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

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