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, 84377-84379 [2024-24343]
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84377
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
SW, Washington, DC 20410; email
Colette.Pollard@hud.gov, telephone
(202) 402–3400. This is not a toll-free
number. HUD welcomes and is prepared
to receive calls from individuals who
are deaf or hard of hearing, as well as
individuals with speech or
communication disabilities. To learn
more about how to make an accessible
telephone call, please visit https://
www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
is to allow for 60 days of public
comment.
DATES: Comments Due Date: December
23, 2024.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Written comments and
recommendations for the proposed
information collection can be sent
within 60 days of publication of this
notice to www.regulations.gov.
Interested persons are also invited to
submit comments regarding this
proposal by name and/or OMB Control
Number and can be sent to: Colette
Pollard, Reports Management Officer,
REE, Department of Housing and Urban
Development, 451 7th Street SW, Room
8210, Washington, DC 20410–5000;
telephone (202) 402–3400. (this is not a
toll-free number) or email at
Colette.Pollard@hud.gov, for a copy of
the proposed forms or other available
information.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street
A. Overview of Information Collection
Title of Information Collection: Public
Housing Program—Transfer and
Consolidation of Public Housing
Programs.
OMB Approval Number: 2577–0280.
Type of Request: Extension of a
previously approved collection.
Form Number: N/A.
Description of the need for the
information and proposed use: State
legislatures or other local governing
bodies may from time to time direct or
agree that the public interest is best
served if one public housing agency
(PHA) cedes its public housing program
to another PHA, or that two or more
PHAs should be combined into one
multijurisdictional PHA. This proposed
information collection serves to protect
the U.S. Department of Housing and
Urban Development’s (HUD) several
interests in either transaction: (1)
insuring the continued used of the
property as public housing; (2) that
HUD’s interests are secured; and (3) that
the operating and capital subsidies that
HUD pays to support the operation and
maintenance of public housing is
properly paid to the correct PHA on
behalf of the correct properties. In
addition to submitting documentation to
HUD, PHAs are required to make
conforming changes to HUD’s Public
Housing Information Center (PIC).
Total Estimated Burdens:
TOTAL BURDEN HOUR ESTIMATES FOR PHAS
Number of
respondents
Number of transfer or consolidation actions
Frequency of
requirement *
×
Est. avg. time for
requirement
(hours)
=
Est. annual
burden
(hours)
3 Transfers .......................................................................
2 Consolidations ..............................................................
6
4
1
1
100
100
600
400
Subtotals ...................................................................
10
........................
100
1,000
* The frequency shown assumes that the receiving or consolidated PHA makes one submission for all other PHAs involved in either the transfer or consolidation.
ddrumheller on DSK120RN23PROD with NOTICES1
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
HUD encourages interested parties to
submit comment in response to these
questions.
DEPARTMENT OF THE INTERIOR
C. Authority
[FWS–R8–ES–2024–0139;
FXES11140800000–234–FF08EVEN00]
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Lora D Routt,
Director, Office of Policy, Program and
Legislative Initiatives.
[FR Doc. 2024–24214 Filed 10–21–24; 8:45 am]
BILLING CODE 4210–67–P
PO 00000
Fish and Wildlife Service
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
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
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
SUMMARY:
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Fmt 4703
Sfmt 4703
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ddrumheller on DSK120RN23PROD with NOTICES1
84378
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
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 https://
www.regulations.gov.
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:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R8–ES–2024–0139.
• 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 FW8VenturaITP@fws.gov
(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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
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
E:\FR\FM\22OCN1.SGM
22OCN1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
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.
ddrumheller on DSK120RN23PROD with NOTICES1
Current Application
Measures in the HCP to minimize the
amount and form of take include (1) preconstruction 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) postconstruction 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
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17:10 Oct 21, 2024
Jkt 265001
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 https://
www.regulations.gov, 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
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
84379
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
DEPARTMENT OF THE INTERIOR
Geological Survey
[GX24EN05ESBJF00]
Announcement of Advisory Council for
Climate Adaptation Science Meeting
Geological Survey, Department
of the Interior.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act
(FACA) of 1972, the U.S. Geological
Survey (USGS) is publishing this notice
to announce that a Federal Advisory
Committee meeting of the Advisory
Council for Climate Adaptation Science
(ACCAS) will take place and is open to
members of the public.
DATES: The meeting will be held in
person on Wednesday, November 13,
2024, from 8:30 a.m. to 5:00 p.m., and
on Thursday, November 14, 2024, from
8:30 a.m. to 3:00 p.m. Central Time. A
virtual attendance option will be
provided. The final schedule will be
made available in advance of the
meeting at https://www.usgs.gov/
programs/climate-adaptation-sciencecenters/advisory-council-climateadaptation-science.
ADDRESSES: The meeting will be held at
the University of Minnesota Campus
Club, 403 Coffman Memorial Union, 300
Washington Avenue SE, Minneapolis,
MN 55455.
FOR FURTHER INFORMATION CONTACT:
Isabella Ullerick, ACCAS Designated
Federal Officer, USGS, by email at
iullerick@usgs.gov, or by phone at 571–
477–4309.
SUPPLEMENTARY INFORMATION: This
meeting is being held consistent with
the provisions of the FACA (5 U.S.C. ch.
10), the Government in the Sunshine
Act of 1976 (5 U.S.C. 552B, as
amended), and 41 CFR part 102–3.
Purpose of the Meeting: The ACCAS
advises the Secretary of the Interior on
the operations of the USGS Climate
Adaptation Science Centers (CASCs).
ACCAS members represent state and
local governments; Tribes and
Indigenous organizations; nongovernmental organizations; academia;
and the private sector. Additional
information about the ACCAS is
SUMMARY:
E:\FR\FM\22OCN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84377-84379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24343]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
https://www.regulations.gov.
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:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0139.
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 [email protected]
(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 https://www.regulations.gov, 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
