Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40783 

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. 

Background 

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. 

Applicant’s Proposed Activities 

The proposed project involves the 

construction and maintenance of a 

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. 

Our Preliminary Determination 

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. 

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). 

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 

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 

http://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. 


sradovich on DSK3GMQ082PROD with NOTICES
40784 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / 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 

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 

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 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comment. 

SUMMARY: 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: 


sradovich on DSK3GMQ082PROD with NOTICES