[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Page 35251-35252]
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 Residential Units in Palm Beach 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). Tierra del Sol at Jupiter, LLC (Applicant) 
request an ITP pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). The Applicant anticipates taking 
about 0.54 acre of foraging and sheltering habitat occupied by the 
threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) 
incidental to partial land clearing of their 4.07-acre lot and 
subsequent commercial and residential construction and supporting 
infrastructure in Palm Beach 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 27, 2007.

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 
TE154813-0, 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 TE154813-0 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.
    Construction for the Project will take place within Section 8, 
Township 41 South, Range 43 East, Jupiter, Palm Beach County, Florida. 
This property is within scrub-jay occupied habitat.
    The Applicant will place 0.99 acre of upland habitat, 0.68 acre of 
which is occupied by scrub-jay, on their 4.07-acre lot in a 
conservation easement which will be enhanced and managed for scrub-
jays. The conservation easement will be deeded to Palm Beach County

[[Page 35252]]

and will become part of the Jupiter Ridge Natural Area. In order to 
minimize take on-site the Applicant proposes to mitigate for the loss 
of 0.54 acre of scrub-jay habitat by contributing a total of $94,112.34 
to the Florida Scrub-jay Conservation Program Fund administered by The 
Nature Conservancy. Funds in this account are earmarked for use in the 
conservation and recovery of scrub-jays and may include habitat 
acquisition, restoration, and/or management. In addition, the Applicant 
will contribute $10,000 to the County's Natural Areas Stewardship 
Endowment Fund to provide for the perpetual management and maintenance 
of the preserve.
    The Service has 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). 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 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: June 21, 2007.
Paul Souza,
Field Supervisor, South Florida Ecological Services Field Office.
 [FR Doc. E7-12424 Filed 6-26-07; 8:45 am]