Receipt of an Application for an Incidental Take Permit for Construction of a Single-Family Home in the City of Palm Bay, Brevard County, FL, 22059-22061 [05-8501]
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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices
ACTION:
Notice of availability.
The U.S. Fish and Wildlife
Service announces that the Draft
Comprehensive Conservation Plan
(CCP) and Environmental Impact
Statement (EIS) is available for Upper
Mississippi River National Wildlife and
Fish Refuge.
The CCP was prepared pursuant to
the National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997, and the
National Environmental Policy Act of
1969. Goals and objectives in the CCP
describe how the agency intends to
manage the refuge over the next 15
years.
DATES: Comments on the Draft CCP/EIS
must be received on or before August
31, 2005.
ADDRESSES: Copies of the Draft CCP are
available on compact disk or hard copy.
You may access and download a copy
via the planning Web site: (https://
www.fws.gov/midwest/planning/
uppermiss/) or you may
obtain a copy by writing to the
following address: U.S. Fish and
Wildlife Service, Division of
Conservation Planning, Bishop Henry
Whipple Federal Building, 1 Federal
Drive, Fort Snelling, Minnesota 55111.
All comments should be addressed to
Upper Mississippi National Wildlife
and Fish Refuge, Attention: CCP
Comment, 51 East 4th Street, Room 101,
Winona, Minnesota 55987, or direct email to r3planning@fws.gov. Comments
may also be submitted through the
Service’s regional Web site at: https://
www.fws.gov/midwest/planning/.
FOR FURTHER INFORMATION CONTACT: Don
Hultman at (507) 452–4232.
SUPPLEMENTARY INFORMATION: The Upper
Mississippi River National Wildlife and
Fish Refuge encompasses 240,000 acres
along 261 miles of Mississippi River
floodplain in Minnesota, Wisconsin,
Iowa, and Illinois. The Refuge was
established by Congress in 1924 to
provide a refuge and breeding ground
for migratory birds, fish, other wildlife,
and plants. The Refuge is perhaps the
most important corridor of habitat in the
central United States due to its species
diversity and abundance, and it is the
most visited refuge in the United States
with 3.7 million annual visitors.
The focus of the CCP over the next 15
years will be on safeguarding existing
habitat; enhancing floodplain habitat in
partnership with the U.S. Army Corps of
Engineers and the states; increasing the
abundance of fish and wildlife;
improving wildlife-dependent
recreation opportunities such as
SUMMARY:
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16:00 Apr 27, 2005
Jkt 205001
hunting, fishing, and wildlife
observation; ensuring that traditional
non-wildlife-dependent recreation
remains compatible with the mission of
the refuge system and the purposes of
the refuge; and improving staffing and
infrastructure capability.
The EIS evaluates four alternatives:
(1) No action or current direction; (2)
wildlife focus; (3) public use focus; and
(4) wildlife and integrated public use
focus (preferred). The alternatives differ
mainly in the level of effort and
resources given to fish and wildlife and
habitat management and public use
opportunities and programs. Under the
preferred alternative all current
recreational uses would continue,
although the location, season of use, and
means of use could change.
The National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee et seq) requires the
Service to develop a CCP for each
National Wildlife Refuge. The purpose
in developing a CCP is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction for conserving wildlife and
their habitats, the CCP identifies
wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation. We will
review and update these CCPs at least
every 15 years in accordance with the
National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997, and the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370d).
Dated: March 7, 2005.
Charles M. Wooley,
Acting Regional Director, U.S. Fish and
Wildlife Service, Ft. Snelling, Minnesota.
[FR Doc. 05–8498 Filed 4–27–05; 8:45 am]
BILLING CODE 4310–55–P
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22059
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an
Incidental Take Permit for
Construction of a Single-Family Home
in the City of Palm Bay, Brevard
County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Dorothy V. Jacobs and Paul A.
Jacobs (Applicants) request 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 Applicants
anticipate taking about 0.23 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 home
and supporting infrastructure in the City
of Palm Bay, Brevard County, Florida
(Project). The destruction of 0.23 acre of
foraging, sheltering, and possibly
nesting habitat is expected to result in
the take of one family of scrub-jays.
The Applicants’ Habitat Conservation
Plan (HCP) describes the mitigation and
minimization measures proposed to
address the effects of the Project to the
Florida scrub-jay. These measures are
outlined in the SUPPLEMENTARY
INFORMATION section below. We have
determined that the Applicants’
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
would qualify as a categorical exclusion
under the National Environmental
Policy Act (NEPA), as provided by the
Department of Interior Manual (516
DM2, Appendix 1 and 516 DM 6,
Appendix 1). We announce the
availability of the HCP for the incidental
take application. Copies of the HCP 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
Endangered Species Act and NEPA
regulations (40 CFR 1506.6).
DATES: Written comments on the ITP
application and HCP should be sent to
the Service’s Regional Office (see
ADDRESSES) and should be received on
or before May 31, 2005.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
E:\FR\FM\28APN1.SGM
28APN1
22060
Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices
Regional Office, Atlanta, Georgia. Please
reference permit number TE089995–0 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,
U.S. Fish and Wildlife Service, 6620
Southpoint Drive South, Suite 310,
Jacksonville, Florida 32216.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Mr. Michael Jennings, Fish and Wildlife
Biologist, Jacksonville Field Office,
Jacksonville, Florida (see ADDRESSES
above), telephone: 904/232–2580, ext.
113.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE089995–0 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 submit comments over the
Internet as an ASCII file avoiding the
use of special characters and any form
of encryption. Please also 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
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16:00 Apr 27, 2005
Jkt 205001
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 oakdominated 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.
The decline in the number and
distribution of scrub-jays in east-central
Florida has been exacerbated by
tremendous urban growth in the past 50
years. Much of the historic 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 east-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
the exclusion of fire which is needed to
maintain xeric uplands in conditions
suitable for scrub-jays.
The Applicants’ residential
construction will take place within
section 5, Township 29 South, Range 37
East, Palm Bay, Brevard County, Florida
on Lot 31, Block 316, Port Malabar Unit
9. Lot 31 is within 438 feet of locations
where scrub-jays were sighted during
2001–2002 surveys for this species.
Scrub-jays using the subject residential
lot and adjacent properties are part of a
larger complex of scrub-jays located in
a matrix of urban and natural settings in
areas of 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
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Fmt 4703
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parcels of land outside the direct
influence of urbanization.
The subject residential parcel lies
within a ‘‘high density’’ urban setting,
and the corresponding territory size of
the resident scrub-jays has been
estimated to range from 5.2 to 10.8 acres
based on average territory sizes of scrubjay in other urban areas. Data collected
from 12 scrub-jay families within the
city limits of Palm Bay during the 2000
and 2001 nesting seasons provided
information about survival and
reproductive success of scrub-jays, but
did not attempt to estimate territory
sizes. This information indicated that
territory boundaries tended to shift from
year to year, making calculations of
territory size difficult. Similarly, point
data do not reliably indicate occupied
habitat over time since birds in urban
settings tend to move within and
between years. Thus, using known
territory boundaries and point data to
delineate occupied habitat likely
underestimates areas occupied by scrubjays.
To assess whether the Applicants’
parcel was within occupied scrub-jay
habitat, we calculated the maximum
average ‘‘shift’’ in territories locations
between 2000 and 2001. Based on these
estimates, we calculated a maximum
average shift of 438 feet between years.
We subsequently used the 438 feet as a
buffer to surround known territory
boundaries and point locations for
scrub-jays. We reasoned that 438 feet
represented a biologically-based buffer,
within which scrub-jays were likely to
occur. Application of the 438-foot buffer
to known territories and point locations
provides a quantitative method to
delineate occupied scrub-jay habitat in
highly urbanized areas within the city
limits of Palm Bay.
The Applicants’ residential lot falls
within the 438-foot buffer established
for known scrub-jay territories and/or
point data. Although the Applicants’
property lacks substantial woody
vegetation typically required for scrubjay nesting and sheltering habitat, it
does provide suitable foraging habitat.
Accordingly, loss of this habitat due to
residential construction will result in
the destruction of scrub-jay foraging
habitat.
The Applicants propose to conduct
construction activities outside of the
nesting season. Other on-site
minimization measures are not
practicable as the footprint of the home,
infrastructure and landscaping on the
0.23-acre lot will utilize all the available
land area. On-site minimization may not
be a biologically viable alternative due
to increasing negative demographic
effects caused by urbanization.
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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices
The Applicants propose to mitigate
for the loss of 0.23 acre of scrub-jay
habitat by contributing $3,082 to the
Florida Scrub-jay Conservation Fund
administered by the National Fish and
Wildlife Foundation. 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
$3,082 is sufficient to acquire and
perpetually manage 0.46 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 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 due to
public comment received 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
Applicants’ 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.
We do not anticipate significant direct
or cumulative effects to the Florida
scrub-jay population as a result of the
construction 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 action or
represent a decision in principle about
future actions with potentially
significant environmental effects.
We have determined that approval of
the Plan qualifies as a categorical
exclusion under the NEPA, as provided
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16:00 Apr 27, 2005
Jkt 205001
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.
We 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 the incidental take of the
Florida scrub-jay. We will also evaluate
whether issuance of the section
10(a)(1)(B) ITP complies with section 7
of the Act by conducting an intraService 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: April 7, 2005.
Jacquelyn B. Parrish,
Acting Regional Director, Southeast Region.
[FR Doc. 05–8501 Filed 4–27–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR–110–5882–PO–MD75; HAG05–0107]
Notice of Meetings
Medford District, Bureau of
Land Management, DOI.
ACTION: Notice of meetings.
AGENCY:
SUMMARY: The Medford District
Resource Advisory Committee will meet
in Medford to gain a common
understanding of the process related to
Pub. L. 106–393, tour project sites, and
discuss proposed fiscal year 2006
projects. Agenda topics include
background and history of the Secure
Rural Schools and Community SelfDetermination Act, election of a
Chairperson and Vice Chairperson, and
development of a common vision; onsite inspections of 2005 projects and
proposed 2006 projects; and
presentations and discussions regarding
proposed 2006 Title II projects.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates.
ADDRESSES: The field trips will start
from, and the meetings will be held at,
the Medford District Office, located at
3040 Biddle Road, Medford, Oregon.
FOR FURTHER INFORMATION CONTACT:
Karen Gillespie, Medford District Office
(541–618–2424).
SUPPLEMENTARY INFORMATION:
The field trip dates are:
1. July 14, 2005, 8:30 a.m. to 4 p.m.
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22061
2. July 28, 2005, 8:30 a.m. to 4 p.m.
The meeting dates are:
1. June 9, 2005, 8:30 a.m. to 2:30 p.m.
2. August 11, 2005, 8:30 a.m. to 4 p.m.
3. August 18, 2005, 8:30 a.m. to 4 p.m.
A public comment period will be held
from 2 p.m. to 2:15 p.m. on June 9,
2005, and from 2 p.m. to 2:30 p.m. on
August 11, 2005 and August 18, 2005.
(Authority: 43 CFR subpart 1784/
Advisory Committees)
Mary L. Smelcer,
Acting District Manager, Medford.
[FR Doc. 05–8503 Filed 4–27–05; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF JUSTICE
Civil Division
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
60-Day notice of information
collection under review: Claim for
Damage, Injury, or Death
ACTION:
The Department of Justice (DOJ), Civil
Division, has submitted the following
information collection request to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for
‘‘sixty days’’ until June 27, 2005. This
process is conducted in accordance with
5 CFR 1320.10.
If you have comments especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Director, Torts Branch,
Civil Division, U.S. Department of
Justice, Washington, DC 20530.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
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]]>Agencies
[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Notices]
[Pages 22059-22061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8501]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for
Construction of a Single-Family Home in the City of Palm Bay, Brevard
County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Dorothy V. Jacobs and Paul A. Jacobs (Applicants) request 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 Applicants anticipate taking about 0.23 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 home and supporting infrastructure in
the City of Palm Bay, Brevard County, Florida (Project). The
destruction of 0.23 acre of foraging, sheltering, and possibly nesting
habitat is expected to result in the take of one family of scrub-jays.
The Applicants' Habitat Conservation Plan (HCP) describes the
mitigation and minimization measures proposed to address the effects of
the Project to the Florida scrub-jay. These measures are outlined in
the SUPPLEMENTARY INFORMATION section below. We have determined that
the Applicants' 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 would qualify as a categorical
exclusion under the National Environmental Policy Act (NEPA), as
provided by the Department of Interior Manual (516 DM2, Appendix 1 and
516 DM 6, Appendix 1). We announce the availability of the HCP for the
incidental take application. Copies of the HCP 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 Endangered Species Act and NEPA regulations (40 CFR
1506.6).
DATES: Written comments on the ITP application and HCP should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before May 31, 2005.
ADDRESSES: Persons wishing to review the application and HCP may obtain
a copy by writing the Service's Southeast
[[Page 22060]]
Regional Office, Atlanta, Georgia. Please reference permit number
TE089995-0 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, U.S.
Fish and Wildlife Service, 6620 Southpoint Drive South, Suite 310,
Jacksonville, Florida 32216.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Mr. Michael Jennings, Fish and Wildlife Biologist,
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above),
telephone: 904/232-2580, ext. 113.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE089995-0 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 submit comments over the Internet as an
ASCII file avoiding the use of special characters and any form of
encryption. Please also 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.
The decline in the number and distribution of scrub-jays in east-
central Florida has been exacerbated by tremendous urban growth in the
past 50 years. Much of the historic 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 east-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 the exclusion of fire which is needed to
maintain xeric uplands in conditions suitable for scrub-jays.
The Applicants' residential construction will take place within
section 5, Township 29 South, Range 37 East, Palm Bay, Brevard County,
Florida on Lot 31, Block 316, Port Malabar Unit 9. Lot 31 is within 438
feet of locations where scrub-jays were sighted during 2001-2002
surveys for this species. Scrub-jays using the subject residential lot
and adjacent properties are part of a larger complex of scrub-jays
located in a matrix of urban and natural settings in areas of 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.
The subject residential parcel lies within a ``high density'' urban
setting, and the corresponding territory size of the resident scrub-
jays has been estimated to range from 5.2 to 10.8 acres based on
average territory sizes of scrub-jay in other urban areas. Data
collected from 12 scrub-jay families within the city limits of Palm Bay
during the 2000 and 2001 nesting seasons provided information about
survival and reproductive success of scrub-jays, but did not attempt to
estimate territory sizes. This information indicated that territory
boundaries tended to shift from year to year, making calculations of
territory size difficult. Similarly, point data do not reliably
indicate occupied habitat over time since birds in urban settings tend
to move within and between years. Thus, using known territory
boundaries and point data to delineate occupied habitat likely
underestimates areas occupied by scrub-jays.
To assess whether the Applicants' parcel was within occupied scrub-
jay habitat, we calculated the maximum average ``shift'' in territories
locations between 2000 and 2001. Based on these estimates, we
calculated a maximum average shift of 438 feet between years. We
subsequently used the 438 feet as a buffer to surround known territory
boundaries and point locations for scrub-jays. We reasoned that 438
feet represented a biologically-based buffer, within which scrub-jays
were likely to occur. Application of the 438-foot buffer to known
territories and point locations provides a quantitative method to
delineate occupied scrub-jay habitat in highly urbanized areas within
the city limits of Palm Bay.
The Applicants' residential lot falls within the 438-foot buffer
established for known scrub-jay territories and/or point data. Although
the Applicants' property lacks substantial woody vegetation typically
required for scrub-jay nesting and sheltering habitat, it does provide
suitable foraging habitat. Accordingly, loss of this habitat due to
residential construction will result in the destruction of scrub-jay
foraging habitat.
The Applicants propose to conduct construction activities outside
of the nesting season. Other on-site minimization measures are not
practicable as the footprint of the home, infrastructure and
landscaping on the 0.23-acre lot will utilize all the available land
area. On-site minimization may not be a biologically viable alternative
due to increasing negative demographic effects caused by urbanization.
[[Page 22061]]
The Applicants propose to mitigate for the loss of 0.23 acre of
scrub-jay habitat by contributing $3,082 to the Florida Scrub-jay
Conservation Fund administered by the National Fish and Wildlife
Foundation. 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 $3,082 is sufficient
to acquire and perpetually manage 0.46 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 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 due to public comment received 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
Applicants' 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. We do not anticipate
significant direct or cumulative effects to the Florida scrub-jay
population as a result of the construction 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
action or represent a decision in principle about future actions with
potentially significant environmental effects.
We have determined that approval of the Plan qualifies as a
categorical exclusion under the 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.
We 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 the incidental take of the Florida scrub-
jay. We 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: April 7, 2005.
Jacquelyn B. Parrish,
Acting Regional Director, Southeast Region.
[FR Doc. 05-8501 Filed 4-27-05; 8:45 am]
BILLING CODE 4310-55-P
