[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Notices]
[Pages 41969-41970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20433]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment, Finding of No
Significant Impact, and Receipt of an Application for an Incidental
Take Permit for Construction of a Single Family Residence in Charlotte
County, Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Mr. E.J. Mouhot (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 the take of one family of the
threatened Florida scrub jay (FSJ), Aphelocoma coerulescens
coerulescens for a period of six months. The proposed taking is
incidental to construction of a single family home on about 0.69 acres
(Project) in section 9, Township 40 South, Range 19 East, Charlotte
County, Florida. The Applicant's Project is located within an existing
(though incomplete) residential subdivision known as Manasota Gardens.
A description of the mitigation and minimization measures outlined in
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.
The Service also announces the availability of an environmental
assessment (EA) and HCP for the incidental take application. Copies of
the EA and/or HCP may be obtained by making a request to the Regional
Office (see ADDRESSES). Requests must be in writing to be processed.
This notice also advises the public that the Service has made a
preliminary determination that issuing the ITP is not a major Federal
action significantly affecting the quality of the human environment
within the meaning of Section 102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA), as amended. The Finding of No Significant
Impact (FONSI) is based on information contained in the EA and HCP. The
final determination will be made no sooner than 30 days from the date
of this notice. This notice is provided pursuant to Section 10 of the
Act and NEPA regulations (40 CFR 1506.6). The Service specifically
requests comment on the appropriateness of the ``No Surprises''
assurances should the Service determine that an ITP will be granted and
based upon the submitted HCP. Although not explicitly stated in the
HCP, the Service has, since August 1994, announced its intention to
honor a ``No Surprises'' Policy for applicants seeking ITPs. Copies of
the Service's ``No Surprises'' Policy may be obtained by making a
written request to the Regional Office (see ADDRESSES). The Service is
soliciting public comments and review of the applicability of the ``No
Surprises'' Policy to this application and HCP.
DATES: Written comments on the permit application, EA, and HCP should
be sent to the Service's Regional Office (see
[[Page 41970]]
ADDRESSES) and should be received on or before September 3, 1997.
ADDRESSES: Persons wishing to review the application, HCP, and EA 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, South Florida Ecosystem Office, Post Office Box 2676,
Vero Beach, Florida 32961-2676. Written data or comments concerning the
application, EA, or HCP 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 PRT-832536 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; or Mr.
Mike Jennings, Fish and Wildlife Biologist, South Florida Ecosystem
Office , (see ADDRESSES above), telephone: 561/562-3909.
SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens coerulescens is
geographically isolated from other subspecies of scrub jays found in
Mexico and the Western United States. The FSJ 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 FSJ has been reduced by at least half in
the last 100 years.
The status of FSJs in southwest Florida cannot accurately be
estimated because no historical biological data exists with which to
compare current species status. Based on the information identified in
the Service's EA, the Service concludes that xeric habitats have been
destroyed or degraded because of agricultural and urban uses, but FSJ
responses to habitat disturbances are not well documented. However,
based on existing soils data, the Service believes that much of the FSJ
habitat that was once widespread along a narrow strip along coastal and
riverine portions of Lee, Charlotte, and Sarasota counties has been
lost. Because of the loss in habitat, the Service concludes that the
number and distribution of FSJs has also declined.
FSJ families occupying the Project site and Manasota Gardens
Subdivision are part of a larger complex of FSJ families that persist
in southwest Sarasota and northwest Charlotte counties. FSJ inhabiting
the Project site represent one of eight confirmed FSJ families that
reside within the Manasota Gardens Subdivision. The status of FSJ
within the Project site and adjacent areas is not secure over the long
term. Recent biological studies of the FSJ population suggests that FSJ
families within Manasota Gardens Subdivision will likely decline in the
future due to decreasing habitat quality and availability because of
habitat fragmentation associated with residential development. The
Service, through consultation with other experts, believes that FSJs
will decline, over time, in residential settings.
Construction of the Project's infrastructure and subsequent
construction of the individual homesites will likely result in death
of, or injury to, Aphelocoma coerulescens 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.
The EA considers the environmental consequences of two
alternatives. The no action alternative may result in loss of habitat
for Aphelocoma coerulescens coerulescens and exposure of the Applicant
under Section 9 of the Act. The proposed action alternative is issuance
of the ITP. To compensate for the destruction of 0.59 acres of FSJ
habitat and the take of one FSJ family, the Applicant has proposed to
preserve 0.10 acres of scrub on the Project site. Further, clearing of
vegetation and/or construction would not be allowed within 46 meters of
any active FSJ nest during the nesting season, approximately March 1 to
June 30 to comply with State law. Based on the Applicant's HCP,
financial compensation was also offered to the local chapter of the
Audubon Society to be used for FSJ monitoring in southern Sarasota
County, but the Audubon Society rejected the offer. The Service did not
specifically request other mitigation for the Project's impacts and no
other compensation was offered by the Applicant.
As stated above, the Service has made a preliminary determination
that the issuance of the ITP is not a major Federal action
significantly affecting the quality of the human environment within the
meaning of Section 102(2)(C) of NEPA. This preliminary information may
be revised due to public comment received in response to this notice
and is based on information contained in the EA and HCP. An appropriate
excerpt from the FONSI reflecting the Service's finding on the
application is provided below:
Based on the analysis conducted by the Service, it has been
determined that:
1. Issuance of an ITP would not have significant effects on the
human environment in the project area.
2. The proposed take is incidental to an otherwise lawful activity.
3. The Applicant has minimized impacts on the project site to the
extent practicable.
4. Other than impacts to the threatened species as outlined in the
documentation of this decision, the indirect impacts which may result
from issuance of the ITP are addressed by other regulations and
statutes under the jurisdiction of other government entities. The
validity of the Service's ITP is contingent upon the Applicant's
compliance with the terms of the permit and all other laws and
regulations under the control of State, local, and other Federal
governmental entities.
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 biological
opinion, in combination with the above findings, will be used in the
final analysis to determine whether or not to issue the ITP.
Dated: July 25, 1997.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 97-20433 Filed 8-1-97; 8:45 am]
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