Notice2024-24343
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
Primary source
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Published
October 22, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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. The requested renewal would extend the ITP by 5 years from the date of reissuance. The existing ITP authorizes take of the federally endangered Morro shoulderband 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. We request public comment on the application, which includes the permittee's habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84377-84379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24343]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2024-0139; FXES11140800000-234-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 availability; 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. The requested renewal would extend
the ITP by 5
[[Page 84378]]
years from the date of reissuance. The existing ITP authorizes take of
the federally endangered Morro shoulderband 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. We request public comment on the application,
which includes the permittee's habitat conservation plan (HCP), and on
the Service's preliminary determination that the proposed permitting
action may be eligible for a categorical exclusion pursuant to the
Council on Environmental Quality's National Environmental Policy Act
(NEPA) regulations, the Department of the Interior's (DOI) NEPA
regulations, and the DOI Departmental Manual. We invite comment from
the public and local, State, Tribal, and Federal agencies.
DATES: We must receive your written comments on or before November 21,
2024.
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-2024-0139 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by one of the following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0139.
<bullet> U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R8-ES-2024-0139; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Debora Kirkland, Fish and Wildlife
Biologist, Ventura Fish and Wildlife Office, at <a href="/cdn-cgi/l/email-protection#6026375836050e14151201293430200617134e070f16"><span class="__cf_email__" data-cfemail="3375640b65565d474641527a6763735544401d545c45">[email protected]</span></a>
(email) or 805-677-3321 (phone). 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 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
(ESA; 16 U.S.C. 1531 et seq.). The requested renewal would extend the
ITP 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. We request public comment
on the application, which includes the permittee's proposed habitat
conservation plan (HCP), and on the Service's preliminary determination
that the proposed renewed ITP qualifies as low effect, and may qualify
for a categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR
1501.4), the Department of the Interior's (DOI) NEPA regulations (43
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)). We
invite comment from the public and local, State, Tribal, and Federal
agencies.
Regulatory History
The Service listed the Morro shoulderband snail as endangered on
December 15, 1994 (59 FR 64613), and subsequently 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, which includes exceptions to incidental take
associated with native habitat enhancement and fire reduction
activities (February 3, 2022, 87 FR 6063). Under section 10(a)(1)(B) of
the ESA, 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 ITPs for endangered and
threatened species are in the Code of Federal Regulations at 50 CFR
17.22 and 17.32, respectively. 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)).
Habitat Conservation Plan Area
The Kellaway HCP area includes two contiguous existing legal
parcels, one that is 5.08 acres (ac) and the other 0.45 ac, legally
described as Assessor Parcel Numbers 074-022-042 and 074-483-025,
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 ac 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 History
We announced receipt of the application from Thomas R. Kellaway and
Doris J. Redmon (the applicants) for the initial ITP via a Federal
Register notice published on Friday, July 15, 2011 (76 FR 41811). We
invited comments from the public on the application, which included the
Kellaway Low-Effect Habitat Conservation Plan for the Morro
Shoulderband Snail (HCP), which we subsequently determined to be
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq; NEPA). We issued
the ITP on September 21, 2011.
On September 13, 2016, we announced receipt of an application for
renewal of the ITP, to extend ITP expiration by 5 years (81 FR 62918).
We renewed the permit, which did not authorize any additional take of
the species, and then subsequently renewed the ITP for another 5 years
on July 6, 2021.
The current ITP expires on September 20, 2024. The time required to
process and obtain a coastal development permit from the California
Coastal Commission was much longer than
[[Page 84379]]
anticipated and required a project redesign. However, this redesign did
not exceed the 1.68-ac 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.
Current Application
Measures in the HCP to minimize the amount and form of take include
(1) pre-construction and construction monitoring surveys for Morro
shoulderband snail within the 1.68-ac 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 ac 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 ac 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 contract with a qualified biologist
or entity to conduct the Morro shoulderband snail surveys and habitat
restoration and monitoring to provide assurances that all of the
minimization and mitigation measures contained in the plan are
implemented as proposed.
Our Preliminary Determination
The Service made the determination in 2016 that ITP renewal would
not represent a major Federal action that would significantly affect
the quality of the human environment within the meaning of section
102(2)(C) of NEPA (September 13, 2016, 81 FR 62918). The project and
anticipated impacts have not changed since that determination. As such,
the Service has made a preliminary determination that the applicant's
proposed project and the proposed mitigation and minimization measures
would individually and cumulatively have a minor effect on the species
and the human environment. Therefore, we have preliminarily determined
that renewal of the ESA section 10(a)(1)(B) permit would be a low-
effect ITP that individually or cumulatively would have a minor effect
on the species and may qualify for application of a categorical
exclusion pursuant to the Council on Environmental Quality's NEPA
regulations, DOI's NEPA regulations, and the DOI Departmental Manual. A
low-effect ITP is one that would result in (1) minor or nonsignificant
effects on species covered in the HCP; (2) nonsignificant effects on
the human environment; and (3) impacts that, when added together with
the impacts of other past, present, and reasonably foreseeable actions,
would not result in significant cumulative effects to the human
environment.
Next Steps
The Service will evaluate the application for permit renewal and
the comments received to determine whether to renew the ITP. After
considering the preceding and other matters, we will determine whether
the permit issuance criteria of section 10(a)(1)(B) of the ESA have
been met. If met, the Service will renew ITP number TE48316A for Thomas
R. Kellaway and Doris J. Redmond.
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. If you submit
a comment at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, such as your address, phone number, or email
address, you may request at the top of your document that we withhold
this information from public review. However, we cannot guarantee that
we will be able to do so.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2024-24343 Filed 10-21-24; 8:45 am]
BILLING CODE 4333-15-P
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