[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41969-41970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20433]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment, Finding of No 
Significant Impact, and Receipt of an Application for an Incidental 
Take Permit for Construction of a Single Family Residence in Charlotte 
County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mr. E.J. Mouhot (Applicant), is seeking an incidental take 
permit (ITP) from the Fish and Wildlife Service (Service), pursuant to 
Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as 
amended. The ITP would authorize the take of one family of the 
threatened Florida scrub jay (FSJ), Aphelocoma coerulescens 
coerulescens for a period of six months. The proposed taking is 
incidental to construction of a single family home on about 0.69 acres 
(Project) in section 9, Township 40 South, Range 19 East, Charlotte 
County, Florida. The Applicant's Project is located within an existing 
(though incomplete) residential subdivision known as Manasota Gardens. 
A description of the mitigation and minimization measures outlined in 
the Applicant's Habitat Conservation Plan (HCP) to address the effects 
of the Project to the protected species is as described further in the 
SUPPLEMENTARY INFORMATION section below.
    The Service also announces the availability of an environmental 
assessment (EA) and HCP for the incidental take application. Copies of 
the EA and/or HCP may be obtained by making a request to the Regional 
Office (see ADDRESSES). Requests must be in writing to be processed. 
This notice also advises the public that the Service has made a 
preliminary determination that issuing 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 of 1969 (NEPA), as amended. The Finding of No Significant 
Impact (FONSI) is based on information contained in the EA and HCP. The 
final determination will be made no sooner than 30 days from the date 
of this notice. This notice is provided pursuant to Section 10 of the 
Act and NEPA regulations (40 CFR 1506.6). The Service specifically 
requests comment on the appropriateness of the ``No Surprises'' 
assurances should the Service determine that an ITP will be granted and 
based upon the submitted HCP. Although not explicitly stated in the 
HCP, the Service has, since August 1994, announced its intention to 
honor a ``No Surprises'' Policy for applicants seeking ITPs. Copies of 
the Service's ``No Surprises'' Policy may be obtained by making a 
written request to the Regional Office (see ADDRESSES). The Service is 
soliciting public comments and review of the applicability of the ``No 
Surprises'' Policy to this application and HCP.

DATES: Written comments on the permit application, EA, and HCP should 
be sent to the Service's Regional Office (see

[[Page 41970]]

ADDRESSES) and should be received on or before September 3, 1997.

ADDRESSES: Persons wishing to review the application, HCP, and EA may 
obtain a copy by writing the Service's Southeast Regional Office, 
Atlanta, Georgia. 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, South Florida Ecosystem Office, Post Office Box 2676, 
Vero Beach, Florida 32961-2676. Written data or comments concerning the 
application, EA, or HCP should be submitted to the Regional Office. 
Requests for the documentation must be in writing to be processed. 
Comments must be submitted in writing to be processed. Please reference 
permit number PRT-832536 in such comments, or in requests of the 
documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit 
Coordinator, (see ADDRESSES above), telephone: 404/679-7110; or Mr. 
Mike Jennings, Fish and Wildlife Biologist, South Florida Ecosystem 
Office , (see ADDRESSES above), telephone: 561/562-3909.

SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens coerulescens is 
geographically isolated from other subspecies of scrub jays found in 
Mexico and the Western United States. The FSJ is found almost 
exclusively in peninsular Florida and is restricted to scrub habitat. 
The total estimated population is between 7,000 and 11,000 individuals. 
Due to habitat loss and degradation throughout the State of Florida, it 
has been estimated that the FSJ has been reduced by at least half in 
the last 100 years.
    The status of FSJs in southwest Florida cannot accurately be 
estimated because no historical biological data exists with which to 
compare current species status. Based on the information identified in 
the Service's EA, the Service concludes that xeric habitats have been 
destroyed or degraded because of agricultural and urban uses, but FSJ 
responses to habitat disturbances are not well documented. However, 
based on existing soils data, the Service believes that much of the FSJ 
habitat that was once widespread along a narrow strip along coastal and 
riverine portions of Lee, Charlotte, and Sarasota counties has been 
lost. Because of the loss in habitat, the Service concludes that the 
number and distribution of FSJs has also declined.
    FSJ families occupying the Project site and Manasota Gardens 
Subdivision are part of a larger complex of FSJ families that persist 
in southwest Sarasota and northwest Charlotte counties. FSJ inhabiting 
the Project site represent one of eight confirmed FSJ families that 
reside within the Manasota Gardens Subdivision. The status of FSJ 
within the Project site and adjacent areas is not secure over the long 
term. Recent biological studies of the FSJ population suggests that FSJ 
families within Manasota Gardens Subdivision will likely decline in the 
future due to decreasing habitat quality and availability because of 
habitat fragmentation associated with residential development. The 
Service, through consultation with other experts, believes that FSJs 
will decline, over time, in residential settings.
    Construction of the Project's infrastructure and subsequent 
construction of the individual homesites will likely result in death 
of, or injury to, Aphelocoma coerulescens coerulescens incidental to 
the carrying out of these otherwise lawful activities. Habitat 
alteration associated with property development will reduce the 
availability of feeding, shelter, and nesting habitat.
    The EA considers the environmental consequences of two 
alternatives. The no action alternative may result in loss of habitat 
for Aphelocoma coerulescens coerulescens and exposure of the Applicant 
under Section 9 of the Act. The proposed action alternative is issuance 
of the ITP. To compensate for the destruction of 0.59 acres of FSJ 
habitat and the take of one FSJ family, the Applicant has proposed to 
preserve 0.10 acres of scrub on the Project site. Further, clearing of 
vegetation and/or construction would not be allowed within 46 meters of 
any active FSJ nest during the nesting season, approximately March 1 to 
June 30 to comply with State law. Based on the Applicant's HCP, 
financial compensation was also offered to the local chapter of the 
Audubon Society to be used for FSJ monitoring in southern Sarasota 
County, but the Audubon Society rejected the offer. The Service did not 
specifically request other mitigation for the Project's impacts and no 
other compensation was offered by the Applicant.
    As stated above, 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 NEPA. This preliminary information may 
be revised due to public comment received in response to this notice 
and is based on information contained in the EA and HCP. An appropriate 
excerpt from the FONSI reflecting the Service's finding on the 
application is provided below:
    Based on the analysis conducted by the Service, it has been 
determined that:
    1. Issuance of an ITP would not have significant effects on the 
human environment in the project area.
    2. The proposed take is incidental to an otherwise lawful activity.
    3. The Applicant has minimized impacts on the project site to the 
extent practicable.
    4. Other than impacts to the threatened species as outlined in the 
documentation of this decision, the indirect impacts which may result 
from issuance of the ITP are addressed by other regulations and 
statutes under the jurisdiction of other government entities. The 
validity of the Service's ITP is contingent upon the Applicant's 
compliance with the terms of the permit and all other laws and 
regulations under the control of State, local, and other Federal 
governmental entities.
    The Service will also evaluate whether the issuance of a Section 
10(a)(1)(B) ITP complies with Section 7 of the Act by conducting an 
intra-Service Section 7 consultation. The results of the biological 
opinion, in combination with the above findings, will be used in the 
final analysis to determine whether or not to issue the ITP.

    Dated: July 25, 1997.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 97-20433 Filed 8-1-97; 8:45 am]
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