51084 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

project site are part of a metapopulation 

of scrub-jays in Charlotte County that 

occurs east of the Peace River and Punta 

Gorda. The continued survival and 

recovery of scrub-jays in this area may 

be dependent on the maintenance of 

suitable habitat and the restoration of 

unsuitable habitat. 

Scrub-jays in urban areas are 

particularly vulnerable and typically do 

not successfully produce young that 

survive to adulthood. Persistent urban 

growth in the vicinity of the project will 

likely continue to reduce the amount of 

suitable habitat for scrub-jays. 

Increasing urban pressures are also 

likely to result in the continued 

degradation of scrub-jay habitat, as fire 

exclusion slowly results in vegetative 

overgrowth. Thus, over the long-term, 

scrub-jays are unlikely to persist in 

urban settings, and conservation efforts 

for this species should include 

acquisition and management of large 

parcels of land outside the direct 

influence of urbanization. 

Construction of the project’s 

infrastructure and facilities could result 

in harm to scrub-jays, incidental to the 

carrying out of these otherwise lawful 

activities. Habitat alteration associated 

with the proposed residential 

construction would reduce the 

availability of nesting, foraging, and 

sheltering habitat for three scrub-jays. 

The Applicants propose to minimize 

take of scrub-jays by avoiding landclearing activities during the breeding or 

nesting season (March through June), by 

not planting additional trees which 

would allow perching of predatory 

birds, by eliminating most predatory 

bird perches (slash pines) to possibly 

reduce the risk of scrub-jays being killed 

by raptors, and by preserving and 

maintaining 3.8 acres of scrub-jay 

habitat on their 5-acre lot in perpetuity. 

The preserve would be accomplished 

through recorded deed restriction which 

must be in place within 30 days of ITP 

issuance and prior to any land-clearing 

activities. 

The Applicants also propose to 

mitigate the take of scrub-jays through 

contribution of $1,200 to an approved 

scrub-jay mitigation fund. This 

contribution must be made within 30 

days of ITP issuance and prior to any 

land-clearing activities. The fund would 

be used to acquire and manage larger 

tracts of scrub habitat in the County. 

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 the National 

Environmental Policy Act. 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. 

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, the ITP will be 

issued for the incidental take of the 

Florida scrub-jay. We will also evaluate 

whether issuance of the section 

10(a)(1)(B) ITP complies with section 7 

of the Act by conducting an intraService 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 

ITP. 

Dated: August 4, 2005. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. 05–17064 Filed 8–26–05; 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 the Florida 

Scrub-Jay Resulting From 

Construction of a Single-Family Home 

in Brevard County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: Maronda Homes, Inc. 

(Applicant) requests an incidental take 

permit (ITP) for a duration of 10 years, 

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

Endangered Species Act of 1973 (Act), 

as amended (U.S.C. 1531 et seq.). The 

Applicant requests a permit to remove 

about 0.24 acre of Florida scrub-jay 

(Aphelocoma coerulescens) (scrub-jay) 

foraging, sheltering, and possibly 

nesting habitat incidental to lot 

preparation for the construction of a 

single-family home and supporting 

infrastructure in Section 23, Township 

23 South, Range 35 East, Port St. John, 

Brevard County, Florida. The proposed 

destruction of 0.24 acre of foraging, 

sheltering, and possibly nesting habitat 

could result in the take of one family of 

scrub-jays. 

The Applicant’s Habitat Conservation 

Plan (HCP) describes the mitigation and 

minimization measures proposed to 

address the effects of the project to the 

scrub-jay. These measures are outlined 

in the SUPPLEMENTARY INFORMATION

section below. The Fish and Wildlife 

Service (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 ‘‘loweffect’’ 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). We 

announce the availability of the ITP 

application and HCP for the incidental 

take application. Copies of the 

application and HCP may be obtained 

by making a request to the Southeast 

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). 

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 September 28, 2005. 

ADDRESSES: Persons wishing to review 

the application and HCP may obtain a 

copy by writing the Service’s Southeast 

Regional Office at the address below. 

Please reference permit number 

TE103390–0 in such requests. 

Documents will also be available for 

public inspection by appointment 

during normal business hours at the 

Southeast Regional Office, U.S. Fish and 

Wildlife Service, 1875 Century 

Boulevard, Suite 200, Atlanta, Georgia 

30345 (Attn: Endangered Species 

Permits), or at the Jacksonville Field 

Office, U.S. Fish and Wildlife Service, 

6620 Southpoint Drive South, Suite 310, 

Jacksonville, Florida 32216–0912 (Attn: 

Field Supervisor). 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Dell, Regional HCP Coordinator, 

Southeast Regional Office (see 

ADDRESSES above), telephone: 404/679–

7313, facsimile: 404/679–7081; or Ms. 

Erin Gawera, Fish and Wildlife 

Biologist, Jacksonville Field Office (see 

ADDRESSES above), telephone: 904/232–

2580, ext. 121. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit 

comments by any one of several 

methods. Please reference permit 

number TE103390–0 in such comments. 

You may mail comments to the 

Service’s Southeast 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 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51085 

of encryption. Please also include your 

name and return address in your e-mail 

message. If you do not receive a 

confirmation from us that we have 

received your e-mail message, contact 

us directly at either telephone number 

listed above (see FOR FURTHER

INFORMATION CONTACT). Finally, you may 

hand-deliver comments to either Service 

office listed above (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 addresses 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. 

The Florida scrub-jay (scrub-jay) is 

geographically isolated from other 

species 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 (areas of dry, sandy soils, 

supporting the growth of oak-dominated 

scrub). Increasing urban and agricultural 

development has 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 east-central 

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 scrub-jay habitat. 

Based on existing soils data, much of 

the historic and current scrub-jay 

habitat of coastal east-central 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 

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 interruption of the natural fire 

regime, which is needed to maintain 

xeric uplands in conditions suitable for 

scrub-jays. 

Residential construction for Maronda 

Homes, Inc. would take place within 

Section 23, Township 23 South, Range 

35 East, Port St. John, Brevard County, 

Florida on Lot 07, Block 59. This lot is 

within locations where scrub-jays were 

sighted during surveys for this species 

from 1999 to 2003. 

Scrub-jays affected by the issuance of 

this permit are found on the extreme 

western edge of a large area supporting 

a 16-family cluster of birds that inhabits 

urban areas, commercial development, 

and undeveloped native habitat in the 

Tico and Grissom territory cluster just 

south of Port St. John, Florida. This 

cluster of scrub-jays is part of a larger 

metapopulation complex of scrub-jays 

that persists in northern Brevard 

County. The number of scrub-jay 

families in the vicinity of the project site 

and in the northern Brevard County 

metapopulation has declined in recent 

years. Survey results indicate that the 

number of scrub-jay families has 

declined in the Tico and Grissom 

cluster from 72 in the early 1990s to 47 

in 2002 (33 percent decline). Similarly, 

the number of families of scrub-jays 

within the northern Brevard County 

metapopulation, which includes the 

Tico and Grissom territory cluster, has 

declined from 102 to 67 families (34 

percent decline) during this same time 

period. Both of these observed rates of 

decline approximate the four percent 

per year decline estimated by recent 

research findings. 

The decline in numbers of scrub-jay 

families in northern Brevard County is 

the cumulative result of habitat 

destruction, fragmentation, and 

degradation. Metapopulation viability 

analysis suggests that this 

metapopulation of scrub-jays has a high 

quasi-extinction risk if no further 

conservation efforts are undertaken to 

acquire and manage land for the benefit 

of scrub-jays. However, with active 

acquisition and management of habitat 

in the metapopulation, the quasiextinction risk decreases substantially. 

The demographic viability, and thus 

future biological value, of scrub-jays 

within highly urbanized areas (e.g., 

residential areas, industrial sites, and 

other commercial development) is 

problematic in most situations, but the 

contribution urban scrub-jays have on 

metapopulation dynamics is not certain. 

Research conducted in central Florida 

suggests that juvenile and adult scrubjays living within urban areas have low 

survival rates and that the persistence of 

scrub-jays in these environments is 

largely dependent on immigration from 

other low-quality habitat. In this 

instance, urban scrub-jays may have a 

negative impact on the demographic 

viability of the overall metapopulation 

since available breeders are essentially 

lost to habitats in which mortality 

exceeds recruitment. Other research 

conducted in east-central Florida 

suggests that recruitment will exceed 

mortality if optimal habitat conditions 

exist, regardless of whether the habitat 

is in a pristine or urban setting. In this 

case, urban scrub-jays would be as 

demographically important as scrub-jays 

in more pristine habitats. 

Regardless of whether the breeding 

territory is in an urbanized area or more 

pristine natural area, the success of a 

breeding pair is highly dependent on 

the quality of habitat within the 

territory. In most instances, scrub-jay 

habitat in urban settings is degraded due 

to long-term fire suppression and there 

is no indication that habitat in these 

settings will be managed in the future. 

Thus, we generally believe, and existing 

research supports, that in most urban 

settings, scrub-jays occupy less than 

optimal habitat and are therefore less 

demographically viable than birds 

occupying habitat in areas that are 

actively managed. Consequently, scrubjays living within suburban areas of Port 

St. John and urbanized areas of Brevard 

County appear to be demographically 

doomed over the long term and the only 

potential biological value these birds 

currently have is in providing a source 

of breeders for other adjacent lands that 

are actively managed for conservation 

purposes. One such site is located 

approximately two miles north off of 

County Road 50 in the southern end of 

Titusville. The 52 acres of scrub at this 

site is managed for scrub-jays through 

Brevard County’s Environmentally 

Endangered Lands Program (EELS). 

Future acquisition is proposed by EELS 

for areas northwest and south of the 

project site, but until these lands are 

secured and managed, dispersing scrubjays from the city may not find suitable 

habitat. 

Construction of the Applicant’s 

single-family residence and 

infrastructure 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 foraging, 

sheltering, and possible nesting habitat 

for one family of scrub-jays. The 

Applicant agrees to avoid construction 

during the nesting season if active nests 

are found on site, but no other on-site 

minimization measures are proposed to 

reduce take of scrub-jays. The lot 

51086 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

encompasses about 0.24 acre and the 

footprint of the home, infrastructure, 

and landscaping preclude retention of 

scrub-jay habitat on the project site. Onsite minimization may not be a 

biologically viable alternative because of 

increasing negative demographic effects 

caused by urbanization. 

Based on the above information, 

scrub-jays in the vicinity of the 

Applicant’s lot, currently have little 

long-term demographic value to the 

metapopulation overall. Consequently, 

the Service has determined that the loss 

of 0.24 acre of habitat is likely to result 

in only minor or negligible impacts on 

the species. 

The Applicant proposes to mitigate 

for the loss of 0.24 acre of scrub-jay 

habitat by contributing a total of $3,216 

to the Florida Scrub-jay Conservation 

Fund administered by the National Fish 

and Wildlife Foundation. 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. The 

$3,216 is sufficient to acquire and 

perpetually manage about 0.48 acre of 

suitable occupied scrub-jay habitat 

based on a replacement ratio of 2 

mitigation acres per 1 impact acre. The 

cost is based on previous acquisitions of 

mitigation lands in southern Brevard 

County at an average $5,700 per acre, 

plus a $1,000-per-acre management 

endowment necessary to ensure future 

management of acquired scrub-jay 

habitat. 

We have determined that the HCP is 

a low-effect plan that is categorically 

excluded from further NEPA analysis, 

and does not require the preparation of 

an EA or EIS. This preliminary 

determination may be revised based on 

our review of public comment we 

receive in response to this notice. Loweffect 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 Applicant’s HCP 

qualifies for the following reasons: 

1. Issuance of the ITP would result in 

minor or negligible effects on the 

Florida scrub-jay population as a whole. 

We do not anticipate significant direct 

or cumulative effects to the Florida 

scrub-jay population as a result of the 

construction project. 

2. Issuance of the ITP would not have 

adverse effects on known unique 

geographic, historic, or cultural sites, or 

involve unique or unknown 

environmental risks. 

3. Issuance of the ITP 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. Issuance of the ITP would not 

establish a precedent for future action or 

represent a decision in principle about 

future actions with potentially 

significant environmental effects. 

We have determined that issuance of 

this incidental take permit 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). Therefore, 

no further NEPA documentation will be 

prepared. 

We 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, the ITP will be 

issued for incidental take of the Florida 

scrub-jay. We 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 ITP. 

Dated: August 3, 2005. 

Sam D. Hamilton, 

Regional Director, Southeast Region. 

[FR Doc. 05–17068 Filed 8–26–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Receipt of Two Applications for 

Incidental Take Permits for 

Construction of Single-Family Homes 

in Brevard County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: Maronda Homes, Inc. of 

Florida and Duke Construction 

Corporation (Applicants) each request 

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 Applicants 

anticipate taking a combined total of 

about 0.48 acre of Florida scrub-jay 

(Aphelocoma coerulescens) (scrub-jay) 

foraging, sheltering, and possibly 

nesting habitat incidental to lot 

preparation for the construction of 

single-family homes and supporting 

infrastructure in Brevard County, 

Florida (Project). The destruction of 0.48 

acre of foraging, sheltering, and possibly 

nesting habitat is expected to result in 

the take of one family of scrub-jays over 

requested permit terms of 10 years 

(Maronda) and 2 years (Duke). 

The Applicants’ Habitat Conservation 

Plans (HCPs) describe the mitigation 

and minimization measures proposed to 

address the effects of the Projects to the 

Florida scrub-jay. These measures are 

outlined in the SUPPLEMENTARY

INFORMATION section below. We have 

determined that the Applicants’

proposals, including the proposed 

mitigation and minimization measures, 

will individually and cumulatively have 

a minor or negligible effect on the 

species covered in the HCPs. Therefore, 

the ITPs are ‘‘low-effect’’ projects and 

qualify as categorical exclusions 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 HCPs 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). 

DATES: Written comments on the ITP 

applications and HCPs should be sent to 

the Service’s Regional Office (see 

ADDRESSES) and should be received on 

or before September 28, 2005. 

ADDRESSES: Persons wishing to review 

the applications and HCPs may obtain a 

copy by writing the Service’s Southeast 

Regional Office, Atlanta, Georgia. Please 

reference permit number TE099862–0, 

for Maronda Homes and number 

TE099859–0, for Duke Construction in 

such requests. 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 

Southpoint Drive South, Suite 310, 

Jacksonville, Florida 32216–0912. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Dell, Regional HCP Coordinator, 

(see ADDRESSES above), telephone: 404/ 

679–7313, facsimile: 404/679–7081; or 

Ms. Erin Gawera, General Biologist, 

Jacksonville Field Office, Jacksonville, 

Florida (see ADDRESSES above), 

telephone: 904/232–2580, ext. 121. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit