Notice of Availability of a Draft Candidate Conservation Agreement, Draft Candidate Conservation Agreements With Assurances, and Draft Environmental Assessment for Activities Within Eddy County, New Mexico, and Culberson County, Texas, 31625-31627 [2017-14235]
Download as PDF
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Semi-annual reporting is required to
monitor grant management.
Respondents (i.e. affected public):50.
Estimated Number of Respondents:
50.
Estimated Number of Responses: 50.
Frequency of Response: 1.
Average Hours per Response: .76.
Total Estimated Burdens: 527.5.
ESTIMATED BURDEN
Instruments
Annual
responses
Respondents
Total
responses
Burden per
response
Total annual
hours
Hourly rate **
Burden cost
per instrument
HUD–424CB ................
HUD–424CBW–I ..........
HUD–2990 ...................
HUD–2991 ...................
HUD–2993 ...................
HUD–2994A .................
HUD–27061 .................
HUD–27300 .................
50
50
50
50
50
50
50
50
1
1
1
1
1
1
1
1
50
50
50
50
50
50
50
50
2.60
3.20
0.00
0.00
0.00
0.50
1.25
3.00
130.00
160.00
0.00
0.00
0.00
25.00
62.50
150.00
$31.82
31.82
00.00
00.00
00.00
31.82
31.82
31.82
$4,136.60
5,091.20
00.00
00.00
00.00
790.50
1,975.25
4,773.00
Total ......................
........................
........................
........................
1.32
527.50
31.82
16,766.82
B. Solicitation of Public Comment
DEPARTMENT OF THE INTERIOR
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Fish and Wildlife Service
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: June 21, 2017.
Anna P. Guido,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2017–14298 Filed 7–6–17; 8:45 am]
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[FWS–R2–ES–2017–N083;
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Notice of Availability of a Draft
Candidate Conservation Agreement,
Draft Candidate Conservation
Agreements With Assurances, and
Draft Environmental Assessment for
Activities Within Eddy County, New
Mexico, and Culberson County, Texas
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
This notice advises the public
that the Center of Excellence in
Hazardous Material Management
(CEHMM; applicant) and the New
Mexico State Land Office (NMSLO,
applicant) have applied to the Fish and
Wildlife Service (Service) for two
separate enhancement of survival
permits pursuant to the Endangered
Species Act of 1973, as amended (Act).
The permit application includes draft
programmatic candidate conservation
agreement with assurances (CCAA) for
the Texas hornshell and other covered
species (the Rio Grande River cooter,
gray redhorse, blue sucker, and Pecos
springsnail) in west Texas and southeast
New Mexico. A separate permit
application includes a draft
programmatic candidate conservation
agreement with assurances (CCAA) for
the Texas hornshell and other covered
species (the Rio Grande River cooter,
gray redhorse, blue sucker, and Pecos
springsnail) that is valid only on New
Mexico State trust lands. Additionally,
the Service received a draft candidate
conservation agreement (CCA) for the
Texas hornshell and the other covered
species from the Bureau of Land
SUMMARY:
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Management (BLM) that would address
threats to these species on Federal land
in southeastern New Mexico. The
CCAAs, and associated permits, would
authorize incidental take resulting from
voluntary activities to restore, maintain,
enhance, or create habitat for the
covered species. The Service also
announces 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 packages,
including the draft CCA, draft CCAAs,
and draft EA, available for public review
and comment.
DATES: We will accept comments
received or postmarked on or before
August 7, 2017. Any comments we
receive after the closing date or not
postmarked by the closing date may not
be considered in the final decision on
this action.
ADDRESSES: Persons wishing to review
the application may obtain a copy by
writing to the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 4012, Albuquerque, NM
87103, or by emailing fw2_hcp_
permits@fws.gov.
Obtaining Documents:
• Internet: You may obtain copies of
the draft EA, draft CCA, and draft CCAA
on the U.S. Fish and Wildlife Service’s
(Service) Web site at https://
www.fws.gov/southwest/es/newmexico.
• U.S. Mail: A limited number of CD–
ROM and printed copies of the draft EA,
draft CCA, and draft CCAA are
available, by request, from the Field
Supervisor, by mail at New Mexico
Ecological Services Field Office, U.S.
Fish and Wildlife Service, 2105 Osuna
NE., Albuquerque, NM 87113; by phone
at 505–346–2525; or by fax at 505–346–
2542. Please note that your request is in
reference to the draft Candidate
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Conservation Agreement and Candidate
Conservation Agreement with
Assurances for the Texas Hornshell.
• In-Person: Copies of the draft EA,
draft CCA, and draft CCAA are also
available for public inspection and
review at the following locations, by
appointment and written request only, 8
a.m. to 4:30 p.m.:
Æ U.S. Fish and Wildlife Service, 500
Gold Avenue SW., Room 6034,
Albuquerque, NM 87102.
Æ U.S. Fish and Wildlife Service,
New Mexico Ecological Services Field
Office, U.S. Fish and Wildlife Service,
2105 Osuna NE., Albuquerque, NM
87113.
Comment submission: You may
submit comments by one of the
following methods.
• U.S. Mail: New Mexico Ecological
Services Field Office, U.S. Fish and
Wildlife Service, 2105 Osuna NE.,
Albuquerque, NM 87113; by phone at
505–346–2525; or by fax at 505–346–
2542.
• Email: fw2_nm_es@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Debra Hill, New Mexico Ecological
Services Field Office, U.S. Fish and
Wildlife Service, 2105 Osuna NE.,
Albuquerque, NM 87113; by telephone
505–346–2525; or by facsimile 505–
346–2542. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: This
notice advises the public that the Center
of Excellence in Hazardous Material
Management (CEHMM; applicant) and
the New Mexico State Land Office
(NMSLO, applicant) have each applied
to the Service for enhancement of
survival permits pursuant to section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq.; Act). The permit applications
include draft CCAAs for the Texas
hornshell (a mussel species) and other
covered species (the Rio Grande River
cooter, a turtle species; gray redhorse
and blue sucker, two fish species; and
the Pecos springsnail) in west Texas and
southeast New Mexico. The CCAAs and
associated permits would authorize
incidental take resulting from voluntary
activities to restore, maintain, enhance,
or create habitat for these species.
Additionally, the Service received a
draft CCA for the Texas hornshell and
the other covered species from the
Bureau of Land Management (BLM).
The Service also announces the
availability of a draft EA that has been
prepared to evaluate the permit
application in accordance with the
requirements of the National
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Jkt 241001
Environmental Policy Act (42 U.S.C.
4321 et seq.; NEPA). We are making the
permit application packages, including
the draft CCA, draft CCAAs, and draft
EA, available for public review and
comment.
Background
Private and non-Federal property
owners are encouraged to enter into the
CCAA through CEHMM; participants
with leased acres on NMSLO lands are
encouraged to enter into the CCAA
through the NMSLO; and Federal
agencies, permittees, and lessees are
encouraged to enter into the CCA.
Through the CCAAs and CCA the
participants voluntarily undertake
management activities on their
properties to enhance, restore, or
maintain habitat benefiting species that
are proposed for listing under the ESA,
candidates for listing, or species that
may become candidates or proposed for
listing. Enhancement of survival (EOS)
permits are issued to the applicants in
association with approved CCAAs to
authorize incidental take of the covered
species from covered activities, should
the species become listed. Through the
CCAAs and their associated EOS
permits, the Service provides assurances
to property owners that they will not be
subjected to increased land use
restrictions if the covered species
become listed under the ESA in the
future, provided certain conditions are
met. Although there are no assurances
associated with the CCA, enrollees have
a high degree of certainty that they will
not be subject to increased land use
restrictions by the Service if the covered
species become listed under the ESA in
the future.
Application requirements and
issuance criteria for EOS permits for
CCAAs are found in the Code of
Regulations (CFR) at 50 CFR
17.22(d)(2)(ii) and 17.32(d)(2)(ii),
respectively. See also the joint policy on
CCAAs, which was published in the
Federal Register with the Department of
Commerce’s National Oceanic and
Atmospheric Administration, National
Marine Fisheries Service (80 FR 95164;
December 27, 2016).
Proposed Action
The proposed action involves the
issuance of two section 10(a)(1)(A) EOS
permits by the Service to the applicants
and approval of the proposed
programmatic CCA and CCAAs to
facilitate recovery activities on Federal
and non-Federal lands in west Texas
and southeastern New Mexico for the
benefit of the proposed endangered
species candidate Texas hornshell and
other covered sensitive species (the Rio
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Grande River cooter, gray redhorse, blue
sucker, and Pecos springsnail). The
other covered species inhabit the same
habitat and benefit from similar
conservation measures as the Texas
hornshell. The proposed term of the
permits is 30 years.
The proposed CCAAs would
implement conservation measures that
contribute to the recovery of the Texas
hornshell and the other covered species.
The proposed agreements would
include the Service, CEHMM, and
participants in the private lands CCAA,
or the Service, NMSLO, and participants
in the State lands office CCAA. CEHMM
or NMSLO would hold separate EOS
permits and enroll participants, who
would hold individual certificates of
inclusion (CI). Participants in the
CCAAs may include landowners, oil
and gas operators, commercial/
agricultural water withdrawers, and
livestock producers that hold leases,
permits, or other authorizations on
private or State lands. The EOS permits’
authorization of ‘‘take’’ would become
effective if any of the species become
listed, as long as the enrolled landowner
is in compliance with the terms and
conditions of the respective CCAA, their
CI, and the EOS permit. The CCAAs, the
EOS permits, and the CIs would provide
incentives for non-Federal property
owners to participate in conservation
efforts for the Texas hornshell and the
other covered species.
The CCAAs are part of a larger
conservation effort for the Texas
hornshell and the covered species
within New Mexico that includes the
CCA among the Service, the Bureau of
Land Management, CEHMM, and
participants that address conservation
measures for the same species on
Federal land. Participants in the CCA
each hold an individual certificate of
participation (CP) and include oil and
gas operators, commercial/agricultural
water withdrawers, livestock producers,
Carlsbad Irrigation District, and other
interested stakeholders that hold
Federal leases, permits, or other
authorizations. The CCA cannot include
an EOS permit, and therefore, any
enrolled Federal land management
agency is not authorized for incidental
take of the covered species in the event
a listing occurs, and no assurances are
provided by the Service to Federal land
management agencies. Instead, if any of
the covered species are listed under the
Act, incidental take will be provided
under a biological opinion, granting the
participants a high degree of certainty
that additional conservation measures
or limitations, above those contained in
the CCA and individual CPs, will not be
imposed upon them should one or more
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of the species become listed in the
future.
We have worked with the applicants
to design conservation activities
expected to have a net conservation
benefit to the covered species within the
covered area; however, landowners and
enrollees would not have to conduct
every activity in this list in order for
their actions to have a net conservation
benefit on the covered species. Each
participant will need to follow their
individual CIs or CPs and the
conservation measures included within.
Some examples of these conservation
actions include the following: (1)
Prevent new surface disturbance in
habitat occupied by the Texas hornshell
within the Black and Delaware Rivers;
(2) Avoid new development within the
Black and Delaware Rivers, Blue
Springs, and their associated U.S.
Geological Survey (USGS) 100-year
floodplain; (3) Site new projects to take
advantage of existing and available
infrastructure; (4) Avoid obstructing or
disrupting the natural flow of ephemeral
drainages to the Black and Delaware
Rivers; (5) Implement erosion control
measures; (6) Avoid water withdrawal
in habitat occupied by the Texas
hornshell within the Black and
Delaware Rivers; (7) Maintain minimal
stream flows and cease withdrawal of
water within the Black and Delaware
Rivers if stream flows reach minimum
levels; (8) Avoid using low-water
crossings when other routes are
available; (9) Clear invasive shrubs and
replant with native plants in areas
adjacent to occupied sites; and (10) Buy
or lease water rights during periods of
low flow to maintain minimal stream
flows.
Alternatives
We considered four alternatives to the
proposed action as part of the
environmental assessment process—the
No Action Alternative; Development of
a CCA only Alternative; Development of
a CCAA only Alternative; and,
Development of a CCA and CCAA
(covering both private and State lands).
Under the No Action Alternative, a
coordinated effort to conserve the
covered species on non-Federal
properties using a programmatic CCA
and CCAA would not occur. Under the
CCA only and the CCAA only
alternatives, conservation would only be
coordinated on either non-Federal or
Federal lands rather than having a
coordinated effort across the Black and
Delaware Rivers. Under the CCA and
CCAA alternative, conservation would
be the same as the proposed action;
however, State lands and private lands
would be enrolled in the same CCAA.
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Next Steps
DEPARTMENT OF THE INTERIOR
We will evaluate the permit
applications, associated documents, and
comments we receive to determine
whether the permit application meets
the requirements of the Act, National
Environmental Policy Act (NEPA), and
implementing regulations. If we
determine that all requirements are met,
we will sign the proposed CCAAs, issue
EOS permits under section 10(a)(1)(A)
of the Act to CEHMM and the NMSLO
for take of Texas hornshell and the other
covered species in accordance with the
terms of the CCAAs and specific terms
and conditions of the authorizing
permits, and sign the proposed CCA
with BLM. We will not make our final
decision until after the end of the 30day public comment period, and we
will fully consider all comments we
receive during the public comment
period.
Bureau of Land Management
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
representative 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 Act and its implementing
regulations (50 CFR 17.22 and 17.32)
and NEPA and its implementing
regulations (40 CFR 1506.6).
Benjamin N. Tuggle,
Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2017–14235 Filed 7–6–17; 8:45 am]
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[LLORN00100.L63340000.PH0000.
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Public Meeting for the Northwest
Oregon Resource Advisory Council
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM) Northwest
Oregon Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The Northwest Oregon RAC will
hold a public meeting on Wednesday,
July 26, 2017, from 9 a.m. to 5 p.m.,
Pacific Daylight Time.
ADDRESSES: The Northwest Oregon RAC
will meet at the BLM Springfield
Interagency Office, 3106 Pierce
Parkway, Springfield, OR 97477.
FOR FURTHER INFORMATION CONTACT:
Jennifer Velez, Public Affairs Officer,
1717 Fabry Road SE., Salem, OR 97306;
541–222–9241; jvelez@blm.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Relay Service (FRS) at 1(800) 877–8339
to contact the above individuals during
normal business hours. The FRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individuals. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The 15member Northwest Oregon RAC was
chartered to serve in an advisory
capacity concerning the planning and
management of the public land
resources located within the BLM’s
Northwest Oregon District. Members
represent an array of stakeholder
interests in the land and resources from
within the local area and statewide. All
advisory council meetings are open to
the public. Persons wishing to make
comments during the public comment
period should register in person with
the BLM, at the meeting location,
preceding that meeting day’s comment
period. At the July 26 meeting, members
will consider and make
recommendations on the reallocation of
Secure Rural Schools Title II funds.
Other topics will include general
updates, a review of subcommittee and
future field trip opportunities, and
likely a presentation by the Association
of Oregon Counties pertaining to the
Oregon and California Railroad
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31625-31627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14235]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2017-N083; FXES11140200000-178-FF02ENEH00]
Notice of Availability of a Draft Candidate Conservation
Agreement, Draft Candidate Conservation Agreements With Assurances, and
Draft Environmental Assessment for Activities Within Eddy County, New
Mexico, and Culberson County, Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that the Center of Excellence
in Hazardous Material Management (CEHMM; applicant) and the New Mexico
State Land Office (NMSLO, applicant) have applied to the Fish and
Wildlife Service (Service) for two separate enhancement of survival
permits pursuant to the Endangered Species Act of 1973, as amended
(Act). The permit application includes draft programmatic candidate
conservation agreement with assurances (CCAA) for the Texas hornshell
and other covered species (the Rio Grande River cooter, gray redhorse,
blue sucker, and Pecos springsnail) in west Texas and southeast New
Mexico. A separate permit application includes a draft programmatic
candidate conservation agreement with assurances (CCAA) for the Texas
hornshell and other covered species (the Rio Grande River cooter, gray
redhorse, blue sucker, and Pecos springsnail) that is valid only on New
Mexico State trust lands. Additionally, the Service received a draft
candidate conservation agreement (CCA) for the Texas hornshell and the
other covered species from the Bureau of Land Management (BLM) that
would address threats to these species on Federal land in southeastern
New Mexico. The CCAAs, and associated permits, would authorize
incidental take resulting from voluntary activities to restore,
maintain, enhance, or create habitat for the covered species. The
Service also announces 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
packages, including the draft CCA, draft CCAAs, and draft EA, available
for public review and comment.
DATES: We will accept comments received or postmarked on or before
August 7, 2017. Any comments we receive after the closing date or not
postmarked by the closing date may not be considered in the final
decision on this action.
ADDRESSES: Persons wishing to review the application may obtain a copy
by writing to the Regional Director, U.S. Fish and Wildlife Service,
P.O. Box 1306, Room 4012, Albuquerque, NM 87103, or by emailing
fw2_hcp_permits@fws.gov.
Obtaining Documents:
Internet: You may obtain copies of the draft EA, draft
CCA, and draft CCAA on the U.S. Fish and Wildlife Service's (Service)
Web site at https://www.fws.gov/southwest/es/newmexico.
U.S. Mail: A limited number of CD-ROM and printed copies
of the draft EA, draft CCA, and draft CCAA are available, by request,
from the Field Supervisor, by mail at New Mexico Ecological Services
Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE.,
Albuquerque, NM 87113; by phone at 505-346-2525; or by fax at 505-346-
2542. Please note that your request is in reference to the draft
Candidate
[[Page 31626]]
Conservation Agreement and Candidate Conservation Agreement with
Assurances for the Texas Hornshell.
In-Person: Copies of the draft EA, draft CCA, and draft
CCAA are also available for public inspection and review at the
following locations, by appointment and written request only, 8 a.m. to
4:30 p.m.:
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room
6034, Albuquerque, NM 87102.
[cir] U.S. Fish and Wildlife Service, New Mexico Ecological
Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE.,
Albuquerque, NM 87113.
Comment submission: You may submit comments by one of the following
methods.
U.S. Mail: New Mexico Ecological Services Field Office,
U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113;
by phone at 505-346-2525; or by fax at 505-346-2542.
Email: fw2_nm_es@fws.gov.
FOR FURTHER INFORMATION CONTACT: Debra Hill, New Mexico Ecological
Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE.,
Albuquerque, NM 87113; by telephone 505-346-2525; or by facsimile 505-
346-2542. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: This notice advises the public that the
Center of Excellence in Hazardous Material Management (CEHMM;
applicant) and the New Mexico State Land Office (NMSLO, applicant) have
each applied to the Service for enhancement of survival permits
pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.; Act). The permit applications
include draft CCAAs for the Texas hornshell (a mussel species) and
other covered species (the Rio Grande River cooter, a turtle species;
gray redhorse and blue sucker, two fish species; and the Pecos
springsnail) in west Texas and southeast New Mexico. The CCAAs and
associated permits would authorize incidental take resulting from
voluntary activities to restore, maintain, enhance, or create habitat
for these species. Additionally, the Service received a draft CCA for
the Texas hornshell and the other covered species from the Bureau of
Land Management (BLM). The Service also announces the availability of a
draft EA that has been prepared to evaluate the permit application in
accordance with the requirements of the National Environmental Policy
Act (42 U.S.C. 4321 et seq.; NEPA). We are making the permit
application packages, including the draft CCA, draft CCAAs, and draft
EA, available for public review and comment.
Background
Private and non-Federal property owners are encouraged to enter
into the CCAA through CEHMM; participants with leased acres on NMSLO
lands are encouraged to enter into the CCAA through the NMSLO; and
Federal agencies, permittees, and lessees are encouraged to enter into
the CCA. Through the CCAAs and CCA the participants voluntarily
undertake management activities on their properties to enhance,
restore, or maintain habitat benefiting species that are proposed for
listing under the ESA, candidates for listing, or species that may
become candidates or proposed for listing. Enhancement of survival
(EOS) permits are issued to the applicants in association with approved
CCAAs to authorize incidental take of the covered species from covered
activities, should the species become listed. Through the CCAAs and
their associated EOS permits, the Service provides assurances to
property owners that they will not be subjected to increased land use
restrictions if the covered species become listed under the ESA in the
future, provided certain conditions are met. Although there are no
assurances associated with the CCA, enrollees have a high degree of
certainty that they will not be subject to increased land use
restrictions by the Service if the covered species become listed under
the ESA in the future.
Application requirements and issuance criteria for EOS permits for
CCAAs are found in the Code of Regulations (CFR) at 50 CFR
17.22(d)(2)(ii) and 17.32(d)(2)(ii), respectively. See also the joint
policy on CCAAs, which was published in the Federal Register with the
Department of Commerce's National Oceanic and Atmospheric
Administration, National Marine Fisheries Service (80 FR 95164;
December 27, 2016).
Proposed Action
The proposed action involves the issuance of two section
10(a)(1)(A) EOS permits by the Service to the applicants and approval
of the proposed programmatic CCA and CCAAs to facilitate recovery
activities on Federal and non-Federal lands in west Texas and
southeastern New Mexico for the benefit of the proposed endangered
species candidate Texas hornshell and other covered sensitive species
(the Rio Grande River cooter, gray redhorse, blue sucker, and Pecos
springsnail). The other covered species inhabit the same habitat and
benefit from similar conservation measures as the Texas hornshell. The
proposed term of the permits is 30 years.
The proposed CCAAs would implement conservation measures that
contribute to the recovery of the Texas hornshell and the other covered
species. The proposed agreements would include the Service, CEHMM, and
participants in the private lands CCAA, or the Service, NMSLO, and
participants in the State lands office CCAA. CEHMM or NMSLO would hold
separate EOS permits and enroll participants, who would hold individual
certificates of inclusion (CI). Participants in the CCAAs may include
landowners, oil and gas operators, commercial/agricultural water
withdrawers, and livestock producers that hold leases, permits, or
other authorizations on private or State lands. The EOS permits'
authorization of ``take'' would become effective if any of the species
become listed, as long as the enrolled landowner is in compliance with
the terms and conditions of the respective CCAA, their CI, and the EOS
permit. The CCAAs, the EOS permits, and the CIs would provide
incentives for non-Federal property owners to participate in
conservation efforts for the Texas hornshell and the other covered
species.
The CCAAs are part of a larger conservation effort for the Texas
hornshell and the covered species within New Mexico that includes the
CCA among the Service, the Bureau of Land Management, CEHMM, and
participants that address conservation measures for the same species on
Federal land. Participants in the CCA each hold an individual
certificate of participation (CP) and include oil and gas operators,
commercial/agricultural water withdrawers, livestock producers,
Carlsbad Irrigation District, and other interested stakeholders that
hold Federal leases, permits, or other authorizations. The CCA cannot
include an EOS permit, and therefore, any enrolled Federal land
management agency is not authorized for incidental take of the covered
species in the event a listing occurs, and no assurances are provided
by the Service to Federal land management agencies. Instead, if any of
the covered species are listed under the Act, incidental take will be
provided under a biological opinion, granting the participants a high
degree of certainty that additional conservation measures or
limitations, above those contained in the CCA and individual CPs, will
not be imposed upon them should one or more
[[Page 31627]]
of the species become listed in the future.
We have worked with the applicants to design conservation
activities expected to have a net conservation benefit to the covered
species within the covered area; however, landowners and enrollees
would not have to conduct every activity in this list in order for
their actions to have a net conservation benefit on the covered
species. Each participant will need to follow their individual CIs or
CPs and the conservation measures included within. Some examples of
these conservation actions include the following: (1) Prevent new
surface disturbance in habitat occupied by the Texas hornshell within
the Black and Delaware Rivers; (2) Avoid new development within the
Black and Delaware Rivers, Blue Springs, and their associated U.S.
Geological Survey (USGS) 100-year floodplain; (3) Site new projects to
take advantage of existing and available infrastructure; (4) Avoid
obstructing or disrupting the natural flow of ephemeral drainages to
the Black and Delaware Rivers; (5) Implement erosion control measures;
(6) Avoid water withdrawal in habitat occupied by the Texas hornshell
within the Black and Delaware Rivers; (7) Maintain minimal stream flows
and cease withdrawal of water within the Black and Delaware Rivers if
stream flows reach minimum levels; (8) Avoid using low-water crossings
when other routes are available; (9) Clear invasive shrubs and replant
with native plants in areas adjacent to occupied sites; and (10) Buy or
lease water rights during periods of low flow to maintain minimal
stream flows.
Alternatives
We considered four alternatives to the proposed action as part of
the environmental assessment process--the No Action Alternative;
Development of a CCA only Alternative; Development of a CCAA only
Alternative; and, Development of a CCA and CCAA (covering both private
and State lands). Under the No Action Alternative, a coordinated effort
to conserve the covered species on non-Federal properties using a
programmatic CCA and CCAA would not occur. Under the CCA only and the
CCAA only alternatives, conservation would only be coordinated on
either non-Federal or Federal lands rather than having a coordinated
effort across the Black and Delaware Rivers. Under the CCA and CCAA
alternative, conservation would be the same as the proposed action;
however, State lands and private lands would be enrolled in the same
CCAA.
Next Steps
We will evaluate the permit applications, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the Act, National Environmental Policy Act (NEPA),
and implementing regulations. If we determine that all requirements are
met, we will sign the proposed CCAAs, issue EOS permits under section
10(a)(1)(A) of the Act to CEHMM and the NMSLO for take of Texas
hornshell and the other covered species in accordance with the terms of
the CCAAs and specific terms and conditions of the authorizing permits,
and sign the proposed CCA with BLM. We will not make our final decision
until after the end of the 30-day public comment period, and we will
fully consider all comments we receive during the public comment
period.
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 representative 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 Act and its
implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its
implementing regulations (40 CFR 1506.6).
Benjamin N. Tuggle,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-14235 Filed 7-6-17; 8:45 am]
BILLING CODE 4333-15-P