[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16382-16383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06421]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2020-N148; FXES11140200000-212-FF02ENEH00]
Draft Environmental Assessment and Habitat Conservation Plan; CPS
Energy Programmatic Habitat Conservation Plan, Bexar County, Texas
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, announce that CPS
Energy has applied for an incidental take permit (ITP) under the
Endangered Species Act (ESA) that would authorize incidental take of
one endangered songbird, the golden-cheeked warbler, and eight
endangered karst invertebrates. We make available a draft environmental
assessment (dEA) under the National Environmental Policy Act and a
habitat conservation plan (HCP) for CPS Energy's covered activities in
and around San Antonio, Bexar County, Texas. The dEA evaluates the
impacts of, and alternatives to, implementation of the proposed HCP.
DATES: To ensure consideration, written comments must be received or
postmarked on or before 11:59 p.m. eastern time on April 28, 2021. We
may not consider any comments we receive after the closing date in the
final decision on this action.
ADDRESSES: Accessing Documents:
Internet: The dEA and HCP: You may obtain electronic copies of
these documents on the Service's website at https://www.fws.gov/southwest/es/AustinTexas/.
U.S. Mail: You may obtain the documents by writing to the following
addresses. In your request for documents, please reference CPS Energy
HCP.
DEA and HCP: A limited number of CD-ROM and printed copies
of the dEA and HCP are available, by request, from Mr. Adam Zerrenner,
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200,
Austin, Texas 78758; telephone 512-490-0057; fax 512-490-0974.
ITP Application: The ITP application is available by mail
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 CPS Energy HCP.
Email: FW2_AUES_Consult@fws.gov.
Hard Copy: Field Supervisor, Austin Ecological Services
Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758;
telephone 512-490-0057; fax 512-490-0974.
We request that you submit comments by only one of the methods
described above.
FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, by
mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200,
Austin, Texas 78758; via phone at 512-490-0057; or via the Federal
Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Section 9 of the 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, 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, respectively, are found in the Code of Federal Regulations at
50 CFR 17.22 and 50 CFR 17.32.
Background
CPS Energy 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 30 years, if granted, would authorize incidental take of
nine endangered species: Golden-cheeked warbler (Setophaga [=Dendroica]
chrysoparia), Madla Cave meshweaver (Cicurina madla), Government Canyon
Bat Cave spider (Tayshaneta [=Neoleptoneta] microps), Government Canyon
Bat Cave meshweaver (C. vespera), Helotes mold beetle (Batrisodes
venyivi), two ground beetles with no common names (Rhadine exilis and
Rhadine infernalis), Robber Baron Cave meshweaver (C. baronia), and
Cokendolpher cave harvestman (Texella cokendolpheri) (collectively the
covered species). The proposed incidental take would result from
activities associated with otherwise lawful activities, including
electric transmission and distribution lines; natural gas transmission
and distribution lines; electric or natural gas substations, switching
stations, metering stations, and similar site-based facilities; and
lighting on public roadways (covered activities).
Alternatives
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 for covered activities within the permit area. An application
for an ITP must include an HCP 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 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.
No Action Alternative
We have considered one alternative to the proposed action as part
of this process: No Action. Under a No Action alternative, the Service
would not issue the requested ITP and the applicant would either
consult under the ESA on a project-by-project basis, rather than
programmatically, or conduct those activities in a manner that avoids
incidental take. Additionally, the applicant would not implement the
conservation measures as described in the CPS Energy HCP.
Next Steps
We will evaluate the dEA, HCP, and comments we receive to determine
whether the ITP application meets the
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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 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. 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.
[FR Doc. 2021-06421 Filed 3-26-21; 8:45 am]
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