[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51083-51084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17064]


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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 Charlotte County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mr. and Mrs. Nicholas Tamburri (Applicants) request an 
incidental take permit (ITP) for a period of one year, pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as 
amended (U.S.C. 1531 et seq.). The Applicants anticipate removal of 
about 1.2 acres of occupied Florida scrub-jay (Aphelocoma coerulescens) 
(scrub-jay) nesting, foraging, and sheltering habitat, incidental to 
partial land clearing of their 5-acre lot and subsequent residential 
construction of a single-family home and supporting infrastructure in 
Charlotte County, Florida. Up to three scrub-jay individuals could be 
taken as a result of the Applicants' proposed action. It is not 
currently known if these three scrub-jays are part of the same scrub-
jay family.
    The Applicants' 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. We announce the availability 
of the ITP application, HCP, and accompanying Environmental Assessment 
(EA). Copies of the application, HCP, and EA 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 Act and National Environmental Policy Act regulations 
(40 CFR 1506.6).

DATES: Written comments on the ITP application and HCP, and EA should 
be sent to the Service's Southeast Regional Office (see ADDRESSES) and 
should be received on or before October 28, 2005.

ADDRESSES: Persons wishing to review the application, HCP, and EA may 
obtain a copy by writing the Service's Southeast Regional Office at the 
address below. Please reference permit number TE093169-0 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 also 
at the South Florida Ecological Services Office, U.S. Fish and Wildlife 
Service, 1339 20th Street, Vero Beach, Florida 32960-3559 (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. Constance 
Cassler, Fish and Wildlife Biologist, South Florida Ecological Services 
Office (see ADDRESSES above), telephone: 772/562-3909, ext. 243.

SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit 
comments by any one of several methods. Please reference permit number 
TE093169-0 in such comments. You may mail comments to the Service's 
Southeast Regional Office (see ADDRESSES). You may also comment via the 
Internet to [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 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 (well-drained, sandy soil habitats 
supporting a 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 Florida has been exacerbated by tremendous urban growth 
in the past 50 years.
    Xeric upland vegetative communities in southwestern Florida are 
restricted primarily to ancient coastal dunes which are typically much 
dryer and less susceptible to flooding due to their deep, well-drained 
soils. Historically, these areas extended in a nearly continuous, 
narrow band along the western mainland portions of northern Charlotte 
to southern Hillsborough County. However, the same physical attributes 
that resulted in the evolution of xeric vegetation on these sandy dunes 
also provided sites for both agricultural and urban development. Over 
the past 50 years, these ancient dunes have served as the backbone of 
residential and commercial growth in southwestern Florida. The project 
area is under tremendous development pressure, as is much of Charlotte 
County. Much of the remaining scrub-jay habitat is now relatively small 
and isolated. What remains is largely degraded, due to interruption of 
the natural fire regime that is needed to maintain xeric uplands in 
conditions suitable for scrub-jays.
    Florida scrub-jays were documented using this residential lot on 
ten separate occasions between October 9 and October 16, 2002, by 
consultants from AMS Engineering and Environmental, Incorporated. Based 
on the consultant's report, it appears that at least three scrub-jays 
use this residential lot. It is not known whether these scrub-jays 
previously nested on the subject lot, though the birds roost regularly 
on a turkey oak there. Scrub-jays using the

[[Page 51084]]

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 land-
clearing 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 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 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 4, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-17064 Filed 8-26-05; 8:45 am]
BILLING CODE 4310-55-P