[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Page 3478-3479]
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 Charlotte County, FL

AGENCY: Fish and Wildlife Service, Interior.

[[Page 3479]]

ACTION: Notice.


SUMMARY: We, the Fish and Wildlife Service (Service), announce the 
availability of an incidental take permit (ITP) and Habitat 
Conservation Plan (HCP). Bruce Barth (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 0.34 acre of 
foraging and sheltering habitat occupied by the threatened Florida 
scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to lot 
preparation for the construction of a single-family home 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 February 19, 2008.

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 
TE171477-0, 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 TE171477-0 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, email 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 Barth HCP will take place within 
section 11, Township 41, Range 20, Englewood, Charlotte County, 
Florida, at 7185 Rosemont Drive. This lot is within scrub-jay occupied 
    The lot encompasses about 0.34 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 Applicant 
proposes to mitigate for the loss of 0.34 acre of scrub-jay habitat by 
contributing a total of $70,722.72 to the Florida Scrub-jay 
Conservation Fund administered by The Nature Conservancy or acquire 
0.68 acre of credit in a Service approved conservation bank. The 
Conservation Fund is earmarked for use in the conservation and recovery 
of scrub-jays and may include habitat acquisition, restoration, and/or 
    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: December 18, 2007.
Paul Souza,
Field Supervisor, South Florida Ecological Services Office.
 [FR Doc. E8-825 Filed 1-17-08; 8:45 am]