[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Pages 8058-8059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3078]



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DEPARTMENT OF THE INTERIOR

Endangered and Threatened Species Permit Application

agency: Forest Service, Interior.

action: Notice of availability.

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    Availability of a Draft Environmental Impact Statement and Receipt 
of an Application for an Incidental Take Permit for Desert Tortoises in 
Clark County, Nevada.

summary: This notice advises that Clark County; the cities of Mesquite, 
Las Vegas, North Las Vegas, Henderson, and Boulder City; and Nevada 
Department of Transportation (Applicants) have applied to the U.S. Fish 
and Wildlife Service (Service) for an incidental take permit pursuant 
to section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended (Act). The proposed permit would authority the incidental take 
of the threatened desert tortoise (Gopherus agassizii). The permit 
application is accompanied by a Habitat Conservation Plan (HCP) 
entitled the Clark County Desert Conservation Plan (CCDCP) and an 
implementing agreement.
    The Service also announces the availability of a draft 
Environmental Impact Statement (EIS) for the incidental take permit 
application. This EIS, the CCDCP, and the implementing agreement are 
available for public review. This notice is provided pursuant to 
section 10(c) of the Endangered Species Act of 1973, as amended, and 
National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6). 
Comments and suggestions are requested.
    The permitted take would be in association with various proposed 
public and private development projects. Two alternatives are being 
considered. The proposed action would allow for development to occur on 
up to 113,900 acres of desert tortoise habitat. Take would be minimized 
through a pick-up and collection service for desert tortoises 
encountered in harm's way, implementation of a public information and 
education program, and specific measures for Nevada Department of 
Transportation to implement during roadway maintenance and 
construction. The Applicants propose to mitigate impacts to desert 
tortoise by providing at least $1 million per year for State and 
Federal resource managers to implement desert tortoise recovery 
measures recommended in the Desert Tortoise (Mojave Population) 
Recovery Plan), providing funding to address the needs of other 
sensitive plants and animals in Clark County, and purchasing a 
conservation easement for more than 85,000 acres of non-Federal land in 
Clark County.

dates: Written comments are requested by April 11, 1995.

addresses: Comments should be addressed to: Sheryl L. Barrett, U.S. 
Fish and Wildlife Service, 4600 Kietzke Lane, Building C, Room 125, 
Reno, Nevada 89502.

FOR FURTHER INFORMATION CONTACT: Sheryl L. Barrett at the above Reno, 
Nevada address, telephone (702) 784-5227. Individuals wishing copies of 
the permit application, HCPURPA, implementing agreement, and draft EIS 
for review should immediately contact the above individual or Dr. 
Dolores Savignano at U.S. Fish and Wildlife Service, 1500 North Decatur 
Boulevard, #01, Las Vegas, Nevada 89108, telephone (702) 646-3499. 
Copies of the above documents have been sent to all agencies and 
individuals who participated in the scoping process and to all others 
who have already requested copies.

supplementary information: On April 2, 1990, the Service issued a final 
rule that determined the desert tortoise to be a threatened species (55 
FR 12178). This regulation became effective on the date of its 
publication in the Federal Register. Because of its listing as a 
threatened species, the desert tortoise is protected by the Act's 
prohibition against ``taking.'' The act defines ``take'' to mean: to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
[[Page 8059]] collect, or to attempt to engage in such conduct. 
``Harm'' is further defined by regulation as any act that kills or 
injures wildlife including significant habitat modification or 
degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3)
    The Service, however, may issue permits to carry out otherwise 
lawful activities involving take of endangered and threatened wildlife 
under certain circumstances. Regulations governing permits are at 50 
CFR 17.22, 17.23, and 17.32. For threatened species, such permits are 
available for scientific purposes, enhancing the propagation or 
survival of the species, economic hardship, zoological exhibition or 
educational purposes, incidental taking, or special purposes consistent 
with the purposes of the Act.
    Clark County; the cities of Las Vegas, North Las Vegas, Henderson, 
Mesquite, and Boulder City; and Nevada Department of Transportation 
(NDOT) (Applicants) submitted an application to the Service for a 
permit to incidentally take desert tortoises (Gopherus agassizii), 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (Act), in association with various proposed public and 
private projects in Clark County, Nevada. The proposed permit would 
allow incidental take of desert tortoises for a period of 30 years, 
resulting from development on up to 113,900 acres of private lands with 
Clark County, Nevada. The permit application was received September 28, 
1994, and was accompanied by the Clark County Desert Conservation Plan 
(CCDCP), which serves as the Applicant's habitat conservation plan and 
details their proposed measures to minimize, monitor, and mitigate the 
impacts of the proposed take on the desert tortoise.
    To minimize the impacts of take, the Applicants propose to provide 
a free pick-up and collection service for desert tortoises encountered 
in harm's way within Clark County. These desert tortoises will be made 
available for beneficial uses such as translocation studies and 
programs, research, education, zoos, museums, or other programs 
approved by the Service and Nevada Division of Wildlife. Sick or 
injured desert tortoises will be humanely euthanized. NDOT will 
incorporate specific measures into its operations to avoid or minimize 
impacts to desert tortoises. Clark County will also implement a public 
information and education program to benefit the desert tortoise and 
the desert ecosystem.
    To mitigate the impacts of take, the Applicants propose to provide 
funding of between $1 million and $1.325 million per year for State and 
Federal resource managers to implement desert tortoise recovery 
measures recommended in the Desert Tortoise (Mojave Population) 
Recovery Plan and for the planning and management of lands both within 
and outside of desert wildlife management areas to address the needs of 
other plant and wildlife resources to avoid the need to list these 
species as threatened or endangered under the Act in the future. The 
Applicants also propose to purchase a conservation easement that 
preserves, protects, and assures the management and study of the 
conservation values, and in particular the habitat of the desert 
tortoise, of more than 85,000 acres of non-Federal land in Clark 
County.
    Clerk County or the cities would approve the issuance of land 
development permits for otherwise lawful public and private project 
proponents during the 30-year period in which the proposed Federal 
permit would be in effect. Clark County or the cities would impose, and 
NDOT would pay, a fee of $550 per acre of habitat disturbance to fund 
the measures to minimize and mitigate the impacts of the proposed 
action on desert tortoises.
    The underlying purpose or goal of the proposed action is to develop 
a program designed to ensure the continued existence of the species, 
while resolving potential conflicts that may arise from otherwise 
lawful private and public improvement projects.
    Two alternatives are under consideration. Issuance of the permit 
with the mitigation, minimization, and monitoring measures outlined in 
the CCDCP is the Service's preferred action and is discussed above. The 
EIS also outlines alternative measures that may be considered by the 
Service in issuing the permit. The other alternative selected for 
detailed evaluation is a No Action alternative. The No Action 
alternative was not identified as the preferred alternative because it 
would diffuse existing regional conservation planning efforts for the 
desert tortoise and possible concentrate activity on individual project 
needs and not meet the purpose and need of the applicants. 
Additionally, the No Action alternative could result in adverse impacts 
to the social environment within Clark County due to constraints on 
land-use activities that would impact the desert tortoise.
    In the development of this draft EIS, the Service initiated action 
to ensure compliance with the purpose and intent of the National 
Environmental Policy Act of 1969, as amended. Scoping activities were 
undertaken preparatory to developing the EIS with a variety of Federal, 
State, and local entities. A Notice of Intent to prepare the EIS was 
published February 4, 1994 (59 FR 5439), and a public scoping meeting 
was held February 14, 1994.
    Key issues addressed in this draft EIS are identified as the 
effects that implementation of the alternatives would have upon: (1) 
The desert tortoise, (2) plant communities of concern, (3) other 
species of concern, (4) land uses, (5) socioeconomics, and (6) cultural 
resources.
    Eight alternatives were considered before limiting the alternatives 
to be advanced for further study. Alternatives considered but not 
advanced for detailed analysis included: (1) A multiple-species plan, 
(2) a statewide plan, (3) a range-wide plan, (4) mitigation on non-
Federal land, and (5) continuation of the short-term HCP. Alternatives 
advanced for detailed analysis include: (1) Issuing the permit with the 
mitigation, minimization, and monitoring measures outlined in the CCDCP 
or with one or more of the alternative measures provided and (2) a No 
Action Alternative. Alternative 1 is the Service's preferred 
alternative.
    The No Action alternative would benefit individual desert tortoises 
on private lands in the short-term, however, it has been determined 
that viable populations of desert tortoises will not persist in the 
urban areas over the long-term. The No Action alternative would, 
therefore, not provide the benefits of the long-term recovery efforts 
for the desert tortoise identified in the CCDCP. In addition, the No 
action alternative would diffuse existing regional conservation 
planning efforts for the desert tortoise and possibly concentrate 
activity on individual project needs and not meet the purpose and need 
of the applicants. The No Action alternative could also result in 
adverse impacts to the social environment within Clark County due to 
constraints on land-use activities that would impact the desert 
tortoise.

    Dated: February 1, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-3078 Filed 2-9-95; 8:45 am]
BILLING CODE 4310-55-P