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Federal Register / Vol. 70, No.

139 / Thursday, July 21, 2005 / Notices 42087

resources that would be considered Jackson, Mississippi Field Office, U.S. such a plan would not promote the
significant over time. Fish and Wildlife Service, 6578 conservation of a particular species.
Based on this preliminary Dogwood View Parkway, Jackson, Section 4(f) of the Act requires us to
determination, we do not intend to Mississippi 39213 (telephone (601) 965– provide a public notice and an
prepare further NEPA documentation. 4900), or by visiting our recovery plan opportunity for public review and
We will consider public comments in Web site at http://endangered.fws.gov/ comment during recovery plan
making the final determination on recovery/index.html#plans. If you wish development. We will consider all
whether to prepare such additional to comment, you may submit your information presented during a public
documentation. comments by any one of several comment period prior to approval of
This notice is provided pursuant to methods: each new or revised recovery plan. We
section 10(c) of the ESA and the 1. You may submit written comments and other Federal agencies will take
regulations of NEPA (40 CFR 1505.6). and materials to the Field Supervisor, at these comments into account in the
We will evaluate the permit application, the above address. course of implementing approved
the proposed HCP, and comments 2. You may hand-deliver written recovery plans.
submitted thereon to determine whether comments to our Jackson, Mississippi The objective of this technical agency
the application meets the requirements Field Office, at the above address, or fax draft recovery plan is to provide a
of section 10(a) of the ESA. If the your comments to (601) 965–4340. framework for the recovery of the
requirements are met, we will issue a 3. You may send comments by e-mail vermilion darter so that protection
permit to the applicant. to daniel_drennen@fws.gov. For under the Act is no longer necessary.
Dated: July 15, 2005. directions on how to submit electronic The status of the species will be
Kenneth McDermond, filing of comments, see the ‘‘Public reviewed, and the species will be
Deputy Manager, California/Nevada Comments Solicited’’ seciton. considered for removal from the Federal
Operations Office, Sacramento, California. Comments and materials received are List of Endangered and Threatened
[FR Doc. 05–14374 Filed 7–20–05; 8:45 am] available for public inspection on Wildlife and Plants (50 CFR part 17)
BILLING CODE 4310–55–P
request, by appointment, during normal when recovery criteria are met.
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Public Comments Solicited
DEPARTMENT OF THE INTERIOR Daniel J. Drennen at the above address We solicit written comments on the
(telephone (601) 321–1127). recovery plan described. We will
Fish and Wildlife Service SUPPLEMENTARY INFORMATION: consider all comments received by the
Notice of Availability of a Technical Background date specified above prior to final
Agency Draft Recovery Plan for the approval of the draft recovery plan.
We listed the vermilion darter
Endangered Vermilion Darter for Please submit electronic comments as
(Etheostoma chermocki (Teleostei:
Review and Comment an ASCII file format and avoid the use
Percidae)) as endangered under the Act
AGENCY: Fish and Wildlife Service, on November 28, 2001 (66 FR 59367). of special characters and encryption.
Interior. The vermilion darter was officially Please also include your name and
described in 1992 from Turkey Creek, return address in your e-mail message.
ACTION: Notice of documents availability
which is a tributary of the Locust Fork If you do not receive a confirmation
and opening of public comment period.
of the Black Warrior River, Jefferson from the system that we have received
SUMMARY: We, the Fish and Wildlife County, Alabama. your e-mail message, contact us directly
Service, announce the availability of the The vermilion darter is a medium- by calling our Mississippi Field Office
technical agency draft recovery plan for sized darter that is only known from a (see ADDRESSES section).
the vermilion darter (Etheostoma 11.6-kilometer (7.2-mile) section of the Our practice is to make all comments,
chermocki). The vermilion darter is Turkey Creek drainage. The greatest including names and home addresses of
found only in Turkey Creek, a tributary threat to this species is degradation of respondents, available for public review
of the Locust Fork of the Black Warrior water quality and substrate components during regular business hours.
River, Jefferson County, Alabama. The of its habitat due to sedimentation and Individual respondents may request that
species is threatened by degradation of other pollutants (both point and non- we withhold their home addresses from
water quality and substrate components point sources). Urbanization has the record, which we will honor to the
of its habitat due to sedimentation and contributed significantly to extent allowable by law. In some
other pollutants. The technical agency sedimentation within the Turkey Creek circumstances, we would withhold also
draft recovery plan includes specific watershed. from the rulemaking record a
recovery objectives and criteria to be Restoring an endangered or respondent’s identity, as allowable by
met in order to delist the vermilion threatened animal or plant to the point law. If you wish for us to withhold your
darter under the Endangered Species where it is again a secure, self- name and/or address, you must state
Act of 1973, as amended (Act) (16 sustaining member of its ecosystem is a this prominently at the beginning of
U.S.C. 1533 et seq.). We solicit review primary goal of the endangered species your comments. However, we will not
and comment on this technical agency program. To help guide the recovery consider anonymous comments. We
draft recovery plan from local, State, effort, we are preparing recovery plans will make all submissions from
and Federal agencies, and the public. for most listed species. Recovery plans organizations or businesses, and from
DATES: In order to be considered, we describe actions considered necessary individuals identifying themselves as
must receive comments on the technical for conservation of the species, establish representatives or officials of
agency draft recovery plan on or before criteria for downlisting or delisting, and organizations or businesses, available
September 19, 2005. estimate time and cost for implementing for public inspection in their entirety.
ADDRESSES: If you wish to review this recovery measures. Authority: The authority for this action is
technical agency draft recovery plan, The Act requires the development of section 4(f) of the Endangered Species Act,
you may obtain a copy by contacting the recovery plans for listed species, unless 16 U.S.C. 1533(f).

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42088 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Notices

Dated: July 15, 2005. Sacramento Fish and Wildlife Office, at habitats within the area protected by the
Jacquelyn Parrish, (916) 414–6600. Conservation Bank.
Acting Regional Director. SUPPLEMENTARY INFORMATION: The Service’s Environmental
[FR Doc. 05–14372 Filed 7–20–05; 8:45 am] Assessment considers the
Availability of Documents
BILLING CODE 4310–55–P environmental consequences of three
You may obtain copies of these
alternatives. The Proposed Project
documents for review by contacting the
individuals named above [see FOR Alternative (described above) consists of
DEPARTMENT OF THE INTERIOR the issuance of the incidental take
FURTHER INFORMATION CONTACT.]
Fish and Wildlife Service Documents also will be available for permit and implementation of the Plan
public inspection, by appointment, and Implementing Agreement for the
Availability of an Environmental during normal business hours at the applicant’s proposed project. The No
Assessment and Receipt of an Sacramento Fish and Wildlife Office Action Alternative consists of no permit
Application for an Incidental Take [see ADDRESSES.] issuance and no construction of the
Permit for the Hillcrest Travel Plaza in travel plaza at this time. Compared to
Fresno County, CA Background the proposed project, the No Action
Section 9 of the Act and Federal Alternative would result in no take in
AGENCY: Fish and Wildlife Service,
regulations prohibit the take of fish and an important migration corridor area,
Interior.
wildlife species listed as endangered or but less long-term conservation for the
ACTION: Notice of availability and
threatened (16 U.S.C. 1538). Take of San Joaquin kit fox within Fresno
receipt of application. federally listed fish and wildlife is County, and the applicant would not be
SUMMARY: The Hillcrest Travel Plaza defined under the Act to include the able to develop the property. Under the
(applicant) has applied to the Fish and following activities: harass, harm, 38-Acre Development Alternative, the
Wildlife Service (Service) for an pursue, hunt, shoot, would, kill, trap, entire project site would be developed
incidental take permit pursuant to capture, or collect, or to attempt to with permanent structures, parking and
section 10(a)(1)(B) of the Endangered engage in any such conduct (16 U.S.C.
access areas, and appurtenances. The
Species Act of 1973, as amended (Act). 1532). The Service may, under limited
project would result in the loss of 38
The Service is considering the issuance circumstances, issue permits to
authorize incidental take (i.e., take that acres of San Joaquin kit fox foraging and
of a 10-year permit to the applicant that migration habitat, and the applicant
would authorize take of the endangered is incidental to, and not for the purpose
of, the carrying out of an otherwise would purchase 38 acres of off-site
San Joaquin kit fox (Vulpes macrotis preservation habitat in a conservation
mutica) incidental to otherwise lawful lawful activity). Regulations governing
incidental take permits for endangered bank. Compared to the proposed project,
activities. Such take would occur during
species are found in 50 CFR 17.22. the 38-Acre Development Alternative
the construction and operation of the
The applicant proposes to construct would result in greater loss of habitat in
applicant’s proposed travel plaza in
Fresno County, California. Construction and operate a travel plaza and freeway an important migration corridor area,
of the proposed travel plaza would rest stop on a portion of a 38-acre parcel but more long-term conservation for the
result in the loss of up to 9.27 acres of on the southwest side of the intersection San Joaquin kit fox. This alternative
foraging and migration habitat for the of State Route 269 and Interstate 5 near would be more costly to the applicant
San Joaquin kit fox. the town of Avenal in Fresno County, than the proposed project.
We request comments from the public California. The construction of the This notice is provided pursuant to
on the permit application and an proposed plaza would result in the loss section 10(a) of the Act and the
Environmental Assessment, both of of 9.27 acres of suitable foraging and regulations of the National
which are available for review. The migration habitat for the San Joaquin kit Environmental Policy Act (NEPA) of
permit application includes the fox.
Although no San Joaquin kit foxes 1969 (40 CFR 1506.6). All comments
proposed Habitat Conservation Plan that we receive, including names and
(Plan) and an accompanying were observed, or evidence found of
their denning, at the time of biological addresses, will become part of the
Implementing Agreement. The Plan official administrative record and may
describes the proposed project and the surveys, they may range through and
periodically use the site for foraging be made available to the public. We will
measures that the applicant would evaluate the application, associated
undertake to minimize and mitigate take and/or denning. The construction and
operation of the facilities is unlikely to documents, and comments submitted
of the San Joaquin kit fox. thereon to determine whether the
result in direct mortality or injury of
DATES: We must receive your written application meets the requirements of
San Joaquin kit foxes, but may result in
comments on or before September 19, NEPA regulations and section 10(a) of
take in the form of harassment.
2005. The applicant proposes to implement the Act. If we determine that those
ADDRESSES: Please address written specific on-site measures to avoid and requirements are met, we will issue a
comments to Lori Rinek, Chief, minimize take and associated adverse permit to the Applicant for the
Conservation Planning and Recovery project impacts to San Joaquin kit fox. incidental take of the San Joaquin kit
Division, U.S. Fish and Wildlife Service, The applicant also proposes to mitigate fox. We will make our final permit
Sacramento Fish and Wildlife Office, for take by purchasing 9.27 acres of decision no sooner than 60 days from
2800 Cottage Way, W–2605, compensation credits at the Wildlands, the date of this notice.
Sacramento, California 95825. You also Inc., Kreyenhagen Hills Conservation Dated: July 15, 2005.
may send comments by facsimile to Bank, in Fresno County. These lands are
(916) 414–6713. occupied by the San Joaquin kit fox. The Ken McDermond,
FOR FURTHER INFORMATION CONTACT: compensation includes funds Deputy Manager, California/Nevada
Jesse Wild, Fish and Wildlife Biologist, supporting a management endowment Operations Office, Sacramento, California.
or Lori Rinek, Chief, Conservation to ensure the permanent management [FR Doc. 05–14373 Filed 7–20–05; 8:45 am]
Planning and Recovery Division, and monitoring of sensitive species and BILLING CODE 4310–55–P

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