Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53245 

ensure future management of acquired 

scrub-jay habitat. 

We have determined that the HCPs 

are low-effect plans that are 

categorically excluded from further 

NEPA analysis, and do not require the 

preparation of an EA or EIS. This 

preliminary information may be revised 

due to public comment received in 

response to this notice. Low-effect HCPs 

are those involving: (1) Minor or 

negligible effects on federally listed or 

candidate species and their habitats, 

and (2) minor or negligible effects on 

other environmental values or 

resources. Each of the Applicants’ HCPs 

qualifies for the following reasons: 

1. Approval of the HCP would result 

in minor or negligible effects on the 

Florida scrub-jay population as a whole. 

We do not anticipate significant direct 

or cumulative effects to the Florida 

scrub-jay population as a result of the 

construction projects. 

2. Approval of the HCP would not 

have adverse effects on known unique 

geographic, historic or cultural sites, or 

involve unique or unknown 

environmental risks. 

3. Approval of the HCP would not 

result in any significant adverse effects 

on public health or safety. 

4. The project does not require 

compliance with Executive Order 11988 

(Floodplain Management), Executive 

Order 11990 (Protection of Wetlands), or 

the Fish and Wildlife Coordination Act, 

nor does it threaten to violate a Federal, 

State, local or tribal law or requirement 

imposed for the protection of the 

environment. 

5. Approval of the Plan would not 

establish a precedent for future action or 

represent a decision in principle about 

future actions with potentially 

significant environmental effects. 

We have determined that issuance of 

each of these incidental take permits 

qualify as a categorical exclusion under 

the NEPA, as provided by the 

Department of the Interior Manual (516 

DM 2, Appendix 1 and 516 DM 6, 

Appendix 1). Therefore, no further 

NEPA documentation will be prepared. 

We will evaluate the HCPs and 

comments submitted thereon to 

determine whether the applications 

meet the requirements of section 10(a) 

of the Act. If it is determined that those 

requirements are met, the ITPs will be 

issued for the incidental take of the 

Florida scrub-jay. We will also evaluate 

whether issuance of the section 

10(a)(1)(B) ITPs comply with section 7 

of the Act by conducting an intraService 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. 

Dated: August 4, 2005. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. 05–17676 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Availability of an Environmental 

Assessment and Receipt of an 

Application for an Incidental Take 

Permit for Beach Driving and Related 

Activities in St. Johns County, FL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: St. Johns County (Applicant) 

is seeking an incidental take permit 

(ITP) from the Fish and Wildlife Service 

(Service) pursuant to Section 10(a)(1)(B) 

of the Endangered Species Act of 1973 

(Act), as amended. The Applicant 

anticipates that authorization of beach 

driving and related activities, over a 

requested permit term of 20 years, will 

result in the incidental taking of the 

endangered Anastasia Island beach 

mouse (Peromyscus polionotus 

phasma), leatherback sea turtle 

(Dermochelys coriacea), green sea turtle 

(Chelonia mydas), Kemp’s ridley sea 

turtle (Lepidochelys kempi), and 

hawksbill sea turtle (Eretmochelys 

imbricata), as well as the threatened 

loggerhead sea turtle (Caretta caretta). 

The anticipated taking of these federally 

listed species is incidental to otherwise 

legal vehicle operation on the beaches of 

St. Johns County, pursuant to the Beach 

and Shore Preservation Act of 1998, 

section 161.36, Florida Statutes. 

A description of the mitigation and 

minimization measures outlined in the 

Applicant’s Habitat Conservation Plan 

(HCP) to address the effects of the beach 

access and beach access-related 

activities on federally listed species is 

described further in the SUPPLEMENTARY

INFORMATION section below. The Service 

has made a preliminary determination 

that the issuance of the Permit is not a 

major Federal action significantly 

affecting the quality of the human 

environment within the meaning of 

section 102(2)(C) of NEPA. This 

preliminary information may be revised 

due to public comment received in 

response to this notice and is based on 

information contained in the 

Environmental Assessment (EA) and 

HCP. Copies of the HCP and EA may be 

obtained by making a request to the 

Regional Office (see ADDRESSES). 

Requests must be in writing to be 

processed. This Notice is provided 

pursuant to section 10 of the 

Endangered Species Act and NEPA 

regulations (40 CFR 1506.6). 

DATES: Written comments on the permit 

application, supporting documentation, 

EA and HCP should be sent to the 

Service’s Regional Office (see 

ADDRESSES) and should be received on 

or before November 7, 2005. 

ADDRESSES: Persons wishing to review 

the application, HCP, and EA may 

obtain a copy by writing the Service’s 

Southeast Regional Office, Atlanta, 

Georgia. Please reference permit number 

TE091980–0 in such requests. 

Documents will also be available for 

public inspection by appointment 

during normal business hours at the 

Regional Office, 1875 Century 

Boulevard, Suite 200, Atlanta, Georgia 

30345 (Attn: Endangered Species 

Permits), or Field Supervisor, U.S. Fish 

and Wildlife Service, 6620 Southpoint 

Drive South, Suite 310, Jacksonville, 

Florida 32216–0912. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Dell, Regional Permit 

Coordinator, (see ADDRESSES above), 

telephone: 404/679–7110; or Mr. 

Michael Jennings, Fish and Wildlife 

Biologist, Jacksonville Field Office, (see 

ADDRESSES above), telephone: 904/232–

2580, extension 113. 

SUPPLEMENTARY INFORMATION: If you 

wish to comment, you may submit 

comments by any one of several 

methods. Please reference permit 

number TE091980–0 in such comments. 

You may mail comments to the 

Service’s Regional Office (see 

ADDRESSES). You may also comment via 

the Internet to david_dell@fws.gov. 

Please submit comments over the 

internet as an ASCII file avoiding the 

use of special characters and any form 

of encryption. Please also include your 

name and return address in your 

internet message. If you do not receive 

a confirmation from the Service that we 

have received your internet message, 

contact us directly at either of the 

telephone numbers listed below (see 

FOR FURTHER INFORMATION CONTACT). 

Finally, you may hand deliver 

comments to either of the Service offices 

listed above (see ADDRESSES). Our 

practice is to make comments, including 

names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the administrative record. We will 

honor such requests to the extent 

allowable by law. There may also be 

53246 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

other circumstances in which we would 

withhold from the administrative record 

a respondent’s identity, as allowable by 

law. If you wish us to withhold your 

name and address, you must state this 

prominently at the beginning of your 

comments. We will not, however, 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Anastasia Island beach mice are 

restricted to 14 linear miles along the 

Atlantic Ocean coast of Anastasia 

Island, St. Johns County, Florida. They 

are found primarily at the southern (Fort 

Matanzas National Monument) and 

northern (Anastasia State Recreation 

Area) ends of the island, although low 

densities of beach mice probably remain 

along the entire length of the island 

where residential construction has 

reduced and fragmented coastal dunes. 

Physically, Anastasia Island beach mice 

are relatively large compared to other 

subspecies of beach mice. However, like 

most other subspecies, they prefer 

primary and secondary dune habitats 

composed of a variety of dunecolonizing vegetation. Beach mice 

typically live in burrows constructed in 

coastal sand dunes. They eat a variety 

of seeds, but appear to prefer sea oats 

(Uniola paniculata) and dune panic 

grass (Panicum amarum) along with 

small invertebrates. 

Three species of sea turtles nest on 

the beaches of St. Johns County. On 

average 268 loggerhead, eight green, and 

one leatherback sea turtles annually nest 

along St. Johns County’s 42 miles of 

coastline. Neither hawksbill or Kemp’s 

ridley turtles have been documented to 

nest in St. Johns County. 

While the mechanism remains largely 

unknown, nesting sea turtles return to 

their natal beaches when they are 

reproductively mature. Once a gravid 

female reaches her selected nesting 

beach, she hauls herself from the sea, 

crawls to an area above the mean high 

water line (in St. Johns County this is 

usually at the toe of the primary dune), 

excavates an egg chamber, deposits 80 

to135 eggs (the number depends on the 

species), covers the egg chamber, and 

returns to the sea. This process typically 

takes about one and a half hours and, 

except for the Kemp’s ridley, usually 

occurs at night. Loggerhead turtles nest 

from late April to mid September, green 

turtles from late May to mid September, 

and leatherback turtles from late 

February to July. Artificial lights, 

obstructions (e.g., groins, escarpments, 

beach furniture, and armoring 

structures), night-time human activity 

on nesting beaches, and predation are 

known or suspected to deter turtles from 

nesting. 

Sea turtle eggs incubate within the 

warm, moist egg chamber for 50 to 75 

days (depending on the species). 

Incubating eggs are vulnerable to 

crushing, drowning, or washout. Along 

St. Johns County’s coastline, trampling 

by humans and vehicles can crush sea 

turtle nests. Sea turtle eggs can 

withstand occasional inundation 

associated with spring tides, but 

repeated or long-duration inundation 

typically associated with storm events 

can drown eggs. During storm events, 

sea turtle nests are often washed out. 

Nests deposited between an armoring 

structure and the sea are more 

vulnerable to washout. 

After hatching, young sea turtles dig 

upward to the beach surface and 

immediately crawl toward the sea. 

Hatchling emergence typically occurs at 

night. Factors affecting the survival of 

hatchling sea turtles include 

compaction of sand on top of the egg 

chamber, predation, and disorientation 

due to artificial lighting. Pedestrian 

traffic and heavy equipment use may 

cause compaction of sand and create an 

impenetrable substrate for hatchling 

turtles that ultimately results in their 

death. Following successful emergence 

at the beach surface, hatchlings are 

vulnerable to terrestrial and aerial 

predators. Raccoons, domestic cats, 

ghost crabs, and a variety of sea birds 

often take hatchling sea turtles. Because 

hatchling sea turtles orient to ambient 

light reflected by the sea surface, 

artificial light sources can interfere with 

the ability of hatchlings to correctly 

orient towards the sea. Often, 

disoriented hatchlings are attracted 

towards the source of the artificial light 

and away from the sea. Disoriented 

hatchlings typically die from 

dessication, predation, or exhaustion. 

The Applicant authorizes beach 

driving for a variety of purposes, all of 

which are otherwise legal activities. 

Local public safety and/or operations 

staff, law enforcement and emergency 

response vehicles may operate on about 

41.1 linear miles of beach within St. 

Johns County, but the amount of vehicle 

traffic on county beaches resulting from 

these entities is relatively small 

compared with recreational traffic 

resulting from use by the general public. 

Vehicle traffic from the general public is 

limited to about 16.3 linear miles of 

beach. 

Authorized beach driving and beach 

driving-related activities may result in 

the incidental taking of the Anastasia 

Island beach mouse and the species of 

sea turtles described above. The 

Applicant anticipates harm or 

harassment of species covered by the 

HCP due to the following beach driving 

and beach driving related activities: (1) 

Public safety operations, such as those 

that are provided by lifeguards, 

emergency vehicles, and law 

enforcement vehicles; (2) public 

vehicular access; (3) routine beach 

maintenance and sanitation; (4) access 

ramp maintenance; (5) actions necessary 

to implement the terms and conditions 

of the ITP; (6) planned coastal 

construction projects properly permitted 

by local, State, and/or Federal 

regulatory agencies, such as seawall 

repairs, beach nourishment, dune 

restoration, and removal of windblown 

sand, where no reasonable upland 

alternative exists; (7) scientific 

monitoring and studies not covered 

under the original ITP; (8) emergency 

shoreline protection projects properly 

permitted by local, State, and/or Federal 

regulatory agencies; and (9) non-routine 

beach maintenance and sanitation, such 

as removal of hazardous materials, 

removal of storm-generated debris and/ 

or obstacles that pose a public health or 

safety risk and other atypical 

circumstances requiring beach access 

(e.g., boat groundings, downed aircraft, 

etc.). 

To minimize and mitigate the 

anticipated incidental take of species 

covered by the HCP, the Applicant 

proposes to implement a number of 

protective measures that will spatially 

and temporally reduce interactions 

between vehicles and sea turtles and 

their nests. The following actions are 

proposed by the Applicant: (1) Limit 

most public vehicle access to the beach 

from 8:00 a.m. to 8:00 p.m. daily from 

May 1 through October 31; (2) develop 

and implement a rut removal program; 

(3) develop and implement a public 

awareness program; (4) elevate trash 

receptacles; (5) expand existing nodriving conservation zones; (6) reduce 

public access along portions of the 

beach; (7) develop and implement a 

consistent county-wide beach lighting 

management program; (8) develop and 

implement a beach horseback riding 

registration and education program; (9) 

undertake dune restoration programs; 

(10) monitor and mark sea turtle nests 

within the area covered by the HCP; and 

(11) increase local law enforcement staff 

to enforce existing ordinances and the 

terms of the incidental take permit. 

The Service has made a preliminary 

determination that issuance of the 

requested ITP is not a major Federal 

action significantly affecting the quality 

of the human environment within the 

meaning of Section 102(2)(C) of NEPA. 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53247 

This preliminary information may be 

revised due to public comment received 

in response to this notice and is based 

on information contained in the EA and 

HCP. 

The Service will evaluate the HCP 

and comments submitted thereon to 

determine whether the application 

meets the issuance criteria requirements 

of section 10(a)(1)(B) of the Act. By 

conducting an intra-Service section 7 

consultation the Service will also 

evaluate whether issuance of the section 

10(a)(1)(B) ITP would comply with 

section 7 of the Act. 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 ITP for the five species of sea 

turtle and the Anastasia Island beach 

mouse. 

Dated: August 6, 2005. 

Cynthia K. Dohner, 

Acting Regional Director, Southeast Region. 

[FR Doc. 05–17677 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NV–025–1232–NX–NV06; Special 

Recreation Permit #NV–025–04–02] 

Notice to the Public of Temporary 

Public Lands Closures and Prohibition 

of Certain Activities on Public Lands 

Administered by the Bureau of Land 

Management, Winnemucca Field 

Office, Nevada 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of temporary closure. 

SUMMARY: Notice is hereby given that 

certain lands located in northwestern 

Nevada partly within the Black Rock 

Desert-High Rock Canyon Emigrant 

Trails National Conservation Area will 

be temporarily closed or restricted and 

certain activities will be temporarily 

prohibited in and around the Burning 

Man event site administered by the BLM 

Winnemucca Field Office in Pershing 

and Washoe Counties, Nevada. 

The specified closures, restrictions 

and prohibitions are made in the 

interest of public safety at and around 

the public lands location of an event 

known as the Burning Man Festival. 

This event is authorized on public lands 

under a special recreation permit and is 

expected to attract approximately 

35,000 participants this year. 

These lands will be closed or 

restricted as follows: 

• August 15, 2005 through September 

19, 2005 inclusive: Discharge of 

firearms, possession of weapons, waste 

water disposal, and closed or restricted 

to camping. 

• August 26, 2005 through September 

5, 2005 inclusive: Aircraft landing, 

possession of fireworks, possession of 

alcohol by minors, and closed to all 

public uses. 

• August 29, 2005 through September 

5, 2005 inclusive: Closed or restricted to 

vehicle use. 

Public camping and vehicle use that 

creates dust plumes higher than the top 

of the vehicle are prohibited from 

August 29, 2005 through September 5, 

2005 inclusive in the following legally 

described locations outside the permit 

area (defined by a temporary event 

perimeter fence): 

Mount Diablo Meridian 

Unsurveyed T. 33 N., R. 24 E., 

Sec. 1, W1⁄2; 

Secs. 2, 3 and 4; 

Secs. 9, 10 and 11; 

Sec. 12, W1⁄2; 

Sec. 13, NW1⁄4; 

Sec. 14, N1⁄2; 

Sec. 15, N1⁄2; 

Sec. 16, N1⁄2. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Secs. 33, 34 and 35; 

Sec. 36, W1⁄2. 

Burning Man event ticket holders who 

are camped in designated areas 

provided by Black Rock City LLC 

(limited liability company) and ticket 

holders who are camped in the 

authorized ‘‘pilot camp’’ and BLMauthorized event management-related 

camps are exempt from the camping 

closure. 

Public camping is prohibited from 

August 15, 2005 through August 28, 

2005 inclusive and from September 6, 

2005 through September 19, 2005 

inclusive in the following legally 

described locations inside the permit 

area (defined by a temporary event 

perimeter fence), within 50 yards 

outside the perimeter fence boundary, 

and within the airport/airstrip area 

located contiguous with and south of 

the perimeter fence boundary: 

Mount Diablo Meridian 

Unsurveyed T. 33 N., R. 24 E., 

Secs. 2, 3 and 4; 

Secs. 9, 10 and 11. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Secs. 33, 34 and 35. 

These areas described above are 

closed two weeks preceding and 

following the Burning Man event. Black 

Rock City LLC authorized staff, 

contractors, volunteers, and participants 

constructing or taking down art exhibits 

and theme camps are exempt from the 

camping closure. 

Operation of motorized vehicles is 

prohibited from August 29, 2005 

through September 5, 2005 inclusive in 

the following legally described locations 

inside the permit area (defined by a 

temporary event perimeter fence) and 

within 50 yards outside the perimeter 

fence boundary: 

Mount Diablo Meridian 

Unsurveyed T. 33 N., R. 24 E., 

Secs. 2, 3, 4, 9, 10, and 11; 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Secs. 33, 34 and 35. 

The following exceptions apply: The 

main playa road that provides access 

between the 3-Mile and Trego playa 

entrances; participant arrival and 

departure on designated routes; mutant 

vehicles registered with Burning Man; 

Black Rock City LLC staff and support; 

BLM, medical, law enforcement, and 

firefighting vehicles; and motorized 

skateboards or ‘‘Go Peds’’ with or 

without handlebars. Mutant vehicles 

must be registered with Burning Man/ 

Black Rock City LLC and drivers must 

provide evidence of registration at all 

times. 

For event safety near the entrance 

road and airstrip, the following legally 

described locations outside the permit 

area (defined by a temporary event 

perimeter fence) are closed to all public 

use from August 29, 2005 through 

September 5, 2005 inclusive: 

Mount Diablo Meridian 

Unsurveyed T. 33 N., R. 24 E., 

Sec. 4, NE1⁄4, S1⁄2; 

Sec. 5, SE1⁄4; 

Sec. 8, NE1⁄4, S1⁄2; 

Sec. 9; 

Sec. 10; 

Sec. 15, N1⁄2; 

Sec. 16, N1⁄2. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Sec. 33, SE1⁄4; 

Sec. 34, SW1⁄4. 

The following exceptions apply: The 

main playa road that provides access 

between the 3-Mile and Trego playa 

entrances; participant arrival and 

departure on designated routes; aircraft 

operations conducted through the 

authorized event landing strip and such 

ultralight and helicopter take-off and 

landing areas for Burning Man staff and 

participants, law enforcement, and 

emergency medical services as may be 

included in the annual operation plan 

submitted by Black Rock City, LLC and 

approved by the authorized officer; and 

uses performed by BLM personnel as 

designated by the authorized BLM 

officer. 

The use, sale or possession of 

personal fireworks within the Burning