Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From the Proposed Construction of a Single-Family Home in Sarasota County, FL, 48189-48190 [05-16168]
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Notices
undisturbed condition. A large portion
of the refuge was going to be a
residential development complete with
canals for boating access. The dredgespoil from the canal system was piled
up in berms on the banks of the canals
and became an important nesting area
for the federally listed American
crocodile. American crocodiles are
fairly wide-spread throughout the
tropics, however, in the United States,
crocodiles are only found in south
Florida and the Keys.
The refuge protects one of the largest
remaining tracts of tropical hardwood
hammock, which is a globally
threatened habitat type. These diverse
forests are home to hundreds of plants
and animals including the federally
listed Key Largo woodrat, Key Largo
cotton mouse, Schaus swallowtail
butterfly, Stock Island tree snail, and
eastern indigo snake. These species
require hammocks in order to survive.
Unfortunately, most of the hammocks in
Key Largo have been eliminated by
development, which has lead to
considerable population declines in
these already imperiled species.
Authority: This notice is published under
the authority of the National Wildlife Refuge
System Improvement Act of 1977, Public
Law 105–57.
Dated: June 17, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–16171 Filed 8–15–05; 8:45 am]
BILLING CODE 4310–55–M
DEPARTMENT OF THE INTERIOR
Receipt of an Application for an
Incidental Take Permit for the Florida
Scrub-Jay Resulting From the
Proposed Construction of a SingleFamily Home in Sarasota County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Jeffrey and Patricia Adams
(Applicants) request an incidental take
permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as
amended (Act). The Applicants
anticipate removal of about 0.22 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
Sarasota County, Florida (project). The
loss of 0.22 acre of foraging, sheltering,
18:02 Aug 15, 2005
Written comments on the ITP
application, HCP, and Screening Form
should be sent to the Service’s Regional
Office (see ADDRESSES) and should be
received on or before September 15
2005.
DATES:
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 TE096080–0 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 at the South Florida
Ecological Services Field 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 Field Office (see ADDRESSES
ADDRESSES:
Fish and Wildlife Service
VerDate jul<14>2003
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
scrub-jay. These measures are outlined
in the SUPPLEMENTARY INFORMATION
section below. The Service has
determined that the Applicants’
proposal, including the proposed
mitigation and minimization measures,
would 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 Applicants’ ITP
application, HCP, and Screening Form
for Low-Effect HCP Determinations for
the 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).
Jkt 205001
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
48189
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 TE096080–0 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
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 oakdominated 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
E:\FR\FM\16AUN1.SGM
16AUN1
48190
Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Notices
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 which is needed to
maintain xeric uplands in conditions
suitable for scrub-jays.
The scrub-jays reported 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 southern
Sarasota County. The project site
represents a portion of an isolated
scrub-jay territory. 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 is
likely to result in further reductions in
the amount of suitable habitat for scrubjays. 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 would result
in harm to scrub-jays, incidental to the
carrying out of these otherwise lawful
activities. Habitat alteration associated
with the proposed residential
construction would reduce the
availability of foraging, sheltering, and
possible nesting habitat for one family
of scrub-jays. The Applicants propose to
conduct clearing activities outside of the
nesting season. The Applicants propose
to remove any exotic vegetation from
the lot and maintain the remaining area
in native vegetation for use by the
resident scrub-jays. The Applicants
propose to replace any scrub oaks and
wax myrtles that might be removed
during land clearing. The Applicants
propose to avoid landscaping with trees
that would grow tall (greater than 30
feet) and potentially provide perch trees
for predators that could prey on scrubjays on this lot and surrounding
unimproved lots. The Applicants would
not have any free-roaming cats as they
VerDate jul<14>2003
18:02 Aug 15, 2005
Jkt 205001
can be a potential predator on young
scrub-jays.
The Applicants also propose to
mitigate the take of scrub-jays through
contribution of $4,000 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 scrubjays and may include habitat
acquisition, restoration, and
management. The Applicants assert that
the $4,000 payment is the maximum
extent of mitigation practicable for them
while still allowing them to implement
on-site mitigation measures.
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 Environmental
Assessment or Environmental Impact
Statement. This preliminary information
may be revised based on our review of
any 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. 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.
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,
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
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 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: July 18, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–16168 Filed 8–15–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Species
Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications.
AGENCY:
SUMMARY: The following applicants have
applied for scientific research permits to
conduct certain activities with
endangered species pursuant to section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended.
DATES: To ensure consideration, written
comments must be received on or before
September 15, 2005.
ADDRESSES: Written comments should
be submitted to the Chief, Endangered
Species Division, Ecological Services,
P.O. Box 1306, Room 4102,
Albuquerque, New Mexico 87103.
Documents and other information
submitted with these applications are
available for review, subject to the
requirements of the Privacy Act and
Freedom of Information Act. Documents
will be available for public inspection,
by appointment only, during normal
business hours at the U.S. Fish and
Wildlife Service, 500 Gold Ave. SW,
Room 4102, Albuquerque, New Mexico.
Please refer to the respective permit
number for each application when
submitting comments. All comments
received, including names and
addresses, will become part of the
official administrative record and may
be made available to the public.
E:\FR\FM\16AUN1.SGM
16AUN1
]]>Agencies
[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Pages 48189-48190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16168]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Florida Scrub-Jay Resulting From the Proposed Construction of a Single-
Family Home in Sarasota County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Jeffrey and Patricia Adams (Applicants) request an incidental
take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act). The
Applicants anticipate removal of about 0.22 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
Sarasota County, Florida (project). The loss of 0.22 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 scrub-jay. These measures are outlined in the
SUPPLEMENTARY INFORMATION section below. The Service has determined
that the Applicants' proposal, including the proposed mitigation and
minimization measures, would 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
Applicants' ITP application, HCP, and Screening Form for Low-Effect HCP
Determinations for the 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, HCP, and Screening Form
should be sent to the Service's Regional Office (see ADDRESSES) and
should be received on or before September 15 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
TE096080-0 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 at the South Florida Ecological Services Field 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 Field
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
TE096080-0 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 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
[[Page 48190]]
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 which is needed to maintain
xeric uplands in conditions suitable for scrub-jays.
The scrub-jays reported 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 southern Sarasota County.
The project site represents a portion of an isolated scrub-jay
territory. 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 is likely to 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 would
result in harm to scrub-jays, incidental to the carrying out of these
otherwise lawful activities. Habitat alteration associated with the
proposed residential construction would reduce the availability of
foraging, sheltering, and possible nesting habitat for one family of
scrub-jays. The Applicants propose to conduct clearing activities
outside of the nesting season. The Applicants propose to remove any
exotic vegetation from the lot and maintain the remaining area in
native vegetation for use by the resident scrub-jays. The Applicants
propose to replace any scrub oaks and wax myrtles that might be removed
during land clearing. The Applicants propose to avoid landscaping with
trees that would grow tall (greater than 30 feet) and potentially
provide perch trees for predators that could prey on scrub-jays on this
lot and surrounding unimproved lots. The Applicants would not have any
free-roaming cats as they can be a potential predator on young scrub-
jays.
The Applicants also propose to mitigate the take of scrub-jays
through contribution of $4,000 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 Applicants assert that the $4,000 payment is the
maximum extent of mitigation practicable for them while still allowing
them to implement on-site mitigation measures.
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 Environmental Assessment or Environmental
Impact Statement. This preliminary information may be revised based on
our review of any 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. 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. 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 18, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-16168 Filed 8-15-05; 8:45 am]
BILLING CODE 4310-55-P
