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Notice of Decision and Availability of Decision Documents on the Issuance of Permits for Incidental Take of Threatened and Endangered Species

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Information about this document as published in the Federal Register.

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Fish and Wildlife Service, Interior.


Notice of decision.


Between February 22, 2000, and February 16, 2001, Region 1 of the Fish and Wildlife Service (Service) approved 19 Habitat Conservation Plans (Plans) and issued 38 permits, transferred 2 permits, and amended 1 permit for the incidental take of threatened and endangered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service also issued one Safe Harbor Agreement permit and one Candidate Conservation Agreement permit pursuant to section 10(a)(1)(A) of the Act. The Service also returned two permit applications and denied two permit applications.

Copies of the permits and associated decision documents are available upon request. Charges for copying (10 cents per page), plus shipping and handling may apply.


If you would like copies of any of the above documents, please contact the Fish and Wildlife Reference Service, 5430 Grosvenor Lane, Suite 110, Bethesda, Maryland 20814; telephone (800) 582-3421.

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Heather Hollis, Fish and Wildlife Biologist, Fish and Wildlife Service, Portland, Oregon; telephone (503) 231-6241.

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Section 9 of the Act and Federal regulation prohibit the take of wildlife species listed as endangered or threatened, respectively. Under the Act, the term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed wildlife, or to attempt to engage in any such conduct. The Service may, under limited circumstances, issue permits to authorize take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22.

Between February 22, 2000, and February 16, 2001, Region 1 of the Service issued the following permits for incidental take of threatened and endangered species, pursuant to section 10(a)(1)(B) and section 10(a)(1)(A) of the Act. We issued each permit after making the following determinations: the application had been submitted in good faith; all permit issuance criteria were met, including the requirement that granting the permit will not jeopardize the continued existence of listed species; and the permit was consistent with the Act and applicable regulations, including a thorough review of the environmental effects of the action and alternatives pursuant to the National Environmental Policy Act of 1969.

Copies of these permits, their accompanying Plans, and associated documents are available upon request. Decision documents for each permit include Findings and Recommendations; a Biological Opinion; and either a Finding of No Significant Impact, a Record of Decision, or an Environmental Action Statement. Associated documents may also include an Implementing Agreement, Assumption Agreement, Environmental Assessment, or Environmental Impact Statement, as applicable.

Approved plan/permitPermit No.Issuance date
Habitat Conservation Plans:
Tulare Irrigation DistrictTE022815-002/22/00
Weyerhaeuser Venture—Tributary PointTE023095-003/31/00
Union Pacific RailroadTE023739-004/04/00
City of Seattle, Cedar River WatershedTE020907-004/21/00
MFS Globenet, IncTE021702-004/26/00
Pacific Bay PropertiesTE024042-005/08/00
Van DaeleTE025437-005/24/00
Cornerstone Homes, Railroad CanyonTE026003-006/08/00
Regency Realty, Prairie City CrossingTE026908-006/15/00
California Department of Fish and GameTE028154-006/23/00
Simpson Timber, NW OperationsTE032463-010/13/00
Plum Creek Native FishTE034609-010/24/00
High Desert Power ProjectTE021703-010/26/00
Clark County and othersTE034927-011/01/00
City of AnaheimTE036082-011/20/00
Westwood Tributary PointTE034909-011/27/00
County of San Diego partial transferTE037338-012/22/00
Assessment District 161 (12 permits):
Metropolitan Water DistrictTE030490-012/04/00
OBED Properties, Inc.TE030495-012/04/00
Parcel Five, Inc.TE030497-012/04/00
Winchester 700, LLCTE030499-012/04/00
Crown MeadowsTE030500-012/04/00
Hill County, S.A. Ltd.TE030501-012/04/00
Murrieta Valley Unified School DistrictTE030502-012/04/00
Rancho California Water DistrictTE030503-012/04/00
SDI Communities, LLCTE030504-012/04/00
Butterfield Development Company, IncTE030505-012/04/00
Pulte Home Corp.TE030506-012/04/00
Buie Communities, LLCTE303507-012/04/00
Granite Homes/Lake ElsinoreTE036074-012/29/00
Evergreen NurseryTE023022-002/09/01
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Ocean Trails:
Amendment and transferTE032423-101/06/01
City of Rancho Palos VerdesTE037483-001/06/01
Reichel et al. (4 permits):
John J. ReichelTE036465-002/16/01
Serenata, LLCTE036467-002/16/01
Richard and Brigitta SteidlTE036469-002/16/01
West San Bernardino County Water DistrictTE036470-002/16/01
Safe Harbor Agreements:
Bob and Peggy MackTE030508-009/18/00
Candidate Conservation Agreements:
Oregon Department of Fish and WildlifeTE034590-010/11/00

In addition to issuing the above permits, the Service took action on four other applications that had been noticed in the Federal Register for public comment. The Service returned an application submitted by Weyerhaeuser Company for the Willamette Valley Plan because both the Service and Weyerhaeuser Company agreed to discontinue negotiations. The Service returned an application submitted by Boise Cascade Corporation for the Walker Creek Plan when the northern spotted owl that was the subject of the application died. The Service denied two permit applications submitted during this time frame: an application submitted by Mr. and Mrs. Seiber for the Wiley Creek Plan and an application submitted by Coast Range Conifers for the Beaver Tract Plan. In both cases, the applicant failed to meet all of the statutory permit issuance criteria under section 10(a)(2)(B)(ii) of the Act.

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Dated: March 20, 2001.

Rowan W. Gould,

Deputy Regional Director, Fish and Wildlife Service, Region 1, Portland, Oregon.

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[FR Doc. 01-7731 Filed 3-28-01; 8:45 am]