Habitat Conservation Plan for the Yelm Subspecies of the Mazama Pocket Gopher, Thurston County, Washington, 40783-40784 [2018-17668]

Download as PDF Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices single-family residence and associated uses on an existing, legal, one acre parcel in the unincorporated community of Los Osos, County of San Luis Obispo, California. The take would occur in association with site preparation activities necessary for construction. The HCP includes minimization measures for the covered species and compensation for unavoidable take of the species through payment of a fee to an Impact-Directed Environmental Account held by the National Fish and Wildlife Foundation. Collected fees from this account will fund recovery actions for Morro shoulderband snail identified in the 1998 recovery plan for this species and four plant species from western San Luis Obispo County. The HCP supports an application to the Service seeking issuance of an ITP that would authorize take of the Morro shoulderband snail. The County of San Luis Obispo requires demonstration that property owners are in compliance with the ESA regarding Morro shoulderband snail as part of their issuance of County permits that would allow land development in Los Osos. Background sradovich on DSK3GMQ082PROD with NOTICES Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. • Facsimile: Fax your comments to 805–644–3958. FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife Biologist, 805–677–3400 (phone), or at the Ventura address in ADDRESSES. SUPPLEMENTARY INFORMATION: We have received an application for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). The application addresses take of the federally endangered Morro shoulderband snail (Helminthoglypta walkeriana) that would occur incidental to the construction and maintenance of a single-family residence and associated uses. The requested permit term is 10 years and the permit would be subject to renewal. Issuance of an ITP pursuant to this habitat conservation plan (HCP) has been determined to be eligible for a categorical exclusion under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We invite comments from the public on the draft HCP, draft low-effect screening form, and environmental action statement. Our Preliminary Determination The Morro shoulderband snail was listed as endangered on December 15, 1994 (59 FR 64613). Section 9 of the ESA and its implementing regulations prohibit the take of fish or wildlife species listed as endangered or threatened. Under the ESA, ‘‘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 ESA, 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 regulations governing incidental take permits for endangered and threatened species at 50 CFR 17.22 and 17.32, respectively. Issuance of an ITP must not jeopardize the existence of any federally listed fish, wildlife or plant species. Under the ESA, protections for federally listed plants differ from the protections afforded to federally listed animals. The permittee would receive assurances under our ‘‘No Surprises’’ regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)) for species included in the ITP. The Service has made a preliminary determination that issuance of the ITP is neither a major Federal action that will significantly affect the quality of the human environment within the meaning of section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.,) nor that it will, individually or cumulatively, have more than a negligible effect on Morro shoulderband snail, the only species covered in the HCP. Therefore, the permit qualifies for a categorical exclusion under NEPA. Applicant’s Proposed Activities The proposed project involves the construction and maintenance of a VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 Public Comments If you wish to comment on the draft HCP and associated documents, you may submit comments by one of the methods in ADDRESSES. 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 ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 40783 Dated: August 10, 2018. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2018–17663 Filed 8–15–18; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2018–N076; FXES11140100000–189–FF01E00000] Habitat Conservation Plan for the Yelm Subspecies of the Mazama Pocket Gopher, Thurston County, Washington Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service (Service), received an application from Mr. Todd Tveten for an incidental take permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The ITP would authorize ‘‘take’’ of the Yelm pocket gopher, incidental to otherwise lawful activities during construction of a single-family home and agricultural shop in Thurston County, Washington. The application includes a habitat conservation plan (HCP) with measures to minimize and mitigate the impacts of the taking on the covered species. We have also prepared a draft environmental action statement (EAS) for our preliminary determination that the HCP and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act. We provide this notice to open a public comment period and invite comments from all interested parties regarding the documents. DATES: To ensure consideration, please submit written comments by September 17, 2018. ADDRESSES: To request further information or submit written comments, please use one of the following methods: • Internet: You may view or download copies of the HCP and obtain additional information on the internet at https://www.fws.gov/wafwo/. • Email: wfwocomments@fws.gov. Include ‘‘Tveten HCP’’ in the subject line of the message. • U.S. Mail: Public Comments Processing, Attn: FWS–R1–ES–2018– N076; U.S. Fish and Wildlife Service; Washington Fish and Wildlife Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503. SUMMARY: E:\FR\FM\16AUN1.SGM 16AUN1 40784 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES • In-Person Drop-off, Viewing, or Pickup: Call 360–753–5823 to make an appointment (necessary for viewing or picking up documents only) during regular business hours at the above address. FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning and Hydropower Branch Manager, Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service (see ADDRESSES), telephone: 360–753–5823. If you use a telecommunications device for the deaf, please call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: The Service received an application for an ITP pursuant to Section 10(a)(1)(B) of the ESA. The applicant requests a 3-year permit term that would authorize ‘‘take’’ of the threatened Yelm pocket gopher (Thomomys mazama yelmensis), hereafter referred to as Yelm pocket gopher, incidental to construction of one single-family home on land the applicant owns in Thurston County, Washington. The application includes a HCP that describes actions the applicant will take to minimize and mitigate the impacts of the taking on the covered species. Background Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531) prohibits ‘‘take’’ of fish and wildlife species listed as endangered or threatened. Under the ESA, the term ‘‘take’’ means 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(19)). The term ‘‘harm,’’ as defined in our regulations, includes significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The term ‘‘harass’’ is defined in our regulations as to intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). Section 10(a)(1)(B) of the ESA contains provisions that authorize the Service to issue permits to non-Federal entities for the take of endangered and threatened species caused by otherwise lawful activities, provided the following criteria are met: (1) The taking will be incidental; (2) the applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; (3) the applicant will ensure that adequate funding for the plan will be VerDate Sep<11>2014 17:15 Aug 15, 2018 Jkt 244001 provided; (4) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the plan. Regulations governing permits for endangered and threatened species are found in 50 CFR 17.22 and 17.32, respectively. Proposed Action The Service proposes to issue the requested 3-year ITP based on the applicant’s commitment to implement the HCP, if permit issuance criteria are met. Covered activities include construction of a single-family home and an agricultural building. The area covered under the HCP consists of an approximately one-half acre project development site and an approximately one acre conservation site on land owned by the applicant. Take of the Yelm pocket gopher would occur within the half-acre development site and will be offset by granting Thurston County a perpetual conservation easement over an acre of occupied habitat, for the purpose of ensuring that it is perpetually managed for the benefit of the covered species. Funding for management of the conservation easement would be assured. The applicant may have the conservation easement released in the future if it purchases credits from a Serviceapproved conservation bank for the Yelm pocket gopher, which would provide equivalent or greater conservation benefits to the species. At present, no such conservation bank exists. Public Comments You may submit your comments and materials by one of the methods listed in ADDRESSES. We specifically request information, views, and suggestions from interested parties regarding our proposed Federal action, including adequacy of the HCP pursuant to the requirements for permits at 50 CFR parts 13 and 17 and adequacy of the EAS pursuant to NEPA. Public Availability of Comments All comments and materials we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personally identifiable information in your comments, you should be aware that your entire comment—including your personally identifiable information— may be made publicly available at any time. While you can ask us in your PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Comments and materials we receive will be available for public inspection by appointment, during normal business hours, at our Washington Fish and Wildlife Office (see ADDRESSES). Authority We provide this notice in accordance with the requirements of section 10 of the ESA and NEPA and their implementing regulations (50 CFR 17.32 and 40 CFR 1506.6, respectively). Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2018–17668 Filed 8–15–18; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2018–N055; FXES11130800000–189–FF08EVEN00] Low-Effect Habitat Conservation Plan and Categorical Exclusion; Gaver Ranch, Castroville, Monterey County, California Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. AGENCY: We, the U.S. Fish and Wildlife Service, have received an application from Midnight Sun, Inc., for a 20-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ‘‘take’’ of the federally threatened California redlegged frog and California tiger salamander that is likely to occur incidental to ongoing agricultural activities, flood and erosion control activities, and habitat restoration at Gaver Ranch near the community of Castroville in unincorporated Monterey County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan. DATES: To ensure consideration, please send your written comments by September 17, 2018. ADDRESSES: SUMMARY: E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40783-40784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17668]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2018-N076; FXES11140100000-189-FF01E00000]


Habitat Conservation Plan for the Yelm Subspecies of the Mazama 
Pocket Gopher, Thurston County, Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an 
application from Mr. Todd Tveten for an incidental take permit (ITP) 
pursuant to the Endangered Species Act of 1973, as amended (ESA). The 
ITP would authorize ``take'' of the Yelm pocket gopher, incidental to 
otherwise lawful activities during construction of a single-family home 
and agricultural shop in Thurston County, Washington. The application 
includes a habitat conservation plan (HCP) with measures to minimize 
and mitigate the impacts of the taking on the covered species. We have 
also prepared a draft environmental action statement (EAS) for our 
preliminary determination that the HCP and permit decision may be 
eligible for categorical exclusion under the National Environmental 
Policy Act. We provide this notice to open a public comment period and 
invite comments from all interested parties regarding the documents.

DATES: To ensure consideration, please submit written comments by 
September 17, 2018.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods:
     Internet: You may view or download copies of the HCP and 
obtain additional information on the internet at https://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``Tveten HCP'' in the 
subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: FWS-R1-ES-
2018-N076; U.S. Fish and Wildlife Service; Washington Fish and Wildlife 
Office; 510 Desmond Drive SE, Suite 102; Lacey, WA 98503.

[[Page 40784]]

     In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823 
to make an appointment (necessary for viewing or picking up documents 
only) during regular business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning 
and Hydropower Branch Manager, Washington Fish and Wildlife Office, 
U.S. Fish and Wildlife Service (see ADDRESSES), telephone: 360-753-
5823. If you use a telecommunications device for the deaf, please call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service received an application for an 
ITP pursuant to Section 10(a)(1)(B) of the ESA. The applicant requests 
a 3-year permit term that would authorize ``take'' of the threatened 
Yelm pocket gopher (Thomomys mazama yelmensis), hereafter referred to 
as Yelm pocket gopher, incidental to construction of one single-family 
home on land the applicant owns in Thurston County, Washington. The 
application includes a HCP that describes actions the applicant will 
take to minimize and mitigate the impacts of the taking on the covered 
species.

Background

    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531) 
prohibits ``take'' of fish and wildlife species listed as endangered or 
threatened. Under the ESA, the term ``take'' means 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(19)). The term 
``harm,'' as defined in our regulations, includes significant habitat 
modification or degradation that results in death or injury to listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). The term 
``harass'' is defined in our regulations as to intentional or negligent 
actions that create the likelihood of injury to listed species to such 
an extent as to significantly disrupt normal behavioral patterns, which 
include, but are not limited to, breeding, feeding, or sheltering (50 
CFR 17.3).
    Section 10(a)(1)(B) of the ESA contains provisions that authorize 
the Service to issue permits to non-Federal entities for the take of 
endangered and threatened species caused by otherwise lawful 
activities, provided the following criteria are met: (1) The taking 
will be incidental; (2) the applicant will, to the maximum extent 
practicable, minimize and mitigate the impact of such taking; (3) the 
applicant will ensure that adequate funding for the plan will be 
provided; (4) the taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and (5) the 
applicant will carry out any other measures that the Service may 
require as being necessary or appropriate for the purposes of the plan. 
Regulations governing permits for endangered and threatened species are 
found in 50 CFR 17.22 and 17.32, respectively.

Proposed Action

    The Service proposes to issue the requested 3-year ITP based on the 
applicant's commitment to implement the HCP, if permit issuance 
criteria are met. Covered activities include construction of a single-
family home and an agricultural building. The area covered under the 
HCP consists of an approximately one-half acre project development site 
and an approximately one acre conservation site on land owned by the 
applicant. Take of the Yelm pocket gopher would occur within the half-
acre development site and will be offset by granting Thurston County a 
perpetual conservation easement over an acre of occupied habitat, for 
the purpose of ensuring that it is perpetually managed for the benefit 
of the covered species. Funding for management of the conservation 
easement would be assured. The applicant may have the conservation 
easement released in the future if it purchases credits from a Service-
approved conservation bank for the Yelm pocket gopher, which would 
provide equivalent or greater conservation benefits to the species. At 
present, no such conservation bank exists.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. We specifically request information, views, and 
suggestions from interested parties regarding our proposed Federal 
action, including adequacy of the HCP pursuant to the requirements for 
permits at 50 CFR parts 13 and 17 and adequacy of the EAS pursuant to 
NEPA.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety. Comments and materials we receive will be available for 
public inspection by appointment, during normal business hours, at our 
Washington Fish and Wildlife Office (see ADDRESSES).

Authority

    We provide this notice in accordance with the requirements of 
section 10 of the ESA and NEPA and their implementing regulations (50 
CFR 17.32 and 40 CFR 1506.6, respectively).

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-17668 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P

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