[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41810-41811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17830]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2011-N147; 1112-0000-81440-F2]


Francis Proposed Low-Effect Habitat Conservation Plan for the 
Morro Shoulderband Snail, Los Osos, 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 Catherine M. and Ronald L. Francis 
(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 a single-family residence on a legal single-family-zoned 
parcel in the unincorporated 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. We invite comments from the 
public on the application, which includes the Francis Low-Effect 
Habitat Conservation Plan for the Morro Shoulderband Snail (HCP) that 
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, 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 existence 
of Federally listed plant or animal species.
    The applicants seek an incidental take permit for direct impacts to 
up to 0.57 acres (24,829 square feet) of highly disturbed coastal dune 
scrub and maritime chaparral occupied by Morro shoulderband snail in 
association with the construction and occupation of a single-family 
residence on an existing legal parcel. The project is proposed for a 
parcel legally described as Assessor Parcel Number 074-323-031 and 
located on the corner of Via Vistosa Drive and Bayview Heights Road in 
the southwestern portion of Los Osos, San Luis Obispo County, 
California. The applicants are requesting a permit for take of Morro 
shoulderband snail that would result from ``Covered Activities'' that 
include the construction and occupation of a single-family residence 
and associated landscaping/infrastructure.
    The applicants propose to minimize and mitigate take of Morro 
shoulderband snail associated with the covered activities by fully 
implementing the plan. The following measures will be implemented to 
minimize the effects of the taking: (1) Pre-construction and concurrent 
construction monitoring surveys for Morro shoulderband snail will be 
conducted within the 0.57-acre parcel; (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 to a 
receptor site 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. To mitigate for 
unavoidable take, the applicants will contribute $9,300 to an Impact-
Directed Environmental Account held and administered by the National 
Fish and Wildlife Foundation. These funds will be used to implement 
recovery tasks

[[Page 41811]]

identified in the Recovery Plan for the Morro Shoulderband Snail and 
Four Plants from Western San Luis Obispo County, California (USFWS 
1998). A total of $13,685 will be available to ensure that adequate 
funding is available to implement all of the minimization measures 
identified in the plan.
    In the proposed HCP, the applicants consider two alternatives to 
the proposed action: ``No Project'' and ``Project Re-design.'' Under 
the ``No Project'' 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 ``Project Re-design'' 
alternative, a small area where vegetation is not as degraded would be 
conserved and placed in an open space easement intended to protect 
resource values. While this alternative could reduce take of the Morro 
shoulderband snail, it was not selected because the parcel is small, is 
located in a residential neighborhood, and contains only degraded, 
fragmented native habitat. The likely location for the conservation 
easement would be in the northern portion of the parcel; however, this 
area would likely serve as a sink for Morro shoulderband snails rather 
than contribute to their recovery.
    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. We 
will use the results of this consultation, in combination with the 
above findings, in our final analysis to determine whether or not to 
issue the ITP. If the requirements are met, we will issue an ITP 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 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 1996 Habitat Conservation Planning 
Handbook. 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 section 10(a)(1)(B) permit would comply with section 7 
of the Act by conducting intra-Service section 7 consultation for the 
plan. We will use the results of these consultations, 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. 2011-17830 Filed 7-14-11; 8:45 am]
BILLING CODE 4310-55-P