[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Page 77075-77076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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.


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 
    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 

[[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]