[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51849-51851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16663]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2023-N055; FXES11140200000-234-FF02ENEH00]
Salt River Project Roosevelt Habitat Conservation Plan Amendment
and Draft Environmental Assessment; Maricopa and Gila Counties, Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, as the lead Federal
agency, in conjunction with the U.S. Army Corps of Engineers, as a
cooperating agency, announce the availability of a draft environmental
assessment (EA) for the proposed Salt River Project Roosevelt Habitat
Conservation Plan (RHCP) Amendment which includes a proposed planned
deviation to the Corps' Water Control Manual (WCM) in Gila and Maricopa
Counties, Arizona. Salt River Project (applicant) submitted the RHCP
amendment, also available for public review, in support of an
application for an amended incidental take permit (permit) under the
Endangered Species Act. Prepared in accordance with the requirements of
the National Environmental Policy Act, the draft EA evaluates the
impacts of, and alternatives to, amending the existing permit for the
operation of the Modified Roosevelt Dam and Lake. If approved, the
requested permit amendment would authorize incidental take of the
northern Mexican gartersnake and expand the permit area for existing
authorized incidental take for the yellow-billed cuckoo, southwestern
willow flycatcher, and bald eagle. We invite comments from the public
and Federal, Tribal, State, and local governments.
DATES: We will accept comments received on or before September 5, 2023.
ADDRESSES:
Obtaining documents: You may obtain copies of the RHCP amendment
and draft EA on the internet at https://www.fws.gov/office/arizona-ecological-services.
Submitting comments: You may submit written comments by email to
[email protected]. Please note which document(s) your comment
references. For more information, see Public Availability of Comments.
FOR FURTHER INFORMATION CONTACT: Heather Whitlaw, Field Supervisor,
Arizona Ecological Services Office; U.S. Fish and Wildlife Service;
telephone (602) 242-0210. 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), as the lead Federal agency, in conjunction with the U.S.
Army Corps of Engineers (Corps), as a cooperating agency, announce the
availability of a draft environmental assessment (EA) for the proposed
Salt River Project Roosevelt Habitat Conservation Plan (RHCP) Amendment
in Gila and Maricopa Counties, Arizona. Salt River Project (SRP;
applicant) submitted the proposed RHCP amendment in support of an
application for an amended incidental take permit (permit) under
section 10(a)(1)(B) of the Endangered Species Act (ESA; 16 U.S.C. 1531
et seq.). The draft EA evaluates the impacts of, and alternatives to,
amending the existing permit for the operation of the Modified
Roosevelt Dam and Lake, and addresses both the Service and Corps'
responsibilities under the National Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). The proposed RHCP amendment is a combined ESA
section 10(a)(1)(B) and ESA section 7 approach to ESA compliance for
implementation of covered activities for non-Federal (section 10) and
Federal (section 7) participants. The RHCP amendment addresses effects
from SRP's Modified Roosevelt Dam conservation storage actions to newly
listed species, and adds SRP's flood control operations, which includes
a proposed planned deviation to the Corps' Water Control Manual (WCM).
The planned deviation to the Corps' WCM, guiding Roosevelt Lake's flood
control space (FCS) operations, is a Federal action, as is the
Service's approval of an amended permit. The planned deviation, if
approved, could extend water's occurrence in the FCS for 100 days (120
days total) in 3 out of 5 consecutive years. SRP's current permit is
for 50 years, expiring in 2053, and the amendment does not change the
permit duration. If the amendment is approved, the permit would have a
remaining duration of 30 years.
If the Service approves the amended RHCP and the Corps approves the
planned deviation, the requested permit amendment would authorize
incidental take of the northern Mexican gartersnake (Thamnophis eques
megalops; gartersnake) and expand the permit area for existing
authorized incidental take for the federally listed threatened yellow-
billed cuckoo (Coccyzus americanus; cuckoo), endangered southwestern
willow flycatcher (Empidonax traillii extimus; flycatcher), and
unlisted bald eagle (Haliaeetus leucocephalus).
SRP and the Service evaluated and improved the incidental take
exceedance language for the bald eagle for conservation storage and
additional flood control activities, addressing the bald eagle's
dynamic distribution and abundance. SRP is amending their existing RHCP
under ESA for the bald eagle in case the Service lists the bald eagle
as threatened or endangered in the future. We also included the bald
eagle to address compliance during the remaining life of the permit
under the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C.
668-668d, 54 Stat. 250, as amended) and its governing regulations at 50
CFR 22.80.
Authorized incidental take of the covered species would result from
Modified Roosevelt Dam's conservation storage and flood control
activities, including the proposed deviation to the Corps' WCM.
Background
Section 9 of the ESA and its implementing regulations at 50 CFR
part 17.21 prohibit the ``take'' of fish or wildlife species listed as
endangered. Additionally, per 50 CFR part 17.31, most of the provisions
of 50 CFR part 17.21 for endangered species, including prohibition of
``take'', apply to species listed as threatened, provided the species
was added to the List of Endangered and Threatened Wildlife on or prior
to September 26, 2019. ``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. 1532(19)).
[[Page 51850]]
However, under section 10(a) of the ESA, we may issue permits to
authorize incidental take of listed species. Valid ESA permits under
10(a)(1)(B) constitute a valid permit under the Eagle Act, if the
activity is compatible with bald eagle preservation. ESA defines
``incidental take'' as take that is incidental to, and not the purpose
of, carrying out an otherwise lawful activity. Regulations governing
incidental take permits of endangered and threatened species are in 50
CFR 17.21-22 and 50 CFR 17.31-32, respectively.
Proposed Actions
Service's Proposed Action
The Service's proposed action involves the issuance of an amended
10(a)(1)(B) permit to SRP in association with SRP's RHCP Amendment in
Maricopa and Gila Counties, Arizona. The RHCP amendment is a combined
ESA section 10(a)(1)(B) and ESA section 7 approach to ESA compliance
for implementation of covered activities for non-Federal (section 10)
and Federal (section 7) participants. SRP's permit is for 50 years,
expiring in 2053, and the amendment does not change the permit
duration.
In 2002, SRP developed the original RHCP to address effects to the
flycatcher, cuckoo, Yuma Ridgway's rail (Rallus obsoletus yumanensis),
and bald eagle resulting from SRP's conservation storage operations at
Modified Roosevelt Dam and Lake. The 2002 RHCP and 2003 permit area
address Roosevelt Lake's conservation space (CS), which extends to the
reservoir's water surface at elevation 2,151 feet (ft). In February
2003, the Service signed its RHCP record of decision on the
environmental impact statement under NEPA, completed a section 7 ESA
biological opinion on the issuance of the permit, and issued a permit
to SRP.
The proposed RHCP amendment addresses effects from Modified
Roosevelt Dam's conservation storage actions to species (gartersnake)
listed since completion of the original 2002 RHCP.
SRP is adding flood control operations to the RHCP and its effects
to covered species (gartersnake, flycatcher, cuckoo, and bald eagle).
Flood control operations include normal flood control operations and a
proposed ``3 in 5-year planned deviation'' to the Corps' WCM.
SRP's RHCP amendment includes and addresses the effects to listed
species from the proposed WCM deviation. The proposed planned deviation
to the Corps' WCM, which guides Roosevelt Lake's FCS operations is a
Federal action, which we fully analyze under NEPA in the draft EA,
along with ESA compliance.
As part of the RHCP amendment's proposed action, SRP would
implement a gartersnake conservation program for impacts associated
with CS, normal FCS activities, and the planned deviation, to achieve a
level of conservation benefit that fully offsets the impacts of the
anticipated incidental take. SRP's conservation program is integral to
meeting the amended RHCP's standard to mitigate to the maximum extent
practicable. SRP's conservation program requires actions for the
remaining 30-year permit duration. SRP would implement the following
gartersnake conservation measures associated with conservation and
normal flood control activities: (1) suppression of nonnative predatory
fish by electrofishing in two separate sections of lower Tonto Creek
downstream of the Town of Gisela; (2) stocking of native fishes in two
separate sections of lower Tonto Creek downstream of the Town of Gisela
and the FCS; (3) possible stocking of lowland leopard frogs (Lithobates
yavapaiensis) in the Gisela section of lower Tonto Creek and the FCS;
and (4) potential funding of a lowland leopard frog breeding facility.
To offset impacts of gartersnake take from the planned deviation, SRP
would stock native fish in the FCS. SRP would monitor and adaptively
manage gartersnake conservation measures to achieve effective and
efficient conservation.
The proposed RHCP amendment would expand the permit area for
cuckoo, flycatcher, and bald eagle to include the FCS. For all three
birds, existing RHCP conservation measures are comprehensive enough to
fully mitigate effects anticipated for ongoing conservation storage and
the additional flood control operations proposed in the RHCP amendment.
Therefore, SRP's current existing 2002 permit surrogate and exceedance
measures are robust enough to address additional minor effects to the
cuckoo and flycatcher from flood control activities.
In the proposed RHCP amendment, SRP and the Service improved the
surrogate and exceedance metrics for the bald eagle for ongoing
conservation and additional flood control activities to address the
bald eagle's dynamic distribution and abundance. Since completion of
the original RHCP in 2002, the Service removed the bald eagle from the
list of threatened and endangered species. SRP is amending their
existing RHCP under ESA for the bald eagle should we list the bald
eagle as threatened or endangered in the future. Valid section
10(a)(1)(B) permits under the ESA constitute a valid permit under the
Eagle Act, if the activity is compatible with bald eagle preservation.
The draft EA includes our analysis under the Eagle Act of the RHCP
amendment and conservation actions. Similar to the flycatcher and
cuckoo, SRP's existing conservation measures are robust enough to fully
mitigate additional minor effects to bald eagles.
SRP's amended RHCP permit, which includes the effects of the Corps'
proposed planned deviation, will require ESA section 7 compliance.
Corps' Proposed Action
The Corps is the Federal participant for combined non-Federal
(section 10) and Federal (section 7) ESA compliance under section
10(a)(1)(B). The Corps' proposed action is the review of a planned
deviation from the WCM, as requested by SRP. SRP addresses the effects
to listed species from the proposed planned deviation in the proposed
RHCP amendment. SRP's proposed deviation request would extend the
maximum acceptable release period for water held within the first five
(5) ft of the FCS (elevations 2,151 to 2,156 ft) from 20 days to 120
days. The planned deviation could occur in three years out of a five-
consecutive year period and begin immediately, should the Corps approve
of the deviation.
The U.S. Government owns Modified Roosevelt Dam, and a 1917
contract between the Secretary of the Interior, SRP, and the Bureau of
Reclamation (Reclamation) delegates to SRP the responsibility for the
care, operation, and maintenance of Modified Roosevelt Dam.
In 1996, Reclamation, in coordination with SRP, structurally
modified Roosevelt Dam to include (1) additional water conservation
space (up to elevation 2,151 ft); (2) flood control space (2,151 to
2,175 ft in elevation) to help manage flood releases to reduce
downstream flood damage; (3) flood surcharge space to protect the dam
from overtopping (Safety of Dams); and (4) new outlet works and
spillway.
In 1997, the Corps issued the Water Control Manual for Modified
Roosevelt Dam. The Corps, Reclamation, and SRP entered into a water
control agreement, determining that SRP would comply with the WCM's
flood control operating criteria.
Modified Roosevelt Dam's WCM operational objective is to minimize
downstream flood damage along the Salt and Gila Rivers. The WCM
identifies operational releases within the FCS to draw down Roosevelt
Reservoir within 20 days of initial inundation while
[[Page 51851]]
working to maintain combined flows at the Salt and Verde River
confluence below 180,000 cubic ft per second.
Modified Roosevelt Dam's WCM identifies when it may be necessary to
temporarily deviate from the established flood control plan. Planned
deviations are one of three categories identified in the WCM.
Regulations and agreements establish the process and requirements for
approval of a planned WCM deviation.
National Environmental Policy Act Compliance
Issuance of the RHCP amendment permit is a Federal action that
triggers the need for compliance with NEPA. Additionally, as noted
above, the proposed RHCP amendment is a combined ESA section
10(a)(1)(B) and ESA section 7 approach to ESA compliance for
implementation of covered activities for non-Federal (section 10) and
Federal (section 7) participants. In accordance with the requirements
of NEPA, we advise the public that:
1. We have prepared a draft EA to evaluate SRP's RHCP amendment,
which addresses Modified Roosevelt Dam's effects from conservation
storage actions on newly listed species and adds effects to covered
species from flood control operations, including the Corps' evaluation
of the planned deviation to the WCM, and potential permit issuance. We
are accepting comments on the RHCP amendment and draft EA.
2. The applicant, Service, and Corps have developed the RHCP
amendment, which describes the measures the applicant has volunteered
to take to meet the issuance criteria for a permit associated with the
RHCP amendment. The issuance criteria are found at 50 CFR
17.22(b)(2)(i) and 50 CFR 17.32(b)(2).
3. The applicant would implement the RHCP amendment, including its
conservation program, and the amended permit would remain effective
until the expiration of the RHCP in 2053.
4. As described in the RHCP amendment, anticipated incidental take
of the gartersnake (in the CS, FCS, and lower Tonto Creek), flycatcher,
cuckoo, and bald eagle (in the FCS) could result from otherwise lawful
activities covered by the RHCP amendment.
Alternatives
As part of this process, we are considering two additional
alternatives to the proposed action, the No Action and No Planned
Deviation alternatives. Under the No Action Alternative, the Service
would not issue the amended permit, and SRP would not implement the
RHCP amendment. Under the No Planned Deviation Alternative, the Corps
would not approve the planned deviation to the WCM, and SRP would
implement the RHCP amendment with the addition of normal flood control
activities.
Next Steps
We will evaluate the RHCP amendment permit application, amended
RHCP, draft EA, and comments we receive to determine whether the RHCP
amendment application meets the requirements of the ESA, NEPA, and
implementing regulations. If we determine that all requirements are
met, we will approve the RHCP amendment and issue the amended permit
under section 10(a)(1)(B) of the ESA (16 U.S.C. 1531 et seq.) to the
applicant. We will not make our final decision until after the 30-day
comment period ends and we have fully considered all comments received
during the public comment period.
Public Availability of Comments
All comments we receive become part of the public record associated
with this action. The Service will handle requests for copies of
comments 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, email address, or other personal
identifying information in your comment, you should be aware that the
Service may make your entire comment--including your personal
identifying information--publicly available at any time. While you can
ask us to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so. The Service
will make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public disclosure in their
entirety.
Authority
We provide this notice under the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Amy L. Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2023-16663 Filed 8-3-23; 8:45 am]
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