[Federal Register Volume 65, Number 50 (Tuesday, March 14, 2000)]
[Notices]
[Pages 13788-13790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6152]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Decision and Availability of Decision Documents on the 
Issuance of Permits for Incidental Take of Threatened and Endangered 
Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of decision.

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SUMMARY: Between March 11, 1999 and February 11, 2000, Region 1 of the 
Fish and Wildlife Service issued 14 permits for incidental take of 
threatened and endangered species, pursuant to section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended. Of the 14 permits 
issued, 3 are associated with implementation of a Habitat Conservation 
Plan for the Delhi Sands Flower-loving Fly, in the City of Rialto, 
California, and one was for the City of Laguna Woods, California, in 
association with the Orange County Central/Coastal Natural Community 
Conservation Plan (Central/Coastal Plan). We also transferred two 
previously issued permits due to changes in land ownership. One 
transfer was associated with the Central/Coastal Plan and one was 
associated with The Bluffs Habitat Conservation Plan.
    In addition, on March 1, 1999, we issued a permit to the Pacific 
Lumber Corporation. This permit notice was inadvertently left out of 
our last Notice on the issuance of permits for incidental take of 
threatened and endangered species.

[[Page 13789]]

    Copies of the 14 permits, 2 transferred permits, and associated 
decision documents are available upon request.

ADDRESSES: If you would like copies of any of the above documents, 
please contact the Fish and Wildlife Service Reference Service, 5430 
Grosvenor Lane, Suite 110, Bethesda, Maryland 20814, telephone (800) 
582-3421; or the Fish and Wildlife Service, Division of Consultation 
and Conservation Planning, 911 N.E. 11th Avenue, 4th Floor East, 
Portland, Oregon 97232.

FOR FURTHER INFORMATION CONTACT: Heather Hollis, Fish and Wildlife 
Biologist, at the above Portland, Oregon address; telephone (503) 231-
6241.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and 
Federal regulation prohibit the take of wildlife species listed as 
endangered or threatened, respectively. Under the Act, the term 
``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect listed wildlife, or to attempt to engage in any 
such conduct. The Service may, under limited circumstances, issue 
permits to authorize take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
permits for threatened and endangered species are found in 50 CFR 17.32 
and 17.22.
    Between March 11, 1999, and February 11, 2000, Region 1 of the 
Service issued the following permits for incidental take of threatened 
and endangered species, pursuant to section 10(a)(1)(B) of the Act. 
Each permit was issued after the following determinations were made: 
the application had been submitted in good faith; all permit issuance 
criteria were met, including the requirement that granting the permit 
will not jeopardize the continued existence of the species; and the 
permit was consistent with the Act and applicable regulations, 
including a thorough review of the environmental effects of the action 
and alternatives, pursuant to the National Environmental Policy Act of 
1969.
    Copies of these permits and associated decision documents are 
available upon request. Decision documents for each permit include 
Findings and Recommendations; a Biological Opinion; and either a 
Finding of No Significant Impact, a Record of Decision, or an 
Environmental Action Statement.

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               Name of permittee                                  Permit No.                     Issuance date
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PALCO Headwaters...............................  TE828950-0                                             03/01/99
North Peak Partners, LP........................  TE012768-0                                             06/07/99
City of The Dalles.............................  TE004366-0                                             07/01/99
RMC Lonestar, Bonny Doon Quarries..............  TE844722-0                                             08/05/99
E-Z Mix, Inc...................................  TE015985-0                                             08/27/99
Antoninni Trust................................  TE015986-0                                             08/27/99
Angelus Block Co., Inc.........................  TE015987-0                                             08/27/99
Hanson Aggregates..............................  TE013227-0                                             09/03/99
Hord...........................................  TE003250-0                                             09/30/99
Nuevo/Torch....................................  TE019489-0                                             11/17/99
Teichart, Esparto Mining Project...............  TE019954-0                                             12/20/99
Plum Creek I-90 Permit Modification............  PRT-808398                                             12/23/99
Ox Yoke Road Development.......................  TE021326-0                                             02/11/00
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Permit Transfer Associated With the Bluffs Habitat Conservation 
Plan

    In addition to issuing the incidental take permits listed above, we 
approved an assumption agreement, dated May 21, 1999, to transfer 
incidental take permit TE003795-0 issued October 19, 1998. This 
agreement formally recognized the transfer of title from East County 
Investors and Greenbriar Land Company to Warmington Livermore 
Associates, LP. In signing the agreement, Warmington Livermore 
Associates, LP assumed the obligations of The Bluffs Habitat 
Conservation Plan and the Assumption Agreement with Respect to the 
Bluffs Habitat Conservation Plan. The assumption by Warmington 
Livermore Associates, LP did not result in a new analysis of effects or 
change the requirements of the original permit, habitat conservation 
plan, or implementing agreement. Copies of the executed assumption 
agreement and transferred permit are available upon request.

Incidental Take Permits Associated With the Central/Coastal Plan

    On January 21, 2000, we approved an assumption agreement to 
transfer incidental take permit PRT-810581 (issued July 17, 1996) from 
Chandis Securities Company to the Headlands Reserve, LLC. This 
agreement formally recognized transfer of title of land and obligations 
of the two parties with respect to this permit pursuant to the Central/
Coastal Plan.
    In addition, on November 3, 1999 we issued an incidental take 
permit to the City of Laguna Woods in association with its 
participation in the Central/Coastal Plan. The Central/Coastal Plan 
fully anticipated that jurisdictions within the plan boundaries would 
sign the plan's Implementing Agreement as participating jurisdictions 
following approval of the plan and subsequently be issued an incidental 
take permit. Provided that no plan revisions or additional impacts were 
determined to be associated with permit issuance, no revision to the 
Service's permit decision documents for the Central/Coastal Plan would 
be necessary. The Service determined that no plan revisions or 
additional impacts were associated with issuance of the following 
permits pursuant to the Central/Coastal plan. Copies of these permits 
and assumption agreement are available upon request.

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               Name of permittee                                  Permit No.                     Issuance date
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City of Laguna Woods...........................  TE019204-0                                             11/03/99
Permit Transfer from Chandis Securities to       TE810581-1                                             01/21/00
 Headlands Reserve.
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[[Page 13790]]

    Dated: March 7, 2000.
Thomas Dwyer,
Deputy Regional Director, Fish and Wildlife Service, Region 1, 
Portland, Oregon.
[FR Doc. 00-6152 Filed 3-13-00; 8:45 am]
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