[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Pages 9716-9717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5690]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for Five Species of Sea 
Turtles (Loggerhead Sea Turtle, Caretta Caretta, Green Sea Turtle, 
Chelonia Mydas, Leatherback Sea Turtle, Dermochelys Coriacea, Hawksbill 
Sea Turtle Eretmochelys Imbricata, and Kemp's Ridley Sea Turtle, 
Lepidochelys Kempii), and Piping Plovers (Charadrius Melodus), in 
Volusia County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The county of Volusia (Applicant) is seeking an incidental 
take permit from the Fish and Wildlife Service (Service), pursuant to 
Section 10 (a)(1)(B) of the Endangered Species Act of 1973, as amended 
(Act). The incidental take permit would authorize the take of five 
species of sea turtles (loggerhead sea turtle, Caretta caretta, green 
sea turtle, Chelonia mydas, leatherback sea turtle, Dermochelys 
coriacea, hawksbill sea turtle (Eretmochelys imbricata), and Kemp's 
ridley sea turtle, Lepidochelys kempii), and piping plovers (Charadrius 
melodus) resulting from public beach-driving activity and lighting 
controlled and operated by Volusia County, to the extent that 
minimization and mitigation measures proposed in the habitat 
conservation plan (HCP) are not successful. The incidental take permit 
would cover the Defined Area of the HCP, bounded on the north by the 
Volusia-Flagler County line, on the south by the Volusia-Brevard County 
line (49.08 miles of coastline), on the east by the mean low water 
line, and on the west by the line of permanent vegetation, or the 
seawall, whichever is closer to the ocean.
    The Service also announces the availability of an environmental 
assessment (EA) and HCP for the incidental take application. Copies of 
the EA or HCP may be obtained by making a request to the Jacksonville, 
Florida, Field Office address below. Requests for the documents must be 
submitted in writing to be processed. This notice also advises the 
public that the Service has made a preliminary determination that 
issuing the incidental take permit is not a major Federal action 
significantly affecting the quality of the human environment within the 
meaning of Section 102 (2)(C) of the National Environmental Policy Act 
of 1969, as amended. The Finding of No Significant Impact (FONSI) is 
based on information contained in the EA and HCP. The final 
determination will be made no sooner than 30 days from the date of this 
notice. This notice is provided pursuant to Section 10 of 
the Act and National Environmental Policy Act Regulations (40 CFR 
1506.6).

DATES: Written comments on the permit application, EA and HCP should be 
received on or before April 10, 1996.

ADDRESSES: Persons wishing to review the application, HCP, and EA may 
obtain a copy by writing the Service's Jacksonville, Florida, Field 
Office. Documents will also be available for public inspection by 
appointment during normal business hours at the Service's Southeast 
Regional Office, Atlanta, Georgia, or the Jacksonville, Florida, Field 
Office. In addition, copies of the application, the HCP, and EA are 
available for public inspection at all Volusia County Public Libraries, 
during their normal operating hours. Written data or comments 
concerning the application, EA, or HCP should be submitted to the 
Regional Office. Please reference the permit under PRT-811813 in such 
comments.

Endangered/Threatened Species Permit Coordinator, U.S. Fish and 
Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 
30345, (telephone 404/679-7110, fax 404/679-7081)
Field Supervisor, U.S. Fish and Wildlife Service, 6620 Southpoint Drive 
South, Suite 310, Jacksonville, Florida 32216-0912, (telephone 904/232-
2580, fax 904/232-2404).

FOR FURTHER INFORMATION CONTACT: Dawn Zattau at the Jacksonville, 
Florida, Field Office or Rick G. Gooch at the Atlanta, Georgia, 
Regional Office.

SUPPLEMENTARY INFORMATION: The beaches in Volusia County are well known 
throughout the United States as a recreational attraction and are a 
major component of the local Volusia County economy. Driving on the 
beach has been a tradition since before the turn of the century. 
Driving on the beach has the potential to harm federally listed 
wildlife species that also use the beach.
    Four sea turtle species have been documented as nesting in Volusia 
County. The nesting and hatching season extends from about April 15 
through October 31. However, some nests may be laid prior to April 15, 
and some hatchlings may emerge from nests after October 31. Between 
1988 and 1994, the number of sea turtles nests within the Defined Area 
ranged from 1,360 nests to 2,247 nests; between 74 to 87 percent of the 
nests occurred at Canaveral National Seashore (11.78 miles of 
coastline) and North Peninsula State Recreation Area (2.70 miles of 
coastline), areas where no public driving is allowed. The number of 
nests reported in the area under the jurisdiction of Volusia County 
(34.60 miles of coastline) ranged from 204 to 495 between 1992 and 
1994. Loggerhead sea turtles averaged about 97 percent of this nesting 
activity, while green and leatherback sea turtles averaged 2.7 and 0.1 
percent, respectively. Only one hawksbill sea turtle nest has ever been 
documented in the Defined Area. Kemp's ridley sea turtles are not known 
to nest in the Defined Area, but strandings have occurred there.
    The piping plover is a small, beach-dwelling bird that feeds 
primarily during daylight hours on sandy shores searching for prey at 
or near the sand/water interface or in the seaweed or other flotsam 
that has washed ashore. Piping plovers are migratory and are observed 
in Florida during the non-nesting season, typically from September 
through March. Piping plovers along the Atlantic coast appear to be 
observed most often at the accreting ends of barrier island, along 

[[Page 9717]]
sandy peninsulas, and near coastal inlets. During a 1991 census, in 
which 32 miles of Volusia County beachfront were surveyed, a total of 
four piping plovers were observed, all in the immediate vicinity of 
Ponce Inlet.
    On Volusia County beaches, sea turtles and other protected species 
may be affected by artificial lighting, vehicular and pedestrian 
traffic, erosion control structures, beach maintenance practices, 
stormwater runoff, and recreational equipment. Volusia County is 
seeking an incidental take permit for vehicular traffic and county-
owned and operated artificial lighting on the beach.
    The presence of vehicles on the beach has the potential to take sea 
turtles by hitting or running over nesting females, hatchlings, 
juvenile turtles that have washed up on the beach (as often happens 
during storms), and turtle nests. Vehicle traffic and vehicle lights 
may deter female sea turtles during their nesting attempts, and vehicle 
lights may also disorient newly hatched sea turtles. Tire ruts in the 
sand may trap, misdirect, or otherwise detain hatchlings from reaching 
the ocean. Equipment allowed on the beach for moving sand may run over 
sea turtle nests, as well as place sand on top of nests, which could 
interfere with the incubation process and hatchlings emergence.
    Artificial lighting can be detrimental to sea turtles in several 
ways. Studies have shown that light pollution can deter female sea 
turtles from coming onto the beach to nest. Also, females attempting to 
return to sea after nesting can be disoriented by beach lighting and 
have difficulty making it back to the ocean. In some cases, nesting 
females have ended up on coastal highways and been struck by vehicles. 
Artificial beach lighting is even more detrimental to sea turtle 
hatchlings, which emerge from nests at night. Under natural conditions, 
hatchlings move toward the brightest, most open horizon, which is over 
the ocean. However, when bright light sources are present on the beach, 
they become the brightest spot on the horizon and attract hatchlings in 
the wrong direction, making them more vulnerable to predators, 
desiccation, exhaustion, and automobiles on highways and in parking 
lots.
    The EA considers the consequences of four alternatives. The no 
action alternative would continue to implement a beach management 
program as required by existing Volusia County regulations and 
ordinances and may result in take of sea turtles and piping plovers. 
Without an exemption provided by Section 10 of the Act, the Applicant 
will risk exposure to the enforcement provisions of Section 9 of the 
Act. One alternative would continue the requirements of a Court Order 
issued in 1995 nesting season for sea turtles. It may result in take of 
sea turtles and piping plovers and, as with the no action alternative, 
continue to expose the Applicant to the enforcement provisions of 
Section 9 of the Act. A third alternative examines removing all public 
vehicles from the county beaches; it would have an immediate adverse 
impact to segments of the tourist economy and to beach revenues. In 
addition, because of lack of adequate off-beach parking, a large number 
of people would be kept off the beach. The proposed action alternative 
is issuance of the incidental take permit. This provides for 
establishment of zones of the beach where public driving would not be 
allowed (an additional 9 miles of no-driving beach established), and 
coincides with areas of highest use by sea turtles. Transitional Areas 
would be established, where public driving would be allowed with the 
exception of a 30-foot Conservation Zone, as measured from the toe of 
the dunes or seawall, whichever is closest to the sea. Urban Areas 
would be established, where public driving would be allowed, with the 
exception of a 30-foot Conservation Zone, the seaward 15 feet of which 
could be used for parking. There would be no nighttime public driving 
or parking allowed on the beach. The HCP also includes monitoring of 
protected species, increased enforcement of the county lighting 
ordinance, and increased educational activities for protected species. 
It would also provide for an economic development plan for off-beach 
parking, diversification of beach uses and experiences, and increased 
cooperation between volunteer turtle patrols, State and Federal 
agencies, and the county. The HCP provides a funding mechanism for 
these minimization and mitigation measures.
    As stated above, the Service has made a preliminary determination 
that the proposed action, e.g., issuance of the incidental take permit, 
is not a major Federal action significantly affecting the quality of 
the human environment within the meaning of Section 102(2)(C) of the 
National Environmental Policy Act of 1969, as amended. This preliminary 
information may be adjusted due to public comment received in response 
to this notice and is based on information contained in the EA and HCP. 
An appropriate excerpt from the FONSI reflecting the Service's finding 
on the application is provided below:
    Based on the analysis conducted by the Service, it has been 
determined that:
    1. Issuance of the incidental take permit will not appreciably 
reduce the likelihood of survival and recovery of the affected species 
in the wild or result in the adverse modification of designated 
critical habitat. This decision is based upon and considers the 
cumulative impacts of past, present and future issuance of incidental 
take permits within the historic and current range of each species 
affected in the permit action.
    2. Issuance of an incidental take permit would not have significant 
effects on the human environment in the project area.
    3. The proposed take is incidental to an otherwise lawful activity.
    4. The Applicant has ensured that adequate funding will be provided 
to implement the measures proposed in the submitted HCP.
    5. Other than impacts to endangered and threatened species as 
outlined in the documentation of this decision, the indirect impacts 
which may result from issuance of the incidental take permit are 
addressed by other regulations and statutes under the jurisdiction of 
other government entities. The validity of the Service's incidental 
take permit is contingent upon the Applicant's compliance with the 
terms of the permit and all other laws and regulations under the 
control of State, local, and other Federal governmental entities.

    Dated: March 5, 1996.
Sam D. Hamilton,
Acting Regional Director.
[FR Doc. 96-5690 Filed 3-8-96; 8:45 am]
BILLING CODE 4310-55-P