[Federal Register: August 28, 2006 (Volume 71, Number 166)]
[Notices]
[Page 50942-50943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au06-69]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application and Availability of an Environmental
Assessment for an Incidental Take Permit for Urban Development Within
the City of Palm Bay, Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The City of Palm Bay (Applicant) requests an incidental take
permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (Act). The Applicant prepared a Habitat
Conservation Plan (HCP) identifying anticipated impacts to two
federally-listed threatened species, the Florida scrub-jay (Aphelocoma
coerulescens) (scrub-jay) and the eastern indigo snake (Drymarchon
corais couperi). The Applicant also requests incidental take
authorization for the gopher tortoise (Gopherus polyphemus) in the
event this species becomes federally-listed as either threatened or
endangered during the 30-year term of the requested ITP. Take of these
species is anticipated as a result of residential, commercial,
industrial, and municipal construction projects and associated
infrastructure within the city limits of the City of Palm Bay. The
Applicant's HCP describes the mitigation and minimization measures
proposed to address the effects of urban development on the scrub-jay,
eastern indigo snake, and gopher tortoise. These measures are outlined
in the SUPPLEMENTARY INFORMATION section below.
DATES: Written comments on the ITP application, HCP, and environmental
assessment should be sent to the Service's Regional Office (see
ADDRESSES) and should be received on or before October 27, 2006.
ADDRESSES: Persons wishing to review the application, HCP, and
environmental assessment may obtain a copy by writing the Service's
Southeast Regional Office, 1875 Century Boulevard, Suite 200, Atlanta,
Georgia 30345 (Attn: Endangered Species Permits), or Jacksonville Field
Office, Fish and Wildlife Service, 6620 Southpoint Drive South, Suite
310, Jacksonville, Florida 32216-0912. Please reference permit number
TE118199-0 in such requests. Documents will also be available for
public inspection by appointment during normal business hours at the
Service's regional office or the Jacksonville field office.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Mr. Mike Jennings, Fish and Wildlife Biologist,
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above),
telephone: 904/232-2580.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
written comments by any one of several methods. Please reference permit
number TE118199-0 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 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 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 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 has resulted in habitat loss and fragmentation
that has adversely affected the distribution and numbers of scrub-jays.
The total estimated population is between 7,000 and 11,000 individuals.
The eastern indigo snake is distributed in dry pinelands of the
[[Page 50943]]
extreme southeastern United States. In peninsular Florida, eastern
indigo snakes occur in a variety of upland habitats but are most
commonly associated with vegetative communities that occur in well-
drained soils. The number and status of eastern indigo snakes in
peninsular Florida is not known because reliable survey techniques for
this species are not available. Recent population modeling efforts
suggest that eastern indigo snake populations are vulnerable to habitat
fragmentation related to urban development and greater road densities.
Gopher tortoises are widely distributed throughout the southeastern
United States where they are typically found in association with xeric
vegetative communities. Gopher tortoises require well-drained soils
with relatively deep water tables in which to excavate their burrows.
Habitat loss, degradation, and fragmentation due to urban,
agricultural, and silvicultural development have resulted in a decline
in the numbers and distribution of gopher tortoises throughout Florida.
According to the Applicant's HCP, up to 20 families of scrub-jays,
about 40 eastern indigo snakes living within 12,904 acres of potential
habitat and about 1,233 gopher tortoises residing in 10,966 acres of
potential habitat might be taken as a result of urban development. The
Applicant intends to minimize impacts to listed species by: (1)
Prohibiting land clearing during the scrub-jay nesting season if active
nests are on or near properties to be cleared, (2) requiring that scrub
vegetation be retained for landscaping or ornamental purposes within
new development, and (3) developing Web-based public education
information for the covered species. Mitigation measures proposed by
the Applicant include the collection of environmental fees as a
component of the local building permit issuance process. The Applicant
anticipates that environmental fees collected over the duration of the
requested permit period will be approximately $10.7 million dollars.
The Applicant proposes to donate environmental fees to the Scrub-jay
Conservation Fund that is administered by The Nature Conservancy (TNC).
Pursuant to an agreement between the Service and TNC, donated
environmental fees will be used for the acquisition, management, and
restoration of scrub-jay habitat. The Service will review proposed
acquisition, management and restoration of habitat funded by the City's
environmental fees to ensure that the eastern indigo snake and gopher
tortoise benefit as well.
The Service has made a preliminary determination that issuance of
the requested ITP is not a major Federal action significantly affecting
the quality of the human environment within the meaning of Section
102(2)(C) of National Environmental Policy Act (NEPA). This preliminary
information may be revised due to public comment received in response
to this notice and is based on information contained in the EA and HCP.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the ITP application meets the requirements of section
10(a) of the Act (16 U.S.C. 1531 et seq.). If the Service determines
that those requirements are met, an ITP will be issued for the
incidental take of the Florida scrub-jay, eastern indigo snake, and
provisionally for the gopher tortoise. The Service will also evaluate
whether issuance of this 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. This notice is provided pursuant to section 10 of the
Endangered Species Act and NEPA regulations (40 CFR 1506.6).
Dated: August 9, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6-14245 Filed 8-25-06; 8:45 am]
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