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Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices
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, the Service may issue permits to
authorize ‘‘incidental take’’ of listed
animal 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. All species
included on an incidental take permit
would receive assurances under the
Service’s ‘‘No Surprises’’ regulation [50
CFR 17.22(b)(5) and 17.32(b)(5)].
Species proposed for coverage in the
HCP are species that are currently listed
as federally threatened or endangered or
have the potential to become listed
during the life of this MSHCP and have
some likelihood to occur within the
project area. Should any of the unlisted
covered wildlife species become listed
under the Act during the term of the
permit, take authorization for those
species would become effective upon
listing. Six plant species and 28 animal
species are known to occur within the
area and are proposed to be covered by
the MSHCP. Species may be added to or
deleted from the list of proposed
covered species during the course of the
development of the MSHCP based on
further analysis, new information,
agency consultation, and public
comment. Currently, the MSHCP would
include the following federally listed
animal species: California condor
(Gymnogyps californianus), least Bell’s
vireo (Vireo bellii pusillus),
southwestern willow flycatcher
(Empidonax traillii extimus), Valley
elderberry longhorn beetle (Democerus
californicus dimorphus), and Western
yellow-billed cuckoo (Coccyzus
americanus occidentalis). The MSHCP
would also include the following State
listed and unlisted species: Tehachapi
slender salamander (Batrachoseps
stebbinsi), bald eagle (Haliaeetus
leucocephalus), American peregrine
falcon (Falco peregrines anatum), little
willow flycatcher (Empidonax traillii
brewsteri), golden eagle (Aquila
chrysaetos), white-tailed kite (Elanus
leucorux), ringtail (Bassariscus astutus),
tricolored blackbird (Agelaius tricolor),
California spotted owl (Strix

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occidentalis occidentalis), Tehachapi
pocket mouse (Perognathus alticolus
inexpectatus), burrowing owl (Athene
cunicularia), yellow-blotched
salamander (Ensatina eschscholtzi
croceater), western spadefoot (Spea
hammondii), purple martin (Progne
subis), northern goshawk (Accipiter
gentalis), coast horned lizard (frontale
and blainvilli populations) (Phrynosoma
coronatum), Cooper’s hawk (Accipiter
cooperii), yellow-breasted chat (Icteria
virens), prairie falcon (Falco
mexicanus), northern harrier (Circus
cyaneus), long-eared owl (Asio otus),
two-striped garter snake (Thamnophis
hammondii), round-leaved filaree
(Erodium macrophyllum), Fort Tejon
woolly sunflower (Eriophyllum lanatum
var. hallii), Kusche’s sandwort
(Amenaria macradenia var. kuschei),
Tehachapi buckwheat (Eriogonum
callistum), American badger (Taxidea
taxus), striped adobe lily (Fritillaria
striata), and Tejon poppy (Eschscholzia
lemmonii ssp. Kernensis).
Activities proposed to be covered by
the MSHCP include limited private
development; livestock grazing and
range management; film production;
maintenance and construction of
underground utilities; recreation with
the exception of hunting; existing
commercial and residential
improvements; farming and irrigation
systems; repair, maintenance, and use of
roads; and existing mineral extraction
facilities. The MSHCP would not cover
hunting, nor would it cover the lethal
take of California condors. The MSHCP
will propose a conservation strategy to
minimize and mitigate to the maximum
extent possible any impacts that would
occur to covered species as the result of
the covered activities.
Environmental Impact Statement
The EIS will consider the proposed
action (i.e., the issuance of a section
10(a)1(B) permit under the Act), no
action (no section 10 permit), and a
reasonable range of alternatives. A
detailed description of the proposed
action and alternatives will be included
in the EIS. The EIS will also identify
potentially significant impacts on
biological resources, land use, air
quality, water resources, transportation,
and other environmental resource issues
that could occur directly or indirectly
with implementation of the proposed
action and alternatives. Different
strategies for avoiding, minimizing, and
mitigating the impacts of incidental take
may also be considered.
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

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(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. All comments
received, including names and
addresses, will become part of the
official administrative record and may
be made available to the public.
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 may 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: May 29, 2008.
Ken McDermond,
Deputy Regional Director, California Nevada
Region, Sacramento, California.
[FR Doc. E8–12426 Filed 6–3–08; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IRTM–2008–N0095; 90250–1660–
6050–9Z]

Privacy Act of 1974; Amendments to
Existing Systems of Records
Fish and Wildlife Service,
Interior.
ACTION: Proposed amendment of
existing Privacy Act systems of records.
AGENCY:

SUMMARY: In accordance with the
Privacy Act of 1974 (5 U.S.C. 552a), the
U.S. Fish and Wildlife Service of the
Department of the Interior is issuing
public notice of its intent to amend 19
existing Privacy Act systems of records
notices to add a new routine use to
authorize the disclosure of records to
individuals involved in responding to a
breach of Federal data.
DATES: Comments must be received by
July 14, 2008. The notice will be

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Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices

effective as proposed at the end of the
comment period unless comments are
received which would require a
contrary determination. The Department
will publish a revised notice if changes
are made based upon a review of
comments received.
Any persons interested in
commenting on these proposed
amendments may do so by submitting
comments in writing to the U.S. Fish
and Wildlife Service Privacy Act
Officer, Johnny R. Hunt, 4401 North
Fairfax Drive, Division of Information
and Resources Technology
Management, MS–380, Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, VA 22203, or by e-mail to
[email protected].

ADDRESSES:

U.S.
Fish and Wildlife Service Privacy Act
Officer, Johnny R. Hunt, 4401 North
Fairfax Drive, Division of Information
and Resources Technology
Management, MS–380, Arlington Square
Building, 4401 North Fairfax Drive,
Arlington, VA 22203, or by e-mail to
[email protected].

FOR FURTHER INFORMATION CONTACT:

On May
22, 2007, in a memorandum for the
heads of Executive Departments and
Agencies entitled ‘‘Safeguarding Against
and Responding to the Breach of
Personally Identifiable Information,’’ the
Office of Management and Budget
directed agencies to develop and
publish a routine use for disclosure of
information in connection with
response and remedial efforts in the
event of a data breach. This routine use
will serve to protect the interests of the
individuals, whose information is at
issue by allowing agencies to take
appropriate steps to facilitate a timely
and effective response to the breach,
thereby improving the agency’s ability
to prevent, minimize, or remedy any
harm resulting from a compromise of
data maintained in its systems of
records. Accordingly, the Fish and
Wildlife Service of the Department of
the Interior is proposing to add a new
routine use to authorize disclosure to
appropriate agencies, entities, and
persons of information maintained in
the following systems in the event of a
data breach. These amendments will be
effective as proposed at the end of the
comment period unless comments are
received that would require a contrary
determination. We will publish a

rwilkins on PROD1PC63 with NOTICES

SUPPLEMENTARY INFORMATION:

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revised notice if changes are made based
upon a review of comments received.
Johnny R. Hunt,
U.S. Fish and Wildlife Service Privacy Act
Officer.
SYSTEM NAMES:

Interior, FWS–3: ‘‘Security File’’,
(Published March 24, 1981, 46 FR
18368).
Interior, FWS–4: ‘‘Tort Claim
Records’’, (Published December 6, 1983,
48 FR 54715).
Interior, FWS–5: ‘‘National Wildlife
Special Use Permits’’, (Published
December 6, 1983, 48 FR 54716).
Interior, FWS–6: ‘‘Hunting and
Fishing Survey Records’’, (Published
March 24, 1981, 46 FR 18370).
Interior, FWS–7: ‘‘Water Development
Project and/or Effluent Discharge Permit
Application’’, (Published March 24,
1981, 46 FR 18370–18371).
Interior, FWS–10: ‘‘National Fish
Hatchery Special Use Permits’’,
(Published December 6, 1983, 48 FR
54717).
Interior, FWS–11: ‘‘Real Property
Records’’, (Published December 6, 1983,
48 FR 54717).
Interior, FWS–13: ‘‘North American
Breeding Bird Survey’’, (Published April
11, 1977, 42 FR 19086).
Interior, FWS–17: ‘‘Diagnostic—
Extension Service Records’’, (Published
April 11, 1977, 42 FR 19088).
Interior, FWS–19: ‘‘Endangered
Species Licensee System’’, (Published
December 6, 1983, 48 FR 54718).
Interior, FWS–20: ‘‘Investigative Case
File System’’, (Published December 6,
1983, 48 FR 54719).
Interior, FWS 21: ‘‘Permits System’’,
(Published September 4, 2003, 68 FR
52610–52612).
Interior, FWS 22: ‘‘U.S. Deputy Game
Warden’’, (Published March 24, 1981,
46 FR 18375).
Interior, FWS 23: ‘‘Motor Vehicle
Permit Log’’, (Published March 24,
1981, 46 FR 18376).
Interior, FWS 25: ‘‘Contract and
Procurement Records’’, (Published
December 6, 1983, 48 FR 54721).
Interior, FWS 26: ‘‘Migratory Bird
Population and Harvest Systems’’,
(Published March 24, 1981, 46 FR
18378).
Interior, FWS 27: ‘‘Correspondence
Control System’’, (Published April 11,
1977, 42 FR 19092).
Interior, FWS 30: ‘‘Marine Mammals
Management, Marking, Tagging and
Reporting Program’’, (Published August
5, 1993, 58 FR 41803).
Interior, FWS 34: ‘‘National
Conservation Training Center Training
Server System’’, (Published April 11,
2002, 67 FR 17711).

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NEW ROUTINE USE:

Disclosures outside the Department of
the Interior may be made:
To appropriate agencies, entities, and
persons when:
(a) It is suspected or confirmed that
the security or confidentiality of
information in the system of records has
been compromised; and
(b) The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and
(c) The disclosure is made to such
agencies, entities, and persons who are
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
[FR Doc. E8–12402 Filed 6–3–08; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–ES–2008–N0097; 60120–1113–
0000–D2]

Receipt of Application of Endangered
Species Recovery Permits
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of applications.
AGENCY:

SUMMARY: We announce our receipt of
applications to conduct certain
activities pertaining to enhancement of
survival of endangered species.
DATES: Written comments on this
request for a permit must be received by
July 7, 2008.
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 30 days of the date of publication
of this notice to Kris Olsen, by mail or
by telephone at 303–236–4256. All

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