[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2527]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife; Notice of Intent To Prepare
an Environmental Impact Statement To Allow Incidental Take of the
Threatened Desert Tortoise (Gopherus agassizii) Under Section
10(a)(1)(B) of the Endangered Species Act and Notice of Public Meetings
AGENCY: Fish and Wildlife Service, Department of the Interior.
ACTION: Notice of public meeting and intent to prepare an Environmental
Impact Statement.
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SUMMARY: The U.S. Fish and Wildlife (Service) intends to prepare an
draft environmental impact statement (DEIS) for incidental take of
desert tortoises pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act). A habitat conservation plan
(HCP) will be prepared by the applicants. The applicants are Clark
County and the cities of Las Vegas, North Las Vegas, Henderson,
Mesquite, and Boulder City, Nevada. The Service is initiating the
scoping process for preparing the DEIS. Major concerns include the
direct, indirect, and cumulative effects that issuance of the proposed
permit would have on the desert tortoise and other fish and wildlife
resources. This notice is being provided as required by the National
Environmental Policy Act of 1969, as amended (NEPA) (40 CFR 1501.7).
DATES: A public meeting on the proposed action will be held in the
Commissioner's Meeting Room, 5th Floor, McCarran International Airport,
Las Vegas, Nevada, at 5 p.m. on February 14, 1994. Written comments on
the scoping process and issues must be received on or before March 7,
1994, to receive consideration by the Service (See ADDRESSES below).
ADDRESSES: Written comments should be addressed to Mr. David L. Harlow,
Field Supervisor, U.S. Fish and Wildlife Service, Nevada Field Office,
4600 Kietzke Lane, Building C-125, Reno, Nevada 80502-5093. The permit
application is available for public inspection, and the comments and
materials received are available on request for public inspection, by
appointment, during normal business hours at the above Reno, Nevada,
address or by contacting Ms. Terry Murphy, Office of the County
Manager, Clark County, 225 Bridger Avenue, 6th Floor, Las Vegas, Nevada
89155 [telephone: (702) 455-3530].
FOR FURTHER INFORMATION CONTACT:Sherry Barrett at the above Reno,
Nevada, address [telephone: (702) 784-5227].
SUPPLEMENTARY INFORMATION:
Background
The Service issued a section 10(a)(1)(B) permit to allow incidental
take of no more than 3,710 desert tortoises from approximately 22,350
acres in the Las Vegas Valley on August 24, 1994. The permit and HCP
are short-term, and will be in effect through July 31, 1994, unless the
permit is reissued under a long-term HCP.
The Service proposes to prepare a DEIS to evaluate the impacts from
issuing a permit under section 10(a)(1)(B) for incidental take of
desert tortoises due to development of the area addressed by the long-
term Clark County Desert Tortoise HCP. The term ``take'' is herein used
as defined in the Act and its implementing regulations as: To harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect a
listed species of fish or wildlife, or attempt to engage in any such
conduct. ``Harm'' is further defined to include significant habitat
modification or degradation that results in death or injury to listed
species by significantly impairing behavioral patterns such as
breeding, feeding, or sheltering (50 CFR 17.3). ``Harass'' is defined
as actions that create the likelihood of injury to listed species to
such an extent as to significantly disrupt normal behavior patterns
which include, but are not limited to, breeding, feeding, or sheltering
(50 CFR 17.3).
Urban development in areas occupied by desert tortoises has created
conflict situations in the Las Vegas Valley. Much of the private land
which would be covered by the long-term HCP cannot be developed due to
the prohibitions of section 9 of the Act. In order for many planned
development projects to proceed in compliance with the Act, a permit
for incidental take must be obtained. The decision by the Service to
issue the incidental take permit is a Federal agency action that must
be considered in an environmental document pursuant to the NEPA. The
Service has determined that an EIS should be prepared because the
proposed action may be a major Federal action and may have potential
effects on the human environment.
Three alternatives may be considered in preparation of the EIS. The
first proposed alternative is the issuance of the proposed incidental
take permit to include all planned development in the area. This
alternative would include a regional HCP that, when implemented, would
provide for the long-term management of desert tortoises and tortoise
habitat found primarily on public lands. Implementation of this
alternative would require an expenditure of funds and resources to
manage large blocks of desert tortoise habitat on public lands. Certain
public lands would be managed under the terms of a regional HCP for
protection and recovery of desert tortoises; other multipurpose land-
use activities would be coordinated around this primary purpose. Within
the area, urban development would be allowed to proceed on private
lands within the guidelines of the issued section 10(a)(1)(B) permit,
HCP, and local ordinances.
The second alternative under consideration would include the
preparation of a multispecies Clark County HCP. Under this alternative,
Clark County would prepare an HCP for all threatened, endangered, and
candidate species in the county. This approach would cover a broader
range of species than the Clark County Desert Tortoise HCP. It must be
to section 10(a)(1)(B) standards.
As required by NEPA, a ``no action'' alternative is being
considered. Under this alternative, an incidental take permit would not
be issued. A long-term regional HCP would not be completed or approved
by the Service and take of desert tortoises would be prohibited after
July 31, 1994, when the short-term HCP expires for covered portions of
the Las Vegas Valley. Development would be restricted to those
activities that would not result in take of desert tortoises. A
separate incidental take permit would be required for each development
project that would impact desert tortoises.
Public Comments Solicited
To insure that the full range of issues related to the proposed
action are identified and addressed, comments and suggestions are
invited from all interested parties. The Service will consider all
comments received by March 7, 1994, in preparation of the EIS.
Authority
The authorities for this action are NEPA (42 U.S.C. 4371 et seq.;
40 CFR part 1500-1508).
Dated: January 28, 1994.
Marvin L. Plenert,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-2527 Filed 2-3-94; 8:45 am]
BILLING CODE 4310-55-M
