Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 48285 

intensive habitat restoration and 

wetland creation in the atoll. 

Subsequently, the duck population at 

Midway Atoll has grown rapidly and 

currently comprises 200 to 300 

individuals despite mortality from an 

outbreak of avian botulism in 2008. 

This revised recovery plan replaces 

the original recovery plan for the Laysan 

duck, which was published in 1982. 

The strategy presented in this revised 

recovery plan includes (1) management 

to address threats to the species where 

it occurs now (Laysan Island and 

Midway Atoll) and (2) improvement of 

the species’ distribution and total 

population size through protection and 

enhancement of suitable habitat in the 

Northwestern and Main Hawaiian 

Islands and reduction or elimination of 

threats to allow reestablishment of 

additional wild populations. The 

recovery actions are designed to assess 

and address threats to the Laysan duck; 

create, monitor, and manage new selfsustaining populations; and fill critical 

gaps in our scientific knowledge of the 

species. The recovery goal is to downlist 

the Laysan duck to threatened status 

and eventually delist the species 

(remove it from the List of Endangered 

and Threatened Wildlife and Plants). 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533(f). 

Dated: July 7, 2009. 

David J. Wesley, 

Acting Regional Director, Region 1, U.S. Fish 

and Wildlife Service. 

[FR Doc. E9–22829 Filed 9–21–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2009–N159; 20124–1112– 

0000–F2] 

Environmental Impact Statement and 

Habitat Conservation Plan; Oncor 

Electric Delivery Company; Routine 

Maintenance and Repair of Facilities 

and Installation and Operation of New 

Facilities 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to prepare a 

draft environmental impact statement 

and draft habitat conservation plan; 

announcement of meetings; request for 

comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), advise the 

public that we intend to prepare a draft 

Environmental Impact Statement (EIS) 

to evaluate the impacts of, and 

alternatives to, the proposed issuance of 

an Endangered Species Act permit to 

Oncor Electric Delivery Company 

(Oncor; Applicant) for incidental take of 

10 federally listed species from 

activities associated with maintenance 

and repair of existing facilities and 

installation and operation of new 

facilities within Oncor’s service area. 

We also announce plans for a series of 

public scoping meetings located 

throughout Oncor’s service area and a 

public comment period. 

DATES: Written comments on 

alternatives and issues to be addressed 

in the draft EIS must be received by 

close of business on December 1, 2009. 

Public scoping meetings will be held at 

nine locations throughout Oncor’s 

proposed 103-county permit area. 

Public meetings will be held between 

September 28, 2009, and October 28, 

2009. Exact meeting locations and times 

will be noticed in local newspapers and 

at the Austin Ecological Services Office 

Web site, http://www.fws.gov/ 

southwest/es/AustinTexas/, at least 2 

weeks prior to each event. 

ADDRESSES: Send written comments or 

requests for information by mail to the 

Field Supervisor, Austin Ecological 

Services Field Office, 10711 Burnett 

Road, Suite 200, Austin, TX 78758– 

4460; telephone 512/490–0057; 

facsimile 512/490–0974; or e-mail 

luela_roberts@fws.gov. Note that your 

information request or comments 

concern the Oncor draft EIS/HCP. 

SUPPLEMENTARY INFORMATION: This 

notice is published in compliance with 

the National Environmental Policy Act 

(NEPA) of 1969, as amended (42 U.S.C. 

4321 et seq.), and its implementing 

regulations (40 CFR 1506.6), and section 

10(c) of the Endangered Species Act of 

1973, as amended (Act; 16 U.S.C. 1531 

et seq.). The Service intends to gather 

the information necessary to determine 

impacts and alternatives to support a 

decision regarding the potential 

issuance of an incidental take permit to 

the Applicant, and the implementation 

of the supporting draft HCP. 

The Service intends to prepare a draft 

EIS to evaluate the impacts of, and 

alternatives to, the proposed issuance of 

an incidental take permit under the Act 

to the Applicant. The Applicant 

proposes to apply for an incidental take 

permit through development and 

implementation of an HCP. The 

proposed HCP will include measures 

necessary to minimize and mitigate the 

impacts to the maximum extent 

practicable of potential proposed taking 

of federally listed species and the 

habitats upon which they depend 

during routine maintenance and repair 

of existing Oncor facilities and 

installation and operation of new Oncor 

facilities within Oncor’s service area. 

Background 

Section 9 of the Act prohibits 

‘‘taking’’ of fish and wildlife species 

listed as endangered or threatened 

under section 4 of the Act. Under the 

Act, the term ‘‘take’’ means to harass, 

harm, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect, or attempt to 

engage in any such conduct. The term 

‘‘harm’’ is defined in the regulations as 

significant habitat modification or 

degradation that results in death or 

injury to listed species by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, or 

sheltering (50 CFR 17.3). The term 

‘‘harass’’ is defined in the regulations as 

actions that create the likelihood of 

injury to listed species to such an extent 

as to significantly disrupt normal 

behavioral patterns which include, but 

are not limited to, breeding, feeding, or 

sheltering (50 CFR 17.3). However, the 

Service may, under specified 

circumstances, issue permits that allow 

the take of federally listed species, 

provided that the take incidental to, but 

not the purpose of, otherwise lawful 

activity. Regulations governing permits 

for endangered and threatened species 

are at 50 CFR 17.22 and 17.32, 

respectively. 

Section 10(a)(1)(B) of the Act contains 

provisions for issuing such incidental 

take permits to non-Federal entities for 

the take of endangered and threatened 

species, provided the following criteria 

are met: (1) The taking will be 

incidental; (2) The applicant will, to the 

maximum extent practicable, minimize 

and mitigate the impact of such taking; 

(3) The applicant will develop a draft 

HCP and ensure that adequate funding 

for the plan will be provided; (4) The 

taking will not appreciably reduce the 

likelihood of the survival and recovery 

of the species in the wild; and (5) The 

applicant will carry out any other 

measures that we may require as being 

necessary or appropriate for the 

purposes of the habitat conservation 

plan. 

Thus, the purpose of issuing a permit 

is to allow Oncor to maintain the 

efficiency of its projects and operations, 

while preserving protected species and 

their habitat. Adoption of a multispecies 

habitat conservation approach, rather 

than a species-by-species/project-byproject approach, will reduce the costs 

of implementing species minimization 

and mitigation measures, and eliminate 

cost and time-consuming efforts 

associated with processing individual 

incidental take permits for each project 


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48286 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 

within Oncor’s 106-county service area. 

In addition, the multispecies habitat 

conservation plan approach provides a 

program of minimization, including 

avoidance, and mitigation for each 

species that is coordinated on a 

landscape level and provides increased 

benefits to the covered species. The 

Service expects that the Applicant will 

request permit coverage for a period of 

30 years. 

Scoping Meetings 

The purpose of the scoping meetings 

is to provide the public with a general 

understanding of the background of the 

proposed HCP and activities that would 

be covered by the draft HCP, alternative 

proposals under consideration for the 

draft EIS, and the Service’s role and 

steps to be taken to develop the draft 

EIS for the draft HCP. The meeting 

format will consist of a 1-hour open 

house prior to the formal scoping 

meeting that will provide an 

opportunity to learn about the proposed 

action, permit area, and species covered. 

The open house will be followed by a 

formal presentation of the proposed 

action, summary of the NEPA process, 

and presentation of oral comments from 

meeting participants. A court reporter 

will be present at each meeting and an 

interpreter will be present when 

deemed necessary. The primary purpose 

of these meetings and public comment 

period is to solicit suggestions and 

information on the scope of issues and 

alternatives to consider when drafting 

the EIS. Oral and written comments will 

be accepted at the meetings. Comments 

can also be submitted to persons listed 

in the ADDRESSES section. Once the draft 

EIS and draft HCP are completed and 

noticed for review, there will be 

additional opportunity for public 

comment on the content of these 

documents through an additional public 

hearing and comment period. 

Alternatives 

The proposed action presented in the 

draft EIS will be compared to the NoAction alternative. The No-Action 

alternative represents estimated future 

conditions to which the proposed 

action’s estimated future conditions can 

be compared. 

No-Action Alternative 

Because the proposed covered 

activities (operation and maintenance of 

existing lines and construction and 

operation of new lines) are vital in 

providing services to accommodate 

future population growth and energy 

demand, these activities would continue 

regardless of whether a 10(a)(1)(B) 

permit is sought or issued. The 

Applicant would continue to avoid and 

minimize impacts to protected species 

habitat. Where potential impacts could 

not be avoided, and where a Federal 

nexus exists, they would be minimized 

and mitigated for through individual 

formal or informal consultation with the 

Service. Thus, the Applicant would 

potentially need an individual section 

10(a)(1)(B) incidental take permit on a 

project-by-project basis if activities 

might result in the incidental take of a 

federally protected species within the 

proposed permit area. Although future 

activities by the Applicant would be 

similar to those covered by the HCP, not 

all activities would necessitate an 

incidental take permit or even informal 

consultation with the Service. Thus, 

under this alternative, numerous 

individual section 10(a)(1)(B) permit 

applications would likely be filed over 

the 30-year project period. This projectby-project approach would be more 

time-consuming, less efficient, and 

could result in an isolated independent 

mitigation approach. 

Proposed Alternative 

The proposed action is the issuance of 

an incidental take permit for the 

covered species during construction, 

operation, and/or maintenance of the 

Applicant’s transmission and 

distribution electrical facilities within 

the proposed permit area for a period of 

30 years. The proposed HCP, which 

must meet the requirements in section 

10(a)(2)(A) of the Act by providing 

measures to minimize and mitigate the 

effects of the potential incidental take of 

covered species to the maximum extent 

practicable, would be developed and 

implemented by the Applicant. This 

alternative could allow for a 

comprehensive mitigation approach for 

unavoidable impacts and reduce the 

permit processing effort for the Service. 

Actions covered under the requested 

incidental take permit may include 

general activities associated with new 

construction, maintenance, and 

emergency response and restoration, 

including stormwater discharges from 

construction sites, equipment access, 

and surveying. Construction activities 

covered for new facilities would include 

new overhead transmission and 

distribution lines, new support facilities 

such as substations and switching 

stations, adding a second circuit on an 

existing structure, and underground 

electric installation. Typical 

maintenance activities would include 

vegetation management within a rightof-way, expansion of existing support 

facilities, line upgrades, insulator 

replacement, and maintenance of 

underground electric facilities. 

The Applicant expects to apply for an 

incidental take permit for ten species 

listed as endangered or threatened 

within the Oncor service area. These 

species include four plants (large-fruited 

sand verbena, Texas poppy-mallow, 

Navasota ladies’-tresses, and Pecos 

sunflower), one invertebrate (American 

burying beetle), one amphibian 

(Houston toad), three birds (goldencheeked warbler, black-capped vireo, 

and red-cockaded woodpecker), and one 

mammal (Louisiana black bear). 

Counties included in the proposed 

permit area are those counties within 

the 105-county Oncor service area, 

excluding Travis and Williamson 

counties. These two counties are 

excluded because species in them are 

covered under the Balcones Canyonland 

Plan and the Williamson County 

Regional HCP. 

Species not covered by the proposed 

incidental take permit will also be 

addressed in the draft HCP. These 

species include candidate species and 

federally listed species not likely to be 

affected by the covered activities. The 

purpose of addressing the additional 

species is to explain why the Applicant 

believes these species will not be 

impacted by the covered activities. 

Other alternatives considered will 

also be addressed in the draft EIS, 

including impacts associated with each 

alternative evaluated will be discussed 

in the draft EIS. 

Public Availability of Comments 

Written comments we receive become 

part of the public record associated with 

this action. Before including your 

address, phone number, e-mail address, 

or other personal identifying 

information in your comment, you 

should be aware that the 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. 

Environmental Review 

The Service will conduct an 

environmental review to analyze the 

proposed action, as well as other 

alternatives evaluated and the 

associated impacts of each. The draft 

EIS will be the basis for the impact 

evaluation for each species covered and 

the range of alternatives to be addressed. 

The draft EIS is expected to provide 

biological descriptions of the affected 

species and habitats, as well as the 

effects of the alternatives on other 

resources such as vegetation, wetlands, 


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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices 48287 

wildlife, geology and soils, air quality, 

water resources, water quality, cultural 

resources, land use, recreation, water 

use, local economy, and environmental 

justice. 

Following completion of the 

environmental review, the Service will 

publish a notice of availability and a 

request for comment on the draft EIS 

and the Applicant’s permit application, 

which will include the draft HCP. The 

draft EIS and draft HCP are expected to 

be completed and available to the public 

in early 2010. 

Thomas L. Bauer, 

Acting Regional Director, Region 2, 

Albuquerque, New Mexico. 

[FR Doc. E9–22742 Filed 9–21–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate a Cultural 

Item: Paul H. Karshner Memorial 

Museum, Puyallup, WA 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

Notice is here given in accordance 

with the Native American Graves 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3005, of the intent 

to repatriate a cultural item in the 

possession of the Paul H. Karshner 

Memorial Museum, Puyallup, WA, that 

meets the definition of ‘‘sacred object’’ 

under 25 U.S.C. 3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003 (d)(3). The determinations 

in this notice are the sole responsibility 

of the museum, institution, or Federal 

agency that has control of the cultural 

item. The National Park Service is not 

responsible for the determinations in 

this notice. 

Prior to 1935, one cultural item was 

removed from Lummi Island, Whatcom 

County, WA. It was purchased from 

Charles L. Judd by Dr. Warner Karshner, 

who donated the cultural item to the 

Paul H. Karshner Memorial Museum in 

1935 (Accession #1935.01). Museum 

records describe the object as a ‘‘spirit 

stick’’ (Catalog #1–453). The object has 

been identified by Lummi Tribal 

representatives as a sqwedilic board. 

The object is used in ceremonial dances 

to invoke ‘‘tamanus’’ or ‘‘healing 

power.’’ The board is made of unpainted 

wood that has been carved in a circular 

shape with two handles. The shape is 

consistent with photographs of other 

sqwedilic boards collected in the early 

1900s (Suttles and Lane 1990:498, fig. 

10). 

Published ethnographic 

documentation indicates that sqwedilic 

boards were used in winter ceremonies 

among some Central and Southern Coast 

Salish groups (Suttles and Lane 

1990:498). Sqwedilic was translated by 

one source to mean ‘‘guarding power’’ 

(Collins 1949). Sqwedilic boards are 

used for purification and finding lost 

articles (Suttles and Lane 1990:498). 

The museum consulted with the 

Lummi Tribe of the Lummi Reservation, 

Washington; Samish Indian Tribe, 

Washington; and Swinomish Indians of 

the Swinomish Reservation, 

Washington. During consultation with 

the Lummi Tribe, tribal representatives 

stated that Lummi Island is considered 

to be within their traditional territory. 

During consultation with the Samish 

Indian Tribe, representatives stated they 

did not consider Lummi Island to be 

within the exclusive territory of the 

Samish and did not consider the board 

to be affiliated with the Samish Indian 

Tribe. During consultation with the 

Swinomish Indians, representatives did 

not include Lummi Island within their 

list of traditional places. Based on 

provenience, consultation evidence and 

ethnographic evidence, the sqwedilic 

board is reasonably believed to be a 

sacred object that is culturally affiliated 

to the Lummi Tribe of the Lummi 

Reservation, Washington. 

Officials of the Paul H. Karshner 

Memorial Museum have determined 

that, pursuant to 25 U.S.C. 3001 (3)(C), 

the one cultural item described above is 

a specific ceremonial object needed by 

traditional Native American religious 

leaders for the practice of traditional 

Native American religions by their 

present-day adherents. Officials of the 

Paul H. Karshner Memorial Museum 

also have determined that, pursuant to 

25 U.S.C. 3001 (2), there is a 

relationship of shared group identity 

that can be reasonably traced between 

the sacred object and the Lummi Tribe 

of the Lummi Reservation, Washington. 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the sacred object should 

contact Dr. Jay Reifel, Assistant 

Superintendent, telephone (253) 840– 

8971 or Ms. Beth Bestrom, Museum 

Curator, Paul H. Karshner Memorial 

Museum, 309 4th St. NE, Puyallup, WA 

98372, telephone (253) 841–8748, before 

October 22, 2009. Repatriation of the 

sacred object to the Lummi Tribe of the 

Lummi Reservation, Washington may 

proceed after that date if no additional 

claimants come forward. 

The Paul H. Karshner Memorial 

Museum is responsible for notifying the 

Lummi Tribe of the Lummi Reservation, 

Washington; Samish Indian Tribe, 

Washington; and Swinomish Indians of 

the Swinomish Reservation, Washington 

that this notice has been published. 

Dated: September 8, 2009 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E9–22751 Filed 9–21–09; 8:45 am] 

BILLING CODE 4312–50–S 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate a Cultural 

Item: Illinois State Museum, 

Springfield, IL 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

Notice is here given in accordance 

with the Native American Graves 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3005, of the intent 

to repatriate a cultural item in the 

possession of the Illinois State Museum, 

Springfield, IL, that meets the definition 

of a ‘‘sacred object’’ under 25 U.S.C. 

3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003 (d)(3). The determination in 

this notice is the sole responsibility of 

the museum, institution, or Federal 

agency that has control of the cultural 

item. The National Park Service is not 

responsible for the determination in this 

notice. 

In 1955, the Logan Museum of 

Anthropology, Beloit College, Beloit, 

WI, acquired a large collection of objects 

from the estate of Albert Green Heath 

(1888–1953). In 1956, the Illinois State 

Museum purchased some cultural 

objects, including a wooden bowl, from 

the Heath Collection at the Logan 

Museum. Heath had lived in Chicago, 

but also had a second home in Harbor 

Springs, Emmett County, MI, near the 

Odawa community of Cross Village. 

Heath was well-known to members of 

the Odawa community, and he 

purchased a number of objects from 

various members of the Odawa 

community in the early 20th century. 

The wooden bowl (ISM catalog 

number 1956–0001–804982) is round 

and relatively shallow, with a flattened 

base, rounded sides, and a flat rim or 

lip. It measures 20.2 cm in diameter, 5.5 

cm high, and its rim is 8 mm thick. The 

base, rim, and inner walls are smooth, 

but the outer walls are marked with 

numerous vertical grooved lines that 

extend from the rim to the base. These 


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