51872 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 

Total Estimated Burden Hours: 

777,494. 

Status: New Collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: October 1, 2009. 

Lillian Deitzer, 

Departmental Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. E9–24298 Filed 10–7–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2009–N195; 10120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit Application, 

Northern Spotted Owl, Oregon 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Reopening of public comment 

period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

for the Oregon Department of Forestry’s 

(ODF) enhancement of survival permit 

(permit) application under the 

Endangered Species Act of 1973, as 

amended. The permit application 

includes a proposed programmatic safe 

harbor agreement (Agreement) between 

ODF, the U.S. Department of 

Agriculture—Natural Resources 

Conservation Service (NRCS), and the 

Service. The requested permit would 

authorize ODF to extend incidental take 

coverage with assurances through 

issuance of Certificates of Inclusion to 

eligible landowners willing to carry out 

habitat management measures expected 

to benefit the northern spotted owl 

(Strix occidentalis caurina), which is 

federally listed as threatened. We are 

reopening the comment period for 30 

days. The original notice of availability 

was published in the Federal Register 

on July 21, 2009 (74 FR 35883), and 

contains additional information 

regarding the permit application. 

Previous comments need not be 

resubmitted. 

DATES: To ensure consideration, please 

send your written comments by 

November 9, 2009. 

ADDRESSES: You may submit your 

written comments to State Supervisor 

(see SUPPLEMENTARY INFORMATION

below). Include your name and address 

in your comments and refer to the 

‘‘Spotted Owl Programmatic Safe Harbor 

Agreement.’’ 

FOR FURTHER INFORMATION CONTACT: 

Richard Szlemp (see SUPPLEMENTARY

INFORMATION below), telephone (503) 

231–6179. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800/877–8339, 

24 hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

Document Availability 

You may obtain copies of the draft 

documents by contacting the State 

Supervisor, Oregon Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2600 SE. 98th Ave., Suite 100, Portland, 

OR 97266; telephone (503) 231–6179; 

facsimile (503) 231–6195; or by making 

an appointment to view the documents 

at the above address during normal 

business hours. You may also view the 

documents on the Internet at http:// 

www.fws.gov/oregonfwo/species/. The 

Service is furnishing this notice to 

provide the public, other State and 

Federal agencies, and interested Tribes 

an opportunity to review and comment 

on the draft documents. 

Public Availability of Comments 

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. 

The Service will evaluate the permit 

application, associated documents, and 

comments submitted thereon to 

determine whether the permit 

application meets the requirements of 

section 10(a)(1)(A) of the Act and that 

other applicable requirements have been 

satisfied. If we determine that all 

requirements are met, we will sign the 

Agreement and issue an enhancement of 

survival permit under section 

10(a)(1)(A) of the Act to ODF for the 

take of northern spotted owls, incidental 

to otherwise lawful activities in 

accordance with the terms of the 

Agreement. This notice is provided 

pursuant to section 10(c) of the Act and 

NEPA regulations (40 CFR 1506.6). 

Dated: October 2, 2009. 

Miel Corbett, 

Acting State Supervisor, Fish and Wildlife 

Service, Oregon Fish and Wildlife Office, 

Portland, Oregon. 

[FR Doc. E9–24346 Filed 10–7–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–MB–2009–N193; 80213–9410– 

0000–7B] 

Federal Sport Fish Restoration; 

California Department of Fish and 

Game Fish Hatchery and Stocking 

Program 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

request for comments: draft 

environmental impact report/ 

environmental impact statement (EIR/ 

EIS). 

SUMMARY: The U.S. Fish and Wildlife 

Service (FWS) announces the 

availability of the draft EIR/EIS for the 

California Department of Fish and 

Game’s (CDFG) Fish Hatchery and 

Stocking Program (Program). FWS is 

lead agency, under the National 

Environmental Policy Act (NEPA) of 

1969, as amended, for the draft EIR/EIS 

jointly prepared with CDFG. Under the 

Sport Fish Restoration Act (SFRA), FWS 

proposes to fund actions associated with 

the operation of CDFG’s 14 trout 

hatcheries and the Mad River Hatchery 

for the anadromous steelhead, and 

stocking from the 15 hatcheries. The 

Federal action does not include funding 

CDFG’s other anadromous fish 

hatcheries and associated stocking, nor 

its issuance of private stocking permits. 

SFRA funding may also support CDFG’s 

Fishing in the City and Classroom 

Aquarium Education Programs. CDFG is 

the lead agency under the California 

Environmental Quality Act (CEQA) and 

proposes to implement hatchery 

operations and stocking funded by FWS, 

as well as all other components of the 

CDFG Program, including anadromous 

fish hatchery operations and associated 

stocking, and issuance of stocking 

permits to private parties seeking to 

stock fish in California’s inland waters. 

We invite and encourage interested 

persons to review the draft EIR/EIS and 

submit written comments regarding 

alternatives addressed in the document. 

DATES: We must receive written 

comments at the address below on or 

before November 30, 2009. We will hold 

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Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 51873 

four public meetings to solicit 

comments. The meeting dates are: 

1. Wednesday, October 21, 2009, from 

5:30 p.m. to 7:30 p.m., Sacramento, CA. 

2. Monday, October 26, 2009, from 

5:30 p.m. to 7:30 p.m., Redding, CA. 

3. Wednesday, October 28, 2009, from 

5:30 p.m. to 7:30 p.m., Bakersfield, CA. 

4. Thursday, October 29, 2009, from 

5:30 p.m. to 7:30 p.m., Carson, CA. 

ADDRESSES: The public meeting 

locations are: 

1. Sacramento—Elks Lodge, 6446 

Riverside Boulevard, Sacramento, CA 

95831. 

2. Redding—Shasta Builder’s 

Exchange Training Facility, Shasta 

Room, 2985 Innsbruck Drive, Redding, 

CA 96003. 

3. Bakersfield—Double Tree Hotel, 

California Grill Room, 3100 Camino Del 

Rio Court, Bakersfield, CA 93308. 

4. Carson—Carson Community 

Center, Main Hall, 3 Civic Plaza Drive, 

Carson, CA 90745. 

Mail comments to Mr. Bart Prose, U.S. 

Fish and Wildlife Service, 2800 Cottage 

Way, Room W–1729, Sacramento, CA 

95825; via e-mail to bart_prose@fws.gov; 

or via fax to (916) 978–6155. Copies of 

the draft EIR/EIS can be downloaded 

from the CDFG Web site at http:// 

www.dfg.ca.gov/news/pubnotice/ 

hatchery/. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bart Prose, (916) 978–6152 (phone); 

bart_prose@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: Under the 

SFRA (Pub. L. 106–408), FWS has 

authority to grant Federal funds from 

the Sport Fish Restoration and Boating 

Trust Fund to support actions 

associated with CDFG’s Program. The 

Trust Fund is financed through 

collection of excise taxes on sportfishing equipment, electric motors, and 

sonar; import duties on fishing tackle, 

yachts, and pleasure craft; the portion of 

gasoline tax attributable to motorboats 

and small engines; and interest on the 

Trust Fund. 

CDFG has been rearing and stocking 

fish in the inland waters of California 

since the late 1800s, when the State of 

California enacted legislation to restore 

and preserve fish in State waters. This 

legislation called for the newly formed 

California State Fish and Game 

Commission, to establish ‘‘fish 

breederies’’ to stock and supply streams, 

lakes, and bays with both foreign and 

domestic fish. Since that time in the late 

1800s, CDFG has continued that 

mandate by rearing and stocking both 

inland trout and anadromous species of 

fish reared at 24 hatcheries and planting 

bases located throughout the state. 

For the past approximately 100 years, 

CDFG has stocked nonnative trout 

throughout the State. CDFG’s Program 

currently operates 14 trout hatcheries 

throughout the state, rearing 6 trout 

species and 3 salmon species. Trout 

hatcheries rear rainbow, golden, 

cutthroat, brown, lake, and brook trout. 

Salmon species reared include Chinook, 

Coho, and kokanee. CDFG’s Mad River 

Hatchery for anadromous fish presently 

rears only steelhead. Over the past 5 

years, CDFG planted over 3.6 million 

pounds of combined trout and inland 

salmon, annually, from its 14 trout 

hatcheries into hundreds of locations, 

including high mountain lakes, low 

elevation reservoirs, and various 

streams and creeks. The Mad River 

Hatchery planted over 39,000 pounds of 

steelhead, annually, into the Mad River. 

Funding CDFG Program activities 

provides freshwater angling 

opportunities and recreation throughout 

the state. Operations and stocking 

associated with the 14 trout hatcheries 

and the Mad River anadromous fish 

hatchery are eligible for SFRA grants. 

FWS does not fund operations or 

stocking associated with other 

anadromous hatcheries because they are 

mitigation hatcheries, which are funded 

through other sources. 

In 2005, State Assembly Bill 7 added 

Section 13007 to the California Fish and 

Game Code (FGC 13007), which 

established annual minimum release 

targets for hatchery trout based upon 

sport-fishing license sales, and required 

CDFG to deposit one-third of sportfishing license fees into its Hatchery and 

Inland Fisheries Fund for specified 

fisheries management purposes. Per 

CDFG’s implementation plan for FGC 

13007, funding for the stocking program 

was scheduled to increase from almost 

$8 million for State fiscal year (FY) 

2005–2006, to $15 million for State FY 

2006–2007. In addition, a State court 

order in 2006 required CDFG to 

complete an environmental review for 

its Program. To expediently address 

Program changes due to FGC 13007, the 

court-ordered environmental review, 

and associated SFRA funding 

contributions to the Program, FWS and 

CDFG agreed to prepare a joint EIR/EIS. 

FWS published a notice of intent to 

prepare the EIR/EIS in the Federal 

Register on August 5, 2008 (73 FR 

45470). 

The objectives of CDFG’s Program are 

to continue the rearing and stocking of 

fish for the recreational use of anglers, 

while balancing the interaction between 

State- and privately stocked fish and 

threatened and endangered species. The 

purpose of FWS’s proposed SFRA 

funding is to support operations of 

CDFG’s 14 trout hatcheries and the Mad 

River Hatchery for the anadromous 

steelhead, and associated stocking of 

fish produced at those hatcheries. SFRA 

funding also supports CDFG’s Fishing in 

the City and Classroom Aquarium 

Education Programs. The need 

addressed by the proposed action is the 

support of viable recreational fishing in 

California, through increased angler 

success that is provided by stocking of 

hatchery fish in both urban and rural 

water bodies. Provision of SFRA funds 

for support of private stocking permits, 

or operation of other anadromous fish 

hatcheries and their associated stocking 

efforts, is outside the scope of actions 

contemplated by FWS at this time. 

Hatchery operations and stocking 

activities associated with CDFG’s inland 

water hatchery program, including 

potential increases in fish rearing and 

stocking in the future, have been 

evaluated for their effects on the 

environment. Potential impacts to 

native amphibians and fish, which have 

experienced declines within the state, 

are of chief interest. Results of the 

evaluations and alternative courses of 

action are presented in the draft EIR/ 

EIS, in accordance with CEQA (PRC 

21000 et seq.) and NEPA (42 U.S.C. 

4321 et seq.). 

Alternatives 

Four alternatives were developed for 

CDFG’s Fish Hatchery and Stocking 

Program, and each is included for 

detailed analysis in the draft EIS/EIR. 

All Program components are subject to 

CEQA, but only the subset of 

components with Federal discretionary 

involvement (associated with SFRA 

funding) are subject to NEPA; i.e., 

operations of CDFG’s 14 trout hatcheries 

and the Mad River Hatchery for 

steelhead, associated stocking of fish 

produced at those hatcheries, and the 

Fishing in the City and Classroom 

Aquarium Education Programs. Only 

the components of the 4 alternatives 

pertinent to NEPA are described here. 

Preferred Alternative 

Under the Preferred Alternative, FWS 

will continue to provide funding, as 

modified by certain mitigation 

provisions, for operations of CDFG’s 14 

trout hatcheries and the Mad River 

Hatchery for steelhead, and associated 

stocking of fish produced at those 

hatcheries. Although hatchery 

operations will remain unchanged from 

those conducted during the last 5 years, 

decisions on stocking of trout will be 

made using a statewide tiered review 

process that emphasizes protection of 

native, sensitive, or legally protected 

species. In high mountain lake areas 

where Aquatic Biodiversity 

Management Plans (ABMPs) have been 

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51874 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 

prepared, stocking will continue to 

follow guidelines that ensure expansion 

of habitats for native amphibians and 

fish. In areas without ABMPs, trout 

stocking will be based on site-specific 

evaluations of risk to native, sensitive, 

or legally protected species. Where 

appropriate surveys have yet to be 

completed, stocking will be suspended 

until the appropriate evaluations have 

been completed. ABMPs or other similar 

plans may be developed and 

implemented prior to reinitiation of 

stocking in those locations. Depending 

on the specific location, such plans 

could include eradication of nonnative 

fish from water bodies currently or 

formerly harboring sensitive native 

species, genetic analysis of native fish to 

determine degree of hybridization, 

cessation of nonnative trout stocking in 

waters occupied by native trout 

populations, and implementation of 

measures consistent with FWS recovery 

plans and CDFG management plans. 

Stocking of Mad River steelhead will 

continue with measures intended to 

reduce the interaction between hatchery 

reared fish and naturally reproducing 

populations and consistent with the 

Draft Hatchery and Genetic Management 

Plan submitted to the National Marine 

Fisheries Service. The Fishing in the 

City and Classroom Aquarium 

Education Programs will continue under 

uniform protocols developed to ensure 

that stocking locations are properly 

screened to protect native, sensitive, 

and legally protected species. 

Implementation of Program activities 

following development of any ABMPs 

or uniform protocols for the Fishing in 

the City and Classroom Aquarium 

Education Programs may require 

additional, site-specific NEPA 

compliance tiered from the EIR/EIS. 

Continuation of Interim Program 

Provisions Alternative 

Under the Continuation of Interim 

Program Provisions Alternative, FWS 

will continue to provide funding for 

operations of CDFG’s 14 trout hatcheries 

and the Mad River Hatchery for 

steelhead, and associated stocking of 

fish produced at those hatcheries, 

consistent with the court-ordered 

prohibitions and exceptions on fish 

stocking that were put into place for the 

interim period between the date of the 

court order and completion of the EIR/ 

EIS. The interim provisions prohibit 

stocking nonnative fish in any 

California fresh water body where 

surveys have demonstrated the presence 

of 25 specified amphibian or fish 

species, or where a survey for those 

species has not yet been completed. The 

order does not address the stocking of 

native fish into native waters. 

Exceptions to the prohibitions include 

stocking in human-made reservoirs 

larger than 1000 acres; stocking in 

human-made reservoirs less than 1000 

acres that are not connected to a river 

or stream, are not within California redlegged frog critical habitat, or are not 

where California red-legged frogs are 

known to exist; stocking as required for 

state or federal mitigation; stocking for 

the purpose of enhancing salmon and 

steelhead populations and funded by 

the Commercial Trollers Salmon Stamp; 

stocking of steelhead from the Mad 

River Hatchery into the Mad River 

Basin; CDFG’s Aquarium in the 

Classroom program; stocking actions to 

support scientific research; and stocking 

done under an existing private stocking 

permit or to be completed under a new 

permit with terms similar to one that 

was issued in the last 4 years. The 

Fishing in the City and Classroom 

Aquarium Education Programs will 

continue under uniform protocols 

developed to ensure that stocking 

locations are properly screened to 

protect native, sensitive, and legally 

protected species. 

Continuation of Existing Program 

Alternative 

The Continuation of Existing Program 

Alternative (consistent with the CEQA 

No Project Alternative) is continuation 

of SFRA funding for the existing Fish 

Hatchery and Stocking Program. The 

hatcheries’ operation and stocking 

activities undertaken by CDFG over the 

past 5 years would continue unchanged 

(some activities may be inconsistent 

with the court-ordered prohibitions and 

exceptions), and the SFRA funding 

process for these activities will continue 

as it has over the same period. 

No Action Alternative 

Under the No Action Alternative, 

FWS would not approve SFRA grant 

funds to be used by CDFG to support 

actions associated with operations of the 

CDFG Fish Hatchery and Stocking 

Program. Because of State statutory and 

public trust requirements related to the 

hatchery program, CDFG would attempt 

to continue to implement its State 

hatchery program, seeking other funding 

sources to replace the Federal funds. 

Special Assistance for Public Meetings 

If special assistance is required at the 

public meetings, please contact Mr. Bart 

Prose, (916) 978–6152 (phone); 

bart_prose@fws.gov (e-mail). Please 

notify Mr. Prose as far in advance of the 

meetings as possible to enable FWS to 

secure the needed services. If a request 

cannot be honored, the requestor will be 

notified. 

Public Disclosure 

Before including your name, address, 

phone number, e-mail address, or other 

personal identifying information in 

comments, please 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 use the comments to 

prepare a final EIR/EIS. A decision will 

be made no sooner than 30 days after 

the publication of the final EIR/EIS. We 

anticipate that a Record of Decision will 

be issued by FWS in 2010. 

Authority: National Environmental Policy 

Act (42 U.S.C. 4321 et seq.); Regulations for 

Implementing the Procedural Provisions of 

the National Environmental Policy Act (40 

CFR parts 1500–1508). 

Dated: October 2, 2009. 

Margaret Kolar, 

Acting Regional Director. 

[FR Doc. E9–24342 Filed 10–7–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of amendment to 

Approved Tribal-State Compact 

SUMMARY: This notice publishes the 

Approval of the Eighth Amendment to 

the Tribal/State Compact for Class III 

Gaming between the Tulalip Tribe of 

Washington and the State of 

Washington. 

DATES: Effective Date: October 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Acting Director, Office of 

Indian Gaming, Office of the Deputy 

Assistant Secretary—Policy and 

Economic Development, Washington, 

DC 20240, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of the 

approved Tribal-State Compact 

Amendment for the purpose of engaging 

in Class III gaming activities on Indian 

lands. The Amendment clarifies and 

generally simplifies what kind of 

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