[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Page 55007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Draft Safe Harbor Agreement and Application for an Enhancement of 
Survival Permit for the Tempe Reach of the Rio Salado Environmental 
Restoration Project

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application; request for 


SUMMARY: The City of Tempe (Applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an enhancement of survival permit. The 
requested permit, which is for a period of 50 years, would authorize 
incidental take of Yuma clapper rail (Rallus longirostris yumanensis), 
southwestern willow flycatcher (Empidonax traillii extimus), and bald 
eagle (Haliaeetus leucocephalus) as a result of operation and 
maintenance activities associated with the Rio Salado Project. We 
invite public comment.

DATES: To ensure consideration, written comments must be received on or 
before October 20, 2006.

ADDRESSES: Persons wishing to review the application, draft Safe Harbor 
Agreement (SHA), or other related documents may obtain a copy by 
written or telephone request to the Field Supervisor, U.S. Fish and 
Wildlife Service, Arizona Ecological Services Office, 2321 West Royal 
Palm Road, Suite 103, Phoenix, Arizona 85021-4951 (602/242-0210). 
Electronic copies of these documents will also be available for review 
on the Arizona Ecological Services Office Web site, http://www.fws.gov/arizonaes/.
 The application and related documents will be available for 

public inspection, by appointment only, during normal business hours (8 
a.m. to 4:30 p.m.) at the Service's Phoenix office. Comments concerning 
the application, draft SHA, or other related documents should be 
submitted in writing to the Field Supervisor (address above) or by fax 
to (602) 242-2513. Please refer to permit number TE-133286-0 when 
submitting comments. All comments received, including names and 
addresses, will become a part of the official administrative record and 
may be made available to the public.

FOR FURTHER INFORMATION CONTACT: Mike Martinez at the U.S. Fish and 
Wildlife Service, 2321 West Royal Palm Road, Suite 103, Phoenix, 
Arizona 85021-4951, 602/242-0210 x224, or by email at 

SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for 
an enhancement of survival permit pursuant to Section 10(a)(1)(A) of 
the Endangered Species Act (Act), as amended.
    The Applicant plans to conduct operation and maintenance activities 
associated with the Rio Salado Project, including maintenance of 
habitat vegetation; reintroduction of non-listed species into created 
habitat; maintenance and operation of urban park and landscaping; 
maintenance of trails, paths, and service roads; maintenance of water 
quality and flood control capability within the Salt River, Indian Bend 
Wash, and Tempe Town Lake; the planning, development, and operation of 
urban (public and private) development adjacent to the Tempe Town Lake; 
and operation of events on Tempe Town Lake and within the linear park 
adjacent to Tempe Town Lake. The Rio Salado Project is a cooperative 
project between the Applicant and the U.S. Army Corps of Engineers to 
restore, enhance, and maintain 182 acres of native riparian and wetland 
vegetation along the Salt River from McClintock Drive to Priest Drive 
(excluding Tempe Town Lake) and Indian Bend Wash from McKellips Road to 
the confluence with the Salt River.
    A final rule to delist the cactus ferruginous pygmy-owl (Glaucidium 
brasilianum cactorum) was published in the Federal Register on April 
14, 2006 (71 FR 19452). As a non-listed species, the cactus ferruginous 
pygmy-owl cannot be a covered species in the SHA. However, the 
Applicant intended that the species be covered in the SHA and will 
continue to provide the same conservation measures originally described 
in the agreement.
    Section 9 of the Act prohibits take of threatened or endangered 
species. However, the Service, under limited circumstances, may issue 
permits to take threatened and endangered wildlife species incidental 
to, and not the purpose of, otherwise lawful activities.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its 
implementing regulations (40 CFR 1506.6).

Christopher Todd Jones,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 06-8006 Filed 9-19-06; 8:45 am]