Environmental & Extension Services - Natural Resources
Scrub-Jay Review Package (pdf) - Territory Search - Review Procedure - USFWS Agreement (pdf) - Habitat Conservation
Florida Scrub-Jay - Permitting
The Florida Scrub-jay is protected under both State and Federal laws. In addition, Scrub habitats, nests and eggs are also protected by these regulations. Regulatory requirements for protection of Scrub-jays and their habitat are under the Endangered Species Act which is enforced by the United States Fish & Wildlife Service (USFWS).
The County can not relieve an applicant of Federal nor State regulations regarding listed species, including the Florida Scrub-jay. For properties that contain scrub habitats or are occupied by Florida Scrub-jays, consultation is required with the United States Fish and Wildlife Service prior to initiating a clearing project and before the county may issue a building permit or tree removal and protection permit.
- Consultation is a process through which a development proposal is reviewed by the United States Fish and Wildlife Service and a determination made about how impacts may be avoided, minimized or mitigated.
- After the determination is made and the applicant complies, the United States Fish and Wildlife Service issues a release letter for the parcel. Currently, the USFWS will not provide written release for vacant land purchases, only verbal release.
- The United State Fish and Wildlife Service must release a property before the county can issue any development permits for a parcel.
The United States Fish and Wildlife Service has oversight of the Endangered Species Act, and staff at the Vero Beach, Florida office can be reached at (772) 562-3909. The United States Fish and Wildlife Service has a web site about Scrub-jays and the Habitat Conservation Plans needed for impacts related Incidental Take Permits.
Note: On September, 2006, the data sets depicting actual scrub-jay urbanized territories, and actual sightings were updated based on new data that has been gathered and ground-truthing by United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission. The data sets, which have been downloaded into a search engine, are informational and are designed to approximate where Scrub-jays and Scrub-jay territories exist. The Parcel Identification Number or the Address search is not a definitive finding on where scrub-jays may be present. If your Parcel Identification Number or Address is entered into the search engine and is documented as being in a known Scrub-jay territory, per the United States Fish and Wildlife Service, please contact the United States Fish and Wildlife Service for any possible mitigation responsibility that maybe warranted, if any. Charlotte County has no authority to establish mitigation requirements for impacts related construction within designated Scrub-jay data sets. If the search does not indicate that your property is within updated data set, per the United States Fish and Wildlife Service, then the construction permitting process can move forward without federal delay.
- Information provided by the County is what is known at this time, per the United States Fish and Wildlife Service, it has been documented that Scrub jays can and will move and can be found outside these identified data sets. It is advised that you perform environmental due diligence to aid you in your decisions.
- The United States Fish and Wildlife Service can and will modify the data sets by adding or removing properties as appropriate to documented sightings and observation, to ensure the protection of the Florida Scrub Jay and adhere to the Endangered Species Act
New Guidelines for conducting Florida Scrub-jay surveys on urban, single family lots that are less than one acre have been issued by the North Florida Ecological Services Office of the United States Fish and Wildlife Service with date September 26, 2005. For scrub-jay surveys on parcels that are one acre or larger, continue to use the protocol dated March 10, 2005. For additional information, please contact the United States Fish and Wildlife Service concerning proper survey protocols (772-562-3909).
Cautionary note: This database is information currently
available and is subject to change, it has been documented that scrub jays can
and will move outside of known occupied territories, and these newly identified
properties would be subject to United States Fish and Wildlife Service review.
Consultation with United States Fish and Wildlife Service will involve providing information which is outlined on the application. An application link is provided for you.
If you need further clarification please call the United States Fish and Wildlife Service at 772-562-3909, or Charlotte County Natural Resources Division at 941-764-4360.
Florida Scrub-Jay – County-wide Habitat Conservation Plan (HCP) Development
In an effort to reduce the regulatory burden of this process, Charlotte County Natural Resources was awarded a grant by the U.S. Fish and Wildlife Service to begin developing a County-wide Habitat Conservation Plan (HCP) for the Florida Scrub-jay. The HCP will define a reserve network to help ensure long term survival of the Florida Scrub-jay and establish system for alleviating some of the regulatory burden on citizens for mitigating impacts.
A Habitat Conservation Plan (HCP) is developed as part of the application for an Incidental Take Permit, under Section 10 of the Endangered Species Act (ESA).
The HCP outlines what will be done to "minimize and mitigate" the impact of the permitted take on the listed species. Charlotte County Conservation Plan
The HCP process is a complicated scientific conservation planning tool, and provides regulatory certainty for Charlotte County land owners. As part of this process Charlotte County held informational public forums on November 2nd & 3rd to provide citizens with an update on the current status of the HCP development. Additional public forums and BCC workshops will be scheduled in the future.
View the power point presentation:
Public Forum November 2009 - Habitat Conservation Planning
Habitat Conservation Planning Frequently Asked Questions
For more information
Charlotte County Environmental & Extension Services
25550 Harbor View Road, Unit 2, Port Charlotte, FL 33980
941.764.4360
