[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12847]


[[Page Unknown]]

[Federal Register: May 26, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

 

Availability of an Environmental Assessment and Receipt of an 
Application for an Amendment to the Permit Allowing Incidental Take of 
the Threatened Desert Tortoise by Clark County and the Cities of Las 
Vegas, North Las Vegas, Henderson, and Boulder City, NV

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that Clark County and the 
cities of Las Vegas, North Las Vegas, Henderson, and Boulder City, 
Nevada (Applicants) have applied to the U.S. Fish and Wildlife Service 
(Service) for an amendment to their existing permit (PRT 756260) 
authorizing incidental take of desert tortoises (Gopherus agassizii) 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (Act). The proposed amendment would extend the term of the 
existing permit one year, to July 31, 1995 and allow disturbance of 
8,000 additional acres within the existing permit area. The number of 
desert tortoises taken would not increase above what is currently 
authorized under the existing permit, which is up to 3,710 tortoises. 
The permit application is accompanied by amendments to the Habitat 
Conservation Plan (HCP) and Implementation Agreement (IA).

    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed amendment to the permit. This notice 
is provided pursuant to section 10(c) of the Act and National 
Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before June 27, 1994.

ADDRESS: Comments regarding the application or adequacy of the EA 
should be addressed to Mr. David Harlow, Field Supervisor, U.S. Fish 
and Wildlife Service, Reno Field Office, 4600 Kietzke Lane, Building C, 
room 125, Reno, Nevada 89502. Please refer to permit no. PRT-756260 
when submitting comment.

FOR FURTHER INFORMATION CONTACT:
Ms. Sheryl Barrett, U.S. Fish and Wildlife Service, Reno Field Office, 
4600 Kietzke Lane, Building C, room 125, Reno, Nevada 89502 (702-784-
5227). Individuals wishing copies of the application or EA for review 
should immediately contact the above individual. Documents will be 
available for public inspection, by appointment, and during normal 
business hours at the Reno Field Office (address given above). 
Documents will also be available for review at the reference desks of 
all public libraries in Clark County, Nevada.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act, and implementing regulations, 
``taking'' of desert tortoises a threatened species, is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take threatened wildlife species if such taking is incidental to, and 
not the purpose of, otherwise lawful activities. Regulations governing 
permits for threatened species are in 50 CFR 17.32.
    The Applicants propose to amend their existing permit, and have 
proposed amendments to the HCP and IA for their permit, which 
authorizes incidental take of desert tortoises in the Las Vegas Valley 
and Boulder City. The existing permit was issued July 24, 1991, and 
authorizes the incidental take of up to 3,710 desert tortoises on 
22,352 acres of desert tortoise habitat, within the specified permit 
area. As of December 1993, 701 desert tortoises have been taken 
pursuant to the existing permit and approximately 15,383 acres of 
tortoise habitat have been developed. By the time the existing permit 
expires, disturbance of all or nearly all of the 22,352 acres of 
habitat authorized by the existing permit is expected to occur, but the 
number of tortoises expected to be taken is well below 3,710. To 
minimize and monitor the incidental take authorized under the existing 
permit, the Applicants have implemented procedures to survey and remove 
tortoises located on development properties; placed these tortoises in 
research, education, and adoption programs; implemented audit 
procedures; and conducted a public information program. To mitigate for 
impacts to the desert tortoise authorized by the existing permit, the 
Applicants have implemented a tortoise habitat conservation program in 
Clark County. As of December 1993, the Applicants have preserved 
approximately 330,000 acres of habitat for the long-term management of 
desert tortoises in the Piute-Eldorado Desert Wildlife Management Area. 
The Applicants will conserve an additional 70,000 acres of desert 
tortoise habitat prior to the expiration date of the existing permit. 
The conserved habitat is located primarily on land administered by the 
Bureau of Land Management and the National Park Service. Management 
actions, including increased law enforcement, above and beyond what is 
legally required of the Federal land managers, are funded by the 
Applicants through a $550-per-acre mitigation fee on development 
projects covered by the existing permit.
    To minimize and mitigate the impacts of the additional 8,000 acres 
of desert tortoise habitat proposed to be developed under the permit 
amendment, the applicants propose to amend the existing HCP by: (1) 
Assessing a $550-per-acre mitigation fee on the additional 8,000 acres 
of habitat disturbance; (2) adding an additional $100,000 to the 
research monies established under the existing permit; (3) adding 
$100,000 to the public education fund established under the existing 
permit; (4) increasing the current $3,125,000 trust fund for income to 
manage and monitor conserved habitat by $1,000,000; and (5) adding 
approximately 140,000 acres of conserved habitat to the tortoise 
management area established under the existing permit.
    The EA considers the environmental consequences of three 
alternatives, including amendment of the permit as proposed, extension 
of the permit with no additional habitat disturbance, and no action.

    (Notice: Availability of an Environmental Assessment and Receipt 
of an Application for a Section 10(a) Permit of the Endangered 
Species Act.)

    Dated: May 17, 1994.
Thomas J. Dwyer,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-12847 Filed 5-25-94; 8:45 am]
BILLING CODE 4310-55-M