[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29172-29173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10166]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0039; FXES11130400000-223-FF04EF4000]


Renewal of Four Incidental Take Permits for Florida Scrub-Jay, 
Charlotte County, FL

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the Fish and Wildlife Service, announce receipt of an 
application from Peter Famulari to renew four incidental take permits 
(ITPs) under the Endangered Species Act. If granted, the renewed ITPs 
would authorize take of the Florida scrub-jay via destruction of the 
species' feeding, breeding, and sheltering habitat. The compensatory 
portion of the mitigation as described in the applicant's habitat 
conservation plan (HCP), as amended, has been completed; however, none 
of the activities covered by the HCP have occurred on the covered 
properties, and there has been no take of the species. We invite 
comments from the public and Federal, Tribal, State, and local 
governments on the applicant's HCP, our original set of findings, and 
our current review and certification which support categorical 
exclusions under the National Environmental Policy Act.

DATES: We must receive your written comments on or before June 13, 
2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2022-0039 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 any of the following methods:
    <bullet> Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0039.
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2022-0039; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Elizabeth Landrum, by U.S. mail (see 
ADDRESSES) or via phone at 772-469-4304. 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 incidental take permit (ITP) application for the 
renewal of four ITPs under section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicant is Peter C. Famulari, and the project sites, sizes, existing 
ITP numbers, and proposed new ITP numbers are:
    <bullet> 1274 Navigator Road, Property Identification Number 
402309287001, Port Charlotte, FL; 0.504 acres; TE136150-1; PER0027573;
    <bullet> 1178 Melville Road, Property Identification Numbers 
402309251001, 402309251002, and 402309251003, Port Charlotte, FL; 1.540 
acres; TE136149-1; PER0028218;
    <bullet> 1072 Melville Road, Property Identification Number 
402309130005,

[[Page 29173]]

Port Charlotte, FL; 0.709 acres; TE136151-1; PER0028219; and,
    <bullet> 1023 Bismarck Road, Property Identification Number 
402309206002, Port Charlotte, FL; 0.459 acres; TE136153-1; PER0028220.
    The applicant seeks authority to take Florida scrub-jays 
(Aphelocoma coerulescens) via destruction of the species' feeding, 
breeding, and sheltering habitat incidental to land preparation and 
construction in Charlotte County, Florida. The applicant's existing HCP 
provides measures to mitigate for the incidental take of the species, 
which was federally listed as threatened in 1987 (June 3, 1987; 52 FR 
20719).

Applicant's Proposed Projects

    All four of the applicant's sites are zoned as single-family 
residential, so the development of each parcel would comprise the 
construction of a residential structure, driveway, installation of 
associated utilities and landscaping and possibly garages and pools. 
However, as the applicant currently has no timeframe for development or 
specific site plans, he is requesting his existing ITPs to be renewed 
for 10 more years, with each expiring on May 20, 2029. The applicant 
already has performed the required compensatory mitigation for impacts 
to the species by combining two 20-acre parcels (for which he had an 
assignable purchase contract) with adjacent parcels to form a 76-acre 
package of land that Charlotte County then acquired and is managing for 
scrub-jay conservation. The minimization measure of avoiding clearing 
the lot for construction during the scrub-jay nesting season (March 1 
through June 30) cannot be implemented until construction is almost 
ready to begin. Other minimization measures involving the planting or 
retention of scrub oaks or other native vegetation cannot be 
implemented until clearing or construction is underway. Remaining 
minimization measures about providing information to subsequent buyers 
about Florida scrub-jays and the detrimental effects of free-roaming 
cats cannot be implemented until after the construction and sale of 
each new home is complete. None of the proposed activities have 
occurred, and there has been no incidental take of the covered species 
under the permits.

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.

Our Preliminary Determination

    During our deliberations on whether to issue the existing ITPs, the 
Service determined that each of the applicant's projects, including the 
mitigation measures, individually and cumulatively would have minor or 
negligible effect on the species. Since none of the covered activities 
have occurred and the covered parcels have remained undeveloped, we 
have made the preliminary determination that each of these projects 
still would be ``low effect'' and qualify for categorical exclusions 
under the under the National Environmental Policy Act (NEPA; 42 U.S.C. 
4231 et seq.).

Next Steps

    The Service will evaluate the application and the comments to 
determine whether to issue the requested renewals. 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 and permit renewal 
requirements in our regulations have been met. If met, the Service will 
issue the four ITP numbers referenced above to Peter C. Famulari.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.32) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6 and 43 CFR 46.305).

Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services 
Office.
[FR Doc. 2022-10166 Filed 5-11-22; 8:45 am]
BILLING CODE 4333-15-P