[Federal Register: January 28, 2002 (Volume 67, Number 18)]
[Page 3907-3908]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Sultan & Kahn Amendment # 1) for 
Incidental Take of the Bone Cave Harvestman

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Sultan & Kahn Partnership, Ltd., (Applicant) has requested an 
amendment to an incidental take permit issued March 9, 2001 by the U.S. 
Fish and Wildlife Service (Service), pursuant to section 10(a) of the 
Endangered Species Act (Act). The Applicant has been assigned permit 
amendment number TE-035525-1. The requested amendment would authorize 
the incidental take of the endangered Bone Cave harvestman (Texella 
reyesi) which would occur as a result of the construction of three 
commercial developments on Lots 2, 3, and 5. This construction is in 
addition to the originally permitted and authorized construction on 
Lots 1 and 4 at R.R. 620 and Great Oaks Drive, Round Rock, Williamson 
County, Texas.

DATES: Written comments on the application should be received within 60 
days of the date of this publication.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Room 4201, Albuquerque, New Mexico 87103. Persons 
wishing to review the EA/HCP may obtain a copy by contacting Sybil 
Vosler, Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, Texas 78758 (512/490-0063). Documents will be available for 
public inspection by written request, by appointment only, during 
normal business hours (8 am to 4:30 pm) at the U.S. Fish and Wildlife 
Service, Austin, Texas. Written data or comments concerning the 
application and EA/HCP should be submitted to the Field Supervisor, 
Ecological Services Field Office, Austin, Texas at the above address. 
Please refer to permit number TE-035525-1 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the above U.S. Fish 
and Wildlife Service, Austin Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Bone Cave harvestman. 
However, the Service, under limited circumstances, may issue permits to 
take endangered wildlife species incidental to, and not the

[[Page 3908]]

purpose of, otherwise lawful activities. Regulations governing permits 
for endangered species are at 50 CFR 17.22.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy to the species or a Finding of No Significant 
Impact (FONSI) will not be made until at least 60 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).
    Applicant: Sultan & Kahn Partnership, Ltd., plans to construct 
three commercial establishments on portions of Lots 2, 3, and 5 in 
addition to current (originally permitted) construction on Lots 1 and 4 
at R.R. 620 and Great Oaks Drive, Round Rock, Williamson County, Texas. 
This action will indirectly impact the habitat of the Bone Cave 
harvestman. The development will eliminate approximately 3.53 acres of 
habitat which supports the Beck Bat Cave ecosystem resulting in 
degradation of habitat and take of the Bone Cave harvestmen. The 
applicant proposes to compensate for this incidental take of Bone Cave 
harvestmen by providing mitigation funding sufficient to purchase, 
preserve, and maintain one cave (at least 70 acres in size) containing 
habitat for the Bone Cave harvestman; implementing a fire ant control 
program in the vicinity of Beck Bat Cave; Planting a 30 foot native 
vegetation buffer; and restricting the use of the lots to those that do 
not have the potential to pollute the underlying karst features.

Bryan Arroyo,
Acting Regional Director, Region 2.
[FR Doc. 02-1974 Filed 1-25-02; 8:45 am]