Department of the Interior February 7, 2005 – Federal Register Recent Federal Regulation Documents

The Arnaudo Brothers, Wathen-Castanos, and River East Holding Sites (Applicants) have applied to the Fish and Wildlife Service (Service) for incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. The Service is considering issuing 10-year permits to the Applicants that would authorize take of the endangered San Joaquin kit fox (Vulpes macrotis mutica, ``kit fox'') incidental to otherwise lawful activities associated with the residential and commercial development of four sites in Merced County, California. The projects would result in the incidental take of kit fox on the project sites through permanent removal of 182 acres of habitat. Incidental take may also potentially occur during construction and ground disturbance activities, which may affect occupied dens and individual foxes. We request comments from the public on the permit applications and the Environmental Assessment, both of which are available for review. The permit applications include the proposed Habitat Conservation Plan (HCP) and associated Implementing Agreement. The HCP describes the proposed action and the measures that the Applicants will undertake to minimize and mitigate, to the maximum extent practicable, take of the kit fox.