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65764 Federal Register / Vol. 72, No.

225 / Friday, November 23, 2007 / Notices

representatives or officials of The Fish and Wildlife Service will Texas 78758 (512/490–0057 ext. 242).
organizations or businesses, available evaluate the HCP and comments Documents will be available for public
for public inspection in their entirety. submitted thereon to determine whether inspection by written request, or by
The scrub-jay is geographically the ITP application meets the appointment only, during normal
isolated from other species of scrub-jays requirements of section 10(a) of the Act business hours (8 a.m. to 4:30 p.m.) at
found in Mexico and the western United (16 U.S.C. 1531 et seq.). If the Fish and the Service’s Austin Office. Comments
States. The scrub-jay is found Wildlife Service determines that those concerning the request for renewal
exclusively in peninsular Florida and is requirements are met, an ITP will be should be submitted in writing to the
restricted to xeric uplands issued for the incidental take of the Field Supervisor at U.S. Fish and
(predominately in oak-dominated Florida scrub-jay. The Fish and Wildlife Wildlife Service, 10711 Burnet Road,
scrub). Increasing urban and agricultural Service will also evaluate whether Suite 200, Austin, Texas 78758. Please
development has resulted in habitat loss issuance of this section 10(a)(1)(B) ITP refer to permit number TE–042733–0
and fragmentation that has adversely complies with section 7 of the Act by when submitting comments.
affected the distribution and numbers of conducting an intra-Service section 7 FOR FURTHER INFORMATION CONTACT:
scrub-jays. The total estimated consultation. The results of this Allison Arnold at the U.S. Fish and
population is between 7,000 and 11,000 consultation, in combination with the Wildlife Service Austin Office, 10711
individuals. above findings, will be used in the final Burnet Road, Suite 200, Austin, Texas
Four Projects are proposed including analysis to determine whether or not to 78758 (512/490–0057 ext. 242).
three road extensions at Winchester issue the ITP. This notice is provided
Boulevard, Edgewater Drive, and SUPPLEMENTARY INFORMATION:
pursuant to section 10 of the
Solomon Drive, and a community Endangered Species Act and NEPA Public Availability of Comments
redevelopment project at Murdock regulations (40 CFR 1506.6).
Village. All Projects are within the Before including your address, phone
Dated: October 26, 2007. number, e-mail address, or other
previously subdivided, partly developed
Cynthia K. Dohner, personal identifying information in your
urban areas of Charlotte County. The
Applicant has identified 11 scrub-jay Acting Regional Director, Southeast Region. comment, you should be aware that
families within the Project areas. The [FR Doc. E7–22815 Filed 11–21–07; 8:45 am] your entire comment—including your
four Projects are expected to destroy BILLING CODE 4310–55–P personal identifying information—may
84.2 acres of occupied scrub-jay habitat. be made publicly available at any time.
Scrub-jays using the Project areas are While you can ask us in your comment
part of two scrub-jay metapopulations in DEPARTMENT OF THE INTERIOR to withhold your personal identifying
Charlotte County: The Sarasota-western information from public review, we
Fish and Wildlife Service cannot guarantee that we will be able to
Charlotte metapopulation, which occurs
on the Cape Haze peninsula, and the do so.
Notice of Availability for the Renewal Applicant: Mr. and Mrs. Scarpato
northwestern Charlotte metapopulation, of an Expired Section 10(a)(1)(B)
which occurs between the Myakka and plan to construct a single family
Permit for Incidental Take of the
Peace Rivers. The continued persistence residence on their 2.67-acre lot located
Golden-cheeked Warbler in Travis
of scrub-jays in this area may be at 8110 Two Coves Drive, Austin, Texas.
County, TX (Scarpato)
dependent on the maintenance of The construction of a single family
suitable habitat and the restoration of AGENCY: Fish and Wildlife Service, residence on approximately 0.75 acres
unsuitable habitat. Interior. of the 2.67-acre lot will eliminate less
Construction of the Projects will ACTION: Notice of availability. than one acre of GCWA habitat and
result in harm to scrub-jays, incidental indirectly impact less than four
to the carrying out of these otherwise SUMMARY: On October 19, 2001, the U.S. additional acres of habitat. The original
lawful activities. Habitat alteration Fish and Wildlife Service (Service) permit included, and the Applicant has
associated with the proposed road issued a section 10(a)(1)(B) permit, already provided $1,500 to the Balcones
construction and community pursuant to Section 10(a) of the Canyonlands Preserve to mitigate
redevelopment will reduce the Endangered Species Act (Act), for impacts to the GCWA. This money will
availability of nesting, foraging, and incidental take of the golden-cheeked be used by the Balcones Canyonlands
sheltering habitat for 11 families of warbler (Dendroica Preserve to acquire additional GCWA
scrub-jays. The Applicant proposes to chrysoparia)(GCWA) to Thomas habitat. The Applicant has agreed to
mitigate take of scrub-jays by Scarpato and Janet Neyland-Scarpato follow all other existing permit terms
preserving, restoring, and managing in (Applicant). The permit (TE–042733–0) and conditions. If renewed, all of the
perpetuity 275 acres of scrub-jay habitat was for a period of five years and permit terms and conditions will remain
within the affected scrub-jay meta- expired on October 19, 2006. The the same, and no additional take will be
populations. requested permit renewal by Mr. and authorized.
The Fish and Wildlife Service has Mrs. Scarpato will extend the permit Section 9 of the Act prohibits the
made a preliminary determination that expiration by five years from the date ‘‘taking’’ of threatened or endangered
issuance of the requested ITP is not a the permit is reissued. species. However, the Service, under
major Federal action significantly DATES: To ensure consideration, written limited circumstances, may issue
affecting the quality of the human comments must be received on or before permits to take threatened and
environment within the meaning of December 24, 2007. endangered wildlife species incidental
Section 102(2)(C) of National ADDRESSES: Persons wishing to review to, and not the purpose of, otherwise
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Environmental Policy Act (NEPA). This the request for extension, former lawful activities.
preliminary information may be revised incidental take permit, or other related We provide this notice under section
due to public comment received in documents may obtain a copy by 10(c) of the Act (16 U.S.C. 1531 et seq.)
response to this notice and is based on written or telephone request to Allison and its implementing regulations (50
information contained in the EA and Arnold, U.S. Fish and Wildlife Service, CFR 17.22), and the National
HCP. 10711 Burnet Road, Suite 200, Austin, Environmental Policy Act (42 U.S.C.

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Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Notices 65765

4371 et seq.) and its implementing any one of the following methods. We have determined that the
regulations (40 CFR 1506.6). Please reference permit number applicants’ proposal, including the
TE168754–0 in such comments. proposed mitigation and minimization
Thomas L. Bauer,
1. Mail or hand-deliver comments to measures, will have a minor or
Acting Regional Director, Region 2, our South Florida Ecological Services negligible effect on the species covered
Albuquerque, New Mexico. Office address (see ADDRESSES). in the HCP. Therefore, the ITP is a ‘‘low-
[FR Doc. E7–22819 Filed 11–21–07; 8:45 am] 2. E-mail comments to effect’’ project and qualifies as a
BILLING CODE 4510–55–P trish_adams@fws.gov. If you do not categorical exclusion under the National
receive a confirmation that we have Environmental Policy Act (NEPA), as
received your e-mail message, contact provided by the Department of the
DEPARTMENT OF THE INTERIOR us directly at the telephone number Interior Manual (516 DM 2 Appendix 1
listed under FOR FURTHER INFORMATION and 516 DM 6 Appendix 1). Low-effect
Fish and Wildlife Service CONTACT. HCPs are those involving (1) minor or
Before including your address, phone negligible effects on federally listed or
Receipt of an Application for an
number, e-mail address, or other candidate species and their habitats and
Incidental Take Permit for Residential
personal identifying information in your (2) minor or negligible effects on other
Construction in Charlotte County, FL
comments, you should be aware that environmental values or resources.
AGENCY: Fish and Wildlife Service, your entire comment—including your Based on our review of public
Interior. personal identifying information—may comments that we receive in response to
ACTION: Notice. be made publicly available at any time. this notice, we may revise this
While you can ask us in your comment preliminary determination.
SUMMARY: We, the Fish and Wildlife to withhold your personal identifying We will evaluate the HCP and
Service (Service), announce the information from public review, we comments submitted thereon to
availability of an incidental take permit cannot guarantee that we will be able to determine whether the application
(ITP) and Habitat Conservation Plan do so. meets the requirements of section 10(a)
(HCP). The Carlisle Group (applicant) Multiple-family apartment complex
of the Act (16 U.S.C. 1531 et seq.). If we
requests an ITP pursuant to section construction for the applicant’s HCP
determine that the application meets the
10(a)(1)(B) of the Endangered Species will take place within Sections 04 and
requirements, we will issue the ITP for
Act of 1973, as amended (Act). The 5, Township 40, Range 23, Punta Gorda,
incidental take of the scrub-jay. We will
applicant anticipates taking about 12.72 Charlotte County, Florida, at the lot
also evaluate whether issuance of the
acres of Florida scrub-jay (Aphelocoma identified by property identification
section 10(a)(1)(B) ITP complies with
coerulescens) (scrub-jay) foraging, number 00952621460004. This lot is
section 7 of the Act by conducting an
sheltering, and nesting habitat within scrub-jay-occupied habitat.
The lot encompasses about 20.11 intra-Service section 7 consultation. We
incidental to lot preparation for the will use the results of this consultation,
construction of a multiple-family acres. The project will be constructed in
two phases. Phase I consists of in combination with the above findings,
apartment complex and supporting in the final analysis to determine
infrastructure in Charlotte County, construction on 5.08 acres of the
western 12.47 acres, and Phase II whether or not to issue the ITP.
Florida (project). The applicant’s HCP
describes the mitigation and consists of the eastern 7.64 acres. Phase Authority: We provide this notice pursuant
II construction is not expected to begin to Section 10 of the Endangered Species Act
minimization measures proposed to
until Phase I is complete. The applicant (16 U.S.C. 1531 et seq.) and NEPA
address the effects of the project on the regulations (40 CFR 1506.6).
scrub-jay. proposes to place 2.85 acres of occupied
scrub-jay habitat located in Phase I Dated: November 1, 2007.
DATES: We must receive your written
under a perpetual conservation Paul Souza,
comments on the ITP application and
easement. In order to minimize take on Field Supervisor, South Florida Ecological
HCP on or before December 24, 2007.
site, the applicant has reduced the site Services Office.
ADDRESSES: See the SUPPLEMENTARY plan, will clear vegetation outside of the [FR Doc. E7–22816 Filed 11–21–07; 8:45 am]
INFORMATION section below for scrub-jay nesting season (March 1 BILLING CODE 4310–55–P
information on how to submit your through June 30) or will conduct a nest
comments on the ITP application and survey prior to vegetation clearing, and
HCP. You may obtain a copy of the ITP will landscape with native vegetation. DEPARTMENT OF THE INTERIOR
application and HCP by writing the The applicant proposes to mitigate for
South Florida Ecological Services the loss of 12.72 acres of scrub-jay Bureau of Land Management
Office, Attn: Permit number TE168754– habitat by acquiring 25.44 acres of credit
0, U.S. Fish and Wildlife Service, 1339 [MT–030–1430–HN; NDM 032161]
at a Service approved scrub-jay
20th Street, Vero Beach, FL 32960–3559. conservation bank, or contributing a Opening Order for Reconveyed Land;
In addition, we will make the ITP total of $569,417 to the Florida Scrub- North Dakota
application and HCP available for jay Conservation Fund administered by
public inspection by appointment The Nature Conservancy for Phase I AGENCY: Bureau of Land Management,
during normal business hours at the impacts and an amount determined by Interior.
above address. multiplying 15.28 acres and the cost per ACTION: Notice.
FOR FURTHER INFORMATION CONTACT: Ms. acre determined by the Florida Scrub-
Trish Adams, Fish and Wildlife SUMMARY: This order opens 3.61 acres of
jay Conservation Fund at the time of
reconveyed land to appropriation under
mstockstill on PROD1PC66 with NOTICES

Biologist, South Florida Ecological Phase II impacts. Funds in the Florida


Services Office (see ADDRESSES); the public land laws.
Scrub-jay Conservation Fund are
telephone: (772) 562–3909, ext. 232. earmarked for use in the conservation DATES: Effective Date: November 23,
SUPPLEMENTARY INFORMATION: If you and recovery of scrub-jays and may 2007.
wish to comment on the ITP application include habitat acquisition, restoration, FOR FURTHER INFORMATION CONTACT:
and HCP, you may submit comments by and/or management. Linda Gisvold, Bureau of Land

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