[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17838-17839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08494]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2018-N029; 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 U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit (ITP) under the 
Endangered Species Act of 1973, as amended. Orange County Public 
Schools (applicant) is requesting a 3-year ITP for take of the 
federally listed sand skink. We request public comment on the permit 
application, which includes a proposed habitat conservation plan, and 
on our preliminary determination that the plan qualifies as low effect 
under the National Environmental Policy Act. 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 
May 24, 2018.

ADDRESSES: You may submit written comments and request copies of the 
application, including the HCP, as well as our environmental action 
statement or low-effect screening form, by any one of the following 
methods:
    Email: [email protected]. Use ``Attn: Permit number TE74732C-0'' 
as your subject line.
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE74732C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE74732C-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 Endangered Species Act of 1973, as amended (ESA; 
16 U.S.C. et seq.) and our implementing regulations in the Code of 
Federal Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of 
fish and 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, the take authorized by an incidental take 
permit must not jeopardize the existence of federally listed fish, 
wildlife, or plants.

Applicant's Proposal

    Orange County Public Schools is requesting an incidental take 
permit (ITP) to take sand skink (Neoseps reynoldsi) through the 
permanent destruction of approximately 5.3 acres (ac) of occupied 
foraging and sheltering habitat. The take would be incidental to the 
construction of a school and associated facilities in Orange County, 
Florida. The 26.0-ac habitat conservation plan (HCP) project site is 
located on Orange County Parcel No. 27232500000004, within Section 25, 
Township 23 South, Range 27 East. The project activities also include 
clearing, infrastructure building, and landscaping associated with 
constructing a school and associated facilities. The applicant proposes 
to mitigate for the take of the species by purchasing 10.6 mitigation 
credits within a Service-approved sand skink conservation bank.

Our Preliminary Determination

    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. 
We have determined that the applicant's proposed HCP, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the covered species and the environment so as to 
be ``low effect'' and qualify for categorical exclusion under the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), as 
provided by Department of the Interior implementing regulations in part 
46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 
46.210, and 46.215).

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 conduct an intra-Service consultation to evaluate 
take of the sand skink in accordance with section 7 of the ESA. We will 
use the results of the consultation, in combination with the above 
findings, in our analysis of whether or not to issue the ITP. If the 
requirements are met, we will issue ITP number TE74732C-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 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.

[[Page 17839]]

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. 2018-08494 Filed 4-23-18; 8:45 am]
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