[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52549-52550]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au10-85]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2010-N166; 40120-1112-0000-F2]
Environmental Impact Statement; Alabama Beach Mouse Draft General
Conservation Plan; Fort Morgan Peninsula, Baldwin County, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public meetings.
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SUMMARY: Under the National Environmental Policy Act (NEPA), we, the
Fish and Wildlife Service (Service), advise the public that we intend
to gather information necessary to prepare an environmental impact
statement (EIS) on the draft Alabama Beach Mouse General Conservation
Plan (ABM GCP) Project. We are preparing the ABM GCP under the
Endangered Species Act of 1973, as amended (Act). We provide this
notice to (1) Describe the proposed action and possible alternatives;
(2) advise other Federal and State agencies, affected Tribes, and the
public of our intent to prepare an EIS; (3) announce the initiation of
a public scoping period; and (4) obtain suggestions and information on
the scope of issues to be included in the EIS.
DATES: Comments: We must receive any written comments at our Field
Office (see ADDRESSES) on or before September 27, 2010.
Public Meetings: Two public scoping meetings will be held on
September 29, 2010: The first from 2 p.m. to 4 p.m., and the second
from 6 p.m. to 8 p.m.
ADDRESSES: Public Meetings: Gulf Shores Adult Activities Center, 260
Club House Drive, Gulf Shores, AL 36542.
Document Availability: Documents will be available for public
inspection by appointment during normal business hours at the Fish and
Wildlife Service Field Office, 1208-B Main Street, Daphne, AL 36526.
Comments: For how and where to submit comments, see Public Comments
below.
FOR FURTHER INFORMATION CONTACT: Mr. Darren LeBlanc, Project Manager,
at the Alabama Field Office (see ADDRESSES), telephone: 251/441-5868.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), we announce that we intend to gather
information necessary to prepare an EIS on the draft ABM GCP Project
under the Act (16 U.S.C. 1531 et seq.).
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of wildlife species listed as endangered or threatened (16 U.S.C.
1538). The Act defines the term ``take'' as to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect listed species, or
to attempt to engage in such conduct (16 U.S.C. 1532). Harm includes
significant habitat modification or degradation that actually kills or
injures listed wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)].
Under section 10(a)(1)(B) of the Act, the Service may issue permits to
authorize ``incidental take'' of listed species. ``Incidental Take'' is
defined by the Act as take that is incidental to, and not the purpose
of, carrying out an otherwise lawful activity. Regulations governing
permits for threatened species and endangered species, respectively,
are in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 50 CFR
17.22. All species included on an incidental take permit would receive
assurances under the Service's ``No Surprises'' regulations [50 CFR
17.22(b)(5) and 17.32(b)(5)].
Proposed ABM GCP
Species we propose for coverage in the ABM GCP are species that are
currently listed as federally threatened or endangered and have some
likelihood to occur within the project area. Three protected species
covered by the ABM GCP are known to occur within the area. Currently
the following listed animal species are included in the plan: Alabama
beach mouse (ABM) (Peromyscus polionotus ammobates), Loggerhead sea
turtle (Caretta caretta), and Kemp's ridley sea turtle (Lepidochelys
kempii).
The proposed ABM GCP utilizes a conservation strategy that would
provide for preservation of a large portion of the developable habitat
for the ABM while still allowing economic growth to occur in the area.
The ABM GCP coverage area extends along the Gulf of Mexico for about 17
miles, encompassing approximately 2,400 acres of open beach and
associated nearshore coastal dune environments on the Fort Morgan
Peninsula, Baldwin County, AL. The coverage area begins at Little
Lagoon Pass, on State Hwy 182 in Gulf Shores, and extends westward to
the tip of the Fort Morgan State Historic site at the western terminus
of the Fort Morgan Peninsula. The area is defined biologically as that
area where an ABM population and/or subpopulations (i.e.,
metapopulations) could be affected by the proposed actions. The
coverage area is based on what the Service currently knows about ABM
movement and dispersal, locations of separate yet connected
populations, and where future development could occur within these
areas. It is important that suitable habitat be maintained within these
areas so that barriers to dispersal do not develop, to allow for
expansion of subpopulations, and for maintaining or increasing genetic
diversity.
The ABM GCP would result in take authorization for otherwise lawful
actions, such as private development that may incidentally take or harm
animal species or their habitats within the ABM GCP area, in exchange
for the assembly and management of a coordinated ABM GCP area.
Specifically, these activities would include residential development
and infrastructure improvement, as well as response activities related
to impacts from tropical weather systems. The ABM GCP would develop a
program of take avoidance, minimization, and mitigation, with an
emphasis on preservation of remaining natural lands that will support
viable populations and the continued existence of federally listed
threatened or endangered species, including an in-lieu-fee proposal.
The ABM GCP creates a framework for complying with federally listed
threatened or endangered species regulations for specified species
while accommodating future growth in the ABM GCP area. The framework
established by the ABM GCP in-lieu-fee plan will allow for the purchase
of select parcels of high-priority habitat, preserve movement corridors
within viable habitat, conduct post-storm habitat restoration on public
lands and assist the public with the same on private property, and
assist in the conservation of species through research.
If the ABM GCP is established, property owners who wish to develop
low-density residences on the Fort Morgan peninsula in Alabama, and who
meet the qualifying conditions of the ABM GCP, may apply for a 50-year
Incidental Take Permit (ITP) from the Service. The ITP is needed to
authorize the incidental take of threatened and endangered species that
would occur as a result of private residential development.
[[Page 52550]]
Environmental Impact Statement
The EIS will consider three alternatives: The proposed action
(establishment of the GCP), no action (no project/no section 10
permit), and continuing to process HCPs in yearly batches of
applications, as we do currently. A detailed description of the
proposed action and alternatives in the ABM GCP will be included in the
EIS. The EIS will also identify potentially significant impacts on
biological resources, land use, air quality, water quality, water
resources, economics, and other environmental resource issues that
could occur directly or indirectly with implementation of the proposed
action and alternatives. Different strategies for avoiding, minimizing,
and mitigating the impacts of incidental take may also be considered.
The primary purpose of the scoping process is to identify important
issues raised by the public related to the proposed action.
Public Comments
Outside of the public hearings, we will accept comments in written
form only. To ensure that we identify the full range of issues related
to the permit application, we invite written comments from interested
parties. Please reference the ABM GCP in such comments.
If you wish to comment, you may submit comments by any one of the
following methods:
U.S. mail: Alabama Field Office (see ADDRESSES).
E-mail: darren_leblanc@fws.gov. Please include your name and
return mailing address in your e-mail message. If you do not receive a
confirmation from us that we have received your email, contact us
directly at either telephone number listed (see FOR FURTHER INFORMATION
CONTACT).
Hand delivery: Hand-deliver comments to either of our offices
listed under ADDRESSES.
Availability of Public Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, 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.
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meeting should contact Denise Rowell at 251/
441-5181 as soon as possible. In order to allow sufficient time to
process requests, please call no later than 1 week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Authority: We provide this notice under section 10 of the Act
(16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: August 2, 2010.
Mark J. Musaus,
Acting Regional Director, Southeast Region.
[FR Doc. 2010-21268 Filed 8-25-10; 8:45 am]
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