Receipt of an Application for an Incidental Take Permit for Construction of a Commercial Building in Brevard County, FL, 31199-31200 [E6-8452]

Download as PDF Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices wwhite on PROD1PC61 with NOTICES conservation education. The permit numbers and animals are 120067— Angel, 120068—Yama/Olga, 120069— Yali, 120070—Mikel/Ranchin, 120071— Yalu/Igor, 120072—Juanita, 120073— Koda, 120075—Champagne, and 120076—Kublai Khan. This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born to females while overseas. Applicant: Memphis Zoo, Memphis, TN, PRT 125372. The applicant requests a permit to import viable frozen semen samples from male giant pandas from the Chengdu Research Base of Giant Panda Breeding for the purpose of enhancement of the survival of the species through scientific research and propagation. This notification covers activities to be conducted by the applicant over a five year period. Endangered Marine Mammals and Marine Mammals The public is invited to comment on the following applications for a permit to conduct certain activities with endangered marine mammals and marine mammals. The applications were submitted to satisfy requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing endangered species (50 CFR part 17) and marine mammals (50 CFR part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. Applicant: Iskande L.V. Larkin, University of Florida, Gainesville, FL, PRT–038448. The applicant requests an amendment and an extension to her permit to take biological samples from 5 tagged female manatees in the wild and 14 captive held male and female manatees and to observe and collect fecal samples opportunistically from any number of wild and captive held manatees for the purpose of scientific research on aspects of reproductive endocrine health and behavior. This notification covers activities to be conducted by the applicant over a five-year period. Concurrent with the publication of this notice in the Federal Register, the Division of Management Authority is VerDate Aug<31>2005 19:10 May 31, 2006 Jkt 208001 forwarding copies of the above applications to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Applicant: Evan S. Evanovich, Venetia, PA, PRT–122434. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: Fred A. Pierce, Thayne, WY, PRT–122061. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Fred A. Pierce, Thayne, WY, PRT–125919. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Dated: May 12, 2006. Monica Farris, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6–8478 Filed 5–31–06; 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 Construction of a Commercial Building in Brevard County, FL Fish and Wildlife Service, Interior. ACTION: Notice. AGENCY: SUMMARY: Generation Builders (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 0.77 acre of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) foraging and sheltering habitat for a one-year term, incidental to lot preparation for the construction of a commercial building and supporting infrastructure in Brevard County, Florida (Project). The Applicant’s 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. DATES: Written comments on the ITP application and HCP should be sent to PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 31199 the Service’s Regional Office (see and should be received on or before July 3, 2006. ADDRESSES: Persons wishing to review the application and HCP may obtain a copy by writing the Service’s Southeast Regional Office, Atlanta, Georgia. Please reference permit number TE104318–0 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 32216–0912. FOR FURTHER INFORMATION CONTACT: David Dell, Regional HCP Coordinator, (see ADDRESSES above), telephone: 404/ 679–7313, facsimile: 404/679–7081; or Paula Sisson, General Biologist, Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above), telephone: 904/232–2580, ext. 126. SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit comments by any one of several methods. Please reference permit number TE104318–0 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 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 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. ADDRESSES) E:\FR\FM\01JNN1.SGM 01JNN1 wwhite on PROD1PC61 with NOTICES 31200 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Notices 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 (predominantly 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 proposed commercial construction would take place within Section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida. Scrub-jays were located within the lot during a site visit in October 2004. Scrub-jays using the subject commercial 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 southern Brevard and northern Indian River counties. 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 commercial construction would reduce the availability of foraging and sheltering habitat for one family of scrub-jays. The lot encompasses about 0.77 acre and the footprint of the building, infrastructure, and landscaping preclude retention of scrub-jay habitat. On-site minimization may not be a biologically viable alternative due to increasing negative demographic effects caused by urbanization. The Applicant proposes to mitigate for the loss of 0.77 acre of scrub-jay VerDate Aug<31>2005 19:10 May 31, 2006 Jkt 208001 habitat by purchasing approximately 1.5 acres of occupied scrub-jay habitat off of the project site, which will be deeded over to Brevard County Environmental Lands Program (EELS) for perpetual management and conservation. The acquisition of 1.5 acres is sufficient to replace the occupied scrub-jay habitat at a ratio of two mitigation acres per one impact acre. The Service has 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 ‘‘loweffect’’ project and qualifies as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). This preliminary information may be revised based on our review of public comments that we receive in response to this notice. 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 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. 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 (16 U.S.C. 1531 et seq.). If it is determined that those requirements are met, the ITP will be issued for PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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. This notice is provided pursuant to section 10 of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6). Dated: May 1, 2006. Cynthia K. Dohner, Acting Regional Director, Southeast Region. [FR Doc. E6–8452 Filed 5–31–06; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Draft Environmental Assessment/ Habitat Conservation Plan; Issuance of a Section 10(a)(1)(B) Permit for Incidental Take of the Houston Toad in Bastrop County, TX (George Stokes) U.S. Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. AGENCY: SUMMARY: George Stokes (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (TE–126322–0) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The requested permit, which is for a period of five years, would authorize incidental take of the Houston toad (Bufo houstonensis). The proposed take would occur as a result of the construction and occupation of a single family residence, guest home, and associated structures on a 14.049-acre (5.68-hectare) property located on Park Road 1–C, Bastrop County, Texas. We invite the public to review and comment on the permit application and associated draft Environmental Assessment/Habitat Conservation Plan (EA/HCP). DATES: To ensure consideration, written comments must be received on or before July 31, 2006. ADDRESSES: Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to review the draft EA/HCP may obtain a copy by contacting Scott Rowin, U.S. Fish and Wildlife Service, 10711 Burnet E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Notices]
[Pages 31199-31200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8452]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Receipt of an Application for an Incidental Take Permit for 
Construction of a Commercial Building in Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Generation Builders (Applicant) requests an incidental take 
permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species 
Act of 1973, as amended (Act). The Applicant anticipates taking about 
0.77 acre of Florida scrub-jay (Aphelocoma coerulescens)(scrub-jay) 
foraging and sheltering habitat for a one-year term, incidental to lot 
preparation for the construction of a commercial building and 
supporting infrastructure in Brevard County, Florida (Project). The 
Applicant's 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.

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 July 3, 2006.

ADDRESSES: Persons wishing to review the application and HCP may obtain 
a copy by writing the Service's Southeast Regional Office, Atlanta, 
Georgia. Please reference permit number TE104318-0 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 32216-0912.

FOR FURTHER INFORMATION CONTACT: David Dell, Regional HCP Coordinator, 
(see ADDRESSES above), telephone: 404/679-7313, facsimile: 404/679-
7081; or Paula Sisson, General Biologist, Jacksonville Field Office, 
Jacksonville, Florida (see ADDRESSES above), telephone: 904/232-2580, 
ext. 126.

SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit 
comments by any one of several methods. Please reference permit number 
TE104318-0 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 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 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.

[[Page 31200]]

    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 (predominantly 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 proposed commercial construction would take place within 
Section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, 
Florida. Scrub-jays were located within the lot during a site visit in 
October 2004. Scrub-jays using the subject commercial 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 southern Brevard and 
northern Indian River counties.
    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 commercial construction would reduce the availability of 
foraging and sheltering habitat for one family of scrub-jays. The lot 
encompasses about 0.77 acre and the footprint of the building, 
infrastructure, and landscaping preclude retention of scrub-jay 
habitat. On-site minimization may not be a biologically viable 
alternative due to increasing negative demographic effects caused by 
urbanization.
    The Applicant proposes to mitigate for the loss of 0.77 acre of 
scrub-jay habitat by purchasing approximately 1.5 acres of occupied 
scrub-jay habitat off of the project site, which will be deeded over to 
Brevard County Environmental Lands Program (EELS) for perpetual 
management and conservation. The acquisition of 1.5 acres is sufficient 
to replace the occupied scrub-jay habitat at a ratio of two mitigation 
acres per one impact acre.
    The Service has 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 
qualifies as a categorical exclusion under the National Environmental 
Policy Act (NEPA), as provided by the Department of Interior Manual 
(516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). This preliminary 
information may be revised based on our review of public comments that 
we receive in response to this notice. Low-effect HCPs are those 
involving: (1) Minor or negligible effects on federally listed or 
candidate species and their habitats, and (2) minor or negligible 
effects on other environmental values or resources. 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.
    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 (16 U.S.C. 1531 et seq.). 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. This notice is provided pursuant to section 10 of the Endangered 
Species Act and National Environmental Policy Act regulations (40 CFR 
1506.6).

    Dated: May 1, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6-8452 Filed 5-31-06; 8:45 am]
BILLING CODE 4310-55-P
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