[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Pages 36305-36306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16788]



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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Washington County, Utah (Applicant) has applied to the 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 Applicant has been assigned Permit Number PRT-
803842. The proposed permit would authorize the incidental take of the 
threatened desert tortoise (Gopherus agassizii).
    The Service announces that the Applicant's incidental take permit 
application, draft environmental impact statement, and Washington 
County Habitat Conservation Plan are available for public review. 
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. This notice is provided pursuant to 
section 10(c) of the Act, and National Environmental Policy Act 
regulations (40 CFR 1506.6). Comments are requested.

DATES: Written comments on the draft environmental impact statement, 
incidental take permit application, and habitat conservation plan must 
be received on or before August 28, 1995.

ADDRESSES: Requests for any of the above documents and comments or 
materials concerning them should be sent to the Assistant Field 
Supervisor, Fish and Wildlife Service, 145 East 1300 South, Suite 404, 
Salt Lake City, Utah 84115. The documents and comments and materials 
received will be available for public inspection, by appointment, 
during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Robert D. Williams, Assistant Field Supervisor (see ADDRESSES above) 
(telephone 801-524-5001, facsimile 801-524-5021).

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act 
(Act) of 1973, as amended (16 U.S.C. 1531 et seq.), prohibits the 
``taking'' of any threatened or endangered species, including the 
desert tortoise. However, the Fish and Wildlife Service (Service), 
under limited circumstances, may issue permits to take threatened and 
endangered wildlife species if such taking is incidental to, and not 
the purpose of, otherwise lawful activities. Regulations governing 
permits for threatened and endangered species are at 50 CFR 17.22.
    Washington County, Utah (Applicant) submitted an application to the 
Service for a permit to incidentally take desert tortoise, pursuant to 
section 10(a)(1)(B) of the Act, in association with various private 
projects in Washington County. The proposed permit would allow 
incidental take of desert tortoise for a period of 20 years, resulting 
from development of up to 12,298 acres of private lands in the vicinity 
of the Upper Virgin River Desert Tortoise Recovery Unit in Washington 
County. The Upper Virgin River Desert Tortoise Recovery Unit is 
described in the Desert Tortoise Recovery Plan published by the 
Service, and contains desert tortoise habitat ranging from west of the 
town of Ivins on the west to the town of Springdale on the east, but 
does not include the Beaver Dam Slope Desert Wildlife Management Area 
of the Northeastern Mojave Desert Tortoise Recovery Unit. The Beaver 
Dam Slope Desert Wildlife Management Area, located in the extreme 
southwestern corner of the State of Utah, is not addressed in this 
permit application. The permit application was received on June 15, 
1995, and was accompanied by the Washington County Habitat Conservation 
Plan (HCP), which describes the Applicant's proposed measures to 
minimize, monitor, and mitigate the impacts of their proposed take on 
the desert tortoise.
    The Applicant proposes to minimize incidental take through design 
of a desert habitat reserve of the largest size practicable that will 
meet recommendations for the Upper Virgin River Recovery Unit, as 
detailed in the Desert Tortoise Recovery Plan. Other methods to 
minimize incidental take will include fencing, law enforcement, 
education, and translocation research. Fencing is an important 
component of both minimization and mitigation measures, as it will be 
designed to minimize desert tortoise mortality, including human-caused 
injury and death. As mitigation, fencing will also serve to enhance 
habitat within the proposed reserve, allowing habitat preservation and 
rehabilitation.
    Consolidation of desert habitat into a reserve managed for desert 
tortoise and other species, and removal of competing uses will comprise 
the primary mitigation for proposed take. The Applicant proposes 
establishment of a 60,969-acre desert habitat reserve, within the Upper 
Virgin River Desert Tortoise Recovery Unit. The proposed reserve 
extends from the western boundary of the Paiute Indian tribal lands on 
the west to the City of Hurricane on the east. Within this area, uses 
will be carefully controlled and all management actions will place 
desert tortoise and desert tortoise habitat conservation as the highest 
priority. The reserve also will provide habitat for numerous Federal 
candidate and State sensitive species. Outside the reserve, Federal 
activities in desert tortoise habitat will be subject to the Act 
section 7 consultations with the Service. Mitigation for the proposed 
take also will include fencing of plant reserve areas for endangered 
plant species, purchase of cattle grazing permits, and mineral right 
withdrawal within the desert habitat reserve.
    For implementation and monitoring of minimization and mitigation 
actions, the Applicant will collect a county-wide fee of 0.2 percent of 
building construction costs for all new 

[[Page 36306]]
residential, commercial, and industrial construction, along with a 
county-wide fee of $250/acre for platted subdivisions, condominiums, 
townhomes, and planned unit developments. The implementing agreement 
describes the mechanisms of implementation of the measures in the HCP.
    Three alternatives are under consideration in the draft Washington 
County Habitat Conservation Plan Environmental Impact Statement 
(Statement). Issuance of the permit with the mitigation, minimization, 
and monitoring measures outlined in the HCP is the Service's preferred 
action and is discussed above. The Statement also outlines alternative 
measures that may be considered by the Service in issuing the permit. 
The second alternative analyzed is somewhat similar to the first 
alternative, except that a smaller desert habitat reserve is proposed. 
The proposed reserve under this alternative is 44,451 acres, and the 
incidental take area is 15,128 acres. Unlike the preferred alternative, 
and counter to what is recommended in the desert Tortoise Recovery 
Plan, this alternative excludes Zones 1 and 2 (west of Utah Highway 18) 
from the reserve. This alternative was not identified as the preferred 
alternative primarily because the small size of the reserve would not 
allow for the long-term survival of the desert tortoise, and 
accordingly, would preclude the possibility of recovery of the species 
(i.e., removal from the endangered species list). The third alternative 
selected for detailed evaluation is an alternative of no action. 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 
Applicant. Development of private lands in desert tortoise habitat 
would be governed by the Act section 7 (if applicable) and section 9. 
Additionally, the No Action alternative would not provide the benefits 
of long-term recovery efforts for the desert tortoise identified in the 
HCP. Without protection, this population of desert tortoise would 
likely not persist in proximity to these urban areas over the long-term 
without comprehensive, long-term conservation measures.
    In the development of the Statement, the Service initiated action 
to ensure compliance with the purpose and intent of National 
Environmental Policy Act (NEPA). Scoping activities were undertaken 
preparatory to development of the Statement with a variety of Federal , 
State, and local entities. A Notice of Intent to prepare the Statement 
was published on December 2, 1991 (56 FR 61259), five public scoping 
meetings pursuant to NEPA were held in December 1991 in Washington 
County, and an additional public open house and question-and-answer 
session was held in St. George, Utah, on February 22, 1995. The purpose 
of this meeting was to update the public on changes made to the 
previous draft of the HCP.
    Key issues addressed in the Statement include: (1) Impacts to the 
economy of Washington County, (2) Impacts on threatened, endangered, 
and sensitive species, (3) impacts on multiple-use activities in 
reserve areas, (4) impacts on State school trust lands, (5) impacts to 
private landowners, (6) impacts to livestock grazing and other 
agricultural practices, and (7) impacts on Virgin River flows.
    The underlying goal of the proposed action is to develop and 
implement a program designed to ensure the continued existence of the 
species, while resolving potential conflicts that may arise from 
otherwise lawful private projects. The HCP creates an ongoing 
administration for the purposes of minimizing, mitigating, and 
monitoring impacts on the desert tortoise, as well as a framework for 
providing protection for candidate and sensitive species.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.) and the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

    Dated: June 27, 1995.
Terry T. Terrell,
Deputy Regional Director.
[FR Doc. 95-16788 Filed 7-13-95; 8:45 am]
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