Notices. Notice of availability and receipt of application

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BILLING CODE 4210-67-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered Species Recovery Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. SUMMARY: We announce the receipt of an application to conduct certain activities pertaining to enhancement of survival of endangered species. DATES: Written comments on this permit application must be received by December 11, 2006. ADDRESSES: Written data or comments should be submitted to the Assistant Regional Director, Fisheries-Ecological Services, U.S.

Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486; facsimile 303-236-0027. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act [5 U.S.C. 552A] and Freedom of Information Act [5 U.S.C. 552], by any party who submits a request for a copy of such documents within 20 days of the date of publication of this notice to Kris Olsen, by mail or by telephone at 303-236-4256.

All comments received from individuals become part of the official public record. SUPPLEMENTARY INFORMATION: The following applicant has requested an issuance of enhancement of survival permit to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). *Applicant:* Craig Paukert, Kansas State University, Manhattan, Kansas, TE-136943. The applicant requests a permit to take Topeka shiner ( *Notropis topeka* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing their survival and recovery.

Dated: October 6, 2006. James J. Slack, Deputy Regional Director, Denver, Colorado. [FR Doc. E6-18967 Filed 11-8-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Programmatic Safe Harbor Agreement for the Oregon Silverspot Butterfly Along the Central Coast, Lane County, OR AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. SUMMARY: The Nature Conservancy

(TNC)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 of 1973, as amended (Act). The permit application includes a proposed Safe Harbor Agreement (Agreement) between TNC and the Service. The proposed term of the permit and Agreement is 35 years. The requested permit would authorize TNC and private landowners to carry out habitat management measures that would benefit the federally-listed as threatened Oregon silverspot butterfly ( *Speyeria zerene hippolyta* ). The covered area or geographic scope of this Agreement includes all non-Federal properties on the central coast of Oregon located in whole or in part within the approximately 7-mile corridor along the central coast between Bray Point and Big Creek in Lane County, Oregon. We request comments from the public on the permit application, proposed Agreement, and related documents, all of which are available for review. DATES: Comments must be received from interested parties on or before December 11, 2006. The final permit decision will be made no sooner than December 11, 2006. 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/* . You may submit comments by postal mail/commercial delivery or by e-mail. If you use postal mail/commercial delivery, please address 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. If you wish to use e-mail, address your comments to *centralcoast_sha@fws.gov* . Include your name and address in your comments and please refer to the TNC Central Coast 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 TNC to develop the proposed Agreement for the conservation of the Oregon silverspot butterfly within the central coast region of Oregon, roughly between Bray Point and Big Creek. The area covered by this Agreement is about 7 miles long and within 1 mile of the coastal waters of the Pacific Ocean. Under this programmatic Agreement, individual Cooperative Agreements

(CAs)between the Service, TNC, and landowner/cooperators would be developed for individuals who volunteer to engage in activities, such as habitat restoration, that are likely to benefit the Oregon silverspot butterfly and wish to become a party to the Agreement. Environmental baseline conditions would be established and would primarily be based on the presence or absence of the Oregon silverspot butterfly's larval host plant, the early blue violet ( *Viola adunca* ), prior to restoration efforts. We anticipate that the baseline conditions will in most cases be determined to be at or near zero. The landowners would then be issued a Certificate of Inclusion (CI), which would allow activities on the enrolled property that might involve incidental take of Oregon silverspot butterflies above the baseline conditions to be covered under TNC's section 10(a)(1)(A) permit. TNC and/or the landowners would implement restoration and management actions to restore and enhance coastal meadow habitat for the Oregon silverspot butterfly. TNC has agreed to work with landowners to improve Oregon silverspot butterfly habitat by suppressing or removing invasive vegetation, planting native coastal meadow vegetation, and/or specifically enhancing early blue violet plant populations. Without the regulatory assurances provided through the Agreement, CI, and permit, landowners may otherwise be unwilling or reluctant to engage in activities that would attract federally-listed species such as the Oregon silverspot butterfly onto their properties. Additionally, the requested permit coverage would allow management activities to proceed that might result in some limited amount of take incidental to those activities that are intended to benefit the species over the term of the permit. TNC would carry out the management activities itself on private lands or work in conjunction with landowners to carry out management activities. TNC has already begun working with landowners in the area and has the expertise to carry out these types of restoration activities and advise landowners of management options to provide the desired future conditions that would benefit the Oregon silverspot butterfly. The proposed management activities are expected to provide a net conservation benefit to the Oregon silverspot butterfly within the covered area along Oregon's central coast by restoring and improving habitat conditions, potentially increasing the local butterfly population, and providing habitat patches linking butterfly populations on the south and north ends of the project area. The Oregon silverspot butterfly was listed as a threatened species by the Service in 1980 (45 FR 44935). At the time of listing, the only known population was within an area along the Oregon coast in the vicinity of Rock Creek and Big Creek in Lane County. Additional populations were subsequently discovered at Bray Point, Cascade Head, and the Clatsop Plains in Oregon; Long Beach Peninsula in Washington; and northwestern Del Norte County, California. Succession, due to lack of disturbance from fire and grazing and the spread of non-native plants, has affected the presence and abundance of early blue violets through crowding and shading. Succession has resulted in trees, shrubs, and ferns developing within coastal grassland communities that were previously maintained by disturbances such as fire and grazing. Non-native pasture grasses that have spread and become well-established along the coast crowd out other native plants and create dense layers of vegetation that inhibit the growth of native species, including early blue violets and native nectar sources used by adult butterflies. 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 TNC for the take of Oregon silverspot butterflies, 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: November 3, 2006. Miel Corbett, Acting State Supervisor, Fish and Wildlife Service, Oregon Fish and Wildlife Office, Portland, Oregon. [FR Doc. E6-18970 Filed 11-8-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Lacassine National Wildlife Refuge in Cameron and Evangeline Parishes, LA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability SUMMARY: The Fish and Wildlife Service announces that a Draft Comprehensive Conservation Plan and Environmental Assessment for Lacassine National Wildlife Refuge is available for distribution. This document was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended, and the National Environmental Policy Act of 1969. The draft plan and environmental assessment describes the Service's proposal for management of the refuge for 15 years. DATES: Written comments must be received at the postal or electronic address listed below no later than December 11, 2006. ADDRESSES: To provide written comments or to obtain a copy of the draft plan and environmental assessment, please contact the Project Leader, Southwest Louisiana National Wildlife Refuge Complex, 1428 Highway 27, Bell City, Louisiana 70630; Telephone: 337-598-2216. Comments may also be submitted via electronic mail to *judy_mcclendon@fws.gov* . The draft plan and environmental assessment may be accessed and downloaded from the Service's Internet site *http://southeast.fws.gov/planning/* . SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-66ee), requires the Service to develop a comprehensive conservation plan for each refuge. The purpose in developing a plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. *Background:* Lacassine National Wildlife Refuge is one of four refuges that makes up the Southwest Louisiana National Wildlife Refuge Complex. It is located at the edge of Grand Lake and 15 miles from the Gulf of Mexico in Cameron and Evangeline Parishes in Louisiana. The 34,724-acre refuge is strategically located on the boundary of coastal marsh and agricultural habitats; as well as at the southern terminus of the Mississippi and Central Flyways, making the refuge critically important to migratory birds, especially wintering waterfowl. Habitat types and approximate acreage on the refuge include: 14,700 acres of fresh marsh; 16,000 acres of impounded fresh marsh; 1,048 acres of open water, 352 acres of forested wetlands, 348 acres of shrub wetlands; 1,109 acres of croplands (e.g., rice and fallow); 307 acres of early successional wetlands; and 334 acres of coastal prairie, plus roads, levees, etc. About 3,300 acres are set aside with wilderness designation. Lacassine National Wildlife Refuge was established on December 30, 1937, as Lacassine Migratory Waterfowl Refuge by the following:

(1)Executive Order 7780 “as a Refuge and breeding ground for migratory birds and other wildlife,” and

(2)the Migratory Bird Conservation Act “for use as an inviolate sanctuary, or any other management purpose, for migratory birds” (16 U.S.C. 715d). Additional lands were added to the refuge under the Fish and Wildlife Act of 1956 “for the development, advancement, management, conservation, and protection of fish and wildlife resources” [16 U.S.C. 742f(a)(4)] and “for the benefit of the United States Fish and Wildlife Service in performing its activities and services” [16 U.S.C. 742f(b)(1)]. Significant issues addressed in the draft plan and environmental assessment include: Migratory bird management; management for special habitats, such as the wilderness area, Lacassine Pool (i.e., freshwater impoundment), and prairie habitat; water management; management of oil and gas activities; access management for public use activities, including recreational freshwater sportfishing, fishing tournaments, and hunting; and protection of cultural resources. Also included in the draft plan and environmental assessment are compatibility determinations for the following: Berry picking (collecting berries, fruits, and nuts); environmental education and interpretation; recreational freshwater sportfishing; recreational freshwater sportfishing tournaments; recreational hunting; research and monitoring; wildlife observation and photography; commercial alligator harvests; commercial video and photography; commercially guided wildlife viewing, photography, environmental education, and interpretation; and cooperative farming. The Service developed three alternatives for management of the refuge and chose Alternative B as the proposed alternative. Alternative A represents no change from current management of the refuge. Under the “No Action” Alternative the refuge will remain at 34,724 acres in fee title, including Farm Service Agency transfer lands and the lease of the 652-acre Cameron Parish school section. With no action, marsh loss rates of at least 0.23 percent per year are anticipated (low to moderate loss) in the Mermentau River Basin; similar rates are expected in other areas of the refuge. The refuge will continue to manage impounded freshwater marsh (16,000 acres), state-jurisdictional waterways (Lacassine Bayou and Mermentau River), ephemeral freshwater marsh (Streeter Canal and Duck Pond), and manage upland vegetation to benefit native plants. Acreages of different habitats will remain as they are now. About 3,300 acres south of the Gulf Intracoastal Waterway will continue to be formally designated as wilderness. Management at Lacassine Refuge will focus on biological monitoring, wildlife management, invasive plant management, moist-soil management, cooperative farming program management, and priority public use management, including hunting, fishing and environmental education. Alternative B is the Service's proposed action to maximize refuge management capabilities in all programs. Under the proposed alternative, the refuge would pursue acquiring, from willing sellers, lands within its approved acquisition boundary. The 3,300-acre Wilderness Area would remain the same size. Gross habitat acreages (until approved acquisition boundary expansion occurs) would not change appreciably from those under Alternative A, but habitats in general would be managed more intensively. The refuge would also expand existing wildlife management programs including: Focus refuge management on improving and extending the value of Lacassine Pool as a waterfowl sanctuary through adaptive management and increased emphasis on research; provide additional waterfowl food by increasing early successional wetland acreage from 300 to 500 acres and expanding the farming program; pursue opportunities to reduce erosion to refuge marshes caused by commercial navigation, wind/wave action, other natural forces, and oil and gas industry traffic/activities. The refuge would evaluate the seasonality and habitat conditions for prescribed fire in Lacassine Pool and other refuge marshes to enhance habitat for migratory birds, fish, and other wildlife; seek support to control invasive plants in the Wilderness Area and refuge-wide using approved minimum tools; continue partnerships to manage and protect the 334-acre coastal prairie on the Duralde Unit; improve quality hunting/fishing experiences; and manage oil and gas activities in accordance with Service policy. Under this alternative, levees would be constructed within Lacassine Pool, subdividing it into four units (Unit D, plus three additional units). This action would facilitate the management of the pool and lengthen its longevity by increasing the ability of refuge staff to dewater it, drawing it down to facilitate oxidation of accumulating organic sediments and more frequent use of prescribed fire. Thus, management could proceed unit-by-unit on a regular basis without having to impact the value of the entire pool to migratory birds and fisheries all at once. The six priority wildlife-dependent public uses would continue to be supported and in some cases would be expanded. This alternative would also strengthen the close working relationship in existence between the Service, the local community, conservation organizations, and the Louisiana Department of Wildlife and Fisheries. Under Alternative C, the refuge would remain at 34,724 acres but would refocus management priority to actively investigating and extending the life/value of Lacassine Pool as a migratory waterfowl sanctuary. Due to sedimentation rates and constraints on water level management capabilities, the pool's lifespan is limited and, if nothing is done, it would gradually lose its value to both migratory waterfowl and fish populations, eventually becoming a wet meadow rather than a marshy wetland characterized by a mix of open water and emergent vegetation. Other programs dealing either with non-pool areas of the refuge or non-habitat aspects of refuge management (i.e., cooperative farming, moist-soil management, upland vegetation management, visitor services and priority public uses) would be managed at a reduced level since refuge resources would be directed to the pool. Under this alternative, levees would be constructed within the pool, subdividing it into six units over the next 10-15 years. This action would facilitate the management of the pool and lengthen its longevity by increasing the ability of refuge staff to dewater it, drawing it down to facilitate oxidation of accumulating sediments and more beneficial use of prescribed fire. Thus, management could proceed unit-by-unit on a regular basis without having to impact the value of the entire pool to fisheries and migratory birds all at once. The Service believes that Alternative B will be the most effective one to contribute to the purpose for which the refuge was established and to the mission of the National Wildlife Refuge System. Implementation of the goals, objectives, and strategies of Alternative B will allow the refuge to maintain freshwater marsh and upland prairie habitat; serve as a critical resting area for waterfowl in a heavily hunted area; conserve, restore, and enhance diverse habitats for migratory and native wildlife species; maintain healthy and viable native fish and wildlife populations; provide opportunities for safe, quality, compatible, wildlife-dependent public use and recreation; and protect cultural resources. After the review and comment period for the draft plan and environmental assessment, all comments will be analyzed and considered by the Service. All comments received from individuals on the draft plan and environmental assessment become part of the official public record. Requests for such comments will be handled in accordance with the Freedom of Information Act and other Service and Departmental policies and procedures. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Pub. L. 105-57. Dated: October 6, 2006. Cynthia K. Dohner, Acting Regional Director [FR Doc. 06-9135 Filed 11-8-06; 8:45 am]

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