[Federal Register: October 16, 2008 (Volume 73, Number 201)]
[Notices]
[Page 61433-61435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc08-80]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2008-N0225; 20124-1112-0000-F2]
Regional Habitat Conservation Plan, Comal County, TX
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to prepare an environmental impact statement;
[[Page 61434]]
announcement of public scoping meeting; request for public comment.
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SUMMARY: Under the National Environmental Policy Act (NEPA) and its
implementing regulations, we, the Fish and Wildlife Service (Service),
advise the public that we intend to prepare an environmental impact
statement to evaluate the impacts of, and alternatives to, the issuance
of an incidental take permit (ITP), under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act), to Comal County,
Texas. Comal County proposes to apply for an ITP, through development
and implementation of a Regional Habitat Conservation Plan (RHCP), as
required by the Act. The RHCP will provide measures to minimize and
mitigate for the impacts of the proposed taking of federally listed
species (covered species) and the habitats upon which they depend.
DATES: To ensure consideration, we must receive written comments on or
before close of business (4:30 p.m. CST) December 15, 2008. We will
also accept oral and written comments at a public hearing on December
4, 2008, from 6 p.m. to 8 p.m. at the Comal County Commissioners Court,
199 Main Plaza, New Braunfels, TX 78130.
ADDRESSES: Send written comments to Mr. Adam Zerrenner, Field
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758. The public scoping meeting will take place at
the Comal County Commissioners Court, 199 Main Plaza, New Braunfels, TX
78130.
FOR FURTHER INFORMATION CONTACT: EIS Information: Mr. Adam Zerrenner,
Field Supervisor, by U.S. mail at U.S. Fish and Wildlife Service, 10711
Burnet Road, Suite 200, Austin, TX 78758; by phone at (512) 490-0057;
or by fax at (512) 490-0974.
Comal County RHCP Information: Tom Hornseth, County Engineer, by
U.S. mail at 195 David Jonas Drive, New Braunfels, TX 78132, or by
phone at (830) 608-2090. Additional information is available on the
Internet at http://www.co.comal.tx.us/comalrhcp.
SUPPLEMENTARY INFORMATION: We intend to prepare an EIS to evaluate the
impacts of, and alternatives to, the proposed issuance of an ITP under
the Act (16 U.S.C. 1531 et seq.) to Comal County. We also announce a
public scoping meeting and public comment period. Comal County proposes
to apply for an ITP supported by development and implementation of its
RHCP. The RHCP will include measures necessary to minimize and mitigate
for the impacts of the proposed taking of covered species to the
maximum extent practicable. We furnish this notice, in compliance with
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1500-1508), in order to: (1) Advise other Federal and State agencies,
affected tribes, and the public of our intent to prepare an EIS; (2)
announce the initiation of a public scoping period; and (3) obtain
suggestions and information on the scope of issues and alternatives we
will consider in our EIS. We intend to gather the information necessary
to determine impacts and alternatives for an EIS regarding our
potential issuance of an ITP to Comal County, and the implementation of
the RHCP.
Public Availability of Comments
All comments we receive become part of the public record. Requests
for copies of comments will be handled in accordance with the Freedom
of Information Act, NEPA, and Service and Department of the Interior
policies and procedures. Before including your address, phone number,
e-mail 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 ask us to withhold your personal identifying
information from public review, we cannot guarantee we will be able to
do so.
Background
Section 9 of the Act and its implementing regulations prohibit the
take of animal species listed under the Act as endangered or
threatened. The definition of ``take'' under the Act includes the
following activities: To harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect listed animal species, or attempt to
engage in any such conduct (16 U.S.C. 1538). Regulations define
``harm'' as significant habitat modification or degradation that
results in actual death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3).
Section 10(a)(1)(B) of the Act requires us to issue incidental take
permits to non-Federal entities for the take of endangered and
threatened species, provided the following criteria are met: (1) The
taking will be incidental; (2) the applicant will, to the maximum
extent practicable, minimize and mitigate the impact of such taking;
(3) the applicant will develop a habitat conservation plan and ensure
that adequate funding for the plan will be provided; (4) the taking
will not appreciably reduce the likelihood of the survival and recovery
of the species in the wild; and (5) the applicant will carry out any
other measures that we may require as being necessary or appropriate
for the purposes of the habitat conservation plan.
We anticipate that under the ITP, Comal County will request permit
coverage for a period of 30 years from the date of the RHCP approval.
Implementation of the RHCP would result in the establishment of
preserves intended to provide for the conservation of the covered
species occupying those preserves. Research, monitoring, and adaptive
management would be used to facilitate accomplishment of these goals.
Proposed Action
Our proposed action is the issuance of an ITP for the covered
species in Comal County. Comal County would develop and implement the
RHCP, which must meet the requirements in Section 10(a)(2)(A) of the
Act by providing measures necessary to minimize and mitigate for the
impacts of the proposed taking of covered species to the maximum extent
practicable.
Activities proposed for coverage under the ITP include otherwise
lawful activities that would occur consistent with the RHCP and
include, but are not limited to, construction and maintenance of public
projects and infrastructure as well as residential, commercial, and
industrial development.
Species Comal County has recommended for inclusion as covered
species in the RHCP include the golden-cheeked warbler (Dendroica
chrysoparia) and black-capped vireo (Vireo atricapilla). For these
covered species, Comal County would seek incidental take authorization.
The Comal County RHCP would also address 19 ``evaluation species'' (18
terrestrial or aquatic karst species and the Cagle's map turtle
(Graptemys caglei)) and 4 ``additional species'' (listed aquatic
species known from Comal County). Incidental take authorization for the
evaluation species may become necessary during the lifetime of the ITP;
however, these species would not initially be included as covered
species. Evaluation species are currently unlisted, but may become
listed in the foreseeable future. The RHCP may include conservation
measures to benefit evaluation species, where practicable, and support
research to help fill data gaps regarding the biology, habitat,
distribution, and/or management of these species. The research
supported by the RHCP may help preclude the need to list these
[[Page 61435]]
species or facilitate obtaining incidental take coverage if these
species become listed in the future. Comal County would not seek
incidental take authorization for the four ``additional species,''
because these species are not likely to experience take from covered
activities.
Alternatives: The proposed action and alternatives that will be
developed in the EIS will be assessed against the No Action/No Project
Alternative, which assumes that some or all of the current and future
take of covered species in Comal County would be implemented
individually, one at a time, and be in compliance with the Act. The No
Action/No Project Alternative implies that the impacts from these
potential activities on the covered species would be evaluated and
mitigated on a project-by-project basis, as is currently the case. For
any activities involving take of listed species due to non-Federal
actions, individual Section 10(a)(1)(B) permits would be required.
Without a coordinated, comprehensive conservation approach for the
County, listed species may not be adequately addressed by individual
project-specific mitigation requirements, and mitigation would be
piecemeal and less cost effective in helping Federal and non-Federal
agencies work toward recovery of listed species. In addition to the No
Action/No Project Alternative, a reasonable range of alternatives will
also be considered, along with the associated impacts of the various
alternatives.
Scoping Meeting
The primary purpose of this meeting and public comment period is to
receive suggestions and information on the scope of issues and
alternatives to consider when drafting the EIS. We will accept oral and
written comments at this meeting. You may also submit your comments by
mail (see ADDRESSES above). Once the draft EIS and draft RHCP are
completed, additional opportunity for public comment on the content of
these documents and an additional public meeting will be provided.
Persons needing reasonable accommodations in order to attend and
participate in the public scoping meeting should contact the Service
(see ADDRESSES above) no later than 1 week prior to the public scoping
meeting. Information regarding this proposed action is available in
alternative formats upon request.
A primary purpose of the scoping process is to identify, rather
than debate, significant issues related to the proposed action. In
order to ensure that we identify a range of issues and alternatives
related to the proposed action, we invite comments and suggestions from
all interested parties. We will conduct a review of this project
according to the requirements of NEPA, other appropriate Federal laws,
regulations, policies, and guidance, and Service procedures for
compliance with those regulations.
Environmental Review
The EIS will be prepared in accordance with the requirements of
NEPA, other applicable regulations, and the Service's procedures for
compliance with those regulations. The EIS will analyze the proposed
action, as well as a range of reasonable alternatives and the
associated impacts of each. The EIS will be the basis for our
evaluation of impacts to the human environment and the range of
alternatives to be addressed. We expect the EIS to provide biological
descriptions of the affected species and habitats, as well as the
effects of the proposed action and alternatives on resources such as:
Vegetation, wetlands, wildlife, threatened or endangered species and
rare species, geology and soils, air quality, water resources, flood
control, water quality, cultural resources (prehistoric, historic, and
traditional cultural properties), land use, recreation, water use,
local economy, and environmental justice.
After a draft EIS is prepared, we will publish a Notice of
Availability along with a request for comment on the draft EIS and
Comal County's permit application, which will include the draft RHCP.
The draft EIS and draft RHCP are expected to be completed and
available to the public by January 2010.
Thomas L. Bauer,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. E8-24570 Filed 10-15-08; 8:45 am]
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