[Federal Register: June 21, 2007 (Volume 72, Number 119)]
[Page 34271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 34271]]



Fish and Wildlife Service

Receipt of an Application for an Incidental Take Permit for
Construction of the Fire Station/Emergency Medical Services (EMS) 11
Facility in Charlotte County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of an incidental take permit (ITP) and Habitat
Conservation Plan (HCP). Charlotte County Facilities Construction and
Maintenance (applicant) requests an ITP pursuant to section 10(a)(1)(B)
of the Endangered Species Act of 1973, as amended (Act). The applicant
anticipates taking about 4.56 acres (1.85 hectares (ha)) of Florida
scrub-jay (Aphelocoma coerulescens) (scrub-jay) foraging and sheltering
habitat incidental to lot preparation for the construction of the Fire
Station/EMS 11 facility and supporting infrastructure in Charlotte
County, Florida (project). The applicant's HCP describes the mitigation
and minimization measures proposed to address the effects of the
project on the Florida scrub-jay.

DATES: We must receive your written comments on the ITP application and
HCP on or before July 23, 2007.

ADDRESSES: See SUPPLEMENTARY INFORMATION section below for information
on how to submit your comments on the ITP application and HCP. You may
obtain a copy of the ITP application and HCP by writing to the South
Florida Ecological Services Office, Attn: Permit number TE108859-0,
U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-
3559. In addition, we will make the ITP application and HCP available
for public inspection by appointment during normal business hours at
the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Trish Adams, Fish and Wildlife
Biologist, South Florida Ecological Services Office (see ADDRESSES);
telephone: (772) 562-3909, ext. 232.

SUPPLEMENTARY INFORMATION: If you wish to comment on the ITP
application and HCP, you may submit comments by any one of the
following methods. Please reference permit number TE108859-0 in such
    1. Mail or hand-deliver comments to our South Florida Ecological
Services Office address (see ADDRESSES).
    2. E-mail comments to trish_adams@fws.gov. If you do not receive a
confirmation that we have received your e-mail message, contact us
directly at the telephone number listed under FOR FURTHER INFORMATION
    Before including your address, phone number, e-mail address, or
other personal identifying information in your comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
    Construction for the Fire Station/EMS 11 HCP will take place within
Section 16, Township 40 South, Range 23 East, Punta Gorda, Charlotte
County, Florida, at 2403 Highlands Road, in the Harbor Heights
Subdivision. This lot is within scrub-jay occupied habitat.
    The lot encompasses about 4.56 acres (1.85 ha), and the footprint
of the project facility, infrastructure, and landscaping precludes
retention of scrub-jay habitat on this lot. In order to minimize take
on site, the applicant proposes to mitigate for the loss of 4.56 acres
(1.85 ha) of scrub-jay habitat by restoring and managing 9.02 acres
(3.65 ha) of a conservation easement that they have acquired for scrub-
    We have determined that the applicant's proposal, including the
proposed mitigation and minimization measures, will 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 the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6
Appendix 1). 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. Based on our review of public comments that we
receive in response to this notice, we may revise this preliminary
    We 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 we determine that the
application meets the requirements, we will issue the ITP for
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. We will use
the results of this consultation, in combination with the above
findings, in the final analysis to determine whether or not to issue
the ITP.

    Authority: We provide this notice pursuant to Section 10 of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and NEPA regulations
(40 CFR 1506.6).

    Dated: June 8, 2007.
Paul Souza,
Field Supervisor, South Florida Ecological Services Field Office.
[FR Doc. E7-12001 Filed 6-20-07; 8:45 am]