draft candidate conservation agreement with … · tucson, arizona 85712 . candidate conservation...

ARIZONA ELECTRIC POWER COOPERATIVE CANDIDATE CONSERVATION AGREEMENT WITH ASSURANCES

AGREEMENT NUMBER: _____________________________________________________________________________________________

DRAFT

Candidate Conservation Agreement with Assurances

For

Sonoran Desert Tortoise (Gopherus morafkai)

An Agreement between

Arizona Electric Power Cooperative, Inc., Arizona

and the

U.S. Fish and Wildlife Service

August 2017

Prepared by:

Arizona Electric Power Cooperative, Inc. 1000 S. Highway 80

Benson, Arizona 85602-7007

and

4001 E. Paradise Falls Drive Tucson, Arizona 85712

Candidate Conservation Agreement with Assurances for Sonoran Desert Tortoise Arizona Electric Power Cooperative, Inc.

ii

This Candidate Conservation Agreement with Assurances (CCAA) for the Sonoran desert tortoise (Gopherus morafkai), effective and binding on the date of last signature below, is between Patrick F. Ledger of Arizona Electric Power Cooperative, Arizona and the U.S. Fish and Wildlife Service (Service), hereafter collectively called the “Parties”:

Project Proponent: Arizona Electric Power Cooperative, Inc.

Cooperators: N/A

Service: The Service designates the following individual as the Agreement Administrator:

Field Supervisor Arizona Ecological Services Office Phoenix, Arizona

Tracking Number: TE 00948C–0


iii

TABLE OF CONTENTS

1. INTRODUCTION ................................................................................................................................ 1 2. AUTHORITY ....................................................................................................................................... 1 3. CONSERVATION GOALS AND OBJECTIVES ............................................................................... 1 4. DESCRIPTION OF EXISTING CONDITIONS, STATUS AND THREATS .................................... 2

4.1. Sonoran Desert Tortoise Taxonomy and Listing History ............................................................. 2 4.2 Natural History and Distribution .................................................................................................. 3 4.3 Factors Affecting the Species ....................................................................................................... 5 4.4 Description of Existing Conditions within the CCAA Area ........................................................ 5

5. COVERED ACTIVITIES ..................................................................................................................... 6 5.1. Transmission Line Road Use, Maintenance, and Repair .............................................................. 8 5.2. Vegetation Management ............................................................................................................... 8 5.3. Transmission Line Maintenance Activities .................................................................................. 8

6. CONSERVATION MEASURES ......................................................................................................... 9 7. EXPECTED CONSERVATION BENEFITS ..................................................................................... 10 8. RESPONSIBILITIES OF THE PARTIES .......................................................................................... 12

8.1. Permittee ..................................................................................................................................... 12 8.2. The Service ................................................................................................................................. 12

9. ANTICIPATED TAKE ....................................................................................................................... 13 9.1. NOTIFICATION OF TAKE REQUIREMENT ......................................................................... 14

10. ASSURANCES PROVIDED .............................................................................................................. 14 10.1. Assurances in the permit ............................................................................................................ 14 10.2. Changed circumstances .............................................................................................................. 14 10.3. Unforeseen circumstances .......................................................................................................... 15

11. MONITORING AND REPORTING PROVISIONS ......................................................................... 16 11.1. COMPLIANCE MONITORING ............................................................................................... 16 11.2. BIOLOGICAL MONITORING ................................................................................................. 17 11.3. ANNUAL REPORTING ............................................................................................................ 17

12. ADAPTIVE MANAGEMENT ........................................................................................................... 17 13. MODIFICATIONS AND AMENDMENTS ...................................................................................... 18

13.1. MODIFICATION OF THE CCAA ............................................................................................ 18 13.2. AMENDMENT OF THE PERMIT ............................................................................................ 18

14. DURATION OF AGREEMENT ........................................................................................................ 19 14.1. TERMINATION OF THE CCAA ............................................................................................. 19 14.2. PERMIT SUSPENSION OR REVOCATION ........................................................................... 19

15. AVAILABILITY OF FUNDS ............................................................................................................ 19 16. MISCELLANEOUS PROVISIONS ................................................................................................... 20

16.1. REMEDIES ................................................................................................................................ 20 16.2. DISPUTE RESOLUTION .......................................................................................................... 20 16.3. SUCCESSION AND TRANSFER ............................................................................................. 20 16.4. NO THIRD-PARTY BENEFICIARIES .................................................................................... 20 16.5. NOTICES AND REPORTS ....................................................................................................... 21

17. REFERENCES .................................................................................................................................... 22

TABLES

Table 1. Acres of Suitable Sonoran Desert Tortoise Habitat ............................................................ 3 Table 2. Number of Transmission Structures Located in Suitable Habitat ....................................... 7


iv

FIGURES

Figure 1. Arizona Electric Power Cooperative’s Transmission System Figure 2. Arizona Electric Power Cooperative’s Transmission System within the Known Range of

Sonoran Desert Tortoise Figure 3A. Parker Bagdad Transmission Line with Access Roads Figure 3B. Marana Tap/Marana Transmission Line with Access Roads Figure 3C. Avra Valley/Marana Transmission Line with Access Roads Figure 3D. Avra Valley/Sandario Tap Transmission Line with Access Roads Figure 3E. Sandario Tap/Three Points Transmission Line with Access Roads Figure 3F. Three Points/Valencia Transmission Line with Access Roads Figure 3G. Three Points/Bicknell Transmission Line with Access Roads Figure 3H. Pantano/Kartchner Transmission Line with Access Roads Figure 3I. Winchester/Hayden Transmission Line with Access Roads Figure 3J. Thornydale-Thornydale Tap Transmission Line with Access Roads Figure 3K. Sandario Tap/Sandario Transmission Line with Access Roads Figure 3L. Sahuarita/Bicknell Transmission Line with Access Roads Figure 3M. New Tucson/Sahuarita Transmission Line with Access Roads Figure 3N. Pantano/New Tucson Transmission Line with Access Roads Figure 3O. Butterfield/Pantano Transmission Line with Access Roads Figure 3P. Vail/Bicknell Transmission Line with Access Roads

APPENDICES

Appendix A. Arizona Electric Power Cooperative Training Material Appendix B. Application for the Enhancement of Survival Permit


1

1. INTRODUCTION

Candidate Conservation Agreements with Assurances (CCAAs) are intended to facilitate the conservation of proposed and candidate species, and species that may become candidates, by giving non-Federal property owners incentives to implement conservation measures for declining or at-risk species. The U.S. Fish and Wildlife Service (Service) provides incentives to non-Federal property owners through these agreements by ensuring that no further land, water, or resource use restrictions beyond those agreed to in the CCAA will be imposed if the species later becomes listed under the Endangered Species Act. If the species does become listed, the property owner is provided coverage for incidental take through an enhancement of survival permit associated with the CCAA. Before entering into a CCAA, the Service must determine that the benefits of the conservation measures to be implemented, when combined with the benefits that would be achieved if it is assumed that conservation measures were also to be implemented on other necessary properties, would preclude or remove the need to list the covered species. This CCAA has been prepared for the Sonoran desert tortoise (Gopherus morafkai) by Arizona Electric Power Cooperative (AEPCO), in coordination with the Service, to support ongoing maintenance and repair of AEPCO’s power transmission system (Figure 1) that occurs within the range of the Sonoran desert tortoise. 2. AUTHORITY

Sections 2, 7, and 10 of the Endangered Species Act of 1973, as amended (Act, 16 U.S.C. 1531 et seq.), allow the Service to enter into this CCAA. Section 2 of the Act states that encouraging interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs is a key to safeguarding the Nation’s heritage in fish, wildlife, and plants. Section 7 of the Act requires the Service to review programs that it administers and to utilize such programs in furtherance of the purposes of the Act. Section 10(a)(1)(A) of the Act authorizes the issuance of permits to “enhance the survival” of a listed species. By entering into this CCAA, the Service is using its Candidate Conservation Program to further the conservation of the Nation’s fish and wildlife. 3. CONSERVATION GOALS AND OBJECTIVES

Consistent with the Service’s “Candidate Conservation Agreement with Assurances Final Policy” (80 FR 95164), the conservation goals of this CCAA are to enhance population survival during implementation of AEPCO’s covered activities. This conservation goal will be met through AEPCPO’s implementation of the conservation measures and this plan. AEPCO will be provided regulatory certainty concerning land use restrictions that might otherwise apply should this species become listed under the Act. Through this CCAA, AEPCO, in collaboration with the Service, will implement conservation measures for the Sonoran desert tortoise, thereby reducing threats to the Sonoran desert tortoise and its habitat that are controllable within the defined CCAA Area (Figure 2). The implementation of the conservation measures will reduce the potential for direct fatalities resulting from AEPCO’s maintenance activities,


2

and will limit new impacts to suitable habitat for the Sonoran desert tortoise to no more than an average of 6.5 acres annually. Emphasis given to protecting adult female tortoises should limit any potential adverse effects on adjacent tortoise populations by ensuring adult females continue to breed and produce future tortoises. Implementation of an early notification system for new nonnative grass patches which may colonize an area will help ensure these areas are not overcome by nonnative grasses. The majority of transmission line structures occur in medium or low value Sonoran desert tortoise habitat, which further limits potential adverse effects to Sonoran desert tortoise populations and habitat. This CCAA limits impacts to 162.5 acres of the 24 million acres of potential suitable Sonoran desert tortoise habitat across its range over the course of 25 years. This equates to only 0.0007 percent of the total Sonoran desert tortoise habitat expected to be potentially impacted by covered activities. These percentages are based on the Service’s 2015 SSA (Service 2015), in which it is cited that 24 million acres of potential Sonoran desert tortoise habitat is predicted rangewide, of which 64 percent occurs in the U.S. (Arizona) and 36 percent occurs in Mexico (Sonora). 4. DESCRIPTION OF EXISTING CONDITIONS, STATUS AND THREATS

4.1. SONORAN DESERT TORTOISE TAXONOMY AND LISTING HISTORY

Until 2011, desert tortoises in the southwestern United States were considered to be a single species under the taxon Gopherus agassizii. An analysis of genetics and a suite of other characters published by Murphy et al. (2011) indicated that the Mojave Desert and Sonoran Desert populations are distinct, and suggested that the Sonoran population be elevated to species status under the taxon G. morafkai, leaving the Mojave (aka Agassiz’s) desert tortoise as G. agassizii. The Service has since recognized the Sonoran (aka Morafka’s) desert tortoise as a separate species from the Mojave desert tortoise, and has accepted the suggested nomenclature (Service 2012). Investigations are ongoing to determine if a population segment of G. morafkai occupying Sinaloan thornscrub in Mexico should be considered a species separate from both G. morafkai and G. agassizii (Murphy et al. 2011), which would reduce the population and range of G morafkai. In 1990, prior to the split into two species, the Mojave population of the desert tortoise was listed as threatened under the Endangered Species Act (Service 1990), but the Sonoran population was not included in the rule. In 2008, still prior to its recognition as a separate species, several groups filed a petition with the Service to list the Sonoran desert tortoise as a Distinct Population Segment (DPS) with critical habitat (WildEarth Guardians and Western Watersheds Project 2008). In 2009, the Service published a 90-day finding warranting a further status review, and in 2010 it published a 12-month review announcing that the listing of the Sonoran DPS was warranted but precluded by higher priority species, assigning candidate status to the DPS (Service 2009, 2010). In a May 10, 2011 settlement between the Service and WildEarth Guardians (U.S. District Court for the District of Columbia 2011), the Service agreed to a listing schedule for 251 species. The Sonoran desert tortoise was one of 24 species in Arizona affected by the settlement agreement and, as outlined therein, on October 15, 2015 the Service issued a “not warranted” determination for the species.


3

In addition to having previously been a candidate for federal listing, the Sonoran desert tortoise is listed as a Bureau of Land Management sensitive species (BLM 2010), a U.S. Forest Service sensitive species (USFS 2013), and an Arizona wildlife species of concern (Arizona Game and Fish Department [AGFD] 2010).

4.2 NATURAL HISTORY AND DISTRIBUTION

Sonoran desert tortoises in Arizona are found throughout much of the southcentral and western portions of the state south and east of the Colorado River, from near Pearce Ferry in Mohave County south to the Mexican border in Yuma, Pima and western Santa Cruz counties (Figure 2). The western edge of their range is south and east of the Colorado River. The eastern edge of the range extends south from Pearce Ferry and expands eastward, crossing southern Yavapai County north of Phoenix and into Gila County. The north-easternmost records are in Gila County along the Salt River near Roosevelt Lake, but these observations have not been confirmed recently (AGFD 2010). Their range includes the western edge of Gila County, southeast through the San Pedro River Valley and into southwestern Graham County, where the easternmost known populations are found (AGFD 2010). South of the Pinaleño Mountains, the edge of their range turns southwest through northwestern Cochise County, extreme southeastern Pima County, and the western portion of Santa Cruz County. Reports of tortoises in eastern Cochise County semidesert grassland and Chihuahuan desertscrub, outside of the range described above, may represent natural populations of Sonoran desert tortoises, escaped pets, or in some cases misidentified species (AGFD 2010, Hulse and Middendorf 1979, Germano et al. 1994, Van Devender 2002); genetic testing of one tortoise from that area indicated that it was most closely related to tortoises from the Phoenix area, and it was likely a released or escaped captivity (Service 2010). Tortoises from that region were therefore not included in the Service’s Status Review (Service 2010). In Mexico, the Sonoran desert tortoise occupies Sinaloan thornscrub through southern Sonora, to the edge of tropical deciduous forest in northern Sinaloa (Van Devender 2002). As noted above, studies of G. morafkai at the southern range of the species, in southern Sonora and northern Sinaloa, are underway as potentially warranting designation as a separate species. Within their range as depicted on Figure 2, Sonoran desert tortoise distribution is island-like. Populations in most cases are concentrated on the slopes and upper bajadas of mountain ranges, decreasing in density with distance from the mountain slopes. Populations are known from most major and many of the smaller mountain ranges within that area, although Arizona occurrence records are more scattered in the hotter, drier southwestern portion of their range in Arizona (AGFD 2014). Sonoran desert tortoise populations occur at elevations from approximately 510 to 5,300 ft (155 to 1,615 m), but are most often found between 985 and 3,500 ft (300 to 1,067 m) (Barrett and Johnson 1990, AGFD 2010). They are most often associated with Sonoran desertscrub, primarily the Arizona Upland subdivision, but sometimes with mixed elements of the Lower Colorado River subdivision (Van Devender 2002, Averill-Murray et al. 2002a, Averill-Murray and Averill-Murray 2005, Zylstra and Steidl 2009). They are also known to occasionally occur in desert grassland communities


4

(e.g., Tortolita Mountains, Pinal Co., Arizona; Martin 1995), in oak woodland communities (e.g., Rincon Mountains, Pima Co., Arizona; Van Devender 2002), and, along the periphery of their core range, from Sonoran desertscrub that is ecotonal with and includes elements of Mohave desertscrub and juniper woodland, interior chaparral, and semi-desert grassland (Brown 1982, Averill-Murray et al. 2002a, Zylstra et al. 2013). Sonoran desert tortoise habitat primarily includes steep, rocky slopes, dissected bajadas, and foothills with boulder and rock piles that occur above the flat valley floor. In these environments, shelter sites are often associated with these boulder piles and Sonoran desert tortoises use existing crevices and cavities, often with loose, friable soils that allow for modification. Other shelter sites in these environments consist of partially excavated, i.e., not deep, divots (aka pallets) on hillsides under vegetation (Martin 1995). Sonoran desert tortoises will also frequent pack rat houses, which provide thermal buffering and increased humidity (Martin 1995, Averill-Murray et al. 2002b). In parts of their range, occupancy is associated with caliche caves or other strata subject to formation of natural cavities along desert washes and arroyos. Tortoise populations in some areas of their distribution where boulder piles and rocky outcrops are nonexistent rely exclusively on these latter types of shelter sites (e.g., in the vicinity of Florence, Arizona; Riedle et al. 2008). Other exceptions to the typical boulder-associated shelter site include the lower San Pedro River population where tortoises, at least in some cases, excavate their burrows out of soft, friable sedimentary soils (Bailey 1992, Bailey et al. 1995). Shelter sites are used for thermoregulation, protection from predation, and as nesting sites (Service 2010). Individual tortoises typically use multiple shelter sites within their home range (Martin 1995, Averill-Murray et al. 2002b, Riedle et al. 2008). Availability of shelter sites is considered to likely be one the most limiting factors determining occupancy and/or population density (Zylstra and Steidl 2009, Averill-Murray et al. 2002a). Once considered to be generally absent from intermountain valleys, Sonoran desert tortoises are now known to occupy these environments, albeit at relatively lower population densities than adjacent mountain environments (Edwards et al. 2004, Averill-Murray and Averill-Murray 2005). One intermountain area where tortoises were detected appears to be primarily interconnected bajadas (alluvial fans) that largely support Arizona Upland vegetation (Averill-Murray and Averill-Murray 2002, 2005)1. This environment and its potential to support Sonoran desert tortoise populations is presumably very different from the large, wide, flat valley bottoms that support primarily Lower Colorado desertscrub. The Service (2010) considers it less likely that Sonoran desert tortoises will successfully cross the relatively hot, dry, sparsely vegetated expanses of Lower Colorado desertscrub than Arizona Upland desertscrub. Whether or not intermountain valleys support populations of resident Sonoran desert tortoises, their ability to cross these valleys from population to population is considered important to maintaining genetic flow between populations, allowing for shifting range in response to environmental changes, and recolonizing areas after localized population declines due to regional

1 Interpretation of these intermountain valleys is based on review of a map of survey transects (Averill-Murray and Averill-Murray 2002,

Figure 3), a photograph (Averill-Murray and Averill-Murray 2005; Figure 2, Photo X), and Google Earth aerial imagery.


5

disturbances (Service 2010). Considering the configuration of the CCAA Area, the distribution and abundance of Sonoran desert tortoise is expected to vary considerably within this area. Data collected during the implementation of Conservation Measures may help refine the Sonoran desert tortoise distribution within the lands where the Covered Activities will occur. Sonoran desert tortoise activity is strongly seasonal. Hibernating during winter (generally November through February), sometimes emerging during warm spells, Sonoran desert tortoises generally become active during late winter or early spring (often in March) with the onset of warmer temperatures and new plant growth driven by winter rains (Averill-Murray et al. 2002b). Females tend to be more active during this season than males (Averill-Murray et al. 2002b, Sullivan et al. 2014). Activity greatly decreases during the hot, dry period of mid-May to the onset of monsoon storms (late June to July). The period of greatest activity for both sexes is initiated by the onset of the summer monsoon season and subsequent availability of water and plant forage species, and continues through September. Sonoran desert tortoise activity greatly decreases as temperatures decline, typically in mid to late October. During their periods of activity, Sonoran desert tortoises are more likely to take shelter in deeper burrows than in winter, but are also more likely to use the more ubiquitous cover of plants overnight (Averill-Murray et al. 2002b). Although they use similar types of burrows for winter hibernacula as during the summer activity period, in at least some locations they tend to avoid hibernating in certain types of burrows that they frequent during the summer (Averill-Murray et al. 2002b). 4.3 FACTORS AFFECTING THE SPECIES

In 2015, the Service re-evaluated the status of the Sonoran desert tortoise, a Federal candidate species as of 2010. This evaluation included a Species Status Assessment, or SSA. The SSA process included assembling a team of the most knowledgeable experts on Sonoran desert tortoises in private and public sectors to collect, evaluate, and model information on the species’ needs, potential habitat, and what predominate risk factors may be affecting, or could affect, population resiliency, redundancy, and representation across its range in the foreseeable future. To assist with this process, the Service contracted the development of a population viability model capable of running hundreds of thousands of simulations, hundreds of years into the future, under a widely varied array of possible baseline conditions. Collectively, this process identified six primary risk factors that could affect Sonoran desert tortoises on a regional or rangewide scale. These risk factors were: 1) altered plant communities; 2) altered fire regimes; 3) habitat conversion; 4) habitat fragmentation; 5) human-tortoise interactions; and 6) drought associated with climate change. 4.4 DESCRIPTION OF EXISTING CONDITIONS WITHIN THE CCAA AREA

The transmission lines and access roads within the CCAA Area occur within multiple jurisdictions and cross federal, state, and private lands. The allowed land uses within these areas vary considerably and are controlled and managed by the land owner/public land manager not by AEPCO. AEPCO’s existing


6

maintenance activities as described in Section 5 - Covered Activities have been occurring for many years and in some instances, decades. These activities will continue into the future and include: 1) access road use, maintenance, repair and reconstruction, 2) vegetation management, and 3) transmission line maintenance that includes routine inspections and the repair or replacement of system components 5. COVERED ACTIVITIES

AEPCO operates and maintains more than 620 miles of high voltage transmission line and 26 substations, reaching out from AEPCO’s Apache Generating Station across Arizona to the northwestern corner of the state (Figure 1). AEPCO operates and maintains approximately 197 miles of high voltage transmission lines, ranging from 69 kilovolt (kV) to 345 kV, and 1,362 structures within suitable habitat for the Sonoran desert tortoise2 (Figure 2). Within the 197 miles of transmission lines, there are approximately 2,152 acres of suitable Sonoran desert tortoise habitat contained within AEPCO’s transmission line rights-of-ways and easements (collectively Easements). The total amount of suitable habitat and acres of habitat by habitat quality category and by line segment is provided in Table 1. The total number of transmission line structures by habitat category is provided in Table 2.

Table 1. Acres of Suitable Sonoran Desert Tortoise Habitat Habitat value delineations provided by the Service (Service 2015). This mapping is relatively simple in its approach, and from past experience, it appears to over-value many areas. Nevertheless, it provides an objective measure for this CCAA with regard to implementation of conservation measures that is conservative in its approach.

Line Segment Acres of Suitable Sonoran desert tortoise habitat

Total High Value Medium Value Low Value 69 Kilovolt Systems

Planet Tap-Bagdad 587.2 339.3 214.4 33.5 115 Kilovolt Systems

Marana Tap-Marana 2.0 0 0.9 1.1 Avra Valley-Marana 22.7 0 9.1 13.6 Sandario Tap-Avra Valley 23.8 0 8.5 15.3 Sandario Tap-Three Points 68.9 10.8 53.9 4.2 Three Points-Valencia 73.9 0 73.9 0 Three Points-Bicknell 137.6 22.7 113.8 1.1 Pantano-Karchner 24.8 19.5 5.2 0.1 Winchester-Hayden 454.1 370.2 78.7 5.2

230 Kilovolt Systems Thornydale-Thornydale Tap 6.1 0 6.1 0 Sandario Tap-Sandario 91.8 50.1 12.9 28.8 Sahuarita-Bicknell 67.2 8.2 58.6 0.4 New Tucson-Sahuarita 150.8 0.4 145.9 4.5 Pantano-New Tucson 70.5 30.4 40.1 0 Butterfield-Pantano 41.2 23.1 13.2 4.9

345 Kilovolt System Vail-Bicknell 329.5 17.8 310.2 1.5

2 Based on the draft Sonoran desert tortoise habitat quality GIS layer provided by the Service.


7

Line Segment Acres of Suitable Sonoran desert tortoise habitat

Total High Value Medium Value Low Value Total 2,152.1 892.5 1,145.4 114.2

Table 2. Number of Transmission Structures Located in Suitable Habitat Habitat value delineations provided by the Service (Service 2015). This mapping is relatively simple in its approach, and from past experience, it appears to over-value many areas. Nevertheless, it provides an objective measure for this CCAA with regard to implementation of conservation measures that is conservative in its approach.

Line Name and Voltage

Number of Transmission Line Structures in Mapped Sonoran Desert Tortoise Habitat

Total High Value Habitat

Medium Value Habitat

Low Value Habitat

69 Kilovolt Systems Planet Tap-Bagdad 399 235 145 19

115 Kilovolt Systems Marana Tap-Marana 4 0 3 1 Avra Valley-Marana 29 0 13 16 Sandario Tap-Avra Valley 21 0 11 10 Sandario Tap-Three Points 80 9 66 5 Three Points-Valencia 69 0 69 0 Three Points-Bicknell 122 20 102 0 Pantano-Kartchner 17 14 3 0 Winchester-Hayden 251 184 63 4

230 Kilovolt Systems Thornydale-Thornydale Tap 2 0 2 0 Sandario Tap-Sandario 2 0 2 0 Sahuarita-Bicknell 57 8 49 0 New Tucson-Sahuarita 110 0 108 2 Pantano-New Tucson 54 21 33 0 Butterfield-Pantano 34 19 12 3

345 Kilovolt Systems Vail-Bicknell 111 4 99 8

Total 1,362 514 780 68 To support and maintain functionality of the high voltage transmission line system within areas identified as Sonoran desert tortoise habitat by the Service, AEPCO maintains approximately 287.9 miles of unpaved access roads. This value does not include paved access roads that are maintained by other entities. The transmission lines and associated access roads are depicted on Figures 3A through 3P. The CCAA Area encompasses the approximately 2,152 acres of Easements described above and the unpaved access roads that may extend outside of the designated Easements but are nonetheless essential for operation and maintenance activities.

AEPCO’s transmission lines and access roads generally are located within their Easements, although access roads occasionally leave the Easements due to terrain or other site constraints. The transmission lines and access roads occur within multiple jurisdictions and cross federal, state, and private lands.


8

To ensure reliability of AEPCO’s transmission system, occasional repair and replacement of transmission structures is required. For the purpose of this CCAA, the covered maintenance and repair activities will include all AEPCO’s operation and maintenance activities as described below on transmission structures, transmission lines, substations, and unpaved access roads, whether within or outside of AEPCO’s Easements (collectively the Covered Activities).

5.1. TRANSMISSION LINE ROAD USE, MAINTENANCE, AND REPAIR

Road access to each of AEPCO’s transmission structures was established when the transmission lines were originally built. Access roads are approximately 24 feet wide, including 7 feet on either side of the centerline that is mechanically graded. Maintaining road access is required for structure inspection and maintenance purposes. Access is typically via dirt roads that are located within the existing Easements. Some sections may be out of the Easements because of terrain or other site constraints. In almost every case, reconstruction of transmission line access roads uses the original alignment of access roads. In the unlikely event that new disturbance is required, that disturbance will be documented and included within the total allowable average annual impact limit of 6.5 acres.

Maintenance, repair, and reconstruction activities routinely completed on transmission line access roads includes using heavy equipment to re-grade the access route to repair erosion and other damage and to maintain access suitable for high-clearance vehicles. The removal of rocks, fallen trees, and other objects from access routes in order to provide safe entry is often necessary. Pruning and removal of vegetation (alive or dead) to maintain sufficient widths that allow bucket trucks and other vehicles to access transmission structures without damage to the vehicle is also required. Equipment that is used to repair and reconstruct transmission line roads can include backhoes, graders, loaders, small bulldozers, and hand equipment.

5.2. VEGETATION MANAGEMENT

Vegetation management includes manual and/or mechanical clearing and herbicide treatment to control vegetation hazards with the potential to cause physical damage to transmission line components or potential arcing between the conductor and vegetation that can result in wildfire. Vegetation management and maintenance also enables safe, reasonable access to the transmission lines and structures for inspection and maintenance. Vegetation within high value habitat for the Sonoran desert tortoise (as mapped by the Service [2015] and used herein) will be limited to manual clearing. Mechanical clearing will not be authorized.

5.3. TRANSMISSION LINE MAINTENANCE ACTIVITIES

Transmission structures, conductors and associated equipment, such as davit arms, insulators, and fasteners, require repair and maintenance. AEPCO visits each structure biannually to conduct a visual inspection from the ground to identify and correct potentially hazardous conditions.

As determined by inspection, replacement or repair of small system components, vertical support structures, and conductor may include minor amounts of surface disturbance for heavy equipment maneuvering and laydown areas, most of which occurs on previously disturbed surface. Replacing structures and other components may require minor clearing of vegetation in order to provide safe


9

working conditions, and auguring holes or constructing concrete piers beneath the existing surface for replacement structures. With the new structure in place, augured holes are backfilled with the augured soil or cement, and the augured soil is used to cover piers. Heavy equipment is used for the replacements.

Conductor replacement is uncommon. Replacement conductor is usually pulled using the old conductor or static wire. A tag line would be pulled if the conductor was missing, or is otherwise unsuitable for that purpose. Replacement of the conductor is accomplished by stringing the tag line through pulleys placed on the support structures and the conductor is pulled between structures by an all-terrain vehicle operating along easements and/or access roads, walking from structure to structure, or in rare cases, by helicopter. The conductor is pulled to the appropriate tension using a truck-mounted tensioner anchored at the reel end and pulled by a truck mounted puller at the pulling location.

6. CONSERVATION MEASURES

The goals and objectives of the proposed Conservation Measures are to 1) reduce the potential for direct fatality and injury to Sonoran desert tortoise from implementation of the Covered Activities and 2) limit the impacts to Sonoran desert tortoise habitat and associated effects to the species from repair and replacement of transmission structures and access road maintenance. The Permittee agrees to undertake the following Conservation Measures for this CCAA.

Conservation Measures 1 through 10 will be implemented throughout the CCAA Area, including those areas of the Butterfield-Pantano and Pantano-Kartchner transmission lines that extend outside of the range of Sonoran desert tortoise. Conservation Measure 10 will be implemented only within those portions of the CCAA Area within suitable Sonoran desert tortoise habitat as defined by the best available tortoise habitat map.

Measures to avoid direct fatalities associated with Maintenance Activities:

1. Develop a training and awareness program for all operation and maintenance personnel and contractors. Training will be conducted by AEPCO Environmental Staff every January and for contractors prior to initiating work. Initially developed training program is presented as Appendix A.

2. Develop an annual refresher training program to be implemented each July, prior to the peak activity season for Sonoran desert tortoises.

3. Provide detailed instruction to all crews with regard to proper and legal tortoise handling and relocation protocols. Provide disposable gloves to minimize risk of spreading Upper Respiratory Tract Disease and other transmissible diseases from tortoise to tortoise.

4. Document all known Sonoran desert tortoise injuries and mortalities from AEPCO’s operation and maintenance activities, and record in a central database. As part of the annual training program, conduct a root cause analysis of these mortalities with recommendations from field staff to minimize.

5. Crews will cover any holes augured for vertical structure replacement if left unattended, and inspect for trapped animals prior to filling the holes.


10

6. Using trained field supervisors and linemen, implement proper monitoring techniques including search for and inspection of potential burrows within work areas prior to implementing authorized repair activities, including prior to clearing of vegetation. Develop standard clearance protocol and documentation standards. Environmental staff will conduct field audits of clearance activities to ensure compliance and adequacy of inspections. Field audits will be conducted on 10 percent of all work conducted in high and medium value habitat as identified by the Service (2015).

7. During the annual refresher training, provide all attendees a rearview mirror placard for placement in all operation and maintenance vehicles. The placard will remind workers to check under vehicles and around work areas for tortoises prior to moving vehicles.

8. Develop a database on the AEPCO’s GIS, including records of Sonoran desert tortoises killed, injured, handled to move from harm’s way, or detected and tortoise shelters identified within AEPCO’s Easements during AEPCO’s operation and maintenance activities covered by this CCAA. This database will be used to identify hot spots and areas of special concern that may need more focused conservation awareness.

9. AEPCO’s transmission line inspector will monitor for the presence of buffelgrass (Pennisetum ciliare) in otherwise buffelgrass-free areas. If during monitoring efforts a novel buffelgrass infestation is suspected, it will be reported to the Service with information on the location and the appropriate land owner for further coordination on its treatment and removal.

10. To reduce impacts to suitable habitat, the authorized work area for the repair and replacement of any single transmission structure or unpaved road repair activity occurring within suitable habitat for the Sonoran desert tortoise will be limited to a 0.23 acre (the equivalent of 100 ft by 100 ft) disturbance area. The 100 ft by 100 ft work area represents the minimum area that would provide adequate space for the safe repair of any single transmission structure repair and replacement activity. These work areas may require clearing of large vegetation to facilitate access to the structure being repaired or replaced. The 0.23 acreage limit will be applied in all areas identified as suitable habitat for Sonoran desert tortoise in the draft 2015 Service habitat quality map (Service 2015) that have not already been disturbed and do not contain suitable habitat elements for Sonoran desert tortoise, regardless of voltage class. To the maximum extent practical and safe, repair crews will use existing disturbed areas for these activities. Because of the disturbance associated with initial construction of the line and previous maintenance activities, in most cases very limited vegetation clearing will be required. Based on AEPCO’s historic structure replacement rates, average annual new disturbance of up to 6.5 acres of suitable habitat will be allowed, which represents 0.3 percent of the total suitable habitat per year within AEPCO’s system. Based upon past experience, the actual disturbance in any given year is expected to be less than the average annual limit established by this conservation measure.

7. EXPECTED CONSERVATION BENEFITS

This CCAA has been prepared in accordance with the standards and requirements for CCAAs established by the Service. The Service must determine that the benefits of the Conservation Measures implemented in this agreement, would provide a net conservation benefit to the Sonoran desert tortoise.


11

Implementation of conservation measures will provide the following benefits:

1. Awareness training and annual refresher for operation and maintenance personnel will ensure that all workers in areas with tortoises are trained in procedures for reducing the risk of injury to tortoises, and will respond accordingly to avoid potential injury or fatality to tortoises they may encounter during their activities.

2. Examining the root cause of tortoise injuries provides the potential to modify the work process to further reduce the potential for injuries.

3. Developing standard clearance protocol and documentation standards will ensure all work areas are inspected for the presence of Sonoran desert tortoises prior to maintenance activities in order to avoid undue disturbance or injury to tortoises.

4. Providing rearview mirror placards provides a constant reminder to workers to be aware of the potential for tortoises to be present in work areas.

5. Through monitoring efforts, detect novel infestations of buffelgrass and report these to the Service for their coordination of treatment with the applicable landowner/manager. This action serves as an early detection/response that should minimize habitat degradation in the project area.

6. This CCAA limits impacts associated with facility and road repair and maintenance activities to an annual average impact limit of 6.5 acres or 162.5 acres over the next 25 years.

The Service expects the conservation measures, when implemented, will result in a net conservation benefit to Sonoran desert tortoises within the CCAA area through the following:

• Ongoing maintenance operations will be conducted in a manner that will reduce direct fatalities and injuries of tortoises.

• Additional protection to adult females from injury/fatality emphasizes the importance of adult female tortoises to the population, ensuring their continued ability to reproduce and contribute to the local population.

• The authorized work area will be limited to a small area (maximum 0.23 acre) to reduce new disturbances to tortoise habitat.

• New buffelgrass infestations in the vicinity will be reported to the Service; otherwise, these would not likely be detected.

• New data on tortoise distribution will inform conservation needs off-site. The conservation measures address the key current and anticipated likely future threats to Sonoran desert tortoise that are under AEPCO’s control: those of injury and fatality to tortoises during transmission system operation and maintenance, and new disturbance to habitat within the CCAA area. Without the CCAA, routine maintenance activities would continue, but without the benefits outlined above, leaving tortoises within the CCAA area vulnerable to greater levels of injury or fatality, and habitat within and adjacent to the area subject to new disturbance or degradation. Implementation of the measures identified in the CCAA will therefore result in a net conservation benefit to the Sonoran desert tortoise population than would otherwise occur, and should improve the status of the species by conserving tortoises, particularly adult females and their ability to reproduce and contribute to the local population.


12

8. RESPONSIBILITIES OF THE PARTIES

The responsibilities of the principal parties to this agreement are summarized below and where appropriate described in greater detail within the balance of this document. 8.1. PERMITTEE

1. The Permittee will implement the Conservation Measures described in Section 6 - Conservation Measures to 1) reduce the potential for direct injury or fatality associated with maintenance activities, and 2) limit the impacts to Sonoran desert tortoise habitat associated with repair and replacement of transmission structures.

2. Inform the Service within three working days of finding any dead or accidentally killed tortoises. 3. With reasonable advance notification, allow access to enrolled lands by the Service as needed to

monitor management of and ascertain compliance with this CCAA. 4. Inform the Service as soon as practicable of natural or human-caused emergency circumstances

that could negatively affect implementation of the conservation measures. 5. Follow guidelines provided by the Arizona Game and Fish Department (AGFD) for handling

injured tortoises or carcasses of tortoises. 6. Compile an annual report of activities related to implementation of and compliance with the

CCAA (see Annual Reporting, Section 11.3).

8.2. THE SERVICE

The Service agrees to provide the following technical and other assistance to aid the Permittee in implementing the Conservation Measures, subject to authorized and appropriated funds:

1. Provide assistance in coordinating, developing and implementing this CCAA.

2. If approved, the CCAA will be in effect for a term of 25 years and the Service will issue a section 10(a)(1)(A) Enhancement of Survival Permit to AEPCO, under section 10(a)(1)(A) of the Act, in accordance with 50 CFR 17.22 and 17.32 (d). The CCAA should be fully implemented during this 25 year duration. If the species becomes listed during this term, the Service will reissue the permit to AEPCO with an effective date that matches the effective date of the listing. This would provide AEPCO with authorization for incidental take of Sonoran desert tortoise and provide regulatory assurances for the remainder of the 25 year term, provided the CCAA has been fully implemented. The permit will authorize incidental take of Sonoran desert tortoise resulting from the covered activities as described in Section 5 - Covered Activities.

3. Monitor and enforce AEPCO’s compliance with this CCAA and the associated Enhancement of Survival Permit (Permit). Prior to initiating Permit suspension and revocation pursuant to 50 C.F.R. §§13.27(b) and 13.28(b), as described in Section 14.2 - Permit Suspension and Revocation, the Service and AEPCO would hold at least one in-person meeting to discuss options for AEPCO to resolve non-compliance issues.


13

4. Review and notify AEPCO of any reporting deficiencies or possible amendments to the CCAA that may warrant consideration within 60 days of receipt of monitoring and other reports submitted by AEPCO to the Service for compliance with the terms of the CCAA.

9. ANTICIPATED TAKE

Take is defined as actions or attempted actions to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect such species. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is further defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns including, but not limited to, breeding, feeding or sheltering. Incidental take is any take of federally-listed wildlife or state-listed wildlife and plants that is incidental to, but not the purpose of, otherwise lawful activities.

For AEPCO to agree to ensure the long-term conservation of the Sonoran desert tortoise, AEPCO requires the ability to conduct routine maintenance and operation activities. The likelihood of causing injury or death of Sonoran desert tortoises through permitted activities is unequal between size classes of tortoises. For example, the crushing of eggs within an earthen burrow, hatchlings, or small juveniles may go unnoticed during permitted activities because of their small size and cryptic appearance; whereas tortoises of reproductive size (≥8.7 in midline carapace length (Averill-Murray and Klug 2000); adult size class) are more conspicuous, especially while on a road, whether dirt or paved. Between adult Sonoran desert tortoises, females are expected to contribute the most to any given populations’ persistence over time and are therefore the most valuable to any given population. The odds of any given female tortoise reaching reproductive age range from 7-13 percent (Campbell et al. 2014), but when they reach adult status, their odds of survival are quite high with average adult survivorship at 92 percent (Zylstra et al. 2013). Adult females can have numerous clutches of eggs over their long life span, while a single male can fertilize numerous females in his territory over a single season. If an adult female is killed, the opportunity to produce progeny in the future over numerous decades is lost. While conducting these activities, AEPCO estimates that a maximum of five (5) eggs, hatchlings, or juveniles and three (3) adult Sonoran desert tortoise lethal/injury takes may occur in one year, but no more than 75 total (regardless of sex or age class) over the 25 year duration of this agreement. If more than two (2) adult female Sonoran desert tortoises are injured or killed in any single year, changed circumstances (section 10.2) will apply and non-emergency maintenance operations that may result in further fatalities will be limited to the inactive tortoise season to further minimize risk to adult females. Further, there should be no limit to non-lethal/non-injury takes to move tortoises out of harm’s way; but AEPCO estimates, based on past activities, that this number may total 5 in any one year. We expect that the most likely lethal take will be the result of vehicle/heavy equipment impact on access roads. Since new disturbances for pole repair and replacement will be very limited, approximately 0.23 acre, and all AEPCO Environmental Staff and contractors would be trained to watch for tortoises prior to initiating surface disturbances, it is expected that all Sonoran desert tortoises within those areas will be found, and it is unlikely that any injury or mortality would occur during pole repair or replacement. The number of lethal/injury takes was derived by estimating the number of takes that may occur annually, based on past


14

anecdotal reports. Non-lethal/non-injury take would result solely from moving Sonoran desert tortoises out of harm’s way. 9.1. NOTIFICATION OF TAKE REQUIREMENT

AEPCO will notify the Service within three business days of all take of Sonoran desert tortoise. Non-lethal takes in the form of relocation of Sonoran desert tortoise out of harm’s way will be reported annually in the required annual report.

10. ASSURANCES PROVIDED

The assurances listed below apply to AEPCO with an Enhancement of Survival Permit associated with this CCAA where the CCAA is being properly implemented. The assurances apply only with respect to species adequately covered by the CCAA.

10.1. ASSURANCES IN THE PERMIT

Upon approval of the CCAA and satisfaction of all other applicable legal requirements, the Service will issue a permit, in accordance with section 10(a)(1)(A) of the Act, to AEPCO authorizing incidental take of Sonoran desert tortoises, that will become effective if the species is listed in the future. If the Sonoran desert tortoise becomes listed under the Act during the term of the CCAA, incidental take would be authorized for the covered activities as described in Section 5, above, as long as the permit conditions, including implementation of the CCAA, are followed and keeping impacts, identified as take in the permit, under the levels identified. The permit would include the Act’s regulatory assurances set forth at CFR 50 17.22(d)(5) and 17.32(d)(5), should the species become listed. Through this CCAA, the Service provides AEPCO assurances that no additional conservation measures nor additional land, water, or resource use restrictions, beyond those voluntarily agreed to and described in the “Conservation Measures” section of this CCAA for the Covered Activities, will be required should the Sonoran desert tortoise become listed in the future. These assurances will be authorized with the issuance of an Enhancement of Survival Permit under section 10(a)(1)(A) of the Endangered Species Act. The application for the Enhancement of Survival Permit is included as Appendix B to this CCAA.

10.2. CHANGED CIRCUMSTANCES

Changed circumstances are circumstances affecting a species or geographic area covered by the CCAA that can reasonably be anticipated by the AEPCO and the Service and that can be planned for (e.g., the listing of new species, or a fire or other natural catastrophic event in areas prone to such events). The Parties anticipate that emergency maintenance is a changed circumstance that could occur within the covered area over the life of the CCAA. In an emergency, the resulting maintenance activities may result in the injury/fatality of more than the maximum annual take expected in one year (five [5] eggs, hatchlings, or juveniles and three [3] adult Sonoran desert tortoise lethal/injury takes). AEPCO does not anticipate meeting its annual amount of habitat disturbance (an average of 6.5 acres per


15

year) or total take of habitat over the course of the 25 years (162.5 acres over 25 years). While an emergency may require a larger impact to habitat during one year, AEPCO anticipates that this increase will not impact the overall take over the course of this CCAA. AEPCO has provided all reasonable conservation measures to prevent exceeding the maximum annual take of tortoises, as discussed above in Section 6.0; however, if AEPCO were to exceed the expected maximum annual take, the Service would be notified within 3 business days of the exceedance. If AEPCO exceeds the annual injury/fatality take of eggs, hatchlings, juveniles, adults, or adult female tortoises, non-emergency maintenance activities in areas of likely and known tortoise activity would be rescheduled to the tortoise inactive season (November through February) until the annual take level is below that specified. These areas would be identified in coordination with the Service. If AEPCO exceeds an average annual disturbance level of 6.5 acres over a 3 year period, AEPCO will work with the Service to rehabilitate the impacted habitat areas and protect them from future planned impacts for 3 years to allow for restoration. The responsibility of restoration of habitat above and beyond that affected in this CCAA would belong to AEPCO to the extent that such restoration is within the scope of their normal operation and maintenance activities, for example hydroseeding or supplemental planting. In addition, AEPCO will adhere to adaptive management techniques for meeting conservation, as discussed below in Section 12.

1. Changed circumstances provided for in the CCAA. No additional conservation measures are provided for in the CCAA’s operating conservation program to respond to changed circumstances.

2. Changed circumstances not provided for in the CCAA. If additional conservation measures are deemed necessary to respond to changed circumstances and such measures were not provided for in the CCAA’s operating conservation program, the Service will not require any conservation and mitigation measures in addition to those provided for in the CCAA without the consent of the permittee, provided the CCAA is being properly implemented.

10.3. UNFORESEEN CIRCUMSTANCES

A. In negotiating unforeseen circumstances, the Service will not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the CCAA, without the consent of the permittee.

B. If additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances, the Service may request additional measures of the permittee where the CCAA is being properly implemented, but only if such measures are limited to modifications to the CCAA's conservation program for the Sonoran desert tortoise (Section 6 of the CCAA), and maintain the original terms of the CCAA to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land,


16

water, or other natural resources otherwise available for development or use under the original terms of the CCAA without the consent of the permittee.

C. The Service will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the affected species. The Service will consider, but not be limited to, the following factors:

(1) Size of the current known range of the Sonoran desert tortoise;

(2) Percentage of range adversely affected by the CCAA; (3) Percentage of range conserved by the CCAA;

(4) Ecological significance of that portion of the range affected by the CCAA; (5) Level of knowledge about the Sonoran desert tortoise and the degree of specificity of the

Sonoran desert tortoise’s conservation program under the CCAA; and (6) Whether failure to adopt additional conservation measures would appreciably reduce the

likelihood of survival and recovery of the Sonoran desert tortoise in the wild.

11. MONITORING AND REPORTING PROVISIONS

Conservation efforts will be monitored by AEPCO environmental staff through field audits of clearance efforts to ensure compliance and adequacy of inspections. AEPCO will conduct field audits on 10 percent of all work conducted in areas identified as having high and medium value tortoise habitat by the Service (2015). In addition to determining the adequacy of inspection protocol, field audits will document total area of vegetation removal to ensure that no more than 0.23 acres of suitable habitat has been impacted for any single transmission structure replacement. Total impacts for the calendar year will be tracked as they occur. If environmental staff discovers inadequacies in clearance efforts, environmental staff will determine an appropriate method for correcting the inadequacies, such as additional clearance methods training for operation and maintenance personnel and contractors, and will report these methods to the Service.

The status of other Conservation Measures will be reported in the annual report, as described in Section 11.3 of this CCAA.

11.1. COMPLIANCE MONITORING

The Permittee will be responsible for monitoring and reporting as specified herein related to implementation of the CCAA and fulfillment of its provisions, including implementation of agreed-upon Conservation Measures; take in the form of injuries/fatalities to eggs, hatchlings, juveniles, and adult tortoises; and new habitat disturbances throughout the duration of the CCAA. The Service, after reasonable prior notice to the Permittee (one week in advance of a visit), may inspect the Covered Activities to ascertain compliance with the CCAA.


17

11.2. BIOLOGICAL MONITORING

AEPCO will document the location of all Sonoran desert tortoises and burrows encountered. This information will be included in AEPCO’s annual report to the Service and will be retained in AEPCO’s corporate records to the term of 5 years. 11.3. ANNUAL REPORTING

By March 31 annually, AEPCO will provide the Service an annual report which will include:

1. A copy of AEPCO’s current AGFD Scientific Collection Permit, 2. Proof of annual and refresher training, including sign-in sheets for attendees, 3. Locational information for all Sonoran desert tortoises encountered and burrows in which

tortoises or tortoise sign were found within the lands where Covered Activities occurred, 4. Detailed description of all instances when Sonoran desert tortoises were taken by AEPCO

personnel or other AEPCO-authorized persons, including any that may have resulted from AEPCO personnel or their operation and maintenance activities, including fatality, injury, capture and release locations, and any instances of a tortoise voiding its bladder during handling, and

5. Detailed description of all impacts to suitable habitat for the Sonoran desert tortoise associated with repair and maintenance activities, including the acreage of impacts.

12. ADAPTIVE MANAGEMENT

Service policy defines Adaptive Management as a method for examining alternative strategies for meeting measurable biological goals and objectives, and then, if necessary, adjusting future conservation management actions according to what is learned (65 FR 35242). Adaptive management allows for mutually agreed upon changes to the CCAA's conservation measures in response to changing conditions or new information. If the conservation measures do not yield the expected results and appear ineffective, then management activities can be changed or alternative activities undertaken to achieve those expected results. The CCAA will need to respond to specific management opportunities and needs as they arise, and unforeseen conditions such as drought or wildfire that may independently affect tortoise populations or occupied habitats in the vicinity of enrolled lands. The CCAA therefore includes an adaptive management program to ensure flexibility, implementation of conservation objectives to the maximum extent practicable, and that the most up-to-date scientific information is used. Decisions related to adaptive management will be based primarily on an evaluation of the compliance and biological monitoring results detailed in the annual reports.

The need to incorporate adaptive management modifications into the CCAA may result from three potential sources: (1) new scientific information concerning the habitat use, biology, or population dynamics of tortoises; (2) new scientific information concerning the effects of other biotic or abiotic factors on tortoises; and (3) information derived from the CCAA’s monitoring program. The effectiveness of the conservation measures, monitoring methods, and new technologies will be reviewed by the Parties


18

on an annual basis. Upon such evaluation, if management activities need to be altered to improve benefits for the species, they will be altered through mutually-agreed upon modifications to the responsibilities and/or conservation measures identified in this CCAA.

The essential steps of the CCAA adaptive management strategy are summarized as follows:

Step 1. Implement CCAA conservation actions and strategies.

Step 2. Implement annual work plans for management and monitoring. Step 3. In coordination with the Service, conduct root-cause analysis of incidences involving

injury or lethal take. Step 4. Review CCAA conservation goals, objectives, and strategies and adjust as necessary

based on updated information. Step 5. Analyze and evaluate monitoring results to determine progress towards attainment of

conservation objectives and update and revise Conservation Measures in accordance with the Assurances provisions of this CCAA and the conservation goals and objectives.

Step 6. Return to Step 3.

13. MODIFICATIONS AND AMENDMENTS

After approval of the CCAA, the Service may not impose any new requirements or conditions on, or modify any existing requirements or conditions applicable to, AEPCO or successor in interest to AEPCO, except as stipulated in 50 CFR 17.22(d)(5) and 17.32(d)(5).

13.1. MODIFICATION OF THE CCAA

Any Party may propose modifications or amendments to this CCAA, as provided in 50 CFR 13.23, by providing written notice to, and obtaining the written concurrence of, the other Party. Such notice shall include a statement of the proposed modification, the reason for it, and its expected results. The Parties will use their best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon the other Party’s written concurrence.

13.2. AMENDMENT OF THE PERMIT

The Permit may be amended to accommodate changed circumstances in accordance with all applicable legal requirements, including but not limited to the Act, the National Environmental Policy Act, and the Service’s permit regulations at 50 CFR 13 and 50 CFR 17. The Party proposing the amendment shall provide a statement describing the proposed amendment, the reasons for it, and its expected results. The Parties will use their best efforts to respond to proposed amendments within 90 days of receipt of such notice. Proposed amendments will become effective upon fulfillment of the legal requirements stated above.


19

14. DURATION OF AGREEMENT

The CCAA, including any commitments related to funding under Service programs, will be in effect for a duration of 25 years following its approval and signing by the Parties. The section 10(a)(1)(A) permit authorizing take of the Sonoran desert tortoise would become effective on the date of listing for the remainder of the 25-year term of the CCAA, should the Sonoran desert tortoise become listed in the future. The Permit and CCAA may be extended beyond the specified terms through renewal upon agreement of the Parties, and provided that written notice to extend the term is submitted to the Service prior to expiration

14.1. TERMINATION OF THE CCAA

As provided for in Part 8 of the Service’s CCAA Policy (FR 64:32726), the Permittee may terminate implementation of the CCAA’s voluntary management actions prior to the CCAA’s expiration date, for good cause (e.g., force majeure event), even if the expected benefits have not been realized. If the Permittee is unable to continue implementation of the plans and stipulations of the CCAA, whether due to catastrophic destruction of the species population numbers or habitat or due to unforeseen hardship, the Permittee would relinquish the permit to the Service. The Permittee may terminate this CCAA with 90 days prior written notice to the other Parties, and the Service is provided an opportunity to relocate affected species within 60 days of that notice. Termination of the CCAA for any reason would remove the Permittee’s authority to take Sonoran desert tortoises (if listed), and they would relinquish the permit and the assurances that were part of the CCAA and permit.

14.2. PERMIT SUSPENSION OR REVOCATION

The Service will not exercise its authority to suspend or revoke the Permit unless and until the following circumstances exist: (a) any reason set forth in 50 CFR 13.28(a) (1) through (4); and (b) if continuation of the permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of any listed species or directly or indirectly alter designated critical habitat such that it appreciably diminishes the value of that critical habitat for both the survival and recovery of a listed species (50 CFR 17.22(d)(7) and 17.32(d)(7). Prior to revocation, the Service would exercise all possible measures to remedy the situation.

15. AVAILABILITY OF FUNDS

The responsibilities of each Party under this CCAA will be funded by respective Party resources. The Service’s responsibility under this CCAA is subject to, and contingent upon, appropriations and allocations of funds for this purpose. The Permittee is committed to the plan, and funds to accomplish the plan will not overly burden them since implementation of the Conservation Measures include minimal materials expenses, will be accomplished by internal AEPCO staff, and will not require expenditure of funds associated with outside services or third party consultants. Annually AEPCO will budget for activities associated with implementation of the Conservation Measures.


20

Implementation of this CCAA is subject to the requirements of the Anti-Deficiency Act and the availability of appropriated funds. Nothing in this CCAA will be construed by the Parties to require the obligation, appropriation, or expenditure of any funds from the U.S. Treasury. The Parties acknowledge that the Service will not be required under this CCAA to expend any Federal agency’s appropriated funds unless and until an authorized official of that agency affirmatively acts to commit to such expenditures as evidenced in writing.

16. MISCELLANEOUS PROVISIONS

16.1. REMEDIES

Each party shall have all remedies otherwise available to enforce the terms of the CCAA and the Permit, except that no party shall be liable in damages for any breach of this CCAA, any performance or failure to perform an obligation under this CCAA or any other cause of action arising from this CCAA.

16.2. DISPUTE RESOLUTION

The Parties agree to work together in good faith to resolve any disputes, using dispute resolution procedures agreed upon by all Parties.

16.3. SUCCESSION AND TRANSFER

This CCAA shall be binding on and shall inure to the benefit of the Parties and their respective successors and transferees, (i.e., new operations owners) in accordance with applicable regulations (50 CFR 13.24 and 13.25). The rights and obligations under this CCAA shall run with the Parties responsible for conducting the operation and maintenance activities covered in this Agreement on the enrolled property and are transferable to subsequent non-Federal operators pursuant to 50 CFR 13.25. The Enhancement of Survival Permit issued to the Permittee also will be extended to the new operator(s). As a party to the original CCAA and permit, the new operator(s) will have the same rights and obligations with respect to conducting the allowed operation and maintenance activities on the enrolled property as the original operator. The new operator(s) also will have the option of receiving CCAA assurances by signing a new CCAA and receiving a new permit. The Permittee shall notify the Service of any transfer of operations ownership at least 90 days prior to the intended transfer, so that the Service can attempt to contact the new operations owner, explain the baseline responsibilities applicable to the operation and maintenance activities on the property, and seek to interest the new operations owner in signing the existing CCAA or a new one to benefit listed species on the property. Assignment or transfer of the Permit shall be governed by Service regulations in force at the time.

16.4. NO THIRD-PARTY BENEFICIARIES

This CCAA does not create any new right or interest in any member of the public as a third-party beneficiary, nor shall it authorize anyone not a party to this CCAA to maintain a suit for personal injuries or damages pursuant to the provisions of this CCAA. The duties, obligations, and responsibilities of the Parties to this CCAA with respect to third parties shall remain as imposed under existing law.


21

16.5. NOTICES AND REPORTS

Any notices and reports, including monitoring and annual reports, required by this CCAA shall be delivered to the persons listed below, as appropriate:

Patrick F. Ledger Copy all Correspondence to: Chief Executive Officer Michelle Freeark Arizona Electric Power Cooperative, Inc. Director of Environmental Health and Safety 1000 S. Highway 80 1000 S. Highway 80 Benson, Arizona 85602 Benson, Arizona 85602

Field Supervisor Arizona Ecological Services Office U.S. Fish and Wildlife Service 2321 West Royal Palm Road Suite 103 Phoenix, Arizona 85029

IN WITNESS WHEREOF, THE PARTIES HERETO have, as of the last signature date below, executed this Candidate Conservation Agreement with Assurances to be in effect as of the date that the Service issues the permit.

___________________________________ __________________ Patrick F. Ledger (Permittee) Date

___________________________________ __________________ Assistant Regional Director Date Ecological Services, Region 2 U.S. Fish and Wildlife Service


22

17. REFERENCES

Arizona Game and Fish Department. (AGFD). 2010. Gopherus agassizii. Unpublished abstract compiled and edited by the Heritage Data Management System. Arizona Game and Fish Department, Phoenix, Ariz. 11 pp. Available at: http://www.azgfd.gov/w_c/edits/documents/Gophagas.fi_004.pdf. Accessed December 1, 2014.

_____. 2014. Gopherus morafkai Occurrences. Distribution map provided by the Heritage Data Management System. Arizona Game and Fish Department, Phoenix, Ariz. Available at: http://www.azgfd.gov/w_c/edits/images/Gophmora_000.gif. Accessed December 1, 2014.

Averill-Murray, R. C., and C. M. Klug. 2000. Monitoring and ecology of Sonoran desert tortoises in Arizona. Nongame and Endangered Wildlife Program Technical Report 161. Arizona Game and Fish Department, Phoenix, Arizona. 115 pp.

Averill-Murray, A., and R. C. Averill-Murray. 2002. Distribution and density of desert tortoises at Ironwood Forest National Monument, with notes on other vertebrates. Nongame and Endangered Wildlife Program Technical Report 193. Arizona Game and Fish Department, Phoenix, Arizona. 53p.

Averill-Murray, R. C, and A. Averill-Murray. 2005. Regional-scale estimation of density and habitat use of the desert tortoise (Gopherus agassizii) in Arizona. Journal of Herpetology 39(1):65-72.

Averill-Murray, R.C., B.E. Martin, S.J. Bailey, and E.B. Wirt. 2002b. Activity and behavior of the Sonoran Desert tortoise in Arizona. Pages 135-158 in Van Devender, T.R. editor. The Sonoran Desert Tortoise: Natural History, Biology, and Conservation. University of Arizona Press, Tucson.

Averill-Murray, R.C., A.P. Woodman, and J.M. Howland. 2002a. Population ecology of the Sonoran Desert tortoise in Arizona. Pages 109-134 in Van Devender, T.R. editor. The Sonoran Desert Tortoise: Natural History, Biology, and Conservation. University of Arizona Press, Tucson.

Bailey, S.J. 1992. Hibernacula use and home range of the desert tortoise (Gopherus agassizii) in the San Pedro Valley, Arizona. Unpublished M.S. Thesis, University of Arizona, Tucson.

Bailey, S.J., C.R. Schwalbe and C.H. Lowe. 1995. Hibernaculum use by a population of desert tortoises (Gopherus agassizii) in the Sonoran Desert. Journal of Herpetology 29:361–369.

Barrett, S. L. and T. B. Johnson. 1990. Status summary for the desert tortoise in the Sonoran Desert. Unpublished report to U.S. Fish and Wildlife Service, Albuquerque, New Mexico. 120 pp.

Brown, D. E. editor. 1982. Biotic Communities of the American Southwest – United States and Mexico. Desert Plants 4 (1-4): 1-342.


23

Bureau of Land Management (BLM). 2010. Updated Bureau of Land Management (BLM) Sensitive Species List for Arizona. Arizona State Office, Instruction Memorandum No. AZ-2011-005, dated December 22, 2010.

Campbell, S. P., R. J. Steidl, and E. R. Zylstra. 2014. Spatial variation in demography and population viability of Sonoran desert tortoises. Final report to Arizona Game and Fish Department. Prepared by the School of Natural Resources and the Environment, University of Arizona, Tucson, Arizona. 40 pp.

Edwards, T., C.R. Schwalbe, D.E. Swann, and C.S. Goldberg. 2004. Implications of anthropogenic landscape change on inter-population movements of the desert tortoise (Gopherus agassizii). Conservation Genetics 5:485–499.

Germano, D.J., R.B. Bury, T.C. Esque, T.H. Fritts, and P.A. Medica. 1994. Range and Habitats of the Desert Tortoise. Pp. 73-84 in R B. Bury and D. J. Germano (eds.), Biology of North American tortoises. National Biological Survey, Fish and Wildlife Research 13.

Hulse, A. C., and G. A. Middendorf. 1979. Notes on the Occurrence of Gopherus agassizii (Testudinidae) in Extreme Eastern Arizona. Southwestern Naturalist 24:545-546.

Martin, B.E., 1995. Ecology of the desert tortoise (Gopherus agassizii) in a desert-grassland community in southern Arizona. M.S. thesis, University of Arizona, Tucson.

Murphy R. W., K. H. Berry, T. Edwards, A. E. Leviton, A. Lathrop, and J. D. Riedle. 2011. The dazed and confused identity of Agassiz’s land tortoise, Gopherus agassizii (Testudines, Testudinidae) with the description of a new species, and its consequences for conservation. ZooKeys 113:39–71.doi: 10.3897/zookeys.113.1353.

Riedle, J. D., R. C. Averill-Murray, C. L. Lutz, and D. K. Bolen. 2008. Habitat use by desert tortoises (Gopherus agassizii) on alluvial fans in the Sonoran Desert, south-central Arizona. Copeia 2008(2):414-420.

Sullivan B.K., R. Averill-Murray, K.O. Sullivan, J.R. Sullivan, E.A. Sullivan and J.D. Riedle. 2014. Winter Activity of the Sonoran Desert Tortoise (Gopherus morafkai) in Central Arizona. Chelonian Conservation and Biology 13(1): 114–119.

U.S. District Court for the District of Columbia. 2011. Case 1:10-mc-00377-EGS Document 31 Filed 05/10/11.

U.S. Fish and Wildlife Service (Service). 1990. Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the Mojave Population of the Desert Tortoise; Final Rule. Federal Register 55(63):12178-12191.

_____. 2009. Endangered and threatened wildlife and plants; 90-day finding on a petition to list the Sonoran population of desert tortoise (Gopherus agassizii) [sic] as a Distinct Population Segment


24

(DPS) with Critical Habitat. Federal Register 74:44335–44344. Available at: http://www.fws.gov/southwest/es/arizona/Documents/SpeciesDocs/SonoranTort/SDT_90day_FR.pdf. Accessed December 1, 2014.

_____. 2010. Endangered and threatened wildlife and plants: 12-month finding on petition to list the Sonoran desert tortoise as threatened or endangered; proposed rule. Federal Register 75(239):78094– 78145.

_____. 2012. U.S. Fish and Wildlife Service species assessment and listing priority assignment for Sonoran desert tortoise (Gopherus morafkai). Southwest Region of the USFWS. Published May 30, 2012.

_____. 2015. DRAFT Sonoran desert tortoise habitat suitability model. Unpublished GIS layer. Branch of Technical Support, Albuquerque, NM.

U.S. Forest Service (USFS). 2013. USFS R3 Regional Forester’s Sensitive Species: Animals – 2013. Available at: http://www.fs.usda.gov/detail/r3/plants-animals/?cid=FSBDEV3_022105. Accessed January 2, 2015.

Van Devender, T.M. 2002. Natural History of the Sonoran Tortoise in Arizona: Life in a Rock Pile. Pp. 3-28 in T. R. Van Devender, ed. The Sonoran Desert Tortoise. University of Arizona Press, Tucson, Arizona.

WildEarth Guardians and Western Watersheds Project. 2008. Petition to list the Sonoran desert tortoise (Gopherus agassizii) as threatened or endangered under the Endangered Species Act. Report to the U.S. Department of the Interior, Fish and Wildlife Service.

Zylstra, E. R. and R. J. Steidl. 2009. Habitat use by Sonoran Desert tortoises. Journal of Wildlife Management 73(5):747–754.

Zylstra, E.R., R.J. Steidl, C.A. Jones, and R.C. Averill-Murray. 2013. Spatial and temporal variation in survival of a rare reptile: a 22-year study of Sonoran desert tortoises. Oecologia 173: 107-116


25

Figures

#

#

Sandario Tap >

Sandario Substation

Three Points Substation

¯0 1 20.5

Miles

Sandario Tap/Three Points Transmission Linewith Access Roads

Figure 3E

# SWTC Substations

Access Roads

SWTC Transmission Lines

BLM

Natl. Parks

Indian Res.

State Trust

Private

Other

Arizona

CooperativesArizona Electric Power Cooperative, Inc

1000 S Highway 80Benson, Arizona 85602


26

Appendix A. Training Program


27

Appendix B. Enhancement of Survival Application

Form 3-200-55 Rev. October 2013 Page 1 of 16

Department of the Interior U.S. Fish and Wildlife Service

Federal Fish and Wildlife Permit Application Form

OMB Control No. 1018-0094 Expires 01/31/2017

Return to:

U.S. Fish and Wildlife Service (USFWS)

(See Addresses by State on Pages 14-15)

Type of Activity: Native Endangered and Threatened Species –

Scientific Purposes, Enhancement of Propagation or Survival Permits (i.e., Recovery Permits) & Interstate Commerce Permits

Complete Sections A or B, and C, D, and E of this application. U.S. address may be required in Section C, see instructions for details. See attached instruction pages for information on how to make your application complete and help avoid unnecessary delays.

A. Complete if applying as an individual 1.a. Last name 1.b. First name 1.c. Middle name or initial 1.d. Suffix

2. Date of birth (mm/dd/yyyy) 3. Social Security No. 4. Occupation 5. Affiliation/ Doing business as (see instructions)

6.a. Telephone number 6.b. Alternate telephone number 6.c. Fax number 6.d. E-mail address

B. Complete if applying on behalf of a business, corporation, public agency, tribe, or institution 1.a. Name of business, agency, tribe, or institution 1.b. Doing business as (dba)

2. Tax identification no. 3. Description of business, agency, tribe, or institution

4.a. Principal officer Last name 4.b. Principal officer First name 4.c. Principal officer Middle name/ initial 4.d. Suffix

5. Principal officer title 6. Primary contact name

7.a. Business telephone number 7.b. Alternate telephone number 7.c. Business fax number 7.d. Business e-mail address

C. All applicants complete address information 1.a. Physical address (Street address; Apartment #, Suite #, or Room #; no P.O. Boxes)

1.b. City 1.c. State 1.d. Zip code/Postal code: 1.e. County/Province 1.f. Country

2.a. Mailing Address (include if different than physical address; include name of contact person if applicable)

2.b. City 2.c. State 2.d. Zip code/Postal code: 2.e. County/Province 2.f. Country

D. All applicants MUST complete 1. Attach check or money order payable to the U.S. FISH AND WILDLIFE SERVICE in the amount indicated on pages 2-3(nonrefundable processing fee).

Federal, tribal, State, and local government agencies, and those acting on behalf of such agencies, are exempt from the processing fee – attach documentation of feeexempt status as outlined in instructions. (50 CFR 13.11(d))

2. Do you currently have or have you ever had any Federal Fish and Wildlife permits?Yes If yes, list the number of the most current permit you have held or that you are applying to renew/re-issue: _________________________________No

3. Certification: I hereby certify that I have read and am familiar with the regulations contained in Title 50, Part 13 of the Code of Federal Regulations and the otherapplicable parts in subchapter B of Chapter I of Title 50, and I certify that the information submitted in this application for a permit is complete and accurate to thebest of my knowledge and belief. I understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001.

________________________________________________________________________________________________________________________ Signature (in blue ink) of applicant/person responsible for permit (No photocopied or stamped signatures) Date of signature (mm/dd/yyyy)

Please continue to next page

No Longer Needed

---------------------

https://www.fws.gov/endangered/regions/index.html


** See page 15 for additional instructions on completing the above form. See page 16 for information on the Paperwork Reduction Act, Privacy Act, and Freedom of Information Act aspects of this application form.

Section E. ALL APPLICANTS COMPLETE SECTION E. Provide the information outlined in Section E. on the following pages. Be as complete and descriptive as possible. Please do not send pages that are over 8.5” x 11”, videotapes, or DVDs.

SCIENTIFIC PURPOSES, ENHANCEMENT OF PROPAGATION OR SURVIVAL PERMITS (i.e., RECOVERY PERMITS) &

INTERSTATE COMMERCE PERMITS

What type of permit are you requesting?

Recovery (see instructions and requirements on pp. 2-10 and 15-16 of this application form) OR

Interstate Commerce (see instructions and requirements on pp. 2-4, 11-12 and 15-16 of this application form)

Have you obtained all required Federal, tribal, State, county, municipal or foreign government approval to conduct the activity you propose? Please be aware that there may be other requirements necessary to conduct this activity such as an import permit, collection permit, permission to work on Federal or tribal lands, Federal bird banding permit, Corps of Engineers permits, Environmental Protection Agency NPDES permits, tribal, State, county or municipal permits, etc.

Yes. Provide a copy of the approval(s). List the Federal agency, tribe, State, county, municipality or foreign countries involved and type of document required. Include a copy of these documents with the application.

I have applied. List the Federal agency, tribe, State, county, municipality or foreign countries involved and type of documents required. Provide the reasons why the permits have not been issued.

__________________________________________________________________________________

Not required. The proposed activity is not regulated.

Application Processing Fees

You may update your name, address, telephone number, fax number, or e-mail address in your current application package on file at any time. These changes are considered an administrative change, and no application processing fee is required. If you wish to make an administrative change, please fill out page 1 and indicate the information that you are updating. Then check the box below, provide your permit number, and send the completed pages 1-2 to the appropriate Regional Office (see attached list).

Administrative change for permit number: ________________________.

If you wish to make changes other than an administrative change, then an application processing fee is required as described below.

The application processing fee for a new Recovery or Interstate Commerce permit, or to renew/substantively amend an existing valid permit (with major changes) is $100. If permit amendment (with minor changes) is required at a time other than renewal, the processing fee is $50. For additional information on the application processing fee and the requirements to qualify for a fee exemption, please see the instructions for section D. on page 15.

If the information in your current application package on file has changed in a manner that triggers a substantive amendment or a change not otherwise specified in the permit, then you must apply for substantive amendment to your valid permit. For example, such major changes may include changes in study plan or research proposal, location, activity, amount or type of take, or species to be covered by the permit. Please contact the Regional Endangered Species Program located within the U.S. Fish and Wildlife Service (Service) Region of your proposed activity for technical assistance in making this determination (see attached list).

Check the appropriate box below and enclose check or money order payable to the U.S. Fish and Wildlife Service in the amount of

$100 [or fee exempt (attach justification if required)] for a new permit. Use Option III. below to provide the required information.

OR


$100 [or fee exempt (attach justification if required)] to renew or substantively amend my existing valid permit (with major changes) using my current application package on file. Use Options II. and III. below to provide the required information. Please indicate the information that you are changing.

OR

$100 [or fee exempt (attach justification if required)] to renew/re-issue my existing valid permit (without changes) using my current application package on file. Use Option I. below to provide the requested information.

OR

$50 [or fee exempt (attach justification if required)] to amend my existing valid permit (with minor changes) at a time other than permit renewal. Use Options II. and III. below to provide the required information. Please indicate the information that you are changing.

Please check the type of amendment you are requesting --

add species (specify) ________________________________________________________________________________

add new activity with previously permitted species (specify) _________________________________________________

add a geographic area change in personnel

other (specify) ____________________________________________________________________________________

Referral of a Recovery permittee’s contact information (optional)

The U.S. Fish and Wildlife Service often receives requests for lists of Recovery permittees who could conduct contract work for endangered and threatened species (e.g., presence/absence surveys). In accordance with our Privacy Act System of Records Notice (Permits System, Interior – FWS-21), we may release the name and work address or work telephone number of those who wish to be contacted by third parties to do commercial survey activities. Such information is not normally released under the Freedom of Information Act - unless a compelling need on the part of the general public can be cited.

Please be aware that this list does not represent an endorsement by us of any particular permittee. This referral is provided at the discretion of each U.S. Fish and Wildlife Service Regional Office as time and workload allow.

Please indicate below your preference for the release of your information to third parties.

Yes, I authorize the U.S. Fish and Wildlife Service to release my name, work address and/or work telephone number to third parties as a referral for contract work for endangered and threatened species.

No, I do not authorize the U.S. Fish and Wildlife Service to release my name and work address and/or work telephone number to third parties.

Application Processing

To expedite a final decision on your application, you are urged to coordinate with us as soon as possible for guidance in assembling a complete application package, and to send us your complete permit application package at least three months prior to the start of your proposed activities. If you are renewing or amending a valid permit, your complete application package must be received at least 30 days prior to the expiration of the valid permit. These time periods begin with our acceptance of a complete permit application package and do not include any time required for requesting clarification or additional information about your application, or the length of time between our request and your response.

The information provided in your permit application will be used to evaluate your application for compliance with the Endangered Species Act, its implementing regulations (which may require a 30 day public comment period), and with U.S. Fish and Wildlife Service policy. Receipt and possession of a permit under the Endangered Species Act should be regarded as a privilege, as we must balance permit issuance with our duties to protect and recover listed species.

Up-to-date annual reports and any other required reports under your valid permit(s) must be on file before a permit will be considered for renewal, re-issuance or amendment.


If your activities may affect species under the authority of the National Marine Fisheries Service (NMFS/NOAA Fisheries), then you may need to obtain a separate permit from that agency. In addition we share jurisdiction with NMFS/NOAA Fisheries for sea turtles (e.g., we evaluate applications for permits to conduct activities impacting sea turtles on land, and NMFS/NOAA Fisheries evaluates applications for permits to conduct activities impacting sea turtles in the marine environment). To apply for a permit to conduct activities with sea turtles in the marine environment or other species under NMFS/NOAA Fisheries jurisdiction, please contact them via their permit web page at http://www.nmfs.noaa.gov/pr/permits/

**************************************************************************************************************** If you are not applying as an individual but as a business, corporation, tribe, institution, or non-Federal public agency (block B. on page 1 of the application), the person to whom the permit will be issued (e.g., the landowner, president, director, executive director, or executive officer) is legally responsible for implementing the permit. Although other people under the direct control of the permittee (e.g., employees, contractors, consultants) receive third party take authorization in their capacity as designees of the permittee, the individual named as the permittee ultimately is legally responsible for the permit and any activities carried out under the permit except as otherwise limited in the case of permits issued to State or local government entities under 50 CFR 13.25(e). ****************************************************************************************************************

http://www.nmfs.noaa.gov/pr/permits/


RECOVERY PERMIT APPLICATION INSTRUCTIONS

(see pp. 11-12 for Interstate Commerce permit application instructions) You have 3 options for providing the required information for a Recovery permit application. Recovery Permit Application: Option I. Renew/Re-issue of an Existing Valid Recovery Permit (Without Changes) Using My Current Application Package On File. Up-to-date annual reports and any other required reports under your valid permit(s) must be on file before a permit will be considered for renewal or re-issue. Sign the following statement if you are applying to renew or re-issue an existing valid Recovery permit without changes. If you are proposing changes to your Recovery permit, you must use Options II. and III. below. The individual signing box D. on page 1 of the application must also sign (in blue ink) the following statement. This certification language is required under 50 CFR 13.22(a).

I certify that the statements and information submitted in support of my original application for a U.S. Fish and Wildlife Service Recovery permit # _________________ are still current and correct and hereby request (please check either renewal or re-issuance) of that permit without changes.

_________________________ __________________ signature (in blue ink) date

_________________________ please print name legibly

* Please note: If you have signed the above statement, then your renewal/re-issue request is complete. Please submit completed pages 1- 5 of this application to our Regional Office (see attached list) covering the location of your proposed activity. Requests for renewals/re-issuance must complete and accepted by the Service no later than 30 days prior to permit expiration to ensure that your current permit remains in effect while we process your request.

___________________________________________________________________________________________________________


Recovery Permit Application: Option II. Renewal or Amendment of an Existing Valid Recovery Permit (With Changes) Up-to-date annual reports and any other required reports under your valid permit(s) must be on file before a permit will be considered for renewal or amendment. Sign the following statement if you are proposing to renew or amend an existing valid Recovery permit, including making major changes. Such major changes may include changes in a study plan or research proposal, location, activity, amount or type of take, or species to be covered by the permit. The individual signing box D. on page 1 of the application must also sign (in blue ink) the following statement. This certification language is required under 50 CFR 13.22(a).

I certify that the statements and information submitted in support of my original application for a U.S. Fish and Wildlife Service Recovery permit # ________________ are still current and correct, except for the changes listed in Option III. below, and hereby request (please check either renewal or amendment) of that permit.

_________________________ __________________ signature (in blue ink) date

__________________________ please print name legibly

Provide a brief description of the changes to your valid permit (answer the appropriate questions for these changes requested under Recovery Permit Application Option III. below). Please submit this page and completed pages 1-3 of this application form (along with the changed information relative to Option III. below) to our Regional Office (see attached list) covering the location of your proposed activity. ___________________________________________________________________________________________________________


Recovery Permit Application: Option III. New Recovery Permit & Supplementary Information for Renewal or Amendment of an Existing Valid Permit (With Changes) General permit regulations for the U.S. Fish and Wildlife Service can be found at 50 CFR 13. Regulations for Recovery and Interstate Commerce permits under the Endangered Species Act can be found at 50 CFR 17.22(a)(1) for endangered wildlife species, 50 CFR 17.32(a)(1) for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species. Applications for a Recovery permit must provide the following specific information (relevant to the activity) in addition to the general information on pages 1-4 of this application. Please attach separate pages. In order to assist us in processing your request, please provide the item number (A.1.a., etc.) of the required information before each of your responses. Thank you. A. Identify species and activity:

1. For a new Recovery permit:

a. Provide the common and scientific names of the species being requested for coverage in the permit and their status (endangered (E) or threatened (T)).

b. Provide the number, age, and sex of such species to the extent known.

c. Identify the activity sought to be authorized (i.e., presence/absence survey, nest monitoring, bird banding,

etc.) for each species.

2. For an amended Recovery permit:

a. Identify the activities and/or species to be added to your valid permit (provide both the scientific, to the most specific taxonomic level, and common names) as well as the species’ status (see 1.a. above).

b. Provide the number, age, and sex of such species to the extent known.

c. If any activities requested in this application differ from those authorized in your valid permit, then for each

species state the currently authorized activity, the requested new activity, and how the new activity will impact each species.

d. Identify the activity sought to be authorized (i.e., presence/absence survey, nest monitoring, banding, etc.)

for each species.

e. Quantify any anticipated effects to the habitat of each added species.

f. Identify activities and/or species to be deleted from your valid permit and the reason(s) for the deletion.

3. If you are applying for a permit for the collection of plants from the wild:

a. Describe what plant part(s), and the number(s) or other type(s) of indication of material you plan to collect (i.e., whole plant, leaves, pollen, seeds, etc.).

b. If the proposed activity involves the collection of seeds taken from the wild, provide information that

evaluates the effects of the seed collection on the reproductive potential of the species at the collection location.

B. Identify location of the proposed activity:

1. Provide the name of the State, county, tribal land, and the specific location of the proposed activity site(s). Include a formal legal description, section/township/range information, county tax parcel number, local address, or any other identifying property designation that will precisely place the location of the proposed activity site(s).

2. If the specific study area is known at the time of application, attach a U.S. Geological Survey map of the study area

in 7.5 minute quadrangle (1:24,000) scale, or other appropriately scaled map. If you plan to conduct surveys on a


contract basis in the future, these maps can be provided once the specific area is known (the counties in which you will work must be provided at this time).

3. If your request is for aquatic species, identify the aquatic system (river/lake/stream name, river mile information, and

drainage basin). C. Describe the proposed activity:

1. Provide a statement justifying the permit request, including the following: [A copy of a research or study proposal that provides this information can be attached in lieu of the information requested below.] Use additional sheets as necessary.

a. Describe in detail the purpose(s) and objective(s) of the project.

i. Include study design, sampling methodologies and equipment to be used.

ii. Identify any null hypothesis or other anticipated results from the project that will support the

reasoning why the project is justified for enhancement of propagation or survival of the affected species.

iii. Include planned disposition of specimens upon completion of project.

b. Describe how the proposal will help recover each species.

i. If there is an approved recovery plan, identify the recovery tasks by number and name, if

applicable. Include any additional recovery tasks identified in a Spotlight Species Action Plan, or in a 5-year status review of the species.

ii. Identify, or provide copies of any previous or similar research conducted on this species.

iii. If this information exists, explain how the project will answer questions not answered by earlier

research.

iv. Explain how you will coordinate your efforts with past and ongoing research studies.

c. Can this project result in the injury, death, or removal from the wild of any individuals of the species?

i. If yes, describe all that apply (i.e., injury, death, removal from the wild).

ii. For each species, please state the maximum number of individuals that would be injured, killed, or removed from the wild: [If applicable, please identify, based on a reasonable expectation, the number of individuals likely to be injured or killed per activity.]

iii. Please state what will be done to minimize the possibility of injury to or death of individuals.

iv. If the proposed activity would cause the death of individuals from the wild or remove individuals

from the wild, describe your attempts to obtain the wildlife or plant specimens currently held in captivity/nurseries/museums, or produced in captivity. You must demonstrate conclusively that existing specimens are unavailable or your study objectives require new/additional specimens. [Provide the identity and phone number of each contact made in this regard.]

d. Identify contracts and agreements held for the proposed activities (attach copy or give title, funding

organization name and address, date of signature, duration of contract).

i. State whether full funding will be available for the completion of the proposed activity. [If you do not hold a contract at this time, but foresee receiving one, you may apply for a permit contingent upon receiving the contract(s).]

e. If live wildlife or plants to be covered by the permit are to be held in captivity:


[Note: Under our regulations at 50 CFR 17.22(a)(3) and 17.32(a)(3), escape of wildlife held in captivity must be reported immediately to our appropriate Regional Office (see attached list)].

i. Give a complete description, attaching photographs and/or diagrams, of the area and facilities

where wildlife or plant(s) will be held and/or maintained in captivity and describe arrangements for care during transportation and maintenance. Include the name and address of the area and facilities. [A separate discussion specific for each species must be provided, if applicable.]

ii. Provide the full names of person(s) who will care for live specimens, including a resume of their

experience in raising, caring for, and propagating similar wildlife or plants.

iii. Provide any contract or agreement you have secured for care of any live specimens collected under this permit request if the identified facility is not affiliated with you. Attach a copy or give title, funding organization name and address, date of signature, and duration of contract. [A joint application may be appropriate in situations where one entity will collect the specimens and another entity will conduct the propagation/maintenance activities.]

iv. List mortalities resulting from your activities with these or similar species in the last 2 years.

v. Provide an explanation of each mortality event and the procedures employed or modified to

eliminate any future mortality events.

vi. Indicate your willingness to participate in a cooperative breeding or propagation program or to contribute data to a database or studbook. Holding wildlife and plants in captivity must comply with our Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act. This policy can be found on the U.S. Fish and Wildlife Service’s Endangered Species web page at http://www.fws.gov/endangered/laws-policies/policy-controlled-propagation.html. Briefly describe how the proposed activity will comply with this policy.

vii. State the planned disposition of the collected and/or propagated species after termination of the

project/activity. D. Identify the persons who will conduct the proposed activity:

1. Provide the full name of all individuals, including first name, middle initial, and last name, who you propose will

work under this permit.

a. If more than one activity is included in the permit application, indicate which activity(ies) will be completed by each individual.

b. For each listed individual, please also provide a copy of each person’s resume and/or curriculum vitae, plus

specific information on previous professional training and experience working with the species affected by the permit request. Information must include: the approximate number of hours of focused activity with each species in occupied habitat; approximate number of each species the applicant has worked with at each site (e.g., how many pair of birds at a specific site); names, dates, and location of areas surveyed; and experience with similar species. Please provide the names and phone numbers of at least two references who can verify experience with the species (reference letters are always appreciated).

E. Identify the location of the affected species, to the extent known:

1. For each species indicate whether, at the time of the application, the organism was:

a. Still in the wild;

b. Had been removed from the wild (provide State, county, and specific location of removal); and

c. Was born in captivity or artificially propagated (provide State, county, specific location, and name of the institution where born or propagated).

http://www.fws.gov/endangered/laws-policies/policy-controlled-propagation.html



2. If you are applying for a permit for the collection of plants from the wild, list the lands from which you plan to collect the plants.

a. If these lands are under Federal jurisdiction, identify the Federal land management agency(ies) that have

jurisdiction for the lands. Include the name, title (District Ranger, Field Supervisor, etc.), address, and telephone number of the person in charge of the Federal lands.

___________________________________________________________________________________________________________


INTERSTATE COMMERCE PERMIT APPLICATION INSTRUCTIONS General permit regulations for the U.S. Fish and Wildlife Service can be found at 50 CFR 13. Regulations for Recovery and Interstate Commerce permits under the Endangered Species Act can be found at 50 CFR 17.22(a)(1) for endangered wildlife species, 50 CFR 17.32(a)(1) for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species. Interstate Commerce permits authorize the sale of native endangered and threatened species across State lines, but only for activities that will contribute to the species’ recovery by enhancing their propagation or survival. PLEASE NOTE:

• Interstate commerce activities for wildlife require the buyer to obtain a permit prior to the sale (50 CFR 17.21(f) and 17.31(a)).

• In addition, our regulations at 50 CFR 17.62(a) for endangered plant species and 17.72(a) for threatened plant species require

that – - Interstate commerce activities for plants taken from the wild require the buyer to obtain a permit prior to the sale.

- Interstate commerce activities for plants taken from cultivated stock require the seller to obtain a permit prior to the sale.

Unlike other permits for native endangered and threatened species (which are issued by the U.S. Fish and Wildlife Service Regions according to where the proposed activity will take place), Interstate Commerce permits are issued by the Region having the lead responsibility for the affected species. To determine the lead Region for a species, follow the instructions at the top of our Endangered Species permit web page at http://www.fws.gov/endangered/permits/how-to-apply.html. Applications for an Interstate Commerce permit must provide the following specific information (relevant to the activity) in addition to the general information on pages 1-3 of this application. Please attach separate pages. In order to assist us in processing your request, please provide the item number (A.1., etc.) of the required information before each of your responses. Thank you. A. For Wildlife:

1. Provide the common and scientific names of the species being requested for coverage in the permit and their status (endangered (E) or threatened (T)).

2. Identify the activity sought to be authorized for each species. 3. Provide the sex, birth date, birth place, age, number of specimens, and identifying features (e.g., band number, collar

number, scars, tattoo number, etc.).

4. Provide the name, address and telephone number of the seller.

5. State whether the wildlife has been captively bred or removed from the wild.

6. Provide the expected time needed to complete transaction(s).

7. Provide a complete description with photographs and/or diagrams of the area and facilities where wildlife will be held in captivity, and description of arrangements for care during transportation and maintenance. [Note: Under our regulations at 50 CFR 17.22(a)(3) and 17.32(a)(3), escape of wildlife held in captivity must be reported immediately to our Regional Office (see attached list)].

8. Describe experience with breeding this or similar species in the past.

9. Provide the full names of person(s) who will care for live specimens, including any experience in raising, caring for,

and propagating similar wildlife.

10. List mortalities resulting from your activities with these or similar species in the last 2 years. Provide an explanation of each mortality event and the procedures employed or modified to eliminate any future mortality events.

http://www.fws.gov/endangered/permits/how-to-apply.html


11. Indicate your willingness to participate in a cooperative breeding or propagation program or to contribute data to a database or studbook. Holding wildlife in captivity must comply with our Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act. This policy can be found on the U.S. Fish and Wildlife Service’s Endangered Species web page at http://www.fws.gov/endangered/laws-policies/policy-controlled-propagation.html. Briefly describe how the proposed activity will comply with this policy.

12. Provide a statement from the wildlife breeder that the wildlife was bred at their home/facility. This statement must

include the name and address of the breeder, date of birth or hatch, band number or any other identifying marks or characteristics.

13. Please provide detailed information on how you propose to manage your breeding stock to uniquely identify all

progeny, and to ensure that the genetic diversity and integrity of your breeding stock are maintained to the maximum extent possible.

B. For Plants:

1. Provide the common and scientific names of the species being requested for coverage in the permit and their status (endangered (E) or threatened (T)).

2. Identify the activity sought to be authorized for each species. 3. Provide the location where plants will be cultivated for sale. 4. Provide the full names of person(s) who will care for live specimens, including any experience in raising, caring for,

and propagating similar plants. 5. State whether the breeding stock is of cultivated or wild origin. 6. If you are applying a permit to buy plants taken from the wild, provide the name, address and telephone number of

the seller. If you are applying for a permit to sell plants taken from cultivated stock, provide the name, address, and telephone number of the buyer.

7. Indicate your willingness to participate in a cooperative breeding or propagation program or to contribute data to a database. Holding plants in captivity must comply with our Policy Regarding Controlled Propagation of Species Listed Under the Endangered Species Act. This policy can be found on the U.S. Fish and Wildlife Service’s Endangered Species web page at http://www.fws.gov/endangered/laws-policies/policy-controlled-propagation.html. Briefly describe how the proposed activity will comply with this policy.





USFWS Regional Contacts for Native Endangered and Threatened Species Permits

Pacific Region (Region 1): HI, ID, OR, WA, American Samoa, Commonwealth of the Northern Mariana Islands, Guam, and the Pacific Trust Territories

U.S. Fish and Wildlife Service Endangered Species Permit Office 911 NE 11th Avenue Portland, Oregon 97232-4181

Web: http://www.fws.gov/pacific/ecoservices/endangered/index.html Phone: (503) 231-6131email: [email protected] Fax: (503) 231-6243

Southwest Region (Region 2): AZ, NM, OK, and TX

U.S. Fish and Wildlife Service Endangered Species Permit Office 500 Gold Avenue S.W. (street address) P.O. Box 1306 (mailing address) Albuquerque, New Mexico 87103-1306

Web: http://www.fws.gov/southwest/es/EndangeredSpecies_Main.html Phone: (505) 248-6649 email: [email protected] Fax: (505) 248-6788

Midwest Region (Region 3): IA, IL, IN, MI, MN, MO, OH, and WI

U.S. Fish and Wildlife Service Endangered Species Permit Office 5600 American Blvd. West, Suite 990 Bloomington, MN 55437-1458

Web: http://www.fws.gov/midwest/Endangered/ Phone: (612) 713-5360 email: [email protected] Fax: (612) 713-5280

Southeast Region (Region 4): AL, AR, FL, GA, KY, LA, MS, NC, PR, SC, TN, and U.S. Virgin Islands

U.S. Fish and Wildlife Service Endangered Species Permit Office 1875 Century Blvd., Suite 200 Atlanta, Georgia 30345

Web: http://www.fws.gov/southeast/es/ Phone: (904) 731-3191 (10(a)(1)(A) permit coordinator) or (404) 679-7140 (R4 Endangered Species main office) email: [email protected] Fax: (904) 731-3045 or (404) 679-7081

http://www.fws.gov/pacific/ecoservices/endangered/index.html

mailto:[email protected]

http://www.fws.gov/southwest/es/EndangeredSpecies/


http://www.fws.gov/midwest/Endangered/


http://www.fws.gov/southeast/es/



Northeast Region (Region 5): CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, and WV

U.S. Fish and Wildlife Service Endangered Species Permit Office 300 Westgate Center Drive Hadley, MA 01035-9589

Web: http://www.fws.gov/northeast/endangered/ Phone: (413) 253-8628 email: [email protected] Fax: (413) 253-8482

Mountain-Prairie Region (Region 6): CO, KS, MT, NE, ND, SD, UT, and WY

U.S. Fish and Wildlife Service Endangered Species Permit Office Denver Federal Center P.O. Box 25486 Denver, Colorado 80225-0489

Web: https://www.fws.gov/mountain-prairie/es/endangered.php Phone: (303) 236-4224email: [email protected] Fax: (303) 236-0027

Alaska Region (Region 7): AK

U.S. Fish and Wildlife Service Endangered Species Permit Office 1011 E. Tudor Road Anchorage, Alaska 99503-6199

Web: http://alaska.fws.gov/fisheries/endangered/index.htm Phone: (907) 786-3323 email: [email protected] Fax: (907) 786-3350

Pacific Southwest Region (Region 8): CA and NV

U.S. Fish and Wildlife Service Endangered Species Permit Office 2800 Cottage Way, Suite W-2606 Sacramento, California 95825

Web: http://www.fws.gov/cno/es/ Phone: (916) 414-6464 email: [email protected] Fax: (916) 414-6486

http://www.fws.gov/northeast/endangered/



http://alaska.fws.gov/fisheries/endangered/index.htm


http://www.fws.gov/cno/es/


http://www.fws.gov/mountain-prairie/es/endangered.php


APPLICATION FORM INSTRUCTIONS

The following instructions pertain to U.S. Fish and Wildlife Service (USFWS) permit applications. The General Permit Procedures in 50 CFR 13 address the permitting process. For simplicity, all licenses, permits, registrations, and certificates are referred to as a permit.

GENERAL INSTRUCTIONS: • Complete all relevant questions in Sections A or B, C, D, and E.• An incomplete application may cause delays in processing or may be returned to the applicant. Be sure you are filling in the

appropriate application form for the proposed activity.• Print clearly or type in the information. Illegible applications may cause delays.• Sign the application in blue ink. Faxes or copies of the original signature will not be accepted.• Mail the original application to the address at the top of page one of the application or, if applicable, on the attached address list.• Keep a copy of your completed application.• Please plan ahead. Allow at least 60 days for your application to be processed; however, some applications may take longer than 90

days to process (50 CFR 13.11).• Applications are processed in the order in which they are received.

SECTION A OR SECTION B:

Section A. Complete if applying as an individual [do not complete this section if applying for Import/Export License (3-200-3)]: • Enter the complete name of the responsible individual who will be the permittee if a permit is issued. Enter personal information that

identifies the applicant. Fax and e-mail, while helpful in processing, are not required.• If you are applying on behalf of a client, the personal information must pertain to the client, and a document evidencing power of attorney

must be included with the application.• Affiliation/Doing business as (dba): business, agency, organizational, tribe, or institutional affiliation directly related to the activity

requested in the application (e.g., a taxidermist is an individual whose business can directly relate to the requested activity). The Divisionof Management Authority (DMA) and the Office of Law Enforcement (OLE) do not accept doing business as affiliations for individuals(complete Section B).

Section B. Complete if applying as a business, corporation, public agency, tribe, or institution: • Enter the complete name of the business, agency, tribe, or institution that will be the permittee if a permit is issued. Give a brief

description of the type of business the applicant is engaged in. Provide contact phone number(s) of the business. If you are applying onbehalf of a client, a document evidencing power of attorney must be included with the application.

• Principal Officer is the person in charge of the listed business, corporation, public agency, tribe, or institution. The principal officer is theperson responsible for the application and any permitted activities. Often the principal officer is a Director or President. Primary Contactis the person at the business, corporation, public agency, tribe, or institution who will be available to answer questions about theapplication or permitted activities. Often this is the preparer of the application.

ALL APPLICANTS COMPLETE SECTION C: • For all applications submitted to the DMA and OLE, a physical U.S. address is required. Province and Country blocks are provided for

those USFWS programs that use foreign addresses and are not required by DMA.• Mailing address is the address to which communications from USFWS should be mailed if different from the applicant’s physical address.

ALL APPLICANTS COMPLETE SECTION D: Section D.1 Application processing fee:

• An application processing fee is required at the time of application, unless exempted under 50 CFR13. The application processing fee isassessed to partially cover the cost of processing a request. The fee does not guarantee the issuance of a permit, nor will fees berefunded for applications for which processing has begun.

• Documentation of fee exempt status is not required for applications submitted Federal, tribal, State, or local government agencies,but must be supplied by those applicants acting on behalf of such agencies. Such applications must include a letter on agencyletterhead and signed by the head of the unit of government for which the applicant is acting on behalf, confirming that the applicant willbe carrying out the permitted activity for the agency.

Section D.2 Federal Fish and Wildlife permits: • List the number(s) of your most recently issued USFWS permit. If applying for re-issuance of a Conference on International Trade in

Endangered Species (CITES) permit, the original permit must be returned with this application.

Section D.3 CERTIFICATION: • The individual identified in Section A, the principal officer named in Section B, or person with a valid power of attorney

(documentation must be included in the application) must sign and date the application in blue ink. This signature legally binds theapplicant to the statement of certification. You are certifying that you have read and understand the regulations that apply to the permit.You are also certifying that all information included in the application is true to the best of your knowledge. Be sure to read the statementand re-read the application and your answers before signing.

Please continue to next page

http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr13_01.html


APPLICATION FOR A FEDERAL FISH AND WILDLIFE PERMIT Paperwork Reduction Act, Privacy Act, and Freedom of Information Act – Notices

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and the Privacy Act of 1974 (5 U.S.C. 552a), please be advised:

1. The gathering of information on fish and wildlife is authorized by: (Authorizing statutes can be found at: http://www.gpoaccess.gov/cfr/index.html and http://www.fws.gov/permits/ltr/ltr.html.)

a. Bald and Golden Eagle Protection Act (16 U.S.C. 668), 50 CFR 22;b. Endangered Species Act of 1973 (16 U.S.C. 1531-1544), 50CFR 17;c. Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 21;d. Marine Mammal Protection Act of 1972 (16 U.S.C. 1361, et. seq.), 50 CFR 18;e. Wild Bird Conservation Act (16 U.S.C. 4901-4916), 50 CFR 15;f. Lacey Act: Injurious Wildlife (18 U.S.C. 42), 50 CFR 16;g. Convention on International Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249), http://www.cites.org/, 50 CFR 23;h. General Provisions, 50 CFR 10;i. General Permit Procedures, 50 CFR 13; andj. Wildlife Provisions (Import/export/transport), 50 CFR 14.

2. Information requested in this form is purely voluntary. However, submission of requested information is required in order to process applications forpermits authorized under the above laws. Failure to provide all requested information may be sufficient cause for the U.S. Fish and Wildlife Serviceto deny the request. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.

3. Certain applications for permits authorized under the Endangered Species Act of 1973 (16 U.S.C. 1539) and the Marine Mammal Protection Act of 1972(16 U.S.C. 1374) will be published in the Federal Register as required by the two laws.

4. Disclosures outside the Department of the Interior may be made without the consent of an individual under the routine uses listed below, if thedisclosure is compatible with the purposes for which the record was collected. (Ref. 68 FR 52611, September 4, 2003)

a. Routine disclosure to subject matter experts, and Federal, tribal, State, local, and foreign agencies, for the purpose of obtaining advice relevant tomaking a decision on an application for a permit or when necessary to accomplish a FWS function related to this system of records.

b. Routine disclosure to the public as a result of publishing Federal Register notices announcing the receipt of permit applications for public commentor notice of the decision on a permit application.

c. Routine disclosure to Federal, tribal, State, local, or foreign wildlife and plant agencies for the exchange of information on permits granted or denied toassure compliance with all applicable permitting requirements.

d. Routine disclosure to Captive-bred Wildlife registrants under the Endangered Species Act for the exchange of authorized species, and to shareinformation on the captive breeding of these species.

e. Routine disclosure to Federal, tribal, State, and local authorities who need to know who is permitted to receive and rehabilitate sick, orphaned, andinjured birds under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act; federally permitted rehabilitators; individuals seekinga permitted rehabilitator with whom to place a bird in need of care; and licensed veterinarians who receive, treat, or diagnose sick, orphaned, andinjured birds.

f. Routine disclosure to the Department of Justice, or a court, adjudicative, or other administrative body or to a party in litigation before a court oradjudicative or administrative body, under certain circumstances.

g. Routine disclosure to the appropriate Federal, tribal, State, local, or foreign governmental agency responsible for investigating, prosecuting, enforcing,or implementing statutes, rules, or licenses, when we become aware of a violation or potential violation of such statutes, rules, or licenses, or when weneed to monitor activities associated with a permit or regulated use.

h. Routine disclosure to a congressional office in response to an inquiry to the office by the individual to whom the record pertains.i. Routine disclosure to the Government Accountability Office or Congress when the information is required for the evaluation of the permit programs.j. Routine disclosure to provide addresses obtained from the Internal Revenue Service to debt collection agencies for purposes of locating a debtor

to collect or compromise a Federal claim against the debtor or to consumer reporting agencies to prepare a commercial credit report for use by the FWS.

5. For individuals, personal information such as home address and telephone number, financial data, and personal identifiers (social security number, birthdate, etc.) will be removed prior to any release of the application.

6. The public reporting burden on the applicant for information collection varies depending on the activity for which a permit is requested. The relevantburden for a Recovery and Interstate Commerce permit application is 4 hours. This burden estimate includes time for reviewing instructions,gathering and maintaining data and completing and reviewing the form. You may direct comments regarding the burden estimate or any other aspect ofthe form to the Service Information Clearance Officer, U.S. Fish and Wildlife Service, Mail Stop 2042-PDM, Arlington Square, U.S. Department ofthe Interior, 1849 C Street, NW, Washington D.C. 20240.

Freedom of Information Act – Notice For organizations, businesses, or individuals operating as a business (i.e., permittees not covered by the Privacy Act), we request that you identify any information that should be considered privileged and confidential business information to allow the Service to meet its responsibilities under FOIA. Confidential business information must be clearly marked "Business Confidential" at the top of the letter or page and each succeeding page and must be accompanied by a non-confidential summary of the confidential information. The non-confidential summary and remaining documents may be made available to the public under FOIA [43 CFR 2.23 and 43 CFR 2.24].

http://www.gpoaccess.gov/cfr/index.html

http://www.fws.gov/permits/ltr/ltr.html

http://www.cites.org/