[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31342]


[[Page Unknown]]

[Federal Register: December 21, 1994]


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DEPARTMENT OF THE INTERIOR
 

Notice of Availability of Preliminary Draft Handbook for Habitat 
Conservation Planning and Incidental Take Permit Processing

AGENCIES: Fish and Wildlife Service, Interior, and National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration, 
Commerce.

ACTION: Notice of document availability.

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SUMMARY: The Fish and Wildlife Service and the National Marine 
Fisheries Service (hereafter referred to as Services) announce the 
availability of their Draft Handbook for Habitat Conservation Planning 
and Incidental Take Permit Processing. This draft document provides 
internal guidance for conducting the incidental take permit program 
under section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended (Act). Its purpose is to provide policy and guidance for 
section 10(a)(1)(B) procedures to promote efficiency and nationwide 
consistency within and between the Services. The Services seek public 
comment on this draft guidance document.

DATES: Comments on the Draft Handbook for Habitat Conservation Planning 
and Incidental Take Permit Processing must be received on or before 
February 21, 1995 to be considered during preparation of a final 
guidance document.

ADDRESSES: Persons wishing to review the Draft Handbook for Habitat 
Conservation Planning and Incidental Take Permit Processing may obtain 
a copy by contacting the Division of Endangered Species, U.S. Fish and 
Wildlife Service, 4401 North Fairfax Drive, Room 452, Arlington, 
Virginia 22203 (telephone 703/358-2106). Written comments and materials 
regarding the draft guidance should be directed to the same address. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Jamie Rappaport Clark, Chief, Division of Endangered Species, U.S. Fish 
and Wildlife Service, at the above address (703-358-2171), or Russell 
Bellmer, Chief, Endangered Species Division, National Marine Fisheries 
Service, 1335 East-West Highway, Silver Spring, Maryland 20910 (301-
713-2322).

SUPPLEMENTARY INFORMATION:

Background

    Section 10(a)(1)(B) of the Endangered Species Act (16 U.S.C. 1531 
et seq.) allows the Services, under certain circumstances, to issue 
permits to non-Federal entities for the ``take'' of federally listed 
fish and wildlife species. ``Take'' is defined by the Act as to 
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct.'' The Act defines 
``incidental take'' as take that is ``incidental to, and not the 
purpose of, the carrying out of an otherwise lawful activity.'' Under 
the Act, an ``incidental take permit'' must be obtained prior to any 
action by a non-Federal entity that will result in take of federally 
listed species (Federal agencies may obtain similar authority for take 
under section 7 of the Act). Any applicant for an incidental take 
permit must submit to the Services a ``conservation plan'' that 
species, among other things, the impacts to affected species likely to 
result from such taking and the steps the applicant will take to 
minimize and mitigate such impacts.
    This draft handbook provides consistent procedures for Service 
compliance with the incidental take permit provisions of Section 
10(a)(1)(B) of the Act. Consistency in the section 10(a)(1)(B) program 
will be achieved by:
    (1) providing national procedural and policy guidance;
    (2) providing standardized guidance to Service offices and 
personnel who participate in conservation planning programs under 
section 10(a)(1)(B) and review and process incidental take permit 
applications;
    (3) ensuring Service compliance with section 10(a)(1)(B) of the 
Act;
    (4) providing assistance to applicants in the non-Federal sector 
who wish to apply for incidental take permits, and
    (5) providing for conservation of federally listed, proposed and 
candidate species.
    Because of organizational differences between the Services and the 
character of many of the marine species, not all circumstances in the 
handbook will apply to the National Marine Fisheries Service. All 
substantive procedures and definitions are supported by both Services. 
Further guidance clarifying National Marine Fisheries Service specific 
organizational requirements will be included in the final handbook.

Public Comments Solicited

    The Services intend that a final decision on the Draft Handbook for 
Habitat Conservation Planning and Incidental Take Permit Processing 
will take advantage of information and recommendations from all 
interested parties. Therefore, comments or suggestions from the public, 
other concerned government agencies, the scientific community, 
industry, or any other interested party concerning this draft document 
are hereby solicited. All comments and materials received will be 
considered prior to the approval of a final document.

    Author/Editor: The editor of this document is William E. Lehman, 
U.S. Fish and Wildlife Service, Division of Endangered Species (See 
ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: October 21, 1994.
Richard N. Smith,
Acting Director, Fish and Wildlife Service.
    Dated: November 9, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-31342 Filed 12-20-94; 8:45 am]
BILLING CODE 4310-55-M