[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Notices]
[Pages 55652-55653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28348]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of Draft Environmental Assessment, Receipt of 
Application for, and Intent To Issue, Incidental Take Permit for 
Development of Eight Residential Lots in Panguitch, Garfield County, UT

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability, receipt of application for, and intent 
to issue permit.

-----------------------------------------------------------------------

SUMMARY: Jose Noriega, Sam Zitting, and Phillip Finch have applied to 
the 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 
(Act). The Applicants have been assigned permit number PRT-835638. The 
requested permit, which is for a period of 20 years, would authorize 
incidental take of the threatened Utah Prairie Dog (Cynomys parvidens). 
The proposed take would occur as a result of development of eight 
residential lots totaling 3.11 acres of privately-owned property 
located immediately south of Panguitch, Garfield County, Utah.
    The Service has prepared the Environmental Assessment for issuance 
of the incidental take permit. The Applicants have prepared a habitat 
conservation plan as part of the incidental take permit application. A 
determination of whether jeopardy to the species will occur, or a 
Finding of No Significant Impact (FONSI), and/or issuance of the 
incidental take permit, will not be made before 30 days from the date 
of publication of this notice. This notice is provided pursuant to 
section 10<Copyright> of the Act and National Environmental Policy Act 
regulations (40 CFR 1506.6).

DATES: Written comments on the permit application must be received on 
or before November 26, 1997.

ADDRESSES: Persons wishing to review the permit application may obtain 
a copy by writing to the Assistant Field Supervisor, Utah Ecological 
Services Field Office, U.S. Fish and Wildlife Service, 145 East 1300 
South Street, Suite 404, Salt Lake City, Utah 84115. Documents will be 
available for public

[[Page 55653]]

inspection by written request, or by appointment only, during business 
hours (8:00 a.m. to 4:30 p.m.) at the above address.
    Written data or comments concerning the permit application should 
be submitted to the Assistant Field Supervisor, Utah Ecological 
Services Field Office, U.S. Fish and Wildlife Service, Salt Lake City, 
Utah (see ADDRESSES above). Please refer to permit number PRT-835638 in 
all correspondence regarding these documents.

FOR FURTHER INFORMATION CONTACT:
Assistant Field Supervisor or Marilet A. Zablan, Wildlife Biologist, at 
the above U.S. Fish and Wildlife Service office in Salt Lake City, Utah 
(see ADDRESSES above) (telephone: (801) 524-5001, facsimile: (801) 524-
5021).

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

Applicants

    The Applicants plan to develop eight residential lots totaling 3.11 
acres, located in section 32 in Township 34 South, Range 5 West, Salt 
Lake Base and Meridian, immediately south of Panguitch, Garfield 
County, Utah. Development is planned to include homes, garages, 
landscaping, streets, driveways, and installation of associated 
infrastructure such as natural gas, sewer, water, electrical power, and 
telephone service. The construction will impact 3.11 acres of Utah 
Prairie Dog habitat, and the Applicants foresee an incidental take of a 
maximum of 12 Utah Prairie Dogs through trapping and relocation and as 
a result of direct mortality during construction. The Applicants 
propose to compensate for this habitat loss by payment of $900 per acre 
for each acre developed, to be used for public land management actions 
for Utah Prairie Dog conservation and to implement recovery actions for 
conservation of the Utah Prairie Dog, through contribution to the Utah 
Prairie Dog Conservation Fund. Part or all of this mitigation fee may 
be paid for through Service-approved in-kind Utah Prairie Dog habitat 
improvement work by the Applicants.
    A no-action alternative to the proposed action was considered, 
consisting of foregoing the development of the eight lots totaling 3.11 
acres of Utah Prairie Dog habitat. The no-action alternative was 
rejected for reasons including loss of use of the private property, 
resulting in significant economic loss to the Applicants.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.) and the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et. seq.).

    Dated: October 20, 1997.
Ralph O. Morgenweck,
Regional Director, Region 6, Denver, Colorado.
[FR Doc. 97-28348 Filed 10-24-97; 8:45 am]
BILLING CODE 4310-55-M