[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44544-44545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15952]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N087; FXES11140800000-201-FF08ECAR00]


Notice of Availability; Amendment to the Multiple Species 
Conservation Program, County of San Diego Subarea Plan for Otay Ranch 
Village 14 and Planning Areas 16 and 19, San Diego County, California; 
Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of documents; request for public 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt of an application from the County of San Diego (County) to 
amend its existing incidental take permit for the Multiple Species 
Conservation Program (MSCP) County of San Diego Subarea Plan (Subarea 
Plan) for Otay Ranch Village 14 and Planning Areas 16 and 19. Under the 
National Environmental Policy Act, we are making available the draft 
amendment and draft environmental assessment, which evaluates the 
impacts on the human environment associated with the proposed 
amendment. We provide this notice to seek comments from the public and 
Federal, Tribal, State, and local governments.

DATES: To ensure consideration, please send your written comments by 
August 24, 2020.

ADDRESSES:
    Obtaining Documents: You may obtain copies of the documents by the 
following methods:
     Internet: https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html.
     Telephone: 760-431-9440.
    Submitting Comments: You may submit comments by one of the 
following methods. Please include ``Otay Ranch Village 14'' at the 
beginning of your comments.
     U.S. Mail: Carlsbad Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Susan Wynn, Carlsbad Fish and Wildlife 
Office, 760-431-9440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Relay Service (FRS) at 800-877-
8339.

[[Page 44545]]


SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of an application from the County of San 
Diego (County) to amend its existing incidental take permit (PRT-
840414) for the Multiple Species Conservation Program (MSCP) County of 
San Diego Subarea Plan (Subarea Plan) for Otay Ranch Village 14 and 
Planning Areas 16 and 19 (Project). The County is requesting an 
amendment to change the footprint of the Project, as well as add 
incidental take coverage for the federally endangered Quino checkerspot 
butterfly (Euphydryas editha quino) and San Diego fairy shrimp 
(Branchinecta sandiegonensis). The amendment is needed to authorize 
take of listed wildlife species (including harm, death, and injury) 
resulting from covered activities related to the Project. The proposed 
Project encompasses 1,543 acres in the southwestern portion of San 
Diego County, California.
    We also make available an environmental assessment (EA), which 
evaluates the impacts of the proposed Project and the no-action 
alternative. The EA also analyzes the environmental consequences of a 
proposed land disposal and exchange for 219.4 acres of land that was 
acquired, in part, from a Federal cooperative agreement and an 
Endangered Species Act section 6 Habitat Conservation Plan Land 
Acquisition grant.
    We make these documents available under the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.). We provide this notice to seek 
comments from the public and Federal, Tribal, State, and local 
governments.

Background

    Section 9 of the Endangered Species Act of 1973, as amended (Act; 
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take'' 
of fish and wildlife species federally listed as endangered or 
threatened. Take of federally listed fish or wildlife is defined under 
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect listed species, or attempt to engage in such 
conduct (16 U.S.C. 1538). ``Harm'' includes significant habitat 
modification or degradation that actually kills or injures listed 
wildlife by significantly impairing essential behavioral patterns, 
including breeding, feeding, and sheltering (50 CFR 17.3(c)). Under 
limited circumstances, we may issue permits to authorize incidental 
take, which is defined under the Act as take that is incidental to, and 
not the purpose of, otherwise lawful activities. The definition of 
``Take'' under the Act does not apply to plant species; however, plant 
species can be listed on the Federal Permit as Covered Species in 
recognition of the conservation measures provided for them under the 
Plan and to receive ``No Surprises'' regulatory assurances under the 
Federal Permit.

Proposed Action

    The County's existing permit covers 85 species, and the County is 
requesting amended incidental take authorization for covered wildlife 
species related to the change in the Project footprint. Additionally, 
the County is requesting Project-specific incidental take authorization 
for the San Diego fairy shrimp (currently on the permit but with no 
take authorized) and the federally endangered Quino checkerspot 
butterfly (a new Project-specific covered species). Collectively these 
86 species are referred to as ``covered species'' by the Village 14 and 
Planning Areas 16 and 19 amendment. Take authorized for covered 
wildlife species would be effective upon permit issuance.
    The proposed action includes approval of the land disposal/exchange 
and the issuance of an amendment to the Subarea Plan incidental take 
permit to extend incidental take authorization for the Project. The 
proposed action will:
    1. Allow the California Department of Fish and Wildlife Service to 
dispose of 219.4 acres of land to the Project proponent in exchange for 
339.7 acres of land in fee title;
    2. Reclassify 44.5 acres of the Subarea Plan from ``Otay Ranch 
areas where no `take permits' will be authorized'' to ``take authorized 
area,'' to allow for future development;
    3. Reclassify 2.2 acres of the Subarea Plan from ``hardline 
preserve'' to ``take authorized area'';
    4. Provide take authorization for the Quino checkerspot butterfly 
and San Diego fairy shrimp; and
    5. Designate 531.2 acres as ``hardline preserve.''
    In combination, these actions would result in permanent 
conservation of high-quality habitat (connected to other conserved, 
high-value habitat areas) that support listed and/or sensitive plant 
and animal species, and would contribute to the overall conservation 
goals of the region.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2020-15952 Filed 7-22-20; 8:45 am]
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