81_FR_59125 81 FR 58959 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Orange County, FL

81 FR 58959 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan, Orange County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range58959-58960
FR Document2016-20484

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). Orange County Utilities Department, is requesting a 5-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 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58959-58960]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20484]


=======================================================================
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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, Orange County, FL

AGENCY: Fish and Wildlife Service, Interior.

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

-----------------------------------------------------------------------

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). Orange County 
Utilities Department, is requesting a 5-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 
September 26, 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 TE02053C-0'' 
as your message subject line for Orange County Utilities Department.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number 
TE02053C-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE02053C-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-
3119; 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

Orange County Utilities Department

    Orange County Utilities Department, is requesting take of 
approximately 5.0 acres of occupied sand skink foraging and sheltering 
habitat incidental to construction of a road extension, and they seek a 
5-year permit. The 41.7-acre project is located on parcel number 09-23-
27-0000-00-006 within Section 16 and 17, Township 23 South, and Range 
27 East, Orange County, Florida. The project includes construction of a 
road extension and associated infrastructure. The applicant proposes to 
mitigate for the take of the sand skink by the purchase of 10.0 
mitigation credits from the Scrub 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 TE02053C-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).


[[Page 58960]]


    Dated: August 10, 2016.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2016-20484 Filed 8-25-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices                                           58959

                                                  D, available at https://                                comments or requests by any one of the                purchase of 10.0 mitigation credits from
                                                  www.huduser.gov/portal/datasets/                        following methods.                                    the Scrub Conservation Bank.
                                                  fmr.html, are listed alphabetically by                     Email: northflorida@fws.gov. Use
                                                                                                          ‘‘Attn: Permit number TE02053C–0’’ as                 Our Preliminary Determination
                                                  state.
                                                     b. The constituent counties (and New                 your message subject line for Orange                     We have determined that the
                                                  England towns and cities) included in                   County Utilities Department.                          applicant’s proposal, including the
                                                  each metropolitan FMR area are listed                      Fax: Field Supervisor, (904) 731–                  proposed mitigation and minimization
                                                  immediately following the listings of the               3191, Attn: Permit number TE02053C–                   measures, would have minor or
                                                  FMR dollar amounts. All constituent                     0.                                                    negligible effects on the species covered
                                                  parts of a metropolitan FMR area that                      U.S. mail: Field Supervisor,                       in their HCP. Therefore, our proposed
                                                  are in more than one state can be                       Jacksonville Ecological Services Field                issuance of the requested ITP qualifies
                                                  identified by consulting the listings for               Office, Attn: Permit number TE02053C–                 as a categorical exclusion under the
                                                  each applicable state.                                  0, U.S. Fish and Wildlife Service, 7915               National Environmental Policy Act, as
                                                     c. Two nonmetropolitan counties are                  Baymeadows Way, Suite 200,                            provided by Department of the Interior
                                                  listed alphabetically on each line of the               Jacksonville, FL 32256.                               implementing regulations in part 46 of
                                                  non-metropolitan county listings.                          In-person drop-off: You may drop off               title 43 of the Code of Federal
                                                     d. The New England towns and cities                  information during regular business                   Regulations (43 CFR 46.205, 46.210, and
                                                  included in a nonmetropolitan county                    hours at the above office address.                    46.215). A low-effect HCP is one
                                                  are listed immediately following the                    FOR FURTHER INFORMATION CONTACT:                      involving (1) Minor or negligible effects
                                                  county name.                                            Zakia Williams, telephone: (904) 731–                 on federally listed or candidate species
                                                  [FR Doc. 2016–20552 Filed 8–25–16; 8:45 am]             3119; email: zakia_williams@fws.gov.                  and their habitats, and (2) minor or
                                                  BILLING CODE 4210–67–P                                  SUPPLEMENTARY INFORMATION:                            negligible effects on other
                                                                                                                                                                environmental values or resources.
                                                                                                          Background
                                                                                                                                                                Next Steps
                                                                                                             Section 9 of the Act (16 U.S.C. 1531
                                                  DEPARTMENT OF THE INTERIOR                                                                                      We will evaluate the HCP and
                                                                                                          et seq.) and our implementing Federal
                                                                                                          regulations in the Code of Federal                    comments we receive to determine
                                                  Fish and Wildlife Service
                                                                                                          Regulations (CFR) at 50 CFR 17 prohibit               whether the ITP application meets the
                                                  [FWS–R4–ES–2016–N028:                                   the ‘‘take’’ of fish or wildlife species              requirements of section 10(a) of the Act
                                                  FXES11130400000EA–123–FF04EF1000]                       listed as endangered or threatened. Take              (16 U.S.C. 1531 et seq.). If we determine
                                                                                                          of listed fish or wildlife is defined under           that the application meets these
                                                  Endangered and Threatened Wildlife                                                                            requirements, we will issue ITP number
                                                  and Plants; Availability of Proposed                    the Act as ‘‘to harass, harm, pursue,
                                                                                                          hunt, shoot, wound, kill, trap, capture,              TE02053C–0. We will also evaluate
                                                  Low-Effect Habitat Conservation Plan,                                                                         whether issuance of the section
                                                  Orange County, FL                                       or collect, or to attempt to engage in any
                                                                                                          such conduct’’ (16 U.S.C. 1532).                      10(a)(1)(B) ITP complies with section 7
                                                  AGENCY:   Fish and Wildlife Service,                    However, under limited circumstances,                 of the Act by conducting an intra-
                                                  Interior.                                               we issue permits to authorize incidental              Service section 7 consultation. We will
                                                  ACTION: Notice of availability; request                 take—i.e., take that is incidental to, and            use the results of this consultation, in
                                                  for comments/information.                               not the purpose of, the carrying out of               combination with the above findings, in
                                                                                                          an otherwise lawful activity.                         our final analysis to determine whether
                                                  SUMMARY:   We, the U.S. Fish and                           Regulations governing incidental take              or not to issue the ITP. If the
                                                  Wildlife Service (Service), have received               permits for threatened and endangered                 requirements are met, we will issue the
                                                  an application for an incidental take                   species are at 50 CFR 17.32 and 17.22,                permit to the applicant.
                                                  permit (ITP) under the Endangered                       respectively. The Act’s take prohibitions             Public Comments
                                                  Species Act of 1973, as amended (Act).                  do not apply to federally listed plants
                                                  Orange County Utilities Department, is                  on private lands unless such take would                 If you wish to comment on the permit
                                                  requesting a 5-year ITP. We request                     violate State law. In addition to meeting             application, HCP, and associated
                                                  public comment on the permit                            other criteria, an incidental take                    documents, you may submit comments
                                                  application and accompanying                            permit’s proposed actions must not                    by any one of the methods in
                                                  proposed habitat conservation plan                      jeopardize the existence of federally                 ADDRESSES.
                                                  (HCP), as well as on our preliminary                    listed fish, wildlife, or plants.                     Public Availability of Comments
                                                  determination that the plan qualifies as
                                                                                                          Applicant Proposal                                      Before including your address, phone
                                                  low effect under the National
                                                  Environmental Policy Act (NEPA). To                                                                           number, email address, or other
                                                                                                          Orange County Utilities Department
                                                  make this determination, we used our                                                                          personal identifying information in your
                                                                                                             Orange County Utilities Department,                comments, you should be aware that
                                                  environmental action statement and                      is requesting take of approximately 5.0
                                                  low-effect screening form, which are                                                                          your entire comment—including your
                                                                                                          acres of occupied sand skink foraging                 personal identifying information—may
                                                  also available for review.                              and sheltering habitat incidental to                  be made publicly available at any time.
                                                  DATES: To ensure consideration, please                  construction of a road extension, and                 While you can ask us in your comment
                                                  send your written comments by                           they seek a 5-year permit. The 41.7-acre              to withhold your personal identifying
                                                  September 26, 2016.                                     project is located on parcel number 09–
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                information from public review, we
                                                  ADDRESSES: If you wish to review the                    23–27–0000–00–006 within Section 16                   cannot guarantee that we will be able to
                                                  application and HCP, you may request                    and 17, Township 23 South, and Range                  do so.
                                                  documents by email, U.S. mail, or                       27 East, Orange County, Florida. The
                                                  phone (see below). These documents are                  project includes construction of a road               Authority
                                                  also available for public inspection by                 extension and associated infrastructure.                We provide this notice under Section
                                                  appointment during normal business                      The applicant proposes to mitigate for                10 of the Act and NEPA regulations (40
                                                  hours at the office below. Send your                    the take of the sand skink by the                     CFR 1506.6).


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                                                  58960                                    Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices

                                                    Dated: August 10, 2016.                                                 ACTION:      Notice of issuance of permits.                        (telephone); 703–358–2281 (fax);
                                                  Jay B. Herrington,                                                                                                                           DMAFR@fws.gov (email).
                                                  Field Supervisor, Jacksonville Field Office,                              SUMMARY:   We, the U.S. Fish and
                                                  Southeast Region.                                                         Wildlife Service (Service), have issued                            SUPPLEMENTARY INFORMATION:      On the
                                                                                                                            the following permits to conduct certain                           dates below, as authorized by the
                                                  [FR Doc. 2016–20484 Filed 8–25–16; 8:45 am]
                                                                                                                            activities with endangered species,                                provisions of the ESA (16 U.S.C. 1531
                                                  BILLING CODE 4333–15–P
                                                                                                                            marine mammals, or both. We issue                                  et seq.), as amended, and/or the MMPA,
                                                                                                                            these permits under the Endangered                                 as amended (16 U.S.C. 1361 et seq.), we
                                                  DEPARTMENT OF THE INTERIOR                                                Species Act (ESA) and Marine Mammal                                issued requested permits subject to
                                                                                                                            Protection Act (MMPA).                                             certain conditions set forth therein. For
                                                  Fish and Wildlife Service                                                 ADDRESSES: Brenda Tapia, U.S. Fish and                             each permit for an endangered species,
                                                  [Docket No. FWS–HQ–IA–2016–0108;                                          Wildlife Service, Division of                                      we found that (1) The application was
                                                  FXIA16710900000–156–FF09A30000]                                           Management Authority, Branch of                                    filed in good faith, (2) The granted
                                                                                                                            Permits, MS: IA, 5275 Leesburg Pike,                               permit would not operate to the
                                                  Endangered Species; Marine                                                Falls Church, VA 22041; fax 703–358–                               disadvantage of the endangered species,
                                                  Mammals; Issuance of Permits                                              2281.                                                              and (3) The granted permit would be
                                                  AGENCY:       Fish and Wildlife Service,                                  FOR FURTHER INFORMATION CONTACT:                                   consistent with the purposes and policy
                                                  Interior.                                                                 Brenda Tapia, 703–358–2104                                         set forth in section 2 of the ESA.

                                                                                                                                                                                   Receipt of application Federal                Permit issuance
                                                                       Permit No.                                                       Applicant                                         Register notice                             date

                                                                                                                                             Endangered Species

                                                  81689B      ..................................................   Leon Munyan ........................................      81   FR   5778; February 3, 2016 .............     April 5, 2016.
                                                  82084B      ..................................................   Edwin Rymut .........................................     81   FR   8093; February 17, 2016 ...........      May 9, 2016.
                                                  84562B      ..................................................   University of California ..........................       81   FR   16197; March 25, 2016 ..............     August 22, 2016.
                                                  88754B      ..................................................   Arthur Webber .......................................     81   FR   16197; March 25, 2016 ..............     June 1, 2016.
                                                  88758B      ..................................................   Douglas Wyatt .......................................     81   FR   16197; March 25, 2016 ..............     June 1, 2016.
                                                  94211B      ..................................................   Terry Freeman ......................................      81   FR   33700; May 27, 2016 .................    July 20, 2016.
                                                  93135B      ..................................................   Patrick Ballenger ...................................     81   FR   33700; May 27, 2016 .................    July 25, 2016.
                                                  88951B      ..................................................   Terry Jones ...........................................   81   FR   33700; May 27, 2016 .................    July 25, 2016.
                                                  91101B      ..................................................   Greenville Zoo .......................................    81   FR   35792; June 3, 2016 ..................   July 26, 2016.
                                                  87845B      ..................................................   Xochitl De La Rosa Reyna ...................              81   FR   40716; June 22, 2016 ................    July 27, 2016.
                                                  98525B      ..................................................   Kevin Petersen ......................................     81   FR   40716; June 22, 2016 ................    August 4, 2016.

                                                                                                                                                Marine Mammals

                                                  90060B ..................................................        Laura Graham .......................................      81 FR 43223; July 1, 2016 ...................      August 16, 2016.



                                                  Availability of Documents                                                 DEPARTMENT OF THE INTERIOR                                         extension does not modify any other
                                                                                                                                                                                               terms of the compact. See to 25 CFR
                                                    Documents and other information                                         Bureau of Indian Affairs                                           293.5. The Crow Creek Sioux Tribe and
                                                  submitted with these applications are                                                                                                        the State of South Dakota have reached
                                                                                                                            [167 A2100DD/AAKC001030/
                                                  available for review, subject to the                                      A0A501010.999900]                                                  an agreement to extend the expiration of
                                                  requirements of the Privacy Act and                                                                                                          their existing Tribal-State Class III
                                                  Freedom of Information Act, by any                                        Indian Gaming; Extension of Tribal-                                gaming compact until December 31,
                                                  party who submits a written request for                                   State Class III Gaming Compact (Crow                               2016. This publishes notice of the new
                                                  a copy of such documents to: U.S. Fish                                    Creek Sioux Tribe and the State of                                 expiration date of the compact.
                                                  and Wildlife Service, Division of                                         South Dakota)                                                        Dated: August 19, 2016.
                                                  Management Authority, Branch of                                                                                                              Lawrence S. Roberts,
                                                                                                                            AGENCY:       Bureau of Indian Affairs,
                                                  Permits, MS: IA, 5275 Leesburg Pike,                                                                                                         Principal Deputy Assistant Secretary—Indian
                                                                                                                            Interior.
                                                  Falls Church, VA 22041; fax (703) 358–                                                                                                       Affairs.
                                                  2281.                                                                     ACTION:  Notice.
                                                                                                                                                                                               [FR Doc. 2016–20436 Filed 8–25–16; 8:45 am]
                                                  Brenda Tapia,                                                             SUMMARY:    This notice announces the                              BILLING CODE 4337–15–P
                                                                                                                            extension of the Class III gaming
                                                  Program Analyst/Data Administrator, Branch
                                                  of Permits, Division of Management
                                                                                                                            compact between the Crow Creek Sioux
                                                  Authority.                                                                Tribe and the State of South Dakota.                               DEPARTMENT OF THE INTERIOR
                                                  [FR Doc. 2016–20554 Filed 8–25–16; 8:45 am]                               DATES: Effective August 26, 2016.
                                                                                                                                                                                               Bureau of Land Management
                                                  BILLING CODE 4333–15–P
                                                                                                                            FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                            Paula L. Hart, Director, Office of Indian                          [LLAK9100000.L141000000.XX0000]
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                            Gaming, Office of the Assistant
                                                                                                                            Secretary—Indian Affairs, Washington,                              Second Call for Nominations to the
                                                                                                                            DC 20240, (202) 219–4066.                                          Alaska Resource Advisory Council
                                                                                                                            SUPPLEMENTARY INFORMATION: An                                      AGENCY:   Bureau of Land Management,
                                                                                                                            extension to an existing tribal-state                              Interior.
                                                                                                                            Class III gaming compact does not
                                                                                                                                                                                               ACTION: Notice.
                                                                                                                            require approval by the Secretary if the


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Document Created: 2016-08-26 10:41:16
Document Modified: 2016-08-26 10:41:16
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 September 26, 2016.
ContactZakia Williams, telephone: (904) 731- 3119; email: [email protected]
FR Citation81 FR 58959 

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