Notice of Availability of an Application Submitted by Gulf States Paper Corporation for an Incidental Take Permit and Safe Harbor Agreement for Red-Cockaded Woodpeckers in Association Timber Harvest and Management Activities

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability of an Application Submitted by Gulf States

Paper Corporation for an Incidental Take Permit and Safe Harbor

Agreement for Red-Cockaded Woodpeckers in Association Timber Harvest

and Management Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Gulf States Paper Corporation (Applicant), has submitted an

application for an incidental take permit (ITP), including a Safe

Harbor/Memorandum of Agreement Conservation Plan (Plan), to the Fish

and Wildlife Service (Service), pursuant to Section 10(a)(1)(B) of the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (Act), as

amended. If granted, the ITP would authorize for a period of 50 years,

the incidental take of the endangered red-cockaded woodpecker, Picoides

borealis, (RCW) throughout the Applicant's ownership of approximately

400,000 acres in west-central Alabama. The take of the RCW would be

incidental to timber management operations performed by the Applicant.

Further, the Applicant approval of a Safe Harbor Agreement for the RCW

associated with implementation and administration of the Plan/ITP. The

proposed ITP would authorize incidental take of the RCW associated

with, where necessary and appropriate, shifting of the Applicant's RCW

baseline responsibilities as described below. Mitigation and

minimization strategy in the application involves establishing and

maintaining a 10,000 acre RCW management area, with the expectation of

increasing the extant population of 5 RCW groups to as many as 15 RCW

groups (See the SUPPLEMENTARY INFORMATION Section below.) By

consolidating the RCW population under control of the Applicant, the

Applicant will increase the stability of the extant population. Under

the Safe Harbor Agreement, no erosion of the current RCW population

would occur.

The Service has determined that the Plan qualifies as a ``low-

effect'' Habitat Conservation Plan as defined by the Service's Habitat

Conservation Planning Handbook (November 1996). The Service has further

determined that approval of the Plan qualifies as a categorical

exclusion under the National Environmental Policy Act, as provided by

the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,

Appendix 1). This notice is provided pursuant to section 10(c) of the

Act.

Copies of the application/Plan may be obtained by making a request

to the Regional Office (see ADDRESSES). Requests must be in writing to

be processed. Further, the Service announces that it has determined

that the Applicant's request is eligible for a Categorical Exclusion

under the National Environmental Policy Act (see SUPPLEMENTARY

INFORMATION).

DATES: Requests for the applications and/or written comments on the

application should be sent to the Service's Regional Office (see

ADDRESSES) and should be received on or before June 29, 1998.

ADDRESSES: Persons wishing to review the application may obtain a copy

by writing the Service's Southeast Regional Office, Atlanta, Georgia.

Documents will also be available for public inspection by appointment

during normal business hours at the Regional Office, 1875 Century

Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species

Permits), or U.S. Fish and Wildlife Service, P.O. Drawer 1190, Daphne,

Alabama 36526. Written data or comments concerning the application

should be submitted to the Regional Office. Comments must be submitted

in writing to be processed. Please reference permit under PRT-842707 in

such comments, or in requests of the documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit

Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile:

7081; or Mr. Brett Wehrle, Fish and Wildlife Biologist, Daphne Alabama

Field Office, (see ADDRESSES above), telephone: 334/441-5181 extension

29, facsimile: 334/694-4222.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation

prohibit the ``take'' of a species listed as endangered or threatened,

respectively (take is defined under the Act, in part, as to kill, harm,

or harass). However, the Service, under limited circumstances, may

issue permits to authorize ``incidental take'' of listed species

(defined by the Act as take that is incidental to, and not the purpose

of, the carrying out of an otherwise lawful activity). Regulations

governing permits for threatened species are promulgated in 50 CFR

17.32; regulations governing permits for endangered species are

promulgated in 50 CFR 17.22.

There are five RCW groups scattered throughout the Applicant's

ownership of approximately 400,000 acres. The primary goal of the

application will be to create adequate RCW nesting and foraging habitat

and to consolidate long-term management of the Applicant's RCW

population within a 10,000 RCW Management Area (Area). This will be

accomplished by translocation of juvenile RCWs to the Area to establish

a larger, more secure population. Incidental take of RCWs may occur as

a result of these actions, during performance of land management

actions within the Area, and via other activities associated with

implementation of the Plan. The Applicant's current baseline

responsibility will be adjusted upwards should additional groups be

discovered during timber management operations and/or periodic and

systematic RCW surveys associated with implementation of this

application. RCW foraging habitat management, cluster and cavity

management, staff training, administration, and monitoring are also

components of the application that will result in conservation benefits

to the RCW. The Applicant provides a funding source for the above-

mentioned mitigation and minimization measures.

The Service has determined that the Plan qualifies as a ``low-

effect'' Habitat Conservation Plan as defined by the Service's Habitat

Conservation Planning Handbook (November 1996).

Low-effect Habitat Conservation Plans are those involving: (1)

Minor or negligible effects on federally listed and candidate species

and their habitats, and (2) minor or negligible effects on other

environmental values or resources. The Plan qualifies as a low-effect

Habitat Conservation Plan for the following reasons: 1. Approval of the

Plan would result in minor or negligible adverse effects on the RCW and

its habitat. Further, the Service does not anticipate significant

direct or cumulative effects to the RCW resulting from approving the

application, Safe Harbor/Memorandum of Agreement Conservation Plan. 2.

Approval would not have adverse effects on unique geographic, historic

or cultural sites, or involve unique or unknown environmental risks. 3.

Approval of the Plan would not result in any cumulative or growth

inducing impacts and, therefore, would not result in significant

adverse effects on public health or safety. 4. The project does not

require compliance with Executive Order 11988 (Floodplain Management),

Executive Order 11990 (Protection of Wetlands), or

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the Fish and Wildlife Coordination Act, nor does it threaten to violate

a Federal, State, local or tribal law or requirement imposed for the

protection of the environment. 5. Approval of the Plan would not

establish a precedent for future action or represent a decision in

principle about future actions with potentially significant

environmental effects.

The Service has therefore determined that approval of the Plan

qualifies as a categorical exclusion under the National Environmental

Policy Act, as provided by the Department of the Interior Manual (516

DM 2, Appendix 1 and 516 DM 6, Appendix 1). No further National

Environmental Policy Act documentation will therefore be prepared. This

notice is provided pursuant to section 10(c) of the Act. The Service

will evaluate the permit application, the Plan, and comments submitted

thereon to determine whether the application meets the requirements of

section 10(a) of the Act. If it is determined that those requirements

are met, a permit will be issued for the incidental take of the RCW.

The final decision will be made no sooner than 30 days from the date of

this notice.

Dated: May 19, 1998.

H. Dale Hall,

Deputy Regional Director.

[FR Doc. 98-14190 Filed 5-28-98; 8:45 am]

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