[Federal Register Volume 62, Number 117 (Wednesday, June 18, 1997)]
[Notices]
[Pages 33099-33101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15920]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Revised Environmental Assessment and Habitat 
Conservation Plan for the Natomas Basin area, Sacramento and Sutter 
Counties, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: On January 15, 1997, the Fish and Wildlife Service published a 
notice of availability of an environmental assessment and receipt of an 
application for an incidental take permit pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended, 
submitted by the City of Sacramento, California, for the Natomas Basin 
Habitat Conservation Plan (Plan). The application has been assigned 
permit number PRT-823773. The proposed permit would authorize the 
incidental take of the federally threatened giant garter snake 
(Thamnophis gigas), Aleutian Canada goose (Branta canadensis 
leucopareia), valley elderberry longhorn beetle (Desmocerus 
californicus dimorphus), and vernal pool fairy shrimp (Branchinecta 
lynchi); and the federally endangered peregrine falcon (Falco 
peregrinus anatum), conservancy fairy shrimp (Branchinecta 
conservatio), longhorn fairy shrimp (Branchinecta longiantenna), and 
vernal pool tadpole shrimp (Lepidurus packardi). The HCP also addresses 
the following federally listed plant species: slender orcutt grass 
(Orcuttia tenuis), hairy orcutt grass (Orcuttia pilosa), Sacramento 
orcutt grass (Orcuttia viscida), and palmate bird's beak (Cordylanthus 
palmatus). The proposed taking of these species would be incidental to 
development for urban uses within the 53,341-acre Natomas Basin in the 
City of Sacramento and Sacramento and Sutter Counties. The proposed 
permit also would authorize future incidental take of the currently 
unlisted California tiger salamander (Ambystoma tigrinum 
californiense), Swainson's hawk (Buteo swainsoni), greater sandhill 
crane (Grus canadensis tubida), bank swallow (Riparia riparia), Boggs 
Lake hedge-hyssop (Gratiaola heterosepala) and Ahart's dwarf flax 
(Juncus leiospermus var. ahartii), among others, should any of these 
species become listed under the Endangered Species Act in the future. 
The permit would be in effect for 50 years.
    During the 45-day public comment period for this Plan, the Service 
received numerous comments on the Plan with respect to the adequacy of 
its conservation program and other issues. The Service and the City of 
Sacramento, working jointly, have since revised the Natomas Basin Plan 
and its associated Implementing Agreement to clarify the Plan's intent 
and, where necessary, to strengthen its conservation program. This 
notice announces the availability of the revised Plan and Implementing 
Agreement for public comment. The Service also announces the 
availability of a revised Environmental Assessment for the Natomas 
Basin Plan incidental take permit application. This notice is provided 
pursuant to section 10(c) of the Endangered Species Act and National 
Environmental Policy Act regulations (40 CFR 1506.6). All comments, 
including names and addresses, received will become part of the 
official administrative record and may be made available to the public.
    Comments are specifically requested on the appropriateness of the 
assurances that would be provided under the Department of Interior's No 
Surprises policy should the permit be issued, as specifically outlined 
in sections 6.9.2-6.9.4 of the Implementing Agreement.

DATES: Written comments on the Habitat Conservation Plan, Environmental 
Assessment and Implementing Agreement should be received on or before 
July 9, 1997.

ADDRESSES: Comments regarding the application or adequacy of the 
Environmental Assessment and Habitat Conservation Plan should be 
addressed to the Fish and Wildlife Service, Sacramento Fish and 
Wildlife Office, 3310 El Camino, Suite 130, Sacramento, California 
95821-6340. Please refer to permit number PRT-823773 when submitting 
comments. Individuals wishing copies of the application, Environmental 
Assessment or Implementing Agreement for review should immediately 
contact the above office. Documents also will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Ms. Cay Goude or Mr. William Lehman, 
Sacramento Fish and Wildlife Office, telephone (916) 979-2725.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and 
Federal regulation prohibit the ``taking'' of a species listed as 
endangered or threatened, respectively. However, the Fish and Wildlife 
Service, under limited circumstances, may issue permits to take listed 
species incidental to, and not the purpose of, otherwise lawful 
activities. Regulations governing permits for threatened species are 
promulgated in 50 CFR 17.32; regulations governing permits for 
endangered species are promulgated in 50 CFR 17.22.

Background

    The Natomas Basin Habitat Conservation Plan addresses development 
within the 53,341-acre Natomas Basin in Sutter and Sacramento Counties, 
California. The Natomas Basin is subject to several

[[Page 33100]]

approved or proposed land use plans that will convert portions of the 
Basin to urban uses. Based on these plans, approximately 17,500 acres 
of undeveloped land is expected to be urbanized during the 50-year term 
of the proposed permit. Development activities may result in take of 
covered species and permanent disturbance to their habitats. In 
addition, the proposed permit would cover incidental take that occurs 
during rice farming activities within the permit area. Rice farming may 
result in take of the giant garter snake because rice fields are used 
as habitat by this species.
    The Natomas Basin Plan establishes a mitigation program for urban 
development and water system operation. The focus of the program is a 
system of mitigation lands which would be managed as wetland and upland 
habitat for the giant garter snake, the Swainson's hawk and other 
covered species. One-half acre of mitigation land would be established 
for every acre of land developed within the Natomas Basin Plan area. 
The mitigation land would be acquired and managed by the Natomas Basin 
Conservancy, a non-profit conservation organization established to 
implement the Plan. Currently, the City of Sacramento is the only 
entity seeking a section 10(a)(1)(B) permit to cover land use approvals 
and public works activities; however, additional entities such as the 
County of Sacramento and the County of Sutter, among others, could 
apply to be added to this permit or apply for separate permits in the 
future.
    Most of the comments received on the Natomas Basin Plan during the 
public comment period centered on several issues or interpretations of 
the Plan: (1) Concern that a mitigation fee cap in the City of 
Sacramento's Plan Implementing Agreement could result in a funding 
inadequacy over the life of the permit; (2) concern that the 
effectiveness of certain mitigation strategies (e.g., use of managed 
marsh as mitigation sites) are unproven and might not result in the 
intended conservation benefits for affected listed species, especially 
the giant garter snake; (3) concern that certain aspects of the Plan 
(e.g., reserve management plans) would be prepared with inadequate 
opportunity for review by the interested public; and (4) the lack of an 
adequate monitoring program. The Service and the City of Sacramento, 
working jointly, have revised the Natomas Basin Plan to clarify its 
intent and, where necessary, to strengthen its conservation program. 
The following is a summary of those revisions.

Covered Species

    The list of species that are specifically addressed under the 
Natomas Basin Plan and would be ``covered'' under the Section 
10(a)(1)(B) permit has been clarified. ``Covered species'' means those 
species for which legal authority to take such species would be 
conferred by the permit. The Plan includes 33 covered species that are 
either federally or state listed, as well as some species that are not 
currently listed but may be in the future. The latter are addressed in 
the Plan and would be covered by the permit at such time as they may be 
listed.

Unlisted Covered Species

    Descriptions of expected program impacts on many currently unlisted 
species covered by the Natomas Basin Plan and conservation measures for 
these species have been expanded and clarified in the Plan.

Mitigation Fee Caps

    The section in the City of Sacramento's draft Implementing 
Agreement for the Plan that established a cap on the mitigation fee 
with respect to the overall mitigation program has been removed. There 
is still a fee cap with respect to any revisions resulting from the 
Service's future Giant Garter Snake Recovery Plan or the Plan's 
Adaptive Management program. Based on this cap, the mitigation fee can 
rise no more than 50 percent over the life of the permit. However, 
there is no fee cap with respect to the fundamental requirement to 
mitigate for habitat losses at a 0.5:1 ratio. In other words, the fee 
must be raised as necessary to maintain habitat acquisitions at the 
half-to-one ratio, irrespective of any other fee cap agreements in the 
HCP.

Program Monitoring

    Biological monitoring under the HCP has been clarified. With 
respect to the giant garter snake, the Plan as before describes several 
potential monitoring methods (e.g., mark-release-recapture studies, 
population viability indices, and transect surveys) as well as the type 
of life history parameters that need to be monitored. Furthermore, the 
HCP now requires appropriate monitoring but leaves specific methods to 
the Natomas Basin Conservancy and its Technical Advisory Committee 
(TAC) to determine. This is allowed because many technical issues of 
the monitoring program need to be worked out and determined based on 
best available information and ongoing research on the giant garter 
snake. In addition, the HCP includes nest site surveys for the 
Swainson's hawk and other monitoring requirements.

Adaptive Management Program

    The HCP now has a much expanded Adaptive Management program as well 
as explicit directions for implementing its Adaptive Management 
provisions. Three aspects of the HCP could result in Adaptive 
Management modifications being adopted over the life of the permit: (1) 
New information resulting from ongoing research on the giant garter 
snake or other covered species; (2) recovery strategies under the 
future Service Giant Garter Snake Recovery Plan that could differ from 
the measures described in the current HCP; and (3) the fact that some 
currently described mitigation measures (e.g., the proportion of rice 
fields to managed marsh and marsh designs) may need to be revised based 
on the Plan's monitoring program. Modifications to the HCP will be 
classified as ``major revisions'' or ``minor revisions'' based on 
descriptions in the Plan. Major revisions would require submission of a 
proposal to the Service and California Department of Fish and Game 
(CDFG) and approval by these agencies. Minor revisions could be 
implemented upon the decision of the Natomas Basin Conservancy, 
provided that the Conservany's TAC concurs. The Service and CDFG would 
have representatives on the TAC.

9,000-Acre Comprehensive Program Review

    In recognition that certain uncertainties exist in the Natomas 
Basin HCP (including the precise levels of development that would occur 
under the Plan, and the precise extent and location of the reserve 
system), the Plan now has a provision requiring a comprehensive program 
review when and if urban development in the Natomas Basin reaches 9,000 
acres. Under this provision, the review will be triggered at 9,000 
acres; during the period of time the review is being conducted, up to, 
but not more than, an additional 3,000 acres may be developed in the 
Basin. The purpose of the review will be to determine whether the HCP 
is performing as expected. The review will consider such aspects as 
status and trends of the covered species, status and effectiveness of 
the reserve system, and status and effectiveness of the Plan's funding 
mechanisms. The review will be conducted by the Natomas Basin 
Conservancy, the Service, and CDFG. It will result in recommendations 
for program modifications under the Adaptive Management provisions or a 
permit amendment, as deemed necessary.

[[Page 33101]]

Natomas Basin Conservancy Activities Open to Public Review

    All pertinent proceedings of the Natomas Basin Conservancy will be 
open to public review. This includes such activities as meetings, 
selection of lands for acquisition for the reserve system, and 
development of management and monitoring plans for reserve lands. There 
are likely to be certain exceptions to these provisions because of 
confidentiality issues in dealing with private landowners and other 
exceptions as provided by State or Federal law, but it is the intention 
of the HCP and the Conservancy to allow public scrutiny of its 
activities and decisions to the maximum extent practicable.
    The Environmental Assessment for the Natomas Basin HCP considers 
the environmental consequences of four alternatives. Alternative 1, the 
proposed action, consists of the issuance of an incidental take permit 
to the City of Sacramento and implementation of the HCP and its 
Implementing Agreement. This alternative is preferred because it 
satisfies the purpose and needs of the U.S. Fish and Wildlife Service 
and the City of Sacramento, and the impacts of urbanization are 
minimized and mitigated by the establishment of habitat reserves. 
Alternative 2 proposes a variable mitigation ratio in which landowners 
with documented occurrences of covered species or ``high quality'' 
habitat would be required to compensate at a higher ratio than 
landowners with no documented occurrences of covered species or ``poor 
quality'' habitat. Alternative 3 is similar to the proposed action 
except that the minimum percentage of mitigation lands to be maintained 
as managed marsh habitat (as opposed to rice farm habitat) would 
increase from 25 to 50 percent. Under Alternative 4, the no action 
alternative, the Service would not issue an incidental take permit and 
development within the Natomas Basin would occur with individual 
development projects mitigating for their impacts independently in an 
unstructured manner.
    This notice is provided pursuant to section 10(c) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
regulations (40 CFR 1506.6). The U.S. Fish and Wildlife 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 Endangered Species 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 no sooner than 30 days 
from the date of this notice.

    Dated: June 12, 1997.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-15920 Filed 6-17-97; 8:45 am]
BILLING CODE 4310-55-P