[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Notices]
[Pages 58126-58127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-25644]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Withdrawal of Finding of No Significant Impact and Final
Environmental Assessment on Management of Mute Swans in the Atlantic
Flyway
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The U.S. Fish and Wildlife Service (the Service) published a
Finding of No Significant Impact (FONSI) and Final Environmental
Assessment (FEA) for the Management of Mute Swans in the Atlantic
Flyway on August 7, 2003. The Service is withdrawing those decision
documents. Effective immediately, these documents will not be used to
support the issuance of depredation permits authorizing the take of
mute swans (Cygnus olor) under the Migratory Bird Treaty Act (MBTA). No
new mute swan depredation permits will be issued pending completion of
further review under the National Environmental Policy Act (NEPA).
FOR FURTHER INFORMATION CONTACT: Brian A. Millsap, U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, Mail Stop MS
MBSP-4107, 4401 North Fairfax Drive, Arlington, Virginia 22203.
SUPPLEMENTARY INFORMATION: On July 2, 2003, the U.S. Fish and Wildlife
Service (the Service) provided notice (68 FR 39593) that a Draft
Environmental Assessment for the Management of Mute Swans in the
Atlantic Flyway was available for public review and comment. The 15-day
public comment period ended on July 16, 2003. On August 7, 2003, the
Service published a notice of availability (68 FR 47084) of the FEA and
the full text of the FONSI.
On August 11, 2003, in accordance with the FEA and the FONSI, the
Service issued a permit under authority of the MBTA to the Maryland
Department of Natural Resources authorizing the take of up to 525 mute
swans between August 27 and December 12, 2003. The Service's issuance
of this permit was challenged in Federal court. A preliminary
injunction enjoining the take of any mute swans under this permit
pending a final ruling on the merits was issued by the U.S. District
Court for the District of Columbia on September 9, 2003 (``The Fund for
Animals, et al. v. Norton, Civil Action No. ECF-03-1710'').
The Court's decision on the preliminary injunction raised serious
issues regarding the FEA and FONSI referenced above and the Service
therefore is withdrawing these documents. Effective immediately, these
documents will no longer be used to support the issuance of depredation
permits authorizing the take of mute swans. No new mute swan
depredation permits will be issued pending completion of a new review
under NEPA.
[[Page 58127]]
Dated: October 2, 2003.
Matt Hogan,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 03-25644 Filed 10-8-03; 8:45 am]
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