[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Notices]
[Pages 18106-18107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8415]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Receipt of an Application To Renew an Incidental Take 
Permit by O.C. Mendes for Residential Development in Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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    The Permittee, O.C. Mendes, seeks renewal of an incidental take 
permit (ITP) originally issued August, 1994 by the Fish and Wildlife 
Service (Service) pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). The proposed take would be 
incidental to otherwise lawful activities, including residential 
development on private land owned by the Permittee. The Permittee has 
implemented the provisions of the previously approved Habitat 
Conservation Plan (HCP), as required by section 10(a)(2)(B) of the Act, 
to minimize and mitigate for the incidental take of the Federally 
threatened Florida scrub-jay (Aphelocoma coerulescens).
    The subject permit authorized take of one family of Florida scrub-
jays on approximately 5 acres of the Permittee's land in Brevard 
County, Florida. The Permittee has not initiated land clearing in 
preparation for construction since permit issuance. Due to natural 
forest succession and a lack of wildfire or controlled burning since 
1994, the property has diminished in value for Florida scrub-jays and 
they currently do not occur there. The Permittee wishes to retain 
incidental take authority due to the uncertainty of scrub-jays 
reoccupying the site. A more detailed description of the mitigation and 
minimization measures to address the effects of the Project to the 
Florida scrub-jay is provided in the Permittee's HCP, the Service's 
Environmental Assessment (EA), and in the SUPPLEMENTARY INFORMATION 
section below.
    The Service has determined that the previously approved 
Environmental Assessment (EA) and Habitat Conservation Plan for 
Incidental Take do not need amendment. Copies of the EA, HCP, and 
previously issued permit may be obtained by making a request to the 
Regional Office (see ADDRESSES). Requests must be in writing to be 
processed. The Service has determined that the Permittee's request for 
renewal will individually and cumulatively have a minor or negligible 
effect on the species covered in the HCP. Therefore, renewal of the ITP 
is a ``low effect'' project and would qualify as a categorical 
exclusion under the National Environmental Policy Act (NEPA), as 
provided by the Department of Interior Manual (516 DM2, Appendix 1 and 
516 DM 6, Appendix 1).
    The Service specifically requests information, views, and opinions 
from the public via this Notice on the federal action, including the 
identification of any other aspects of the human environment not 
already identified in the Service's EA. Further, the Service 
specifically solicits information regarding the adequacy of the HCP as 
measured against the Service's ITP issuance criteria found in 50 CFR 
parts 13 and 17.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference permit number TE791244-2 in such 
comments. You may mail comments to the Service's Regional Office (see 
ADDRESSES). You may also comment via the internet to 
``[email protected]''. Please submit comments over the internet as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Please also include your name and return address in your 
internet message. If you do not receive a confirmation from the Service 
that we have received your internet message, contact us directly at 
either telephone number listed below (see FURTHER INFORMATION). 
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.

DATES: Written comments on the ITP application, draft EA, and HCP 
should be sent to the Service's Regional Office (see ADDRESSES) and 
should be received on or before May 7, 2001.

[[Page 18107]]


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, Ecological Services Field Office, 6620 Southpoint 
Drive, South, Suite 310, Jacksonville, Florida 32216-0192. Written data 
or comments concerning the ITP renewal or HCP should be submitted to 
the Regional Office. Please reference permit number TE791244-2 in 
requests of the documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP 
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile: 
404/679-7081; or Ms. Jane Monaghan, Fish and Wildlife Biologist, 
Jacksonville Field Office, Florida (see ADDRESSES above), telephone: 
904/232-2580.

SUPPLEMENTARY INFORMATION: The Florida scrub-jay (scrub-jay) is 
geographically isolated from other subspecies 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.
    The decline in the number and distribution of scrub-jays in 
southwestern 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 southwest 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 scrub-jay survey provided by the Permittee during project 
planning indicated that one family used the site and surrounding 
suitable habitat areas. The Applicant proposed to impact a portion of 
the territories of this family. Initial construction of roads and 
utilities and subsequent development of individual home sites was 
expected to result in death of, or injury to, scrub-jays incidental to 
the carrying out of these otherwise lawful activities. Habitat 
alteration associated with property development may have reduced the 
availability of feeding, shelter, and nesting habitat.
    To minimize and mitigate the impacts of the loss of 1.35 acres of 
scrub-jay habitat, the Permittee purchased 3.0 acres of scrub habitat 
known to support the scrub-jay, deeded the property to Brevard County, 
and provided a management endowment of $3,000 to ensure management of 
the site in perpetuity. Other measures proposed by the Applicant 
include siting of individual building footprints to minimize additional 
scrub habitat alteration, and protection of active nests, if 
discovered, during the nesting season. No additional mitigation 
measures are proposed for the renewal.
    Under section 9 of the Act and its implementing regulations, 
``taking'' of endangered and threatened wildlife is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take such wildlife if the taking is incidental to and not the purpose 
of otherwise lawful activities. The Permittee has implemented an HCP as 
required by previous issuance of the incidental take permit 
application.
    As stated above, the Service has made a preliminary determination 
that renewal 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.
    The Service will also evaluate whether the renewal 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 reissue the ITP.

    Dated: March 27, 2001.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 01-8415 Filed 4-4-01; 8:45 am]
BILLING CODE 4310-55-P