[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Notices]
[Pages 32337-32338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15149]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Species Permit Application
AGENCY: Fish and Wildlife, Interior.
ACTION: Notice of availability.
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Availability of an Environmental Assessment and Receipt of an
Application for a Permit to Allow Incidental Take of 3 Threatened and
Endangered Species and 19 Other Species by the City of Poway and its
Redevelopment Agency, in San Diego County, California.
SUMMARY: This notice advises the public that the City of Poway and its
Redevelopment Agency (applicants) have applied to the U.S. Fish and
Wildlife Service (Service) for an incidental take permit (PRT-803743)
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973,
as amended (Act). The application package includes a Habitat
Conservation Plan (HCP) and Implementing Agreement(IA). The proposed
incidental take would occur as a result of habitat disturbance
associated with residential and limited municipal development. The
requested permit would authorize incidental take of the threatened
coastal California gnatcatcher (Polioptila californica californica),
endangered least Bell's vireo (Vireo bellii pusillus), and endangered
southwestern willow flycatcher (Empidonax traillii extimus).
The applicants also request coverage of an additional 19 unlisted,
sensitive species (11 plant, 8 animal) that occur within the City's
jurisdiction. The HCP proposes to conserve all 22 species according to
standards required for listed species under the Act, such that, barring
unforeseen circumstances, the unlisted species could be amended to the
10(a)(1)(B) permit to authorize incidental take of these species should
they be federally listed within the term of the 50-year permit.
Concurrent with the proposed issuance of the Federal 10(a)(1)(B)
permit, the California Department of Fish and Game proposes to issue a
management authorization for the 22 species under section 2081 of the
California Endangered Species Act.
Preparation of the HCP is a condition of Service approval of a
significant roadway extension project, which will require significant
mitigation. Federal approval of the HCP also is required as part of the
special 4(d) rule for the California gnatcatcher (58 FR 65088).
Incidental take of the gnatcatcher is allowed under section 4(d) of the
Act if take results from activities conducted pursuant to the
California Natural Community Conservation Planning (NCCP) Act, NCCP
Process Guidelines, and NCCP Southern California Coastal Sage Scrub
Conservation Guidelines.
In addition to the permit application, the Service also announces
the availability of an Environmental Assessment (EA). The EA evaluates
the effects on the human environment of the proposed action: issuance
of the incidental take permit and approval of the HCP and IA. 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 21, 1995.
ADDRESSES: Comments regarding the adequacy of the HCP, IA, and EA
should be addressed to Mr. Gail Kobetich, Field Supervisor, U.S. Fish
and Wildlife Service, 2730 Loker Avenue West, Carlsbad, CA 92008; FAX
(619) 431-9618. Please refer to permit No. PRT-803743 when submitting
comments.
FOR FURTHER INFORMATION CONTACT: Nancy Gilbert, Fish and Wildlife
Biologist, at the above address, telephone (619) 431-9440. Individuals
wishing copies of the application and EA for review should immediately
contact Ms. Gilbert.
SUPPLEMENTARY INFORMATION: The ``take'' of threatened and endangered
species is prohibited under section 9 of the Act and its implementing
regulations. Take is defined, in part, as killing, harming, or
harassing listed species, including significant habitat modification
that results in death of or injury to listed species. Under limited
circumstances, the Service may issue permits to take listed species if
such taking is incidental to otherwise lawful activities. Regulations
governing permits are in 50 CFR 17.22 and 17.32.
The proposed action would allow incidental take of 3 listed animal
species and up to 19 other species within the City of Poway. The City
has jurisdiction over 24,999 acres, of which approximately 16,678 acres
are natural habitats. To minimize and mitigate the impacts of the
proposed take, the applicants propose to implement the HCP within an
approximate 13,000-acre Resource Conservation Area (RCA). The RCA
includes 78 percent of all remaining undeveloped habitat and 85 percent
of the California gnatcatcher habitat (coastal sage scrub) under City
jurisdiction. Nearly the entire extant gnatcatcher population within
the planning area occurs within the RCA. The endangered southwestern
willow flycatcher and least Bell's vireo potentially occur within the
riparian [[Page 32338]] habitat of the RCA, proposed for nearly 100
percent conservation.
Residential, limited commercial, and limited public infrastructure
development is planned within and beyond the RCA. Some of these
projects will result in loss of natural habitats.
An estimated 200 pairs of gnatcatchers occur within the RCA on
6,210 of the remaining 7,300 acres of coastal sage scrub within the
planning area. Approximately 90 percent of the coastal sage scrub
within the RCA is proposed to be conserved through various measures,
resulting in a net loss of approximately 20 pairs.
The applicants propose to mitigate for take of the gnatcatcher by
preserving the above mentioned amount of habitat through direct
acquisition of habitat and through protective restrictions or easements
on lands remaining in private ownership. Acquisition revenues are
expected from mitigation fees for development of coastal sage scrub
within and beyond the RCA, through a provision of the NCCP process.
Mitigation credits also are anticipated to be sold to parties outside
of the City of Poway's jurisdiction, as approved by the Service. The
level of allowable residential development within the RCA would be
determined by existing low-density zoning (various levels) and by the
availability of municipal water supply (the lack of which would prevent
higher building densities). Currently, the majority of the RCA is not
served by municipal water. Existing land-use restrictions would limit
the amount of development to 2 acres per parcel. Mitigation areas for
these impacts would be preserved in a natural state by resource-
management zoning. The balance of mitigation lands remaining in private
ownership would be protected by ordinance.
The potential multiple-species preserve system would be built by
incremental additions at the parcel level. These additions are proposed
to augment and connect an existing system of currently disjunct,
publicly owned lands via resource-management zoning. Other elements of
the HCP address preserve planning in a regional context: currently,
private lands with especially high biological value have been
identified for priority acquisition so as to ensure the preservation of
unconstrained wildlands and their linkage within and beyond the RCA.
Selective siting of development at the parcel level is further proposed
to minimize impacts to relatively rare and sensitive biological
habitats and features. The achievement of a viable, connected natural
preserve system is proposed under the HCP. The HCP includes
alternatives ranging from complete preservation of native habitats
within the RCA to separate, project-level efforts.
The EA considers the environmental consequences of four
alternatives, including the proposed action. Under the no action
alternative, the proposed HCP would not be implemented. The applicants
would either avoid take of listed species within the planning area, or
apply for individual 10(a)(1)(B) permits on a project-by-project basis.
Existing land use and environmental regulations would apply to all
projects proposed within the planning area. Existing regulatory
practices require mitigation for impacts to sensitive species and
habitats resulting in lands being set aside for open-space
preservation. However, under the no action alternative, greater habitat
fragmentation would likely occur because the lands set aside for open-
space preservation would not be assembled in a coordinated preserve
system. Under a third alternative, the proposed RCA boundary would
consist only of lands already preserved in Poway; i.e., cornerstone
lands as identified in the HCP, the parcels purchased for mitigation of
the Scripps-Poway Parkway Extension project, and slopes over 45 percent
within the RCA. No other lands would be included in the RCA or added to
the preserve. The fourth alternative would preserve all identified
habitat and species within the RCA. Development would be prohibited
within the proposed RCA boundary except on already disturbed areas
where such development would not impact the viability of the proposed
RCA.
(Application for a Permit to Allow Incidental Take of 3 Threatened
and Endangered Species and 19 Other Species by the City of Poway and
its Redevelopment Agency, in San Diego County, California)
Dated: June 15, 1995.
William F. Shake,
Acting Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-15149 Filed 6-20-95; 8:45 am]
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