[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 31227]] 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