16554 Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Notices 

Permit TE–64115A 

Applicant: Bureau of Land Management, 

Yuma, Arizona. 

Applicant requests a new permit for 

research and recovery purposes to 

conduct presence/absence surveys for 

Yuma clapper rail (Rallus longirostris 

yumanensis) within Arizona. 

Permit TE–64595A 

Applicant: Gulf South Research 

Corporation, Baton Rouge, Louisiana. 

Applicant requests a new permit for 

research and recovery purposes to 

collect genetic material from Sneed 

Pincushion cactus (Coryphantha sneedii 

sneedii) and Lee Pincushion cactus 

(Coryphantha sneedii leei) within New 

Mexico and Texas. 

Permit TE–64968A 

Applicant: Apex Companies, LLC, 

Oklahoma City, Oklahoma. 

Applicant requests a new permit for 

research and recovery purposes to 

conduct presence/absence surveys, bait 

aways, trapping and relocation of 

American burying beetle (Nicrophorus 

americaus) within Oklahoma, Texas, 

South Dakota, Nebraska, Kansas, and 

Arkansas. 

Permit TE–841353 

Applicant: Loomis Partners, Inc., 

Austin, Texas. 

Applicant requests an amendment to 

a current permit for capture, removal, 

and release of Houston Toad (Bufo 

houstonensis) related to FEMA 

operations within Bastrop County, 

Texas. 

Permit TE–227185 

Applicant: Andrew Eastty, San Diego, 

California. 

Applicant requests an amendment to 

a current permit for research and 

recovery purposes to conduct presence/ 

absence surveys of southwestern willow 

flycatcher (Empidonax traillii extimus) 

within Arizona, New Mexico, and 

Texas. 

Permit TE–144755 

Applicant: Reagan Smith Energy 

Solutions, Inc., Oklahoma City, 

Oklahoma. 

Applicant requests an amendment to 

a current permit for research and 

recovery purposes to conduct presence/ 

absence surveys, mist netting, and 

trapping for gray bat (Myotis grisescens) 

and Indiana bat (Myotis sodalis) within 

Arkansas, Texas, Louisiana, Alabama, 

Mississippi, Kentucky, Florida, South 

Carolina, Georgia, Oklahoma, North 

Carolina, and Tennessee. 

Permit TE–800611 

Applicant: SWCA Environmental 

Consultants, San Antonio, Texas. 

Applicant requests an amendment to 

a current permit for capture, removal, 

and release of Houston Toad (Bufo 

houstonensis) related to FEMA 

operations within Bastrop County, 

Texas. 

Permit TE–66060A 

Applicant: Janine A. Spencer, Tucson, 

Arizona. 

Applicant requests a new permit for 

research and recovery purposes to 

conduct presence/absence surveys for 

southwestern willow flycatcher 

(Empidonax traillii extimus) within 

Arizona. 

Permit TE–840214 

Applicant: Luminant Power, Dallas, 

Texas. 

Applicant requests an amendment to 

a current permit for research and 

recovery purposes to conduct presence/ 

absence surveys of interior least tern 

(Sterna antillarum) at Turlington Mine 

(Freestone County), Kossee Mine 

(Robertson and Limestone Counties), 

and Bremond Mine (Robertson County) 

within Texas. 

Permit TE–65178A 

Applicant: Jennifer L. Reidy, Columbia, 

Missouri. 

Applicant requests a new permit for 

research and recovery purposes to 

conduct presence/absence surveys, 

point counts, nest searches, nest 

monitoring, mist netting, and banding of 

golden-cheeked warbler (Dendroica 

chrysoparia) within Texas. 

Permit TE–66055A 

Applicant: The Navajo Nation dba The 

Navajo Nation Zoological & Botanical 

Park, Window Rock, Arizona. 

Applicant requests a new permit for 

research and recovery purposes to hold 

and exhibit Razorback sucker 

(Xyrauchen texanus), and Colorado 

pikeminnow (Ptychocheilus lucius) at 

the zoo in Arizona. 

Permit TE–821577 

Applicant: Arizona Game and Fish 

Department, Phoenix, Arizona. 

Applicant requests an amendment to 

a current permit for research and 

recovery purposes to conduct presence/ 

absence surveys of loach minnow 

(Tiaroga cobitis) and spikedace (Meda 

fulgida) in Arizona. 

Permit TE–815409 

Applicant: New Mexico Department of 

Game and Fish, Santa Fe, New 

Mexico. 

Applicant requests an amendment to 

a current permit for research and 

recovery purposes to conduct presence/ 

absence surveys of loach minnow 

(Tiaroga cobitis) and spikedace (Meda 

fulgida) in New Mexico. 

National Environmental Policy Act 

(NEPA) 

In compliance with NEPA (42 U.S.C. 

4321 et seq.), we have made an initial 

determination that the proposed 

activities in these permits are 

categorically excluded from the 

requirement to prepare an 

environmental assessment or 

environmental impact statement (516 

DM 6 Appendix 1, 1.4C(1)). 

Public Availability of Comments 

All comments and materials we 

receive in response to this request will 

be available for public inspection, by 

appointment, during normal business 

hours at the address listed in the 

ADDRESSES section of this notice. 

Before including your address, phone 

number, email 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 can 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. 

Authority: We provide this notice under 

section 10 of the Act (16 U.S.C. 1531 et seq.) 

Dated: March 13, 2012. 

Joy E. Nicholopoulos, 

Acting Regional Director, Southwest Region. 

[FR Doc. 2012–6777 Filed 3–20–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2012–N057: 40120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Receipt of Applications for 

Incidental Take Permits; Availability of 

Proposed Low-Effect Habitat 

Conservation Plan and Associated 

Documents; Sarasota County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 


erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Notices 16555 

ACTION: Notice of availability; request 

for comment/information. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce the 

availability of incidental take permit 

(ITP) applications and a Habitat 

Conservation Plan (HCP). Walter and 

Marilyn Krieseder, Brian and Pamela 

Sullivan, and Fritz and Ping Faulhaber 

(applicants) request ITPs under the 

Endangered Species Act of 1973, as 

amended (Act). The applicants 

anticipate taking approximately 0.43 

acres of nesting habitat of endangered 

and threatened sea turtle species in 

Sarasota County, Florida, for the 

construction of a shoreline armoring 

structure. The applicants’ HCP describes 

the minimization and mitigation 

measures proposed to address the 

effects of the project on nesting sea 

turtles. 

DATES: Written comments on the ITP 

applications and HCP should be sent to 

the South Florida Ecological Services 

Office (see ADDRESSES) and should be 

received on or before April 20, 2012. 

ADDRESSES: You may request documents 

by email, U.S. mail, or fax (see below). 

These documents are also available for 

public inspection by appointment 

during normal business hours at the 

office below. Send your comments or 

requests by any one of the following 

methods. 

Email: Trish_Adams@fws.gov. Use 

‘‘Attn: Permit numbers TE65165A–0, 

TE65167A–0, and TE65168A–0’’ as your 

message subject line. 

Fax: Trish Adams, (772) 562–4288, 

Attn: Permit numbers TE65165A–0, 

TE65167A–0, and TE65168A–0. 

U.S. mail: Trish Adams, HCP 

Coordinator, South Florida Ecological 

Services Field Office, Attn: Permit 

numbers TE65165A–0, TE65167A–0, 

and TE65168A–0, U.S. Fish and 

Wildlife Service, 1339 20th Street, Vero 

Beach, FL 32960–3559. 

In-person drop-off: You may drop off 

information during regular business 

hours at the above office address. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Trish Adams, HCP Coordinator, South 

Florida Ecological Services Office, Vero 

Beach, Florida (see ADDRESSES); 

telephone: 772–562–3909, extension 

232. 

SUPPLEMENTARY INFORMATION: The 

applicants anticipate taking beach 

nesting habitat of the threatened 

loggerhead sea turtle (Caretta caretta), 

endangered leatherback sea turtle 

(Dermochelys coriacea), endangered 

green sea turtle (Chelonia mydas), 

endangered hawksbill sea turtle 

(Eretmochelys imbricata), and 

endangered Kemp’s ridley sea turtle 

(Lepidochelys kempii) in Sarasota 

County, Florida. The Service listed both 

the leatherback and hawksbill sea turtle 

as endangered on June 2, 1970 (35 FR 

8491), and the Kemp’s Ridley sea turtle 

as endangered on December 2, 1970 (35 

FR 18320). The Service listed the 

loggerhead as threatened and the green 

sea turtle as endangered in the same 

final rule, on July 28, 1978 (43 FR 

32800). 

Applicants’ Proposed Project 

We have received applications for 

incidental take permits, along with a 

proposed habitat conservation plan. The 

applicants request 5-year permits under 

section 10(a)(1)(B) of the Act (87 Stat. 

884; 16 U.S.C. 1531 et seq.). If we 

approve the permits, the applicants 

anticipate taking a total of 0.43 acres of 

sea turtle nesting habitat for the 

installation of a geotextile dune core 

system (an engineered dune feature 

constructed with tiered sand-filled 

geotextile containers as its core that is 

regularly maintained with 3 feet of 

beach compatible sand), dune 

crossovers (a stairway over the 

engineered dune to the beach), and 

native vegetation; post-construction 

maintenance throughout the life of the 

project (e.g., ongoing placement and 

regular maintenance of sand cover); and 

response to Emergency Management 

Events (e.g., events triggered by 

exposure or less than 3 feet of sand 

cover over the core). The project is 

located at latitude 27.1563, longitude 

–82.4848, Sarasota County, Florida. The 

project includes Sarasota County Parcels 

0159–25–0006, 0159–24–0003, and 

0159–24–0001. Parts of these parcels 

include sea turtle nesting habitat. 

The applicants propose to mitigate for 

potential take of sea turtles as a result 

of the project through implementation 

of a predator control program. The 

applicants will contract with the U.S. 

Department of Agriculture to implement 

a trap and removal program targeting 

raccoons; this program would begin 

during the first nesting season post ITP 

issuance. The applicants’ ability to 

financially cover the costs of 

implementing the HCP—such as 

mitigation, sea turtle monitoring, 

physical monitoring, maintenance of 

sand coverage, and removal of the dune 

core container system—are assured by: 

(a) Funds that will be placed annually 

in an escrow managed by the Coastal 

Engineer of Record (CEOR) in an 

amount equal to the estimated costs of 

mitigation, sea turtle monitoring, HCP 

Coordinator, and physical monitoring; 

and (b) a Financial Assurance 

Agreement between applicants, the 

State of Florida, and Sarasota County 

that is guaranteed by a major financial 

institution(s) in accordance with 

Chapter 62B–56.090 F.A.C. 

All annual fees are to be paid into an 

escrow account managed by the CEOR. 

The account will be managed in 

accordance with a Joint Maintenance 

Agreement signed by each applicant. 

Approximately $243,900 has been 

committed for physical and biological 

monitoring, sand placement 

construction, and mitigation over the 

course of the requested 5-year permit. In 

addition, $122,500 has been committed 

for anticipated removal/restoration costs 

for the entire project, including the 

small portion of the dune core system 

located on the Crouse (2315 Cay Key 

Road) and Meekison (2207 Casey Key 

Road) properties, to tie into the seawalls 

on these properties. 

Our Preliminary Determination 

The Service has made a preliminary 

determination that the applicants’ 

project, including the proposed 

minimization and mitigation measures, 

will individually and cumulatively have 

a minor or negligible effect on the 

species covered in the HCP. Therefore, 

issuance of the ITPs is a ‘‘low-effect’’ 

action and qualifies as a categorical 

exclusion under the National 

Environmental Policy Act (NEPA) (40 

CFR 1506.6), as provided by the 

Department of the Interior Manual (516 

DM 2 Appendix 1 and 516 DM 6 

Appendix 1), and as defined in our 

Habitat Conservation Planning 

Handbook (November 1996). 

We base our determination that 

issuance of the ITPs qualifies as a loweffect action on the following three 

criteria: (1) Implementation of the 

project would result in minor or 

negligible effects on federally listed, 

proposed, and candidate species and 

their habitats; (2) Implementation of the 

project would result in minor or 

negligible effects on other 

environmental values or resources; and 

(3) Impacts of the project, considered 

together with the impacts of other past, 

present, and reasonably foreseeable 

similarly situated projects, would not 

result, over time, in cumulative effects 

to environmental values or resources 

that would be considered significant. As 

more fully explained in our 

environmental action statement and 

associated Low-Effect Screening Form, 

the applicants’ proposed project 

qualifies as a ‘‘low-effect’’ project. This 

preliminary determination may be 

revised based on our review of public 

comments that we receive in response to 

this notice. 


erowe on DSK2VPTVN1PROD with NOTICES
16556 Federal Register / Vol. 77, No. 55 / Wednesday, March 21, 2012 / Notices 

Next Steps 

The Service will evaluate the HCP 

and comments received to determine 

whether the applications meet the 

requirements of section 10(a) of the Act. 

The Service will also evaluate whether 

issuance of the section 10(a)(1)(B) ITPs 

complies with section 7 of the Act by 

conducting an intra-Service section 7 

consultation. The results of this 

consultation, in combination with the 

above findings, will be used in the final 

analysis to determine whether or not to 

issue the ITPs. If it is determined that 

the requirements of the Act are met, the 

ITPs will be issued for the incidental 

take of loggerhead, green, leatherback, 

hawksbill, and Kemp’s Ridley sea 

turtles. 

Submitting Comments 

If you wish to submit comments or 

information, you may do so by any one 

of several methods. Please reference 

permit numbers TE65165A–0, 

TE65167A–0, and TE65168A–0 in such 

comments. You may mail comments to 

the Service’s South Florida Ecological 

Services Office (see ADDRESSES). You 

may also submit comments via email to 

trish_adams@fws.gov. Please also 

include your name and return address 

in your email message. If you do not 

receive a confirmation from us that we 

have received your email message, 

contact us directly at the telephone 

number listed under FOR FURTHER

INFORMATION CONTACT. Finally, you may 

hand deliver comments to the Service 

office listed under ADDRESSES. 

Availability of Public Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comments, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can 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. 

Authority 

This notice is provided pursuant to 

Section 10 of the Act and NEPA 

regulations (40 CFR 1506.6). 

Dated: March 15, 2012. 

Larry Williams, 

Field Supervisor, South Florida Ecological 

Services Office. 

[FR Doc. 2012–6776 Filed 3–20–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–R–2012–N230; 1265–0000–10137– 

S3] 

Kootenai National Wildlife Refuge, 

Boundary County, ID; Final 

Comprehensive Conservation Plan and 

Finding of No Significant Impact for 

Environmental Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of our final comprehensive 

conservation plan (CCP) and finding of 

no significant impact for the 

environmental assessment for the 

Kootenai National Wildlife Refuge 

(NWR/refuge). In this final CCP, we 

describe how we will manage the refuge 

for the next 15 years. 

ADDRESSES: You may view or obtain 

copies of the final CCP and finding of 

no significant impact (FONSI) for the 

environmental assessment (EA) by any 

of the following methods. You may 

request a hard copy or CD–ROM. 

Agency Web Site: Download a copy of 

the document at http://www.fws.gov/ 

pacific/planning. 

Email: 

FW1PlanningComments@fws.gov. 

Include ‘‘Kootenai NWR FCCP/EA’’ in 

the subject line. 

Fax: Attn: Dianna Ellis, Refuge 

Manager, (208) 267–3888. 

U.S. Mail: Dianna Ellis, Refuge 

Manager, Kootenai National Wildlife 

Refuge, 287 Westside Road, Bonners 

Ferry, ID 83805. 

In-Person Viewing or Pickup: Call 

(208) 267–3888 to make an appointment 

during regular business hours at the 

above address. 

FOR FURTHER INFORMATION CONTACT: 

Dianna Ellis, Refuge Manager, (208) 

267–3888. 

SUPPLEMENTARY INFORMATION: 

Introduction 

With this notice, we announce the 

completion of the CCP process for 

Kootenai National Wildlife Refuge. The 

Service started this process through a 

notice of intent in the Federal Register 

(74 FR 8102; February 23, 2009). We 

released the draft CCP/EA to the public, 

announcing and requesting comments 

in a notice of availability in the Federal 

Register (76 FR 48877; August 9, 2011). 

Kootenai NWR encompasses 2,774 

acres along the lower Kootenai River in 

Boundary County, Idaho. Habitat types 

on the refuge include seasonal, 

semipermanent, and permanent 

wetlands; floodplain forests; coniferous 

forests; managed pastures; and 

croplands. The refuge was established 

under the Migratory Bird Conservation 

Act ‘‘for use as an inviolate sanctuary, 

or for any other management purpose, 

for migratory birds.’’ The refuge 

provides important habitat for 

waterbirds, migratory landbirds, and 

raptors; a variety of mammals including 

white-tailed deer, elk, and moose; and 

bull trout, which is listed as a 

threatened species under the Federal 

Endangered Species Act. 

We announce our CCP decision and 

the availability of a FONSI for Kootenai 

NWR in accordance with the National 

Wildlife Refuge System Administration 

Act of 1966 (16 U.S.C. 668dd–668ee) 

(Refuge Administration Act) and 

National Environmental Policy Act 

(NEPA) (40 CFR 1506.6(b)) 

requirements. We prepared an analysis 

of environmental impacts, which we 

included in an EA that accompanied the 

draft CCP. 

The CCP will guide us in managing 

and administering the refuges for the 

next 15 years. Alternative 2, as 

described in the draft CCP, is the basis 

for the final CCP. 

Background 

The Refuge Administration Act, as 

amended by the National Wildlife 

Refuge System Improvement Act of 

1997, requires us to develop a CCP for 

each national wildlife refuge. The 

purpose for developing a CCP is to 

provide refuge managers with a 15-year 

plan for achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife management, conservation, 

legal mandates, and our policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, CCPs identify compatible 

wildlife-dependent recreational 

opportunities available to the public, 

including opportunities for compatible 

hunting, fishing, wildlife observation 

and photography, and environmental 

education and interpretation. We will 

review and update the CCP at least 

every 15 years in accordance with the 

Refuge Administration Act. 

CCP Alternatives, Including Selected 

Alternative 

Our draft CCP/EA (76 FR 48877; 

August 9, 2011) discussed several 

issues. To address these, we developed 

and evaluated the following 

alternatives. 


erowe on DSK2VPTVN1PROD with NOTICES