[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Pages 7260-7261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF09


Endangered and Threatened Species: Program Review for Section 7 
Counterpart Regulations National Fire Plan Activities

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

ACTION: Notice; availability of report.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
availability of a joint report on the Forest Service and Bureau of Land 
Management's use of the counterpart regulations for projects that 
support the National Fire Plan.

ADDRESSES: The report and related documents are available for review 
upon written request or on-line from the NMFS website: http://www.nmfs.noaa.gov/pr/. You may also send an e-mail request to 
[email protected], or a written request to: Endangered 
Species Division, Office of Protected Resources, NMFS, 1315 East-West 
Highway, Room 13660, Silver Spring, MD 20910; phone (301)713-1401; fax 
(301)427-2523. Specify whether you wish to receive a hard copy by U.S. 
mail or an electronic copy by e-mail.

FOR FURTHER INFORMATION CONTACT: Ann Garrett, Endangered Species 
Division at (301)713-1401.

SUPPLEMENTARY INFORMATION: In accordance with the Alternative 
Consultation Agreements NMFS and the Fish and Wildlife Service (FWS) 
have with the Bureau of Land Management (BLM) and the Forest Service 
(FS), conducted a review of the determinations that BLM and FS made 
under the joint counterpart regulations for Endangered Species Act 
(ESA) section 7 consultation. The counterpart regulations, codified in 
50 CFR part 402 subpart C, provide an optional alternative to the 
standard section 7 consultation process described in subparts A and B, 
and were developed specifically for agency projects that authorize, 
fund, or carry out actions that support the National Fire Plan. The 
National Fire Plan, part of the President's 2002 Healthy Forests 
Initiative, is an interagency strategy for reducing the risk of 
catastrophic wildland fires and resorting fire-adapted ecosystems. The 
intent of the counterpart regulations is to eliminate the need to 
conduct informal consultation and obtain written concurrence from the 
FWS and NMFS for those National Fire Plan actions that the FS or BLM 
determines are ``not likely to adversely affect (NLAA)'' any listed 
species or designated critical habitat.
    According to the counterpart regulations for National Fire Plan 
activities, the FS or BLM may make NLAA determinations for fire plan 
projects after entering into an Alternative Consultation Agreement with 
FWS and NMFS, and upon implementing the provisions of the ACA. Each ACA 
outlines the procedures and roles of the agencies and specific 
requirements for reporting, training and execution of self-
certification, and conducting periodic program monitoring of the use of 
the counterpart regulations. With the publication of this Notice of 
Availability, NMFS and FWS are announcing the completion of the first 
review of the FS's and BLM's use of the counterpart regulations and the 
availability of the report describing the results of the program review 
and recommendations for improving their decisions made pursuant to this 
authority. The results of the first review

[[Page 7261]]

are available on-line from the NMFS website: http://www.nmfs.noaa.gov/pr/.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: February 1, 2008.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E8-2278 Filed 2-6-08; 8:45 am]
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