[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6625-6627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01176]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2016-N199; FXES11140200000F2-178-FF02ENEH00]


Notice of Intent To Prepare a Draft Environmental Impact 
Statement for a Proposed Habitat Conservation Plan for the Endangered 
American Burying Beetle for American Electric Power in Oklahoma, 
Arkansas, and Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; announcement of meetings; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
notifying the public that we intend to prepare a draft environmental 
impact statement (EIS) to evaluate the impacts of alternatives relating 
to the proposed issuance of an Endangered Species Act (ESA) Incidental 
Take Permit (ITP) in response to the American Electric Power

[[Page 6626]]

Habitat Conservation Plan (HCP). The ITP is needed to cover incidental 
take of the endangered American burying beetle (ABB) from activities 
associated with construction, operation, and/or maintenance of electric 
transmission and distribution lines or other associated infrastructure. 
American Electric Power (AEP) intends to apply for an ITP under the ESA 
and agrees to develop and implement the proposed HCP. We also are 
announcing the initiation of a public scoping process to engage 
Federal, Tribal, State, and local governments and the public in the 
identification of issues and concerns, potential impacts, and possible 
alternatives to the proposed action.

DATES: In order to be included in the analysis, all comments must be 
received or postmarked by February 21, 2017. See SUPPLEMENTARY 
INFORMATION regarding meeting dates.

ADDRESSES: Please provide comments in writing, by one of the following 
methods:
    Email: [email protected];
    Facsimile: 918-581-7467, Attn: OKES HCP EIS; or
    U.S. mail: Field Supervisor, Oklahoma Ecological Services Field 
Office, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 
74129.
    Please specify that your information request or comments concern 
the AEP draft EIS/HCP (TE01909C).
    See SUPPLEMENTARY INFORMATION regarding meeting locations.

FOR FURTHER INFORMATION CONTACT: Jonna Polk, by U.S. mail at the U.S. 
Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 
9014 E. 21st St., Tulsa, OK 74129, or by phone at 918-581-7458. If you 
use a telecommunications device for the deaf (TDD), please call the 
Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We publish this notice in compliance with 
the National Environmental Policy Act of 1969 (NEPA), as amended (42 
U.S.C. 4321 et seq.), and its implementing regulations (40 CFR 1501.7, 
1506.6, and 1508.22), and section 10(c) of the Endangered Species Act 
of 1973 (the Act), as amended (16 U.S.C. 1539(c)). We intend to gather 
the information necessary to determine impacts and alternatives to 
support a decision regarding the potential issuance of an incidental 
take permit to AEP, and the implementation of the supporting draft 
habitat conservation plan (HCP).

Meeting Information

    We will conduct four public scoping meetings within the 62-county 
proposed covered area, which includes the ABB range: Tulsa, OK; 
McAlester, OK; Fort Smith, AR; and Texarkana, TX. Exact meeting 
locations and times will be announced in local newspapers and on 
Service Web sites at least 2 weeks prior to each event (Oklahoma 
Ecological Services Office Web site, http://www.fws.gov/southwest/es/Oklahoma/; Arkansas Ecological Services Office Web site, https://www.fws.gov/arkansas-es/; and Arlington, Texas, Ecological Services 
Office Web site, https://www.fws.gov/southwest/es/ArlingtonTexas/). The 
scoping meetings will provide the public with an opportunity to ask 
questions and discuss issues with Service staff regarding the EIS and 
provide written comments.
    Persons needing reasonable accommodations in order to attend and 
participate in a public meeting should contact us at the address listed 
in ADDRESSES no later than 1 week before the relevant public meeting. 
Information regarding this proposed action is available in alternative 
formats upon request.
    We will accept written comments at each meeting. You may also 
submit written comments to the Field Supervisor at the email or U.S. 
mail addresses in ADDRESSES.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered or threatened (16 U.S.C. 1531-1544). Under 
section 3 of the ESA, the term ``take'' means to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to 
engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' is 
further defined by regulation as an act that actually kills or injures 
wildlife. Such act may include significant habitat modification or 
degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
also further defined in the regulations as an intentional or negligent 
act or omission that creates the likelihood of injury to wildlife by 
annoying it to such an extent as to significantly disrupt normal 
behavioral patterns, which include, but are not limited to, breeding, 
feeding, or sheltering (50 CFR 17.3).
    Under section 10(a)(1)(B) of the Act, the Secretary of the Interior 
may authorize the taking of federally listed species if such taking 
occurs incidental to otherwise legal activities and where a 
conservation plan has been developed under section 10(a)(2)(A) that 
describes: (1) The impact that will likely result from such taking; (2) 
the steps an applicant will take to minimize and mitigate that take to 
the maximum extent practicable and the funding that will be available 
to implement such steps; (3) the alternative actions to such taking 
that an applicant considered and the reasons why such alternatives are 
not being utilized; and (4) other measures that the Service may require 
as being necessary or appropriate for the purposes of the plan. 
Issuance criteria under section 10(a)(2)(B) for an incidental take 
permit require the Service to find that: (1) The taking will be 
incidental to otherwise lawful activities; (2) an applicant will, to 
the maximum extent practicable, minimize and mitigate the impacts of 
such taking; (3) an applicant has ensured that adequate funding for the 
plan will be provided; (4) the taking will not appreciably reduce the 
likelihood of the survival and recovery of the species in the wild; and 
(5) the measures, if any, we require as necessary or appropriate for 
the purposes of the plan will be met. Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32, 
respectively.

Public Scoping

    A primary purpose of the scoping process is to receive suggestions 
and information on the scope of issues and alternatives to consider 
when drafting the EIS, and to identify significant issues and 
reasonable alternatives related to the Service's proposed action 
(issuance of the ITP under the AEP HCP). In order to ensure that we 
identify a range of issues and alternatives related to the proposed 
action, we invite comments and suggestions from all interested parties. 
We will conduct a review of this project according to the requirements 
of NEPA and its regulations, other relevant Federal laws, regulations, 
policies, and guidance, and our procedures for compliance with 
applicable regulations.
    Once the draft EIS and draft HCP are completed, we will offer 
further opportunities for public comment on the content of these 
documents through additional public meetings and a 90-day public 
comment period.

Alternatives

No-Action Alternative

    Under the no-action alternative, AEP would comply with the Act by 
avoiding impacts to (take of) the ABB where practicable. If take cannot 
be avoided and there is Federal involvement in the project (for 
example, a Federal permit, such as a Corps of Engineers section 404

[[Page 6627]]

Clean Water Act permit, authorization, or funding exists), AEP may 
receive take coverage through a biological opinion issued by the 
Service to the Federal action agency. If there is no Federal 
involvement in the project, AEP can apply for an incidental take permit 
from the Service. This approach is more time consuming and less 
efficient, because permits would need to be considered and processed 
one project at a time, which could result in an isolated, independent 
mitigation approach.

Proposed Alternative

    The proposed action is issuance of an incidental take permit for 
the covered species during construction, operation, and/or maintenance 
of electric transmission and distribution lines or other associated 
infrastructure. The proposed HCP, which must meet the requirements in 
section 10(a)(2)(A) of the Act, would be developed in coordination with 
the Service and implemented by AEP. This alternative will allow for a 
comprehensive mitigation approach for authorized impacts and result in 
a more efficient and timely permit processing effort for the Service 
and AEP. Actions covered under the requested incidental take permit may 
include possible take of covered species associated with activities 
including, but not limited to, construction, operation, and/or 
maintenance of electric transmission and distribution lines or other 
associated infrastructure. The proposed permit submitted by American 
Energy Power provides coverage for a period of 30 years.
    Sixty-two counties are in the proposed permit area, including 
Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Cleveland, Coal, Craig, 
Creek, Delaware, Garvin, Haskell, Hughes, Johnston, Kay, Latimer, Le 
Flore, Lincoln, Logan, Love, Marshall, Mayes, McClain, McCurtain, 
McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Oklahoma, 
Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, 
Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner, 
and Washington Counties in Oklahoma; Clark, Crawford, Franklin, 
Hempstead, Johnson, Little River, Logan, Miller, Sebastian, Scott, and 
Yell Counties in Arkansas; and Bowie, Fannin, Lamar, and Red River 
Counties in Texas. The species covered under the requested incidental 
take permit is the ABB. We will be evaluating whether the covered 
activities will impact other species and whether they should be 
included on the permit or if management practices can be implemented 
that are sufficient to avoid take. These species and their legal status 
include:
     American alligator (Alligator mississippiensis)--
Threatened (Similarity of Appearance)
     Arkansas fatmucket (Lampsilis powellii)--Threatened
     Arkansas River shiner (Notropis girardi)--Threatened, 
Arkansas R. Basin population, with Critical Habitat
     Gray bat (Myotis grisescens)--Endangered
     Harperella (Ptilimnium nodosum)--Endangered
     Indiana bat (Myotis sodalis)--Endangered
     Least tern (Sterna antillarum [now recognized as a 
subspecies athalassos])--Endangered, interior population
     Leopard darter (Percina pantherina)--Threatened with 
Critical Habitat
     Neosho madtom (Noturus placidus)--Threatened
     Neosho mucket (Lampsilis rafinesqueana)--Endangered with 
Critical Habitat
     Northern long-eared bat (Myotis septentrionalis)--
Threatened
     Ouachita Rock pocketbook (Arkansia wheeleri)--Endangered
     Ozark big-eared bat (Corynorhinus townsendii ingens)--
Endangered
     Ozark cavefish (Amblyopsis rosae)--Threatened
     Pink mucket (Lampsilis abrupta)--Endangered
     Piping plover (Charadrius melodus)--Threatened; except 
Great Lakes watershed population
     Rabbitsfoot (Quadrula cylindrica cylindrica)--Threatened 
with Critical Habitat
     Red-cockaded woodpecker (Picoides borealis)--Endangered
     Scaleshell mussel (Leptodea leptodon)--Endangered
     Spectaclecase (Cumberlandia monodonta)--Endangered
     Whooping crane (Grus americana)--Endangered; except in the 
experimental population area
     Winged mapleleaf (Quadrula fragosa)--Endangered; except 
where listed as experimental populations
    We do not anticipate that covered activities will result in take of 
all these species, but we seek comments to help inform our evaluation.
    We also will evaluate whether covered activities are likely to 
impact the bald eagle (Haliaeetus leucocephalus) and golden eagle 
(Aquila chrysaetos), protected under the Bald and Golden Eagle 
Protection Act (16 U.S.C. 668 et seq.).

Other Alternatives

    We seek information regarding other reasonable alternatives during 
this scoping period and will evaluate the impacts associated with such 
alternatives in the draft EIS.

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 the entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing the EIS, will be available for public 
inspection, by appointment, during normal business hours at the 
Service's Oklahoma Ecological Services Field Office in Tulsa, Oklahoma, 
(see ADDRESSES, above).

Benjamin N. Tuggle,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2017-01176 Filed 1-18-17; 8:45 am]
BILLING CODE 4333-15-P