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40 <br />insure that any action it authorizes, funds or carries out, is not likely to jeopardize the <br />continued existence of any listed species or result in the destruction or adverse <br />modification of habitat determined to be critical to such species. <br />The second method, which addresses non -Federal activities such as the private <br />development concerns addressed herein, is the issuance of an "incidental take" permit <br />from the FWS in accordance with Section 10(a)(1)(S) of the ESA. This method <br />Pm, requires that the applicant submit a conservation plan, referred to as a Habitat <br />Conservation Plan (HCP). The goal of the HCP program is to ensure that the effects of <br />the authorized incidental take will be adequately minimized and mitigated to the <br />maximum extent practicable (FWS and National Marine Fisheries Service (NMFSj <br />1996). The Congressional intent of the NCP program was to institute "... a process- <br />that, at its best, would integrate non -Federal development and land use activities with <br />conservation goals, resolve conflicts between endangered species protection and <br />economic activities on non -Federal lands, and create a climate of partnership and <br />cooperation" (FWS and NMFS 1996). The Sebastian HCP presented herein is <br />designed to comply with the Congressional intent of the HCP program. <br />The Florida scrub -jay is also protected in accordance with the Wildlife Code of the <br />State of Florida (Chapter 39, Florida Administrative Code (F.A.C.)), administered by <br />the Florida Fish and Wildlife Conservation Commission (FWC), formerly the Florida <br />Game and Fresh Water Fish Commission (FGFWFC), where it is listed as a <br />threatened species. The State of Florida, in Chapter 39, F.A.C„ defines take <br />similarly to the ESA, except that protection of occupied habitat is not specifically <br />included in the State's definition of "take". The FWC will be. requested to provide <br />comment to the Sebastian HCP as part of the public review process. <br />In accordance with Section 10(a)(2)(A) of the ESA, this document assesses the <br />effects of the proposed take on the Florida scrub -jay population and provides <br />conservation strategies that serve to rninirnize and mitigate these potential -adverse <br />effects. <br />E <br />