[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58603-58604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18480]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0124; FXES11140800000-234-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Three Draft 
Habitat Conservation Plans and Associated Draft Categorical Exclusions 
for Development of Single-Family Residences; Los Osos, San Luis Obispo 
County, CA

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 (Service), have 
received three applications for incidental take permits (ITPs) for the 
federally threatened Morro shoulderband snail under the Endangered 
Species Act of 1973, as amended. Each of three applicants submitted a 
permit application which, if issued, would authorize take of the Morro 
shoulderband snail incidental to activities associated with development 
of a single-family residence in Los Osos, San Luis Obispo County, 
California. As part of the application for an ITP, each applicant 
submitted a draft habitat conservation plan for their respective 
project. For each proect, The Service prepared a draft low-effect 
screening form and environmental action statement in accordance with 
the National Environmental Policy Act to evaluate the potential effects 
to the natural and human environment resulting from issuing an ITP to 
each applicant for their project. We invite the public and local, 
State, Tribal, and Federal agencies to comment on these documents.

DATES: Written comments should be received on or before September 27, 
2023.

ADDRESSES: Obtaining Documents: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection online in Docket No. FWS-R8-ES-2023-
0124 at https://www.regulations.gov. Submitting Written Comments: 
Please send us your written comments using one of the following 
methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0124.
     U.S. mail: Public Comments Processing; Attn: FWS-R8-ES-
2023-0124; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg 
Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, by email at [email protected] or via phone at (805) 448-
7484. Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received three applications for incidental take permits 
(ITPs) under the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The applicants have developed draft habitat 
conservation plans (HCPs) for the respective projects that include 
measures to mitigate and avoid/minimize impacts to the federally 
threatened Morro shoulderband snail (Helminthoglypta walkeriana). Each 
of the permits, if granted, would authorize take of the Morro 
shoulderband snail incidental to otherwise lawful activities associated 
with construction of single-family residences within the community of 
Los Osos in San Luis Obispo County, California. In addition, two of the 
HCPs anticipate impacts to the federally threatened Morro manzanita 
(Arctostaphylos morroensis). The Service prepared three draft screening 
forms in accordance with the National Environmental Policy Act of 1969 
(NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential effects to the 
natural and human environment resulting from issuing the ITPs and 
implementing the draft HCPs, in order to determine if the actions fit 
within the criteria for categorical exclusions under NEPA. We invite 
public comment on all of these documents.

Background

    The Service listed the Morro manzanita as threatened on December 
15, 1994 (59 FR 64613), and listed the Morro shoulderband snail as 
endangered on December 15, 1994 (65 FR 64613), and reclassified the 
Morro shoulderband snail from endangered to threatened on February 3, 
2022 (87 FR 6063). Section 9 of the ESA prohibits ``take'' of fish and 
wildlife species listed as endangered (16 U.S.C. 1538), where take is 
defined 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). The take prohibitions of 
section 9 are extended to species listed as threatened at the 
discretion of the Secretary of the Department of the Interior, and were 
extended to Morro shoulderband snail with exceptions. The Service 
published a 4(d) rule that includes exceptions to incidental take 
associated with native habitat enhancement and fire reduction 
activities (87 FR 6063).
    Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we 
may issue permits to authorize take of listed fish and wildlife species 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing incidental take 
permits for endangered and threatened species are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively. 
Issuance of an ITP also must not jeopardize the existence of federally 
listed fish, wildlife, or plant species, pursuant to section 7 of the 
ESA and 50 CFR 402.02. The permittee would receive assurances under our 
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Proposed Activities

    Each applicant has applied for a permit for incidental take of the 
Morro shoulderband snail. The take would occur in association with 
activities associated with development of single-family residences and 
ancillary features on lots zoned for residential use within the 
community of Los Osos in San Luis Obispo County, California.
    The respective HCPs include avoidance and minimization measures for 
the Morro shoulderband snail and mitigation for unavoidable loss of 
habitat that is occupied by the species. As mitigation for the loss of 
suitable habitat, the applicants propose mitigation that will support 
the recovery goals of the species such as restoration and protection of 
habitat.

[[Page 58604]]

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 Endangered 
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations 
(50 CFR 17.22 and 17.32) and National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2023-18480 Filed 8-25-23; 8:45 am]
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