50976 Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Notices 

shiner (Notropis topeka), which is listed 

as endangered under the Endangered 

Species Act, inhabits the tributary 

stream. Proposed operations of the well 

field may cause take of Topeka shiners 

in the stream. The maximum pumping 

rate for the well field will remain 

unchanged. Therefore, anticipated 

impacts to stream flow and water levels 

in the tributary are expected to be 

minor. 

The purposes of the HCP are to 

minimize incidental take, to mitigate the 

effects of any such take to the maximum 

extent practicable, and to avoid any 

appreciable reduction in the likelihood 

of the survival and recovery of this 

species in the wild. Topeka shiners rely 

on pools in the main channel of streams 

and off channel pools (e.g., oxbows). 

Therefore, the proposed mitigation 

strategy for the project is creation of 

new pool habitat in a stream reach 

inhabited by Topeka shiners. The 

Applicant proposes to follow the 

general design of similar pools 

constructed by the Service in Iowa at 

one of two proposed mitigation sites 

and to monitor the constructed habitat 

to ensure that it contains the physical 

habitat features essential to the 

conservation of Topeka shiners. The 

creation of new pool habitat, along with 

the proposed monitoring program, is 

intended to accomplish the following 

biological goals of the HCP: (1) Ensure 

that the current range of Topeka shiners 

in Minnesota is not diminished; and, (2) 

facilitate the ability of the existing 

Topeka shiners to increase their 

population stability and/or abundance 

within its current range. 

Decisions 

The Service will evaluate the permit 

application, the HCP, and the comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended. If the 

requirements are met, the Service will 

issue an incidental take permit to the 

Applicant for take of Topeka shiners 

incidental to the otherwise lawful 

activities of the project. The Service will 

not make a final decision until after the 

end of the 30-day comment period and 

will fully consider all comments 

received during the comment period. 

Authority 

This document is published under the 

authority of the Endangered Species Act 

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

Dated: August 29, 2007. 

Tony Sullins, 

Field Supervisor. 

[FR Doc. E7–17520 Filed 9–4–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Proposed Safe Harbor Agreement for 

the Oregon Chub, Lane County, OR 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; receipt of 

application. 

SUMMARY: Marilyn and Randy Sprick 

have applied to the U.S. Fish and 

Wildlife Service (Service) for an 

enhancement of survival permit 

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

Endangered Species Act of 1973, as 

amended (Act). The permit application 

includes a proposed Safe Harbor 

Agreement (Agreement) between Mr. 

and Mrs. Sprick, the Oregon Department 

of Fish and Wildlife, and the Service. 

The proposed term of the Agreement is 

10 years and the term of the permit is 

30 years. The requested permit would 

authorize Mr. and Mrs. Sprick to carry 

out habitat management measures that 

would benefit the federally-listed as 

endangered Oregon chub 

(Oregonichthys crameri). The covered 

area or geographic scope of this 

Agreement includes an artificial pond 

surrounded by a 100-foot buffer. We 

request comments from the public on 

the permit application, proposed 

Agreement, and related documents, 

which are available for review. 

DATES: Comments must be received 

from interested parties on or before 

October 5, 2007. The final permit 

decision will be made no sooner than 

October 5, 2007. 

ADDRESSES: You may obtain copies of 

the documents for review by contacting 

Richard Szlemp, U.S. Fish and Wildlife 

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

Portland, Oregon 97266; 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 through http:// 

www.fws.gov/oregonfwo/species/. You 

may submit your written comments to 

Kemper M. McMaster, State Supervisor, 

Fish and Wildlife Service, 2600 SE. 98th 

Ave., Suite 100, Portland, Oregon 

97266, or facsimile (503) 231–6195. 

Include your name and address in your 

comments and refer to the ‘Sprick SHA’. 

FOR FURTHER INFORMATION CONTACT: 

Richard Szlemp (see ADDRESSES) (503) 

231–6179. 

SUPPLEMENTARY INFORMATION: Under a 

Safe Harbor Agreement, participating 

landowners voluntarily undertake 

management activities on their property 

to enhance, restore, or maintain habitat 

benefiting species listed under the Act 

(16 U.S.C. 1531 et seq.). Safe Harbor 

Agreements, and the subsequent 

enhancement of survival permits that 

are issued pursuant to section 

10(a)(1)(A) of the Act, encourage private 

and other non-federal property owners 

to implement conservation efforts for 

listed species by assuring the 

landowners that they will not be 

subjected to increased property use 

restrictions as a result of their efforts to 

attract listed species to their property, or 

to increase the numbers or distribution 

of listed species already on their 

property. Application requirements and 

issuance criteria for enhancement of 

survival permits through Safe Harbor 

Agreements are found in 50 CFR 

17.22(c). These permits allow any 

necessary future incidental take of any 

covered species above the mutually 

agreed upon baseline conditions for 

those species in accordance with the 

terms of the permit and accompanying 

agreement. 

We have worked with Mr. and Mrs. 

Sprick and the Oregon Department of 

Fish and Wildlife to develop the 

proposed Agreement for the 

conservation of the Oregon chub. The 

area covered by this Agreement is 

composed of an artificial pond with an 

approximate area of 0.65 acre, and a 

100-foot buffer surrounding the pond. 

The total area covered by this 

Agreement is approximately 1.7 acres. 

Environmental baseline conditions have 

been established as zero Oregon chub 

being present in the pond. The purpose 

of this Agreement is to establish a new 

population of Oregon chub as refugia for 

the natural population. Under this 

Agreement, a minimum of 500 Oregon 

chub will be introduced from an 

existing wild population by the Oregon 

Department of Fish and Wildlife. The 

estimated carrying capacity of the 

Sprick’s pond is approximately 1,000 

individuals. The Oregon Department of 

Fish and Wildlife will monitor the 

Oregon chub population and habitat 

conditions at least once a year. Upon 

reaching this threshold, this population 

may be used as a source for 

translocations by the Oregon 

Department of Fish and Wildlife, but 

would not be lowered beyond 500 

individuals at the time of removal. 


rfrederick on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 171 / Wednesday, September 5, 2007 / Notices 50977 

The Spricks will avoid conducting 

activities that could adversely affect the 

Oregon chub’s habitat within 100 feet of 

the pond’s perimeter during the 10-year 

term of the Agreement. The permit 

duration is 30 years, which would allow 

up to an additional 20 years for the 

terms of the Agreement to remain in 

effect before a return to baseline 

conditions may occur. 

Without the regulatory assurances 

provided through the Agreement and 

permit, landowners may otherwise be 

unwilling or reluctant to engage in 

activities that would place federallylisted species such as the Oregon chub 

onto their properties. The proposed 

Agreement is expected to provide a net 

conservation benefit to the Oregon chub 

by creating a protected refugia, 

increasing the population, and 

translocating individuals, beyond those 

needed to maintain the refugia 

population, to other suitable locations. 

The Oregon chub was listed as an 

endangered species by the Service in 

1993 (58 FR 53800). At the time of 

listing, their were only five known 

populations and they were restricted to 

an 18.6 mile stretch of the Middle Fork 

Willamette River drainage, representing 

approximately two percent of the 

species’ historic range. In 2006, there 

were 18 populations totaling 500 or 

more individuals. Oregon chub remain 

at risk due to the loss of suitable habitat 

and the continued threats posed by the 

proliferation of non-native fishes, water 

withdrawals, accelerated sedimentation 

due to land management activities, and 

potential chemical spills or careless 

pesticide applications. Their status has 

improved in recent years, resulting 

primarily from successful introductions 

and the discovery of previously 

undocumented populations. 

The Service has made a preliminary 

determination that the proposed 

Agreement and permit application are 

eligible for a categorical exclusion under 

the National Environmental Policy Act 

of 1969 (NEPA). We explain the basis 

for this determination in an 

Environmental Action Statement that is 

also available for public review (see 

ADDRESSES). 

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) of the Act and NEPA 

regulations. All comments received, 

including names and addresses, will 

become part of the administrative record 

and will be available for review 

pursuant to section 10(c) of the Act. 

Individual respondents may request that 

we withhold their home address from 

the record, which we will honor to the 

extent allowable by law. If you wish us 

to withhold your name and/or address, 

you must state this prominently at the 

beginning of your comment. 

Anonymous comments will not be 

considered. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, are 

available for public inspection in their 

entirety. 

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 

Mr. and Mrs. Sprick for the take of 

Oregon chub, 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: August 29, 2007. 

Kemper M. McMaster, 

State Supervisor, Fish and Wildlife Service, 

Oregon Fish and Wildlife Office, Portland, 

Oregon. 

[FR Doc. 07–4316 Filed 9–4–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Issuance of Permits 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of issuance of permit for 

marine mammals. 

SUMMARY: The following permit was 

issued. 

ADDRESSES: Documents and other 

information submitted with this 

application are available for review, 

subject to the requirements of the 

Privacy Act and Freedom of Information 

Act, by any party who submits a written 

request for a copy of such documents to: 

U.S. Fish and Wildlife Service, Division 

of Management Authority, 4401 North 

Fairfax Drive, Room 700, Arlington, 

Virginia 22203; fax 703/358–2281. 

FOR FURTHER INFORMATION CONTACT: 

Division of Management Authority, 

telephone 703/358–2104. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on the dates below, as 

authorized by the provisions of the Fish 

and Wildlife Service issued the 

requested permits subject to certain 

conditions set forth therein. 

Marine Mammals 

Permit number Applicant Receipt of application Federal Register notice Permit issuance date 

154919 .......... Scott A. Hanan 72 FR 33242; June 15, 2007 July 16, 2007.


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