[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14239-14240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04959]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2020-N030; FXES11140400000-178-FF04E00000]


Endangered and Threatened Wildlife; Incidental Take Permit 
Application, Habitat Conservation Plan for the Alabama Beach Mouse, 
Gulf Shores, AL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments and information.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from the City of Gulf Shores, Alabama (applicant), to 
modify incidental take permit TE84363C-0 (ITP) under the Endangered 
Species Act. The ITP authorizes take of the federally listed Alabama 
beach mouse incidental to construction in Gulf Shores, Alabama. We 
request public comment on the application, which includes the 
applicant's proposed modified habitat conservation plan (HCP), and the 
Service's preliminary determination that the HCP 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 April 10, 
2020.

ADDRESSES: Obtaining Documents: Documents are available for public 
inspection by appointment during regular business hours at either of 
the following locations:
     Atlanta Regional Office, Ecological Services, U.S. Fish 
and Wildlife Service, 1875 Century Boulevard, Atlanta, GA 30345.
     Alabama Ecological Services Office, U.S. Fish and Wildlife 
Service, 1208 Main Street, Daphne, AL 36526.
     Email a request to [email protected], please reference 
TE84363C-1 in the subject line.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by either of the following methods. 
Please reference TE84363C-1 in all comments.
    U.S. Mail: You may mail comments to either of the Fish and Wildlife 
Service Offices listed above.
    Hand-Delivery: You may hand-deliver comments to either of the Fish 
and Wildlife Service Offices listed above.
    Email: You may email comments to [email protected]. Please include 
your name and email address in your email. If you do not receive an 
email from us confirming that we have received your message, contact us 
directly at either telephone number in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: David Dell, Regional HCP and Safe 
Harbors Coordinator, at the Atlanta Regional Office (see ADDRESSES) or 
by telephone at 404-679-7313 or William Lynn, Project Manager, at the 
Alabama Ecological Services Office (see ADDRESSES) or by telephone at 
251-441-5868. If you use a telecommunications device for the deaf 
(TDD), please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce 
receipt of an application from the City of Gulf Shores, Alabama 
(applicant), to modify an existing 50-year incidental take permit (ITP) 
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 
1531 et seq.). The applicant requests to take the federally listed 
Alabama beach mouse (Peromyscus polionotus ammobates) incidental to the 
construction of a parking lot with associated facilities (project) in 
Gulf Shores, Alabama. The ITP modification would reduce the amount of 
take from

[[Page 14240]]

0.89 to 0.86 acres of occupied ABM habitat. We request public comment 
on the application, which includes the proposed modified habitat 
conservation plan (HCP) and the Service's preliminary determination 
that the HCP qualifies as ``low-effect,'' categorically excluded, under 
the National Environmental Policy Act (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 to modify its ITP to authorize take of the 
ABM via conversion of approximately 0.86 acres of the species' occupied 
associated with construction of a parking lot with amenities on 1.37 
acres of a 5.1-acre parcel in Baldwin County, Alabama. The applicant 
proposes to implement standard ABM minimization and mitigation measures 
to mitigate for take of the species. The standard minimization and 
mitigation measures include, but are not limited to, reducing the 
construction footprint, shifting the project to the west and north to 
increase habitat continuity for the species, installing sea turtle-
friendly exterior lighting and tinted windows, planting landscaping 
with native vegetation, and constructing a driveway with materials that 
will not disperse in a storm surge. The applicant will utilize refuse 
control measures during construction, as well as restore species' 
habitat after tropical storms. Free-roaming cats and use of exterior 
rodenticide also would be prohibited on the parcel. The applicant will 
conduct on-site monitoring of the Alabama beach mouse population via 
fall and spring trapping surveys (twice a year) over the remaining term 
of the ITP. Other minimization and mitigation measures include trapping 
and relocating ABM, dune enhancement, and restoration and installation 
of sand fencing. The applicant also would create and contribute to a 
dune enhancement fund to which future developers could also contribute. 
The applicant would make an annual contribution to the fund over the 
span of the ITP. The proceeds from the fund would be used to enhance 
habitat elsewhere within the city limits where ABM might be found.

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 information, we cannot guarantee that we will be able to do so.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project, including the proposed minimization and mitigation 
measures, would have a minor or negligible effect on the Alabama beach 
mouse and the environment. Therefore, we have preliminarily determined 
that modification of the incidental take permit would qualify for 
categorical exclusion and the modified HCP would be ``low effect'' and 
categorically excluded under our NEPA regulations at 43 CFR 46.205 and 
46.210. A low-effect HCP 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 those of other past, present, and reasonably 
foreseeable similarly situated projects, would not over time result in 
significant individual or cumulative effects to environmental values or 
resources.

Next Steps

    The Service will evaluate the application and comments to determine 
whether to issue the requested modified 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 
findings, we will determine whether to modify the ITP and issue ITP 
number TE84363C-1 to the City of Gulf Shores.

Authority

    The Service provides this notice under section 10(c) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6.

William Pearson,
Field Supervisor, Alabama Field Office.
[FR Doc. 2020-04959 Filed 3-10-20; 8:45 am]
 BILLING CODE 4333-15-P