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Federal Register / Vol. 70, No.

157 / Tuesday, August 16, 2005 / Notices 48189

undisturbed condition. A large portion and possibly nesting habitat is expected above), telephone: 772–562–3909, ext.
of the refuge was going to be a to result in the take of one family of 309.
residential development complete with scrub-jays. SUPPLEMENTARY INFORMATION: If you
canals for boating access. The dredge- The Applicants’ Habitat Conservation wish to comment, you may submit
spoil from the canal system was piled Plan (HCP) describes the mitigation and comments by any one of several
up in berms on the banks of the canals minimization measures proposed to methods. Please reference permit
and became an important nesting area address the effects of the project to the number TE096080–0 in such comments.
for the federally listed American scrub-jay. These measures are outlined You may mail comments to the
crocodile. American crocodiles are in the SUPPLEMENTARY INFORMATION Service’s Southeast Regional Office (see
fairly wide-spread throughout the section below. The Service has ADDRESSES). You may also comment via
tropics, however, in the United States, determined that the Applicants’ the internet to david_dell@fws.gov.
crocodiles are only found in south proposal, including the proposed Please submit comments over the
Florida and the Keys. mitigation and minimization measures, internet as an ASCII file, avoiding the
The refuge protects one of the largest would individually and cumulatively use of special characters and any form
remaining tracts of tropical hardwood have a minor or negligible effect on the of encryption. Please also include your
hammock, which is a globally species covered in the HCP. Therefore, name and return address in your e-mail
threatened habitat type. These diverse the ITP is a ‘‘low-effect’’ project and message. If you do not receive a
forests are home to hundreds of plants qualifies as a categorical exclusion confirmation from us that we have
and animals including the federally under the National Environmental received your e-mail message, contact
listed Key Largo woodrat, Key Largo Policy Act (NEPA), as provided by the us directly at either telephone number
cotton mouse, Schaus swallowtail Department of Interior Manual (516 DM listed above (see FOR FURTHER
butterfly, Stock Island tree snail, and 2, Appendix 1 and 516 DM 6, Appendix INFORMATION CONTACT). Finally, you may
eastern indigo snake. These species 1). The Service announces the hand-deliver comments to either Service
require hammocks in order to survive. availability of the Applicants’ ITP office listed above (see ADDRESSES). Our
Unfortunately, most of the hammocks in application, HCP, and Screening Form practice is to make comments, including
Key Largo have been eliminated by for Low-Effect HCP Determinations for names and home addresses of
development, which has lead to the incidental take application. Copies respondents, available for public review
considerable population declines in of the ITP application, HCP, and during regular business hours.
these already imperiled species. Screening Form may be obtained by Individual respondents may request that
Authority: This notice is published under making a request to the Regional Office we withhold their home addresses from
the authority of the National Wildlife Refuge (see ADDRESSES). Requests must be in the administrative record. We will
System Improvement Act of 1977, Public writing to be processed. This notice is honor such requests to the extent
Law 105–57. provided pursuant to section 10 of the allowable by law. There may also be
Dated: June 17, 2005. Act and NEPA regulations (40 CFR other circumstances in which we would
Cynthia K. Dohner, 1506.6). withhold from the administrative record
Acting Regional Director. DATES: Written comments on the ITP a respondent’s identity, as allowable by
[FR Doc. 05–16171 Filed 8–15–05; 8:45 am] application, HCP, and Screening Form law. If you wish us to withhold your
BILLING CODE 4310–55–M should be sent to the Service’s Regional name and address, you must state this
Office (see ADDRESSES) and should be prominently at the beginning of your
received on or before September 15 comments. We will not, however,
DEPARTMENT OF THE INTERIOR 2005. consider anonymous comments. We
will make all submissions from
Fish and Wildlife Service ADDRESSES: Persons wishing to review organizations or businesses, and from
the application, HCP, and Screening individuals identifying themselves as
Receipt of an Application for an Form may obtain a copy by writing the representatives or officials of
Incidental Take Permit for the Florida Service’s Southeast Regional Office at organizations or businesses, available
Scrub-Jay Resulting From the the address below. Please reference for public inspection in their entirety.
Proposed Construction of a Single- permit number TE096080–0 in such The Florida scrub-jay is
Family Home in Sarasota County, FL requests. Documents will also be geographically isolated from other
available for public inspection by species of scrub-jays found in Mexico
AGENCY: Fish and Wildlife Service,
appointment during normal business and the western United States. The
Interior.
hours at the Southeast Regional Office, scrub-jay is found exclusively in
ACTION: Notice.
U.S. Fish and Wildlife Service, 1875 peninsular Florida and is restricted to
SUMMARY: Jeffrey and Patricia Adams Century Boulevard, Suite 200, Atlanta, xeric uplands (well-drained, sandy soil
(Applicants) request an incidental take Georgia 30345 (Attn: Endangered habitats supporting a growth of oak-
permit (ITP) pursuant to section Species Permits), or at the South Florida dominated scrub). Increasing urban and
10(a)(1)(B) of the Endangered Species Ecological Services Field Office, U.S. agricultural development has resulted in
Act of 1973 (16 U.S.C. 1531 et seq.), as Fish and Wildlife Service, 1339 20th habitat loss and fragmentation, which
amended (Act). The Applicants Street, Vero Beach, Florida 32960–3559 has adversely affected the distribution
anticipate removal of about 0.22 acre of (Attn: Field Supervisor). and numbers of scrub-jays. The total
Florida scrub-jay (Aphelocoma FOR FURTHER INFORMATION CONTACT: Mr. estimated population is between 7,000
coerulescens) (scrub-jay) foraging, David Dell, Regional HCP Coordinator, and 11,000 individuals.
sheltering, and possibly nesting habitat, Southeast Regional Office (see The decline in the number and
incidental to lot preparation for the ADDRESSES above), telephone: 404–679– distribution of scrub-jays in west-central
construction of a single-family home 7313, facsimile: 404–679–7081; or Mr. Florida has been exacerbated by
and supporting infrastructure in George Dennis, Fish and Wildlife tremendous urban growth in the past 50
Sarasota County, Florida (project). The Ecologist, South Florida Ecological years. Historical commercial and
loss of 0.22 acre of foraging, sheltering, Services Field Office (see ADDRESSES residential development has occurred

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48190 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Notices

on the dry soils which previously can be a potential predator on young no further NEPA documentation will be
supported scrub-jay habitat. Based on scrub-jays. prepared.
existing soils data, much of the historic The Applicants also propose to The Service will evaluate the HCP
and current scrub-jay habitat of coastal mitigate the take of scrub-jays through and comments submitted thereon to
west-central Florida occurs proximal to contribution of $4,000 to the Sarasota determine whether the application
the current shoreline and larger river County Scrub-jay Mitigation Plan Fund meets the requirements of section 10(a)
basins. Much of this area of Florida was administered by Sarasota County. Funds of the Act. If it is determined that those
settled early because few wetlands in this account are earmarked for use in requirements are met, the ITP will be
restricted urban and agricultural the conservation and recovery of scrub- issued for incidental take of the Florida
development. Due to the effects of urban jays and may include habitat scrub-jay. The Service will also evaluate
and agricultural development over the acquisition, restoration, and whether issuance of the section
past 100 years, much of the remaining management. The Applicants assert that 10(a)(1)(B) ITP complies with section 7
scrub-jay habitat is now relatively small the $4,000 payment is the maximum of the Act by conducting an intra-
and isolated. What remains is largely extent of mitigation practicable for them Service section 7 consultation. The
degraded, due to interruption of the while still allowing them to implement results of this consultation, in
natural fire regime which is needed to on-site mitigation measures. combination with the above findings,
maintain xeric uplands in conditions The Service has determined that the will be used in the final analysis to
suitable for scrub-jays. HCP is a low-effect plan that is determine whether or not to issue the
The scrub-jays reported using the categorically excluded from further ITP.
subject residential lot and adjacent NEPA analysis, and does not require the Dated: July 18, 2005.
properties are part of a larger complex preparation of an Environmental
of scrub-jays located in a matrix of Cynthia K. Dohner,
Assessment or Environmental Impact
urban and natural settings in southern Acting Regional Director.
Statement. This preliminary information
Sarasota County. The project site may be revised based on our review of [FR Doc. 05–16168 Filed 8–15–05; 8:45 am]
represents a portion of an isolated any public comments that we receive in BILLING CODE 4310–55–P
scrub-jay territory. Scrub-jays in urban response to this notice. Low-effect HCPs
areas are particularly vulnerable and are those involving: (1) Minor or
typically do not successfully produce DEPARTMENT OF THE INTERIOR
negligible effects on federally listed or
young that survive to adulthood. candidate species and their habitats,
Persistent urban growth in this area is Fish and Wildlife Service
and (2) minor or negligible effects on
likely to result in further reductions in other environmental values or Endangered and Threatened Species
the amount of suitable habitat for scrub- resources. The Applicants’ HCP Permit Applications
jays. Increasing urban pressures are also qualifies for the following reasons:
likely to result in the continued AGENCY: Fish and Wildlife Service,
1. Approval of the HCP would result
degradation of scrub-jay habitat as fire Interior.
in minor or negligible effects on the
exclusion slowly results in vegetative ACTION: Notice of receipt of applications.
Florida scrub-jay population as a whole.
overgrowth. Thus, over the long term,
The Service does not anticipate
scrub-jays are unlikely to persist in SUMMARY: The following applicants have
significant direct or cumulative effects
urban settings, and conservation efforts applied for scientific research permits to
to the Florida scrub-jay population as a
for this species should target acquisition conduct certain activities with
and management of large parcels of land result of the project.
2. Approval of the HCP would not endangered species pursuant to section
outside the direct influence of 10(a)(1)(A) of the Endangered Species
urbanization. have adverse effects on known unique
geographic, historic, or cultural sites, or Act of 1973, as amended.
Construction of the project’s
involve unique or unknown DATES: To ensure consideration, written
infrastructure and facilities would result
in harm to scrub-jays, incidental to the environmental risks. comments must be received on or before
carrying out of these otherwise lawful 3. Approval of the HCP would not September 15, 2005.
activities. Habitat alteration associated result in any significant adverse effects ADDRESSES: Written comments should
with the proposed residential on public health or safety. be submitted to the Chief, Endangered
construction would reduce the 4. The project does not require Species Division, Ecological Services,
availability of foraging, sheltering, and compliance with Executive Order 11988 P.O. Box 1306, Room 4102,
possible nesting habitat for one family (Floodplain Management), Executive Albuquerque, New Mexico 87103.
of scrub-jays. The Applicants propose to Order 11990 (Protection of Wetlands), or Documents and other information
conduct clearing activities outside of the the Fish and Wildlife Coordination Act, submitted with these applications are
nesting season. The Applicants propose nor does it threaten to violate a Federal, available for review, subject to the
to remove any exotic vegetation from State, local, or tribal law or requirement requirements of the Privacy Act and
the lot and maintain the remaining area imposed for the protection of the Freedom of Information Act. Documents
in native vegetation for use by the environment. will be available for public inspection,
resident scrub-jays. The Applicants 5. Approval of the Plan would not by appointment only, during normal
propose to replace any scrub oaks and establish a precedent for future actions business hours at the U.S. Fish and
wax myrtles that might be removed or represent a decision in principle Wildlife Service, 500 Gold Ave. SW,
during land clearing. The Applicants about future actions with potentially Room 4102, Albuquerque, New Mexico.
propose to avoid landscaping with trees significant environmental effects. Please refer to the respective permit
that would grow tall (greater than 30 The Service has determined that number for each application when
feet) and potentially provide perch trees approval of the Plan qualifies as a submitting comments. All comments
for predators that could prey on scrub- categorical exclusion under NEPA, as received, including names and
jays on this lot and surrounding provided by the Department of the addresses, will become part of the
unimproved lots. The Applicants would Interior Manual (516 DM 2, Appendix 1, official administrative record and may
not have any free-roaming cats as they and 516 DM 6, Appendix 1). Therefore, be made available to the public.

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