[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52528-52529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21339]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N077; FXES11140800000-190-FF08EVEN00]


Los Osos Habitat Conservation Plan; Environmental Assessment and 
Receipt of Application; Community of Los Osos, San Luis Obispo County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from the County of San Luis Obispo for an incidental take 
permit under the Endangered Species Act of 1973, as amended. The 
permit, if issued, would authorize take of the federally endangered 
Morro shoulderband snail (Helminthoglypta walkeriana) and Morro Bay 
kangaroo rat (Dipodomys heermanni morroensis) and provide assurances 
for the federally endangered Indian Knob mountainbalm (Eriodictyon 
altissimum) and federally threatened Morro manzanita (Arctostaphylos 
morroensis). We invite public comment on the draft habitat conservation 
plan and a draft environmental assessment prepared in accordance with 
the National Environmental Policy Act of 1969, as amended.

DATES: We will receive public comments on the draft habitat 
conservation plan and draft environmental assessment until November 18, 
2019.

ADDRESSES: 
    Obtaining Documents: You may download a copy of the draft HCP and 
draft EA at http://www.fws.gov/ventura/ or you may request copies of 
the documents by U.S. mail (below) or by phone (see FOR FURTHER 
INFORMATION CONTACT).
    Submitting Written Comments: Please send your written comments 
using one of the following methods:
     U.S. Mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Leilani Takano, Assistant Field 
Supervisor, by phone at 805-677-3330, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or at the Ventura address (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: The County of San Luis Obispo (applicant) 
has applied to the U.S. Fish and Wildlife Service (Service) for an 
incidental take permit (ITP) under section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The applicant is requesting an ITP with a 25-year term, for 
incidental take of two animal species likely to result from 
implementation of activities covered by the applicant's habitat 
conservation plan (HCP), and seeking assurances for two plant species. 
The permit, if issued, would authorize take of the federally endangered 
Morro shoulderband snail (Helminthoglypta walkeriana) and Morro Bay 
kangaroo rat (Dipodomys heermanni morroensis) and provide assurances 
for the federally endangered Indian Knob mountainbalm (Eriodictyon 
altissimum) and federally threatened Morro manzanita (Arctostaphylos 
morroensis). Pursuant to the National Environmental Policy Act of 1969, 
as amended (NEPA; 42 U.S.C. 4321 et seq.), we advise the public of the 
availability of the proposed HCP and our draft environmental assessment 
(EA).

Background

    Section 9 of the ESA prohibits the take of fish or wildlife species 
listed as endangered; by regulation, the Service may extend the take 
prohibition to fish or wildlife species listed as threatened. ``Take'' 
is defined under the ESA 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 ESA, we may issue 
permits to authorize incidental take of listed species. The ESA defines 
``incidental take'' 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 in 
the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, 
respectively. Under the ESA, protections for federally listed plants 
differ from the protections afforded to federally listed animals. 
Issuance of an incidental take permit also must not jeopardize the 
existence of federally listed fish, wildlife, or plant species. The 
Permittee would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(b)(5)) and 17.32(b)(5)) regarding 
conservation activities for the Morro shoulderband snail, Morro Bay 
kangaroo rat, Indian Knob mountainbalm, and Morro manzanita.
    The proposed HCP includes measures intended to avoid, minimize, and 
mitigate take of the Morro shoulderband snail and Morro Bay kangaroo 
rat and impacts to Indian Knob mountainbalm and Morro manzanita 
(covered species) expected to occur incidental to otherwise lawful 
covered activities.
    The applicant is requesting coverage for incidental take and 
impacts resulting from the following categories of covered activities:
    1. Private development (new construction, remodels, defensible 
space),
    2. Capital improvement projects,
    3. Facilities operation and maintenance projects,
    4. Community wildfire protection plan, and
    5. Conservation program.
    Incidental take or impacts to the covered species resulting from 
the covered activities would be restricted to the 3,200-acre (ac) 
permit area, which includes the majority of Los Osos, an unincorporated 
community in western San Luis Obispo County. The permit area excludes 
all existing State park lands, with the exception of approximately 5 ac 
contiguous with Elfin Forest Reserve. Covered activities could result 
in the loss of up to 532 ac of habitat for the covered species present 
within the permit area.
    The proposed conservation program includes species-specific 
avoidance and minimization measures and the establishment of a preserve 
system for the covered species. The preserve system would be subject to 
monitoring, management, and protection in perpetuity. The conservation 
program would remain in step with take/impacts, and the assembly of the 
preserve system would occur throughout the permit term.

National Environmental Policy Act Compliance

    The EA analyzes the effects to the human environment for three 
project alternatives: No action, proposed action, and reduced take.
    Under the No-Action alternative, the Service would not issue the 
ITP and

[[Page 52529]]

there would be no implementation of the HCP. Operation and maintenance 
of existing infrastructure facilities would continue, as long as take 
of Morro shoulderband snail and Morro Bay kangaroo rat would not result 
from these activities. Any new development, including private 
development and capital improvement projects, with the potential to 
result in take of either animal species would need to seek 
authorization on an individual basis.
    Under the Proposed Action alternative, the Service would issue the 
ITP and the County would implement the HCP that addresses the covered 
species and covered activities. The maximum extent of area affected 
would be 532 ac within the permit area.
    Under the Reduced Take alternative, the Service would issue the ITP 
and the County would implement the HCP that addresses the proposed 
covered species and covered activities. While the permit area and 
permit term would remain the same, the maximum area affected would be 
266 ac, which represents 50 percent of the maximum amount under the 
Proposed Action alternative. There would be a commensurate reduction in 
conservation actions.

Public Review

    If you wish to comment on the draft HCP and draft EA, you may 
submit comments by one of the methods in ADDRESSES.
    Any comments we receive will become part of the decision record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, please be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can request in your comment that we withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Authority

    We provide this notice under section 10 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2019-21339 Filed 10-1-19; 8:45 am]
BILLING CODE 4333-15-P