[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 39024-39025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15466]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2008-N0140; 20124-1113-0000-F2]


Balmorhea State Park Management Plan Habitat Conservation Plan, 
Reeves County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: Draft low effect habitat conservation 
plan and permit application.

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SUMMARY: The Texas Parks and Wildlife Department (Applicant) has 
applied for an incidental take permit (Permit) under Section 
10(a)(1)(B) of the Endangered Species Act of 1973 as amended (ESA) for 
the incidental take of the endangered Comanche Springs pupfish 
(Cyprinodon elegans) and Pecos gambusia (Gambusia nobilis), as well as 
the following candidate species: Phantom springsnail (Tryonia 
cheatumi), diminutive amphipod (Gammarus hyalleloides), and Phantom 
Lake Cave Snail (Cochliopa texana). The potential take would occur 
incidental to normal management activities at Balmorhea State Park 
(Park), Reeves County, Texas.

DATES: To ensure consideration, we must receive written comments on or 
before August 7, 2008.

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, Room 4102, Albuquerque, NM 87103. Persons wishing to 
review the EA/HCP may obtain a copy by written or telephone request to 
William Amy, Ecological Services Office, U.S. Fish and Wildlife 
Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 (512/490-0057, 
ext. 234). Documents will be available for public inspection by written 
request, or by appointment only during normal business hours (8 a.m. to 
4:30 p.m.), at the above Austin address.

FOR FURTHER INFORMATION CONTACT: William Amy, Ecological Services 
Office, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, 
Austin, TX 78758 (512/490-0057, ext. 234).
    Applicant: The Texas Parks and Wildlife Department (Applicant) has 
applied for an incidental take permit (Permit) pursuant to Section 
10(a)(1)(B) of the Endangered Species Act of 1973 as amended (16 U.S.C. 
153101544, 87 Stat. 884) (ESA), from the U.S. Fish & Wildlife Service 
(Service) for incidental take of the endangered Comanche Springs 
pupfish (Cyprinodon elegans) and Pecos gambusia (Gambusia nobilis), as 
well as the following species, which are candidates to be listed: 
Phantom springsnail (Tryonia cheatumi), diminutive amphipod (Gammarus 
hyalleloides), and Phantom Lake Cave Snail (Cochliopa texana). The 
potential take is incidental to management activities at Balmorhea 
State Park.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Comanche Springs pupfish 
and Pecos gambusia. 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.
    The Balmorhea State Park Management Plan HCP qualifies as a ``Low 
Effect'' HCP as defined in the Service Habitat Conservation Planning 
Handbook (November 1996). Low Effect HCPs have relatively minor or 
negligible

[[Page 39025]]

impacts. Therefore, this action is a categorical exclusion as provided 
by 516 DM 2 Appendix 1 and 516 DM 6 Appendix 1 and no further NEPA 
documentation is required. A determination of jeopardy or non-jeopardy 
to the species will not be made until at least 30 days after the date 
of publication of this notice. We provide this notice under Section 
10(c) of the ESA and National Environmental Policy Act regulations (40 
CFR 1506.6).

Public Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Data or comments concerning the application and HCP 
should be submitted in writing to the Field Supervisor, U.S. Fish and 
Wildlife Service, Ecological Services Office, Austin, Texas at the 
above address. Please refer to permit number TE-183172-0 when 
submitting comments.

Christopher T. Jones,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
 [FR Doc. E8-15466 Filed 7-7-08; 8:45 am]
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