[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34344-34345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13969]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N114; FXES11120800000-145-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Morro Shoulderband 
Snail; Lewis-Barnes Parcel, Community of Los Osos, San Luis Obispo 
County, California

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 for a 10-year incidental take permit under the 
Endangered Species Act of 1973, as amended. The application addresses 
the potential for ``take'' of the federally endangered Morro 
shoulderband snail that is likely to occur incidental to the 
construction and maintenance of a single-family residence and 
implementation of a conservation strategy. We invite comments from the 
public on the application package, which includes a low-effect habitat 
conservation plan for the Morro shoulderband snail.

DATES: To ensure consideration, please send your written comments by 
July 16, 2014.

ADDRESSES: You may download a copy of the habitat conservation plan and 
draft environmental action statement and low-effect screening form 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 Stephen P. Henry, 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, Senior Fish and 
Wildlife Biologist, at the above address or by phone at (805) 644-1766.

SUPPLEMENTARY INFORMATION: We have received an application from Joaquin 
Lewis and Gwenda Barnes for a 10-year incidental take permit (ITP) 
under the Endangered Species Act (Act; 16 U.S.C. 1531 et seq.). The 
application addresses the potential for ``take'' of the federally 
endangered Morro shoulderband snail (Helminthoglypta walkeriana) that 
is likely to occur incidental to the construction and maintenance of a 
single-family residence and implementation of a conservation strategy 
on an existing legal single-family--zoned parcel in the unincorporated 
community of Los Osos, San Luis Obispo County, California. The 
applicants have committed to 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 package, which 
includes the low-effect HCP for the Morro shoulderband snail. This 
proposed action has been determined to be eligible for a categorical 
exclusion under National Environmental Policy Act (NEPA).

Background

    We listed the Morro shoulderband 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. The Act defines ``incidental take'' as take 
that is not the purpose of carrying out of an otherwise lawful 
activity. The Code of Federal Regulations provides those regulations 
governing incidental take permits for threatened and endangered species 
at 50 CFR 17.32 and 17.22. Issuance of an incidental take permit must 
not jeopardize the existence of federally listed fish, wildlife, or 
plant species.

The Applicants' Proposed Project

    Joaquin Lewis and Gwenda Barnes (hereafter, the applicants) are the 
owners of an existing residentially zoned 20,038-square-foot (0.46-
acre) parcel legally described as County of San Luis Obispo Assessor 
Parcel Number 074-483-013. It is located at 216 Madera Street in the 
western portion of Los Osos, an unincorporated community of San Luis 
Obispo County, California. The applicants have submitted a low-effect 
habitat conservation plan in support of their application for an ITP to 
address take of Morro shoulderband snail likely to occur as the result 
of direct impacts to up to 20,038 square feet (sf) (0.46 acres) of 
predominantly nonnative habitat occupied by the species. This take 
would be associated with the continued construction and maintenance of 
a single-family residence, along with implementation of the 
conservation strategy. 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 and maintenance 
of a single-family residence and associated infrastructure and 
landscaping.
    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 environmental training program for Morro shoulderband snail 
would be developed and implemented. To mitigate for unavoidable take, 
the applicants would contribute $4,500 to an impact-directed 
environmental account held and administered by the National Fish and 
Wildlife Foundation. The use of these funds is 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 $4,300, as needed, to ensure 
implementation of all of the minimization measures and reporting 
requirements 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, the Service would not issue an ITP, and the 
legal construction of a single-family residence would not occur. Absent 
the ITP, there would be no contribution of in-lieu fees

[[Page 34345]]

to effect recovery actions for the Morro shoulderband snail. Since the 
property is privately owned, there are ongoing economic considerations 
associated with continued ownership absent its intended use upon 
purchase, the primary of which is payment of associated taxes. The sale 
of this property for other than the currently zoned and identified 
purpose is not considered biologically meaningful or economically 
feasible. Because of economic considerations and because the proposed 
action results in a net benefit for the Morro shoulderband snail, the 
No Action Alternative has been rejected.
    The ``Project Redesign'' alternative would involve design of a 
project that would further reduce or avoid altogether take of Morro 
shoulderband snail. Construction permit PMT2009-01239 was issued to the 
former property owners in 2010. At that original time, take of the 
Morro shoulderband snail was not considered likely to result from 
project implementation. In accordance with the conditions of the 
construction permit, the building foundation and septic system for the 
single-family residence were completed in 2011. Because of the presence 
of the existing infrastructure, it is economically unfeasible to change 
the scope of the Lewis-Barnes project. For this reason, the project 
redesign alternative is also rejected.

Our Preliminary Determination

    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 for a low-effect 
HCP as defined by our Habitat Conservation Planning Handbook (November 
1996). Three criteria form the basis for our determination: (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. It is 
our preliminary determination that HCP approval and ITP issuance 
qualify for categorical exclusion under the NEPA (42 U.S.C. 4321 et 
seq.), as provided by the Department of the Interior Manual (516 DM 2 
Appendix 2 and 516 DM 8); however, we may revise our determination 
based upon review of public comments received in response to this 
notice.

Next Steps

    We will evaluate the permit application, including the HCP 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.

Public Review

    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. We will evaluate the permit application, including the HCP and 
comments we receive, to make a final determination regarding whether 
the application meets the requirements of section 10(a)(1)(B) 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 to issue the ITP. If the requirements are met, we will issue 
the permit to the applicants to authorize incidental take of the 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, HCP, and 
associated documents, you may submit comments by any one of the methods 
provided in ADDRESSES.

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(c) of the Act and the NEPA 
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6).

    Dated: June 10, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2014-13969 Filed 6-13-14; 8:45 am]
BILLING CODE 4310-55-P