Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Marion County Utilities, Marion County, FL, 43349-43350 [2012-17988]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices (ii) Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(f)(1), 5058); (iii) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)); (iv) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e); (v) Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f)); (vi) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94–540, 90 Stat. 2503–04); (vii) The first $2000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407–8); (viii) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under Federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs, the exception found in § 237 of Public Law 109–249 applies and requires that the amount of financial assistance in excess of tuition shall be considered income in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109– 247); (ix) Payments received from programs funded under Title V of the Older Americans Act of 1965 (42 U.S.C. 3056g); (x) Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange liability litigation, M.D.L. No. 381 (E.D.N.Y.) (Pub. L. 101–201 and 101–39); (xi) Payments received under the Maine Indian Claims Settlement Act of 1980 (Public Law 96–420, 25 U.S.C. 1721) pursuant to 25 U.S.C. 1728(c); (xii) The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q); VerDate Mar<15>2010 21:06 Jul 23, 2012 Jkt 226001 (xiii) Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 32(l)); (xiv) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95–433); (xv) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)); (xvi) Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602); (xvii) Allowances, earnings and payments to individuals participating in programs under the Workforce Investment Act of 1998 (29 U.S.C. 2931); (xviii) Any amount received under the School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC); (xix) Payments, funds or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)); (xx) Payments from any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts as provided by an amendment to the definition of annual income in the U.S. Housing Act of 1937 (42 U.S.C. 1437) by Section 2608 of the Housing and Economic Recovery Act of 2008 (Pub. L. 110–289, 42 U.S.C. 4501); (xxi) Compensation received by or on behalf of a veteran for service-connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111–269) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101) and administered by the Office of Native American Programs; and (xxii) A lump sum or a periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States District Court, District of Columbia, as provided PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 43349 in the Claims Resolution Act of 2010 (Pub. L. 111–291). Dated: July 17, 2012. Sandra B. Henriquez, Assistant Secretary for Public and Indian Housing. Carol J. Galante, Acting Assistant Secretary for HousingFederal Housing Commissioner. [FR Doc. 2012–18056 Filed 7–23–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R4–ES–2012–N161; FXES11130400000EA–123–FF04EF1000] Endangered and Threatened Wildlife and Plants; Receipt of Application for Incidental Take Permit; Availability of Proposed Low-Effect Habitat Conservation Plan; Marion County Utilities, Marion County, FL Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the Fish and Wildlife Service (Service), have received an application from Marion County Utilities (applicant), for a 10-year incidental take permit (ITP; # TE79178A–0) under the Endangered Species Act of 1973, as amended (Act). 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 August 23, 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 TE79178A–0’’ as your message subject line. Fax: David L. Hankla, Field Supervisor, (904) 731–3045, Attn.: Permit number TE79178A–0. SUMMARY: E:\FR\FM\24JYN1.SGM 24JYN1 43350 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices U.S. mail: David L. Hankla, Field Supervisor, Jacksonville Ecological Services Field Office, Attn: Permit number TE79178A–0, 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 part 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. sroberts on DSK5SPTVN1PROD with NOTICES Applicant’s Proposal The applicant is requesting take of approximately 2.26 acres (ac) of Florida scrub-jay (Aphelocoma coerulescens)— occupied habitat incidental to construction of an expansion to an existing water plant facility. The 6.5-ac project is located on a 14.6-ac property (parcel #8001–0000–19), within Section 15, Township 17 South, Range 21 East, Marion 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. 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 VerDate Mar<15>2010 21:06 Jul 23, 2012 Jkt 226001 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 the ITP. 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 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: July 13, 2012. David L. Hankla, Field Supervisor, Jacksonville Field Office, Southeast Region. [FR Doc. 2012–17988 Filed 7–23–12; 8:45 am] BILLING CODE 4310–55–P PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2012–N043: FF08E00000– FXES11120800000F2–123–F2] Draft Environmental Assessment and Proposed Habitat Conservation Plan for the San Diego Unified School District’s Jonas Salk Elementary School Project in the City of San Diego, San Diego County, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability: request for comment. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) for the proposed Jonas Salk Elementary School Project in response to an application from the San Diego Unified School District (District or applicant) for a 10-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ‘‘take’’ of one federally listed animal, the San Diego fairy shrimp (Branchinecta sandiegonensis). The applicant would implement a conservation program to mitigate the project impacts, as described in the applicant’s habitat conservation plan (plan). We request data, comments, and new information or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on the applicant’s permit application, plan, and the associated EA. DATES: To ensure consideration, please send your written comments by September 24, 2012. ADDRESSES: Please send your comments or requests for more information by any one of the following methods. Email: FW8cfwocomments@fws.gov. Include ‘‘Jonas Salk Elementary School’’ in the subject line of the message. Fax: Attn: Jim Bartel, Field Supervisor, (760) 431–5902. U.S. Mail: Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, at the address shown above or at (760) 431–9440 (telephone). If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at (800) 877–8339. SUMMARY: E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43349-43350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17988]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2012-N161; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan; Marion County Utilities, Marion 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application from Marion County Utilities (applicant), for a 10-year 
incidental take permit (ITP;  TE79178A-0) under the Endangered 
Species Act of 1973, as amended (Act). 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 
August 23, 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 TE79178A-0'' 
as your message subject line.
    Fax: David L. Hankla, Field Supervisor, (904) 731-3045, Attn.: 
Permit number TE79178A-0.

[[Page 43350]]

    U.S. mail: David L. Hankla, Field Supervisor, Jacksonville 
Ecological Services Field Office, Attn: Permit number TE79178A-0, 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 
part 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 take of approximately 2.26 acres (ac) 
of Florida scrub-jay (Aphelocoma coerulescens)--occupied habitat 
incidental to construction of an expansion to an existing water plant 
facility. The 6.5-ac project is located on a 14.6-ac property (parcel 
8001-0000-19), within Section 15, Township 17 South, Range 21 
East, Marion 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.

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 the ITP. 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 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: July 13, 2012.
David L. Hankla,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2012-17988 Filed 7-23-12; 8:45 am]
BILLING CODE 4310-55-P

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