[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Notices]
[Pages 59263-59264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22261]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Southern Conservation Corporation's Candidate Conservation 
Agreement With Assurances and Enhancement of Survival Permit 
Application for the Greater Adams Cave Beetle and Lesser Adams Cave 
Beetle

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the Fish and Wildlife Service, have received an 
application from Southern Conservation Corporation (Applicant) for an 
enhancement of survival permit (ESP) pursuant to section 10(a)(1)(A) of 
the Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended 
(Act). With our assistance, the Applicant proposes to implement 
conservation measures for the greater Adams Cave beetle 
(Pseudanophthalmus pholeter) and lesser Adams Cave beetle 
(Pseudanophthalmus cataryctos), collectively known as the ``the covered 
species,'' by removing the threats to the survival of these species and 
protecting their habitat. We are announcing our receipt of the ESP 
application as well as the availability of a proposed Candidate 
Conservation Agreement with Assurances (CCAA) that is intended to 
facilitate the implementation of conservation measures for the species 
by the Applicant and the Service in support of on-going efforts to 
remove threats to their survival and provide protection of their 
habitat.

DATES: Written comments on the CCAA and ESP application should be sent 
to the Service's Regional Office (see ADDRESSES) and should be received 
on or before November 3, 2004.

ADDRESSES: Persons wishing to review the CCAA and ESP application may 
obtain copies by writing the Service's Southeast Regional Office, 
Atlanta, Georgia at the address below. Documents will also be available 
for public inspection by appointment during normal business hours at 
the Regional Office, 1875 Century Boulevard, Suite 200, Atlanta, 
Georgia 30345 (Attn: Endangered Species Permits), or Field Supervisor, 
Fish and Wildlife Service, 3761 Georgetown Road, Frankfort, Kentucky 
40601. Written data or comments concerning the CCAA or ESP application 
should be submitted to the Regional Office at the address listed above 
and must be submitted in writing to be adequately considered in the 
Service's decision-making process. Please reference permit number TE-
088168-0 in your comments, or in requests of the documents discussed 
herein.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Gooch, Regional CCAA 
Coordinator, (see ADDRESSES above), telephone: (404) 679-7124, 
facsimile: (404) 679-7081; or Dr. Michael Floyd, Fish and Wildlife 
Biologist, Kentucky Field Office, Frankfort, Kentucky (see ADDRESSES 
above), telephone: (502) 695-0468.

SUPPLEMENTARY INFORMATION:

Public Review and Comments Solicited

    Individuals wishing copies of the ESP application and/or copies of 
the full text of the proposed Agreement should contact the office and 
personnel listed in the ADDRESSES section above. Documents also will be 
available for public inspection, by appointment, during normal business 
hours at this office (see ADDRESSES). We provide this notice pursuant 
to section 10(c) of the Act and pursuant to implementing regulations 
for the National

[[Page 59264]]

Environmental Policy Act (NEPA) found at (40 CFR 1506.6). All comments 
received on the permit application and proposed Agreement, including 
names and addresses, will become part of the administrative record and 
may be released to the public. If you wish us to withhold your name 
and/or address, you must state this prominently at the beginning of 
your comment. All submissions from organizations or companies, or from 
individuals representing organizations or companies, are available for 
public inspection in their entirety.

Background

    The greater Adams Cave beetle (Pseudanophthalmus pholeter) and 
lesser Adams Cave beetle (Pseudanophthalmus cataryctos) are small, 
blind, predatory ground beetles (Family Carabidae) that are endemic to 
Adams Cave in Madison County, Kentucky. They were first collected in 
Adams Cave in 1964 and were later described by C. Krekler in 1973. The 
area surrounding Adams Cave is largely rural but is developing rapidly 
due to its close proximity to the city of Lexington, Kentucky. The cave 
is located on an approximate 1-acre parcel (Lot 3) within Adams Place 
subdivision, approximately 6 miles southwest of the city of Richmond, 
Kentucky. Construction is occurring on many of the building lots in the 
subdivision. Adams Cave is a large cave for the Bluegrass Region of 
Kentucky, with its passageways varying in height from approximately 5 
to 60 feet and extending over 1,500 feet in length. The terrestrial 
habitat surrounding Adams Cave is dominated by abandoned pasture 
containing scattered groups of trees, including black walnut (Juglans 
nigra) and Kentucky coffee tree (Gymnocladus dioieus), and small clumps 
of cane (Arundinaria sp.).
    Historically, Adams Cave has experienced extensive vandalism and 
was littered with trash and other debris, affecting the quality of 
available habitat for cave beetles. In 2002, a specially designed cave 
gate was installed to prevent unwanted human entry. Under the CCAA, 
Southern Conservation Corporation has agreed to implement several 
conservation measures that will reduce and/or eliminate potential 
threats to the species. Southern Conservation Corporation will: (1) 
Maintain the Adams Cave property in a natural state; (2) maintain the 
metal gate at the entrance to Adams Cave; and (3) control and limit 
access to Adams Cave and the enrolled property. Implementation of the 
CCAA is expected to protect and conserve habitat for the covered 
species, eliminate unauthorized human disturbances within Adams Cave 
that are believed to impact the covered species, and provide important 
monitoring data that can be used to develop and/or improve management 
strategies for the covered species and other cave-dependent species. 
These benefits will be obtained through restoration and protection of 
the above- and below-ground habitats on the enrolled property.
    We will make our final determination after the end of the 30-day 
comment period and will fully consider all comments received during the 
comment period. If the final analysis shows the CCAA to be consistent 
with our policies and applicable regulations, we will sign the CCAA and 
issue the ESP. The proposed ESP would, in compliance with the CCAA 
Policy, only become valid on such date as the greater Adams Cave beetle 
and/or lesser Adams Cave beetle is listed as a threatened or endangered 
species under the Act.
    This notice also advises the public that we have made a preliminary 
determination that issuance of the ESP will not result in significant 
environmental, economic, social, historical, or cultural impacts and 
is, therefore, categorically excluded from review under NEPA, pursuant 
to 516 Departmental Manual 2, Appendix 1 and 516 Departmental Manual 6, 
Appendix 1. We specifically request information, views, and opinions 
from the public via this notice. Further, we specifically solicit 
information regarding the adequacy of the CCAA as measured against our 
CCAA Policy.

Author

    The primary author of this notice is Rick Gooch (see ADDRESSES 
section).

    Authority: The authority for this action is the Endangered 
Species Act, (16 U.S.C. 1531 et seq.)

    Dated: September 16, 2004.
Sam D. Hamilton,
Regional Director.
[FR Doc. 04-22261 Filed 10-1-04; 8:45 am]
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