Most of Pahrump would be a no-fee area under the draft desert tortoise habitat conservation plan, shown in white. Developers in the red area, mostly east of Highway 160 and north of Leslie Street, would pay a higher fee of $550 per acre, while those in the blue area in the southernmost valley, would pay a lower fee of $250 per acre. Advertisement

Developers will no longer be required to negotiate permits individually with the U.S. Fish and Wildlife Service on acreage fees for the accidental taking of desert tortoises in Pahrump Valley, with the drafting of a habitat conservation plan by Nye County, which excludes most of the valley from paying any fees.

The draft plan was approved by Nye County commissioners Tuesday.

Landowners developing property in many areas east of Highway 160 would still be required to pay $550 per acre, the current fee for disturbing desert tortoise habitat. A reduced fee of $250 per acre would be levied in some areas in southernmost Pahrump Valley.

The overview of the plan states, "The habitat within the covered area proposed for development is of marginal and declining quality due to human encroachment and development of properties adjacent to the proposed area and the prevalence of other vegetation communities or land forms that are not favored or rarely used by desert tortoises."

The document is phase I in the development of a multiple-species habitat conservation plan for southern Nye County.

The report refers to the rapid population growth in Pahrump, from 7,424 people in the 1990 census to 24,631 by 2000. It's now estimated Pahrump has over 38,000 people. That has led to large-scale clearing of land for development.

Desert tortoises are most commonly found in desert scrub vegetation, primarily creosote bush. The listing of the desert tortoise as an endangered species in 1990 makes it a federal crime punishable by up to six months in jail and a $25,000 fine to take a tortoise directly, or through habitat destruction.

Development creates additional risks to tortoises from predation and disease. Litter attracts predators like ravens, while dogs and cats often prey on them, the study states.

More residents also could lead to more off-highway vehicles riding over tortoises.

Covered under the agreement are 87,920 acres. The plan identified 34,845 acres as suitable tortoise habitat, of which 13,865 acres are on public land.

"Within the Pahrump Valley most tortoise habitat occurs on BLM lands. The BLM lands within the covered area have very low to moderate tortoise densities and a high density in the southeast corner," the report states.

The BLM conducted data on 1,425 transects from 1979 to 1989 to determine the densities of desert tortoises The majority were found to the east and southeast of town, where densities were estimated at nine tortoises per square mile. Lower densities were noted north of town, of five to seven tortoises per square mile.

Nye County paid $324 per acre for the landfill and sewage treatment facility on East Mesquite Avenue in 1995. The Nye County school district paid $54,654 in desert tortoise mitigation fees for 80 acres of land on Gamebird Road.

Developer Tim Hafen said he didn't need to pay a fee for the Cottonwoods project on Hafen Ranch Road back in 1999, but had to conduct a survey in which a biologist found it wasn't suitable desert tortoise habitat. But his proposed Indian Road subdivision on Turner Boulevard east of Fox Avenue lies in the higher fee area, which would cost $88,000 for the 160 acres.

"The fact we'll have a Nye County plan would cut out a whole lot of red tape. The question now is how expensive it's going to be," Hafen said.

State Fish and Wildlife Director Bob Williams said he sent a warning to Nye County officials about major developers in Pahrump who haven't executed agreements over desert tortoises. If biologists find any evidence of desert tortoises on those properties, it would stop the development dead in its tracks, he said.

The habitat conservation plan calls for the U.S. Fish and Wildlife Service to meet with Nye County to develop recommendations for desert tortoise exclusion fencing within the fee zones.

Nye County will be responsible for the administration and implementation of the habitat conservation plan, overseen by an HCP administrator with the proper scientific or technical background. An annual report will be prepared on the implementation of the program.

The fees will pay for county administration of the program, mitigation measures for the incidental take of desert tortoises, purchasing seed to grow plants important for desert tortoise habitat and an educational program in the schools.

The plan was developed by Nye County's contractor, Entrix Environmental Consultants, after consultations with the U.S. Fish and Wildlife Service. Nye County has been attempting to negotiate an agreement with the federal government since 2000.

When U.S. Fish and Wildlife Biologist Jeri Krueger briefed county commissioners in September 2006 on the plan, she said there have been "a couple dozen" desert tortoises, at least, recovered in Pahrump and turned in to the Desert Tortoise Conservation Center in Las Vegas.

Nye County Commission Chairman Gary Hollis complained about the limits on development due to the endangered species during that initial briefing.

"I don't think the desert tortoise is endangered or threatened. When you have a creosote bush, people are going to say this is desert tortoise habitat," Hollis said last year. Before storming off the dais, he told the fish and wildlife service, "From now on I'm not playing this bureaucracy game with you federal people. Put it in writing, and I want it in blood."

There weren't any such fireworks Tuesday.

Nye County Director of Natural Resources Jim Marble told commissioners, "The plan we have before us is a draft. We recognized there are changing circumstances in the valley."

A public comment period was set up to take written comments until 5 p.m., Dec. 4. They may be submitted at the Nye County Natural Resources Department office at 401 S. Frontage Rd., Suite 4. There will be two open house meetings on the plan, from 4 p.m. to 8 p.m. Nov. 15 and again Nov. 29. A public hearing is scheduled for 10 a.m. during the Dec. 18 Nye County Commission meeting in Pahrump.

This agreement wasn't written in blood as Hollis specified. But he did get in one parting shot Tuesday at the U.S. Fish and Wildlife field supervisor for the state.

"We're going to do this before Bob Williams comes in here and brings in his storm troopers," Hollis said.