[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices]
[Page 57382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc08-108]
[[Page 57382]]
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DEPARTMENT OF THE INTERIOR
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.
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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.
Background
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]
BILLING CODE 4310-55-P