83_FR_12255 83 FR 12201 - Endangered and Threatened Wildlife and Plants; Arizona Electric Power Cooperative; Survival Enhancement Permit Application; Sonoran Desert Tortoise Candidate Conservation Agreement With Assurances, Arizona

83 FR 12201 - Endangered and Threatened Wildlife and Plants; Arizona Electric Power Cooperative; Survival Enhancement Permit Application; Sonoran Desert Tortoise Candidate Conservation Agreement With Assurances, Arizona

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 54 (March 20, 2018)

Page Range12201-12202
FR Document2018-05590

We, the U.S. Fish and Wildlife Service (FWS), announce receiving Arizona Electric Power Cooperative's (AEPCO; applicant) survival enhancement permit application, under the Endangered Species Act of 1973, as amended (Act). The requested permit would authorize Sonoran desert tortoise incidental take resulting from conservation activities and ongoing lawful activities, should the species be listed as endangered or threatened in the future. The permit application includes a proposed candidate conservation agreement with assurances (CCAA) between AEPCO and the FWS for a 25-year period. In accordance with National Environmental Policy Act (NEPA) requirements, we have determined that the proposed permit action qualifies under a categorical exclusion. We are accepting comments on the permit application, proposed CCAA, and draft NEPA screening form supporting using a categorical exclusion.

Federal Register, Volume 83 Issue 54 (Tuesday, March 20, 2018) 
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Pages 12201-12202]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05590]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2017-N169; FXES111402C0000-189-FF02ENEH00]


Endangered and Threatened Wildlife and Plants; Arizona Electric 
Power Cooperative; Survival Enhancement Permit Application; Sonoran 
Desert Tortoise Candidate Conservation Agreement With Assurances, 
Arizona

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), announce 
receiving Arizona Electric Power Cooperative's (AEPCO; applicant) 
survival enhancement permit application, under the Endangered Species 
Act of 1973, as amended (Act). The requested permit would authorize 
Sonoran desert tortoise incidental take resulting from conservation 
activities and ongoing lawful activities, should the species be listed 
as endangered or threatened in the future. The permit application 
includes a proposed candidate conservation agreement with assurances 
(CCAA) between AEPCO and the FWS for a 25-year period. In accordance 
with National Environmental Policy Act (NEPA) requirements, we have 
determined that the proposed permit action qualifies under a 
categorical exclusion. We are accepting comments on the permit 
application, proposed CCAA, and draft NEPA screening form supporting 
using a categorical exclusion.

DATES: Submission of Comments: We will accept comments received or 
postmarked on or before April 19, 2018.

ADDRESSES: Obtaining Documents: You may obtain copies of the 
application, the proposed CCAA, the draft NEPA compliance 
documentation, or other related documents by going to the FWS website 
at http://www.fws.gov/southwest/es/arizona/Sonoran_tort.htm. 
Alternatively, you may obtain CD-ROMs with electronic copies of these 
documents by writing to Field Supervisor, U.S. Fish and Wildlife 
Service, 9828 North 31st Avenue, Phoenix, AZ 85051-2517; calling (602) 
242-0210; or faxing (602) 242-2513. A limited number of printed copies 
of the documents are also available, by request, from the Field 
Supervisor. Copies of the documents are also available for public 
inspection and review at the following locations, by appointment only:
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6093, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, 9828 North 31st Avenue, 
Phoenix, AZ 85051.

Submitting Comments

    To submit written comments, please use one of the following 
methods, and note that your comment is in reference to the proposed 
Sonoran Desert Tortoise AEPCO CCAA, Arizona:
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, 9828 North 31st Avenue, Phoenix, AZ 85051-2517 (Attn: Brenda 
Smith).
     Fax: (602) 242-2513.
     Email: FW2_HCP_Permits@fws.gov (subject line: AEPCO CCAA).
    We request that you submit comments by only the methods described 
above. Generally, we will post any personal information you provide us 
(see the Public Availability of Comments section for more information).

FOR FURTHER INFORMATION CONTACT: Steven L. Spangle, Field Supervisor, 
U.S. Fish and Wildlife Service, 9828 North 31st Avenue, Phoenix, AZ 
85051; (602) 242-0210 (telephone).

SUPPLEMENTARY INFORMATION: Arizona Electric Power Cooperative (AEPCO) 
(AEPCO; applicant) applied to the U.S. Fish and Wildlife Service (FWS) 
for a survival enhancement permit (permit; TE 00948C-0) under the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; 
Act), section 10(a)(1)(A). The requested permit, which would be in 
effect for up to 25 years, if granted, would authorize Sonoran desert 
tortoise (Gopherus morafkai) incidental take.
    The candidate conservation agreement with assurances (CCAA) and 
associated permit would include portions of the following Arizona 
counties where the AEPCO transmission system occurs: Cochise, La Paz, 
Mohave, Pima, Pinal, and Yavapai. The CCAA and associated permit would 
cover AEPCO's Sonoran desert tortoise conservation activities in 
association with their ongoing operation, repair, and maintenance 
activities on transmission structures, transmission lines, substations, 
and unpaved access roads, both within and outside AEPCO rights-of-way 
and easements (covered activities; AEPCO CCAA Figures 1-2). These 
activities include transmission line access road use, maintenance, 
repair, and reconstruction; manual, mechanical, and herbicide treatment 
to control vegetation hazards; and maintaining transmission line 
structures, conductors, and associated equipment. The survival 
enhancement permit would provide AEPCO assurances that the conservation 
to which they have committed is all we will require of them if the 
species is listed, and will provide incidental take coverage for their 
conservation activities and ongoing operations and maintenance 
activities, as described above.
    The FWS also announces the availability of a draft determination 
that the proposed permit action qualifies as a categorical exclusion 
pursuant to NEPA. Therefore, we propose that this project's survival 
enhancement permit is ``low effect'' and qualifies for categorical 
exclusion under the NEPA, as 43 CFR 46.205 and 43 CFR 46.210 provide. 
We are making the permit application package, including the draft NEPA 
screening form, and draft AEPCO

[[Page 12202]]

CCAA, available for public review and comment.

Background

    Survival enhancement of permits issued for CCAAs encourage non-
Federal landowners, including non-Federal operators holding easements 
on private lands, to implement conservation measures for species that 
are, or are likely to become, candidates for Federal listing as 
endangered or threatened under the Act, by assuring landowners/
operators they will not be subjected to increased property use 
restrictions if the covered species becomes listed in the future. 
Application requirements and survival enhancement of permit issuance 
criteria for CCAAs are in the Code of Federal Regulations (CFR) at 50 
CFR 17.22(d) and 17.32(d). The joint policy on CCAAs was published in 
the Federal Register with the Department of Commerce's National Oceanic 
and Atmospheric Administration, National Marine Fisheries Service on 
December 27, 2016 (80 FR 95164; December 27, 2016).

Proposed Action

    The proposed action is the FWS issuing AEPCO a permit for covered 
activities in the permit area for up to 25 years, pursuant to the Act, 
section 10(a)(1)(A). The Permit would cover Sonoran desert tortoise 
``take'' associated with covered activities occurring within the permit 
area.
    The proposed AEPCO CCAA commits AEPCO to implement conservation 
measures to reduce threats and contribute to furthering Sonoran desert 
tortoise conservation on lands AEPCO uses while implementing covered 
activities within the tortoise's Arizona range.
    To meet section 10(a)(1)(A) permit requirements, the applicant 
developed and proposes to implement the AEPCO CCAA, which describes the 
conservation measures AEPCO has agreed to undertake to reduce tortoise 
threats, ensure that incidental take will not appreciably reduce the 
likelihood the species can survive and recover in the wild, and benefit 
Sonoran desert tortoises and their habitats.
    Expected benefits include, but may not be limited to: Developing 
and delivering personnel and contractors a training and awareness 
program, along with annual refreshers to avoid and minimize Sonoran 
desert tortoise take; limiting the amount of new disturbance within 
tortoise habitat; providing early notification of new buffelgrass 
infestations to afford opportunity for buffelgrass management to 
improve Sonoran desert tortoise habitat, and; limiting taking habitat, 
eggs, and female Sonoran desert tortoises. Additionally, through the 
CCAA's reporting requirements, the FWS will receive additional tortoise 
distribution data to add to the overall Sonoran desert tortoise 
knowledge base, and use it to further species conservation. Since the 
Sonoran desert tortoise is not federally listed, there is no regulatory 
requirement for AEPCO to implement a conservation program. Therefore, 
absent the CCAA, it is unlikely these benefits to the tortoise would be 
realized.
    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the Act, NEPA, and implementing regulations. If we 
determine that all requirements are met, we will approve the proposed 
CCAA and, should the species become listed as threatened or endangered 
under the Act in the future, the AEPCO permit under the Act, section 
10(a)(1)(A), will become effective and provide Sonoran desert tortoise 
incidental take coverage through the remainder of the CCAA's 25-year 
duration. We will not make our final decision until after the comment 
period ends, and we will fully consider all comments we receive 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 Act, section 10(c) 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).

Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2018-05590 Filed 3-19-18; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices 12201 interests of a nongovernmental entity, a survival enhancement permit Generally, we will post any personal recognizable group of persons or application, under the Endangered information you provide us (see the nongovernmental entities (an industry Species Act of 1973, as amended (Act). Public Availability of Comments section sector, labor unions, environmental The requested permit would authorize for more information). groups, etc.), or state or local Sonoran desert tortoise incidental take FOR FURTHER INFORMATION CONTACT: governments. resulting from conservation activities Steven L. Spangle, Field Supervisor, and ongoing lawful activities, should U.S. Fish and Wildlife Service, 9828 Term of Office the species be listed as endangered or North 31st Avenue, Phoenix, AZ 85051; Consensus Committee members serve threatened in the future. The permit (602) 242–0210 (telephone). at the discretion of the Secretary or for application includes a proposed SUPPLEMENTARY INFORMATION: Arizona a three-year term and for up to two candidate conservation agreement with Electric Power Cooperative (AEPCO) terms. assurances (CCAA) between AEPCO and (AEPCO; applicant) applied to the U.S. Nominee Information the FWS for a 25-year period. In Fish and Wildlife Service (FWS) for a accordance with National survival enhancement permit (permit; Individuals seeking nomination to the Environmental Policy Act (NEPA) MHCC should submit detailed TE 00948C–0) under the Endangered requirements, we have determined that Species Act of 1973, as amended (16 information documenting their the proposed permit action qualifies qualifications as addressed in the Act U.S.C. 1531 et seq.; Act), section under a categorical exclusion. We are 10(a)(1)(A). The requested permit, and this Notice. Individuals may accepting comments on the permit nominate themselves. HUD which would be in effect for up to 25 application, proposed CCAA, and draft years, if granted, would authorize recommends that the application form NEPA screening form supporting using be accompanied by a resume. Sonoran desert tortoise (Gopherus a categorical exclusion. morafkai) incidental take. Additional Information DATES: Submission of Comments: We The candidate conservation The Department will only make will accept comments received or agreement with assurances (CCAA) and appointments from nominations postmarked on or before April 19, 2018. associated permit would include submitted in response to this Notice. ADDRESSES: Obtaining Documents: You portions of the following Arizona Individuals that may have applied may obtain copies of the application, counties where the AEPCO transmission replied in response to prior requests for the proposed CCAA, the draft NEPA system occurs: Cochise, La Paz, Mohave, nominations and who are still interested compliance documentation, or other Pima, Pinal, and Yavapai. The CCAA in being appointed must re-apply related documents by going to the FWS and associated permit would cover pursuant to this notice. To be website at http://www.fws.gov/ AEPCO’s Sonoran desert tortoise considered for appointment to a southwest/es/arizona/Sonoran_tort.htm. conservation activities in association position of an MHCC member whose Alternatively, you may obtain CD– with their ongoing operation, repair, term expired in December of 2017, the ROMs with electronic copies of these and maintenance activities on nomination should be submitted by documents by writing to Field transmission structures, transmission April 19, 2018. Supervisor, U.S. Fish and Wildlife lines, substations, and unpaved access Appointments will be made at the Service, 9828 North 31st Avenue, roads, both within and outside AEPCO discretion of the Secretary. Phoenix, AZ 85051–2517; calling (602) rights-of-way and easements (covered Dated: March 14, 2018. 242–0210; or faxing (602) 242–2513. A activities; AEPCO CCAA Figures 1–2). limited number of printed copies of the These activities include transmission Dana T. Wade, documents are also available, by line access road use, maintenance, General Deputy Assistant, Secretary for request, from the Field Supervisor. repair, and reconstruction; manual, Housing. Copies of the documents are also mechanical, and herbicide treatment to [FR Doc. 2018–05596 Filed 3–19–18; 8:45 am] available for public inspection and control vegetation hazards; and BILLING CODE 4210–67–P review at the following locations, by maintaining transmission line appointment only: structures, conductors, and associated • U.S. Fish and Wildlife Service, 500 equipment. The survival enhancement DEPARTMENT OF THE INTERIOR Gold Avenue SW., Room 6093, permit would provide AEPCO Albuquerque, NM 87102. assurances that the conservation to Fish and Wildlife Service • U.S. Fish and Wildlife Service, which they have committed is all we [FWS–R2–ES–2017–N169; 9828 North 31st Avenue, Phoenix, AZ will require of them if the species is FXES111402C0000–189–FF02ENEH00] 85051. listed, and will provide incidental take coverage for their conservation activities Endangered and Threatened Wildlife Submitting Comments and ongoing operations and and Plants; Arizona Electric Power To submit written comments, please maintenance activities, as described Cooperative; Survival Enhancement use one of the following methods, and above. Permit Application; Sonoran Desert note that your comment is in reference The FWS also announces the Tortoise Candidate Conservation to the proposed Sonoran Desert Tortoise availability of a draft determination that Agreement With Assurances, Arizona AEPCO CCAA, Arizona: the proposed permit action qualifies as AGENCY: U.S. Fish and Wildlife Service, • U.S. Mail: Field Supervisor, U.S. a categorical exclusion pursuant to Interior. Fish and Wildlife Service, 9828 North NEPA. Therefore, we propose that this daltland on DSKBBV9HB2PROD with NOTICES ACTION: Notice of availability request for 31st Avenue, Phoenix, AZ 85051–2517 project’s survival enhancement permit comment. (Attn: Brenda Smith). is ‘‘low effect’’ and qualifies for • Fax: (602) 242–2513. categorical exclusion under the NEPA, SUMMARY: We, the U.S. Fish and • Email: FW2_HCP_Permits@fws.gov as 43 CFR 46.205 and 43 CFR 46.210 Wildlife Service (FWS), announce (subject line: AEPCO CCAA). provide. We are making the permit receiving Arizona Electric Power We request that you submit comments application package, including the draft Cooperative’s (AEPCO; applicant) by only the methods described above. NEPA screening form, and draft AEPCO VerDate Sep<11>2014 19:08 Mar 19, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1

12202 Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices CCAA, available for public review and Sonoran desert tortoise habitat, and; its implementing regulations (40 CFR comment. limiting taking habitat, eggs, and female 1506.6). Sonoran desert tortoises. Additionally, Background Joy E. Nicholopoulos, through the CCAA’s reporting Survival enhancement of permits requirements, the FWS will receive Acting Regional Director, Southwest Region, issued for CCAAs encourage non- Albuquerque, New Mexico. additional tortoise distribution data to Federal landowners, including non- [FR Doc. 2018–05590 Filed 3–19–18; 8:45 am] add to the overall Sonoran desert Federal operators holding easements on tortoise knowledge base, and use it to BILLING CODE 4333–15–P private lands, to implement further species conservation. Since the conservation measures for species that Sonoran desert tortoise is not federally are, or are likely to become, candidates DEPARTMENT OF THE INTERIOR listed, there is no regulatory for Federal listing as endangered or requirement for AEPCO to implement a threatened under the Act, by assuring Fish and Wildlife Service conservation program. Therefore, absent landowners/operators they will not be the CCAA, it is unlikely these benefits subjected to increased property use [FWS–R2–ES–2017–N186; to the tortoise would be realized. FXES11140200000–189–FF02ENEH00] restrictions if the covered species We will evaluate the permit becomes listed in the future. Incidental Take Permit Application application, associated documents, and Application requirements and survival Received To Participate in the comments we receive to determine enhancement of permit issuance criteria American Burying-Beetle Amended Oil whether the permit application meets for CCAAs are in the Code of Federal and Gas Industry Conservation Plan in the requirements of the Act, NEPA, and Regulations (CFR) at 50 CFR 17.22(d) Oklahoma implementing regulations. If we and 17.32(d). The joint policy on determine that all requirements are met, CCAAs was published in the Federal AGENCY: Fish and Wildlife Service, we will approve the proposed CCAA Register with the Department of Interior. and, should the species become listed as Commerce’s National Oceanic and ACTION: Notice of availability; request threatened or endangered under the Act Atmospheric Administration, National for public comments. in the future, the AEPCO permit under Marine Fisheries Service on December the Act, section 10(a)(1)(A), will become 27, 2016 (80 FR 95164; December 27, SUMMARY: Under the Endangered effective and provide Sonoran desert 2016). Species Act (ESA), as amended, we, the tortoise incidental take coverage U.S. Fish and Wildlife Service, invite Proposed Action through the remainder of the CCAA’s the public to comment on a federally The proposed action is the FWS 25-year duration. We will not make our listed American burying-beetle issuing AEPCO a permit for covered final decision until after the comment incidental take permit (ITP) application. activities in the permit area for up to 25 period ends, and we will fully consider The applicant anticipates American years, pursuant to the Act, section all comments we receive during the burying-beetle take as a result of 10(a)(1)(A). The Permit would cover public comment period. impacts to habitat the species uses for Sonoran desert tortoise ‘‘take’’ Public Availability of Comments breeding, feeding, and sheltering in associated with covered activities Oklahoma. The take would be occurring within the permit area. All comments we receive become part incidental to the applicant’s activities The proposed AEPCO CCAA commits of the public record associated with this associated with oil and gas well field AEPCO to implement conservation action. Requests for copies of comments and pipeline infrastructure (gathering, measures to reduce threats and will be handled in accordance with the transmission, and distribution), contribute to furthering Sonoran desert Freedom of Information Act, NEPA, and including geophysical exploration tortoise conservation on lands AEPCO Service and Department of the Interior (seismic), construction, maintenance, uses while implementing covered policies and procedures. Before operation, repair, decommissioning, and activities within the tortoise’s Arizona including your address, phone number, reclamation. If approved, the permit range. email address, or other personal would be issued under the approved To meet section 10(a)(1)(A) permit identifying information in your American Burying Beetle Amended Oil requirements, the applicant developed comment, you should be aware that and Gas Industry Conservation Plan and proposes to implement the AEPCO your entire comment—including your (ICP) Endangered Species Act Section CCAA, which describes the personal identifying information—may 10(a)(1)(B) Permit Issuance in conservation measures AEPCO has be made publicly available at any time. Oklahoma. agreed to undertake to reduce tortoise While you can ask us to withhold your threats, ensure that incidental take will personal identifying information from DATES: To ensure consideration, written not appreciably reduce the likelihood public review, we cannot guarantee that comments must be received on or before the species can survive and recover in we will be able to do so. All April 19, 2018. the wild, and benefit Sonoran desert submissions from organizations or ADDRESSES: You may obtain copies of tortoises and their habitats. businesses, and from individuals all documents and submit comments on Expected benefits include, but may identifying themselves as the applicant’s ITP application by one of not be limited to: Developing and representatives or officials of the following methods. Please refer to delivering personnel and contractors a organizations or businesses, will be the proposed permit number when training and awareness program, along made available for public disclosure in requesting documents or submitting daltland on DSKBBV9HB2PROD with NOTICES with annual refreshers to avoid and their entirety. comments. minimize Sonoran desert tortoise take; • U.S. Mail: U.S. Fish and Wildlife Authority limiting the amount of new disturbance Service, Endangered Species—HCP within tortoise habitat; providing early We provide this notice under the Act, Permits, P.O. Box 1306, Room 6093, notification of new buffelgrass section 10(c) and its implementing Albuquerque, NM 87103. infestations to afford opportunity for regulations (50 CFR 17.22 and 17.32) • Electronically: fw2_hcp_permits@ buffelgrass management to improve and NEPA (42 U.S.C. 4371 et seq.) and fws.gov. VerDate Sep<11>2014 19:08 Mar 19, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1


Document Created: 2018-03-20 01:10:40
Document Modified: 2018-03-20 01:10:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability request for comment.
DatesSubmission of Comments: We will accept comments received or postmarked on or before April 19, 2018.
ContactSteven L. Spangle, Field Supervisor, U.S. Fish and Wildlife Service, 9828 North 31st Avenue, Phoenix, AZ 85051; (602) 242-0210 (telephone).
FR Citation83 FR 12201 
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