[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

[[Page 7795]]

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