6050 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: The public is invited to 

comment on the following applications 

to conduct certain activities with 

endangered species. 

DATES: Written data, comments or 

requests must be received by March 6, 

2009. 

ADDRESSES: Documents and other 

information submitted with these 

applications are available for review, 

subject to the requirements of the 

Privacy Act and Freedom of Information 

Act, by any party who submits a written 

request for a copy of such documents 

within 30 days of the date of publication 

of this notice to: U.S. Fish and Wildlife 

Service, Division of Management 

Authority, 4401 North Fairfax Drive, 

Room 212, Arlington, Virginia 22203; 

fax 703/358–2281. 

FOR FURTHER INFORMATION CONTACT: 

Division of Management Authority, 

telephone 703/358–2104. 

SUPPLEMENTARY INFORMATION: 

Endangered Species 

The public is invited to comment on 

the following applications for a permit 

to conduct certain activities with 

endangered species. This notice is 

provided pursuant to Section 10(c) of 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Written data, comments, or requests for 

copies of these complete applications 

should be submitted to the Director 

(address above). 

Applicant: University of Washington, 

National Primate Research Center, 

Seattle, WA, PRT–199108 

The applicant requests a permit to 

import blood samples of Bornean 

orangutans (Pongo pygmaeus) from 

Canada for the purpose of scientific 

research on the incidence of disease in 

captive-held orangutans in an 

Indonesian orangutan rehabilitation 

center. This notification covers a onetime import. 

Applicant: Gibbon Conservation Center, 

Santa Clarita, CA, PRT–204841 

The applicant requests a permit to 

import two male captive-born siamangs 

(Symphalangus syndactylus), and one 

male captive-born Javan gibbon 

(Hylobates moloch) from the Port 

Lympne Wild Animal Park, United 

Kingdom, for the purpose of 

enhancement of the species through 

captive breeding. 

Applicant: Gibbon Conservation Center, 

Santa Clarita, CA, PRT–204842 

The applicant requests a permit to 

export one male and re-export one 

female captive-born siamang 

(Symphalangus syndactylus) to the Zooz 

Park, Ontario, Canada, for the purpose 

of enhancement of the species through 

captive breeding. 

Applicant: David L. Clark, Seattle, WA, 

PRT–203410 

The applicant requests a permit to 

import the sport-hunted trophy of one 

female brown hyena (Parahyaena 

brunnea) from Namibia for personal use. 

Applicant: Roger A. Rose, West Olive, 

MI, PRT–203526 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Applicant: Anthony J. White, Rison, AR, 

PRT–203517 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Applicant: Leslie F. Howell Jr., 

Clearwater, FL, PRT–203831 

The applicant requests a permit to 

import the sport-hunted trophy of one 

male bontebok (Damaliscus pygargus 

pygargus) culled from a captive herd 

maintained under the management 

program of the Republic of South Africa, 

for the purpose of enhancement of the 

survival of the species. 

Dated: January 23, 2009. 

Lisa J. Lierheimer, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority. 

[FR Doc. E9–2309 Filed 2–3–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–2008–N0289; 1112–0000–80221– 

F2] 

Tehachapi Uplands Multiple Species 

Habitat Conservation Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

receipt of application. 

SUMMARY: This notice announces the 

availability of the draft Tehachapi 

Uplands Multiple Species Habitat 

Conservation Plan (MSHCP), draft 

Implementing Agreement (IA), and draft 

Environmental Impact Statement (EIS) 

for public review and comment. We, the 

Fish and Wildlife Service (Service), are 

considering the issuance of a 50-year 

incidental take permit (permit) for 27 

species in response to receipt of an 

application prepared by Tejon Ranch 

Corporation (Tejon or Applicant) 

pursuant to section 10(a)(1)(B) of the 

Endangered Species Act of 1973, as 

amended (Act). The permit is needed 

because take of species could occur 

within 141,886 acres of covered lands 

on the Tejon Ranch as the result of ongoing ranch activities and 

approximately 5,533 acres of mountain 

resort and other development within 

and adjacent to the Interstate 5 corridor 

and Lebec community in Kern County, 

California. The MSHCP proposes a 

conservation strategy to minimize and 

mitigate to the maximum extent 

practicable any impacts that could occur 

to covered species as the result of the 

covered activities. 

DATES: Written comments must be 

received on or before May 5, 2009. 

ADDRESSES: Written comments may be 

submitted to Mary Grim, Section 10 

Program Coordinator, U.S. Fish and 

Wildlife Service, 2800 Cottage Way, W– 

2605, Sacramento, CA 95825. Comments 

may also be sent by e-mail to 

fw8tumshcp@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Steve Kirkland, U.S. Fish and Wildlife 

Service, at 805–644–1766. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Individuals wishing to receive copies 

of the application, draft HCP, draft EIS, 

and draft IA, should contact the Service 

by telephone (see FOR FURTHER

INFORMATION CONTACT). Copies of the 

subject documents are also available for 

public inspection during regular 

business hours at the Ventura Fish and 

Wildlife Office [see FOR FURTHER

INFORMATION CONTACT], and may be 

downloaded from the Ventura Fish and 

Wildlife Office Web site at: http:// 

www.fws.gov/ventura/. 

Background 

Section 9 of the Act and Federal 

regulations prohibit the ‘‘take’’ of 

wildlife species listed as endangered or 

threatened (16 U.S.C. 1538). The Act 

defines the term ‘‘take’’ as: to harass, 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 6051 

harm, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect listed species, or 

to attempt to engage in such conduct (16 

U.S.C. 1532). Harm includes significant 

habitat modification or degradation that 

actually kills or injures listed wildlife 

by significantly impairing essential 

behavioral patterns, including breeding, 

feeding, and sheltering [50 CFR 17.3(c)]. 

Pursuant to section 10(a)(1)(B) of the 

Act, the Service may issue permits to 

authorize ‘‘incidental take’’ of listed 

animal species. ‘‘Incidental Take’’ is 

defined by the Act as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Regulations governing permits 

for threatened species and endangered 

species, respectively, are at 50 CFR 

17.32 and 50 CFR 17.22. 

Although take of listed plant species 

is not prohibited under the Act, and 

therefore cannot be authorized by an 

incidental take permit, plant species 

may be included on a permit in 

recognition of the conservation benefits 

provided to them by a habitat 

conservation plan. All species included 

on an incidental take permit would 

receive assurances under the Service’s 

‘‘No Surprises’’ regulation [50 CFR 

17.22(b)(5) and 17.32(b)(5)]. 

We have received an application for 

an incidental take permit covering 27 

listed and unlisted species that may be 

taken or otherwise affected by on-going 

ranch activities and future low density 

residential and commercial 

development activities on a portion of 

the Tejon Ranch. The potential impacts 

of take that could result from such 

covered activities would be avoided, 

minimized and mitigated as described 

in the Tehachapi Uplands Multiple 

Species Habitat Conservation Plan 

(plan) submitted as part of the 

incidental take permit application by 

Tejon. The Applicant has prepared the 

plan to satisfy the requirements for a 

section 10(a)(1)(B) permit under the Act. 

The Applicant seeks a 50-year 

incidental take permit for covered 

activities within 141,886 acres of 

covered lands on Tejon Ranch lands in 

Kern County, California. Activities 

covered by the permit would include 

ongoing activities that have historically 

occurred at the Ranch, such as grazing 

and film production, as well as planned 

future community development of 

approximately 5,533 acres within and 

adjacent to the Interstate-5 corridor in 

the Tejon Mountain Village Planning 

Area and the Lebec/Existing 

Headquarters area, and take 

minimization, mitigation and 

conservation measures provided under 

the MSHCP. The permit would not 

cover hunting or mineral extraction. 

Species proposed for coverage in the 

MSHCP are species that are currently 

listed as federally threatened or 

endangered or have the potential to 

become listed during the term of the 

permit and have some likelihood to 

occur within the plan area. Several of 

the species proposed for coverage are 

also listed under the California 

Endangered Species Act or identified as 

Fully Protected species or species of 

special concern under state law. Should 

any of the unlisted covered wildlife 

species become listed under the Act 

during the term of the permit, take 

authorization for those species would 

become effective upon listing. Twentyone animal species and six plant species 

are known or have the potential to occur 

within the plan area and are proposed 

to be covered by the permit (Covered 

Species). The permit would include the 

following federally listed animal 

species: California condor (Gymnogyps 

californianus—federally listed as 

endangered and state listed as 

endangered and fully protected), least 

Bell’s vireo (Vireo bellii pusillus— 

federally and state listed as 

endangered), southwestern willow 

flycatcher (Empidonax traillii extimus— 

federally and state listed as 

endangered), and Valley elderberry 

longhorn beetle (Democerus californicus 

dimorphus—federally listed as 

threatened). The permit would also 

include the following species currently 

unlisted under the Act: Western yellowbilled cuckoo (Coccyzus americanus 

occidentalis—federal candidate for 

listing and state listed as endangered); 

Tehachapi slender salamander 

(Batrachoseps stebbinsi—state listed as 

threatened), bald eagle (Haliaeetus 

leucocephalus—state listed as 

endangered), American peregrine falcon 

(Falco peregrinus anatum—state listed 

as endangered and fully protected), little 

willow flycatcher (Empidonax traillii 

brewsteri—state listed as endangered), 

golden eagle (Aquila chrysaetos—state 

species of special concern and fully 

protected), white-tailed kite (Elanus 

leucurus—state fully protected), ringtail 

(Bassariscus astutus—state fully 

protected), tricolored blackbird 

(Agelaius tricolor—state species of 

concern), Tehachapi pocket mouse 

(Perognathus alticola inexpectatus— 

state species of concern), burrowing owl 

(Athene cunicularia—state species of 

concern), yellow-blotched salamander 

(Ensatina eschscholtzii croceater—state 

species of concern), western spadefoot 

(Spea hammondii—state species of 

concern), purple martin (Progne subis— 

state species of concern), yellow warbler 

(Dendroica petechia brewsteri—state 

species of concern), coast horned lizard 

(Phrynosoma coronatum (both frontale 

and blainvillii populations)—state 

species of concern), two-striped garter 

snake (Thamnophis hammondii—state 

species of concern), round-leaved filaree 

(Erodium macrophyllum), Fort Tejon 

woolly sunflower (Eriophyllum lanatum 

var. hallii), Kusche’s sandwort (Arenaria 

macradenia var. kuschei), Tehachapi 

buckwheat (Eriogonum callistum), 

striped adobe lily (Fritillaria striata— 

state listed as threatened), and Tejon 

poppy (Eschscholzia lemmonii ssp. 

kernensis). 

The MSHCP includes a conservation 

strategy intended to avoid, minimize 

and mitigate to the maximum extent 

practicable any impacts that would 

occur to covered species as the result of 

the covered activities. Under the plan, 

and consistent with the Tejon Ranch 

Conservation and Land Use Agreement 

between Tejon and the Sierra Club, 

National Audubon Society, Natural 

Resources Defense Council, Endangered 

Habitats League, and Planning and 

Conservation League, no land 

development would be allowed within 

approximately 93,522 acres of Covered 

Lands, including the approximately 

37,100-acre Tunis and Winters ridge 

area, which is designated as the Condor 

Study Area under the plan and is the 

area of the ranch most likely to be 

frequented by condors. An additional 

23,001 acres would be preserved as 

open space within the Tejon Mountain 

Village planning area, resulting in the 

permanent conservation of 

approximately 82 percent of the 

Covered Lands (MSHCP Mitigation 

Lands). Upon initiation of construction 

of the Tejon Mountain Village 

development, the MSCHP requires that 

the MSHCP Mitigation Lands be 

permanently protected by phased 

recordation of conservation easements 

or equivalent legal restrictions over all 

such lands by the end of the permit 

term. The MSCHP also requires 

implementation of general and speciesspecific take avoidance, minimization 

and mitigation measures to reduce 

potential impacts to the covered species. 

With regard to the California condor, the 

plan requires the ongoing monitoring of 

covered activities by a qualified 

biologist to reduce the potential for any 

human/condor interactions and the 

permanent enforcement of covenants, 

conditions and restrictions on 

residential development to minimize 

any impacts to condors. The plan also 

provides funding for condor capture, 

care and relocation in the unlikely event 

that a condor becomes habituated to 

human activities and includes a 

6052 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 

supplemental feeding program for 

condors. No lethal take of condors 

would be authorized under the permit. 

National Environmental Policy Act 

Compliance 

The Service’s proposed issuance of an 

incidental take permit is a federal action 

and triggers the need for compliance 

with the National Environmental Policy 

Act (NEPA). The Service has prepared a 

draft EIS that evaluates the impacts of 

proposed issuance of the permit and 

implementation of the MSHCP, and also 

evaluates the impacts of a reasonable 

range of alternatives. 

The draft EIS analyzes three 

alternatives in addition to the proposed 

MSHCP, summarized above. The 

Service has identified the proposed 

MSHCP as the Preferred Alternative. 

Additional alternatives are described 

below. 

No Action/No MSHCP Alternative: 

The No Action/No MSHCP Alternative 

allows for development in areas where 

the Service believes that no take of 

federally listed species is likely to occur 

and thus no ITP is required. The No 

Action/No MSHCP Alternative generally 

includes ongoing Ranch uses as well as 

development of the Covered Lands that 

could occur consistent with the Kern 

County General Plan—Land Use 

Designations on the approximately 

56,922 acres of the Covered Lands that 

are outside of the CSA and a two-mile 

buffer area around the CSA. This 

Alternative provides for development of 

up to 5,897 residential units and 

6,512,200 square feet of commercial 

space. 

Condor HCP Alternative: The Condor 

HCP Alternative would result in the 

issuance of an ITP covering only the 

California condor. No development 

would occur within the CSA for the 50- 

year term of the ITP, but permanent 

conservation easements would not be 

recorded within the CSA or elsewhere 

within the Covered Lands. This 

alternative would not include the 

comprehensive protective measures that 

would apply to all of the Covered 

Species in the Proposed MSHCP 

Alternative. The Condor HCP 

Alternative would include the same 

type and density of development within 

the Tejon Mountain Village Plan area 

and Lebec/Headquarters area as is 

included in the Proposed MSHCP 

Alternative, but would also include 

development consistent with the Kern 

County General Plan—Land Use 

Designations in all other portions of the 

Covered Lands except for the CSA. This 

Alternative provides for development of 

up to 7,100 residential units and 

4,940,710 square feet of commercial 

space development. 

MSHCP General Plan Buildout 

Alternative: The MSHCP General Plan 

Buildout Alternative would include 

issuance of an ITP for the five federally 

listed species identified above. 

Development in the locations, densities 

and intensities allowed under the 

current Kern County General Plan— 

Land Use Designations would be 

covered, except that no development 

would be allowed in the CSA during the 

term of the ITP. This Alternative 

provides for development of up to 8,752 

residential units and 6,762,690 square 

feet of commercial space development. 

Public Comments 

If you wish to comment on the permit 

application, draft MSHCP, draft IA, or 

draft EIS, you may submit your 

comments to the address listed in the 

ADDRESSES section of this document. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

The Service will evaluate the 

application, associated documents, and 

comments submitted to them to prepare 

a final EIS. A permit decision will be 

made no sooner than 30 days after the 

publication of the final EIS and 

completion of the Record of Decision. 

This notice is provided pursuant to 

section 10(a) of the Act and pursuant to 

implementing regulations for NEPA (40 

CFR 1506.6). 

Dated: January 29, 2009. 

Ken McDermond, 

Deputy Regional Director, California and 

Nevada Region, Sacramento, California. 

[FR Doc. E9–2303 Filed 2–3–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–EA–2009–N0009]; [97600–9792– 

0000–5d] 

Sport Fishing and Boating Partnership 

Council 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of teleconference. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce a public 

teleconference of the Sport Fishing and 

Boating Partnership Council (Council). 

DATES: We will hold the teleconference 

on Monday, February 23, 2009, 2–3 p.m. 

(Eastern time). If you wish to listen to 

the teleconference proceedings or 

submit written material for the Council 

to consider during the teleconference, 

notify Douglas Hobbs by Friday, 

February 13, 2009. If you wish to submit 

a written statement for Council 

consideration during the teleconference, 

we must receive it no later than 

February 16, 2009. See instructions 

under SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Hobbs, Council Coordinator, 

4401 N. Fairfax Dr., Mailstop 3103– 

AEA, Arlington, VA 22203; (703) 358– 

2336 (phone); (703) 358–2548 (fax), or 

doug_hobbs@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the requirements 

of the Federal Advisory Committee Act, 

5 U.S.C. App., we give notice that the 

Council will hold a teleconference on 

Monday, February 23, 2009, from 2 to 3 

p.m. 

The Council was formed in January 

1993 to advise the Secretary of the 

Interior, through the Director of the U.S. 

Fish and Wildlife Service, on nationally 

significant recreational fishing, boating, 

and aquatic resource conservation 

issues. The Council represents the 

interests of the public and private 

sectors of the sport fishing, boating, and 

conservation communities and is 

organized to enhance partnerships 

among industry, constituency groups, 

and government. The 18-member 

Council, appointed by the Secretary of 

the Interior, includes the Service 

Director and the president of the 

Association of Fish and Wildlife 

Agencies, who both serve in ex officio 

capacities. Other Council members are 

directors from State agencies 

responsible for managing recreational 

fish and wildlife resources and 

individuals who represent the interests 

of saltwater and freshwater recreational 

fishing, recreational boating, the 

recreational fishing and boating 

industries, recreational fisheries 

resource conservation, Native American 

tribes, aquatic resource outreach and 

education, and tourism. Background 

information on the Council is available 

at http://www.fws.gov/sfbpc. 

The Council will convene to: (1) 

Approve recommendations to the 

Director of the Fish and Wildlife Service 

for funding Fiscal Year 2009 Boating