[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29423-29424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14190]


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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

[[Page 29424]]

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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