Notice of Availability of a Draft Environmental Assessment/ Habitat Conservation Plan and Receipt of Application for an Incidental Take Permit for the City of Austin for the Operation and Maintenance of Barton Springs Pool and Adjacent Springs

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability of a Draft Environmental Assessment/

Habitat Conservation Plan and Receipt of Application for an Incidental

Take Permit for the City of Austin for the Operation and Maintenance of

Barton Springs Pool and Adjacent Springs

ACTION: Second Notice of Availability.

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SUMMARY: This is the second issuance of this draft document. The

Service has decided that new information incorporated into this

document was significant enough to warrant an additional public comment

period. The City of Austin has applied to the Fish and Wildlife Service

(Service) for an incidental take permit pursuant to Section 10(a) of

the Endangered Species Act (Act). The applicant has been assigned

permit number PRT-839031. The requested permit, which is for a period

of 15 years, would authorize the incidental take of the endangered

Barton Springs salamander (Eurycea sosorum). The proposed take would

occur as the result of the operation and maintenance of Barton Springs

Pool and adjacent springs in Austin, Travis County, Texas. The Service

and the City of Austin have prepared an Environmental Assessment/

Habitat Conservation Plan (EA/HCP) for the incidental take permit

application. A determination of jeopardy to the species or a Finding of

No Significant Impact (FONSI) will not be made before at least 30 days

from the date of publication of this notice. This notice is provided

pursuant to Section 10(c) of the Act and National Environmental Policy

Act regulations (40 CFR 1506.6).

DATES: Written comments on the application should be received on or

before August 14, 1998.

ADDRESSES: Persons wishing to review the EA/HCP may obtain a copy by

contacting Matthew Lechner, Ecological Services Field Office, 10711

Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). Documents

will be available for public inspection by written request, by

appointment only, during normal business hours (8:00 to 4:30) at the

U.S. Fish and Wildlife Service, Austin, Texas. Written data or comments

concerning the application and EA/HCP should be submitted to the Field

Supervisor, Ecological Services Field Office, Austin, Texas, at the

above address. Please refer to permit number PRT-839031 when submitting

comments.

FOR FURTHER INFORMATION CONTACT: Matthew Lechner at the above Austin

Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the

``taking'' of endangered species such as the Barton Springs salamander.

Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, or collect. 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.

Applicant: The City of Austin plans to maintain and operate Barton

Springs Pool and the adjacent springs in Austin, Travis County, Texas.

This action may cause the incidental take of less than 20 salamanders

per year, for the 15-year term of the permit. The applicant proposes to

minimize and mitigate for the incidental take of the Barton Springs

salamander by placing 10 percent of the total revenues generated at

Barton Springs Pool into a conservation fund. The fund will be used for

enhancing habitat and for ecological and biological research on the

Barton Springs salamander. In addition, mitigation measures are

included in the Habitat Conservation Plan.

Dated: July 6, 1998.

Frank Shoemaker,

Regional Director, Region 2, Albuquerque, New Mexico.

[FR Doc. 98-18827 Filed 7-14-98; 8:45 am]

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