82 FR 55855 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay, Volusia, County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 225 (November 24, 2017)

We, the Fish and Wildlife Service (Service), have received an application for incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ACT). Orange Dale Venture, LLC, (Applicant) is requesting 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 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55855-55856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25249]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N099; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-
Jay, Volusia, County, FL

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 incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ACT). Orange Dale Venture, LLC, 
(Applicant) is requesting 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 
December 26, 2017.

ADDRESSES: If you wish to review the application and HCP, you may 
request the 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 TE39111C-
0.''
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE39111C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE39111C-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: Erin M. Gawera, telephone: (904) 731-
3121; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Act and our implementing regulations in the Code 
of

[[Page 55856]]

Federal Regulations (CFR) at 50 CFR part 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(19)). 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 
ESA'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

    Orange Dale Venture, LLC, is requesting a 10-year ITP to take 
approximately 5 acres (ac) of occupied scrub-jay foraging and 
sheltering habitat incidental to construction of an energy substation. 
The 161.6-ac project site is located approximately 0.5 miles northwest 
of the intersection of Veterans Memorial Parkway and Saxon Boulevard 
within Section 14, Township 18 South, Range 30 East, Volusia County, 
Florida. The project includes construction of a residential and 
commercial development, and the associated clearing, infrastructure, 
and landscaping. The Applicant proposes to mitigate for the take of the 
scrub-jay, based on Service Mitigation Guidelines, by contributing 
funds in the amount of $209,220.00 to the Nature Conservancy's 
Conservation Fund for the management and conservation of the Florida 
scrub-jay.

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 the HCP. Therefore, we 
have determined that the incidental take permit for this project is 
``low effect'' and qualifies for categorical exclusion under the 
National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 
and 43 CFR 46.210. 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. We will also evaluate whether issuance of the ITP complies 
with section 7 of the ESA by conducting an intra-Service 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 issue ITP 
number TE39111C-0 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 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.

Authority

    We provide this notice under section 10 of the ESA and NEPA 
regulation 40 CFR 1506.6.

    Dated: October 3, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-25249 Filed 11-22-17; 8:45 am]
 BILLING CODE 4333-15-P