[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36672-36673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13061]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB19


Issuance of Permit for Incidental Take of Threatened or 
Endangered Species

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on June 12, 2007, NMFS issued 
Permit 1613 for incidental take of threatened and endangered species, 
to the Green Diamond Resource Company, of northern California, pursuant 
to the Endangered Species Act of 1973, as amended. Copies of Incidental 
Take Permit 1613 and associated decision documents are available upon 
request.

ADDRESSES: If you would like copies of any of the above documents, 
please contact the Protected Resources Division of NOAA's National 
Marine Fisheries Service, Southwest Region, 1655 Heindon Road, Arcata, 
CA 95521 (ph: 707-825-5163, fax: 707-825B-840).

FOR FURTHER INFORMATION CONTACT: John P. Clancy at the above Arcata, 
California, address, telephone number (707-825-5175), or e-mail, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act 
(Act) and Federal regulations prohibit take of fish and wildlife 
species listed as endangered or threatened. Under the Act, the term 
``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct. NMFS 
has further defined ``harm'' as an act which actually kills or injures 
fish or wildlife, and emphasizes that such acts may include 
``significant habitat modification or degradation which actually kills 
or injures fish or wildlife by significantly impairing essential 
behavioral patterns, including breeding, spawning, rearing, migrating, 
feeding, or sheltering.'' NMFS may, under limited circumstances, issue 
permits to authorize take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
permits for the incidental taking of threatened and endangered species 
are found in 50 CFR 222.307.
    On June 12, 2007, NMFS issued Permit 1613 to the Green Diamond 
Resource Company for the incidental take of threatened and endangered 
species, pursuant to section 10(a)(1)(B) of the Act. Permit 1613 was 
issued after the following determinations were made: the permit 
application was submitted in good faith; all permit issuance criteria 
were met, including the requirement that granting the permit will not 
jeopardize the continued existence of the species; and the permit was 
consistent with the Act and applicable regulations, including a 
thorough review of the environmental effects of the action and 
alternatives, pursuant to the National Environmental Policy Act of 
1969. Permit 1613 authorizes incidental take of fish in two 
Evolutionarily Significant Units (ESUs) and one Distinct Population 
Segment (DPS) listed under the Act: California Coastal Chinook salmon 
(Oncorhynchus tshawytscha) ESU, Southern Oregon/Northern California 
Coast coho salmon (O. kisutch) ESU, and Northern California steelhead 
(O. mykiss) DPS. Permit 1613 also authorizes incidental take of fish in 
three unlisted ESUs (Klamath Mountains Province steelhead ESU, Upper 
Klamath/Trinity Rivers Chinook salmon ESU, and Southern Oregon and 
Northern California Coastal Chinook salmon ESU) should these species be 
listed during the 50-year term of the permit.
    Copies of Permit 1613 and associated documents are available upon 
request. Decision documents for Permit 1613 include Findings and 
Recommendations; a Biological Opinion; and a Record of Decision.


[[Page 36673]]


    Dated: June 28, 2007.
Marta Nammack,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, NOAA's National Marine Fisheries Service.
[FR Doc. E7-13061 Filed 7-3-07; 8:45 am]
BILLING CODE 3510-22-S