Notice2022-10166
Renewal of Four Incidental Take Permits for Florida Scrub-Jay, Charlotte County, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service, announce receipt of an application from Peter Famulari to renew four incidental take permits (ITPs) under the Endangered Species Act. If granted, the renewed ITPs would authorize take of the Florida scrub-jay via destruction of the species' feeding, breeding, and sheltering habitat. The compensatory portion of the mitigation as described in the applicant's habitat conservation plan (HCP), as amended, has been completed; however, none of the activities covered by the HCP have occurred on the covered properties, and there has been no take of the species. We invite comments from the public and Federal, Tribal, State, and local governments on the applicant's HCP, our original set of findings, and our current review and certification which support categorical exclusions under the National Environmental Policy Act.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29172-29173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10166]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2022-0039; FXES11130400000-223-FF04EF4000]
Renewal of Four Incidental Take Permits for Florida Scrub-Jay,
Charlotte County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments and information.
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SUMMARY: We, the Fish and Wildlife Service, announce receipt of an
application from Peter Famulari to renew four incidental take permits
(ITPs) under the Endangered Species Act. If granted, the renewed ITPs
would authorize take of the Florida scrub-jay via destruction of the
species' feeding, breeding, and sheltering habitat. The compensatory
portion of the mitigation as described in the applicant's habitat
conservation plan (HCP), as amended, has been completed; however, none
of the activities covered by the HCP have occurred on the covered
properties, and there has been no take of the species. We invite
comments from the public and Federal, Tribal, State, and local
governments on the applicant's HCP, our original set of findings, and
our current review and certification which support categorical
exclusions under the National Environmental Policy Act.
DATES: We must receive your written comments on or before June 13,
2022.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2022-0039 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by any of the following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0039.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2022-0039; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Elizabeth Landrum, by U.S. mail (see
ADDRESSES) or via phone at 772-469-4304. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
announce receipt of an incidental take permit (ITP) application for the
renewal of four ITPs under section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The
applicant is Peter C. Famulari, and the project sites, sizes, existing
ITP numbers, and proposed new ITP numbers are:
<bullet> 1274 Navigator Road, Property Identification Number
402309287001, Port Charlotte, FL; 0.504 acres; TE136150-1; PER0027573;
<bullet> 1178 Melville Road, Property Identification Numbers
402309251001, 402309251002, and 402309251003, Port Charlotte, FL; 1.540
acres; TE136149-1; PER0028218;
<bullet> 1072 Melville Road, Property Identification Number
402309130005,
[[Page 29173]]
Port Charlotte, FL; 0.709 acres; TE136151-1; PER0028219; and,
<bullet> 1023 Bismarck Road, Property Identification Number
402309206002, Port Charlotte, FL; 0.459 acres; TE136153-1; PER0028220.
The applicant seeks authority to take Florida scrub-jays
(Aphelocoma coerulescens) via destruction of the species' feeding,
breeding, and sheltering habitat incidental to land preparation and
construction in Charlotte County, Florida. The applicant's existing HCP
provides measures to mitigate for the incidental take of the species,
which was federally listed as threatened in 1987 (June 3, 1987; 52 FR
20719).
Applicant's Proposed Projects
All four of the applicant's sites are zoned as single-family
residential, so the development of each parcel would comprise the
construction of a residential structure, driveway, installation of
associated utilities and landscaping and possibly garages and pools.
However, as the applicant currently has no timeframe for development or
specific site plans, he is requesting his existing ITPs to be renewed
for 10 more years, with each expiring on May 20, 2029. The applicant
already has performed the required compensatory mitigation for impacts
to the species by combining two 20-acre parcels (for which he had an
assignable purchase contract) with adjacent parcels to form a 76-acre
package of land that Charlotte County then acquired and is managing for
scrub-jay conservation. The minimization measure of avoiding clearing
the lot for construction during the scrub-jay nesting season (March 1
through June 30) cannot be implemented until construction is almost
ready to begin. Other minimization measures involving the planting or
retention of scrub oaks or other native vegetation cannot be
implemented until clearing or construction is underway. Remaining
minimization measures about providing information to subsequent buyers
about Florida scrub-jays and the detrimental effects of free-roaming
cats cannot be implemented until after the construction and sale of
each new home is complete. None of the proposed activities have
occurred, and there has been no incidental take of the covered species
under the permits.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, be aware that
your entire comment--including your personal identifying information--
may be made available to the public. While you may request that we
withhold your personal identifying information, we cannot guarantee
that we will be able to do so.
Our Preliminary Determination
During our deliberations on whether to issue the existing ITPs, the
Service determined that each of the applicant's projects, including the
mitigation measures, individually and cumulatively would have minor or
negligible effect on the species. Since none of the covered activities
have occurred and the covered parcels have remained undeveloped, we
have made the preliminary determination that each of these projects
still would be ``low effect'' and qualify for categorical exclusions
under the under the National Environmental Policy Act (NEPA; 42 U.S.C.
4231 et seq.).
Next Steps
The Service will evaluate the application and the comments to
determine whether to issue the requested renewals. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. After considering the
preceding and other matters, we will determine whether the permit
issuance criteria of section 10(a)(1)(B) of the ESA and permit renewal
requirements in our regulations have been met. If met, the Service will
issue the four ITP numbers referenced above to Peter C. Famulari.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.32) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6 and 43 CFR 46.305).
Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services
Office.
[FR Doc. 2022-10166 Filed 5-11-22; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on May 12, 2022.
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