[Federal Register Volume 63, Number 101 (Wednesday, May 27, 1998)]
[Notices]
[Pages 29020-29021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13950]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Permit Amendment for the Natomas Basin Habitat Conservation Plan, 
Sacramento and Sutter Counties, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of permit amendment.

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SUMMARY: On December 31, 1997, the Service issued an incidental take 
permit pursuant to section 10(a)(1)(B) of the

[[Page 29021]]

Endangered Species Act of 1973, as amended, to the City of Sacramento, 
California, for the Natomas Basin Habitat Conservation Plan (Plan). The 
assigned permit number is PRT-823773. Prior to issuance of the 
incidental take permit, the Service had agreed, in settlement of 
pending court litigation Spirit of the Sage Council v. Babbitt 
(D.D.C.), to request public comment on the appropriateness of including 
the Department of the Interior's and Department of Commerce's joint 
Habitat Conservation Plan Assurances (``No Surprises Assurances'') in 
all incidental take permit applications noticed for public comment in 
the Federal Register after March 18, 1997, pending a final 
determination by the agencies regarding the policy. In the Federal 
Register notice of June 18, 1997 (62 FR 33400), the Service 
specifically requested public comment on the No Surprises assurances in 
the Plan. In a subsequent stipulation in the litigation, the Service 
agreed not to issue any incidental take permits after December 29, 
1997, that contained No Surprises Assurances until making a final 
determination on the proposed No Surprises rule. Because the Plan had 
been completed and the permit applicant wished to proceed with 
activities under the Plan, the Service issued the permit on December 
31, 1997, without the ``No Surprises'' assurances that otherwise would 
have accompanied the permit. This was accomplished by adding term and 
condition K. to the permit which rendered inoperative the No Surprises 
assurances contained in the Plan and Implementing Agreement. On 
February 23, 1998, the Department of the Interior (Fish and Wildlife 
Service) and Department of Commerce (National Marine Fisheries Service) 
published the Habitat Conservation Plan Assurances (``No Surprises'') 
final rule (63 FR 35), thus fulfilling the final condition of the court 
settlement.
    The purpose of the proposed permit amendment is to reinstate the 
``No Surprises'' assurances into the City of Sacramento's incidental 
take permit for the Natomas Basin Plan, as described in condition K. of 
the permit and as outlined in sections 6.9.2-6.9.4 of the Plan's 
Implementing Agreement. This permit amendment would result in no 
substantive changes to the Natomas Basin Plan or any of its supporting 
documents.

DATES: Written comments on the addition of No Surprises Assurances to 
the incidental take permit should be received on or before June 26, 
1998.

ADDRESSES: Comments should be addressed to the Fish and Wildlife 
Service, Sacramento Fish and Wildlife Office, 3310 El Camino, Suite 
130, Sacramento, California 95821-6340. Please refer to permit number 
PRT-823773 when submitting comments on this provision. Individuals 
wishing copies of the Plan or Implementing Agreement for review should 
immediately contact the above office. Documents also will be available 
for public inspection, by appointment, during normal business hours at 
the above address.

FOR FURTHER INFORMATION CONTACT: Mr. William Lehman, Sacramento Fish 
and Wildlife Office, telephone (916) 979-2129.

    Dated: May 18, 1998.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-13950 Filed 5-26-98; 8:45 am]
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