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

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.

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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]

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