Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices 58785

The draft Recovery Plan is being

submitted for technical and agency

review. After consideration of

comments received during the review

period, the Plan will be submitted for

final approval.

Public Comments Solicited

The Service solicits written comments

on the Recovery Plan described. All

comments received by the date specified

above will be considered prior to

approval of the Plan.

Authority: The authority for this action is

Section 4(f) of the Endangered Species Act,

16 U.S.C. 1533(f).

Dated: September 21, 2000.

J. Mitch King,

Acting Regional Director.

[FR Doc. 00–25107 Filed 9–29–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Receipt of an Application for an

Incidental Take Permit for

Construction of a Single-family Home

in the Town of Venice, Sarasota

County, Florida

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

Mr. Jack Grimes (Applicant) requests

an incidental take permit (ITP) pursuant

to section 10(a)(1)(B) of the Endangered

Species Act of 1973 (U.S.C. 1531 et

seq.), as amended (Act). The Applicant

anticipates taking about one-half acre of

Florida scrub-jay (Aphelocoma

coerulescens) habitat, incidental to land

clearing in preparation for the

construction of a single-family home

and supporting infrastruture. Land

clearing will take place within section

33, Township 39 South, Range 19 East,

Venice, Sarasota County, Florida. The

Applicant proposes to mitigate the

taking of scrub-jays through

contribution of $1,000 to the Florida

Scrub-jay Conservation Fund.

Land clearing and infrastructure

installation will destroy about one-half

acre of habitat known to be occupied by

one family of scrub-jays. A more

detailed description of the mitigation

and minimization measures to address

the effects of the Project to the scrub-jay

are outlined in the Applicant’s Habitat

Conservation Plan (HCP) and in the

SUPPLEMENTARY INFORMATION section

below. The Service has determined that

the Applicant’s proposal, including the

proposed mitigation and minimization

measures, will individually and

cumulatively have a minor or negligible

effect on the species covered in the

HCP. Therefore, the ITP is a ‘‘low effect’’

project and would qualify as a

categorical exclusion under the National

Environmental Policy Act (NEPA), as

provided by the Department of Interior

Manual (516 DM2, Appendix 1 and 516

DM 6, Appendix 1).

The Service announces the

availability of the HCP for the incidental

take application. Copies of the 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

Endangered Species Act and NEPA

regulations (40 CFR 1506.6).

The Service specifically requests

information, views, and opinions from

the public via this Notice on the Federal

action. Further, the Service specifically

solicits information regarding the

adequacy of the HCP as measured

against the Service’s Permit issuance

criteria found in 50 CFR Parts 13 and

17.

If you wish to comment, you may

submit comments by any one of several

methods. Please reference permit

number TE033098–0 in such comments.

You may mail comments to the

Service’s Regional Office (see

ADDRESSES). You may also comment via

the internet to ‘‘david_dell@fws.gov’’.

Please submit comments over the

internet as an ASCII file avoiding the

use of special characters and any form

of encryption. Please also include your

name and return address in your

internet message. If you do not receive

a confirmation from the Service that we

have received your internet message,

contact us directly at either telephone

number listed below (see FURTHER

INFORMATION). Finally, you may hand

deliver comments to either Service

office listed below (see ADDRESSES). Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the administrative record. We will

honor such requests to the extent

allowable by law. There may also be

other circumstances in which we would

withhold from the administrative record

a respondent’s identity, as allowable by

law. If you wish us to withhold your

name and address, you must state this

prominently at the beginning of your

comments. We will not; however,

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

DATES: Written comments on the ITP

application and HCP should be sent to

the Service’s Regional Office (see

ADDRESSES) and should be received on

or before November 1, 2000.

ADDRESSES: Persons wishing to review

the application, supporting

documentation, and 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, Post Office Box

2676, Vero Beach, Florida 32961–2676.

Written data or comments concerning

the application, or HCP should be

submitted to the Regional Office. Please

reference permit number TE033098–0 in

requests for the documents discussed

herein.

FOR FURTHER INFORMATION CONTACT: Mr.

David Dell, Regional HCP Coordinator,

(see ADDRESSES above), telephone: 404/

679–7313, facsimile: 404/679–7081; or

Mr. Mike Jennings, Fish and Wildlife

Biologist, South Florida Ecosystem

Office, Vero Beach, Florida (see

ADDRESSES above), telephone: 561/562–

3909.

SUPPLEMENTARY INFORMATION: The

Florida scrub-jay (scrub-jay) is

geographically isolated from other

subspecies of scrub-jays found in

Mexico and the western United States.

The scrub-jay is found exclusively in

peninsular Florida and is restricted to

xeric uplands (predominately in oakdominated scrub). Increasing urban and

agricultural development have resulted

in habitat loss and fragmentation which

has adversely affected the distribution

and numbers of scrub-jays. The total

estimated population is between 7,000

and 11,000 individuals.

The decline in the number and

distribution of scrub-jays in

southwestern Florida has been

exacerbated by tremendous urban

growth in the past 50 years. Much of the

historic commercial and residential

development has occurred on the dry

soils which previously supported scrubjay habitat. Based on existing soils data,

much of the historic and current scrubjay habitat of coastal southwest Florida

occurs proximal to the current shoreline

and larger river basins. Much of this

area of Florida was settled early because

few wetlands restricted urban and

agricultural development. Due to the

58786 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Notices

effects of urban and agricultural

development over the past 100 years,

much of the remaining scrub-jay habitat

is now relatively small and isolated.

What remains is largely degraded due to

the exclusion of fire which is needed to

maintain xeric uplands in conditions

suitable for scrub-jays.

Recent scrub-jay surveys in urban

areas of southwest Florida documented

that the subject residential parcel is part

of the territory of one family of birds

that is composed of seven individuals.

A one-day survey undertaken by the

Applicant supported these findings

when two juvenile birds were

documented within the subject

residential parcel. The extent of the

territory and its relative importance to

the resident family of scrub-jays has not

been determined. However, the

residential parcel is composed of native

xeric vegetation of sufficient quality to

provide food resources and nesting and

sheltering habitat for scrub-jays.

Scrub-jays using the subject

residential lot and adjacent properties

are part of a larger complex of scrub-jays

located in urban settings in coastal areas

of southern Sarasota County and

western Charlotte County. Thirteen

scrub-jay families are known to occupy

urban areas within about three miles of

the subject residential parcel. More than

100 scrub-jay families may still exist

within the metapopulation of birds

found in the matrix of urban and natural

areas of coastal Sarasota and Charlotte

counties. However, scrub-jays in urban

areas are particularly vulnerable and

typically do not successfully produce

young that survive to adulthood.

Persistent urban growth in this area will

likely result in further reductions in the

amount of suitable habitat for scrubjays. Increasing urban pressures are also

likely to result in the continued

degradation of scrub-jay habitat as fire

exclusion due to safety concerns slowly

results in vegetative overgrowth. The

continued survival of a large scrub-jay

population in southwest Florida will be

dependent on the protection and

management of large preserves.

Construction of the Project’s

infrastructure and facilities will result

in harm to scrub-jays, incidental to the

carrying out of these otherwise lawful

activities. Habitat alteration associated

with the proposed residential

construction will reduce the availability

of feeding, nesting, and sheltering

habitat of resident scrub-jays.

The Applicant proposes to minimize

take of scrub-jays by reducing

disturbance to occupied habitat.

Approximately 25 percent (or 0.13

acres) of occupied habitat on the

residential lot will not be disturbed

during land clearing and construction

activities. In addition, the Applicant

proposes to remove up to four pine trees

on the residential lot. Removal of these

trees will eliminate perch sites for

predatory birds and may reduce the risk

that raptors will kill scrub-jays.

As earlier stated, the Service has

determined that the HCP qualifies as a

Categorically-Excluded, ‘‘low-effect’’

HCP as defined by 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. The Service does not

anticipate significant direct or

cumulative effects on this species

resulting from the construction of the

Project.

2. Approval of the HCP would not

have adverse effect on known

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 HCP 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 HCP qualifies as a

categorical exclusion under NEPA, as

provided by the Department of the

Interior Manual (516 DM 2, Appendix 1

and 516 DM 6, Appendix 1). No further

NEPA determination will therefore be

prepared.

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. If it is determined that those

requirements are met, an ITP will be

issued for the incidental take of one

family of Florida scrub-jay. 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.

Dated: September 25, 2000.

H. Dale Hall,

Acting Regional Director.

[FR Doc. 00–25145 Filed 9–29–00; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Receipt of an Application for an

Incidental Take Permit for Road

Improvement in Perry County,

Mississippi

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: The Perry County Board of

Supervisors (Applicant) has made an

application for 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

(16 U.S.C. 1531 et seq.), as amended.

The proposed permit would allow take

of the gopher tortoise (Gopherus

polyphemus), a federally listed

threatened species, incidental to

surfacing a 0.25-mile section of dirt road

with gravel. The permit would authorize

take of up to two gopher tortoises. As

described in the Applicant’s habitat

conservation plan (HCP), impacts will

be minimized and mitigated by

relocating the tortoises from their

burrows along the edge of the road to

adjacent burrows within the tortoise

colony. The habitat conservation plan is

further described in the SUPPLEMENTARY

INFORMATION section below. The Service

has determined that the Applicant’s

proposal, including the proposed

mitigation and minimization measures,

will individually and cumulatively have

a minor or negligible effect on the

species covered in the HCP. Therefore,

the ITP is a ‘‘low effect’’ project and

would qualify as a categorical exclusion

under the National Environmental

Policy Act (NEPA), as provided by the

Department of Interior Manual (516

DM2, Appendix 1 and 516 DM 6,

Appendix 1).

The Service announces the

availability of the HCP for the incidental

take application. Copies of the 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