[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14938-14941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7908]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of the Final Environmental Impact Report/Statement 
for Issuance of Take Authorizations for Threatened and Endangered 
Species Due to Urban Growth Within the Multiple Species Conservation 
Program Planning Area in San Diego County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public of the availability of the 
final Environmental Impact Report/Statement on the proposed issuance of 
incidental take permits for up to 85 species within the Multiple 
Species Conservation Program planning area in San Diego County, 
California. In conjunction with this regional program, the City of San 
Diego has applied to the U.S. Fish and Wildlife Service for an 
incidental take permit; other jurisdictions may apply as well. 
Publication of the Record of Decision and issuance of a permit to the 
City of San Diego will occur no sooner than 30 days from the date of 
this notice. This notice is provided pursuant to regulations 
implementing the National Environmental Policy Act.

ADDRESSES: The documents discussed herein are available for public 
inspection, by appointment, during normal business hours, at the U.S. 
Fish and Wildlife Service Carlsbad Field Office, 2730 Loker Avenue 
West, Carlsbad, California 92008; at the City of San Diego Metropolitan 
Wastewater Department, 600 B Street, Fifth Floor, San Diego, California 
92101; and at public libraries throughout greater San Diego.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Barrett or Ms. Nancy 
Gilbert, Fish and Wildlife Biologists, U.S. Fish and Wildlife Service 
at the above Carlsbad address; telephone (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Copies of the final Environmental Impact Report/Statement and the 
responses to comments can be obtained by contacting the Carlsbad Field 
Office (see ADDRESSES). The responses to comments address revisions 
that were made to the recirculated draft Environmental Impact Report/
Statement, draft Multiple Species Conservation Program Plan, draft City 
of San Diego Subarea Plan, and draft City of San Diego and model 
Implementation Agreements. The responses to comments also address 
revisions that will be made to the other draft subarea plans prior to 
their approval under the Multiple Species Conservation Program. The 
complete application file may be viewed during normal business hours, 
by appointment, at the Carlsbad Field Office (see ADDRESSES). Copies of 
the final Environmental Impact Report/Statement and responses to 
comments are also available for review at the City of San Diego 
Metropolitan Wastewater Department (see ADDRESSES) and public libraries 
in the greater San Diego area. All individuals who requested a copy of, 
or commented on, the draft documents either have been sent copies of 
the final Environmental Impact Report/Statement and responses to 
comments, or an Executive Summary, or

[[Page 14939]]

have been sent a letter announcing availability of these documents.

Background

    Under section 9 of the Endangered Species Act (Act) of 1973, as 
amended, and its implementing regulations, wildlife listed as 
threatened or endangered are protected from ``taking.'' The Act defines 
take, in part, as killing, harming, or harassing listed wildlife. U.S. 
Fish and Wildlife Service (Service) regulations further define harm to 
include significant habitat modification that results in death or 
injury of listed wildlife (50 CFR 17.3). Under section 10 of the Act, 
the Service may issue permits to take listed wildlife if such taking is 
incidental to, and not the purpose of, otherwise lawful activities, 
provided that an approved habitat conservation plan has been prepared. 
Among other criteria, issuance of such permits must not jeopardize the 
existence of listed species, both plant and animal. Regulations 
governing permits are in 50 CFR 17.22 and 17.32.
    On December 10, 1993, the Service issued a final special rule for 
the coastal California gnatcatcher (Polioptila californica 
californica), pursuant to section 4(d) of the Act (58 FR 65088). 
Incidental take of the gnatcatcher is allowed under the special rule if 
such take results from activities conducted under a plan prepared 
pursuant to the Natural Community Conservation Planning Act of 1991, 
and the associated Process Guidelines and the Southern California 
Coastal Sage Scrub Conservation Guidelines. The special rule also 
requires Federal approval of the joint Natural Community Conservation 
Plan/Habitat Conservation Plan. The Multiple Species Conservation 
Program Plan is a joint Natural Community Conservation Plan/Habitat 
Conservation Plan.
    On August 18, 1996, the City of San Diego submitted an application 
for a 50-year incidental take permit to the Service. The application 
included the regional Multiple Species Conservation Program Plan, draft 
City of San Diego Subarea Plan, and a City of San Diego Implementing 
Agreement based upon a model Implementing Agreement for the entire 
program. Draft subarea plans were also included for the County of San 
Diego, Otay Water District, and cities of Chula Vista, Coronado, Del 
Mar, and Santee. These jurisdictions and the Otay Water District may 
apply for permits in the future in conjunction with the regional 
Multiple Species Conservation Program Plan. Should these jurisdictions 
apply for individual permits, the final Environmental Impact Report/
Statement would be used to support their State and Federal 
environmental documentation requirements.
    Under the proposed action, incidental take permits would be issued 
by the Service subject to the terms and conditions of the Multiple 
Species Conservation Program Plan, Subarea Plans, and individual 
Implementing Agreements. The proposed permits would authorize the 
incidental take of up to 85 species, now or in the future, including 13 
listed animal species: the threatened coastal California gnatcatcher, 
western snowy plover (Charadrius alexandrinus nivosus), bald eagle 
(Haliaeetus leucocephalus), and red-legged frog (Rana aurora draytoni); 
and the endangered Riverside fairy shrimp (Streptocephalus wootoni), 
San Diego fairy shrimp (Branchinecta sandiegonensis), California brown 
pelican (Pelecanus occidentalis californicus), American peregrine 
falcon (Falco peregrinus anatum), light-footed clapper rail (Rallus 
longirostris levipes), California least tern (Sterna antillarum), 
southwestern willow flycatcher (Empidonax traillii extimus), least 
Bell's vireo (Vireo bellii pusillus), and southwestern arroyo toad 
(Bufo microscaphus californicus). Unlisted species would be named on 
permits, with incidental take becoming effective concurrent with 
listing, should they be listed in the future. Plants also would be 
named on permits, to the extent that their take is prohibited under the 
Endangered Species Act.
    Consistent with the Department of the Interior's ``No Surprises'' 
policy, the plan proponents also request assurances of no further land 
or financial compensation for the 85 species covered by the plan: 13 
listed animals, 7 listed plants, 7 plant species proposed for listing, 
and 58 other plant and animal species within the planning area. The 
Multiple Species Conservation Program Plan is designed to conserve all 
85 species according to standards required for species listed under the 
Endangered Species Act.
    Although the Multiple Species Conservation Program Plan has focused 
on coastal sage scrub habitat, in keeping with the legislative intent 
of the California Natural Community Conservation Planning Act of 1991 
to protect multiple habitat types, the plan proponents propose to 
conserve 23 additional vegetation types. Species not covered by the 
plan could be amended to the permit in the future, provided adequate 
conservation was provided and following a public review process. For 
vegetation communities that are sufficiently conserved by the plan, the 
Service and California Department of Fish and Game (together referred 
to as wildlife agencies) would provide (using all of their legal 
authorities and subject to the availability of appropriated funds) for 
the conservation and management of habitat for an uncovered species at 
a level which would allow the species to be amended to the permit 
should the species become listed. For vegetation communities that are 
significantly conserved by the plan, the wildlife agencies and 
permittees would contribute in partnership toward conservation and 
management needed to amend such species to the permit. Seventeen of the 
24 vegetation types are sufficiently or significantly conserved by the 
plan.
    The Multiple Species Conservation Program planning area (excluding 
military land) encompasses approximately 554,300 acres (900 square 
miles), of which about 297,600 acres (54 percent) remain as natural 
habitats that are subject to intense development pressure. Take would 
be authorized on approximately 173,700 acres of vacant land, of which 
130,000 acres is habitat and 43,700 acres is disturbed or agricultural 
land.
    The plan proponents propose to avoid and minimize take through 
local land-use regulation, environmental review, and resource 
protection guidelines that limit encroachment onto sensitive biological 
resources. Unavoidable take would be mitigated by establishing a 
preserve of approximately 171,900 acres within the boundaries of a 
Multiple Habitat Planning Area containing 24 vegetation communities. 
Lands would be acquired from willing sellers. Preserve lands that are 
publicly owned would be managed according to comprehensive long-term 
management plans that would address issues such as fire management, 
grazing management, control of predators and exotic species, 
recreation/public access management, and vegetative restoration and 
reintroduction.
    The preserve would be assembled incrementally in conjunction with 
development. All private and public development projects that impact 
habitats of covered species would individually fund their own 
mitigation actions to protect other habitats in the preserve. 
Participating local governments would manage existing public lands in 
conformance with the plan. Local jurisdictions also would acquire and 
manage 13,000 acres of additional lands (a small percentage of the 
preserve) through a regional funding source that must be approved by 
the voters. To complement the preserve, and help assure that regional 
ecosystem management goals are met, the Federal

[[Page 14940]]

and State governments would conserve and manage 36,510 acres of 
existing lands and acquire and manage 13,500 additional acres as part 
of the preserve.
    Under the proposed action, section 10(a)(1)(B) permits would be 
issued by the Service subject to the terms and conditions of the 
Multiple Species Conservation Program Plan, Subarea Plans, and 
Implementing Agreements. The proposed permits would authorize the 
incidental take of 85 species, as described above. Should take 
authorizations be approved in conjunction with the Multiple Species 
Conservation Program Plan, each jurisdiction would then exercise its 
land-use review and approval powers in accordance with its Implementing 
Agreement, Subarea Plan and the Multiple Species Conservation Program 
Plan. The five percent limit on interim loss of coastal sage scrub 
while plans are being developed, imposed as part of the Natural 
Community Conservation Planning Program and special section 4(d) rule 
for the Coastal California gnatcatcher, would be replaced by the 
conditions of each jurisdiction's permit and Implementing Agreement.

Development of the Final Environmental Impact Report/Statement

    To assure compliance with the purpose and intent of the National 
Environmental Policy Act and the California Environmental Quality Act, 
the final Environmental Impact Report/Statement was developed 
cooperatively by the U.S. Fish and Wildlife Service Carlsbad Field 
Office (lead Federal agency) and the City of San Diego (lead local 
agency). On March 6, 1995, the Service published in the Federal 
Register a Notice of Intent to prepare a joint Environmental Impact 
Report/Statement (60 FR 12246). This notice also advertised a joint 
public scoping meeting, held March 15, 1995. The scoping process was 
initiated in accordance with the National Environmental Policy Act to 
solicit comments from a variety of Federal, State, and local entities 
on issues/alternatives to be addressed in the Environmental Impact 
Report/Statement. On May 12, 1995, a Notice of Availability of the 
draft Environmental Impact Report/Statement was published in the 
Federal Register (60 FR 25734). The initial 45-day comment period was 
extended to 60 days (60 FR 32990). Public comments resulted in changes 
to the Multiple Species Conservation Program Plan, necessitating new 
analyses in the draft Environmental Impact Report/Statement. On August 
30, 1996, a Notice of Availability of the recirculated draft 
Environmental Impact Report/Statement, and notice of receipt of an 
application from the City of San Diego for an incidental take permit 
associated with the Multiple Species Conservation Program was published 
in the Federal Register (61 FR 45983). In response to requests for 
extensions, this 45-day comment period also was extended to 60 days (61 
FR 54675).
    The Service received 119 letters of comment on the permit 
application and recirculated draft Environmental Impact Report/
Statement. Issues included: (1) Species analysis approach, (2) adequacy 
of preserve design and linkages, (3) species and habitat assurances, 
(4) biological monitoring criteria and performance measures, (5) 
agricultural, grazing, and mining issues, (7) requests for specific 
changes to subarea plans, (8) alternatives, (9) revisions to the draft 
Implementing Agreement, (10) economic impacts, and (11) length, 
complexity, and organization of the documents, among other issues. 
Copies of all comments received and responses to those comments are 
available for public review (see ADDRESSES). The recirculated draft 
Environmental Impact Report/Statement, draft Multiple Species 
Conservation Program Plan, draft City of San Diego Subarea Plan, and 
draft City of San Diego and model Implementation Agreements have been 
revised, where appropriate, based on public comments. Subarea Plans for 
the other jurisdictions and the Otay Water District will be revised 
prior to approval under the Multiple Species Conservation Program Plan. 
No new issues or additional significant impacts were identified as a 
result of public comment on the draft recirculated Environmental Impact 
Report/Statement.

Alternatives Analyzed in the Final Environmental Impact Report/
Statement

    Due to the scale of the Multiple Species Conservation Planning 
Program, the lead agencies assessed various preserve configuration 
alternatives. Five alternatives were advanced for detailed analysis in 
the final Environmental Impact Report/Statement: (1) Proposed project 
alternative (approve and implement the Multiple Species Conservation 
Program Plan that would establish a preserve within the Multi-Habitat 
Planning Area), (2) no project/no action alternative, (3) coastal sage 
scrub alternative, (4) biologically preferred alternative, and (5) 
public lands alternative. Each alternative was evaluated for its 
potential to result in significant adverse environmental impacts and 
the adequacy or inadequacy of the proposed measures to avoid, minimize, 
and substantially reduce and mitigate such negative effects.
    The preferred action of the U.S. Fish and Wildlife Service is 
approval of the Multiple Species Conservation Program Plan and issuance 
of incidental take permits with the mitigating, minimizing, and 
monitoring measures outlined in the proposed project alternative. (See 
Background section for a description of this alternative.)
    Under the no action or no project alternative, the regional 
Multiple Species Conservation Program Plan would not be implemented. 
Jurisdictions would either avoid take of listed species within the 
planning area or apply for individual permits under section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended, 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. Analyses indicate that the amount of land potentially 
conserved within the Multiple Species Conservation Program planning 
area under the no action alternative would be similar to that conserved 
under the proposed action (Multiple Habitat Planning Area). 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 coordination with a regional preserve design.
    The coastal sage scrub alternative would conserve 84,900 acres and 
26 species. This alternative would include 21 vegetation types, 
providing adequate protection for 2 types, neither of which is rare.
    The biologically preferred alternative would conserve 167,000 acres 
and 73 species. This alternative would include 24 vegetation types, 
adequately protecting 9. Of these 9 vegetation types, 7 are considered 
rare.
    The public lands alternative would conserve 147,000 acres and 35 
species. This alternative would include 24 vegetation types and 
adequately protect 6, all 6 of which are rare.
    The underlying goal of the proposed project alternative is to 
implement ecosystem-based conservation measures aimed at the protection 
of multiple species and multiple vegetation types on a regional scale, 
while accommodating compatible development. The Multiple Species 
Conservation Program Plan would result

[[Page 14941]]

in the implementation of a comprehensive preserve strategy for coastal 
sage scrub and related vegetation types in the subregion, that is 
expected to provide long-term benefits to the coastal California 
gnatcatcher and 84 other covered species and their habitats. The 
Service intends to approve the Multiple Species Conservation Plan, the 
City of San Diego Subarea plan, and issue an incidental take permit to 
the City of San Diego. Should the other plan proponents submit permit 
applications, these applications would be announced in the Federal 
Register in the future.
    This notice is provided pursuant to regulations implementing the 
National Environmental Policy Act (40 CFR 1506.6). Publication of the 
Record of Decision and issuance of a permit to the City of San Diego 
will occur no sooner than 30 days from the date of this notice.

    Dated: March 24, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-7908 Filed 3-27-97; 8:45 am]
BILLING CODE 4310-55-P