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 ( printed 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).

88 FR 41123