Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23431 

reasonably necessary to assist in 

connection with the Department’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

[FR Doc. E9–11613 Filed 5–18–09; 8:45 am] 

BILLING CODE 4311–AM–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2009–N0072; 10120–1112– 

0000–F2] 

Proposed Programmatic Safe Harbor 

Agreement for Oregon Chub, 

Willamette Valley, OR 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; receipt of 

application. 

SUMMARY: The Oregon Department of 

Fish and Wildlife (ODFW) has 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. The permit application 

includes a proposed Programmatic Safe 

Harbor Agreement (Agreement) between 

ODFW and the Service. The proposed 

term of the permit and Agreement is 30 

years. The requested permit would 

authorize ODFW to extend incidental 

take coverage with assurances to eligible 

landowners who are willing to carry out 

habitat management measures that 

would benefit the federally-listed as 

endangered Oregon chub 

(Oregonichthys crameri) by enrolling 

them under the Agreement as 

Cooperators through issuance of 

Certificates of Inclusion. The covered 

area or geographic scope of this 

Agreement includes all non-Federal 

properties in the Willamette Valley 

between the cities of Oregon City and 

Oakridge, Oregon, the estimated 

historical distribution of the species. We 

request comments from the public on 

the permit application, proposed 

Agreement, and related documents, 

which are available for review (see 

ADDRESSES below). 

DATES: Comments must be received 

from interested parties on or before June 

18, 2009. The final permit decision will 

be made no sooner than June 18, 2009. 

ADDRESSES: You may obtain copies of 

the documents for review by contacting 

State Supervisor, U.S. Fish and Wildlife 

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

Portland, OR 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 

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 ‘Oregon chub Programmatic Safe 

Harbor Agreement’. 

FOR FURTHER INFORMATION CONTACT: Paul 

Henson, State Supervisor, U.S. Fish and 

Wildlife Service, Oregon Fish and 

Wildlife Office, 2600 SE. 98th Avenue, 

Suite 100, Portland, Oregon, 97266; 

(telephone 503/231–6179). Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800/ 

877–8339, 24 hours a day, 7 days a 

week. 

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 

Endangered Species Act of 1973, as 

amended (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 

either 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 jointly developed the proposed 

Agreement with ODFW for the 

conservation of the Oregon chub. The 

area covered by this Agreement includes 

the portion of the Willamette Valley 

estimated to be within the historical 

distribution of the species. Sites not 

currently occupied by Oregon chub will 

have a baseline condition of zero unless 

a landowner is willing to accept a 

baseline greater than zero to support an 

enhanced level of conservation after the 

Agreement expires. Sites currently 

occupied by Oregon chub will have 

their baseline conditions determined on 

a case-by-case basis, with landowner 

consent, by ODFW and the Service until 

a Service-approved protocol for 

determining non-zero baselines is 

developed. 

The purpose of this Agreement is to 

establish new populations of Oregon 

chub as refugia for natural populations 

through translocations and to increase 

the abundance, distribution and 

survival of existing natural populations 

through voluntary habitat improvements 

or protections. The Oregon chub was 

listed as an endangered species by the 

Service in 1993 (58 FR 53800). At the 

time of listing, Oregon chub was known 

to occur at only nine locations within a 

30-kilometer (18.6-mile) reach of the 

Willamette River, representing 

approximately two percent of the 

species’ historic range. In 2007, there 

were 19 populations totaling 500 or 

more individuals. The primary threats 

affecting Oregon chub include: 

Competition and predation by 

nonnative fish; the potential for initial 

or further introduction of nonnative 

fish; vegetative succession of shallow 

aquatic habitats; possible agricultural 

chemical runoff; possible excessive 

siltation from logging in the watershed; 

other threats to water quality (including 

threat of toxic spills, low dissolved 

oxygen); fluctuations in water levels due 

to regulated flow management at flood 

control dams, as well as low summer 

water levels; and the loss of genetic 

diversity as a result of managing Oregon 

chub populations in isolated habitats. 

The status of Oregon chub has 

improved in recent years, resulting 

primarily from successful introductions 

and the discovery of previously 

undocumented populations. A recent 5- 

year status review of Oregon chub 

determined the species no longer 

warrants listing as endangered. A 

proposed rule to downlist the species to 

threatened status is in development, as 

is a proposal to designate critical 

habitat. 

Under this Agreement, private lands 

may be enrolled through individual 

Cooperative Agreements between the 

ODFW and cooperating landowners 

(Cooperators). The duration of the 

Cooperative Agreements will be a 

minimum of 10 years. Cooperators will 

be issued a Certificate of Inclusion 

which will allow activities on the 

Enrolled Properties to be included 

within ODFW’s section 10(a)(1)(A) 

Enhancement of Survival permit. 

Cooperators may renew their 

Cooperative Agreements to remain in 

effect for the 30-year duration of the 

permit. Cooperators will avoid 

conducting activities that could 

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23432 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 

adversely affect the Oregon chub’s 

habitat within a specified distance 

during the term of their Cooperative 

Agreement. 

Without the regulatory assurances 

provided through the Agreement and 

permit, landowners may otherwise be 

unwilling or reluctant to engage in 

activities that would place federally 

listed 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 new refugia populations 

through translocations or by enhancing 

the quality, quantity or connectivity of 

floodplain habitat for naturally 

occurring populations, thereby 

increasing the distribution, abundance 

and genetic diversity of the species. 

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). 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, 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. 

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)(1)(A) of the Act and NEPA 

regulations. 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 ODFW 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: April 14, 2009. 

Paul Henson, 

State Supervisor, Fish and Wildlife Service, 

Oregon Fish and Wildlife Office, Portland, 

Oregon. 

[FR Doc. E9–11562 Filed 5–18–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

[OMB Number 1121–NEW] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30-Day Notice of Information 

Collection Under Review: Assessing the 

Performance of Juvenile DNA System. 

The Urban Institute, Justice Policy 

Center will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

Volume 74, Number 46, page 10616 on 

March 11, 2009, allowing for a 60-day 

comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until June 18, 2009. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to Louis Tuthill, 

National Institute of Justice, Office of 

Justice Programs 810 7th St., NW., 

Washington, DC 20531. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Telephone interviews with state lab 

directors and SDIS administrators. 

Collection of summary statistics on 

juvenile DNA records within CODIS. 

(2) Title of the Form/Collection: 

Assessing the Performance of Juvenile 

DNA System. 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection: 

No form number. National Institute of 

Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: State Crime Lab 

Directors in the 35 states who collect 

juvenile DNA. Other: State CODIS 

personnel in those 35 states. 

The Urban Institute has been funded 

by the NIJ to examine the collection and 

use of juvenile DNA. We will establish 

the state-specific policies and practices 

through interviews with state lab 

personnel and non-identifiable 

summary data on the number of 

juveniles included in SDIS and the DNA 

crime matches attributed to that 

population. This data can then be used 

to assess the value of juvenile DNA 

records from the practitioner 

perspective and inform DNA policy 

decisions at the local, state, and federal 

level. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: Interviews will occur 

with one state crime lab director and 

CODIS administrator in each state, for a 

total of 70 estimated respondents. 

Telephone interviews are expected to 

take 1 hour each (35 respondents). 

Summary statistic collection is expected 

to take 3 hours (35 respondents); 1 hour 

for discussion with us, 1.5 hours for the 

actual data pull, and .5 hours to format 

and transmit the summary statistics. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total estimated annual 

burden hours to complete both 

interviews and data collection is 140 

hours. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Planning and 

Policy Staff, Justice Management 

Division, 601 D Street, NW., Suite 1600, 

Washington, DC 20530. 

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