[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Page 42105-42106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Fisher Family Residence Construction Project, Mendocino County, 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Availability of Environmental Assessment (EA); 
Receipt of an Application for Incidental Take Permit.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
that Denise and Andy Fisher (applicant) have applied for an incidental 
take permit pursuant to section 10(a)(1)(B) of the Endangered Species 
Act (Act) of 1973, as amended. We are considering issuing an 80-year 
permit to the application that would authorize take of the federally 
endangered Point Arena mountain beaver (Aplodontia rufa nigra; 
``PAMB'') and the federally endangered Behren's silverspot butterfly 
(Speyeria zerene behrensii; ``BSSB''). The proposed permit would 
authorize the take of 28 PAMB and 2 BSSB incidental to otherwise lawful 
activities. The applicant needs the permit because take of PAMB and 
BSSB would occur as a result of construction and occupation of a single 
family residence, and installation of related improvements such as 
fencing and landscaping, on a 24.25 acre parcel near Point Arena, 
Mendocino County, California. The permit application includes a 
proposed Habitat Conservation Plan (HCP) that describes the proposed 
action and the measures that the Applicant will undertake to minimize 
and mitigate take of PAMB and BSSB.

DATES: We must receive any written comments on or before October 1, 

ADDRESSES: Send written comments to Ms. Amedee Brickey, ES Program 
Manager, Fish and Wildlife Service, 1655 Heindon Road, Arcata, 
California 95521. You also may send comments by facsimile to (707) 822-

(707) 822-7201.


Availability of Documents

    You may obtain copies of these documents for review by contacting 
the above office. Documents also will be available for public 
inspection, by appointment, during normal business hours at the above 


    Section 9 of the Act and Federal regulations prohibit the ``take'' 
of fish and wildlife species listed as endangered or threatened. Take 
of federally listed fish and wildlife is defined under the Act to 
include ``harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct.'' We 
may, under limited circumstances, issue permits to authorize incidental 
take (i.e., take that is incidental to, and not the purpose of, the 
carrying out of an otherwise lawful activity). Regulations governing 
incidental take permits for threatened and endangered species are found 
in 50 CFR 17.32 and 17.22.
    The Applicant proposes to construct and permanently occupy a 1,493 
square foot single-family residence on a 24.25 acre parcel in Mendocino 
County, California. In addition to the construction of the residence, 
the applicant proposes to construct a driveway and a fenced livestock 
pasture, install power, water and septic utilities, and plant 
    Construction and occupation of the single-family residence would 
directly impact the PAMB by removing 0.39 acres of occupied PAMB 
habitat, and 10.25 acres of potential BSSB habitat on the 24.25-acre 
parcel. The proposed development would result in the take of 28 PAMB 
and two BSSB.
    To mitigate and offset the take of PAMB and BSSN, the applicant 
proposes to implement seasonal disturbance restrictions, and to 
dedicate two on-site conservation areas totaling 9.75 acres to be 
managed and preserved in perpetuity.
    Our Environmental Assessment considers the environmental 
consequences of three alternatives, including: (1) The Proposed Project 
Alternative that would result in the development of the proposed 
project, the issuance of an ITP and the implementation of the measures 
in the HCP, including conservation areas; (2) an Alternative Project 
Layout Alternative that would result in the development of fewer acres, 
would not take any listed species, and would not include conservation 
areas; and (3) the No Action Alternative that would result in no 
development of the proposed project, would not take any listed species 
and would not include conservation areas.

National Environmental Policy Act

    Proposed permit issuance triggers the need for compliance with the 
National Environmental Policy Act (NEPA). Accordingly, a draft NEPA 
document has been prepared. We are the Lead Agency responsible for 
compliance under NEPA. As the NEPA lead agency, we provide notice of 
the availability and are making available for public review the EA.

Public Review

    We invite the public to review the HCP and EA during a 60-day 
public comment period (see DATES). Before including your address, phone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you may ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    We provide this notice pursuant to section 10(a) of the Act and the 
regulations for implementing NEPA, as amended (40 CFR 1506.6). We will 
evaluate the application, associated documents, and comments submitted 
thereon to determine whether the application meets the requirements of 
NEPA regulations and section 10(a) of the Act. If we determine that 
those requirements are met, we will issue a permit to the Applicant for 

[[Page 42106]]

incidental take of PAMB and BSSB. We will make our final permit 
decision no sooner than 60 days from the date of this notice.

    Dated: July 25, 2007.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento, 
 [FR Doc. E7-14888 Filed 7-31-07; 8:45 am]