Notice of Availability of a Proposed Amendment to Environmental Defense, Inc.'s Safe Harbor Agreement, 51088-51089 [05-17063]
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51088
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
The Applicants agree to avoid
construction during the nesting season
if active nests are found onsite, but no
other on-site minimization measures are
proposed to reduce take of scrub-jays.
The lots combined encompass about
0.48 acre (0.24 acre each) and the
footprint of the homes, infrastructure,
and landscaping preclude retention of
scrub-jay habitat. On-site minimization
may not be a biologically viable
alternative due to increasing negative
demographic effects caused by
urbanization.
Based on the above information, we
believe that scrub-jays in the vicinity of
the Applicant’s lots, currently have little
long-term demographic value to the
metapopulation overall. Consequently,
we feel that the loss of 0.48 acres of
habitat is likely to result in only minor
or negligible impacts on the species.
In combination, the Applicants
propose to mitigate for the loss of 0.48
acres of scrub-jay habitat by
contributing a total of $6,432 ($3,216 for
Maronda Homes and $3,216 for Duke
Construction) to the Florida Scrub-jay
Conservation Fund administered by the
National Fish and Wildlife Foundation.
Funds in this account are ear-marked for
use in the conservation and recovery of
scrub-jays and may include habitat
acquisition, restoration, and/or
management. The $6,432 is sufficient to
acquire and perpetually manage about
0.96 acres of suitable occupied scrub-jay
habitat based on a replacement ratio of
two mitigation acres per one impact
acre. The cost is based on previous
acquisitions of mitigation lands in
southern Brevard County at an average
$5,700 per acre, plus a $1,000 per acre
management endowment necessary to
ensure future management of acquired
scrub-jay habitat.
We have determined that the HCPs
are low-effect plans that are
categorically excluded from further
NEPA analysis, and do not require the
preparation of an EA or EIS. This
preliminary information may be revised
due to public comment received in
response to this notice. Low-effect HCPs
are those involving: (1) minor or
negligible effects on federally listed or
candidate species and their habitats,
and (2) minor or negligible effects on
other environmental values or
resources. The Applicants’ HCPs qualify
for the following reasons:
1. Approval of each of the HCPs
would result in minor or negligible
effects on the Florida scrub-jay
population as a whole. We do not
anticipate significant direct or
cumulative effects to the Florida scrubjay population as a result of the
construction projects.
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15:17 Aug 26, 2005
Jkt 205001
2. Approval of each of the HCPs
would not have adverse effects on
known unique geographic, historic or
cultural sites, or involve unique or
unknown environmental risks.
3. Approval of each of the HCPs
would not result in any significant
adverse effects on public health or
safety.
4. The projects do not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
nor do they threaten to violate a Federal,
State, local or tribal law or requirement
imposed for the protection of the
environment.
5. Approval of the Plans would not
establish a precedent for future action or
represent a decision in principle about
future actions with potentially
significant environmental effects.
We have determined that issuance of
these incidental take permits qualify as
a categorical exclusion under the NEPA,
as provided by the Department of the
Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Therefore,
no further NEPA documentation will be
prepared.
We will evaluate the HCPs and
comments submitted thereon to
determine whether the applications
meet the requirements of section 10(a)
of the Act. If it is determined that those
requirements are met, the ITPs will be
issued for the incidental take of the
Florida scrub-jay. We will also evaluate
whether issuance of the section
10(a)(1)(B) ITPs comply with section 7
of the Act by conducting an intraService section 7 consultation. The
results of this consultation, in
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue the
ITPs.
Dated: August 11, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–17077 Filed 8–26–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Proposed
Amendment to Environmental Defense,
Inc.’s Safe Harbor Agreement
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and 30-day
public comment period.
AGENCY:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
SUMMARY: Environmental Defense, Inc.
(ED) has submitted to the U.S. Fish and
Wildlife Service (Service) a request to
amend their Safe Harbor Agreement
(SHA) and associated Endangered
Species Act (Act) Section 10(a)(1)(A)
Safe Harbor Enhancement of Survival
permit (Permit) for habitat restoration
activities on private lands for the
endangered Black-capped vireo (Vireo
atricapilla) (BCVI) and Golden-cheeked
warbler (Dendroica chrysoparia)
(GCWA) in the Hill Country of Texas to
include twelve additional counties,
along with amending language in
Attachment 2 of their SHA. The
amendment would allow the Safe
Harbor program to expand onto
additional private lands in Texas, thus
furthering the conservation of BCVIs
and GCWAs.
DATES: To ensure consideration, written
comments must be received on or before
September 28, 2005.
ADDRESSES: Persons wishing to review
the application may obtain copies by
calling or faxing a request to the Service
at the U.S. Fish and Wildlife Service
Austin Office, 10711 Burnet Road, Suite
200, Austin, Texas 78758, (512/490–
0057 voice, 512/490–0974 fax). The
amendment request will also be
available for public inspection, by
appointment, during normal business
hours (8 a.m. to 4:30 p.m.) at the Fish
and Wildlife Service Austin Office.
During the 30-day public comment
period, written comments or data
should be submitted to the Field
Supervisor at the above address. Please
refer to the amendment to ED’s SHA in
the Texas Hill Country (TE–024875–1).
All comments received, including
names and addresses, will become a
part of the official administrative record
and may be made available to the
public.
FOR FURTHER INFORMATION CONTACT:
Christina Williams at the Fish and
Wildlife Service Austin Office, 10711
Burnet Road, Suite 200, Austin, Texas
78758, (512/490–0057 voice, 512/490–
0974 fax).
SUPPLEMENTARY INFORMATION: In
addition to the 25 counties covered
under their current permit, habitat
enhancement activities could now occur
in any or all of the following additional
counties: Bexar, Callahan, Coke,
Concho, Hamilton, Hood, Kinney,
McLennan, Palo Pinto, Runnels, Taylor,
and Tom Green. Habitat enhancement
activities could include, but are not
limited to, prescribed burning, selective
Ashe juniper thinning, rotational
grazing, cowbird trapping, and
hardwood regeneration.
E:\FR\FM\29AUN1.SGM
29AUN1
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
Currently, ED is prevented by the
terms and conditions of their original
SHA from enrolling non-habitat within
300 feet of GCWA habitat, which would
create and maintain a strip of nonhabitat between two patches of habitat.
Therefore, ED is requesting that
language in Attachment 2 of the SHA be
amended to allow for the creation of
habitat for BCVIs or GCWAs within 300
feet of GCWA habitat, so long as no
alteration of existing habitat occurs.
BCVI and GCWA were listed as
endangered in November 1987 and May
1990, respectively. The BCVI and
GCWA are migratory songbirds that
occupy breeding habitat in Texas from
about March 1–August 31. The BCVI
requires an early successional stage,
patchy island habitat of wooded areas
with shrubs up to about 6 feet tall
surrounded by grasslands. GCWA
habitat is mixed closed canopy
woodland of mature Ashe juniper and
oaks.
Approximately 98 percent of the land
in Texas is privately owned, with a
substantial majority of existing and
restorable BCVI and GCWA habitat
falling into this category. Therefore, the
participation of private landowners in
the recovery of these two species is
highly important.
Landowners having currently
unoccupied or unsuitable, but restorable
habitat and thus a zero baseline
condition for the Safe Harbor, would be
eligible for Certificates of Inclusion.
Exceptions to the zero baseline may also
be included for certificates under very
limited circumstances with concurrence
from the Service. Upon completion and
maintenance of the habitat
improvements for at least four breeding
seasons, the landowners would be
permitted to conduct any otherwise
lawful activity on their property,
including activities that result in the
partial or total elimination of the
restored habitat and the incidental
taking of either of these species as a
result of such habitat elimination
(return to baseline).
The authority for this action is the
Endangered Species Act of 1973, as
amended, through its permitting
provisions (50 CFR part 17). The
amendment request is available for
public review, and 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 document within the
VerDate Aug<18>2005
15:17 Aug 26, 2005
Jkt 205001
comment period to the address specified
below (43 CFR part 2).
Joy E. Nicholopoulos,
Acting Regional Director, Region 2,
Albuquerque, New Mexico.
[FR Doc. 05–17063 Filed 8–26–05; 8:45 am]
BILLING CODE 4510–55–P
INTERNATIONAL TRADE
COMMISSION
Possible Modifications to the
International Harmonized System
Nomenclature
United States International
Trade Commission.
ACTION: Request for proposals to amend
the international Harmonized System.
AGENCY:
SUMMARY: The Commission is soliciting
proposals from interested parties and
agencies to amend the international
Harmonized Commodity Description
and Coding System (Harmonized
System), including the rules of
interpretation, section and chapter notes
and the texts of the headings and
subheadings, with a view to keeping the
System current with changes in
technology and trade patterns. Specific
proposals in this connection will be
reviewed by the Commission staff for
potential submission to the World
Customs Organization (WCO), in
Brussels, Belgium.
EFFECTIVE DATE: August 18, 2005.
FOR FURTHER INFORMATION CONTACT:
David Beck, Acting Director, Office of
Tariff Affairs and Trade Agreements (O/
TATA) (202–205–2595,
david.beck@usitc.gov) or Ronald Heller
(202–205–2596,
ronald.heller@usitc.gov). The O/TATA
fax number is 202–205–2616. The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819, margaret.olaughlin@usitc.gov).
Hearing impaired individuals are
advised that information on this matter
can be obtained by contacting the TDD
terminal on (202–205–1810). General
information concerning the
Commission, including subsequent
notices published pursuant to section
1210 of the 1988 act, may also be
obtained by accessing its Internet server
(https://www.usitc.gov). The public
record for these investigations may be
viewed on the Commission’s electronic
docket (EDIS–ONLINE) at https://
www.usitc.gov/secretary/edis.htm.
Background: Soon after the
implementation of the Harmonized
System (HS) in 1988, the Harmonized
System (HS) Review Subcommittee
(RSC) of the World Customs
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
51089
Organization (WCO) began a series of
reviews of the entire HS. The fourth
review cycle begins this year, with an
expected implementation date for
changes of January 2012.
The HS was established by an
international Convention, which, inter
alia, provides that the System should be
kept up-to-date in light of changes in
technology and patterns of international trade. The international HS
nomenclature, which is maintained by
the WCO, provides a uniform structural
basis for the customs tariff and
statistical nomenclatures of all major
trading countries of the world,
including the United States. The
Commission, the U.S. Bureau of
Customs and Border Protection and the
Bureau of the Census are responsible for
the development of U.S. technical
proposals concerning the HS under
section 1210 of the Omnibus Trade and
Competitiveness Act of 1988 (the 1988
Act) (19 U.S.C. 3010). A 1988 notice
issued by the United States Trade
Representative (53 FR 45646, Nov. 10,
1988), establishes the Commission as
the lead U.S. agency in considering
proposals for HS amendments that are
intended to ensure that it reflects such
changes in technology and trade.
A copy of the U.S. Harmonized Tariff
Schedule (HTSA), which incorporates
the international Harmonized System in
its overall structure, can be downloaded
at https://www.usitc.gov/tata/index.htm.
Hard copies and electronic copies of the
HTSA can be found at many of the 1,400
federal Depository Libraries located
throughout the United States and its
territories; further information about
these locations can be found at https://
www.gpoaccess.gov/fdlp.html, or by
contacting GPO Access at the
Government Printing Office, 866–512–
1800.
Note that the international HS
comprises the broadest levels of
categories in the HTSA, that is, the
General Rules for the Interpretation of
the Nomenclature, Section and Chapter
titles, Section and Chapter legal notes,
and heading and subheading texts to the
six-digit level of detail. Additional U.S.
Notes, further subdivisions (eight- and
ten-digit subheadings) and statistical
notes, as well as the entire chapters 98
and 99, are national legal and statistical
detail added for the administration of
the tariff and statistical programs and
are not part of the international HS
review process that is the subject of this
Notice.
Request for Proposals: In accordance
with the USTR notice, the Commission
is seeking proposals for specific
modifications to the Harmonized
System (including the rules of
E:\FR\FM\29AUN1.SGM
29AUN1
]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51088-51089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17063]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Proposed Amendment to Environmental
Defense, Inc.'s Safe Harbor Agreement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and 30-day public comment period.
-----------------------------------------------------------------------
SUMMARY: Environmental Defense, Inc. (ED) has submitted to the U.S.
Fish and Wildlife Service (Service) a request to amend their Safe
Harbor Agreement (SHA) and associated Endangered Species Act (Act)
Section 10(a)(1)(A) Safe Harbor Enhancement of Survival permit (Permit)
for habitat restoration activities on private lands for the endangered
Black-capped vireo (Vireo atricapilla) (BCVI) and Golden-cheeked
warbler (Dendroica chrysoparia) (GCWA) in the Hill Country of Texas to
include twelve additional counties, along with amending language in
Attachment 2 of their SHA. The amendment would allow the Safe Harbor
program to expand onto additional private lands in Texas, thus
furthering the conservation of BCVIs and GCWAs.
DATES: To ensure consideration, written comments must be received on or
before September 28, 2005.
ADDRESSES: Persons wishing to review the application may obtain copies
by calling or faxing a request to the Service at the U.S. Fish and
Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin,
Texas 78758, (512/490-0057 voice, 512/490-0974 fax). The amendment
request will also be available for public inspection, by appointment,
during normal business hours (8 a.m. to 4:30 p.m.) at the Fish and
Wildlife Service Austin Office. During the 30-day public comment
period, written comments or data should be submitted to the Field
Supervisor at the above address. Please refer to the amendment to ED's
SHA in the Texas Hill Country (TE-024875-1). All comments received,
including names and addresses, will become a part of the official
administrative record and may be made available to the public.
FOR FURTHER INFORMATION CONTACT: Christina Williams at the Fish and
Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin,
Texas 78758, (512/490-0057 voice, 512/490-0974 fax).
SUPPLEMENTARY INFORMATION: In addition to the 25 counties covered under
their current permit, habitat enhancement activities could now occur in
any or all of the following additional counties: Bexar, Callahan, Coke,
Concho, Hamilton, Hood, Kinney, McLennan, Palo Pinto, Runnels, Taylor,
and Tom Green. Habitat enhancement activities could include, but are
not limited to, prescribed burning, selective Ashe juniper thinning,
rotational grazing, cowbird trapping, and hardwood regeneration.
[[Page 51089]]
Currently, ED is prevented by the terms and conditions of their
original SHA from enrolling non-habitat within 300 feet of GCWA
habitat, which would create and maintain a strip of non-habitat between
two patches of habitat. Therefore, ED is requesting that language in
Attachment 2 of the SHA be amended to allow for the creation of habitat
for BCVIs or GCWAs within 300 feet of GCWA habitat, so long as no
alteration of existing habitat occurs.
BCVI and GCWA were listed as endangered in November 1987 and May
1990, respectively. The BCVI and GCWA are migratory songbirds that
occupy breeding habitat in Texas from about March 1-August 31. The BCVI
requires an early successional stage, patchy island habitat of wooded
areas with shrubs up to about 6 feet tall surrounded by grasslands.
GCWA habitat is mixed closed canopy woodland of mature Ashe juniper and
oaks.
Approximately 98 percent of the land in Texas is privately owned,
with a substantial majority of existing and restorable BCVI and GCWA
habitat falling into this category. Therefore, the participation of
private landowners in the recovery of these two species is highly
important.
Landowners having currently unoccupied or unsuitable, but
restorable habitat and thus a zero baseline condition for the Safe
Harbor, would be eligible for Certificates of Inclusion. Exceptions to
the zero baseline may also be included for certificates under very
limited circumstances with concurrence from the Service. Upon
completion and maintenance of the habitat improvements for at least
four breeding seasons, the landowners would be permitted to conduct any
otherwise lawful activity on their property, including activities that
result in the partial or total elimination of the restored habitat and
the incidental taking of either of these species as a result of such
habitat elimination (return to baseline).
The authority for this action is the Endangered Species Act of
1973, as amended, through its permitting provisions (50 CFR part 17).
The amendment request is available for public review, and 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 document
within the comment period to the address specified below (43 CFR part
2).
Joy E. Nicholopoulos,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 05-17063 Filed 8-26-05; 8:45 am]
BILLING CODE 4510-55-P
