[Federal Register: April 30, 2007 (Volume 72, Number 82)]
[Page 21282-21283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of an Application for an Incidental Take Permit for 
Construction of a Single-Family Home in Sarasota 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). Patrick McShane and Martha Dey (Applicants) 
request an ITP pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). The Applicants anticipate taking 
about 0.31 acre of Florida scrub-jay (Aphelocoma coerulescens) (scrub-
jay) foraging and sheltering habitat incidental to lot preparation for 
the construction of a single-family home and supporting infrastructure 
in Sarasota County, Florida (Project). The destruction of 0.31 acre of 
foraging and sheltering habitat is expected to result in the take of 
one family of scrub-jays. The Applicants' 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 May 30, 2007.

ADDRESSES: See the Public Comments Solicited 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: South Florida Ecological Services Field Office, Attn: Permit number 
TE146270-0, U.S. Fish and Wildlife Service, 1339 20th Street, Vero 
Beach, Florida 32960-3559. In addition, we will make the ITP 
application and HCP available for public inspection by appointment 
during normal business hours at the South Florida Ecological Services 
Office 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 several 
methods. Please reference permit number TE146270-0 in such comments. 
You may mail comments to the Service's South Florida Ecological 
Services Office (see ADDRESSES). You may also e-mail your comments to 
trish_adams@fws.gov. If you do not receive a confirmation from us that 

we have received your e-mail message, contact us directly at the 
telephone number listed under FOR FURTHER INFORMATION CONTACT. Finally, 
you may hand deliver comments to the South Florida Ecological Service 
Office (see ADDRESSES).
    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.
    Residential construction for the McShane and Dey HCP will take 
place within Section 34, Township 39, Range 22, North Port, Sarasota 
County, Florida, at Pilgrim Road, Lot 9, Block 2026 of the 44th 
Addition to Port Charlotte Subdivision, Florida. This lot is within 
scrub-jay occupied habitat.
    The lot encompasses about 0.31 acre, and the footprint of the home, 
infrastructure, and landscaping precludes retention of scrub-jay 
habitat on this lot. In order to minimize take onsite the Applicants 
propose to mitigate for the loss of 0.31 acre of scrub-jay habitat by 
contributing a total of $36,106.98 to the Florida Scrub-jay 
Conservation Fund administered by The Nature Conservancy. 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 
    The Service has determined that the Applicants' 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). This preliminary information may be revised based on our 
review of public comments that we receive in response to this notice. 
Low-effect HCPs are those involving (1) minor or negligible effects on 
federally listed or candidate species

[[Page 21283]]

and their habitats, and (2) minor or negligible effects on other 
environmental values or resources.
    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 (16 U.S.C. 1531 et seq.). If it is determined that 
those requirements are met, the ITP will be issued for the incidental 
take of the Florida scrub-jay. The Service 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 

    Authority: This notice is provided pursuant to section 10 of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and NEPA regulations 
(40 CFR 1506.6).

    Dated: April 24, 2007.
Paul Souza,
Field Supervisor, South Florida Ecological Services Field Office.
 [FR Doc. E7-8159 Filed 4-27-07; 8:45 am]