) 
installation of protective fencing, and (4) development and 
presentation of a contractor and employee training program for Morro 
shoulderband snail. The following measures will be implemented to 
mitigate for unavoidable take: (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, and (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. A Letter of Credit in the 
amount of $16,740 will be established to ensure that adequate funding 
is available to implement all of the minimization and mitigation 
measures contained in the plan.
    In the proposed HCP, the applicants consider two alternatives to 
the proposed action: ``No Action'' and ``Alternate Design.'' Under the 
``No Action'' alternative, current conditions would be maintained, the 
HCP for Morro shoulderband snail would not be implemented, and the 
Service would not issue an ITP. Under the ``Alternate Design'' 
alternative, the project would be redesigned to reduce take. Because 
the entire property contains coastal scrub that provides habitat for 
Morro shoulderband snail, it is not feasible to design the project to 
avoid take. Further reducing the footprint of the houses would not meet 
the client's needs and would not significantly reduce impacts to the 
species. For these reasons, this redesign alternative has been 
rejected.
    We are requesting comments on our preliminary determination that 
the applicants' proposal will have a minor or negligible effect on the 
Morro shoulderband snail and that the plan qualifies as a low-effect 
HCP as defined by our Habitat Conservation Planning Handbook (November 
1996). We base our determinations on three criteria: (1) Implementation 
of 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. In our analysis of these criteria, 
we have made a preliminary determination that the approval of the HCP 
and issuance of an ITP qualify for categorical exclusions under the 
NEPA (42 U.S.C. 4321 et seq.), as provided by the Department of 
Interior Manual (516 DM 2 Appendix 2 and 516 DM 8); however, based upon 
our review of public comments that we receive in response to this 
notice, this preliminary determination may be revised.

Next Steps

    We will evaluate the permit application, including the plan and 
comments we receive, to determine whether the application meets the 
requirements of Section 10(a) 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 Section 7 consultation for the plan.

[[Page 41813]]

Public Review

    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). We are requesting comments on our determination that the 
applicants' proposal will have a minor or negligible effect on the 
Morro shoulderband snail and that the plan qualifies as a ``low-
effect'' HCP as defined by our Habitat Conservation Planning Handbook 
(November 1996). We will evaluate the permit application, including the 
plan and comments we receive, to determine whether the application 
meets the requirements of section 10(a) of the Act. We will use the 
results of our intra-Service consultation, in combination with the 
above findings, in our final analysis to determine whether or not to 
issue the permits. If the requirements are met, we will issue a permit 
to the applicants for the incidental take of Morro shoulderband snail. 
We will make the final permit decision no sooner than 30 days after the 
date of this notice.

Public Comments

    If you wish to comment on the permit applications, plans, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, e-mail 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: July 11, 2011.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2011-17829 Filed 7-14-11; 8:45 am]
BILLING CODE 4310-55-P