Notice of Availability

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