[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7492-7493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02878]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2021-N196; FXES11160200000-223-FF02ENEH00]
Draft Environmental Assessment for Amendments to the Candidate
Conservation Agreement/Candidate Conservation Agreement With Assurances
for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and Dunes
Sagebrush Lizard (Sceloporus arenicolus) in New Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents; request for public
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft environmental assessment (EA), under the
National Environmental Policy Act, that evaluates the impacts of
proposed amendments to the Candidate Conservation Agreement/Candidate
Conservation Agreement with Assurances for the Lesser Prairie-chicken
(Tympanuchus pallidicinctus) and Dunes Sagebrush Lizard (Sceloporus
arenicolus) in New Mexico (CCA/CCAA). We invite comments on the draft
EA and related documents from the public and Federal, Tribal, State,
and local governments.
DATES: Comments: To ensure consideration, written comments must be
received or postmarked on or before March 11, 2022. 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:
Obtaining documents: You may obtain copies of the draft EA,
proposed amendments, or other related documents on the internet at
https://www.fws.gov/southwest/es/NewMexico/.
Submitting comments: You may submit written comments by email to
nmesfo@fws.gov. Please note that your comment is in reference to the
above-referenced CCA/CCAA. For more information, see Public
Availability of Comments.
FOR FURTHER INFORMATION CONTACT: Shawn Sartorius, Field Supervisor,
U.S. Fish and Wildlife Service, Albuquerque, New Mexico, Ecological
Services Office; telephone 505-761-4781. Hearing or speech impaired
individuals may call the Federal Relay Service at 800-877-8339 for TTY
service.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft environmental
assessment (EA), under the National Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.), that evaluates the impacts of proposed
amendments to the Candidate Conservation Agreement (CCA) and Candidate
Conservation Agreement with Assurances (CCAA) for the Lesser Prairie-
chicken (LPC) and Dunes Sagebrush Lizard (DSL) in New Mexico.
This notice advises the public that we have gathered the
information necessary to determine impacts of the proposed amendments
on the CCA/CCAA and the associated enhancement of survival permit
(permit) under section 10(a)(1)(A) of the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). We are accepting
comments on the proposed amendments and the draft EA.
Background
The CCA/CCAA were signed by Federal and State authorities in 2008
for 20 years (2008-2028). The CCA/CCAA are voluntary candidate
conservation agreements, administered by the Center of Excellence
(CEHMM), that allow for implementation of conservation measures to
benefit the LPC and DSL in a landscape-level approach on both Federal
and non-Federal lands. The CCA allows for enrollment by Federal lessees
and permittees, including ranchers and industry lessees, giving them a
high degree of certainty that no additional conservation measures will
be required of participants if either species were to be listed. In the
event that either species is listed, incidental take coverage will be
provided by an ESA section 7 biological opinion for conservation
actions undertaken on Federal lands. Under the CCAA, conservation of
the LPC and DSL will be implemented on non-Federal lands by enrolled
participants. Through the CCAA, enrolled landowners or cooperators
receive assurance that they will not incur additional land use
restrictions on enrolled lands in the event either species is listed.
Proposed Action
The Service is proposing to amend the CCA/CCAA to remove barriers
to increased participation in the CCA/CCAA. The amendments will: Add an
enrollment option to cover all activities for participants in the
covered area, reclassify habitat categories based on LPC habitat and
lek locations, add certificates of participation and/or inclusion (CP/
CI) tailored to companies that develop linear infrastructure (e.g.,
midstream, transmission, and utility), reduce enrollment fees for new
parcel-by-parcel enrollments, and add an annual inflation adjustment
for all habitat conservation fees. Conservation measures and covered
activities will not change from the original CCA/CCAA.
The CCA/CCAA covers all lands currently occupied or potentially
occupied by the LPC or DSL in New Mexico. This includes approximately
2,200 square miles in the southeastern section of the State, within
portions of Lea, Eddy, DeBaca, Curry, Roosevelt, Quay, and Chaves
Counties. The Service has assessed the potential impacts of the
proposed amendments on the CCA/CCAA and the associated permit that was
issued with the original CCA/CCAA in 2008, as well as the original EA
from 2008. There are no proposed changes to the federally listed
species, or the area
[[Page 7493]]
covered by the CCA/CCAA and permit. In addition, the amendments are not
expected to result in impacts beyond those identified in the original
EA.
The proposed CCA/CCAA amendments are not expected to significantly
affect industry or ranching activities but would help support these
activities by streamlining ESA compliance, while continuing
conservation efforts for the LPC and DSL. These amendments are expected
to trigger no new environmental consequences; no new impacts to local
economies or cultural resources; and no changes to direct, indirect,
and cumulative effects. The amendments would not authorize any
additional activities or incidental take. The same types and quantities
of activities previously described in the original EA are expected to
occur with the proposed amendments.
Next Steps
We will evaluate the draft amendments, draft EA, and comments we
receive during the comment period to determine whether the proposed
amendment meets the requirements of ESA, NEPA, and implementing
regulations. If we determine that all requirements are met, we will
approve the proposed amendment to the CCA/CCAA. 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
All comments we receive become part of the public record associated
with this action. Requests for copies of comments will be handled in
accordance with the Freedom of Information Act, NEPA, and Service and
Department of the Interior policies and procedures. 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 ask us to 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 the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Amy Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2022-02878 Filed 2-8-22; 8:45 am]
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