Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Notices 63053

South, Suite 310, Jacksonville, Florida

32216–0912, (telephone 904/232–

2580, fax 904/232–2404).

FOR FURTHER INFORMATION CONTACT:

Dawn Zattau at the Jacksonville,

Florida, Field Office, or Rick G. Gooch

at the Atlanta, Georgia, Regional Office.

SUPPLEMENTARY INFORMATION: The redcockaded woodpecker (RCW) is a

territorial, non-migratory cooperative

breeding bird species. RCWs live in

social units called groups which

generally consist of a breeding pair, the

current year’s offspring, and one or

more helpers (normally adult male

offspring of the breeding pair from

previous years). Groups maintain yearround territories near their roost and

nest trees. The RCW is unique among

North American woodpeckers in that it

is the only woodpecker that excavates

its roost and nest cavities in living pine

trees. Each group member has its own

cavity, although there may be multiple

cavities in a single pine tree. The

aggregate of cavity trees used by a

breeding group is called a cluster. RCWs

forage almost exclusively on pine trees

and they generally prefer pines greater

than 10 inches diameter at breast height.

Foraging habitat is contiguous with the

cluster. The number of acres required to

supply adequate foraging habitat

depends on the quantity and quality of

the pine stems available.

The RCW is endemic to the pine

forests of the Southeastern United States

and was once widely distributed across

16 States. The species evolved in a

mature, fire-maintained, ecosystem. The

RCW has declined primarily due to the

conversion of mature pine forests to

young pine plantations, agricultural

fields, residential and commercial

developments, and to hardwood

encroachment in existing pine forests

due to fire suppression. The species is

still widely distributed (presently

occurs in 13 southeastern States), but

remaining populations are highly

fragmented and isolated. Presently, the

largest populations occur on federally

owned lands such as military

installations and national forests.

Continued development of the two

tracts may result in death of, or harm to,

any remaining RCWs through the loss of

nesting and foraging habitat. The

Service’s EA outlines two alternatives in

response to this application. The first

alternative is a no-action alternative,

which would result in the Service’s

denial of the request for incidental take.

The second alternative is to accept the

application as sufficient and issue an

incidental take permit. Under

Alternative 2, the applicants’ HCP

proposes to offset the anticipated level

of incidental take, by implementing the

following mitigation/minimization

measures, including providing adequate

funding to ensure their success:

1. For Pineda Crossing, temporary

restrictions on construction activities at the

project site will continue during the

proposed period of 3 to 5 years of

reproductive monitoring and translocations.

This will provide temporary foraging,

nesting, and roosting habitat. Construction

within RCW habitat will not occur until

translocations success is noted at the

mitigation site or for 3 years, whichever

comes first. If young birds are not available

for 3 years, the HCP period will be extended

to 5 years.

2. Three new cluster sites will be created

at the Hal Scott Preserve in Orange County.

Each cluster site will con-sist of three

completed cavities and two start holes. New

cavities will be caged and inspected for 6

months for sap leakage. Any trees leaking sap

will not be opened for use by RCW.

3. Annual monitoring of nesting and

roosting activity will be conducted at the

project sites. During nesting season, weekly

visits to occupied cavity trees will be

conducted.

4. At Windover Farms, the single male

RCW will be relocated to the newly created

clusters at Hal Scott Preserve, along with a

young female from Pineda Crossing (if

available), or from the Big Econlockhatchee

population, of which the RCWs occupying

Hal Scott are a part.

5. The young birds from Pineda Crossing

will be translocated to the newly created

clusters at Hal Scott Preserve. Weekly visits

will be conducted to the mitigation site once

a week for 1 month after translocation to

inspect the cavity and the surrounding area

for the presence of these birds. Checks of the

cluster sites will also be made four times

during the following nesting season to

monitor reproductive status and success.

6. Young birds from the surrounding

population in the Big Econ River area will be

used, if necessary, to augment these created

cluster sites during years of no reproduction

on the Pineda Crossing site.

7. At the mitigation site, inspections will

be conducted in the fall and winter to locate

the roost sites.

Dated: December 1, 1995.

Noreen K. Clough,

Regional Director.

[FR Doc. 95–29941 Filed 12–7–95; 8:45 am]

BILLING CODE 4310–55–P

Availability of an Environmental

Assessment/Habitat Conservation Plan

and Receipt of Application for

Incidental Take Permit for

Construction and Operation of a

Residential and Commercial

Development in Wimberely, Hays

County, Texas

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: Douglas J. Barclay (Applicant)

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–808691. The requested

permit, which is for a period of 30 years,

would authorize the incidental take of

the endangered golden-cheeked warbler

(Dendroica chrysoparia). The proposed

take would occur as a result of the

construction and operation of 164 acres

of residential and commercial

development in Wimberely, Hays

County, Texas.

The Service has prepared the

Environmental Assessment/Habitat

Conservation Plan (EA/HCP) for the

incidental take applications. A

determination of jeopardy to the species

or a Finding of No Significant Impact

(FONSI) will not be made before 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 January 8, 1996.

ADDRESSES: Persons wishing to review

the application and EA/HCP may obtain

a copy by contacting Joseph E. Johnston

or Sybil Vosler, Ecological Services

Field Office, 10711 Burnet Road, suite

200, Austin, Texas 78758 (512/490–

0063). Documents will be available for

public inspection during normal

business hours (9 to 4:30) U.S. Fish and

Wildlife Service, Austin, Texas. Written

data or comments concerning the

application(s) and EA/HCPs should be

submitted to the Acting Field

Supervisor, Ecological Field Office,

Austin, Texas (see ADDRESS above).

Please refer to permit number PRT–

808691 when submitting comments.

FOR FURTHER INFORMATION CONTACT:

Joseph E. Johnston or Sybil Vosler at the

above Austin Ecological Service Field

Office.

SUPPLEMENTARY INFORMATION: Section 9

of the Act prohibits the ‘‘taking’’ of

endangered species such as the goldencheeked warbler. 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: Douglas J. Barclay plans to

construct and operate residential and

commercial development on 164 acres

in Wimberely, Hays County, Texas. This

action will eliminate the habitat for one

to two pairs of golden-cheeked warblers.
63054 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Notices

The applicant proposes to compensate

for this incidental take of goldencheeked warbler habitat by purchasing

20 acres of mitigation credit from the

Nature Conservancy of Texas,Inc. to

acquire/manage lands for the

conservation of the golden-cheeked

warbler.

Alternatives to this action were

rejected because selling or not

developing the subject property with

federally listed species present was not

economically feasible.

Nancy M. Kaufman,

Regional Director, Region 2, Albuquerque,

New Mexico.

[FR Doc. 95–29944 Filed 12–7–95; 8:45 am]

BILLING CODE 4510–55–M

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit for the American Burying Beetle

by Weyerhaeuser Company for Timber

Harvesting and Management in Little

River County, AR, and McCurtain

County, OK

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: Weyerhaeuser Company

(Applicant) is seeking an incidental take

permit from the Fish and Wildlife

Service (Service), pursuant to Section

10(a)(1)(B) of the Endangered Species

Act (Act), as amended. The permit

would authorize the take of the

American Burying Beetle (Nicrophorus

americanus), an endangered species, in

Little River County, Arkansas, and

McCurtain County, Oklahoma, for a

period of 35 years. The proposed

incidental take would result from

normal forestry and other operational

and management practices performed

on the Applicant’s lands.

The Service also announces the

availability of a habitat conservation

plan (HCP) and environmental

assessment (EA). The Applicant’s HCP

describes conservation measures that

will be taken to minimize and mitigate

coincidentally with incidental take of

the American burying beetle (ABB) by

undertaking a research program into the

long-term conservation needs of the

affected species and by limiting certain

ground-disturbing activities. Reporting

and amendment procedures are

included to ensure that the Applicant’s

management activities may continue to

consider the latest scientific information

pertaining to distribution and habitat

requirements of the ABB and to address

unforeseen circumstances. The EA

prepared by the Service describes the

environmental consequences of issuing

or denying the incidental take permit.

As stated in the EA, the Service

proposes to issue the requested permit.

This proposal is based on a preliminary

determination that the Applicant has

satisfied the requirements for permit

issuance and that the HCP provides

conservation benefits to the ABB that

exceed the impact of the expected level

of incidental take. Copies of the EA and

HCP may be obtained by making a

written request to the Regional Office

[See ADDRESSES below]. 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 permit

application, EA, and HCP should be

received on or before January 8, 1996.

ADDRESSES: Persons wishing to review

the application, HCP, and EA may

obtain a copy by writing the Service’s

Southeast Regional Office, Atlanta,

Georgia. Requests for the documents

must be in writing to be processed.

Documents will also be available for

public inspection by appointment

during normal business hours at the

Regional Office, or the Jackson,

Mississippi, Field Office. Written data

or comments concerning the

application, EA, or HCP should be

submitted to the Regional Office. Please

reference permit under PRT–809072 in

such comments:

Regional Permit Coordinator, U.S. Fish

and Wildlife Service, 1875 Century

Boulevard, Suite 200, Atlanta, Georgia

(404–679–7110, fax 404–679–7081)

Field Supervisor, U.S. Fish and Wildlife

Service, 6578 Dogwood View

Parkway, Suite A, Jackson,

Mississippi 39213 (601–965–4900, fax

601–965–4340)

FOR FURTHER INFORMATION CONTACT: Will

McDearman, Jackson, Mississippi Field

Office or Rick Gooch at the Atlanta,

Georgia Regional Office.

SUPPLEMENTARY INFORMATION: Section 9

of the Act, and implementing

regulations, prohibits the take of RCWs.

Take, in part, is defined as an activity

that kills, injures, harms, or harasses a

listed endangered or threatened species.

Section 10(a)(1)(B) of the Act provides

an exemption, under certain

circumstances, to the Section 9

prohibition if the taking is incidental to,

and not the purpose of an otherwise

lawful activity.

This application for incidental taking

is associated with a three-way land

exchange proposed in Arkansas and

Oklahoma. It involves the Applicant,

the Service, and the Forest Service. The

proposed exchange was formulated in

consultation with State and local

interests. The Applicant’s openness to

the proposal is based on its interest in

consolidating ownership and obtaining

land and timber more strategically

located to its sawmills. Additionally,

some of its existing lands with their

associated non-timber values are better

suited for public ownership and

management. The Applicant and the

two Federal agencies believe the

proposed exchange satisfies the desire

to place these lands in public ownership

and better aligns the highest and best

land uses with landowner interest and

objectives.

The land exchange is approximately a

4 to 1 ratio, with the Applicant

contributing the larger share. The

Applicant will transfer approximately

150,000 acres to the Federal

government. About 100,000 acres of this

lies in southeast Oklahoma around

Broken Bow Lake and near the

McCurtain County Wilderness Area, a

site operated by the Oklahoma

Department of Wildlife Conservation.

Other acreage consists of sites totalling

approximately 25,000 acres near areas of

strong public interest including Lake

Ouachita, Little Missouri Wild and

Scenic River, Glover River, Lower

Mountain Fork River, Flatside

Wilderness Area and other parts of the

Ouachita National Forest. The

Applicant will also transfer some 25,000

acres of nationally significant wetland

habitat to the Service to be incorporated

into the existing Cossatot National

Wildlife Refuge to be managed for

public benefits associated with wetland

flora and fauna.

The Applicant will acquire

approximately 40,000 acres from the

Federal government, including 27,000

acres of the Tiak Ranger District of the

Ouachita National Forest in McCurtain

County, Oklahoma. The remaining

acreage is in smaller, scattered tracts in

Garland, Yell and Perry Counties,

Arkansas. As a result of the land

exchange described above, the

Applicant will obtain ownership of land

with known populations of ABB. The

ABB is known to occur on or near the

Tiak Ranger District, a substantial

portion of which is to be received by the

Applicant in the land exchange. This

species is a carrion beetle, family

Silphidae, and is also called the giant

carrion beetle. It is the largest member

of a guild of beetles that breed and rear

their young on vertebrate carcasses. Like

other burying beetles, the ABB is a

highly social species that provides

biparental care to its young. Once

widely distributed throughout Eastern

North America, this species is believed

to have disappeared from most of its

historic range. Very little is known