[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Page 57382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 57382]]



Fish and Wildlife Service

[FWS-R2-ES-2008-N0024; 20124-1113-0000-F2]

CT 620 Partnership Incidental Take Permit Amendment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and 30-day public comment period.


SUMMARY: We, the U.S. Fish and Wildlife Service, have received from CT 
620 Partnership (Applicant) a request to amend an existing Incidental 
Take Permit (Permit), TE036095, under section 10(a)(1)(A) of the 
Endangered Species Act of 1973, as amended (Act). If we grant it, the 
amendment would update the methodology we used to calculate the 
mitigation fee for this permit to the methodology we presently use to 
calculate new fees for permits of this type. This amendment would not 
alter the level of authorized take.

DATES: To ensure consideration, we must receive any written comments on 
or before November 3, 2008.

ADDRESSES: Persons wishing to review the amendment request may obtain 
copies by calling or faxing the U.S. Fish and Wildlife Service Austin 
Office, 10711 Burnet Road, Suite 200, Austin, TX 78758 (512/490-0057, 
voice; 512/490-0974, fax). The amendment request will also be available 
for public inspection, by appointment, during normal business hours (8 
a.m. to 4:30 p.m.) at the above office. During the 30-day public 
comment period, written comments or data should be submitted to the 
Field Supervisor at the above address. Please refer to TE-036095-1 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor 
(contact information above).

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. 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 can request in your comment that we withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.


    We issued CT 620's original incidental take permit on April 30, 
2001, for a 30-year period (to last until April 30, 2031). Prior to 
issuing this permit, we published a notice of availability and request 
for comments on the proposed permit, an environmental assessment, and a 
habitat conservation plan in the Federal Register on December 26, 2000 
(65 FR 81540). The requested amendment to the permit would not change 
the length or terms of the permit, other than changing the required 
mitigation fee to align with the Service's current policy to use the 
methodology adopted by the Balcones Canyonlands Preserve in July 2007. 
CT 620's Permit allows for incidental take of golden-cheeked warbler 
habitat during the construction of nine residences on portions of 50.08 
acres on Hughes Park Road near RR 620, Austin, Travis County, Texas. 
The development will eliminate approximately 16 acres of GCWA habitat. 
Under the current permit, CT 620 must pay a mitigation fee of $304,000 
to Travis County to be used by the Balcones Canyonlands Preserve for 
the purchase and preservation of 32 acres (at a cost of $9,500 per 
acre) of GCWA habitat before construction the property begins. CT 620 
is requesting that the mitigation fee be recalculated at a fee of 
$5,000 per acre which was adopted in July 2007. The new mitigation fee 
to purchase 32 acres would be $160,000.
    Section 9 of the Act prohibits the ``taking'' of threatened or 
endangered species. However, the Service, under limited circumstances, 
may issue permits to take threatened and endangered wildlife species 
incidental to, and not the purpose of, otherwise lawful activities.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4371 et seq. ) and its 
implementing regulations (40 CFR 1506.6).

Benjamin N. Tuggle,
Regional Director, Region 2, Albuquerque, New Mexico.
 [FR Doc. E8-23242 Filed 10-1-08; 8:45 am]