[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Pages 40853-40854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19770]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment, Habitat Conservation 
Plan, and Receipt of an Application for an Incidental Take Permit for 
the Sam Houston Resource Conservation & Development Areas, Inc., Native 
Gulf Coast Prairie Restoration Project

agency: Fish and Wildlife Service, Interior.

action: Notice.

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summary: Sam Houston Resource Conservation & Development Area, 
Incorporated has applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(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 Attwater's prairie chicken Tympanuchus cupido attwateri 
(APC) and the endangered Houston toad Bufo houstonensis incidental to 
such lawful activities as farming, ranching, residential development, 
etc., on private land in the Gulf Coast Prairie Ecosystem of Texas. The 
proposed permit would authorize incidental take only on land that is 
enrolled in the ``safe harbor'' program.
    An Environmental Assessment (EA) and Habitat Conservation Plan 
(HCP) have been prepared for the incidental take permit application. A 
determination of jeopardy to the species or a Finding of No Significant 
Impact (FONSI) will not be made before 30 days from the date of 
publication of this notice. This notice is provided pursuant to section 
10(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).

dates: Written comments on the permit application should be received on 
or before September 11, 1995.

addresses: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Albuquerque, New Mexico 87103. Persons wishing to review 
the EA and/or HCP may obtain a copy by contacting either Mr. Steven D. 
Arey or Ms. Edith A. Erfling, Clear Lake Field Office, 17629 El Camino 
Real, Suite 211, Houston, Texas 77058 (713/286-8282). Documents will be 
available by written request for public inspection, by appointment, 
during normal business hours at the Clear Lake Field Office (8:00 a.m. 
to 5:00 p.m.). Written data or comments concerning the application or 
EA should be submitted to the Field Supervisor (see ADDRESS above). 
Please refer to Permit Number PRT-805073).

for further information contact: Mr. Steven D. Arey or Ms. Edith A. 
Erfling at the above Clear Lake Field Office.

supplementary information: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Attwater's prairie chicken 
or the Houston toad. However, the Service, under limited circumstances, 
may issue permits to take endangered wildlife species incidental to, 
and not the purpose of, otherwise lawful activities. Regulations 
governing permits for endangered species are at 50 CFR 17.22.
    Sam Houston Resource Conservation & Development Area, Incorporated 
has initiated a program to restore, conserve, enhance, and maintain the 
historic Gulf Coast Prairies of Texas and to ensure the continued 
existence of the coastal prairie ecosystem. A significant component of 
the success of the program is the development of a plan under Section 
10(a)(1)(B) of the Act that encourages restoration, conservation and/or 
enhancement of prairie habitats that support either endangered or 
threatened species of fish or wildlife on private land in return for 
protection--a ``safe habor''--from any additional future liabilities 
under the Act.
    Only land that is enrolled in the ``safe habor'' program for which 
a landowner Prairie Restoration Agreement (Agreement) has been signed 
will be covered by the proposed permit. The Agreement will specify the 
proposed habitat improvements and record the general condition of the 
site through maps, photos, and biological surveys. Agreements will be 
for a minimum of 10 years and subject to a potential repayment 
obligation to RC&D, of an amount equal to 100% of the amounts expended, 
if the Agreement is terminated due to a cooperator's breach of the 
Agreement.
    This proposal does not involve the incidental take of existing 
endangered species habitat; i.e., 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 19 
counties within the Gulf Coast Prairies 

[[Page 40854]]
of Texas and includes only those areas that historically contained 
coastal prairie habit. The counties included within this program are as 
follows: Aransas, Austin, Brazoria, Calhoun, Chambers, Colorado, Fort 
Bend, Galveston, Goliad, Harris, Jackson, Jefferson, Liberty, 
Matagorda, Orange, Refugio, Victoria, Waller, and Wharton.
    Priority will be placed on securing Agreements with landowners 
located adjacent to, or near, one of the remaining APC populations. 
Specifically targeted are tracts within a 5-mile radius of Attwater's 
Prairie Chicken National Wildlife Refuge, sites in southern Galveston 
and Brazoria Counties that are located between the Nature Conservancy's 
Galveston Bay Coastal Prairie Preserve and Brazoria National Wildlife 
Refuge, and sites within a 5-mile radius of known prairie chicken 
populations in Refugio County.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-19770 Filed 8-9-95; 8:45 am]
BILLING CODE 4310-55-M