Endangered and Threatened Wildlife and Plants; Receipt of Application for Modification of Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Mosaic Fertilizer, LLC, Manatee County, FL, 12074-12075 [2012-4624]

Download as PDF 12074 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. All written comments will be available for public inspection by appointment with the Federal Consulting Group at the contact information given in the Addresses section. The comments, with names and addresses, will be available for public view during regular business hours. If you wish us to withhold your personal information, you must prominently state at the beginning of your comment what personal information you want us to withhold. We will honor your request to extent allowable by law. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number. Ron Oberbillig, Chief Operating Officer, Federal Consulting Group. [FR Doc. 2012–4631 Filed 2–27–12; 8:45 am] BILLING CODE 4310–RK–P SUPPLEMENTARY INFORMATION: Background [FWS–R4–ES–2012–N013; FXES11130400000EA–123–FF04EF1000] Endangered and Threatened Wildlife and Plants; Receipt of Application for Modification of Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Mosaic Fertilizer, LLC, Manatee County, FL Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment/information. AGENCY: We, the Fish and Wildlife Service (Service), have received an application from Mosaic Fertilizer, LLC (applicant), for modification to Incidental Take Permit #TE236128–0. Mosaic Fertilizer, LLC (applicant), requests a 41-year ITP under the Endangered Species Act of 1973, as amended (Act) (ITP; # TE236128–1). We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies as SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES If you wish to review the application and HCP, you may request documents by email, U.S. mail, or phone (see below). These documents are also available for public inspection by appointment during normal business hours at the office below. Send your comments or requests by any one of the following methods. Email: northflorida@fws.gov. Use ‘‘Attn: Permit number TE236128–1’’ as your message subject line. Fax: David L. Hankla, Field Supervisor, (904) 731–3045, Attn.: Permit number TE236128–1. U.S. mail: David L. Hankla, Field Supervisor, Jacksonville Ecological Services Field Office, Attn: Permit number TE236128–1, U.S. Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256. In-person drop-off: You may drop off information during regular business hours at the above office address. ADDRESSES: Erin M. Gawera, telephone: (904) 731–3121; email: erin_gawera@fws.gov. Fish and Wildlife Service 20:10 Feb 27, 2012 To ensure consideration, please send your written comments by March 29, 2012. DATES: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR VerDate Mar<15>2010 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. Jkt 226001 Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 17 prohibit the ‘‘take’’ of fish or wildlife species listed as endangered or threatened. Take of listed fish or wildlife is defined under the Act 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). 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 threatened and endangered species are at 50 CFR 17.32 and 17.22, respectively. The Act’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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Applicant’s Proposal The applicant is requesting modification of the existing incidental take permit #TE236128–0 issued September 28, 2010, and made available via the Federal Register on January 28, 2010 (75 FR 4581). The original permit is for the take of approximately 75 acres (ac) of Florida scrub-jay (Aphelocoma coerulescens)—occupied habitat incidental to land clearing and phosphate mining. The requested modifications to this permit are increasing the duration of the permit from 24 years to 41 years, changing the boundary of the conservation easement placed on the property used for mitigation, and including take of one additional species, the threatened eastern indigo snake (Drymarchon couperi). The applicant requests take of no more than 3 threatened eastern indigo snakes within each 5-year period throughout the 41-year-long duration of the permit. The 4,345-ac project is located on parcel #45400059, within Sections 13, 22–27, and 34, Township 34 South, Range 22 East, Manatee County, Florida. The applicant’s HCP describes the mitigation and minimization measures the applicant proposes to address the effects of the project to the Florida scrub-jay and Eastern indigo snake. 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 determined that the ITP is a low-effect project and qualifies for categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). 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 Act (16 U.S.C. 1531 et seq.). If we determine that the application meets these requirements, we will issue ITP # TE236128–1. We will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intraService section 7 consultation. We will E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Notices 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 the permit to the applicant. Public Comments If you wish to comment on the permit application, HCP, and associated documents, you may submit comments by any one of the methods in ADDRESSES. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comments, 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 Act and NEPA regulations (40 CFR 1506.6). Dated: February 22, 2012. David L. Hankla, Field Supervisor, Jacksonville Field Office, Southeast Region. [FR Doc. 2012–4624 Filed 2–27–12; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT926000–L19100000–BJ0000– LRCS42800800] Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey. AGENCY: The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana, on March 29, 2012. DATES: Protests of the survey must be filed before March 29, 2012 to be considered. ADDRESSES: Protests of the survey should be sent to the Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669. FOR FURTHER INFORMATION CONTACT: Blaise Lodermeier, Cadastral Surveyor, tkelley on DSK3SPTVN1PROD with NOTICES VerDate Mar<15>2010 20:10 Feb 27, 2012 Jkt 226001 Principal Meridian, Montana T. 23 N., R. 43 E. The plat, in five sheets, representing the supplemental plat of sections 18, 19, and 30, showing the amended lottings created by the segregation of various parcels, Township 23 North, Range 43 East, Principal Meridian, Montana, was accepted February 17, 2012. We will place a copy of the plat, in five sheets, and related field notes we described in the open files. They will be available to the public as a matter of information. If the BLM receives a protest against this survey, as shown on this plat, in five sheets, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in five sheets, until the day after we have accepted or dismissed all protests and they have become final, including decisions or appeals. Authority: 43 U.S.C. Chap. 3. Notice of Filing of Plats of Survey; Montana SUMMARY: Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669, telephone (406) 896–5128 or (406) 896– 5009, bloderme@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the U.S. Army Corps of Engineers, Omaha District, and was necessary to determine federal interest lands. The lands we surveyed are: Steve L. Toth, Acting Chief Cadastral Surveyor, Division of Resources. [FR Doc. 2012–4609 Filed 2–27–12; 8:45 am] BILLING CODE 4310–DN–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT926000–L19100000–BJ0000– LRCME1R02060] Notice of Filing of Plats of Survey; Montana Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey. AGENCY: The Bureau of Land Management (BLM) will file the plat of SUMMARY: PO 00000 Frm 00075 Fmt 4703 Sfmt 9990 12075 survey of the lands described below in the BLM Montana State Office, Billings, Montana, on March 29, 2012. DATES: Protests of the survey must be filed before March 29, 2012 to be considered. Protests of the survey should be sent to the Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669. FOR FURTHER INFORMATION CONTACT: Marvin Montoya, Cadastral Surveyor, Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101–4669, telephone (406) 896–5124 or (406) 896– 5009, Marvin_Montoya@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Regional Director, Bureau of Indian Affairs, Rocky Mountain Region, Billings, Montana, and was necessary to determine boundaries of trust or tribal interest lands. The lands we surveyed are: ADDRESSES: Principal Meridian, Montana T. 4 S., R. 36 E. The plat, in one sheet, representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of sections 27 and 28, Township 4 South, Range 36 East, Principal Meridian, Montana, was accepted February 16, 2012. We will place a copy of the plat, in one sheet, and related field notes we described in the open files. They will be available to the public as a matter of information. If the BLM receives a protest against this survey, as shown on this plat, in one sheet, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in one sheet, until the day after we have accepted or dismissed all protests and they have become final, including decisions or appeals. Authority: 43 U.S.C. Chap. 3. Steve L. Toth, Acting Chief Cadastral Surveyor, Division of Resources. [FR Doc. 2012–4611 Filed 2–27–12; 8:45 am] BILLING CODE 4310–DN–P E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12074-12075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4624]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2012-N013; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Modification of Incidental Take Permit; Availability of 
Proposed Low-Effect Habitat Conservation Plan; Mosaic Fertilizer, LLC, 
Manatee County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment/information.

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from Mosaic Fertilizer, LLC (applicant), for modification 
to Incidental Take Permit TE236128-0. Mosaic Fertilizer, LLC 
(applicant), requests a 41-year ITP under the Endangered Species Act of 
1973, as amended (Act) (ITP;  TE236128-1). We request public 
comment 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 
March 29, 2012.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by email, U.S. mail, or phone (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Send your comments or 
requests by any one of the following methods.
    Email: northflorida@fws.gov. Use ``Attn: Permit number TE236128-1'' 
as your message subject line.
    Fax: David L. Hankla, Field Supervisor, (904) 731-3045, Attn.: 
Permit number TE236128-1.
    U.S. mail: David L. Hankla, Field Supervisor, Jacksonville 
Ecological Services Field Office, Attn: Permit number TE236128-1, U.S. 
Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, 
Jacksonville, FL 32256.
    In-person drop-off: You may drop off information during regular 
business hours at the above office address.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, telephone: (904) 731-
3121; email: erin_gawera@fws.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing 
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 
17 prohibit the ``take'' of fish or wildlife species listed as 
endangered or threatened. Take of listed fish or wildlife is defined 
under the Act 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). 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 threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. The 
Act'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

    The applicant is requesting modification of the existing incidental 
take permit TE236128-0 issued September 28, 2010, and made 
available via the Federal Register on January 28, 2010 (75 FR 4581). 
The original permit is for the take of approximately 75 acres (ac) of 
Florida scrub-jay (Aphelocoma coerulescens)--occupied habitat 
incidental to land clearing and phosphate mining. The requested 
modifications to this permit are increasing the duration of the permit 
from 24 years to 41 years, changing the boundary of the conservation 
easement placed on the property used for mitigation, and including take 
of one additional species, the threatened eastern indigo snake 
(Drymarchon couperi). The applicant requests take of no more than 3 
threatened eastern indigo snakes within each 5-year period throughout 
the 41-year-long duration of the permit. The 4,345-ac project is 
located on parcel 45400059, within Sections 13, 22-27, and 34, 
Township 34 South, Range 22 East, Manatee County, Florida. The 
applicant's HCP describes the mitigation and minimization measures the 
applicant proposes to address the effects of the project to the Florida 
scrub-jay and Eastern indigo snake.

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 
determined that the ITP is a low-effect project and qualifies for 
categorical exclusion under the National Environmental Policy Act 
(NEPA), as provided by the Department of the Interior Manual (516 DM 2 
Appendix 1 and 516 DM 6 Appendix 1). 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 Act (16 U.S.C. 1531 et seq.). If we determine that the application 
meets these requirements, we will issue ITP  TE236128-1. We 
will also evaluate whether issuance of the section 10(a)(1)(B) ITP 
complies with section 7 of the Act by conducting an intra-Service 
section 7 consultation. We will

[[Page 12075]]

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 the permit to the 
applicant.

Public Comments

    If you wish to comment on the permit application, HCP, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comments, 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 Act and NEPA 
regulations (40 CFR 1506.6).

    Dated: February 22, 2012.
David L. Hankla,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2012-4624 Filed 2-27-12; 8:45 am]
BILLING CODE 4310-55-P

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