[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Pages 9809-9810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3935]



Fish and Wildlife Service

[FWS-R4-ES-2011-N029; 41910-1112-0000-F2]

Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan; Deltona Retail Holdings, LLC, Volusia 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt; request for comment/information.


SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from Deltona Retail Holdings, LLC (applicant), for a 10-

[[Page 9810]]

incidental take permit (ITP; TE35022A-0) under the Endangered 
Species Act of 1973, as amended (Act). We request public comment on the 
permit application and accompanying proposed habitat conservation plan 
(HCP), as well as on our preliminary determination that the plan 
qualifies as low-effect under the National Environmental Policy Act 
(NEPA). To make this determination we used our environmental action 
statement and low-effect screening form, which are also available for 

DATES: To ensure consideration, please send your written comments by 
March 24, 2011.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by e-mail, U.S. mail, or phone (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Send your comments or 
requests by any one of the following methods.
    E-mail: northflorida@fws.gov. Use ``Attn: Permit number TE35022A-
0'' as your message subject line.
    Fax: Field Supervisor, (904) 731-3045, Attn.: Permit number 
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE35022A-0, U.S. Fish and Wildlife Service, 
7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256.
    In-person drop-off: You may drop off information during regular 
business hours at the above office address.

FOR FURTHER INFORMATION CONTACT: Erin Gawera, telephone: (904) 731-
3121; e-mail: erin_gawera@fws.gov.



    Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing 
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 
part 17 prohibit the ``take'' of fish or wildlife species listed as 
endangered or threatened. Take of listed fish or wildlife is defined 
under the Act as ``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). However, under limited circumstances, we 
issue permits to authorize incidental take--i.e., take that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity.
    Regulations governing incidental take permits for threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. The 
Act's take prohibitions do not apply to federally listed plants on 
private lands unless such take would violate State law. In addition to 
meeting other criteria, an incidental take permit's proposed actions 
must not jeopardize the existence of federally listed fish, wildlife, 
or plants.

Applicant's Proposal

    The applicant is requesting take of approximately 2.71 ac of 
occupied Florida scrub-jay foraging and sheltering habitat incidental 
to construction of a commercial center, and seeks a 10-year permit. The 
131-ac project is located on parcel 07-18-31-01-01-0010, 
within Section 07, Township 31 South, Range 39 East, Volusia County, 
Florida. The project includes construction of a commercial center and 
the associated infrastructure, and landscaping. The applicant proposes 
to mitigate for the take of the Florida scrub-jay through the deposit 
of good funds in the amount of $113,776.64 to the Nature Conservancy's 
Conservation Fund, for the management and conservation of the Florida 
scrub-jay based on Service Mitigation Guidelines.

Our Preliminary Determination

    We have determined that the applicant's proposal, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in the HCP. Therefore, we 
determined that the ITP is a ``low-effect'' project and qualifies for 
categorical exclusion under the National Environmental Policy Act 
(NEPA), as provided by the Department of the Interior Manual (516 DM 2 
Appendix 1 and 516 DM 6 Appendix 1). A low-effect HCP is one involving 
(1) Minor or negligible effects on federally listed or candidate 
species and their habitats, and (2) minor or negligible effects on 
other environmental values or resources.

Next Steps

    We will evaluate the plan and comments we receive to determine 
whether the ITP application meets the requirements of section 10(a) of 
the Act (16 U.S.C. 1531 et seq.). If we determine that the application 
meets these requirements, we will issue ITP TE35022A-0. We 
will also evaluate whether issuance of the section 10(a)(1)(B) ITP 
complies with section 7 of the Act by conducting an intra-Service 
section 7 consultation. We will use the results of this consultation, 
in combination with the above findings, in our final analysis to 
determine whether or not to issue the ITP. If the requirements are met, 
we will issue the permit to the applicant.

Public Comments

    If you wish to comment on the permit application, plan, and 
associated documents, you may submit comments by any one of the methods 

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comments, 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 review, we cannot guarantee that we will be 
able to do so.

    Authority: We provide this notice under Section 10 of the Act 
and NEPA regulations (40 CFR 1506.6).

    Dated: February 15, 2011.
David L. Hankla,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2011-3935 Filed 2-18-11; 8:45 am]