[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]
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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.
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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 http://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 (http://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