[Federal Register: March 25, 2004 (Volume 69, Number 58)]
[Notices]
[Page 15360-15362]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr04-84]
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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 Single-Family Home in the City of Palm Bay, Brevard
County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Mr. and Mrs. James Elliott and Mr. and Mrs. Jose Gracia
(Applicants) request an incidental take permit (ITP) pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531
et seq.), as amended (Act). The Applicants anticipate taking about one-
half acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay)
foraging habitat, incidental to lot preparation for the construction of
a single-family home and supporting infrastructure in the City of Palm
Bay, Brevard County, Florida (Project). The destruction of one-half
acre of foraging habitat is expected to result in the take of one
family of scrub-jays.
The Applicants' 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. We have 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 ``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). We announce the availability of the HCP for the
incidental take application. Copies of the HCP may be obtained by
making a request to the Regional Office (see ADDRESSES). Requests must
be in writing to be processed. This notice is provided pursuant to
Section 10 of the Endangered Species Act and NEPA regulations (40 CFR
1506.6).
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 April 26, 2004.
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 TE070785-0 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: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Mr. Mike Jennings, Fish and Wildlife Biologist,
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above),
telephone: 904/232-2580.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE070785-0 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 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 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
[[Page 15361]]
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.
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.
Residential construction will take place within section 5, Township
29 South, Range 37 East, Palm Bay, Brevard County, Florida, on lots 7
and 8 of Block 329, Port Malabar Unit 9. Lots 7 and 8 are within 438
feet of locations where scrub-jays were sighted during 2001-2002
surveys for this species. 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 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.
The subject residential parcel lies within a ``high density'' urban
setting, and the corresponding territory size of the resident scrub-
jays has been estimated to range from 5.2 to 10.8 acres based on
average territory sizes of scrub-jay in other urban areas. Data
collected from 12 scrub-jay families within the city limits of Palm Bay
during the 2000 and 2001 nesting seasons provided information about
survival and reproductive success of scrub-jays, but did not attempt to
estimate territory sizes. This information indicated that territory
boundaries tended to shift from year to year, making calculations of
territory size difficult. Similarly, point data do not reliably
indicate occupied habitat over time since birds in urban settings tend
to move within and between years. Thus, using known territory
boundaries and point data to delineate occupied habitat likely
underestimates areas occupied by scrub-jays.
To assess whether the Applicant's parcels were within occupied
scrub-jay habitat, we calculated the maximum average ``shift'' in
territories locations between 2000 and 2001. Based on these estimates,
we calculated a maximum average shift of 438 feet between years. We
subsequently used the 438 feet as a buffer to surround known territory
boundaries and point locations for scrub-jays. We reasoned that 438
feet represented a biologically-based buffer, within which scrub-jays
were likely to occur. Application of the 438 buffer to known
territories and point locations provides a quantitative method to
delineate occupied scrub-jay habitat in highly urbanized areas within
the city limits of Palm Bay.
The Applicant's residential lots fall within the 438 buffer
established for known scrub-jay territories and/or point data. Although
the applicant's property lacks substantial woody vegetation typically
required for scrub-jay nesting and sheltering habitat, it does provide
suitable foraging habitat. Accordingly, loss of this habitat due to
residential construction will result in the destruction of scrub-jay
foraging habitat.
The Applicants do not propose to implement on-site minimization
measures to reduce take of scrub-jays. Both lots, in combination,
encompass about 0.5 acres and the footprint of the home, 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 Applicants propose to mitigate for the loss of 0.5 acres of
scrub-jay habitat by contributing $6,700 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 $6,700 is sufficient
to acquire and perpetually manage 1.0 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.
As stated above, we have determined that the HCP is a low-effect
plan that is categorically excluded from further NEPA analysis, and
does not require the preparation of an EA or EIS. This preliminary
information may be revised due to public comment received 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 Applicant's 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
[[Page 15362]]
future actions with potentially significant environmental effects.
We have determined that approval of the Plan qualifies as a
categorical exclusion under the NEPA, as provided by the Department of
the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1).
Therefore, no further NEPA documentation will be prepared.
We 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: March 11, 2004.
J. Mitch King,
Acting Regional Director.
[FR Doc. 04-6667 Filed 3-24-04; 8:45 am]
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