[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47140-47142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17986]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2021-0074; FXES11140400000-212-FF04EF4000]


Renewal of Enhancement of Survival Permit and Modification of 
Safe Harbor Agreement for the Florida Scrub-Jay, Volusia County, FL; 
Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the Fish and Wildlife Service (Service), have received a 
written request from Daytona State College (applicant) to renew the 
enhancement of the survival permit

[[Page 47141]]

permit) with minor amendments to an existing safe harbor agreement 
(SHA). Continued implementation of the SHA is intended to benefit the 
recovery of the federally listed threatened Florida scrub-jay in 
Volusia County, Florida. The Service is making the proposed permit 
renewal, which includes the applicant's proposed updated SHA (November 
9, 2020), and our draft environmental action statement, available for 
public review and comment.

DATES: We must receive your written comments on or before September 22, 
2021.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2021-0074 at http://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
    <bullet> Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2021-0074.
    <bullet> U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R4-ES-2021-0074; U.S. Fish and Wildlife Service, 
MS: JAO/1N, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin Gawera, by telephone at 904-731-
3121or via email at <a href="/cdn-cgi/l/email-protection#3a5f485354655d5b4d5f485b7a5c4d49145d554c"><span class="__cf_email__" data-cfemail="c9acbba0a796aea8beacbba889afbebae7aea6bf">[email protected]</span></a>. Individuals who are hearing or 
speech impaired may call the Federal Relay Service at 1-800-877-8339 
for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
have received a written request from Daytona State College (applicant) 
to renew an existing enhancement of survival permit (permit) for an 
additional 10 years beyond its current expiration date. The Service and 
the applicant have mutually agreed to minor amendments to the Safe 
Harbor Agreement (SHA). The existing permit associated with the SHA was 
issued on November 15, 2010, under the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.), and is in effect until 
November 15, 2030. Renewing the permit associated with the SHA is 
intended to benefit the recovery of the federally listed threatened 
Florida scrub-jay (Aphelocoma coerulescens) on 76 enrolled acres (ac) 
of State-owned lands in Volusia County, Florida. The Service is making 
the proposed permit renewal, the modified SHA, and our draft 
environmental action statement (EAS) available for public review and 
comment. The draft EAS supports the Service's preliminary determination 
that the proposed permit renewal associated with the modified SHA is 
eligible for a categorical exclusion 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, which are also available for public review.

Background

    Section 9 of the ESA prohibits the take of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
Under the ESA, the term ``take'' means 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(19)). The term ``harm,'' as defined 
in our regulations, includes significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in our regulations as an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns, which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3). Under specified circumstances, however, we 
may issue permits that authorize take of federally listed species, 
provided the take is incidental to, but not the purpose of, an 
otherwise lawful activity. Regulations governing permits for threatened 
species are at 50 CFR 17.32.
    Under a safe harbor agreement, participating landowners voluntarily 
undertake management activities on their property to enhance, restore, 
or maintain habitat benefiting species listed under the ESA. Safe 
harbor agreements, and the subsequent permits issued to participating 
landowners pursuant to section 10(a)(1)(A) of the ESA, encourage 
private and other non-Federal property owners to implement conservation 
actions for federally listed species by assuring the landowners that 
they will not be subjected to increased property use restrictions as a 
result of their efforts to either attract listed species to their 
property, or to increase the numbers or distribution of listed species 
already on their property. Enrolled landowners may make lawful use of 
the enrolled property during the permit term and may incidentally take 
the listed species named on the permit. Application requirements and 
issuance criteria for permits associated with safe harbor agreements 
are found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(c) 
and 17.32(c). As provided for in the Service's final Safe Harbor Policy 
(64 FR 32717; June 17, 1999), safe harbor agreements provide assurances 
that allow the property owner to alter or modify their enrolled 
property, even if such alteration or modification results in the 
incidental take of a listed species, to such an extent that the 
property is returned back to the originally agreed upon baseline 
conditions. Private landowners may voluntarily terminate a safe harbor 
agreement at any time, in accordance with 50 CFR 13.26. If this occurs, 
landowners must relinquish the associated incidental take permit 
pursuant to section 10(a)(1)(A) of the ESA.

Safe Harbor Agreement

    The State lands covered under the existing SHA and valid permit 
consist of 76 ac on the Daytona State College campus in Volusia County, 
Florida. The baseline established in 2010 was 1.4 ac of occupied 
Florida scrub-jay habitat. Daytona State College has managed the 
property above baseline and has not proceeded with facility development 
since entering the SHA. Proposed minor changes within the SHA-enrolled 
property include a revision to the master campus facility development 
plan. The revision would not affect the 2010 established baseline of 
1.4 ac of occupied Florida scrub-jay, nor would it affect the SHA 
management actions. Under the modified SHA, the applicant will continue 
to undertake the following habitat maintenance and enhancement actions 
intended to benefit the Florida scrub-jay on the enrolled property: (1) 
Remove sand pine canopy; (2) create open sandy areas through mechanical 
means (including chopping and/or rootraking) or by using herbicides; 
and (3) manage habitat using prescribed fire and/or mechanical means. 
Under comment and review is the request to renew the existing valid 
Permit associated with the SHA that was issued November 15, 2010, under 
ESA, and is in effect until November 15, 2030. The applicant is 
requesting to extend the Permit period for an additional 10 years 
beyond its current expiration date.

National Environmental Policy Act Compliance

    The renewal of the permit is a Federal action that triggers the 
need for compliance with NEPA. The Service has made a preliminary 
determination that the proposed permit renewal is eligible for 
categorical exclusion under NEPA,

[[Page 47142]]

based on the following criteria: (1) Implementation of the SHA would 
result in minor or negligible adverse effects on federally listed, 
proposed, and candidate species and their habitats; (2) implementation 
of the SHA would result in minor or negligible adverse effects on other 
environmental values or resources; and (3) impacts of the SHA, 
considered together with the impacts of other past, present, and 
reasonably foreseeable similarly situated projects, would not result, 
over time, in cumulative adverse effects to environmental values or 
resources which would be considered significant. To make this 
determination, we used our EAS and low-effect screening form, which are 
also available for public review.

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) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6 and 43 CFR 
46.305.

Jay Herrington,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2021-17986 Filed 8-20-21; 8:45 am]
BILLING CODE 4333-15-P


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