11128 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

receive a confirmation that we have 

received your e-mail message, contact 

us directly at the telephone number 

listed under FOR FURTHER INFORMATION

CONTACT. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comments, 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. 

Construction of a training facility for 

the Visually Impaired Persons of 

Charlotte County HCP will take place at 

latitude 27.0168 and longitude 

¥82.0189 in Punta Gorda, Charlotte 

County, Florida. This lot is within 

scrub-jay occupied habitat. 

The lot encompasses about 1.91 acres, 

and the footprint of the training facility, 

infrastructure, and landscaping 

preclude retention of scrub-jay habitat. 

In order to minimize take on site, the 

applicant proposes to mitigate for the 

loss of 1.91 acres of scrub-jay habitat by 

contribution of 4.3 acres of suitable 

scrub-jay habitat to nearby existing 

conservation lands. 

We have determined that the 

applicant’s proposal, including the 

proposed mitigation and minimization 

measures, will have a minor or 

negligible effect on the species covered 

in the HCP. Therefore, the ITP is a ‘‘loweffect’’ project and qualifies as a 

categorical exclusion under the National 

Environmental Policy Act (NEPA)(40 

CFR 1506.6), as provided by the 

Department of the Interior Manual (516 

DM 2 Appendix 1 and 516 DM 6 

Appendix 1). Low-effect HCPs are those 

involving (1) minor or negligible effects 

on federally listed or candidate species 

and their habitats and (2) minor or 

negligible effects on other 

environmental values or resources. 

Based on our review of public 

comments that we receive in response to 

this notice, we may revise this 

preliminary determination. 

We will evaluate the HCP and 

comments submitted thereon to 

determine whether the application 

meets the requirements of section 10(a) 

of the Act (16 U.S.C. 1531 et seq.). If we 

determine that the application meets the 

requirements, we will issue the ITP for 

incidental take of the scrub-jay. We will 

also evaluate whether issuance of the 

section 10(a)(1)(B) ITP complies with 

section 7 of the Act by conducting an 

intra-Service section 7 consultation. We 

will use the results of this consultation, 

in combination with the above findings, 

in the final analysis to determine 

whether or not to issue the ITP. 

Authority: We provide this notice pursuant 

to Section 10 of the Endangered Species Act 

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

regulations (40 CFR 1506.6). 

Dated: February 13, 2009. 

Paul Souza, 

Field Supervisor, South Florida Ecological 

Services Office. 

[FR Doc. E9–5591 Filed 3–13–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–MB–2008–N0349; 91200–1231– 

5BBC–K3] 

Availability of Birds of Conservation 

Concern 2008 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: We announce the availability 

of Birds of Conservation Concern 2008. 

This publication identifies species, 

subspecies, and populations of 

migratory and nonmigratory birds in 

need of additional conservation actions. 

We hope to stimulate coordinated and 

collaborative proactive conservation 

actions among Federal, State, tribal, and 

private partners. 

DATES: Individuals wishing to comment 

on the process used in developing Birds 

of Conservation Concern 2008, 

especially to provide recommendations 

for improving future versions of the 

document, may direct their written 

comments to the Chief, Division of 

Migratory Bird Management (listed 

below under ADDRESSES ). All comments 

received will be filed for use in 

developing the next version of the list. 

Comments will be accepted until the 

time that work begins on the next 

edition of this report (approximately 5 

years). 

ADDRESSES: Printed copies of Birds of 

Conservation Concern 2008 may be 

obtained by writing to the Chief, Branch 

of Bird Conservation, Division of 

Migratory Bird Management, U.S. Fish 

and Wildlife Service, 4401 North Fairfax 

Drive, Mail Stop 4107, Arlington, VA 

22203–1610, ATTN: BCC 2008. This 

document is also available for 

downloading on the Division of 

Migratory Bird Management’s World 

Wide Web page at http:// 

migratorybirds.fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marcia Maslonek, Chief, Branch of Bird 

Conservation, Division of Migratory 

Bird Management, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Mail Stop 4107, Arlington, VA 

22203–1610; phone: (703) 358–2021; 

fax: (703) 358–2272. 

SUPPLEMENTARY INFORMATION: The 1988 

amendment to the Fish and Wildlife 

Conservation Act (FWCA) of 1980 

(Pub.L. 100–653, Title VIII) requires the 

Secretary of the Interior, through the 

U.S. Fish and Wildlife Service, to 

‘‘identify species, subspecies, and 

populations of all migratory nongame 

birds that, without additional 

conservation actions, are likely to 

become candidates for listing under the 

Endangered Species Act [ESA] of 1973.’’ 

Birds of Conservation Concern 2008 

fulfills that mandate and supersedes 

Birds of Conservation Concern 2002. 

The species that appear in Birds of 

Conservation Concern 2008 are deemed 

to be the highest priority for 

conservation actions. We anticipate that 

the document will be consulted by 

Federal agencies and their partners prior 

to undertaking cooperative research, 

monitoring, and management actions 

that might directly or indirectly affect 

migratory birds. Our goal in publishing 

this document is to stimulate 

coordinated and collaborative proactive 

conservation actions among Federal, 

State, tribal, and private partners. 

To serve as a broad early-warning 

system in the context of the FWCA, this 

document includes all of the species 

that we have some basis to consider to 

be of conservation concern. Our 

objective in publishing this list is to 

focus conservation attention on bird 

species of concern well in advance of a 

possible or plausible need to consider 

them for listing under the ESA. 

Inclusion on this list does not constitute 

a finding that listing under the ESA is 

warranted, or that substantial 

information exists to indicate that 

listing under the ESA may be warranted. 

Many of the species on this list will 

probably never have to be considered 

for ESA listing, even if no additional 

conservation actions are taken. 

Authority: The Fish and Wildlife 

Conservation Act of 1980, as amended (16 

U.S.C. 2901 et seq.); the Endangered Species 

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

seq.); the Fish and Wildlife Act of 1956; as 

amended (16 U.S.C. 742a et seq.); and 16 

U.S.C. 701. 

Dated: February 27, 2009. 

Rowan W. Gould, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–5548 Filed 3–13–09; 8:45 am] 

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