Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 / Notices 31963

proposed definition of ‘‘harm’’ as used

in the Endangered Species Act (ESA).

NMFS seeks public comment.

DATES: Comments on the draft EA must

be received by July 13, 1998, if they are

to be considered during preparation of

a final EA.

ADDRESSES: Requests for a copy of the

draft EA should be addressed to

National Marine Fisheries Service, 1315

East West Highway, Room 13604, Silver

Spring, MD 20910; telephone: 301–713–

1401, or it can be obtained from the

National Marine Fisheries Service Office

of Protected Resources Web Page

(www.nmfs.gov/tmcintyr). Written

comments and materials regarding the

draft EA should be directed to the same

address. Comments will not be accepted

via e-mail or the world wide web.

FOR FURTHER INFORMATION CONTACT: Joe

Blum, National Marine Fisheries

Service, Office of Protected Resources,

1315 East West Highway, Silver Spring,

MD, 20910.

SUPPLEMENTARY INFORMATION:

Background

This draft EA examines the

environmental impact of defining the

term ‘‘harm’’ as used in the definition of

‘‘take’’ in the Endangered Species Act

(ESA). Section 9 of the ESA makes it

illegal to ‘‘take’’ an endangered species

of fish or wildlife. The definition of

‘‘take’’ in the ESA is: ‘‘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(19)). The U.S. Fish and Wildlife

Service (FWS) issued a regulation

defining further the term ‘‘harm’’ to

eliminate confusion concerning its

meaning (40 FR 44412, September 26,

1975; 46 FR 54748, November 4, 1981).

The FWS’ definition of ‘‘harm’’ has been

upheld by the Supreme Court as a

reasonable interpretation and supported

by the purpose of the ESA to conserve

endangered and threatened species (See

Babbitt v. Sweet Home Chapter of

Communities for a Greater Oregon, 115

S. Ct. 2407, (1995)). NMFS does not

have a definition in its ESA regulations.

With the recent listings of Pacific

salmon and steelhead stocks, interested

parties have inquired whether the

NMFS interprets harm in the same

manner as FWS and includes habitat

destruction as ‘‘harm’’ to a listed

species. The proposed action is to adopt

a rule that clarifies NMFS’

interpretation of harm that is consistent

with that of FWS.

The NMFS has no definition

comparable to FWS’ definition of

‘‘harm’’ in its ESA regulations;

therefore, enforcement actions must rely

solely on the statutory language of the

ESA. While NMFS may prevail in court

based on ‘‘harm’’ precedents and

definitions established by the FWS, a

formal interpretation by NMFS

improves notice to the public of NMFS’

views and provides the administrative

foundation for enforcement of the ESA.

The proposed rule does not constitute

a change in the existing law. It is a

clarification to ensure consistency

between NMFS and FWS.

Public Comments Solicited

NMFS intends that the final EA will

take advantage of information and

recommendations from all interested

parties. Therefore, comments and

suggestions are hereby solicited from

the public, other concerned

governmental agencies, the scientific

community, industry, and any other

person concerned with this draft EA.

Dated: June 5, 1998.

Patricia Montantio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 98–15593 Filed 6–10–98; 8:45 am]

BILLING CODE 3510–22–F

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

Call for Public Input Regarding Internet

Access for AmeriCorps Members

AGENCY: Corporation for National and

Community Service.

ACTION: Notice.

SUMMARY: The Corporation for National

and Community Service (Corporation)

seeks input from the public as to how

best to facilitate, without expending

Federal funds, free internet access for

AmeriCorps members serving in

national service programs across the

country.

DATES: The Corporation seeks public

input until July 13, 1998.

ADDRESSES: Responses may be mailed to

the Corporation at the following

address: Corporation for National

Service, Attn: Erik Schmidt, 1201 New

York Avenue NW., Washington, DC

20525 or by sending electronic mail to:

eschmidt@cns.gov.

FOR FURTHER INFORMATION CONTACT: Erik

Schmidt, (202) 606–5000, ext. 305. The

Corporation’s T.D.D. number is (202)

565–2799.

SUPPLEMENTARY INFORMATION: The

Corporation is the Federal agency that

oversees national and community

service programs throughout the

country. Its mission is to provide

opportunities for Americans of all ages

and backgrounds to engage in service

that addresses the nation’s educational,

public safety, environmental, and other

human needs to achieve direct and

demonstrable results and to encourage

all Americans to engage in such service.

In doing so, the Corporation fosters civic

responsibility, strengthens the ties that

bind us together as a people, and

provides educational opportunity for

those who make a substantial

commitment to service.

AmeriCorps is the national service

program that engages thousands of adult

Americans, age 17 and over, in

community service and provides

education awards in exchange for that

service. As President Clinton has said,

‘‘The success of AmeriCorps shows that

service can help to meet out most

pressing needs, from renewing our cities

to protecting our environment, to

immunizing poor children, to giving

them mentors and someone to look up

to.’’ In the 1998–1999 program year, the

Corporation expects that more than

50,000 individuals will serve as

AmeriCorps members in partnership

with hundreds of local, state, and

national organizations. In return for

performing at least 1,700 hours of

service in a year, each full-time

AmeriCorps member receives a modest

living allowance and earns a postservice education award of $4,725 to

repay student loans or to pay for the

cost of attendance at an institution of

higher education. For more information

about AmeriCorps, including its three

divisions AmeriCorps*State/National,

AmeriCorps*VISTA, and

AmeriCorps*National Civilian

Community Corps, visit the

Corporation’s home page at http://

www.nationalservice.org.

The Corporation seeks to facilitate the

provision of free internet access to

AmeriCorps members during their term

of service. Through this Notice, the

Corporation invites comments and

suggestions from internet service

providers, AmeriCorps members,

organizations through which

AmeriCorps members serve, and other

members of the public. Based on the

comments and suggestions received, the

Corporation anticipates publishing an

invitation to internet service providers

and others to provide free internet

access to all AmeriCorps members

during their term of service.

Dated: June 5, 1998.

Kenneth L. Klothen,

General Counsel, Corporation for National

and Community Service.

[FR Doc. 98–15497 Filed 6–10–98; 8:45 am]

BILLING CODE 6050–28–P