Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for Beach Driving and Related Activities in St. Johns County, FL, 53245-53247 [05-17677]
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
ensure future management of acquired
scrub-jay habitat.
We have determined that the HCPs
are low-effect plans that are
categorically excluded from further
NEPA analysis, and do not require the
preparation of an EA or EIS. This
preliminary information may be revised
due to public comment received in
response to this notice. Low-effect HCPs
are those 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. Each of the Applicants’ HCPs
qualifies for the following reasons:
1. Approval of the HCP would result
in minor or negligible effects on the
Florida scrub-jay population as a whole.
We do not anticipate significant direct
or cumulative effects to the Florida
scrub-jay population as a result of the
construction projects.
2. Approval of the HCP would not
have adverse effects on known unique
geographic, historic or cultural sites, or
involve unique or unknown
environmental risks.
3. Approval of the HCP would not
result in any significant adverse effects
on public health or safety.
4. The project does not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
nor does it threaten to violate a Federal,
State, local or tribal law or requirement
imposed for the protection of the
environment.
5. Approval of the Plan would not
establish a precedent for future action or
represent a decision in principle about
future actions with potentially
significant environmental effects.
We have determined that issuance of
each of these incidental take permits
qualify as a categorical exclusion under
the NEPA, as provided by the
Department of the Interior Manual (516
DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Therefore, no further
NEPA documentation will be prepared.
We will evaluate the HCPs and
comments submitted thereon to
determine whether the applications
meet the requirements of section 10(a)
of the Act. If it is determined that those
requirements are met, the ITPs will be
issued for the incidental take of the
Florida scrub-jay. We will also evaluate
whether issuance of the section
10(a)(1)(B) ITPs comply with section 7
of the Act by conducting an intraService section 7 consultation. The
results of this consultation, in
combination with the above findings,
will be used in the final analysis to
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15:05 Sep 06, 2005
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determine whether or not to issue the
ITPs.
Dated: August 4, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–17676 Filed 9–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental
Assessment and Receipt of an
Application for an Incidental Take
Permit for Beach Driving and Related
Activities in St. Johns County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: St. Johns County (Applicant)
is seeking an incidental take permit
(ITP) from the Fish and Wildlife Service
(Service) pursuant to Section 10(a)(1)(B)
of the Endangered Species Act of 1973
(Act), as amended. The Applicant
anticipates that authorization of beach
driving and related activities, over a
requested permit term of 20 years, will
result in the incidental taking of the
endangered Anastasia Island beach
mouse (Peromyscus polionotus
phasma), leatherback sea turtle
(Dermochelys coriacea), green sea turtle
(Chelonia mydas), Kemp’s ridley sea
turtle (Lepidochelys kempi), and
hawksbill sea turtle (Eretmochelys
imbricata), as well as the threatened
loggerhead sea turtle (Caretta caretta).
The anticipated taking of these federally
listed species is incidental to otherwise
legal vehicle operation on the beaches of
St. Johns County, pursuant to the Beach
and Shore Preservation Act of 1998,
section 161.36, Florida Statutes.
A description of the mitigation and
minimization measures outlined in the
Applicant’s Habitat Conservation Plan
(HCP) to address the effects of the beach
access and beach access-related
activities on federally listed species is
described further in the SUPPLEMENTARY
INFORMATION section below. The Service
has made a preliminary determination
that the issuance of the Permit is not a
major Federal action significantly
affecting the quality of the human
environment within the meaning of
section 102(2)(C) of NEPA. This
preliminary information may be revised
due to public comment received in
response to this notice and is based on
information contained in the
Environmental Assessment (EA) and
HCP. Copies of the HCP and EA may be
obtained by making a request to the
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Fmt 4703
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53245
Regional Office (see ADDRESSES).
Requests must be in writing to be
processed. This Notice is provided
pursuant to section 10 of the
Endangered Species Act and NEPA
regulations (40 CFR 1506.6).
DATES: Written comments on the permit
application, supporting documentation,
EA and HCP should be sent to the
Service’s Regional Office (see
ADDRESSES) and should be received on
or before November 7, 2005.
ADDRESSES: Persons wishing to review
the application, HCP, and EA may
obtain a copy by writing the Service’s
Southeast Regional Office, Atlanta,
Georgia. Please reference permit number
TE091980–0 in such requests.
Documents will also be available for
public inspection by appointment
during normal business hours at the
Regional Office, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia
30345 (Attn: Endangered Species
Permits), or Field Supervisor, U.S. Fish
and Wildlife Service, 6620 Southpoint
Drive South, Suite 310, Jacksonville,
Florida 32216–0912.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional Permit
Coordinator, (see ADDRESSES above),
telephone: 404/679–7110; or Mr.
Michael Jennings, Fish and Wildlife
Biologist, Jacksonville Field Office, (see
ADDRESSES above), telephone: 904/232–
2580, extension 113.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE091980–0 in such comments.
You may mail comments to the
Service’s Regional Office (see
ADDRESSES). You may also comment via
the Internet to david_dell@fws.gov.
Please submit comments over the
internet as an ASCII file avoiding the
use of special characters and any form
of encryption. Please also include your
name and return address in your
internet message. If you do not receive
a confirmation from the Service that we
have received your internet message,
contact us directly at either of the
telephone numbers listed below (see
FOR FURTHER INFORMATION CONTACT).
Finally, you may hand deliver
comments to either of the Service offices
listed above (see ADDRESSES). Our
practice is to make comments, including
names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home address from
the administrative record. We will
honor such requests to the extent
allowable by law. There may also be
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
other circumstances in which we would
withhold from the administrative record
a respondent’s identity, as allowable by
law. If you wish us to withhold your
name and address, you must state this
prominently at the beginning of your
comments. We will not, however,
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Anastasia Island beach mice are
restricted to 14 linear miles along the
Atlantic Ocean coast of Anastasia
Island, St. Johns County, Florida. They
are found primarily at the southern (Fort
Matanzas National Monument) and
northern (Anastasia State Recreation
Area) ends of the island, although low
densities of beach mice probably remain
along the entire length of the island
where residential construction has
reduced and fragmented coastal dunes.
Physically, Anastasia Island beach mice
are relatively large compared to other
subspecies of beach mice. However, like
most other subspecies, they prefer
primary and secondary dune habitats
composed of a variety of dunecolonizing vegetation. Beach mice
typically live in burrows constructed in
coastal sand dunes. They eat a variety
of seeds, but appear to prefer sea oats
(Uniola paniculata) and dune panic
grass (Panicum amarum) along with
small invertebrates.
Three species of sea turtles nest on
the beaches of St. Johns County. On
average 268 loggerhead, eight green, and
one leatherback sea turtles annually nest
along St. Johns County’s 42 miles of
coastline. Neither hawksbill or Kemp’s
ridley turtles have been documented to
nest in St. Johns County.
While the mechanism remains largely
unknown, nesting sea turtles return to
their natal beaches when they are
reproductively mature. Once a gravid
female reaches her selected nesting
beach, she hauls herself from the sea,
crawls to an area above the mean high
water line (in St. Johns County this is
usually at the toe of the primary dune),
excavates an egg chamber, deposits 80
to135 eggs (the number depends on the
species), covers the egg chamber, and
returns to the sea. This process typically
takes about one and a half hours and,
except for the Kemp’s ridley, usually
occurs at night. Loggerhead turtles nest
from late April to mid September, green
turtles from late May to mid September,
and leatherback turtles from late
February to July. Artificial lights,
obstructions (e.g., groins, escarpments,
beach furniture, and armoring
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15:05 Sep 06, 2005
Jkt 205001
structures), night-time human activity
on nesting beaches, and predation are
known or suspected to deter turtles from
nesting.
Sea turtle eggs incubate within the
warm, moist egg chamber for 50 to 75
days (depending on the species).
Incubating eggs are vulnerable to
crushing, drowning, or washout. Along
St. Johns County’s coastline, trampling
by humans and vehicles can crush sea
turtle nests. Sea turtle eggs can
withstand occasional inundation
associated with spring tides, but
repeated or long-duration inundation
typically associated with storm events
can drown eggs. During storm events,
sea turtle nests are often washed out.
Nests deposited between an armoring
structure and the sea are more
vulnerable to washout.
After hatching, young sea turtles dig
upward to the beach surface and
immediately crawl toward the sea.
Hatchling emergence typically occurs at
night. Factors affecting the survival of
hatchling sea turtles include
compaction of sand on top of the egg
chamber, predation, and disorientation
due to artificial lighting. Pedestrian
traffic and heavy equipment use may
cause compaction of sand and create an
impenetrable substrate for hatchling
turtles that ultimately results in their
death. Following successful emergence
at the beach surface, hatchlings are
vulnerable to terrestrial and aerial
predators. Raccoons, domestic cats,
ghost crabs, and a variety of sea birds
often take hatchling sea turtles. Because
hatchling sea turtles orient to ambient
light reflected by the sea surface,
artificial light sources can interfere with
the ability of hatchlings to correctly
orient towards the sea. Often,
disoriented hatchlings are attracted
towards the source of the artificial light
and away from the sea. Disoriented
hatchlings typically die from
dessication, predation, or exhaustion.
The Applicant authorizes beach
driving for a variety of purposes, all of
which are otherwise legal activities.
Local public safety and/or operations
staff, law enforcement and emergency
response vehicles may operate on about
41.1 linear miles of beach within St.
Johns County, but the amount of vehicle
traffic on county beaches resulting from
these entities is relatively small
compared with recreational traffic
resulting from use by the general public.
Vehicle traffic from the general public is
limited to about 16.3 linear miles of
beach.
Authorized beach driving and beach
driving-related activities may result in
the incidental taking of the Anastasia
Island beach mouse and the species of
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Fmt 4703
Sfmt 4703
sea turtles described above. The
Applicant anticipates harm or
harassment of species covered by the
HCP due to the following beach driving
and beach driving related activities: (1)
Public safety operations, such as those
that are provided by lifeguards,
emergency vehicles, and law
enforcement vehicles; (2) public
vehicular access; (3) routine beach
maintenance and sanitation; (4) access
ramp maintenance; (5) actions necessary
to implement the terms and conditions
of the ITP; (6) planned coastal
construction projects properly permitted
by local, State, and/or Federal
regulatory agencies, such as seawall
repairs, beach nourishment, dune
restoration, and removal of windblown
sand, where no reasonable upland
alternative exists; (7) scientific
monitoring and studies not covered
under the original ITP; (8) emergency
shoreline protection projects properly
permitted by local, State, and/or Federal
regulatory agencies; and (9) non-routine
beach maintenance and sanitation, such
as removal of hazardous materials,
removal of storm-generated debris and/
or obstacles that pose a public health or
safety risk and other atypical
circumstances requiring beach access
(e.g., boat groundings, downed aircraft,
etc.).
To minimize and mitigate the
anticipated incidental take of species
covered by the HCP, the Applicant
proposes to implement a number of
protective measures that will spatially
and temporally reduce interactions
between vehicles and sea turtles and
their nests. The following actions are
proposed by the Applicant: (1) Limit
most public vehicle access to the beach
from 8:00 a.m. to 8:00 p.m. daily from
May 1 through October 31; (2) develop
and implement a rut removal program;
(3) develop and implement a public
awareness program; (4) elevate trash
receptacles; (5) expand existing nodriving conservation zones; (6) reduce
public access along portions of the
beach; (7) develop and implement a
consistent county-wide beach lighting
management program; (8) develop and
implement a beach horseback riding
registration and education program; (9)
undertake dune restoration programs;
(10) monitor and mark sea turtle nests
within the area covered by the HCP; and
(11) increase local law enforcement staff
to enforce existing ordinances and the
terms of the incidental take permit.
The Service has made a preliminary
determination that issuance of the
requested ITP is not a major Federal
action significantly affecting the quality
of the human environment within the
meaning of Section 102(2)(C) of NEPA.
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
This preliminary information may be
revised due to public comment received
in response to this notice and is based
on information contained in the EA and
HCP.
The Service will evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the issuance criteria requirements
of section 10(a)(1)(B) of the Act. By
conducting an intra-Service section 7
consultation the Service will also
evaluate whether issuance of the section
10(a)(1)(B) ITP would comply with
section 7 of the Act. The results of this
consultation, in combination with the
above findings, will be used in the final
analysis to determine whether or not to
issue the ITP for the five species of sea
turtle and the Anastasia Island beach
mouse.
Dated: August 6, 2005.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. 05–17677 Filed 9–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV–025–1232–NX–NV06; Special
Recreation Permit #NV–025–04–02]
Notice to the Public of Temporary
Public Lands Closures and Prohibition
of Certain Activities on Public Lands
Administered by the Bureau of Land
Management, Winnemucca Field
Office, Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of temporary closure.
AGENCY:
SUMMARY: Notice is hereby given that
certain lands located in northwestern
Nevada partly within the Black Rock
Desert-High Rock Canyon Emigrant
Trails National Conservation Area will
be temporarily closed or restricted and
certain activities will be temporarily
prohibited in and around the Burning
Man event site administered by the BLM
Winnemucca Field Office in Pershing
and Washoe Counties, Nevada.
The specified closures, restrictions
and prohibitions are made in the
interest of public safety at and around
the public lands location of an event
known as the Burning Man Festival.
This event is authorized on public lands
under a special recreation permit and is
expected to attract approximately
35,000 participants this year.
These lands will be closed or
restricted as follows:
• August 15, 2005 through September
19, 2005 inclusive: Discharge of
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15:05 Sep 06, 2005
Jkt 205001
firearms, possession of weapons, waste
water disposal, and closed or restricted
to camping.
• August 26, 2005 through September
5, 2005 inclusive: Aircraft landing,
possession of fireworks, possession of
alcohol by minors, and closed to all
public uses.
• August 29, 2005 through September
5, 2005 inclusive: Closed or restricted to
vehicle use.
Public camping and vehicle use that
creates dust plumes higher than the top
of the vehicle are prohibited from
August 29, 2005 through September 5,
2005 inclusive in the following legally
described locations outside the permit
area (defined by a temporary event
perimeter fence):
Mount Diablo Meridian
Unsurveyed T. 33 N., R. 24 E.,
Sec. 1, W1⁄2;
Secs. 2, 3 and 4;
Secs. 9, 10 and 11;
Sec. 12, W1⁄2;
Sec. 13, NW1⁄4;
Sec. 14, N1⁄2;
Sec. 15, N1⁄2;
Sec. 16, N1⁄2.
Unsurveyed T. 331⁄2 N., R. 24 E.,
Secs. 33, 34 and 35;
Sec. 36, W1⁄2.
Burning Man event ticket holders who
are camped in designated areas
provided by Black Rock City LLC
(limited liability company) and ticket
holders who are camped in the
authorized ‘‘pilot camp’’ and BLMauthorized event management-related
camps are exempt from the camping
closure.
Public camping is prohibited from
August 15, 2005 through August 28,
2005 inclusive and from September 6,
2005 through September 19, 2005
inclusive in the following legally
described locations inside the permit
area (defined by a temporary event
perimeter fence), within 50 yards
outside the perimeter fence boundary,
and within the airport/airstrip area
located contiguous with and south of
the perimeter fence boundary:
Mount Diablo Meridian
Unsurveyed T. 33 N., R. 24 E.,
Secs. 2, 3 and 4;
Secs. 9, 10 and 11.
Unsurveyed T. 331⁄2 N., R. 24 E.,
Secs. 33, 34 and 35.
These areas described above are
closed two weeks preceding and
following the Burning Man event. Black
Rock City LLC authorized staff,
contractors, volunteers, and participants
constructing or taking down art exhibits
and theme camps are exempt from the
camping closure.
PO 00000
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53247
Operation of motorized vehicles is
prohibited from August 29, 2005
through September 5, 2005 inclusive in
the following legally described locations
inside the permit area (defined by a
temporary event perimeter fence) and
within 50 yards outside the perimeter
fence boundary:
Mount Diablo Meridian
Unsurveyed T. 33 N., R. 24 E.,
Secs. 2, 3, 4, 9, 10, and 11;
Unsurveyed T. 331⁄2 N., R. 24 E.,
Secs. 33, 34 and 35.
The following exceptions apply: The
main playa road that provides access
between the 3-Mile and Trego playa
entrances; participant arrival and
departure on designated routes; mutant
vehicles registered with Burning Man;
Black Rock City LLC staff and support;
BLM, medical, law enforcement, and
firefighting vehicles; and motorized
skateboards or ‘‘Go Peds’’ with or
without handlebars. Mutant vehicles
must be registered with Burning Man/
Black Rock City LLC and drivers must
provide evidence of registration at all
times.
For event safety near the entrance
road and airstrip, the following legally
described locations outside the permit
area (defined by a temporary event
perimeter fence) are closed to all public
use from August 29, 2005 through
September 5, 2005 inclusive:
Mount Diablo Meridian
Unsurveyed T. 33 N., R. 24 E.,
Sec. 4, NE1⁄4, S1⁄2;
Sec. 5, SE1⁄4;
Sec. 8, NE1⁄4, S1⁄2;
Sec. 9;
Sec. 10;
Sec. 15, N1⁄2;
Sec. 16, N1⁄2.
Unsurveyed T. 331⁄2 N., R. 24 E.,
Sec. 33, SE1⁄4;
Sec. 34, SW1⁄4.
The following exceptions apply: The
main playa road that provides access
between the 3-Mile and Trego playa
entrances; participant arrival and
departure on designated routes; aircraft
operations conducted through the
authorized event landing strip and such
ultralight and helicopter take-off and
landing areas for Burning Man staff and
participants, law enforcement, and
emergency medical services as may be
included in the annual operation plan
submitted by Black Rock City, LLC and
approved by the authorized officer; and
uses performed by BLM personnel as
designated by the authorized BLM
officer.
The use, sale or possession of
personal fireworks within the Burning
E:\FR\FM\07SEN1.SGM
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Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53245-53247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17677]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for Beach Driving and Related
Activities in St. Johns County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: St. Johns County (Applicant) is seeking an incidental take
permit (ITP) from the Fish and Wildlife Service (Service) pursuant to
Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as
amended. The Applicant anticipates that authorization of beach driving
and related activities, over a requested permit term of 20 years, will
result in the incidental taking of the endangered Anastasia Island
beach mouse (Peromyscus polionotus phasma), leatherback sea turtle
(Dermochelys coriacea), green sea turtle (Chelonia mydas), Kemp's
ridley sea turtle (Lepidochelys kempi), and hawksbill sea turtle
(Eretmochelys imbricata), as well as the threatened loggerhead sea
turtle (Caretta caretta). The anticipated taking of these federally
listed species is incidental to otherwise legal vehicle operation on
the beaches of St. Johns County, pursuant to the Beach and Shore
Preservation Act of 1998, section 161.36, Florida Statutes.
A description of the mitigation and minimization measures outlined
in the Applicant's Habitat Conservation Plan (HCP) to address the
effects of the beach access and beach access-related activities on
federally listed species is described further in the SUPPLEMENTARY
INFORMATION section below. The Service has made a preliminary
determination that the issuance of the Permit is not a major Federal
action significantly affecting the quality of the human environment
within the meaning of section 102(2)(C) of NEPA. This preliminary
information may be revised due to public comment received in response
to this notice and is based on information contained in the
Environmental Assessment (EA) and HCP. Copies of the HCP and EA may be
obtained by making a request to the Regional Office (see ADDRESSES).
Requests must be in writing to be processed. This Notice is provided
pursuant to section 10 of the Endangered Species Act and NEPA
regulations (40 CFR 1506.6).
DATES: Written comments on the permit application, supporting
documentation, EA and HCP should be sent to the Service's Regional
Office (see ADDRESSES) and should be received on or before November 7,
2005.
ADDRESSES: Persons wishing to review the application, HCP, and EA may
obtain a copy by writing the Service's Southeast Regional Office,
Atlanta, Georgia. Please reference permit number TE091980-0 in such
requests. Documents will also be available for public inspection by
appointment during normal business hours at the Regional Office, 1875
Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered
Species Permits), or Field Supervisor, U.S. Fish and Wildlife Service,
6620 Southpoint Drive South, Suite 310, Jacksonville, Florida 32216-
0912.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional Permit
Coordinator, (see ADDRESSES above), telephone: 404/679-7110; or Mr.
Michael Jennings, Fish and Wildlife Biologist, Jacksonville Field
Office, (see ADDRESSES above), telephone: 904/232-2580, extension 113.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE091980-0 in such comments. You may mail comments to the Service's
Regional Office (see ADDRESSES). You may also comment via the Internet
to david_dell@fws.gov. Please submit comments over the internet as an
ASCII file avoiding the use of special characters and any form of
encryption. Please also include your name and return address in your
internet message. If you do not receive a confirmation from the Service
that we have received your internet message, contact us directly at
either of the telephone numbers listed below (see FOR FURTHER
INFORMATION CONTACT). Finally, you may hand deliver comments to either
of the Service offices listed above (see ADDRESSES). Our practice is to
make comments, including names and home addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
administrative record. We will honor such requests to the extent
allowable by law. There may also be
[[Page 53246]]
other circumstances in which we would withhold from the administrative
record a respondent's identity, as allowable by law. If you wish us to
withhold your name and address, you must state this prominently at the
beginning of your comments. We will not, however, consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Anastasia Island beach mice are restricted to 14 linear miles along
the Atlantic Ocean coast of Anastasia Island, St. Johns County,
Florida. They are found primarily at the southern (Fort Matanzas
National Monument) and northern (Anastasia State Recreation Area) ends
of the island, although low densities of beach mice probably remain
along the entire length of the island where residential construction
has reduced and fragmented coastal dunes. Physically, Anastasia Island
beach mice are relatively large compared to other subspecies of beach
mice. However, like most other subspecies, they prefer primary and
secondary dune habitats composed of a variety of dune-colonizing
vegetation. Beach mice typically live in burrows constructed in coastal
sand dunes. They eat a variety of seeds, but appear to prefer sea oats
(Uniola paniculata) and dune panic grass (Panicum amarum) along with
small invertebrates.
Three species of sea turtles nest on the beaches of St. Johns
County. On average 268 loggerhead, eight green, and one leatherback sea
turtles annually nest along St. Johns County's 42 miles of coastline.
Neither hawksbill or Kemp's ridley turtles have been documented to nest
in St. Johns County.
While the mechanism remains largely unknown, nesting sea turtles
return to their natal beaches when they are reproductively mature. Once
a gravid female reaches her selected nesting beach, she hauls herself
from the sea, crawls to an area above the mean high water line (in St.
Johns County this is usually at the toe of the primary dune), excavates
an egg chamber, deposits 80 to135 eggs (the number depends on the
species), covers the egg chamber, and returns to the sea. This process
typically takes about one and a half hours and, except for the Kemp's
ridley, usually occurs at night. Loggerhead turtles nest from late
April to mid September, green turtles from late May to mid September,
and leatherback turtles from late February to July. Artificial lights,
obstructions (e.g., groins, escarpments, beach furniture, and armoring
structures), night-time human activity on nesting beaches, and
predation are known or suspected to deter turtles from nesting.
Sea turtle eggs incubate within the warm, moist egg chamber for 50
to 75 days (depending on the species). Incubating eggs are vulnerable
to crushing, drowning, or washout. Along St. Johns County's coastline,
trampling by humans and vehicles can crush sea turtle nests. Sea turtle
eggs can withstand occasional inundation associated with spring tides,
but repeated or long-duration inundation typically associated with
storm events can drown eggs. During storm events, sea turtle nests are
often washed out. Nests deposited between an armoring structure and the
sea are more vulnerable to washout.
After hatching, young sea turtles dig upward to the beach surface
and immediately crawl toward the sea. Hatchling emergence typically
occurs at night. Factors affecting the survival of hatchling sea
turtles include compaction of sand on top of the egg chamber,
predation, and disorientation due to artificial lighting. Pedestrian
traffic and heavy equipment use may cause compaction of sand and create
an impenetrable substrate for hatchling turtles that ultimately results
in their death. Following successful emergence at the beach surface,
hatchlings are vulnerable to terrestrial and aerial predators.
Raccoons, domestic cats, ghost crabs, and a variety of sea birds often
take hatchling sea turtles. Because hatchling sea turtles orient to
ambient light reflected by the sea surface, artificial light sources
can interfere with the ability of hatchlings to correctly orient
towards the sea. Often, disoriented hatchlings are attracted towards
the source of the artificial light and away from the sea. Disoriented
hatchlings typically die from dessication, predation, or exhaustion.
The Applicant authorizes beach driving for a variety of purposes,
all of which are otherwise legal activities. Local public safety and/or
operations staff, law enforcement and emergency response vehicles may
operate on about 41.1 linear miles of beach within St. Johns County,
but the amount of vehicle traffic on county beaches resulting from
these entities is relatively small compared with recreational traffic
resulting from use by the general public. Vehicle traffic from the
general public is limited to about 16.3 linear miles of beach.
Authorized beach driving and beach driving-related activities may
result in the incidental taking of the Anastasia Island beach mouse and
the species of sea turtles described above. The Applicant anticipates
harm or harassment of species covered by the HCP due to the following
beach driving and beach driving related activities: (1) Public safety
operations, such as those that are provided by lifeguards, emergency
vehicles, and law enforcement vehicles; (2) public vehicular access;
(3) routine beach maintenance and sanitation; (4) access ramp
maintenance; (5) actions necessary to implement the terms and
conditions of the ITP; (6) planned coastal construction projects
properly permitted by local, State, and/or Federal regulatory agencies,
such as seawall repairs, beach nourishment, dune restoration, and
removal of windblown sand, where no reasonable upland alternative
exists; (7) scientific monitoring and studies not covered under the
original ITP; (8) emergency shoreline protection projects properly
permitted by local, State, and/or Federal regulatory agencies; and (9)
non-routine beach maintenance and sanitation, such as removal of
hazardous materials, removal of storm-generated debris and/or obstacles
that pose a public health or safety risk and other atypical
circumstances requiring beach access (e.g., boat groundings, downed
aircraft, etc.).
To minimize and mitigate the anticipated incidental take of species
covered by the HCP, the Applicant proposes to implement a number of
protective measures that will spatially and temporally reduce
interactions between vehicles and sea turtles and their nests. The
following actions are proposed by the Applicant: (1) Limit most public
vehicle access to the beach from 8:00 a.m. to 8:00 p.m. daily from May
1 through October 31; (2) develop and implement a rut removal program;
(3) develop and implement a public awareness program; (4) elevate trash
receptacles; (5) expand existing no-driving conservation zones; (6)
reduce public access along portions of the beach; (7) develop and
implement a consistent county-wide beach lighting management program;
(8) develop and implement a beach horseback riding registration and
education program; (9) undertake dune restoration programs; (10)
monitor and mark sea turtle nests within the area covered by the HCP;
and (11) increase local law enforcement staff to enforce existing
ordinances and the terms of the incidental take permit.
The Service has made a preliminary determination that issuance of
the requested ITP is not a major Federal action significantly affecting
the quality of the human environment within the meaning of Section
102(2)(C) of NEPA.
[[Page 53247]]
This preliminary information may be revised due to public comment
received in response to this notice and is based on information
contained in the EA and HCP.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meets the issuance criteria
requirements of section 10(a)(1)(B) of the Act. By conducting an intra-
Service section 7 consultation the Service will also evaluate whether
issuance of the section 10(a)(1)(B) ITP would comply with section 7 of
the Act. The results of this consultation, in combination with the
above findings, will be used in the final analysis to determine whether
or not to issue the ITP for the five species of sea turtle and the
Anastasia Island beach mouse.
Dated: August 6, 2005.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. 05-17677 Filed 9-6-05; 8:45 am]
BILLING CODE 4310-55-P