Availability of a Proposed Safe Harbor Agreement for Five Species of Birds in Kauai, Maui, HI, and Honolulu Counties, HI, 78452-78454 [E6-22385]

Download as PDF 78452 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices pwalker on PROD1PC69 with NOTICES 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 VerDate Aug<31>2005 18:15 Dec 28, 2006 Jkt 211001 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). PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Notices pwalker on PROD1PC69 with NOTICES 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 VerDate Aug<31>2005 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 E:\FR\FM\29DEN1.SGM 29DEN1 pwalker on PROD1PC69 with NOTICES 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 VerDate Aug<31>2005 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. PO 00000 Frm 00060 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: E:\FR\FM\29DEN1.SGM 29DEN1

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]


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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]
BILLING CODE 4310-55-P
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