Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 35883 

DATES: Application forms should reach 

the Coast Guard on or before November 

30, 2009. 

ADDRESSES: A copy of the application 

form, as well as this notice, is available 

in our online docket, USCG–2008–0799 

at http://www.regulations.gov and at the 

Coast Guard’s Advisory Committee 

homeport Web page at: https:// 

homeport.uscg.mil/nosac. You may 

request an application form by writing 

Mr. James Magill, Assistant Designated 

Federal Officer of NOSAC, Commandant 

(CG–5222), ATTN: Vessel and Facility 

Operations Standards, U.S. Coast Guard, 

2100 Second Street, SW., STOP 7126, 

Washington, DC 20593–7126; by calling 

202–372–1414; or by faxing 202–372– 

1926. Send your completed application 

to the Assistant Designated Federal 

Officer at the street address above. 

FOR FURTHER INFORMATION CONTACT: 

Commander Patrick W. Clark, 

Designated Federal Officer (DSO) of 

NOSAC, or James M. Magill, Assistant 

Designated Federal Officer, telephone 

202–372–1414, fax 202–372–1926. 

SUPPLEMENTARY INFORMATION: NOSAC is 

a Federal advisory committee 

established under the provisions of the 

Federal Advisory Committee Act 

(FACA), (codified at 5 U.S.C.). It 

consists of 15 regular members who 

have particular knowledge and 

experience regarding offshore 

technology, equipment, safety and 

training, as well as environmental 

expertise in the exploration or recovery 

of offshore mineral resources. It 

provides advice and makes 

recommendations to the Assistant 

Commandant for Marine Safety, 

Security and Stewardship regarding 

safety, security and rulemaking matters 

relating to the offshore mineral and 

energy industries. This advice assists 

the Coast Guard in developing policy 

and regulations and formulating the 

positions of the United States in 

advance of meetings of the International 

Maritime Organization. 

NOSAC meets approximately twice a 

year, with one of these meetings being 

held at Coast Guard Headquarters in 

Washington, DC. It may also meet for 

extraordinary purposes. Its 

subcommittees and working groups may 

meet to consider specific issues or 

topics as required. 

We will consider applications for five 

positions. These positions will begin in 

January 2010. Applications should 

reach the Coast Guard by November 30, 

2009. If we do not receive sufficient 

qualified applicants by the deadline we 

may consider applications received later 

if they arrive within a reasonable time 

before we make our recommendations to 

the Secretary of Homeland Security. 

To be eligible, applicants should have 

experience in one of the following 

categories: (1) Offshore operations, (2) 

diving services associated with offshore 

activities, (3) general public, (4) 

pipelaying services, or (5) deepwater 

ports. Please state on the application 

form which of the five categories you 

are applying for. Each member normally 

serves a term of 3 years or until a 

replacement is appointed. A few 

members may serve consecutive terms. 

All members serve at their own expense 

and receive no salary, reimbursement of 

travel expenses, or other compensation 

from the Federal Government. 

In support of the Coast Guard policy 

on gender and ethnic 

nondiscrimination, we encourage 

qualified men and women and members 

of all racial and ethnic groups to apply. 

The Coast Guard values diversity; all the 

different characteristics and attributes of 

persons that enhance the mission of the 

Coast Guard. 

If you are interested in applying to 

become a member of NOSAC, send a 

completed application form to Mr. 

James Magill, Assistant Designated 

Federal Officer of NOSAC, Commandant 

(CG–5222), Attn: Vessel and Facility 

Operations Standards, U.S. Coast Guard, 

2100 Second Street, SW., STOP 7126, 

Washington, DC 20593–7126; by calling 

202–372–1414; or by faxing 202–372– 

1926. Send the application form in time 

for it to be received by the Assistant 

DFO on or before November 30, 2009. 

A copy of the application form is 

available in the docket for this notice. 

To visit our online docket, go to 

http://www.regulations.gov, enter the 

docket number for this notice (USCG– 

2009–0661) in the Search box, and click 

‘‘Go’’. 

Dated: July 14, 2009. 

Howard L. Hime, 

Acting Director of Commercial Regulations 

and Standards, Assistant Commandant for 

Marine Safety, Security and Stewardship. 

[FR Doc. E9–17288 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2009–N129; 10120–1112– 

0000–F2] 

Endangered and Threatened Wildlife 

and Plants; Permit Application, 

Northern Spotted Owl, Oregon 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Receipt of application for 

enhancement of survival permit; notice 

of availability of programmatic safe 

harbor agreement. 

SUMMARY: The Oregon Department of 

Forestry (ODF) has applied to the U.S. 

Fish and Wildlife Service (Service) for 

an enhancement of survival permit 

(permit) pursuant to the Endangered 

Species Act of 1973, as amended. The 

permit application includes a proposed 

programmatic safe harbor agreement 

(Agreement) between ODF, the U.S. 

Department of Agriculture—Natural 

Resources Conservation Service (NRCS), 

and the Service. The proposed term of 

the permit and Agreement is 50 years. 

The requested permit would authorize 

ODF to extend incidental take coverage 

with assurances through issuance of 

Certificates of Inclusion to eligible 

landowners who are willing to carry out 

habitat management measures that 

would benefit the northern spotted owl 

(Strix occidentalis caurina), which is 

federally listed as threatened. The 

covered area or geographic scope of this 

Agreement includes non-Federal forest 

lands within the range of the spotted 

owl in Oregon. 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 

August 20, 2009. 

ADDRESSES: You may submit your 

written comments to State Supervisor 

(see SUPPLEMENTARY INFORMATION

below). Include your name and address 

in your comments and refer to the 

‘‘Spotted Owl Programmatic Safe Harbor 

Agreement.’’ 

FOR FURTHER INFORMATION CONTACT: 

Richard Szlemp (see SUPPLEMENTARY

INFORMATION below), 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: 

Document Availability 

You may obtain copies of the draft 

documents by contacting the State 

Supervisor, Oregon Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

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

OR 97266; telephone (503) 231–6179; 

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 at http:// 

www.fws.gov/oregonfwo/species/. The 


jlentini on DSKJ8SOYB1PROD with NOTICES
35884 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 

Service is furnishing this notice to 

provide the public, other State and 

Federal agencies, and interested Tribes 

an opportunity to review and comment 

of the draft documents. 

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. 

Background 

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 nonFederal 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 for 

federally listed threatened species 

through Safe Harbor Agreements are 

found in 50 CFR 17.32(c). These permits 

allow 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 ODF and NRCS for the 

conservation of the northern spotted 

owl. State of Oregon statutes give ODF 

the authority to enter into Stewardship 

Agreements with landowners who wish 

to voluntarily improve fish and wildlife 

habitat and water quality. Stewardship 

Agreements provide regulatory certainty 

to landowners in complying with State 

forest practice requirements. The 

proposed Safe Harbor Agreement is 

intended to compliment ODF’s 

Stewardship Agreement program. 

On March 30, 2009, NRCS announced 

a sign-up for the Healthy Forest Reserve 

Program (HFRP) in Oregon to 

landowners interested in promoting the 

recovery of threatened and endangered 

species, improving biodiversity, and 

enhancing carbon sequestration. The 

sign-up period closed on April 30, 2009. 

The HFRP is a voluntary program 

established for the purpose of restoring 

and enhancing forest ecosystems. There 

are two enrollment options with the 

HFRP in Oregon for fiscal year 2009: A 

10-year restoration agreement and a 

permanent easement. Under a 

restoration agreement, participants can 

receive 50 percent of the cost of selected 

conservation practices. With a 

permanent easement, the HFRP pays 

100 percent of the easement value and 

100 percent of the cost of selected 

activities. Landowners continue to 

manage the land for timber production 

while maintaining habitat for spotted 

owls under the permanent easement. 

The HFRP is incorporated into the 

Agreement to provide an additional 

financial incentive for landowners to 

become a party to the Agreement. The 

future availability of funding for the 

HFRP will depend upon Congressional 

appropriations. 

The area covered by this Agreement 

includes all non-Federal, forest-capable 

lands within the historic range of the 

spotted owl in Oregon. Sites not 

currently occupied by spotted owls or 

not containing potentially suitable 

habitat 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 known to be occupied by 

spotted owls or that contain suitable 

habitat will have their baseline 

conditions determined on a case-by-case 

basis by ODF and the Service, with 

landowner consent. Baseline conditions 

will be expressed in terms of the 

amount (acres) and quality of habitat. 

Forest characteristics such as stand age, 

tree species composition, average 

diameters, number of canopy layers, 

average canopy closure, and number of 

snags will be used to reference habitat 

quality. 

The purpose of this Agreement is to 

encourage private landowners to create, 

maintain, and enhance spotted owl 

habitat through forest management. The 

northern spotted owl was listed as a 

threatened species by the Service in 

1990 (55 FR 26114) via a final rule 

published in the Federal Register June 

26, 1990, with an effective date of July 

30, 1990. One of the primary threats 

affecting the spotted owl is the 

widespread loss of suitable habitat. 

Spotted owls are most often found in 

older forests with: High canopy closure; 

a multi-layered/multi-species canopy; 

larger trees (greater than 30 inches 

diameter at chest height); a high 

incidence of those large trees with 

various deformities (broken tops, large 

cavities, e.g.); large dead trees; 

accumulations of woody debris on the 

ground, including large fallen trees; and 

sufficient open space below the tree 

canopy for spotted owls to fly. Much of 

the private, commercial forest land in 

Oregon has been previously harvested at 

least once and has been replanted. The 

even-aged forest stands that typically 

develop after replanting are dense, with 

little variation in tree spacing, tree 

heights, and species composition. Trees 

are often harvested on 40–60 year 

rotations, or less. This type of 

management does not provide the time 

for development of good quality spotted 

owl habitat, or the conditions to 

establish a diversity of habitat structure. 

This Agreement is intended to 

encourage landowners to voluntarily 

manage their forests on longer rotations 

and to create more structural diversity 

through active management that would 

more closely mimic natural conditions. 

Under this Agreement, private lands 

may be enrolled through individual 

Stewardship Agreements between the 

ODF and cooperating landowners. 

Landowners who also participate in the 

HFRP will have to meet additional 

NRCS requirements. The duration of the 

Stewardship Agreements would vary 

depending on circumstances, but would 

not be less than 10 years. Cooperators 

will be issued a Certificate of Inclusion 

which will allow activities on the 

enrolled properties to be included 

within ODF’s section 10(a)(1)(A) 

enhancement of survival permit. 

Cooperators may renew their 

Stewardship Agreements to remain in 

effect for the 50-year duration of the 

permit. Cooperators will avoid 

conducting activities that could 

adversely impact the spotted owl’s 

habitat during the term of their 

Stewardship Agreement. 

Without the regulatory assurances 

provided through the Agreement and 

permit, landowners may otherwise be 

unwilling or reluctant to manage their 

lands in a way that would attract 

federally listed species such as the 

spotted owl onto their properties. The 

proposed Agreement is expected to 

provide a net conservation benefit to the 

spotted owl by enhancing the quality, 

quantity, or connectivity of forest 

habitat, 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 35885 

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). 

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 that 

other applicable requirements have been 

satisfied. 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 ODF for the 

take of northern spotted owls, 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: July 14, 2009. 

Miel Corbett, 

Acting State Supervisor, Fish and Wildlife 

Service, Oregon Fish and Wildlife Office, 

Portland, Oregon. 

[FR Doc. E9–17281 Filed 7–20–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2009–N147; 80221–1113– 

0000–F5] 

Endangered Species Recovery Permit 

Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

applications; request for comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

to conduct certain activities with 

endangered species. With some 

exceptions, the Endangered Species Act 

(Act) prohibits activities with 

endangered and threatened species 

unless a Federal permit allows such 

activity. The Act also requires that we 

invite public comment before issuing 

these permits. 

DATES: Comments on these permit 

applications must be received on or 

before August 20, 2009. 

ADDRESSES: Written data or comments 

should be submitted to the U.S. Fish 

and Wildlife Service, Endangered 

Species Program Manager, Region 8, 

2800 Cottage Way, Room W–2606, 

Sacramento, CA, 95825 (telephone: 916– 

414–6464; fax: 916–414–6486). Please 

refer to the respective permit number for 

each application when submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Marquez, Fish and Wildlife 

Biologist; see ADDRESSES (telephone: 

760–431–9440; fax: 760–431–9624). 

SUPPLEMENTARY INFORMATION: The 

following applicants have applied for 

scientific research permits to conduct 

certain activities with endangered 

species under section 10(a)(1)(A) of the 

Act (16 U.S.C. 1531 et seq.). We seek 

review and comment from local, State, 

and Federal agencies and the public on 

the following permit requests. 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. 

Permit No. TE–217119 

Applicant: Carie M. Wingert, San Luis 

Obispo, California. 

The applicant requests a permit to 

take (harass by survey) the California 

least tern (Sterna Antillarum browni), 

and take (capture, handle, and release) 

the giant kangaroo rat (Dipodomys 

ingens) and Tipton kangaroo rat 

(Dipodomys nitratoides nitratoides) in 

conjunction with surveys and 

population monitoring studies 

throughout the range of each species in 

California for the purpose of enhancing 

their survival. 

Permit No. TE–785148 

Applicant: AMEC Earth and 

Environmental, San Diego, California. 

The applicant requests an amendment 

to an existing permit (August 28, 2001, 

66 FR 45322) to take (harass by survey, 

and locate/monitor nests) the California 

least tern (Sterna Antillarum browni) in 

conjunction with surveys and 

population monitoring studies 

throughout the range of the species in 

California for the purpose of enhancing 

its survival. 

Permit No. TE–214148 

Applicant: Patrick W. Del Pizzo, San 

Diego, California. 

The applicant requests a permit to 

take (harass by survey, and locate/ 

monitor nests) the California least tern 

(Sterna Antillarum browni) in 

conjunction with surveys and 

population monitoring studies 

throughout the range of the species in 

California for the purpose of enhancing 

its survival. 

Permit No. TE–217402 

Applicant: Julie M. Love, Santa Barbara, 

California. 

The applicant requests a permit to 

take (survey, capture, and release) the 

tidewater goby (Eucyclogobius 

newberryi) in conjunction with surveys 

and population monitoring throughout 

the range of the species in California for 

the purpose of enhancing its survival. 

Permit No. TE–217401 

Applicant: Cristina V. Slaughter, Santa 

Barbara, California. 

The applicant requests a permit to 

take (survey, capture, and release) the 

tidewater goby (Eucyclogobius 

newberryi) and Arroyo southwestern 

(Bufo microscaphus californicus) in 

conjunction with surveys and 

population monitoring throughout the 

range of each species in California for 

the purpose of enhancing their survival. 

Permit No. TE–781084 

Applicant: Anita M. Hayworth, 

Encinitas, California. 

The applicant requests an amendment 

to an existing permit (March 15, 1996, 

61 FR 10779) to take (capture, collect, 

and kill) the Conservancy fairy shrimp 

(Branchinecta conservatio), the 

longhorn fairy shrimp (Branchinecta 

longiantenna), and the vernal pool 

tadpole shrimp (Lepidurus packardi) in 

conjunction with surveys throughout 

the range of each species in California 

for the purpose of enhancing their 

survival. 

Permit No. TE–217663 

Applicant: Ann M. Dalkey, Redondo 

Beach, California. 

The applicant requests a permit to 

take (survey by pursuit) the Palos 

Verdes blue butterfly (Glaucopsyche 

lygdamus) in conjunction with surveys 

throughout the range of each species 

within the jurisdiction of the Carlsbad 

Fish and Wildlife Office, in California, 

for the purpose of enhancing its 

survival. 

Permit No. TE–802450 

Applicant: Arthur E. Davenport, 

Barstow, California. 

The applicant requests an amendment 

to an existing permit (June 8, 1995, 60 

FR 30314) to take (harass by survey) the 

southwestern willow flycatcher 

(Empidonax trailli extimus) in 

conjunction with surveys throughout 


jlentini on DSKJ8SOYB1PROD with NOTICES