Environmental statements; availability, etc.: Incidental take permits— owl,

[Federal Register: October 1, 1998 (Volume 63, Number 190)]

[Notices]

[Page 52741-52742]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01oc98-85]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered and Threatened Wildlife and Plants: Notice of Availability and Opening of Comment Period for an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take Permit for the 160-Acre Lazy K Bar Ranch in Pima County, AZ

AGENCY: Fish and Wildlife Service, DOI.

ACTION: Notice: Issuance of an incidental take permit for a Habitat Conservation Plan (HCP).

SUMMARY: The U.S. Fish and Wildlife Service (Service) provides notice of the availability of an EA/HCP for the Lazy K Bar Ranch in Pima County, Arizona. LKB, LLC (Applicant) has applied to the Service for an incidental take permit pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act). The Applicant has been assigned permit number TE 2796-0. The requested permit, which is in perpetuity, would authorize incidental take in the form of habitat loss and harassment of the endangered cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum). The proposed take on 160-acres of private land would occur from resort/guest ranch and/or residential land uses on the Lazy K Bar Ranch, Pima County, Arizona.

The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/HCP) for the incidental take application. A determination of jeopardy to the species or a Finding of No Significant Impact (FONSI) will not be made until at least 30 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the application should be received on or before November 2, 1998.

ADDRESSES: Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 87103. Persons wishing to review the EA/HCP may obtain a copy by contacting Tom Gatz, Acting Field Supervisor, Arizona Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103, Phoenix, Arizona 85021, (602-640-2720; Fax 602- 640-2730). Documents will be available for public inspection by written request, by appointment only, during normal business hours (8:00 to 4:30), U.S. Fish and Wildlife Service, Phoenix, Arizona. Written data or comments concerning the application and EA/HCP should be submitted to the Field Supervisor, Ecological Services Field Office, Phoenix, Arizona (see address above). Please refer to permit number TE 2796-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tom Gatz or Angela Brooks at the above Arizona Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the ``taking'' of threatened and endangered species such as the cactus ferruginous pygmy-owl. However, the Service, under limited circumstances, may issue permits to take threatened or endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22.

The EA considers the environmental consequences of two alternatives, including the proposed action. Two other alternatives were explored, but were rejected as unworkable. The proposed action alternative is issuance of the incidental take permit and implementation of the HCP as submitted by the Applicant. The HCP provides conservation measures to minimize take and conserve Plan Species habitats within the project area. The HCP also provides funding for monitoring of Plan Species populations and habitats and for its implementation.

APPLICANT: LKB, LLC proposes to purchase the Lazy K Bar Ranch from its current owner and develop 50 residential lots on the 160-acre . The anticipated incidental take will be limited to harassment of up to two adult cactus ferruginous pygmy-owls (and their young) that may be associated with any construction activities within the subject property and loss of approximately 31 acres of potential habitat from proposed residential development. The Lazy K Bar Ranch is located in Pima County, northwest of Tucson, Arizona.

[[Page 52742]]

Dated: September 22, 1998. Geoffrey J. Haskett, Acting Regional Director, Region 2, Albuquerque, New Mexico.

[FR Doc. 98-25967Filed9-30-98; 8:45 am]

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