[Federal Register: March 17, 2003 (Volume 68, Number 51)]
[Notices]
[Page 12711-12712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr03-87]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Draft Environmental Assessment/
Habitat Conservation Plan Related to Application for an Incidental Take
Permit for the Long Point Homeowner's Association Development
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public and other agencies of the
availability of a draft Environmental Assessment (EA)/Habitat
Conservation Plan (HCP) and Incidental Take Permit (ITP) application
for review and comment. The draft EA/HCP and ITP application were
submitted to the U.S. Fish and Wildlife Service (Service) by the Long
Point Homeowner's Association proposing residential development of the
Long Point Subdivision on Kelleys Island, Erie County, Ohio. Federally-
threatened Lake Erie water snakes (Nerodia sipedon insularum) occupy
the project area and it has been determined that the proposed actions
will result in incidental take. The Long Point Homeowner's Association
submitted an ITP application to the Service for incidental take
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973
(Act), as amended. The submission of the ITP application required the
development of an HCP by the applicants detailing measures to be taken
to avoid, minimize, and mitigate impacts to Lake Erie water snakes.
DATES: Written comments must be received on or before May 16, 2003.
ADDRESSES: Written comments can be mailed to the address or fax number
below. Electronic mail comments should be submitted to:
longpointhcp@fws.gov. Persons wishing to review the documents may
obtain copies by writing, telephoning, faxing, or e-mailing: Regional
HCP Coordinator, U.S. Fish and Wildlife Services, 1 Federal Drive, Fort
Snelling, MN 55111-4056, Telephone: (612) 713-5343, Fax: (612) 713-
5292. The draft EA/HCP is also available at the following internet
address: http://midwest.fws.gov/nepa/. Copies of the draft EA/HCP may
also be viewed at four public libraries listed in SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Fasbender, Regional HCP
Coordinator, Telephone: (612) 713-5343, or e-mail peter_
fasbender@fws.gov
SUPPLEMENTARY INFORMATION:
Public Involvement
The draft EA/HCP is available for public review and comment for a
period of 60 days. This notice is provided pursuant to section 10(a) of
the Endangered Species Act and National Environmental Policy Act (NEPA)
regulations (40 CFR 1506.6). Copies of the documents can be obtained as
indicated in the ADDRESSES section. In addition, documents will be
available for public inspection during normal business hours (8-4:30),
at the U.S. Fish and Wildlife Service, 1 Federal Drive, Fort Snelling,
Minnesota, and at the Reynoldsburg Ecological Services Field Office,
6950 Americana Parkway, Suite H, Reynoldsburg, Ohio and at the
following libraries:
Port Clinton Public Library, 310 Madison St., Port Clinton, Ohio 43452
Sandusky Library, 114 W. Adams St., Sandusky, Ohio 44870
Sandusky Library, 528 Division St., Kelleys Island, Ohio 43438
Oak Harbor Public Library, 147 W. Main St., Oak Harbor, Ohio 43449
All comments received from individuals become part of the official
public record. Requests for such comments will be handled in accordance
with the Freedom of Information Act and the Council on Environmental
Quality's NEPA regulations [40 CFR 1506.6(f)]. Our practice is to make
comments, including names and home addresses of respondents, available
for public review during regular business hours. Individual respondents
may request that we withhold their home address from the record, which
we will honor to the extent allowable by law. If a respondent wishes us
to withhold his/her name and/or address, this must be stated
prominently at the beginning of the comment.
Incidental Take Permits
Section 9 of the Endangered Species Act (Act) and Federal
regulations prohibit ``take'' of fish or wildlife species listed as
endangered or threatened. Take of listed fish or wildlife is defined
under the Act to mean harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, collect, or to attempt to engage in any such conduct (16
U.S.C. 1538). Harm may include significant habitat modification where
it actually kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, and
sheltering [50 CFR 17.3(c)]. The Service may under limited
circumstances issue permits to take listed species, provided such take
is incidental to, and not the purpose of, an otherwise lawful activity.
Regulations governing permits for endangered species are found in 50
CFR 17.22.
Background on Habitat Conservation Plan
The Long Point Homeowner's Association proposes to develop the 15-
acre Long Point Subdivision on Kelleys Island, Erie County, Ohio. The
Lake Erie water snake and its habitat occur on the 15-acre tract.
Within the HCP boundary, 7 acres will be cleared and 6.1 acres
permanently maintained for the proposed development of the seven
residential lots known as the Long Point Subdivision. Incidental take
of Lake Erie water snakes is expected to occur due to the loss and
degradation of sheltering and hibernation habitat and due to the
increase in human activity in the project area. Loss of suitable
habitat would
[[Page 12712]]
potentially result in a reduction in overwinter survival due to the
loss of hibernacula and increased predation due to the loss of
vegetation for shelter. More human activity on the 15-acre property
would increase the likelihood of human disturbance and disruption of
snakes, vehicular strikes of snakes, harassment and/or predation of
snakes by pets, and mortality of snakes caused by mowing.
The purpose of the HCP is to ensure incidental take will be
minimized and mitigated to the maximum extent practicable and will not
appreciably reduce the likelihood of the survival and recovery of this
species in the wild. The Long Point Homeowner's Association designed
the HCP in consultation with the Service to ensure the project area
will continue to support suitable habitat for the species, while
allowing for incidental take of Lake Erie water snakes from the
proposed activities. Measures in the HCP designed to avoid, minimize,
and mitigate the impacts of the proposed action on Lake Erie water
snakes include: (1) Seasonal and temperature restrictions on ground
disturbing activities including construction and mowing; (2)
establishment of a shoreline buffer area to conserve habitat; (3)
restrictions on pesticide and fertilizer use; (4) construction of
artificial hibernacula; (5) restrictions on size and placement of
structures including residences, garages, decks, driveways, and septic
systems; and (6) monitoring the Lake Erie water snake population
response to the proposed construction and mitigation for 15 years.
Background on Environmental Assessment
The Proposed Action consists of issuing an ITP and implementation
of the HCP. The draft EA considers three action alternatives and the
``No Action'' alternative. The NEPA process will be completed after the
comment period, at which time the Service will evaluate the permit
application (if appropriate to the selected alternative), the HCP, and
comments submitted thereon to determine whether the application meets
the requirements of section 10(a) of the Act. If the requirements are
met, the Service will issue a permit to the Long Point Homeowner's
Association for the incidental take of Lake Erie water snakes
associated with the proposed activities on Kelleys Island, Erie County,
Ohio. The final permit decision will be made no sooner than 60 days
from the date of this notice.
The area encompassed by the HCP may contain facilities eligible to
be listed on the National Register of Historic Places and other
historical or archeological resources may be present. The National
Historic Preservation Act and other laws require these properties and
resources be identified and considered in project planning. The public
is requested to inform the Service of concerns about archeological
sites, buildings and structures, historic events, sacred and
traditional areas, and other historic preservation concerns.
Authority: 16 U.S.C. 1531, et seq.; 42 U.S.C. 4321-4347.
Dated: February 26, 2003.
Lynn M. Lewis,
Acting Assistant Regional Director, Ecological Services, Region 3, Fort
Snelling, Minnesota.
[FR Doc. 03-6239 Filed 3-14-03; 8:45 am]
BILLING CODE 4310-55-P