Florida Scrub-jay Frequently Asked Questions
07/02/2007
Frequently Asked Questions about Florida scrub-jays and property development in south Florida.
(Some of the documents on this page are in Adobe Acrobat (.pdf) format, so Acrobat Reader is required to read them. You can download the free reader program here.)
Q. What is a Florida scrub-jay and why is it listed as a threatened species?
The Florida scrub-jay is a unique and fascinating bird that lives only in Florida, and is federally listed as threatened due to various human pressures on it and its habitat. Detailed information on the Florida scrub-jay and its habitat is available from the South Florida Multi-Species Recovery Plan.
Q. Why do some counties require U.S. Fish and Wildlife Service (Service) review of a property before it can be built on?
Counties that have information on the locations of federally listed species seek concurrence from the Service and the Florida Fish and Wildlife Conservation Commission before issuance of building permits that may impact these species. This type of coordination is typically required by the county's Comprehensive Management Plan.
Q. What resources are available to determine if my property is occupied by scrub-jays?
If your property is within Sarasota County, you can find information on the Sarasota County property appraiser's website. Please be advised the GIS scrub-jay data are intended for information purposed only. Instructions on how to navigate the Sarasota County website are provided above.
If your property is within the City of North Port, there is a list of property identification numbers (PID) for parcels that may be occupied by the Florida scrub-jay. Click here for the North Port PID list.
If your property is within Charlotte County, you can find information at the Charlotte County website.
Please keep in mind, all applicable local, state, and Federal laws in regard to clearing and construction impacts still apply.
Q. What will I need to do in order to receive a building permit?
If you are planning to build within a year, check with a professional environmental consultant about the scrub-jay situation in your area. You can find environmental consultants listed in the telephone book or on the Sarasota County website. Some of these consultants also provide services in Charlotte County. Your consultant will advise you if a scrub-jay survey is needed for your parcel.
In Sarasota County, if your consultant advises that a scrub-jay survey is needed for your parcel, you would need to send the survey results and a Scrub-jay Review Package to the Fish and Wildlife Service for evaluation. The Scrub-jay Review Package is provided above.
In Charlotte County, if the survey is negative, you should to send the survey results and Scrub-jay Review Package to Charlotte County along with your building permit application. If your scrub-jay survey is positive, then send the results of the survey and Scrub-jay Review Package to the Fish and Wildlife Service for evaluation.
If the Fish and Wildlife Service determines that your lot is not occupied by the scrub-jay, then we will send written confirmation to the County once you have provided proof that a building permit application has been submitted.
If the Fish and Wildlife Service determines that your lot is occupied by the scrub-jay, we recommend that you apply for an Incidental Take Permit prior to building or clearing vegetation. This can be a lengthy process and requires mitigation. See below for more details on how to obtain an Incidental Take Permit.
Q. What if my property is found to be occupied by the Florida scrub-jay?
Under the Endangered Species Act, take of occupied habitat of a federally listed species such as the Florida scrub-jay requires an incidental take permit from the Fish and Wildlife Service. This permit allows the take of a federally listed species incidental to a lawful activity, such as residential home construction. An approved habitat conservation plan is needed to obtain an incidental take permit. A habitat conservation plan may include avoidance, minimization and mitigation of impacts to the Florida scrub-jay. An example of mitigation is habitat replacement at a ratio of 2:1, in the form of title to other occupied lands, conservation easements, purchase credit at a scrub-jay conservation bank, or payment to a scrub-jay land acquisition fund.
For more information on obtaining an incidental take permit and the habitat conservation plan process, please see the HCP page on our national website.
If you are interested in pursuing an incidental take permit and habitat conservation plan please contact our office at 772-562-3909.
Q. How long will this process take?
Currently it may take a year or more, from the time a complete application is received by our office until a permit is issued. We are working to identify ways to streamline the HCP process including batching small landowners together to reduce paperwork. We believe this will be more cost effective and efficient for all involved parties.
Q. What if I do not want to build on my property now?
Because it is difficult to predict the location or status of Florida scrub-jays in the future, we are advising property owners to contact this office at least one year prior to building on their property. Land owners are under no obligation to do anything unless they are proposing to develop their property and it is occupied by the Florida scrub-jay.
Q. Will I be able to sell my property?
Yes.
The sale or purchase of property alone will have no affect on listed species. Individuals interested in buying or selling property may contact a qualified environmental consultant to perform a due diligence review.
If you assume the Florida scrub-jay is present on your property you can obtain an incidental take permit that can be transfered with the property.
Q. What will happen to me if I clear land that is occupied by the Florida scrub-jay without an incidental take permit?
You may be in violation of the Endangered Species Act. Violation of the Endangered Species Act under 16 USC 1540 is a Class "A" misdemeanor, punishable by up to 1 year in jail, and/or up to a $100,000 fine for individuals or up to $200,000 for corporations. Civil penalties range up to $25,000.
For more information, write to:
U.S. Fish and Wildlife Service
South Florida Ecological Services Office
1339 20th Street
Vero Beach, Florida 32960
Or call our office: 772-562-3909
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