Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From Construction of a Single-Family Home in Brevard County, FL, 51084-51086 [05-17068]
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
project site are part of a metapopulation
of scrub-jays in Charlotte County that
occurs east of the Peace River and Punta
Gorda. The continued survival and
recovery of scrub-jays in this area may
be dependent on the maintenance of
suitable habitat and the restoration of
unsuitable habitat.
Scrub-jays in urban areas are
particularly vulnerable and typically do
not successfully produce young that
survive to adulthood. Persistent urban
growth in the vicinity of the project will
likely continue to reduce 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 include
acquisition and management of large
parcels of land outside the direct
influence of urbanization.
Construction of the project’s
infrastructure and facilities could 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 nesting, foraging, and
sheltering habitat for three scrub-jays.
The Applicants propose to minimize
take of scrub-jays by avoiding landclearing activities during the breeding or
nesting season (March through June), by
not planting additional trees which
would allow perching of predatory
birds, by eliminating most predatory
bird perches (slash pines) to possibly
reduce the risk of scrub-jays being killed
by raptors, and by preserving and
maintaining 3.8 acres of scrub-jay
habitat on their 5-acre lot in perpetuity.
The preserve would be accomplished
through recorded deed restriction which
must be in place within 30 days of ITP
issuance and prior to any land-clearing
activities.
The Applicants also propose to
mitigate the take of scrub-jays through
contribution of $1,200 to an approved
scrub-jay mitigation fund. This
contribution must be made within 30
days of ITP issuance and prior to any
land-clearing activities. The fund would
be used to acquire and manage larger
tracts of scrub habitat in the County.
The Service has made a preliminary
determination that the issuance of the
ITP is not a major Federal action
significantly affecting the quality of the
human environment within the meaning
of section 102(2)(C) of the National
Environmental Policy Act. This
preliminary information may be revised
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15:17 Aug 26, 2005
Jkt 205001
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 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: August 4, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–17064 Filed 8–26–05; 8:45 am]
BILLING CODE 4310–55–P
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 Home
in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Maronda Homes, Inc.
(Applicant) requests an incidental take
permit (ITP) for a duration of 10 years,
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 (Act),
as amended (U.S.C. 1531 et seq.). The
Applicant requests a permit to remove
about 0.24 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 Section 23, Township
23 South, Range 35 East, Port St. John,
Brevard County, Florida. The proposed
destruction of 0.24 acre of foraging,
sheltering, and possibly nesting habitat
could result in the take of one family of
scrub-jays.
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 Fish and Wildlife
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Service (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 ‘‘loweffect’’ project and qualifies as a
categorical exclusion under the National
Environmental Policy Act (NEPA), as
provided by the Department of the
Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). We
announce the availability of the ITP
application and HCP for the incidental
take application. Copies of the
application and HCP may be obtained
by making a request to the Southeast
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 September 28, 2005.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
Regional Office at the address below.
Please reference permit number
TE103390–0 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 Jacksonville Field
Office, U.S. Fish and Wildlife Service,
6620 Southpoint Drive South, Suite 310,
Jacksonville, Florida 32216–0912 (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 Ms.
Erin Gawera, Fish and Wildlife
Biologist, Jacksonville Field Office (see
ADDRESSES above), telephone: 904/232–
2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE103390–0 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
E:\FR\FM\29AUN1.SGM
29AUN1
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
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 (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 (areas of dry, sandy soils,
supporting the 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 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
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15:17 Aug 26, 2005
Jkt 205001
to the interruption of the natural fire
regime, which is needed to maintain
xeric uplands in conditions suitable for
scrub-jays.
Residential construction for Maronda
Homes, Inc. would take place within
Section 23, Township 23 South, Range
35 East, Port St. John, Brevard County,
Florida on Lot 07, Block 59. This lot is
within locations where scrub-jays were
sighted during surveys for this species
from 1999 to 2003.
Scrub-jays affected by the issuance of
this permit are found on the extreme
western edge of a large area supporting
a 16-family cluster of birds that inhabits
urban areas, commercial development,
and undeveloped native habitat in the
Tico and Grissom territory cluster just
south of Port St. John, Florida. This
cluster of scrub-jays is part of a larger
metapopulation complex of scrub-jays
that persists in northern Brevard
County. The number of scrub-jay
families in the vicinity of the project site
and in the northern Brevard County
metapopulation has declined in recent
years. Survey results indicate that the
number of scrub-jay families has
declined in the Tico and Grissom
cluster from 72 in the early 1990s to 47
in 2002 (33 percent decline). Similarly,
the number of families of scrub-jays
within the northern Brevard County
metapopulation, which includes the
Tico and Grissom territory cluster, has
declined from 102 to 67 families (34
percent decline) during this same time
period. Both of these observed rates of
decline approximate the four percent
per year decline estimated by recent
research findings.
The decline in numbers of scrub-jay
families in northern Brevard County is
the cumulative result of habitat
destruction, fragmentation, and
degradation. Metapopulation viability
analysis suggests that this
metapopulation of scrub-jays has a high
quasi-extinction risk if no further
conservation efforts are undertaken to
acquire and manage land for the benefit
of scrub-jays. However, with active
acquisition and management of habitat
in the metapopulation, the quasiextinction risk decreases substantially.
The demographic viability, and thus
future biological value, of scrub-jays
within highly urbanized areas (e.g.,
residential areas, industrial sites, and
other commercial development) is
problematic in most situations, but the
contribution urban scrub-jays have on
metapopulation dynamics is not certain.
Research conducted in central Florida
suggests that juvenile and adult scrubjays living within urban areas have low
survival rates and that the persistence of
scrub-jays in these environments is
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51085
largely dependent on immigration from
other low-quality habitat. In this
instance, urban scrub-jays may have a
negative impact on the demographic
viability of the overall metapopulation
since available breeders are essentially
lost to habitats in which mortality
exceeds recruitment. Other research
conducted in east-central Florida
suggests that recruitment will exceed
mortality if optimal habitat conditions
exist, regardless of whether the habitat
is in a pristine or urban setting. In this
case, urban scrub-jays would be as
demographically important as scrub-jays
in more pristine habitats.
Regardless of whether the breeding
territory is in an urbanized area or more
pristine natural area, the success of a
breeding pair is highly dependent on
the quality of habitat within the
territory. In most instances, scrub-jay
habitat in urban settings is degraded due
to long-term fire suppression and there
is no indication that habitat in these
settings will be managed in the future.
Thus, we generally believe, and existing
research supports, that in most urban
settings, scrub-jays occupy less than
optimal habitat and are therefore less
demographically viable than birds
occupying habitat in areas that are
actively managed. Consequently, scrubjays living within suburban areas of Port
St. John and urbanized areas of Brevard
County appear to be demographically
doomed over the long term and the only
potential biological value these birds
currently have is in providing a source
of breeders for other adjacent lands that
are actively managed for conservation
purposes. One such site is located
approximately two miles north off of
County Road 50 in the southern end of
Titusville. The 52 acres of scrub at this
site is managed for scrub-jays through
Brevard County’s Environmentally
Endangered Lands Program (EELS).
Future acquisition is proposed by EELS
for areas northwest and south of the
project site, but until these lands are
secured and managed, dispersing scrubjays from the city may not find suitable
habitat.
Construction of the Applicant’s
single-family residence and
infrastructure 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 agrees to avoid construction
during the nesting season if active nests
are found on site, but no other on-site
minimization measures are proposed to
reduce take of scrub-jays. The lot
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
encompasses about 0.24 acre and the
footprint of the home, infrastructure,
and landscaping preclude retention of
scrub-jay habitat on the project site. Onsite minimization may not be a
biologically viable alternative because of
increasing negative demographic effects
caused by urbanization.
Based on the above information,
scrub-jays in the vicinity of the
Applicant’s lot, currently have little
long-term demographic value to the
metapopulation overall. Consequently,
the Service has determined that the loss
of 0.24 acre of habitat is likely to result
in only minor or negligible impacts on
the species.
The Applicant proposes to mitigate
for the loss of 0.24 acre of scrub-jay
habitat by contributing a total of $3,216
to the Florida Scrub-jay Conservation
Fund administered by the National Fish
and Wildlife Foundation. Funds in this
account are earmarked for use in the
conservation and recovery of scrub-jays
and may include habitat acquisition,
restoration, and/or management. The
$3,216 is sufficient to acquire and
perpetually manage about 0.48 acre of
suitable occupied scrub-jay habitat
based on a replacement ratio of 2
mitigation acres per 1 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
determination may be revised based on
our review of public comment we
receive in response to this notice. Loweffect 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. Issuance of the ITP 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. Issuance of the ITP would not have
adverse effects on known unique
geographic, historic, or cultural sites, or
involve unique or unknown
environmental risks.
3. Issuance of the ITP would not
result in any significant adverse effects
on public health or safety.
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Jkt 205001
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. Issuance of the ITP 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 issuance of
this incidental take permit 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.
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 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: August 3, 2005.
Sam D. Hamilton,
Regional Director, Southeast Region.
[FR Doc. 05–17068 Filed 8–26–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for
Incidental Take Permits for
Construction of Single-Family Homes
in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Maronda Homes, Inc. of
Florida and Duke Construction
Corporation (Applicants) each 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 a combined total of
about 0.48 acre of Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay)
foraging, sheltering, and possibly
PO 00000
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Fmt 4703
Sfmt 4703
nesting habitat incidental to lot
preparation for the construction of
single-family homes and supporting
infrastructure in Brevard County,
Florida (Project). The destruction of 0.48
acre of foraging, sheltering, and possibly
nesting habitat is expected to result in
the take of one family of scrub-jays over
requested permit terms of 10 years
(Maronda) and 2 years (Duke).
The Applicants’ Habitat Conservation
Plans (HCPs) 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. 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 HCPs. Therefore,
the ITPs are ‘‘low-effect’’ projects and
qualify as categorical exclusions 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). Copies
of the HCPs 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
applications and HCPs should be sent to
the Service’s Regional Office (see
ADDRESSES) and should be received on
or before September 28, 2005.
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 number TE099862–0,
for Maronda Homes and number
TE099859–0, for Duke Construction 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 32216–0912.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Ms. Erin Gawera, General Biologist,
Jacksonville Field Office, Jacksonville,
Florida (see ADDRESSES above),
telephone: 904/232–2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
E:\FR\FM\29AUN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51084-51086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17068]
-----------------------------------------------------------------------
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 Home
in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Maronda Homes, Inc. (Applicant) requests an incidental take
permit (ITP) for a duration of 10 years, pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended
(U.S.C. 1531 et seq.). The Applicant requests a permit to remove about
0.24 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 Section 23, Township 23 South, Range 35 East, Port
St. John, Brevard County, Florida. The proposed destruction of 0.24
acre of foraging, sheltering, and possibly nesting habitat could result
in the take of one family of scrub-jays.
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 Fish and Wildlife Service
(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 the Interior Manual
(516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). We announce the
availability of the ITP application and HCP for the incidental take
application. Copies of the application and HCP may be obtained by
making a request to the Southeast 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 September 28, 2005.
ADDRESSES: Persons wishing to review the application and HCP may obtain
a copy by writing the Service's Southeast Regional Office at the
address below. Please reference permit number TE103390-0 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 Jacksonville Field Office, U.S. Fish and Wildlife Service, 6620
Southpoint Drive South, Suite 310, Jacksonville, Florida 32216-0912
(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 Ms. Erin Gawera,
Fish and Wildlife Biologist, Jacksonville Field Office (see ADDRESSES
above), telephone: 904/232-2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE103390-0 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
[[Page 51085]]
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 (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 (areas of dry, sandy soils, supporting the
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 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 interruption of the natural fire regime,
which is needed to maintain xeric uplands in conditions suitable for
scrub-jays.
Residential construction for Maronda Homes, Inc. would take place
within Section 23, Township 23 South, Range 35 East, Port St. John,
Brevard County, Florida on Lot 07, Block 59. This lot is within
locations where scrub-jays were sighted during surveys for this species
from 1999 to 2003.
Scrub-jays affected by the issuance of this permit are found on the
extreme western edge of a large area supporting a 16-family cluster of
birds that inhabits urban areas, commercial development, and
undeveloped native habitat in the Tico and Grissom territory cluster
just south of Port St. John, Florida. This cluster of scrub-jays is
part of a larger metapopulation complex of scrub-jays that persists in
northern Brevard County. The number of scrub-jay families in the
vicinity of the project site and in the northern Brevard County
metapopulation has declined in recent years. Survey results indicate
that the number of scrub-jay families has declined in the Tico and
Grissom cluster from 72 in the early 1990s to 47 in 2002 (33 percent
decline). Similarly, the number of families of scrub-jays within the
northern Brevard County metapopulation, which includes the Tico and
Grissom territory cluster, has declined from 102 to 67 families (34
percent decline) during this same time period. Both of these observed
rates of decline approximate the four percent per year decline
estimated by recent research findings.
The decline in numbers of scrub-jay families in northern Brevard
County is the cumulative result of habitat destruction, fragmentation,
and degradation. Metapopulation viability analysis suggests that this
metapopulation of scrub-jays has a high quasi-extinction risk if no
further conservation efforts are undertaken to acquire and manage land
for the benefit of scrub-jays. However, with active acquisition and
management of habitat in the metapopulation, the quasi-extinction risk
decreases substantially.
The demographic viability, and thus future biological value, of
scrub-jays within highly urbanized areas (e.g., residential areas,
industrial sites, and other commercial development) is problematic in
most situations, but the contribution urban scrub-jays have on
metapopulation dynamics is not certain. Research conducted in central
Florida suggests that juvenile and adult scrub-jays living within urban
areas have low survival rates and that the persistence of scrub-jays in
these environments is largely dependent on immigration from other low-
quality habitat. In this instance, urban scrub-jays may have a negative
impact on the demographic viability of the overall metapopulation since
available breeders are essentially lost to habitats in which mortality
exceeds recruitment. Other research conducted in east-central Florida
suggests that recruitment will exceed mortality if optimal habitat
conditions exist, regardless of whether the habitat is in a pristine or
urban setting. In this case, urban scrub-jays would be as
demographically important as scrub-jays in more pristine habitats.
Regardless of whether the breeding territory is in an urbanized
area or more pristine natural area, the success of a breeding pair is
highly dependent on the quality of habitat within the territory. In
most instances, scrub-jay habitat in urban settings is degraded due to
long-term fire suppression and there is no indication that habitat in
these settings will be managed in the future. Thus, we generally
believe, and existing research supports, that in most urban settings,
scrub-jays occupy less than optimal habitat and are therefore less
demographically viable than birds occupying habitat in areas that are
actively managed. Consequently, scrub-jays living within suburban areas
of Port St. John and urbanized areas of Brevard County appear to be
demographically doomed over the long term and the only potential
biological value these birds currently have is in providing a source of
breeders for other adjacent lands that are actively managed for
conservation purposes. One such site is located approximately two miles
north off of County Road 50 in the southern end of Titusville. The 52
acres of scrub at this site is managed for scrub-jays through Brevard
County's Environmentally Endangered Lands Program (EELS). Future
acquisition is proposed by EELS for areas northwest and south of the
project site, but until these lands are secured and managed, dispersing
scrub-jays from the city may not find suitable habitat.
Construction of the Applicant's single-family residence and
infrastructure 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 agrees to avoid construction
during the nesting season if active nests are found on site, but no
other on-site minimization measures are proposed to reduce take of
scrub-jays. The lot
[[Page 51086]]
encompasses about 0.24 acre and the footprint of the home,
infrastructure, and landscaping preclude retention of scrub-jay habitat
on the project site. On-site minimization may not be a biologically
viable alternative because of increasing negative demographic effects
caused by urbanization.
Based on the above information, scrub-jays in the vicinity of the
Applicant's lot, currently have little long-term demographic value to
the metapopulation overall. Consequently, the Service has determined
that the loss of 0.24 acre of habitat is likely to result in only minor
or negligible impacts on the species.
The Applicant proposes to mitigate for the loss of 0.24 acre of
scrub-jay habitat by contributing a total of $3,216 to the Florida
Scrub-jay Conservation Fund administered by the National Fish and
Wildlife Foundation. Funds in this account are earmarked for use in the
conservation and recovery of scrub-jays and may include habitat
acquisition, restoration, and/or management. The $3,216 is sufficient
to acquire and perpetually manage about 0.48 acre of suitable occupied
scrub-jay habitat based on a replacement ratio of 2 mitigation acres
per 1 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 determination may be
revised based on our review of 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. Issuance of the ITP 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. Issuance of the ITP would not have adverse effects on known
unique geographic, historic, or cultural sites, or involve unique or
unknown environmental risks.
3. Issuance of the ITP 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. Issuance of the ITP 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 issuance of this incidental take permit
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.
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 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: August 3, 2005.
Sam D. Hamilton,
Regional Director, Southeast Region.
[FR Doc. 05-17068 Filed 8-26-05; 8:45 am]
BILLING CODE 4310-55-P
