[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72775-72776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23338]


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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.

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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 https://www.regulations.gov.
    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:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2023-0194.
     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 
[email protected]. 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]
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