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
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Notices 63055

about the life history of the species,

including how forest structures affect

population dynamics.

Potential taking incidental to the

Applicant’s proposed land management

activities is largely associated with

forest management in the permit area.

There are, however, a variety of other

potential effects associated with

ownership and management which

could also result in an incidental taking

of the ABB. The following forest and

land management activities are included

for permit coverage: (1) Timber harvest,

logging decks and pushout roads for

access; (2) Site preparation activities; (3)

tree planting; (4) thinning and pruning

of trees; (5) pesticide use and prescribed

burning; (6) food plot creation and other

wildlife management activities; (7)

leasing, exploration, and mining of

minerals, oils, gas, and other natural

resources; (8) right of way, road

easements, and pipelines; (9) livestock

grazing and fencing; (10) pond

construction and maintenance; (11) road

construction and maintenance; (12) fire

lanes and helicopter pads; (13) hunting/

recreational use activities; and, (14)

miscellaneous activities which may

cause minor ground disturbances. To

address the effects of these activities on

the ABB, the Applicant proposes to

initiate a strategy which focuses on

addressing research and management

needs of the ABB on a landscape scale.

This includes a baseline survey of ABB

abundance and distribution, a research

and monitoring program, restrictions on

pesticide use, limiting ground

disturbance activities during certain

periods of the year, and an adaptive

management approach to forest

practices that incorporates new

information on the ABB’s needs and

requirements as elucidated by the

aforementioned research/monitoring

plan. The Applicant will provide

funding for the HCP over its 35-year life.

The EA considers the environmental

consequences of several alternatives;

issue the requested permit as

conditioned by the HCP, issue a permit

predicated on a different mitigation/

minimization strategy for the ABB, or

take no action (deny permit). The

Service finds the greatest conservation

benefits accompany the HCP and

proposed permit. The Service’s

proposed alternative is to issue the

requested incidental take permit, based

upon the submitted HCP. The principal

environmental consequence of permit

issuance, in the Service’s assessment, is

to sustain or enhance the status of the

ABB, via implementation and funding

the mitigation and minimization

measures as outlined above.

Dated: December 1, 1995.

Noreen K. Clough,

Regional Director.

[FR Doc. 95–29942 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 Mixed

Use and Residential Development in

Austin, Travis County, TX

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: P–WB Joint Venture

(Applicant) has applied to the Fish and

Wildlife Service for an incidental take

permit pursuant to Section 10(a) of the

Endangered Species Act. The Applicant

has been assigned permit number PRT–

808694. The requested permit, which is

for a period of 10 years, would authorize

the incidental take of the endangered

golden-cheeked warbler (Dendroica

chrysoparia), Tooth Cave ground beetle

(Rhadine persephone), and Bone Cave

harvestman (Texella reyesi). The

proposed take would occur as a result

of the construction and operation of 138

acres of mixed use and residential

development in Austin, Travis County,

Texas.

The Service has prepared the

Environmental Assessment/Habitat

Conservation Plan for the incidental

take applications. A determination of

jeopardy to the species or a Finding of

No Significant Impact 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 by

January 8, 1996.

ADDRESS: Persons wishing to review the

application or the 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,

Texas (see ADDRESS above). Please refer

to permit number PRT–808694 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 and cave invertebrates.

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: P–WB Joint Venture plans to

construct and operate 138 acres of

mixed use and residential development

on 333 acres in Austin, Travis County,

Texas. This action will eliminate the

habitat for 13 pairs of golden-cheeked

warblers. The applicant proposes to

compensate for this incidental take of

golden-cheeked warbler habitat by

preserving 135 acres of golden-cheeked

warbler habitat and the preservation and

maintenance of 52 acres with 5 caves

containing the Tooth Cave ground beetle

and the Bone Cave harvestman for the

conservation of the golden-cheeked

warbler and the cave invertebrates.

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. 95–29943 Filed 12–7–95; 8:45 am]

BILLING CODE 4510–55–M

Bureau of Land Management

[UT–912–06–0777–52]

Meeting of the Utah Resource Advisory

Council

AGENCY: Bureau of Land Management,

Utah.

SUMMARY: The Utah Resource Advisory

Council will meet on January 5–6, 1996

at the Howard Johnson Hotel, Salt Lake

Conference Room, 122 West South

Temple, Salt Lake City, Utah. Council

members will meet from 9 a.m. to 5 p.m.

on Friday, January 5. The entire first day

will be devoted to a training session on

rangeland ecology. The Council will

reconvene at 8 a.m. on Saturday,

January 6. A discussion of the planning

process to develop standards and

guidelines will be the primary topic the

second day. A public comment, period

where members of the public may

address the Council, is scheduled for

12:00 noon on the 6th. The meeting will

conclude at 1 p.m. All sessions of the