[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Notices]
[Pages 27617-27618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13141]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of an Environmental Assessment and Finding
of No Significant Impact, and Receipt of an Application for an
Incidental Take Permit for the Regional Habitat Conservation Plan for
the Red-Cockaded Woodpecker on Private Land in the East Texas
Pineywoods
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SUMMARY: The Texas Parks and Wildlife Department (TPWD) and the Texas
Forest Service (TFS) (applicants) have applied for an incidental take
permit from the U.S. Fish and Wildlife Service (Service) pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as
amended. The requested permit would authorize the applicants to enter
into Safe Harbor Cooperative Agreements, authorizing future take; and
Isolated Group Cooperative Agreements authorizing take (subject to
fulfilling mitigative requirements) of isolated groups of the
endangered red-cockaded woodpecker (Picoides borealis). Such take would
be incidental to lawful land-use activities, such as timbering or
residential development, on private and public land (excluding State
and Federal land) in the Pineywoods region of east Texas. The permit
would only authorize incidental take on specific lands enrolled in this
program for which a respective Cooperative Agreement has been signed.
The geographic scope of the Texas red-cockaded woodpecker Habitat
Conservation Plan (HCP) encompasses the southeastern portion of the
Pineywoods Ecoregion of Texas.
It generally consists of a 21-county area that includes all or
parts of Angelina, Cherokee, Grimes, Hardin, Harris, Houston, Jasper,
Jefferson, Liberty, Montgomery, Nacogdoches, Newton, Orange, Polk,
Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker
counties. Lands potentially eligible for inclusion in the conservation
plan include all privately-owned lands and public lands owned by
cities, counties, and municipalities. Priority will be placed on
securing Safe Harbor Cooperative Agreements with landowners where the
land has the potential to benefit the red-cockaded woodpecker,
particularly land with abandoned or inactive clusters, and that is near
National Forests. Land in which red-cockaded woodpecker activity or
potential habitat occurs outside of the specified geographic boundary
may be considered for inclusion in the plan, although priority will be
given to land within the specified geographic region. The duration of
the permit is 99 years.
This notice advises the public that the Service has opened the
comment period on the permit application and the environmental
assessment (EA). The Service specifically requests comment on the
appropriateness of the ``No Surprises'' assurances contained in this
application. The permit application includes the Regional Habitat
Conservation Plan for the Red-cockaded Woodpecker on Private Land in
East Texas (Texas RCW HCP); an Isolated Group incidental take addendum;
two separate cooperative agreements with the Service; and two separate
cooperative agreements with landowners. The EA package includes a draft
EA, and a draft Finding of No Significant Impact (FONSI), which
concludes that issuing the incidental take permit is not a major
Federal action significantly affecting the quality of the human
environment, within the meaning of section 102(2)(C) of the National
Environmental Policy Act (NEPA) of 1969, as amended.
This notice is provided pursuant to section 10(a) of the Act and
NEPA regulations (40 CFR 1506.6). The Service will evaluate the
application, associated documents, and comments submitted thereon to
determine whether the application meets the requirements of NEPA
regulations and section 10(a) of the Act. If it is determined that the
requirements are met, a permit will be issued for the incidental take
of the red-cockaded woodpecker subject to the provisions of the Texas
RCW HCP. The final NEPA and permit determinations will not be completed
until after the end of a 30-day comment period and will fully consider
all comments received.
DATES: Written comments on the Texas RCW HCP, Isolated Group Addendum,
EA, and draft FONSI must be received within 30 days of the date of
publication.
ADDRESSES: Written data or comments should be submitted to Mr. Jeffrey
A. Reid, Wildlife Biologist, U.S. Fish and Wildlife Service, 701 N.
First Street, Lufkin, Texas 75901. Please refer to the Texas RCW HCP
when submitting comments. All comments received, including names and
addresses, will become part of the official administrative record and
may be made available to the public.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey A. Reid, U.S. Fish and
Wildlife Service, at the address above or telephone (409) 639-8546.
Individuals wishing copies of the documents should contact Mr. Reid.
Please refer to Texas
[[Page 27618]]
RCW HCP when requesting copies of documents.
Documents are available for review, subject to the requirements of
the Privacy Act and Freedom of Information Act, by any party who
submits a written request for a copy of such documents within 30 days
of the date of publication of this notice, to the address above or to
the Arlington Ecological Services Field Office, 711 Stadium Drive,
Suite 252, Arlington, Texas 76011; (817) 885-7830.
SUPPLEMENTARY INFORMATION: The Texas RCW HCP is intended to establish
Safe Harbor Cooperative Agreements that will result in the development
of habitat for use by red-cockaded woodpeckers. These Safe Harbor
Cooperative Agreements will provide incentives to develop red-cockaded
woodpecker habitat by landowners who may otherwise have reservations
about supporting endangered species on their lands.
The proposed programs complement the ongoing development of an
overall conservation strategy for the red-cockaded woodpecker
population in east Texas by representatives from the Service, U.S.
Forest Service, TPWD, TFS, and private industry. Implementation should
alleviate the concerns about endangered species conservation efforts by
providing private landowners with relief from potential regulatory
burdens while promoting voluntary enhancement and restoration of red-
cockaded woodpecker nesting and foraging habitat. Red-cockaded
woodpecker groups determined to be isolated will be used for
augmentation/translocation in recovery, support, or other viable
subpopulations.
The alternative of paying landowners for desired management
practices could be accomplished without incidental taking occurring.
However, such a program would be expensive and monies are not currently
available.
Instead, the regulatory incentive proposed here, though it
authorizes future incidental taking, is expected to attract sufficient
interest among east Texas landowners to generate real benefits for the
red-cockaded woodpecker. It is anticipated that 31 red-cockaded
woodpecker groups will be included under the Safe Harbor Cooperative
Agreements and as many as 10 red-cockaded woodpecker groups could be
involved in Isolated Group Cooperative Agreements. Therefore, the
extent of incidental take should not exceed 41 red-cockaded woodpecker
groups during the life of this permit.
The Texas RCW HCP is cast in an adaptive management framework to
allow changes in the program based on new scientific information
including, but not limited to, biological needs and management actions
proven to benefit the species or its habitat. The Service continues to
critically evaluate any potential or real biological costs and
conservation benefits of current red-cockaded woodpecker management and
research programs. This ensures continuation of activities proven to
directly benefit or contribute to species conservation and recovery.
Currently acceptable management activities may be modified or
eliminated based upon research findings and/or evaluation of the
biological costs versus the conservation benefits. The 1985 Red-
cockaded Woodpecker Recovery plan is currently undergoing revision to
reflect advances in red-cockaded woodpecker management in the last 12
years. This adaptive management concept allows the Texas RCW HCP to
tier to the revised recovery plan upon issuance.
All interested agencies, organizations, and individuals are urged
to provide comments on the permit application and NEPA documents.
All comments received by the closing date will be considered in
finalizing NEPA compliance and permit issuance or denial. The Service
will publish a record on its final action in the Federal Register.
Lynn B. Starnes,
Acting Regional Director, Region 2 Albuquerque, New Mexico
[FR Doc. 97-13141 Filed 5-19-97; 8:45 am]
BILLING CODE 4510-55-P
