[Federal Register Volume 72, Number 119 (Thursday, June 21, 2007)]
[Notices]
[Pages 34271-34273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12009]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Habitat Conservation Plan, Town of Marana, AZ

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS); announcement of public scoping meeting; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), advise the 
public that we intend to prepare an EIS to evaluate the impacts of, and 
alternatives to, the proposed issuance of an incidental take permit 
(ITP), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 
1973 (Act), as amended, to the Town of Marana (Applicant), in Pima 
County, Arizona. The Town of Marana intends to apply for an ITP through 
the development and implementation of a Habitat Conservation Plan 
(HCP), as required by the Act. We also announce a public scoping 
meeting and public comment period.

DATES: We must receive written comments on alternatives and issues to 
be addressed in the EIS on August 20, 2007. We will hold public scoping 
meetings on July 9, 2007 from 6 p.m. to 8 p.m. at the Marana Operations 
Center (5100 W. Ina Road, Tucson, Arizona, 85743), July 11, 2007 from 6 
p.m. to 8 p.m. at the Marana Municipal Complex (11555 W. Civic Center 
Dr., Marana, Arizona, 85653), and on July 24, 2007 from 6 p.m. to 8 
p.m. at the Marana Municipal Complex. We will accept written comments 
at these meetings.

ADDRESSES: Written comments should be sent to Mr. Steven L. Spangle, 
Field Supervisor, U.S. Fish and Wildlife Service, 2321 West Royal Palm 
Road, Suite 103, Phoenix, AZ 85021.

[[Page 34272]]

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: For further information on the EIS, 
contact Mr. Scott Richardson, U.S. Fish and Wildlife Service, Tucson 
Suboffice, 201 N. Bonita Ave., Suite 141, Tucson, Arizona 85745, at 
520-670-6150 x 242.
    For further information on the HCP, contact Ms. Jennifer 
Christelman, Town of Marana, 11555 W. Civic Center Dr., Marana, Arizona 
85653 or Ms. Lori Woods, RECON, 525 West Wetmore Road, Suite 111, 
Tucson, Arizona 85705.
    Information regarding the HCP can also be obtained on the Internet 
at http://www.marana.com/hcp.

SUPPLEMENTARY INFORMATION: This notice advises the public that the 
Service intends to gather information necessary to determine the 
impacts and formulate alternatives for the EIS related to the issuance 
of a proposed ITP to the Town of Marana and the development and 
implementation of the HCP, which will provide measures to minimize and 
mitigate the effects of incidental take of federally listed species.
    Section 9 of the Act and its implementing regulations prohibit the 
``taking'' of threatened and endangered species. However, the Service, 
under limited circumstances, may issue permits to take listed wildlife 
species incidental to, and not the purpose of, otherwise lawful 
activities.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4371 et seq.) (NEPA) and 
its implementing regulations (40 CFR 1506.6).
    Background: The Town of Marana in southern Arizona, including its 
recent annexation of 21,500 acres of State Trust lands along the 
Tortolita Fan, contains unique natural resource values within much of 
its undeveloped lands, including ironwood-dominated Arizona Upland and 
xeroriparian plant communities along the bajadas (fans) and slopes of 
the Tortolita Mountains and along portions of the Santa Cruz River 
Corridor.
    The Town of Marana is also one of the fastest growing communities 
in Arizona and recognizes the need to provide a solid economic base and 
desirable quality of life for its citizens. Given the Town of Marana's 
rapid growth rate and desire to develop its economic interests, the 
Town leaders have acknowledged the need to balance economic, 
environmental, and human interests by implementing a community-wide 
conservation planning effort. The overall goals of this conservation 
planning effort are to: identify federal, State Trust, county, and 
private lands that merit inclusion within a scientifically-based 
conservation reserve designed to provide long-term protection for 
multiple species of concern and key natural communities; identify 
appropriate mechanisms to best conserve these lands over the long-term; 
provide for regional economic objectives including the orderly and 
efficient development of certain private and State Trust lands and 
associated public and private infrastructure; contribute to regional 
conservation planning efforts in eastern Pima County; and facilitate 
compliance with the Act's Section 10(a)(1)(B) permit requirements.

Purpose and Need for Action

    The purpose for which this EIS is being prepared is to respond to 
the Town of Marana's application for an ITP for the proposed covered 
species related to activities that have the potential to result in take 
of species listed pursuant to the Act. The Town of Marana's proposed 
HCP will mitigate to the maximum extent practicable the anticipated 
effects of the covered activities, while striving to balance the 
protection and conservation of Marana's unique natural resources with 
on-going economic development and urbanization. The Town of Marana 
recognizes that the quality of life of its citizens is dependent upon 
an integrated environment which balances the needs of listed species 
and their habitats with human needs. The HCP will protect and conserve 
the covered species and their habitats for the continuing benefit of 
the people of the United States and provide a means and take steps to 
conserve the ecosystems depended on by the covered species. The HCP 
will ensure the long-term survival of the covered species through 
protection and management of the species and their habitats and ensure 
compliance with the Act, NEPA, and other applicable laws and 
regulations.
    The need for this action is based on the potential that activities 
proposed by the Town of Marana on lands under their jurisdiction could 
result in take of covered species, thus requiring an ITP. The proposed 
permit would allow approved incidental take that is consistent with the 
conservation guidelines in the Town of Marana's HCP.
    Section 10(a)(1)(B) of the Act contains provisions for issuing ITPs 
to non-federal entities for take of endangered and threatened species, 
provided the following criteria are met: The taking will be incidental; 
the applicant will, to the maximum extent practicable, minimize and 
mitigate the impact of such taking; the applicant will ensure that 
adequate funding for the Plan will be provided; the taking will not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild; and any other measures that the Service may 
require as being necessary or appropriate for the purposes of the HCP. 
The development and implementation of the HCP will ensure that the Town 
of Marana meets the provisions for issuance of the ITP.

Proposed Action

    The proposed action is the issuance of an ITP for listed and 
sensitive species in Pima County, pursuant to section 10(a)(1)(B) of 
the Act. The Town of Marana will develop and implement the HCP, as 
required by section 10(a)(2)(A) of the Act. The HCP will provide 
measures to minimize and mitigate the effects of the taking on listed 
and sensitive species and their habitats. The biological goal of the 
HCP is to provide long-term protection for multiple species of concern 
and key natural communities through maintaining or improving the 
habitat conditions and ecosystem functions necessary for their survival 
and to ensure that any incidental take of listed species will not 
appreciably reduce the likelihood of the survival and recovery of those 
species.
    The purpose of the scoping meetings are to brief the public on the 
background of the HCP, alternative proposals under consideration for 
the draft EIS, and the Service's role, as well as the steps that we 
will take to develop the draft EIS for this conservation planning 
effort. At the scoping meeting, there will be an opportunity for the 
public to ask questions and also to provide written comments.
    Activities proposed for coverage under the proposed ITP include 
lawful activities that would occur consistent with the Town of Marana's 
General Plan and include, but are not limited to, maintenance of Town's 
operations, implementation of capital improvement projects, and 
issuance of land-use related permits, including those for

[[Page 34273]]

residential and commercial development.
    The Town of Marana is expected to apply for an ITP for 13 
vulnerable species that would be protected within the proposed permit 
area. The 13 species include the federally listed lesser long-nosed bat 
(Leptonycteris curasoae yerbabuenae) and the federally listed 
southwestern willow flycatcher (Empidonax traillii extimus). In 
addition, the Town of Marana will seek to address and cover the yellow-
billed cuckoo (Coccyzus americanus spp. Occidentalis), a candidate for 
listing. The Town of Marana is also seeking to address and cover 
additional rare and/or sensitive species that occur within the planning 
area, including the cactus ferruginous pygmy-owl (Glaucidium 
brasilianum cactorum), lowland leopard frog (Rana yavapaiensis), talus 
snails (Sonorella spp.), Tucson shovel-nosed snake (Chionactis 
occipitalis klauberi), ground snake (Sonora semiannulata), Sonoran 
desert tortoise (Gopherus agassizii), Merriam's mouse (Peromyscus 
merriami), Mexican garter snake (Thamnophis eques megalops), burrowing 
owl (Athene cunicularia), and the pale Townsend's big-eared bat 
(Corynorhinus townsendii). Unlisted species included in the list above 
that are considered as if they were listed, and that the Service finds 
are adequately conserved by the HCP, will be automatically permitted 
for incidental take should they be listed as federally threatened or 
endangered species in the future. Numerous other listed and sensitive 
species for which the Town of Marana is not seeking permit coverage 
will also benefit from the conservation measures provided in the HCP 
through protection of similar or overlapping habitat conditions and 
ecosystem functions.
    Alternatives--The proposed action and alternatives that will be 
developed in the EIS will be assessed against the No Action/No Project 
alternative, which assumes that some or all of the current and future 
projects proposed in the Town of Marana would be implemented 
individually (i.e, one at a time), and be in compliance with the Act.
    The No Action/No Project alternative implies that the impacts from 
these potential projects on sensitive species and habitats would be 
evaluated and mitigated on a project-by-project basis, as is currently 
the case. For any activities involving take of listed species due to 
non-Federal projects/actions, individual Section 10(a)(1)(B) permits 
would be required. A coordinated, comprehensive ecosystem-based 
conservation approach for the region would not be developed to more 
efficiently address the conservation of listed species, and unlisted 
candidate and sensitive species would not receive proactive action 
intended to preclude the need to list them in the future. A landscape 
level approach to conservation and mitigation would not occur to help 
Federal and non-Federal agencies work toward recovery of listed 
species. Current independent conservation actions would continue, 
although some of these are not yet funded.
    Other alternatives that may be considered in the EIS include 
issuance of an incidental take permit for some subset of proposed 
covered species and/or covered activities. Voluntary participation in 
the HCP to obtain ITP coverage for certain private development actions 
that have no further discretionary action by Marana is being 
considered. In addition, alternatives may consider varying levels of 
take anticipated and amount, type, and location of mitigation.
    Additional Information: The Service anticipates that the Town of 
Marana will request a permit duration of 25 years. Implementation of 
the HCP will result in the establishment of measures that will provide 
for the conservation of covered species and their habitats in 
perpetuity. Monitoring and adaptive management will be used to 
facilitate the accomplishment of these measures.
    We will conduct an environmental review that analyzes the proposed 
action, as well as a range of reasonable alternatives and the 
associated impacts of each. The EIS will be the basis for the Service's 
evaluation of impacts to the species and the range of alternatives to 
be addressed. The EIS is expected to provide biological descriptions of 
the affected species and habitats and an analysis of the socioeconomic 
effects of the proposed action.
    After the environmental review is complete, we will publish a 
notice of availability and a request for comment on the draft EIS, 
draft HCP, and the Town of Marana's permit application. The draft EIS 
is expected to be completed and available to the public by December 
2008.

C. Todd Jones,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. E7-12009 Filed 6-20-07; 8:45 am]
BILLING CODE 4510-55-P