[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Notices]
[Pages 41412-41414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13491]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2023-N023; FXES11140200000-223-FF02ENEH00]


Categorical Exclusion and Candidate Conservation Plan; Trinity 
River Authority Candidate Conservation Agreement With Assurances, 
Trinity River Basin, TX

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 (Service), make 
available a draft screening form for a categorical exclusion (dCatEx 
form) under the National Environmental Policy Act and also a candidate 
conservation agreement with assurances (CCAA) for water supply, water 
and wastewater treatment, and reservoir operations, as well as 
operation and maintenance activities for infrastructure associated with 
these services (e.g., pipelines, levees) in the Trinity River Basin, 
Texas. The Trinity River Authority (TRA) has applied for an enhancement 
of survival permit (EOS permit) that would authorize incidental take of 
four freshwater mussel species and two turtle species. If approved, the 
TRA would hold the permit and issue certificates of inclusion (CI) 
authorizing incidental take to participating non-Federal landowners 
(partners), including the North Texas Municipal Water District, Tarrant 
Regional Water District, City of Dallas, and City of Fort Worth. The 
dCatEx form evaluates the impacts of, and alternatives to, 
implementation of the proposed CCAA. We invite the public and local, 
State, Tribal, and Federal agencies to comment on the CCAA and EOS 
permit application, as well as on the Service's preliminary 
determination that the proposed permitting action may be eligible for a 
categorical exclusion pursuant to the Council on Environmental Quality 
National Environmental Policy Act regulations and Department of the 
Interior (DOI) NEPA regulations and the DOI Departmental Manual. To 
make this preliminary determination, we prepared the dCatEx form, also 
available for public review.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before 11:59 p.m. Eastern Time on July 26, 2023.

ADDRESSES: 
    Accessing Documents: You may access the dCatEx form and CCAA by any 
of the following means. In your request for documents, please reference 
the ``Trinity River Authority CCAA.''
     Internet: https://www.fws.gov/office/arlington-ecological-services/news.
     U.S. Mail: You may obtain a CD-ROM containing the 
documents (limited supply), by request, from the U.S. Fish and Wildlife 
Service, Field Supervisor for the Arlington Texas Ecological Services 
Field Office, 501 West Felix Street, Suite 1105, Fort Worth, Texas 
76115.
    Submitting Comments: You may submit written comments by one of the 
following methods. In your comments, please reference ``Trinity River 
Authority CCAA.''
     Email: [email protected].
     U.S. Mail: Field Supervisor, Arlington Texas Ecological 
Serviced Field Office (street address above).
    We request that you send comments by only one of the above methods.

FOR FURTHER INFORMATION CONTACT: Erik Orsak, Acting Field Supervisor, 
by mail (street address above) or via phone at 682-348-7397. 
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), make available a draft screening form

[[Page 41413]]

for a categorical exclusion (dCatEx form), and also a candidate 
conservation agreement with assurances (CCAA) for water supply, water 
and wastewater treatment, and reservoir operations, as well as 
operation and maintenance activities for infrastructure associated with 
these services (e.g., pipelines, levees) in the Trinity River Basin, 
Texas. The Trinity River Authority (TRA) has applied for an enhancement 
of survival permit (EOS permit) that would authorize incidental take of 
four freshwater mussel species and two turtle species. If approved, the 
TRA would hold the EOS permit and issue certificates of inclusion (CIs) 
authorizing incidental take to participating non-Federal landowners 
(partners), including the North Texas Municipal Water District, Tarrant 
Regional Water District, City of Dallas, and City of Fort Worth. The 
dCatEx form evaluates the impacts of, and alternatives to, 
implementation of the proposed CCAA. We invite the public and local, 
State, Tribal, and Federal agencies to comment on the CCAA and EOS 
permit application, as well as on the Service's preliminary 
determination that the proposed permitting action may be eligible for a 
categorical exclusion pursuant to the Council on Environmental Quality 
National Environmental Policy Act regulations (NEPA; 40 CFR 1501.4) and 
Department of the Interior (DOI) NEPA regulations (43 CFR 46) and the 
DOI Departmental Manual. To make this preliminary determination, we 
prepared the dCatEx form, also available for public review.

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, the Service may issue permits for incidental take if such take is 
authorized under an enhancement of survival of candidate species EOS 
permit and covered by a CCAA. ``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/candidate species, respectively, are found in 
the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Permit Application

    The Trinity River Authority (TRA) has applied to the Service for an 
enhancement of survival (EOS) permit under section 10(a)(1)(A) of the 
ESA. Such permits authorize take that is incidental to otherwise lawful 
activities (50 CFR 17.3). If approved, the TRA would hold the EOS 
permit and issue certificates of inclusion (CIs) authorizing incidental 
take to participating partners, including the North Texas Municipal 
Water District, Tarrant Regional Water District, City of Dallas, and 
City of Fort Worth. The requested EOS permit, which is for a period of 
10 years, would authorize incidental take of four freshwater mussel 
species [Texas heelsplitter (Potamilus amphichaenus), Trinity pigtoe 
(Fusconaia chunii), Texas fawnsfoot (Truncilla macrodon), and Louisiana 
pigtoe (Pleurobema riddellii)] and two turtle species [western chicken 
turtle (Deirochelys reticularia miaria) and alligator snapping turtle 
(Macrochelys temminckii)]. The proposed incidental take would result 
from activities associated with otherwise lawful activities during 
implementation of conservation measures intended to benefit at-risk 
species and ongoing water supply and water and wastewater treatment 
operations, including associated inspections, repairs, and maintenance 
activities for these operations. The CCAA and associated permit would 
implement a voluntary conservation strategy for freshwater mussels 
developed by the TRA and partners based on the National Strategy for 
the Conservation of Native Freshwater Mussels developed by the 
Freshwater Mollusk Conservation Society. A national freshwater turtle 
conservation strategy does not currently exist; however, the CCAA also 
includes voluntary conservation measures that TRA and partners will 
implement to benefit freshwater turtles. Conservation outlined in the 
CCAA includes measures to minimize and avoid direct and indirect 
impacts to the covered species and their habitats, including 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 an invasive species monitoring and control program, 
conducting applied research on mussel survival in the Trinity River 
downstream of the Dallas/Fort Worth Metropolitan area, supporting 
turtle research and reintroduction programs in the basin, assessment of 
restoration potential in the Trinity River Basin for mussels and 
turtles, and public outreach and education about the resource needs of 
freshwater mussels and turtles. The expected result of the 
implementation of the conservation strategy and conservation measures, 
including any incidental take associated with activities covered by the 
permit, is a net conservation benefit to the Texas heelsplitter, Texas 
fawnsfoot, Trinity pigtoe, Louisiana pigtoe, western chicken turtle, 
and alligator snapping turtle. The intent of the CCAA and associated 
permit is to provide the TRA and partners with the opportunity to 
voluntarily conserve the species covered by the permit and their 
habitat, while carrying out existing and ongoing water supply and 
wastewater operations, while providing a net conservation benefit to 
the species. If approved, the EOS permit would be for a 10-year period 
following the signature of the CCAA and would authorize incidental take 
of the Texas heelsplitter, Texas fawnsfoot, Trinity pigtoe, Louisiana 
pigtoe, western chicken turtle, and alligator snapping turtle, if any 
of the species become listed under the ESA.

National Environmental Policy Act Alternatives

    The dCatEx form evaluates the impacts of, and alternatives to, 
implementation of the proposed CCAA.

Proposed Action

    The proposed action involves the issuance of an EOS permit by the 
Service for the covered activities in the permit area, under section 
10(a)(1)(A) of the ESA. The EOS permit would cover ``take'' of the 
covered species associated with actions implemented by the TRA and 
partners to conserve freshwater mussels and turtles, and the operation, 
inspection, repair, and maintenance of existing TRA and partner 
infrastructure within the permit area. An application for an EOS permit 
must include a CCAA that describes the conservation measures the 
applicant has agreed to undertake to minimize and mitigate for the 
impacts of the proposed taking of covered species to the maximum extent 
practicable. The applicant, and any partners included through CI, will 
fully implement the CCAA if approved by the Service. The terms of the 
CCAA and EOS permit will also ensure that incidental take/enhancement 
of survival will not appreciably reduce the likelihood of the survival 
and recovery of the species in the wild.

No Action Alternative

    We have considered one alternative to the proposed action as part 
of this

[[Page 41414]]

process: No Action. Under a No Action alternative, the Service would 
not issue the requested EOS permit and the applicant would not 
implement the comprehensive conservation strategy for these species 
described in the CCAA. Without an EOS permit, the applicant and 
partners would either need to perform ongoing operations, inspections, 
repairs, and maintenance activities of their infrastructure in a manner 
that avoids incidental take, or they would need to seek coverage for 
take through another ESA mechanism, such as consultation under ESA 
section 7 (if a Federal nexus exists) or development of a habitat 
conservation plan under ESA section 10.

Next Steps

    We will evaluate the CCAA and comments we receive to determine 
whether the EOS permit application meets the requirements of section 
10(a) of the ESA. We will also evaluate whether issuance of a section 
10(a)(1)(A) 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 EOS permit. If all necessary 
requirements are met, we will issue the EOS permit 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. 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, Albuquerque, New Mexico.
[FR Doc. 2023-13491 Filed 6-23-23; 8:45 am]
BILLING CODE 4333-15-P