[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 42004-42005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14982]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2020-N069; FXES11140200000-201-FF02ENEH00]


Receipt of Application for an Incidental Take Permit and Draft 
Habitat Conservation Plan for Five Species; Texas Parks and Wildlife 
Department, Balmorhea State Park, Texas; Low-Effect Screening Form for 
a Categorical Exclusion

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, have received an 
application from the Texas Parks and Wildlife Department (TPWD) for an 
incidental take permit (ITP), accompanied by TPWD's habitat 
conservation plan (HCP) for the Balmorhea State Park Management Plan. 
The ITP, which would be granted under the Endangered Species Act, would 
authorize incidental take of five federally endangered species. A low-
effect screening form supporting a categorical exclusion is also 
available for public review. We request public comment on the ITP 
application, HCP, and low-effect screening form.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before August 12, 2020.

ADDRESSES: Accessing Documents:
    Internet: Low effect screening form and HCP: https://www.fws.gov/southwest/es/AustinTexas/.
    U.S. Mail: You may obtain the documents at the following addresses. 
In your request for documents, please reference Balmorhea State Park 
HCP.
     Low-effect screening form and HCP: A limited number of CD-
ROM and printed hardcopies are available from Mr. Adam Zerrenner, Field 
Supervisor, Austin Ecological Services Field Office, Austin, TX, 78758; 
telephone 512-490-0057.
     ITP application: Hardcopies are available 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 Balmorhea State Park HCP.
     Email: [email protected].
     U.S. Mail: Field Supervisor, Austin Ecological Services 
Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758; telephone 
512-490-0057.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, by 
mail (see above), via phone at 512-490-0057, or via the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Under the Endangered Species Act (ESA; 16 
U.S.C 1531 et seq.), we, the U.S. Fish and Wildlife Service (Service), 
have received an application from the Texas Parks and Wildlife 
Department (TPWD) for an incidental take permit (ITP), along with an 
accompanying habitat conservation plan (HCP) for the Balmorhea State 
Park Management Plan. If granted, the ITP would authorize incidental 
take of five federally endangered species resulting from the ongoing 
management of Balmorhea State Park.
    The HCP included with the ITP application is for five endangered 
species that occur at San Solomon Springs, located at Balmorhea State 
Park, Balmorhea, Texas. The HCP describes TPWD's plans to minimize and 
mitigate the effects of the operation and maintenance of the pool at 
Balmorhea State Park. We have made a preliminary determination that the 
HCP is eligible for categorical exclusion under the National 
Environmental Policy Act. The basis for this determination is contained 
in a low-effect screening form for a categorical exclusion (low-effect 
screening form), which evaluates the impacts of implementation of the 
proposed HCP.
    We request public comment on the ITP application, HCP, and low-
effect screening form.

Background

    Section 9 of the ESA 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 the incidental take of 
threatened and endangered 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.

Application

    The TPWD 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 10 years, if granted, would authorize incidental take of 
the Comanche Springs pupfish (Cyprinodon elegans), Pecos gambusia 
(Gambusia nobilis), Phantom tryonia (Tryonia cheatumi), diminutive 
amphipod (Gammarus hyalleloides), and Phantom springsnail (Pyrgulopsis 
texana). The proposed incidental take would result from activities 
associated with otherwise lawful activities, including the ongoing 
operation and maintenance of the swimming pool at Balmorhea State Park. 
The HCP and associated permit would implement a voluntary conservation 
plan to protect and conserve five aquatic endangered species occurring 
at Balmorhea State Park. The conservation strategy includes 
conservation measures to minimize and mitigate direct and indirect 
impacts to the five species and their aquatic habitat and an adaptive 
management program. If approved, the ITP would be for a 10-year period 
following permit issuance and would authorize incidental take of the 
five species, all of which are listed as endangered under the ESA.

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 associated with operation and maintenance of the Balmorhea 
State Park including the swimming pool, pupfish refugium, and Hubbs 
Ci[eacute]nega. 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.

Next Steps

    We will evaluate the HCP and comments we receive on the low-effect 
screening form to determine whether the ITP application meets the 
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

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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. We will not consider anonymous 
comments. 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, Albuquerque, New Mexico.
[FR Doc. 2020-14982 Filed 7-10-20; 8:45 am]
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