Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices 29423

Dated: May 22, 1998.

MaryEllen Amtower,

Acting Chief, Branch of Permits, Office of

Management Authority.

[FR Doc. 98–14199 Filed 5–28–98; 8:45 am]

BILLING CODE 4310–55–P

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.

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 longterm 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 loweffect 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
29424 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices

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]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR–958–1430–01; GP8–0072; OR–51831–

WA]

Public Land Order No. 7333;

Withdrawal of Lands for the San Juan

Archipelago; Washington

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order withdraws 195.59

acres of public lands and 75.82 acres of

non-Federal lands proposed for

acquisition from surface entry and

mining for a period of 5 years to protect

the natural and recreational values on

10 tracts of land in the San Juan

Archipelago, while the Bureau of Land

Management completes land use

planning for these areas. The public

lands have been and will remain open

to mineral leasing. The non-Federal

lands will become subject to the

withdrawal and will be opened to

mineral leasing upon acquisition by the

United States.

EFFECTIVE DATE: May 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Betty McCarthy, BLM Oregon/

Washington State Office, P.O. Box 2965,

Portland, Oregon 97208–2965, 503–952–

6155.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1994), it is ordered as follows:

1. Subject to valid existing rights, the

following described public lands are

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1994)),

but not from leasing under the mineral

leasing laws, to protect the natural and

recreational values on seven waterfront

tracts, one inland tract, and two islands

in the San Juan Archipelago:

Willamette Meridian

Tract H (Lopez Island; NW Chadwick Hill

and Wetland)

T. 34 N., R.1 W.,

Sec. 17, that portion of the south 200 ft. of

the N1⁄2SE1⁄4, SE1⁄4SE1⁄4, and SW1⁄4SE1⁄4,

excepting therefrom the following

described tracts:

Beginning at the southwest corner of the

southeast quarter of sec. 17, running due east

9 rods to ditch; Thence following ditch in

northeasterly direction 14 rods; Thence run

in a northwesterly direction 30 rods; Thence

running in a westerly direction 6 rods to

County Road; Thence following County Road

due south 40 rods to point of beginning. Also

beginning at southwest corner of SE1⁄4 of said

sec. 17, and running due east 9 rods to ditch;

Thence following ditch in a northeasterly

direction 300 ft; Thence due east 937 ft;

Thence south 208.7 ft; Thence on section line

west 1150 feet to place of beginning; EXCEPT

County Road along the west line thereof;

(83.67 acres) AND

Sec. 17, the north 330 ft. of the south 530

ft. of the NE1⁄4SE1⁄4 and NW1⁄4SE1⁄4 being

more particularly described as follows:

A portion of the NE1⁄4SE1⁄4 described as

follows:

Commencing at the east quarter corner of

said sec. 17 as described by instrument

recorded under Auditor’s File No. 95675,

records of said county, from which the

concrete monument described by instrument

recorded under Auditor’s File No. 120616,

records of said county, as marking the

northeast corner of said sec. 17 bears north

0°37′51′′ east; Thence from said quarter

corner along the easterly boundary of said

NE1⁄4SE1⁄4 south 0°37′02′′ west, 809.69 ft. to

the TRUE POINT OF BEGINNING of the

parcel to be described; Thence leaving said

easterly boundary and along the northerly

boundary of the south 530 ft. of the said

NE1⁄4SE1⁄4 and parallel with the southerly

boundary of the said NE1⁄4SE1⁄4 south

89°49′41′′ west, 991.78 ft. to a point on the

easterly boundary of the west 330 ft. of the

said NE1⁄4SE1⁄4; Thence leaving said

northerly boundary and along said easterly

boundary south 0°29′00′′ west, 330.02 ft. to

a point on the northerly boundary of the

south 200 ft. of the said NE1⁄4SE1⁄4; Thence

along said northerly boundary and parallel

with the southerly boundary of the said

NE1⁄4SE1⁄4 north 89°49′41′′ east, 991.01 ft. to

a point on the easterly boundary of the said

NE1⁄4SE1⁄4; Thence along said easterly

boundary north 0°37′02′′ east, 330.03 ft. to

the TRUE POINT OF BEGINNING; AND,

Sec. 17, portions of the NE1⁄4SE1⁄4 and

NW1⁄4SE1⁄4 described as follows:

Commencing at the east quarter corner of

said sec. 17 as described by instrument

recorded under Auditor’s File No. 95675,

records of said county, from which the

concrete monument described by instrument

recorded under Auditor’s File No. 120616,

records of said county, bears north 0°37′51′′

east; Thence from said quarter corner along

the common boundary of the SE1⁄4NE1⁄4 and

the NE1⁄4SE1⁄4 of said sec. 17 south 89°40′35′′

west, 1323.74 ft. to the westerly corner

common to the said SE1⁄4NE1⁄4 and

NE1⁄4SE1⁄4; Thence leaving said common

boundary and along the westerly boundary of

the said NE1⁄4SE1⁄4 south 0°29′00′′ west,

806.17 ft. to the TRUE POINT OF

BEGINNING of the parcel to be described;

Thence leaving said westerly boundary and

along the northerly boundary of the south

530 ft. of the said NW1⁄4SE1⁄4 and parallel

with the southerly boundary of the said

NW1⁄4SE1⁄4 south 89°49′41′′ west, 1321.81 ft.

to a point on the westerly boundary of the

said NW1⁄4SE1⁄4; Thence leaving said

northerly boundary and along said westerly

boundary south 0°20′56′′ west, 330.01 ft.;

Thence leaving said westerly boundary and

along the northerly boundary of the south

200 ft. of the said NW1⁄4SE1⁄4 and parallel

with the southerly boundary of the said

NW1⁄4SE1⁄4 north 89°49′41′′ east, 1321.03 ft.

to a point on the westerly boundary of the

said NE1⁄4SE1⁄4; Thence along the northerly

boundary of the south 200 ft. of the said

NE1⁄4SE1⁄4 and parallel with the southerly

boundary of the said NE1⁄4SE1⁄4 north

89°49′41′′ east, 330.02 ft. to a point on the

easterly boundary of the west 330 ft. of the

said NE1⁄4SE1⁄4; Thence along the said

easterly boundary and parallel with the

westerly boundary of the said NE1⁄4SE1⁄4

north 0°29′00′′ east, 330.02 ft. to a point on

the northerly boundary of the south 530 ft.

of the said NE1⁄4SE1⁄4; Thence along said

northerly boundary and parallel with the

southerly boundary of the said NE1⁄4SE1⁄4

south 89°49′41′′ west, 330.02 ft. to a point on

the boundary common to the said NW1⁄4SE1⁄4

and the NE1⁄4SE1⁄4, said point also being the

TRUE POINT OF BEGINNING. (20.02 acres)

Tract J: (Lopez Island; Watmough Bay)

T. 34 N., R. 1 W.,

Sec. 21, lot 2 and SW1⁄4NW1⁄4, TOGETHER

with tidelands of the second class

abutting thereon; EXCEPT the following

described portions thereof:

1. A portion of lot 2 described as follows:

Beginning at a point marked by an iron

pipe at the approximate high tide line, which

point is south 50.1 ft. and east 2197 ft. of an

iron pipe marking the northwest corner of the

SW1⁄4NW1⁄4 of said sec. 21; Thence from said

point of beginning south 66°46′ west, 146.1

ft. to an iron pipe at the edge of a marsh;