[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Notices]
[Pages 42439-42440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20813]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Species Permit Application, 
Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Federally Threatened 
Coastal California Gnatcatcher for the Old Town Temecula Redevelopment 
Project, Riverside County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) has under 
consideration a proposal to issue a 30-year permit under Section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act) 
that would authorize incidental taking of the threatened coastal 
California gnatcatcher (Polioptila californica californica; 
gnatcatcher). The applicant for this incidental take permit is the 
Temecula Entertainment Valley, Inc. The application is accompanied by a 
proposed Habitat Conservation Plan for the gnatcatcher, and 
Implementing Agreement. In response to the permit application and the 
accompanying proposal, an Environmental Assessment has been prepared 
pursuant to the National Environmental Policy Act and is available. The 
application has been assigned permit number PRT-817719.
    This notice is provided pursuant to section 10 of the Act and the 
National Environmental Policy Act regulations (40 CFR 1506.6). The 
Service will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of the National Environmental Policy Act regulations 
and section 10(a) of the Act. If it is determined that the requirements 
are met, a permit will be issued for the incidental take of the 
gnatcatcher. The final National Environmental Policy Act and permit 
determination will be made no sooner than 30 days from the date of this 
notice. This notice describes the currently proposed action and 
alternatives, and solicits comments on the issues and alternatives 
raised in the Environmental Assessment. All coments, including names 
and addresses, received will become part of the official administrative 
record and may be available to the public.

DATES: Written comments related to the Service's Environmental 
Assessment and the applicants permit application, Habitat Conservation 
Plan, and Implementing Agreement, should be received by the Service on 
or before September 16, 1996.

ADDRESSES: Information, comments, or questions regarding the 
Environmental Assessment, permit application, Habitat Conservation 
Plan, and Implementing Agreement should be submitted to Mr. Gail 
Kobetich, Field Supervisor, U.S. Fish and Wildlife Service, 2730 Loker 
Avenue West, Carlsbad, California 92008. Written comments also may be 
sent by facsimile to (619) 431-9618. Please refer to permit number PRT-
817719 when submitting comments. Individuals wishing copies of the 
application, Environmental Assessment or Implementing Agreement for 
review should immediately contact the above office. Documents will also 
be available for public inspection, by appointment, during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Sorenson, Assistant Field 
Supervisor, Endangered Species, at the above address, (619) 431-9440.


[[Page 42440]]


SUPPLEMENTARY INFORMATION: The Service listed the coastal California 
gnatcatcher as threatened, on March 25, 1993 (58 FR 16742). As a 
threatened species, the gnatcatcher is protected pursuant to section 9 
of the Act against ``take,'' that is, no one may harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect the species, or 
attempt to engage in such conduct (16 USC 1538). However, under certain 
circumstances, the Service may issue permits to take threatened 
wildlife species incidental to, and not the purpose of, otherwise 
lawful activities. Regulations governing permits for endangered species 
are at 50 CFR 17.22.

Background

    Temecula Entertainment Valley, Inc., proposes to construct the 
Westside Specific Plan portion of the Old Town Temecula Redevelopment 
Project consisting of a Wild West Arena, Hotel, Western Bypass road, 
and associated facilities located in the City of Temecula, western 
Riverside County. The proposed project is partially located in 
undeveloped areas that are known to support two breeding pairs of 
gnatcatchers. Construction of the Project would result in the permanent 
loss of 35.5 acres of occupied gnatcatcher habitat.
    Temecula Entertainment Valley, Inc., proposes to compensate for 
this incidental take by preserving and providing for the management of 
29 acres of gnatcatcher habitat wihin an 80.1 acre parcel to be set 
aside as open space adjacent to the proposed project site. In addition, 
the applicant proposes to acquire and provide a management endowment 
for off-site mitigation containing approximately 60 acres of 
gnatcatcher habitat within a 120 acre parcel adjacent to the 
Southwestern Riverside County Multi-Species Reserve (Reserve) east of 
the proposed project site. The Reserve Management Committee has 
tentatively agreed to manage the site consistent with existing 
management activities on the Reserve using the management endowment 
provided by the applicant.
    Temecula Entertainment Valley, Inc., considered four alternatives, 
including the proposed project. These alternatives included a reduced 
project alternative, a different location alternative, and the no 
action alternative. The reduced action alternative would reduce the 
impact to gnatcatcher habitat; however, it would still require a 10(a) 
permit and accompanying mitigation. The different location alternative 
would not impact gnatcatcher on the proposed project site; however, if 
selected it would require a substantial change in the proposed traffic 
circulation pattern within the City of Temecula. Selection of the no 
action alternative would reduce the impacts on gnatcatchers on the 
proposed project site in the short term. Selection of the no action 
alternative limits the applicants goal of providing for preservation of 
historic values and balancing job/housing ratio's in Temecula.
    This notice is provided pursuant to section 10 of the Act and 
National Environmental Policy Act regulations (40 CFR 1506.6). The 
Service will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of National Environmental Policy Act regulations and 
section 10(a) of the Act. If it is determined that the requirements are 
met, a permit will be issued for the incidental take of the listed 
species. The final permit decision will be made following a review of 
all comments received in response to this notice.

    Dated: August 8, 1996.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-20813 Filed 8-14-96; 8:45 am]
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