[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Pages 12201-12202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected] (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]
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