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I
<br />BOOK
<br />SEE_; United States Department of the Interior
<br />�� FISH AND WILDLIFE SERVICE
<br />P.O. SOX 2676
<br />Avr—.
<br />vERO BEACH, FLORIDA 32961.2676
<br />lulu Roland Deblois
<br />Indian River County Planning Department July 11, 1996
<br />1840 25th Street
<br />Vero Beach Florida 32960
<br />Dear Deblois:
<br />I received your facsimile of July 2, 1996, regarding lot acquisition and mitigation requirements
<br />in Sebastian Highlands, Indian River County, Florida. Your letter asked the U.S. Fish and
<br />Wildlife Service (FWS) to provide a written response to two unresolved issues. (1) will the FWS
<br />agree to eliminate the northernmost 26 lots in Unit 17 of Sebastian Highlands from it's
<br />recommended acquisition list and (2) will the FWS agree that the purchase of lots in Sebastian
<br />Fliighiands will be sufficient mitigation to offset anticipated adverse erects from residential
<br />housing construction to Florida scrub jays (Aphelocohsa ewvkscens coertikscens) and their
<br />habitat?
<br />In a May 5, 1994, letter to the Director of Community Development, City of Sebastian, the FWS
<br />iden.:fied 184 lots within unit 17 of Sebastian Highlands that needed to be protected to ensure
<br />long-term survival of scrub jays in this area. The FWS' recommendation was based on the
<br />distribution of extant Florida scrub jays in the area and the habitat requirements essential for
<br />maintaining jays in Sebastian Frghlands. All occupied, suitable habitat was included in our 1994
<br />acquisition recommendation. Currently, we believe that scrub jays continue to use many of the
<br />unaltered lots identified in our 1994 letter. However, lack of habitat managemart has led to
<br />vegetative overgrowth in some of these lots, particularly in blocks 594. 607, 610, 611, 613, 614,
<br />618, 620, and 621. Without adequate land management, we expect scrub jay use to continue to
<br />decline in marry of these lots over the next several years,
<br />Given the poor quality, small we, and difficulty in managing isolated lots in the northern
<br />Portion of Unit 17, the FWS believes that lots within the blocks listed above no longer prgvide
<br />hugh quality habitat for scrub jays is Sebastian Hrghlaads. Further, the FWS believes that•the
<br />conservation and management of these lands would not subtantially contribute to the continued
<br />survival of Florida scrub jays in Sebastian Highlands.
<br />The decision of whether to conserve and manage lots in the northern portion of Unit 17
<br />ultimately lies with the County of Indian River. A decision to exclude these lots from
<br />acquisition may eventually lead to additional habitat modification and the extirpation of scrub
<br />jays in these areas. However, since lots in the northern portion of Unit 17 are still considered
<br />occupied habitat, probibitions against take would stip apply. To avoid section 9 prohibitions,
<br />the County would have to include Florida scrub jays occurring in these lots in a Habitat
<br />Consenrauon Plan (HCP) analysis and in their incidental take permit (ITP) application. Until
<br />the County obtains an ITP, no building permits (or other land altering activities) should be
<br />authorized in occupied scrub jay habitat.
<br />Your second request asked that the FWS agree that the purchase, conservation, and management
<br />of the remaining lots in Sebastian Ffigbbm& will be sufficient to offset efr'ects of housing
<br />construction on Florida snub jays. Section 10 of the Endangered Species Act, as amended (16
<br />U.S.C. 1531 of seq.)(ESA) provides only one mechanism, other than for experimental purposes.
<br />to allow the take of listed species by non-federal entities. As you know, section 10(ax2)(A) of
<br />the ESA requires preparation of a conservation plan before the FWS can consider issuance of an
<br />M. In essence, the HCP formalizes the County's commitment to minimize and mitigate
<br />adverse effects to Florida scrub jays, whsle the issuance of the 17P is the FWS' commitment to
<br />allow take in accordance with the protective measures outlined in the HCP.
<br />Given the regulatory constraints outlined above, it is impossible for the FWS to provide a
<br />commitment to the proposed purchase, consavation, and management of lots in Sebastian
<br />Nrghlanda without first receiving a complete application for an ITP. Though the FWS believes
<br />that habitat preservation and management will be a important element of the County's permit
<br />application, other factors such as mitigation and management fimdmg need to be addressed.
<br />The FWS recognizes the frustration of all parties involved in this issue; however, the statutory
<br />and regulatory framework within which we must work mandates preparation of an HCP before
<br />we can consider issuance of an ITP. Though progress has been slow, the county has initiated
<br />efforts to develop a countywide HCP for Florida scrub jays, including those areas m Sebastian
<br />Highlands. Unfordmately, fiscal and personnel constraints have apparently resulted in delays in
<br />the preparation of the countywide HCP. The effect of this delay will undoubtedly lead to
<br />additional uncertainty for those lot owners who await a final determination as to the disposition
<br />of their property. Delay in the preparation of the HCP will also result in additional FWS
<br />workload required to survey individual lots for presence of scrub jays.
<br />JULY 169 1996
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<br />98 P,{u 544
<br />M
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