[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Notices]
[Pages 37488-37489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18238]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of
Application for Incidental Take Permit for The Peregrine Fund's
Aplomado Falcon Reintroduction Program in Texas
APPLICANT: J. Peter Jenny, Boise, Idaho.
SUMMARY: The Peregrine Fund (J. Peter Jenny) has applied to the U.S.
Fish and Wildlife Service (Service) for an incidental take permit
pursuant to Section 10(A)1(a) of the Endangered Species Act (Act). The
proposed permit, which is for a period not to exceed 99 years, would
authorize the future take of the endangered northern aplomado falcon
(Falco femoralis septentrionalis) incidental to such lawful activities
as farming, ranching, and residential development on private land in a
14 county area of southern Texas. The proposed permit would authorize
incidental take only on land that is enrolled in a ``safe harbor''
program as described in documents associated with this action.
An Environmental Assessment (EA) and Habitat Conservation Plan
(HCP) have been prepared for the incidental take permit application.
A determination of whether jeopardy to the species is likely to
result or a Finding of No Significant Impact (FONSI), will not be made
before 30
[[Page 37489]]
days from the publication date of this notice. This notice is provided
pursuant to Section10 of the Act and National Environmental Policy Act
regulations (40 CFR 1506.6).
DATES: Written comments on the application should be received by August
19, 1996.
ADDRESSES: Persons wishing to review the application, the EA/HCP, or
other associated documents may obtain a copy by contacting Steven D.
Arey or Edith A. Erfling, Clear Lake Ecological Services Field Office,
17629 El Camino Real, Suite 211, Houston, Texas 77058 (713/286-8282).
Documents will be available for public inspection through a written
request, by appointment only, during normal business hours (8:00 to
4:30) at the U.S. Fish and Wildlife Service's Clear Lake Ecological
Services Field Office at the above address. Written data or comments
concerning the application and EA/HCP should be submitted to the Field
Supervisor, Clear Lake Ecological Services Field Office at the address
above. Please refer to permit number PRT - 814839 when submitting
comments.
FOR FURTHER INFORMATION CONTACT: Steven D. Arey or Edith A. Erfling at
the above Clear Lake Ecological Services Field Office address.
SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the taking of
endangered species such as the aplomado falcon. However, the Service,
under limited circumstances, may issue permits to take endangered
wildlife species, when such taking is incidental to, and not the
purpose of, otherwise lawful activities. Regulations governing permits
for endangered species are at 50 CFR 17.22.
In 1993, The Peregrine Fund initiated the release phase of the
northern aplomado falcon restoration program with the release of
captive-reared falcons on Laguna Atascosa National Wildlife Refuge in
Texas. The next step is an expansion of this program to include
restoration of the aplomado falcon on private lands. A significant
component of this reintroduction program is the development of a plan
under Section 10(a)(1)(b) of the Act that encourages the release of
aplomado falcons on private land in return for protection, a ``safe
harbor,'' from any additional future liabilities under the Act. While
current land use would result in minimal negative impact to the falcon,
and may in fact be essential to the success fo the aplomado falcon
restoration effort, landowners are concerned that the presence of
aplomado falcons may in the future restrict land use practices and/or
options.
Under the proposed ``safe harbor'' program participating landowners
will be permitted to take aplomado falcons incidental to future land
use actions, provided that the landowner maintains any established
baseline responsibilities. Only land that is enrolled in the program
for which a landowner has a signed cooperative agreement will be
covered by the proposed permit.
The agreement will identify any existing aplomado falcon baseline
responsibilities and grant permission for the release of birds on their
land. Agreements may be for varying periods of time and shall be
revocable by the landowner.
This proposal does not involve the incidental take of existing
endangered species habitat (the baseline habitat on private land will
be protected). Nor does the proposal allow an endangered species to be
shot, captured, or otherwise directly ``taken.''
The area to be affected by the proposed action encompasses the
following 14 counties in southern Texas: Calhoun, Refugio, Aransas, San
Patricio, Nueces, Kleberg, Kenedy, Willacy, Cameron, Hidalgo, Brooks,
Victoria, Jackson, and Matagorda. Within this specific plan area, land
potentially eligible for inclusion in the conservation plan include all
privately owned as well as non-federal public land, including land
owned by the State, counties, cities, and other governmental entities.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 96-18238 Filed 7-17-96; 8:45 am]
BILLING CODE 4510-55-P
