[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63488-63489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30428]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability

AGENCY: Fish and Wildlife Service, Interior.

    Receipt of an application for an incidental take permit and 
availability of the Misstex Habitat Conservation Plan for take of one 
red-cockaded woodpecker group on 80 acres of private land in Montgomery 
County, Texas.

SUMMARY: A private landowner, Mr. Charles H. Lewis III of Misstex 
Properties, L.C., has applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to Section 10(a)(1)(B) 
of the Endangered Species Act of 1973 (Act), as amended. The applicant 
has been assigned permit number TE-003596-0. The proposed permit would 
authorize the applicant to take one red-cockaded woodpecker (RCW) group 
incidental to timber harvest operations and proposed development of 80 
acres of timberland on a 753-acre tract of land located in Montgomery 
County, Texas.
    This notice advises the public that the Service has opened the 
comment period on the permit application. The permit application 
includes the Misstex RCW Habitat Conservation Plan (HCP).
    Based upon guidance in the Service's November 1996, Habitat 
Conservation Planning Handbook, the Misstex RCW HCP qualifies as a 
``Low Effect'' HCP. Therefore, this action is a categorical exclusion 
as provided by 516 DM 2, Appendix 1 and 516 DM 6, Appendix 1 and no 
further National Environmental Policy Act (NEPA) documentation will be 
made. This notice is provided pursuant to section 10c 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 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 RCW based upon the Misstex RCW HCP. The final 
determinations will not be completed until after the end of the 30-day 
comment period and will fully consider all comments received during the 
comment period.

DATES: Comments on the Misstex RCW HCP, should be received in writing 
on or before December 14, 1998.

ADDRESSES: Persons wishing to review the application and HCP may obtain 
a copy by contacting Mr. Jeffrey A. Reid, Fish and Wildlife Biologist, 
U.S. Fish and Wildlife Service, 701 N. First Street, Lufkin, Texas 
75901. Written comments should also be sent to Jeffrey A. Reid at the 
same address; please refer to permit No. TE-003596-0 when submitting 
comments.

FOR FURTHER INFORMATION CONTACT:
Jeffrey A. Reid (Fish and Wildlife Biologist) at the above address or 
telephone (409/639-8546). Documents will also be available for public 
inspection, by appointment, during normal business hours at the above 
address and at 711 Stadium Drive, Suite 252, Arlington, Texas 76011. An 
appointment may be scheduled at the Arlington Office by calling (817/
277-1100).

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the RCW. However, the Service, 
under limited circumstances, may issue permits to take endangered 
wildlife species incidential to, and not the purpose of, otherwise 
lawful activities. Regulations governing permits for endangered species 
are at 50 CFR 17.22. The applicant owns approximately 2,000 contiguous 
acres in Montgomery County, Texas, that includes this 753-acre tract. 
The balance of the timber on the 2,000 acres was harvested except for 
an 80-acre RCW area that is part of the 753-acre tract. This 80 acres 
was retained for the RCWs to provide two clusters and associated 
foraging habitat. Approximately 5 to 6 seedtrees per acre were retained 
on the remaining 1,920 acres.
    The applicant has determined that retaining the timber that 
supports the RCW group is not an acceptable alternative and that 
harvesting the entire tract, including the two RCW clusters, is the 
preferred alternative. Consequently, the incidental taking of the RCW 
group is unavoidable, and the adverse impacts of the proposed timber 
harvesting activities cannot be minimized.
    Two RCW clusters comprised of three natural cavity trees are 
located on the 80 acres. Two of these cavity trees are considered to be 
unusable, because they contain enlarged cavities. A fall 1997, 
afternoon roost check revealed that two RCWs were utilizing the 80 
acres. One RCW roosted in the only usable cavity tree, and the other 
roosted in the open. To provide additional roosting/nesting cavities, 
the landowner had four

[[Page 63489]]

artificial cavity inserts installed upon request of the Service. Two of 
the four inserts were active by March 1998, one of which was identified 
as the nest tree in May 1998. Harvesting the 80 acres will incidentally 
take at least two RCWs (and any offspring produced), three natural 
cavity trees, and four trees with artifical cavity inserts.
    The applicant proposes to provide $50,000 to implement the Misstex 
RWC HCP. The mitigative aspects of this HCP involve translocating 
juvenile RCWs from the 80 acres in Montgomery County to Champion 
International's Brushy Creek RCW Management Area in Trinity County, 
Texas, in an attempt to establish an additional breeding pair on a 
permanently protected 210-acre site. If an additional RCW group has not 
been established on the Brushy Creek RCW Management Area after four 
breeding seasons, Champion International agrees to assume 
responsibility for the mitigation of the group located on the 
applicant's property.
    The permanent protection and management of 210 acres on Brushy 
Creek RCW Management Area is intended to compensate for the loss of 80 
acres of RCW habitat on the applicant's property. The agreement by 
Champion to ncrease its baseline number of RCW groups by one, 
essentially results in relocating one breeding group instead of the 
loss of one group. The balance of the funds that remain after the 
applicant's mitigation is considered complete will be place in an 
endowment fund to be managed by the National Fish and Wildlife 
Foundation for RCW recovery programs on state and private lands.

    Dated: November 3, 1998.
Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-30428 Filed 11-12-98; 8:45 am]
BILLING CODE 4510-55-M