[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60758-60759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27601]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N146; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; 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 Fish and Wildlife Service (Service), have received an

[[Page 60759]]

application for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA). Lennar Corporation (Applicant) 
is requesting a 15-year ITP for take of the sand skink. We request 
public comments on the permit application and accompanying proposed 
habitat conservation plan (HCP), as well as on our preliminary 
determination that the plan qualifies as low-effect under the National 
Environmental Policy Act (NEPA). 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 
January 22, 2018.

ADDRESSES: You may submit written comments and request copies of the 
application, HCP, environmental action statement, or low-effect 
screening form by any one of the following methods:
    Email: [email protected]. Use ``Attn: Permit number TE50490C-0'' 
as your subject line.
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE50490C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office Attn: Permit number TE50490C-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, HCP, 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].

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the ESA (16 U.S.C. 1531 et seq.) and our implementing 
Federal 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 species are at 50 CFR 17.22 and 17.32, respectively. The 
ESA's take prohibitions do not apply to federally listed plants on 
private lands unless such take would violate State law. In addition to 
meeting other criteria, an incidental take permit's proposed actions 
must not jeopardize the existence of federally listed fish, wildlife, 
or plants.

Applicant's Proposal

    Lennar Corporation is requesting to take of approximately .31 acres 
(ac) of occupied sand skink (Neoseps reynoldsi) foraging and sheltering 
habitat incidental to construction of a residential development. The 
38.44-ac project site is identified with parcel identification number 
05-24-27-0000-00-001 and located within section 5, Township 24 South, 
Range 27 East in Orange County, Florida. The project also includes the 
clearing, infrastructure building, and landscaping associated with 
constructing a residential development. The Applicant proposes to 
mitigate for the take of the threatened sand skink by purchasing 0.62 
mitigation credits within The Backbone Conservation Bank or another 
Service-approved sand skink conservation bank.

Our Preliminary Determination

    We have determined that the Applicant's proposal, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in the HCP. Therefore, we 
have determined that the ITP for this project is ``low effect'' and 
qualifies for categorical exclusion under NEPA, 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 evaluate whether issuance of the ITP complies 
with section 7 of the ESA by conducting an intra-Service consultation. 
We will use the results of this consultation, in combination with the 
above findings, in our final analysis to determine whether or not to 
issue the ITP. If the requirements are met, we will issue ITP number 
TE50490C-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. 2017-27601 Filed 12-21-17; 8:45 am]
BILLING CODE 4333-15-P