[Federal Register: July 25, 2005 (Volume 70, Number 141)]
[Notices]
[Page 42584-42585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy05-58]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Florida Scrub-jay Resulting From Construction of a Single-Family
Residence in Sarasota County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Results Home Buyer Inc. (Applicant) requests an incidental
take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The
Applicant anticipates removal of about 0.18 acre of Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and
possibly nesting habitat, incidental to lot preparation for the
construction of a single-family residence and supporting infrastructure
in Venice, Sarasota County, Florida (project). The take of one family
of scrub-jays, consisting of up to four individuals, could occur as a
result of the Applicant's proposed activities.
The Applicant's Habitat Conservation Plan (HCP) describes the
mitigation and minimization measures proposed to address the effects of
the project to the scrub-jay. These measures are outlined in the
SUPPLEMENTARY INFORMATION section below. The Service has determined
that the Applicant's proposal, including the proposed mitigation and
minimization measures, will individually and cumulatively have a minor
or negligible effect on the species covered in the HCP. Therefore, the
ITP is a ``low-effect'' project and qualifies as a categorical
exclusion under the National Environmental Policy Act (NEPA), as
provided by the Department of Interior Manual (516 DM 2, Appendix 1 and
516 DM 6, Appendix 1). The Service announces the availability of the
ITP application, HCP, and Screening Form for Low-Effect HCP
Determinations for this incidental take application. Copies of the ITP
application, HCP, and Screening Form may be obtained by making a
request to the Regional Office (see ADDRESSES). Requests must be in
writing to be processed. This notice is provided pursuant to section 10
of the Act and NEPA regulations (40 CFR 1506.6).
DATES: Written comments on the ITP application, accompanying HCP, and
Screening Form should be sent to the Service's Regional Office (see
ADDRESSES) and should be received on or before August 24, 2005.
ADDRESSES: Persons wishing to review the application, HCP, and
Screening Form may obtain a copy by writing the Service's Southeast
Regional Office at the address below. Please reference permit number
TE098966-0 in such requests. Documents will also be available for
public inspection by appointment during normal business hours at the
Southeast Regional Office, U.S. Fish and Wildlife Service, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species
Permits), or the South Florida Ecological Services Office, U.S. Fish
and Wildlife Service, 1339 20th Street, Vero Beach, Florida, 32960-3559
(Attn: Field Supervisor).
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, Southeast Regional Office (see ADDRESSES above),
telephone: 404-679-7313, facsimile: 404-679-7081; or Mr. George Dennis,
Fish and Wildlife Ecologist, South Florida Ecological Services Office
(see ADDRESSES above), telephone: 772-562-3909, ext. 309.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE098966-0 in such comments. You may mail comments to the Service's
Southeast Regional Office (see ADDRESSES). You may also comment via the
internet to david_dell@fws.gov. Please submit comments over the
internet as an ASCII file, avoiding the use of special characters and
any form of encryption. Please also include your
[[Page 42585]]
name and return address in your e-mail message. If you do not receive a
confirmation from us that we have received your e-mail message, contact
us directly at either telephone number listed above (see FOR FURTHER
INFORMATION CONTACT). Finally, you may hand-deliver comments to either
Service office listed above (see ADDRESSES). 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 addresses from the
administrative record. We will honor such requests to the extent
allowable by law. There may also be other circumstances in which we
would withhold from the administrative record a respondent's identity,
as allowable by law. If you wish us to withhold your name and address,
you must state this prominently at the beginning of your comments. We
will not, however, consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
The Florida scrub-jay is geographically isolated from other species
of scrub-jays found in Mexico and the western United States. The scrub-
jay is found exclusively in peninsular Florida and is restricted to
xeric uplands (well-drained, sandy soil habitats supporting a growth of
oak-dominated scrub). Increasing urban and agricultural development has
resulted in habitat loss and fragmentation, which has adversely
affected the distribution and numbers of scrub-jays. The total
estimated population is between 7,000 and 11,000 individuals.
The decline in the number and distribution of scrub-jays in west-
central Florida has been exacerbated by tremendous urban growth in the
past 50 years. Historical commercial and residential development has
occurred on the dry soils which previously supported scrub-jay habitat.
Based on existing soils data, much of the historic and current scrub-
jay habitat of coastal west-central Florida occurs proximal to the
current shoreline and larger river basins. Much of this area of Florida
was settled early because few wetlands restricted urban and
agricultural development. Due to the effects of urban and agricultural
development over the past 100 years, much of the remaining scrub-jay
habitat is now relatively small and isolated. What remains is largely
degraded, due to interruption of the natural fire regime that is needed
to maintain xeric uplands in conditions suitable for scrub-jays.
A 2004 survey reported that the project area was being utilized by
a family of scrub-jays. The scrub-jays using the site and adjacent
properties are part of a larger complex of scrub-jays located in a
matrix of urban and natural settings in southern Sarasota County.
Scrub-jays in urban areas are particularly vulnerable and typically do
not successfully produce young that survive to adulthood. Persistent
urban growth in this area will likely result in further reductions in
the amount of suitable habitat for scrub-jays. Increasing urban
pressures are also likely to result in the continued degradation of
scrub-jay habitat as fire exclusion slowly results in vegetative
overgrowth. Thus, over the long term, scrub-jays are unlikely to
persist in urban settings, and conservation efforts for this species
should target acquisition and management of large parcels of land
outside the direct influence of urbanization.
Construction of the project's infrastructure and facilities will
result in harm to scrub-jays, incidental to the carrying out of these
otherwise lawful activities. Habitat alteration associated with the
proposed residential construction will reduce the availability of
foraging, sheltering, and possible nesting habitat for one family of
scrub-jays. The Applicant proposes to conduct clearing activities
outside of the nesting season. The Applicant proposes to replace any
scrub oaks and wax myrtles that might be removed during land clearing.
Wherever possible, native vegetation will be used in landscaping.
The Applicant proposes to mitigate the take of scrub-jays through
contribution of $15,300 to the Sarasota County Scrub-jay Mitigation
Plan Fund administered by Sarasota County. Funds in this account are
earmarked for use in the conservation and recovery of scrub-jays and
may include habitat acquisition, restoration, and management. The
$15,300 is maximum extent of mitigation practicable for the Applicant.
The Service has determined that the HCP is a low-effect plan that
is categorically excluded from further NEPA analysis, and does not
require the preparation of an EA or EIS. This preliminary information
may be revised based on our review of any public comment we receive in
response to this notice. Low-effect HCPs are those 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. The Applicant's HCP qualifies for
the following reasons:
1. Approval of the HCP would result in minor or negligible effects
on the Florida scrub-jay population as a whole. The Service does not
anticipate significant direct or cumulative effects to the Florida
scrub-jay population as a result of the project.
2. Approval of the HCP would not have adverse effects on known
unique geographic, historic, or cultural sites, or involve unique or
unknown environmental risks.
3. Approval of the HCP would not result in any significant adverse
effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local, or tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Plan would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service has determined that approval of the Plan qualifies as a
categorical exclusion under NEPA, as provided by the Department of the
Interior Manual (516 DM 2, Appendix 1, and 516 DM 6, Appendix 1).
Therefore, no further NEPA documentation will be prepared.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meets the requirements of section
10(a) of the Act. If it is determined that those requirements are met,
the ITP will be issued for incidental take of the Florida scrub-jay.
The Service 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. The results of this consultation,
in combination with the above findings, will be used in the final
analysis to determine whether or not to issue the ITP.
Dated: July 10, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-14579 Filed 7-22-05; 8:45 am]
BILLING CODE 4310-55-P