[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63147-63149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25727]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Environmental Assessment and Application for an Incidental Take
Permit for the Multiple Species Conservation Program, Chula Vista, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of receipt.
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SUMMARY: The City of Chula Vista, California, has applied to the Fish
and Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act).
The proposed 50 year permit would authorize incidental take of 13
threatened or endangered animal species, one animal species proposed to
be listed as threatened, and 26 currently unlisted animal species of
concern in the event that these species become listed during the term
of the permit. The permit would also ``cover'' 14 listed plant species,
the take of which is not prohibited under federal law, in recognition
of the conservation benefits provided to these species under the
Subarea Plan. The permit application includes the Multiple Species
Conservation Program (MSCP) Subarea Plan for the City of Chula Vista,
an Implementing Agreement that serves as a legal agreement, Draft
Implementing Ordinances, and additional supporting documents.
Pursuant to the National Environmental Policy Act, a draft
Environmental Assessment for our proposed action of issuing a permit to
the City of Chula Vista is also available for public review. This
assessment was combined in one document with a draft Supplemental
Environmental Impact Report to satisfy requirements of the California
Environmental Quality Act. We request comments on this document and the
permit application documents.
DATES: We must receive your written comments on or before December 9,
2002.
ADDRESSES: Send comments to Mr. Jim Bartel, Field Supervisor, U.S. Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 2730 Loker
Avenue West, Carlsbad, California 92008. You may also submit comments
by facsimile to (760) 431-9624.
FOR FURTHER INFORMATION CONTACT: Mr. Gjon Hazard, Fish and Wildlife
Biologist, at the above address; telephone (760) 431-9440, extension
287.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may request copies of the documents by contacting the Carlsbad
Fish and Wildlife Office (see ADDRESSES). You also may view the
documents, by appointment, during normal business hours (8 a.m. to 5
p.m.), Monday through Friday at this same address. Alternatively, you
may view the documents at the following
[[Page 63148]]
locations within the City of Chula Vista: Chula Vista Planning
Department, 276 Fourth Avenue; Chula Vista Main Library, 365 F Street;
Eastlake Branch Library, 1120 Eastlake Parkway; and South Chula Vista
Library, 389 Orange Avenue.
Background
Section 9 of the Act and Federal regulation prohibit the ``take''
of animal species listed as endangered or threatened. That is, no one
may harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or
collect listed animal species, or attempt to engage in such conduct (16
U.S.C. 1538). ``Harm'' is defined by regulation to include significant
habitat modification or degradation that actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering (50 CFR 17.3). Under certain
circumstances, we may issue permits to authorize ``incidental'' take of
listed animal species (defined by the Act as take that is incidental
to, and not the purpose of, the carrying out of an otherwise lawful
activity). Regulations governing permits for threatened and endangered
species are at 50 CFR 17.32 and 50 CFR 17.22, respectively.
The City of Chula Vista is seeking a 50-year incidental take permit
from us for 86 species on approximately 3,754 acres of habitat within
the 33,045-acre Chula Vista Subarea (24,601 acres of which are already
developed or non-habitat lands). The proposed permit would authorize
incidental take of nine endangered and three threatened animal species:
Riverside fairy shrimp (Streptocephalus woottoni), San Diego fairy
shrimp (Branchinecta sandiegonensis), Quino checkerspot butterfly
(Euphydryas editha quino), arroyo toad (Bufo californicus), California
brown pelican (Pelecanus occidentalis californicus), light-footed
clapper rail (Rallus longirostrus levipes), bald eagle (Haliaeetus
leucocephalus), California least tern (Sterna antillarum browni),
western snowy plover (Charadrius alexandrinus nivosus), southwestern
willow flycatcher (Empidonax traillii extimus), least Bell's vireo
(Vireo bellii pusillus), coastal California gnatcatcher (Polioptila
californica californica), and California red-legged frog (Rana aurora
draytoni). The California red-legged frog is not anticipated to occur
in the Chula Vista Planning Area and take of the frog is not
anticipated under the Chula Vista Subarea Plan, it has the potential to
occur in other MSCP participating jurisdictions. While the red-legged
frog is primarily addressed through those jurisdictions' approved
Subarea Plans, it may also benefit from the Chula Vista Subarea Plan's
contribution to the system of complementary and interlinked preserves
created under the MSCP.
The take prohibitions of the Act do not apply to listed plants,
although Section 9 of the Act does prohibit certain acts, including the
removal or destruction of listed plants in violation of State law.
Although take of listed plants is not prohibited under the Act, we
propose to name five endangered and three threatened plant species on
the permit in recognition of the conservation measures and benefits
that would be provided to them under the proposed Subarea Plan
exclusively or under the proposed Subarea Plan in conjunction with the
approved Subarea plans for other jurisdictions participating in the
MSCP. These species are: salt marsh bird's-beak (Cordylanthus maritimus
ssp. maritimus), San Diego button-celery (Eryngium aristulatum var.
parishii), San Diego ambrosia (Ambrosia pumila), Otay Mesa mint
(Pogogyne nudiuscula), California orcutt grass (Orcuttia californica),
Otay tarplant (Deinandra conjugens), San Diego thornmint (Acanthomintha
ilicifolia), and spreading navaretia (Navarretia fossalis). An
additional four endangered plants and two threatened plants are not
anticipated to be found in the Chula Vista Planning Area, but are
included in the Subarea Plan and are named on the permits. These
species are primarily conserved through other jurisdictions' MSCP
Subarea Plans. The preserve created under the Chula Vista Subarea Plan,
which is interlinked and designed to complement the reserve lands
created through other approved subarea plans, will indirectly benefit
these plant species. These species are: San Diego mesa mint (Pogogyne
abramsii), Nevin's barberry (Berberis nevinii), coastal dune milk vetch
(Astragalus tener var. titi), Del Mar manzanita (Arctostaphylos
glandulosa ssp. crassifolia), thread-leaved brodiaea (Brodiaea
filifolia), and Encinitas baccharis (Baccharis vanessae). Additionally
there are 59 unlisted species of concern that are included in the
City's MSCP Subarea Plan, including 27 animal species (including one
species already proposed to be listed as threatened) for which take
authorization under the permit would become effective in the event that
these animal species become listed during the term of the permit. Plant
species covered by the City of Chula Vista's Plan would be identified
on the permit in recognition of the conservation benefits provided for
these species under the plan.
The permit application from the City of Chula Vista includes a
Subarea Plan that qualifies as both a Habitat Conservation Plan
pursuant to Federal law and a Natural Community Conservation Plan
pursuant to State law. On December 10, 1993, we issued a final special
rule for the coastal California gnatcatcher pursuant to section 4(d) of
the Act (58 FR 65088). The rule allows incidental take of the
gnatcatcher if such take results from activities conducted under a plan
prepared pursuant to the state of California's Natural Community
Conservation Planning Act of 1991, its associated Process Guidelines,
and the Southern California Coastal Sage Scrub Conservation Guidelines.
Consistent with the Conservation Guidelines, while planning for natural
communities is underway, the special rule allows interim loss of no
more than five percent of the coastal sage scrub habitat in specified
areas (subregions).
To mitigate the impact of urban development over a 50-year period,
the City of Chula Vista would require project-level impact avoidance
and minimization measures, and would assemble a preserve of
approximately 4,993 acres. The majority of the preserve (4,860 acres)
consists of ``hard-lined'' areas designated for 100 percent
conservation. Up to 133 acres would be conserved on lands designated as
75 to 100 percent conservation areas. An additional 4,250 acres would
be conserved outside of the City of Chula Vista's Subarea for impacts
that would occur within the City's Subarea. Total conservation within
the MSCP Subregional Preserve as a result of the City of Chula Vista's
Subarea Plan is estimated to be 9,243 acres. The preserve within the
City's Subarea would contain, at a minimum, the following habitats:
Coastal sage scrub (2,418 acres), maritime succulent scrub (190 acres),
chaparral (28 acres), grassland (896 acres), oak woodland (2 acres),
eucalyptus woodland (18 acres), southern coastal salt marsh (202
acres), freshwater/alkali marsh (14 acres), riparian forest (10 acres),
riparian/tamarisk scrub (594 acres), open water/freshwater (24 acres),
disturbed wetlands (15 acres), natural flood channel (146 acres), and
other non-habitat lands (436 acres).
Should we approve the City of Chula Vista's Subarea Plan and issue
an incidental take permit to the City of Chula Vista, the five percent
limit on interim loss of coastal sage scrub, imposed as part of the
Natural Community Conservation Planning
[[Page 63149]]
Program and the special rule for the gnatcatcher, would be replaced by
the conditions of the permit and the Implementation Agreement. Chula
Vista would then exercise its land-use review and approval powers in
accordance with the Permit, Subarea Plan, and Implementation Agreement
to implement the City of Chula Vista's Subarea Plan and assemble its
preserve. The City would amend its General Plan to include the MSCP
Subarea Plan as a new element of the General Plan and would create
overlay zones to implement the General Plan land use designations.
Additionally, the City of Chula Vista would use its local
regulatory authority to create or modify ordinances to implement the
City's MSCP Subarea Plan. A new Habitat Loss and Incidental Take (HLIT)
ordinance would be created to establish conservation and development
standards for those development areas outside of Covered Projects
(i.e., specific projects identified in the Subarea Plan that would be
covered for incidental take pursuant to the proposed incidental take
permit). The HLIT ordinance would also provide local regulations for
narrow endemic species and wetlands. A new Grazing ordinance would
codify the management goals of the Otay Ranch Range Management Plan.
The City would also amend its existing Grading ordinance to provide
regulations for clearing and grubbing of sensitive habitats and require
compliance with the City's MSCP Subarea Plan prior to grading of
sensitive habitat.
Our Environmental Assessment considers the City of Chula Vista's
MSCP Subarea Plan, as revised since the preparation of the Final
Environmental Impact Report/Environmental Impact Statement (EIR/EIS),
certified in 1997 for the MSCP Subregional Plan and associated
implementing Subarea Plans, which included the City of Chula Vista's
Subarea Plan. The Final EIR/EIS evaluated a range of alternatives based
on the preserve contributions of the City of Chula Vista's Subarea Plan
as well as the subarea plans of other participating jurisdictions. The
Multiple Habitat Planning Area (MHPA) Alternative was ultimately
adopted with the approval of the MSCP Subregional Plan. Because both
the City of San Diego and County of San Diego have been implementing
the MHPA Alternative through their respective Subarea Plans since 1997
and 1998, respectively, we did not evaluate additional alternatives in
the Environmental Assessment. Instead, the Environmental Assessment
focuses on the substantive changes that have occurred to the City of
Chula Vista's MSCP Subarea Plan. These include: (1) The addition of
Quino checkerspot butterfly to the list of covered species as a result
of the Subarea Plan's Quino checkerspot butterfly Recovery Component,
(2) the expansion of the preserve as a result of adding lands not
previously identified for conservation, and (3) implementation
assurances resulting from the Subarea Plan's associated Implementing
Agreement and implementing ordinances.
The Environmental Assessment compares these changes to the No
Action Alternative. Under the No Action Alternative, the Service would
not approve the Chula Vista Subarea Plan and would not issue a permit
to Chula Vista. Project proponents would either avoid take of listed
animal species within the Chula Vista Subarea Plan boundary or would
need to address take of listed animal species on a project-by-project
basis. The latter could occur either through an individual incidental
take permit, or if there is Federal involvement with the project (for
example, a permit or funding), through the formal consultation process.
Existing land use and environmental regulations would apply to all
projects within the Chula Vista Subarea.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and regulations for implementing the National Environmental
Policy Act of 1969 (40 CFR 1506.6). All comments received, including
names and addresses, will become part of the administrative record and
may be made available to the public. We will evaluate the permit
application, Environmental Assessment, associated documents, and
comments submitted thereon to determine whether the application meets
the requirements of section 10(a) of the Endangered Species Act. If we
determine that the requirements are met, we will issue an incidental
take permit to the City of Chula Vista. We will make a decision on
permit issuance no sooner than 60 days from the date of this notice.
Dated: October 3, 2002.
Richard L. Hadley,
Acting Deputy Manager, Region 1, California/Nevada Operations Office,
Sacramento, California.
[FR Doc. 02-25727 Filed 10-9-02; 8:45 am]
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