8058 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Notices

Federal action significantly affecting the

quality of the human environment

within the meaning of Section 102(2)(C)

of the National Environmental Policy

Act of 1969, as amended. The Finding

of No Significant Impact is based on

information contained in the EA and

HCP. The final determination will be

made no sooner than 30 days from the

date of this notice. This notice is

provided pursuant to Section 10(c) of

the Act and National Environmental

Policy Act Regulations (40 CFR 1506.6).

DATES: Written comments on the permit

application, EA and HCP should be

received on or before March 13, 1995.

ADDRESSES: Persons wishing to review

the application, HCP, and EA may

obtain a copy by writing the Service’s

Southeast Regional Office, Atlanta,

Georgia. Documents will also be

available for public inspection by

appointment during normal business

hours at the Regional Office, or the

Jacksonville, Florida, Field Office.

Written data or comments concerning

the application, EA, or HCP should be

submitted to the Regional Office. Please

reference permit under PRT–798698 in

such comments.

Regional Permit Coordinator, U.S.

Fish and Wildlife Service, 1875 Century

Boulevard, Suite 210, Atlanta, Georgia

30345, (telephone 404/679–7110, fax

404/679–7280).

Field Supervisor, U.S. Fish and

Wildlife Service, 6620 Southpoint

Drive, South, Suite 310, Jacksonville,

Florida 32216–0912, (telephone 904/

232–2580, fax 904/232–2404).

FOR FURTHER INFORMATION CONTACT:

Dawn Zattau at the Jacksonville,

Florida, Field Office, or Rick G. Gooch

at the Atlanta, Georgia, Regional Office.

SUPPLEMENTARY INFORMATION:

Aphelocoma coerulescens coerulescens

is geographically isolated from other

subspecies of scrub jays found in

Mexico and the Western United States.

The Florida scrub jay is found almost

exclusively in peninsular Florida and is

restricted to scrub habitat. The total

estimated population is between 7,000

and 11,000 individuals. Due to habitat

loss and degradation throughout the

State of Florida, it has been estimated

that the Florida scrub jay population has

been reduced by at least half in the last

100 years. Surveys have indicated that

two families of Florida scrub jays

inhabit the Project site. Construction of

the Project’s infrastructure and

subsequent construction of the

individual homesites will likely result

in death of, or injury to, Aphelocoma

coerulescens coerulescens incidental to

the carrying out of these otherwise

lawful activities. Habitat alteration

associated with property development

will reduce the availability of feeding,

shelter, and nesting habitat.

The EA considers the environmental

consequences of three alternatives. The

no action alternative may result in loss

of habitat for Aphelocoma coerulescens

coerulescens and exposure of the

Applicant under Section 9 of the Act. A

third alternative is the proposed Project

that is designed to reduce the impacts

to Aphelocoma coerulescens

coerulescens by restricting the Project’s

total buildable area. The proposed

action alternative is issuance of the

incidental take permit. This provides for

restrictions of construction activity,

purchase of off-site habitat for the

Florida scrub jay, the establishment of

an endowment fund for the off-site

acquired habitat, and donation of

additional off-site habitat. The HCP

provides a funding mechanism for these

mitigation measures.

Dated: February 3, 1995.

Jerome M. Butler,

Acting Regional Director.

[FR Doc. 95–3354 Filed 2–9–95; 8:45 am]

BILLING CODE 4310–55–P

Endangered and Threatened Species

Permit Application

AGENCY: Forest Service, Interior.

ACTION: Notice of availability.

Availability of a Draft Environmental

Impact Statement and Receipt of an

Application for an Incidental Take

Permit for Desert Tortoises in Clark

County, Nevada.

SUMMARY: This notice advises that Clark

County; the cities of Mesquite, Las

Vegas, North Las Vegas, Henderson, and

Boulder City; and Nevada Department of

Transportation (Applicants) have

applied to the U.S. 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 proposed permit

would authority the incidental take of

the threatened desert tortoise (Gopherus

agassizii). The permit application is

accompanied by a Habitat Conservation

Plan (HCP) entitled the Clark County

Desert Conservation Plan (CCDCP) and

an implementing agreement.

The Service also announces the

availability of a draft Environmental

Impact Statement (EIS) for the

incidental take permit application. This

EIS, the CCDCP, and the implementing

agreement are available for public

review. This notice is provided

pursuant to section 10(c) of the

Endangered Species Act of 1973, as

amended, and National Environmental

Policy Act (NEPA) regulations (40 CFR

1506.6). Comments and suggestions are

requested.

The permitted take would be in

association with various proposed

public and private development

projects. Two alternatives are being

considered. The proposed action would

allow for development to occur on up to

113,900 acres of desert tortoise habitat.

Take would be minimized through a

pick-up and collection service for desert

tortoises encountered in harm’s way,

implementation of a public information

and education program, and specific

measures for Nevada Department of

Transportation to implement during

roadway maintenance and construction.

The Applicants propose to mitigate

impacts to desert tortoise by providing

at least $1 million per year for State and

Federal resource managers to implement

desert tortoise recovery measures

recommended in the Desert Tortoise

(Mojave Population) Recovery Plan),

providing funding to address the needs

of other sensitive plants and animals in

Clark County, and purchasing a

conservation easement for more than

85,000 acres of non-Federal land in

Clark County.

DATES: Written comments are requested

by April 11, 1995.

ADDRESSES: Comments should be

addressed to: Sheryl L. Barrett, U.S. Fish

and Wildlife Service, 4600 Kietzke

Lane, Building C, Room 125, Reno,

Nevada 89502.

FOR FURTHER INFORMATION CONTACT:

Sheryl L. Barrett at the above Reno,

Nevada address, telephone (702) 784–

5227. Individuals wishing copies of the

permit application, HCPURPA,

implementing agreement, and draft EIS

for review should immediately contact

the above individual or Dr. Dolores

Savignano at U.S. Fish and Wildlife

Service, 1500 North Decatur Boulevard,

#01, Las Vegas, Nevada 89108,

telephone (702) 646–3499. 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.

SUPPLEMENTARY INFORMATION: On April

2, 1990, the Service issued a final rule

that determined the desert tortoise to be

a threatened species (55 FR 12178). 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
Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Notices 8059

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 at 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.

Clark County; the cities of Las Vegas,

North Las Vegas, Henderson, Mesquite,

and Boulder City; and Nevada

Department of Transportation (NDOT)

(Applicants) submitted an application to

the Service for a permit to incidentally

take desert tortoises (Gopherus

agassizii), pursuant to section

10(a)(1)(B) of the Endangered Species

Act of 1973, as amended (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 private lands with

Clark County, Nevada. The permit

application was received September 28,

1994, and was accompanied by the

Clark County Desert Conservation Plan

(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.

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

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 to benefit the

desert tortoise and the desert ecosystem.

To mitigate the impacts of take, the

Applicants propose to provide funding

of between $1 million and $1.325

million per year for State and Federal

resource managers to implement desert

tortoise recovery measures

recommended in the Desert Tortoise

(Mojave Population) Recovery Plan and

for the planning and management of

lands both within and outside of desert

wildlife management areas to address

the needs of other plant and wildlife

resources to avoid 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 that preserves,

protects, and assures the management

and study of the conservation values,

and in particular the habitat of the

desert tortoise, of more than 85,000

acres of non-Federal land in Clark

County.

Clerk County or the cities would

approve the issuance of land

development permits for otherwise

lawful public and private project

proponents during the 30-year period in

which the proposed Federal permit

would be in effect. Clark County or the

cities would impose, and NDOT would

pay, a fee of $550 per acre of habitat

disturbance to fund the measures to

minimize and mitigate the impacts of

the proposed action on desert tortoises.

The underlying purpose or goal of the

proposed action is to develop 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.

Two alternatives are under

consideration. Issuance of the permit

with the mitigation, minimization, and

monitoring measures outlined in the

CCDCP is the Service’s preferred action

and is discussed above. The EIS also

outlines alternative measures that may

be considered by the Service in issuing

the permit. The other alternative

selected for detailed evaluation is a No

Action alternative. 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 applicants.

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.

In the development of this draft EIS,

the Service initiated action to ensure

compliance with the purpose and intent

of the National Environmental Policy

Act of 1969, as amended. Scoping

activities were undertaken preparatory

to developing the EIS with a variety of

Federal, State, and local entities. A

Notice of Intent to prepare the EIS was

published February 4, 1994 (59 FR

5439), and a public scoping meeting was

held February 14, 1994.

Key issues addressed in this draft EIS

are identified as the effects that

implementation of the alternatives

would have upon: (1) The desert

tortoise, (2) plant communities of

concern, (3) other species of concern, (4)

land uses, (5) socioeconomics, and (6)

cultural resources.

Eight alternatives were considered

before limiting the alternatives to be

advanced for further study. Alternatives

considered but not advanced for

detailed analysis included: (1) A

multiple-species plan, (2) a statewide

plan, (3) a range-wide plan, (4)

mitigation on non-Federal land, and (5)

continuation of the short-term HCP.

Alternatives advanced for detailed

analysis include: (1) Issuing the permit

with the mitigation, minimization, and

monitoring measures outlined in the

CCDCP or with one or more of the

alternative measures provided and (2) a

No Action Alternative. Alternative 1 is

the Service’s preferred alternative.

The No Action alternative would

benefit individual desert tortoises on

private 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. In addition, the No action

alternative would diffuse existing

regional conservation planning efforts

for the desert tortoise and possibly

concentrate activity on individual

project needs and not meet the purpose

and need of the applicants. The No

Action alternative could also 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: February 1, 1995.

Thomas Dwyer,

Deputy Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 95–3078 Filed 2–9–95; 8:45 am]

BILLING CODE 4310–55–P