Department of the Interior January 6, 2006 – Federal Register Recent Federal Regulation Documents

WindMar RE (Applicant) requests an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The Applicant anticipates taking Puerto Rican nightjar (Caprimulgus noctitherus) (nightjar), brown pelican (Pelecanus occidentalis occidentalis), and roseate tern (Sterna dougallii), incidental to the construction and operation, over a 40-year term of a commercial wind-energy project in Punta Verraco, Cerro Toro, and Punta Ventana in Guayanilla, Puerto Rico (Project). The Applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project on nightjars, brown pelicans, and roseate terns. These measures are described further in the SUPPLEMENTARY INFORMATION section below. The Service announces the availability of the HCP and our Environmental Assessment (EA) for the incidental take permit application. Copies of the HCP and EA may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice is provided pursuant to section 10 of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6).

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (USFWS) intend to prepare a joint project- level integrated Environmental Impact Statement (EIS)/Environmental Impact Report (EIR)/Feasibility Report, hereafter called the Report, to address the potential impacts of the first Interim Feasibility Study component of the South San Francisco Bay Shoreline Study, San Francisco Bay, CA. This study is closely interrelated with the ongoing South Bay Salt Ponds Restoration Project, discussed in the Notice of Intent dated November 9, 2004. It will function as a project-level EIS/EIR tiered under that programmatic EIS/EIR and will be issued subsequently to the programmatic document. The California State Coastal Conservancy (Conservancy) will be the lead agency under the California Environmental Quality Act (CEQA). Federal Lead Agencies Proposed Actions and Related Programmatic EIS/EIR. The Corps, in cooperation with the USFWS, is proposing to study flood protection and ecosystem restoration for the Alviso portion of the South San Francisco Bay (South Bay) Salt Ponds and adjacent areas to determine whether there is a federal interest in constructing a project with flood protection and/or ecosystem restoration components in this area, and if so, to determine the optimum project to recommend to Congress for authorization. The Report will recommend a plan which will provide for long-term restoration for these salt ponds and adjacent areas as well as flood protection and recreation components, if these actions are justified under Federal criteria. The Report and its alternatives will be tiered to the programmatic EIS/EIR for the South Bay Salt Ponds Restoration Project. One public scoping meeting will be held to solicit comments on the environmental effects of the range of potential projects and the appropriate scope of the Report. The public is invited to comment during this meeting on environmental issues to be addressed in the Report.