[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 42004-42005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14982]
[[Page 42004]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2020-N069; FXES11140200000-201-FF02ENEH00]
Receipt of Application for an Incidental Take Permit and Draft
Habitat Conservation Plan for Five Species; Texas Parks and Wildlife
Department, Balmorhea State Park, Texas; Low-Effect Screening Form for
a Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from the Texas Parks and Wildlife Department (TPWD) for an
incidental take permit (ITP), accompanied by TPWD's habitat
conservation plan (HCP) for the Balmorhea State Park Management Plan.
The ITP, which would be granted under the Endangered Species Act, would
authorize incidental take of five federally endangered species. A low-
effect screening form supporting a categorical exclusion is also
available for public review. We request public comment on the ITP
application, HCP, and low-effect screening form.
DATES: To ensure consideration, written comments must be received or
postmarked on or before August 12, 2020.
ADDRESSES: Accessing Documents:
Internet: Low effect screening form and HCP: https://www.fws.gov/southwest/es/AustinTexas/.
U.S. Mail: You may obtain the documents at the following addresses.
In your request for documents, please reference Balmorhea State Park
HCP.
Low-effect screening form and HCP: A limited number of CD-
ROM and printed hardcopies are available from Mr. Adam Zerrenner, Field
Supervisor, Austin Ecological Services Field Office, Austin, TX, 78758;
telephone 512-490-0057.
ITP application: Hardcopies are available from the
Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room
6034, Albuquerque, NM 87103, Attention: Environmental Review Branch.
Submitting Comments: Regarding any of the documents available for
review, you may submit written comments by one of the following
methods. In your comments, please reference Balmorhea State Park HCP.
Email: FW2_AUES_Consult@fws.gov.
U.S. Mail: Field Supervisor, Austin Ecological Services
Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758; telephone
512-490-0057.
We request that you send comments by only one of the methods
described above.
FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, by
mail (see above), via phone at 512-490-0057, or via the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Under the Endangered Species Act (ESA; 16
U.S.C 1531 et seq.), we, the U.S. Fish and Wildlife Service (Service),
have received an application from the Texas Parks and Wildlife
Department (TPWD) for an incidental take permit (ITP), along with an
accompanying habitat conservation plan (HCP) for the Balmorhea State
Park Management Plan. If granted, the ITP would authorize incidental
take of five federally endangered species resulting from the ongoing
management of Balmorhea State Park.
The HCP included with the ITP application is for five endangered
species that occur at San Solomon Springs, located at Balmorhea State
Park, Balmorhea, Texas. The HCP describes TPWD's plans to minimize and
mitigate the effects of the operation and maintenance of the pool at
Balmorhea State Park. We have made a preliminary determination that the
HCP is eligible for categorical exclusion under the National
Environmental Policy Act. The basis for this determination is contained
in a low-effect screening form for a categorical exclusion (low-effect
screening form), which evaluates the impacts of implementation of the
proposed HCP.
We request public comment on the ITP application, HCP, and low-
effect screening form.
Background
Section 9 of the ESA 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, we may issue permits to authorize the incidental take of
threatened and endangered species. ``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 species, respectively, are found in the Code
of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
Application
The TPWD has applied to the Service for an ITP under section
10(a)(1)(B) of the ESA. The requested ITP, which would be in effect for
a period of 10 years, if granted, would authorize incidental take of
the Comanche Springs pupfish (Cyprinodon elegans), Pecos gambusia
(Gambusia nobilis), Phantom tryonia (Tryonia cheatumi), diminutive
amphipod (Gammarus hyalleloides), and Phantom springsnail (Pyrgulopsis
texana). The proposed incidental take would result from activities
associated with otherwise lawful activities, including the ongoing
operation and maintenance of the swimming pool at Balmorhea State Park.
The HCP and associated permit would implement a voluntary conservation
plan to protect and conserve five aquatic endangered species occurring
at Balmorhea State Park. The conservation strategy includes
conservation measures to minimize and mitigate direct and indirect
impacts to the five species and their aquatic habitat and an adaptive
management program. If approved, the ITP would be for a 10-year period
following permit issuance and would authorize incidental take of the
five species, all of which are listed as endangered under the ESA.
Proposed Action
The proposed action involves the issuance of an ITP by the Service
for the covered activities in the permit area, under section
10(a)(1)(B) of the ESA. The ITP would cover ``take'' of the covered
species associated with operation and maintenance of the Balmorhea
State Park including the swimming pool, pupfish refugium, and Hubbs
Ci[eacute]nega. The applicant will fully implement the HCP if approved
by the Service. The terms of the HCP and ITP will also ensure that
incidental take will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild.
Next Steps
We will evaluate the HCP and comments we receive on the low-effect
screening form to determine whether the ITP application meets the
requirements of section 10(a) of the ESA. We will also evaluate whether
issuance of a section 10(a)(1)(B) 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 ITP.
If
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all necessary requirements are met, we will issue the ITP 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. We will not consider anonymous
comments. 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, Albuquerque, New Mexico.
[FR Doc. 2020-14982 Filed 7-10-20; 8:45 am]
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