[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51088-51089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17063]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of a Proposed Amendment to Environmental 
Defense, Inc.'s Safe Harbor Agreement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and 30-day public comment period.

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SUMMARY: Environmental Defense, Inc. (ED) has submitted to the U.S. 
Fish and Wildlife Service (Service) a request to amend their Safe 
Harbor Agreement (SHA) and associated Endangered Species Act (Act) 
Section 10(a)(1)(A) Safe Harbor Enhancement of Survival permit (Permit) 
for habitat restoration activities on private lands for the endangered 
Black-capped vireo (Vireo atricapilla) (BCVI) and Golden-cheeked 
warbler (Dendroica chrysoparia) (GCWA) in the Hill Country of Texas to 
include twelve additional counties, along with amending language in 
Attachment 2 of their SHA. The amendment would allow the Safe Harbor 
program to expand onto additional private lands in Texas, thus 
furthering the conservation of BCVIs and GCWAs.

DATES: To ensure consideration, written comments must be received on or 
before September 28, 2005.

ADDRESSES: Persons wishing to review the application may obtain copies 
by calling or faxing a request to the Service at the U.S. Fish and 
Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758, (512/490-0057 voice, 512/490-0974 fax). The amendment 
request will also be available for public inspection, by appointment, 
during normal business hours (8 a.m. to 4:30 p.m.) at the Fish and 
Wildlife Service Austin Office. During the 30-day public comment 
period, written comments or data should be submitted to the Field 
Supervisor at the above address. Please refer to the amendment to ED's 
SHA in the Texas Hill Country (TE-024875-1). All comments received, 
including names and addresses, will become a part of the official 
administrative record and may be made available to the public.

FOR FURTHER INFORMATION CONTACT: Christina Williams at the Fish and 
Wildlife Service Austin Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758, (512/490-0057 voice, 512/490-0974 fax).

SUPPLEMENTARY INFORMATION: In addition to the 25 counties covered under 
their current permit, habitat enhancement activities could now occur in 
any or all of the following additional counties: Bexar, Callahan, Coke, 
Concho, Hamilton, Hood, Kinney, McLennan, Palo Pinto, Runnels, Taylor, 
and Tom Green. Habitat enhancement activities could include, but are 
not limited to, prescribed burning, selective Ashe juniper thinning, 
rotational grazing, cowbird trapping, and hardwood regeneration.

[[Page 51089]]

    Currently, ED is prevented by the terms and conditions of their 
original SHA from enrolling non-habitat within 300 feet of GCWA 
habitat, which would create and maintain a strip of non-habitat between 
two patches of habitat. Therefore, ED is requesting that language in 
Attachment 2 of the SHA be amended to allow for the creation of habitat 
for BCVIs or GCWAs within 300 feet of GCWA habitat, so long as no 
alteration of existing habitat occurs.
    BCVI and GCWA were listed as endangered in November 1987 and May 
1990, respectively. The BCVI and GCWA are migratory songbirds that 
occupy breeding habitat in Texas from about March 1-August 31. The BCVI 
requires an early successional stage, patchy island habitat of wooded 
areas with shrubs up to about 6 feet tall surrounded by grasslands. 
GCWA habitat is mixed closed canopy woodland of mature Ashe juniper and 
oaks.
    Approximately 98 percent of the land in Texas is privately owned, 
with a substantial majority of existing and restorable BCVI and GCWA 
habitat falling into this category. Therefore, the participation of 
private landowners in the recovery of these two species is highly 
important.
    Landowners having currently unoccupied or unsuitable, but 
restorable habitat and thus a zero baseline condition for the Safe 
Harbor, would be eligible for Certificates of Inclusion. Exceptions to 
the zero baseline may also be included for certificates under very 
limited circumstances with concurrence from the Service. Upon 
completion and maintenance of the habitat improvements for at least 
four breeding seasons, the landowners would be permitted to conduct any 
otherwise lawful activity on their property, including activities that 
result in the partial or total elimination of the restored habitat and 
the incidental taking of either of these species as a result of such 
habitat elimination (return to baseline).
    The authority for this action is the Endangered Species Act of 
1973, as amended, through its permitting provisions (50 CFR part 17). 
The amendment request is available for public review, and subject to 
the requirements of the Privacy Act and Freedom of Information Act, by 
any party who submits a written request for a copy of such document 
within the comment period to the address specified below (43 CFR part 
2).

Joy E. Nicholopoulos,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 05-17063 Filed 8-26-05; 8:45 am]
BILLING CODE 4510-55-P