Receipt of an Application for Renewal of an Incidental Take Permit for the Bald Eagle From the Proposed Construction and Occupancy of Residences in Gaston County, NC, 9367-9368 [E6-2563]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
Dated: February 14, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 06–1689 Filed 2–22–06; 8:45 am]
regulations. However, to assist industry
in meeting the August 8, 2005, deadline,
the Coast Guard announced the
availability of a Navigation and Vessel
Inspection Circular (NVIC) in the
Federal Register on February 16, 2005,
(70 FR 7955) for use in the preparation
and submission of response plans until
regulations are in effect. As there are
already certain provisions in the
existing statute that these response
plans must meet, the NVIC identifies
those requirements, as well as the Coast
Guard’s recommendations. Change 1 to
NVIC 01–05, Interim Guidance for the
Development and Review of Response
Plans for Nontank Vessels provides
additional guidance for nontank vessels
preparing and submitting response
plans.
BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2005–21610]
Nontank Vessel Response Plan
Guidance
Coast Guard, DHS.
Notice of availability.
AGENCY:
ACTION:
SUMMARY: The Coast Guard announces
the availability of a document that
provides revised interim guidelines for
the development and review of plans for
responding to a discharge, or threat of
a discharge, of oil from nontank vessels.
The document, in the form of a change
to Navigation and Vessel Inspection
Circular No. 01–05, is available as
indicated in this notice. Federal law
requires that these response plans be
prepared and submitted to the Coast
Guard.
If
you have questions on the change to
Navigation and Vessel Inspection
Circular No. 01–05, call Lieutenant
Commander Rob Smith or Lieutenant
Eric Bauer, Office of Vessel Activities at
telephone 202–267–6714. If you have
questions on viewing material in the
docket, call Ms. Renee K. Wright,
Program Manager, Docket Operations,
telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
rwilkins on PROD1PC63 with NOTICES
Background
On August 9, 2004, the President
signed the Coast Guard and Maritime
Transportation Act of 2004 (Pub. L.
108–293) (2004 Act). Section 701 of the
2004 Act amends section 311(a) and (j)
of the Federal Water Pollution Control
Act to require the preparation and
submission of oil response plans for
nontank vessels. The 2004 Act defines
‘‘nontank vessel’’ as a self-propelled
vessel of 400 gross tons or greater, other
than a tank vessel, that carries oil of any
kind as fuel for main propulsion and
that is a vessel of the United States or
operates on the navigable waters of the
United States. Under the 2004 Act,
response plans must have been
submitted to the Coast Guard by August
8, 2005.
The 2004 Act requires the Coast
Guard to issue response plan
VerDate Aug<31>2005
16:15 Feb 22, 2006
Jkt 205001
Access to the NVIC
A copy of Change 1 to NVIC 01–05
can be found in the docket at https://
dms.dot.gov/ [USCG–2005–21610] and
at https://www.uscg.mil/hq/g-m/nvic/.
For those Individuals without Internet
access, a copy of Change 1 to NVIC 01–
05 may be obtained by contacting the
VRP Program staff at 202–267–6714 or
your local U.S. Coast Guard Sector
Command.
Dated: February 15, 2006.
Howard L. Hime,
Acting Director of Standards Prevention.
[FR Doc. E6–2546 Filed 2–22–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for Renewal
of an Incidental Take Permit for the
Bald Eagle From the Proposed
Construction and Occupancy of
Residences in Gaston County, NC
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Pinsto, Inc. (Permittee) has
applied for renewal of an incidental take
permit (ITP) from the Fish and Wildlife
Service (Service) under section
10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (Act). Like the
existing permit, the proposed renewed
ITP would allow take of the bald eagle
(Haliaeetus leucocephalus), a federally
listed threatened species, incidental to
residential development. Destruction of
the nest or the tree in which the nest is
located is not requested by the
Permittee. Rather, the proposed
incidental take may occur as a result of
harm or harassment to the eagles
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
9367
resulting from residential construction
activities in the vicinity of the nest. The
Service announces availability of the
ITP application and the habitat
conservation plan (HCP) for public
comment.
DATES: The Service must receive written
comments on or before March 27, 2006.
ADDRESSES: Persons wishing to review
the permit renewal application and HCP
may obtain an electronic copy by
contacting the Service’s Southeast
Regional Office, Atlanta, Georgia, at the
address below. Documents will also be
available for public inspection by
appointment during normal business
hours at the Regional Office, 1875
Century Boulevard, Suite 200, Atlanta,
Georgia 30345 (Attn: Endangered
Species Permits), or at the Asheville
Ecological Services Field Office, 160
Zillicoa Street, Asheville, North
Carolina 28801. Written data or
comments concerning the permit
renewal or HCP should be submitted to
the Regional Office (Atlanta).
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Valenta, Regional HCP
Coordinator (see ADDRESSES), telephone:
404/679–4144, e-mail address:
aaron_valenta@fws.gov, or Mr. Mark
Cantrell, Fish and Wildlife Service
Biologist, Asheville Field Office (see
ADDRESSES above), telephone: 828/258–
3939 (extension 227).
SUPPLEMENTARY INFORMATION: This
would be a 10 year renewal of Permit
TE–039993–0 for residential
construction which was approved and
issued by the Service on May 21, 2001.
As residential development continues
within the permit area, the incidental
taking of bald eagle incidental to earth
moving, land clearing, and subsequent
human habitation of the permit area
may occur, necessitating the need for
renewal of the ITP. The renewal request
covers the same activities covered by
the HCP and existing permit. There will
not be an increase in the level of take
beyond that anticipated in the original
permit.
The previously prepared Habitat
Conservation Plan (HCP) specifies the
impacts that are likely to result from the
taking and the measures the Permittee
would undertake to minimize and
mitigate such impacts. The existing HCP
satisfies all statutory issuance criteria;
therefore, it is applicable to the renewal
of this ITP.
Copies of the HCP and ITP
application may be obtained by making
a request, in writing, to the Regional
Office (see ADDRESSES). This notice is
provided pursuant to section 10 of the
ESA and National Environmental Policy
Act (NEPA) regulations at 40 CFR
E:\FR\FM\23FEN1.SGM
23FEN1
rwilkins on PROD1PC63 with NOTICES
9368
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
1506.6. We specifically request
information, views, and opinions from
the public on the Federal action.
Further, we specifically solicit
information regarding the adequacy of
the HCP as measured against our ITP
issuance criteria found in 50 CFR 13.21
and 17.22.
If you wish to comment, you may
submit comments by any one of several
methods. Please reference ‘‘ITP for
Pinsto Renewal’’ in all your comments
or requests for the documents discussed
in this notice. You may mail comments
to our Regional Office (see ADDRESSES).
You may also comment via the Internet
to aaron_valenta@fws.gov. Please
submit comments over the Internet as an
ASCII file, avoiding the use of special
characters and any form of encryption.
Please also include your name and
return mailing address in your Internet
message. If you do not receive a
confirmation from us that we have
received your internet message, contact
us directly at either telephone number
listed (see FOR FURTHER INFORMATION
CONTACT). Finally, you may handdeliver comments to either Service
office listed (see ADDRESSES). Our
practice is to make comments, including
names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home address from
the administrative record. We will
honor such requests to the extent
allowable by law. There may also be
other circumstances in which we would
withhold from the administrative record
a respondent’s identity, as allowable by
law. If you wish us to withhold your
name and address, you must state this
prominently at the beginning of your
comments. We will not, however,
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
As many as 75,000 pairs of nesting
bald eagles may have lived in the lower
48 United States when the bird was
adopted as our national symbol in 1782.
It was a common nesting species along
the Southeast Coast as well as along
major rivers and lakes. Its population
diminished rapidly due to habitat
destruction, nest disturbance, illegal
shooting, and, most notably, the
contamination of its food sources by the
pesticide DDT. Nesting populations
were reduced to less than 2 percent of
their former numbers by the 1960s. The
bald eagle below the 40th parallel was
listed as endangered in 1967 and
VerDate Aug<31>2005
16:15 Feb 22, 2006
Jkt 205001
received protection under the Act. Its
populations have steadily increased due
to efforts to protect the bald eagle and
its habitat, population reintroduction
programs, and the banning of DDT. The
bald eagle was reclassified as threatened
throughout the continental United
States by a final rule that published in
the Federal Register on July 12, 1995
(60 FR 36000). The bald eagle is now
being considered for delisting and its
rangewide status was discussed in detail
in the proposed rule to remove the bald
eagle from the Federal List of
Endangered and Threatened Wildlife
and Plants (July 6, 1999, 64 FR 36454).
The Permittee intends to continue
development of a residential
subdivision consisting of 12 lots on 13
acres. Homes have been constructed on
10 of the 12 lots to date. The biological
goal of the HCP is to avoid harm or
injury to the bald eagles and their nest
to the maximum extent practicable and
to retain the existing eagles within their
occupied territory. To avoid, minimize,
and mitigate impacts, the Permittee
would continue to maintain an open
space area of 3.087 acres, which is
equivalent to the 150-foot radius buffer
adjacent to and contiguous with the
nest, and establish use restrictions on
the lots surrounding the nest. These
restrictions would limit outdoor
activities within the subdivision during
the nesting season. We expect these
efforts would minimize potential effects
of human activities on bald eagles that
may use the nest. The bald eagle pair
has continued to maintain a territory
and has nested successfully each year
during construction and occupancy of
the subdivision to date.
We have evaluated the application for
renewal and project area and
determined that the renewal of the
permit is a ‘‘low-effect’’ action,
involving minor or negligible effects to
the bald eagle and other environmental
resources. As provided by the
Department of Interior’s Manual (516
DM 2 Appendix 1 and 516 DM 6
Appendix 1) for implementing National
Environmental Policy Act (NEPA), this
low-effect HCP qualifies as a categorical
exclusion and does not require the
preparation of an Environmental
Assessment or Environmental Impact
Statement. As a categorical exclusion,
according to NEPA regulations (40 CFR
1508.4), low-effect HCPs do not
individually or cumulatively have a
significant effect on the human
environment.
Under section 9 of the Act and its
implementing regulations, ‘‘taking’’ of
endangered and threatened wildlife is
prohibited. However, we, under limited
circumstances, may issue permits to
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
take such wildlife if the taking is
incidental to and not the purpose of
otherwise lawful activities. The
Permittee has prepared an HCP that
includes measures for the long-term
protection, management, and
enhancement of the bald eagle nesting
habitat as required for the ITP
application as part of the proposed
project.
We will evaluate whether the
issuance of the section 10(a)(1)(B) ITP
complies with section 7 of the Act by
reviewing our previously prepared
intra-Service section 7 consultation. The
results of the biological opinion, in
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue the
ITP.
Dated: February 15, 2006.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E6–2563 Filed 2–22–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Harvest and Export of American
Ginseng
Fish and Wildlife Service,
Interior.
ACTION: Notice: request for information
from the public; announcement of
public meeting.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
public meeting on American ginseng
(Panax quinquefolius). This meeting
will help us gather information from the
public in preparation for our 2006
findings on the export of American
ginseng roots, for the issuance of
permits under the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES).
The meeting date is: Saturday,
March 11, 2006, 10 a.m. to 3 p.m., with
a one-hour lunch break from 12 p.m. to
1 p.m.
ADDRESSES: The meeting location is:
Sutton/Flatwoods—Days Inn, 2000
Sutton Lane, Sutton, West Virginia
26601; (304) 765–5055.
FOR FURTHER INFORMATION CONTACT: For
further information, or directions to the
meeting, contact Ms. Pat Ford, Division
of Scientific Authority, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive,
Room 750, Arlington, VA 22203; 703–
358–1708 (telephone), 703–358–2276
(fax), or patricia_ford@fws.gov (e-mail).
DATES:
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9367-9368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2563]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for Renewal of an Incidental Take
Permit for the Bald Eagle From the Proposed Construction and Occupancy
of Residences in Gaston County, NC
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pinsto, Inc. (Permittee) has applied for renewal of an
incidental take permit (ITP) from the Fish and Wildlife Service
(Service) under section 10(a)(1)(B) of the Endangered Species Act of
1973, as amended (Act). Like the existing permit, the proposed renewed
ITP would allow take of the bald eagle (Haliaeetus leucocephalus), a
federally listed threatened species, incidental to residential
development. Destruction of the nest or the tree in which the nest is
located is not requested by the Permittee. Rather, the proposed
incidental take may occur as a result of harm or harassment to the
eagles resulting from residential construction activities in the
vicinity of the nest. The Service announces availability of the ITP
application and the habitat conservation plan (HCP) for public comment.
DATES: The Service must receive written comments on or before March 27,
2006.
ADDRESSES: Persons wishing to review the permit renewal application and
HCP may obtain an electronic copy by contacting the Service's Southeast
Regional Office, Atlanta, Georgia, at the address below. Documents will
also be available for public inspection by appointment during normal
business hours at the Regional Office, 1875 Century Boulevard, Suite
200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or at
the Asheville Ecological Services Field Office, 160 Zillicoa Street,
Asheville, North Carolina 28801. Written data or comments concerning
the permit renewal or HCP should be submitted to the Regional Office
(Atlanta).
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional HCP
Coordinator (see ADDRESSES), telephone: 404/679-4144, e-mail address:
aaron_valenta@fws.gov, or Mr. Mark Cantrell, Fish and Wildlife Service
Biologist, Asheville Field Office (see ADDRESSES above), telephone:
828/258-3939 (extension 227).
SUPPLEMENTARY INFORMATION: This would be a 10 year renewal of Permit
TE-039993-0 for residential construction which was approved and issued
by the Service on May 21, 2001. As residential development continues
within the permit area, the incidental taking of bald eagle incidental
to earth moving, land clearing, and subsequent human habitation of the
permit area may occur, necessitating the need for renewal of the ITP.
The renewal request covers the same activities covered by the HCP and
existing permit. There will not be an increase in the level of take
beyond that anticipated in the original permit.
The previously prepared Habitat Conservation Plan (HCP) specifies
the impacts that are likely to result from the taking and the measures
the Permittee would undertake to minimize and mitigate such impacts.
The existing HCP satisfies all statutory issuance criteria; therefore,
it is applicable to the renewal of this ITP.
Copies of the HCP and ITP application may be obtained by making a
request, in writing, to the Regional Office (see ADDRESSES). This
notice is provided pursuant to section 10 of the ESA and National
Environmental Policy Act (NEPA) regulations at 40 CFR
[[Page 9368]]
1506.6. We specifically request information, views, and opinions from
the public on the Federal action. Further, we specifically solicit
information regarding the adequacy of the HCP as measured against our
ITP issuance criteria found in 50 CFR 13.21 and 17.22.
If you wish to comment, you may submit comments by any one of
several methods. Please reference ``ITP for Pinsto Renewal'' in all
your comments or requests for the documents discussed in this notice.
You may mail comments to our Regional Office (see ADDRESSES). You may
also comment via the Internet to aaron_valenta@fws.gov. Please submit
comments over the Internet as an ASCII file, avoiding the use of
special characters and any form of encryption. Please also include your
name and return mailing address in your Internet message. If you do not
receive a confirmation from us that we have received your internet
message, contact us directly at either telephone number listed (see FOR
FURTHER INFORMATION CONTACT). Finally, you may hand-deliver comments to
either Service office listed (see ADDRESSES). Our practice is to make
comments, including names and home addresses of respondents, available
for public review during regular business hours. Individual respondents
may request that we withhold their home address from the administrative
record. We will honor such requests to the extent allowable by law.
There may also be other circumstances in which we would withhold from
the administrative record a respondent's identity, as allowable by law.
If you wish us to withhold your name and address, you must state this
prominently at the beginning of your comments. We will not, however,
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
As many as 75,000 pairs of nesting bald eagles may have lived in
the lower 48 United States when the bird was adopted as our national
symbol in 1782. It was a common nesting species along the Southeast
Coast as well as along major rivers and lakes. Its population
diminished rapidly due to habitat destruction, nest disturbance,
illegal shooting, and, most notably, the contamination of its food
sources by the pesticide DDT. Nesting populations were reduced to less
than 2 percent of their former numbers by the 1960s. The bald eagle
below the 40th parallel was listed as endangered in 1967 and received
protection under the Act. Its populations have steadily increased due
to efforts to protect the bald eagle and its habitat, population
reintroduction programs, and the banning of DDT. The bald eagle was
reclassified as threatened throughout the continental United States by
a final rule that published in the Federal Register on July 12, 1995
(60 FR 36000). The bald eagle is now being considered for delisting and
its rangewide status was discussed in detail in the proposed rule to
remove the bald eagle from the Federal List of Endangered and
Threatened Wildlife and Plants (July 6, 1999, 64 FR 36454).
The Permittee intends to continue development of a residential
subdivision consisting of 12 lots on 13 acres. Homes have been
constructed on 10 of the 12 lots to date. The biological goal of the
HCP is to avoid harm or injury to the bald eagles and their nest to the
maximum extent practicable and to retain the existing eagles within
their occupied territory. To avoid, minimize, and mitigate impacts, the
Permittee would continue to maintain an open space area of 3.087 acres,
which is equivalent to the 150-foot radius buffer adjacent to and
contiguous with the nest, and establish use restrictions on the lots
surrounding the nest. These restrictions would limit outdoor activities
within the subdivision during the nesting season. We expect these
efforts would minimize potential effects of human activities on bald
eagles that may use the nest. The bald eagle pair has continued to
maintain a territory and has nested successfully each year during
construction and occupancy of the subdivision to date.
We have evaluated the application for renewal and project area and
determined that the renewal of the permit is a ``low-effect'' action,
involving minor or negligible effects to the bald eagle and other
environmental resources. As provided by the Department of Interior's
Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1) for implementing
National Environmental Policy Act (NEPA), this low-effect HCP qualifies
as a categorical exclusion and does not require the preparation of an
Environmental Assessment or Environmental Impact Statement. As a
categorical exclusion, according to NEPA regulations (40 CFR 1508.4),
low-effect HCPs do not individually or cumulatively have a significant
effect on the human environment.
Under section 9 of the Act and its implementing regulations,
``taking'' of endangered and threatened wildlife is prohibited.
However, we, under limited circumstances, may issue permits to take
such wildlife if the taking is incidental to and not the purpose of
otherwise lawful activities. The Permittee has prepared an HCP that
includes measures for the long-term protection, management, and
enhancement of the bald eagle nesting habitat as required for the ITP
application as part of the proposed project.
We will evaluate whether the issuance of the section 10(a)(1)(B)
ITP complies with section 7 of the Act by reviewing our previously
prepared intra-Service section 7 consultation. The results of the
biological opinion, in combination with the above findings, will be
used in the final analysis to determine whether or not to issue the
ITP.
Dated: February 15, 2006.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E6-2563 Filed 2-22-06; 8:45 am]
BILLING CODE 4310-55-P
