[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8904-8906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02649]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2022-N205; FXES11130200000-234-FF02ENEH00]
Application for an Enhancement of Survival Permit; N.M. Ranch
Properties, Inc (Armendaris Ranch) Bolson Tortoise Safe Harbor
Agreement; Socorro and Sierra Counties, New Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
prepared a draft environmental assessment (EA) on the proposed N.M.
Ranch Properties, Inc. (Armendaris Ranch) Bolson Tortoise Safe Harbor
Agreement (SHA) in Socorro and Sierra Counties, New Mexico. New Mexico
Ranch Properties, Inc (applicant) submitted the SHA in support of an
application for an enhancement of survival permit (permit) under the
Endangered Species Act. If approved, the requested permit would
authorize incidental take of the Bolson tortoise that would allow a
return to the baseline population condition (i.e., zero free ranging
tortoises/zero baseline) at the conclusion of the permit or sooner.
Conservation and management activities for the Bolson tortoise are
integral to meeting the SHA's net conservation benefit standard as well
as ongoing and future activities on the enrolled property during the
50-year permit term. With this notice, we announce the availability for
public comment of the SHA application, as well as the draft
environmental assessment (EA), which has been prepared in accordance
with the requirements of the National Environmental Policy Act (NEPA).
DATES: We will accept comments received on or before March 13, 2023.
ADDRESSES: Obtaining documents: You may obtain copies of the SHA, draft
EA, or other related documents on the internet at https://www.fws.gov/office/new-mexico-ecological-services.
Submitting comments: You may submit written comments by email to
nmesfo@fws.gov. Please note which document(s) your comment references.
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) 346-2525 or (800) 299-0196.
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 for public review the N.M. Ranch Properties,
Inc. (Armendaris Ranch) Bolson Tortoise Safe Harbor Agreement (SHA) in
Socorro and Sierra Counties, New Mexico, and associated draft
environmental assessment (EA). N.M. Ranch Properties, Inc. (applicant)
has applied for an enhancement of survival permit (permit) supported by
the proposed SHA. If approved, the requested 50-year permit would
authorize incidental take of the Bolson
[[Page 8905]]
tortoise (Gopherus flavomarginatus; tortoise), which is federally
listed as endangered under the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.). The permit would authorize
incidental take of the tortoise resulting from conservation and
management activities for the species that are integral to meeting the
SHA net conservation benefit standard, as well as ongoing and future
activities on the enrolled property during the permit term, and a
return of the property to its baseline condition.
Background
Section 9 of the ESA and our implementing regulations at 50 CFR
part 17 prohibit the ``take'' of fish or wildlife 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(19)). However, under section 10(a) of the ESA, we may issue
permits to authorize incidental take of listed 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 are found at 50 CFR 17.21-22 and 50 CFR 17.31-32, respectively.
National Environmental Policy Act Compliance
In accordance with the requirements of the National Environmental
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), we advise the public
that:
1. We have prepared a draft environmental assessment (EA) to
evaluate the SHA and potential permit issuance. We are accepting
comments on the SHA and draft EA.
2. The applicant and the Service have developed an SHA, which
describes the measures the applicant has volunteered to take to meet
the issuance criteria for a 10(a)(1)(A) permit associated with the SHA.
The issuance criteria are found at 50 CFR 17.22(c)(1) and 50 CFR
17.32(c)(1).
3. The SHA would be implemented by the applicant and would remain
effective until the expiration of the SHA.
4. As described in the SHA, the potential incidental take of the
tortoise could result from otherwise lawful, activities covered by the
SHA.
Proposed Action
The proposed action involves the issuance of a 10(a)(1)(A)
enhancement of survival permit (permit) to N.M. Ranch Properties, Inc.
(applicant) in association with the N.M. Ranch Properties, Inc.
(Armendaris Ranch) Bolson Tortoise Safe Harbor Agreement (SHA) in
Socorro and Sierra Counties, New Mexico. The Bolson tortoise (Gopherus
flavomarginatus; tortoise) was listed as endangered under the ESA on
April 17, 1979 (44 FR 23062 23064), as a species native to Mexico and
foreign to the United States. The tortoise was listed as a CITES
Appendix II species on July 1, 1975 and elevated to Appendix I on June
28, 1979. The critically imperiled tortoise is not known to have
inhabited New Mexico since European colonization. It was widely
distributed across the southwestern United States after the Pleistocene
glaciation and likely overlapped with Native American peoples.
The purpose of the proposed SHA is to implement population
restoration activities for the tortoise through the release of captive-
raised tortoises on the Armendaris Ranch in southern New Mexico. The
tortoises to be released are part of an ongoing captive breeding
program begun, in 2006, by the Turner Endangered Species Fund and
located on Ted Turner's Armendaris Ranch in Sierra and Socorro
Counties. Implementation of the proposed SHA would also allow the
natural expansion of the released tortoise population into surrounding
habitat on the ranch. The permit would authorize incidental take that
may result from the implementation of the proposed conservation and
management measures. These measures include maintaining the existing
tortoise captive breeding and head-starting program to ensure that
adequate numbers of tortoises are available for release. The head-
starting enclosure is an outdoor facility that is enclosed with
predator proof nets that prevent mammals and birds from preying on the
tortoises and houses a few hundred tortoises with the potential to
translocate. The measures also include releasing, monitoring, and
managing several hundred tortoises as required to establish a
foundation from which viable populations (100 individuals or more)
could become established at the Armendaris Ranch. In addition, the
permit would authorize incidental take that may result from ongoing and
future activities on the enrolled property during the permit term, and
a return of the property to its baseline condition at the conclusion of
the permit.
The SHA, including the proposed conservation and management
measures, was developed in coordination with the Service. The permit
would allow incidental take and a return to baseline conditions on the
property. The proposed conservation and management measures, once
implemented, are expected to provide a net conservation benefit to the
tortoise.
Alternatives
We are considering one alternative to the proposed action as part
of this process, the No Action Alternative. Under No Action
Alternative, the Service would not issue the permit, and the SHA would
not be implemented.
Next Steps
We will evaluate the permit application, SHA, draft EA, and
comments we receive to determine whether the SHA application meets the
requirements of the ESA, NEPA, and implementing regulations. If we
determine that all requirements are met, we will approve the SHA and
issue the 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 SHA and
specific terms and conditions of the authorizing 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
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.
[[Page 8906]]
4371 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. 2023-02649 Filed 2-9-23; 8:45 am]
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