[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Notices]
[Pages 31226-31227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15132]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Revised Application for an Incidental Take
Permit and Revised Environmental Assessment for Obyan Beach Resort
Associates, Saipan, Commonwealth of the Northern Mariana Islands and
the Commonwealth of the Northern Mariana Islands Department of Lands
and Natural Resources
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Obyan Beach Resort
Associates and the Commonwealth of the Northern Mariana Islands
(Commonwealth) Department of Lands and Natural Resources (Applicants)
have applied to the Fish and Wildlife Service for an incidental take
permit (PRT-824821) pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act). The application package includes
a Habitat Conservation Plan (Plan), Implementation Agreement, and the
Saipan Upland Mitigation Bank Agreement (Agreement). The Service also
announces the availability of an Environmental Assessment for the
proposed issuance of the incidental take permit. The proposed permit
would authorize the incidental take of the federally listed endangered
nightingale reed-warbler (Acrocephalus luscinia) and Micronesian
megapode (Megapodius laperouse), and/or their habitat during the
construction of a proposed 36-hole golf course and resort. Green sea
turtles (Chelonia mydas) may nest at the beach near the project site,
but outside of the project boundaries, and are not expected to be
impacted by the project. The permit would be in effect for 50 years.
The Plan, Implementation Agreement and Environmental Assessment
were circulated for public review in February, 1997, in accordance with
the Act and the National Environmental Policy Act (62 FR 7794). The
original permit application proposed establishment of a mitigation bank
on Saipan to compensate for impacts to nightingale reed-warblers. Since
that time, the proposed Saipan Upland Mitigation Bank (Mitigation Bank)
has been developed, and a Mitigation Bank Agreement has been prepared.
This Agreement is now included in the permit application. Other than
development of the Mitigation Bank and associated Agreement, no major
revisions have been made to the permit application and Environmental
Assessment. This notice advises the public that the revised Plan,
Implementation Agreement and Environmental Assessment, and the
Agreement are available for review and comment. All comments received,
including names and addresses, will become part of the administrative
record and may be made available to the public. 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 permit application and Environmental
Assessment should be received on or before June 23, 1998.
ADDRESSES: Comments regarding the permit application, Plan, Agreement,
or Environmental Assessment, or requests for these documents, should be
addressed to Brooks Harper, Field Supervisor, Fish and Wildlife
Service, P.O. Box 50088, Honolulu, Hawaii 96850; Fax (808) 541-3470.
Please refer to permit number PRT-824821 when submitting comments.
FOR FURTHER INFORMATION CONTACT: Brooks Harper or Gina Shultz, Pacific
Islands Fish and Wildlife Office, telephone (808) 541-3441.
SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the
``taking'' of a species listed as threatened or endangered. However,
the 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
The Applicants propose to construct a 36-hole golf course and
resort on the southeastern part of Saipan, Commonwealth of the Northern
Mariana Islands. The Applicants seek coverage for impacts to 814 acres
that contain nightingale reed-warbler and Micronesian megapode habitat.
To compensate for project impacts, the Applicants will: (1) Minimize
on-site impacts and maintain habitat on-site for 10 pairs of
nightingale reed-warblers, and (2) develop a Mitigation Bank and
purchase 24 nightingale reed-warbler credits from the Mitigation Bank.
Purchase of 24 credits from the Mitigation Bank will result in the
permanent protection of 24 existing nightingale reed-warbler
territories and permanent protection and enhancement of habitat to
establish an additional 24 territories. Other measures are specified in
the 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, development of
the Mitigation Bank, and implementation of the Plan and its
implementation Agreement. This alternative is preferred because: (1) It
satisfies the purpose and needs of the Service and Applicants; (2)
impacts are minimized during construction; and (3) incidental take is
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mitigated by the development of a Mitigation Bank, the purchase of 24
nightingale reed-warbler credits from the Mitigation Bank, and other
measures specified in the Plan. 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 the protection of 24 nightingale reed-warbler
territories and protection and enhancement of an additional 24
nightingale reed-warbler territories would not occur. Under alternative
1, the no action alternative, the Service would not issue an incidental
take permit. The area leased would likely 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 24 existing territories would not be preserved
in the Mitigation Bank, and habitat protection and enhancement for the
establishment of 24 additional territories would not occur.
Dated: June 2, 1998.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-15132 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-55-P
