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)

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, 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.

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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). 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