[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29423-29424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14190]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of an Application Submitted by Gulf States
Paper Corporation for an Incidental Take Permit and Safe Harbor
Agreement for Red-Cockaded Woodpeckers in Association Timber Harvest
and Management Activities
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Gulf States Paper Corporation (Applicant), has submitted an
application for an incidental take permit (ITP), including a Safe
Harbor/Memorandum of Agreement Conservation Plan (Plan), to the Fish
and Wildlife Service (Service), pursuant to Section 10(a)(1)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (Act), as
amended. If granted, the ITP would authorize for a period of 50 years,
the incidental take of the endangered red-cockaded woodpecker, Picoides
borealis, (RCW) throughout the Applicant's ownership of approximately
400,000 acres in west-central Alabama. The take of the RCW would be
incidental to timber management operations performed by the Applicant.
Further, the Applicant approval of a Safe Harbor Agreement for the RCW
associated with implementation and administration of the Plan/ITP. The
proposed ITP would authorize incidental take of the RCW associated
with, where necessary and appropriate, shifting of the Applicant's RCW
baseline responsibilities as described below. Mitigation and
minimization strategy in the application involves establishing and
maintaining a 10,000 acre RCW management area, with the expectation of
increasing the extant population of 5 RCW groups to as many as 15 RCW
groups (See the SUPPLEMENTARY INFORMATION Section below.) By
consolidating the RCW population under control of the Applicant, the
Applicant will increase the stability of the extant population. Under
the Safe Harbor Agreement, no erosion of the current RCW population
would occur.
The Service has determined that the Plan qualifies as a ``low-
effect'' Habitat Conservation Plan as defined by the Service's Habitat
Conservation Planning Handbook (November 1996). The Service has further
determined that approval of the Plan qualifies as a categorical
exclusion under the National Environmental Policy Act, as provided by
the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). This notice is provided pursuant to section 10(c) of the
Act.
Copies of the application/Plan may be obtained by making a request
to the Regional Office (see ADDRESSES). Requests must be in writing to
be processed. Further, the Service announces that it has determined
that the Applicant's request is eligible for a Categorical Exclusion
under the National Environmental Policy Act (see SUPPLEMENTARY
INFORMATION).
DATES: Requests for the applications and/or written comments on the
application should be sent to the Service's Regional Office (see
ADDRESSES) and should be received on or before June 29, 1998.
ADDRESSES: Persons wishing to review the application may obtain a copy
by writing the Service's Southeast Regional Office, Atlanta, Georgia.
Documents will also be available for public inspection by appointment
during normal business hours at the Regional Office, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species
Permits), or U.S. Fish and Wildlife Service, P.O. Drawer 1190, Daphne,
Alabama 36526. Written data or comments concerning the application
should be submitted to the Regional Office. Comments must be submitted
in writing to be processed. Please reference permit under PRT-842707 in
such comments, or in requests of the documents discussed herein.
FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit
Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile:
7081; or Mr. Brett Wehrle, Fish and Wildlife Biologist, Daphne Alabama
Field Office, (see ADDRESSES above), telephone: 334/441-5181 extension
29, facsimile: 334/694-4222.
SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation
prohibit the ``take'' of a species listed as endangered or threatened,
respectively (take is defined under the Act, in part, as to kill, harm,
or harass). However, the Service, under limited circumstances, may
issue permits to authorize ``incidental take'' of listed species
(defined by the Act as take that is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity). Regulations
governing permits for threatened species are promulgated in 50 CFR
17.32; regulations governing permits for endangered species are
promulgated in 50 CFR 17.22.
There are five RCW groups scattered throughout the Applicant's
ownership of approximately 400,000 acres. The primary goal of the
application will be to create adequate RCW nesting and foraging habitat
and to consolidate long-term management of the Applicant's RCW
population within a 10,000 RCW Management Area (Area). This will be
accomplished by translocation of juvenile RCWs to the Area to establish
a larger, more secure population. Incidental take of RCWs may occur as
a result of these actions, during performance of land management
actions within the Area, and via other activities associated with
implementation of the Plan. The Applicant's current baseline
responsibility will be adjusted upwards should additional groups be
discovered during timber management operations and/or periodic and
systematic RCW surveys associated with implementation of this
application. RCW foraging habitat management, cluster and cavity
management, staff training, administration, and monitoring are also
components of the application that will result in conservation benefits
to the RCW. The Applicant provides a funding source for the above-
mentioned mitigation and minimization measures.
The Service has determined that the Plan qualifies as a ``low-
effect'' Habitat Conservation Plan as defined by the Service's Habitat
Conservation Planning Handbook (November 1996).
Low-effect Habitat Conservation Plans are those involving: (1)
Minor or negligible effects on federally listed and candidate species
and their habitats, and (2) minor or negligible effects on other
environmental values or resources. The Plan qualifies as a low-effect
Habitat Conservation Plan for the following reasons: 1. Approval of the
Plan would result in minor or negligible adverse effects on the RCW and
its habitat. Further, the Service does not anticipate significant
direct or cumulative effects to the RCW resulting from approving the
application, Safe Harbor/Memorandum of Agreement Conservation Plan. 2.
Approval would not have adverse effects on unique geographic, historic
or cultural sites, or involve unique or unknown environmental risks. 3.
Approval of the Plan would not result in any cumulative or growth
inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety. 4. The project does not
require compliance with Executive Order 11988 (Floodplain Management),
Executive Order 11990 (Protection of Wetlands), or
[[Page 29424]]
the Fish and Wildlife Coordination Act, nor does it threaten to violate
a Federal, State, local or tribal law or requirement imposed for the
protection of the environment. 5. Approval of the Plan would not
establish a precedent for future action or represent a decision in
principle about future actions with potentially significant
environmental effects.
The Service has therefore determined that approval of the Plan
qualifies as a categorical exclusion under the National Environmental
Policy Act, as provided by the Department of the Interior Manual (516
DM 2, Appendix 1 and 516 DM 6, Appendix 1). No further National
Environmental Policy Act documentation will therefore be prepared. This
notice is provided pursuant to section 10(c) of the Act. The Service
will evaluate the permit application, the Plan, and comments submitted
thereon to determine whether the application meets the requirements of
section 10(a) of the Act. If it is determined that those requirements
are met, a permit will be issued for the incidental take of the RCW.
The final decision will be made no sooner than 30 days from the date of
this notice.
Dated: May 19, 1998.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 98-14190 Filed 5-28-98; 8:45 am]
BILLING CODE 4310-55-P
