30744 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices

determination. The matching program

will be in effect and continue for 18

months with an option to renew for 12

additional months unless one of the

parties to the agreement advises the

other in writing to terminate or modify

the agreement.

Dated: May 31, 2001.

Gloria R. Parker,

Chief Information Officer.

[FR Doc. 01–14403 Filed 6–6–01; 8:45 am]

BILLING CODE 4210–72–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of Amended Environmental

Assessment for Proposed Amendment

of Incidental Take Permit PRT–816732

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

The Fish and Wildlife Service

(Service) announces the availability of

amendments to Incidental Take Permit

(ITP) PRT–816732, originally issued

October 22, 1996. The originally issued,

and currently active, ITP authorizes the

take of bald eagles (Haliaeetus

leucocephalus) in Osceola County,

Florida. The proposed ITP

modifications respond to the Permittee’s

request for clarification of specific

conditions of the original ITP and

address revised development plans

submitted by the Permittee.

The Service also announces the

availability of an amended EA and HCP

for the incidental take amendment

application. Copies of the draft EA and/

or HCP may be obtained by making a

request to the Regional Office (see

ADDRESSES). Requests must be in writing

to be processed. This notice also advises

the public that the Service has made a

preliminary determination that issuing

the ITP is not a major Federal action

significantly affecting the quality of the

human environment within the meaning

of section 102(2)(C) of the National

Environmental Policy Act of 1969, as

amended (NEPA). The preliminary

Finding of No Significant Impact

(FONSI) is based on information

contained in the draft EA and HCP. The

final determination will be made no

sooner than 60 days from the date of

this notice. This notice is provided

pursuant to Section 10 of the Act and

NEPA regulations (40 CFR 1506.6).

The Service specifically requests

information, views, and opinions from

the public via this Notice on the federal

action, including the identification of

any other aspects of the human

environment not already identified in

the Service’s amended EA. Further, the

Service is specifically soliciting

information regarding the adequacy of

the HCP as measured against the

Service’s ITP issuance criteria found in

50 CFR parts 13 and 17.

If you wish to comment, you may

submit comments by any one of several

methods. You may mail comments to

the Service’s Regional Office (see

ADDRESSES). You may also comment via

the internet to david_dell@fws.gov.

Please submit comments over the

internet as an ASCII file avoiding the

use of special characters and any form

of encryption. Please also include your

name and return address in your

internet message. If you do not receive

a confirmation from the Service that we

have received your internet message,

contact us directly at either telephone

number listed below (see FURTHER

INFORMATION CONTACT). Finally, you may

hand deliver comments to either Service

office listed below (see ADDRESSES). Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the administrative record. We will

honor such requests to the extent

allowable by law. There may also be

other circumstances in which we would

withhold from the administrative record

a respondent’s identity, as allowable by

law. If you wish us to withhold your

name and address, you must state this

prominently at the beginning of your

comments. We will not; however,

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

DATES: Written comments on the

proposed ITP amendments should be

sent to the Service’s Regional Office (see

ADDRESSES) and should be received on

or before August 6, 2001.

ADDRESSES: Persons wishing to review

the amended EA or the EA originally

prepared for the issuance of this ITP,

may obtain a copy by writing the

Service’s Southeast Regional Office,

Atlanta, Georgia. These documents will

also be available for public inspection

by appointment during normal business

hours at the Regional Office, 1875

Century Boulevard, Suite 200, Atlanta,

Georgia 30345 (Attn: Endangered

Species Permits), or Field Supervisor,

U.S. Fish and Wildlife Service, Post

Office Box 2676, Vero Beach, Florida

32961–2676.

FOR FURTHER INFORMATION CONTACT: Mr.

David Dell, Regional HCP Coordinator,

(see ADDRESSES above), telephone: 404/

679–7313, facsimile: 404/679–7081; or

Mr. Mike Jennings, Fish and Wildlife

Biologist, South Florida Ecosystem

Office, Vero Beach, Florida (see

ADDRESSES above), telephone: 561/562–

3909.

SUPPLEMENTARY INFORMATION: On

October 22, 1996, Mr. Nick Gross, the

Permittee, was issued ITP PRT–816732

in response to the submission of an

adequate Habitat Conservation Plan

(HCP) and complete permit application

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

Endangered Species Act of 1973 (U.S.C.

1531 et seq.), as amended (Act). The

current ITP authorizes the one-time

taking of nesting bald eagles, through

harassment, resulting from earth

moving, land clearing, and human

habitation of a residential community

being developed by the Permittee. The

ITP requires a number of measures to

minimize the impacts of residential

development on nesting bald eagles,

including phased construction within a

250 foot buffer zone around the nest,

limitations on vegetation removal

within the 250 foot buffer zone, as well

as various prohibited activities and

building restrictions within the buffer

zone. The ITP also requires mitigation

in the form of payment of $25,000 to a

bald eagle conservation fund upon a

determination that the nesting eagles

abandoned the nest site.

Bald eagles successfully nested during

the 1996–1997, 1997–1998, and 1998–

1999 nesting seasons due to the

implementation of minimization

measures prescribed within the ITP.

However, the Permittee’s 1999–2000

monitoring report indicated that bald

eagles failed to nest, although adult

birds were documented regularly at the

nest site and immediate vicinity. In the

2000–2001 nesting season, bald eagles

appeared at the project area, but there

was no nesting activity. As a result of

this nesting failure, the Service

requested, and the Permittee

subsequently fulfilled, the mitigation

requirements stipulated in the ITP.

The Permittee has fully implemented

the HCP and is in compliance with the

terms and conditions of the ITP,

including the funding of off-site

mitigation measures. Following the

determination of nest abandonment, the

Permittee provided the Service with a

written request for modifications to the

ITP that would alter allowable

construction timing and revise

development plans. The requested

Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices 30745

revision of timing considerations would

allow construction during the nesting

season after monitoring confirms that

nesting attempts by any eagles present

had been abandoned. Current ITP

conditions require monitoring and

restrictions on construction until the

end of the nesting season. This revision

will not result in additional take of bald

eagles.

Revised development plans, if

implemented, will result in a decrease

in the existing buffer zone surrounding

the nest site. The Service proposes to

modify the current ITP allowing for the

construction of five additional singlefamily homes within the 250-foot buffer

zone surrounding the bald eagle nest

site. Under the current ITP, the five lots

are encompassed within the 250-foot

buffer zone, and represent natural areas

where construction is prohibited. The

proposed ITP modification will result in

a reduction in the ‘‘no-build’’ buffer to

a 30-foot radius around the nest tree,

however, revised construction timing

restrictions within this reduced buffer

and other protective measures currently

required within the current buffer zone

will remain in effect. Although this

revision may cause take in the form of

harassment of adult eagles, the Service

believes take of active nests to be highly

unlikely because the eagles have not

nested here in the past two seasons.

As stated above, the Service has made

a preliminary determination that the

issuance of the ITP is not a major

Federal action significantly affecting the

quality of the human environment

within the meaning of section 102(2)(C)

of NEPA. This preliminary information

may be revised due to public comment

received in response to this notice and

is based on information contained in the

draft EA and HCP.

The Service will also evaluate

whether the issuance of a section

10(a)(1)(B) ITP complies with section 7

of the Act by conducting an intraService section 7 consultation. The

results of the biological opinion, in

combination with the above findings,

will be used in the final analysis to

determine whether or not to issue the

ITP.

Dated: May 25, 2001.

Sam D. Hamilton,

Regional Director.

[FR Doc. 01–14300 Filed 6–6–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Action

Statement and Receipt of an

Application for a Permit To Enhance

the Survival of the Oregon Chub in

Lane County, OR Under a Safe Harbor

Agreement

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability.

SUMMARY: This notice advises the public

that Robert Russell (Applicant) has

applied to the Fish and Wildlife Service

(we, the Service) for an enhancement of

survival permit pursuant to section

10(a)(1)(A) of the Endangered Species

Act of 1973, as amended (Act) for the

Oregon Chub (Oregonichtys crameri) in

Lane County, Oregon. This permit

application includes a proposed Safe

Harbor Agreement (Agreement) between

the Applicant and the Service. The

proposed permit and Agreement would

become effective upon initialization of

the Agreement and remain in effect for

30 years. The Service has made a

preliminary determination that the

proposed Agreement and permit

application are eligible for categorical

exclusion under the National

Environmental Policy Act of 1969

(NEPA). We explain the basis for this

determination in an Environmental

Action Statement, which also is

available for public review.

We announce the opening of a 30-day

comment period to receive comments

from the public on the Applicant’s

enhancement of survival permit

application, the accompanying

proposed Agreement, and

Environmental Action Statement.

The Agreement fully describes the

proposed project, management actions,

and the conservation benefits that will

be gained for Oregon chub. The

management actions and conservation

benefits are also described in the

Background section below.

DATES: Written comments must be

received by July 9, 2001.

ADDRESSES: Comments should be

addressed to the Manager, Fish and

Wildlife Service, Oregon Fish and

Wildlife Office, fax number (503) 231–

6195 (see Public Review and Comment

section below).

FOR FURTHER INFORMATION CONTACT:

Amy Horstman, Fish and Wildlife

Service, Oregon Fish and Wildlife

Office, telephone (503) 231–6179.

SUPPLEMENTARY INFORMATION:

Background

Under a Safe Harbor Agreement,

participating property owners

voluntarily undertake management

activities on their property to enhance,

restore, or maintain habitat benefitting

species listed under the Act. Safe

Harbor Agreements encourage private

and other non-Federal property owners

to implement conservation efforts for

listed species by assuring property

owners that they will not be subjected

to increased property use restrictions if

their efforts attract listed species to their

property or 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).

We have worked with the Applicant

to develop the proposed Agreement for

the conservation of Oregon chub within

his 800 square meter (0.2 acre) artificial

pond in Lane County, Oregon. The area

is currently not occupied by Oregon

chub or any other Federal or State listed

species. Under the proposed Agreement,

the Applicant will: (1) Allow

translocation of Oregon chub to the

pond, (2) allow the Service and Oregon

Department of Fish and Wildlife access

to the pond for translocation and habitat

and chub population monitoring, (3)

provide the Service with written notice

of intent to modify the pond or

introduce competing fish species, (4)

work cooperatively with the Service on

other issues necessary to further the

purposes of the Agreement.

Threats to the Oregon chub include:

dam construction, channelization,

diking, wetland fill, and loss of riparian

vegetation which have changed

flooding, streamflow, and temperature

patterns of the watershed and

subsequent loss of backwater habitats

used by Oregon chub (Markle et al.

1991). Degradation of habitat has also

occurred, primarily due to

sedimentation from construction

activities, logging, alterations of water

flow, and other causes. Introductions of

exotic game fish (e.g., bass, crappie,

mosquito fish) may have contributed to

the decline of existing Oregon chub

populations and may reduce the

potential for Oregon chub to recolonize

suitable habitats through increased

competition for resources, predation,

and introduction of parasites and

disease (Markle and Pearsons 1990). The

proximity of many populations to rail,

highway, and power transmission

corridors, and state park campgrounds

poses the threat of chemical spills,

runoff or spill of agricultural or right-ofVerDate 11<MAY>2000 16:52 Jun 06, 2001 Jkt 194001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\07JNN1.SGM pfrm04 PsN: 07JNN1