28th Annual Meeting and Symposium of the
Desert Tortoise Council, February 21-23, 2003
Abstracts

An Historical Overview of the Clark County Desert Conservation Plan---Key Issues and How They were Resolved

Paul Selzer
Senior Partner Selzer, Ealy, Hemphill and Blasdel, Rancho Mirage, California

In August of 1989, the Desert Tortoise was listed as a threatened species pursuant to the terms of the federal Endangered Species Act (ESA). The immediate effect of the listing was to make land disturbance activities in southern Nevada, especially grading, construction and cattle grazing, potentially criminal activities. Builders, developers OHV users and others were suddenly in danger of becoming subject to criminal and civil penalties by pursuing their normally legal business activities. In response to the listing, the state of Nevada, the city of Las Vegas and the Southern Nevada Homebuilders Association sued the Department of Interior to challenge the listing. Initial proceedings in the lawsuit were unsuccessful and led many to believe that a new strategy to deal with the likely disastrous economic impacts of the listing had to be undertaken. The alternative chosen by Clark County and the incorporated cities within its boundaries was to initiate and develop a habitat conservation plan which would benefit the both the species and the local economy. Within months of the emergency listing, the County initiated the process to develop the Desert Conservation Plan for the Desert Tortoise.

The Clark County Desert Conservation Plan was approved and a Section 10(a) Incidental Take Permit was issued in 1992. Since that time, Clark County and the stakeholders in its public process have continued to develop and implement the terms of the Plan to benefit the Desert Tortoise, to improve the status of its habitat, and to retain the permit, which allows development to continue without fear of violation of the ESA. The purpose of the presentation is to describe the process utilized to resolve specific issues with the hope that other communities that are facing similar conflicts between preservation of natural resources and economic development might be able to use the same or similar methods for resolving their conflicts.

Among the issues that were addressed in the formulation of the DCP and which will be described in the presentation are: Why did such disparate types of groups agree to participate in the process? How were the lawsuits resolved? What was to be the disposition of tortoises displaced by development? What about urban and suburban populations located within the path of development; Grazing, roads, OHV activities and other interests of the rural communities; Funding issues; resolution of political resistance; URTD; Where should conservation activities be focused; How to deal with public information and education; fencing of linear features and other issues.