[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Pages 7794-7795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4141]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for Obyan Beach Resort
Associates, Saipan, Commonwealth of the Northern Mariana Islands
(Commonwealth)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that Obyan Beach Resort
Associates has applied to the U.S. Fish and Wildlife Service for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended. The application has been
assigned permit number PRT-824821. The proposed permit would authorize
the incidental take of nightingale reed-warblers (Acrocephalus
luscinia), federally listed as endangered, and/or nightingale reed-
warbler habitat during the construction of a proposed 36-hole golf
course and resort. The Micronesian megapode (Megapodius laperouse) also
occurs on site but is not expected to be impacted by this project.
Green sea turtles (Chelonia mydas) may nest at a beach near the project
site, but outside of the project boundaries, and are not expected to be
impacted by this project. The permit would be in effect for 50 years.
The U.S. Fish and Wildlife Service also announces the availability
of an Environmental Assessment for the incidental take permit
application, which includes the proposed Habitat Conservation Plan
fully describing the proposed project and mitigation, and the
accompanying Implementing Agreement. This notice is provided pursuant
to section 10(a) of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6). All comments,
including names and addresses, received will become part of the
official administrative record and may be made available to the public.
DATES: Written comments on the permit application, Environmental
Assessment and Implementing Agreement should be received on or before
March 24, 1997.
ADDRESSES: Comments regarding the application or adequacy of the
Environmental Assessment and Implementing Agreement should be addressed
to the U.S. Fish and Wildlife Service, Pacific Islands Office, 300 Ala
Moana Blvd., Room 3108, P.O. Box 50088, Honolulu, HI 96850. Please
refer to permit number PRT-824821 when submitting comments. Individuals
wishing to obtain review copies of the application, Environmental
Assessment, or Implementing Agreement 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. Brooks Harper, Ms. Karen Evans or
Dr. Annie Marshall, Pacific Islands Office, 808-541-3441.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act
prohibits the ``taking'' of a species listed as threatened or
endangered. However, the U.S. Fish and Wildlife Service, under limited
circumstances, may issue permits to take listed species incidental to,
and not the purpose of, otherwise lawful activities. Regulations
governing permits for threatened species are promulgated in 50 CFR
17.32; regulations governing permits for endangered species are
promulgated in 50 CFR 17.22.
Background
Obyan Beach Resort Associates propose to construct a 36-hole golf
course and resort on the southeastern part of Saipan, Commonwealth of
the Northern Mariana Islands. Obyan Beach Resort Associates seeks
coverage for impacts to 814 acres that contain nightingale reed-warbler
habitat. To compensate for project impacts, Obyan Beach Resort
Associates will: (1) Minimize on-site impacts and maintain habitat on
site for 10 pairs of nightingale reed-warblers, and (2) work with the
local Commonwealth government to establish the Saipan Wildlife
Mitigation Bank, that will consist of 3 conservation sites located
north of the project site. The mitigation sites provide suitable
habitat for nightingale reed-warbler (tangantangan forest and mixed
tangantangan/grassland mosaic). Obyan Beach Resort Associates will work
with the Commonwealth government to ensure that the mitigation bank is
secure through the promulgation of regulations and will provide funding
for long-term management of the mitigation sites. Other measures are
specified in the Habitat Conservation Plan to minimize potential for
take during construction activities.
The Environmental Assessment considers the environmental
consequences of three alternatives. Alternative 3, the proposed action,
consists of the issuance of an incidental take permit and
implementation of the Habitat Conservation Plan and its Implementing
Agreement. This alternative is preferred because: (1) It satisfies the
purpose and needs of the U.S. Fish and Wildlife Service and
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Obyan Beach Resort Associates; (2) impacts are minimized during
construction, and (3) incidental take is mitigated by the establishment
of a wildlife mitigation bank and other measures specified in the
Habitat Conservation Plan. This mitigation bank would be established in
perpetuity for the protection of the endangered nightingale reed-
warbler and other wildlife species. Alternative 2 entails developing
the project as originally permitted by the local government. The
impacts to nightingale reed-warblers on site would be greater under
this alternative and a wildlife mitigation bank would not be
established. Under Alternative 1, the no action alternative, the U.S.
Fish and Wildlife Service would not issue an incidental take permit.
The area leased would then be likely to revert back to the Commonwealth
government. None of the existing nightingale reed-warblers would be
lost, at least immediately. After the land reverted back to the
Commonwealth, it would then be available for other uses. These uses
could have greater impacts to nightingale reed-warblers as a result of
subdivision and the subsequent habitat fragmentation. Under the no
action alternative, the mitigation sites would not be preserved as a
wildlife mitigation bank.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and the National Environmental Policy Act of 1969
regulations (40 CFR 1506.6). The U.S. Fish and Wildlife Service will
evaluate the application, associated documents, and comments submitted
thereon to determine whether the application meets the requirements of
the National Environmental Policy Act regulations and section 10(a) of
the Endangered Species Act. If it is determined that the requirements
are met, a permit will be issued for the incidental take of the listed
species. The final permit decision will be made no sooner than 30 days
from the date of this notice.
Dated: February 12, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-4141 Filed 2-19-97; 8:45 am]
BILLING CODE 4310-55-P
