[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Notices]
[Pages 8070-8071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4496]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Species Permit Application

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Availability.

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    Notice of Availability of the Final Joint Environmental Impact 
Statement (EIS) and Environmental Impact Report (EIR) on the proposed 
issuance of an incidental take permit for the endangered Stephens' 
Kangaroo Rat (SKR) in Western Riverside County, California. The Record 
of Decision will be published no sooner than 30 days from this notice.

SUMMARY: This notice advises the public that the Final Joint EIS/EIR on 
the application to incidentally take SKR is available for public 
review. The Riverside County Habitat Conservation Agency (RCHCA) has 
applied to the U.S. Fish and Wildlife Service (Service) for a 30-year 
Incidental Take Permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act. Publication of the Record of Decision and 
issuance of the permit will occur no sooner than 30 days from this 
notice. This notice is provided pursuant to section 10 of the Act and 
the National Environmental Policy Act Regulations (40 CFR 1506.6).

FOR FURTHER INFORMATION CONTACT: Pete Sorensen, Endangered Species 
Division, Chief, U.S. Fish and Wildlife Service, Carlsbad Field Office, 
2730 Loker Ave. West, Carlsbad, California 92008, (619) 431-9440).
    Individuals wishing copies of this Final EIS/EIR should immediately 
contact the RCHCA at (909) 275-1100. Documents will be available for 
public inspection by appointment during normal business hours (8 a.m. 
to 5 p.m., Monday through Thursday) at the RCHCA, 4080 Lemon Street, 
12th Floor, Riverside, California, 92501. Documents will also be 
available for public inspection by appointment during normal business 
hours (8 am to 5 pm, Monday through Friday) at the Service Office at 
the above referenced address and telephone. A letter announcing 
availability of the Final Joint EIS/EIR has been sent to all agencies 
and parties who previously received notice of availability of the Draft 
EIS/EIR, and/or who requested a copy of the Draft EIS/EIR or commented 
on the Draft EIS/EIR.

SUPPLEMENTARY INFORMATION:

Background

    The Service listed the SKR as an endangered species, on October 31, 
1988 (53 FR 38485), under the Endangered Species Act of 1973, as 
amended (Act). Under the Act, no person may harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture or collect the species, or attempt to 
engage in such conduct (16 USC 1538). The Service, however, may issue 
permits to conduct activities involving endangered species under 
certain circumstances, including carrying out scientific purposes, 
enhancing the propagation or survival of the species, or incidentally 
taking the species in connection with otherwise lawful activities. 
Regulations governing permits are in 50 CFR 17.22, 17.23, and 17.32.
    The RCHCA presently has a short-term 10(a)(1)(B) permit from the 
Service to incidentally take SKR's in connection with various proposed 
public and private projects in the western portion of Riverside County. 
Under the program established through this interim permit, SKR habitat 
in public and private ownership is being acquired and managed for the 
long-term benefit of the species. Acquisition of private lands is 
funded in part from mitigation fees collected by the RCHCA as 
developments proceed. As intended when the interim permit was granted 
in August 1990, the RCHCA is applying to the Service for a 30-year 
incidental take permit for the same purposes. The area covered by the 
proposed 30-year permit will include much of the historical range of 
the SKR in Riverside County and will allow development to proceed on 
15,000 acres of occupied SKR habitat. The permit application was 
received on April 14, 1995, and was accompanied by the Long-term SKR 
Habitat Conservation Plan that details proposed measures to minimize, 
monitor, and mitigate impacts of the proposed take of SKR.
    The applicants propose to minimize and mitigate the impacts of take 
by ensuring that the seven proposed Core Reserves are established by 
completing the acquisitions and securing the remaining agreements 
necessary to conserve the remaining private lands in those reserves. 
The habitat within the reserves will be conserved by restricting any 
take within the Core Reserves. To help manage the reserves the non-
wasting endowments or equivalent annual funding sources will be 
established in the amount of $6,000,600. Through cooperative agreements 
with BLM, the Core Reserves will be expanded to 15,000 acres of 
occupied SKR habitat.
    The funding for the implementation of the plan will be provided 
through a combination of local, Federal and State contributions. 
Federal and State agencies will provide $2.5 million in land 
acquisition funding and ``in lieu'' land management services, and a 
matching fund of $1.6 million towards financing the plan. BLM will 
provide 10,700 acres of Federal land for exchange, which will then be 
sold to purchase an additional 2,500 acres of occupied SKR habitat 
adjacent to the current reserves. The State will provide partial 
management for the state lands at San Jacinto/Perris Core Reserve and 
through a cooperative effort with RCHCA try to reduce or eliminate the 
balance of management funds required for this reserve.
    The underlying purpose or goal of the proposed action is to develop 
a program designed to ensure the continued existence of the species, 
while resolving potential conflicts that may arise from otherwise 
lawful private and public improvement projects.

Development of the Final EIS/EIR

    This draft Joint EIS/EIR has been developed cooperatively by the 
Service, Carlsbad Field Office (lead agency); and the RCHCA.
    In the development of this Final Joint EIS/EIR, the Service has 
initiated action to assure compliance with the purpose and intent of 
the National Environmental Policy Act of 1969 (NEPA), as amended. 
Scoping activities were undertaken preparatory to developing the Draft 
EIS/EIR with a variety of Federal, State, and local entities. A Notice 
of Intent to prepare the EIS/EIR was published in the Federal Register 
on March 2, 1993.
    The RCHCA's preparation of the long-term HCP has been on-going 
since the short-term permit was authorized. In 

[[Page 8071]]
March 1993, the Service and the RCHCA initiated a joint scoping process 
for the preparation of a combined EIS/EIR in anticipation of the 
Service receiving a permit application for a 30-year Section 10(a) 
permit for incidental take SKR. The scoping process was initiated in 
accordance with NEPA to solicit comments on issues and alternatives to 
be addressed in the EIS/EIR. Because of the extended two-year scoping 
process, the Draft Scoping Report was prepared to update public 
knowledge of the scoping process. This report summarized the 2-year 
scoping process, identified the scoping issues raised by interested 
parties at public meetings and in written statements, and outlined the 
issues and alternatives to be addressed in the Draft EIS/EIR. The 
availability of the Draft Scoping Report was published in the Federal 
Register on March 24, 1995.
    A Notice of Availability of a Draft EIS/EIR and receipt of an 
Application for an Incidental Take Permit for SKR in Western Riverside 
County, California was published in the Federal Register August 4, 
1995.
    Potential consequences, in terms of adverse impacts and benefits 
associated with the implementation of each alternative, were described 
in the Draft EIS/EIR. The Service received 39 letters of comment on the 
Draft EIS/EIR that primarily focused on the following subject areas: 
(1) The range of alternatives in the document; (2) inadequate analysis 
of effects to SKR, effects on local General Plans, effects on local 
economic conditions, cumulative effects, and growth-inducing effects; 
(3) mitigation measures for effects to SKR; (4) population viability 
analysis model; and (5) analysis of funding requirements, sources and 
assurances.
    The Responses to Comments document for the FEIS/EIR contains copies 
of all comments received and responses to all comments received. Issues 
and potential consequences remain constant from the Draft to the Final 
EIS/EIR.

Alternatives Analyzed in the Final EIS/EIR

    Four alternatives were considered for analysis in the Final EIS/
EIR: (1) Proposed Action/Project (approve and implement the Long-term 
SKR HCP); (2) Expanded Conservation/Protection (conserve additional SKR 
habitat); (3) Existing Reserves/Public Lands (focus of SKR habitat 
already protected); and (4) a No Project/No Action Alternative (assume 
no regional program). Issuance of the permit with the mitigating, 
minimizing, and monitoring measures outlined in the Proposed Action/
Project alternative is the Service's preferred action and is discussed 
above. Key issues addressed in the Final EIS/EIR are identified as the 
effects that implementation of various alternatives would have upon: 
(1) The endangered SKR; (2) other wildlife and their habitats; (3) land 
uses and general plans; (4) provision of public facilities, services 
and utilities; and (5) social and economic conditions. In addition, a 
second assessment of funding was prepared in response to comments on 
the Draft EIS/EIR.
    Each alternative was evaluated for its potential to result in 
significant adverse impacts, and the adequacy or inadequacy of the 
proposed measures to avoid, minimize, and substantially reduce the 
effects.

    Dated: February 22, 1996.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-4496 Filed 2-29-96; 8:45 am]
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