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do which would potentially result in a taking of Florida scrub -jays (M. Jennings, FWS, a pers. comm.). i`. Although the Florida scrub -jay was federally listed as a threatened species in 1987, t'`A FWS involvement in land development actions was not common until 1991. In June 1991, the FWS informed all State, County and Local municipalities, including Indian River County and the City of Sebastian, that they were potentially liable for third party Section 9 take violations that may result from issuance of land clearing and development permits within areas occupied by Florida scrub -jays. This far- reaching FWS notification responded to the 1987 listing of the Florida scrub -jay and the 1988 Congressional amendment to the ESA which defined the responsibility of State, County and Local rnunicipali ties in ensuring that authorized activities do not violate Section 9 prohibitions against take. The potential adverse impacts of the 14,000± lot Sebastian Highlands residential development project on the Florida scrub -jay subpopulation residing within the city limits of Sebastian was initially recognized by the FWC in the late 80's (FWS, November 12, 1996 correspondence to Indian River County - see Appendix B), By 1991, the FWC had completed a comprehensive four (4) year survey, which determined that 35 scrub -jay families occurred within the city limits of the City of Sebastian (FWS, November 12, 1996 correspondence to Indian River County). In June 1992, the City of Sebastian agreed with the FWS to develop an HCP. The City recognized that it was the only viable regulatory method available to resolve the conflict between residential housing construction and conservation of the Florida scrub -jay subpopulations residing within the incorporated limits of the City of Sebastian (FWS, November 12, 1996 correspondence to Indian River County). During this period the FWC and FWS initiated informal consultation with the City of Sebastian regarding scrub -jay conservation. To guide future conservation actions, FWS staff developed a scrub -jay core habitat reserve design (Toland 1996). The objective of this reserve design was to identify those habitat areas within the City of Sebastian that were considered essential (Conservation Areas), and less essential (Incidental Take Areas), to the long-term persistence of the Sebastian scrub -jay subpopulation. The Conservation Areas selected during this early planning effort included: 1.) Sebastian PUD/Industrial Tract (presently known as the North Sebastian Conservation Area), 2.) Sebastian Airport/Golf Course, 3.) Sebastian Elementary School -Industrial Areas, 4.) Vicker's Grove, 5.) Easy Street (presently known as Unit 17 - 34 Lots or Sebastian Highlands Scrub Conservation Area), and 6.) Pelican Elementary School and surrounding 177 platted lots in Unit 17 (Toland 1996), The Conservation Areas were selected based on the size of parcel (25 to 50 acres), contiguity and condition of xeric scrub, occupation by scrub -jays, connectivity (located within normal scrub -jay dispersal distance - 2 miles), and ability to implement habitat management and restoration actions to increase carrying capacity of the parcel for scrub -jays (