[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Notices]
[Pages 37667-37669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18027]



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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Availability of the Record of Decision (ROD) Document on the 
Issuance of an Incidental Take Permit To Allow Incidental Take of the 
Threatened Desert Tortoise by Clark County, Nevada

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that a decision has been made 
to issue an incidental take permit to allow incidental take of the 
threatened desert tortoise (Gopherus agassizii) in Clark County, Nevada 
and that the Record of Decision is available.

FOR FURTHER INFORMATION CONTACT: Dolores Savignano, U.S. Fish and 
Wildlife Service, 1500 North Decatur Boulevard, #01, Las Vegas, Nevada 
89108 or Carlos Mendoza, U.S. Fish and Wildlife Service, 4600 Kietzke 
Lane, Building C, Room 125, Reno, Nevada 89502.
    Individuals wishing copies of this ROD should contact the U.S. Fish 
and Wildlife Service (Service) offices listed above. Copies of the ROD 
have been sent to all agencies and individuals who previously received 
copies of the Draft and Final Environmental Impact Statements (EIS) and 
to all others who have already requested copies.

DECISION: The Service's decision is to issue an incidental take permit, 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (Act), for incidental take of desert tortoises to the County 
of Clark, the cities of Las Vegas, North Las Vegas, Henderson, 
Mesquite, and Boulder City, and Nevada Department of Transportation 
resulting in implementation of the Preferred Alternative, the Clark 
County Desert Conservation Plan (CCDCP), as it is described in the 
Final EIS for Issuance of a Permit to Allow Incidental Take of Desert 
Tortoises by Clark County, Nevada. This decision is based on a thorough 
review of the alternatives and their environmental consequences.

RATIONALE FOR DECISION: Implementation of the CCDCP has been selected 
as the Preferred Alternative based on consideration of a number of 
environmental and social factors. These factors include: (1) Proposed 
mitigation in the CCDCP will benefit desert tortoise

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recovery by implementing actions recommended in the Desert Tortoise 
(Mojave Population) Recovery Plan (Recovery Plan); (2) the majority of 
incidental take will occur within the Las Vegas Valley, where a viable 
population of desert tortoises cannot be maintained over the long term; 
and (3) the proposed permit would allow incidental take of desert 
tortoise in areas not proposed for recovery and would provide the 
opportunity for more orderly development within the Las Vegas Valley by 
removing the constraint of having to avoid the patchy distribution of 
desert tortoise habitat.
    Clark County, the cities of Las Vegas, North Las Vegas, Henderson, 
Mesquite, and Boulder City, and the Nevada Department of Transportation 
(NDOT) (Applicants) propose to collect funds through imposition of a 
$550-per-acre fee for disturbance of non-Federal lands throughout Clark 
County and areas disturbed as a result of NDOT activities in desert 
tortoise habitat. Subsequently, the Applicants propose to expend $1.35 
million per year, and up to $1.65 million per year for the first 10 
years, to minimize and mitigate the potential loss of desert tortoise 
habitat. It is anticipated that the majority of these funds will be 
used to implement mitigation measures as described in the CCDCP. In 
addition, funds will be provided to State and Federal resource managers 
for implementing desert tortoise recovery measures recommended in the 
Recovery Plan, and for planning and managing lands both within and 
outside of desert wildlife management areas. The desert tortoise is 
only part of the desert ecosystem, and unless the various species of 
plants and animals which co-inhabit that system are likewise preserved, 
the status of the desert tortoise is likely to decline. Therefore, the 
needs of other plant and wildlife resources will be addressed, possibly 
avoiding 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 of more than 85,000 acres of non-Federal land in 
Clark County that preserves, protects, and assures the management and 
study of the conservation values, and in particular the habitat of 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 
seriously 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 intended to benefit the 
desert tortoise and the desert ecosystem.
    The underlying purpose or goal of the proposed action is to support 
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.

SUPPLEMENTARY INFORMATION:

A. Background

    On April 2, 1990, the Service issued a final rule (55 FR 12178) 
that determined the desert tortoise to be a threatened species under 
the Act. 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 
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 in 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.
    On July 24, 1991, the Service issued a permit under authority of 
section 10(a)(1)(B) of the Act (PRT-756260) to Clark County and the 
cities of Las Vegas, North Las Vegas, Henderson, and Boulder City, for 
the incidental take of 3,710 desert tortoises on up to 22,352 acres of 
habitat within the Las Vegas Valley and Boulder City in Clark County, 
Nevada. The permit application was accompanied by the Short-Term 
Habitat Conservation Plan for the Desert Tortoise in the Las Vegas 
Valley, Clark County, Nevada, and an implementation agreement that 
identified specific measures to minimize and mitigate the effects of 
the action on desert tortoises. The primary purpose of this permit was 
to allow time to complete a long-term plan.
    On August 1, 1994, the Service amended the incidental take permit 
and extended the expiration date by one year (to July 31, 1995). The 
amendment authorized the disturbance of 8,000 additional acres of 
desert tortoise habitat within the existing permit area, but did not 
authorize an increase in the number of desert tortoises allowed to be 
taken under the existing permit. Additional measures to minimize and 
mitigate the effects of the amendment were also identified.
    Upon completion of the CCDCP (long-term plan), the Applicants 
submitted an application to the Service for a permit to incidentally 
take desert tortoises, pursuant to section 10(a)(1)(B) of the 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 non-Federal lands within Clark County, 
Nevada. The permit application was received September 28, 1994, and was 
accompanied by the 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.

B. Key Issues

    Through public scoping and with input from various agencies and 
individuals, key issues were identified. Potential consequences, in 
terms of adverse impacts and benefits associated with the 
implementation of each alternative selected for detailed analysis, were 
described and thoroughly examined in the Draft and Final EIS. The 
Service received 13 letters of comment on the Draft EIS which focused 
on the following subject areas.

--Survey and removal of desert tortoises
--Translocation of tortoises to a sanctuary
--Euthanasia of tortoises
--Measurable criteria for short-term and long-term conservation goals
--Tortoise adoption
--Effects to other species and resources
--Financing to implement the CCDCP

    Appendix A of the Final EIS contains copies of all comments 
received and responses to all comments received. The

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Final EIS was revised, where appropriate, based on public comment and 
review. Issues and potential consequences have remained identical from 
the draft to the final EIS.

C. Alternatives

    Of the eight alternatives considered, two alternatives were 
evaluated in detail. Issuance of the permit with the mitigating, 
minimizing, and monitoring measures outlined in the CCDCP is the 
Service's preferred alternative and is discussed above. The Final EIS 
outlined alternative measures that were considered, but not in detail, 
by the Service. The other alternative selected for detailed evaluation 
was a No Action alternative. The No Action alternative would benefit 
individual desert tortoises on non-Federal 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. 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 possibly concentrate 
activity on individual project needs, not meet the purpose and needs of 
the Applicants, and not provide the long-term benefits to the desert 
tortoise. 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.

    Dated: July 11, 1995.
Thomas Dwyer,
Deputy Regional Director.
[FR Doc. 95-18027 Filed 7-20-95; 8:45 am]
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