Recovery Plan for the Chittenango Ovate Amber Snail, 48554-48555 [E6-13717]
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hsrobinson on PROD1PC72 with NOTICES
48554
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices
whether the law provides for the
following:
1. A provision that authorizes a
person (relator) to bring a civil action for
a violation of the State false claims act
for the person and for the State, which
will be brought in the name of the State.
2. A provision that requires a copy of
complaint and written disclosure of
material evidence and information to be
served on the State Attorney General in
accordance with State Rules of Civil
Procedure.
3. A provision that provides that
when a relator brings a qui tam action,
no person other than the State may
intervene or bring a related action based
on the facts underlying the pending
action.
4. Provisions that set forth rights of
parties to qui tam actions, including:
• If the State proceeds with the
action, the State has primary
responsibility in the action, but the
relator shall have the right to continue
as a party to the action; and
• If the State elects not to proceed
with the action, the relator may conduct
the action but the State may intervene
at a later date upon a showing of good
cause.
5. Provisions that reward a relator
with a share of the proceeds of the
action or settlement of the claim,
including:
• If the State proceeds with an action
brought by the qui tam relator, the
relator receives at least 15 percent of the
proceeds of the action or settlement of
the claim, and may receive a higher
percentage depending on the relator’s
contribution to the prosecution of the
action;
• If the State does not proceed with
an action, the relator receives at least 25
percent of the proceeds of the action or
settlement, and may receive a higher
percentage depending on the relator’s
contribution to the prosecution of the
action; and
• The court is authorized to award
the relator an amount for reasonable
expenses, including attorneys’ fees and
costs, to be awarded against the
defendant.
6. A statute of limitations period not
shorter than 6 years after the date of the
violation is committed, or 3 years after
the date when facts material to the right
of action are known or reasonably
should have been known by the State
official charged with the responsibility
to act in the circumstances, whichever
occurs last.
7. A provision that establishes the
burden of proof, for each of the elements
of the cause of action including
damages, no greater than a
preponderance of the evidence.
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17:53 Aug 18, 2006
Jkt 208001
8. A provision that provides a cause
of action for relators who suffer
retribution from employers for
whistleblower activities related to the
State false claims act.
OIG is required to consider whether
the State law is at least as effective in
rewarding and facilitating qui tam
actions when compared to the
provisions at 31 U.S.C. 3730–3732. State
false claims acts may include
procedural rights, reductions in relator
awards, jurisdictional bars, and other
qui tam provisions similar to those
found in the FCA that do not conflict
with the requirements of section
1909(b)(2) of the Act. However, if such
provisions are more restrictive than the
provisions in the FCA, OIG may
determine that a State law is not as
effective in rewarding or facilitating qui
tam actions. OIG will make such
determinations on a case-by-case basis
and in consultation with DOJ.
C. Seal Provisions
Under section 1909(b)(3) of the Act, a
State law must contain a requirement
for filing an action under seal for 60
days with review by the State Attorney
General. When evaluating whether a
State law meets the requirements of
section 1909(b)(3) of the Act, OIG will
consider whether the law provides a
provision that requires the complaint to
be filed in camera and to remain under
seal for at least 60 days. In addition, OIG
will consider whether the State law’s
seal provisions operate in a way that
conflict with the Federal seal in a
pendant FCA case.
D. Civil Penalty Provisions
Under section 1909(b)(4) of the Act,
the State law must contain a civil
penalty that is not less than the amount
of the civil penalty authorized under 31
U.S.C. 3729. OIG will review a State law
to determine if these provisions include
a provision that sets at least treble
damages (or double damages in
instances of timely self-disclosure and
full cooperation) and civil penalties at
amounts of at least $5,000 to $10,000
per false claim.2
IV. OIG Procedures for Reviewing State
False Claims Acts
As noted above, the effective date of
section 1909 of the Act is January 1,
2007. A State that, as of January 1, 2007,
2 DOJ is authorized to adjust the civil penalties
under the FCA for inflation and has issued
regulations that raise the FCA penalties. See Public
Law 101–410, 104 Stat. 890 (Oct. 5, 1990); 28 CFR
85.3. However, the statutory provisions of the FCA
identify the range of civil penalties as $5,000 to
$10,000, and OIG will review State laws based on
those statutory provisions.
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has a law in effect that meets the
enumerated requirements shall be
deemed in compliance with such
requirements for so long as the law
continues to meet such requirements.
With the publication of these
guidelines, OIG will accept requests for
review of State laws to determine if they
meet the requirements of section
1909(b) of the Act. In order to request
OIG review of a State law, the State
Attorney General’s office should submit
a complete copy of the State law, or any
other relevant information, to the
following address: Office of Inspector
General, Department of Health and
Human Services, Cohen Building, Mail
Stop 5527, 330 Independence Avenue,
SW., Washington, DC 20201, Attention:
Roderick Chen, Office of Counsel to the
Inspector General.
Submissions by telecopier, facsimile,
or other electronic media will not be
accepted. OIG will review the State law
under these guidelines and in
consultation with DOJ, and inform the
State Attorney General’s office in
writing whether the State law meets the
requirements of section 1909(b) of the
Act.
Dated: August 16, 2006.
Daniel R. Levinson,
Inspector General.
[FR Doc. E6–13749 Filed 8–18–06; 8:45 am]
BILLING CODE 4150–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Recovery Plan for the Chittenango
Ovate Amber Snail
Fish and Wildlife Service,
Interior.
ACTION: Notice of document availability:
final revised recovery plan.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce availability
of a final revised recovery plan for the
endangered Chittenango ovate amber
snail (Novisuccinea chittenangoensis).
The final plan incorporates comments
received during the public and peer
review period and updates the
objectives, criteria, and actions for
recovering this endangered species.
ADDRESSES: A copy of the revised plan
may be requested by contacting the Fish
and Wildlife Service’s New York Field
Office (NYFO), 3817 Luker Road,
Cortland, New York 13045. Copies will
also be available for downloading from
the NYFO’s Web site at https://
www.fws.gov/northeast/nyfo/es/
recoveryplans.htm, and from the
E:\FR\FM\21AUN1.SGM
21AUN1
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices
Service’s Endangered Species Web site
at https://www.fws.gov/endangered/
recovery/.
FOR FURTHER INFORMATION CONTACT: Ms.
Robyn Niver, U.S. Fish and Wildlife
Service, at the above address or by
telephone at 607–753–9334.
SUPPLEMENTARY INFORMATION:
hsrobinson on PROD1PC72 with NOTICES
Background
Restoring an endangered or
threatened animal or plant to the point
where it is again a secure, selfsustaining member of its ecosystem is a
primary goal of the Service’s
endangered species program. To help
guide the recovery effort, the Service is
working to prepare recovery plans for
most of the Federally listed species
native to the United States. Recovery
plans describe actions necessary for the
conservation of the species, establish
criteria which, when met, would result
in a determination that the species no
longer needs the protection of the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.) (Act),
and provide estimates of the time and
cost for implementing the needed
recovery measures.
The Act requires recovery plans for
listed species unless such a plan would
not promote the conservation of a
particular species. Section 4(f) of the
Act, as amended in 1988, requires that
public notice and opportunity for public
review and comment be provided
during recovery plan development. A
final rule listing the Chittenango ovate
amber snail (Novisuccinea
chittenangoensis) as threatened was
published in the Federal Register on
July 3, 1978 (43 FR 28932), and became
effective on August 2, 1978. The initial
recovery plan for the species was
completed in March 1983 (Riexinger, P.,
J. Proud, T. Lyons, and D. Sulitka. 1983.
Chittenango ovate amber snail recovery
plan. Region 5, U.S. Fish and Wildlife
Service Report, in cooperation with the
Chittenango Ovate Amber Recovery
Team. March 24, 1983). A draft recovery
plan revision was prepared and issued
for the species in 2003.
Issuance of the draft revised plan
included a notice of availability and
opportunity for public comment (68 FR
68102, December 5, 2003) and other
public notification efforts. Pertinent
information received by the Service
during the public comment period has
been considered in preparation of the
final revised recovery plan and is
summarized in an appendix to the plan.
This information will also be taken into
account in the course of implementing
recovery actions. In addition, new
information on population status and
VerDate Aug<31>2005
17:53 Aug 18, 2006
Jkt 208001
genetics that has become available since
publication of the draft in 2003 has
informed the final plan with a better
understanding of the snail’s distribution
within its sole population, and has
alleviated concerns about possible
hybridization between Novisuccinea
chittenangoensis and an introduced
snail occupying the same habitat. The
new information has resulted in only a
slight shift in the recovery strategy for
this species, which continues to be
highly imperiled.
Since its discovery in 1905, only one
extant N. chittenangoensis colony has
been verified, from a site within the
Chittenango Falls State Park in Madison
County, New York. The Chittenango
ovate amber snail is a terrestrial species
that requires the cool, mild-temperature,
moist conditions provided by the
waterfalls and mist in its environment.
Its habitat lies within a ravine at the
base of a 167-foot waterfall, and the
ledges where it is found comprise an
early successional sere that is
periodically rejuvenated to a bare
substrate by floodwaters. The species
requires a substrate rich in calcium
carbonate and appears to prefer green
vegetation such as the various mosses,
liverworts, and other low herbaceous
vegetation found within the spray zone
adjacent to the falls. Clean water may be
necessary to maintain essential habitat,
although water quality may have only
an indirect effect on the snail.
The Chittenango ovate amber snail
was listed due to its rarity and
population decline. Since listing,
habitat protection and captive
propagation measures have been
implemented. Unfortunately, the
captive propagation efforts to date have
been unsuccessful, and the species’
status remains exceedingly precarious.
The primary continuing threats to the
snail are its small population size and
limited distribution as well as an
undefined negative interaction with an
introduced snail, Succinea sp. B.
Additionally, potential threats persist
from habitat changes and inadvertent
human disturbance.
The final revised recovery plan
includes updated scientific information
about the Chittenango ovate amber snail
and identifies research and management
actions needed to conserve and recover
species within its ecosystem. The
recovery goal for the snail is to achieve
long-term viability of the species in the
wild, thereby allowing it to be taken off
the Federal List of Endangered and
Threatened Wildlife. The initial
recovery objective is to stabilize the
extant population at Chittenango Falls.
Two necessary conditions for
stabilization are maintaining (or
PO 00000
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Fmt 4703
Sfmt 4703
48555
increasing) the baseline population size
of the natural colony and maintaining
multiple captive populations of N.
chittenangoensis. Achievement of the
first condition will entail habitat
management planning and research into
the species’ biological requirements and
possible means of controlling the
competing Succinea sp. B. In addition to
securing the in situ conditions
necessary to stabilize the natural
population, captive propagation should
be reinitiated in accordance with a
newly established propagation protocol
to safeguard against extinction of this
species.
If and when stabilization of the extant
N. chittenangoensis population at
Chittenango Falls has been achieved,
progress toward full recovery of the
species can commence. This will
include augmentation of the population
at the Falls, searching for other possible
extant populations, long-term
maintenance of captive populations,
and investigating the feasibility of
initiating a population of N.
chittenangoensis at an alternative
location. The plan includes criteria for
determining when the objectives of
stabilization and full recovery have been
met.
Author: Mary Parkin, Recovery
Coordinator, Endangered Species
Program, Fish and Wildlife Service,
Region 5.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
Dated: July 27, 2006.
Michael G. Thabault,
Acting Regional Director, Region 5, U.S. Fish
and Wildlife Service.
[FR Doc. E6–13717 Filed 8–18–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
under the Clean Water Act
Under 28 CFR 50.7, notice is hereby
given that on August 15, 2006, a
proposed Consent Decree (‘‘Decree’’) in
United States and Commonwealth of
Kentucky, Environmental and Public
Protection Cabinet v. Mid-Valley
Pipeline Company, Sunoco Pipeline
L.P., and Sun Pipe Line Company, Civil
Action No. 06–57–KKC, was lodged
with the United States District Court for
the Eastern District of Kentucky.
In this action, the United States
alleged Clean Water Act (‘‘CWA’’)
violations arising from two spills of
crude oil from the Mid-Valley Pipeline
(MVPL). In the Complaint, the United
E:\FR\FM\21AUN1.SGM
21AUN1
]]>Agencies
[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Notices]
[Pages 48554-48555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13717]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Recovery Plan for the Chittenango Ovate Amber Snail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability: final revised recovery plan.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce
availability of a final revised recovery plan for the endangered
Chittenango ovate amber snail (Novisuccinea chittenangoensis). The
final plan incorporates comments received during the public and peer
review period and updates the objectives, criteria, and actions for
recovering this endangered species.
ADDRESSES: A copy of the revised plan may be requested by contacting
the Fish and Wildlife Service's New York Field Office (NYFO), 3817
Luker Road, Cortland, New York 13045. Copies will also be available for
downloading from the NYFO's Web site at https://www.fws.gov/northeast/
nyfo/es/recoveryplans.htm, and from the
[[Page 48555]]
Service's Endangered Species Web site at https://www.fws.gov/endangered/
recovery/.
FOR FURTHER INFORMATION CONTACT: Ms. Robyn Niver, U.S. Fish and
Wildlife Service, at the above address or by telephone at 607-753-9334.
SUPPLEMENTARY INFORMATION:
Background
Restoring an endangered or threatened animal or plant to the point
where it is again a secure, self-sustaining member of its ecosystem is
a primary goal of the Service's endangered species program. To help
guide the recovery effort, the Service is working to prepare recovery
plans for most of the Federally listed species native to the United
States. Recovery plans describe actions necessary for the conservation
of the species, establish criteria which, when met, would result in a
determination that the species no longer needs the protection of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)
(Act), and provide estimates of the time and cost for implementing the
needed recovery measures.
The Act requires recovery plans for listed species unless such a
plan would not promote the conservation of a particular species.
Section 4(f) of the Act, as amended in 1988, requires that public
notice and opportunity for public review and comment be provided during
recovery plan development. A final rule listing the Chittenango ovate
amber snail (Novisuccinea chittenangoensis) as threatened was published
in the Federal Register on July 3, 1978 (43 FR 28932), and became
effective on August 2, 1978. The initial recovery plan for the species
was completed in March 1983 (Riexinger, P., J. Proud, T. Lyons, and D.
Sulitka. 1983. Chittenango ovate amber snail recovery plan. Region 5,
U.S. Fish and Wildlife Service Report, in cooperation with the
Chittenango Ovate Amber Recovery Team. March 24, 1983). A draft
recovery plan revision was prepared and issued for the species in 2003.
Issuance of the draft revised plan included a notice of
availability and opportunity for public comment (68 FR 68102, December
5, 2003) and other public notification efforts. Pertinent information
received by the Service during the public comment period has been
considered in preparation of the final revised recovery plan and is
summarized in an appendix to the plan. This information will also be
taken into account in the course of implementing recovery actions. In
addition, new information on population status and genetics that has
become available since publication of the draft in 2003 has informed
the final plan with a better understanding of the snail's distribution
within its sole population, and has alleviated concerns about possible
hybridization between Novisuccinea chittenangoensis and an introduced
snail occupying the same habitat. The new information has resulted in
only a slight shift in the recovery strategy for this species, which
continues to be highly imperiled.
Since its discovery in 1905, only one extant N. chittenangoensis
colony has been verified, from a site within the Chittenango Falls
State Park in Madison County, New York. The Chittenango ovate amber
snail is a terrestrial species that requires the cool, mild-
temperature, moist conditions provided by the waterfalls and mist in
its environment. Its habitat lies within a ravine at the base of a 167-
foot waterfall, and the ledges where it is found comprise an early
successional sere that is periodically rejuvenated to a bare substrate
by floodwaters. The species requires a substrate rich in calcium
carbonate and appears to prefer green vegetation such as the various
mosses, liverworts, and other low herbaceous vegetation found within
the spray zone adjacent to the falls. Clean water may be necessary to
maintain essential habitat, although water quality may have only an
indirect effect on the snail.
The Chittenango ovate amber snail was listed due to its rarity and
population decline. Since listing, habitat protection and captive
propagation measures have been implemented. Unfortunately, the captive
propagation efforts to date have been unsuccessful, and the species'
status remains exceedingly precarious. The primary continuing threats
to the snail are its small population size and limited distribution as
well as an undefined negative interaction with an introduced snail,
Succinea sp. B. Additionally, potential threats persist from habitat
changes and inadvertent human disturbance.
The final revised recovery plan includes updated scientific
information about the Chittenango ovate amber snail and identifies
research and management actions needed to conserve and recover species
within its ecosystem. The recovery goal for the snail is to achieve
long-term viability of the species in the wild, thereby allowing it to
be taken off the Federal List of Endangered and Threatened Wildlife.
The initial recovery objective is to stabilize the extant population at
Chittenango Falls. Two necessary conditions for stabilization are
maintaining (or increasing) the baseline population size of the natural
colony and maintaining multiple captive populations of N.
chittenangoensis. Achievement of the first condition will entail
habitat management planning and research into the species' biological
requirements and possible means of controlling the competing Succinea
sp. B. In addition to securing the in situ conditions necessary to
stabilize the natural population, captive propagation should be
reinitiated in accordance with a newly established propagation protocol
to safeguard against extinction of this species.
If and when stabilization of the extant N. chittenangoensis
population at Chittenango Falls has been achieved, progress toward full
recovery of the species can commence. This will include augmentation of
the population at the Falls, searching for other possible extant
populations, long-term maintenance of captive populations, and
investigating the feasibility of initiating a population of N.
chittenangoensis at an alternative location. The plan includes criteria
for determining when the objectives of stabilization and full recovery
have been met.
Author: Mary Parkin, Recovery Coordinator, Endangered Species
Program, Fish and Wildlife Service, Region 5.
Authority: The authority for this action is section 4(f) of the
Endangered Species Act, 16 U.S.C. 1533(f).
Dated: July 27, 2006.
Michael G. Thabault,
Acting Regional Director, Region 5, U.S. Fish and Wildlife Service.
[FR Doc. E6-13717 Filed 8-18-06; 8:45 am]
BILLING CODE 4310-55-P
