97-28871. Availability of an Environmental Assessment and Receipt of an Application From the City of La Mesa, California, for an Incidental Take Permit

[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 58976-58977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28871]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application From the City of La Mesa, California, for an Incidental 
Take Permit

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: The City of La Mesa, California, has applied to the Fish and 
Wildlife Service for a 50-year permit to incidentally take the 
threatened coastal California gnatcatcher (Polioptila californica 
californica) and up to 84 other species pursuant to section 10(a)(1)(B) 
of the Endangered Species Act. Take would occur due to urban growth 
within the City of La Mesa. The application includes a Subarea Plan 
(City of La Mesa Subarea Habitat Conservation Plan/Natural Community 
Conservation Plan) and an Implementing Agreement. The La Mesa Subarea 
Plan is intended to complement and be consistent with regional planning 
efforts under the approved Multiple Species Conservation Program for 
southwestern San Diego County, California. In response to the permit 
application, the Service has prepared an Environmental Assessment 
pursuant to the National Environmental Policy Act. This assessment and 
the permit application are available for public review and comment. The 
Service specifically requests comment on the appropriateness of the 
``No Surprises'' assurances contained in the application (sections 9.4, 
9.5, 9.6, 9.7, and 9.18 of the Implementing Agreement).

DATES: Written comments on the La Mesa Subarea Plan, Environmental 
Assessment, and Implementing Agreement should be received by the 
Service on or before December 1, 1997.

ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field 
Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008. Written comments may be sent by facsimile 
to [phone].

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Gilbert, Supervisory Fish 
and Wildlife Biologist, at the above address, telephone [phone].

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Persons wishing copies of the documents or additional background 
material should contact Mr. Brad Richter, Environmental Review 
Coordinator, City of La Mesa, Planning Department, 8130 Allison Avenue, 
La Mesa, California 91944-0937, telephone [phone]. Documents 
also will be available for public inspection, by appointment, during 
normal business hours, Monday through Friday, at the City of La Mesa 
Planning Department Office and at the Carlsbad Fish and Wildlife 
Service Office (see ADDRESSES).

Background

    Section 9 of the Endangered Species Act prohibits the taking of 
endangered and threatened species. Under limited circumstances, 
however, the Service may issue permits to take endangered and/or 
threatened species incidental to,

[[Page 58977]]

and not the purpose of otherwise lawful activities. Regulations 
governing permits for endangered and threatened species are at 50 CFR 
17.22 and 17.32.
    Under the proposed action, the Service would issue an incidental 
take permit for up to 85 species as described in the La Mesa Subarea 
Plan. Approximately 122 of the 179 acres of undeveloped land within La 
Mesa would be developed, primarily within the proposed Eastridge 
subdivision. Project-level biological surveys would be required for all 
future development proposals that would result in loss of native 
habitats due to grading and development. The direct impacts to coastal 
sage scrub habitat and other sensitive vegetation communities and 
associated species would be mitigated through the acquisition of off-
site, in-kind habitat at a 1:1 ratio for all upland habitats (except 
southern maritime chaparral, native grassland, and oak woodlands, which 
have not been identified within the City but would require in-kind 
mitigation at a 2:1 ratio if identified within an area to be impacted). 
Offsite habitat would be acquired within an identified preserve area, 
either in the City of Poway, California, consistent with the approved 
Poway Subarea Habitat Conservation Plan, or in another location as 
approved by the Service and California Department of Fish and Game. The 
La Mesa Subarea Plan is intended to be consistent with, and to 
complement, the Poway Subarea Plan and the regional Multiple Species 
Conservation Program plan (Regional Plan).
    In July 1997, the Service approved the Regional Plan. This long-
term plan was prepared by the City of San Diego and 11 other 
participating jurisdictions, including La Mesa. The Regional Plan 
covers an approximately 900-square-mile area (580,000 acres) of rapid 
growth within the highly urbanized setting of southwestern San Diego 
County. The Regional Plan establishes a mechanism for creation of an 
approximate 172,000-acre preserve system that would conserve numerous 
sensitive plant and animal species and their habitats.
    The existing 179 acres of coastal sage scrub in La Mesa comprises 
0.2 percent of the total coastal sage scrub mapped in the regional 
planning area. The habitat in La Mesa is not included in the planning 
area of the regional preserve system due to its size and isolated 
location. In this regional context, the habitat in La Mesa is not 
considered a core biological resource area or linkage.
    The Environmental Assessment for the La Mesa permit application 
considers the effects to the human environment of the proposed action 
and three alternatives. These alternatives include scenarios of no 
action, full development, and preservation of all undeveloped habitat 
within La Mesa.
    Under the no action alternative, the Service would not issue an 
incidental take permit to the City of La Mesa for its Subarea Plan. 
Property owners in La Mesa would need to submit individual permit 
applications to the Service if proposed developments would result in 
take of endangered or threatened species. Potentially, all 179 acres of 
remaining habitat within the City could be developed over time. The 
result would be an uncoordinated and non-comprehensive approach to 
evaluating the resources within La Mesa.
    Another alternative is issuing a permit to the City of La Mesa for 
incidental take associated with full rather than partial development of 
the Eastridge property. Loss of the remaining 179 acres of habitat 
within La Mesa would be mitigated offsite at a 1:1 ratio.
    Under another alternative, all of the undeveloped habitat (179 
acres) within the City of La Mesa would be preserved. No take of listed 
species would occur and no take authorizations would be issued.
    This notice is provided pursuant to section 10(c) of the Endangered 
species Act of 1973, as amended, and Service regulations for 
implementing the National Environmental Policy Act (40 CFR 1506.6). All 
comments received will become part of the public record and may be 
released.
    The Service will evaluate the application, associated documents, 
and comments submitted thereon to determine whether the application 
meets the requirements of the Endangered Species Act. A final decision 
on permit issuance will be made no sooner than 30 days from the date of 
this notice.

    Dated: October 24, 1997.
Thomas J. Dwyer,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-28871 Filed 10-30-97; 8:45 am]
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