26202 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

concerning the application, EA, or HCP

should be submitted to the Regional

Office. Please reference permit number

PRT–814979 in such comments:

Regional Permit Coordinator, U.S. Fish

and Wildlife Service, 1875 Century

Boulevard, Suite 200, Atlanta, Georgia

(fax 404–679–7081).

Field Supervisor, U.S. Fish and Wildlife

Service, 6578 Dogwood View

Parkway, Suite A, Jackson,

Mississippi 39213. (fax 601–965–

4340).

FOR FURTHER INFORMATION CONTACT:

Theresa Jacobson, Mississippi Field

Office (601–965–4900) or Rick Gooch at

the Atlanta, Georgia Regional Office

(404–679–7110).

SUPPLEMENTARY INFORMATION:

Background

The gopher tortoise is listed as a

threatened species in the western part of

its range, from the Tombigbee and

Mobile Rivers in Alabama west to

southeastern Louisiana. As a native

burrowing species of the fire maintained

longleaf pine ecosystem, typical gopher

tortoise habitat consists of frequently

burned longleaf pine or longleaf pine/

scrub oak uplands on moderately well

drained to xeric soils. About 80 percent

of the original habitat for gopher

tortoises has been lost due to

urbanization and agriculture. Forest

management practices involving dense

pine stands and infrequent prescribed

fire have reduced or eliminated the

open forest and sunny forest floor with

grasses and forbs that tortoises need for

burrowing, nesting, and feeding.

Though gopher tortoises are widely

distributed in south Mississippi, most

populations are fragmented, small in

size, and functionally non-viable.

Section 9 of the Act, and

implementing regulations, prohibits the

take of threatened and endangered

species. Take, in part, is defined as an

activity that kills, injures, harms, or

harasses a listed threatened or

endangered 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 otherwise lawful

activities.

Fourteen tortoise burrows were

located and four tortoises are known to

inhabit the 89-acre proposed mining

site. A tortoise population of up to five

tortoises are estimated to reside on the

property. The operation of heavy mining

equipment can directly kill or injure

tortoises by running over them above

ground, or by crushing or entombing

them in their burrows, or by excavation.

The EA considers the environmental

consequences of four alternatives. One

alternative, the proposed action, is the

issuance of the incidental take permit

based upon submittal of the HCP as

proposed. The HCP describes measures

the Applicant will take to avoid and

mitigate such taking. The Applicant

plans to relocate all tortoises in the

mining area to an 8-acre habitat

conservation area. Suitable habitat for

gopher tortoises consists of less than 60

percent canopy cover, a sparse

understory, and tortoise browse of

grasses and forbs. As part of the HCP,

the Applicant will maintain and

improve the habitat conservation area

by thinning and by the use prescribed

fire. Without such management,

particularly the use of prescribed fire,

gopher tortoise habitat would

deteriorate via natural succession. The

HCP provides for funding all of the

mitigation and minimization efforts for

the proposed action. Another alternative

is no-action, or deny the request for

authorization to incidentally take the

gopher tortoises. The third alternative is

similar to the proposed alternative

except the tortoises would be relocated

to a smaller, 3-acre conservation habitat

area. The last alternative involves

relocating all tortoises off the mining

site and onto private property owned by

the Applicant elsewhere. All surface

mining operations and reclamation

procedures are regulated and permitted

by the Bureau of Geology, Mississippi

Department of Environmental Quality.

As stated above, the Service has made

a preliminary determination that the

proposed action, e.g., issuance of the

incidental take permit, is not a major

Federal action significantly affecting the

quality of the human environment

within the meaning of Section 102 (2)(C)

of the National Environmental Policy

Act of 1969, as amended. This

preliminary information may be

adjusted due to public comment

received in response to this notice and

is based on information contained in the

EA and HCP. An appropriate excerpt

from the FONSI reflecting the Service’s

finding on the application is provided

below:

Based on the analysis conducted by

the Service, it has been determined that:

1. Issuance of the incidental take

permit will not appreciably reduce the

likelihood of survival and recovery of

the affected species in the wild or result

in the adverse modification of

designated critical habitat. This decision

is based upon and considers the

cumulative impacts of past, present and

future issuance of incidental take

permits within the historic and current

range of each species affected in the

permit action.

2. Issuance of an incidental take

permit would not have significant

effects on the human environment in

the project area.

3. The proposed take is incidental to

an otherwise lawful activity.

4. The Applicant has ensured that

adequate funding will be provided to

implement the measures proposed in

the submitted HCP.

5. Other than impacts to endangered

and threatened species as outlined in

the documentation of this decision, the

indirect impacts which may result from

issuance of the incidental take permit

are addressed by other regulations and

statutes under the jurisdiction of other

government entities. The validity of the

Service’s incidental take permit is

contingent upon the Applicant’s

compliance with the terms of the permit

and all other laws and regulations under

the control of State, local, and other

Federal governmental entities.

Dated: May 17, 1996.

Noreen K. Clough,

Regional Director, Region 4.

[FR Doc. 96–13121 Filed 5–23–96; 8:45 am]

BILLING CODE 4310–55–P

Bureau of Land Management

[WY–985–06–0777–72]

Resource Advisory Council Meeting,

Wyoming

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice of Meeting of the

Wyoming Resource Advisory Council.

SUMMARY: This notice sets forth the

schedule and agenda for a meeting of

the Wyoming Resource Advisory

Council (RAC).

DATES: June 24, 1996, from 1:00 p.m.

until 5 p.m. and June 25, 1996, from

8:30 a.m. until 12 p.m.

ADDRESSES: Pronghorn Lodge, Monarch

Room, 150 East Main, Lander, WY

82520.

FOR FURTHER INFORMATION CONTACT:

Terri Trevino, RAC Coordinator,

Wyoming Bureau of Land Management,

P.O. Box 1828, Cheyenne, WY 82003,

(307) 775–6020.

SUPPLEMENTARY INFORMATION: The

agenda for the meeting will include:

1. Status of Green River Basin Advisory

Committee

2. Finalize draft goals and guidelines on

rangelands

3. Public Comment

This meeting is open to the public.

Interested persons may make oral
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices 26203

statements to the Council or file written

statements for the council’s

consideration. Anyone wishing to make

an oral statement should notify the RAC

Coordinator, at the above address by

June 17, 1996.

Depending on the number of persons

wishing to make oral statements, a time

limit, per person, may be established by

the Chair of the Resource Advisory

Council.

Jerry Jessen,

Acting State Director.

[FR Doc. 96–11994 Filed 5–23–96; 8:45 am]

BILLING CODE 4310–22–M

[OR–084–6310–04–FLOD: GP6–0164]

Emergency Use Restriction on Public

Access Road; Linn County, OR

AGENCY: Bureau of Land Management,

Interior.

ACTION: Emergency use restriction on

public access road in Linn County,

Oregon.

SUMMARY: Notice is hereby given that all

forms of public travel, except travel by

foot, on Quartzville Access Road east of

Trout Creek in Linn County, Oregon, are

temporarily restricted from May 20,

1996, through September 30, 1996. This

emergency use restriction is made under

the authority of 43 CFR 8364.1.

The public road affected by this

emergency use restriction is specifically

identified as follows: Quartzville Access

Road with a beginning point in Section

9, T. 12 S., R. 3 E., Willamette Meridian

(Trout Creek crossing) and an ending

point in Section 29, T. 11 S., R. 4 E.,

Willamette Meridian (Canal Creek

crossing). The portion of Quartzville

Access Road where public use is

temporarily restricted under this

emergency restriction order will be

posted with signs at both the Trout

Creek and Canal Creek crossings.

The purpose of this emergency use

restriction is to provide for visitor safety

while major repairs are made to flooddamaged roads and structures.

EXEMPTIONS: The following persons,

operating within the scope of their

official duties, are exempt from the

provisions of this use restriction order:

Bureau of Land Management (BLM) and

Forest Service employees; federal, state

and local law enforcement and fire

protection personnel; the holders of

BLM road use permits that include

roads accessed by Quartzville Access

Road east of Trout Creek; and

purchasers of BLM timber accessed by

Quartzville Access Road east of Trout

Creek, and their employees and

subcontractors. Other persons may be

allowed to travel Quartzville Access

Road east of Trout Creek, by means

other than foot, but such use must be

approved in advance in writing by the

Authorized Officer.

PENALTIES: Any person who fails to

comply with the provisions of this

closure order may be subject to the

penalties provided in 43 CFR 8360.0–7,

which include a fine not to exceed

$1,000.00 and/or imprisonment not to

exceed 12 months, as well as the

penalties provided under Oregon State

law.

EFFECTIVE DATE: This use restriction

order is effective from May 20, 1996

through September 30, 1996.

ADDRESSES: Copies of the use restriction

order and maps showing the location of

that portion of Quartzville Access Road

where use is restricted are available

from the Salem District Office, 1717

Fabry Road S.E., Salem, OR 97306.

FOR FURTHER INFORMATION CONTACT:

Richard C. Prather, Area Manager,

Cascades Resource Area, Salem District

Office, at (503) 375–5646.

Dated: May 14, 1996.

Scott S. Abdon,

Area Manager (Acting), Cascades Resource

Area.

[FR Doc. 96–13136 Filed 5–23–96; 8:45 am]

BILLING CODE 4310–33–P

[NM–030–06–1610–00]

Otero County Areas of Environmental

Concern (ACECs) for the Caballo

Resource Area, New Mexico

AGENCY: Bureau of Land Management

(BLM), Interior.

ACTION: Notice of Availability and 60-

day comment period.

SUMMARY: The BLM, Las Cruces District,

Caballo Resource Area announces the

availability of a draft Resource

Management Plan (RMP) Amendment/

preliminary Finding of No Significant

Impact and supporting Environmental

Assessment (EA). The document

discusses the designation of five new

ACECs and revision of one existing

ACEC in Otero County, south-central

New Mexico. Approximately 19,520

acres are identified for designation. In

addition to designation, the plan

amendment, when approved, will guide

BLM programs and management

practices within the ACECs.

DATES: Written comments relating to the

designation of ACECs, management

activities within the ACECs, and the EA

will be taken for the next 60 days.

Comments must be postmarked on or

before July 23, 1996.

ADDRESSES: Comments should be sent to

Area Manager, BLM Caballo Resource

Area, 1800 Marquess, Las Cruces, New

Mexico 88005.

FOR FURTHER INFORMATION CONTACT:

Timothy M. Murphy, Area Manager,

BLM, Caballo Resource Area at (505)

525–4372, or Mike Howard, Team

Leader, Caballo Resource Area at (505)

525–4348, email mhoward

@nm0151wp.nmso.nm.blm.gov.

SUPPLEMENTARY INFORMATION: ACECs are

land designations unique to the BLM.

The purpose of ACECs is to recognize,

protect, and manage unique or sensitive

resources or potential hazards to the

public. Each area receives management

or protection based on its unique needs,

in consultation and coordination with

the public. The Caballo Resource Area

has completed an inventory of areas

containing unique or sensitive

biological resources suitable for

designation as ACECs. In addition, the

Resource Area has received nominations

both internally and from the public to

consider several areas as ACECs based

on visual, cultural, and biological

values.

The draft document discusses three

alternatives. Alternative A is the No

Action Alternative. Alternative B is

BLM’s proposal to designate and

manage the five proposed ACECs, and

redesignate one existing ACEC. These

management proposals represent the

highest levels of resource protection and

continued public use. Alternative B is

BLM’s preferred alternative. Alternative

C contains a lower level of protection

designed to address less restrictive

management measures for protection of

the resources of concern in each

proposed ACEC. Some specific

proposals in Alternative C may be more

restrictive. The following is a summary

of the management actions in

Alternative B, the BLM preferred

alternative, for each proposed ACEC.

The Three Rivers Petroglyph Site

ACEC is located 30 miles north of

Alamogordo, New Mexico. The area was

nominated to protect and manage

cultural resources. The total area to be

considered is approximately 1,036

acres. Management actions proposed in

the Preferred Alternative include:

acquisition of State trust land through a

cooperative land exchange, acquisition

of private subsurface mineral estate

from a willing seller, issuance of realty

actions subject to protective

stipulations, closure to mineral entry,

improvement and protection of riparian

areas, improvement of recreation

facilities, limiting offroad vehicle use to

existing roads and trails, closing of

county road B031, except for