[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1778-1779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-722]


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DEPARTMENT OF THE INTERIOR

Notice of Scoping Meeting on Intent to Prepare Environmental 
Impact Statement in Anticipation of Receiving a Permit Application to 
Incidentally Take Listed Species From the Endangered San Marcos and 
Comal Springs Ecosystems Under Section 10(a) of the Endangered Species 
Act, by the Bexar Metropolitan Water District and Possibly Others, 
Comal, Bexar, and Hays Counties, Texas

ACTION: Notice of Intent to prepare an environmental impact statement 
and announcement of scoping meeting.

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SUMMARY: This notice advises the public that the Fish and Wildlife 
Service (Service) intends to gather information necessary to prepare an 
Environmental Impact Statement (EIS) for an anticipated incidental take 
permit application, including a required Habitat Conservation Plan, 
from the Bexar Metropolitan Water District (District) and possibly 
others. The species proposed to be taken from the San Marcos and Comal 
Springs Ecosystems (Edwards Aquifer), include the federally-listed San 
Marcos gambusia (Gambusia georgei), fountain darter (Etheostoma 
fonticola), and Texas wild-rice (Zizania texana).
    This notice is provided as required by the Endangered Species Act 
(Act) of 1973, as amended (16 U.S.C.1531 et seq.), (50 CFR 17.22) and 
National Environmental Policy Act (40 CFR 1501.7) regulations.
    The Service is soliciting information and comments on the scope of 
issues to be addressed in the EIS. The National Environmental Policy 
Act (NEPA) process is intended to help public officials make decisions 
that are based on understanding of environmental consequences, and take 
actions that protect, restore, and enhance the human environment. NEPA 
scoping procedures are intended to insure that information on the 
proposed action, alternatives and impacts are solicited from the 
public, and that all information is available to public officials and 
citizens before planning decisions are made. Accurate scientific 
analysis, expert agency comments, and public scrutiny are essential to 
implementing NEPA. NEPA documents concentrate on the issues that are 
significant to the action in question. The Service invites the public 
to submit information and comments either at a meeting on 13 February 
1997, or in writing. The Service requests that comments be as specific 
as possible.
    Major environmental and species concerns in this scoping process 
include the direct, indirect, and cumulative impacts that 
implementation of the proposal could have on endangered and threatened 
species, critical habitat, and other environmental resources, and the 
quality of the human environment. Other relevant issues include effects 
of aquifer and water withdrawal levels on Comal and San Marcos spring 
flows, effects of various aquifer water use management options and 
alternative water supply options on the environments affected by those 
options, and effects on the downstream environment.

DATES: Written comments should be received on or before 1 May 1997. A 
public hearing for receipt of comments will be held in San Antonio, 
Bexar County, Texas, Thursday, 13 February 1997.

ADDRESSES: Comments should be addressed to Steve Helfert, Field 
Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 10711 
Burnet Road, Suite 200, Austin, Texas 78758-4460. The public hearing 
will be held from 7 to 10 pm, at Dwight Middle School, 2454 W. 
Southcross, San Antonio, Texas 78211. For further information on the 
scoping meeting location contact Janie Valenzuela at Bexar Metropolitan 
Water District, 2047 West Malone, San Antonio, Bexar County, Texas 
78225, (210) 345-6500.

FOR FURTHER INFORMATION CONTACT: Alisa M. Shull, U.S. Fish and Wildlife 
Service, at the above address, telephone (512) 490-0057, facsimile 
(512) 490-0974.

SUPPLEMENTARY INFORMATION: The Service proposes to prepare an EIS to 
evaluate the impacts of alternatives associated with issuing an 
incidental take permit under section 10(a)1(B) of the ESA. Several 
parties, including the Bexar Metropolitan Water District, have 
indicated an interest in pursuing incidental take authorization.
    Section 9 of the ESA prohibits the taking of federally listed 
animal species, unless authorized under the provisions of section 7 or 
10 of the ESA. The term ``take'' under the ESA includes actions that 
may directly kill or injure listed species, actions that significantly 
disrupt normal behavioral patterns such as feeding and breeding, and 
actions that detrimentally modify habitat to the extent that it harms 
individuals of the species.
    Section 10(a)(1)(B) allows the Fish and Wildlife Service to permit 
taking of listed species provided that taking is incidental to an 
otherwise legal activity and that it will not jeopardize a listed 
species. A Habitat Conservation Plan (HCP) must be submitted as part of 
the incidental take permit application by the applicant.
    The San Marcos and Comal Springs Ecosystems are dependent upon 
adequate springflow from the San Antonio Segment of the Edwards Aquifer 
to support endangered species and critical habitat, as well as several 
species proposed for federal listing. The Edwards Aquifer is the sole 
source of drinking water for over 1.5 million people in the San Antonio 
Metropolitan Region. Given the growing water use, anticipated for the 
San Antonio Region, an overall management plan seems necessary to 
assure the sustained springflow in the two systems.
    Decline of springflow in the two systems will result in ``take'' of 
listed species and in an appreciable reduction of the value of critical 
habitat, and an appreciable reduction in the likelihood of survival and 
recovery of listed species. The Service has estimated minimum 
springflow for the two

[[Page 1779]]

systems necessary to avoid any of these conditions.
    All parties who either directly withdraw Edwards Aquifer water or 
who reduce recharge to the aquifer, contribute to diminished 
springflows. Between late May and August 1996, minimum necessary flows 
were not sustained in either system, owing to widespread drought 
conditions and the level of a regional pumpage, particularly during 
emergency conditions. In August 1996, a Federal Court found that an 
emergency exists and ordered implementation of emergency measures in 
accord with the 1996 Emergency Withdrawal Reduction Plan, prepared by 
the court appointed Monitor.
    Bexar Metropolitan Water District (District) is the second largest 
water purveyor in Bexar County, Texas and largely dependent upon 
withdrawals from the Edwards Aquifer.
    The District proposes to adopt a Habitat Conservation Plan 
consistent with objectives of the approved San Marcos and Comal Springs 
and Associated Aquatic Ecosystems (Revised) Recovery Plan for the 
spring associated ecosystems, with the Federal Court ruling, and with 
Sections 9 and 10 of the Endangered Species Act. The District proposes 
to reduce its pumpage from the Edwards Aquifer on a pro rata basis to 
achieve compliance with the Withdrawal Reduction Plan. The District 
proposes to accomplish this purpose by implementing one or more 
measures, including but not limited to: development of alternative 
water resources (ground-water resources, surface water resources, reuse 
of treated effluents, etc.), landscape management practices 
(XeriscapeTM, zoned irrigation, designated watering days, etc.); 
employment of water efficient devices; adoption of policies encouraging 
conservation; public education; deployment of alternative technologies 
in intensive water-using industries; other appropriate and effective 
measures; etc.
    The District also proposes to include a mechanism in its Habitat 
Conservation Plan, for inclusion of other pumpers (municipal, 
industrial, commercial, or military) which, acting in concert with the 
District, meet certain criteria (for example, a target reduction rate 
in Edwards Aquifer withdrawals) that would be developed and included in 
the Habitat Conservation Plan and incidental take permit conditions.
    In addition to considering impacts on listed species and their 
habitat, the EIS must include information on impacts from the proposal 
and alternatives to the proposal on other components of the human 
environment. These other components include such things as air and 
water quality, cultural resources, other fish and wildlife species, 
social resources, and economic resources.
    The Fish and Wildlife Service is gathering information necessary 
for the preparation of an EIS. Information such as the following topics 
that would assist the Service in assessing the impacts of the issuance 
of an incidental take permit under the provisions of an HCP is being 
sought: the hydrogeology of the Edwards Aquifer and the effects of 
aquifer levels on springflows at Comal and San Marcos Springs as they 
relate to the habitat needs of federally listed species; potential 
water conservation measures and strategies to reduce the withdrawal 
demands on the Edwards Aquifer and their effects on springflows; 
alternate water supplies and their potential effect on reducing Edwards 
Aquifer water withdrawals and maintaining springflows; effects of 
aquifer level management and springflow changes on the quality of the 
human environment; and, any other issues or suggestions that would be 
relevant toward the Fish and Wildlife Service's review and development 
of alternatives.

Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 97-722 Filed 1-10-97; 8:45 am]
BILLING CODE 4310-55-P