[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62918-62919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21930]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 [FWS-R8-ES-2016-N145; FXES11120800000-167-FF08EVEN00]


Receipt of Application for Renewal of Incidental Take Permit for 
Morro Shoulderband Snail; Kellaway Habitat Conservation Plan; Community 
of Los Osos, San Luis Obispo County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit renewal application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Thomas R. Kellaway and Doris J. Redmond 
(permittees), for a renewal of incidental take permit TE48316A (ITP) 
under the Endangered Species Act of 1973, as amended (Act). The 
requested a renewal would extend ITP expiration by 5 years from the 
date of reissuance. The existing ITP authorizes take of the federally 
endangered Morro shoulderband (=banded dune) snail (Helminthoglypta 
walkeriana) incidental to otherwise lawful activities associated with 
the construction of one residence on each of two separate but 
contiguous parcels in Los Osos, an unincorporated community of San Luis 
Obispo County. If renewed, the ITP would not authorize any additional 
take of the species.

DATES: Written comments should be received on or before October 13, 
2016.

ADDRESSES: Obtaining Documents: You may obtain a copy of the HCP by 
writing to the Ventura Fish and Wildlife Ecological Services Office, 
Attn: Permit Number TE48316A, U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite B, Ventura, California 93003. We will make the HCP 
available for public inspection by appointment during normal business 
hours at the above address.
    Submitting Comments: 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. 
Comments may also be sent by facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife 
Biologist, Ventura Fish and Wildlife Office, at the above address or by 
calling (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Fish and Wildlife Service listed the Morro shoulderband 
(=banded dune) snail 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. All species included 
in the incidental take permit would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

[[Page 62919]]

    The Kellaway HCP area includes two existing 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 current ITP authorizes incidental take of Morro 
shoulderband snail that would result from direct impacts to 1.68 acres 
of coastal dune scrub, maritime chaparral, and ruderal habitat occupied 
by this species. Take would be incidental to the otherwise lawful 
construction of a single-family residence on each of the two parcels, 
along with limited habitat enhancement on the larger of the parcels.

Incidental Take Permit

    The ITP was issued on September 21, 2011, and expires on September 
20, 2016. The process to obtain a Coastal Development Permit from the 
California Coastal Commission took much longer than anticipated and 
required a project redesign. This redesign did not exceed the 1.68-acre 
development area or change the amount or form of take of Morro 
shoulderband snail currently authorized in the ITP. The permittees have 
requested no change to the covered species, covered activities, or HCP 
area and commit to fully implement the HCP. Measures to minimize the 
amount and form of take include the following: (1) Pre-construction and 
construction monitoring surveys for Morro shoulderband snail within the 
1.68-acre impact area, (2) capture and moving of all identified 
individuals of Morro shoulderband snail into the conservation easement 
area by an individual in possession of a current valid recovery permit 
for the species, (3) installation of protective fencing, and (4) 
development and presentation of a contractor and employee training 
program for Morro shoulderband snail. Mitigation for unavoidable take 
of Morro shoulderband snail includes: (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, (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, and (4) establishment of 
a Letter of Credit in the amount of $16,740 to ensure that adequate 
funding is available to implement all of the minimization and 
mitigation measures contained in the plan.

Our Preliminary Determination

    The Service has made a preliminary determination that ITP renewal 
would not represent a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of the National Environmental Policy Act (NEPA). As 
such, it will not have, individually or cumulatively, more than a 
negligible effect on the species covered in the HCP. Therefore, we have 
determined that the incidental take permit for this project is ``low 
effect'' and qualifies for categorical exclusion under the National 
Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 and 43 
CFR 46.210.

Public Comments

    If you wish to comment on the permit renewal and/or HCP, you may 
submit comments by any one of the methods 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 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: August 26, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-21930 Filed 9-12-16; 8:45 am]
 BILLING CODE 4333-15-P