Notice2023-13491
Categorical Exclusion and Candidate Conservation Plan; Trinity River Authority Candidate Conservation Agreement With Assurances, Trinity River Basin, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), make available a draft screening form for a categorical exclusion (dCatEx form) under the National Environmental Policy Act and also a candidate conservation agreement with assurances (CCAA) for water supply, water and wastewater treatment, and reservoir operations, as well as operation and maintenance activities for infrastructure associated with these services (e.g., pipelines, levees) in the Trinity River Basin, Texas. The Trinity River Authority (TRA) has applied for an enhancement of survival permit (EOS permit) that would authorize incidental take of four freshwater mussel species and two turtle species. If approved, the TRA would hold the permit and issue certificates of inclusion (CI) authorizing incidental take to participating non-Federal landowners (partners), including the North Texas Municipal Water District, Tarrant Regional Water District, City of Dallas, and City of Fort Worth. The dCatEx form evaluates the impacts of, and alternatives to, implementation of the proposed CCAA. We invite the public and local, State, Tribal, and Federal agencies to comment on the CCAA and EOS permit application, as well as on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality National Environmental Policy Act regulations and Department of the Interior (DOI) NEPA regulations and the DOI Departmental Manual. To make this preliminary determination, we prepared the dCatEx form, also available for public review.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 121 (Monday, June 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41412-41414]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13491]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2023-N023; FXES11140200000-223-FF02ENEH00]
Categorical Exclusion and Candidate Conservation Plan; Trinity
River Authority Candidate Conservation Agreement With Assurances,
Trinity River Basin, TX
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make
available a draft screening form for a categorical exclusion (dCatEx
form) under the National Environmental Policy Act and also a candidate
conservation agreement with assurances (CCAA) for water supply, water
and wastewater treatment, and reservoir operations, as well as
operation and maintenance activities for infrastructure associated with
these services (e.g., pipelines, levees) in the Trinity River Basin,
Texas. The Trinity River Authority (TRA) has applied for an enhancement
of survival permit (EOS permit) that would authorize incidental take of
four freshwater mussel species and two turtle species. If approved, the
TRA would hold the permit and issue certificates of inclusion (CI)
authorizing incidental take to participating non-Federal landowners
(partners), including the North Texas Municipal Water District, Tarrant
Regional Water District, City of Dallas, and City of Fort Worth. The
dCatEx form evaluates the impacts of, and alternatives to,
implementation of the proposed CCAA. We invite the public and local,
State, Tribal, and Federal agencies to comment on the CCAA and EOS
permit application, as well as on the Service's preliminary
determination that the proposed permitting action may be eligible for a
categorical exclusion pursuant to the Council on Environmental Quality
National Environmental Policy Act regulations and Department of the
Interior (DOI) NEPA regulations and the DOI Departmental Manual. To
make this preliminary determination, we prepared the dCatEx form, also
available for public review.
DATES: To ensure consideration, written comments must be received or
postmarked on or before 11:59 p.m. Eastern Time on July 26, 2023.
ADDRESSES:
Accessing Documents: You may access the dCatEx form and CCAA by any
of the following means. In your request for documents, please reference
the ``Trinity River Authority CCAA.''
<bullet> Internet: <a href="https://www.fws.gov/office/arlington-ecological-services/news">https://www.fws.gov/office/arlington-ecological-services/news</a>.
<bullet> U.S. Mail: You may obtain a CD-ROM containing the
documents (limited supply), by request, from the U.S. Fish and Wildlife
Service, Field Supervisor for the Arlington Texas Ecological Services
Field Office, 501 West Felix Street, Suite 1105, Fort Worth, Texas
76115.
Submitting Comments: You may submit written comments by one of the
following methods. In your comments, please reference ``Trinity River
Authority CCAA.''
<bullet> Email: <a href="/cdn-cgi/l/email-protection#d6b7a4bab3a596b0a1a5f8b1b9a0"><span class="__cf_email__" data-cfemail="7a1b08161f093a1c0d09541d150c">[email protected]</span></a>.
<bullet> U.S. Mail: Field Supervisor, Arlington Texas Ecological
Serviced Field Office (street address above).
We request that you send comments by only one of the above methods.
FOR FURTHER INFORMATION CONTACT: Erik Orsak, Acting Field Supervisor,
by mail (street address above) or via phone at 682-348-7397.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), make available a draft screening form
[[Page 41413]]
for a categorical exclusion (dCatEx form), and also a candidate
conservation agreement with assurances (CCAA) for water supply, water
and wastewater treatment, and reservoir operations, as well as
operation and maintenance activities for infrastructure associated with
these services (e.g., pipelines, levees) in the Trinity River Basin,
Texas. The Trinity River Authority (TRA) has applied for an enhancement
of survival permit (EOS permit) that would authorize incidental take of
four freshwater mussel species and two turtle species. If approved, the
TRA would hold the EOS permit and issue certificates of inclusion (CIs)
authorizing incidental take to participating non-Federal landowners
(partners), including the North Texas Municipal Water District, Tarrant
Regional Water District, City of Dallas, and City of Fort Worth. The
dCatEx form evaluates the impacts of, and alternatives to,
implementation of the proposed CCAA. We invite the public and local,
State, Tribal, and Federal agencies to comment on the CCAA and EOS
permit application, as well as on the Service's preliminary
determination that the proposed permitting action may be eligible for a
categorical exclusion pursuant to the Council on Environmental Quality
National Environmental Policy Act regulations (NEPA; 40 CFR 1501.4) and
Department of the Interior (DOI) NEPA regulations (43 CFR 46) and the
DOI Departmental Manual. To make this preliminary determination, we
prepared the dCatEx form, also available for public review.
Background
Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.) and its implementing regulations prohibit the ``take'' of animal
species listed as endangered or threatened. Take is defined under the
ESA as to ``harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect listed animal species, or to attempt to engage in
such conduct'' (16 U.S.C. 1538). However, under section 10(a) of the
ESA, the Service may issue permits for incidental take if such take is
authorized under an enhancement of survival of candidate species EOS
permit and covered by a CCAA. ``Incidental take'' is defined by the ESA
as take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Regulations governing such take of
endangered and threatened/candidate species, respectively, are found in
the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
Permit Application
The Trinity River Authority (TRA) has applied to the Service for an
enhancement of survival (EOS) permit under section 10(a)(1)(A) of the
ESA. Such permits authorize take that is incidental to otherwise lawful
activities (50 CFR 17.3). If approved, the TRA would hold the EOS
permit and issue certificates of inclusion (CIs) authorizing incidental
take to participating partners, including the North Texas Municipal
Water District, Tarrant Regional Water District, City of Dallas, and
City of Fort Worth. The requested EOS permit, which is for a period of
10 years, would authorize incidental take of four freshwater mussel
species [Texas heelsplitter (Potamilus amphichaenus), Trinity pigtoe
(Fusconaia chunii), Texas fawnsfoot (Truncilla macrodon), and Louisiana
pigtoe (Pleurobema riddellii)] and two turtle species [western chicken
turtle (Deirochelys reticularia miaria) and alligator snapping turtle
(Macrochelys temminckii)]. The proposed incidental take would result
from activities associated with otherwise lawful activities during
implementation of conservation measures intended to benefit at-risk
species and ongoing water supply and water and wastewater treatment
operations, including associated inspections, repairs, and maintenance
activities for these operations. The CCAA and associated permit would
implement a voluntary conservation strategy for freshwater mussels
developed by the TRA and partners based on the National Strategy for
the Conservation of Native Freshwater Mussels developed by the
Freshwater Mollusk Conservation Society. A national freshwater turtle
conservation strategy does not currently exist; however, the CCAA also
includes voluntary conservation measures that TRA and partners will
implement to benefit freshwater turtles. Conservation outlined in the
CCAA includes measures to minimize and avoid direct and indirect
impacts to the covered species and their habitats, including a
comprehensive monitoring and adaptive management program, compliance
with existing environmental flow standards, conducting routine water
quality monitoring of sites near existing mussel populations,
conducting an invasive species monitoring and control program,
conducting applied research on mussel survival in the Trinity River
downstream of the Dallas/Fort Worth Metropolitan area, supporting
turtle research and reintroduction programs in the basin, assessment of
restoration potential in the Trinity River Basin for mussels and
turtles, and public outreach and education about the resource needs of
freshwater mussels and turtles. The expected result of the
implementation of the conservation strategy and conservation measures,
including any incidental take associated with activities covered by the
permit, is a net conservation benefit to the Texas heelsplitter, Texas
fawnsfoot, Trinity pigtoe, Louisiana pigtoe, western chicken turtle,
and alligator snapping turtle. The intent of the CCAA and associated
permit is to provide the TRA and partners with the opportunity to
voluntarily conserve the species covered by the permit and their
habitat, while carrying out existing and ongoing water supply and
wastewater operations, while providing a net conservation benefit to
the species. If approved, the EOS permit would be for a 10-year period
following the signature of the CCAA and would authorize incidental take
of the Texas heelsplitter, Texas fawnsfoot, Trinity pigtoe, Louisiana
pigtoe, western chicken turtle, and alligator snapping turtle, if any
of the species become listed under the ESA.
National Environmental Policy Act Alternatives
The dCatEx form evaluates the impacts of, and alternatives to,
implementation of the proposed CCAA.
Proposed Action
The proposed action involves the issuance of an EOS permit by the
Service for the covered activities in the permit area, under section
10(a)(1)(A) of the ESA. The EOS permit would cover ``take'' of the
covered species associated with actions implemented by the TRA and
partners to conserve freshwater mussels and turtles, and the operation,
inspection, repair, and maintenance of existing TRA and partner
infrastructure within the permit area. An application for an EOS permit
must include a CCAA that describes the conservation measures the
applicant has agreed to undertake to minimize and mitigate for the
impacts of the proposed taking of covered species to the maximum extent
practicable. The applicant, and any partners included through CI, will
fully implement the CCAA if approved by the Service. The terms of the
CCAA and EOS permit will also ensure that incidental take/enhancement
of survival will not appreciably reduce the likelihood of the survival
and recovery of the species in the wild.
No Action Alternative
We have considered one alternative to the proposed action as part
of this
[[Page 41414]]
process: No Action. Under a No Action alternative, the Service would
not issue the requested EOS permit and the applicant would not
implement the comprehensive conservation strategy for these species
described in the CCAA. Without an EOS permit, the applicant and
partners would either need to perform ongoing operations, inspections,
repairs, and maintenance activities of their infrastructure in a manner
that avoids incidental take, or they would need to seek coverage for
take through another ESA mechanism, such as consultation under ESA
section 7 (if a Federal nexus exists) or development of a habitat
conservation plan under ESA section 10.
Next Steps
We will evaluate the CCAA and comments we receive to determine
whether the EOS permit application meets the requirements of section
10(a) of the ESA. We will also evaluate whether issuance of a section
10(a)(1)(A) permit would comply with section 7 of the ESA by conducting
an intra-Service section 7 consultation. We will use the results of
this consultation, in combination with the above findings, in our final
analysis to determine whether to issue an EOS permit. If all necessary
requirements are met, we will issue the EOS permit to the applicant.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Authority
We provide this notice under section 10(c) of the ESA and its
implementing regulations (50 CFR 17.22 and 17.32) and the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations (40 CFR 1506.6).
Amy L. Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2023-13491 Filed 6-23-23; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.