[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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