[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