Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8733 

conducted under authority of the 

permit. 

(2) FWS Form 3-200-3 (Import/Export 

License). It is unlawful to import or 

export wildlife or wildlife products for 

commercial purposes without first 

obtaining an import/export license (50 

CFR 14.91). Applicants must complete 

FWS Form 3-200-3 to request this 

license. We use the information that we 

collect on the application as an 

enforcement tool and management aid 

to: (a) monitor the international wildlife 

market and (b) detect trends and 

changes in the commercial trade of 

wildlife and wildlife products. Import/ 

export licenses are valid for 1 year. We 

may require a licensee to file a report on 

activities conducted under authority of 

the import/export license. 

Import/export licensees must 

maintain records that accurately 

describe each importation or 

exportation of wildlife or wildlife 

products made under the license, and 

any additional sale or transfer of the 

wildlife or wildlife products. In 

addition, licensees must make these 

records and the corresponding 

inventory of wildlife or wildlife 

products available for our inspection at 

reasonable times, subject to applicable 

limitations of law. We believe the 

burden associated with these 

recordkeeping requirements is minimal 

because the records already exist. 

Importers and exporters must complete 

FWS Form 3-177 (Declaration for 

Importation or Exportation of Fish or 

Wildlife) for all imports or exports of 

wildlife or wildlife products. This form 

provides an accurate description of the 

imports and exports. OMB has approved 

the information collection for FWS 

Form 3-177 and assigned OMB Control 

Number 1018-0012. Normal business 

practices should produce records (e.g., 

invoices or bills of sale) needed to 

document additional sales or transfers 

of the wildlife or wildlife products. 

II. Data 

OMB Control Number: 1018-0092. 

Title: Federal Fish and Wildlife 

Permit Applications and Reports—Law 

Enforcement. 

Service Form Number(s): 3-200-2 and 

3-200-3. 

Type of Request: Revision of a 

currently approved collection. 

Affected Public: Individuals, 

businesses, and scientific institutions. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion 

for applications; annually or 

periodically for reports; ongoing for 

recordkeeping. 

Estimated Annual Nonhour Burden: 

$11,905 for fees associated with permit 

applications. 

Activity Number of annual 

respondents 

Number of annual 

responses 

Completion time 

per response 

Annual burden 

hours 

3-200-2 – application and recordkeeping ................................ 1,350 1,350 1.25 hours ....... 1,688 

3-200-2 report .......................................................................... 5 5 1 hour .............. 5 

3-200-3 - application and recordkeeping ................................. 10,555 10,555 1.25 hours ....... 13,194 

3-200-3 report .......................................................................... 5 5 1 hour .............. 5 

Totals ................................................................................ 11,915 11,915 ..................... 14,892

III. Request for Comments 

We invite comments concerning this 

IC on: 

•Whether or not the collection of 

information is necessary, including 

whether or not the information will 

have practical utility; 

•The accuracy of our estimate of the 

burden for this collection of 

information; 

•Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and 

•Ways to minimize the burden of the 

collection of information on 

respondents. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this IC. Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: February 18, 2010 

Hope Grey, 

Information Collection Clearance Officer, 

Fish and Wildlife Service. 

FR Doc. 2010–3888 Filed 2–24–10; 8:45 am 

Billing Code 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R6–ES–2009–N277; 65411–1112– 

0000–A2] 

Least Chub and Columbia Spotted 

Frog Candidate Conservation 

Agreement With Assurances; Receipt 

of Application for Enhancement of 

Survival Permit; Bishop Springs, UT 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; receipt of 

application. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), have received an 

application from Herman Young and 

Sons, Inc. (Applicant), for an 

enhancement of survival permit (permit) 

under the Endangered Species Act of 

1973, as amended (Act). The permit 

application includes a proposed 

Candidate Conservation Agreement with 

Assurances (CCAA) for the least chub 

(Iotichthys phlegethontis) and Columbia 

spotted frog (Rana lutreiventris) 

between the Applicant, the Utah 

Division of Wildlife Resources (UDWR), 

and the Service. The CCAA would be 

implemented at the Bishop Springs 

marsh complex (Bishop Springs) in Juab 

County, Utah. We have made a 

preliminary determination that the 

proposed CCAA and permit application 

are eligible for categorical exclusion 

under the National Environmental 

Policy Act of 1969 (NEPA). The basis for 

this preliminary determination is 

contained in an Environmental Action 

Statement. We are accepting comments 

on the permit application, the proposed 

CCAA, and the Environmental Action 

Statement. 

DATES: We must receive comments no 

later than March 29, 2010. 

ADDRESSES: Address all written 

comments to Larry Crist, by U.S. mail at 

Utah Field Office, U.S. Fish and 

Wildlife Service, 2369 West Orton 

Circle, Suite 50, West Valley City, UT 

84119; by facsimile to 801–975–3331; or 

by e-mail to larry_crist@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Larry Crist, Utah Field Office 

Supervisor, 801–975–3330. If you use a 


jlentini on DSKJ8SOYB1PROD with NOTICES
8734 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

telecommunications device for the deaf, 

you may call the Federal Information 

Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: Under a 

Candidate Conservation Agreement with 

Assurances, participating landowners 

voluntarily undertake management 

activities on their property to enhance, 

restore, or maintain habitat benefiting 

species that are proposed for listing 

under the Act, or that are candidates for 

listing, or may become candidates. 

Candidate Conservation Agreements 

with Assurances, and the subsequent 

permits we issue under section 

10(a)(1)(A) of the Act (16 U.S.C. 1531 et 

seq.), encourage private and other nonFederal property owners to implement 

conservation efforts for species, by 

assuring property owners that they will 

not be subjected to increased land use 

restrictions as a result of efforts to 

attract or increase the numbers or 

distribution of a listed species on their 

property, if that species becomes listed 

under the Act in the future. Application 

requirements and issuance criteria for 

permits through the Candidate 

Conservation Agreement with 

Assurances are found in the Code of 

Federal Regulations (CFR) at 50 CFR 

17.22(d) and 17.32(d). 

Historically, least chub and Columbia 

spotted frog inhabited a variety of 

aquatic habitat types throughout the 

Bonneville Basin in Utah. In the West 

Desert of Utah these species occur in 

many of the same spring complexes, 

including Bishop Springs. Both species 

have declined to the extent that they 

have been considered for listing under 

the Endangered Species Act. 

A decline in the distribution and 

abundance of the least chub was first 

noted in the 1940s and 1950s. Habitat 

loss and degradation have been 

identified as major causes for this 

decline. Surveys indicate that where 

nonnative fishes have been introduced, 

few if any least chub remain. 

In 1998, the Service, Utah Department 

of Natural Resources, Bureau of Land 

Management (BLM), Bureau of 

Reclamation, Utah Reclamation 

Mitigation and Conservation 

Commission, Confederated Tribes of the 

Goshute Reservation, and Central Utah 

Water Conservancy District signed a 

Least Chub Conservation Agreement 

and Strategy (LCCAS). The LCCAS is a 

voluntary agreement to ensure the longterm survival of the least chub within its 

historic range and assist in the 

development of rangewide conservation 

efforts. Significant conservation 

measures were accomplished for the 

species and several new populations 

were located outside the West Desert 

ecosystem. The only remaining 

naturally occurring and relatively secure 

populations of least chub are present in 

five spring complexes in Snake Valley, 

Utah, one of which is Bishop Springs. 

Groundwater pumping may impact 

these sites in the future. 

The Columbia spotted frog was 

removed as a candidate for listing under 

the Act in 1999. Since that time, an 

interagency team continues to manage 

the species in accordance with 

Columbia Spotted Frog Conservation 

Agreement and Strategy (SPCAS). 

Despite this conservation agreement, 

some habitat loss and localized impacts 

to the spotted frog remain. 

The proposed CCAA represents 

another significant milestone in the 

cooperative conservation efforts for 

these species and is consistent with 

section 2(a)(5) of the Act, which 

encourages creative partnerships among 

public, private, and government entities 

to conserve imperiled species and their 

habitats. The CCAA is also consistent 

with continued implementation of the 

LCAS and SPCAS and addresses known 

impacts to both species at Bishop 

Springs. 

Conservation efforts in the proposed 

CCAA will provide perennial and 

legally protected instream flows to 

Bishop Springs for supporting self 

sustaining populations of least chub and 

spotted frog. Under the proposed CCAA, 

the UDWR would use a water right, 

conveyed by the Applicant, to maintain 

instream flow at Bishop Springs to 

protect and maintain approximately 

1,020 acres of habitat for the least chub 

and Columbia spotted frog. The 

Applicant previously used this water 

right to irrigate agricultural lands. The 

Applicant will agree to: (1) Reduce 

water diversion from Bishop Springs 

through the use of a more efficient 

irrigation system improved by UDWR; 

(2) reduce acreage irrigated; and (3) not 

appropriate additional water from 

Bishop Springs. Certain restrictions on 

the volume and flow of the Applicant’s 

reserved water right would allow 

beneficial use of water for irrigation of 

agricultural lands, while ensuring 

suitable habitat conditions for both 

species. 

Under certain conditions, such as 

prolonged drought, a small number of 

individuals of these species could die if 

they are unable to retreat to areas with 

adequate water. Therefore, the Service 

proposes to issue the permit under this 

CCAA to provide the Applicant with 

regulatory certainty regarding take 

prohibitions of section 9 of the Act 

should the species become listed in the 

future. The proposed duration for the 

CCAA and permit is 99 years. 

When determining whether to issue 

the permit, we will consider a number 

of factors and information sources, 

including the project’s administrative 

record, any public comments we 

receive, and the application 

requirements and issuance criteria for 

CCAAs contained in 50 CFR part 

17.22(d) and part 17.32(d). We will also 

evaluate whether the issuance of the 

permit complies with section 7 of the 

Act by conducting an intra-Service 

consultation. The results of this 

consultation, in combination with the 

above findings, regulations, and public 

comments, will determine whether or 

not we issue the permit. 

The proposed CCAA also provides the 

Applicant with regulatory assurances, 

that in the event of unforeseen 

circumstances, we would not require 

additional conservation measures or the 

commitment of additional land, water, 

or resource use restrictions beyond the 

level obligated in this Agreement, 

without the consent of the Applicant 

and UDWR. 

We have made the preliminary 

determination that the Applicant’s 

conservation measures meet the intent 

of the CCAA policy, based on the 

proposed protection of established 

populations and habitat for these 

species within their historic range. 

Habitat conditions within Bishop 

Springs have been evaluated by the 

Applicant, UDWR, and the Service, and 

are suitable for sustaining and 

enhancing populations of least chub and 

Columbia spotted frog. 

We have also made a preliminary 

determination that the proposed 

Agreement and permit issuance are 

eligible for categorical exclusion under 

NEPA. The basis for this determination 

is in the Environmental Action 

Statement, which is available for public 

review (see ADDRESSES). 

If you wish to comment on the 

Agreement and associated documents, 

you may submit your comments to the 

Service (see ADDRESSES). Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

We will evaluate this permit 

application, associated documents, and 

comments submitted thereon to 

determine whether the permit 

application meets the requirements of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8735 

section 10(a) of the Act and NEPA 

regulations at 40 CFR 1506.6. If we 

determine that the requirements are 

met, we will sign the proposed 

Agreement and issue a permit under 

section 10(a)(1)(A) of the Act to the 

Applicants for take of the covered 

species in accordance with the terms of 

the Agreement. We will not make our 

final decision until after the end of the 

30-day comment period, and we will 

fully consider all comments we receive 

during the comment period. 

We provide this notice under section 

10(c) of the Act and implementing 

regulations for NEPA (40 CFR 1506.6). 

Dated: February 18, 2010. 

Larry Crist, 

Field Supervisor, Utah Ecological Services 

Office. 

[FR Doc. 2010–3853 Filed 2–24–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2010–N024; 1112–0000– 

81440–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit, San Luis Obispo 

County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service, us), have 

received from the California Department 

of Parks and Recreation (applicant) an 

application for an incidental take permit 

under the Endangered Species Act of 

1973, as amended (Act). We are 

considering issuing a permit that would 

authorize the applicant’s take of the 

Federally endangered Morro 

shoulderband snail (Helminthoglypta 

walkeriana) incidental to otherwise 

lawful activities that would result in the 

permanent loss of 0.2 acre of Morro 

shoulderband snail habitat within 

Morro Bay State Park, San Luis Obispo 

County, California. We invite comments 

from the public on the application, 

which includes a Habitat Conservation 

Plan (HCP) fully describing the 

proposed project and measures the 

applicant would undertake to minimize 

and mitigate anticipated take of the 

species. We also invite comments on 

our preliminary determination that the 

HCP qualifies as a ‘‘low-effect’’ plan, 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

(NEPA) of 1969, as amended. We 

explain the basis for this determination 

in our draft Environmental Action 

Statement and associated Low Effect 

Screening Form, both of which are also 

available for review. 

DATES: To ensure consideration, please 

send your written comments by March 

29, 2010. 

ADDRESSES: You may download a copy 

of the permit application, plan, and 

related documents on the Internet at 

http://www.fws.gov/ventura, or you may 

request documents by U.S. mail, e-mail, 

or phone (see below). Please address 

written comments to Diane K. Noda, 

Field Supervisor, Ventura Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service, 2493 Portola Road, Suite B, 

Ventura, CA 93003. You may 

alternatively send comments by 

facsimile to (805) 644–3958. 

FOR FURTHER INFORMATION CONTACT: Jen 

Lechuga, HCP Coordinator, at Ventura 

address above, or (805) 644–1766, 

extension 224 (telephone). 

SUPPLEMENTARY INFORMATION: 

Background 

The Morro shoulderband snail was 

listed as endangered on December 15, 

1994 (59 FR 64613). Section 9 of the Act 

(16 U.S.C. 1531 et seq.) and our 

implementing Federal regulations in the 

Code of Federal Regulations (CFR) at 50 

CFR 17 prohibit the ‘‘take’’ of fish or 

wildlife species listed as endangered or 

threatened. Take of listed fish or 

wildlife is defined under the Act as ‘‘to 

harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct’’ (16 U.S.C. 1532). However, 

under limited circumstances, we issue 

permits to authorize incidental take (i.e., 

take that is incidental to, and not the 

purpose of, the carrying out of an 

otherwise lawful activity). Regulations 

governing incidental take permits for 

threatened and endangered species are 

at 50 CFR 17.32 and 17.22, respectively. 

The Act’s take prohibitions do not apply 

to Federally listed plants on private 

lands unless such take would violate 

State law. In addition to meeting other 

criteria, an incidental take permit’s 

proposed actions must not jeopardize 

the existence of Federally listed fish, 

wildlife, or plants. 

The applicant proposes the 

construction and use of a boardwalk, 

overlook area, and trail project within a 

10-acre site at the Morro Bay State Park 

marina peninsula, San Luis Obispo 

County, California, that will meet 

Americans with Disabilities Act (ADA) 

accessibility guidelines. The 10-acre site 

contains a mixture of native and 

introduced plant species. Coastal dune 

scrub, the only native upland 

community, occupies the majority of the 

10-acre permit area. Disturbed upland 

habitat is also present and includes 

illegal trails and areas dominated by 

nonnative plant species. 

The proposed project would result in 

impacts to a total of 0.41 acre of habitat 

for the Morro shoulderband snail. 

Permanent impacts resulting from the 

construction of the trails, boardwalk, 

and viewing platforms would be 0.18 

acre and 0.03 acre, respectively. 

Additionally, there would be temporary 

impacts to 0.2 acre. Both the permanent 

and temporary impacts are expected to 

result in take of Morro shoulderband 

snail. 

The applicant proposes to implement 

measures to minimize and mitigate for 

the take of Morro shoulderband snails 

within the permit area. Minimization 

measures include: (1) Restriction of 

activities to the dry season (April 15– 

November 15); (2) implementation of 

training sessions for all construction 

and park personnel involved in 

construction of the project; (3) 

performance of preconstruction surveys 

prior to each day of activity involving 

ground disturbance or vegetation 

disturbance to construct the boardwalk 

and peninsula spur trail; (4) relocation 

of any living Morro shoulderband snails 

that are found during preconstruction 

surveys or during construction into 

adjacent suitable habitat; (5) installation 

of fencing to delineate work and nonwork areas; and (6) use of hand tools to 

the maximum extent possible. 

Mitigation for unavoidable take of 

Morro shoulderband snails would 

consist of the establishment and 

management of a permanent 

conservation area over approximately 

9.6 acres adjacent to the ADA trail and 

boardwalk system, closure and 

restoration to native habitat of all 

volunteer trails and redundant trails in 

the project area, and nonnative plant 

species removal. The HCP also 

considers effects from covered activities 

on, as well as conservation measures 

for, the California seablite (Suaeda 

californica), a threatened plant species 

occurring in the estuarine habitat 

adjacent to the project area. 

In the proposed plan, the applicant 

considers three alternatives to the taking 

of listed species in the proposed project. 

The No Action Alternative would 

maintain current conditions, the project 

would not be implemented, and an 

incidental take permit application 

would not be submitted to the Service. 

The second alternative would involve a 

redesign of the Marina Peninsula Trail 

Project. Although a reduction in the 

development area would be possible on 

the property, it is anticipated that such 

a reduction would result in a trail 


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