June 2019

Outfitter & Guide Operations

Programmatic Environmental Assessment IT4RM-

/s/ Marten Schmitz 06/06/2019 Marten Schmitz, Outdoor Recreation Planner Date

/s/ David Wallace 06/06/2019 David Wallace, Assistant District Manager, Multiple Resources Date

Las Cruces District Office 1800 Marquess Street Las Cruces, New Mexico 88005 575-525-4300

CHAPTER 1. INTRODUCTION This programmatic environmental assessment (EA) has been prepared to disclose and analyze the environmental consequences of the Bureau of Land Management (BLM) Las Cruces District Office (LCDO) proposal to issue special recreation permits (SRP) and commercial filming/still photography permits, if desired, for hunting outfitters and guides using BLM-administered lands, including Wilderness and Wilderness Study Areas (WSA). This EA does not authorize commercial photography permits beyond the scope of this document. When a hunt is guided and/or outfitted by a commercial enterprise, the BLM requires that the activity be authorized through a Special Recreation Permit (BLM Handbook H-2920-1). The New Mexico Department of Game and Fish (NMDGF) manages hunting on public land and establishes appropriate seasons for various types of game hunts (e.g. muzzleloader, bow, rifle, and shotgun). Outfitter/Guide businesses that are licensed with the NMDGF must have a SRP to conduct commercial activities on public land within the LCDO. The SRP is applicable to the commercial entity, not the individual hunter. When a commercial activity is photographed or filmed, or a private activity is photographed or filmed for commercial use, an authorization is required. A separate fee is required for a commercial filming/still photography permit. This fee would be on a per hunt basis. Within the LCDO, there are approximately 5.4 million surface acres of public land under the administrative jurisdiction of the BLM. While some developed public recreation areas are inappropriate for hunting, the vast majority of the District is available for dispersed recreational activities, including hunting.

1.1. Background The BLM SRP process includes a NEPA analysis. On public lands that are not WSAs, SRPs are typically issued using a Categorical Exclusion (BLM NEPA Handbook 1-1790-1, Appendix 4, Section H. Recreation Management). WSAs, however, require an environmental assessment (EA) to ensure the permitted activity satisfies the non-impairment standard (BLM Manual 6330). In 2012, the BLM analyzed issuance of outfitter and guide SRPs in a programmatic EA. This EA is now outdated with changes in land management such as the creation of the Organ Mountains-Desert Peaks National Monument, recent designation of 10 Wilderness Areas, an increase in SRP applications, and new information. Previously, commercial filming/still photography permits for hunting and guiding activities were analyzed and issued separately from commercial outfitter/guide SRPs. Previous commercial photography activities in WSAs were limited to hand-help, minimum impact filming.

1.2. Purpose and Need The purpose of the proposed action is to fulfill BLM’s responsibility under the Federal Land Policy and Management Act (FLPMA), which establishes outdoor recreation as one of the principle uses of public land and which directs the Department of Interior to regulate commercial use of public land through permits or other instruments. The need for the proposed action arises from frequent applications for commercial SRPs throughout the LCDO that include BLM WSAs and Wilderness Areas. An additional need is to respond to requests for commercial filming/still photography activities that take place concurrent with the SRP.

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1.3. Decision to be Made The BLM will decide whether or not to issue Special Recreation Permits that authorize commercial hunting and guiding activities and associated commercial minimum impact filming/still photography, if desired, on public land in WSAs, Wilderness Areas, and other public land authorized for dispersed recreational activities within the LCDO.

If issued, such a Permit could authorize both Guide/Outfitter operations and concurrent commercial photography/filming/videography on all LCDO public lands, including BLM WSAs and Wilderness Areas. All SRPs can be issued for up to a 10-year period. However, each permit is subject to review after each year. If permit terms and stipulations are not followed adequately, the permit can be revoked by the BLM at any time. Furthermore, group size and location visits may be adjusted through the adaptive management process in order to better protect the experience of all users.

1.4. Plan Conformance and Relationship to Statues and Regulations 1.4.1. Plan Conformance This proposed action conforms to the Mimbres Resource Management Plan (RMP) approved April 1993 because it is clearly consistent with the following decisions, objectives, and conditions of the RMP: Page 2-49 – DISPERSED RECREATION – “Current management direction for dispersed recreation opportunities is provided for in the regulations and subsequent BLM manuals. The major form of dispersed recreation in the Resource Area is hunting.” The proposed action conforms to the White Sands Resource Area Resource Management Plan (RMP) approved October 1986 because it is clearly consistent with the following decisions, objectives, and conditions of the RMP: Page 2-47 – RECREATION – General Management Guidance – “A wide range of recreation opportunities will be provided for all segments of the public. Impacts to recreation opportunities will continue to be evaluated on a case-by-case basis when EAs are written for specific projects or proposals….Stipulations will be attached as appropriate to ensure compatibility of projects with recreation management objectives. Recreation use is managed…to promote public use and enjoyment of the public land.” The proposed action conforms to the McGregor RMPA (2006): McGregor Range RMP Amendment Final Record of Decision (2006) Page 21: The BLM and Fort Bliss will develop a Memorandum of Understanding to coordinate the collection of hunt data on an annual basis. Page 29: The BLM will monitor recreational impacts of permitted use. The proposed action conforms to the Prehistoric Trackways National Monument (PTNM) approved November 2015 because it is clearly consistent with the following decisions, objectives, and conditions of the RMP: Page 22 – RECREATION AND VISITOR SERVICES – “Primary recreation activities are permitted OHV use, mountain biking, hiking, horseback riding, picnicking, camping, hunting, and sightseeing.”

Authorization of commercial film and still photography is compliant in the Lands sections Las Cruces District Office Resource Management Plans.

1.4.2. Relationship to Statues, Policies, and Regulations The proposed action is consistent with Federal environmental laws and regulations, Executive Orders, and Department of Interior policies. The following are included:

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The Federal Land Policy and Management Act (FLPMA), 1976, Title III, Sec. 302 (b) “the Secretary shall… regulate, through easement, permits, leases…. The use, occupancy, and development of public lands…” The Federal Lands Recreation Enhancement Act (FLREA), 2004, Title VII, Sec. 803 (f). “The Secretary may issue a special recreation permit, and charge a special recreation permit fee in connection with the issuance of the permit, for specialized recreation uses of Federal recreation lands and waters, such as group activities, recreation events, and motorized recreation vehicle use.” The National Historic Preservation Act, 1966, Title I, Sec. 106. “The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be , take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National register.” 43 CFR 2932 (BLM) – Special Recreation Permits for Commercial Use, Competitive Events, Organized Groups and Recreation Use of Special Areas is the basis for the LCDO SRP program as well as BLM Handbook H-2930-1, Recreation Permit Administration. BLM Manual 6330 - Management of Wilderness Study Areas. Applications for SRPs within a Wilderness Study Area will not be considered for authorization under this analysis unless they adhere to the Non- Impairment Standard. The non-impairment standard is defined as a temporary use or facility that will not create new surface disturbance that would necessitate reclamation, rehabilitation, or restoration in order for the site to appear and function as it did prior to the disturbance. The Wilderness Act of 1964, Section 4(d)(5). “Commercial services may be performed in the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational and other wilderness purposes of the areas.” BLM Manual 6340 - Management of BLM Wilderness. Commercial services are allowed to the extent necessary for realizing the recreational and other wilderness purposes of the areas. “Allowable commercial services may include those provided by packers, outfitters, and guides and may also include commercial filming . . .” Additionally, 43 CFR Part 5 covers the regulatory authority for BLM to authorize commercial filming, similar projects, and still photography on public land.

1.5. Scoping and Issues 1.5.1. Internal Scoping On February 11 and April 1, 2019, the proposed project was presented to the LCDO NEPA interdisciplinary (ID) team. The ID team was involved in the internal scoping to identify potential issues, understand the proposal, develop the purpose and need, and develop a range of alternatives. 1.5.2. External Notification Project information was sent out to individuals, agencies, and non-governmental organizations that have expressed an interest in Wilderness Study Areas. See Appendix A for the WSA Notification letter and mailing list. One comment letter was received and focused on Wilderness issues. Concerns were raised about the proposed number of permits, commercial filming in Wilderness, and the appropriate level of NEPA analysis.

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1.5.3. Issues Using the input from the BLM ID team and notification comments, a list of issues to analyze in detail in this Environmental Assessment (EA) was developed in accordance with guidelines set forth in the BLM NEPA Handbook (BLM 2008). The key issues identified during public and agency scoping are summarized in Table 1-1. The impact indicators provided are used to describe the affected environment for each issue in Chapter 3, measure change in the issue for the different alternatives, and assess the impacts of alternatives. There are essentially three levels of issues: 1) An issue that needs to be analyzed to disclose the impacts of the project; 2) An issue that was mitigated by design features and stipulations so no longer is an issue; and 3) A resource or use that is not present or is not affected so is not an issue and does not need to be analyzed in the document.

Table 1. Issues Identified for Detailed Analysis in this EA.

ISSUE # ISSUE STATEMENT IMPACT INDICATOR Time and cost spent Issue 1 How would the issuance of up to 75 SRPs impact the processing SRP outfitter and guide industry? applications. Size, Naturalness, Outstanding Opportunities What are the potential impacts of guided hunting activities for Solitude or Primitive Issue 2 to wilderness characteristics in WSAs? and Unconfined Recreation, Supplemental Values (optional) Untrammeled; Natural; Undeveloped; Solitude or What are the potential impacts of guided hunting activities Primitive and Unconfined Issue 3 to wilderness character in Congressionally designated Recreation; Unique, Wilderness Areas? Supplemental, or Other Features (optional)

Table 2. Issues not Included in Further Detail in the Environmental Assessment

RATIONALE FOR NOT FURTHER DISCUSSING IN ISSUE STATEMENT DETAIL IN THE EA* What is the potential for the spread of Design features include standard noxious weed stipulations. noxious weeds and invasive plants? These stipulations are known to be effective at preventing the spread of noxious weeds and invasive plants. What impact would ground-disturbing The proposed action does fall within variable Potential activities have on the integrity of Fossil Yield Classifications, but does not include ground- paleontological resources? disturbing activities. If the proper design features/stipulations are followed, any paleontological resources encountered would be protected.

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RATIONALE FOR NOT FURTHER DISCUSSING IN ISSUE STATEMENT DETAIL IN THE EA* What are the potential impacts on soils? Design features include adequate protections for soils. What are the potential impacts to Visual WSAs and Wilderness Areas are managed to meet VRM Resource Management (VRM) Class I? Class I objectives. The proposed activities are of limited duration and the level of change to the landscape would be low and not attract attention, therefore the VRM Class I objectives would be met. What are the potential impacts to the Design features would avoid and mitigate impacts to integrity of known cultural sites? cultural and heritage resources. How would guided hunting activities Typically, hunting is minimally invasive on wildlife habitat impact native wildlife habitat and in order to increase the chances of harvesting an animal populations throughout the Las Cruces while causing the least amount of disturbance to groups of District? animals. Activities are of short duration and once the hunters leave the area, wildlife populations will continue to use areas that may have been disturbed. NMDGF uses biological data to set the amount of tags issued so entire populations are not impacted. This maintains a population that can continue to be healthy and sustains mortality of specific individuals. What are the potential impacts to Other ROWs in the EA programmatic area are compatible existing Rights-of-Ways (ROW) or with outfitter/guide activities because the use is minimal leases? impact and no permanent facilities are being maintained or constructed. ROW holders will not need to be notified. Would the permitting of Outfitter and While present, perennial and intermittent water sources are Guides and commercial filming/still very limited within the analysis area. However, the included photography impact water resources? design features are adequate to protect these limited water sources. What are the potential impacts to air Issuing Special Recreation Permits to Guide and Outfitter quality? businesses, with hunting activities as described in the proposed action will be temporary and of short duration. In addition, all equipment used will be well maintained and functioning properly, which will also reduce air quality impacts. * Supporting documentation for these statements is included in the project record.

CHAPTER 2. ALTERNATIVES 2.1. Alternative A – Proposed Action

The proposed action is to authorize SRP applications and associated film/still photography permits for commercial hunting and guiding activities throughout BLM-administered lands within the LCDO, including Wilderness and WSAs, to Guide and Outfitter businesses that are properly registered with the New Mexico Department of Game and Fish. No more than 75 total permits would be active at one time.

Outfitter and Guide SRPs would be issued with stipulations found in Appendix B. A Determination of NEPA Adequacy (DNA) would be used to consider each SRP/filming permit. Outfitter and Guide Operations June 11, 2019 Environmental Assessment 5

2.1.1. Guided Hunt Activities The SRP (Special Recreation Permit) is applicable to the commercial entity, not the individual hunter. Likewise, when photographs and/or videos of individual activities on public land are made for personal use, no permit is required. However, when a commercial activity is photographed or filmed, or a private activity is photographed or filmed for commercial use, an authorization for that use is required. The LCDO has determined typical hunting activities based on post use reports provided by current and previous outfitters and guides. These typical activities are described below. Season of Use: Hunting activities may occur anywhere within the LCDO and at any time throughout the year. Duration: Hunting activities may be day-use only or multi-day however, past use reports from the LCDO indicate that most guided hunts last from 1 to 4 days. Number of Participants: According to LCDO post use reports, a typical hunting party consists of 10 people or less; 1 to 4 hunters with 2 to 6 guides. Transportation: The BLM anticipates that hunting parties would utilize 1-3 support vehicles such as SUVs or pickup trucks; 1-4 ATVs; and occasionally 1-2 pack animals. Location: Hunting activities are widely dispersed across public land and vary in any given year depending on location of game, game populations, and the availability of access through public and non- public lands. Game Species: New Mexico Department of Game and Fish (NMDGF) issues hunting licenses for over 50 different species of wildlife. Hunters may enlist the services of an outfitter or guide to assist with hunts for any of these species. In the Las Cruces District, guides are commonly used for big game species such as elk, mule deer, Coues whitetail deer, oryx, ibex, and pronghorn. More information on species hunted in New Mexico is available from NMDGF. Camping: Hunting camps would consist of self-contained travel trailers, motor homes, and/or tents. Camps may be established for up to 14 consecutive nights at any one location outside of areas prohibited by stipulations. A majority of outfitter/guides do not camp on public lands; they spend nights in nearby hotels/motels, when available. Commercial Photography: Outfitters, guides, and their clients would use various camera equipment to produce still photography, film, and video documentation of the activities occurring on the hunt. Only hand-held cameras are used. Commercial photography in Wilderness Areas would be at the discretion of the Authorized Officer and would not be permitted “unless it is necessary for realizing the recreational or other wilderness purposes of the area and does not otherwise utilize a prohibited use” (BLM Manual 6340, p. 1-21, Section 1.6, 4.b.).

2.1.2. Design Features To mitigate impacts of hunting and commercial photography activities on Wilderness and WSAs, the following design features are a subset of the Stipulations found in Appendix B.

2.1.2.1. WILDERNESS AND WILDERNESS STUDY AREAS

Leave No Trace: When traveling across or spike camping in Wilderness and Wilderness Study Areas, users should follow the seven Leave No Trace Principles: plan ahead and prepare, travel and camp on durable surfaces, dispose of waste properly, leave what you find, minimize campfire impacts, respect

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wildlife, and be considerate of other visitors. More details and information about Leave No Trace ethics can be found at www.lnt.org. No base camps would be authorized within Wilderness or WSAs. Construction of structures would be prohibited in Wilderness and WSAs. A “spike camp” may be set up within a Wilderness or WSA, if conditions or circumstances dictate (e.g., extreme weather conditions, injury, being lost). However, the “footprint” of the campsite would be completely erased upon completion of the activity. Disturbance or damage created by a “spike camp” may result in suspension or revocation of the Special Recreation Permit and/or additional fines based on impairment of wilderness characteristics. GPS coordinates (UTM, NAD 1983) of ALL “spike camps” would be submitted in the Post-Use Report to facilitate inspection. The use of fire pans or fire blankets would be required in Wilderness and WSAs. Precise locational information (GPS points in UTM, NAD 83) would be required for vehicles used in conjunction with any permitted activity. Both routes and parking areas would be documented when accessing Wilderness or WSAs. Information would be submitted on the Post-Use Report. Motorized vehicles, motorized equipment (e.g., generators, chainsaws), and mechanized transport (included wheeled game carts) use would be prohibited within Wilderness or WSAs. Vehicles and mechanized transport may be used on WSA cherrystem roads. Use of pack animals in Wilderness or WSAs would require certified weed free feed or pellet feed and water to be carried in. No damage to any vegetation would be authorized within a Wilderness or Wilderness Study Area (WSA). All operations should be conducted in a manner that prevents damage to or loss of vegetation cover. Cutting, clearing or defacing of standing trees, alive or dead, or clearing and cutting of shrub/groundcover for any reason would not be authorized. The use of temporary blinds for hunting, photography, wildlife observation, or similar purposes would be permitted for no more than 14 days, provided they would be packed or carried in and out and there would no disturbance or destruction of soil, rock, or vegetation. Only hand-held cameras would be permitted. No tripods, light, or props, other than the hunter and their weapon, would be allowed. The use of drones would not be allowed in Wilderness or WSAs. Filming locations would be GPSed (UTM, NAD 83) and the information included on the post-use report. If a WSA is designated as Wilderness, the commercial filming/still photography permit will be terminated (BLM Manual 6330, p. 1-19, Section 1.6, D.4.b.ii.). Permittee would be responsible for knowing where Public Land, Wilderness, WSA, and ACEC boundaries are and the restrictions that may apply to permit activities within these boundaries. Maps and information concerning restrictions are available at the local District Office.

2.1.2.2. BASE CAMPS AND SANITATION All campsites and temporary improvements should be as described in the approved operating plan. Camping is prohibited for a period longer than 14 days within any period of consecutive 28 days. The 28- day period begins when a camper initially occupies a specific location on public land. The 14-day limit may be reached either through a number of separate visits or through 14 days of continuous occupation. After the 14th day of occupation, campers must move beyond a 25-mile radius from the previous location. When the camping limit has been reached, use of any public land site within the 25-mile radius shall not

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occur again until at least 30 days have elapsed from the last day of authorized use. (43 CFR 8365.1-6, LCDO Supplementary Rules published 11/13/1995) No year-round, permanent camps may be established on BLM lands; only temporary facilities are permitted. All campsite facilities, including, but not limited to tents, latrines, and livestock control facilities, should be located at least 300 yards from the nearest natural water source (spring, stream, lake, pond or reservoir) or the nearest man-made water source (tank, trough, guzzler, etc.) unless specifically authorized otherwise. All camps should be located to avoid conflict with public road and trail traffic and to the extent possible should be located out of sight of major trails. All operations should be conducted in a manner that prevents damage to or loss of vegetation cover. Cutting, clearing or defacing of standing trees, alive or dead, or clearing and cutting of shrub/groundcover for any reason would not be authorized. After camps and other temporary facilities are dismantled, insofar as practical, the area should be left in a natural state. Reseeding with BLM-approved seed mix may be required of any areas disturbed by campsites. Self-contained or pit-type toilets/privies, with or without tent coverings, should be used at all campsites on public land. The permittee would be responsible for establishing a latrine for all permitted camps and for final rehab when the camp is removed. Waste from self-contained toilets and gray water should be disposed of at a State-approved sewage disposal facility. When abandoned, toilet pits should be covered with a minimum of 12 inches of topsoil and backfilled to pre-existing grade. While in use, human waste in pits should be covered with a layer of topsoil after each individual use. Camps and other permitted areas should be regularly cleaned. No trash or litter should be allowed to accumulate. Combustible trash may be burned when campfires are permitted. All noncombustible trash, including, but not limited to tin cans, spent brass, glass bottles, foil, and wire should be packed out. Trash should not be buried on public land. Dead animals and their remains should be disposed of at least 300 yards away from natural and man- made water sources, campsites, roads, and trails. GPS coordinates (UTM, NAD 1983) of ALL campsites should be submitted in the Post-Use Report to facilitate inspection. Food, water, and/or equipment caches require advance authorization. When authorized, caches should be neatly stored out of sight of roads and trails. Food caches should be “wildlife proof.” No camping is allowed in the following ACECs: Cornudas Mountain, the cultural resource area of Alamo Mountain, and Alkali Lakes.

2.1.2.3. CAMPFIRES Use of campfires should be kept to a minimum. Using cook stoves or fire stoves is recommended as an alternative to cooking over campfires. Where campfires are allowed, use fire pans, fire blankets, or existing fire rings only. No new fire rings would be created where existing rings are available. The use of fire pans or fire blankets is strongly recommended on public lands. Open fires may be prohibited during periods of extremely high fire hazard by order of the BLM, the applicable county, or the State of New Mexico.

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Campfires should be completely extinguished when unattended. The permittee is responsible for all fires started by him/herself, employees, or clients, and may be held responsible for fire suppression costs resulting from wildfire caused by his/her operations. Permittees are encouraged to bring firewood. Firewood may be cut on public land only for campsite use while on public land, and may not be transported off the public lands without a separate firewood cutting permit. Only dead and down wood shall be used for firewood (43 CFR 4140.1). An axe, shovel, and water bucket or extinguisher for fire control should be available at each campfire. Wildfire caused by the permitted operation should be reported immediately to the nearest BLM office. The permittee is responsible for informing employees, clients, and participants of the current fire danger and required restrictions or precautions that may be in effect. No campfires are allowed in the Alkali Lakes ACEC.

2.1.2.4. VEHICLE USE All vehicles, including UTVs, would be power or high-pressure washed of all mud, dirt, and plant materials immediately prior to entry onto BLM-administered lands. All closed gates should be reclosed after passing through them. 2.1.2.5. LIVESTOCK USE

Authorized pasture use of livestock is temporary and limited to transportation purposes, and would not establish a priority for future use of the range. Rangeland grazing may be restricted and feed may be required to be packed. All supplemental feed used as part of permitted operations should be certified weed free or pellet feed. The permittee should prevent localized overgrazing and damage to vegetation by permitted livestock. Construction of permanent fences or corrals would not be permitted. Temporary livestock control structures may be erected with advanced approval, including corrals and hitching racks, provided they are dismantled after the use season. Repeated use of the same encampment during one season would require an inspection by the BLM after the first use and written permission by the BLM for repeated use. The permittee may be required to pay additional fees for forage consumed by livestock during the permitted operations. This fee would be at the current rate for grazing use. Livestock should not be tied to trees for other than short term, temporary stops. Hobbles, pickets, high lines, or corrals should be used to control livestock. If electric fences are used, they would be moved every 3 days to a new area. If picket ropes are used, they would be moved every other day to a new area. If high lines are used, their location would be approved in advance. Livestock control structures (temporary corrals, hitching racks, pickets, high lines) should be at least 300 yards from natural water sources and any man-made water source. Whatever method of livestock control is used, it would not result in removal or death of the understory vegetation. Goats should not be used as pack animals in areas populated by desert bighorn sheep.

2.1.2.6. COMMERCIAL FILMING/STILL PHOTOGRAPHY Only hand-held cameras would be permitted. No tripods, lights, or props, other than the hunter and his weapon, would be allowed. The use of drones would not be allowed.

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2.1.2.7. HERITAGE AND PALEONTOLOGY RESOURCES Any cultural resource (historic or prehistoric site or object) discovered by the permit holder, or any employee, on public or Federal land should be immediately reported to Authorized Officer (District Manager). The permit holder should suspend all operations within 100 feet of such discovery. In addition, the area of discovery would be covered, stabilized, or otherwise protected from damage. An evaluation of the discovery would be made by Authorized Officer (District Manager) to determine appropriate actions to prevent the loss of significant cultural or scientific values. The permit holder should notify the appropriate Federal or tribal official immediately upon the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony pursuant to 43 CFR 10.4 (b). The permit holder should immediately notify the Authorized Officer (District Manager) of any paleontological resources discovered as a result of permit activities. The permit holder should suspend all activities in the vicinity of such discovery until notified to proceed by Authorized Officer (District Manager), and should protect the discovery from damage or looting.

2.1.2.8. RESOURCE PROTECTION Aesthetics: Permittee should protect the scenic and aesthetic values of the public lands used in the operations, and maintain premises on permitted areas to acceptable standards of repair, orderliness, and cleanliness. Soils: Permittee should conduct the permitted Operations in a manner that prevents rutting or soil erosion. Protection of Public Property: Signs, equipment, markers, fences, and livestock watering facilities or any other property found on public land should not be damaged, destroyed, defaced, removed, or disturbed. Construction: Construction of permanent facilities or improvements of any kind, including, but not limited to roads, trails, or structures, would not approved by this permit. Minerals Activities: Permit operations and supporting activities should not interfere with BLM approved mining, fluid minerals, or materials production activities. The permit holder and all employees, associates, and contractors should avoid stationing or camping in active mining and mineral production sites. It would be the responsibility of the permit holder to identify such sites prior to beginning guide operations (c.f. http://blm.gov/lr2000/).

2.2. Alternative B – No Action Alternative Under the No Action alternative, the LCDO would continue to authorize SRPs without consideration of a commercial film/still photography permit. Issuance of a commercial film/still photography permit would require a separate application process. The appropriate level of NEPA documentation for each individual film/still photography permit would need to be completed. In addition, the No Action Alternative would authorize outfitter/guide activities within WSAs using incomplete and outdated stipulations (see DOI-BLM-NM-L000-2012-0094-EA Programmatic Environmental Assessment for Outfitter and Guide Operations on Public Land within the Las Cruces District). Outfitter/Guide activities in Wilderness Areas would not be authorized.

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CHAPTER 3. AFFECTED ENVIRONMENT AND ENVIRONMENTAL IMPACTS 3.1. Introduction This chapter analyzes impacts from the Proposed Action and No Action Alternative on the resources identified above in Scoping (section 1.5.3). The chapter begins with a summary of cumulative actions already in place in the project area that might impact these resources. Following the cumulative actions section, each resource identified in Scoping is described in terms of its affected environment and followed by a discussion of impacts caused by the proposed action.

3.2. Cumulative Actions Hunting is the most common recreational activity in the LCDO and is considered a casual use of LCDO public lands. With the exception of bighorn sheep, ibex and Barbary sheep, big game hunting is spread out over the 5.4 million acres of the LCDO and occurs typically from August to February. Big game habitat is found in all Wilderness and WSAs and the BLM recognizes that most private hunters do not hire an outfitter or guide. While the BLM does not collect data associated with private hunting use in WSAs, NMFGD information indicates that concentrated use by ibex hunters can be expected annually in the Florida Mountains WSA, compared to other locations throughout the District. Ibex are unique to the Florida Mountains; NMDGF issued 742 ibex tags in 2018. In addition, in 2018 NMDGF issued 616 tags for Barbary sheep in the Brokeoff Mountains. Barbary sheep are also found elsewhere in southern Otero County outside of the Brokeoff Mountains WSA; hunters would not be as concentrated as those in the Florida Mountains. No other SRPs, for other types of activities, have been issued for the LCDO WSAs. Ongoing public use of Wilderness and WSAs includes hiking, camping, hunting, photography, and other recreational activities. With the exception of the Florida Mountains WSA and Organ Mountains Wilderness; Wilderness and WSAs are lightly visited by the recreating public. The Organ Mountains Wilderness, adjacent to an urban area, receives 60,000 visitors annually. The Florida Mountains WSA, as mentioned above, is used extensively by hunters and residents from nearby Deming, NM. Individual hunters may visit the WSA several times during the course of a hunt.

3.3. Issue 1: Recreation - What are the impacts of issuing SRPs to Outfitters/Guides? 3.3.1. Affected Environment 3.3.1.1. Known Use of WSAs and Wilderness Areas The LCDO currently issues 43 SRPs annually to outfitters and guides. Approximately 60% of these SRPs are to businesses with clients for two exotic, introduced game mammals found only on public lands in the LCDO. These species are ibex and Barbary sheep, two wild goats from North Africa. Additionally, one native species, desert bighorn sheep, occurs within the LCDO. The LCDO has issued 15 film permits directly related to hunting within the past four years, all film permits have been issued for the Florida Mountains. To understand potential use of Wilderness and WSAs, the BLM reviewed trip plans, which are filed by an SRP holder before a hunt, where the Game Management Unit (GMU) was identified. If a GMU overlapped with a WSA, it was assumed that the hunting party would enter the WSA. This review did not identify any commercial hunting use of WSAs that were designated as Wilderness. However, incidental use of WSAs may have occurred, but this information was not discernable from the trip plans or post-use reports.

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Ibex are found only in the Florida Mountains, including the Florida Mountains WSA. SRP use in GMU 25 is primarily for ibex hunting. Approximately 15 SRP holders per year are known to take clients ibex hunting. Table 3 shows trip plans where clients were taken into the Florida Mountains for ibex hunting. Barbary sheep are primarily associated with mountain ridges and canyons in southern Otero County, including GMUs 28, 29, and 30. Brokeoff Mountains WSA is within GMU 30, while Culp Canyon WSA is in the northern portion of GMU 28. Trip plans filed by SRP holders that could overlap with the Brokeoff Mountains WSA are shown in Table 3. Desert bighorn sheep occur within the Peloncillo Mountains and Gray Peak WSAs (GMU 27) and Big Hatchet Mountains WSA (GMU 26). While fewer than 16 tags are issued in these areas, outfitter and guides filed trip plans as noted in Table 3. Deer hunting is widespread in LCDO, but trip plans associated with deer hunting in GMUs that contain WSAs are rare (Table 3). No trip plans were filed for oryx in GMUs that overlap WSAs.

Table 3. Trip plans filed with the LCDO from 2015-2018 that overlap with Wilderness Study Areas.

Trip Plans Trip Plans Trip Plans Trip Plans Wilderness Study Area Hunt Species 2015 2016 2017 2018 Big Hatchet Mountains 5 6 7 6 Bighorn sheep, Mule deer Brokeoff Mountains 22 26 29 28 Barbary sheep Cooke's Range 4 Mule deer Florida Mountains 76 86 91 89 Ibex

While the Organ Mountains Wilderness is heavily visited by recreationists, outfitters and guides have not traditionally brought clients into the area. Deer, javelina, and oryx are found within the Wilderness but their numbers are very low and the area is not a highly desirable hunting destination.

3.3.1.2. Hunting Outside of WSAs A review of SRPs issued by the LCDO indicates that permitted outfitter and guides who do not specialize in ibex, Barbary sheep, or desert bighorn sheep do not file trip plans that include GMUs with WSAs. Species guided for outside of WSAs include oryx, mule deer, quail, and javelina. It is assumed that these hunters do not enter WSAs. With oryx, another exotic species introduced from Africa, hunting occurs in a more dispersed manner. These animals are range widely across the lower elevations in the eastern half of LCDO and do not concentrate in mountain ranges as ibex and Barbary sheep do. No trip plans were filed for oryx in areas that would overlap with WSAs. 3.3.2. Environmental Impacts 3.3.2.1. Impacts of Alternative A – Proposed Action The proposed action would consolidate an authorization process for all hunting related commercial outfitter/guide SRPs and associated commercial filming/still photography operations in the LCDO for businesses choosing to take clients into Wilderness and WSAs. The proposed action would serve to expedite the SRP process and reduce the amount of time, burden, and expense required for applicants, existing permittees, and BLM staff to process.

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3.3.2.2. Impacts of Alternative B – No Action Alternative In the No Action Alternative, SRPs for hunting and photography/filming activities would continue to be analyzed separately. This would result in an increase in SRP processing times and potentially result in missed opportunities for outfitters and guides. Given the array of affordable digital photographic equipment that can yield professional grade results, even when in the hands of an amateur photographer, it is likely that every hunt, whether guided or not, would be equipped with one or more cameras/camcorders to capture the opportunity presented by a big game hunting experience. The No Action alternative would not affect the ability of a hunter to document his/her experience, but could limit that hunter’s ability to share images of the hunt in a commercial context.

3.4. Issue 2: What are the impacts to wilderness characteristics in Wilderness Study Areas

3.4.1. Affected Environment There are approximately 5.4 million acres of public land administered by the LCDO in southern New Mexico, including more than 279,000 acres in 16 WSAs (Table 4). WSA are managed in accordance with BLM Manual 6330 - Management of Wilderness Study Areas.

Table 4. Wilderness Study Areas of the Las Cruces District Office

Wilderness Study Area County Acres Alamo Hueco Mountains Hidalgo 16,264 Apache Box Grant 7,161 Big Hatchet Mountains Hidalgo 65,872 Blue Creek Grant 14,896 Brokeoff Mountains Otero 31,606 Cedar Mountains Luna 14,911 Cooke’s Range Luna 19,608 Cowboy Spring Hidalgo 6,699 Culp Canyon Otero 10,937 Florida Mountains Luna 22,336 Gila Lower Box Hidalgo 8,555 Gray Peak Hidalgo 14,678 Guadalupe Canyon Hidalgo 4,146 Hoverrocker Grant 22 Jornada del Muerto* Sierra 37,598 Peloncillo Mountains Hidalgo 4,061 279,350 *This WSA is located mostly in Socorro County.

Wilderness characteristics for the LCDO WSA are described in detail in Volumes 3 and 4 of the 1988 New Mexico Wilderness Study Report. All areas meet the size requirement, possess naturalness, and have outstanding opportunities for solitude and/or primitive and unconfined recreation. Many areas also have special or supplemental values. These areas have been managed so as to not impair their suitability for preservation as wilderness since November, 1980. Between 2015 and 2018, approximately 15 commercial

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photography/filming permits were issued to outfitter/guide operations for filming of guided hunts. All were in the Florida Mountains WSA.

3.4.2. Environmental Impacts 3.4.2.1. Impacts of Alternative A – Proposed Action

Any SRPs issued under this Environmental Analysis (EA) for commercial outfitter and guide operations and commercial filming/still photography would be subject to the design features in Section 2.1.2 and additional mitigation measures in Appendix B. This would minimize the effects of the Proposed Action to WSAs. Application of the design features and mitigation measures would ensure that all uses would be temporary and that there would be no new surface disturbance requiring reclamation. Therefore, the WSA non- impairment standard would be met for the purposes of this EA. Generally, there would not be impacts to the wilderness characteristics of naturalness and outstanding opportunities for solitude or primitive and unconfined recreation because of the usually dispersed nature of outfitter/guide operations. Use of a permitted outfitter/guide should result in less disturbance to WSAs. The stipulated use of Leave No Trace principles, and client education of them, should help reduce effects to naturalness and solitude. Hikers would spread out and avoid using the same route. However, foot paths could be identifiable because of terrain limitations. Pack animals, although rarely used, may be appropriate in some circumstances. Because all WSAs are within grazing allotments, the short-term use pack stock would not affect wilderness characteristics. The effects of 3-10 people individuals hiking into a WSA for commercial hunting purposes may be less than the same number of private hunters hiking into same area for the same activity. The addition of commercial filming to the guided hunt would not cause impacts to wilderness characteristics because the photographer would already be a member of the hunting party.

However, there would be cumulative impacts to naturalness and solitude from the combination of guided and private ibex hunting in the Florida Mountains WSA. Ibex licenses are issued by the NMGFD and are outside the jurisdiction of the BLM. There are eleven different ibex hunts from October through March each year. The number of ibex licenses available per hunt ranges from 15 to 132. Total ibex licenses from 2015 to 2018 ranged from 511 to 718. The majority (approximately 85 percent) of ibex hunters do not use outfitter/guide services, but all are using the same limited area. The average ibex hunt last approximately 3.7 days. Private hunters may not be aware of or practice the Leave No Trace principles. Given the limited access into the Florida Mountains, hunters are using the same routes, trampling vegetation, compacting soils, and, most likely, creating paths that would continue to be used. Because most ibex hunters stay overnight in Deming, each day they hike into different areas in search of their prey. WSA naturalness would be affected by creation of foot paths and their continued use. Solitude in the WSA would also be cumulatively affected by the concentrated use. The limited number of motorized access points funnels hunters into easily accessible areas. Multiple hunting parties, both guided and private, hunting in the same drainage area or in different areas from the same access point would affect their solitude and the solitude of others in WSA.

3.4.2.2. Impacts of Alternative B – No Action Alternative

If the Proposed Action is denied, the activity would still occur under the 2012 Programmatic EA. Because the design features and general stipulations listed in the EA were not incorporated into the Stipulations, use of Leave No Trace principles would not be required and information on WSA use would not be

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collected. Wilderness characteristics of naturalness and outstanding opportunities for solitude could be affected.

3.5. Issue 3: What are the impacts to qualities of wilderness character in designated Wilderness Areas

3.5.1. Affected Environment There are approximately 5.4 million acres of public lands administered by the LCDO in southern New Mexico, including 241,554 acres in 10 Wilderness Areas (Table 5). Wilderness is managed in accordance with BLM Manual 6340 - Management of Designated Wilderness Areas, 43 CFR 6300, and the Wilderness Act of 1964 (Pub. L. 88–577).

Table 5. Wilderness Areas of the Las Cruces District Office

Wilderness County Acres Aden Lava Flow Dona Ana 27,673 Broad Canyon Dona Ana 13,902 Cinder Cone Dona Ana 16,935 East Potrillo Mountains* Dona Ana 12,155 Mount Riley Dona Ana 8,382 Organ Mountains Dona Ana 19,916 Potrillo Mountains Dona Ana/Luna 105,085 Robledo Mountains Dona Ana 16,776 Sierra de las Uvas Dona Ana 11,114 Whitethorn* Dona Ana/Luna 9,616 241,554 * This area was not a Wilderness Study Area

The John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Public Law 116-9 (3/12/2019)) designated ten Wilderness Areas in the Organ Mountains-Desert Peaks National Monument in the LCDO. Eight new Wilderness Areas were previously managed as WSAs. Wilderness characteristics for the eight areas are described in detail in Volumes 3 and 4 of the 1988 New Mexico Wilderness Study Report. The qualities of wilderness character of Solitude or Primitive Recreation and Other Features of Value for the eight area are identified in the above report. The qualities of wilderness character of Untrammeled, Natural, and Undeveloped have not yet been defined for the eight areas. All qualities of wilderness character have not yet been defined for the two new Wilderness Areas.

3.5.2. Environmental Impacts 3.5.2.1. Impacts of Alternative A – Proposed Action Based on the trip plan analysis (Table 3), no commercial hunting operations have occurred in the WSAs that became Wilderness. Therefore, no commercial filming activities associated with outfitter/guide operations have occurred. Because the species usually associated with guiding/outfitting SRPs are not generally not found in the LCDO Wilderness Areas, there is low potential for commercial hunting and associated commercial filming/still photography to occur within Wilderness.

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Any SRPs issued under this Environmental Analysis (EA) for commercial outfitter and guide operations and commercial filming/still photography in Wilderness would be subject to the design features in Section 2.1.2 and additional mitigation measures in Appendix B. This would minimize the effects of the Proposed Action on Wilderness Areas. The identified qualities of wilderness character, Solitude or Primitive Recreation and Other Features of Value, for eight of the new Wilderness Areas would not be affected based on the projected low use. Effects to the unidentified qualities of wilderness character cannot be determined at the present time.

3.5.2.2. Impacts of Alternative B – No Action Alternative

There would be no impacts to the qualities of wilderness character from the No Action Alternative. Commercial SRPs for outfitters and guide operations, and concurrent commercial photography permits, in Wilderness would not be issued because the 2012 Programmatic EA did not consider or analyze the effects to Wilderness or the qualities of wilderness character. A separate Environmental Assessment for these commercial activities in Wilderness Areas would need to be completed.

CHAPTER 4. LIST OF PREPARERS Jennifer Montoya, Planning/Environmental Coordinator Evelyn Treiman, Outdoor Recreation Planner – Wilderness/Wilderness Study Area Marten Schmitz, Outdoor Recreation Planner Kendrah Penn, Acting Recreation and Cultural Resource Supervisor Mara Weisenberger, Acting Monument Manager Edna Flores, OMDP Outdoor Recreation Planner Anthony Hom, Acting Lands and Minerals Supervisor Colin Dunn, Paleontologist Tom Holcomb, Archaeologist Corey Durr, Hydrologist Gordon Michaud, Soil Scientist Jeseray Barela, Range Management Specialist Dominick Chavez, HAZMAT/Safety Coordinator Leighandra Keeven, Geologist Carty Carson, Park Ranger/Visual Resources Patrick Alexander, Botanist/Special Status Plants Steven Torrez, Wildlife Biologist

CHAPTER 5. REFERENCES 1. Mimbres Resource Management Plan — Las Cruces District Office, Bureau of Land Management (1993).

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2. White Sands Resource Area Resource Management Plan — Las Cruces District Office, Bureau of Land Management (1986).

3. McGregor Range Record of Decision and Resource Management Plan Amendment, USDI, BLM, Las Cruces District Office (2006).

4. Otero County Areas of Critical Environmental Concern Resource Management Plan Amendment, BLM, Las Cruces District, Caballo Resource Area (1997).

5. New Mexico Statewide Wilderness Study, Volumes 3 and 4: Appendices — Wilderness Analysis Reports - New Mexico State Office, Bureau of Land Management (1988.)

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APPENDIX A

WSA Notification Letter and Mailing List

Mr. Kevin Bixby Ms. Storm Sermay Southwest Environmental Center Mesilla Valley Audubon Society 275 North Downtown Mall 3382 Solar Ridge Las Cruces, NM 88001 Las Cruces, NM 88001

George Nickas Center for Biological Diversity Wilderness Watch P.O. Box 710 P.O. Box 9175 Tucson, AZ 85702-0710 Missoula, MT 59807 T&E, Inc. Sierra Club P.O. Box 190 El Paso Regional Group Gila, NM 88038 PO Box 9191 El Paso, TX 79995 Nada Culver, Senior Counsel BLM Action Center WildEarth Guardians The Wilderness Society 516 Alto St. 1660 Wynkoop, Suite 850 Santa Fe, NM 87501 Denver, CO 80202

New Mexico Wilderness Alliance The Wilderness Society 275 N. Downtown Mall Attn. Michael Casaus Las Cruces, NM 88001-1213 317 Commercial St. NE, FL3 Albuquerque, NM 87102-3455 Greg Magee PO Box 162 McKinney Briske Rodeo, NM 88056 NLCS Program Lead New Mexico State Office - BLM National Wildlife Federation 1800 Marquess 11100 Wildlife Center Drive Las Cruces, NM 88012 Reston, VA 20190-5362 Bob Tafanelli Executive Director Board Member NMWA New Mexico Wilderness Alliance 3881 Westview Avenue P.O. Box 25464 Las Cruces, NM 88007 Albuquerque, NM 87125 Sierra Club Mr. Roger Peterson Rio Grande Chapter 1750 Camino Corrales 2215 Lead Ave., SE Santa Fe, NM 87505 Albuquerque, NM 87106

Steve West 1105 Ocotillo Canyon Carlsbad, NM 88220

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APPENDIX B Stipulations

The following set of standard stipulations is automatically included and applies to all permits (some additional stipulations are specific to only certain activities). Failure to comply with these stipulations may result in remedial actions listed on page 9. Per 43 CFR 2932.40, violations of permit terms or stipulations may be subject to fines and imprisonment, in addition to administrative penalties.

APPLICANT NAME:

I. RISKS, HAZARDS AND SAFETY

A. Hazards related to climate, topography and terrain, waters, vegetation and wildlife, and manmade features are found on public lands and present risks which the permittee assumes. The permittee shall be responsible for inspecting sites, trails, roads, rivers and other authorized use areas for dangers and hazardous conditions, ensuring awareness by employees and clients of such risks and hazards and promoting safe practices at all times. B. Adequate first aid and safety equipment shall be provided while performing the permitted activities. C. All guides and employees responsible for clients in the field shall be trained in First Aid and CPR, and hold a valid certification of training from the American Red Cross or its equivalent. D. In case of human death, or wildfire, involving the permitted operation, the County Sheriff shall be notified immediately, and the BLM shall be notified immediately after the Sheriff is notified. E. The permittee shall notify the BLM of any accidents involving the permitted operation which result in loss of consciousness, injury disabling individuals in excess of 24 hours, requiring medical treatment or search and rescue, and/or property damage in excess of $100, and shall submit a detailed written report to the BLM within 10 days from the date of the accident. Other accidents shall be reported in the Post Use Report.

II. INDEMNIFICATION

A. The permittee shall indemnify, defend, and hold harmless the United States and/or its agencies and representatives from any and all demands, claims, or liabilities of every nature whatsoever, including, but not limited to damages to property, injuries to or death of persons, arising directly or indirectly from, or in any way connected with the authorized use and occupancy of the lands authorized for use under this permit. B. Insurance: Coverage shall be obtained for the permitted operations in the minimum liability coverage amounts of: 1. Damage to property in the amount of $30,000 (may be included in annual aggregate). 2. Damage per occurrence (property, bodily injury, or death) in the amount of $500,000 (minimum). 3. A minimum annual aggregate limit of $1,000,000. The coverage must extend to property damage, bodily injury, or death arising out of the permittee’s operation under the permit, including, but not limited to, the occupancy or use of the public lands and related waters, structures, facilities, or equipment authorized under the permit.

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$ C. An insurance certificate shall be submitted, stating the limits of coverage, identifying the “United States Government” as additional insured, and that the insurer will give BLM thirty (30) days’ notice prior to cancellation or modification of such insurance. The certificate will also list the permitted activities that the policy covers.

III. APPLICABLE LAWS, POLICIES, AND REGULATIONS

A. This Permit is subject to all applicable provisions of the regulations (43 CFR Group 2930 and 8300) which are made a part hereof. B. The permittee shall observe all applicable Federal, State, and local laws and regulations while performing any authorized activity, including but not limited to: (1) Operation, use and registration of motor vehicles, OHVs, aircraft, and boats; (2) Hunting and fishing; (3) Use of firearms; (4) Injury to persons or destruction of property; (5) Noise, air and water pollution; (6) Littering; (7) Drinking water and sanitation; (8) Food service; (9) Use of fire; and (10) Business practices. C. Permits involving the taking of game, including fish, shall be valid only when accompanied by a valid State of New Mexico Guide/Outfitter Registration Card. D. All hunters shall comply with the New Mexico Department of Game and Fish hunter safety requirements. E. Permittee shall comply with restrictions while operating in a Wilderness as prescribed in 43 CFR 6300. Permittee shall also comply with WSA restrictions as described in BLM Manual 6330 - Management of Wilderness Study Areas. Maps and information on the Wilderness and WSA boundaries and restrictions are available at the LCDO. F. Permittee shall comply with Off-Highway Vehicle (OHV) designations and restrictions in the area of operation as identified in the applicable Resource Management Plan and prescribed in 43 CFR 8340.

IV. LIMITATIONS

A. This permit authorizes only temporary use in connection with the operations, during the period(s) and in the area(s) identified in the permit and authorized by an Annual Operating Authorization. B. If an existing commercial permittee wishes to sell or otherwise terminate his or her business and desires that permit privileges be transferred to a new owner, the permittee must notify the authorized officer in advance, in writing, and receive advance written approval for the permit transfer from the authorized officer. C. Use of Non-Public lands: This permit does not authorize use of non-BLM land (i.e. private, city, county, state, or other federal land). D. The applicant shall provide upon request the name(s) and address(s) of private landowners whose property is used in connection with the permitted operations and evidence of permission to use such land and any water developments that may exist on said land.

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E. Access to Public Lands: The BLM does not guarantee legal access to public lands unless legal access for the general public is available. Where legal public access is not available, the permittee is responsible for obtaining permission from the landowner(s) to travel through or use private lands. F, Multi-Year Permits: A multi-year permit is not valid unless accompanied by a current Annual Operating Authorization. G. Joint Permit Requirement: This permit authorizes use of public lands in this Field Office; use of public lands in other Field Office or National Forest lands must be approved under a separate or joint permit. Code of Federal Regulation citations for both the BLM and Forest Service are valid and will be enforced for joint permits on associated public lands. H. If a lion outfitter does not own their own dogs, they must furnish copies of all lease or rental arrangements for the dogs that they plan on using.

V. ASSIGNMENT AND SUBLETTING OF PERMIT PRIVELEGES

A. The permittee may not assign permit privileges to a third party. For purposes of this permit, an assignment of permit privileges is indicated if one or more of the following occur: 1. A third party advertisement used to book a trip does not clearly indicate that the trip will be operated by the company holding the permit. 2. A third party provides both passenger transportation to the trip departure point and equipment used on the trip. 3. More than two (2) representatives or employees of the third party act as guides/crew on the trip. Representatives’ employees must constitute less than 50 percent of the guides/crew on trip. 4. A trip is represented to the participants as being conducted by other than the permittee. 5. Equipment or guide clothing carries a name, markings, or logo of the third party involved with the trip (this does not apply to booking agents who are permitted outfitters in the permit area). See B. below for the use of equipment not marked with the permittee name or approved abbreviation. 6. The passengers or guides/crew are not covered by the insurance carried by the permittee. B. Guides and employees must fall under federal and state employment regulations and be listed in the operating plan prior to each operating season (i.e. IRS Form-1099, independent contractor form). C. If you are proposing to employ guides or employees who are licensed and/or permitted outfitters elsewhere that must be disclosed at the time you submit their name and information. D. Written notice must be given to the BLM to use equipment with outfitter markings (company names, logos, etc.) other than those of the permit holder prior to the time of use (hunt, launch, tour, etc.). If the markings are those of an outfitter not permitted to operate in that area, the markings of equipment used must not be visible while on the BLM-administered lands and waters.

VI. NON-EXCLUSIVE USE

A. The permittee, employees, and clients shall not interfere with other valid uses of public land, including but not limited to grazing, mining, unguided hunters, and other recreational uses by the general public or other permitted commercial operations. B. Roads, trails and trailheads, or campsites commonly in public use shall not be blocked or enclosed by the permittee. C. This SRP does not guarantee the permittee’s sole use of public land areas. Nor does it grant the exclusive use of any area. D. Public lands will generally remain available on a first-come, first served basis to other commercial and private recreational users. Nothing herein implies that the first permittee in any area has been granted exclusive use or priority use.

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VII. CONDUCT AND MANNERS

A. The permittee is at all times responsible for the actions of himself, his employees, clients and guests in connection with the authorized operations, and shall not cause a public disturbance or engage in activities which create a hazard or nuisance. B. The permittee shall practice the TREAD LIGHTLY and LEAVE NO TRACE land ethics in Wilderness and WSAs and inform their clients about these practices and ensure that they follow them. Use of TREAD LIGHTLY and LEAVE NO TRACE land ethics is strongly encouraged outside of Wilderness and WSA.

VIII. MODIFICATION OR AMENDMENT

A. The BLM reserves the right to alter the terms, conditions, and stipulations of this permit at any time upon notice for reasons such as changes in law, policy, or administrative procedure, to prevent use conflicts, to protect public safety, or to prevent resource damage. B. The permittee shall request amendment or modification of the permit to provide for changes prior to issuance of annual Operating authorization in use areas or sites, season of use, services provided, fee structure, or any other changes in operations. C. The BLM may restrict use or close sites or areas on public land, or require relocation of use sites or areas to prevent use conflicts, protect public safety, or prevent resource damage.

IX. PAYMENTS

A. Use Fee Payments: Permit fees are due and payable in advance based on estimated use gross receipts. Payments shall be sent to the Field Office by check, money order or cashier’ s check, made payable to the “Bureau of Land Management”. B. Basis for Fee: The annual permit fee shall be three percent (3%) of total client charges or $110.00 annual minimum for commercial permits, or $6.00 per person per day for events whichever is greater. Gross receipts shall be the sum of all payments made by clients for services rendered in connection with the permitted operations, before disbursement to private landowner for use of private land, payment to employees, and any other disbursement. C. Periodic Payments: At the Field Manager’s discretion, when the estimated use fee is greater than one thousand dollars ($1,000), a schedule for periodic payments may be arranged. D. End of Season Payment: The actual use fee shall be determined from the use reports. Payment should accompany the post-use reports and trip logs due 30 days after the last day of use or as specified on SRP. E. Refunds: 1. No refunds of less than ten dollars ($10.00) will be made. 2. Unless requested in writing all overpayments will be credited for use for the following Operating season. F. Late Payments Late payment of fees may result in additional fee penalties, permit probation, suspension, and/or revocation, and interest and administrative handling charges, G. Deductions: Allowable deductions in permit fees shall be agreed upon in advance, and may include costs related to the permitted operations incurred by the permittee for long distance offsite transportation, and off-site lodging, per Handbook H-2930-1. H. Discounts for Non-Public Lands use (For Upland Use Only) must be requested and approved prior to use. No discounts are allowed for river-related permits.

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I. A separate commercial filming/still photography permit fee will assessed, based on the proposed filming/still photography activities. Fees will be collected on per hunt basis.

X. USE REPORTS

A. Trip Plans shall be submitted at least 48 hours before a hunt on a form provided by the BLM, or an approved equivalent. Trip logs shall indicate accurately the dates of use, location, type of use, number of clients, number of staff, vehicles and livestock used, total receipts, and any deductions claimed. Penalty fees may be charged for late Trip Plans. B. Post Use Report shall be submitted as specified (by March 31 of each year) or within 30 days of the last day of use authorized or as specified on permit on a form provided by the BLM, or an approved equivalent. The post use report shall indicate accurately the total number of clients served during the term of the permit, total staff and total use, total receipts and total deductions claimed, discounts for time off public lands, and describe any accidents or injuries occurred, and management problems or concerns. Penalty fees will be charged for late reports. C. Late Use Reports Late submission of use reports may be cause for action against the permittee, including probation, suspension, and/or revocation, and criminal penalties. D. Non-Use use must be requested in writing prior to the issuance of Annual Operating Authorization. Minimum payments still apply. The authorized officer may cancel a permit after two consecutive seasons of unapproved non-use. In certain areas covered by Special Recreation Management Plans, travel management plans, or other site-specific plans, special provisions regarding non-use of permits may apply.

XI. INSPECTION OF RECORDS AND PREMISES

A. The BLM, or duly authorized representative, may examine upon request any of the records, including but not limited to bookings, client registers, financial records, leases or contractual agreements, licenses, or other documents related to the permitted operations, as outlined in 43 CFR 2932.55. B. The BLM and its cooperators, including the USDA Forest Service, New Mexico Department of Game and Fish, and the New Mexico State Parks Division shall at all times have the right to enter the premises located on public land on official business. The permittee shall allow reasonable access to private lands owned or utilized in the permitted operation for purposes related to administration of the permit. C. The permittee and all employees shall post a copy of the Permit, Annual Operating Authorization in plain view at the base of operations and camps, where clients, BLM, and Division of Wildlife officers have the opportunity to read it. All guides and employees must carry a copy of the Permit and Annual Operating Authorization while conducting operations on public lands, and they must be familiar with the Permit terms, conditions, and stipulations that pertain to this permit.

XII. SIGNING AND ADVERTISING

A. Signs or advertising devices on public land require advance approval on the location, design, size, shape or color, and message.

B. All advertising shall be accurate and not misrepresent in any way the services or accommodations provided, or the area authorized for use. Brochures and other advertising materials shall include the following disclosure: All or part of this Operation is conducted on Public Lands under special permit from the U.S. Bureau of Land Management.

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XIII. WILDERNESS AND WILDERNESS STUDY AREAS

A. Leave No Trace: When traveling across or spike camping in wilderness and wilderness study areas, users shall follow the seven Leave No Trace Principles: plan ahead and prepare, travel and camp on durable surfaces, dispose of waste properly, leave what you find, minimize campfire impacts, respect wildlife, and be considerate of other visitors. More details and information about Leave No Trace ethics can be found at: www.lnt.org. B. No base camps will be authorized within a Wilderness or WSA. Construction of structures is prohibited in Wilderness and WSAs. C. A “spike camp” may be set up within a Wilderness or WSA, if conditions or circumstances dictate (e.g., extreme weather conditions, injury, being lost). However, the “footprint” of the campsite will be completely erased upon completion of the activity. Disturbance or damage created by a “spike camp” may result in suspension or revocation of the Special Recreation Permit and/or additional fines based on impairment of wilderness characteristics. D. GPS coordinates (UTM, NAD 1983) of ALL “spike camps”, must be submitted in the post-use report to facilitate inspection. E. The use of fire pans or fire blankets is required in Wilderness and WSAs. F. Precise locational information (GPS points in UTM, NAD 83) will be required for vehicles used in conjunction with any permitted activity. Both routes and parking areas will be documented when accessing Wilderness or WSAs. Information will be submitted on the Post-Use Report. G. Motorized vehicles, motorized equipment (e.g., generators, chainsaws), and mechanized transport (included wheeled game carts) use is prohibited within Wilderness or WSAs. Vehicles and mechanized transport may be used on WSA cherrystem roads. H. Use of pack animals in Wilderness or WSAs will require certified weed free feed or pellet feed and water to be carried in. I. No damage to any vegetation will be authorized within a Wilderness or Wilderness Study Area (WSA). All operations shall be conducted in a manner that prevents damage to or loss of vegetation cover. Cutting, clearing or defacing of standing trees, alive or dead, or clearing and cutting of shrub/groundcover for any reason will not be authorized. J. The use of temporary blinds for hunting, photography, wildlife observation, or similar purposes is permitted for no more than 14 days, provided they are packed or carried in and out and there is no disturbance or destruction of soil, rock, or vegetation. K. Only hand-held cameras will be permitted. No tripods, light, or props, other than the hunter and their weapon, will be allowed. The use of drones will not be allowed in Wilderness or WSAs. Filming locations will be GPSed (UTM, NAD 83) and the information included on the post-use report. L. If a WSA is designated as Wilderness, the commercial filming/still photography permit will be terminated (BLM Manual 6330, p. 1-19, Section 1.6, D.4.b.ii.). M. Permittee is responsible for knowing where Public Land, Wilderness, WSA, and ACEC boundaries are and the restrictions that may apply to permit activities within these boundaries. Maps and information concerning restrictions are available at the local District Office.

XIV. McGREGOR RANGE

A. All access to the Range is coordinated through Range Control, before and after each entry and exit of the Range. Neither Government employees nor the general public will enter the Range until Range Outfitter and Guide Operations June 11, 2019 Environmental Assessment STIPULATIONS-6

Control grants access. All recreation access users must be in possession of a Fort Bliss Training Complex (FBTC) Permit before Range Control will grant access. Public access through the FBTC, without a Range Access Permit, is limited to State Road 506 and County Roads F052, F037, and E001 north of 506, expect when closed by the military during specific training missions. All privately-owned or rented vehicles will require a FBTC Vehicle Access Permit. For more access information, contact the Fort Bliss Security Office: (915) 568-3215.

XV. BASE CAMPSAND SANITATION

A. All campsites and temporary improvements shall be as described in the approved operating plan. B. Camping is prohibited for a period longer than 14 days within any period of consecutive 28 days. The 28-day period begins when a camper initially occupies a specific location on public land. The 14-day limit may be reached either through a number of separate visits or through 14 days of continuous occupation. After the 14th day of occupation, campers must move beyond a 25-mile radius from the previous location. When the camping limit has been reached, use of any public land site within the 25- mile radius shall not occur again until at least 30 days have elapsed from the last day of authorized use. C. No year-round, permanent camps may be established on BLM lands; only temporary facilities are permitted. D. All campsite facilities, including but not limited to, tents, latrines, livestock control facilities, shall be located at least 300 yards from the nearest natural water source (spring, stream, lake, pond or reservoir) or the nearest man-made water source (tank, trough, guzzler, etc.) unless specifically authorized otherwise. All camps shall be located to avoid conflict with public road and trail traffic and to the extent possible shall be located out of sight of major trails. E. All operations shall be conducted in a manner that prevents damage to or loss of vegetation cover. Cutting, clearing or defacing of standing trees, alive or dead, or clearing and cutting of shrub/groundcover for any reason will not be authorized. F. After camps and other temporary facilities are dismantled, insofar as practical, the area shall be left in a natural state. Reseeding with BLM-approved seed mix may be required of any areas disturbed by campsites. G. Self-contained or pit type toilets/privies, with or without tent coverings, shall be used at all campsites on public land. The permittee will be responsible for establishing a latrine for all permitted camps and for final rehab when the camp is removed. Waste from self-contained toilets and gray water must be disposed of at a State-approved sewage disposal facility. When abandoned, toilet pits shall be covered with a minimum of 12 inches of topsoil and back filled to pre-existing grade. While in use, human waste in pits shall be covered with a layer of topsoil after each individual use. H. Camps and other permitted areas shall be regularly cleaned. No trash or litter shall be allowed to accumulate. Combustible trash may be burned when campfires are permitted. All noncombustible trash, including but not limited to tin cans, spent brass, glass bottles, foil, and wire shall be packed out. Trash shall not be buried on public land. I. Dead animals and their remains shall be disposed of at least 300 yards away from natural and man- made water sources, campsites, roads, and trails. J. GPS coordinates (UTM, NAD 1983) of ALL campsites, must be submitted in the post-use report to facilitate inspection. K. Food, water, and/or equipment caches require advance authorization. When authorized, caches shall be neatly stored out of sight of roads and trails. Food caches must be “wildlife proof.”

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L. No camping is allowed in the following ACECs: Cornudas Mountain, the cultural resource area of Alamo Mountain, and Alkali Lakes.

XVI. CAMPFIRES

A. Use of campfires should be kept to a minimum. Using cook stoves or fire stoves is recommended as an alternative to cooking over campfires. B. Where campfires are allowed, use fire pans or existing fire rings only. No new fire rings will be created where existing rings are available. The use of fire pans or fire blankets is strongly recommended on public lands. C. Open fires may be prohibited during periods of extremely high fire hazard by order of the BLM, the applicable county, or the State of New Mexico. D. Campfires shall be completely extinguished when unattended. The permittee is responsible for all fires started by him/herself, employees, or clients, and may be held responsible for fire suppression costs resulting from wildfire caused by his/her operations. E. Permittees are encouraged to bring firewood. Firewood may be cut on public land only for campsite use while on public land, and may not be transported off the public lands without a separate firewood cutting permit. Only dead and down wood shall be used for firewood (43 CFR 4140.1). F. An axe, shovel, and water bucket or extinguisher for fire control shall be available at each campfire. Wildfire caused by the permitted operation shall be reported immediately to the nearest BLM office. G. The permittee is responsible for informing employees, clients, and participants of the current fire danger and required restrictions or precautions that may be in effect. H. No campfires are allowed in the Alkali Lakes ACEC.

XVII. VEHICLE USE

A. All vehicles, including UTVs, will be power or high-pressure washed of all mud, dirt, and plant materials immediately prior to entry onto BLM-administered lands. B. All closed gates must be reclosed after passing through them. C. Parking and use of vehicles and equipment is authorized only on previously disturbed, open surfaces. D. Access, outside of Wilderness and WSAS, shall be only on existing roads. New access roads or cross- country vehicle travel are not permitted.

XVIII. LIVESTOCK USE

A. Authorized pasture use of livestock is temporary and limited to transportation purposes, and will not establish a priority for future use of the range. Rangeland grazing may be restricted and feed may be required to be packed. All supplemental feed used as part of permitted operations must be certified weed free or pellet feed. The permittee shall prevent localized overgrazing and damage to vegetation by permitted livestock. B. Construction of permanent fences or corrals is not permitted. Temporary livestock control structures may be erected with advanced approval, including corrals and hitching racks, provided they are dismantled after the use season. Repeated use of the same encampment during one season will require an inspection by the BLM after the first use, and written permission by the BLM for repeated use.

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C. The permittee may be required to pay additional fees for forage consumed by livestock during the permitted operations. This fee will be at the current rate for grazing use. D. Livestock shall not be tied to trees for other than short term, temporary stops. Hobbles, pickets, high lines, or corrals shall be used to control livestock. If electric fences are used, they will be moved every 3 days to a new area. If picket ropes are used, they will be moved every other day to a new area. If high lines are used, their location must be approved in advance. E. Livestock control structures (temporary corrals, hitching racks, pickets, high lines) must be at least 300 yards from natural water sources and any man-made water source. Whatever method of livestock control is used, it will not result in removal or death of the understory vegetation. F. Goats shall not be used as pack animals in areas populated by desert bighorn sheep.

XIX. COMMERCIAL FILMING/STILL PHOTOGRAPHY

A. Only hand-held cameras will be permitted. Tripods, drones, and props, other than the hunter and their weapon, will not be allowed. B. Vehicles associated with commercial filming/still photography must not be parked within 300 yards of a natural or man-made water source. C. The final filming/still photography product will have written acknowledgment of filming/photography location on public land managed by the BLM, Las Cruces District Office, Las Cruces, New Mexico. D. Commercial filming/still photography fees will be assessed on a per hunt basis.

XX. HERITAGE AND PALEONTOLOGY RESOURCES

A. Any cultural resource (historic or prehistoric site or object) discovered by the permit holder, or any employee, on public or Federal land shall be immediately reported to Authorized Officer (District Manager). The permit holder shall suspend all operations within 100 feet of such discovery. In addition, the area of discovery will be covered, stabilized, or otherwise protected from damage. An evaluation of the discovery will be made by Authorized Officer (District Manager) to determine appropriate actions to prevent the loss of significant cultural or scientific values. B. The permit holder must notify the appropriate Federal or tribal official immediately upon the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony pursuant to 43 CFR 10.4 (b). C. The permit holder shall immediately notify the Authorized Officer (District Manager) of any paleontological resources discovered as a result of permit activities. The permit holder shall suspend all activities in the vicinity of such discovery until notified to proceed by Authorized Officer (District Manager), and shall protect the discovery from damage or looting.

XXI. RESOURCE PROTECTION

A. Aesthetics: Permittee shall protect the scenic and aesthetic values of the public lands used in the operations, and maintain premises on permitted areas to acceptable standards of repair, orderliness, and cleanliness. B. Soils: Permittee shall conduct the permitted Operations in a manner that prevents rutting, or soil erosion.

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C. Protection of Public Property: Signs, equipment, markers, fences, and livestock watering facilities or any other property found on public land shall not be damaged, destroyed, defaced, removed, or disturbed. D. Construction: Construction of permanent facilities or improvements of any kind, including but not limited to roads, trails, or structures, is not approved by this permit. E. Minerals Activities: Permit operations and supporting activities shall not interfere with BLM approved mining, fluid minerals, or materials production activities. The permit holder and all employees, associates, and contractors shall avoid stationing or camping in active mining and mineral production sites. It is the responsibility of the permit holder to identify such sites prior to beginning guide operations (c.f. http://blm.gov/lr2000/).

XXII. PERFORMANCE EVALUATION

A. The BLM shall conduct periodic inspections and performance evaluations of the permittee’s operations and compliance with the terms, conditions, and stipulations of the Permit. B. Violations and Penalties: Any violation of the permit terms, conditions and stipulations may be subject to penalties prescribed in 43 CFR 2932.40, which may include fines up to $1,000 and/or imprisonment up to 12 months. Additionally, any such violation may result in permit revocation, suspension, or probation. Violations may also be cause for the BLM to deny approval of a Special Recreation Permit or Operating Authorization for subsequent years. If a permit is canceled or suspended, permit applications will not be approved for any person connected to or affiliated with the operation under a canceled or suspended permit. Acceptable means that the permittee has generally operated in accordance with the terms and conditions established for the permit Probationary means that the permittee has not operated in full accordance with the terms and conditions of the permit. Corrective action by the holder is mandatory and continued operation at this level of performance is unacceptable. Permittee will only quality for a 1-year permit. If this performance level is received 2 years in a row, the authorized officer may suspend or terminate the permit and/or deny future permit applications. Unacceptable means that the permittee has not operated in accordance with the terms and conditions of the permit and cannot be allowed to continue. This performance level will result in suspension, termination, or revocation of permit privileges as appropriate to the circumstances. C. Permit holders will be notified with a certified letter of any deficiencies in pre-season, permitted activities, or post-use requirements. If the requirement is not met within 15 days after receipt of certified letter, a penalty of $100 will be assessed. After 30 days of the receipt of the letter, the penalty is $200. If at the end of the 30-day period after receipt of certified letter, the deficiency is still not corrected and penalty fee not paid, the permit will be temporarily suspended, in whole or in part without compensation, for any failure to comply with the terms, conditions, and stipulations. Operations on public land shall cease immediately upon suspension. After a permit is suspended, any commercial use of public lands shall be in violation of federal regulations. The BLM may reinstate the permit for use, after corrective action is taken by the permittee and the operation is in compliance with the terms, conditions, and stipulations. Probationary status will follow for one year after the deficiency is corrected. Repeated permit violations may also result in suspension.

XXIII. CERTIFICATION

I have read these terms, conditions, and stipulations and understand that I must abide by them while performing activities in connection with the permitted operations.

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Date:

Signature:

Print Name:

Company Name:

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