81 FR 15735 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Palmas Home Owners Association, Palmas Del Mar, Humacao, Puerto Rico

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range		15735-15736
FR Document		2016-06652

We, the 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). Palmas del Mar Home Owners Association requests 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.

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)

[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15735-15736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06652]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2016-N038]; [FXES11120400000-167-FF04EC1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan, Palmas Home Owners 
Association, Palmas Del Mar, Humacao, Puerto Rico

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 an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (Act). Palmas del Mar Home Owners 
Association requests 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 
April 25, 2016.

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: [email protected]. Use ``Attn: Permit number 
TE85455B-0'' as the subject line of your email.
     Fax: Deputy Field Supervisor, (787) 851-7440, Attn: Permit 
number TE85455B-0.
     Phone: 787-851-7297, x 206.
     U.S. mail: Field Supervisor, Caribbean Ecological Services 
Field Office; Attn: Permit Number TE85455B-0; U.S. Fish and Wildlife 
Service; P.O. Box 491; Boquer[oacute]n, PR 00622.
     In-person drop-off: You may drop off information or 
comments during regular business hours at the following office address: 
Caribbean Ecological Services Field Office; Road 301; Km. 5.1; 
Boquer[oacute]n, Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Marelisa Rivera,via telephone at (787) 
851-7297, x 206, or via email at [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's Proposal

    The Palmas Home Owners Association is proposing to renew and amend 
its existing HCP. They will be adding the following five new 
residential development areas to the HCP: Marbella Club, Solera, the 
Beach Club, Palmas Dorada, and Plaza del Mar. For the past 10 years, 
Palmas del Mar has had an ongoing sea turtle monitoring and 
conservation program, implemented sea turtle-friendly lighting in the 
existing developments, planted vegetation screens, and implemented 
avoidance and minimization measures during beach cleaning activities. 
These activities will continue and will be extended to the five new 
areas.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project, including the mitigation measures, will 
individually and cumulatively have a minor or negligible effect on the 
species covered in the HCP. Therefore, our proposed issuance of the 
requested incidental take permit 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). We 
base our preliminary determination that issuance of the ITP qualifies 
as a low-effect action on the following three criteria: (1) This

[[Page 15736]]

is a renewal of an existing project, and implementation of the project 
would result in minor or negligible effects on federally listed, 
proposed, and candidate species and their habitats; (2) Implementation 
of the project would result in minor or negligible effects on other 
environmental values or resources; and (3) Impacts of the project, 
considered together with the impacts of other past, present, and 
reasonably foreseeable similarly situated projects, would not result, 
over time, in cumulative effects to environmental values or resources 
that would be considered significant. This preliminary determination 
may be revised based on our review of public comments that we receive 
in response to this notice.

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 # TE85455B-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).

Edwin E. Mu[ntilde]iz,
Field Supervisor, Caribbean Ecological Services Field Office, Southeast 
Region.
[FR Doc. 2016-06652 Filed 3-23-16; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices 15735

OMB Approval Number: 2577–0246. DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION:
Type of Request: Extension of Background
currently approved collection. Fish and Wildlife Service
Form Number: None. Section 9 of the Act (16 U.S.C. 1531
[FWS–R4–ES–2016–N038];
et seq.) and our implementing Federal
Description of the need for the [FXES11120400000–167–FF04EC1000]
regulations in the Code of Federal
information and proposed use: Under Regulations (CFR) at 50 CFR 17 prohibit
the operating fund rule, PHAs that elect Endangered and Threatened Wildlife
and Plants; Availability of Proposed the ‘‘take’’ of fish or wildlife species
to file an appeal of their subsidy listed as endangered or threatened. Take
amounts are required to meet the appeal Low-Effect Habitat Conservation Plan,
Palmas Home Owners Association, of listed fish or wildlife is defined under
requirements set forth in subpart G of the Act as ‘‘to harass, harm, pursue,
the rule. There are four grounds of Palmas Del Mar, Humacao, Puerto Rico
hunt, shoot, wound, kill, trap, capture,
appeal in 24 CFR 990.245 under which AGENCY: Fish and Wildlife Service, or collect, or to attempt to engage in any
PHAs may appeal the amount of their Interior. such conduct’’ (16 U.S.C. 1532).
subsidy: (1) A streamlined appeal; (2) an However, under limited circumstances,
ACTION: Notice of availability; request
appeal for specific local conditions; (3) we issue permits to authorize incidental
for comment/information.
an appeal for changing market take—i.e., take that is incidental to, and
conditions; (4) and an appeal to SUMMARY: We, the Fish and Wildlife not the purpose of, the carrying out of
substitute actual project cost data. To Service (Service), have received an an otherwise lawful activity.
appeal the amount of subsidy on any application for an incidental take permit Regulations governing incidental take
one of these permitted bases of appeal, (ITP) under the Endangered Species Act permits for threatened and endangered
PHAs submit a written appeal request to of 1973, as amended (Act). Palmas del species are at 50 CFR 17.32 and 17.22,
HUD. Mar Home Owners Association requests respectively. The Act’s take prohibitions
Respondents (i.e. affected public): a 10-year ITP. We request public do not apply to federally listed plants
State, Local or Tribal Government. comment on the permit application and on private lands unless such take would
Estimated Number of Respondents: accompanying proposed habitat violate State law. In addition to meeting
105. conservation plan (HCP), as well as on other criteria, an incidental take
Estimated Number of Responses: 105. our preliminary determination that the permit’s proposed actions must not
Frequency of Response: 1. plan qualifies as low-effect under the jeopardize the existence of federally
Average Hours per Response: 20. National Environmental Policy Act listed fish, wildlife, or plants.
Total Estimated Burdens: 2049. (NEPA). To make this determination, we
Applicant’s Proposal
used our environmental action
B. Solicitation of Public Comment statement and low-effect screening form, The Palmas Home Owners
which are also available for review. Association is proposing to renew and
This notice is soliciting comments amend its existing HCP. They will be
from members of the public and affected DATES: To ensure consideration, please
send your written comments by April adding the following five new
parties concerning the collection of residential development areas to the
information described in Section A on 25, 2016.
HCP: Marbella Club, Solera, the Beach
the following: ADDRESSES: If you wish to review the
Club, Palmas Dorada, and Plaza del Mar.
(1) Whether the proposed collection application and HCP, you may request For the past 10 years, Palmas del Mar
of information is necessary for the documents by email, U.S. mail, or has had an ongoing sea turtle
proper performance of the functions of phone (see below). These documents are monitoring and conservation program,
the agency, including whether the also available for public inspection by implemented sea turtle–friendly lighting
information will have practical utility; appointment during normal business in the existing developments, planted
(2) The accuracy of the agency’s hours at the office below. Send your vegetation screens, and implemented
estimate of the burden of the proposed comments or requests by any one of the avoidance and minimization measures
collection of information; following methods. during beach cleaning activities. These
(3) Ways to enhance the quality, • Email: marelisa_rivera@fws.gov. activities will continue and will be
utility, and clarity of the information to Use ‘‘Attn: Permit number TE85455B– extended to the five new areas.
be collected; and 0’’ as the subject line of your email.
(4) Ways to minimize the burden of • Fax: Deputy Field Supervisor, (787) Our Preliminary Determination
the collection of information on those 851–7440, Attn: Permit number The Service has made a preliminary
who are to respond; including through TE85455B–0. determination that the applicant’s
the use of appropriate automated • Phone: 787–851–7297, x 206. project, including the mitigation
collection techniques or other forms of • U.S. mail: Field Supervisor, measures, will individually and
information technology, e.g., permitting Caribbean Ecological Services Field cumulatively have a minor or negligible
electronic submission of responses. Office; Attn: Permit Number TE85455B– effect on the species covered in the
HUD encourages interested parties to 0; U.S. Fish and Wildlife Service; P.O. HCP. Therefore, our proposed issuance
submit comment in response to these Box 491; Boquerón, PR 00622. of the requested incidental take permit
questions. • In-person drop-off: You may drop qualifies as a categorical exclusion
off information or comments during under the National Environmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Authority: Section 3507 of the Paperwork regular business hours at the following
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Policy Act, as provided by Department
office address: Caribbean Ecological of the Interior implementing regulations
Dated: March 16, 2016. Services Field Office; Road 301; Km. in part 46 of title 43 of the Code of
Colette Pollard, 5.1; Boquerón, Puerto Rico. Federal Regulations (43 CFR 46.205,
Department Reports Management Officer, FOR FURTHER INFORMATION CONTACT: 46.210, and 46.215). We base our
Office of the Chief Information Officer. Marelisa Rivera,via telephone at (787) preliminary determination that issuance
[FR Doc. 2016–06703 Filed 3–23–16; 8:45 am] 851–7297, x 206, or via email at of the ITP qualifies as a low-effect action
BILLING CODE 4210–67–P marelisa_rivera@fws.gov. on the following three criteria: (1) This

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15736 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices

is a renewal of an existing project, and Authority unless authorized by a Federal permit.
implementation of the project would We provide this notice under Section Along with our implementing
result in minor or negligible effects on 10 of the Act and NEPA regulations (40 regulations at 50 CFR 17, the Act
federally listed, proposed, and CFR 1506.6). provides for permits and requires that
candidate species and their habitats; (2) we invite public comment before
Implementation of the project would Edwin E. Muñiz, issuing these permits for endangered
result in minor or negligible effects on Field Supervisor, Caribbean Ecological species.
other environmental values or Services Field Office, Southeast Region. A permit granted by us under section
resources; and (3) Impacts of the project, [FR Doc. 2016–06652 Filed 3–23–16; 8:45 am] 10(a)(1)(A) of the Act authorizes the
considered together with the impacts of BILLING CODE 4333–15–P permittees to conduct activities with
U.S. endangered or threatened species
other past, present, and reasonably
for scientific purposes, enhancement of
foreseeable similarly situated projects,
DEPARTMENT OF THE INTERIOR propagation or survival, or interstate
would not result, over time, in
commerce (the latter only in the event
cumulative effects to environmental Fish and Wildlife Service that it facilitates scientific purposes or
values or resources that would be enhancement of propagation or
considered significant. This preliminary [FWS–R6–ES–2016–N034;
FXES11130600000–167–FF06E00000] survival). Our regulations implementing
determination may be revised based on section 10(a)(1)(A) for these permits are
our review of public comments that we Endangered and Threatened Wildlife found at 50 CFR 17.22 for endangered
receive in response to this notice. and Plants; Recovery Permit wildlife species, 50 CFR 17.32 for
Next Steps Applications threatened wildlife species, 50 CFR
17.62 for endangered plant species, and
AGENCY: Fish and Wildlife Service, 50 CFR 17.72 for threatened plant
We will evaluate the HCP and
Interior. species.
comments we receive to determine
whether the ITP application meets the ACTION: Notice of availability; request
for comments. Applications Available for Review and
requirements of section 10(a) of the Act Comment
(16 U.S.C. 1531 et seq.). If we determine SUMMARY: We, the U.S. Fish and We invite local, State, and Federal
that the application meets these Wildlife Service, invite the public to agencies and the public to comment on
requirements, we will issue ITP # comment on the following applications the following applications. Documents
TE85455B–0. We will also evaluate to conduct activities intended to and other information the applicants
whether issuance of the section enhance the survival of endangered or have submitted with their applications
10(a)(1)(B) ITP complies with section 7 threatened species. are available for review, subject to the
of the Act by conducting an intra- DATES: To ensure consideration, please requirements of the Privacy Act (5
Service section 7 consultation. We will send your written comments by April U.S.C. 552a) and Freedom of
use the results of this consultation, in 25, 2016. Information Act (5 U.S.C. 552).
combination with the above findings, in ADDRESSES: You may submit comments
our final analysis to determine whether Permit Application Number TE047381
or requests for copies or more
or not to issue the ITP. If the information by any of the following Applicant: Bureau of Indian Affairs,
requirements are met, we will issue the methods. Alternatively, you may use Southern Ute, Ignacio, CO.
permit to the applicant. one of the following methods to request The applicant requests a permit to
hard copies or a CD–ROM of the conduct presence/absence surveys for
Public Comments southwestern willow flycatcher
documents. Please specify the permit
you are interested in by number (e.g., (Empidonax traillii extimus) in
If you wish to comment on the permit
Permit No. TE–XXXXXX). Colorado for the purpose of enhancing
application, HCP, and associated
• Email: permitsR6ES@fws.gov. the species’ survival.
documents, you may submit comments
by any one of the methods in Please refer to the respective permit Permit Application Number TE13024B
ADDRESSES. number (e.g., Permit No. TE–XXXXXX)
Applicant: Bureau of Land
in the subject line of the message.
Management, Lakewood, CO.
Public Availability of Comments • U.S. Mail: Ecological Services, U.S. The applicant requests an amendment
Fish and Wildlife Service, P.O. Box to an existing permit to continue
Before including your address, phone 25486–DFC, Denver, CO 80225.
number, email address, or other presence/absence surveys for
• In-Person Drop-Off, Viewing, or southwestern willow flycatcher
personal identifying information in your Pickup: Call (719) 628–2670 to make an
comments, you should be aware that (Empidonax traillii extimus) in
appointment during regular business Colorado for the purpose of enhancing
your entire comment—including your hours at 134 Union Blvd., Suite 645,
personal identifying information—may the species’ survival.
Lakewood, CO 80228.
be made publicly available at any time. FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act
While you can ask us in your comment Kathy Konishi, Recovery Permits In compliance with the National
to withhold your personal identifying Coordinator, Ecological Services, (719) Environmental Policy Act (42 U.S.C.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

information from public review, we 628–2670 (phone); permitsR6ES@ 4321 et seq.), we have made an initial
cannot guarantee that we will be able to fws.gov (email). determination that the proposed
do so. SUPPLEMENTARY INFORMATION: activities in these permits are
categorically excluded from the
Background requirement to prepare an
The Act (16 U.S.C. 1531 et seq.) environmental assessment or
prohibits certain activities with environmental impact statement (516
endangered and threatened species DM 6 Appendix 1, 1.4C(1)).

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Document Created: 2016-03-24 00:57:22
Document Modified: 2016-03-24 00:57:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comment/information.
Dates		To ensure consideration, please send your written comments by April 25, 2016.
Contact		Marelisa Rivera,via telephone at (787) 851-7297, x 206, or via email at [email protected]
FR Citation		81 FR 15735

81 FR 15735 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Palmas Home Owners Association, Palmas Del Mar, Humacao, Puerto Rico

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 57 (March 24, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service