[Federal Register: December 13, 2010 (Volume 75, Number 238)]
[Page 77651-77652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2010-N25; 41910-1112-0000-F2]

Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Incidental Take Permit Extension; Availability of 
Proposed Low-Effect Habitat Conservation Plan; Deltona Family YMCA, 
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 the (Applicant) for an extension of incidental take 
permit (ITP)  TE176788-0 for 5 years under the Endangered 
Species Act of 1973, as amended (Act). We request public comment on the 
permit application and plan, 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 review.

DATES: To ensure consideration, please send your written comments by 
January 12, 2011.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by U.S. mail, e-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 TE176788-
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 TE176788-0, 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 
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 in the Code of Federal Regulations (CFR) 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 has been approved for take of approximately 0.3 ac of 
occupied Florida scrub-jay foraging and sheltering habitat incidental 
to construction of an expansion to an existing YMCA facility, and seeks 
a 5-year extension on an existing permit. The 10-ac project is located 
on parcel  08-18-31-00-00-0070 within Section 08, Township 18 
South, Range 31 East, Volusia County, Florida. The project includes 
construction of an expansion to the existing YMCA facility and the 
associated infrastructure, and landscaping. The applicant has been 
approved to mitigate for the take of the Florida scrub-jay by restoring 
and managing 1.3 acres onsite of habitat occupied by the 
covered species.

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). The notice for this permit was 
published in the Federal Register on May 9, 2008 (73 FR 26407), and the 
ITP was issued on August 25, 2008. 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 extension 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 the extension of 
ITP  TE176788-0. In August 2008 we determined 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 
extension. If the requirements are met, we will issue the permit 
extension 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.

[[Page 77652]]


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

    Dated: December 3, 2010.
David L. Hankla,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2010-31148 Filed 12-10-10; 8:45 am]