[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Notices]
[Pages 31225-31226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15069]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Receipt of Application for the Proposed Issuance of a Permit To 
Allow Incidental Take of an Endangered Species at the Los Osos Center, 
LLC, Proposed Commercial Development Project, in Los Osos, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of document availability; request for comments.

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SUMMARY: This notice advises the public that Los Osos Center, LLC 
(Applicant), has applied for an incidental take permit from the Fish 
and Wildlife Service pursuant to Section 10(a)(1)(B) of the Endangered 
Species Act of 1973 (Act), as amended. The Applicant is requesting the 
Service issue a 5-year permit to allow the incidental take of the 
federally listed as endangered Morro shoulderband snail 
(Helminthoglypta walkeriana) associated with a proposed 5.5-acre 
commercial development project in the community of Los Osos, San Luis 
Obispo County, California. The permit application includes a Habitat 
Conservation Plan and an Implementation Agreement, both of which are 
available for pubic review and comment. The Service also announces the 
availability of an Environmental Assessment for the proposed issuance 
of the incidental take permit. All comments received will become part 
of the administrative record and may be released to the public.

DATES: Written comments on the permit application and Environmental 
Assessment should be received on or before July 8, 1998.

ADDRESSES: Comments regarding the application or the Environmental 
Assessment, or requests for these documents, should be addressed to 
Diane Noda, Field Supervisor, Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, California 93003; facsimile (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Kate Symonds, Fish and Wildlife 
Biologist, at the above address or telephone (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Document Availability

    Individuals wishing copies of the documents for review should 
immediately contact the office listed above. Documents also will be 
available for inspection, by appointment, during normal business hours 
at the above address.

Background

    Under Section 9 of the Act and its implementing regulations, 
``taking'' of threatened and endangered species is prohibited. However, 
the Service, under limited circumstances, may issue permits to take 
threatened or endangered wildlife species if such taking is incidental 
to, and not the purpose of, otherwise lawful activities. Regulations 
governing permits for threatened and endangered species are found at 50 
CFR part 13 and 50 CFR 17.22 and 17.32.
    The incidental taking would occur as the result of the Applicant's 
proposed commercial development project, which would result in the 
permanent loss of 0.5 acres of Morro shoulderband snail habitat within 
the 5.5-acre project site. The permit application includes a Habitat 
Conservation Plan (Plan) and the Implementation Agreement which defines 
the responsibilities of all of the parties under the Plan. The Plan 
addresses impacts to the Morro shoulderband snail that are associated 
with the proposed commercial development project and provides for 
implementation of measures to minimize and mitigate adverse impacts to 
the Morro shoulderband snail.
    The Applicant will pay a mitigation compensation fee to the 
Service's land acquisition and management designee to be used for the 
acquisition and management in perpetuity of 0.5 acres of high-quality 
offsite Morro shoulderband snail habitat, as part of a larger habitat 
acquisition program in Los Osos. The 0.5-acre land acquisition will 
compensate for the permanent loss of 0.5 acres of snail habitat that 
will result from project implementation and will benefit the long-term 
conservation of the snail.
    The Plan and the Environmental Assessment consider three 
alternatives to the proposed commercial development project: the No-
Development Project Alternative, the Reduced Intensity Alternative, and 
the Alternate Site Alternative.
    Under the No-Development Project Alternative, no commercial 
development project would be conducted. The Service would not issue a 
Section 10(a)(1)(B) permit because there would be no take of Morro 
shoulderband snails. This alternative would not adversely affect 
biological resources occurring on this site; therefore, impacts would 
be less than those of the proposed project. This alternative assumes 
the continuation of the existing conditions (i.e., undeveloped area). 
However, the No-Development Project Alternative would not substantially 
benefit the Morro shoulderband snail. Non-native plants would continue 
to occupy the project site and human disturbances would likely 
continue. Under this alternative, no contribution to the acquisition, 
preservation, and management of high-quality offsite Morro shoulderband 
snail habitat would occur.
    The Reduced Intensity Alternative involves proceeding with a 
commercial development on the proposed 5.5-acre project site, but with 
a smaller construction configuration so as to avoid physical 
disturbance to the areas of Morro shoulderband snail habitat within the 
project site. This alternative would involve not developing 
approximately 1.5 acres within the 5.5-acre parcel. A Reduced Intensity 
Alternative would not benefit the Morro shoulderband snail because it 
would

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further isolate the habitat. Under this alternative, no contribution to 
the acquisition, preservation, and management of high-quality offsite 
Morro shoulderband snail habitat would occur.
    The Alternate Site Alternative involves the use of a site for a 
commercial development project that does not support any listed 
species; therefore, the project would not result in the incidental take 
of a listed species. This alternative is considered to be unfeasible 
from a business and commercial standpoint given market, development, 
and private contractual constraints. Although this alternative would 
result in no impact at the proposed project site, it would not 
substantially benefit the Morro shoulderband snail. The project site 
contains marginal snail habitat, including non-native plants. Human 
disturbances to the project site would likely continue. Under this 
alternative, no contribution to the acquisition, preservation, and 
management of high-quality offsite Morro shoulderband snail habitat 
would occur.
    This notice is provided pursuant to Section 10(c) of the Act and 
Service regulations for implementing the National Environmental Policy 
Act of 1969 (40 CFR 1506.6). The Service will evaluate the application, 
its associated documents, and submitted comments to determine whether 
the application meets the requirements of law. If the Service 
determines that the requirements are met, a permit will be issued for 
the incidental take of the Morro shoulderband snail. A final decision 
on permit issuance will be made no sooner than 30 days from the date of 
this notice.

    Dated: June 1, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-15069 Filed 6-5-98; 8:45 am]
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