Issuance of Permits, 2182-2183 [05-541]

Download as PDF 2182 Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices notice (CGD17–04–003), the specific section of the document to which each comment applies, and give the reason for each comment. Please submit all comments and attachments in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. Persons wanting acknowledgement of receipt of comments should enclose stamped, selfaddressed postcards or envelopes. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to Commander (m), Seventeenth Coast Guard District, P.O. Box 25517, Juneau, AK 99802–5517. The request should include reasons why a hearing would be beneficial. If there is sufficient evidence to determine that oral presentations will aid this recertification process, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register. Background and Purpose The Coast Guard published guidelines on December 31, 1992 (57 FR 62600) to assist groups seeking recertification under the Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33 U.S.C. 2732)(the Act). The Coast Guard issued a policy statement on July 7, 1993 (58 FR 36504) to clarify the factors that the Coast Guard would be considering in making its determination as to whether advisory groups should be certified in accordance with the Act; and the procedures which the Coast Guard would follow in meeting its certification responsibilities under the Act. Most recently, on September 16, 2002 (67 FR 58440) the Coast Guard changed its policy on recertification procedures for RCACs by requiring applicants to provide comprehensive information every three years. For the two years in between, applicants only submit information describing substantive changes to the information provided at the last triennial recertification. At the conclusion of the comment period, February 1, 2005, the Coast Guard will review all application materials and comments received and will take one of the following actions: (a) Recertify the advisory group under 33 U.S.C. 2732(o). (b) Issue a conditional recertification for a period of 90 days, with a statement of any discrepancies, which must be corrected to qualify for recertification for the remainder of the year. (c) Deny recertification of the advisory group if the Coast Guard finds that the group is not broadly representative of the interests and communities in the area or is not adequately fostering the goals and purposes of 33 U.S.C. 2732. The Coast Guard will notify PWSRCAC by letter of the action taken on their respective applications. A notice will be published in the Federal Register to advise the public of the Coast Guard’s determination. Dated: December 27, 2004. James C. Olson, Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard District. [FR Doc. 05–534 Filed 1–11–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Issuance of Permits AGENCY: Fish and Wildlife Service, Notice of issuance of permits for endangered species and/or marine mammals. ACTION: SUMMARY: The following permits were issued. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax (703) 358–2281. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone (703) 358–2104. SUPPLEMENTARY INFORMATION: Notice is hereby given that on the dates below, as authorized by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.), and/or the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361, et seq.), the Fish and Wildlife Service issued the requested permits subject to certain conditions set forth therein. For each permit for an endangered species, the Service found that (1) the application was filed in good faith, (2) the granted permit would not operate to the disadvantage of the endangered species, and (3) the granted permit would be consistent with the purposes and policy set forth in Section 2 of the Endangered Species Act of 1973, as amended. Interior. ENDANGERED SPECIES Permit No. Applicant Receipt of application FEDERAL REGISTER notice 093991 ........... 094213 ........... Scott L. Sutherland ............................................... Gordon L. Blaser .................................................. 69 FR 65213; November 10, 2004 ...................... 69 FR 65213; November 10, 2004 ...................... Permit issuance date December 9, 2004. December 9, 2004. MARINE MAMMALS Permit No. Applicant Receipt of application FEDERAL REGISTER notice 092677 ........... 092340 ........... Gregory S. Williamson ......................................... Guy P. Ferraro ..................................................... 69 FR 55445; September 14, 2004 ..................... 69 FR 65214; November 10, 2004 ...................... VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1 Permit issuance date December 7, 2004. December 21, 2004. Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices Dated: December 31, 2004. Michael L. Carpenter, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. 05–541 Filed 1–11–05; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for Westlake Ranch LLC in Clatsop County, OR Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. AGENCY: SUMMARY: This notice advises the public that Westlake Ranch LLC and Randy and Tasha Curs (Applicants) have applied to the Fish and Wildlife Service (Service) for an incidental take permit (ITP), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested 50-year permit would authorize the incidental take of the threatened Oregon silverspot butterfly (Speyeria zerene hippolyta, ‘‘butterfly’’), associated with the construction and residential development of 75 lots on approximately 165 acres, five miles north of the city of Gearhart, in Clatsop County, Oregon. We are requesting comments on the permit application and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ‘‘low effect’’ HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS), which is also available for public review. DATES: Written comments must be received by 5:00 p.m. on February 11, 2005. Comments should be addressed to Kemper McMaster, State Supervisor, Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, Oregon 97266, fax number (503) 231– 6195 (for further information and instruction on the reviewing and commenting process, see Public Review and Comment section below). FOR FURTHER INFORMATION CONTACT: Richard Szlemp, Fish and Wildlife Biologist, Fish and Wildlife Service (see ADDRESSES), or telephone (503) 231– 6179. ADDRESSES: SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 17:37 Jan 11, 2005 Jkt 205001 Availability of Documents Individuals wishing copies of the application, proposed HCP, or EAS, should contact the Service by telephone (see FOR FURTHER INFORMATION CONTACT) or by letter (see ADDRESSES). Copies of the subject documents also are available for public inspection during regular business hours at the Oregon Fish and Wildlife Office (see ADDRESSES). Background Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal regulations prohibit the ‘‘take’’ of a fish or wildlife species listed as endangered or threatened. Take of federally listed fish and wildlife is defined under section 3 of the ACT as including to ‘‘harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in such conduct’’ (16 U.S.C. 1538). The Service may, under limited circumstances, issue permits to authorize ‘‘incidental take’’ of listed species. ‘‘Incidental take’’ is defined by the ACT as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing permits for threatened species and endangered species, respectively, are at 50 CFR 17.32 and 50 CFR 17.22. The Applicants are seeking a permit for the incidental take of the butterfly during the 50-year term of the permit. Proposed covered activities under this HCP include development of 75 residential lots on approximately 165 acres by Westlake Ranch LLC and Randy and Tasha Curs. Incidental take of the butterfly would be likely only in areas containing its larval host plant, the early blue violet (Viola adunca). The proposed development area on Westlake Ranch LLC contains a total of 12 early blue violet patches. Eight of the proposed residential lots would impact early blue violets. One of the 12 early blue violet patches is about 0.13 acre in size. The other eleven patches are no more than five meters square. Ten of the 11 patches contain less than ten plants each. The remaining patch of the 11 contains greater than 20 plants, but is located outside of the development footprint. No early blue violets would be impacted on the Curs’ property. The proposed minimization and mitigation measures include setting aside a 6.5 acre area in perpetuity that contains a 0.5 acre patch of violets and a 0.55 acre patch of dune goldenrod (Solidago spathulata), which is a native plant that serves as an adult butterfly nectar source. The 6.5 acres would be protected under a conservation easement and be managed through annual mowing or other means to PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 2183 reduce competition from non-native plants. The Service would assist in the development of the annual mowing plan and be consulted regarding future management decisions. In addition, the Curs would continue to follow the terms of an existing agreement with the Service to manage a 1.5 acre area for the maintenance of early blue violets for the life of the proposed 50-year permit. Approval of the HCP may qualify as a categorical exclusion under NEPA, as provided by the Departmental Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) and as a ‘‘low effect’’ plan as defined by the Habitat Conservation Planning Handbook (Service, November, 1996). Determination of low effect HCPs is based upon the plan having: minor or negligible effects on federally-listed, proposed, or candidate species and their habitats; minor or negligible effects on other environmental values or resources; and, impacts that considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects would not result, over time, in cumulative effects to the environmental values or resources which would be considered significant. If it is found to qualify as a low-effect HCP, further NEPA documentation would not be required. Public Review and Comment If you wish to comment on the permit application, draft Environmental Action Statement, or the proposed HCP, you may submit your comments to the address listed in the ADDRESSES section of this document. We will evaluate this permit application, associated documents, and comments submitted thereon to determine whether the permit application meets the requirements of section 10(a) of the Act and NEPA regulations. Individual respondents may request that we withhold their home address from the record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the record a respondent’s identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. Anonymous comments will not be considered. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, are available for public inspection in their entirety. If we determine that the requirements are met, we will issue an incidental take permit under section 10(a)(1)(B) of the Act to the Applicants for take of the butterfly, incidental to E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2182-2183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-541]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Issuance of Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of issuance of permits for endangered species and/or 
marine mammals.

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SUMMARY: The following permits were issued.

ADDRESSES: Documents and other information submitted with these 
applications are available for review, subject to the requirements of 
the Privacy Act and Freedom of Information Act, by any party who 
submits a written request for a copy of such documents to: U.S. Fish 
and Wildlife Service, Division of Management Authority, 4401 North 
Fairfax Drive, Room 700, Arlington, Virginia 22203; fax (703) 358-2281.

FOR FURTHER INFORMATION CONTACT: Division of Management Authority, 
telephone (703) 358-2104.

SUPPLEMENTARY INFORMATION:
    Notice is hereby given that on the dates below, as authorized by 
the provisions of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531, et seq.), and/or the Marine Mammal Protection Act of 1972, 
as amended (16 U.S.C. 1361, et seq.), the Fish and Wildlife Service 
issued the requested permits subject to certain conditions set forth 
therein. For each permit for an endangered species, the Service found 
that (1) the application was filed in good faith, (2) the granted 
permit would not operate to the disadvantage of the endangered species, 
and (3) the granted permit would be consistent with the purposes and 
policy set forth in Section 2 of the Endangered Species Act of 1973, as 
amended.

                                               Endangered Species
----------------------------------------------------------------------------------------------------------------
                                                              Receipt of application
        Permit No.                   Applicant               Federal Register notice       Permit issuance date
----------------------------------------------------------------------------------------------------------------
093991...................  Scott L. Sutherland..........  69 FR 65213; November 10,      December 9, 2004.
                                                           2004.
094213...................  Gordon L. Blaser.............  69 FR 65213; November 10,      December 9, 2004.
                                                           2004.
----------------------------------------------------------------------------------------------------------------


                                                 Marine Mammals
----------------------------------------------------------------------------------------------------------------
                                                              Receipt of application
        Permit No.                   Applicant               Federal Register notice       Permit issuance date
----------------------------------------------------------------------------------------------------------------
092677...................  Gregory S. Williamson........  69 FR 55445; September 14,     December 7, 2004.
                                                           2004.
092340...................  Guy P. Ferraro...............  69 FR 65214; November 10,      December 21, 2004.
                                                           2004.
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[[Page 2183]]

    Dated: December 31, 2004.
Michael L. Carpenter,
Senior Permit Biologist, Branch of Permits, Division of Management 
Authority.
[FR Doc. 05-541 Filed 1-11-05; 8:45 am]
BILLING CODE 4310-55-P
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