Final Environmental Impact Statement and Draft Record of Decision for the Final Pima County Multi-Species Habitat Conservation Plan, Pima County, Arizona, 29907-29909 [2016-10948]
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Notices
Proposed Authorization
The Service proposes to issue
BlueCrest an IHA for the nonlethal,
incidental, unintentional take by Level
B harassment of small numbers of
northern sea otters (Enhydra lutris
kenyoni) in the Southcentral Alaska
stock during industry exploration
activities in the lower Cook Inlet of
Alaska, as described in this document
and in their petition. We neither
anticipate nor propose authorization for
take by injury or death. The final IHA
would be effective immediately after the
date of issuance through October 31,
2016.
The final IHA will also incorporate
the mitigation, monitoring, and
reporting requirements described in this
proposal. The applicant will be
expected and required to implement
and fully comply with those
requirements. The IHA will not
authorize the intentional take of
northern sea otters, nor take by injury or
death.
If the nature or level of activity
changes or exceeds that described in
this proposal and in the IHA petition, or
the nature or level of take exceeds that
projected in this proposal, the Service
will reevaluate its findings. The
Secretary may modify, suspend, or
revoke this authorization if the findings
are not accurate or the mitigation,
monitoring, and reporting requirements
described herein are not being met.
Karen P. Clark,
Acting Regional Director, Alaska Region.
[FR Doc. 2016–11426 Filed 5–12–16; 8:45 am]
BILLING CODE 4333–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2016–N020;
FXES11120200000F2–167–FF02ENEH00]
Final Environmental Impact Statement
and Draft Record of Decision for the
Final Pima County Multi-Species
Habitat Conservation Plan, Pima
County, Arizona
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of the final environmental
impact statement (EIS) and related draft
record of decision (ROD) for the Pima
County Multi-Species Conservation Plan
(MSCP). The final EIS was updated to
address the comments received on the
2012 draft EIS and considers the
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SUMMARY:
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environmental effects of issuing an
incidental take permit (ITP) for covered
activities on the covered species. The
ITP will be in effect for a period of 30
years. Pima County has prepared the
final Pima County MSCP to describe
and implement a conservation plan that
will minimize and mitigate
environmental effects associated with
the incidental take of seven animal
species and impacts to two plant species
currently listed under the Endangered
Species Act of 1973, as amended (Act),
as well as impacts to 35 species that
may become listed under the Act. The
incidental take and other impacts would
occur in Pima County and the adjacent
counties of Cochise, Santa Cruz, and
Pinal, Arizona, as a result of specific
actions conducted under the authority
of Pima County (covered activities).
DATES: The Record of Decision will
become effective no sooner than 30 days
after the publication date of this notice
of availability for the final EIS.
ADDRESSES: Obtaining Documents: You
may download copies of the final EIS,
draft ROD, and final MSCP from the
Arizona Ecological Services Office Web
site at https://www.fws.gov/southwest/es/
arizona. Alternatively, you may use one
of the methods below to request a CD–
ROM of the documents. Please send
your requests or comments by any one
of the following methods.
• U.S. Mail: Field Supervisor,
Arizona Ecological Services Office, U.S.
Fish and Wildlife Service, 2321 West
Royal Palm Road, Suite 103, Phoenix,
AZ 85021.
• In-Person Drop Off, Viewing, or
Pickup: Telephone 520–670–6150 x 242
(Scott Richardson) to make an
appointment during regular business
hours (8 a.m. to 4 p.m.) to drop off
comments or view documents at the
Arizona Ecological Services, Tucson
Sub-Office, 201 North Bonita Avenue,
Suite 141, Tucson, AZ 85745.
• Fax: Arizona Ecological Services,
Tucson Sub-Office; Fax Number 520–
670–6155.
FOR FURTHER INFORMATION CONTACT:
Scott Richardson, by U.S. mail at the
Arizona Ecological Services Office,
Tucson Sub-Office, 201 North Bonita
Avenue, Suite 141, Tucson, AZ 85745;
by telephone at 520–670–6150
extension 242; or by email at scott_
richardson@fws.gov.
SUPPLEMENTARY INFORMATION: Under
NEPA, we advise the public of the
following:
1. We have gathered the information
necessary to determine the impacts and
to formulate the alternatives for the final
EIS related to the issuance of an ITP to
Pima County; and
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29907
2. Pima County has developed a final
habitat conservation plan—the Pima
County MSCP—which describes the
measures Pima County has agreed to
implement to minimize and mitigate the
effects of the proposed incidental take of
federally listed species and unlisted
covered species, to the maximum extent
practicable, pursuant to Section
10(a)(1)(B) of the Endangered Species
Act (16 U.S.C. 1531 et seq.; Act).
The 30-year ITP authorizes the
incidental take of 40 animal species.
Among the 40 animal species are 7
species currently listed under the Act:
• Lesser long-nosed bat (Leptonycteris
curasoae yerbabuenae)
• Southwestern willow flycatcher
(Empidonax traillii extimus)
• Yellow-billed cuckoo (Coccyzus
americanus; western distinct population
segment)
• Northern Mexican gartersnake
(Thamnophis eques megalops)
• Chiricahua leopard frog (Lithobates
chiricahuensis)
• Gila topminnow (Poeciliopsis
occidentalis occidentalis)
• Gila chub (Gila intermedia)
The 40 animal species also include 33
species not currently listed under the
Act:
• Mexican long-tongued bat
(Choeronycteris mexicana)
• Western red bat (Lasiurus
blossevillii)
• Western yellow bat (Lasiurus
xanthinus)
• California leaf-nosed bat (Macrotus
californicus)
• Pale Townsend’s big-eared bat
(Corynorhinus townsendii pallescens)
• Merriam’s mouse (Peromyscus
merriami)
• Western Burrowing owl (Athene
cunicularia hypugaea)
• Cactus ferruginous pygmy-owl
(Glaucidium brasilianum cactorum)
• Rufous-winged sparrow (Aimophila
carpalis)
• Swainson’s hawk (Buteo swainsoni)
• Abert’s towhee (Melozone aberti)
• Arizona Bell’s vireo (Vireo bellii
arizonae)
• Sonoran desert tortoise (Gopherus
morafkai)
• Desert box turtle (Terrapene ornata
luteola)
• Tucson shovel-nosed snake
(Chionactis occipitalis klauberi)
• Groundsnake (valley form) (Sonora
semiannulata)
• Giant spotted whiptail
(Aspidoscelis stictogramma)
• Lowland leopard frog (Lithobates
yavapaiensis)
• Longfin dace (Agosia chrysogaster)
• Desert sucker (Catostomus clarki)
• Sonora sucker (Catostomus insignis)
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Notices
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• San Xavier talussnail (Sonorella
eremita)
• Black Mountain/Papago talussnail
(Sonorella ambigua)
• Total Wreck talussnail (Sonorella
imperatrix)
• Empire Mountain talussnail
(Sonorella imperialis)
• Sonoran talussnail (Sonorella
magdalenensis syn. tumamocensis)
• Pungent talussnail (Sonorella
odorata)
• Santa Rita talussnail (Sonorella
walkeri)
• Posta Quemada talussnail
(Sonorella rinconensis)
• Santa Catalina talussnail subspecies
(Sonorella sabinoensis buehmanensis)
• Santa Catalina talussnail subspecies
(Sonorella sabinoensis tucsonica)
• Las Guijas talussnail (Sonorella
sitiens)
• Tortolita talussnail (Sonorella
tortillita)
Although take of listed plant species
is not prohibited under the Act, plant
species may be included in a habitat
conservation plan to formally document
the conservation benefits provided to
them through that process. Pima County
proposes four plant species for coverage
under their MSCP, including two listed
species:
• Huachuca water umbel (Lilaeopsis
schaffneriana ssp. recurva)
• Pima pineapple cactus
(Coryphantha scheeri var. robustispina)
And the two following unlisted
species:
• Needle-spined pineapple cactus
(Echinomastus erectocentrus var.
erectocentrus)
• Tumamoc globeberry (Tumamoca
macdougalii)
The proposed incidental take would
primarily occur within Pima County,
Arizona, although some Pima County
actions may also occur in adjacent
counties as a result of impacts from
actions occurring under the authority of
the applicants. The applicants have
completed a final habitat conservation
plan as part of the application package,
as required by the Act.
The final EIS considers the direct,
indirect, and cumulative effects of the
proposed action of permit issuance,
including the measures that will be
implemented to minimize and mitigate
such impacts.
Background
Over the past 50 years, Pima County,
Arizona, has had one of the fastest
growing human populations of any
county in the United States (an increase
of just under 500 percent), as a result of
a sunny climate, natural beauty, and
economic opportunities. Urban growth
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has resulted in significant development,
which is expected to continue in the
foreseeable future. A significant
proportion of the predicted future
development in unincorporated Pima
County is anticipated to occur in the
undeveloped or underdeveloped areas,
particularly in the eastern portion of the
county.
The presence of threatened and
endangered species in the areas of
potential land development creates
regulatory concerns in Pima County.
Interest in conservation and its potential
related costs is found across many
segments of the community, ranging
from environmental advocates
promoting strengthened protections to
members of the business community,
the development industry, and real
estate profession, all of whom may be
concerned about potential economic
impacts. Landowners and private
property interests are concerned about
how their land-use decisions potentially
can be affected by the presence of
federally listed threatened and
endangered species.
A long-term solution to ensure
compliance with the Act, particularly in
areas such as Pima County where there
is a large number of listed and unlisted
species, is to develop a habitat
conservation plan, such as the MSCP,
under section 10(a)(1)(B) of the Act. The
Pima County MSCP proposes a
combination of long-term and shortterm actions and long-range planning to
protect and enhance some areas of the
natural environment within Pima
County. The Pima County MSCP would
help guide public investments in both
infrastructure and conservation, as well
as establish Pima County’s preferences
for the expenditure of funds to preserve
and reduce the threats posed by
urbanization to species and their
habitats, using tools such as ranch
conservation and open space programs.
Through the MSCP and the ITP, Pima
County commits to a series of measures
that will avoid, minimize, and mitigate
impacts of covered activities on the
covered species.
The objective of the Pima County
MSCP is to achieve a balance between:
• Long-term conservation of the
diversity of natural vegetation
communities and native species of
plants and animals that make up an
important part of the natural heritage
and allure of Pima County; and
• The orderly use of land to promote
a sustainable economy, health, wellbeing, customs, and culture of the
growing population of Pima County.
In addition, the Pima County MSCP
has been designed to:
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• Avoid, minimize, and mitigate for
the impacts of activities that would
result in take of threatened and
endangered species and provide longterm management and monitoring
programs to help ensure program
effectiveness;
• Meet the requirements for the
applicants to receive an ITP— pursuant
to section 10(a)(1)(B) of the Act— that
would allow for the incidental take of
threatened and endangered species
while engaging in otherwise lawful
activities;
• Provide conservation benefits to
species and ecosystems in Pima County
that would not otherwise occur without
the MSCP;
• Maximize flexibility and available
options in developing mitigation and
conservation programs;
• Minimize uncoordinated decision
making, which can result in incremental
habitat loss and inefficient project
review;
• Provide a decision-making
framework that minimizes habitat loss
and maximizes the efficiency of publicsector projects;
• Provide the applicants and their
community stakeholders (participants)
with long-term planning assurances;
• Cover an appropriate range of
activities under the permit;
• Reduce the regulatory burden of
compliance with the Act for the
applicants and all affected participants;
and
• Designate the funding that would be
available to implement the Pima County
MSCP over the entirety of its proposed
term.
The Service prepared the final EIS to
respond to Pima County’s request for an
ITP for the proposed covered species
related to activities that have the
potential to result in incidental take.
The need for this action is based on the
potential for activities proposed by the
applicants on lands under their
jurisdiction to result in incidental take
of covered species, thus requiring an
ITP because section 9 of the Act
prohibits the ‘‘taking’’ of threatened and
endangered species. We are authorized,
however, under limited circumstances,
to issue permits to take federally listed
species, when such a taking is
incidental to, and not the purpose of,
otherwise lawful activities. Regulations
governing permits for endangered and
threatened species are in the Code of
Federal Regulations at 50 CFR 17.22 and
17.32, respectively.
To identify the scope and content of
the draft EIS for the MSCP, the Service
formally initiated the scoping process
on September 7, 2000, with the
publication in the Federal Register (65
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Notices
FR 54295) of the notice of intent to
prepare an EIS. Public involvement
meetings were held in the form of open
house/informational meetings in
October, November, and December of
2000. In addition, a public scoping
meeting was held in October 2003 prior
to the release of an early draft MSCP.
This meeting was preceded by the
publication in the Federal Register (68
FR 53748) of a second notice of intent
to prepare an EIS. Subsequent drafts of
the MSCP were published in 2005, 2006
(two versions), 2008, and 2009 as part
of the extensive process of developing
scientific information and inviting
public review and comment.
A notice of availability and notice of
public meetings for the draft MSCP and
EIS were posted in the Federal Register
on December 7, 2012 (77 FR 73045). We
also posted the notice of availability,
draft MSCP, and draft EIS on the
Arizona Ecological Services Web site
(https://www.fws.gov/southwest/es/
arizona/HCPs.htm). The formal
comment period for the Pima County
Draft MSCP/Draft EIS was from
December 7, 2012, through March 15,
2013. Pima County hosted five public
meetings for the draft MSCP in January
2013. The Service held one public
comment meeting for the EIS on
February 21, 2013, in Tucson, Arizona.
During the public comment period,
including the six public meetings as
described above, 20 letters and written
comments were received. Of the
comments received during the draft
MSCP/draft EIS public comment review
period, the topics of primary concern
were the planning and decision making
process, natural resources management,
social and economic concerns,
cumulative effects, and MSCP-specific
issues. Detailed information concerning
public involvement and a record of
comments received during scoping and
public comment periods, and Service
responses, are provided in Chapter 6 of
the final EIS.
Revisions were made to the draft
MSCP and draft EIS based on public
comments. The Service has afforded
government agencies, tribes, and the
public extensive opportunity to
participate in the preparation of the EIS.
We have requested data, comments, new
information, and suggestions from the
public, other concerned governmental
agencies, the scientific community,
Tribes, industry, or any other interested
party regarding the draft EIS and draft
MSCP. We have considered these
comments in completing the final EIS,
working with Pima County to finalize
the MSCP, and developing the ITP.
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Authority
We provide this notice under Section
10(c) of the Act (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22 and 17.32), and NEPA (42
U.S.C. 4371 et seq.) and its
implementing regulations (40 CFR
1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2016–10948 Filed 5–12–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2016–N083;
FXES11120200000–167–FF02ENEH00]
Receipt of Incidental Take Permit
Applications for Participation in the
Amended Oil and Gas Industry
Conservation Plan for the American
Burying Beetle in Oklahoma
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for public comments.
AGENCY:
Under the Endangered
Species Act, as amended (Act), we, the
U.S. Fish and Wildlife Service, invite
the public to comment on incidental
take permit applications for take of the
federally listed American burying beetle
resulting from activities associated with
the geophysical exploration (seismic)
and construction, maintenance,
operation, repair, and decommissioning
of oil and gas well field infrastructure
within Oklahoma. If approved, the
permits would be issued under the
approved Amended Oil and Gas
Industry Conservation Plan Associated
with Issuance of Endangered Species
Act Section 10(a)(1)(B) Permits for the
American Burying Beetle in Oklahoma
(ICP).
DATES: To ensure consideration, written
comments must be received on or before
June 13, 2016.
ADDRESSES: You may obtain copies of
all documents and submit comments on
the applicant’s ITP application by one of
the following methods. Please refer to
the permit number when requesting
documents or submitting comments.
Æ U.S. Mail: U.S. Fish and Wildlife
Service, Division of Endangered
Species—HCP Permits, P.O. Box 1306,
Room 6034, Albuquerque, NM 87103.
Æ Electronically: fw2_hcp_permits@
fws.gov.
FOR FURTHER INFORMATION CONTACT:
Marty Tuegel, Branch Chief, by U.S.
SUMMARY:
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29909
mail at: U.S. Fish and Wildlife Service,
Environmental Review Division, P.O.
Box 1306, Room 6034, Albuquerque,
NM 87103; or by telephone at 505–248–
6651.
SUPPLEMENTARY INFORMATION:
Introduction
Under the Endangered Species Act, as
amended (16 U.S.C. 1531 et seq.; Act),
we, the U.S. Fish and Wildlife Service,
invite the public to comment on
incidental take permit (ITP) applications
for take of the federally listed American
burying beetle (Nicrophorus
americanus) resulting from activities
associated with geophysical exploration
(seismic) and construction,
maintenance, operation, repair, and
decommissioning of oil and gas well
field infrastructure, as well as
construction, maintenance, operation,
repair, decommissioning, and
reclamation of oil and gas gathering,
transmission, and distribution pipeline
infrastructure within Oklahoma. If
approved, the permit would be issued to
the applicant under the Amended Oil
and Gas Industry Conservation Plan
Associated with Issuance of Endangered
Species Act Section 10(a)(1)(B) Permits
for the American Burying Beetle in
Oklahoma (ICP). The original ICP was
approved on May 21, 2014 (publication
of the FONSI notice was on July 25,
2014; 79 FR 43504). The draft amended
ICP was made available for comment on
March 8, 2016 (81 FR 12113), and
approved on April 13, 2016. The ICP
and the associated environmental
assessment/finding of no significant
impact are available on the Web site at
https://www.fws.gov/southwest/es/
oklahoma/ABBICP. However, we are no
longer taking comments on these
finalized, approved documents.
Applications Available for Review and
Comment
We invite local, State, Tribal, and
Federal agencies, and the public to
comment on the following application
under the ICP, for incidental take of the
federally listed ABB. Please refer to the
appropriate permit number (e.g., TE–
123456) when requesting application
documents and when submitting
comments. Documents and other
information the applicants have
submitted with this application are
available for review, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and Freedom of
Information Act (5 U.S.C. 552).
E:\FR\FM\13MYN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Notices]
[Pages 29907-29909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10948]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2016-N020; FXES11120200000F2-167-FF02ENEH00]
Final Environmental Impact Statement and Draft Record of Decision
for the Final Pima County Multi-Species Habitat Conservation Plan, Pima
County, Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of the final environmental impact statement (EIS) and
related draft record of decision (ROD) for the Pima County Multi-
Species Conservation Plan (MSCP). The final EIS was updated to address
the comments received on the 2012 draft EIS and considers the
environmental effects of issuing an incidental take permit (ITP) for
covered activities on the covered species. The ITP will be in effect
for a period of 30 years. Pima County has prepared the final Pima
County MSCP to describe and implement a conservation plan that will
minimize and mitigate environmental effects associated with the
incidental take of seven animal species and impacts to two plant
species currently listed under the Endangered Species Act of 1973, as
amended (Act), as well as impacts to 35 species that may become listed
under the Act. The incidental take and other impacts would occur in
Pima County and the adjacent counties of Cochise, Santa Cruz, and
Pinal, Arizona, as a result of specific actions conducted under the
authority of Pima County (covered activities).
DATES: The Record of Decision will become effective no sooner than 30
days after the publication date of this notice of availability for the
final EIS.
ADDRESSES: Obtaining Documents: You may download copies of the final
EIS, draft ROD, and final MSCP from the Arizona Ecological Services
Office Web site at https://www.fws.gov/southwest/es/arizona.
Alternatively, you may use one of the methods below to request a CD-ROM
of the documents. Please send your requests or comments by any one of
the following methods.
U.S. Mail: Field Supervisor, Arizona Ecological Services
Office, U.S. Fish and Wildlife Service, 2321 West Royal Palm Road,
Suite 103, Phoenix, AZ 85021.
In-Person Drop Off, Viewing, or Pickup: Telephone 520-670-
6150 x 242 (Scott Richardson) to make an appointment during regular
business hours (8 a.m. to 4 p.m.) to drop off comments or view
documents at the Arizona Ecological Services, Tucson Sub-Office, 201
North Bonita Avenue, Suite 141, Tucson, AZ 85745.
Fax: Arizona Ecological Services, Tucson Sub-Office; Fax
Number 520-670-6155.
FOR FURTHER INFORMATION CONTACT: Scott Richardson, by U.S. mail at the
Arizona Ecological Services Office, Tucson Sub-Office, 201 North Bonita
Avenue, Suite 141, Tucson, AZ 85745; by telephone at 520-670-6150
extension 242; or by email at scott_richardson@fws.gov.
SUPPLEMENTARY INFORMATION: Under NEPA, we advise the public of the
following:
1. We have gathered the information necessary to determine the
impacts and to formulate the alternatives for the final EIS related to
the issuance of an ITP to Pima County; and
2. Pima County has developed a final habitat conservation plan--the
Pima County MSCP--which describes the measures Pima County has agreed
to implement to minimize and mitigate the effects of the proposed
incidental take of federally listed species and unlisted covered
species, to the maximum extent practicable, pursuant to Section
10(a)(1)(B) of the Endangered Species Act (16 U.S.C. 1531 et seq.;
Act).
The 30-year ITP authorizes the incidental take of 40 animal
species. Among the 40 animal species are 7 species currently listed
under the Act:
Lesser long-nosed bat (Leptonycteris curasoae yerbabuenae)
Southwestern willow flycatcher (Empidonax traillii
extimus)
Yellow-billed cuckoo (Coccyzus americanus; western
distinct population segment)
Northern Mexican gartersnake (Thamnophis eques megalops)
Chiricahua leopard frog (Lithobates chiricahuensis)
Gila topminnow (Poeciliopsis occidentalis occidentalis)
Gila chub (Gila intermedia)
The 40 animal species also include 33 species not currently listed
under the Act:
Mexican long-tongued bat (Choeronycteris mexicana)
Western red bat (Lasiurus blossevillii)
Western yellow bat (Lasiurus xanthinus)
California leaf-nosed bat (Macrotus californicus)
Pale Townsend's big-eared bat (Corynorhinus townsendii
pallescens)
Merriam's mouse (Peromyscus merriami)
Western Burrowing owl (Athene cunicularia hypugaea)
Cactus ferruginous pygmy-owl (Glaucidium brasilianum
cactorum)
Rufous-winged sparrow (Aimophila carpalis)
Swainson's hawk (Buteo swainsoni)
Abert's towhee (Melozone aberti)
Arizona Bell's vireo (Vireo bellii arizonae)
Sonoran desert tortoise (Gopherus morafkai)
Desert box turtle (Terrapene ornata luteola)
Tucson shovel-nosed snake (Chionactis occipitalis
klauberi)
Groundsnake (valley form) (Sonora semiannulata)
Giant spotted whiptail (Aspidoscelis stictogramma)
Lowland leopard frog (Lithobates yavapaiensis)
Longfin dace (Agosia chrysogaster)
Desert sucker (Catostomus clarki)
Sonora sucker (Catostomus insignis)
[[Page 29908]]
San Xavier talussnail (Sonorella eremita)
Black Mountain/Papago talussnail (Sonorella ambigua)
Total Wreck talussnail (Sonorella imperatrix)
Empire Mountain talussnail (Sonorella imperialis)
Sonoran talussnail (Sonorella magdalenensis syn.
tumamocensis)
Pungent talussnail (Sonorella odorata)
Santa Rita talussnail (Sonorella walkeri)
Posta Quemada talussnail (Sonorella rinconensis)
Santa Catalina talussnail subspecies (Sonorella
sabinoensis buehmanensis)
Santa Catalina talussnail subspecies (Sonorella
sabinoensis tucsonica)
Las Guijas talussnail (Sonorella sitiens)
Tortolita talussnail (Sonorella tortillita)
Although take of listed plant species is not prohibited under the
Act, plant species may be included in a habitat conservation plan to
formally document the conservation benefits provided to them through
that process. Pima County proposes four plant species for coverage
under their MSCP, including two listed species:
Huachuca water umbel (Lilaeopsis schaffneriana ssp.
recurva)
Pima pineapple cactus (Coryphantha scheeri var.
robustispina)
And the two following unlisted species:
Needle-spined pineapple cactus (Echinomastus erectocentrus
var. erectocentrus)
Tumamoc globeberry (Tumamoca macdougalii)
The proposed incidental take would primarily occur within Pima
County, Arizona, although some Pima County actions may also occur in
adjacent counties as a result of impacts from actions occurring under
the authority of the applicants. The applicants have completed a final
habitat conservation plan as part of the application package, as
required by the Act.
The final EIS considers the direct, indirect, and cumulative
effects of the proposed action of permit issuance, including the
measures that will be implemented to minimize and mitigate such
impacts.
Background
Over the past 50 years, Pima County, Arizona, has had one of the
fastest growing human populations of any county in the United States
(an increase of just under 500 percent), as a result of a sunny
climate, natural beauty, and economic opportunities. Urban growth has
resulted in significant development, which is expected to continue in
the foreseeable future. A significant proportion of the predicted
future development in unincorporated Pima County is anticipated to
occur in the undeveloped or underdeveloped areas, particularly in the
eastern portion of the county.
The presence of threatened and endangered species in the areas of
potential land development creates regulatory concerns in Pima County.
Interest in conservation and its potential related costs is found
across many segments of the community, ranging from environmental
advocates promoting strengthened protections to members of the business
community, the development industry, and real estate profession, all of
whom may be concerned about potential economic impacts. Landowners and
private property interests are concerned about how their land-use
decisions potentially can be affected by the presence of federally
listed threatened and endangered species.
A long-term solution to ensure compliance with the Act,
particularly in areas such as Pima County where there is a large number
of listed and unlisted species, is to develop a habitat conservation
plan, such as the MSCP, under section 10(a)(1)(B) of the Act. The Pima
County MSCP proposes a combination of long-term and short-term actions
and long-range planning to protect and enhance some areas of the
natural environment within Pima County. The Pima County MSCP would help
guide public investments in both infrastructure and conservation, as
well as establish Pima County's preferences for the expenditure of
funds to preserve and reduce the threats posed by urbanization to
species and their habitats, using tools such as ranch conservation and
open space programs. Through the MSCP and the ITP, Pima County commits
to a series of measures that will avoid, minimize, and mitigate impacts
of covered activities on the covered species.
The objective of the Pima County MSCP is to achieve a balance
between:
Long-term conservation of the diversity of natural
vegetation communities and native species of plants and animals that
make up an important part of the natural heritage and allure of Pima
County; and
The orderly use of land to promote a sustainable economy,
health, well-being, customs, and culture of the growing population of
Pima County.
In addition, the Pima County MSCP has been designed to:
Avoid, minimize, and mitigate for the impacts of
activities that would result in take of threatened and endangered
species and provide long-term management and monitoring programs to
help ensure program effectiveness;
Meet the requirements for the applicants to receive an
ITP-- pursuant to section 10(a)(1)(B) of the Act-- that would allow for
the incidental take of threatened and endangered species while engaging
in otherwise lawful activities;
Provide conservation benefits to species and ecosystems in
Pima County that would not otherwise occur without the MSCP;
Maximize flexibility and available options in developing
mitigation and conservation programs;
Minimize uncoordinated decision making, which can result
in incremental habitat loss and inefficient project review;
Provide a decision-making framework that minimizes habitat
loss and maximizes the efficiency of public-sector projects;
Provide the applicants and their community stakeholders
(participants) with long-term planning assurances;
Cover an appropriate range of activities under the permit;
Reduce the regulatory burden of compliance with the Act
for the applicants and all affected participants; and
Designate the funding that would be available to implement
the Pima County MSCP over the entirety of its proposed term.
The Service prepared the final EIS to respond to Pima County's
request for an ITP for the proposed covered species related to
activities that have the potential to result in incidental take. The
need for this action is based on the potential for activities proposed
by the applicants on lands under their jurisdiction to result in
incidental take of covered species, thus requiring an ITP because
section 9 of the Act prohibits the ``taking'' of threatened and
endangered species. We are authorized, however, under limited
circumstances, to issue permits to take federally listed species, when
such a taking is incidental to, and not the purpose of, otherwise
lawful activities. Regulations governing permits for endangered and
threatened species are in the Code of Federal Regulations at 50 CFR
17.22 and 17.32, respectively.
To identify the scope and content of the draft EIS for the MSCP,
the Service formally initiated the scoping process on September 7,
2000, with the publication in the Federal Register (65
[[Page 29909]]
FR 54295) of the notice of intent to prepare an EIS. Public involvement
meetings were held in the form of open house/informational meetings in
October, November, and December of 2000. In addition, a public scoping
meeting was held in October 2003 prior to the release of an early draft
MSCP. This meeting was preceded by the publication in the Federal
Register (68 FR 53748) of a second notice of intent to prepare an EIS.
Subsequent drafts of the MSCP were published in 2005, 2006 (two
versions), 2008, and 2009 as part of the extensive process of
developing scientific information and inviting public review and
comment.
A notice of availability and notice of public meetings for the
draft MSCP and EIS were posted in the Federal Register on December 7,
2012 (77 FR 73045). We also posted the notice of availability, draft
MSCP, and draft EIS on the Arizona Ecological Services Web site (https://www.fws.gov/southwest/es/arizona/HCPs.htm). The formal comment period
for the Pima County Draft MSCP/Draft EIS was from December 7, 2012,
through March 15, 2013. Pima County hosted five public meetings for the
draft MSCP in January 2013. The Service held one public comment meeting
for the EIS on February 21, 2013, in Tucson, Arizona.
During the public comment period, including the six public meetings
as described above, 20 letters and written comments were received. Of
the comments received during the draft MSCP/draft EIS public comment
review period, the topics of primary concern were the planning and
decision making process, natural resources management, social and
economic concerns, cumulative effects, and MSCP-specific issues.
Detailed information concerning public involvement and a record of
comments received during scoping and public comment periods, and
Service responses, are provided in Chapter 6 of the final EIS.
Revisions were made to the draft MSCP and draft EIS based on public
comments. The Service has afforded government agencies, tribes, and the
public extensive opportunity to participate in the preparation of the
EIS. We have requested data, comments, new information, and suggestions
from the public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party regarding
the draft EIS and draft MSCP. We have considered these comments in
completing the final EIS, working with Pima County to finalize the
MSCP, and developing the ITP.
Authority
We provide this notice under Section 10(c) of the Act (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and NEPA (42 U.S.C. 4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2016-10948 Filed 5-12-16; 8:45 am]
BILLING CODE 4333-15-P
