[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14907]


[[Page Unknown]]

[Federal Register: June 20, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

 

Availability of an Environmental Assessment and Receipt of an 
Application for a Permit to Allow Incidental Take of the Threatened 
California Gnatcatcher and the Proposed Endangered Coastal Cactus Wren 
by Shell Oil Company and Metropolitan Water District, Orange County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that Shell Oil Company (Shell) 
and the Metropolitan Water District of Southern California (MWD) 
(Applicants) have applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The 
application, which includes a Habitat Conservation Plan (HCP) and an 
Implementation Agreement (IA), has been assigned permit number PRT-
784571. The requested permit would authorize the incidental take of the 
threatened California gnatcatcher (Polioptila californica californica), 
on certain lands located within the sphere of influence of the City of 
Yorba Linda in unincorporated northern Orange County, California. The 
HCP submitted in support of the permit application, also provides for 
the conservation of the coastal cactus wren as if it were listed under 
the Act as a threatened or endangered species and, barring a 
determination by the Service of unforeseen circumstances and compliance 
with applicable public review and comment requirements, would support 
an amendment to the 10(a)(1)(B) permit to authorize the incidental take 
of that species should the cactus wren be listed during the term of the 
permit. The proposed incidental take would occur as a result of grading 
and construction activities for a residential development and municipal 
golf course in a depleted oilfield, and improvements to the Diemer 
Water Treatment Facility. Both sites are occupied by the California 
gnatcatcher and coastal cactus wren.
    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed issuance of the incidental take 
permit. This notice is provided pursuant to section 10(c) of the Act 
and National Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before July 20, 1994.

ADDRESSES: Comments regarding the application or adequacy of the EA 
should be addressed to Mr. Gail Kobetich, Field Supervisor, U.S. Fish 
and Wildlife Service, Carlsbad Field Office, 2740 Loker Avenue West, 
Carlsbad, California 92008. Please refer to permit No. PRT-784571 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT:Dr. Linda R. Dawes, U.S. Fish and 
Wildlife Service, Carlsbad Field Office, 2740 Loker Avenue West, 
Carlsbad, California 92008 (619-431-9440). Individuals wishing copies 
of the application or EA for review should immediately contact the 
above individual.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act, and implementing regulations, 
``taking'' of a threatened or endangered species is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take threatened or endangered wildlife species if such taking is 
incidental to, and not the purpose of, otherwise lawful activities. 
Regulations governing permits for threatened or endangered species are 
at Title 50 Code of Federal Regulations 17.32 and 17.22, respectively.
    On March 25, 1993, the Service listed the coastal California 
gnatcatcher as a threatened species. On May 2, 1994, the rule listing 
the gnatcatcher was vacated by the United States District Court for the 
District of Columbia on the basis that the Secretary of the Interior 
failed to obtain and make available for public comment, the data 
underlying a published scientific report on the subspecific taxonomy of 
the gnatcatcher. The Secretary has filed a motion for reconsideration 
of the court's decision and, alternatively, a motion to stay the 
portion of the decision that vacated the listing while the Service 
receives public comment on these data. These motions are currently 
pending before the court. The Service is also reviewing several other 
options to provide the protection of the Act to the gnatcatcher. These 
options include appealing the court's decision, listing the gnatcatcher 
on an emergency basis, and proposing a new rule to list the 
gnatcatcher.
    The Service announces the receipt and availability for public 
review and comment of this 10(a)(1)(B) permit application in order to 
facilitate review and potential issuance of the incidental take permit 
should the coastal California gnatcatcher return to the status of a 
federally listed species. The Service also seeks public review and 
comments on the proposed signing of the IA by the Service. The IA would 
obligate the Applicants to carry out the provisions of the HCP that 
provides for protection and conservation of the California gnatcatcher 
and cactus wren as if both species were listed as threatened or 
endangered species under the Act. By signing the IA, the Service would 
certify to the Applicants that, barring a determination of unforeseen 
circumstances, and subject to compliance with applicable public review 
and comment requirements, the Service would expeditiously issue a 
section 10(a)(1)(B) permit to the Applicants allowing incidental take 
of one or both species, as appropriate, if the California gnatcatcher 
or cactus wren are listed as threatened or endangered species in the 
future.
    The Applicants propose to implement the HCP for the California 
gnatcatcher and coastal cactus wren to allow phased oil field 
remediation and clearing, grading and construction of a residential 
development, golf course, elementary school, and commercial development 
on a depleted oil field, and ongoing maintenance and facility 
modifications on the Deimer Water Treatment Facility within the sphere 
of influence of the City of Yorba Linda, in unincorporated Orange 
County, California. These activities would take place over a period of 
approximately 20 years. The permit would authorize incidental take of 
gnatcathers associated with the destruction of up to 27 acres of 
occupied gnatcatcher habitat. That habitat is estimated to support 
approximately 9 gnatcatchers. The IA executed by the parties would also 
provide for future amendment of the permit to authorize incidental take 
of cactus wren should the cactus wrens associated with the destruction 
of up to 83 acres of occupied cactus wren habitat be listed in the 
future as a threatened or endangered species under the Act. It is 
estimated that up to 55 pairs of cactus wren occupy the development 
site. The permit would be in effect for 50 years on the Shell property.
    The Applicant proposes to mitigate for the incidental take by: (1) 
Dedicating 58 acres of on-site coastal sage scrub (CSS) habitat to 
Chino Hills State Park; (2) placing a conservation easement on 20 acres 
of Walnut woodland on-site; (3) preservation/restoration of an 
additional 64 acres of habitat within the golf course which has been 
designed to provide a buffer between wildlands and development; (4) 
operation of 12-15 cowbird traps in perpetuity; (5) a discounted sale, 
to the State of California, of 979 acres of multispecies habitat to be 
managed to promote conservation of the gnatcatcher and cactus wren, 
including 572 acres of CSS, 48 acres of oak woodland, and 237 acres of 
chaparral; (6) providing for the restoration of approximately 27 acres 
of CSS and cactus in the purchase area and in adjacent Chino Hills 
State Park; (7) funding a State Park ecologist for 15 years (10 years 
full time), who will oversee offsite restoration, conduct the cowbird 
trapping program, conduct sensitive species surveys, patrol the area 
for vagrants, conduct a community education and involvement program, 
and prepare a long-term fire management program; (8) creating a fire 
suppression compartment in cooperation with State Parks and the Orange 
County Fire Department.
    The EA considers the environmental consequences of several 
alternatives, including the proposed action, no-take, and no-action 
alternatives. The proposed action is (1) the issuance of a permit under 
section 10(a) of the Act that, in conjunction with oil field 
remediation, residential and golf course development, and maintenance 
and improvement activities at the Diemer Water Filtration Plant, would 
authorize the incidental take of gnatcatchers associated with the 
removal of 27 acres of occupied California gnatcatcher habitat, and (2) 
the execution of the IA by the Service that, barring unforeseen 
circumstances, would provide for the amendment of the permit to 
authorize the incidental take of cactus wrens associated with the 
removal of up to 83 acres of occupied cactus wren habitat should the 
cactus wren be listed in the future as a threatened or endangered 
species under the Act. The proposed action would result in minimizing 
incidental take by placing limitations on and monitoring proposed 
construction and remediation activities. Mitigation under the proposed 
action would enhance California gnatcatcher and cactus wren 
conservation through the acquisition, restoration, and management of 
1126 acres of habitat important for the conservation of the California 
gnatcatcher, cactus wren, and other sensitive and declining species. 
Under the no-take alternative, the permit would not be issued, Shell 
oil field remediation and project potentially would not occur, and MWD 
potentially would not be allowed to maintain the structural integrity 
of its facility. In addition to presenting public health and safety 
problems, no restoration or management would occur, and the existing 
habitat will remain vulnerable to fire and unregulated use. Under the 
no-project alternative, oil field remediation would occur without 
subsequent development. Additionally, an alternative including both 
residential and commercial development, but without the golf course was 
considered. Analysis of other alternatives included oil field 
remediation, but with the residential, commercial, and golf course 
developments being located elsewhere.

    Dated: June 14, 1994.
Thomas Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-14907 Filed 6-17-94; 8:45 am]
BILLING CODE 4310-55-M