Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53243 

writing to be processed. Comments must 

be submitted in writing to be adequately 

considered in the Service’s decisionmaking process. Please reference permit 

number TE–106063 in your comments, 

or in the request for the documents 

discussed herein. 

FOR FURTHER INFORMATION CONTACT: Pat 

Mehlhop, Regional Safe Harbor 

Coordinator (see ADDRESSES), telephone 

(303) 236–4215, or Henry Maddux, Utah 

Field Supervisor (see ADDRESSES), 

telephone (801) 975–3330. 

SUPPLEMENTARY INFORMATION: The Utah 

prairie dog is the westernmost member 

of the genus Cynomys. The species’

range, which is limited to the 

southwestern quarter of Utah, is the 

most restricted of all prairie dog species 

in the United States. Distribution of the 

Utah prairie dog has been greatly 

reduced due to disease (plague), 

poisoning, drought, and human-related 

habitat alteration. Protection of this 

species and enhancement of its habitat 

on private land will benefit recovery 

efforts. 

The primary objective of this 

proposed SHA is to implement 

voluntary conservation measures to 

benefit the species and the landowner. 

Through this agreement, the landowner 

will receive relief from any section 9 

liability under the Act beyond that 

which exists at the time the agreement 

is signed (‘‘regulatory baseline’’). The 

private land immediately to the south of 

the property contains an active Utah 

prairie dog colony approximately 2 

hectares (5 acres) in size. This colony 

abuts the fence line, but does not extend 

onto the property to be addressed in the 

proposed SHA due to unsuitable 

habitat. To benefit the Utah prairie dog, 

foraging and visual surveillance habitat 

will be enhanced by thinning decadent 

stands of brush and by increasing forage 

quantity and quality using mechanical 

and herbicidal treatments and reseeding 

native grasses and forbs. The habitat 

improvements will be maintained 

throughout the term of the permit 

through managed grazing, additional 

brush treatments if necessary, and to 

some degree by the Utah prairie dogs 

themselves. The Cooperator will receive 

an ESP that authorizes incidental take of 

the covered species above the 

Cooperator’s baseline responsibilities, as 

defined in the SHA. 

The Service has evaluated the impacts 

of this action under the NEPA and 

determined that it warrants categorical 

exclusion as described 516 DM 6, 

Appendix 1, section 1.4 C.(1). The 

Service will evaluate whether the 

issuance of the ESP complies with 

section 7 of the Act by conducting an 

intra-Service section 7 consultation on 

the issuance of the permit. The result of 

the biological opinion, in combination 

with the above finding and any public 

comments will be used in the final 

analysis to determine whether or not to 

issue the requested ESP, pursuant to the 

regulations that guide issuance of the 

type of permit. 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

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

National Environmental Policy Act of 1969, 

as amended (42 U.S.C. 4321 et seq.). 

Dated: July 26, 2005. 

Elliott N. Sutta, 

Regional Director, Denver, Colorado. 

[FR Doc. 05–17668 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Receipt of Four Applications for 

Incidental Take Permits for 

Construction of Single-Family Homes 

in Brevard County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: Eugene T. Butler, Carlos E. 

Gauthier, Robert Moren, and Kheino A. 

Phidd (Applicants) individually 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 1.03 acres 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 (Projects). Requested permit 

duration is one year for all applicants, 

except for Moren, who requests a 10- 

year permit term. The destruction of 

1.03 acre of foraging, sheltering, and 

possibly nesting habitat is expected to 

result in the take of three families of 

scrub-jays. 

Each of the Applicants’ Habitat 

Conservation Plans (HCPs) describe the 

mitigation and minimization measures 

proposed to address the effects of the 

proposed Project to the Florida scrubjay. These measures are outlined in the 

SUPPLEMENTARY INFORMATION section 

below. We have determined that each 

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 

HCPs. Therefore, the ITPs are ‘‘loweffect’’ 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). We 

announce the availability of the HCPs 

for the incidental take applications. 

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 October 7, 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 TE099682–0, 

for Butler, number TE099683–0, for 

Gauthier, number TE099684–0, for 

Moren, and number TE099685–0, for 

Phidd, 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. Paula Sisson, General Biologist, 

Jacksonville Field Office, Jacksonville, 

Florida (see ADDRESSES above), 

telephone: 904/232–2580, ext. 126. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit 

comments by any one of several 

methods. Please reference permit 

number TE099682–0, for Butler, number 

TE099683–0, for Gauthier, number 

TE099684–0, for Moren, and number 

TE099685–0, for Phidd, in such 

comments. You may mail comments to 

the Service’s Regional Office (see 

ADDRESSES). You may also comment via 

the Internet to 

http://www.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 us that we have received your 

53244 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

internet message, contact us directly at 

either telephone number listed below 

(see FOR FURTHER INFORMATION CONTACT). 

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. 

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 (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 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 exclusion of fire which is needed to 

maintain xeric uplands in conditions 

suitable for scrub-jays. 

Proposed residential construction for 

Eugene T. Butler would take place 

within Section 5, Township 29 South, 

Range 37 East, Palm Bay, Brevard 

County, Florida on Lot 48, Block 337. 

Proposed residential construction for 

Carlos E. Gauthier would take place 

within Section 16, Township 29 South, 

Range 37 East, Palm Bay, Brevard 

County, Florida on Lot 21, Block 790. 

Proposed residential construction for 

Robert Moren would take place within 

Section 5, Township 29 South, Range 37 

East, Palm Bay, Florida on Lot 15, Block 

341. Proposed residential construction 

for Kheino A. Phidd would take place 

within Section 8, Township 29 South, 

Range 37 East, Palm Bay, Brevard 

County, Florida on Lot 13, Block 434. 

Each of these lots is within 438 feet of 

locations where scrub-jays were sighted 

during surveys for this species from 

1999–2003. 

Scrub-jays using the subject 

residential lots and adjacent properties 

are part of a larger complex of scrub-jays 

located in a matrix of urban and natural 

settings in areas of southern Brevard 

and northern Indian River counties. 

Within the City of Palm Bay, 20 families 

of scrub-jays persist in habitat 

fragmented by residential development. 

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 scrub-jays. 

Increasing urban pressures are also 

likely to result in the continued 

degradation of scrub-jay habitat as fire 

suppression slowly results in vegetative 

overgrowth. Thus, over the long-term, 

scrub-jays within the City of Palm Bay 

are unlikely to persist, and conservation 

efforts for this species should target 

acquisition and management of large 

parcels of land outside the direct 

influence of urbanization. 

The subject residential parcels lie 

within a ‘‘high density’’ urban setting, 

and the corresponding territory size of 

the resident scrub-jays has been 

estimated to range from 5.2 to 10.8 acres 

based on average territory sizes of scrubjay in other urban areas. Data collected 

from 12 scrub-jay families within the 

city limits of Palm Bay during the 2000 

and 2001 nesting seasons provided 

information about survival and 

reproductive success of scrub-jays, but 

did not attempt to estimate territory 

sizes. This information indicated that 

territory boundaries tended to shift from 

year to year, making calculations of 

territory size difficult. Similarly, point 

data do not reliably indicate occupied 

habitat over time since birds in urban 

settings tend to move within and 

between years. Thus, using known 

territory boundaries and point data to 

delineate occupied habitat likely 

underestimates areas occupied by scrubjays. 

To assess whether the Applicants’

parcels were within occupied scrub-jay 

habitat, we calculated the maximum 

average ‘‘shift’’ in territories locations 

between 2000 and 2001. Based on these 

estimates, we calculated a maximum 

average shift of 438 feet between years. 

We subsequently used the 438 feet as a 

buffer to surround known territory 

boundaries and point locations for 

scrub-jays. We reasoned that 438 feet 

represented a biologically-based buffer, 

within which scrub-jays were likely to 

occur. Application of the 438-foot buffer 

to known territories and point locations 

provides a quantitative method to 

delineate occupied scrub-jay habitat in 

highly urbanized areas within the city 

limits of Palm Bay. 

The four Applicants’ residential lots 

fall within the 438-foot buffer 

established for known scrub-jay 

territories and/or point data. The 

Applicants’ properties provide habitat 

for foraging, sheltering, and possibly 

nesting. Accordingly, loss of this habitat 

due to residential construction will 

result in the destruction of scrub-jay 

habitat. 

The Applicants agree to avoid 

construction during the nesting season 

if active nests are found onsite, but no 

other on-site minimization measures are 

proposed to reduce take of scrub-jays. 

The lots combined encompass about 

1.03 acres and the footprint of the 

homes, infrastructure, and landscaping 

preclude retention of scrub-jay habitat. 

On-site minimization is not expected to 

be a biologically viable alternative due 

to increasing negative demographic 

effects caused by urbanization. 

In combination, the Applicants 

propose to mitigate for the loss of 1.03 

acres of scrub-jay habitat by 

contributing a total of $11,187 ($2,785 

for Butler, $2,440 for Gauthier, $3,290 

for Moren, and $2,672 for Phidd) to the 

Florida Scrub-jay Conservation Fund 

administered by the National Fish and 

Wildlife Foundation. Funds in this 

account are ear-marked for use in the 

conservation and recovery of scrub-jays 

and may include habitat acquisition, 

restoration, and/or management. The 

$11,187 is sufficient to acquire and 

perpetually manage about 2.06 acres of 

suitable occupied scrub-jay habitat 

based on a replacement ratio of two 

mitigation acres per one 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 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53245 

ensure future management of acquired 

scrub-jay habitat. 

We have determined that the HCPs 

are low-effect plans that are 

categorically excluded from further 

NEPA analysis, and do not require the 

preparation of an EA or EIS. This 

preliminary information may be revised 

due to public comment received 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. Each of the Applicants’ HCPs 

qualifies for the following reasons: 

1. Approval of the HCP 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 projects. 

2. Approval of the HCP would not 

have adverse effects on known unique 

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 Plan 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 

each of these incidental take permits 

qualify as a categorical exclusion under 

the 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 HCPs and 

comments submitted thereon to 

determine whether the applications 

meet the requirements of section 10(a) 

of the Act. If it is determined that those 

requirements are met, the ITPs 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) ITPs comply 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 

ITPs. 

Dated: August 4, 2005. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. 05–17676 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Availability of an Environmental 

Assessment and Receipt of an 

Application for an Incidental Take 

Permit for Beach Driving and Related 

Activities in St. Johns County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: St. Johns County (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 Applicant 

anticipates that authorization of beach 

driving and related activities, over a 

requested permit term of 20 years, will 

result in the incidental taking of the 

endangered Anastasia Island beach 

mouse (Peromyscus polionotus 

phasma), leatherback sea turtle 

(Dermochelys coriacea), green sea turtle 

(Chelonia mydas), Kemp’s ridley sea 

turtle (Lepidochelys kempi), and 

hawksbill sea turtle (Eretmochelys 

imbricata), as well as the threatened 

loggerhead sea turtle (Caretta caretta). 

The anticipated taking of these federally 

listed species is incidental to otherwise 

legal vehicle operation on the beaches of 

St. Johns County, pursuant to the Beach 

and Shore Preservation Act of 1998, 

section 161.36, Florida Statutes. 

A description of the mitigation and 

minimization measures outlined in the 

Applicant’s Habitat Conservation Plan 

(HCP) to address the effects of the beach 

access and beach access-related 

activities on federally listed species is 

described further in the SUPPLEMENTARY

INFORMATION section below. The Service 

has made a preliminary determination 

that the issuance of the Permit 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 

Environmental Assessment (EA) and 

HCP. Copies of the HCP and EA 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 permit 

application, supporting documentation, 

EA and HCP should be sent to the 

Service’s Regional Office (see 

ADDRESSES) and should be received on 

or before November 7, 2005. 

ADDRESSES: Persons wishing to review 

the application, HCP, and EA may 

obtain a copy by writing the Service’s 

Southeast Regional Office, Atlanta, 

Georgia. Please reference permit number 

TE091980–0 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 Permit 

Coordinator, (see ADDRESSES above), 

telephone: 404/679–7110; or Mr. 

Michael Jennings, Fish and Wildlife 

Biologist, Jacksonville Field Office, (see 

ADDRESSES above), telephone: 904/232–

2580, extension 113. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit 

comments by any one of several 

methods. Please reference permit 

number TE091980–0 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 of the 

telephone numbers listed below (see 

FOR FURTHER INFORMATION CONTACT). 

Finally, you may hand deliver 

comments to either of the Service offices 

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 address from 

the administrative record. We will 

honor such requests to the extent 

allowable by law. There may also be