Notices. Notice; request for comments

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BILLING CODE 7025-01-M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Information Collection Sent to the Office of Management and Budget

(OMB)for Approval; OMB Control Number 1018-0094; Federal Fish and Wildlife Permit Applications and Reports—Native Endangered and Threatened Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (Fish and Wildlife Service) have sent an Information Collection Request

(ICR)to OMB for review and approval. The ICR, which is summarized below, describes the nature of the collection and the estimated burden and cost. This ICR is scheduled to expire on September 30, 2007. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB. DATES: You must submit comments on or before October 29, 2007. ADDRESSES: Send your comments and suggestions on this ICR to the Desk Officer for the Department of the Interior at OMB-OIRA at

(202)395-6566

(fax)or OIRA_DOCKET@OMB.eop.gov (e-mail). Please provide a copy of your comments to Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail);

(703)358-2269 (fax); or hope_grey@fws.gov (e-mail). FOR FURTHER INFORMATION CONTACT: To request additional information about this IC, contact Hope Grey by mail, fax, or e-mail (see ADDRESSES) or by telephone at

(703)358-2482. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 1018-0094. *Title:* Federal Fish and Wildlife Permit Applications and Reports—Native Endangered and Threatened Species, 50 CFR 13 and 17. *Service Form Numbers:* 3-200-54, 3-200-55, and 3-200-56. *Type of Request:* Revision of currently approved collection. *Affected Public:* Individuals/households, businesses, State and local agencies, private organizations, and scientific and research institutions. *Respondent's Obligation:* Required to obtain or retain a benefit. *Frequency of Collection:* On occasion for application forms and notifications; annually for reports. *Estimated Annual Nonhour Burden:* $55,000 for fees associated with permit applications. Activity Number of annual respondents Number of annual responses Completion time per response Annual burden hours 3-200-54 - permit application 11 11 3 hours 33 3-200-54 - annual report 64 64 8 hours 512 3-200-54 - notification of incidental take 1 1 1 hour 1 3-200-54 - notification of change in landowner 1 1 1 hour 1 2-200-55 - permit application 579 579 4 hours 2,316 3-200-55 - annual report 1,034 1,034 8 hours 8,272 3-200-55 - notification of escape of living wildlife 1 1 1 hour 1 3-200-56 - permit application 60 60 3 hours 180 3-200-56 - annual report 748 748 10 hours 7,480 Totals 2,499 2,499 18,796 *Abstract:* Our Endangered Species Program uses information that we collect on permit applications to determine the eligibility of applicants for permits requested in accordance with the criteria in various Federal wildlife conservation laws, including:

(1)Endangered Species Act (16 U.S.C. 1531 et seq.).

(2)Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).

(3)Lacey Act (16 U.S.C. 3371 et seq.).

(4)Bald and Golden Eagle Protection Act (16 U.S.C. 668).

(5)Marine Mammal Protection Act (16 U.S.C. 1374). Service regulations implementing these statutes and treaties are in Chapter I, Subchapter B of Title 50 of the Code of Federal Regulations (CFR). These regulations stipulate general and specific requirements that when met allow us to issue permits to authorize activities that are otherwise prohibited. This IC includes the following permit application forms and the reporting requirements for each permit:

(1)FWS Form 3-200-54 - Enhancement of Survival Permits Associated with Safe Harbor Agreements and Candidate Conservation Agreements with Assurances.

(2)FWS Form 3-200-55 - Permits for Scientific Purposes, Enhancement of Propagation or Survival (i.e, Recovery) and Interstate Commerce.

(3)FWS Form 3-200-56 - Incidental Take Permits Associated with a Habitat Conservation Plan.. *Comments:* On March 16, 2007, we published in the **Federal Register** (72 FR 12629) a notice of our intent to request that OMB approve this ICR. In that notice, we solicited comments for 60 days, ending on May 15, 2007. We received one comment. The comment did not address issues surrounding the proposed collection of information or the cost and hour burden estimates. The commenter objected to hunting permits, which are not part of this information collection. We have not made any changes to this collection as a result of this comment. We again invite comments concerning this information collection on:

(1)whether or not the collection of information is necessary, including whether or not the information will have practical utility;

(2)the accuracy of our estimate of the burden for this collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(OMB)for Approval; OMB Control Number 1018-0092; Federal Fish and Wildlife Permit Applications and Reports—Law Enforcement AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We (Fish and Wildlife Service) have sent an Information Collection Request

(202)395-6566

(703)358-2482. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 1018-0092. *Title:* Federal Fish and Wildlife Permit Applications and Reports—Law Enforcement, 50 CFR 13 and 14. *Service Form Number(s):* 3-200-2 and 3-200-3. *Type of Request:* Revision of currently approved collection. *Affected Public:* Individuals, businesses, and scientific institutions. *Respondent's Obligation:* Required to obtain or retain a benefit. *Frequency of Collection:* On occasion for applications; annually for reports. *Estimated Annual Nonhour Burden:* $1,567,300 for fees associated with permit applications. Activity Number of annual respondents Number of annual responses Completion time per response Annual burden hours 3-200-2 - application 1,173 1,173 1 hour 1,173 3-200-2 recordkeeping 1,173* 1,173* .25 hour 293 3-200-2 report 5 5 1 hour 5 3-200-3 - application 14,500 14,500 1 hour 14,500 3-200-3 recordkeeping 14,500* 14,500* .25 hour 3,625 Totals 15,678 15,678 19,596 **Not included in total because the respondents for the recordkeeping requirement are the same as those for the application.* *Abstract:* The Endangered Species Act

(ESA)(16 U.S.C. 1531 et seq.) makes it unlawful to import or export fish, wildlife, or plants without obtaining prior permission as deemed necessary for enforcing the ESA or upholding the Convention on International Trade in Endangered Species (CITES) (see 16 U.S.C. 1538(e)). This information collection includes the following permit/license application forms:

(1)FWS Form 3-200-2 (Designated Port Exception Permit). Under 50 CFR 14.11, it is unlawful to import or export wildlife or wildlife products at ports other than those designated in 50 CFR 14.12 unless you qualify for an exception. These exceptions allow qualified individuals, businesses, or scientific organizations to import or export wildlife or wildlife products at a nondesignated port:

(a)When the wildlife or wildlife products will be used as scientific specimens.

(b)To minimize deterioration or loss.

(c)To relieve economic hardship. To request an import or export of wildlife or wildlife products at nondesignated ports, applicants must complete FWS Form 3-200-2. Designated port exception permits are valid for 2 years. Once a designated port exception permit is issued, we may require the permittee to file a report on activities conducted under authority of the permit.

(2)FWS Form 3-200-3 (Import/Export License). It is unlawful to import or export wildlife or wildlife products for commercial purposes without first obtaining an import/export license (50 CFR 14.91). Applicants must complete FWS Form 3-200-3 to request this license. We use the information that we collect on the application as an enforcement tool and management aid to:

(a)monitor the international wildlife market and

(b)detect trends and changes in the commercial trade of wildlife and wildlife products. Import/export licenses are valid for 1 year. We require import/export licensees to maintain records that accurately describe each importation or exportation of wildlife or wildlife products made under the license, and any additional sale or transfer of the wildlife or wildlife products. In addition, licensees must make these records and the corresponding inventory of wildlife or wildlife products available for our inspection at reasonable times, subject to applicable limitations of law. We believe the burden associated with these recordkeeping requirements is minimal because the records already exist. Importers and exporters must complete FWS Form 3-177 (Declaration for Importation or Exportation of Fish or Wildlife) for all imports or exports of wildlife or wildlife products. This form provides an accurate description of the imports and exports. OMB has approved the information collection for FWS Form 3-177 and assigned OMB Control Number 1018-0012, which expires January 31, 2010. Normal business practices should produce records (e.g., invoices or bills of sale) needed to document additional sales or transfers of the wildlife or wildlife products. *Comments:* On April 23, 2007, we published in the Federal Register (72 FR 20131) a notice of our intent to request that OMB approve this ICR. In that notice, we solicited comments for 60 days, ending on June 22, 2007. We received one comment. The comment did not address issues surrounding the proposed collection of information or the cost and hour burden estimates. We have not made any changes to this collection as a result of the comment. We again invite comments concerning this information collection on:

(1)whether or not the collection of information is necessary, including whether or not the information will have practical utility;

(2)the accuracy of our estimate of the burden for this collection of information;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on respondents. Comments that you submit in response to this notice are a matter of public record. 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 OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done. Dated: August 22, 2007 Hope Grey, Information Collection Clearance Officer, Fish and Wildlife Service. FR Doc. E7-19144 Filed 9-26-07; 8:45 pm Billing Code 4310-55-S DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Togiak National Wildlife Refuge, Dillingham, AK AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of availability of the Draft Revised Comprehensive Conservation Plan, Draft Revised Public Use Management Plan, and Environmental Assessment for Togiak National Wildlife Refuge; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service, we) announce that the Draft Revised Comprehensive Conservation Plan

(CCP)and Environmental Assessment

(EA)and Draft Revised Public Use Management Plan

(PUMP)and EA for Togiak National Wildlife Refuge is available for public comment. This Draft CCP/PUMP/EA describes how the Service intends to manage the Togiak Refuge for the next 15 years. DATES: We must receive written comments on the draft CCP/PUMP/EA by January 18, 2008. ADDRESSES: To provide written comments or to request a paper copy or a compact disk of the Draft CCP/PUMP/EA, contact Maggi Arend, Planning Team Leader, Division of Comprehensive Planning and Policy, MS 231, 1011 East Tudor Road, Anchorage, AK 99503-6199, phone 907-786-3393, fax 907-786-3965 or electronically at *fw7_togiak_planning@fws.gov* . You may also view or download the plan at: *http://alaska.fws.gov/nwr/planning/togpol.htm.* Copies of the Draft plan may be viewed at the Togiak Refuge Office in Dillingham, Alaska; local area libraries, and the U.S. Fish and Wildlife Service Regional Office in Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Maggi Arend at the above address or phone number. SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 410hh *et seq.* , 43 U.S.C. 1602 *et seq.* ) requires development of a CCP for all national wildlife refuges in Alaska. The Draft CCP for Togiak Refuge was developed consistent with Section 304(g) of ANILCA and the Refuge Administration Act as amended by the Refuge Improvement Act (16 U.S.C. 668dd *et seq.* ). The purpose of developing CCPs 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, wildlife, and habitat management and conservation; legal mandates; and Service policies. Plans define long-term goals and objectives toward which refuge management activities are directed and identify which uses may be compatible with the purposes of the refuge. They identify wildlife-dependent recreation opportunities available to the public, including hunting, fishing, wildlife observation and photography, and environmental education and interpretation. Comprehensive conservation plans are updated in accordance with planning direction in Section 304(g) of ANILCA and with NEPA (42 U.S.C. 4321 *et seq.* ). Togiak Refuge was established as Cape Newenham National Wildlife Refuge in 1969 to protect and preserve the outstanding wildlife values, including bird colonies and important habitat for other terrestrial and marine wildlife. The refuge was expanded to 4,156,522 acres and established as Togiak National Wildlife Refuge in 1980 by ANILCA. The Togiak Refuge CCP was approved in 1987. The PUMP was approved in 1991 and incorporated the State of Alaska Special Land Use Designation for the management of State lands within the boundary of the refuge and including the lower Goodnews River drainage. The current document includes revisions of each of these three plans. The core planning team, which developed the range of alternatives for the CCP/PUMP, included representatives of the State of Alaska and five recognized Native Alaskan tribes from the vicinity of the refuge. Comprehensive Plan This Draft CCP describes and evaluates two alternatives for managing Togiak Refuge for the next 15 years. *Alternative 1:* This alternative encompasses policy development, changes, and clarifications made in the years since the implementation of the original Comprehensive Plan in 1987. It also includes a refuge vision statement, goals, objectives, and certain strategies which will guide refuge management into the future. Restrictions on helicopter use for recreational purposes would be maintained. *Alternative 2 (Current Management):* Under this alternative, the Refuge would continue to implement current management as outlined in the 1987 Comprehensive Plan. The Refuge would continue to be managed much as it is today, but without goals and objectives. Public Use Plan The Draft Public Use Management Plan describes and evaluates five alternatives for managing public use on Togiak Refuge. These alternatives address four issues: public use at Cape Peirce Wildlife Viewing Area; unguided recreational opportunites in the Kanektok and Goodnews river watersheds; human waste management; and commercial sport fishing guide opportunities. *Alternative A:* This alternative would carry forward existing management into the future. At Cape Peirce, management would emphasize wildlife viewing that complements the research and study of fish, wildlife, plants, and their habitats and would continue current limits on visitors to the area. There would be no limits on unguided recreational users on the Kanektok and Goodnews rivers and no additional management of human waste disposal. Commercial sport fishing guide opportunities would remain at current levels. *Alternative B:* This alternative makes limited adjustments to current management. At Cape Peirce, management would remain the same except that 50% of permits would be allocated to the general public. Unguided use of the Kanektok River watershed would be limited to the same levels currently allowed for guided use. On the Goodnews River, unguided use would be limited to the current level of use. Commercial sport fishing guide opportunities would be expanded on the middle fork of the Goodnews River. *Alternative C (the preferred alternative):* Under this alternative, adjustments would be made to management in each of the issue areas. At Cape Peirce, management would facilitate wildlife viewing that complements the protection and preservation of the area's natural and cultural resource values and opportunities for visitation would be doubled. The allocation of permits would be the same as Alternative B, but at low use levels the refuge manager may waive the requirement for permits. Minimal facilities could be constructed for public health and safety. Limits on the unguided recreational use of the Kanektok and Goodnews rivers would be established for the peak use periods only. The refuge would work with partners to facilitate the voluntary use of approved disposal sites for human waste. Guided motorized access to the North Fork Goodnews River would be limited from current maximum allowable levels but would be above current use levels. *Alternative D:* This alternative would provide additional opportunities for commercially guided recreation throughout the refuge. At Cape Peirce, opportunities for visiting the area would be doubled from current levels and would be commercially guided. Unguided recreation on the Kanektok and Goodnews rivers would remain unrestricted. Additional commercial sport fishing guide opportunities would be provided on the Goodnews, Togiak, Osviak, and Matogak rivers. *Alternative E:* This alternative would reduce the level of use on the Kanektok and Goodnews rivers and implement a human waste pack out program on the Kanektok River. It would also provide additional opportunities for public use at Cape Peirce. Commercial sport fishing guide opportunities would be continued at current levels. Public Availability of Comments Before including your name, 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. Dated: September 21, 2007. Thomas O. Melius, Regional Director, U.S. Fish & Wildlife Service, Anchorage, Alaska. [FR Doc. E7-19086 Filed 9-26-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Virgin River Habitat Conservation and Recovery Program, Clark County, NV AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare an environmental impact statement

(EIS)and notice of public meetings. SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the Fish and Wildlife Service (Service), advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement

(EIS)regarding the proposed Virgin River Habitat Conservation and Recovery Program (VRHCRP) and issuance of an incidental take permit (Permit) for endangered and threatened species in accordance with section 10(a) of the Endangered Species Act of 1973, as amended (Act). The intent of the VRHCRP is to provide a recovery strategy for five species in the Lower Virgin River Basin. The VRHRCP would be used as a tool when conducting future section 7 consultations, implementing recovery actions and preparing habitat conservation plans for new and existing development. We provide this notice to:

(1)Describe the proposed action and possible alternatives;

(2)advise other Federal and State agencies, affected tribes, and the public of our intent to prepare an EIS;

(3)announce the initiation of a 30-day public scoping period; and

(4)obtain suggestions and information on the scope of issues to be included in the EIS. DATES: Written comments from all interested parties must be received on or before October 29, 2007. Public meetings will be held on October 16 and 17, 2007 from 4 to 6 p.m. ADDRESSES: The public meetings will be held at the following locations: October 16, 2007 from 4 to 6 p.m. at the Federal Interagency Building, 4701 North Torrey Pines Dr., Las Vegas, NV 89130; and October 17, 2007 from 4 to 6 p.m. at Mesquite City Hall, 10 East Mesquite Blvd., Mesquite, NV 89027. Information, written comments, or questions related to the preparation of the EIS and NEPA process should be sent to Robert D. Williams, Field Supervisor, Nevada Fish and Wildlife Office, Fish and Wildlife Service, 4701 North Torrey Pines Dr., Las Vegas, NV 89130; or fax

(702)515-5231. FOR FURTHER INFORMATION CONTACT: Amy LaVoie, Nevada Fish and Wildlife Office, Fish and Wildlife Service, 4701 North Torrey Pines Dr., Las Vegas, Nevada 89130, or at

(702)515-5230. SUPPLEMENTARY INFORMATION: Reasonable Accommodation Persons needing reasonable accommodations in order to attend and participate in the public meeting should contact Amy LaVoie (See ADDRESSES ) at

(702)515-5230 as soon as possible. In order to allow sufficient time to process requests, please call no later than one week before the public meeting. Information regarding this proposed action is available in other formats upon request. Background The Service together with the Bureau of Land Management, City of Mesquite, Clark County, National Park Service, Nevada Department of Wildlife, Southern Nevada Water Authority, and Virgin Valley Water District propose to develop the VRHCRP. The intent of the VRHCRP is to provide a recovery strategy for five species in the Lower Virgin River Basin: Virgin River chub ( *Gila seminuda* ), woundfin ( *Plagopterus argentissimus* ), southwestern willow flycatcher ( *Empidonax traillii extimus* ), Yuma clapper rail ( *Rallus longirostris yumanensis* ), and yellow-billed cuckoo ( *Coccyzus americanus* ). Species may be added or deleted during the course of the development of the VRHCRP based on further analysis, new information, agency consultation, and public comment. The VRHRCP would be used by the participating agencies as a tool when conducting future section 7 consultations, implementing recovery actions and preparing habitat conservation plans. The area to be addressed within the proposed VRHCRP would be all lands within the the 100-year floodplain of the Virgin River and its tributaries (including ephemeral washes) from the Mesquite Diversion (located approximately 2 miles upstream of the Nevada/Arizona border) to the confluence of Lake Mead, as defined by a line from the southern end of Lower Mormon Mesa, through Fish Island, to Little Bitter Wash. In addition, some recovery actions may be expanded to include all land within the 100-year floodplain of the Virgin River and its tributaries from the Mesquite Diversion upstream to the base of the Virgin River Gorge in Arizona or to the location of the future non-native fish barrier to be established by the Virgin River Resource Management and Recovery Program (Utah program). The VRHCRP would contain a habitat conservation plan

(HCP)for the City of Mesquite and Clark County (Permit Applicants). The HCP would result in take authorization for otherwise lawful actions, such as municipal and private development that may incidentally take or harm animal species or their habitats within the HCP area. Conservation measures to offset the effects on the covered species from proposed development activities would be developed and implemented. The applicants propose to expand the city limits of Mesquite and unincorporated Clark County in and near the township or area of Bunkerville and Riverside, and implement conservation measures for the resulting development activities, along with existing activities currently undertaken by the Permit Applicants with the potential to affect federally listed species. These activities may include new and existing development activities in upland and riparian areas; ongoing water supply and flood control activities; ongoing agricultural and livestock practices; and the ongoing management of trails, parks, and open spaces. The Permit Applicants intend to request a Permit for incidental take of federally listed threatened or endangered species, as well as other species identified in the VRHCRP. Section 9 of the Act and Federal regulations prohibit the “take” of wildlife species listed as endangered or threatened (16 U.S.C. 1538). The Act defines the term “take” as: To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed species, or to attempt to engage in such conduct (16 U.S.C. 1532). Harm includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding feeding, and sheltering [50 CFR 17.3(c)]. Pursuant to section 10(a)(1)(B) of the Act, we may issue permits to authorize “incidental take” of listed species. “Incidental take” is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing permits for threatened species and endangered species, respectively, are at 50 CFR 17.32 and 50 CFR 17.22. Environmental Impact Statement The EIS will consider the proposed action, no action, and a reasonable range of alternatives. A detailed description of the proposed action and alternatives will be included in the EIS. Alternatives considered for analysis in an EIS may include variations in the scope of proposed activities; variations in the location, amount, and types of conservation measures and/or recovery actions; variations in activity duration; or a combination of these elements. In addition, the EIS will identify potentially significant direct, indirect, and cumulative impacts on biological resources, land use, air quality, water quality, water resources, socioeconomic conditions, and other environmental issues that could occur with implementation of the proposed action or other alternatives. For all potentially significant impacts, the EIS identifies avoidance, minimization, and mitigation measures to reduce these impacts, where feasible, to a level below significance. Environmental review of the EIS will be conducted in accordance with the requirements of NEPA (42 U.S.C. 4321 *et seq* .), its implementing regulations (40 CFR parts 1500-1508), other applicable regulations, and Service procedures for compliance with those regulations. This notice is being furnished in accordance with 40 CFR Section 1501.7 and 1508.22 to obtain suggestions and information from other agencies and the public on the scope of issues and alternatives to be addressed in the EIS. The primary purpose of the scoping process is to identify important issues raised by the public related to the proposed action. Written comments from interested parties are invited to ensure that the full range of issues related to the permit application is identified. Comments will only be accepted in written form. You may submit written comments by mail, facsimile transmission, or in person (see ADDRESSES ). All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. Our practice is to make comments, including names, home addresses, home phone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or homes addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organization or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Dated: September 21, 2007. Ken McDermond, Deputy Manager, California/Nevada Operations Office, Sacramento, California. [FR Doc. 07-4781 Filed 9-26-07; 8:45 am]

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