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
30746 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices

way maintenance chemicals, and

overflow from campground toilets. This

Agreement provides a net conservation

benefit to Oregon chub by creating a

protected refugia for this segment of the

Oregon chub population and thereby

reducing risks of complete loss of the

donor population and thus loss of any

unique genetic material. The Agreement

is expected to contribute to recovery of

Oregon chub by reducing threats and

expanding Oregon chub populations.

Recovery of the species would be

further enhanced by increasing the

reproductive viability of the

populations.

Under the Agreement, consistent with

the Service’s Safe Harbor Policy,

published in the Federal Register on

June 17, 1999 (64 FR 32717), the Service

would issue a permit to the Applicant

authorizing incidental take of Oregon

chub as a result of activities outside of

the 15-meter (50-foot) buffer zone

around the perimeter of the pond. These

activities include: diversion of water for

irrigation or other purposes, grazing of

livestock upslope of the pond, stocking

of fish or amphibian species, logging

trees, removal of vegetation surrounding

the pond area, use of herbicide or

pesticide, and any earthmoving

activities upslope of the pond. We

expect that the maximum level of

incidental take authorized under the

proposed Agreement will never be

realized.

We are providing this notice pursuant

to section 10(c) of the Act and pursuant

to implementing regulations for NEPA

(40 CFR 1506.6). We will evaluate this

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. If, upon

completion of the 30-day comment

period, we determine that the

requirements are met, we will sign the

proposed Agreement and issue an

enhancement of survival permit under

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

Applicant for take of Oregon chub

incidental to otherwise lawful activities

in accordance with the terms of the

Agreement.

Public Review and Comments

Individuals wishing copies of the

permit application, the Environmental

Action Statement, or copies of the full

text of the Agreement, including a map

of the proposed permit area, references,

and legal descriptions of the proposed

permit area, should contact the office

and personnel listed in the ADDRESSES

section above.

If you wish to comment on the permit

application, the Environmental Action

Statement, or the Agreement, you may

submit your comments to the address

listed in the ADDRESSES section of this

document. Comments and materials

received, including names and

addresses of respondents, will be

available for public review, by

appointment, during normal business

hours at the address in the ADDRESSES

section above and will become part of

the public record, pursuant to section

10(c) of the Act.

Dated: May 24, 2001.

Rowan W. Gould,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 01–14323 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 Hawaiian Duck or

Koloa and Endangered Hawaiian

Goose or Nene through a Safe Harbor

Agreement for Umikoa Ranch, HI

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability.

SUMMARY: This notice advises the public

that Umikoa Ranch, Limited (Ranch) 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

Hawaiian Duck or Koloa (Anas

wyvilliana) and Endangered Hawaiian

Goose or Nene (Branta sandvicensis).

The permit application includes a Safe

Harbor Agreement (Agreement) between

the Ranch, the Service, and the Hawaii

Department of Land and Natural

Resources. The proposed permit and

Agreement would become effective

upon initialization of the Agreement

and remain in effect for 20 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. For

further information and instruction on

the reviewing and commenting process,

see Public Review and Comment section

below.

DATES: Written comments must be

received by July 9, 2001.

ADDRESSES: Comments should be

addressed to Mr. Paul Henson, Field

Supervisor, U.S. Fish and Wildlife

Service, PO Box 50088, Honolulu,

Hawaii 96850; facsimile (808) 541–3470.

(See Public Review and Comment

section below.)

FOR FURTHER INFORMATION CONTACT: Ms.

Gina Shultz at the above address or

telephone 808–541–3441.

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 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 Ranch and

the Hawaii Department of Land and

Natural Resources to develop a Safe

Harbor Agreement for the creation and

enhancement of habitat for the

endangered Hawaiian duck or koloa and

Hawaiian goose or nene on Umikoa

Ranch, Hawaii. Under this Agreement,

the Ranch will: (1) Construct and

maintain wetland and associated upland

habitat for nene and koloa; (2) maintain

fences that exclude cattle from newly

created wetland and associated upland

habitats; (3) allow for controlled grazing

to prevent encroachment of kikuyu grass

and for maintenance of open, short grass

habitat for nene; (4) prevent the

establishment of problematic alien

invasive plant species; (5) implement a

program to control predators in and

around newly created habitats where

koloa and nene are likely to occur; (6)

prohibit hunting in areas within the

upper portion of the Ranch managed for

koloa and nene; and (7) prevent the