[Federal Register: August 1, 2006 (Volume 71, Number 147)]
[Notices]
[Page 43512-43514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au06-80]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for Incidental Take Permits for
Construction of Four Single-Family Homes in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Ivania Castro and Edward Nissan (Applicants) each request an
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Applicants
anticipate taking a total of about 0.97 acre of Florida scrub-jay
(Aphelocoma coerulescens)(scrub-jay) foraging, sheltering, and
potential nesting habitat incidental to lot preparation for the
construction of four single-family homes and supporting infrastructure
in Brevard County, Florida (Project). Each of the Applicants seek an
incidental take permit for a one-year term. The destruction of 0.97
acre
[[Page 43513]]
of foraging, sheltering, and potential nesting habitat is expected to
result in the take of two families of scrub-jays. The Applicants'
Habitat Conservation Plans (HCP) describe the mitigation and
minimization measures proposed to address the effects of the Projects
to the Florida scrub-jay. These measures are outlined in the
SUPPLEMENTARY INFORMATION section below.
DATES: Written comments on the ITP applications and HCPs should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before August 31, 2006.
ADDRESSES: Persons wishing to review the applications and HCPs may
obtain a copy by writing the Service's Southeast Regional Office,
Atlanta, Georgia. Please reference permit numbers TE111606-0 for
Castro, and TE111607-0 for Nissan, in such requests. Documents will
also be available for public inspection by appointment during normal
business hours at the Regional Office, 1875 Century Boulevard, Suite
200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or
Field Supervisor, Fish and Wildlife Service, 6620 Southpoint Drive
South, Suite 310, Jacksonville, Florida 32216-0912.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Ms. Paula Sisson, Fish and Wildlife Biologist,
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above),
telephone: 904/232-2580, ext. 126.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE111606-0, for Castro and TE111607-0, for Nissan, in such comments.
You may mail comments to the Service's Regional Office (see ADDRESSES).
You may also comment via the Internet to david_dell@fws.gov. Please
include your name and return address in your Internet message. If you
do not receive a confirmation from us that we have received your
Internet message, contact us directly at either telephone number listed
below (see FOR FURTHER INFORMATION CONTACT). Finally, you may hand
deliver comments to either Service office listed below (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 address
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 (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 (predominately in oak-dominated scrub).
Increasing urban and agricultural development have 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.
Residential construction for Ivania Castro will take place within
Section 21, Township 29 South, Range 37 East, Palm Bay, Brevard County,
Florida on lots 14, 15, and 16, Block 941. Residential construction for
Edward Nissan will take place within Section 16, Township 29 South,
Range 37 East, Palm Bay, Brevard County, Florida, lot 15, Block 777.
The lots are within 438 feet of locations where scrub-jays were sighted
during surveys for this species from 1999 to 2002. Scrub-jays using the
subject residential lots and adjacent properties are part of a larger
complex of scrub-jays located in a matrix of urban and natural settings
in areas of southern Brevard and northern Indian River counties. Within
the City of Palm Bay, 20 families of scrub-jays persist in habitat
fragmented by residential development. 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
within the City of Palm Bay are unlikely to persist, 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 Applicants' infrastructure and facilities will
result in harm to scrub-jays, incidental to the carrying out of these
otherwise lawful activities. The 0.97 acre of habitat alteration
associated with the proposed residential construction projects will
reduce the availability of foraging and sheltering habitat for two
families of scrub-jays. On-site minimization measures are not
practicable as the footprint of the four homes, infrastructure and
landscaping will utilize all the available land area. However, both
Applicants have agreed to avoid land clearing during the nesting season
if any active nests are found on-site, but no other on-site
minimization measures are proposed to reduce take of scrub-jays.
The Applicants propose to mitigate for the loss of 0.97 acre of
scrub-jay habitat by contributing a total of $13,648 to the Florida
Scrub-jay Conservation Fund administered by The Nature Conservancy.
Funds in this account are ear-marked for use in the conservation and
recovery of scrub-jays and may include habitat acquisition,
restoration, and/or management. The $13,648 is sufficient to acquire
and perpetually manage 0.97 acre of suitable occupied scrub-jay habitat
based on a replacement ratio of two mitigation acres per one impact
acre. The cost is based on previous acquisitions of mitigation lands in
southern Brevard County at an average $5,700 per acre, plus a $1,000
per acre management endowment necessary to ensure future management of
acquired scrub-jay habitat.
We have determined that the Applicants' proposals, 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). This preliminary
information may be revised based on our review of public comments that
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.
We will evaluate the HCPs and comments submitted thereon to
determine whether the application meets the requirements of section
10(a) of the Act (16 U.S.C. 1531 et seq.). If we determine that those
requirements are
[[Page 43514]]
met, the ITPs will be issued for incidental take of the Florida scrub-
jay. We will also evaluate whether issuance of the section 10(a)(1)(B)
ITPs comply 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 ITPs. This notice is provided
pursuant to section 10 of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6).
Dated: July 3, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6-12309 Filed 7-31-06; 8:45 am]
BILLING CODE 4310-55-P