[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Notices]
[Page 44542-44543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-65]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Programmatic Statewide Red-Cockaded Woodpecker Safe
Harbor Agreement, Louisiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of permit application.
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SUMMARY: This notice advises the public that the Louisiana Department
of Wildlife and Fisheries (LDWF or Applicant) has applied to the Fish
and Wildlife Service (Service) for an enhancement of survival permit
pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973,
as amended (Act) (16 U.S.C. 1531 et seq.). The permit application
includes a proposed Safe Harbor Agreement (Agreement) for the
endangered red-cockaded woodpecker, (Picoides borealis) (RCW), for a
period of 99 years. If approved, the Agreement would allow the
Applicant to issue Certificates of Inclusion (CI) throughout the State
of Louisiana to eligible non-Federal landowners that complete an
approved Safe Harbor Management Agreement (SHMA).
We announce the opening of a 30-day comment period and request
comments from the public on the Applicant's permit application, the
accompanying proposed Agreement, and the supporting Environmental
Assessment. The Environmental Assessment identifies and describes
several alternatives. All comments received, including names and
addresses, will become part of the official administrative record and
may be made available to the public, subject to the requirements of the
Privacy Act and Freedom of Information Act. For further information and
instructions on reviewing and commenting on this application, see the
ADDRESSES section, below.
DATES: Written comments should be received on or before August 25,
2004.
ADDRESSES: You may obtain a copy of the information available by
contacting
[[Page 44543]]
the Service's Regional Safe Harbor Coordinator, U.S. Fish and Wildlife
Service, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345, or
Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services
Field Office, 646 Cajundome Boulevard, Suite 400, Lafayette, Louisiana
70506. Alternatively, you may set up an appointment to view these
documents at either location during normal business hours. Written data
or comments should be submitted to the Atlanta, Georgia, Regional
Office. Requests for the documentation must be in writing to be
processed, and comments must be in writing to be considered.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Gooch, Regional Safe
Harbor Program Coordinator at the Service's Southeast Regional Office
(see ADDRESSES above), telephone (404) 679-7124; or Mr. Troy Mallach,
Fish and Wildlife Biologist, Lafayette Ecological Services Field Office
(see ADDRESSES above), telephone (337) 291-3123.
SUPPLEMENTARY INFORMATION: Under a Safe Harbor Agreement, participating
property owners voluntarily undertake management activities on their
property to enhance, restore, or maintain habitat benefitting species
listed under the Act. Safe Harbor Agreements encourage private and
other non-Federal property owners to implement conservation efforts for
listed species by assuring property owners they will not be subjected
to increased property use restrictions if their efforts attract listed
species to their property or increase the numbers or distribution of
listed species already on their property. Application requirements and
issuance criteria for enhancement of survival permits through Safe
Harbor Agreements are found in 50 CFR 17.22 and 17.32.
The LDWF's proposed state-wide Agreement is designed to encourage
voluntary RCW habitat restoration or enhancement activities by
relieving a landowner who enters into a landowner-specific agreement
(the SHMA) from any additional responsibility under the Act beyond that
which exists at the time he or she enters into the program. The SHMA
will identify any existing RCWs and any associated habitat (the
baseline) and will describe the actions that the landowner commits to
take (e.g., hardwood midstory removal, cavity provisioning, etc.) or
allows to be taken to improve RCW habitat on the property, and the time
period within which those actions are to be taken and maintained. A
participating landowner must maintain the baseline on his/her property
(i.e., any existing RCW groups and/or associated habitat), but may be
allowed the opportunity to incidentally take RCWs at some point in the
future if above baseline RCWs are attracted to that site by the
proactive management measures undertaken by the landowner. It is
important to note that the Agreement does not envision, nor will it
authorize, incidental taking of any existing RCW group with one
exception. This exception is incidental taking related to a baseline
shift; in this circumstance the baseline will be maintained but redrawn
or shifted on that landowner's property. Among the minimization
measures proposed by the Applicant are no incidental take of RCWs
during the breeding season, consolidation of small, isolated RCW
populations at sites capable of supporting a viable RCW population, and
measures to improve current and potential habitat for the species.
Further details on the topics described above are found in the
aforementioned documents available for review under this notice.
The geographic scope of the Applicant's Agreement is the entire
State of Louisiana, but the Agreement would only authorize the future
incidental take of above-baseline RCW groups on lands for which a
respective CI has been signed. Lands potentially eligible for inclusion
include all privately owned lands, state lands, and public lands owned
by cities, counties, and municipalities, with potentially suitable RCW
habitat in Louisiana.
We have evaluated several alternatives to the proposed action and
these are described at length in the accompanying Environmental
Assessment. The alternative of our paying landowners for desired
management practices is not being pursued because we are presently
unable to fund such a program. An alternative by which interested
private or nonFederal property owners would prepare an individual
permit application/Agreement with us also was evaluated. Under that
alternative, we would process each permit application/Agreement
individually. This would increase the effort, cost, and amount of time
it would take to provide safe harbor assurances to participating
landowners and then such benefits would be applied on a piece-meal,
individual basis. We have determined the previously identified
alternatives, which would result in delays and lack of a coordinated
effort, would likely result in a continued decline of the RCWs on
private lands due to habitat fragmentation, lack of beneficial habitat
management, and the effects of demographic isolation. A no action
alternative was also explored, but this alternative is not likely to
increase the number of RCW groups or RCW habitat, nor would it
alleviate landowner conflicts. Instead, the action proposed here,
although it authorizes future incidental take, is expected to attract
sufficient interest among Louisiana landowners to generate substantial
net conservation benefits to the RCW on a landscape level. The
Applicant's Agreement was developed in an adaptive management framework
to allow changes in the program based on new scientific information
including, but not limited to, biological needs and management actions
proven to benefit the species or its habitat.
We provide this notice pursuant to section 10(c) of the Endangered
Species Act and pursuant to implementing regulations for the National
Environmental Policy Act (40 CFR 1506.6). We will evaluate the proposed
Agreement, associated documents, and comments submitted thereon to
determine whether the requirements of section 10(a) of the Endangered
Species Act and National Environmental Policy Act regulations have been
met. If we determine that the requirements are met, we will issue an
enhancement of survival permit under section 10(a)(1)(A) of the Act to
the Applicant in accordance with the terms of the Agreement and
specific terms and conditions of the authorizing permit. We will not
make our final decision until after the end of the 30-day comment
period and will fully consider all comments received during the comment
period.
Dated: June 22, 2004.
Sam D. Hamilton,
Regional Director.
[FR Doc. 04-16912 Filed 7-23-04; 8:45 am]
BILLING CODE 4310-55-P