Availability of a Draft Environmental Impact Report/Environmental Impact Statement for Issuance of a Permit to Allow Incidental Take of Threatened and Endangered Species Within the Multiple Species Conservation Program Planning Area in San Diego County, CA

DEPARTMENT OF THE INTERIOR

Availability of a Draft Environmental Impact Report/Environmental

Impact Statement for Issuance of a Permit to Allow Incidental Take of

Threatened and Endangered Species Within the Multiple Species

Conservation Program Planning Area in San Diego County, CA

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of a draft joint

Environmental Impact Report/Environmental Impact Statement (DEIR/DEIS)

for the proposed incidental take of species listed pursuant to the

Endangered Species Act of 1973, as amended (Act). The proposed take

would occur due to urban development in southwestern San Diego County,

California. The County of San Diego and cities of San Diego, Chula

Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Lemon

Grove, National City, Poway, and Santee (applicants) intend to apply to

the U.S. Fish and Wildlife Service (Service) for incidental take

permits pursuant to section 10(a)(1)(B) of the Act.

The Service anticipates that the applicants will request permits

for 10 listed animals: the threatened Western snowy plover (Charadrius

alexandrinus nivosus) and coastal California gnatcatcher (Polioptila

californica californica); and the endangered Riverside fairy shrimp

(Streptocephalus woottoni), California brown pelican (Pelecanus

occidentalis californicus), bald eagle (Haliaeetus leucocephalus),

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 Pacific pocket mouse (Perognathus longimembris

pacificus).

The Service also anticipates that the applicants will request

covered species agreements for 3 endangered plants, 4 plants and 1

animal proposed for listing, and 39 other unlisted species (26 plants,

9 birds, 2 reptiles, 1 mammal, and 1 invertebrate). The exact number of

species included in these covered species agreements may change between

the draft and final EIR/EIS. The purpose of the agreements is to

conserve listed and unlisted species, thereby reducing the uncertainty

associated with development and future species' listings.

The programmatic DEIR/DEIS evaluates the effects on the human

environment expected to occur from proposed issuance of the permits and

covered species agreements. Incidental take would be minimized and

mitigated by implementation of the regional Multiple Species

Conservation Program (MSCP) plan. This notice is provided pursuant to

section 10(c) of the Act and National Environmental Policy Act

regulations (40 CFR 1506.6).

In addition, Federal approval of the MSCP plan is required as part

of the special 4(d) rule for the California gnatcatcher. Incidental

take of the gnatcatcher is allowed under section 4(d) of the Act if

take results from activities conducted pursuant to the California

Natural Community Conservation Planning (NCCP) Act, the NCCP Process

Guidelines, and the NCCP Southern California Coastal Sage Scrub

Conservation Guidelines.

DATES: Written comments on the DEIR/DEIS should be received on or

before June 26, 1995.

ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field

Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue,

Carlsbad, California 92008. Comments also may be sent by facsimile to

telephone (619) 431-9618.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Gilbert, Fish and Wildlife

Biologist, at the above address, telephone (619) 431-9440. Individuals

wishing copies of the DEIR/DEIS should immediately contact Ms. Gilbert.

Copies of the DEIR/DEIS have been sent to City and County libraries in

the greater San Diego area, and to all agencies and individuals who

participated in the scoping process or requested copies. In addition,

copies of the draft MSCP Plan are available at public libraries and can

be obtained by contacting the City of San Diego Clean Water Program,

600 B Street, Suite 500, San Diego, California 92101, telephone (619)

533-4200. Upon receipt of an official permit application, the Service

will officially announce availability of the final MSCP Plan for public

review as required by section 10(c) of the Act.

SUPPLEMENTARY INFORMATION: Under section 9 of the Act 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. Service regulations

further define harm to include significant habitat modification that

results in death or injury of listed wildlife (50 CFR 17.3). Under

limited circumstances, the Service may issue permits to take listed

wildlife if such taking is incidental to, and not the purpose of,

otherwise lawful activities. The taking prohibitions of the Act do not

apply to listed plants on private lands unless such take would violate

State law. Regulations governing permits are in 50 CFR 17.22 and 17.32.

Under section 10(a)(1)(B) of the Act, the Service may issue incidental

take permits for listed animals with an approved conservation plan.

Among other criteria, issuance of such permits must not jeopardize the

existence of listed species, both plant and animal.

The proposed action would allow incidental take of listed animals

over a 30-year period. Take would occur on approximately 314,900 acres

of habitat within the 581,600-acre planning area. Approximately 102,400

acres of the planning area is already developed. To mitigate the

impacts of the proposed take, the applicants propose establishment of a

164,300-acre preserve within the boundaries of a Multiple Habitat

Planning Area (MHPA). According to the draft MSCP plan, 24 habitats

would be conserved under the [[Page 25735]] MHPA, including 6 rare or

protected habitats. Fifty-seven species are proposed to be adequately

protected under the MHPA. The Service would issue incidental take

permits for listed animal species and covered species agreements for

listed and unlisted plant and animal species that are adequately

protected.

The DEIR/DEIS considers the environmental consequences of 5

alternatives, including the proposed action and no action alternatives.

Under the no action or no project alternative, the regional MSCP would

not be implemented. Jurisdictions would either avoid take of listed

species within the planning area or apply for individual 10(a) permits

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 MSCP planning area under the no action

alternative would be similar to that conserved under the proposed

action (MHPA). 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.

Other alternatives consider different preserve configurations. The

coastal sage scrub (CSS) scenario would conserve 84,900 acres.

According to the MSCP plan, CSS would include 21 habitats, providing

adequate protection for 2 habitats, neither of which is rare. Twenty-

six species would be covered under CSS. The biologically preferred (BP)

scenario would conserve 167,000 acres. According to the MSCP plan, BP

would include 24 habitats, adequately protecting 9. Of these 9

habitats, 7 are considered rare. Seventy-three species are proposed to

be adequately protected under BP. The public lands (PL) scenario would

conserve 147,000 acres. According to the MSCP plan, PL would include 24

habitats and adequately protect 6, all of which are rare. Thirty-five

species are proposed to be adequately protected under PL.

Local jurisdictions would implement their respective portions of

the MSCP plan. Preserve establishment would be a cooperative effort

among Federal, State, and local governments and private landowners.

These groups would manage habitat on certain lands they currently own

and on additional lands acquired for the preserve. Additional lands

within the preserve would be acquired as compensation for impacts to

habitat both inside and outside the preserve.

In addition to off-site mitigation, take within the preserve would

be avoided or minimized through local land-use regulation,

environmental review, and resource protection guidelines. Land-use

regulations would emphasize avoidance by limiting encroachment onto

sensitive biological resources. Long-term preserve management plans

would be prepared to address habitat management and land-use issues.

The MSCP plan provides guidelines for vegetative restoration and

reintroduction, fencing, signs, fire management, grazing, predator and

exotic species control, insects and disease, lighting, and other

factors.

Each jurisdiction would sign an individual implementing agreement

(IA) with the Service and California Department of Fish and Game to (1)

obtain permits to take listed animals, (2) obtain covered species

agreements and assurances for listed plants and unlisted plants and

animals, and (3) identify the specific responsibilities of each party

in implementing the MSCP plan. Each jurisdiction would then exercise

its land-use review and approval powers in accordance with its IA and

the MSCP. The 5 percent limit on interim take of coastal sage scrub,

imposed as part of the NCCP program and special 4(d) rule, would be

replaced by the conditions of each jurisdiction's IA.

Each jurisdiction would be expected to adopt the final

configuration of the MSCP preserve within its boundary and adopt the

recommendations of the MSCP through amendment of its General plan or

other applicable plans. Zoning would be retained or properties rezoned,

as needed, and zoning regulations amended to reflect the preserve

boundaries and to achieve consistency with the MSCP plan. The MSCP

guidelines for compatible land uses in and adjacent to the preserve are

expected to be incorporated into the General Plan, zoning regulations,

and approval process for projects, including adoption of appropriate

mitigation guidelines. Procedures and regulations for interim controls

will be necessary to address activities that would potentially impact

sensitive habitats prior to issuance of permits to individual

jurisdictions.

Dated: May 4, 1995.

Thomas Dwyer,

Deputy Regional Director, Region 1, Portland, Oregon

[FR Doc. 95-11630 Filed 5-11-95; 8:45 am]

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