Receipt of Two Applications for Incidental Take Permits for Construction of Four Single-Family Homes in Brevard County, FL, 43512-43514 [E6-12309]
Download as PDF
<![CDATA[
43512
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
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 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.
Residential construction for Duke
Construction Corporation will take
place within Section 23, Township 23
South, Range 35 East, Port St. Johns,
Brevard County, Florida on Lots 09, 10,
and 11, Block 42. These lots are within
locations where scrub-jays were sighted
during surveys for this species from
1999–2003.
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. Johns, 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
VerDate Aug<31>2005
21:00 Jul 31, 2006
Jkt 208001
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.
The Applicant agrees to confine
construction activities to a time period
outside of the nesting season, will look
for active nests nearby during the
nesting season, and will contact the
Service if active nests are found onsite,
but no other on-site minimization
measures are proposed to reduce take of
scrub-jays. The lots combined
encompass about 0.77 acre (0.24 acre for
Lot 9, 0.24 acre for Lot 10, and 0.29 acre
for Lot 11) and the footprints of the
homes, 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 contributing a total of $10,318
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
$10,318 is sufficient to acquire and
perpetually manage about 1.54 acres 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.
The 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
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
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 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, an 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
comply 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 an 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: July 3, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–12304 Filed 7–31–06; 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 Four Single-Family
Homes in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Ivania Castro and Edward
Nissan (Applicants) each request an
incidental take permit (ITP) pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act).
The Applicants anticipate taking a total
of about 0.97 acre of Florida scrub-jay
(Aphelocoma coerulescens)(scrub-jay)
foraging, sheltering, and potential
nesting habitat incidental to lot
preparation for the construction of four
single-family homes and supporting
infrastructure in Brevard County,
Florida (Project). Each of the Applicants
seek an incidental take permit for a oneyear term. The destruction of 0.97 acre
E:\FR\FM\01AUN1.SGM
01AUN1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices
of foraging, sheltering, and potential
nesting habitat is expected to result in
the take of two families of scrub-jays.
The Applicants’ Habitat Conservation
Plans (HCP) 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.
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 August 31, 2006.
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 numbers TE111606–0
for Castro, and TE111607–0 for Nissan,
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,
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. Paula Sisson, Fish and Wildlife
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 TE111606–0, for Castro and
TE111607–0, for Nissan, in such
comments. You may mail comments to
the Service’s Regional Office (see
ADDRESSES). You may also comment via
the Internet to david_dell@fws.gov.
Please include your name and return
address in your Internet message. If you
do not receive a confirmation from us
that we have received your Internet
message, contact us directly at either
telephone number listed 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
VerDate Aug<31>2005
20:04 Jul 31, 2006
Jkt 208001
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 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.
Residential construction for Ivania
Castro will take place within Section 21,
Township 29 South, Range 37 East,
Palm Bay, Brevard County, Florida on
lots 14, 15, and 16, Block 941.
Residential construction for Edward
Nissan will take place within Section
16, Township 29 South, Range 37 East,
Palm Bay, Brevard County, Florida, lot
15, Block 777. The lots are within 438
feet of locations where scrub-jays were
sighted during surveys for this species
from 1999 to 2002. Scrub-jays using the
subject residential lots 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. 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.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
43513
Construction of the Applicants’
infrastructure and facilities will result
in harm to scrub-jays, incidental to the
carrying out of these otherwise lawful
activities. The 0.97 acre of habitat
alteration associated with the proposed
residential construction projects will
reduce the availability of foraging and
sheltering habitat for two families of
scrub-jays. On-site minimization
measures are not practicable as the
footprint of the four homes,
infrastructure and landscaping will
utilize all the available land area.
However, both Applicants have agreed
to avoid land clearing during the nesting
season if any active nests are found onsite, but no other on-site minimization
measures are proposed to reduce take of
scrub-jays.
The Applicants propose to mitigate
for the loss of 0.97 acre of scrub-jay
habitat by contributing a total of $13,648
to the Florida Scrub-jay Conservation
Fund administered by The Nature
Conservancy. 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 $13,648 is
sufficient to acquire and perpetually
manage 0.97 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
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
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.
We will evaluate the HCPs 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 we
determine that those requirements are
E:\FR\FM\01AUN1.SGM
01AUN1
43514
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Notices
met, the ITPs will be issued for
incidental take of the Florida scrub-jay.
We will also evaluate whether issuance
of the section 10(a)(1)(B) ITPs comply
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
ITPs. This notice is provided pursuant
to section 10 of the Endangered Species
Act and National Environmental Policy
Act regulations (40 CFR 1506.6).
Dated: July 3, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–12309 Filed 7–31–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife
and Plants; Draft Recovery Plan for
Astragalus holmgreniorum
(Holmgren milk-vetch) and Astragalus
ampullarioides (Shivwits milk-vetch)
Fish and Wildlife Service,
Interior.
ACTION: Notice of document availability
for review and comment.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (Service) announces availability
for public review a draft recovery plan
for the Holmgren milk-vetch (Astragalus
holmgreniorum) and Shivwits milkvetch (Astragalus ampullarioides).
These species are federally listed as
endangered under the Endangered
Species Act of 1973, as amended (Act).
The Service solicits review and
comment from the public on this draft
plan.
DATES: Comments on the draft recovery
plan must be received on or before
August 31, 2006.
ADDRESSES: Copies of the draft recovery
plan are available by request from the
Utah Field Office, U.S. Fish and
Wildlife Service, 2369 West Orton
Circle, Suite 50, West Valley City, Utah
84119 (telephone 801–975–3330).
Submit comments on the draft recovery
plan to the Field Supervisor at this same
address. An electronic copy of the draft
recovery plan is available at https://
endangered.fws.gov/recovery/
index.html#plans.
FOR FURTHER INFORMATION CONTACT:
Field Supervisor, at the above address,
or telephone 801–975–3330.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
20:04 Jul 31, 2006
Jkt 208001
Background
Restoring an endangered or
threatened animal or plant to the point
where it is again a secure, selfsustaining member of its ecosystem is a
primary goal of the Service’s
endangered species program. To help
guide the recovery effort, the Service is
working to prepare recovery plans for
the federally listed species native to the
United States where a plan will promote
the conservation of the species.
Recovery plans describe site-specific
actions necessary for the conservation of
the species, establish objective,
measurable criteria which, when met,
would result in a determination that the
species no longer needs the protection
of the Act (16 U.S.C. 1531 et seq.), and
provide estimates of the time and cost
for implementing the needed recovery
measures.
The Act requires recovery plans for
listed species unless such a plan would
not promote the conservation of a
particular species. Section 4(f) of the
Act, as amended in 1988, requires that
public notice and opportunity for public
review and comment be provided
during recovery plan development. The
Service will consider all information
received during a public comment
period when preparing each new or
revised recovery plan for approval. The
Service and other Federal agencies also
will take these comments into
consideration in the course of
implementing approved recovery plans.
It is our policy to request peer review
of recovery plans, and we will
summarize and respond to the issues
raised by the peer reviewers in a
determination appendix to the approved
recovery plan.
Holmgren milk-vetch and Shivwits
milk-vetch are endemic to the Mojave
Desert around St. George, Utah. These
perennials were listed as endangered in
October 2001 (66 FR 49560, September
28, 2001) due to their rarity and
declining population trends as well as
the threats of urban development, offroad vehicle use, grazing, displacement
by invasive plants, and mineral
development. Critical habitat was
proposed for these species on March 29,
2006 (71 FR 15966). For the purpose of
recovery each species comprises six
extant populations located in
Washington County, Utah, with one
Holmgren milk-vetch population
extending into Mohave County,
Arizona. This also represents the known
historic distribution, although it is
probable that both species occupied
more habitat in the past.
Holmgren milk-vetch occurs at
elevations between 756 and 914 meters
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
(2,480 and 2,999 feet) in areas that drain
to the Santa Clara and Virgin Rivers. It
is typically found on the skirt edges of
hill and plateau formations slightly
above or at the edge of drainage areas;
it occurs on soils characterized by small
stone and gravel deposits and where
living cover is less than 20 percent of
the landscape. Shivwits milk-vetch is
found in isolated pockets of Chinle and
Moenave soils around St. George.
Occupied sites are small, and
populations are found between 920 and
1,330 meters (3,018 and 4,363 feet) in
elevation in sparsely vegetated habitat
with an average 12 percent cover.
Shivwits milk-vetch is thinly and
discontinuously distributed within its
habitat; Shivwits milk-vetch is found in
dense patches. Depending on
precipitation, Holmgren milk-vetch has
variable seedling output followed by a
low rate of survivorship, limiting the
number of reproductive adults within a
population; Shivwits milk-vetch is
constrained by the isolation of
appropriate soil substrate and limited
mechanisms for seed dispersal.
Recovery of Holmgren milk-vetch and
Shivwits milk-vetch will hinge on
conservation of extant populations and
establishment of enough additional
populations to ensure long-term
demographic and genetic viability. This
will require the active involvement of
experts and the public as well as a
continuing recognition of the role each
milk-vetch plays in the ecology of
southwestern Utah and, in the case of
Holmgren milk-vetch, northwestern
Arizona. Because of the biological and
historical uncertainties regarding the
status and recovery potential of these
species, the recovery strategy is
necessarily contingent on a growing
understanding of the species and their
ecological requirements. Consequently,
a dynamic and adaptive approach will
be key to making effective progress
toward full recovery.
Public Comments Solicited
The Service solicits public comments
on the draft recovery plan described. All
comments received by the date specified
will be considered prior to approval of
the plan. Written comments and
materials regarding the plan should be
addressed to the Field Supervisor (see
ADDRESSES section). Comments and
materials received will be available, by
appointment, for public inspection
during normal business hours at the
above address.
Authority
The authority for this action is section
4(f) of the Endangered Species Act, 16
U.S.C. 1533(f).
E:\FR\FM\01AUN1.SGM
01AUN1
]]>Agencies
[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Notices]
[Pages 43512-43514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12309]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for Incidental Take Permits for
Construction of Four Single-Family Homes in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Ivania Castro and Edward Nissan (Applicants) each request an
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Applicants
anticipate taking a total of about 0.97 acre of Florida scrub-jay
(Aphelocoma coerulescens)(scrub-jay) foraging, sheltering, and
potential nesting habitat incidental to lot preparation for the
construction of four single-family homes and supporting infrastructure
in Brevard County, Florida (Project). Each of the Applicants seek an
incidental take permit for a one-year term. The destruction of 0.97
acre
[[Page 43513]]
of foraging, sheltering, and potential nesting habitat is expected to
result in the take of two families of scrub-jays. The Applicants'
Habitat Conservation Plans (HCP) 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.
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 August 31, 2006.
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 numbers TE111606-0 for
Castro, and TE111607-0 for Nissan, 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, 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. Paula Sisson, Fish and Wildlife 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
TE111606-0, for Castro and TE111607-0, for Nissan, in such comments.
You may mail comments to the Service's Regional Office (see ADDRESSES).
You may also comment via the Internet to david_dell@fws.gov. Please
include your name and return address in your Internet message. If you
do not receive a confirmation from us that we have received your
Internet message, contact us directly at either telephone number listed
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.
Residential construction for Ivania Castro will take place within
Section 21, Township 29 South, Range 37 East, Palm Bay, Brevard County,
Florida on lots 14, 15, and 16, Block 941. Residential construction for
Edward Nissan will take place within Section 16, Township 29 South,
Range 37 East, Palm Bay, Brevard County, Florida, lot 15, Block 777.
The lots are within 438 feet of locations where scrub-jays were sighted
during surveys for this species from 1999 to 2002. Scrub-jays using the
subject residential lots 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. 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.
Construction of the Applicants' infrastructure and facilities will
result in harm to scrub-jays, incidental to the carrying out of these
otherwise lawful activities. The 0.97 acre of habitat alteration
associated with the proposed residential construction projects will
reduce the availability of foraging and sheltering habitat for two
families of scrub-jays. On-site minimization measures are not
practicable as the footprint of the four homes, infrastructure and
landscaping will utilize all the available land area. However, both
Applicants have agreed to avoid land clearing during the nesting season
if any active nests are found on-site, but no other on-site
minimization measures are proposed to reduce take of scrub-jays.
The Applicants propose to mitigate for the loss of 0.97 acre of
scrub-jay habitat by contributing a total of $13,648 to the Florida
Scrub-jay Conservation Fund administered by The Nature Conservancy.
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 $13,648 is sufficient to acquire
and perpetually manage 0.97 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 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 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.
We will evaluate the HCPs 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 we determine that those
requirements are
[[Page 43514]]
met, the ITPs will be issued for incidental take of the Florida scrub-
jay. We will also evaluate whether issuance of the section 10(a)(1)(B)
ITPs comply 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 ITPs. This notice is provided
pursuant to section 10 of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6).
Dated: July 3, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6-12309 Filed 7-31-06; 8:45 am]
BILLING CODE 4310-55-P
