[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Notices]
[Pages 50976-50977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4316]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Safe Harbor Agreement for the Oregon Chub, Lane County,
OR
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: Marilyn and Randy Sprick have applied to the U.S. Fish and
Wildlife Service (Service) for an enhancement of survival permit
pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973,
as amended (Act). The permit application includes a proposed Safe
Harbor Agreement (Agreement) between Mr. and Mrs. Sprick, the Oregon
Department of Fish and Wildlife, and the Service. The proposed term of
the Agreement is 10 years and the term of the permit is 30 years. The
requested permit would authorize Mr. and Mrs. Sprick to carry out
habitat management measures that would benefit the federally-listed as
endangered Oregon chub (Oregonichthys crameri). The covered area or
geographic scope of this Agreement includes an artificial pond
surrounded by a 100-foot buffer. We request comments from the public on
the permit application, proposed Agreement, and related documents,
which are available for review.
DATES: Comments must be received from interested parties on or before
October 5, 2007. The final permit decision will be made no sooner than
October 5, 2007.
ADDRESSES: You may obtain copies of the documents for review by
contacting Richard Szlemp, U.S. Fish and Wildlife Service, 2600 SE.
98th Ave., Suite 100, Portland, Oregon 97266; facsimile (503) 231-6195;
or by making an appointment to view the documents at the above address
during normal business hours. You may also view the documents on the
Internet through http://www.fws.gov/oregonfwo/species/. You may submit
your written comments to Kemper M. McMaster, State Supervisor, Fish and
Wildlife Service, 2600 SE. 98th Ave., Suite 100, Portland, Oregon
97266, or facsimile (503) 231-6195. Include your name and address in
your comments and refer to the `Sprick SHA'.
FOR FURTHER INFORMATION CONTACT: Richard Szlemp (see ADDRESSES) (503)
231-6179.
SUPPLEMENTARY INFORMATION: Under a Safe Harbor Agreement, participating
landowners voluntarily undertake management activities on their
property to enhance, restore, or maintain habitat benefiting species
listed under the Act (16 U.S.C. 1531 et seq.). Safe Harbor Agreements,
and the subsequent enhancement of survival permits that are issued
pursuant to section 10(a)(1)(A) of the Act, encourage private and other
non-federal property owners to implement conservation efforts for
listed species by assuring the landowners that they will not be
subjected to increased property use restrictions as a result of their
efforts to attract listed species to their property, or to increase the
numbers or distribution of listed species already on their property.
Application requirements and issuance criteria for enhancement of
survival permits through Safe Harbor Agreements are found in 50 CFR
17.22(c). These permits allow any necessary future incidental take of
any covered species above the mutually agreed upon baseline conditions
for those species in accordance with the terms of the permit and
accompanying agreement.
We have worked with Mr. and Mrs. Sprick and the Oregon Department
of Fish and Wildlife to develop the proposed Agreement for the
conservation of the Oregon chub. The area covered by this Agreement is
composed of an artificial pond with an approximate area of 0.65 acre,
and a 100-foot buffer surrounding the pond. The total area covered by
this Agreement is approximately 1.7 acres. Environmental baseline
conditions have been established as zero Oregon chub being present in
the pond. The purpose of this Agreement is to establish a new
population of Oregon chub as refugia for the natural population. Under
this Agreement, a minimum of 500 Oregon chub will be introduced from an
existing wild population by the Oregon Department of Fish and Wildlife.
The estimated carrying capacity of the Sprick's pond is approximately
1,000 individuals. The Oregon Department of Fish and Wildlife will
monitor the Oregon chub population and habitat conditions at least once
a year. Upon reaching this threshold, this population may be used as a
source for translocations by the Oregon Department of Fish and
Wildlife, but would not be lowered beyond 500 individuals at the time
of removal.
[[Page 50977]]
The Spricks will avoid conducting activities that could adversely
affect the Oregon chub's habitat within 100 feet of the pond's
perimeter during the 10-year term of the Agreement. The permit duration
is 30 years, which would allow up to an additional 20 years for the
terms of the Agreement to remain in effect before a return to baseline
conditions may occur.
Without the regulatory assurances provided through the Agreement
and permit, landowners may otherwise be unwilling or reluctant to
engage in activities that would place federally-listed species such as
the Oregon chub onto their properties. The proposed Agreement is
expected to provide a net conservation benefit to the Oregon chub by
creating a protected refugia, increasing the population, and
translocating individuals, beyond those needed to maintain the refugia
population, to other suitable locations.
The Oregon chub was listed as an endangered species by the Service
in 1993 (58 FR 53800). At the time of listing, their were only five
known populations and they were restricted to an 18.6 mile stretch of
the Middle Fork Willamette River drainage, representing approximately
two percent of the species' historic range. In 2006, there were 18
populations totaling 500 or more individuals. Oregon chub remain at
risk due to the loss of suitable habitat and the continued threats
posed by the proliferation of non-native fishes, water withdrawals,
accelerated sedimentation due to land management activities, and
potential chemical spills or careless pesticide applications. Their
status has improved in recent years, resulting primarily from
successful introductions and the discovery of previously undocumented
populations.
The Service has made a preliminary determination that the proposed
Agreement and permit application are eligible for a categorical
exclusion under the National Environmental Policy Act of 1969 (NEPA).
We explain the basis for this determination in an Environmental Action
Statement that is also available for public review (see ADDRESSES).
The Service will evaluate the permit application, associated
documents, and comments submitted thereon to determine whether the
permit application meets the requirements of section 10(a) of the Act
and NEPA regulations. All comments received, including names and
addresses, will become part of the administrative record and will be
available for review pursuant to section 10(c) of the Act. Individual
respondents may request that we withhold their home address from the
record, which we will honor to the extent allowable by law. If you wish
us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. Anonymous comments will
not be considered. All submissions from organizations or businesses,
and from individuals identifying themselves as representatives or
officials of organizations or businesses, are available for public
inspection in their entirety.
If we determine that all requirements are met, we will sign the
Agreement and issue an enhancement of survival permit under section
10(a)(1)(A) of the Act to Mr. and Mrs. Sprick for the take of Oregon
chub, incidental to otherwise lawful activities in accordance with the
terms of the Agreement. This notice is provided pursuant to section
10(c) of the Act and NEPA regulations (40 CFR 1506.6).
Dated: August 29, 2007.
Kemper M. McMaster,
State Supervisor, Fish and Wildlife Service, Oregon Fish and Wildlife
Office, Portland, Oregon.
[FR Doc. 07-4316 Filed 9-4-07; 8:45 am]
BILLING CODE 4310-55-P