81_FR_15173 81 FR 15119 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Lake County, FL

81 FR 15119 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Lake County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range15119-15120
FR Document2016-06205

We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (Act). Hartwood Residential, LLC, is requesting a 2-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.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Notices]
[Pages 15119-15120]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06205]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2016-N028; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan, Lake County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments/information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit (ITP) under the 
Endangered Species Act of 1973, as amended (Act). Hartwood Residential, 
LLC, is requesting a 2-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 
April 20, 2016.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by email, U.S. mail, or

[[Page 15120]]

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: [email protected]. Use ``Attn: Permit number TE80020B-0'' 
as your message subject line for Hartwood Residential, LLC.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number 
TE80020B-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE80020B-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: Zakia Williams, telephone: (904) 731-
3326; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 Proposal

Hartwood Residential, LLC

    Hartwood Residential, LLC, is requesting take of approximately 2.8 
acres of occupied sand skink foraging and sheltering habitat incidental 
to construction of a residential development, and they seek a 2-year 
permit. The 115.8-acre project is located on parcel number 09-23-26-
0004-000-02400 within Section 9 and 16, Township 23 South, and Range 26 
East, Lake County, Florida. The project includes construction of a 
residential development. The applicant proposes to mitigate for the 
take of the sand skink by the purchase of 5.6 mitigation credits from 
the Morgan Lake Wales Preserve Conservation Bank.

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 their HCP. Therefore, our 
proposed issuance of the requested ITP qualifies as a categorical 
exclusion under the National Environmental Policy Act, as provided by 
Department of the Interior implementing regulations in part 46 of title 
43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 
46.215). 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 ITP number TE80020B-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, 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 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: March 8, 2016.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2016-06205 Filed 3-18-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices                                                   15119

                                                  84 percent of remaining spotted owl                     information and comments regarding                    the proposed Permit action. If we
                                                  nesting/roosting habitat. Habitat                       the following issues:                                 determine that all requirements are met,
                                                  removal within these nesting and                          1. The direct, indirect, and                        we will sign the proposed SHA and
                                                  roosting sites could result in loss of                  cumulative effects that implementation                issue a Permit under section 10(a)(1)(A)
                                                  habitat suitability leading to take of                  of the SHA could have on endangered                   of the ESA to the Oregon Department of
                                                  spotted owls. To avoid or minimize the                  and threatened species;                               Forestry, for take of the northern spotted
                                                  take resulting from disturbance and                       2. Other reasonable alternatives                    owl caused by covered activities in
                                                  habitat loss associated with timber                     consistent with the purpose of the                    accordance with the terms of the Permit
                                                  management activities on their lands,                   proposed SHA as described above, and                  and the SHA. We will not make our
                                                  the Oregon Department of Forestry will                  their associated effects;                             final decision until after the end of the
                                                  maintain at least a 70-acre habitat core                  3. Measures that would minimize and                 30-day public comment period, and we
                                                  for nesting spotted owls that may                       mitigate potentially adverse effects of               will fully consider all comments and
                                                  reoccupy non-baseline sites during the                  the proposed action;                                  information we receive during the
                                                  nesting and rearing season (March 1 to                    4. Identification of any impacts on the             public comment period.
                                                  September 30 of the year). This allows                  human environment that should have
                                                                                                          been analyzed in the draft EA pursuant                Authority
                                                  the owl pairs to produce young and
                                                  contribute to the future spotted owl                    to NEPA;                                                We provide this notice pursuant to
                                                  population.                                               5. Other plans or projects that might               section 10(c) of the ESA, its
                                                                                                          be relevant to this action;                           implementing regulations (50 CFR
                                                     The primary conservation value of the                  6. The proposed term of the Permit
                                                  Experiment is the information it                                                                              17.22), and NEPA and its implementing
                                                                                                          and whether the proposed SHA would                    regulations (40 CFR 1506.6).
                                                  provides on the efficacy of removal as                  provide a net conservation benefit to the
                                                  a tool to manage barred owl populations                 spotted owl; and                                      Theresa Rabot,
                                                  for the conservation of the spotted owl                   7. Any other information pertinent to               Deputy Regional Director, Pacific Region, U.S.
                                                  at the range-wide scale. In the landscape               evaluating the effects of the proposed                Fish and Wildlife Service, Portland, Oregon.
                                                  of multiple landowners that exist within                action on the human environment.                      [FR Doc. 2016–06276 Filed 3–18–16; 8:45 am]
                                                  the Oregon Coast Ranges Study Area,                                                                           BILLING CODE 4333–15–P
                                                  access to interspersed non-Federal lands                Public Availability of Comments
                                                  is important to the efficient and                          All comments and materials we
                                                  effective completion of the Experiment                  receive become part of the public record              DEPARTMENT OF THE INTERIOR
                                                  within a reasonable time frame under                    associated with this action. Before
                                                  the Oregon Department of Forestry SHA;                  including your address, phone number,                 Fish and Wildlife Service
                                                  thus, researchers will need access to                   email address, or other personally                    [FWS–R4–ES–2016–N028;
                                                  roads and lands for barred owl surveys                  identifiable information in your                      FXES11130400000EA–123–FF04EF1000]
                                                  and removal. Thus, the take of spotted                  comments, you should be aware that
                                                  owls on the temporarily reoccupied                      your entire comment—including your                    Endangered and Threatened Wildlife
                                                  sites is potentially greatly offset by the              personally identifiable information—                  and Plants; Availability of Proposed
                                                  value of the information gained from the                may be made publicly available at any                 Low-Effect Habitat Conservation Plan,
                                                  experiment and its potential                            time. While you can ask us in your                    Lake County, FL
                                                  contribution to the range-wide recovery                 comment to withhold your personally
                                                  of the spotted owl by the timely                        identifiable information from public                  AGENCY:   Fish and Wildlife Service,
                                                  development of a long-term barred owl                   review, we cannot guarantee that we                   Interior.
                                                  management strategy. For this reason,                   will be able to do so. All submissions                ACTION: Notice of availability; request
                                                  the Service believes this SHA would                     from organizations or businesses, and                 for comments/information.
                                                  advance the recovery of the spotted owl.                from individuals identifying themselves
                                                                                                                                                                SUMMARY:   We, the U.S. Fish and
                                                  National Environmental Policy Act                       as representatives or officials of
                                                                                                                                                                Wildlife Service (Service), have received
                                                  Compliance                                              organizations or businesses, will be
                                                                                                                                                                an application for an incidental take
                                                                                                          made available for public disclosure in
                                                     The Service’s entering into the                                                                            permit (ITP) under the Endangered
                                                                                                          their entirety. Comments and materials
                                                  proposed SHA and issuance of a Permit                                                                         Species Act of 1973, as amended (Act).
                                                                                                          we receive, as well as supporting
                                                  is a Federal action that triggers the need                                                                    Hartwood Residential, LLC, is
                                                                                                          documentation we used in preparing the
                                                  for compliance with the National                                                                              requesting a 2-year ITP. We request
                                                                                                          draft EA, will be available for public
                                                  Environmental Policy Act of 1969, as                                                                          public comment on the permit
                                                                                                          inspection by appointment, during
                                                  amended (42 U.S.C. 4321 et seq.)                                                                              application and accompanying
                                                                                                          normal business hours, at our Oregon
                                                  (NEPA). We have prepared a draft EA to                                                                        proposed habitat conservation plan
                                                                                                          Fish and Wildlife Office (see
                                                  analyze the impacts of this proposed                                                                          (HCP), as well as on our preliminary
                                                                                                          ADDRESSES).
                                                  action on the human environment in                                                                            determination that the plan qualifies as
                                                  comparison to the no-action alternative.                Next Steps                                            low effect under the National
                                                                                                            We will evaluate the draft SHA,                     Environmental Policy Act (NEPA). To
                                                  Public Comments                                                                                               make this determination, we used our
                                                                                                          associated documents, and any public
                                                     You may submit your comments and                     comments we receive to determine                      environmental action statement and
                                                                                                                                                                low-effect screening form, which are
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                                                  materials by one of the methods listed                  whether the Permit application and the
                                                  in the ADDRESSES section. We request                    EA meet the requirements of section                   also available for review.
                                                  data, new information, or suggestions                   10(a) of the ESA, NEPA, and their                     DATES: To ensure consideration, please
                                                  from the public, other concerned                        respective implementing regulations.                  send your written comments by April
                                                  governmental agencies, Tribes, the                      We will also evaluate whether issuance                20, 2016.
                                                  scientific community, industry, or any                  of a Permit would comply with section                 ADDRESSES: If you wish to review the
                                                  other interested party on our proposed                  7(a)(2) of the ESA by conducting an                   application and HCP, you may request
                                                  Federal action. In particular, we request               intra-Service section 7 consultation on               documents by email, U.S. mail, or


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                                                  15120                         Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Notices

                                                  phone (see below). These documents are                  Lake County, Florida. The project                     Authority
                                                  also available for public inspection by                 includes construction of a residential                  We provide this notice under Section
                                                  appointment during normal business                      development. The applicant proposes to                10 of the Act and NEPA regulations (40
                                                  hours at the office below. Send your                    mitigate for the take of the sand skink               CFR 1506.6).
                                                  comments or requests by any one of the                  by the purchase of 5.6 mitigation credits
                                                  following methods.                                      from the Morgan Lake Wales Preserve                     Dated: March 8, 2016.
                                                     Email: northflorida@fws.gov. Use                     Conservation Bank.                                    Jay B. Herrington,
                                                  ‘‘Attn: Permit number TE80020B–0’’ as                                                                         Field Supervisor, Jacksonville Field Office,
                                                                                                          Our Preliminary Determination                         Southeast Region.
                                                  your message subject line for Hartwood
                                                  Residential, LLC.                                          We have determined that the                        [FR Doc. 2016–06205 Filed 3–18–16; 8:45 am]
                                                     Fax: Field Supervisor, (904) 731–                    applicant’s proposal, including the                   BILLING CODE 4333–15–P
                                                  3191, Attn: Permit number TE80020B–                     proposed mitigation and minimization
                                                  0.                                                      measures, would have minor or
                                                     U.S. mail: Field Supervisor,                         negligible effects on the species covered             DEPARTMENT OF THE INTERIOR
                                                  Jacksonville Ecological Services Field                  in their HCP. Therefore, our proposed
                                                  Office, Attn: Permit number TE80020B–                   issuance of the requested ITP qualifies               Office of the Secretary
                                                  0, U.S. Fish and Wildlife Service, 7915                 as a categorical exclusion under the                  [DT21200000 DST000000.T7AC00.241A]
                                                  Baymeadows Way, Suite 200,                              National Environmental Policy Act, as
                                                  Jacksonville, FL 32256.                                 provided by Department of the Interior                Proposed Renewal of Information
                                                     In-person drop-off: You may drop off                 implementing regulations in part 46 of                Collection: OMB Control Number
                                                  information during regular business                     title 43 of the Code of Federal                       1035–0004, Trust Funds for Tribes and
                                                  hours at the above office address.                      Regulations (43 CFR 46.205, 46.210, and               Individual Indians, 25 CFR Part 115
                                                  FOR FURTHER INFORMATION CONTACT:                        46.215). A low-effect HCP is one
                                                  Zakia Williams, telephone: (904) 731–                   involving (1) Minor or negligible effects             AGENCY:  Office of the Secretary, Office
                                                  3326; email: zakia_williams@fws.gov.                    on federally listed or candidate species              of the Special Trustee for American
                                                                                                          and their habitats, and (2) minor or                  Indians.
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          negligible effects on other                           ACTION: Notice and request for
                                                  Background                                              environmental values or resources.                    comments.
                                                     Section 9 of the Act (16 U.S.C. 1531                 Next Steps
                                                  et seq.) and our implementing Federal                                                                         SUMMARY:   In compliance with the
                                                  regulations in the Code of Federal                        We will evaluate the HCP and                        Paperwork Reduction Act of 1995, the
                                                  Regulations (CFR) at 50 CFR 17 prohibit                 comments we receive to determine                      Office of Special Trustee for American
                                                  the ‘‘take’’ of fish or wildlife species                whether the ITP application meets the                 Indians, Office of the Secretary,
                                                  listed as endangered or threatened. Take                requirements of section 10(a) of the Act              Department of the Interior, announces
                                                  of listed fish or wildlife is defined under             (16 U.S.C. 1531 et seq.). If we determine             the proposed extension of a public
                                                  the Act as ‘‘to harass, harm, pursue,                   that the application meets these                      information collection and seeks public
                                                  hunt, shoot, wound, kill, trap, capture,                requirements, we will issue ITP number                comments on the provisions thereof,
                                                  or collect, or to attempt to engage in any              TE80020B–0. We will also evaluate                     regarding, ‘‘Trust Funds for Tribes and
                                                  such conduct’’ (16 U.S.C. 1532).                        whether issuance of the section                       Individual Indians, 25 CFR 115,’’ OMB
                                                  However, under limited circumstances,                   10(a)(1)(B) ITP complies with section 7               Control No. 1035–0004.
                                                  we issue permits to authorize incidental                of the Act by conducting an intra-                    DATES: Consideration will be given to all
                                                  take—i.e., take that is incidental to, and              Service section 7 consultation. We will               comments received by May 20, 2016.
                                                  not the purpose of, the carrying out of                 use the results of this consultation, in              ADDRESSES: Send your written
                                                  an otherwise lawful activity.                           combination with the above findings, in               comments to Dianne M. Moran, Field
                                                     Regulations governing incidental take                our final analysis to determine whether               Operations, Office of the Special Trustee
                                                  permits for threatened and endangered                   or not to issue the ITP. If the                       for American Indians, 4400 Masthead
                                                  species are at 50 CFR 17.32 and 17.22,                  requirements are met, we will issue the               St. NE., Albuquerque, New Mexico
                                                  respectively. The Act’s take prohibitions               permit to the applicant.                              87109. You may also email your
                                                  do not apply to federally listed plants                 Public Comments                                       comments to: Dianne_Moran@
                                                  on private lands unless such take would                                                                       ost.doi.gov. Individuals providing
                                                                                                            If you wish to comment on the permit
                                                  violate State law. In addition to meeting                                                                     comments should reference OMB
                                                                                                          application, HCP, and associated
                                                  other criteria, an incidental take                                                                            control number 1035–0004, ‘‘Trust
                                                                                                          documents, you may submit comments
                                                  permit’s proposed actions must not                                                                            Funds for Tribes and Individual
                                                                                                          by any one of the methods in
                                                  jeopardize the existence of federally                                                                         Indians, 25 CFR 115.’’
                                                                                                          ADDRESSES.
                                                  listed fish, wildlife, or plants.                                                                             FOR FURTHER INFORMATION CONTACT: To
                                                                                                          Public Availability of Comments                       request a copy of the information
                                                  Applicant Proposal
                                                                                                            Before including your address, phone                collection request, any explanatory
                                                  Hartwood Residential, LLC                               number, email address, or other                       information and related forms, see the
                                                    Hartwood Residential, LLC, is                         personal identifying information in your              contact information provided in the
                                                  requesting take of approximately 2.8                    comments, you should be aware that                    ADDRESSES section above.
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                                                  acres of occupied sand skink foraging                   your entire comment—including your                    SUPPLEMENTARY INFORMATION:
                                                  and sheltering habitat incidental to                    personal identifying information—may
                                                  construction of a residential                           be made publicly available at any time.               I. Abstract
                                                  development, and they seek a 2-year                     While you can ask us in your comment                    This notice is for renewal of
                                                  permit. The 115.8-acre project is located               to withhold your personal identifying                 information collection.
                                                  on parcel number 09–23–26–0004–000–                     information from public review, we                      The Office of Management and Budget
                                                  02400 within Section 9 and 16,                          cannot guarantee that we will be able to              (OMB) regulations at 5 CFR part 1320,
                                                  Township 23 South, and Range 26 East,                   do so.                                                which implement the Paperwork


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Document Created: 2016-03-19 01:00:14
Document Modified: 2016-03-19 01:00:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments/information.
DatesTo ensure consideration, please send your written comments by April 20, 2016.
ContactZakia Williams, telephone: (904) 731- 3326; email: [email protected]
FR Citation81 FR 15119 

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