[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55855-55856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25249]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2017-N099; FXES11130400000EA-123-FF04EF1000]
Endangered and Threatened Wildlife and Plants; Availability of
Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-
Jay, Volusia, County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment/information.
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SUMMARY: We, the Fish and Wildlife Service (Service), have received an
application for incidental take permit (ITP) under the Endangered
Species Act of 1973, as amended (ACT). Orange Dale Venture, LLC,
(Applicant) is requesting a 10-year ITP. 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
December 26, 2017.
ADDRESSES: If you wish to review the application and HCP, you may
request the 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 TE39111C-
0.''
Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number
TE39111C-0.''
U.S. mail: Field Supervisor, Jacksonville Ecological Services Field
Office, Attn: Permit number TE39111C-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 M. Gawera, telephone: (904) 731-
3121; email: erin_gawera@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Act and our implementing regulations in the Code
of
[[Page 55856]]
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(19)). 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
ESA'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
Orange Dale Venture, LLC, is requesting a 10-year ITP to take
approximately 5 acres (ac) of occupied scrub-jay foraging and
sheltering habitat incidental to construction of an energy substation.
The 161.6-ac project site is located approximately 0.5 miles northwest
of the intersection of Veterans Memorial Parkway and Saxon Boulevard
within Section 14, Township 18 South, Range 30 East, Volusia County,
Florida. The project includes construction of a residential and
commercial development, and the associated clearing, infrastructure,
and landscaping. The Applicant proposes to mitigate for the take of the
scrub-jay, based on Service Mitigation Guidelines, by contributing
funds in the amount of $209,220.00 to the Nature Conservancy's
Conservation Fund for the management and conservation of the Florida
scrub-jay.
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
have determined that the incidental take permit for this project is
``low effect'' and qualifies for categorical exclusion under the
National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205
and 43 CFR 46.210. 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. We will also evaluate whether issuance of the ITP complies
with section 7 of the ESA by conducting an intra-Service 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 issue ITP
number TE39111C-0 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
in ADDRESSES.
Public Availability of Comments
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 review, we cannot guarantee that we will be
able to do so.
Authority
We provide this notice under section 10 of the ESA and NEPA
regulation 40 CFR 1506.6.
Dated: October 3, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-25249 Filed 11-22-17; 8:45 am]
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