[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2527]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

Endangered and Threatened Wildlife; Notice of Intent To Prepare 
an Environmental Impact Statement To Allow Incidental Take of the 
Threatened Desert Tortoise (Gopherus agassizii) Under Section 
10(a)(1)(B) of the Endangered Species Act and Notice of Public Meetings

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of public meeting and intent to prepare an Environmental 
Impact Statement.

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SUMMARY: The U.S. Fish and Wildlife (Service) intends to prepare an 
draft environmental impact statement (DEIS) for incidental take of 
desert tortoises pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). A habitat conservation plan 
(HCP) will be prepared by the applicants. The applicants are Clark 
County and the cities of Las Vegas, North Las Vegas, Henderson, 
Mesquite, and Boulder City, Nevada. The Service is initiating the 
scoping process for preparing the DEIS. Major concerns include the 
direct, indirect, and cumulative effects that issuance of the proposed 
permit would have on the desert tortoise and other fish and wildlife 
resources. This notice is being provided as required by the National 
Environmental Policy Act of 1969, as amended (NEPA) (40 CFR 1501.7).

DATES: A public meeting on the proposed action will be held in the 
Commissioner's Meeting Room, 5th Floor, McCarran International Airport, 
Las Vegas, Nevada, at 5 p.m. on February 14, 1994. Written comments on 
the scoping process and issues must be received on or before March 7, 
1994, to receive consideration by the Service (See ADDRESSES below).

ADDRESSES: Written comments should be addressed to Mr. David L. Harlow, 
Field Supervisor, U.S. Fish and Wildlife Service, Nevada Field Office, 
4600 Kietzke Lane, Building C-125, Reno, Nevada 80502-5093. The permit 
application is available for public inspection, and the comments and 
materials received are available on request for public inspection, by 
appointment, during normal business hours at the above Reno, Nevada, 
address or by contacting Ms. Terry Murphy, Office of the County 
Manager, Clark County, 225 Bridger Avenue, 6th Floor, Las Vegas, Nevada 
89155 [telephone: (702) 455-3530].

FOR FURTHER INFORMATION CONTACT:Sherry Barrett at the above Reno, 
Nevada, address [telephone: (702) 784-5227].

SUPPLEMENTARY INFORMATION:

Background

    The Service issued a section 10(a)(1)(B) permit to allow incidental 
take of no more than 3,710 desert tortoises from approximately 22,350 
acres in the Las Vegas Valley on August 24, 1994. The permit and HCP 
are short-term, and will be in effect through July 31, 1994, unless the 
permit is reissued under a long-term HCP.
    The Service proposes to prepare a DEIS to evaluate the impacts from 
issuing a permit under section 10(a)(1)(B) for incidental take of 
desert tortoises due to development of the area addressed by the long-
term Clark County Desert Tortoise HCP. The term ``take'' is herein used 
as defined in the Act and its implementing regulations as: To harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect a 
listed species of fish or wildlife, or attempt to engage in any such 
conduct. ``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 (50 CFR 17.3). ``Harass'' is defined 
as actions that create the likelihood of injury to listed species to 
such an extent as to significantly disrupt normal behavior patterns 
which include, but are not limited to, breeding, feeding, or sheltering 
(50 CFR 17.3).
    Urban development in areas occupied by desert tortoises has created 
conflict situations in the Las Vegas Valley. Much of the private land 
which would be covered by the long-term HCP cannot be developed due to 
the prohibitions of section 9 of the Act. In order for many planned 
development projects to proceed in compliance with the Act, a permit 
for incidental take must be obtained. The decision by the Service to 
issue the incidental take permit is a Federal agency action that must 
be considered in an environmental document pursuant to the NEPA. The 
Service has determined that an EIS should be prepared because the 
proposed action may be a major Federal action and may have potential 
effects on the human environment.
    Three alternatives may be considered in preparation of the EIS. The 
first proposed alternative is the issuance of the proposed incidental 
take permit to include all planned development in the area. This 
alternative would include a regional HCP that, when implemented, would 
provide for the long-term management of desert tortoises and tortoise 
habitat found primarily on public lands. Implementation of this 
alternative would require an expenditure of funds and resources to 
manage large blocks of desert tortoise habitat on public lands. Certain 
public lands would be managed under the terms of a regional HCP for 
protection and recovery of desert tortoises; other multipurpose land-
use activities would be coordinated around this primary purpose. Within 
the area, urban development would be allowed to proceed on private 
lands within the guidelines of the issued section 10(a)(1)(B) permit, 
HCP, and local ordinances.
    The second alternative under consideration would include the 
preparation of a multispecies Clark County HCP. Under this alternative, 
Clark County would prepare an HCP for all threatened, endangered, and 
candidate species in the county. This approach would cover a broader 
range of species than the Clark County Desert Tortoise HCP. It must be 
to section 10(a)(1)(B) standards.
    As required by NEPA, a ``no action'' alternative is being 
considered. Under this alternative, an incidental take permit would not 
be issued. A long-term regional HCP would not be completed or approved 
by the Service and take of desert tortoises would be prohibited after 
July 31, 1994, when the short-term HCP expires for covered portions of 
the Las Vegas Valley. Development would be restricted to those 
activities that would not result in take of desert tortoises. A 
separate incidental take permit would be required for each development 
project that would impact desert tortoises.

Public Comments Solicited

    To insure that the full range of issues related to the proposed 
action are identified and addressed, comments and suggestions are 
invited from all interested parties. The Service will consider all 
comments received by March 7, 1994, in preparation of the EIS.

Authority

    The authorities for this action are NEPA (42 U.S.C. 4371 et seq.; 
40 CFR part 1500-1508).

    Dated: January 28, 1994.
Marvin L. Plenert,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-2527 Filed 2-3-94; 8:45 am]
BILLING CODE 4310-55-M