[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Notices]
[Pages 31226-31227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15132]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Revised Application for an Incidental Take 
Permit and Revised Environmental Assessment for Obyan Beach Resort 
Associates, Saipan, Commonwealth of the Northern Mariana Islands and 
the Commonwealth of the Northern Mariana Islands Department of Lands 
and Natural Resources

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that the Obyan Beach Resort 
Associates and the Commonwealth of the Northern Mariana Islands 
(Commonwealth) Department of Lands and Natural Resources (Applicants) 
have applied to the Fish and Wildlife Service for an incidental take 
permit (PRT-824821) pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). The application package includes 
a Habitat Conservation Plan (Plan), Implementation Agreement, and the 
Saipan Upland Mitigation Bank Agreement (Agreement). The Service also 
announces the availability of an Environmental Assessment for the 
proposed issuance of the incidental take permit. The proposed permit 
would authorize the incidental take of the federally listed endangered 
nightingale reed-warbler (Acrocephalus luscinia) and Micronesian 
megapode (Megapodius laperouse), and/or their habitat during the 
construction of a proposed 36-hole golf course and resort. Green sea 
turtles (Chelonia mydas) may nest at the beach near the project site, 
but outside of the project boundaries, and are not expected to be 
impacted by the project. The permit would be in effect for 50 years.
    The Plan, Implementation Agreement and Environmental Assessment 
were circulated for public review in February, 1997, in accordance with 
the Act and the National Environmental Policy Act (62 FR 7794). The 
original permit application proposed establishment of a mitigation bank 
on Saipan to compensate for impacts to nightingale reed-warblers. Since 
that time, the proposed Saipan Upland Mitigation Bank (Mitigation Bank) 
has been developed, and a Mitigation Bank Agreement has been prepared. 
This Agreement is now included in the permit application. Other than 
development of the Mitigation Bank and associated Agreement, no major 
revisions have been made to the permit application and Environmental 
Assessment. This notice advises the public that the revised Plan, 
Implementation Agreement and Environmental Assessment, and the 
Agreement are available for review and comment. All comments received, 
including names and addresses, will become part of the administrative 
record and may be made available to the public. This notice is provided 
pursuant to section 10(c) of the Act and National Environmental Policy 
Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and Environmental 
Assessment should be received on or before June 23, 1998.

ADDRESSES: Comments regarding the permit application, Plan, Agreement, 
or Environmental Assessment, or requests for these documents, should be 
addressed to Brooks Harper, Field Supervisor, Fish and Wildlife 
Service, P.O. Box 50088, Honolulu, Hawaii 96850; Fax (808) 541-3470. 
Please refer to permit number PRT-824821 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Brooks Harper or Gina Shultz, Pacific 
Islands Fish and Wildlife Office, telephone (808) 541-3441.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of a species listed as threatened or endangered. However, 
the 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

    The Applicants propose to construct a 36-hole golf course and 
resort on the southeastern part of Saipan, Commonwealth of the Northern 
Mariana Islands. The Applicants seek coverage for impacts to 814 acres 
that contain nightingale reed-warbler and Micronesian megapode habitat. 
To compensate for project impacts, the Applicants will: (1) Minimize 
on-site impacts and maintain habitat on-site for 10 pairs of 
nightingale reed-warblers, and (2) develop a Mitigation Bank and 
purchase 24 nightingale reed-warbler credits from the Mitigation Bank. 
Purchase of 24 credits from the Mitigation Bank will result in the 
permanent protection of 24 existing nightingale reed-warbler 
territories and permanent protection and enhancement of habitat to 
establish an additional 24 territories. Other measures are specified in 
the 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, development of 
the Mitigation Bank, and implementation of the Plan and its 
implementation Agreement. This alternative is preferred because: (1) It 
satisfies the purpose and needs of the Service and Applicants; (2) 
impacts are minimized during construction; and (3) incidental take is

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mitigated by the development of a Mitigation Bank, the purchase of 24 
nightingale reed-warbler credits from the Mitigation Bank, and other 
measures specified in the Plan. 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 the protection of 24 nightingale reed-warbler 
territories and protection and enhancement of an additional 24 
nightingale reed-warbler territories would not occur. Under alternative 
1, the no action alternative, the Service would not issue an incidental 
take permit. The area leased would likely 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 24 existing territories would not be preserved 
in the Mitigation Bank, and habitat protection and enhancement for the 
establishment of 24 additional territories would not occur.

    Dated: June 2, 1998.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-15132 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-55-P