Habitat Conservation Plan for the Morro Shoulderband Snail; Sweet Springs Nature Preserve, Community of Los Osos, San Luis Obispo County, California, 21374-21376 [2016-08238]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21374-21376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08238]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N065; FXES11120800000-156-FF08EVEN00]


Habitat Conservation Plan for the Morro Shoulderband Snail; Sweet 
Springs Nature Preserve, Community of Los Osos, San Luis Obispo County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Morro Coast Audubon Society (MCAS) for a 
15-year incidental take permit (ITP) under the Endangered Species Act 
of 1973, as

[[Page 21375]]

amended. The application addresses the potential for ``take'' of the 
federally endangered Morro shoulderband snail likely to result 
incidental to the removal of nonnative vegetation, restoration of 
native coastal dune scrub habitat, construction and ongoing uses of a 
coastal access trail, and routine maintenance of preserve lands on 
approximately 31 acres known as Sweet Springs Nature Reserve in the 
unincorporated community of Los Osos, San Luis Obispo County, 
California. We invite comments from the public on the application 
package, which includes a draft habitat conservation plan (HCP) and 
draft low-effect screening form and environmental action statement, 
which constitutes our proposed National Environmental Policy Act (NEPA) 
compliance.

DATES: To ensure consideration, please send your written comments by 
May 11, 2016.

ADDRESSES: You may download a copy of the draft HCP and draft low-
effect screening form and environmental action statement on the 
internet at https://www.fws.gov/ventura/, or you may request copies of 
the documents by U.S. mail to our Ventura office, or by phone (see FOR 
FURTHER INFORMATION CONTACT). 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 Ventura office address or by phone at (805) 
644-1766.

SUPPLEMENTARY INFORMATION: We have received an application from the 
MCAS for an ITP pursuant to section 10(a)(1)(B) of the Endangered 
Species Act (Act; 16 U.S.C. 1531 et seq.). The application addresses 
take of the federally endangered Morro shoulderband snail 
(Helminthoglypta walkeriana) likely to occur incidental to operation 
and maintenance of the existing preserve, habitat enhancement and 
restoration, enhanced public use, and invasive nonnative tree trimming/
removal within three existing legal parcels that total approximately 31 
acres collectively known as Sweet Springs Nature Preserve. The 
requested permit term is 15 years and the permit would be subject to 
renewal. We invite comments from the public on the application package. 
Issuance of an ITP pursuant to this HCP has been determined to be 
eligible for a categorical exclusion under NEPA.

Background

    The Morro shoulderband snail was listed 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. Under the Act, 
``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). Under 
section 10(a)(1)(B) of the Act, we may issue permits to authorize take 
of listed species if it is incidental to other lawful activities and 
not the purpose of carrying out that 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 any federally listed fish, wildlife or plant species.

The Applicant's Proposed Project

    As the owner and manager of Sweet Springs Nature Preserve, MCAS 
proposes to implement the following under required regulatory 
authorization: (1) Provide public access to Sweet Springs Nature 
Preserve; (2) conduct surveys for, capture, and move Morro shoulderband 
snails out of harm's way; (3) conduct habitat enhancement activities 
(e.g., non-native species removal, planting and seeding native plant 
species, irrigation) in the eastern parcel of the preserve; (4) install 
access improvements (including Americans with Disabilities Act-
compliant parking) and other amenities in the eastern parcel of the 
preserve; (5) maintain, replace, and enhance existing facilities 
throughout the preserve; (6) maintain and irrigate restored/enhanced 
vegetation as needed to ensure success; (6) construct, improve, and 
maintain trails; (7) trim and/or remove nonnative trees; and (8) limit/
direct foot traffic to trails and identified areas consistent with the 
stewardship agreement by which MCAS was deeded the property from the 
California Coastal Conservancy.
    The draft HCP contains two alternatives to the proposed action: 
``No Action'' and ``Alternate Design.'' Under the ``No Action'' 
alternative, the Service would not issue an ITP, and trail and overlook 
construction, installation of fencing, and habitat restoration would 
not occur. Unauthorized neighborhood uses of the parcels that could 
cause take of Morro shoulderband snail would continue. MCAS would not 
be able to open this portion of Sweet Springs Nature Preserve to the 
public due to inadequate access. Failure to open the preserve would 
contravene the terms of the agreement by which MCAS was deeded the 
property. Repossession of the property by the California Coastal 
Conservancy could interrupt stewardship of the parcel, and habitat 
degradation would be expected to result. For these reasons and because 
the proposed action results in a net benefit for the Morro shoulderband 
snail, the ``No Action'' alternative has been rejected.
    The ``Alternate Design'' alternative is similar to the proposed 
action, except that it eliminates approximately 450 linear feet of 
trail and would include a slightly smaller lookout. Access to the main 
trail from the existing trail on the central preserve would be reduced 
to just one connecting trail. This alternative would remove the small 
loop that is proposed near the middle of the main trail and replace it 
with a wider path. The location of the lookout would not change but the 
footprint would be reduced by approximately 40 percent. Selection of 
this alternative would provide less public benefit than the proposed 
project and be less efficient at directing human traffic away from 
existing habitat occupied by Morro shoulderband snail. For these 
reasons, the ``Alternate Design'' alternative has also been rejected.

Our Preliminary Determination

    We have determined that the applicant's proposal will have a minor 
or negligible effect on the Morro shoulderband snail and that the HCP 
qualifies for processing as a low-effect plan consistent with our 
Habitat Conservation Planning Handbook (November 1996). Three criteria 
form the basis for our determination: (1) 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 implementing regulations in part 46 of

[[Page 21376]]

title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 
46.215). 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 draft HCP 
and comments we receive, to determine whether it 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 7of the Act by conducting 
an intra-Service consultation pursuant to section 7(a)(2).

Public Review

    We request comments from the public regarding our preliminary 
determination that the applicant's proposal will have a minor or 
negligible effect on the Morro shoulderband snail and that the HCP 
qualifies for processing as a low-effect. We will evaluate comments 
received and make a final determination regarding whether the 
application meets the requirements of section 10(a)(1)(B) of the Act. 
We will incorporate 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 all of our requirements are met, we will 
issue the ITP to the applicant. Permit issuance would not occur less 
than 30 days from the date of this notice.

Public Comments

    If you wish to comment on the permit application, 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: April 4, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-08238 Filed 4-8-16; 8:45 am]
 BILLING CODE 4310-55-P