[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Pages 20689-20690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07929]



Fish and Wildlife Service

[FWS-R4-ES-2013-N076; FXES11130400000EA-123-FF04EF1000]

Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Renewal of Incidental Take Permit; Availability of 
Proposed Low-Effect Habitat Conservation Plan; Eber Cove, LLC, Brevard 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.


SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from Eber Cove, LLC (applicant), for a 5-year renewal of 
incidental take permit (ITP) TE151089-0 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 review.

DATES: To ensure consideration, please send your written comments by 
May 6, 2013.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by email, 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.
    Email: northflorida@fws.gov. Use ``Attn: Permit number TE151089-1'' 
as your message subject line.
    Fax: Dawn Jennings, Acting Field Supervisor, 904-731-3045, Attn.: 
Permit number TE151089-1.
    U.S. mail: Dawn Jennings, Acting Field Supervisor, Jacksonville 
Ecological Services Field Office, Attn: Permit number TE151089-1, 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 M. Gawera, telephone: 904-731-
3121; email: 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 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 1.55 
acres (ac) of Florida scrub-jay (Aphelocoma coerulescens)-occupied 
habitat incidental to construction of a single-family-home subdivision. 
The 28.25-ac

[[Page 20690]]

project is located on Parcel 28-37-17-00-00753.0-0000.00 and 
28-37-17-00-00769.0-0000.00, within Section 17, Township 28 
South, Range 37 East, Brevard County, Florida. The applicant's HCP 
describes the mitigation and minimization measures the applicant 
proposes to address the effects of the project to the Florida scrub-

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 HCP 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 the ITP. 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, HCP, and 
associated documents, you may submit comments by any one of the methods 

Public Availability of Comments

    Before including your address, phone number, email 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.


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

    Dated: March 27, 2013.
Dawn Jennings,
Acting Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2013-07929 Filed 4-4-13; 8:45 am]