81 FR 81796 - Incidental Take Permit Applications for Alabama Beach Mouse; Gulf Shores, Alabama

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range		81796-81797
FR Document		2016-27766

Under the Endangered Species Act, we, the U.S. Fish and Wildlife Service, announce the receipt and availability of three proposed low-effect habitat conservation plans and accompanying incidental take permit applications for take of Alabama beach mouse habitat incidental to construction in Orange Beach and Gulf Shores, Alabama. We invite public comments on these documents.

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81796-81797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27766]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2016-N197; FXES11140400000-178-FF04E00000]


Incidental Take Permit Applications for Alabama Beach Mouse; Gulf 
Shores, Alabama

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: Under the Endangered Species Act, we, the U.S. Fish and 
Wildlife Service, announce the receipt and availability of three 
proposed low-effect habitat conservation plans and accompanying 
incidental take permit applications for take of Alabama beach mouse 
habitat incidental to construction in Orange Beach and Gulf Shores, 
Alabama. We invite public comments on these documents.

DATES: We must receive any written comments at our Alabama Field Office 
(see ADDRESSES) on or before December 19, 2016.

ADDRESSES: Obtaining Documents: Documents are available for public 
inspection by appointment during normal business hours at the Fish and 
Wildlife Service's Alabama Field Office, 1208-B Main Street, Daphne, AL 
36526. Please submit comments by U.S. mail to the Fish and Wildlife 
Service's Alabama Field Office.
    Submitting Comments: For information on how to submit comments, see 
Public Comments under SUPPLEMENTARY INFORMATION, below.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Lynn, Wildlife Biologist, 
Alabama Field Office (see ADDRESSES); telephone: 251-441-5868.

SUPPLEMENTARY INFORMATION:

Introduction

    We announce the availability of three proposed low-effect habitat 
conservation plans (HCPs), which analyze the take of the Alabama beach

[[Page 81797]]

mouse (Peromyscus polionotus ammobates) (ABM) incidental to 
construction of one single-family home by Charles L. Jones on a 0.779-
acre lot in Orange Beach, Alabama, and construction of two single-
family homes by Duane A. Baker and Joe Colich on two 0.68-acre lots in 
Gulf Shores, Alabama. The applicants request incidental take permits 
(ITP) under section 10(a)(1)(B) of the Endangered Species Act (Act; 16 
U.S.C. 1531 et seq.). If we approve these three ITPs, Charles L. Jones 
anticipates the taking of up to 0.11 acres of ABM habitat over a 50-
year ITP, and Duane Baker and Joe Colich anticipate the taking of up to 
0.10 acres on each lot of ABM habitat over a 50-year ITP.

Applicants' Proposals

Charles L. Jones

    The applicant proposes to minimize and mitigate the take of up to 
0.11 acres of ABM habitat at a lot off Highway 182 in Orange Beach, 
Alabama, by using standard ABM conservation measures at the proposed 
development and by donating an ``in-lieu'' fee to the Alabama Coastal 
Heritage Trust (ACHT) group (ACHT). The lot proposed for development 
currently is undeveloped, but developers will utilize an existing 
driveway to minimize impacts. The ``in-lieu'' fee will be donated to 
the ACHT group, which will use the fee to either manage, maintain, or 
acquire ABM habitat within the Gulf State Park critical habitat unit 
and/or immediately adjacent lands.

Baker-Colich

    The applicants propose to minimize and mitigate the take of up to 
0.20 acres of ABM habitat at two lots off Dacus Lane in Gulf Shores, 
Alabama, by using standard ABM conservation measures at the proposed 
development (such as minimizing construction footprint, restoration of 
native vegetation, and measures to minimize effects to ABM during 
occupancy and use of the development) and by donating a 0.14-acre lot 
in the proposed Gulf Highlands conservation area of the Fort Morgan 
Peninsula. The lots proposed for development are interior scrub lots 
that are part of a subdivided larger lot. The lot proposed for 
mitigation is within the proposed Gulf Highlands conservation area, 
contains high-quality interior scrub habitat, and will be donated to 
ACHT. ACHT will either place a conservation easement on the lot or 
eventually convey it as part of the future Gulf Highlands Conservation 
Area.

Our Preliminary Determination

    We have made a preliminary determination that the applicants' 
projects, including the mitigation measures, will individually and 
cumulatively have a minor or negligible effect on the species covered 
in the HCPs. Therefore, our proposed issuance of the requested ITPs 
qualifies as a categorical exclusion under the National Environmental 
Policy Act (NEPA), as provided by Department of the Interior 
implementing regulations in part 46 of title 43 of the Code of Federal 
Regulations (516 DM 8.5C(1)).
    We base our determination that issuance of each ITP qualifies as a 
low-effect action on the following three criteria: (1) 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 plan, 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. As more fully explained 
in our environmental action statement and associated Low-Effect 
Screening Form, the applicants' proposed projects qualify as ``low-
effect'' projects. This preliminary determination may be revised based 
on our review of public comments that we receive in response to this 
notice.

Public Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference TE11097C-0 (Charles L. Jones), or 
TE11183C-0 (Duane A. Baker) and TE11182C-0 (Joe Colich) in such 
comments. You may mail comments to the Fish and Wildlife Service's 
Alabama Field Office (see ADDRESSES). Alternately, you may email 
comments to: [email protected]. Please include your name and return 
address in your email message. If you do not receive a confirmation 
from us that we have received your email message, contact us directly 
at the telephone number listed under FOR FURTHER INFORMATION CONTACT. 
Finally, you may hand-deliver comments to the Service's Alabama Field 
Office (see ADDRESSES).

Covered Area

    The area encompassed by the HCPs and applications is the 0.779-acre 
lot located at 22756 Perdido Beach Boulevard, in Orange Beach, Alabama 
and the two 0.68-acre lots located off Dacus Lane, in Gulf Shores, 
Alabama.

Next Steps

    We will evaluate the ITP applications, including the HCPs and any 
comments we receive, to determine whether the applications meet the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of a 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 ITPs. If we determine that the requirements are met, we will 
issue the ITPs for the incidental take of ABM habitat.

Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: November 14, 2016.
William J. Pearson,
Field Supervisor, Alabama Ecological Services Field Office.
[FR Doc. 2016-27766 Filed 11-17-16; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81797

mouse (Peromyscus polionotus Our Preliminary Determination not receive a confirmation from us that
ammobates) (ABM) incidental to We have made a preliminary we have received your email message,
construction of one single-family home determination that the applicants’ contact us directly at the telephone
by Charles L. Jones on a 0.779-acre lot projects, including the mitigation number listed under FOR FURTHER
in Orange Beach, Alabama, and measures, will individually and INFORMATION CONTACT. Finally, you may
construction of two single-family homes cumulatively have a minor or negligible hand-deliver comments to the Service’s
by Duane A. Baker and Joe Colich on effect on the species covered in the Alabama Field Office (see ADDRESSES).
two 0.68-acre lots in Gulf Shores, HCPs. Therefore, our proposed issuance Covered Area
Alabama. The applicants request of the requested ITPs qualifies as a
incidental take permits (ITP) under The area encompassed by the HCPs
categorical exclusion under the National
section 10(a)(1)(B) of the Endangered and applications is the 0.779-acre lot
Environmental Policy Act (NEPA), as
Species Act (Act; 16 U.S.C. 1531 et located at 22756 Perdido Beach
provided by Department of the Interior
seq.). If we approve these three ITPs, Boulevard, in Orange Beach, Alabama
implementing regulations in part 46 of
Charles L. Jones anticipates the taking of and the two 0.68-acre lots located off
title 43 of the Code of Federal
up to 0.11 acres of ABM habitat over a Dacus Lane, in Gulf Shores, Alabama.
Regulations (516 DM 8.5C(1)).
50-year ITP, and Duane Baker and Joe We base our determination that Next Steps
Colich anticipate the taking of up to issuance of each ITP qualifies as a low- We will evaluate the ITP applications,
0.10 acres on each lot of ABM habitat effect action on the following three including the HCPs and any comments
over a 50-year ITP. criteria: (1) Implementation of the we receive, to determine whether the
project would result in minor or applications meet the requirements of
Applicants’ Proposals negligible effects on federally listed, section 10(a)(1)(B) of the Act. We will
Charles L. Jones proposed, and candidate species and also evaluate whether issuance of a
their habitats; (2) implementation of the section 10(a)(1)(B) ITP complies with
The applicant proposes to minimize project would result in minor or section 7 of the Act by conducting an
and mitigate the take of up to 0.11 acres negligible effects on other intra-Service section 7 consultation. We
of ABM habitat at a lot off Highway 182 environmental values or resources; and will use the results of this consultation,
in Orange Beach, Alabama, by using (3) impacts of the plan, considered in combination with the above findings,
standard ABM conservation measures at together with the impacts of other past, in our final analysis to determine
the proposed development and by present, and reasonably foreseeable whether or not to issue the ITPs. If we
donating an ‘‘in-lieu’’ fee to the similarly situated projects, would not determine that the requirements are
Alabama Coastal Heritage Trust (ACHT) result, over time, in cumulative effects met, we will issue the ITPs for the
group (ACHT). The lot proposed for to environmental values or resources incidental take of ABM habitat.
development currently is undeveloped, that would be considered significant. As
but developers will utilize an existing more fully explained in our Authority
driveway to minimize impacts. The ‘‘in- environmental action statement and We provide this notice under section
lieu’’ fee will be donated to the ACHT associated Low-Effect Screening Form, 10 of the Act (16 U.S.C. 1531 et seq.)
group, which will use the fee to either the applicants’ proposed projects and NEPA regulations (40 CFR 1506.6).
manage, maintain, or acquire ABM qualify as ‘‘low-effect’’ projects. This
Dated: November 14, 2016.
habitat within the Gulf State Park preliminary determination may be
revised based on our review of public William J. Pearson,
critical habitat unit and/or immediately
comments that we receive in response to Field Supervisor, Alabama Ecological
adjacent lands. Services Field Office.
this notice.
Baker-Colich [FR Doc. 2016–27766 Filed 11–17–16; 8:45 am]
Public Comments BILLING CODE 4333–15–P
The applicants propose to minimize Before including your address, phone
and mitigate the take of up to 0.20 acres number, email address, or other
of ABM habitat at two lots off Dacus personal identifying information in your DEPARTMENT OF THE INTERIOR
Lane in Gulf Shores, Alabama, by using comment, you should be aware that
standard ABM conservation measures at your entire comment—including your Invasive Species Advisory Committee;
the proposed development (such as personal identifying information—may Meeting
minimizing construction footprint, be made publicly available at any time. AGENCY: Office of the Secretary, Interior.
restoration of native vegetation, and While you can ask us in your comment ACTION: Notice of public meetings of the
measures to minimize effects to ABM to withhold your personal identifying Invasive Species Advisory Committee.
during occupancy and use of the information from public review, we
development) and by donating a 0.14- cannot guarantee that we will be able to SUMMARY: Pursuant to the provisions of
acre lot in the proposed Gulf Highlands do so. the Federal Advisory Committee Act,
conservation area of the Fort Morgan If you wish to comment, you may notice is hereby given of meetings of the
Peninsula. The lots proposed for submit comments by any one of several Invasive Species Advisory Committee
development are interior scrub lots that methods. Please reference TE11097C–0 (ISAC). Comprised of 25 nonfederal
are part of a subdivided larger lot. The (Charles L. Jones), or TE11183C–0 invasive species experts and
lot proposed for mitigation is within the (Duane A. Baker) and TE11182C–0 (Joe stakeholders from across the nation, the
mstockstill on DSK3G9T082PROD with NOTICES

proposed Gulf Highlands conservation Colich) in such comments. You may purpose of the Advisory Committee is to
area, contains high-quality interior mail comments to the Fish and Wildlife provide advice to the National Invasive
scrub habitat, and will be donated to Service’s Alabama Field Office (see Species Council, as authorized by
ACHT. ACHT will either place a ADDRESSES). Alternately, you may email Executive Order 13112, on a broad array
conservation easement on the lot or comments to: william_lynn@fws.gov. of issues related to preventing the
eventually convey it as part of the future Please include your name and return introduction of invasive species and
Gulf Highlands Conservation Area. address in your email message. If you do providing for their eradication and

VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1

Document Created: 2018-02-14 08:31:33
Document Modified: 2018-02-14 08:31:33

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 comments.
Dates		We must receive any written comments at our Alabama Field Office
Contact		Mr. Bill Lynn, Wildlife Biologist,
FR Citation		81 FR 81796

81 FR 81796 - Incidental Take Permit Applications for Alabama Beach Mouse; Gulf Shores, Alabama

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 223 (November 18, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service