[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41123-41124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13337]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2023-N032; FXES11160200000-234-FF02ENEH00]


Candidate Conservation Agreement With Assurances for the Texas 
Pimpleback (Cyclonaias petrina), Texas Fawnsfoot (Truncilla macrodon), 
Texas Fatmucket (Lampsilis bracteata), and Balcones Spike (Fusconaia 
iheringi) in the Lower Colorado River Basin Below O.H. Ivie Reservoir

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: This notice advises the public that the Lower Colorado River 
Authority (LCRA) and Lower Colorado River Authority Transmission 
Services Corporation (LCRA TSC), have applied for an enhancement of 
survival (EOS) permit supported by the Candidate Conservation Agreement 
with Assurances for the Texas pimpleback (Cyclonaias petrina), Texas 
fawnsfoot (Truncilla macrodon), Texas fatmucket (Lampsilis bracteata), 
and Balcones spike (Fusconaia iheringi) in the Lower Colorado River 
Basin below O.H. Ivie Reservoir (CCAA). LCRA is a conservation and 
reclamation district in the State of Texas that provides multiple 
services in the Colorado River basin, including managing water 
supplies, managing floods along the Highland Lakes, producing and 
delivering power, managing parks and recreation areas, and supporting 
community development. LCRA TSC is a nonprofit corporation conducting 
electric transmission operations within Texas. They own and operate 
5,500 circuit miles of electric transmission lines and maintain and 
operate equipment at approximately 430 electric substations across the 
state. The requested EOS permit, if approved, would authorize 
incidental take of four proposed freshwater mussel species, Texas 
pimpleback, Texas fawnsfoot, Texas fatmucket, and Balcones spike 
resulting from activities covered by the CCAA, including freshwater 
mussel conservation actions, operations, inspections, repairs, 
construction, and maintenance activities in the Colorado River basin in 
Texas. We have made a preliminary determination that the CCAA is 
eligible for categorical exclusion under the National Environmental 
Policy Act (NEPA). The basis for this determination is contained in a 
draft NEPA screening form to support the use of a categorical exclusion 
under NEPA, which evaluates the impacts of EOS permit issuance and 
implementation of the proposed CCAA. The documents available for 
comment include the NEPA screening form, the CCAA, and the EOS permit 
application.

DATES: We will accept comments received on or before July 24, 2023.

ADDRESSES: Accessing Documents:
    Internet: The NEPA screening form, CCAA, and EOS permit 
application: You may obtain electronic copies of these documents on the 
Service's website at https://www.fws.gov/office/austin-ecological-services/news.
    U.S. Mail: You may obtain the documents at the following addresses. 
In your request for documents, please reference Lower Colorado River 
Authority CCAA.
     NEPA screening form and CCAA: A limited number of CD-ROM 
and printed copies of the NEPA screening form and CCAA are available, 
by request, from Karen Myers, Field Supervisor, Austin Ecological 
Services Field Office, Austin, TX, 78754, telephone 512-937-7371.
     EOS permit application: The EOS permit application is 
available by mail 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 the Lower Colorado River 
Authority CCAA.
     Email: Submit comments to [email protected].
     U.S. Mail: Karen Myers, Field Supervisor, Austin 
Ecological Services Field Office, 1505 Ferguson Lane, Austin, TX 78754.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Karen Myers, Field Supervisor, by mail 
at U.S. Fish and Wildlife Service, 1505 Ferguson Lane, Austin, TX 
78754; via phone at 512-937-7371. Individuals in the United States who 
are deaf, deafblind, hard of hearing, or have a speech disability may 
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft screening form 
supporting a categorical exclusion, under the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), that evaluates the 
impacts of implementation of the proposed Candidate Conservation 
Agreement with Assurances for the Texas pimpleback (Cyclonaias 
petrina), Texas fawnsfoot (Truncilla macrodon), Texas fatmucket 
(Lampsilis bracteata), and Balcones spike (Fusconaia iheringi) in the 
Lower Colorado River Basin below O.H. Ivie Reservoir (CCAA) and 
issuance of an associated enhancement of survival (EOS) permit under 
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.) to the Lower Colorado River Authority 
(LCRA) and Lower Colorado River Authority Transmission Services 
Corporation (LCRA TSC).
    This notice advises the public that we, the Service, have gathered 
the information necessary to determine effects of the proposed CCAA and 
the associated EOS permit on the four Texas mussels. We are accepting 
comments on the proposed CCAA, NEPA screening form, and the EOS permit 
application.

Background

    Section 9 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et 
seq.) 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, in accordance with our CCAA policy (81 FR 95164) we may issue 
permits for the enhancement of survival (EOS) of candidate species. 
``Incidental take'' is

[[Page 41124]]

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, respectively, are found in the 
Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32, and would 
cover candidates should they become listed.

Proposed Action

    The LCRA and LCRA TSC applied to the Service for an EOS permit 
under section 10(a)(1)(A) of the ESA. Such EOS permits authorize take 
that is incidental to otherwise lawful activities (50 CFR 17.3). The 
requested EOS permit would authorize incidental take of the Texas 
pimpleback, Texas fawnsfoot, Texas fatmucket, and Balcones spike 
(Covered Species), should they become listed under the ESA. The 
proposed incidental take would result from activities associated with 
otherwise lawful activities associated with implementation of the 
proposed CCAA including the conservation measures, and ongoing and 
continuing operations, inspections, repairs, construction, and 
maintenance activities.
    The LCRA and LCRA TSC would implement a voluntary conservation 
strategy for freshwater mussels in the CCAA, supporting the EOS permit, 
which was informed by the National Strategy for the Conservation of 
Native Freshwater Mussels developed by the Freshwater Mollusk 
Conservation Society. The conservation strategy includes conservation 
measures to minimize and avoid direct and indirect impacts to proposed 
mussels and their habitats; a comprehensive monitoring and adaptive 
management program; compliance with existing environmental flow 
standards; conducting routine water quality monitoring of sites near 
existing mussel populations; conducting invasive species monitoring and 
spread prevention programs; conducting applied research on mussel 
physiological tolerances, survivability in the Colorado River 
downstream of Austin, and assess restoration potential in the Colorado 
River basin for Texas fatmucket and Texas pimpleback; support for 
development of short-term refugia and propagation methods; public 
outreach and education about the resource needs affecting freshwater 
mussels; and, leading a conservation workgroup for Texas fatmucket in 
the Onion Creek basin. The expected result of the implementation of the 
conservation strategy and conservation measures is a net conservation 
benefit to the Covered Species.
    The CCAA and associated EOS permit would provide the LCRA and LCRA 
TSC with the opportunity to voluntarily conserve freshwater mussel 
species and their habitat, while carrying out their existing and 
ongoing water supply and water delivery operations and providing a net 
conservation benefit to the species. If approved, the EOS permit would 
be for a 20-year period following the signature of the CCAA, and would 
authorize incidental take of the Covered Species if the species come to 
be listed under the ESA during the life of the CCAA and EOS permit. The 
terms of the CCAA and EOS permit would also ensure that the proposed 
action will not appreciably reduce the likelihood of the survival and 
recovery of the species in the wild.

Alternatives

    We have considered one alternative to the proposed action as part 
of this process: No Action. Under a No Action alternative, the Service 
would not issue the requested EOS permit and the applicant would either 
not implement the CCAA for the conservation strategy of freshwater 
mussels or implement the CCAA without regulatory assurances and future 
take authorization, should the species be listed, for on-going 
operations, inspections, repairs, construction, and maintenance 
activities of their infrastructure, or conduct those activities in a 
manner that avoids incidental take. Therefore, the applicant would not 
implement the conservation measures described in the CCAA.

Next Steps

    We will evaluate the permit application, CCAA, NEPA screening form, 
and comments we receive to determine whether the application meets the 
requirements of the ESA, NEPA, and implementing regulations. If we 
determine that all requirements are met, we may approve the CCAA and 
issue the EOS permit under section 10(a)(1)(A) of the ESA (16 U.S.C. 
1531 et seq.) to the applicant in accordance with the terms of the CCAA 
and specific terms and conditions of the authorizing EOS permit. We 
will not make our final decision until after the 30-day comment period 
ends and we have fully considered all comments received 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. 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, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2023-13337 Filed 6-22-23; 8:45 am]
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