[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54605-54607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21823]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2010-N214; 1112-0000-81440-F2; FXES11120800000F2-123-
FF08EVEN00]


Longworth Low-Effect Habitat Conservation Plan for the Morro 
Shoulderband Snail, Community of Los Osos, San Luis Obispo County, CA

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 Scott and Rita Longworth for a 10-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 that is likely to 
occur incidental to the construction, maintenance, and occupation of a 
single-family residence on a legally created 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 that are likely to result in 
take of the Morro shoulderband snail as described in their plan. We 
invite comments from the public on the application, which includes the 
Longworth Low-Effect Habitat Conservation Plan for the Morro 
Shoulderband Snail. This proposed action 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 
October 5, 2012.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft environmental action statement and low-effect screening form, and 
related documents on the Internet at http://www.fws.gov/ventura/, or 
you may request copies of the 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 snail (= banded dune snail; Helminthoglypta 
walkeriana) was listed by the Service 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. ``Take'' is 
defined under the Act 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); 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 not the purpose of carrying out of an otherwise 
lawful activity. Regulations governing incidental take permits for 
threatened and endangered species are provided in the Code of Federal 
Regulations at 50 CFR 17.32 and 17.22. Issuance of an

[[Page 54606]]

incidental take permit must not jeopardize the existence of federally 
listed fish, wildlife, or plant species.
    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, including 
plants, covered by the incidental take permit receive assurances under 
our ``No Surprises'' regulations (50 CFR 17.22(b)(55) and 17.32(b)(5)). 
In addition to meeting other specific criteria, actions undertaken 
through implementation of the HCP must not jeopardize the continued 
existent of federally listed animal or plant species.The applicants 
have submitted a low-effect habitat conservation plan (HCP) in support 
of their application for an incidental take permit (ITP) that would 
address take of Morro shoulderband snail that is likely to occur as the 
result of direct impacts to up to 0.46 acre (20,038 square feet) of 
disturbed and intact coastal dune scrub occupied by the species. Take 
would be associated with the construction, maintenance, and occupation 
of a single-family residence on an existing parcel legally described as 
Assessor Parcel Number 074-483-036 and located at the eastern terminus 
of Madera Street Road in western portion of Los Osos, an unincorporated 
community of San Luis Obispo County, California. The applicants are 
requesting a permit for take of Morro shoulderband snail that would 
result from ``covered activities'' in the HCP that include the 
construction, maintenance, 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 HCP. The following measures would be implemented to 
minimize the effects of the taking: (1) Pre-construction and concurrent 
construction monitoring surveys for Morro shoulderband snail would be 
conducted; (2) all identified individuals of any life stage of Morro 
shoulderband snail would be captured and moved out of harm's way to a 
Service-approved receptor site by an individual in possession of a 
current valid recovery permit for the species; and (3) a contractor and 
employee training program for Morro shoulderband snail would be 
developed and presented. To mitigate for unavoidable take, the 
applicants would contribute $10,200 to an impact-directed environmental 
account held and administered by the National Fish and Wildlife 
Foundation. These funds would be used to implement recovery tasks 
identified in the Recovery Plan for the Morro Shoulderband Snail and 
Four Plants from Western San Luis Obispo County, California (USFWS 
1998). The applicants would fund up to $16,710, as needed, to ensure 
implementation of all of the minimization measures identified in the 
HCP.
    In the proposed HCP, the applicants consider two alternatives to 
the proposed action: ``No Action'' and ``Project Design.'' Under the 
``No Action'' alternative, an ITP for the Longworth single-family 
residence would not be issued. The Longworth single-family residence 
would not be built, and a contribution of in-lieu fees would not be 
provided to effect recovery actions for Morro shoulderband snail. Since 
the property is privately owned, there are ongoing economic 
considerations associated with continued ownership without use, which 
include payment of associated taxes. The sale of the properties for 
purposes other than the identified activity is not economically 
feasible. Because of economic considerations and because the proposed 
action results in a net benefit for the covered species, the Morro 
shoulderband snail, the No Action Alternative has been rejected.
    Under the ``Project Redesign'' alternative, the project would be 
redesigned to avoid or further reduce take of Morro shoulderband snail. 
Because the coastal dune scrub occupied by Morro shoulderband snail is 
in the center of the property, and 6,252 square feet (31 percent) of 
the parcel along the eastern boundary is constrained by an easement 
where no structures may be placed, it is not feasible to implement a 
project such that take could be avoided. Further reducing the footprint 
of the house would not meet the applicants' needs and would not 
significantly reduce impacts to Morro shoulderband snail such that 
there would be a greater benefit to the species. For these reasons, the 
alternate design alternative has also 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 exclusion 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)(1)(B) of the Act. We will also evaluate 
whether issuance of the ITP would comply with section 7(a)(2) of the 
Act by conducting an intra-Service Section 7 consultation for the plan.

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 neglible effect on the Morro 
shoulderband snail and that the plan qualifies as a low-effect HCP. 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)(1)(B) of the Act. We will use the results of our 
internal 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 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 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.

[[Page 54607]]

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 of the Act 
(16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: August 29, 2012.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2012-21823 Filed 9-4-12; 8:45 am]
BILLING CODE 4310-55-P