82_FR_58018 82 FR 57784 - Endangered and Threatened Wildlife and Plants; Availability of a Proposed Amendment to a Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay, Manatee and Hardee Counties, FL

82 FR 57784 - Endangered and Threatened Wildlife and Plants; Availability of a Proposed Amendment to a Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay, Manatee and Hardee Counties, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range57784-57785
FR Document2017-26360

We, the Fish and Wildlife Service (Service), have received an application from Mosaic Fertilizer, LLC (Applicant) for amendment of incidental take permit (ITP) number TE236128-1 under the Endangered Species Act of 1973, as amended, in Manatee and Hardee Counties, Florida. We request public comments on the application and accompanying proposed amended 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 Issue 234 (Thursday, December 7, 2017)
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57784-57785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26360]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N145; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of a 
Proposed Amendment to a Low-Effect Habitat Conservation Plan for the 
Florida Scrub-Jay, Manatee and Hardee Counties, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from Mosaic Fertilizer, LLC (Applicant) for amendment of 
incidental take permit (ITP) number TE236128-1 under the Endangered 
Species Act of 1973, as amended, in Manatee and Hardee Counties, 
Florida. We request public comments on the application and accompanying 
proposed amended 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 
January 8, 2018.

ADDRESSES: You may submit written comments or request copies of the 
application, HCP, environmental action statement, or low-effect 
screening form, by any one of the following methods:
    Email: [email protected]. Use ``Attn: Permit number TE236128-2'' 
as your subject line.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number 
TE236128-2.
    U.S. Mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE236128-2, U.S. Fish and Wildlife Service, 
7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256.
    In-person: You may deliver comments during regular business hours 
at the office address listed above under U.S. Mail or inspect the 
application, HCP, environmental action statement, or low-effect 
screening form by appointment during normal business hours at the same 
address.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, telephone: (904) 731-
3121; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 9 of the ESA and our implementing Federal regulations in 
the Code of 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 ESA 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 endangered and 
threatened species are at 50 CFR 17.22 and 17.32, 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

    Mosaic Fertilizer, LLC, is requesting amendment to existing 
incidental take permit number TE236128-1, which was issued on May 18, 
2012, and made available via the Federal Register on February 28, 2012 
(77 FR 12074). Permit number TE236128-1 authorized the take of 
approximately 75 acres (ac) of occupied Florida scrub-jay (Aphelocoma 
coerulescens) habitat incidental to land clearing and phosphate mining 
and of no more than three eastern indigo snakes (Drymarchon corais 
couperi) within each 5-year period throughout the 41-year-long duration 
of the permit within the 4,345-ac project area located on parcel 
#45400059, within sections 13, 22-27, and 34, Township 34 South, Range 
22 East, Manatee County, Florida. The requested amendment is to expand 
the area in which eastern indigo snakes may be incidentally taken to 
include an additional 900 acres located in sections 17, 18, 19, 20, 29, 
and 30 of Township 34 South, Range 23 East, in western Hardee County 
adjacent to the Manatee County parcel. No increase in the amount of 
take for the eastern indigo snake or the Florida scrub-jay has been 
requested. The HCP describes the measures the Applicant proposes to 
undertake to mitigate and minimize the effects of the project on the 
threatened Florida scrub-jay and threatened eastern indigo snake.

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 ITP for this project would be ``low effect'' 
and qualify as a categorically excluded under NEPA, as provided by 43 
CFR 46.205 and 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 ESA. 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 amended ITP. If the requirements are met, we will issue ITP 
number TE236128-2 to the applicant.

Public Comments

    If you wish to comment on the permit application, HCP, or 
associated documents, you may submit comments by any one of the methods 
listed above 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

[[Page 57785]]

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.

Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-26360 Filed 12-6-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                57784                      Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

                                                  (7) An estimate of the total public                      U.S. Mail: Field Supervisor,                       22–27, and 34, Township 34 South,
                                                burden (in cost) associated with the                    Jacksonville Ecological Services Field                Range 22 East, Manatee County, Florida.
                                                collection: The estimated total annual                  Office, Attn: Permit number TE236128–                 The requested amendment is to expand
                                                cost burden associated with this                        2, U.S. Fish and Wildlife Service, 7915               the area in which eastern indigo snakes
                                                collection of information is $0. Any cost               Baymeadows Way, Suite 200,                            may be incidentally taken to include an
                                                burden associated with this collection of               Jacksonville, FL 32256.                               additional 900 acres located in sections
                                                information is captured as a part of the                   In-person: You may deliver comments                17, 18, 19, 20, 29, and 30 of Township
                                                forms that require this activity to take                during regular business hours at the                  34 South, Range 23 East, in western
                                                place.                                                  office address listed above under U.S.                Hardee County adjacent to the Manatee
                                                  Dated: November 29, 2017.                             Mail or inspect the application, HCP,                 County parcel. No increase in the
                                                Samantha Deshommes,                                     environmental action statement, or low-               amount of take for the eastern indigo
                                                Chief, Regulatory Coordination Division,                effect screening form by appointment                  snake or the Florida scrub-jay has been
                                                Office of Policy and Strategy, U.S. Citizenship         during normal business hours at the                   requested. The HCP describes the
                                                and Immigration Services, Department of                 same address.                                         measures the Applicant proposes to
                                                Homeland Security.                                      FOR FURTHER INFORMATION CONTACT: Erin                 undertake to mitigate and minimize the
                                                [FR Doc. 2017–26311 Filed 12–6–17; 8:45 am]             M. Gawera, telephone: (904) 731–3121;                 effects of the project on the threatened
                                                BILLING CODE 9111–97–P                                  email: erin_gawera@fws.gov.                           Florida scrub-jay and threatened eastern
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              indigo snake.

                                                                                                        Background                                            Our Preliminary Determination
                                                DEPARTMENT OF THE INTERIOR
                                                                                                                                                                 We have determined that the
                                                                                                           Section 9 of the ESA and our
                                                Fish and Wildlife Service                                                                                     Applicant’s proposal, including the
                                                                                                        implementing Federal regulations in the
                                                                                                                                                              proposed mitigation and minimization
                                                [FWS–R4–ES–2017–N145;                                   Code of Federal Regulations (CFR) at 50
                                                                                                                                                              measures, would have minor or
                                                FXES11130400000EA–123–FF04EF1000]                       CFR part 17 prohibit the ‘‘take’’ of fish
                                                                                                                                                              negligible effects on the species covered
                                                                                                        or wildlife species listed as endangered
                                                Endangered and Threatened Wildlife                                                                            in the HCP. Therefore, we have
                                                                                                        or threatened. Take of listed fish or
                                                and Plants; Availability of a Proposed                                                                        determined that the ITP for this project
                                                                                                        wildlife is defined under the ESA as ‘‘to
                                                Amendment to a Low-Effect Habitat                                                                             would be ‘‘low effect’’ and qualify as a
                                                                                                        harass, harm, pursue, hunt, shoot,
                                                Conservation Plan for the Florida                                                                             categorically excluded under NEPA, as
                                                                                                        wound, kill, trap, capture, or collect, or
                                                Scrub-Jay, Manatee and Hardee                                                                                 provided by 43 CFR 46.205 and 46.210.
                                                                                                        to attempt to engage in any such
                                                Counties, FL                                                                                                  A low-effect HCP is one involving (1)
                                                                                                        conduct’’ (16 U.S.C. 1532(19)).
                                                                                                                                                              minor or negligible effects on federally
                                                AGENCY:   Fish and Wildlife Service,                    However, under limited circumstances,
                                                                                                                                                              listed or candidate species and their
                                                Interior.                                               we issue permits to authorize incidental
                                                                                                                                                              habitats, and (2) minor or negligible
                                                ACTION: Notice of availability; request
                                                                                                        take—i.e., take that is incidental to, and
                                                                                                                                                              effects on other environmental values or
                                                for comments.                                           not the purpose of, the carrying out of
                                                                                                                                                              resources.
                                                                                                        an otherwise lawful activity.
                                                SUMMARY:   We, the Fish and Wildlife                       Regulations governing incidental take              Next Steps
                                                Service (Service), have received an                     permits for endangered and threatened                    We will evaluate the HCP and
                                                application from Mosaic Fertilizer, LLC                 species are at 50 CFR 17.22 and 17.32,                comments we receive to determine
                                                (Applicant) for amendment of incidental                 respectively. The ESA’s take                          whether the ITP application meets the
                                                take permit (ITP) number TE236128–1                     prohibitions do not apply to federally                requirements of section 10(a) of the
                                                under the Endangered Species Act of                     listed plants on private lands unless                 ESA. We will also evaluate whether
                                                1973, as amended, in Manatee and                        such take would violate State law. In                 issuance of the ITP complies with
                                                Hardee Counties, Florida. We request                    addition to meeting other criteria, an                section 7 of the ESA by conducting an
                                                public comments on the application and                  incidental take permit’s proposed                     intra-Service consultation. We will use
                                                accompanying proposed amended                           actions must not jeopardize the                       the results of this consultation, in
                                                habitat conservation plan (HCP) as well                 existence of federally listed fish,                   combination with the above findings, in
                                                as on our preliminary determination                     wildlife, or plants.                                  our final analysis to determine whether
                                                that the plan qualifies as low-effect                                                                         or not to issue the amended ITP. If the
                                                under the National Environmental                        Applicant’s Proposal
                                                                                                                                                              requirements are met, we will issue ITP
                                                Policy Act (NEPA). To make this                            Mosaic Fertilizer, LLC, is requesting              number TE236128–2 to the applicant.
                                                determination, we used our                              amendment to existing incidental take
                                                environmental action statement and                      permit number TE236128–1, which was                   Public Comments
                                                low-effect screening form, which are                    issued on May 18, 2012, and made                        If you wish to comment on the permit
                                                also available for review.                              available via the Federal Register on                 application, HCP, or associated
                                                DATES: To ensure consideration, please                  February 28, 2012 (77 FR 12074). Permit               documents, you may submit comments
                                                send your written comments by January                   number TE236128–1 authorized the take                 by any one of the methods listed above
                                                8, 2018.                                                of approximately 75 acres (ac) of                     in ADDRESSES.
                                                ADDRESSES: You may submit written                       occupied Florida scrub-jay
                                                                                                        (Aphelocoma coerulescens) habitat                     Public Availability of Comments
                                                comments or request copies of the
                                                                                                        incidental to land clearing and                         Before including your address, phone
sradovich on DSK3GMQ082PROD with NOTICES




                                                application, HCP, environmental action
                                                statement, or low-effect screening form,                phosphate mining and of no more than                  number, email address, or other
                                                by any one of the following methods:                    three eastern indigo snakes                           personal identifying information in your
                                                   Email: northflorida@fws.gov. Use                     (Drymarchon corais couperi) within                    comment, you should be aware that
                                                ‘‘Attn: Permit number TE236128–2’’ as                   each 5-year period throughout the 41-                 your entire comment—including your
                                                your subject line.                                      year-long duration of the permit within               personal identifying information—may
                                                   Fax: Field Supervisor, (904) 731–                    the 4,345-ac project area located on                  be made publicly available at any time.
                                                3191, Attn: Permit number TE236128–2.                   parcel #45400059, within sections 13,                 While you can ask us in your comment


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                                                                           Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                          57785

                                                to withhold your personal identifying                   SUPPLEMENTARY INFORMATION:     The 10-                DATES:  The Southeast Oregon RAC’s
                                                information from public review, we                      member Council advises the Secretary                  LWCSubcommittee will meet via
                                                cannot guarantee that we will be able to                of the Interior, through the BLM, on a                teleconference Wednesday, December
                                                do so.                                                  variety of planning and management                    20, 2017, from 1 p.m. to 4 p.m.
                                                  Authority: We provide this notice under               issues associated with the resource                   Mountain Time. There will be a public
                                                section 10 of the ESA and NEPA regulation               management plan (RMP) process for the                 comment period from 3:15 p.m. to 3:45
                                                40 CFR 1506.6.                                          Dominguez-Escalante NCA and                           p.m.
                                                                                                        Dominguez Canyon Wilderness. Topics                   ADDRESSES: The LWC subcommittee
                                                Jay B. Herrington,                                      of discussion during the meeting may                  meeting will be held via teleconference.
                                                Field Supervisor, Jacksonville Field Office,            include presentations from BLM staff on               The telephone conference line number
                                                Southeast Region.                                       implementation of the approved RMP                    for the meeting is 1–866–524–6456,
                                                [FR Doc. 2017–26360 Filed 12–6–17; 8:45 am]             and travel management plan.                           Participant Code: 608605#.
                                                BILLING CODE 4333–15–P                                     These meetings are open to the                     FOR FURTHER INFORMATION CONTACT:
                                                                                                        public. At the December 20, 2017,                     Larisa Bogardus, Public Affairs Officer,
                                                                                                        meeting there will be public comment                  1301 S G Street, Lakeview, Oregon
                                                DEPARTMENT OF THE INTERIOR                              periods from 4:15 p.m. to 4:30 p.m. and
                                                                                                                                                              97630; 541–947–6237; lbogardus@
                                                                                                        from 5:30 p.m. to 5:45 p.m. At the
                                                Bureau of Land Management                                                                                     blm.gov. Persons who use a
                                                                                                        January 8, 2018, meeting there will be
                                                                                                                                                              telecommunications device for the deaf
                                                                                                        a public comment period from 4:00 p.m.
                                                [LLCOS09000–L16100000–DR0000–18X]                                                                             (TDD) may call the Federal Relay
                                                                                                        to 4:15 p.m. The public may present
                                                                                                                                                              Service (FRS) at 1–800–877–8339 to
                                                Notice of Resource Advisory Council                     written comments to the Council at the
                                                                                                                                                              contact the above individual during
                                                Meetings for the Dominguez-Escalante                    meeting. Before including your address,
                                                                                                                                                              normal business hours. The FRS is
                                                National Conservation Area Advisory                     phone number, email address, or other
                                                                                                                                                              available 24 hours a day, 7 days a week,
                                                Council, Colorado                                       personal identifying information in your
                                                                                                                                                              to leave a message or question with the
                                                                                                        comment, you should be aware that
                                                AGENCY:   Bureau of Land Management,                    your entire comment—including your                    above individual. You will receive a
                                                Interior.                                               personal identifying information—may                  reply during normal business hours.
                                                                                                        be made publicly available at any time.               SUPPLEMENTARY INFORMATION: The 15-
                                                ACTION: Notice of public meetings.
                                                                                                        While you can ask us in your comment                  member Southeast Oregon RAC was
                                                SUMMARY:   In accordance with the                       to withhold your personal identifying                 chartered and appointed by the
                                                Federal Land Policy and Management                      information from public review, we                    Secretary of the Interior. The RAC
                                                Act of 1976 and the Federal Advisory                    cannot guarantee that we will be able to              members’ diverse perspectives are
                                                Committee Act of 1972, the U.S.                         do so.                                                represented in commodity,
                                                Department of the Interior, Bureau of                      Depending on the number of persons                 conservation, and general interests.
                                                Land Management (BLM) Dominguez-                        wishing to comment and time available,                They provide advice to BLM and Forest
                                                Escalante National Conservation Area                    the time for individual oral comments                 Service resource managers regarding
                                                (NCA) Advisory Council (Council) will                   may be limited at the discretion of the               management plans and proposed
                                                meet as indicated below.                                chair.                                                resource actions on public land in
                                                DATES: The meetings will be held on
                                                                                                                                                              southeast Oregon. Agenda items include
                                                                                                        Gregory P. Shoop,                                     discussing possible management
                                                December 20, 2017, from 3:00 p.m. to                    Acting BLM Colorado State Director.
                                                6:00 p.m. and January 8, 2018, from 3:00                                                                      approaches for areas identified by BLM
                                                                                                        [FR Doc. 2017–26396 Filed 12–6–17; 8:45 am]           as LWC for a subsequent
                                                p.m. to 5:00 p.m. Any adjustments to
                                                these meetings will be advertised on the
                                                                                                        BILLING CODE 4310–JB–P                                recommendation to the full Southeast
                                                Dominguez-Escalante NCA Resource                                                                              Oregon RAC as part of the Vale and
                                                Management Plan (RMP) Web site:                                                                               Lakeview Districts’ respective Resource
                                                                                                        DEPARTMENT OF THE INTERIOR                            Management Plan Amendment(s)
                                                http://1.usa.gov/1qKkMVi.
                                                                                                                                                              process. A final agenda will be posted
                                                ADDRESSES: The meetings will be held                    Bureau of Land Management
                                                                                                                                                              online at https://www.blm.gov/get-
                                                on December 20, 2017, at the Mesa                       [LLORV00000. L10200000. DF0000.                       involved/resource-advisory-council/
                                                County Central Services Building, 200                   LXSSH1050000.18X.HAG 18–0031]                         near-you/oregon-washington/southeast-
                                                S. Spruce St., Room 40, Grand Junction,                                                                       oregon-rac at least one week prior to
                                                CO 81501 and on January 8, 2018, at the                 Notice of Public Meetings for the                     each teleconference.
                                                Bill Heddles Recreation Center, 530                     Southeast Oregon Resource Advisory                       All meetings are open to the public in
                                                Gunnison River Drive, Delta, CO 81416.                  Council’s Lands With Wilderness                       their entirety. Information to be
                                                FOR FURTHER INFORMATION CONTACT:                        Characteristics Subcommittee                          distributed to the LWC Subcommittee or
                                                Collin Ewing, Advisory Council                          AGENCY:   Bureau of Land Management,                  the Southeast Oregon RAC is requested
                                                Designated Federal Official, 2815 H                     Interior.                                             prior to the start of each meeting.
                                                Road, Grand Junction, CO 81506. Phone:                  ACTION: Notice of Public Meeting.
                                                                                                                                                                 Before including your address, phone
                                                (970) 244–3049. Email: cewing@blm.gov.                                                                        number, email address, or other
                                                Persons who use a telecommunications                    SUMMARY:  In accordance with the                      personal identifying information in your
                                                device for the deaf may call the Federal                Federal Land Policy and Management                    comments, please be aware that your
                                                Relay Service (FRS) at 1–800–877–8339                   Act of 1976 and the Federal Advisory                  entire comment—including your
sradovich on DSK3GMQ082PROD with NOTICES




                                                to contact the above individual during                  Committee Act of 1972, the U.S.                       personal identifying information—may
                                                normal business hours. The FRS is                       Department of the Interior, Bureau of                 be made publicly available at any time.
                                                available 24 hours a day, seven days a                  Land Management (BLM), Southeast                      While you can ask us in your comment
                                                week, to leave a message or question                    Oregon Resource Advisory Council                      to withhold your personal identifying
                                                with the above individual. You will                     (RAC) Lands with Wilderness                           information from public review, we
                                                receive a reply during normal business                  Characteristics (LWC) Subcommittee                    cannot guarantee that we will be able to
                                                hours.                                                  will meet as indicated below.                         do so.


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Document Created: 2017-12-07 00:34:42
Document Modified: 2017-12-07 00:34:42
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.
DatesTo ensure consideration, please send your written comments by January 8, 2018.
ContactErin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation82 FR 57784 

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