Fish and Wildlife Service December 13, 2007 – Federal Register Recent Federal Regulation Documents

Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service) intends to conduct public scoping necessary to gather information to prepare an environmental assessment (EA) or environmental impact statement (EIS) (collectively referred to as ``environmental document'') for a Habitat Conservation Plan (HCP) being prepared by the Kaua`i Island Utility Cooperative (KIUC). The draft HCP is being prepared under section 10(a)(1)(B) of the Endangered Species Act (ESA). KIUC intends to apply for an incidental take permit under the ESA to authorize take of the federally endangered Hawaiian Petrel (Pterodroma sandwichensis), the federally threatened Newell's Shearwater (Puffinus auricularis newelli), and the Band-rumped Storm- Petrel (Oceanodroma castro), a Federal candidate for listing that could become listed during the term of the permit (collectively referred to as the ``Covered Species''). This notice is provided to (1) describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an environmental document; (3) announce the initiation of a public scoping period and the holding of a public scoping meeting; (4) obtain information to assist the Service in determining whether to prepare an EA or EIS; and (5) obtain suggestions and information on the scope of issues and alternatives to be addressed in the environmental document. Written comments will be accepted at a public meeting. In addition, written comments may be submitted by mail, facsimile transmission, or e-mail.

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 30-year 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 the Applicant would undertake to minimize and mitigate take of the covered species.