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12/9/1997
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12/9/1997
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
12/09/1997
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The HCP must, among other things, analyze proposed development impacts on scrub jay habitat, and <br />must include mitigation to offset adverse impacts. Mitigation generally entails the conservation <br />and/or restoration of scrub jay habitat in the vicinity of the habitat destroyed, at a ratio in the range <br />of 2 to 4 acres conserved for each acre cleared, depending on the quality and scrub jay -usage of the <br />impacted scrub. <br />HCPs are most effective on a large scale vs. an individual lot basis. That is because a holistic <br />approach to habitat protection is more likely to sustain a species in the long run rather than <br />incremental, fragmented habitat conservation. Moreover, it is cost -prohibitive for an individual lot <br />owner to develop an HCP and mitigate impacts at the ratios noted herein. <br />For those reasons, the Board of County Commissioners, when considering the purchase of multiple <br />scrub lots in Sebastian Highlands Unit 17 in September, 1996, directed staff to work with the FWS <br />to determine if the ±450 Sebastian Highlands scrub lots could be released for development with <br />mitigation consisting of County restoration and management of large tracts of scrub habitat acquired <br />under the County's environmental lands program. <br />On October 17, 1996, staff wrote a letter to the FWS proposing that the County's acquired scrub <br />tracts serve as mitigation for release of the Highlands scrub lots (see attached). On November 12, <br />1996, FWS staff responded (see attached letter). Generally, the FWS' response indicated that, in <br />addition to scrub tracts acquired by the County, scrub lands owned by the City of Sebastian and the <br />Indian River School Board would also need to be managed and conserved to sufficiently mitigate <br />development of the Sebastian Highlands scrub lots. <br />This past year, county staff has coordinated with the FWS, the City of Sebastian, and the Indian River <br />School Board to determine the City's and the School Board's willingness to work with the County <br />in developing an area -wide HCP, including conservation of scrub jay habitat on City and School <br />Board owned properties. In October, 1997, both the City Council and the School Board considered <br />the matter and conceptually agreed to cooperate with the County on development of an HCP (see <br />attached). <br />ANALYSIS <br />Under federal law, the FWS cannot authorize the destruction of habitat that would adversely affect <br />a federally threatened or endangered species, except as may be allowed through the "incident <br />take"permitting process, which calls for mitigation and development of a Habitat Conservation Plan. <br />If the County is to proceed with its proposal to mitigate development of the Sebastian Highlands <br />scrub lots using public conservation lands, the next step is for the County to develop an HCP and <br />apply for an incidental take permit. Although county staff has a general understanding of scrub jay <br />biology, habitat needs, and the federal permitting process, staff does not have the expertise nor the <br />opportunity to devote the time necessary to develop the HCP. As such, it is stall's position that, if <br />a Sebastian area -wide scrub jay HCP is to be developed, a consultant will need to be hired for the <br />task. <br />Comprehensive Plan <br />Notwithstanding the benefits of an area -wide HCP to the private scrub lot owners in Sebastian <br />Highlands, who have endured development constraints under the Endangered Species Act, <br />development of a habitat conservation plan on an area -wide basis is good planning. As previously <br />mentioned, a holistic approach to habitat protection and management is more productive and <br />sustainable than fragmented habitat protection on a case-by-case basis. In that vein, Conservation <br />Policy 7.9 of the 2020 County Comprehensive Plan, recently approved by the Board, calls for <br />completion of an area -wide scrub jay HCP as described herein. <br />47 <br />December 9, 1997 <br />
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