Endangered and Threatened Wildlife and Plants: Notice of Receipt of an Application for an Incidental Take Permit (ITP) and Availability and Opening of Comment Period for a Draft Environment Assessment (EA) Habitat Conservation Plan (HCP) for the West Virginia Northern Flying Squirrel in Association With Snowshoe Mountain, Incorporated, Pocahontas County, WV, 53141-53142 [05-17672]
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants: Notice of Receipt of an
Application for an Incidental Take
Permit (ITP) and Availability and
Opening of Comment Period for a Draft
Environment Assessment (EA) Habitat
Conservation Plan (HCP) for the West
Virginia Northern Flying Squirrel in
Association With Snowshoe Mountain,
Incorporated, Pocahontas County, WV
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of application.
AGENCY:
SUMMARY: This notice advises the public
that Snowshoe Mountain, Incorporated
(SMI) has applied to the U.S. Fish and
Wildlife Service (Service) for an ITP
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 (ESA),
as amended. The application has been
assigned permit number TE–102380.
The proposed permit would authorize
the incidental take of a federally
endangered species, the West Virginia
northern flying squirrel (WVNFS)
(Glaucomys sabrinus fuscus), known to
occur throughout the property owned by
the applicant at Snowshoe Mountain
Resort, Pocahontas County, West
Virginia. The proposed taking is
incidental to a planned recreation and
infrastructure expansion project on
approximately 43 acres owned by SMI.
The permit would be in effect for up to
10 years depending on completion of
the proposed activities.
The Service announces the receipt of
the SMI ITP application and the
availability of the proposed Recreation
and Infrastructure Expansion at
Snowshoe Mountain HCP which
accompanies the ITP application, for
public comment. In addition, the
Service also announces the availability
of a draft EA for the proposed issuance
of the ITP. This notice is provided
pursuant to the section 10(c) of the ESA
and National Environmental Policy Act
of 1969 (NEPA) regulations (40 CFR
1506.6).
The Service will evaluate the
application, associated documents, and
comments submitted thereon to
determine whether the application
meets the requirements of NEPA
regulations and section 10(a) of the ESA.
If it is determined that the requirements
are met, a permit will be issued for the
incidental take of the WVNFS. The final
NEPA and permit determinations will
VerDate Aug<18>2005
15:04 Sep 06, 2005
Jkt 205001
not be completed until after the end of
the 60-day comment period and will
fully consider all public comments
received during the comment period.
DATES: Written comments on the permit
application, HCP, and EA should be
sent to the Service’s West Virginia Field
Office (see ADDRESSES) and should be
received on or before November 7, 2005.
ADDRESSES: Persons wishing to review
the permit application, HCP, and draft
EA may obtain a copy by writing to the
Service’s West Virginia Field Office, 694
Beverly Pike, Elkins, West Virginia
26241. Requests for the documentation
must be in writing to be processed.
Written data or comments concerning
the permit application, draft EA and/or
HCP should also be addressed to the
Field Office Supervisor, U.S. Fish and
Wildlife Service, West Virginia Field
Office, at the address above. Please refer
to permit TE–102380 when submitting
comments. Documents will also be
available for public inspection by
written request, by appointment only,
during normal business hours (8 a.m. to
4:30 p.m.).
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Chapman or Shane Jones, West
Virginia Field Office (see ADDRESSES),
304–636–6586.
SUPPLEMENTARY INFORMATION: Section 9
of the ESA and Federal regulation
prohibits the ‘‘taking’’ of a species listed
as endangered or threatened. Under the
ESA, the term ‘‘take’’ means to harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect listed wildlife,
or to attempt to engage in any such
conduct. The Service may, under
limited circumstances, issue permits to
‘‘incidentally take’’ listed species, if
such taking is incidental to, and not the
purpose of, otherwise lawful activities.
Regulations governing permits for
endangered species are promulgated in
50 CFR 17.22.
Background
SMI has applied to the Service for an
ITP pursuant to section 10(a) of the
ESA. The applicant proposes to
implement an HCP for the WVNFS that
will allow construction within WVNFS
habitat. The applicant’s proposed
activities may result in take, as defined
in the ESA and its implementing
regulations, of listed species.
Authorized take would only affect
WVNFS; take of other federally listed
species is specifically excluded from the
proposed action. This permit would
authorize the incidental take of WVNFS
at Snowshoe Mountain Resort through
otherwise lawful activities, specifically
the recreation and infrastructure
expansion, occurring in WVNFS habitat.
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Frm 00039
Fmt 4702
Sfmt 4702
53141
The HCP and permit would be in effect
for a maximum of 10 years upon
issuance.
The applicant proposes to construct
additional downhill ski slopes and
expand an existing trail at Snowshoe, to
accommodate the projected increase in
skiers, particularly beginners and
intermediate skiers, and the demand for
skiable terrain. In connection with ski
slope expansion, SMI proposes to
complete a parking area expansion to
alleviate traffic congestion as a result of
the projected increased recreational use
of the resort. Finally, SMI is proposing
to develop an area in which to store
some equipment, including snowplows,
bulldozers, buses, trucks, earth graders,
backhoes, and landscaping equipment.
It is necessary to house this equipment
in a centrally located area to ensure that
heavy equipment traffic on the main
road is minimized. The proposed
activities are expected to remove
approximately 43 acres of forest.
The anticipated incidental take will
be limited to harm through habitat loss
as the result of the permanent loss of 43
acres of suitable WVNFS habitat. SMI
proposes to implement measures to
minimize, mitigate, and monitor
impacts to the WVNFS and include
surveying for WVNFS, following
seasonal clearing restrictions, allowing
when possible, natural forest
regeneration in temporary construction
zones, and establishing a permanent
conservation area to provide refuge for
the WVNFS.
The draft EA considers the
environmental consequences of three
alternatives, including a no-action
alternative, the proposed action, and a
reduced impact alternative.
The Service provides this notice
pursuant to section 10(c) of the ESA.
The Service will evaluate whether the
issuance of a section 10(a)(1)(B) ITP
complies with section 7 of the ESA by
conducting an intra-Service section 7
consultation. The results of the
biological opinion, in combination with
the evaluation of the permit application,
the HCP, EA, and comments submitted
thereon, will be used in the final
analysis to determine whether the
application meets the requirements of
section 10(a) of the ESA. If the
requirements are met, the Service will
issue a permit to SMI for the incidental
take of WVNFS during the proposed
recreation and infrastructure expansion
activities. We will make the final permit
decision no sooner than 60 days from
the date of this notice.
Authority: The authority for this section is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
E:\FR\FM\07SEP1.SGM
07SEP1
53142
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules
Dated: August 17, 2005.
Marvin E. Moriarty,
Regional Director, Region 5.
[FR Doc. 05–17672 Filed 9–6–05; 8:45 am]
rulemaking on March 29, 2005. NMFS
published a notice of receipt of petition
for rulemaking on May 12, 2005 (70 FR
39700), and invited public comments
for 60 days ending July 11, 2005.
Summaries of and responses to
comments are provided in the Response
to Public Comments section below.
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[I.D. 050405E]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Petition
for Emergency Rulemaking for Red
Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Denial of a petition for
emergency rulemaking.
AGENCY:
SUMMARY: NMFS announces its decision
to deny a petition for emergency or
interim rulemaking under the
Administrative Procedure Act (APA)
and Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Coastal
Conservation Association (CCA), a
marine conservation group composed of
approximately 90,000 members,
petitioned the U.S. Department of
Commerce to immediately promulgate
an emergency or interim rule under the
Magnuson-Stevens Act to prevent
overfishing of red snapper resulting
from bycatch in the shrimp trawl fishery
of the Gulf of Mexico. NMFS finds the
emergency or interim rulemaking is not
warranted, and additional management
measures to end overfishing of red
snapper would better be addressed
through a Gulf of Mexico Fishery
Management Council (Council)
regulatory amendment and development
of a fishery management plan (FMP)
amendment.
ADDRESSES: Copies of the NMFS
decision on the CCA petition are
available from Phil Steele, NMFS,
Southeast Regional Office, 263 13th
Avenue South, St. Petersburg, FL 33701;
telephone: 727–824–5305, and via
internet at: https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Phil
Steele, Fishery Administrator, NMFS,
Southeast Regional Office; telephone:
727–824–5305; e-mail:
phil.steele@noaa.gov.
SUPPLEMENTARY INFORMATION: CCA filed
a petition for emergency or interim
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15:04 Sep 06, 2005
Jkt 205001
reduction measures. In addition, the
petition states a firm bycatch reduction
target of 60–80 percent of historic levels
should be set, with a time line to
achieve the target within the shortest
period possible. The petition also
proposes a mandated effort reduction
program for the Gulf shrimp fleet.
The Petition
The petition filed by CCA states the
red snapper stock in the Gulf of Mexico
is overfished and undergoing
overfishing. Although the petition
acknowledges the directed red snapper
commercial and recreational sectors
share responsibility for rebuilding the
stock, it asserts the failure of bycatch
reduction devices (BRDs) required in
the commercial shrimp fishery to meet
established bycatch reduction standards
makes recovery of the Gulf red snapper
fishery unlikely and ensures years of
continued overfishing of this stock. The
petition states the directed recreational
and commercial red snapper sectors
have already adopted many measures
necessary to rebuild the stock. The
petition seeks emergency regulations or
interim measures to stop the overfishing
resulting from excessive bycatch of
juvenile red snapper in the Gulf shrimp
fishery. The petition also suggests
management measures such as bag
limits and total allowable catch
restrictions would be applicable to the
directed red snapper fishery.
The CCA petition states the
prevention of overfishing and recovery
of the red snapper stock is predicated on
at least a 44–percent reduction from the
average level of bycatch mortality on
juvenile red snapper, age 0 and age 1,
by the Gulf shrimp fishery during the
years 1984–1989. Further, because
recent research indicates current BRD
use, in practice, yields only a 12–
percent bycatch reduction, CCA argues
that the existing plan for preventing
overfishing and rebuilding the red
snapper stock must be declared a
failure. CCA asserts the fisheries
regulatory establishment is plainly
aware of red snapper overfishing by the
shrimp trawl fishery, but has failed to
take corrective action. The petition
requests NMFS immediately initiate
emergency regulations or interim
measures resulting in bycatch reduction
sufficient to allow the red snapper stock
to rebuild within the time period
established in the Reef Fish Fishery
Management Plan (Reef Fish FMP). The
petition states such bycatch reduction
measures should include strict bycatch
quotas tracked by observer data, time
and area closures or restrictions,
improved BRDs, season limitations,
seasonal closures, and/or other
History of NMFS and Council Efforts to
Reduce Bycatch in the Shrimp Fishery
Efforts to rebuild the red snapper
stock are complicated by significant
amounts of bycatch in the shrimp
fishery. Ending overfishing and
allowing the stock to rebuild cannot
occur through regulations on the
directed red snapper fishery alone. The
shrimp fishery annually removes 25 to
45 million juvenile red snapper
(approximately 2–5 million lb (0.9–2.3
million kg)), primarily from the western
Gulf, whereas the directed fishery
removes approximately 4 million adult
fish (approximately 9 million lb (4.1
million kg)) annually. The success of the
red snapper rebuilding plan depends
heavily on reductions in shrimp trawl
bycatch.
The Council recognized the inherent
need to reduce red snapper bycatch in
the shrimp fishery in 1997 when they
approved Amendment 9 to the Shrimp
Fishery Management Plan (Shrimp
FMP). The purpose of this amendment
was to reduce unwanted bycatch of
juvenile red snapper in the shrimp
fishery and, to the extent practicable,
not adversely affect the shrimp fishery.
Because of substantial fishing mortality
on juvenile red snapper and the need to
rebuild the overfished stock, the
Council considered development and
use of BRDs and other management
measures to reduce bycatch. The
Council approved a goal for reducing
red snapper bycatch by 44 percent from
the average annual mortality of age–0
and age–1 red snapper during 1984–
1989. Upon approval of Amendment 9,
the fisheye BRD and Andrews Turtle
Excluder Device (Andrews TED) were
the only two devices determined to be
capable of reducing bycatch by the
required amount; however, the Andrews
TED was proposed to be certified as a
BRD only during a time when and in a
geographical area where it is an
approved TED. On December 19, 1997,
approval of the Andrews TED, as a TED,
was withdrawn; therefore, the Andrews
TED was not certified as a BRD in the
final rule implementing Amendment 9.
However, the framework procedure
approved by the Council in Amendment
9 allowed for additional BRDs to be
certified by NMFS. Cooperative
industry/government research available
in 1997 indicated the approved BRDs
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07SEP1
]]>Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Proposed Rules]
[Pages 53141-53142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17672]
[[Page 53141]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants: Notice of Receipt
of an Application for an Incidental Take Permit (ITP) and Availability
and Opening of Comment Period for a Draft Environment Assessment (EA)
Habitat Conservation Plan (HCP) for the West Virginia Northern Flying
Squirrel in Association With Snowshoe Mountain, Incorporated,
Pocahontas County, WV
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that Snowshoe Mountain,
Incorporated (SMI) has applied to the U.S. Fish and Wildlife Service
(Service) for an ITP pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973 (ESA), as amended. The application has been
assigned permit number TE-102380. The proposed permit would authorize
the incidental take of a federally endangered species, the West
Virginia northern flying squirrel (WVNFS) (Glaucomys sabrinus fuscus),
known to occur throughout the property owned by the applicant at
Snowshoe Mountain Resort, Pocahontas County, West Virginia. The
proposed taking is incidental to a planned recreation and
infrastructure expansion project on approximately 43 acres owned by
SMI. The permit would be in effect for up to 10 years depending on
completion of the proposed activities.
The Service announces the receipt of the SMI ITP application and
the availability of the proposed Recreation and Infrastructure
Expansion at Snowshoe Mountain HCP which accompanies the ITP
application, for public comment. In addition, the Service also
announces the availability of a draft EA for the proposed issuance of
the ITP. This notice is provided pursuant to the section 10(c) of the
ESA and National Environmental Policy Act of 1969 (NEPA) regulations
(40 CFR 1506.6).
The Service will evaluate the application, associated documents,
and comments submitted thereon to determine whether the application
meets the requirements of NEPA regulations and section 10(a) of the
ESA. If it is determined that the requirements are met, a permit will
be issued for the incidental take of the WVNFS. The final NEPA and
permit determinations will not be completed until after the end of the
60-day comment period and will fully consider all public comments
received during the comment period.
DATES: Written comments on the permit application, HCP, and EA should
be sent to the Service's West Virginia Field Office (see ADDRESSES) and
should be received on or before November 7, 2005.
ADDRESSES: Persons wishing to review the permit application, HCP, and
draft EA may obtain a copy by writing to the Service's West Virginia
Field Office, 694 Beverly Pike, Elkins, West Virginia 26241. Requests
for the documentation must be in writing to be processed. Written data
or comments concerning the permit application, draft EA and/or HCP
should also be addressed to the Field Office Supervisor, U.S. Fish and
Wildlife Service, West Virginia Field Office, at the address above.
Please refer to permit TE-102380 when submitting comments. Documents
will also be available for public inspection by written request, by
appointment only, during normal business hours (8 a.m. to 4:30 p.m.).
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Chapman or Shane Jones,
West Virginia Field Office (see ADDRESSES), 304-636-6586.
SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulation
prohibits the ``taking'' of a species listed as endangered or
threatened. Under the ESA, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect listed
wildlife, or to attempt to engage in any such conduct. The Service may,
under limited circumstances, issue permits to ``incidentally take''
listed species, if such taking is incidental to, and not the purpose
of, otherwise lawful activities. Regulations governing permits for
endangered species are promulgated in 50 CFR 17.22.
Background
SMI has applied to the Service for an ITP pursuant to section 10(a)
of the ESA. The applicant proposes to implement an HCP for the WVNFS
that will allow construction within WVNFS habitat. The applicant's
proposed activities may result in take, as defined in the ESA and its
implementing regulations, of listed species. Authorized take would only
affect WVNFS; take of other federally listed species is specifically
excluded from the proposed action. This permit would authorize the
incidental take of WVNFS at Snowshoe Mountain Resort through otherwise
lawful activities, specifically the recreation and infrastructure
expansion, occurring in WVNFS habitat. The HCP and permit would be in
effect for a maximum of 10 years upon issuance.
The applicant proposes to construct additional downhill ski slopes
and expand an existing trail at Snowshoe, to accommodate the projected
increase in skiers, particularly beginners and intermediate skiers, and
the demand for skiable terrain. In connection with ski slope expansion,
SMI proposes to complete a parking area expansion to alleviate traffic
congestion as a result of the projected increased recreational use of
the resort. Finally, SMI is proposing to develop an area in which to
store some equipment, including snowplows, bulldozers, buses, trucks,
earth graders, backhoes, and landscaping equipment. It is necessary to
house this equipment in a centrally located area to ensure that heavy
equipment traffic on the main road is minimized. The proposed
activities are expected to remove approximately 43 acres of forest.
The anticipated incidental take will be limited to harm through
habitat loss as the result of the permanent loss of 43 acres of
suitable WVNFS habitat. SMI proposes to implement measures to minimize,
mitigate, and monitor impacts to the WVNFS and include surveying for
WVNFS, following seasonal clearing restrictions, allowing when
possible, natural forest regeneration in temporary construction zones,
and establishing a permanent conservation area to provide refuge for
the WVNFS.
The draft EA considers the environmental consequences of three
alternatives, including a no-action alternative, the proposed action,
and a reduced impact alternative.
The Service provides this notice pursuant to section 10(c) of the
ESA. The Service will evaluate whether the issuance of a section
10(a)(1)(B) ITP complies with section 7 of the ESA by conducting an
intra-Service section 7 consultation. The results of the biological
opinion, in combination with the evaluation of the permit application,
the HCP, EA, and comments submitted thereon, will be used in the final
analysis to determine whether the application meets the requirements of
section 10(a) of the ESA. If the requirements are met, the Service will
issue a permit to SMI for the incidental take of WVNFS during the
proposed recreation and infrastructure expansion activities. We will
make the final permit decision no sooner than 60 days from the date of
this notice.
Authority: The authority for this section is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
[[Page 53142]]
Dated: August 17, 2005.
Marvin E. Moriarty,
Regional Director, Region 5.
[FR Doc. 05-17672 Filed 9-6-05; 8:45 am]
BILLING CODE 4310-55-P
