Availability of a Proposed Safe Harbor Agreement for Five Species of Birds in Kauai, Maui, HI, and Honolulu Counties, HI, 78452-78454 [E6-22385]
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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices
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agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) 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:
Extension of currently approved
collection.
(2) Title of the Form/Collection:
Guarantee of Payment.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: I–510. U.S.
Immigration and Customs Enforcement.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals and
Households. This information collection
provides a uniform method for
applicants to apply for refugee status
and contains the information needed in
order to adjudicate such applications.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 100 responses at
approximately 5 minutes per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 8 annual burden hours.
If additional information is required
contact: USICE, Records Management
Branch, 425 I St., NW., Room 1122,
Washington, DC 20536, (202) 353–2717.
Dated: December 26, 2006.
Ricardo Lemus,
Chief, Records Management Branch, U.S.
Immigration and Customs Enforcement,
Department of Homeland Security.
[FR Doc. E6–22393 Filed 12–28–06; 8:45 am]
BILLING CODE 4410–10–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5045–N–52]
Federal Property Suitable as Facilities
to Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
DATES: Effective Date: December 29,
2006.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Department of Housing
and Urban Development, Room 7262,
451 Seventh Street, SW., Washington,
DC 20410; telephone (202) 708–1234;
TTY number for the hearing- and
speech-impaired (202) 708–2565, (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 1–800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with the December 12, 1988
court order in National Coalition for the
Homeless v. Veterans Administration,
No. 88–2503–OG (D.D.C.), HUD
publishes a Notice, on a weekly basis,
identifying unutilized, underutilized,
excess and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist
the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.
Dated: December 21, 2006.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. 06–9879 Filed 12–28–06; 8:45 am]
BILLING CODE 4210–67–M
DEPARTMENT OF INTERIOR
Office of the Secretary
Delaware & Leigh National Heritage
Corridor Commission Meeting
Office of the Secretary,
Department of Interior.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: This notice announces an
upcoming meeting of the Delaware and
Lehigh National Heritage Corridor
Commission. Notice of this meeting is
required under the Federal Advisory
Committee Act (Public Law 92–463).
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Meeting Date and Time: Friday, January
12, 2006–1:30 p.m. to 4 p.m.
Address: Emrick Technology Center,
2750 Hugh Moore Park Road, Easton,
PA 18042.
The agenda for the meeting will focus
on implementation of the Management
Action Plan for the Delaware and
Lehigh National Heritage Corridor and
State Heritage Park. The Commission
was established to assist the
Commonwealth of Pennsylvania and its
political subdivisions in planning and
implementing an integrated strategy for
protecting and promoting cultural,
historic and natural resources. The
Commission reports to the Secretary of
the Interior and to Congress.
SUPPLEMENTARY INFORMATION: The
Delaware & Lehigh National Heritage
Corridor Commission was established
by Public Law 100– , November 18,
1988 and extended through Public Law
105–355, November 13, 1998.
FOR FURTHER INFORMATION CONTACT: C.
Allen Sachse, Executive Director,
Delaware & Lehigh National Heritage
Corridor Commission, 2750 Hugh Moore
Park Road, Easton PA 18042, (610) 923–
3548.
Dated: December 22, 2006.
C. Allen Sachse,
Executive Director, Delaware & Lehigh
National Heritage Corridor Commission.
[FR Doc. 06–9925 Filed 12–28–06; 8:45 am]
BILLING CODE 6820–PE–M
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Proposed Safe Harbor
Agreement for Five Species of Birds in
Kauai, Maui, HI, and Honolulu
Counties, HI
Fish and Wildlife Service,
Interior.
ACTION: Receipt of application; notice of
availability.
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (we, the Service) has received
applications for enhancement of
survival permits pursuant to section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (ESA), from
four Resource Conservation and
Development councils (RC&Ds,
Applicants) in the State of Hawaii:
Garden Island RC&D, Kauai County; TriIsle RC&D, Maui County; Big Island
RC&D, Hawaii County; and Oahu RC&D,
Honolulu County. The permit
applications include a proposed
programmatic Safe Harbor Agreement
(SHA) between the Applicants and the
Service. The proposed SHA provides for
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voluntary habitat restoration,
maintenance, enhancement, or creation
activities to enhance the habitat and
recovery of Hawaiian goose (Branta
sandvicensis), Hawaiian duck (Anas
wyvilliana), Hawaiian moorhen
(Gallinula chloropus sandvicensis),
Hawaiian coot (Fulica alai), and
Hawaiian stilt (Himantopus mexicanus
knudseni) (collectively ‘‘Covered
Species’’) on non-Federal lands in the
State of Hawaii. The proposed duration
of both the SHA and permits is 50 years.
The Service believes that the
proposed SHA and permit applications
may be eligible for categorical exclusion
under the National Environmental
Policy Act of 1969 (NEPA). The basis for
this is contained in a draft
Environmental Action Statement, which
also is available for public review.
The Service and the State of Hawaii’s
Department of Fish and Wildlife
(DOFAW) hold concurrent processes for
the review of both Federal and State
permit applications and draft Safe
Harbor Agreements. As part of the
DOFAW process, public meetings will
take place to allow for discussion and
comment. Dates and locations for which
DOFAW has scheduled public meetings
are: December 5, 2006, Lanai High
School, Lanai City; December 7, 2006,
Kalanimoku Building, Room 132,
Honolulu; December 12, 2006, Lihue
Neighborhood Community Center,
Lihue; December 13, 2006: Mitchell
Pauole Community Center, Kaunakakai;
December 19, 2006, Velma McWayne
Santos Community Center, Wailuku;
December 21, 2006, Hilo Division of
Forestry and Wildlife Office, Hilo. All
meetings are scheduled to begin at 7
p.m.
DATES: Written comments must be
received by 5 p.m. on January 29, 2007.
ADDRESSES: Please address comments to
Patrick Leonard, Field Supervisor,
Pacific Islands Fish and Wildlife Office,
300 Ala Moana Boulevard, Room #3–
122, Honolulu, Hawaii, facsimile
number (808) 792–9580.
FOR FURTHER INFORMATION CONTACT: Jeff
Newman, Fish and Wildlife Biologist,
(see ADDRESSES), telephone (808) 792–
9400.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the
permit applications, the draft
Environmental Action Statement, or
copies of the full text of the proposed
SHA, including a map of the proposed
permit areas, references, and description
of the proposed permit areas, should
contact the office and personnel listed
in the ADDRESSES section. Documents
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18:15 Dec 28, 2006
Jkt 211001
also will be available for public
inspection at the Pacific Islands Fish
and Wildlife Office (see ADDRESSES), by
appointment between the hours of 8
a.m. and 5 p.m.
We specifically request information,
views, and opinions from the public on
the proposed Federal action of issuing
these permits, including the
identification of any aspects of the
human environment not already
analyzed in our draft Environmental
Action Statement. Further, we
specifically solicit information
regarding the adequacy of the proposed
SHA as measured against our permit
issuance criteria found in 50 CFR
17.22(c).
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 identity from the
administrative record. We will honor
such requests to the extent allowed by
law. Respondents wishing us to
withhold their identity (e.g., individual
name, home address and home phone
number) must state this prominently at
the beginning of their comments. We
will make all submissions from
organizations, agencies or businesses,
and from individuals identifying
themselves as representatives of officials
of such entities, available for public
inspection in their entirety.
Background
A SHA encourages private
landowners to conduct voluntary
conservation activities and assures them
that they will not be subjected to
increased listed species restrictions
should their beneficial stewardship
efforts result in increased numbers of
listed species. Application requirements
and issuance criteria for enhancement of
survival permits and SHAs are found in
50 CFR 17.22(c). The primary objective
of this proposed SHA is to encourage
voluntary habitat restoration,
maintenance or enhancement activities
to benefit the Covered Species on
private lands. Individual landowners
who enter into the provisions of a
Cooperative Agreement with Applicants
are relieved from any additional ESA
section 9 liability beyond that which
exists at the time the Cooperative
Agreement is signed and a Certificate of
Inclusion is issued. As long as enrolled
landowners allow the agreed-upon
conservation measures to be completed
on their property and agree to maintain
their baseline responsibilities, they may
make any other lawful use of the
property during the term of the
Cooperative Agreement, even if such
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78453
use results in the take of individuals of
the Covered Species or harm to the
Covered Species’ habitat above the
baseline.
As proposed in the SHA, landowners
on non-Federal land in the State of
Hawaii, as identified by the Draft
Hawaiian Goose Recovery Plan and
Draft Hawaiian Waterbird Recovery
Plan, may be enrolled by the Applicants
under the proposed SHA. Individual
landowners, as Cooperators, would
receive Certificate of Inclusions when
they sign Cooperative Agreements. Each
Cooperative Agreement would include:
(1) A map of the property with a
delineation of the portion of the
property to be enrolled; (2) the
property’s baseline described as a
population estimate (Hawaiian goose) or
habitat acres or miles (Hawaiian duck,
Hawaiian moorhen, Hawaiian coot,
Hawaiian stilt); (3) documentation of the
biological surveys conducted to
determine the baseline; (4) a description
of the specific conservation measures to
be completed; and (5) the
responsibilities of the Cooperator and
the Applicants.
The Applicants would provide draft
copies of the Cooperative Agreements to
the Service and DOFAW for an
opportunity to review and concur with
the recommended management
activities and conservation measures.
The Service and DOFAW would have a
period of 30 days in which to make
comments on the Cooperative
Agreements. Upon address of comments
from the Service and DOFAW, the
Applicants would proceed to finalize
the Cooperative Agreements. The
Applicants, as the Permittees, would be
responsible for annual monitoring and
reporting related to implementation of
the SHA and Cooperative Agreements
and fulfillment of provisions by the
Cooperators. As specified in the
proposed SHA, the Applicants would
issue yearly reports to the Service
related to implementation of the
program. As specified in the RC&D and
USDA Natural Resources Conservation
Service (NRCS) Memorandum of
Understanding (Exhibit 1 of SHA),
NRCS would assist the RC&Ds with the
completion of Cooperative Agreements,
monitoring, and annual reports.
Each Cooperative Agreement would
cover conservation activities to create,
maintain, restore, or enhance wetlands,
uplands, or riparian habitat for one or
more of the Covered Species and assist
in achievement of the recovery goals of
the species. These actions, where
appropriate, could include (but are not
limited to): (1) Restoration of habitat
form and function; (2) installation of
fences to exclude or control access by
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78454
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices
livestock and other domestic animals;
(3) assessment and control of feral
ungulates and introduced predators; (4)
control of invasive plants and
reestablishment of native plants that are
beneficial to the Covered Species; (5)
establishment of riparian buffers as well
as facilitation of the implementation of
other objectives recommended by the
recovery plans for the Covered Species.
The overall goal of Cooperative
Agreements entered into under the
proposed SHA is to produce
conservation measures that are mutually
beneficial to the Cooperators and the
long-term existence of the Covered
Species.
Based upon the probable species’
response time for the Covered Species to
reach a net conservation benefit, the
Service estimates it will take 5 years of
implementing the planned conservation
measures to fully reach a net
conservation benefit; some level of
benefit would likely occur within a
shorter time period. Cooperative
Agreements under the proposed SHA
would have at least 10 years’ duration.
After maintenance of the restored/
created/enhanced habitat for the
Covered Species on the property for the
agreed-upon term, Cooperators may
then conduct otherwise lawful activities
on their property that result in the
partial or total elimination of the habitat
improvements and the taking of the
Covered Species. However, the
restrictions on returning a property to
its original baseline condition include:
(1) The Cooperator must demonstrate
that baseline conditions were
maintained during the term of the
Cooperative Agreement and the
conservation measures necessary for
achieving a net conservation benefit
were carried out; (2) the Applicant and
the Service will be notified a minimum
of 60 days prior to the activity and given
the opportunity to capture, rescue, and/
or relocate any of the Covered Species;
and (3) return to baseline conditions
must be completed within the term of
the Certificate of Inclusion issued to the
Applicant. Cooperative Agreements
could be extended if the Applicant’s
permit is renewed and that renewal
allows for such an extension.
The Service believes that approval of
the proposed SHA may qualify for a
categorical exclusion under NEPA, as
provided by the Department of Interior
Manual (516 DM 2, Appendix 1 and 516
DM 6, Appendix 1) based on the
following criteria: (1) Implementation of
the SHA would result in minor or
negligible effects on federally listed,
proposed, and candidate species and
their habitats; (2) implementation of the
SHA would result in minor or negligible
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18:15 Dec 28, 2006
Jkt 211001
effects on other environmental values or
resources; and (3) impacts of the SHA,
considered together with the impacts of
other past, present and reasonably
foreseeable similarly situated projects,
would not result, over time, in
cumulative effects to environmental
values or resources which would be
considered significant. This is more
fully explained in our draft
Environmental Action Statement. The
Service will consider public comments
in making its final determination on
whether to prepare such additional
NEPA documentation.
Decision
The Service provides this notice
pursuant to section 10(c) of the ESA and
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
We will evaluate the permit
application, the proposed SHA, and
comments submitted thereon to
determine whether the application
meets the requirements of section 10(a)
of the ESA and NEPA regulations. If the
requirements are met, we will sign the
proposed SHA and issue an
enhancement of survival permit under
section 10(a)(1)(A) of the ESA to the
Applicants for take of the Covered
Species incidental to otherwise lawful
activities of the project. We will not
make a final decision until after the end
of the 30 day comment period and will
fully consider all comments received
during the comment period.
Patrick Leonard,
Field Supervisor, Pacific Islands Fish and
Wildlife Office, Honolulu, Hawaii.
[FR Doc. E6–22385 Filed 12–28–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Final Environmental Impact Statement
and Comprehensive Conservation Plan
for Crab Orchard National Wildlife
Refuge in Illinois
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of record
of decision.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service, announce our decision
and the availability of the Record of
Decision (ROD) for the Final
Environmental Impact Statement (EIS)
and Comprehensive Conservation Plan
(CCP) for Crab Orchard National
Wildlife Refuge in accordance with
National Environmental Policy Act
(NEPA) requirements.
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Fmt 4703
Sfmt 4703
The ROD and Final EIS/CCP
may be viewed at Crab Orchard National
Wildlife Refuge Headquarters in Marion,
Illinois. You may obtain a copy of the
ROD on the planning Web site at https://
www.fws.gov/midwest/planning/
craborchard or by writing to: U.S. Fish
and Wildlife Service, Division of
Conservation Planning, Bishop Henry
Whipple Federal Building, 1 Federal
Drive, Fort Snelling, Minnesota 55111.
FOR FURTHER INFORMATION CONTACT: Dan
Frisk, (618) 997–3344.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service,
announce our decision and the
availability of the Record of Decision
(ROD) for the Final Environmental
Impact Statement (EIS) and
Comprehensive Conservation Plan
(CCP) for Crab Orchard National
Wildlife Refuge in accordance with
NEPA requirements (40 CFR 1506.6(b)).
We completed a thorough analysis of
the environmental, social, and economic
considerations, which we included in
the Final EIS/CCP. The Final EIS/CCP
was released to the public and a notice
of availability was published in the
Federal Register (71 FR 52138–52139,
September 1, 2006). The ROD was
signed by the Regional Director, U.S.
Fish and Wildlife Service, Midwest
Region, on October 27, 2006, and
documents the selection of Alternative
E, the Preferred Alternative in the Final
EIS/CCP.
The CCP for Crab Orchard National
Wildlife Refuge (Refuge) will guide the
management and administration of the
Refuge for the next 15 years. Alternative
E, as described in the Final EIS, is the
foundation for the CCP.
Five alternatives and their
consequences were developed for the
Draft EIS and CCP, which was released
and a notice was published in the
Federal Register (70 FR 60364–60365,
October 17, 2005).
Alternative A—Current Management
(No Action). The current level of effort
on fish and wildlife and habitat
management would continue. The
current authorized recreation uses and
patterns would continue. Current
industrial leasing policies would remain
in place. The amount of agricultural
land would remain fairly constant.
Alternative B—Reduced Habitat
Fragmentation: Wildlife-dependent
Recreation Emphasis with Land
Exchange. The Refuge would emphasize
the reduction of habitat fragmentation
by making small changes in the current
habitat cover to gain larger,
unfragmented blocks of both forest and
grassland habitats. The alternative
would offer increased recreational
ADDRESSES:
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Agencies
[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Pages 78452-78454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22385]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Proposed Safe Harbor Agreement for Five Species
of Birds in Kauai, Maui, HI, and Honolulu Counties, HI
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Receipt of application; notice of availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (we, the Service) has
received applications for enhancement of survival permits pursuant to
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended
(ESA), from four Resource Conservation and Development councils (RC&Ds,
Applicants) in the State of Hawaii: Garden Island RC&D, Kauai County;
Tri-Isle RC&D, Maui County; Big Island RC&D, Hawaii County; and Oahu
RC&D, Honolulu County. The permit applications include a proposed
programmatic Safe Harbor Agreement (SHA) between the Applicants and the
Service. The proposed SHA provides for
[[Page 78453]]
voluntary habitat restoration, maintenance, enhancement, or creation
activities to enhance the habitat and recovery of Hawaiian goose
(Branta sandvicensis), Hawaiian duck (Anas wyvilliana), Hawaiian
moorhen (Gallinula chloropus sandvicensis), Hawaiian coot (Fulica
alai), and Hawaiian stilt (Himantopus mexicanus knudseni) (collectively
``Covered Species'') on non-Federal lands in the State of Hawaii. The
proposed duration of both the SHA and permits is 50 years.
The Service believes that the proposed SHA and permit applications
may be eligible for categorical exclusion under the National
Environmental Policy Act of 1969 (NEPA). The basis for this is
contained in a draft Environmental Action Statement, which also is
available for public review.
The Service and the State of Hawaii's Department of Fish and
Wildlife (DOFAW) hold concurrent processes for the review of both
Federal and State permit applications and draft Safe Harbor Agreements.
As part of the DOFAW process, public meetings will take place to allow
for discussion and comment. Dates and locations for which DOFAW has
scheduled public meetings are: December 5, 2006, Lanai High School,
Lanai City; December 7, 2006, Kalanimoku Building, Room 132, Honolulu;
December 12, 2006, Lihue Neighborhood Community Center, Lihue; December
13, 2006: Mitchell Pauole Community Center, Kaunakakai; December 19,
2006, Velma McWayne Santos Community Center, Wailuku; December 21,
2006, Hilo Division of Forestry and Wildlife Office, Hilo. All meetings
are scheduled to begin at 7 p.m.
DATES: Written comments must be received by 5 p.m. on January 29, 2007.
ADDRESSES: Please address comments to Patrick Leonard, Field
Supervisor, Pacific Islands Fish and Wildlife Office, 300 Ala Moana
Boulevard, Room 3-122, Honolulu, Hawaii, facsimile number
(808) 792-9580.
FOR FURTHER INFORMATION CONTACT: Jeff Newman, Fish and Wildlife
Biologist, (see ADDRESSES), telephone (808) 792-9400.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the permit applications, the draft
Environmental Action Statement, or copies of the full text of the
proposed SHA, including a map of the proposed permit areas, references,
and description of the proposed permit areas, should contact the office
and personnel listed in the ADDRESSES section. Documents also will be
available for public inspection at the Pacific Islands Fish and
Wildlife Office (see ADDRESSES), by appointment between the hours of 8
a.m. and 5 p.m.
We specifically request information, views, and opinions from the
public on the proposed Federal action of issuing these permits,
including the identification of any aspects of the human environment
not already analyzed in our draft Environmental Action Statement.
Further, we specifically solicit information regarding the adequacy of
the proposed SHA as measured against our permit issuance criteria found
in 50 CFR 17.22(c).
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 identity from the administrative record. We will honor such
requests to the extent allowed by law. Respondents wishing us to
withhold their identity (e.g., individual name, home address and home
phone number) must state this prominently at the beginning of their
comments. We will make all submissions from organizations, agencies or
businesses, and from individuals identifying themselves as
representatives of officials of such entities, available for public
inspection in their entirety.
Background
A SHA encourages private landowners to conduct voluntary
conservation activities and assures them that they will not be
subjected to increased listed species restrictions should their
beneficial stewardship efforts result in increased numbers of listed
species. Application requirements and issuance criteria for enhancement
of survival permits and SHAs are found in 50 CFR 17.22(c). The primary
objective of this proposed SHA is to encourage voluntary habitat
restoration, maintenance or enhancement activities to benefit the
Covered Species on private lands. Individual landowners who enter into
the provisions of a Cooperative Agreement with Applicants are relieved
from any additional ESA section 9 liability beyond that which exists at
the time the Cooperative Agreement is signed and a Certificate of
Inclusion is issued. As long as enrolled landowners allow the agreed-
upon conservation measures to be completed on their property and agree
to maintain their baseline responsibilities, they may make any other
lawful use of the property during the term of the Cooperative
Agreement, even if such use results in the take of individuals of the
Covered Species or harm to the Covered Species' habitat above the
baseline.
As proposed in the SHA, landowners on non-Federal land in the State
of Hawaii, as identified by the Draft Hawaiian Goose Recovery Plan and
Draft Hawaiian Waterbird Recovery Plan, may be enrolled by the
Applicants under the proposed SHA. Individual landowners, as
Cooperators, would receive Certificate of Inclusions when they sign
Cooperative Agreements. Each Cooperative Agreement would include: (1) A
map of the property with a delineation of the portion of the property
to be enrolled; (2) the property's baseline described as a population
estimate (Hawaiian goose) or habitat acres or miles (Hawaiian duck,
Hawaiian moorhen, Hawaiian coot, Hawaiian stilt); (3) documentation of
the biological surveys conducted to determine the baseline; (4) a
description of the specific conservation measures to be completed; and
(5) the responsibilities of the Cooperator and the Applicants.
The Applicants would provide draft copies of the Cooperative
Agreements to the Service and DOFAW for an opportunity to review and
concur with the recommended management activities and conservation
measures. The Service and DOFAW would have a period of 30 days in which
to make comments on the Cooperative Agreements. Upon address of
comments from the Service and DOFAW, the Applicants would proceed to
finalize the Cooperative Agreements. The Applicants, as the Permittees,
would be responsible for annual monitoring and reporting related to
implementation of the SHA and Cooperative Agreements and fulfillment of
provisions by the Cooperators. As specified in the proposed SHA, the
Applicants would issue yearly reports to the Service related to
implementation of the program. As specified in the RC&D and USDA
Natural Resources Conservation Service (NRCS) Memorandum of
Understanding (Exhibit 1 of SHA), NRCS would assist the RC&Ds with the
completion of Cooperative Agreements, monitoring, and annual reports.
Each Cooperative Agreement would cover conservation activities to
create, maintain, restore, or enhance wetlands, uplands, or riparian
habitat for one or more of the Covered Species and assist in
achievement of the recovery goals of the species. These actions, where
appropriate, could include (but are not limited to): (1) Restoration of
habitat form and function; (2) installation of fences to exclude or
control access by
[[Page 78454]]
livestock and other domestic animals; (3) assessment and control of
feral ungulates and introduced predators; (4) control of invasive
plants and reestablishment of native plants that are beneficial to the
Covered Species; (5) establishment of riparian buffers as well as
facilitation of the implementation of other objectives recommended by
the recovery plans for the Covered Species. The overall goal of
Cooperative Agreements entered into under the proposed SHA is to
produce conservation measures that are mutually beneficial to the
Cooperators and the long-term existence of the Covered Species.
Based upon the probable species' response time for the Covered
Species to reach a net conservation benefit, the Service estimates it
will take 5 years of implementing the planned conservation measures to
fully reach a net conservation benefit; some level of benefit would
likely occur within a shorter time period. Cooperative Agreements under
the proposed SHA would have at least 10 years' duration.
After maintenance of the restored/created/enhanced habitat for the
Covered Species on the property for the agreed-upon term, Cooperators
may then conduct otherwise lawful activities on their property that
result in the partial or total elimination of the habitat improvements
and the taking of the Covered Species. However, the restrictions on
returning a property to its original baseline condition include: (1)
The Cooperator must demonstrate that baseline conditions were
maintained during the term of the Cooperative Agreement and the
conservation measures necessary for achieving a net conservation
benefit were carried out; (2) the Applicant and the Service will be
notified a minimum of 60 days prior to the activity and given the
opportunity to capture, rescue, and/or relocate any of the Covered
Species; and (3) return to baseline conditions must be completed within
the term of the Certificate of Inclusion issued to the Applicant.
Cooperative Agreements could be extended if the Applicant's permit is
renewed and that renewal allows for such an extension.
The Service believes that approval of the proposed SHA may qualify
for a categorical exclusion under NEPA, as provided by the Department
of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1)
based on the following criteria: (1) Implementation of the SHA would
result in minor or negligible effects on federally listed, proposed,
and candidate species and their habitats; (2) implementation of the SHA
would result in minor or negligible effects on other environmental
values or resources; and (3) impacts of the SHA, considered together
with the impacts of other past, present and reasonably foreseeable
similarly situated projects, would not result, over time, in cumulative
effects to environmental values or resources which would be considered
significant. This is more fully explained in our draft Environmental
Action Statement. The Service will consider public comments in making
its final determination on whether to prepare such additional NEPA
documentation.
Decision
The Service provides this notice pursuant to section 10(c) of the
ESA and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
We will evaluate the permit application, the proposed SHA, and
comments submitted thereon to determine whether the application meets
the requirements of section 10(a) of the ESA and NEPA regulations. If
the requirements are met, we will sign the proposed SHA and issue an
enhancement of survival permit under section 10(a)(1)(A) of the ESA to
the Applicants for take of the Covered Species incidental to otherwise
lawful activities of the project. We will not make a final decision
until after the end of the 30 day comment period and will fully
consider all comments received during the comment period.
Patrick Leonard,
Field Supervisor, Pacific Islands Fish and Wildlife Office, Honolulu,
Hawaii.
[FR Doc. E6-22385 Filed 12-28-06; 8:45 am]
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