[Federal Register: April 6, 1999 (Volume 64, Number 65)] [Notices] [Page 16745-16747] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06ap99-89] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of an Application for an Incidental Take Permit for Construction on a Single-Family Lot, in Volusia County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Linda B. Walters (Applicant), is seeking an incidental take permit (ITP) from the Fish and Wildlife Service (Service), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The ITP would authorize incidental take of the Florida scrub- jay (Aphelocoma coerulescens) and the eastern indigo snake (Drymarchon corais couperi), both threatened species, on a single family lot for a period of twenty (20) years. The proposed taking is incidental to land clearing and other activities associated with the construction of a single family home on a .685-acre lot in Volusia County, Florida (Project). Surveys on the Project site indicate that one family of Florida scrub-jays occupies the Project site. No eastern indigo snakes have been reported on the property; however, the Applicant has requested that the eastern indigo snake be included in the ITP based on the chance that this species could occur on the project site. A description of the mitigation and minimization measures outlined the Applicant's Habitat Conservation Plan (HCP) to address the effects of the Project to the protected species is as described further in the SUPPLEMENTARY INFORMATION section below. Further, the Service has determined that the Applicant's HCP qualifies as a ``low-effect'' HCP as defined by the Service's Habitat Conservation Planning Handbook (November 1996). The Service has further determined that approval of the HCP qualifies as a categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Copies of the Applicant's 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 Act and NEPA regulations (40 CFR 1506.6). The Service specifically requests information, views, opinions from the public via this Notice, including information regarding the adequacy of [[Page 16746]] the HCP as measured against the Service's ITP issuance criteria found in 50 CFR Parts 13 and 17. DATES: Written comments on the application and HCP should be sent to the Service's Regional Office (see ADDRESSES) and should be received on or before May 6, 1999. ADDRESSES: Persons wishing to review the HCP may obtain a copy by writing the Service's Southeast Regional Office, Atlanta, Georgia. 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 South Point Drive, South, Suite 310, Jacksonville, Florida 32216-0912. Written data or comments should be submitted to the Regional Office. Requests for the documentation must be in writing to be processed. Comments must be submitted in writing to be processed. Please reference permit number TE008789-0 in such comments, or in requests of the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile: 404/679-7081. SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens is geographically isolated from other subspecies of scrub-jays found in Mexico and the Western United States. The Florida scrub-jay is found almost exclusively in peninsular Florida and is restricted to scrub habitat. The total estimated population is between 7,000 and 11,000 individuals. Due to habitat loss and degradation throughout the State of Florida, it has been estimated that the Florida scrub-jay population has been reduced by at least half in the last 100 years. Surveys have indicated that one family of Florida scrub-jays inhabit the Project site. Construction of the Project's infrastructure, commercial construction and construction of the individual home sites will likely result in death of, or injury to, Aphelocoma coerulescens incidental to the carrying out of these otherwise lawful activities. Habitat alteration associated with property development will reduce the availability of feeding, shelter, and nesting habitat. Section 9 of the Act, and implementing regulations, prohibits taking the Florida scrub-jay and eastern indigo snake. Taking, in part, is defined as an activity that kills, injures, harms, or harasses a listed endangered or threatened species. Section 10(a)(1)(B) of the Act provides an exemption, under certain circumstances, to the Section 9 prohibition if the taking is incidental to, and not the purpose of otherwise lawful activities. Observations by Service biologists documented the presence of one family of Florida scrub-jays and use of suitable habitat on the applicant's property. The .685 acres of occupied habitat on the site is very overgrown due to fire suppression and a lack of any kind of management. The surrounding area is intensely developed with only scattered fragments of scrub habitat remaining. No evidence of eastern indigo snakes were found on the property; however, the applicant is requesting to be protected under an incidental take provision since this wide ranging species potentially may use the site. Initial construction of a single family home would sufficiently modify and cause impacts to occupied Florida scrub-jay habitat on the project site, as to meet the definition of ``take'' in the Act. The HCP describes measures the Applicant will take to avoid and mitigate such taking resulting from the Project. To minimize impacts, the Applicant will ensure clearing of vegetation within 150 feet of active nests will not take place during the nesting season for Florida scrub-jays (March 1 through July 1). Appendix C of the habitat conservation plan (HCP) details the avoidance measures that the Applicant has agreed to implement to reduce potential impacts to any eastern indigo snakes which may be found on the project site. To mitigate for the up to .685 acres of occupied habitat that would be eliminated on-site, the applicant will contribute $8631.00 to the National Fish and Wildlife Foundation Fund for the conservation and management of the Florida scrub-jay. This money will be used, along with other funds received from Section (a)(1)(B) permits, to purchase scrub-jay habitat in Volusia County, Florida. This amount is based on replacement at a rate of 2:1 (replaced: lost), provides a $1,000 per acre management endowment for perpetual management, and includes a five percent fee for the administration of the National Fish and Wildlife Foundation account. Once purchased, the land will be transferred to a third party land management organization along with the $1,000 per acre management endowment for management into perpetuity. This will be accomplished through the use of a conservation easement, specifying that the land be left undeveloped and managed into perpetuity. It is believed that ensuring the protection and viability of quality, occupied habitat in a large contiguous preserve is more beneficial to the scrub-jay and indigo snake than any on-site mitigation plan could offer. No mitigation other than the standard protection measures are offered for the eastern indigo snake, although that species would also generally benefit from conservation and management of a large tract of land. As earlier stated, the Service has determined that the Plan qualifies as a ``low-effect'' HCP as defined by the Service's Habitat Conservation Planning Handbook (November 1996). Low-effect HCPs are those involving: (1) Minor or negligible effects on federally listed and 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, eastern indigo snake, and their habitats. The Service does not anticipate significant direct or cumulative effects to the Florida scrub-jay or eastern indigo snake resulting from construction of the 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 future actions with potentially significant environmental effects. The Service has therefore 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). No further NEPA documentation will therefore be prepared. The Service will evaluate the HCP and comments submitted thereon to determine whether the eastern indigo [[Page 16747]] snake. The Service will also evaluate whether the issuance of a Section 10(a)(1)(B) ITP complies with Section 7 of the Act by conducting an intra-Service Section 7 consultation. The results of the consultation, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITP; the final decision will be made no sooner than 30 days from the date of this notice. Dated: March 29, 1999. H. Dale Hall, Deputy Regional Director. [FR Doc. 99-8403 Filed 4-5-99; 8:45 am] BILLING CODE 4310-55-P