[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Notices]
[Page 77075-77076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-58]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of a Permit Application for Incidental Take and Notice of
Availability of an Environmental Assessment/Habitat Conservation Plan
For Issuance of an Endangered Species Act Section 10(a)(1)(B) for the
Cactus Ferruginous Pygmy-Owl
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Exeter LXI, L.L.C. (Applicant) has applied for an incidental
take permit (TE-063647-0) pursuant to section 10(a) of the Endangered
Species Act (Act). The requested permit would authorize the incidental
take of the endangered cactus ferruginous pygmy-owl (Glaucidium
brasilianiam cactorum), which would occur as a result of the
construction and occupation of a proposed 103-acre residential
development project (Skyranch) in Pima County, Arizona. A draft
Environmental Assessment/Habitat Conservation Plan (EA/HCP) for the
proposed development project has been prepared as required under
section 10(a)(1)(B).
DATES: Written comments on the application should be received within 60
days of the date of this publication.
ADDRESSES: Persons wishing to review the application and draft EA/HCP
may obtain a copy by writing to the Regional Director, U.S. Fish and
Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, New Mexico
87103. Persons wishing to review the EA/HCP may obtain a copy by
contacting Kim Hartwig, U.S. Fish and Wildlife Service, 110 S. Church
Ave, Suite 3450, Tucson, Arizona 85701 (520/670-4617). Documents will
be available for public inspection by written request, by appointment
only, during normal business hours (8 a.m. to 4:30 p.m.) at the U.S.
Fish and Wildlife Service, Tucson, Arizona. Written data or comments
concerning the application and EA/HCP should be submitted to the
Supervisor, U.S. Fish and Wildlife Service, 110 South Church Ave, Suite
3450, Tucson, Arizona 85701. Please refer to permit number TE-063647-0
when submitting comments.
FOR FURTHER INFORMATION CONTACT: Kim Hartwig, U.S. Fish and Wildlife
Service, 110 S. Church Ave, Suite 3450, Tucson, Arizona 85701.
SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the
``taking'' of endangered species such as the cactus ferruginous pygmy-
owl. However, the Fish and Wildlife Service (Service), under limited
circumstances, may issue permits to take endangered wildlife species
incidental to, and not the purpose of, otherwise lawful activities.
Regulations governing permits for endangered species are at 50 CFR
17.22.
Exeter LXI, L.L.C. plans to construct a residential development on
103-acres of the 515-acre Skyranch property. This action will eliminate
103 acres or less of cactus ferruginous pygmy-owl habitat. The Service
and the Applicant have prepared a draft EA/HCP that outlines the
measures necessary to minimize and mitigate to the maximum extent
practicable the incidental take of the cactus ferruginous pygmy-owl.
The Applicant proposes to compensate for the incidental take of the
cactus ferruginous pygmy-owl by preserving 413 acres of the 515-acre
Skyranch property as a Reserve, which will be buffered from development
by development setbacks.
A determination of jeopardy or non-jeopardy to the species and a
decision
[[Page 77076]]
pursuant to the National Environmental Policy Act (NEPA) will not be
made until at least 60 days from the date of publication of this
notice. This notice is provided pursuant to section 10(c) of the Act
and NEPA regulations (40 CFR 1506.6).
Geoffrey L. Haskett,
Regional Director, Region 2.
[FR Doc. 02-31566 Filed 12-13-02; 8:45 am]
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