Notice2022-15099
Renewal of an Incidental Take Permit for Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key, Monroe County, FL; Categorical Exclusion
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
July 14, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service, announce receipt of an application from Monroe County (applicant) for a renewal of incidental take permit (ITP) under the Endangered Species Act. If granted, the expiration date of the existing ITP, which authorizes take of the Florida Key deer, the Lower Keys marsh rabbit, and the eastern indigo snake incidental to commercial and residential construction in Monroe County, Florida, would be extended for an additional 3 years. The applicant is seeking an extension of the ITP expiration date from June 30, 2023, to June 30, 2026. The application for renewal does not include a request to increase the amount of take authorized by the ITP or to modify the covered activities under the ITP and the associated habitat conservation plan (HCP). We request public comment on the application, which includes the applicant's existing HCP and the Service's preliminary determination that this ITP renewal qualifies as "low-effect," categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Full Text
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<title>Federal Register, Volume 87 Issue 134 (Thursday, July 14, 2022)</title>
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[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42200-42201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15099]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2022-0089; FXES11130400000-223-FF04EF4000]
Renewal of an Incidental Take Permit for Florida Key Deer and
Other Protected Species on Big Pine Key and No Name Key, Monroe County,
FL; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment and information.
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SUMMARY: We, the Fish and Wildlife Service, announce receipt of an
application from Monroe County (applicant) for a renewal of incidental
take permit (ITP) under the Endangered Species Act. If granted, the
expiration date of the existing ITP, which authorizes take of the
Florida Key deer, the Lower Keys marsh rabbit, and the eastern indigo
snake incidental to commercial and residential construction in Monroe
County, Florida, would be extended for an additional 3 years. The
applicant is seeking an extension of the ITP expiration date from June
30, 2023, to June 30, 2026. The application for renewal does not
include a request to increase the amount of take authorized by the ITP
or to modify the covered activities under the ITP and the associated
habitat conservation plan (HCP). We request public comment on the
application, which includes the applicant's existing HCP and the
Service's preliminary determination that this ITP renewal qualifies as
``low-effect,'' categorically excluded, under the National
Environmental Policy Act. To make this determination, we used our
environmental action statement and low-effect screening form, both of
which are also available for public review.
DATES: We must receive your written comments on or before August 15,
2022.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2022-0089 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 one 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-2022-0089.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2022-0089; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Brian Powell, by telephone at (772)
469-4315 or via email at <a href="/cdn-cgi/l/email-protection#97f5e5fef6f9c8e7f8e0f2fbfbd7f1e0e4b9f0f8e1"><span class="__cf_email__" data-cfemail="d9bbabb0b8b786a9b6aebcb5b599bfaeaaf7beb6af">[email protected]</span></a>. 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 application from Monroe County (applicant) for
renewal of incidental take permit (ITP) TE083411-0 under the Endangered
Species Act by extending the permit expiration date by 3 years. The ITP
authorizes take of the Florida Key deer (Odocoileus virginianus
clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri),
and the eastern indigo snake (Drymarchon corais couperi), via
destruction of these species' feeding, breeding, and sheltering habitat
incidental to commercial and residential construction (covered
activity). The renewal of the ITP would not change the amount of
covered area, the covered activity, or the amount or type of take or
the species covered by the HCP and permit. The applicant's mitigation
for the incidental take of the species also would not change.
The requested extension will allow the term of the ITP to match the
County's Rate of Growth Ordinance (ROGO) timeframe (i.e., the timeframe
for the County to issue building permits for new houses commensurate
with the ability to safely evacuate the population in the event of a
major storm). On January 22, 2020, the Monroe County Board of County
Commissioners (BOCC) extended the timeframe for issuing the remaining
building permits to match the ROGO for an additional 3 years, from 2023
to 2026, to provide the County additional time to distribute ROGO
allocations while the new hurricane evacuation model is run. The
extension also would allow the County to implement other strategies to
help transition land into public ownership, reducing the potential for
fifth amendment takings claims and addressing the overall future build-
out of the Florida Keys.
We request public comment on the application, which includes the
applicant's HCP and the Service's preliminary determination that
renewal of the ITP qualifies as ``low-effect,'' categorically excluded,
under the National Environmental Policy Act
[[Page 42201]]
(NEPA; 42 U.S.C. 4231 et seq.). To make this determination, we used our
environmental action statement and low-effect screening form, both of
which are also available for public review.
Project
The applicant requests only to extend the ITP expiration date for 3
years, from June 30, 2023, to June 30, 2026, and does not seek any
other modifications, including but not limited to alterations of the
FWS's original and analyses of the initial ITP application.
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
The Service has made a preliminary determination that extending the
expiration date of the ITP by three additional years would individually
and cumulatively have a minor or negligible effect on the covered
species and the environment. Therefore, we have preliminarily concluded
that renewal of the ITP would qualify for categorical exclusion and
that this action is low effect under our NEPA regulations at 43 CFR
46.205 and 46.210. A low-effect action is one that would result in (1)
minor or negligible effects on federally listed, proposed, and
candidate species and their habitats; (2) minor or negligible effects
on other environmental values or resources; and (3) impacts that, when
considered together with the impacts of other past, present, and
reasonably foreseeable similarly situated projects, would not over time
result in significant cumulative effects to environmental values or
resources.
Next Steps
The Service will evaluate the application and the comments received
to determine whether to renew the ITP by extending the expiration date.
We will also conduct an intra-Service consultation pursuant to section
7 of the ESA to evaluate the effects of the requested renewal. After
considering the above findings, we will determine whether the issuance
criteria for ITP renewal in 50 CFR 13.22 have been met. If met, the
Service will renew Monroe County, Florida's ITP number PER 0039939 by
extending the expiration date by 3 years (from June 30, 2023, to June
30, 2026. The ITP number has been updated to reflect the Service's new
permit tracking system (ePermits).
Authority
The Service provides 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. 2022-15099 Filed 7-13-22; 8:45 am]
BILLING CODE 4333-15-P
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