Notice2023-23338
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Volusia 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
October 23, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Hector Aponte (2098 Laredo Drive) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a single-family home in Volusia County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 203 (Monday, October 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72775-72776]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23338]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0194; FXES11140400000-234-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Florida Scrub-Jay; Volusia County,
FL; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Hector Aponte (2098 Laredo Drive) (applicant)
for an incidental take permit (ITP) under the Endangered Species Act.
The applicant requests the ITP to take the federally listed Florida
scrub-jay (Aphelocoma coerulescens) incidental to the construction of a
single-family home in Volusia County, Florida. We request public
comment on the application, which includes the applicant's proposed
habitat conservation plan (HCP), and on the Service's preliminary
determination that the proposed permitting action may be eligible for a
categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations, the
Department of the Interior's (DOI) NEPA regulations, and the DOI
Departmental Manual. To make this preliminary determination, we
prepared a draft environmental action statement and low-effect
screening form, both of which are also available for public review. We
invite comment from the public and local, State, Tribal, and Federal
agencies.
DATES: We must receive your written comments on or before November 22,
2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2023-0194 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-2023-0194.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0194; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
[[Page 72776]]
FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see
ADDRESSES), by telephone at 904-731-3121 or via email at
<a href="/cdn-cgi/l/email-protection#95f0e7fcfbcaf2f4e2f0e7f4d5f3e2e6bbf2fae3"><span class="__cf_email__" data-cfemail="305542595e6f575147554251705647431e575f46">[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 Hector Aponte (2098 Laredo
Drive) (applicant) for an incidental take permit (ITP) under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant requests the ITP to take federally listed Florida
scrub-jays (Aphelocoma coerulescens) incidental to the construction and
operation of a single-family home in Volusia County. We request public
comment on the application, which includes the applicant's habitat
conservation plan (HCP), and on the Service's preliminary determination
that this proposed ITP qualifies as low effect, and may qualify for a
categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR
1501.4), the Department of the Interior's (DOI) NEPA regulations (43
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make
this preliminary determination, we prepared a draft environmental
action statement and low-effect screening form, both of which are also
available for public review.
Proposed Project
The applicant requests a 10-year ITP to take scrub-jays via the
conversion of approximately 0.20 acres (ac) of occupied nesting,
foraging, and sheltering scrub-jay habitat incidental to the
construction and operation of a single-family home on 1.6 ac on Volusia
County Alt Key Parcel 2576812 in Section 13, Township 18 S, Range 31 E,
Volusia County. Prior to any clearing activities, the applicant
proposes to mitigate for take of the scrub-jays through the
contribution of $6,399.54 to the Florida Scrub-jay Conservation Fund
administered by The Nature Conservancy. The Service would require the
applicant to make this contribution prior to engaging in any phase of
the project.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project, including the construction of the
buildings and associated infrastructure (e.g., electric, water, and
sewer lines), would individually and cumulatively have a minor or
negligible effect on the scrub-jays and the environment. Therefore, we
have preliminarily determined that the proposed ESA section 10(a)(1)(B)
permit would be a low-effect ITP that individually or cumulatively
would have a minor effect on the scrub-jays and may qualify for
application of a categorical exclusion pursuant to the Council on
Environmental Quality's NEPA regulations, DOI's NEPA regulations, and
the DOI Departmental Manual. A low-effect incidental take permit is one
that would result in (1) minor or nonsignificant effects on species
covered in the HCP; (2) nonsignificant effects on the human
environment; and (3) impacts that, when added together with the impacts
of other past, present, and reasonably foreseeable actions, would not
result in significant cumulative effects to the human environment.
Next Steps
The Service will evaluate the application and the comments to
determine whether to issue the requested permit. 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 have been met. If
met, the Service will issue ITP number PER 3184250 to Hector Aponte
(2098 Laredo Drive).
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.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).
Robert L. Carey,
Manager, Division of Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2023-23338 Filed 10-20-23; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.