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implementation of a functioning HCl' that directs immediate and intensive habitat restoration and management of the remaining Atlantic Coastal scrub habitat patches is needed not only to ameliorate the severe Florida scrub -jay population decline, but also to relieve the regulatory burden from residential lot owners desiring to develop their properties. 1.2. Government Regulations Pertaining to the Sebastian HCP The Florida scrub -jay was federally listed as a threatened species on June 3, 1987. This Federal listing granted protection to the Florida scrub -jay in accordance with Section 4(d) and 9 of the ESR (16 USC 1531 -1543), and by regulations promulgated thereunder (50 CFR Part 17), which prohibit tile "take" of a federally listed species. The Secretary of the Interior and the FWS are primarily responsible for administration of the ESA. "Take" is defined to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct (Section 3(8) of the ESA), "Harm" and "harass" have been further defined in FWS regulations 50 CFR 17.3. "Harm" is interpreted to include significant habitat modification or degradation which results in death or injury to listed species to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering. "Harass" is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are riot limited to, breeding, feeding or sheltering. Therefore, any activity as described above, may constitute a violation of Section 9 of the ESA. The Section 9 prohibitions against "take" apply to actions conducted by "...any person subject to the jurisdiction of the United States..". The term "person" was further interpreted in a 1988 amendment to the ESA to include actions carried out by states, counties and municipalities. This includes the issuance of land clearing and development permits by local governments, such as the City of Sebastian. The ESA provides two regulatory methods to the "person" who wishes to conauct development activities on land containing federally fisted species. The regulatory method that is used is based on whether the project is a Federal activity or a non - Federal activity. Federal activities include, but are not limited to, the' issuance of Federal permits, authorization, or funding. Ili either case, the permitted "take" of a listed species is referred to as an "incidental take". Incidental take is defined as any take of a listed species that results from, but is not the purpose of, carrying out all otherwise lawful activity (Section 10(a)(1)(a), ESA). The first method for procurement of an "incidental take" authorization is for Federal activities. This is accomplished through Section 7 of the ESA, Interagency Cooperation, by issuance of an "incidental take statement" from the FWS. Section 7(a)(2) of the ESA requires that each Federal ac,7enry, in consultation with the FWS,