[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Page 10608-10609]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service


Environmental Restoration Project; Phoenix Reach of the Rio 

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

ACTION: Notice of availability of draft safe harbor agreement; receipt 
of application for and enhancement of survival permit.


SUMMARY: The City of Phoenix (Applicant) has 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 (Act), as 
amended. 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), bald eagle (Haliaeetus Leucocephalus), and brown pelican 
(Pelecanus occidentalis) as a result of operation and maintenance 
activities associated with the Rio Salado Project. We invite the public 
to review and comment on the permit application and the associated 
draft Safe Harbor Agreement (SHA).

DATES: To ensure consideration, we must receive any written comments on 
or before April 10, 2009.

ADDRESSES: Field Supervisor, Arizona Ecological Services Field Office, 
2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951; 
telephone: 602-242-0210; fax: 602-242-2513; Web site: http://

FOR FURTHER INFORMATION CONTACT: Mike Martinez at the Arizona 
Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103, 
Phoenix, AZ 85021-4951, 602/242-0210 x224, or by e-mail at Mike_

SUPPLEMENTARY INFORMATION: The Applicant plans to conduct operation and 
maintenance activities associated with the Rio Salado Project including 
maintenance of vegetation, roads, trails, water delivery system, flood 
control capacity, and storm water facilities. The Rio Salado Project, 
Phoenix Reach, is a cooperative project between the Applicant and the 
U.S. Army Corps of Engineers to restore, enhance, and maintain 595 
acres of native riparian and wetland vegetation along the Salt River 
from 24th Street to 19th Avenue.

Request for Public Information

    Persons wishing to review the application, draft SHA, or other 
related documents may obtain a copy by written or telephone request to 
the Field Supervisor at our Phoenix office, or by downloading it from 
our Web site (see ADDRESSES). Submit all comments to the Field 
Supervisor at the same address. Please refer to permit number TE-
205294-0 when submitting comments. 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 Phoenix 

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

National Environmental Policy Act Determination

    The draft SHA and permit application may be eligible for 
categorical exclusion

[[Page 10609]]

under the National Environmental Policy Act (NEPA) of 1969, based upon 
completion of a preliminary NEPA screening form. Section 9 of the Act 
prohibits the ``taking'' of threatened or endangered species. However, 
the Service, under limited circumstances, may issue permits to take 
threatened and endangered wildlife species when such taking is 
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 NEPA (42 
U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6).

Thomas C. Bauer,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
 [FR Doc. E9-5163 Filed 3-10-09; 8:45 am]