Fish and Wildlife Service October 18, 2006 – Federal Register Recent Federal Regulation Documents

Daniel Keig (applicant) has applied to the Fish and Wildlife Service (Service or ``we'') 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 issuing a 5-year permit to the applicant that would authorize take of the federally endangered Smith's blue butterfly (Euphilotes enoptes smithi) incidental to otherwise lawful activities associated with construction of a single family home, which would remove 0.3 acre of Smith's blue butterfly habitat within a 6.1-acre parcel in Carmel Highlands, Monterey County, California. We invite comments from the public on the permit application, which is available for review. The application includes a Habitat Conservation Plan (HCP), that fully describes the proposed project and the measures that the applicant would undertake to minimize and mitigate anticipated take of the Smith's blue butterfly, as required in Section 10(a)(2)(B) of the Act. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. We also invite comments on our preliminary determination that the HCP qualifies as a ``low-effect'' plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement and associated Low Effect Screening Form, which are also available for public review.

We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered Piperia yadonii (Yadon's piperia) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 2,306 acres (ac) (930 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Monterey County, California.