Endangered and Threatened Wildlife and Plants; Permits, 70885-70887 [E7-24148]

Download as PDF Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices eligibility for HUD/FHA mortgage insurance; closed loans in excess of the maximum allowable amount by failing to consider inducements to purchase in computing the mortgage amount and failing to resolve conflicting information regarding the sales price; and approved a mortgage loan with an excessive debt to income ratio without adequate compensating factors. 9. Tranah Asset Management Corporation, San Antonio, TX [Docket No. 06–6030–MR] Action: Settlement Agreement signed April 27, 2007. Without admitting liability or fault, Tranah Asset Management Corporation (Tranah) agreed to pay HUD an administrative payment in the amount of $45,000. Cause: The Board took this action based on the following violation of HUD/FHA requirements in the origination of HUD/FHA-insured loans where Tranah permitted a debarred mortgagee to participate in the HUD/ FHA mortgage insurance program. mstockstill on PROD1PC66 with NOTICES 10. Wall Street Financial Corporation, Fairfield, NJ [Docket No. 04–4264–MR] Action: Settlement Agreement signed May 17, 2007. Without admitting liability or fault, Wall Street Financial Corporation (Wall Street) agreed to pay HUD an administrative payment in the amount of $19,500. Wall Street also agreed to refund unallowable fees identified in 50 loans to mortgagors within 30 days of the effective date of the Settlement Agreement. Cause: The Board took this action based on the following violations of HUD/FHA requirements in the origination of HUD/FHA-insured loans where Wall Street: Approved mortgages with debt-to-income ratios that exceeded HUD/FHA standards without adequate compensating factors in nine mortgages; failed to adequately document the source of funds used for the downpayment or closing costs in one mortgage; failed to ensure that borrowers whom Wall Street charged a VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 commitment fee, executed a Commitment Agreement guaranteeing discount points and/or interest rates at least fifteen days prior to closing; and charged unallowable fees for title review by an attorney, and/or overcharged for obtaining credit reports. Dated: December 6, 2007. Brian D. Montgomery, Assistant Secretary for Housing—Federal, Housing Commissioner. [FR Doc. E7–24113 Filed 12–12–07; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Permits Fish and Wildlife Service, Interior. ACTION: Notice of Issuance of Enhancement of Survival and Incidental Take Permits. AGENCY: SUMMARY: Between June 1, 2005, and September 30, 2007, the Pacific Region of the Fish and Wildlife Service (Service) issued 18 permits for enhancement of survival or incidental take of threatened and endangered species. These permits were issued pursuant to sections 10(a)(1)(A) and 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). Copies of the permits and associated decision documents are available upon request. ADDRESSES: Documents are available from the U.S. Fish and Wildlife Service, 911 NE., 11th Avenue, Portland, Oregon 97232; facsimile (503) 231–6243. Charges for copying, shipping and handling may apply. FOR FURTHER INFORMATION CONTACT: Please contact Shelly Sizemore, Administrative Assistant, at the above address and facsimile number or by telephone at (503) 231–2194. SUPPLEMENTARY INFORMATION: Section 9 of the Act (16 U.S.C. 1531 et seq.) and PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 70885 its implementing regulations prohibit the take of wildlife species listed as endangered or threatened. 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. We may, under limited circumstances, issue permits to authorize take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing permits for threatened and endangered species are found at 50 CFR 17.32 and 17.22. Although not required by law or regulation, it is our regional policy to notify the public of permits issued for enhancement of survival or incidental take under Habitat Conservation Plans, Safe Harbor Agreements, or Candidate Conservation Agreements with Assurances. Within the Pacific Region of the Service, between June 1, 2005, and September 30, 2007, we issued 15 permits for enhancement of survival and 3 permits for incidental take of threatened and endangered species subject to certain conditions set forth therein, pursuant to sections 10(a)(1)(A) and 10(a)(1)(B) of the Act. The enhancement of survival permits are associated with Safe Harbor Agreements or Candidate Conservation Agreements with Assurances. The incidental take permits are associated with Habitat Conservation Plans. We issued each permit after determining that: (1) The permit application was submitted in good faith; (2) all permit issuance criteria were met, including the requirement that granting the permit will not jeopardize the continued existence of listed species; and (3) the permit was consistent with the purposes and policy set forth in the Act and applicable regulations, including a thorough review of the environmental effects of the action and alternatives pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). E:\FR\FM\13DEN1.SGM 13DEN1 Applicant VerDate Aug<31>2005 17:10 Dec 12, 2007 TE121202–0 ..... Jkt 214001 Chevron ................................................... PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 TE162242–0 ..... E:\FR\FM\13DEN1.SGM ......do ............................................... ......do ............................................... ......do ............................................... 71 FR 78452; December 29, 2006 .. 52816; September 7, 2006 ... ............................................... 20557; April 25, 2007 ........... ............................................... ............................................... ............................................... ............................................... ............................................... 65830; November 9, 2006 .... 69 FR 52027; August 24, 2004 ....... Receipt of application Federal Register notice 71 FR ......do 72 FR ......do ......do ......do ......do ......do 71 FR April 10, 2007 .............. May 26, 2006 .............. January 30, 2006 ........ Permit issuance date ......do .......................... ......do .......................... ......do .......................... September 12, 2007 ... March 9, 2007 ............. ......do .......................... August 8, 2007 ............ ......do .......................... ......do .......................... ......do .......................... ......do .......................... ......do .......................... June 18, 2007 ............. September 23, 2005 ... Permit issuance date SAFE HARBOR AGREEMENTS (SHA) 71 FR 61501; October 18, 2006 ..... 70 FR 7245; February 11, 2005 ...... 70 FR 57888; October 4, 2005 ....... Receipt of application Federal Register notice HABITAT CONSERVATION PLANS (HCP) 13DEN1 Applicant State of Idaho Department of Lands ....... TE109603–0 ..... 71 FR 5358; February 1, 2006 ........ Receipt of application Federal Register notice September 29, 2006 ... Permit issuance date Name of approved plan or agreement Do. Do. CCAA for the Columbia spotted frog at Sam Noble Springs, Owyhee County, ID. Name of approved plan or agreement SHA with Chevron Hawaii Refinery at James Campbell Industrial Park for management of the Hawaiian stilt and Hawaiian coot, Oahu, HI. Columbia Basin pygmy rabbit template SHA. Do. Do. Do. Do. Do. Do. Do. Oregon silverspot butterfly central coast programmatic SHA with TNC. Programmatic SHA covering Hawaiian goose, Hawaiian duck, Hawaiian moorhen, Hawaiian coot, and Hawaiian stilt for participants of USDA Farm Bill Conservation Programs. Do. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES (CCAA) Permit No. Name of approved plan or agreement HCP for the Kaheawa Wind Generation Facility, Ukumehame, Maui, HI. Washington Department of Natural Resources Forest Practices HCP. HCP for the Schwisow Development in Adams County, ID. Symbol used in the three right columns: ‘‘......do...’’—(ditto) indicates the entry is the same as the column entry directly above. TE162245–0 ..... TE162244–0 ..... Oahu Resource Conservation and Development Council. Tri-Isle Resource Conservation and Development Council. Garden Island Resource Conservation and Development Council. Big Island Resource Conservation and Development Council. ..... ..... ..... ..... ..... ..... ..... ..... ..... TE134317–0 TE134335–0 TE144773–0 TE146604–0 TE146607–0 TE146612–0 TE146616–0 TE150086–0 TE154037–0 TE162243–0 ..... Peter Lancaster ....................................... Billingsley Ranch ..................................... Eric E. Long ............................................. Sagebrush Flats Farm ............................. ABS Farms LLC ....................................... Raymond J. Mayer .................................. Rimrock Meadows Assoc ........................ Evans Bothers Inc ................................... The Nature Conservancy (TNC) .............. TE106219–0 ..... Permit No. Applicant Washington Department of Natural Resources. Duane and Darlene Schwisow ................ TE118901–0 ..... TE133608–0 ..... Kaheawa Wind Power, LLC .................... Permit No. mstockstill on PROD1PC66 with NOTICES 70886 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices Copies of each permit, the accompanying Habitat Conservation Plan, Safe Harbor Agreement, or Candidate Conservation Agreement with Assurances, and associated documents are available upon request. Decision documents for each permit include a Finding and Recommendation; a Biological Opinion; and either a Record of Decision, Finding of No Significant Impact, or an Environmental Action Statement. Associated documents may also include an Implementing Agreement, Environmental Impact Statement, or Environmental Assessment, as applicable. Dated: November 14, 2007. David J. Wesley, Deputy Regional Director, Portland, Oregon. [FR Doc. E7–24148 Filed 12–12–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service California Aqueduct Operation and Maintenance Project in Kings and Kern County, San Joaquin Valley, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce that the California Department of Water Resources San Joaquin Field Division (Applicant) has applied for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). We are considering the issuance of a 30year permit to the Applicant that would authorize take of 20 species incidental to the Applicant’s proposed operation and maintenance activities on sections of the California Aqueduct and Coastal Branch Phase 1 canal, as well as seven pumping plants and two Operations and Maintenance centers within the San Joaquin Field Divisions jurisdiction in Kern and Kings County, California. These activities within the 11,816-acre project area would result in the loss of up to 360 acres of permanent habitat loss to covered species habitat and 935 acres of temporary impacts to covered species habitat. We request comments from the public on the permit application and an Environmental Assessment. The permit application includes the proposed Habitat Conservation Plan (Plan) and an accompanying Implementing Agreement. The Plan describes the proposed project and the measures that mstockstill on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 the Applicant would undertake to minimize and mitigate take of the covered species. DATES: We must receive your written comments on or before February 11, 2008. ADDRESSES: Please address written comments to Lori Rinek, Chief, Conservation Planning and Recovery Division, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W–2605, Sacramento, California 95825. You also may send comments by facsimile to (916) 414–6713. FOR FURTHER INFORMATION CONTACT: Peter Cross, Chief Endangered Species Division, or Lori Rinek, Chief, Conservation Planning and Recovery Division, Sacramento Fish and Wildlife Office, at (916) 414–6600. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of these documents for review by contacting the individuals named above [see FOR FURTHER INFORMATION CONTACT]. Documents also will be available for public inspection, by appointment, during normal business hours at the Sacramento Fish and Wildlife Office [see ADDRESSES]. Background Section 9 of the Act and Federal regulations prohibit the ‘‘take’’ of fish and wildlife species listed as endangered or threatened. Take of federally listed fish and wildlife is defined under the Act to include the following activities: harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. We may, under limited circumstances, issue permits to authorize incidental take (i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity). Regulations governing incidental take permits for endangered are found in 50 CFR 17.22. The Applicant is seeking a permit for take of five federally listed animal species: the endangered San Joaquin kit fox (Vulpes macrotis mutica), blunt nosed leopard lizard (Gambelia sila), giant kangaroo rat (Dipodomys ingens), Tipton kangaroo rat (dipodomys nitratoides nitratoides), and the Buena Vista Lake shrew (Sorex ornatus relictus). The proposed permit would also authorize future incidental take of six currently unlisted animal species should any of these species become listed under the Act during the life of the permit: western burrowing owl (Athene cunicularia hypugea), PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 70887 Swainson’s hawk (buteo swainsoni), San Joaquin antelope squirrel (Ammospermophilus nelsoni), shortnosed kangaroo rat (Dipodomys nitratoides brevinasus), white-tailed kite (Elanus leucurus) and western spadefoot (Spea hammondii). The following listed and unlisted plant species are also proposed to be included on the permit: the endangered Bakersfield cactus (Opuntia basilaris var. treleasei), and the unlisted lesser saltscale (Atriplex miniscula), recurved larkspur (Delphinium recurvatum), Lost Hills crownscale (atriplex vallicola), Kernmallow (Eremalche kernensis), San Joaquin woollythreads (Monolopia congdonii), oil neststraw (Stylocline citroleum), Bakersfield smallscale (Atriplex tularensis), Bakersfield cactus (opuntia basilaris var. treleasei) should any of these species become listed under the Act during the life of the permit. Take of listed plant species is not prohibited under the Act and cannot be authorized under a section 10 permit. However, plant species may be included on the permit in recognition of the conservation benefits provided for them under the Plan. These species would also receive ‘‘No Surprises’’ assurances under the Service’s ‘‘No Surprises’’ regulation (63 FR 8859). Collectively, the 20 listed and unlisted species are referred to as the ‘‘covered species’’ in the Plan. The Applicant proposes to address potential impacts of the operation, maintenance, and use of the California Aqueduct right-of-way and pumping plants within the San Joaquin Field Division. The Plan would cover the following activities: (1) Operation and maintenance activities (maintenance of embankments, roads, drainage and drainage structures, fences, and buildings and grounds; dredging and spoils removal; installation, monitoring and maintenance of observation wells; maintenance of turnout facilities, utilities and recreational facilities; and minor new construction); and (2) establishment and management of conservation areas to compensate for impacts on covered species habitat. Project activities would result in 360 acres of permanent habitat loss to covered species habitat and 935 acres of temporary impacts to covered species habitat. The Applicant proposes to implement specific on-site measures to avoid and minimize take and associated adverse project impacts to covered species. Additionally, the Applicant proposes to mitigate for take of covered species by conserving approximately 567 acres of land located at three of their pumping plants within the Plan area. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70885-70887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24148]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Wildlife and Plants; Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Issuance of Enhancement of Survival and Incidental 
Take Permits.

-----------------------------------------------------------------------

SUMMARY: Between June 1, 2005, and September 30, 2007, the Pacific 
Region of the Fish and Wildlife Service (Service) issued 18 permits for 
enhancement of survival or incidental take of threatened and endangered 
species. These permits were issued pursuant to sections 10(a)(1)(A) and 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). 
Copies of the permits and associated decision documents are available 
upon request.

ADDRESSES: Documents are available from the U.S. Fish and Wildlife 
Service, 911 NE., 11th Avenue, Portland, Oregon 97232; facsimile (503) 
231-6243. Charges for copying, shipping and handling may apply.

FOR FURTHER INFORMATION CONTACT: Please contact Shelly Sizemore, 
Administrative Assistant, at the above address and facsimile number or 
by telephone at (503) 231-2194.

SUPPLEMENTARY INFORMATION: Section 9 of the Act (16 U.S.C. 1531 et 
seq.) and its implementing regulations prohibit the take of wildlife 
species listed as endangered or threatened. 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. 
We may, under limited circumstances, issue permits to authorize take 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing permits for threatened 
and endangered species are found at 50 CFR 17.32 and 17.22.
    Although not required by law or regulation, it is our regional 
policy to notify the public of permits issued for enhancement of 
survival or incidental take under Habitat Conservation Plans, Safe 
Harbor Agreements, or Candidate Conservation Agreements with 
Assurances. Within the Pacific Region of the Service, between June 1, 
2005, and September 30, 2007, we issued 15 permits for enhancement of 
survival and 3 permits for incidental take of threatened and endangered 
species subject to certain conditions set forth therein, pursuant to 
sections 10(a)(1)(A) and 10(a)(1)(B) of the Act. The enhancement of 
survival permits are associated with Safe Harbor Agreements or 
Candidate Conservation Agreements with Assurances. The incidental take 
permits are associated with Habitat Conservation Plans. We issued each 
permit after determining that: (1) The permit application was submitted 
in good faith; (2) all permit issuance criteria were met, including the 
requirement that granting the permit will not jeopardize the continued 
existence of listed species; and (3) the permit was consistent with the 
purposes and policy set forth in the Act and applicable regulations, 
including a thorough review of the environmental effects of the action 
and alternatives pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).

[[Page 70886]]



                                                            Habitat Conservation Plans (HCP)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Receipt of application Federal Register                                     Name of approved plan or
      Permit No.             Applicant                           notice                         Permit issuance date                 agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
TE118901-0...........  Kaheawa Wind Power,    70 FR 57888; October 4, 2005................  January 30, 2006............  HCP for the Kaheawa Wind
                        LLC.                                                                                               Generation Facility,
                                                                                                                           Ukumehame, Maui, HI.
TE121202-0...........  Washington Department  70 FR 7245; February 11, 2005...............  May 26, 2006................  Washington Department of
                        of Natural Resources.                                                                              Natural Resources Forest
                                                                                                                           Practices HCP.
TE133608-0...........  Duane and Darlene      71 FR 61501; October 18, 2006...............  April 10, 2007..............  HCP for the Schwisow
                        Schwisow.                                                                                          Development in Adams County,
                                                                                                                           ID.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                              Safe Harbor Agreements (SHA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Receipt of application Federal Register                                     Name of approved plan or
      Permit No.             Applicant                           notice                         Permit issuance date                 agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
TE106219-0...........  Chevron..............  69 FR 52027; August 24, 2004................  September 23, 2005..........  SHA with Chevron Hawaii
                                                                                                                           Refinery at James Campbell
                                                                                                                           Industrial Park for
                                                                                                                           management of the Hawaiian
                                                                                                                           stilt and Hawaiian coot,
                                                                                                                           Oahu, HI.
TE134317-0...........  Peter Lancaster......  71 FR 52816; September 7, 2006..............  March 9, 2007...............  Columbia Basin pygmy rabbit
                                                                                                                           template SHA.
TE134335-0...........  Billingsley Ranch....  ......do....................................  ......do....................   Do.
TE144773-0...........  Eric E. Long.........  72 FR 20557; April 25, 2007.................  August 8, 2007..............   Do.
TE146604-0...........  Sagebrush Flats Farm.  ......do....................................  ......do....................   Do.
TE146607-0...........  ABS Farms LLC........  ......do....................................  ......do....................   Do.
TE146612-0...........  Raymond J. Mayer.....  ......do....................................  ......do....................   Do.
TE146616-0...........  Rimrock Meadows Assoc  ......do....................................  ......do....................   Do.
TE150086-0...........  Evans Bothers Inc....  ......do....................................  ......do....................   Do.
TE154037-0...........  The Nature             71 FR 65830; November 9, 2006...............  June 18, 2007...............  Oregon silverspot butterfly
                        Conservancy (TNC).                                                                                 central coast programmatic
                                                                                                                           SHA with TNC.
TE162242-0...........  Big Island Resource    71 FR 78452; December 29, 2006..............  September 12, 2007..........  Programmatic SHA covering
                        Conservation and                                                                                   Hawaiian goose, Hawaiian
                        Development Council.                                                                               duck, Hawaiian moorhen,
                                                                                                                           Hawaiian coot, and Hawaiian
                                                                                                                           stilt for participants of
                                                                                                                           USDA Farm Bill Conservation
                                                                                                                           Programs.
TE162243-0...........  Oahu Resource          ......do....................................  ......do....................   Do.
                        Conservation and
                        Development Council.
TE162244-0...........  Tri-Isle Resource      ......do....................................  ......do....................   Do.
                        Conservation and
                        Development Council.
TE162245-0...........  Garden Island          ......do....................................  ......do....................   Do.
                        Resource
                        Conservation and
                        Development Council.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Symbol used in the three right columns: ``......do...''--(ditto) indicates the entry is the same as the column entry directly above.


                                                 Candidate Conservation Agreements with Assurances (CCAA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Receipt of application Federal Register                                     Name of approved plan or
      Permit No.             Applicant                           notice                         Permit issuance date                 agreement
--------------------------------------------------------------------------------------------------------------------------------------------------------
TE109603-0...........  State of Idaho         71 FR 5358; February 1, 2006................  September 29, 2006..........  CCAA for the Columbia spotted
                        Department of Lands.                                                                               frog at Sam Noble Springs,
                                                                                                                           Owyhee County, ID.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 70887]]

    Copies of each permit, the accompanying Habitat Conservation Plan, 
Safe Harbor Agreement, or Candidate Conservation Agreement with 
Assurances, and associated documents are available upon request. 
Decision documents for each permit include a Finding and 
Recommendation; a Biological Opinion; and either a Record of Decision, 
Finding of No Significant Impact, or an Environmental Action Statement. 
Associated documents may also include an Implementing Agreement, 
Environmental Impact Statement, or Environmental Assessment, as 
applicable.

    Dated: November 14, 2007.
 David J. Wesley,
Deputy Regional Director, Portland, Oregon.
 [FR Doc. E7-24148 Filed 12-12-07; 8:45 am]
BILLING CODE 4310-55-P
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