[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]


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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.

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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 
[email protected].
    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: [email protected].

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