Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 55007 

Definitions Related to This Notice 

The following definitions are 

provided to assist those persons who 

contemplate submitting information 

regarding the species being reviewed—

(A) Species includes any species or 

subspecies of fish, wildlife, or plant, 

and any distinct population segment of 

any species of vertebrate, which 

interbreeds when mature; (B) 

Endangered means any species that is in 

danger of extinction throughout all or a 

significant portion of its range; (C) 

Threatened means any species that is 

likely to become an endangered species 

within the foreseeable future throughout 

all or a significant portion of its range. 

How Do We Determine Whether a 

Species Is Endangered or Threatened? 

Section 4(a)(1) of the Act establishes 

that we determine whether a species is 

endangered or threatened based on one 

or more of the five following factors—

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (B) 

Overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) Disease or predation; (D) 

The inadequacy of existing regulatory 

mechanisms; or (E) Other natural or 

manmade factors affecting its continued 

existence. Section 4(a)(1) of the Act 

requires that our determination be made 

on the basis of the best scientific and 

commercial data available. 

What Could Happen as a Result of This 

Review? 

If we find that there is new 

information concerning Kendall Warm 

Springs dace, Dudley Bluffs bladderpod, 

and Dudley Bluffs twinpod indicating a 

change in classification may be 

warranted, we may propose a new rule 

that could do one of the following—(a) 

reclassify the species from endangered 

to threatened (downlist); (b) reclassify 

the species from threatened to 

endangered (uplist); or (c) remove the 

species from the List. If we determine 

that a change in classification is not 

warranted, then these species will 

remain on the List under their current 

status. 

Authority 

This document is published under the 

authority of the Endangered Species Act 

of 1973, as amended (16 U.S.C. 1531 et 

seq.). 

Dated: August 15, 2006. 

James J. Slack, 

Regional Director, Denver, Colorado. 

[FR Doc. 06–7924 Filed 9–19–06; 8:45 am] 

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DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Draft Safe Harbor Agreement and 

Application for an Enhancement of 

Survival Permit for the Tempe Reach of 

the Rio Salado Environmental 

Restoration Project 

AGENCY: U.S. Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; receipt of 

application; request for comments. 

SUMMARY: The City of Tempe 

(Applicant) has applied to the U.S. Fish 

and Wildlife Service (Service) for an 

enhancement of survival permit. The 

requested permit, which is for a period 

of 50 years, would authorize incidental 

take of Yuma clapper rail (Rallus 

longirostris yumanensis), southwestern 

willow flycatcher (Empidonax traillii 

extimus), and bald eagle (Haliaeetus 

leucocephalus) as a result of operation 

and maintenance activities associated 

with the Rio Salado Project. We invite 

public comment. 

DATES: To ensure consideration, written 

comments must be received on or before 

October 20, 2006. 

ADDRESSES: Persons wishing to review 

the application, draft Safe Harbor 

Agreement (SHA), or other related 

documents may obtain a copy by 

written or telephone request to the Field 

Supervisor, U.S. Fish and Wildlife 

Service, Arizona Ecological Services 

Office, 2321 West Royal Palm Road, 

Suite 103, Phoenix, Arizona 85021–

4951 (602/242–0210). Electronic copies 

of these documents will also be 

available for review on the Arizona 

Ecological Services Office Web site, 

http://www.fws.gov/arizonaes/. The 

application and related documents will 

be available for public inspection, by 

appointment only, during normal 

business hours (8 a.m. to 4:30 p.m.) at 

the Service’s Phoenix office. Comments 

concerning the application, draft SHA, 

or other related documents should be 

submitted in writing to the Field 

Supervisor (address above) or by fax to 

(602) 242–2513. Please refer to permit 

number TE–133286–0 when submitting 

comments. All comments received, 

including names and addresses, will 

become a part of the official 

administrative record and may be made 

available to the public. 

FOR FURTHER INFORMATION CONTACT: 

Mike Martinez at the U.S. Fish and 

Wildlife Service, 2321 West Royal Palm 

Road, Suite 103, Phoenix, Arizona 

85021–4951, 602/242–0210 x224, or by 

email at Mike_Martinez@fws.gov. 

SUPPLEMENTARY INFORMATION: The 

Applicant has applied to the Service for 

an enhancement of survival permit 

pursuant to Section 10(a)(1)(A) of the 

Endangered Species Act (Act), as 

amended. 

The Applicant plans to conduct 

operation and maintenance activities 

associated with the Rio Salado Project, 

including maintenance of habitat 

vegetation; reintroduction of non-listed 

species into created habitat; 

maintenance and operation of urban 

park and landscaping; maintenance of 

trails, paths, and service roads; 

maintenance of water quality and flood 

control capability within the Salt River, 

Indian Bend Wash, and Tempe Town 

Lake; the planning, development, and 

operation of urban (public and private) 

development adjacent to the Tempe 

Town Lake; and operation of events on 

Tempe Town Lake and within the linear 

park adjacent to Tempe Town Lake. The 

Rio Salado Project is a cooperative 

project between the Applicant and the 

U.S. Army Corps of Engineers to restore, 

enhance, and maintain 182 acres of 

native riparian and wetland vegetation 

along the Salt River from McClintock 

Drive to Priest Drive (excluding Tempe 

Town Lake) and Indian Bend Wash from 

McKellips Road to the confluence with 

the Salt River. 

A final rule to delist the cactus 

ferruginous pygmy-owl (Glaucidium 

brasilianum cactorum) was published in 

the Federal Register on April 14, 2006 

(71 FR 19452). As a non-listed species, 

the cactus ferruginous pygmy-owl 

cannot be a covered species in the SHA. 

However, the Applicant intended that 

the species be covered in the SHA and 

will continue to provide the same 

conservation measures originally 

described in the agreement. 

Section 9 of the Act prohibits take of 

threatened or endangered species. 

However, the Service, under limited 

circumstances, may issue permits to 

take threatened and endangered wildlife 

species incidental to, and not the 

purpose of, otherwise lawful activities. 

We provide this notice under section 

10(c) of the Act (16 U.S.C. 1531 et seq.) 

and its implementing regulations (50 

CFR 17.22), and the National 

Environmental Policy Act (42 U.S.C. 

4371 et seq.) and its implementing 

regulations (40 CFR 1506.6). 

Christopher Todd Jones, 

Acting Regional Director, Region 2, 

Albuquerque, New Mexico. 

[FR Doc. 06–8006 Filed 9–19–06; 8:45 am] 

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