[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74370-74372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25685]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R2-ES-2020-0065; FXES111602C0000-212-FF02ENEH00]
Application for an Enhancement of Survival Permit; Draft
Candidate Conservation Agreement With Assurances for the Dunes
Sagebrush Lizard (Sceloporus arenicolus); Andrews, Gaines, Crane,
Ector, Ward, and Winkler Counties, Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: This notice advises the public that Canyon Environmental, LLC
(applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an enhancement of survival permit (permit) supported by the draft
Candidate Conservation Agreement with Assurances for the Dunes
Sagebrush Lizard (Sceloporus arenicolus) (CCAA) in Andrews, Gaines,
Crane, Ector, Ward, and Winkler Counties, Texas. The applicant has
applied to the Service for the permit pursuant to the Endangered
Species Act. The requested permit, if approved, would authorize
incidental take of the dunes sagebrush lizard (DSL), resulting from
activities completed pursuant to the draft CCAA. If approved, the
requested permit would become effective should the DSL become federally
listed during the life of the permit and CCAA. The proposed permit
would have a term of up to 23 years. We also announce the availability
of a draft environmental assessment (EA) that has been prepared to
evaluate the permit application in accordance with the requirements of
the National Environmental Policy Act. We are making the permit
application package, including the draft CCAA and draft EA, as well as
the issuance criteria for the requested permit, available for public
review and comment.
DATES: Submission of comments: We will accept comments received or
postmarked on or before December 21, 2020.
ADDRESSES: Obtaining Documents for Review: You may obtain copies of the
permit application, draft CCAA, draft EA, or other related documents in
the following formats:
Internet:
http://www.regulations.gov (search for Docket No. FWS
2012;R2 2012;ES 2012;2020 2012;0065).
http://www.fws.gov/southwest/es/AustinTexas/.
Hard copies or CD 2012;ROM:
Contact Field Supervisor by phone or U.S. mail (see FOR
FURTHER INFORMATION CONTACT; reference the notice title and docket
number FWS 2012;R2 2012;ES 2012;2020 2012;0065).
Email: fw2_HCP_Permits@fws.gov.
Reviewing Public Comments: View submitted comments on http://www.regulations.gov in Docket No. FWS 2012;R2 2012;ES 2012;2020
2012;0065.
Submitting Comments: You may submit written comments by one of the
following methods:
Internet: http://www.regulations.gov. Follow the instructions for
submitting
[[Page 74371]]
comments on Docket No. FWS 2012;R2 2012;ES 2012;2020 2012;0065.
Hard Copy: Submit by U.S. mail to Public Comments Processing, Attn:
FWS 2012;R2 2012;ES 2012;2020 2012;0065; U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W); 5275 Leesburg Pike, Falls Church, VA 22041,
2012;3803.
We request that you submit comments by only the methods described
above. We will post all information received on http://www.regulations.gov. This generally means we will post any personal
information you provide us (see Public Availability of Comments).
FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor,
by mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, Texas 78758; via phone at 512 2012;490 2012;0057, ext.
248.; or via the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), make available the draft Candidate Conservation Agreement
with Assurances for the Dunes Sagebrush Lizard (Sceloporus arenicolus)
(CCAA) in Andrews, Gaines, Crane, Ector, Ward, and Winkler Counties,
Texas. Canyon Environmental, LLC (applicant) has applied for an
enhancement of survival permit (permit). If approved, the requested
permit would become effective and authorize incidental take of the
dunes sagebrush lizard (Sceloporus arenicolus; DSL) should the DSL
become federally listed during the life of the permit and CCAA under
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The permit would authorize incidental take of the DSL resulting
from activities covered by the draft CCAA (e.g., oil and gas
exploration and development, sand mining, renewable energy development
and operations, pipeline construction and operations, local government
activities, agricultural activities, general construction activities),
and incidental take resulting from conservation, research, and
monitoring activities completed pursuant to the draft CCAA. These
activities of the CCAA, collectively, are intended to meet the net
conservation benefit standard.
In accordance with the requirements of the National Environmental
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) we have prepared a
draft environmental assessment (EA) to evaluate the permit application.
We are accepting comments on the permit application and draft EA.
In addition, we advise the public that the applicant has developed
a draft CCAA which describes the measures the applicant has volunteered
to implement in an effort to meet the issuance criteria for a
10(a)(1)(A) permit associated with a CCAA. Prior to a permit decision,
the Service must conduct an analysis to determine if the draft CCAA has
met the criteria for the issuance of the requested permit and does not
have any disqualifying factors that would prevent the permit from being
issued. The issuance criteria for CCAAs are found at 50 CFR 17.22(d)(2)
and 50 CFR 17.32(d)(2), and are as follows:
1. The take will be incidental to an otherwise lawful activity and
will be in accordance with the terms of the Candidate Conservation
Agreement with Assurances (50 CFR 17.22(d)(2)(i) and 17.32(d)(2)(i)).
2. The implementation of the terms of the CCAA is reasonably
expected to provide a net conservation benefit to the affected covered
species by contributing to the conservation of the species included in
the permit, and the CCAA otherwise complies with the Candidate
Conservation Agreement with Assurances policy (81 FR 95164; 50 CFR
17.22(d)(2)(ii) and 17.32(d)(2)(ii)).
3. The probable direct and indirect effects of any authorized take
will not appreciably reduce the likelihood of the survival and recovery
in the wild of any species (50 CFR 17.22(d)(2)(iii) and
17.32(d)(2)(iii)).
4. Implementation of the terms of the Candidate Conservation
Agreement with Assurances is consistent with applicable Federal, State,
and Tribal laws and regulations (50 CFR 17.22(d)(2)(iv) and
17.32(d)(2)(iv)).
5. Implementation of the terms of the Candidate Conservation
Agreement with Assurances will not be in conflict with any ongoing
conservation programs for species covered by the permit (50 CFR
17.22(d)(2)(v) and 17.32(d)(2)(v)).
6. The Applicant has shown capability for and commitment to
implementing all of the terms of the Candidate Conservation Agreement
with Assurances (50 CFR 17.22(d)(2)(vi) and 17.32(d)(2)(vi)).
The Service has not yet reached a determination whether the draft
CCAA meets the above permit issuance criteria. We are accepting
comments on the permit relative to the above criteria to assist in our
evaluation including suggested revisions to assist in satisfying the
above criteria.
Background
Section 9 of the ESA and our implementing regulations at 50 CFR
part 17 prohibit the ``take'' of fish or wildlife 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(19)). However, under section 10(a) of the ESA, we may issue
permits to authorize incidental take of listed 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 are found at 50 CFR 17.21-22 and 50 CFR 17.31-32, respectively.
Proposed Action
The proposed action is the issuance of a 10(a)(1)(A) enhancement of
survival permit (permit) to Canyon Environmental, LLC (applicant) and
approval of the proposed Candidate Conservation Agreement with
Assurances for the Dunes Sagebrush Lizard (Sceloporus arenicolus)
(CCAA). The draft CCAA would operate under a programmatic structure.
There would be a single permit holder (the applicant) and a single CCAA
under which multiple participants could be enrolled through
certificates of inclusion (CIs). Individual oil and gas, sand mining,
renewable energy, pipeline, local government, and agricultural entities
interested in participating in the CCAA and seeking incidental take
coverage under the permit could enroll projects under the CCAA and
permit via a CI. Coverage under the permit would only apply to oil and
gas exploration and development, sand mining, renewable energy
development and operations, pipeline construction and operations, local
government activities, agricultural activities, and general
construction activities within the CCAA permit area (covered
activities) on and/or associated with enrolled properties in the CCAA
through execution of a CI in compliance with all elements of the CCAA
and underlying permit. The conservation strategy of the CCAA will be
completed by the applicant, with input from the Service and the
Adaptive Management Committee. Specific conservation measures include
avoidance, minimization, and mitigation and vary for each enrolled
industry sector. New surface disturbance in DSL habitat triggers the
payment of habitat conservation fees and the implementation of
conservation measures to minimize and mitigate for the impacts of the
disturbance. The applicant intends to use the conservation fees to
implement additional conservation measures consistent with the
conservation strategy. The 2020 DSL CCAA is a stand-alone voluntary
conservation
[[Page 74372]]
program for the net conservation benefit of the DSL although
implementation intends to complement other DSL conservation efforts,
including the Texas Conservation Plan, Natural Resource Conservation
Service programs, and the New Mexico conservation programs.
As stated in the draft CCAA, the requested term of the permit would
be up to 23 years from the date the permit is signed and the CCAA is
approved. The permit could be issued for a shorter duration. The
permit, and subsequent CIs, would become effective and authorize
incidental take of the DSL should the DSL become federally listed
during the life of the permit and CCAA, as long as the applicant and
enrolled participants are in compliance with the terms and conditions
of the CCAA, permit, and individual CIs.
The permit, and subsequent CIs, would authorize incidental ``take''
of the DSL associated with implementation of covered activities.
Because take of individual DSL would be difficult to detect, take of
DSL would be quantified using the acres of suitable DSL habitat
impacted through implementation of covered activities by participants
in the CCAA. As proposed in the CCAA, the permit could authorize
incidental take of DSL associated with impacts to up to 34,690 acres of
suitable DSL habitat within the Plan Area which the permit application
estimates as approximately 12 percent of modeled DSL habitat within
Texas.
The applicant has developed, and proposes to implement, the CCAA.
This CCAA is a conservation strategy that includes such actions and
measures the applicant and enrolled participants have voluntarily
agreed to undertake. These actions and measures include potentially
acquiring conservation easements, and the implementation of selected
avoidance and minimization measures to reduce habitat loss and
fragmentation in high and intermediate suitability DSL habitat areas.
As stated in the issuance criteria, the implementation of the
conservation strategy must be reasonably expected to provide a net
conservation benefit and to improve the status of the species. Status
refers to the populations of the species on the enrolled property, or
in this case the covered area in the CCAA.
Alternatives
At this time, we are considering one alternative to the proposed
action as part of this process, the No Action Alternative. However, the
proposed action could also be modified either in response to public and
stakeholder comments or to achieve issuance criterion.
Under No Action Alternative, the Service would not issue the
permit, and therefore this CCAA would not be available.
Next Steps
We will evaluate the permit application, draft CCAA, draft EA,
associated documents, and comments we receive during the comment period
to determine whether the permit application meets the requirements of
ESA, NEPA, and implementing regulations. If we determine that all
requirements are met, we will approve the CCAA and issue the permit
under section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) to the
applicant in accordance with the terms of the CCAA and specific terms
and conditions of the authorizing permit. 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. 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, 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 ask us to 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 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. 4371 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. 2020-25685 Filed 11-19-20; 8:45 am]
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