Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Morro Shoulderband Snail, San Luis Obispo County, CA; Categorical Exclusion, 46150-46151 [2024-11656]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
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Dated: May 21, 2024.
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Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2024–11607 Filed 5–24–24; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
FOR FURTHER INFORMATION CONTACT:
[Docket No. FWS–R8–ES–2024–0001;
FXES11140800000–234–FF08EVEN00]
Joseph Brandt, Fish and Wildlife
Biologist, by email at fw8venturaitp@
fws.gov, via phone at 805–644–1766, or
by U.S. mail at 2493 Portola Road, Suite
B, Ventura, CA 93003. 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-ofcontact in the United States.
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the Morro
Shoulderband Snail, San Luis Obispo
County, CA; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from Ken Carlson
(applicant) for an incidental take permit
(ITP) under the Endangered Species Act.
The applicant requests the ITP to take
the federally listed Morro shoulderband
snail (Helminthoglypta walkeriana)
incidental to construction of a singlefamily residence at 2045 Pine Avenue,
San Luis Obispo County, California. We
request public comment on the
application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and 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. To make
this preliminary determination, we
prepared a draft environmental action
statement and low-effect screening form,
both of which are also available for
public review. We invite comment from
the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written
comments on or before June 27, 2024.
ADDRESSES:
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
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–2024–0001 at https://
www.regulations.gov.
Submitting Comments: You may
submit comments in writing by one of
the following methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R8–ES–2024–0001.
• U.S. mail: Public Comments
Processing; Attn: FWS–R8–ES–2024–
0001; U.S. Fish and Wildlife Service;
MS: PRB/3W; 5275 Leesburg Pike; Falls
Church, VA 22041–3803.
VerDate Sep<11>2014
18:43 May 24, 2024
Jkt 262001
We, the
Fish and Wildlife Service (Service),
announce receipt of an application from
Ken Carlson (applicant) for an
incidental take permit (ITP) under the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The applicant requests the ITP to take
the federally listed Morro shoulderband
snail (Helminthoglypta walkeriana)
incidental to construction of a singlefamily residence at 2045 Pine Avenue,
San Luis Obispo County, California. We
request public comment on the
application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
this proposed 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)). To make this preliminary
determination, we prepared a draft
environmental action statement and
low-effect screening form, both of which
are also available for public review.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
Background
On December 15, 1994 (59 FR 64613),
the Service listed the Arctostaphylos
morroensis (Morro manzanita) as
threatened and the Morro shoulderband
snail as endangered. The Service
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
(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. The permittee would receive
assurances under our ‘‘No Surprises’’
regulations (50 CFR 17.22(b)(5) and
17.32(b)(5)).
Applicant’s Proposed Activities
The applicant has applied for a permit
for incidental take of the Morro
shoulderband snail. The take would
occur in association with activities
necessary for the construction of a
single-family home, installation of a
driveway, and installation of a septic
system and utilities on 0.41 acres of
low-quality Morro shoulderband snail
habitat. A Fire Hazard Reduction Plan
has been approved by the Service for the
parcel. As a result, fire hazard reduction
activities on the remaining 1.59 acres
will be exempt from section 9 take
prohibitions under the 4d Rule
exemption.
The HCP includes avoidance and
minimization measures for the Morro
shoulderband snail, and mitigation for
unavoidable loss of occupied habitat.
The applicant will commensurately
E:\FR\FM\28MYN1.SGM
28MYN1
46151
Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Notices
offset impacts through a Serviceapproved mechanism such as an in-lieu
program, conservation bank, or species
account, which would go toward
accomplishing the recovery goals for the
species, such as restoration and
protection of habitat.
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.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
proposed project would individually
and cumulatively have a minor effect on
the Morro shoulderband snail and the
human environment. Therefore, we
have preliminarily determined that the
proposed 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 reasonable foreseeable actions,
would not result in significant
cumulative effects to the human
environment.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether to issue the
requested ITP. We will also conduct an
intra-Service consultation pursuant to
section 7 of the ESA to evaluate the
effects of the proposed take. 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 issue an ITP to the
applicant.
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 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. 2024–11656 Filed 5–24–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2024–0079;
FXIA16710900000–245–FF09A30000]
Endangered Species; Issuance of
Permits
Fish and Wildlife Service,
Interior.
ACTION: Notice of issuance of permits.
khammond on DSKJM1Z7X2PROD with NOTICES
VerDate Sep<11>2014
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18:43 May 24, 2024
FOR FURTHER INFORMATION CONTACT:
Timothy MacDonald, by phone at 703–
358–2185 or via email at DMAFR@
fws.gov. 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-ofcontact in the United States.
We, the
U.S. Fish and Wildlife Service (Service),
have issued permits to conduct certain
activities with endangered and
threatened species in response to permit
applications that we received under the
authority of section 10(a)(1)(A) of the
Endangered Species Act of 1973 (ESA;
16 U.S.C. 1531 et seq.)
After considering the information
submitted with each permit application
and the public comments received, we
issued the requested permits subject to
certain conditions set forth in each
permit. For each application for an
endangered species, we found that (1)
the application was filed in good faith,
(2) the granted permit would not operate
to the disadvantage of the endangered
species, and (3) the granted permit
would be consistent with the purposes
and policy set forth in section 2 of the
ESA.
SUPPLEMENTARY INFORMATION:
AGENCY:
Availability of Documents
We, the U.S. Fish and
Wildlife Service, have issued the
following permits to conduct certain
activities with endangered species. We
issue these permits under the
Endangered Species Act.
ADDRESSES: Information about the
applications for the permits listed in
The permittees’ original permit
application materials, along with public
comments we received during public
comment periods for the applications,
are available for review. To locate the
application materials and received
comments, go to https://
www.regulations.gov and search for the
appropriate permit number (e.g.,
12345C) provided in table 1.
SUMMARY:
ePermit No.
PER5047417
PER5681188
PER5991794
PER5225366
PER0056306
PER5300236
PER7746895
PER7750719
PER5230668
PER6139919
PER5702649
PER0054404
PER4234292
PER6612201
this notice is available online at https://
www.regulations.gov. See
SUPPLEMENTARY INFORMATION for details.
Applicant
Permit issuance date
World Bird Sanctuary ..........................................................................................................
San Diego Wildlife Alliance .................................................................................................
Gregory West ......................................................................................................................
Jeffrey Becker .....................................................................................................................
Duke University ...................................................................................................................
Columbus Zoo and Aquarium .............................................................................................
Henry Vilas Zoo ..................................................................................................................
San Antonio Zoo .................................................................................................................
Tulane University ................................................................................................................
Cincinnati Zoo & Botanical Garden ....................................................................................
International Crane Foundation ..........................................................................................
Audubon Nature Institute ....................................................................................................
Hemker Park and Zoo ........................................................................................................
Louisiana State University ..................................................................................................
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28MYN1
February 7, 2024.
February 27, 2024.
March 1, 2024.
March 1, 2024.
March 4, 2024.
March 4, 2024.
April 8, 2024.
April 9, 2024.
April 11, 2024.
March 15, 2024.
March 19, 2024.
March 21, 2024.
March 28, 2024.
April 18, 2024.
]]>Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46150-46151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11656]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2024-0001; FXES11140800000-234-FF08EVEN00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Morro Shoulderband Snail, San Luis
Obispo County, CA; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Ken Carlson (applicant) for an incidental take
permit (ITP) under the Endangered Species Act. The applicant requests
the ITP to take the federally listed Morro shoulderband snail
(Helminthoglypta walkeriana) incidental to construction of a single-
family residence at 2045 Pine Avenue, San Luis Obispo County,
California. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan (HCP), and
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. To make this preliminary
determination, we prepared a draft environmental action statement and
low-effect screening form, both of which are also available for public
review. We invite comment from the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written comments on or before June 27,
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-2024-0001 at
https://www.regulations.gov.
Submitting Comments: You may submit comments in writing by one of
the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0001.
U.S. mail: Public Comments Processing; Attn: FWS-R8-ES-
2024-0001; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Joseph Brandt, Fish and Wildlife
Biologist, by email at [email protected], via phone at 805-644-
1766, or by U.S. mail at 2493 Portola Road, Suite B, Ventura, CA 93003.
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 Fish and Wildlife Service (Service),
announce receipt of an application from Ken Carlson (applicant) for an
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant requests the
ITP to take the federally listed Morro shoulderband snail
(Helminthoglypta walkeriana) incidental to construction of a single-
family residence at 2045 Pine Avenue, San Luis Obispo County,
California. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan (HCP), and
on the Service's preliminary determination that this proposed 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)). To make this
preliminary determination, we prepared a draft environmental action
statement and low-effect screening form, both of which are also
available for public review.
Background
On December 15, 1994 (59 FR 64613), the Service listed the
Arctostaphylos morroensis (Morro manzanita) as threatened and the Morro
shoulderband snail as endangered. The Service 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 (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. The permittee would receive
assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(5)
and 17.32(b)(5)).
Applicant's Proposed Activities
The applicant has applied for a permit for incidental take of the
Morro shoulderband snail. The take would occur in association with
activities necessary for the construction of a single-family home,
installation of a driveway, and installation of a septic system and
utilities on 0.41 acres of low-quality Morro shoulderband snail
habitat. A Fire Hazard Reduction Plan has been approved by the Service
for the parcel. As a result, fire hazard reduction activities on the
remaining 1.59 acres will be exempt from section 9 take prohibitions
under the 4d Rule exemption.
The HCP includes avoidance and minimization measures for the Morro
shoulderband snail, and mitigation for unavoidable loss of occupied
habitat. The applicant will commensurately
[[Page 46151]]
offset impacts through a Service-approved mechanism such as an in-lieu
program, conservation bank, or species account, which would go toward
accomplishing the recovery goals for the species, such as restoration
and protection of habitat.
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.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the Morro shoulderband snail and the human environment.
Therefore, we have preliminarily determined that the proposed 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 reasonable foreseeable actions, would not
result in significant cumulative effects to the human environment.
Next Steps
The Service will evaluate the application and the comments received
to determine whether to issue the requested ITP. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. 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 issue an ITP to the applicant.
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 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. 2024-11656 Filed 5-24-24; 8:45 am]
BILLING CODE 4333-15-P
