61140 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

Dated: November 7, 1997.

Mary Ellen Amtower,

Acting Chief, Branch of Permits, Office of

Management Authority.

[FR Doc. 97–29918 Filed 11–13–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Receipt of an Application From the

County of San Diego, California, for an

Incidental Take Permit

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: The County of San Diego,

California (County), has applied to the

Fish and Wildlife Service for a 50-year

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

the Endangered Species Act (Act) to

incidentally take up to 85 species. Take

would occur in conjunction with urban

growth within the southern coastal

portion of the County. The application

includes the County of San Diego

Subarea Plan (Subarea Plan) and an

Implementing Agreement, both of which

were prepared in accordance with the

regional Multiple Species Conservation

Program (MSCP). The Subarea Plan

would provide for the incidental take of

species listed under the Act and those

that may be listed in the future. The

County’s planning area includes

approximately 252,132 acres of

unincorporated land. The Subarea Plan

addresses 85 sensitive plant and animal

species and their habitats, and creates a

process for the issuance of permits and

other authorizations under the Federal

and California Endangered Species Acts,

and the California Natural Community

Conservation Planning Act. The

County’s Subarea Plan and

Implementing Agreement are available

for public review and comment. The

Service specifically requests comment

on the appropriateness of the ‘‘No

Surprises’’ assurances contained in

section 9 of the Implementing

Agreement.

DATES: Written comments on the permit

application should be received on or

before December 15, 1997.

ADDRESSES: Comments should be

addressed to Mr. Gail Kobetich, Field

Supervisor, Carlsbad Fish and Wildlife

Office, 2730 Loker Avenue West,

Carlsbad, California 92008. Written

comments may be sent by facsimile to

(760) 431–9618.

FOR FURTHER INFORMATION CONTACT: Ms.

Sherry Barrett, Assistant Field

Supervisor, at the above Carlsbad

address; telephone (760) 431–9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

Persons wishing to obtain copies of

the documents or additional background

material should contact the County of

San Diego, Department of Planning and

Land Use, 5201 Ruffin Road, Suite B,

Mail Station 0650, San Diego, California

92123; telephone (619) 260–8316.

Documents will be available for public

inspection, by appointment, during

normal business hours (8 a.m. to 12 p.m.

and 1 p.m. to 5 p.m.), Monday through

Friday, at the above County office and

at the Carlsbad Fish and Wildlife Office

(see ADDRESSES).

Background

Under section 9 of the Act and its

implementing regulations, the take of

wildlife species listed as threatened or

endangered is prohibited. The term

‘‘take’’ means to harass, harm, pursue,

hunt, shoot, wound, kill, trap, capture,

collect, or attempting to engage in any

such conduct. Harm is further defined

to include significant habitat

modification or degradation that results

in death or injury to listed species by

significantly impairing essential

behavior patterns, including breeding,

feeding, or sheltering. Under limited

circumstances, the Service may issue

permits to take listed wildlife if such

taking is incidental to, and not the

purpose of, otherwise lawful activities.

The taking prohibitions of the Act do

not apply to listed plants on private

lands unless such take is in violation of

trespass law or would violate State law.

Regulations governing permits for

endangered and threatened species are

in 50 CFR 17.22 and 17.32. Under

section 10(a)(1)(B) of the Act, the

Service may issue incidental take

permits for listed species with an

approved conservation plan. Among

other criteria, issuance of such permits

must not jeopardize the continued

existence of listed plant and animal

species.

The MSCP Plan is a regional habitat

conservation plan that includes 12 local

jurisdictions. Each jurisdiction is

expected to apply for incidental take

permits in conjunction with finalization

of a subarea plan that is consistent with

the regional MSCP Plan. The cities of

San Diego and Poway finalized their

subarea plans and received take

authorizations under the MSCP on July

18, 1997, and July 19, 1996,

respectively. The City of La Mesa has

submitted an application, subarea plan,

environmental assessment, and

implementing agreement for which a 30-

day public review period was

announced in the Federal Register on

October 31, 1997 (62 FR 58976). The

County of San Diego submitted an

application with its Subarea Plan and

Implementing Agreement on November

6, 1997.

The regional MSCP Plan covers an

approximately 900-square-mile area

(580,000 acres) in southwestern San

Diego County. Under the MSCP Plan,

approximately 171,917 acres of vacant

land, including 167,667 acres of wildlife

habitat, will be preserved and managed

within a designated area referred to as

the Multiple Habitat Planning Area.

Nearly half of the MSCP planning area

is within the County of San Diego

Subarea. Approximately 73 percent

(184,248 acres) of the County Subarea

provides habitat for native plants and

wildlife, whereas the remaining 27

percent is disturbed, developed, or

agricultural land. Of the existing habitat

in the County Subarea, approximately

55 percent (101,268 acres) is expected to

be preserved under the Subarea Plan, in

a manner consistent with the regional

MSCP Plan.

The Subarea Plan is divided into three

segments: the Lake Hodges segment, the

Southern segment, and the MetroLakeside-Jamul segment. The Lake

Hodges and Southern segments include

projects where development and

preserve boundaries have been

determined and delineated in the

Subarea Plan. Several major and minor

amendment areas have been designated

in these segments. Take for species

within these amendment areas would

only be authorized after they have

become part of the Subarea Plan through

the appropriate amendment process.

The Metro-Lakeside-Jamul segment is

composed of lands where preserve

boundaries will be determined in the

future based upon standards, goals, and

criteria described in the Subarea Plan

and in the County’s Biological

Mitigation Ordinance.

Environmental Documentation

To ensure compliance with the

National Environmental Policy Act and

the California Environmental Policy

Act, in January, 1997, the Service (lead

Federal Agency) and the City of San

Diego (lead local agency) completed a

final Environmental Impact Report/

Statement on the MSCP Plan and draft

subarea plans. This culminated a 2-year

period during which the Service

complied with scoping and public

notice requirements, providing

extensive opportunity for public

comment on the MSCP Plan, draft

subarea plans, template implementing
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61141

agreements, and the draft

Environmental Impact Report/Statement

(60 FR 12246, 60 FR 25734, 60 FR

32990, 61 FR 45983, 61 FR 54675, 62 FR

14938). No further environmental

documentation is necessary for the

County Subarea Plan because it has not

changed significantly since finalization

of the Environmental Impact Report/

Statement.

Five project alternatives were

analyzed in the final Environmental

Impact Report/Statement: (1) proposed

project alternative (approve and

implement the MSCP Plan that would

establish a preserve within the MultiHabitat Planning Area; (2) no project/no

action alternative; (3) coastal sage scrub

alternative; (4) biologically preferred

alternative; and (5) public lands

alternative. Each alternative was

evaluated for its potential to result in

significant adverse environmental

impacts and the adequacy or

inadequacy of the proposed measures to

avoid, minimize, and substantially

reduce and mitigate such negative

effects.

The preferred alternative analyzed by

the Service was approval of the MSCP

Plan and issuance of incidental take

permits with the mitigating,

minimizing, and monitoring measures

outlined in the proposed project

alternative. The underlying goal of the

preferred alternative is to implement

ecosystem-based conservation measures

aimed at the protection of multiple

vegetation types on a regional scale,

while accommodating compatible

development. The MSCP plan is

expected to result in the

implementation of a comprehensive

preserve strategy for coastal sage scrub

and related vegetation types in the

planning area, that is expected to

provide long-term benefits to the 85

covered species and their habitats.

The Service will evaluate the permit

application from the County of San

Diego, associated documents, and

comments submitted thereon to

determine whether the application

meets the requirements of the Act. A

final decision on permit issuance will

be made no sooner than 30 days from

the date of this notice.

Authority

This notice is provided pursuant to

section 10(c) of the Endangered Species

Act of 1973, as amended, and Service

regulations for implementing the

National Environmental Policy Act (40

CFR 1506.6). All comments received

will become part of the public record

and may be released.

Dated: November 6, 1997.

John H. Doebel,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 97–29967 Filed 11–13–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Tribal Liquor Ordinance for the Kaibab

Band of Paiute Indians of the Kaibab

Indian Reservation of Arizona

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This Notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary—Indian Affairs by

209 DM 8, and in accordance with the

Act of August 15, 1953 , 67 Stat. 586,

18 U.S.C. § 1161. I certify that

Ordinance No. 15, Tribal Liquor

Ordinance for the Kaibab Band of Paiute

Indians of the Kaibab Indian

Reservation of Arizona, was duly

adopted and certified by the Kaibab

Paiute Tribal Council on October 5,

1996. The Ordinance provides for the

regulation of the sale, possession and

consumption of liquor in the area of the

Kaibab Indian Reservation, under the

jurisdiction of the Kaibab Band of Paiute

Indians, and is in conformity with the

laws of the State of Arizona.

DATES: This Ordinance is effective

November 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, Division of Tribal

Government Services, 1849 C Street

NW, MS 4603–MIB, Washington, D.C.

20240–4001; telephone (202) 208–3463.

SUPPLEMENTARY INFORMATION: The Tribal

Liquor Ordinance for the Kaibab Band

of Paiute Indians is to read as follows:

Tribal Liquor Ordinance for the Kaibab

Band of Paiute Indians of the Kaibab

Indian Reservation of Arizona

Section 1–10–010: Legislative Control

Federal law currently prohibits the

introduction of liquor into Indian

country and expressly delegates to tribes

the decision regarding when and to

what extent liquor transactions shall be

permitted on their reservations. The

Kaibab Band of Paiute Indians (herein,

the ‘‘Tribe’’) has decided to open certain

lands described below within its

jurisdiction to the possession,

consumption and sale of liquor by

enacting this Ordinance, which is

adopted pursuant to the Act of August

15, 1953 (Pub. L. 83–277, 67 Stat. 588,

18 U.S.C. § 1161) and shall serve as the

‘‘Liquor Ordinance’’ referenced herein.

The lands which are open to the sale,

possession, and consumption of

alcoholic beverages shall be only

commercial establishments in which the

Tribe owns a controlling interest and

which are located on the Reservation;

provided that any Tribal convenience

store shall only be open to sale and

possession, but not consumption, of

alcoholic beverages.

Section I–10–020: Control Desired

This Ordinance shall govern all liquor

sales and distribution on the

reservation, will increase the ability of

the Tribe to control reservation liquor

distribution and possession, and will

provide an additional source of revenue

for tribal operations.

Section I–10–030: Goals of Regulation

Tribal regulation of the sale,

possession, and consumption of liquor

on the reservation is necessary to

protect the health, security, and general

welfare of the Tribe, and to address

tribal concerns relating to alcohol use

on the reservation. In order to further

these goals and to provide an additional

source of governmental revenue, the

Tribe has adopted this Ordinance,

which shall be liberally construed to

fulfill the purposes for which it has

been adopted. This Ordinance is

authorized by the Preamble and Article

VI, Section I (a), (b), (c), (d), (e), (h), (j),

and (k) and Section 2 (e) of the

Constitution and By-laws of the Tribe

which provide, among other things, that

the Tribal Council shall have the power

‘‘to promulgate ordinances and

resolutions to promote and protect the

peace, health, education, safety and

welfare of the band, its members and all

other persons within its jurisdiction.

Section 1–20–010: Definitions of Words

As used in This Ordinance, the

following words shall have the

following meanings unless the context

clearly requires otherwise:

(a) ‘‘Alcohol’’ means that substance

known as ethyl alcohol, hydrated oxide

of ethyl, or spirit of wine which is

commonly produced by the

fermentation or distillation of grain,

starch, molasses, or sugar, or other

substances including all dilutions and

mixtures of this substance.

(b) ‘‘Alcoholic Beverage’’ is

synonymous with the term ‘‘liquor’’ as

defined at Section 1–20–010(d) hereof.

(c) ‘‘Beer’’ means any beverage

obtained by the fermentation or infusion

or decoction of pure hops, or pure

extract of hops and pure barley malt or

other wholesome grain or cereal in