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C: <br />r <br />RESOLUTION NO. R-97-63 <br />f¢M <br />A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER <br />COUNTY, FLORIDA, SUPPORTING, IN CONCEPT, THE <br />CONSERVATION AND MANAGEMENT OF SCRUB JAY HABITAT ON <br />CITY OWNED PROPERTY, AS PART OF A SEBASTIAN AREA -WIDE <br />HABITAT CONSERVATION PLAN BEING DEVELOPED BY INDIAN <br />RIVER COUNTY TO MITIGATE SCRUB JAY HABITAT IMPACTS <br />ASSOCIATED WITH THE DEVELOPMENT OF PRIVATELY OWNED <br />SCRUB LOTS IN SEBASTIAN HIGHLANDS SUBDIVISION; <br />PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, Pursuant to the Federal Endangered Species Act, the U.S. Fish and Wildlife <br />Service is charged with the protection and regulation of habitat associated with federally listed rare <br />or threatened species; and <br />WHEREAS, In 1987, the Florida Scrub Jay was listed as a threatened species by the <br />Federal Government; and <br />WHEREAS, The U.S. Fish and Wildlife Service has identified approximately 475 platted <br />lots in Sebastian Highlands Subdivision that contain important Florida Scrub Jay habitat and are <br />subject to regulation under the Endangered Species Act; and <br />WHEREAS, In accordance with the Endangered Species Act, impacts to the habitat of <br />Federally endangered or threatened species can only be permitted in association with a Habitat <br />Conservation Plan (HCP) approved by the U.S. Fish and Wildlife Service, whereby any habitat <br />impacts proposed under an HCP are sufficiently off -set by mitigation; and <br />WHEREAS, In October, 1996, Indian River County proposed to the U.S. Fish and <br />Wildlife Service that the Service conceptual agree to accept, as mitigation for release of the <br />approximate 475 Sebastian Highlands scrub lots for private development, the County's <br />commitment to conserve and courage Scrub Jay habitat on lands acquired by the County under its <br />En-vironmental Lands Program; and <br />WHEREAS, U.S. Fish and Wildlife Service staff responded to Indian River County's <br />proposal by indicating an additional need that the City of Sebastian agree to conserve scrub habitat <br />on existing City owned property, if the County's HICP to release the scrub lots is to be approved; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: <br />SECTION L RECITALS RATIFICATION: 77re above recitals are ratified in their <br />�� entirety. <br />/k <br />