[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Notices]
[Pages 18493-18494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8618]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Application for an Incidental Take Permit and 
Receipt of a Habitat Conservation Plan for the American Bald Eagle, 
Gaston County, NC

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Pinsto, Inc. (Applicant) has made an application for an 
incidental take permit (ITP) from the Fish and Wildlife Service 
(Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), as amended. The proposed ITP would 
allow take of the American bald eagle (Haliaeetus leucocephalus), a 
federally listed threatened species, incidental to residential 
development. The permit would authorize take of American bald eagles at 
an existing nest site located on the Applicant's property and would 
authorize take of American bald eagles associated with any future nests 
that might occur on the property. Destruction of the nest or the tree 
in which the nest is located is not requested by the Applicant. Rather, 
the proposed incidental take will occur as the result of harm and 
harassment to the eagles resulting from residential construction 
activities surrounding the nest.
    As described in the Applicant's habitat conservation plan (HCP), 
impacts will be minimized and mitigated by altering the Applicant's 
infrastructure plans to come no closer than 150 feet to the nest. The 
Applicant has established and will file a set of use restrictions with 
the proposed subdivision plat which are designed to minimize 
disturbance to the eagles. These restrictions would (1) protect a 
wooded area immediately surrounding the nest tree and (2) minimize any 
outdoor construction activities during the nesting season. The HCP is 
further described in the SUPPLEMENTARY INFORMATION section below.
    We have evaluated the application and project area and determined 
that the HCP is a ``low-effect'' HCP involving minor or negligible 
effects to the American bald eagle and other environmental resources. 
As provided by the Department of Interior's Manual (516 DM2, Appendix 1 
and 516 DM6, Appendix 1) for implementing the National Environmental 
Policy Act (NEPA), this low-effect HCP qualifies as a categorical 
exclusion and does not require the preparation of an environmental 
assessment (EA) or environmental impact statement (EIS). As a 
categorical exclusion, according to NEPA regulations (40 CFR 1508.4), 
low-effect HCPs do not individually or cumulatively have a significant 
effect on the human environment.
    We also announce the availability of the HCP and our determination 
that a Categorical Exclusion is appropriate for the ITP application. 
Copies of the HCP and the Service's supporting documentation may be 
obtained by making a written request to our Regional Office (see 
ADDRESSES). Our final decisions on whether the HCP is a low-effect plan 
and whether to issue the requested ITP will be made no sooner than 30 
days from the date of this notice. This notice is provided pursuant to 
Section 10 of the Endangered Species Act and NEPA regulations (40 CFR 
1506.6).
    We specifically request information, views, and opinions from the 
public via this Notice on the issuance of the requested ITP. Further, 
we specifically solicit information regarding the

[[Page 18494]]

adequacy of the HCP as measured against the Service's ITP issuance 
criteria found in 50 CFR parts 13 and 17.
    If you wish to comment, you may submit comments by any one of 
several methods. You may mail comments to the Service's Regional Office 
(see ADDRESSES). You may also comment via the internet to 
``[email protected]''. Please submit comments over the internet as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Please also include your name and return address in your 
internet message. If you do not receive a confirmation from the Service 
that we have received your internet message, contact us directly at 
either telephone number listed below (see FURTHER INFORMATION). 
Finally, you may hand deliver comments to us at the office listed below 
(see ADDRESSES). Our practice is to make comments, including names and 
home addresses of respondents, available for public review during 
regular business hours. Individual respondents may request that we 
withhold their home address from the administrative record. We will 
honor such requests to the extent allowable by law. There may also be 
other circumstances in which we would withhold from the administrative 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and address, you must state this prominently at the 
beginning of your comments. We will not, however, consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

DATES: Written comments on the ITP application and HCP should be sent 
to the Service's Regional Office (see ADDRESSES) and should be received 
on or before May 9, 2001.

ADDRESSES: Persons wishing to review the application, HCP, and 
supporting documentation may obtain a copy by writing the Service's 
Southeast Regional Office, Atlanta, Georgia. Documents will also be 
available for public inspection by appointment during normal business 
hours at the Regional Office, 1875 Century Boulevard, Suite 200, 
Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or Asheville 
Field Office, 160 Zillicoa Street, Asheville, North Carolina 28801 
(Attn: Field Supervisor). Written data or comments concerning the 
application, HCP, or supporting documents should be submitted to the 
Regional Office. Requests for the documentation must be in writing to 
be processed. Please reference permit number TE039993-0 in such 
comments, or in requests of the documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Lee Andrews, Regional Permit 
Coordinator, (see ADDRESSES above), telephone: 404/679-7217; or Mr. 
Mark Cantrell, Fish and Wildlife Biologist, Asheville, North Carolina 
Field Office, (see ADDRESSES above), telephone 828/258-3939, Ext. 227.

SUPPLEMENTARY INFORMATION: The bald eagle below the 40th parallel was 
listed as endangered in 1967 and received protection under the Act. Due 
to efforts to protect the bald eagle and its habitat, population 
reintroduction programs, and the banning of DDT, its population has 
steadily increased. The bald eagle was reclassified as threatened 
throughout the continental United States in July 1995 (60 FR 36000-
36010). The bald eagle is now being considered for delisting (64 FR 
36454-36464). The range-wide status of the American bald eagle was 
discussed in detail in the proposed rule to remove the bald eagle from 
the Federal List of Endangered and Threatened Wildlife and Plants (64 
FR 36454-36464).
    Under section 9 of the Act and its implementing regulations, 
``taking'' of endangered and threatened wildlife is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take such wildlife if the taking is incidental to and not the purpose 
of otherwise lawful activities. The Applicant has prepared a HCP as 
required for the ITP application. The Applicant intends to develop a 
residential subdivision consisting of 12 lots on 13 acres. The 
biological goal of the HCP is to avoid harm or injury to the bald 
eagles and their nest to the maximum extent practicable and to retain 
the existing eagles within their occupied territory. To avoid, 
minimize, and mitigate impacts, the Applicant will establish an open 
space area of 3.087 acres, which is equivalent to the 150-foot radius 
buffer, adjacent and contiguous with the nest and establish use 
restrictions on the lots surrounding the nest. These use restrictions 
will limit outdoor activities within the subdivision during the nesting 
season. We expect these efforts to minimize potential effects of human 
activities on bald eagles that may use the nest. The ITP will authorize 
incidental take in the form of harm and harassment associated with the 
disturbance and modification of the habitat surrounding the nest. To 
help us evaluate the biological effect of the HCP on bald eagles, the 
Applicant will monitor the nesting activities of the bald eagles 
annually for the life of the permit, which is three years.
    As stated above, we have determined that the HCP is a low-effect 
plan that is categorically excluded from further NEPA analysis and, 
therefore, does not require the preparation of an EA or EIS. Low-effect 
HCPs are those involving: (1) minor or negligible effects on federally 
listed or candidate species and their habitats, and (2) minor or 
negligible effects on other environmental values or resources. The 
Applicant's HCP qualifies for the following reasons:

    1. Approval of the HCP would result in minor or negligible 
effects on the American bald eagle and its habitat. We do not 
anticipate significant direct or cumulative effects on this species 
as a result of this project.
    2. Approval of the HCP would not have adverse effects on known 
geographic, historic or cultural sites, or involve unique or unknown 
environmental risks.
    3. Approval of the HCP would not result in any significant 
adverse effects on public health or safety.
    4. The project does not require compliance with Executive Order 
11988 (Floodplain Management), Executive Order 11990 (Protection of 
Wetlands), or the Fish and Wildlife Coordination Act, nor does it 
threaten to violate a Federal, State, local, or tribal law or 
requirement imposed for protection of the environment.
    5. Approval of the HCP would not establish a precedent for 
future action or represent a decision in principle about future 
actions with potentially significant environmental effects.

    We will evaluate the HCP and public comments to determine whether 
the ITP application meets the requirements of section 10(a) of the Act. 
We will also evaluate whether the issuance of the ITP complies with 
section 7 of the Act by conducting an intra-Service section 7 
consultation to ensure the ITP will not jeopardize the continued 
existence of this species. We will use the results of this 
consultation, in combination with the above findings, to determine if 
the requirements of the ITP are met and whether or not to issue the 
ITP.

    Dated: March 27, 2001.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 01-8618 Filed 4-6-01; 8:45 am]
BILLING CODE 4310-55-P