Amendment of the Clark County Multiple Species Habitat Conservation Plan and Issuance of an Amended Incidental Take Permit, Clark County, NV, 50239-50241 [E9-23556]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
Dated: July 13, 2009.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E9–23559 Filed 9–29–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2009–N141; 80221–1112–
0000–F2]
Amendment of the Clark County
Multiple Species Habitat Conservation
Plan and Issuance of an Amended
Incidental Take Permit, Clark County,
NV
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare an
Environmental Impact Statement (EIS);
and notice of public scoping meetings.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are advising
the public that we intend to gather
information necessary to prepare an EIS,
under the National Environmental
Policy Act (NEPA), on the proposed
amendment of the Clark County
Multiple Species Habitat Conservation
Plan (MSHCP) and Incidental Take
Permit (ITP). The proposed amendment
is being prepared under section
10(a)(1)(B) of the Endangered Species
Act of 1973, as amended. The
Permittees are proposing to increase the
amount of species habitat disturbance
that is authorized under the existing
MSHCP and ITP, expand the
conservation program to minimize and
mitigate for the increased disturbance,
reduce the number of covered species,
and revise the permit term of the
MSHCP Amendment to 50 years. We
provide this notice to obtain
suggestions, comments, and useful
information from other agencies and the
public on the scope of the document,
including the significant issues
deserving of study, the range of
alternatives, and the range of impacts to
be considered.
DATES: Written comments must be
received on or before October 30, 2009.
Four public scoping meetings will be
held on:
1. Monday, October 19, 2009, from 6
p.m. to 8 p.m., Las Vegas, NV.
2. Wednesday, October 21, 2009, from
6 p.m. to 8 p.m., Searchlight, NV.
3. Thursday, October 22, 2009, from 6
p.m. to 8 p.m., Henderson, NV.
4. Monday, October 26, 2009, from 6
p.m. to 8 p.m., Overton, NV.
ADDRESSES: Public meetings will be
held at the following locations:
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1. Monday, October 19, 2009, at the
Clark County Library, Jewel Box
Theater, 1401 East Flamingo Road, Las
Vegas, NV 89119.
2. Wednesday, October 21, 2009, at
the Searchlight Community Center, 200
Michael Wendell Way, Searchlight, NV
89046.
3. Thursday, October 22, 2009, at the
PBS&J, 2270 Corporate Circle,
Henderson, NV 89074.
4. Monday, October 26, 2009, at the
Moapa Valley Community Center, 320
North Moapa Valley Boulevard,
Overton, NV 89040.
Information, written comments, or
questions related to the preparation of
the EIS and the NEPA process should be
submitted to Robert D. Williams,
Nevada Fish and Wildlife Office, 4701
North Torrey Pines Drive, Las Vegas, NV
89130, facsimile: 702–515–5231.
FOR FURTHER INFORMATION CONTACT: Jeri
Krueger, Habitat Conservation Planning
Coordinator, Nevada Fish and Wildlife
Office, 4701 North Torrey Pines Drive,
Las Vegas, NV 89130; telephone: 702–
515–5230.
SUPPLEMENTARY INFORMATION: This
notice advises the public that the
Service intends to gather information
necessary to determine the scope of
issues and impacts, and to formulate
alternatives for the EIS related to the
issuance of an amended ITP to Clark
County, Nevada; the cities of Boulder
City, Henderson, Las Vegas, Mesquite,
and North Las Vegas, Nevada (Cities);
and the Nevada Department of
Transportation (NDOT).
Background
Section 9 of the Endangered Species
Act, as amended (Act; 16 U.S.C. 1531 et
seq.) and Federal regulations prohibit
the ‘‘take’’ of a fish or wildlife species
listed as endangered or threatened.
Under the Act, the following activities
are defined as take: To harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture or collect listed wildlife species,
or attempt to engage in such conduct (16
U.S.C. 1532). However, under section
10(a)(1)(B) of the Act, we may issue
permits to authorize ‘‘incidental take’’ of
listed wildlife 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 endangered and threatened species
are at 50 CFR 17.22 and 50 CFR 17.32,
respectively.
Clark County, the Cities, and NDOT
currently hold a permit for incidental
take of 78 covered species (Permit #
TE034927–0), including the Federally
threatened desert tortoise (Gopherus
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50239
agassizii) and the Federally endangered
southwestern willow flycatcher
(Empidonax traillii extimus), by the
development of up to 145,000 acres in
Clark County, Nevada. The Notice of
Availability (65 FR 57366) for the Final
HCP and EIS was published on
September 22, 2000. The permit was
effective as of February 1, 2001, and
expires on January 31, 2031. Activities
included in the MSHCP for the
permitted projects include, but are not
limited to, residential and commercial
development, utility and transportation
facilities and other capital
improvements and operations activities,
flood control, development of urban
parks and recreation facilities.
Multiple Species Habitat Conservation
Plan Amendment
Clark County, the Cities, and NDOT
intend to request a permit amendment
for the incidental take of covered
species on up to 215,000 additional
acres in Clark County, Nevada.
Activities proposed to be covered by the
MSHCP amendment are not likely to
change from the existing MSHCP, and
may include, but are not limited to,
residential and commercial
development, utility and transportation
facilities and other capital
improvements and operations activities,
flood control, and development of urban
parks and recreation facilities.
Section 10(a)(1)(B) of the Act provides
for permitting non-Federal entities to
incidentally take threatened and
endangered species when the entity
submits a conservation plan that
specifies:
(i) The impact which will likely result
from such taking;
(ii) What steps the applicant will take
to minimize and mitigate such impacts,
and the funding that will be available to
implement such steps;
(iii) What alternative actions to such
taking the applicant considered and the
reasons why such alternatives are being
utilized; and
(iv) Such other measures the Service
may require as being necessary or
appropriate for purposes of the plan.
If the Service finds, after opportunity
for public comment, with respect to a
permit application and the related
conservation plan that:
(i) The taking will be incidental;
(ii) The applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such taking;
(iii) The applicant will ensure that
adequate funding for the plan will be
provided;
(iv) The taking will not appreciably
reduce the likelihood of survival and
recovery of the species in the wild; and
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
(v) The measures, if any, required
under subparagraph (A)(iv) will be met;
and the Service has received such other
assurance as the Service may require
that the plan will be implemented, the
Service shall issue the permit. The
permit shall contain such terms and
conditions as the Service deems
necessary or appropriate to carry out the
purposes of this paragraph, including,
but not limited to, such reporting
requirements as the Service deems
necessary for determining whether such
terms and conditions are being
complied with.
The need for this action is based on
the potential that activities proposed by
Clark County, the Cities, and NDOT on
lands under their respective
jurisdictions could result in take of
covered species, thus requiring an ITP.
The proposed permit would allow
authorized incidental take that is
consistent with the conservation
guidelines in the amended MSHCP.
Clark County, the Cities, and NDOT
propose to develop and implement an
amended MSHCP, as required by
section 10(a)(2)(A) of the Act. The
MSHCP would provide measures to
minimize and mitigate the effects of the
taking on the covered species and their
habitats. The amended MSHCP would
provide long-term protection for the
covered species and key natural
communities by maintaining or
improving the habitat conditions and
ecosystem functions necessary for their
survival, and by ensuring that any
incidental take of the covered species
would not appreciably reduce the
likelihood of the survival and recovery
of those species in the wild. The
purpose of the scoping meetings is to
solicit input from the public on the
issues and alternatives that should be
addressed in the EIS. We will brief the
public on the background of the
MSHCP, alternative proposals under
consideration for the draft EIS, and our
role, as well as on 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.
Clark County, the Cities, and NDOT
propose that the following species that
may occur within the proposed
planning area will be included as
covered species: desert tortoise,
southwestern willow flycatcher, Las
Vegas buckwheat (Eriogonum
corymbosum var. nilesii), Yuma clapper
rail (Rallus longirostris yumanensis),
yellow-billed cuckoo (Coccyzus
americanus), and Las Vegas bearpoppy
(Arctomecon californica). Clark County,
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14:56 Sep 29, 2009
Jkt 217001
the Cities, and NDOT propose to reduce
the total number of covered species,
under the existing permit, but may also
seek to address and cover additional
rare and/or sensitive species, in
addition to the six species listed above,
that have some likelihood to occur
within the planning area. The existing
incidental take permit is for 78 species
in Clark County, NV. Should any of the
unlisted covered wildlife species
become listed under the Act during the
term of the permit, and the Service finds
the species are adequately conserved by
the amended MSHCP, take
authorization for those species would
become effective upon listing. Species
may be added or deleted from the list
of proposed covered species during the
course of development of the MSHCP,
based on further analysis, new
information, agency consultation, and
public comment. Numerous other listed
and sensitive species for which Clark
County, the Cities, and NDOT do not
seek permit coverage may also benefit
from the conservation measures to be
included in the MSHCP through
protection of similar or overlapping
habitat conditions and ecosystem
functions.
The MSHCP Amendment planning
area includes all of Clark County, which
encompasses about 5 million acres.
Approximately 87 percent of Clark
County is Federally managed, 3 percent
is managed by State and local
governments, and 10 percent is
privately owned.
Environmental Impact Statement
An EIS will be prepared in
compliance with the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) (NEPA). The EIS will
consider the proposed action, the
issuance of a section 10(a)(1)(B) permit
amendment under the Act, No Action
(no permit amendment), and a
reasonable range of alternatives. A
detailed description of the impacts of
the proposed action and each alternative
will be included in the EIS.
The proposed action and alternatives
will be evaluated against the No Action
alternative, which assumes that no
changes or amendments will be made to
the existing MSHCP and the existing
permit will remain in effect. Several
alternatives will be considered and
analyzed, representing varying levels of
conservation and impacts. The
alternatives to be considered for
analysis in the EIS may include:
Variations in the scope of covered
activities; variations in the location,
amount, and type of conservation;
variations in permit duration; or a
combination of these elements. The EIS
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will also identify potentially significant
direct, indirect, and cumulative impacts
on biological resources, land use, air
quality, water quality, water resources,
socioeconomics, and other
environmental issues that could occur
with the implementation of the
proposed actions and alternatives. For
all potentially significant impacts, the
EIS will identify avoidance,
minimization, and mitigation measures
to reduce these impacts, where feasible,
to a level below significance.
Public Comments
The primary purpose of the scoping
process is to identify important issues
and alternatives raised by the public
related to the proposed action. Written
comments from interested parties are
welcome to ensure that the full range of
issues related to the permit request is
identified. Comments will only be
accepted in written form. You may
submit written comments by mail or
facsimile transmission (see ADDRESSES).
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 may 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.
Review of the EIS will be conducted
in accordance with the requirements of
NEPA, Council on Environmental
Quality Regulations (40 CFR 1500–
1508), the Administrative Procedure Act
(5 U.S.C. 500 et seq.), other applicable
regulations, and the Service’s
procedures for compliance with those
regulations. This notice is being
furnished in accordance with 40 CFR
1501.7 to obtain suggestions and
information from other agencies and the
public on the scope of issues and
alternatives to be addressed in the EIS.
Reasonable Accommodation
Persons needing reasonable
accommodations to attend and
participate in public meetings should
contact Jeri Krueger (see FOR FURTHER
INFORMATION CONTACT) as soon as
possible. To allow sufficient time to
process requests, please call no later
than one week before the public
meeting. Information regarding this
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
proposed action is available in
alternative formats upon request.
Alexandra Pitts,
Pacific Southwest Region.
[FR Doc. E9–23556 Filed 9–29–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
National Park Service
Environmental Impact Statements;
Comprehensive Trail Management Plan
for Cuyahoga Valley National Park, OH
National Park Service, Interior.
Notice of Intent To Prepare an
Environmental Impact Statement for
Comprehensive Trail Management Plan
for Cuyahoga Valley National Park, OH.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
ACTION:
SUMMARY: Pursuant to Section 102(2)(C)
of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)), the
National Park Service (NPS) is
announcing its intent to prepare an
environmental impact statement (EIS)
for a comprehensive trail management
plan (TMP) for the Cuyahoga Valley
National Park (Park). The TMP will
evaluate alternatives for long-term
development, management,
sustainability, and accessibility of Park
trails for current and new users as an
integral part of a larger regional trail
system. Two metropolitan park districts
with significant park land holdings and
trail networks—Cleveland Metroparks
(CMP) and Metro Parks, Serving Summit
County (MPSSC)—have agreed to be
cooperators in the preparation of the
TMP/EIS.
DATES: To be most helpful to the
scoping process, comments should be
received within 45 days from the date
this notice is published in the Federal
Register.
ADDRESSES: Information will be
available for public review at Park
headquarters located at 15610 Vaughn
Road, Brecksville, Ohio 44141, phone
(216) 524–1497. The NPS will also make
background information and
information on the time and location of
public meetings available to the public,
formally solicit input on the TMP/EIS,
and conduct public meetings through
the NPS Planning, Environment and
Public Comment (PEPC) Web site at
https://parkplanning.nps.gov/cuva, the
Park’s Web site at https://www.nps.gov/
cuva, and local newspapers.
To facilitate sound analysis of
environmental impacts, the NPS is
gathering information necessary for the
preparation of the TMP/EIS. Suggestions
on environmental issues to be analyzed
and alternatives to consider are being
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Jkt 217001
sought from other Agencies, tribes,
organizations, and the public.
Comments and participation in this
scoping process are invited and
encouraged. Additionally, any input
received from stakeholders or the
general public regarding the
comprehensive TMP prior to the
publication of this notice will be fully
considered during this planning
process.
If you wish to comment on the
scoping materials or on any other issues
associated with the TMP/EIS, you may
submit your comments by any one of
several methods. You may submit your
comments online through the PEPC Web
site provided above. Once on the PEPC
Web site, click on the link titled
‘‘Comprehensive Trail Management
Plan.’’ You may also mail comments to
the NPS at the contact address provided
above.
Before including your address,
telephone number, e-mail address, or
other personal identifying information
in your comments, 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
comments to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. We will make all
submissions from organizations or
businesses, from individuals identifying
themselves as representatives or
officials, or organizations or businesses
available for public inspection in their
entirety.
Interested Agencies and organizations
are also invited to arrange meetings to
provide input directly. Such meetings
can be arranged by contacting the Park
at the address and telephone below.
FOR FURTHER INFORMATION, CONTACT: For
information concerning the scope of the
TMP/EIS and to arrange Agency
meetings, requests should be directed
to: Kevin Skerl, Ecologist, 15610
Vaughn Road, Brecksville, Ohio 44141,
e-mail: kevin_skerl@nps.gov; phone:
330–650–5071, Ext. 4.
SUPPLEMENTARY INFORMATION: The Act of
December 27, 1974 (16 U.S.C. 460ff et.
seq.), established Cuyahoga Valley
National Recreation Area (now
Cuyahoga Valley National Park; Pub. L.
106–291 § 149) to preserve the scenic,
natural, and historic setting of the
Cuyahoga Valley while providing for the
recreational and educational needs of
the visiting public. The Park consists of
approximately 33,000 acres located
between the cities of Cleveland and
Akron in Ohio. The Park is among the
most visited national parks, with 3
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50241
million visitors per year. The primary
recreational resource is the Park’s trail
system. More than 125 miles of trails are
available for use. Hiking, biking, and
horseback riding are common activities.
The trail system includes the historic
Ohio & Erie Canal Towpath Trail that
passes through the entire park and
extends further into the Ohio & Erie
Canal National Heritage Corridor. A
portion of Ohio’s Buckeye Trail also
passes through the Park.
The NPS has, for the most part,
implemented a 1985 trail plan. A new,
updated TMP is needed to reflect
current issues and opportunities,
including the need to: Reexamine trails
proposed in the 1985 plan that have not
yet been built; rehabilitate or replace
trails that have been partially obliterated
by severe flood events; modify trail
alignments; implement new best
management practices; address
numerous calls for connections to
community trail systems; and evaluate
new trail segments and new trail uses.
Only 60 percent of the Park is under
federal protection; over 4,700 acres are
owned and managed by the CMP and
over 3,300 acres are owned and
managed by the MPSSC. Because the
CMP and the MPSSC are public landholding agencies within the boundary of
the Park, close coordination with the
Park on a broad range of cultural and
natural resource management and
visitor services activities has occurred
over the past 30 years, including the
development of the Park’s first trail plan
in 1985.
Dated: September 21, 2009.
David N. Given,
Acting Regional Director, Midwest Region.
[FR Doc. E9–23547 Filed 9–29–09; 8:45 am]
BILLING CODE 4310–MA–P
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Public Meeting
National Park Service, Interior.
Notice of public meeting for the
National Park Service Alaska Region’s
Subsistence Resource Commission
(SRC) program.
AGENCY:
ACTION:
SUMMARY: The Aniakchak National
Monument Subsistence Resource
Commission (ANIA SRC) will meet to
develop and continue work on National
Park Service (NPS) subsistence hunting
program recommendations and other
related subsistence management issues.
This meeting is open to the public and
will have time allocated for public
testimony. The public is welcomed to
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]]>Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50239-50241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23556]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N141; 80221-1112-0000-F2]
Amendment of the Clark County Multiple Species Habitat
Conservation Plan and Issuance of an Amended Incidental Take Permit,
Clark County, NV
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to prepare an Environmental Impact Statement
(EIS); and notice of public scoping meetings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are advising
the public that we intend to gather information necessary to prepare an
EIS, under the National Environmental Policy Act (NEPA), on the
proposed amendment of the Clark County Multiple Species Habitat
Conservation Plan (MSHCP) and Incidental Take Permit (ITP). The
proposed amendment is being prepared under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended. The Permittees are
proposing to increase the amount of species habitat disturbance that is
authorized under the existing MSHCP and ITP, expand the conservation
program to minimize and mitigate for the increased disturbance, reduce
the number of covered species, and revise the permit term of the MSHCP
Amendment to 50 years. We provide this notice to obtain suggestions,
comments, and useful information from other agencies and the public on
the scope of the document, including the significant issues deserving
of study, the range of alternatives, and the range of impacts to be
considered.
DATES: Written comments must be received on or before October 30, 2009.
Four public scoping meetings will be held on:
1. Monday, October 19, 2009, from 6 p.m. to 8 p.m., Las Vegas, NV.
2. Wednesday, October 21, 2009, from 6 p.m. to 8 p.m., Searchlight,
NV.
3. Thursday, October 22, 2009, from 6 p.m. to 8 p.m., Henderson,
NV.
4. Monday, October 26, 2009, from 6 p.m. to 8 p.m., Overton, NV.
ADDRESSES: Public meetings will be held at the following locations:
1. Monday, October 19, 2009, at the Clark County Library, Jewel Box
Theater, 1401 East Flamingo Road, Las Vegas, NV 89119.
2. Wednesday, October 21, 2009, at the Searchlight Community
Center, 200 Michael Wendell Way, Searchlight, NV 89046.
3. Thursday, October 22, 2009, at the PBS&J, 2270 Corporate Circle,
Henderson, NV 89074.
4. Monday, October 26, 2009, at the Moapa Valley Community Center,
320 North Moapa Valley Boulevard, Overton, NV 89040.
Information, written comments, or questions related to the
preparation of the EIS and the NEPA process should be submitted to
Robert D. Williams, Nevada Fish and Wildlife Office, 4701 North Torrey
Pines Drive, Las Vegas, NV 89130, facsimile: 702-515-5231.
FOR FURTHER INFORMATION CONTACT: Jeri Krueger, Habitat Conservation
Planning Coordinator, Nevada Fish and Wildlife Office, 4701 North
Torrey Pines Drive, Las Vegas, NV 89130; telephone: 702-515-5230.
SUPPLEMENTARY INFORMATION: This notice advises the public that the
Service intends to gather information necessary to determine the scope
of issues and impacts, and to formulate alternatives for the EIS
related to the issuance of an amended ITP to Clark County, Nevada; the
cities of Boulder City, Henderson, Las Vegas, Mesquite, and North Las
Vegas, Nevada (Cities); and the Nevada Department of Transportation
(NDOT).
Background
Section 9 of the Endangered Species Act, as amended (Act; 16 U.S.C.
1531 et seq.) and Federal regulations prohibit the ``take'' of a fish
or wildlife species listed as endangered or threatened. Under the Act,
the following activities are defined as take: To harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture or collect listed wildlife
species, or attempt to engage in such conduct (16 U.S.C. 1532).
However, under section 10(a)(1)(B) of the Act, we may issue permits to
authorize ``incidental take'' of listed wildlife 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 endangered and threatened species are at 50 CFR
17.22 and 50 CFR 17.32, respectively.
Clark County, the Cities, and NDOT currently hold a permit for
incidental take of 78 covered species (Permit TE034927-0),
including the Federally threatened desert tortoise (Gopherus agassizii)
and the Federally endangered southwestern willow flycatcher (Empidonax
traillii extimus), by the development of up to 145,000 acres in Clark
County, Nevada. The Notice of Availability (65 FR 57366) for the Final
HCP and EIS was published on September 22, 2000. The permit was
effective as of February 1, 2001, and expires on January 31, 2031.
Activities included in the MSHCP for the permitted projects include,
but are not limited to, residential and commercial development, utility
and transportation facilities and other capital improvements and
operations activities, flood control, development of urban parks and
recreation facilities.
Multiple Species Habitat Conservation Plan Amendment
Clark County, the Cities, and NDOT intend to request a permit
amendment for the incidental take of covered species on up to 215,000
additional acres in Clark County, Nevada. Activities proposed to be
covered by the MSHCP amendment are not likely to change from the
existing MSHCP, and may include, but are not limited to, residential
and commercial development, utility and transportation facilities and
other capital improvements and operations activities, flood control,
and development of urban parks and recreation facilities.
Section 10(a)(1)(B) of the Act provides for permitting non-Federal
entities to incidentally take threatened and endangered species when
the entity submits a conservation plan that specifies:
(i) The impact which will likely result from such taking;
(ii) What steps the applicant will take to minimize and mitigate
such impacts, and the funding that will be available to implement such
steps;
(iii) What alternative actions to such taking the applicant
considered and the reasons why such alternatives are being utilized;
and
(iv) Such other measures the Service may require as being necessary
or appropriate for purposes of the plan.
If the Service finds, after opportunity for public comment, with
respect to a permit application and the related conservation plan that:
(i) The taking will be incidental;
(ii) The applicant will, to the maximum extent practicable,
minimize and mitigate the impacts of such taking;
(iii) The applicant will ensure that adequate funding for the plan
will be provided;
(iv) The taking will not appreciably reduce the likelihood of
survival and recovery of the species in the wild; and
[[Page 50240]]
(v) The measures, if any, required under subparagraph (A)(iv) will
be met; and the Service has received such other assurance as the
Service may require that the plan will be implemented, the Service
shall issue the permit. The permit shall contain such terms and
conditions as the Service deems necessary or appropriate to carry out
the purposes of this paragraph, including, but not limited to, such
reporting requirements as the Service deems necessary for determining
whether such terms and conditions are being complied with.
The need for this action is based on the potential that activities
proposed by Clark County, the Cities, and NDOT on lands under their
respective jurisdictions could result in take of covered species, thus
requiring an ITP. The proposed permit would allow authorized incidental
take that is consistent with the conservation guidelines in the amended
MSHCP.
Clark County, the Cities, and NDOT propose to develop and implement
an amended MSHCP, as required by section 10(a)(2)(A) of the Act. The
MSHCP would provide measures to minimize and mitigate the effects of
the taking on the covered species and their habitats. The amended MSHCP
would provide long-term protection for the covered species and key
natural communities by maintaining or improving the habitat conditions
and ecosystem functions necessary for their survival, and by ensuring
that any incidental take of the covered species would not appreciably
reduce the likelihood of the survival and recovery of those species in
the wild. The purpose of the scoping meetings is to solicit input from
the public on the issues and alternatives that should be addressed in
the EIS. We will brief the public on the background of the MSHCP,
alternative proposals under consideration for the draft EIS, and our
role, as well as on 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.
Clark County, the Cities, and NDOT propose that the following
species that may occur within the proposed planning area will be
included as covered species: desert tortoise, southwestern willow
flycatcher, Las Vegas buckwheat (Eriogonum corymbosum var. nilesii),
Yuma clapper rail (Rallus longirostris yumanensis), yellow-billed
cuckoo (Coccyzus americanus), and Las Vegas bearpoppy (Arctomecon
californica). Clark County, the Cities, and NDOT propose to reduce the
total number of covered species, under the existing permit, but may
also seek to address and cover additional rare and/or sensitive
species, in addition to the six species listed above, that have some
likelihood to occur within the planning area. The existing incidental
take permit is for 78 species in Clark County, NV. Should any of the
unlisted covered wildlife species become listed under the Act during
the term of the permit, and the Service finds the species are
adequately conserved by the amended MSHCP, take authorization for those
species would become effective upon listing. Species may be added or
deleted from the list of proposed covered species during the course of
development of the MSHCP, based on further analysis, new information,
agency consultation, and public comment. Numerous other listed and
sensitive species for which Clark County, the Cities, and NDOT do not
seek permit coverage may also benefit from the conservation measures to
be included in the MSHCP through protection of similar or overlapping
habitat conditions and ecosystem functions.
The MSHCP Amendment planning area includes all of Clark County,
which encompasses about 5 million acres. Approximately 87 percent of
Clark County is Federally managed, 3 percent is managed by State and
local governments, and 10 percent is privately owned.
Environmental Impact Statement
An EIS will be prepared in compliance with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA). The EIS will
consider the proposed action, the issuance of a section 10(a)(1)(B)
permit amendment under the Act, No Action (no permit amendment), and a
reasonable range of alternatives. A detailed description of the impacts
of the proposed action and each alternative will be included in the
EIS.
The proposed action and alternatives will be evaluated against the
No Action alternative, which assumes that no changes or amendments will
be made to the existing MSHCP and the existing permit will remain in
effect. Several alternatives will be considered and analyzed,
representing varying levels of conservation and impacts. The
alternatives to be considered for analysis in the EIS may include:
Variations in the scope of covered activities; variations in the
location, amount, and type of conservation; variations in permit
duration; or a combination of these elements. The EIS will also
identify potentially significant direct, indirect, and cumulative
impacts on biological resources, land use, air quality, water quality,
water resources, socioeconomics, and other environmental issues that
could occur with the implementation of the proposed actions and
alternatives. For all potentially significant impacts, the EIS will
identify avoidance, minimization, and mitigation measures to reduce
these impacts, where feasible, to a level below significance.
Public Comments
The primary purpose of the scoping process is to identify important
issues and alternatives raised by the public related to the proposed
action. Written comments from interested parties are welcome to ensure
that the full range of issues related to the permit request is
identified. Comments will only be accepted in written form. You may
submit written comments by mail or facsimile transmission (see
ADDRESSES). 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 may 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.
Review of the EIS will be conducted in accordance with the
requirements of NEPA, Council on Environmental Quality Regulations (40
CFR 1500-1508), the Administrative Procedure Act (5 U.S.C. 500 et
seq.), other applicable regulations, and the Service's procedures for
compliance with those regulations. This notice is being furnished in
accordance with 40 CFR 1501.7 to obtain suggestions and information
from other agencies and the public on the scope of issues and
alternatives to be addressed in the EIS.
Reasonable Accommodation
Persons needing reasonable accommodations to attend and participate
in public meetings should contact Jeri Krueger (see FOR FURTHER
INFORMATION CONTACT) as soon as possible. To allow sufficient time to
process requests, please call no later than one week before the public
meeting. Information regarding this
[[Page 50241]]
proposed action is available in alternative formats upon request.
Alexandra Pitts,
Pacific Southwest Region.
[FR Doc. E9-23556 Filed 9-29-09; 8:45 am]
BILLING CODE 4310-55-P
