[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)] [Notices] [Pages 37488-37489] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18238] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Availability of an Environmental Assessment and Receipt of Application for Incidental Take Permit for The Peregrine Fund's Aplomado Falcon Reintroduction Program in Texas APPLICANT: J. Peter Jenny, Boise, Idaho. SUMMARY: The Peregrine Fund (J. Peter Jenny) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to Section 10(A)1(a) of the Endangered Species Act (Act). The proposed permit, which is for a period not to exceed 99 years, would authorize the future take of the endangered northern aplomado falcon (Falco femoralis septentrionalis) incidental to such lawful activities as farming, ranching, and residential development on private land in a 14 county area of southern Texas. The proposed permit would authorize incidental take only on land that is enrolled in a ``safe harbor'' program as described in documents associated with this action. An Environmental Assessment (EA) and Habitat Conservation Plan (HCP) have been prepared for the incidental take permit application. A determination of whether jeopardy to the species is likely to result or a Finding of No Significant Impact (FONSI), will not be made before 30 [[Page 37489]] days from the publication date of this notice. This notice is provided pursuant to Section10 of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). DATES: Written comments on the application should be received by August 19, 1996. ADDRESSES: Persons wishing to review the application, the EA/HCP, or other associated documents may obtain a copy by contacting Steven D. Arey or Edith A. Erfling, Clear Lake Ecological Services Field Office, 17629 El Camino Real, Suite 211, Houston, Texas 77058 (713/286-8282). Documents will be available for public inspection through a written request, by appointment only, during normal business hours (8:00 to 4:30) at the U.S. Fish and Wildlife Service's Clear Lake Ecological Services Field Office at the above address. Written data or comments concerning the application and EA/HCP should be submitted to the Field Supervisor, Clear Lake Ecological Services Field Office at the address above. Please refer to permit number PRT - 814839 when submitting comments. FOR FURTHER INFORMATION CONTACT: Steven D. Arey or Edith A. Erfling at the above Clear Lake Ecological Services Field Office address. SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the taking of endangered species such as the aplomado falcon. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species, when such taking is incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22. In 1993, The Peregrine Fund initiated the release phase of the northern aplomado falcon restoration program with the release of captive-reared falcons on Laguna Atascosa National Wildlife Refuge in Texas. The next step is an expansion of this program to include restoration of the aplomado falcon on private lands. A significant component of this reintroduction program is the development of a plan under Section 10(a)(1)(b) of the Act that encourages the release of aplomado falcons on private land in return for protection, a ``safe harbor,'' from any additional future liabilities under the Act. While current land use would result in minimal negative impact to the falcon, and may in fact be essential to the success fo the aplomado falcon restoration effort, landowners are concerned that the presence of aplomado falcons may in the future restrict land use practices and/or options. Under the proposed ``safe harbor'' program participating landowners will be permitted to take aplomado falcons incidental to future land use actions, provided that the landowner maintains any established baseline responsibilities. Only land that is enrolled in the program for which a landowner has a signed cooperative agreement will be covered by the proposed permit. The agreement will identify any existing aplomado falcon baseline responsibilities and grant permission for the release of birds on their land. Agreements may be for varying periods of time and shall be revocable by the landowner. This proposal does not involve the incidental take of existing endangered species habitat (the baseline habitat on private land will be protected). Nor does the proposal allow an endangered species to be shot, captured, or otherwise directly ``taken.'' The area to be affected by the proposed action encompasses the following 14 counties in southern Texas: Calhoun, Refugio, Aransas, San Patricio, Nueces, Kleberg, Kenedy, Willacy, Cameron, Hidalgo, Brooks, Victoria, Jackson, and Matagorda. Within this specific plan area, land potentially eligible for inclusion in the conservation plan include all privately owned as well as non-federal public land, including land owned by the State, counties, cities, and other governmental entities. Nancy M. Kaufman, Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. 96-18238 Filed 7-17-96; 8:45 am] BILLING CODE 4510-55-P