[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 
[email protected]. 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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