83 FR 14666 - Endangered and Threatened Wildlife; Availability of Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 66 (April 5, 2018)

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. Meritage Homes of Florida, Inc., is requesting a 5-year ITP for take of the sand skink, which is federally listed as a threatened species. We request public comments on the permit application and accompanying proposed habitat conservation plan as well as on our preliminary determination that the plan qualifies as low effect under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.

[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14666-14667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06940]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N176; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife; Availability of Proposed Low-
Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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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. Meritage Homes of Florida, 
Inc., is requesting a 5-year ITP for take of the sand skink, which is 
federally listed as a threatened species. We request public comments on 
the permit application and accompanying proposed habitat conservation 
plan as well as on our preliminary determination that the plan 
qualifies as low effect under the National Environmental Policy Act. 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 
May 7, 2018.

ADDRESSES: You may submit written comments and request copies of the 
application, habitat conservation plan, environmental action statement, 
or low-effect screening form by any one of the following methods:
    Email: [email protected]. Use ``Attn: Permit number TE59063C-0'' 
as your subject line.
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE59063C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE59063C-0, 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. You may inspect the 
application, habitat conservation plan, 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].

[[Page 14667]]


SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Endangered Species Act of 1973, as amended (ESA; 
16 U.S.C. 1531 et seq.), and our implementing 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 wildlife species are at 50 CFR 17.22 and 17.32, 
respectively. In addition to meeting other criteria, the take 
authorized by an incidental take permit must not jeopardize the 
existence of federally listed fish, wildlife, or plants.

Applicant's Proposal

    Meritage Homes of Florida, Inc. (the Applicant), is requesting an 
incidental take permit (ITP) to take sand skink (Neoseps reynoldsi) 
through the permanent destruction of approximately 3.6 acres (ac) of 
occupied foraging and sheltering habitat incidental to construction of 
a residential development in Orange County, Florida. Included with the 
permit application is a draft habitat conservation plan (HCP). The 
126.94-ac HCP project site is located on parcel number 05-23-27-0000-
00-002, within sections 5 and 6, Townships 23 South, Range 27 East in 
Orange County. The project activities also include the clearing, 
infrastructure building, and landscaping associated with residential 
construction. The sand skink will likely be subjected to take in the 
forms of injury, mortality, and/or loss of habitat. The Applicant 
proposes to mitigate for take of the species by purchasing 7.2 
mitigation credits within the Sebring Scrub Conservation Bank or 
another Service-approved sand skink conservation bank.

Our Preliminary Determination

    We have determined that the Applicant's proposed plan, including 
the proposed mitigation and minimization measures, would have minor or 
negligible effects on the covered species and the environment so as to 
be ``low effect'' and qualify for categorical exclusion under the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), 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 conduct an intra-Service consultation to evaluate 
take of the sand skink in accordance with section 7 of the ESA. We will 
use the results of this consultation, in combination with the above 
findings, in our analysis of whether or not to issue the ITP. If the 
requirements are met, we will issue ITP number TE59063C-0 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 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. 2018-06940 Filed 4-4-18; 8:45 am]
 BILLING CODE 4333-15-P