[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54922-54923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4781]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Virgin River Habitat Conservation and Recovery Program, Clark 
County, NV

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS) and notice of public meetings.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the 
Fish and Wildlife Service (Service), advises the public that we intend 
to gather information necessary to prepare an Environmental Impact 
Statement (EIS) regarding the proposed Virgin River Habitat 
Conservation and Recovery Program (VRHCRP) and issuance of an 
incidental take permit (Permit) for endangered and threatened species 
in accordance with section 10(a) of the Endangered Species Act of 1973, 
as amended (Act). The intent of the VRHCRP is to provide a recovery 
strategy for five species in the Lower Virgin River Basin. The VRHRCP 
would be used as a tool when conducting future section 7 consultations, 
implementing recovery actions and preparing habitat conservation plans 
for new and existing development.
    We provide this notice to: (1) Describe the proposed action and 
possible alternatives; (2) advise other Federal and State agencies, 
affected tribes, and the public of our intent to prepare an EIS; (3) 
announce the initiation of a 30-day public scoping period; and (4) 
obtain suggestions and information on the scope of issues to be 
included in the EIS.

DATES: Written comments from all interested parties must be received on 
or before October 29, 2007. Public meetings will be held on October 16 
and 17, 2007 from 4 to 6 p.m.

ADDRESSES: The public meetings will be held at the following locations: 
October 16, 2007 from 4 to 6 p.m. at the Federal Interagency Building, 
4701 North Torrey Pines Dr., Las Vegas, NV 89130; and October 17, 2007 
from 4 to 6 p.m. at Mesquite City Hall, 10 East Mesquite Blvd., 
Mesquite, NV 89027.
    Information, written comments, or questions related to the 
preparation of the EIS and NEPA process should be sent to Robert D. 
Williams, Field Supervisor, Nevada Fish and Wildlife Office, Fish and 
Wildlife Service, 4701 North Torrey Pines Dr., Las Vegas, NV 89130; or 
fax (702) 515-5231.

FOR FURTHER INFORMATION CONTACT: Amy LaVoie, Nevada Fish and Wildlife 
Office, Fish and Wildlife Service, 4701 North Torrey Pines Dr., Las 
Vegas, Nevada 89130, or at (702) 515-5230.

SUPPLEMENTARY INFORMATION:

Reasonable Accommodation

    Persons needing reasonable accommodations in order to attend and 
participate in the public meeting should contact Amy LaVoie (See 
ADDRESSES) at (702) 515-5230 as soon as possible. In order to allow 
sufficient time to process requests, please call no later than one week 
before the public meeting. Information regarding this proposed action 
is available in other formats upon request.

Background

    The Service together with the Bureau of Land Management, City of 
Mesquite, Clark County, National Park Service, Nevada Department of 
Wildlife, Southern Nevada Water Authority, and Virgin Valley Water 
District propose to develop the VRHCRP. The intent of the VRHCRP is to 
provide a recovery strategy for five species in the Lower Virgin River 
Basin: Virgin River chub (Gila seminuda), woundfin (Plagopterus 
argentissimus), southwestern willow flycatcher (Empidonax traillii 
extimus), Yuma clapper rail (Rallus longirostris yumanensis), and 
yellow-billed cuckoo (Coccyzus americanus). Species may be added or 
deleted during the course of the development of the VRHCRP based on 
further analysis, new information, agency consultation, and public 
comment. The VRHRCP would be used by the participating agencies as a 
tool when conducting future section 7 consultations, implementing 
recovery actions and preparing habitat conservation plans.
    The area to be addressed within the proposed VRHCRP would be all 
lands within the the 100-year floodplain of the Virgin River and its 
tributaries (including ephemeral washes) from the Mesquite Diversion 
(located approximately 2 miles upstream of the Nevada/Arizona border) 
to the confluence of Lake Mead, as defined by a line from the southern 
end of Lower Mormon Mesa, through Fish Island, to Little Bitter Wash. 
In addition, some recovery actions may be expanded to include all land 
within the 100-year floodplain of the Virgin River and its tributaries 
from the Mesquite Diversion upstream to the base of the Virgin River 
Gorge in Arizona or to the location of the future non-native fish 
barrier to be established by the Virgin River Resource Management and 
Recovery Program (Utah program).
    The VRHCRP would contain a habitat conservation plan (HCP) for the 
City of Mesquite and Clark County (Permit Applicants). The HCP would 
result in take authorization for otherwise lawful actions, such as 
municipal and private development that may incidentally take or harm 
animal species or their habitats within the HCP area. Conservation 
measures to offset the effects on the covered species from proposed 
development activities would be developed and implemented. The 
applicants propose to expand the city limits of Mesquite and 
unincorporated Clark County in and near the township or area of 
Bunkerville and Riverside, and implement conservation measures for the 
resulting development activities,

[[Page 54923]]

along with existing activities currently undertaken by the Permit 
Applicants with the potential to affect federally listed species. These 
activities may include new and existing development activities in 
upland and riparian areas; ongoing water supply and flood control 
activities; ongoing agricultural and livestock practices; and the 
ongoing management of trails, parks, and open spaces. The Permit 
Applicants intend to request a Permit for incidental take of federally 
listed threatened or endangered species, as well as other species 
identified in the VRHCRP.
    Section 9 of the Act and Federal regulations prohibit the ``take'' 
of wildlife species listed as endangered or threatened (16 U.S.C. 
1538). The Act defines the term ``take'' as: To harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture or collect listed species, or 
to attempt to engage in such conduct (16 U.S.C. 1532). Harm includes 
significant habitat modification or degradation that actually kills or 
injures listed wildlife by significantly impairing essential behavioral 
patterns, including breeding feeding, and sheltering [50 CFR 17.3(c)]. 
Pursuant to section 10(a)(1)(B) of the Act, we may issue permits to 
authorize ``incidental take'' of listed species. ``Incidental take'' is 
defined by the Act as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Regulations governing 
permits for threatened species and endangered species, respectively, 
are at 50 CFR 17.32 and 50 CFR 17.22.

Environmental Impact Statement

    The EIS will consider the proposed action, no action, and a 
reasonable range of alternatives. A detailed description of the 
proposed action and alternatives will be included in the EIS. 
Alternatives considered for analysis in an EIS may include variations 
in the scope of proposed activities; variations in the location, 
amount, and types of conservation measures and/or recovery actions; 
variations in activity duration; or a combination of these elements. In 
addition, the EIS will identify potentially significant direct, 
indirect, and cumulative impacts on biological resources, land use, air 
quality, water quality, water resources, socioeconomic conditions, and 
other environmental issues that could occur with implementation of the 
proposed action or other alternatives. For all potentially significant 
impacts, the EIS identifies avoidance, minimization, and mitigation 
measures to reduce these impacts, where feasible, to a level below 
significance.
    Environmental review of the EIS will be conducted in accordance 
with the requirements of NEPA (42 U.S.C. 4321 et seq.), its 
implementing regulations (40 CFR parts 1500-1508), other applicable 
regulations, and Service procedures for compliance with those 
regulations. This notice is being furnished in accordance with 40 CFR 
Section 1501.7 and 1508.22 to obtain suggestions and information from 
other agencies and the public on the scope of issues and alternatives 
to be addressed in the EIS. The primary purpose of the scoping process 
is to identify important issues raised by the public related to the 
proposed action. Written comments from interested parties are invited 
to ensure that the full range of issues related to the permit 
application is identified. Comments will only be accepted in written 
form. You may submit written comments by mail, facsimile transmission, 
or in person (see ADDRESSES). All comments received, including names 
and addresses, will become part of the official administrative record 
and may be made available to the public.
    Our practice is to make comments, including names, home addresses, 
home phone numbers, and e-mail addresses of respondents, available for 
public review. Individual respondents may request that we withhold 
their names and/or homes addresses, etc., but if you wish us to 
consider withholding this information you must state this prominently 
at the beginning of your comments. In addition, you must present a 
rationale for withholding this information. This rationale must 
demonstrate that disclosure would constitute a clearly unwarranted 
invasion of privacy. Unsupported assertions will not meet this burden. 
In the absence of exceptional, documentable circumstances, this 
information will be released. We will always make submissions from 
organization or businesses, and from individuals identifying themselves 
as representatives of or officials of organizations or businesses, 
available for public inspection in their entirety.

    Dated: September 21, 2007.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento, 
California.
[FR Doc. 07-4781 Filed 9-26-07; 8:45 am]
BILLING CODE 4310-55-M