83 FR 28204 - Endangered and Threatened Species: Take of Anadromous Fish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range		28204-28205
FR Document		2018-12916

NMFS has received an application for a new Enhancement of Survival Permit and a request for entry into an associated proposed Safe Harbor Agreement (Agreement) between the applicant and NMFS. The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of Central California Coast (CCC) coho salmon (Oncorhynchus kisutch) and CCC steelhead (O. mykiss) listed as endangered and threatened, respectively, under the Endangered Species Act (ESA). Information NMFS received as a part of the application is available upon request by contacting the NMFS West Coast Region (WCR) at its California Coastal Office in Santa Rosa, California (see FOR FURTHER INFORMATION CONTACT).

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28204-28205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12916]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG221


Endangered and Threatened Species: Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice. Application for one new Enhancement of Survival Permit 
under section 10(a)(1)(A) of the Endangered Species Act of 1973, as 
amended.

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SUMMARY: NMFS has received an application for a new Enhancement of 
Survival Permit and a request for entry into an associated proposed 
Safe Harbor Agreement (Agreement) between the applicant and NMFS. The 
proposed Enhancement of Survival Permit and Agreement are intended to 
promote the survival and recovery of Central California Coast (CCC) 
coho salmon (Oncorhynchus kisutch) and CCC steelhead (O. mykiss) listed 
as endangered and threatened, respectively, under the Endangered 
Species Act (ESA). Information NMFS received as a part of the 
application is available upon request by contacting the NMFS West Coast 
Region (WCR) at its California Coastal Office in Santa Rosa, California 
(see FOR FURTHER INFORMATION CONTACT).

DATES: Comments or requests for a public hearing on the action proposed 
in the application or related matters must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific standard time on July 18, 2018.

ADDRESSES: You may submit comments on this document and requests for a 
public hearing by any of the following methods. Please identify 
comments as relating to the ``Kellogg Ranch Safe Harbor Agreement.''
    Electronic Submissions: Submit all electronic comments via the 
Federal Rulemaking Portal. Go to http://www.regulations.gov/, click the 
``Comment Now!'' icon, complete the required fields, and enter, or 
attach your comments.
    Mail, Email, Fax: Submit written comments and requests for a public 
hearing to California Coastal Office, NMFS WCR, 777 Sonoma Avenue Room 
325, Santa Rosa, CA 95404. Comments and requests may also be submitted 
via fax to (707) 578-3435 or by email to WCR-KelloggSHA.comments@noaa.gov.
    Instructions: Comments sent by any other methods, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record, and will generally be posted for public viewing on 
http://www.regulations.gov without change. All personally identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Dan Wilson, Santa Rosa, CA (Phone: 
(707) 578-8555, Fax: (707) 825-4840, email: 
WCRKelloggRanchSHA.comments@noaa.gov)

SUPPLEMENTARY INFORMATION:

Species Covered in This Notice

    The proposed Enhancement of Survival Permit and Agreement are 
intended to promote the survival and recovery of endangered CCC coho 
salmon and threatened CCC steelhead.

Authority

    Enhancement of Survival Permits are issued in accordance with 
section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.), and 
regulations governing ESA-listed fish and wildlife permits (50 CFR 
parts 222-227). NMFS issues permits based on findings that such 
permits: (1) Were applied for in good faith; (2) if granted and 
exercised would not operate to the disadvantage of the listed species 
that are the subject of the permit; and (3) are consistent with the 
purposes and policy set forth in section 2 of the ESA. The authority to 
take listed species is subject to conditions set forth in the permits.
    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 ESA. Safe 
Harbor Agreements, and the subsequent Enhancement of Survival Permits 
that are issued pursuant to section 10(a)(1)(A) of the ESA, encourage 
private and other non-Federal property owners to implement conservation 
efforts for listed species by assuring property owners that they will 
not be subjected to increased property-use restrictions as a result of 
their efforts to attract listed species to their property and increase 
the numbers or distribution of these species already on their property. 
Application requirements and issuance criteria for Enhancement of 
Survival Permits through Safe Harbor Agreements are found in 50 CFR 
222.308(b), 222.308(c), and the Announcement of Final Safe Harbor 
Policy published on June 17, 1999 (64 FR 32717). These permits allow 
any necessary future incidental take of covered species above the 
mutually agreed-upon baseline conditions for those species in 
accordance with the terms and conditions of the permits and 
accompanying agreements.
    An interested party may submit data, views, arguments, or a request 
for a hearing with respect to the action proposed in the application or 
related matters. Anyone requesting a hearing on a matter pursuant to 
this notice should set out the specific reasons why a hearing on that 
matter would be appropriate (see ADDRESSES). Such hearings are held at 
the discretion of the Assistant Administrator for Fisheries, NMFS.

Applications Received

Permit 22228

    Ms. Barbara Banke, Trustee of Barbara R. Banke Revocable Trust, 
(Applicant) is requesting an Enhancement of Survival Permit and 
approval of an associated proposed Agreement that was developed by NMFS 
and the Applicant. The Enhancement of Survival Permit will facilitate 
implementation of the Agreement that is expected to promote the 
recovery of the covered species on non-Federal property within the 
Yellowjacket Creek and Kellogg Creek on the Applicant's Kellogg Ranch. 
Yellowjacket Creek and Kellogg Creek are tributaries to Redwood Creek, 
thence Maacama Creek, thence the Russian River in Sonoma County, 
California.
    The proposed duration of the Agreement and the associated 
Enhancement of Survival Permit is 25 years. The proposed Enhancement of 
Survival Permit would authorize the incidental taking of CCC coho 
salmon and CCC steelhead that may be associated with covered activities 
including beneficial management activities, routine land use 
activities, and the potential future return of the

[[Page 28205]]

enrolled property to baseline conditions at the end of the Agreement, 
as defined in the Agreement. The Agreement specifies the beneficial 
management activities to be carried out on the enrolled property, and 
schedule for implementing those activities. The Agreement is expected 
to promote the recovery of CCC coho salmon and CCC steelhead within the 
Applicant's Kellogg Ranch.
    The Agreement requires that the Applicant maintain baseline 
condition for the covered species habitat on the enrolled property. 
NMFS has reviewed the baseline condition for the enrolled property as 
it is defined in the Agreement. The Agreement also contains a 
monitoring component that requires the Applicant to ensure compliance 
with the terms and conditions of the Agreement, and that the baseline 
levels of habitat for the covered species occurs on the enrolled 
property. Results of the monitoring efforts will be provided to NMFS by 
the Applicant in an annual report for the duration of the 25-year 
permit term.
    Upon approval of this Agreement, and consistent with the NMFS's 
Safe Harbor Policy, NMFS will issue an Enhancement of Survival Permit 
to the Applicant. The Enhancement of Survival Permit will authorize the 
Applicant to take CCC coho salmon and CCC steelhead incidental to the 
implementation of the covered activities specified in the Agreement, 
incidental to other lawful uses of the enrolled property, and to return 
to baseline conditions if desired at the end of the Agreement. In 
addition to meeting other criteria, actions to be performed under the 
Enhancement of Survival Permit must not jeopardize the existence of 
Federally listed species.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA and Federal regulations. The final permit 
decision will not be made until after the end of the 30-day comment 
period. NMFS will publish notice of its final action in the Federal 
Register.

    Dated: June 12, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-12916 Filed 6-15-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28205

enrolled property to baseline conditions DEPARTMENT OF COMMERCE Federal court or the USPTO in which
at the end of the Agreement, as defined the owner of the issued patent took a
in the Agreement. The Agreement United States Patent and Trademark position on the scope of any claim of the
specifies the beneficial management Office issued patent.
activities to be carried out on the
Post Patent Public Submissions The public may use this information
enrolled property, and schedule for
implementing those activities. The collection to aid in ascertaining the
Agreement is expected to promote the ACTION: Proposed collection; comment patentability and/or scope of the claims
recovery of CCC coho salmon and CCC request. of the issued patent. The USPTO may
steelhead within the Applicant’s use this information during subsequent
SUMMARY: The United States Patent and reissue or reexamination proceedings.
Kellogg Ranch. Trademark Office (USPTO), as required
The Agreement requires that the The USPTO’s use of the statements of
by the Paperwork Reduction Act of
Applicant maintain baseline condition the patent owners ((2) above) will be
1995, invites comments on a proposed
for the covered species habitat on the limited to determining the meaning of a
extension of an existing information
enrolled property. NMFS has reviewed collection; 0651–0067: Post Patent patent claim in ex parte reexamination
the baseline condition for the enrolled Public Submissions. proceedings that already have been
property as it is defined in the ordered and in inter partes review and
DATES: Written comments must be
Agreement. The Agreement also post grant review proceedings that
contains a monitoring component that submitted on or before August 17, 2018.
already have been instituted.
requires the Applicant to ensure ADDRESSES: You may submit comments
compliance with the terms and by any of the following methods: II. Method of Collection
conditions of the Agreement, and that • Email: InformationCollection@
the baseline levels of habitat for the uspto.gov. Include ‘‘0651–0067 Electronically via the USPTO’s
covered species occurs on the enrolled comment’’ in the subject line of the electronic filing system (EFS–Web). By
property. Results of the monitoring message. facsimile, mail or hand delivery, if the
efforts will be provided to NMFS by the • Federal Rulemaking Portal: http:// submitter chooses to submit the
Applicant in an annual report for the www.regulations.gov. information in paper form.
duration of the 25-year permit term. • Mail: Marcie Lovett, Records and
III. Data
Upon approval of this Agreement, and Information Governance Division
consistent with the NMFS’s Safe Harbor Director, Office of the Chief Technology OMB Number: 0651–0067.
Policy, NMFS will issue an Officer, United States Patent and
Enhancement of Survival Permit to the Trademark Office, P.O. Box 1450, IC Instruments and Forms: PTO/SB/
Applicant. The Enhancement of Alexandria, VA 22313–1450. 42.
Survival Permit will authorize the FOR FURTHER INFORMATION CONTACT: Type of Review: Extension of a
Applicant to take CCC coho salmon and Requests for additional information Currently Existing Collection.
CCC steelhead incidental to the should be directed to Raul Tamayo, Affected Public: Individuals or
implementation of the covered activities Senior Legal Advisor, Office of Patent households; businesses or other for-
specified in the Agreement, incidental Legal Administration, United States profits; and not-for-profit institutions.
to other lawful uses of the enrolled Patent and Trademark Office, P.O. Box
property, and to return to baseline 1450, Alexandria, VA 22313–1450; by Estimated Number of Respondents:
conditions if desired at the end of the telephone at 571–272–7728; or by email 100 response per year.
Agreement. In addition to meeting other to Raul.Tamayo@uspto.gov with ‘‘0651– Estimated Time per Response: The
criteria, actions to be performed under 0067 comments’’ in the subject line. USPTO estimates that it will take the
the Enhancement of Survival Permit Additional information about this public 10 hours to respond to the items
must not jeopardize the existence of collection is also available at http:// in this collection. This includes the time
Federally listed species. www.reginfo.gov under ‘‘Information
This notice is provided pursuant to to gather the necessary information,
Collection Review.’’ create the document, and submit the
section 10(c) of the ESA. NMFS will
SUPPLEMENTARY INFORMATION: completed request to the USPTO.
evaluate the application, associated
documents, and comments submitted to I. Abstract Estimated Total Annual Respondent
determine whether the application Burden Hours: 1,000 hours.
The United States Patent and
meets the requirements of section 10(a)
Trademark Office (USPTO) is required Estimated Total Annual Respondent
of the ESA and Federal regulations. The
by 35 U.S.C. 131 to examine an (Hour) Cost Burden: $438,000. The
final permit decision will not be made
application for patent and, when USPTO expects that attorneys will
until after the end of the 30-day
appropriate, issue a patent. The completed the instruments associated
comment period. NMFS will publish
provisions of 35 U.S.C. 301 and 37 CFR with this information collection. The
notice of its final action in the Federal
1.501 govern the ability of a person to professional hourly rate for intellectual
Register.
submit into the file of an issued patent property attorneys in private firms is
Dated: June 12, 2018. (1) prior art consisting of patents or $438. Using this hourly rate, the USPTO
Angela Somma, printed publications which the person estimates that the total respondent cost
amozie on DSK3GDR082PROD with NOTICES1

Chief, Endangered Species Division, Office making the submission believes to have burden for this collection is $438,000
of Protected Resources, National Marine a bearing on the patentability of any
Fisheries Service.
per year.
claim of the issued patent and (2)
[FR Doc. 2018–12916 Filed 6–15–18; 8:45 am] statements of the owner of the issued
BILLING CODE 3510–22–P patent filed in a proceeding before a

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Document Created: 2018-06-18 15:50:21
Document Modified: 2018-06-18 15:50:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice. Application for one new Enhancement of Survival Permit under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended.
Dates		Comments or requests for a public hearing on the action proposed in the application or related matters must be received at the
Contact		Dan Wilson, Santa Rosa, CA (Phone: (707) 578-8555, Fax: (707) 825-4840, email: [email protected])
FR Citation		83 FR 28204
RIN Number		0648-XG22

83 FR 28204 - Endangered and Threatened Species: Take of Anadromous Fish

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration