[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Pages 61140-61141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29967]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application From the County of San Diego,
California, for an Incidental Take Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: The County of San Diego, California (County), has applied to
the Fish and Wildlife Service for a 50-year permit pursuant to section
10(a)(1)(B) of the Endangered Species Act (Act) to incidentally take up
to 85 species. Take would occur in conjunction with urban growth within
the southern coastal portion of the County. The application includes
the County of San Diego Subarea Plan (Subarea Plan) and an Implementing
Agreement, both of which were prepared in accordance with the regional
Multiple Species Conservation Program (MSCP). The Subarea Plan would
provide for the incidental take of species listed under the Act and
those that may be listed in the future. The County's planning area
includes approximately 252,132 acres of unincorporated land. The
Subarea Plan addresses 85 sensitive plant and animal species and their
habitats, and creates a process for the issuance of permits and other
authorizations under the Federal and California Endangered Species
Acts, and the California Natural Community Conservation Planning Act.
The County's Subarea Plan and Implementing Agreement are available for
public review and comment. The Service specifically requests comment on
the appropriateness of the ``No Surprises'' assurances contained in
section 9 of the Implementing Agreement.
DATES: Written comments on the permit application should be received on
or before December 15, 1997.
ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field
Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West,
Carlsbad, California 92008. Written comments may be sent by facsimile
to (760) 431-9618.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Barrett, Assistant Field
Supervisor, at the above Carlsbad address; telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Persons wishing to obtain copies of the documents or additional
background material should contact the County of San Diego, Department
of Planning and Land Use, 5201 Ruffin Road, Suite B, Mail Station 0650,
San Diego, California 92123; telephone (619) 260-8316. Documents will
be available for public inspection, by appointment, during normal
business hours (8 a.m. to 12 p.m. and 1 p.m. to 5 p.m.), Monday through
Friday, at the above County office and at the Carlsbad Fish and
Wildlife Office (see ADDRESSES).
Background
Under section 9 of the Act and its implementing regulations, the
take of wildlife species listed as threatened or endangered is
prohibited. The term ``take'' means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, collect, or attempting to engage in
any such conduct. Harm is further defined to include significant
habitat modification or degradation that results in death or injury to
listed species by significantly impairing essential behavior patterns,
including breeding, feeding, or sheltering. 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 is in violation of trespass
law or would violate State law. Regulations governing permits for
endangered and threatened species 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 species with an approved conservation plan. Among
other criteria, issuance of such permits must not jeopardize the
continued existence of listed plant and animal species.
The MSCP Plan is a regional habitat conservation plan that includes
12 local jurisdictions. Each jurisdiction is expected to apply for
incidental take permits in conjunction with finalization of a subarea
plan that is consistent with the regional MSCP Plan. The cities of San
Diego and Poway finalized their subarea plans and received take
authorizations under the MSCP on July 18, 1997, and July 19, 1996,
respectively. The City of La Mesa has submitted an application, subarea
plan, environmental assessment, and implementing agreement for which a
30-day public review period was announced in the Federal Register on
October 31, 1997 (62 FR 58976). The County of San Diego submitted an
application with its Subarea Plan and Implementing Agreement on
November 6, 1997.
The regional MSCP Plan covers an approximately 900-square-mile area
(580,000 acres) in southwestern San Diego County. Under the MSCP Plan,
approximately 171,917 acres of vacant land, including 167,667 acres of
wildlife habitat, will be preserved and managed within a designated
area referred to as the Multiple Habitat Planning Area.
Nearly half of the MSCP planning area is within the County of San
Diego Subarea. Approximately 73 percent (184,248 acres) of the County
Subarea provides habitat for native plants and wildlife, whereas the
remaining 27 percent is disturbed, developed, or agricultural land. Of
the existing habitat in the County Subarea, approximately 55 percent
(101,268 acres) is expected to be preserved under the Subarea Plan, in
a manner consistent with the regional MSCP Plan.
The Subarea Plan is divided into three segments: the Lake Hodges
segment, the Southern segment, and the Metro-Lakeside-Jamul segment.
The Lake Hodges and Southern segments include projects where
development and preserve boundaries have been determined and delineated
in the Subarea Plan. Several major and minor amendment areas have been
designated in these segments. Take for species within these amendment
areas would only be authorized after they have become part of the
Subarea Plan through the appropriate amendment process. The Metro-
Lakeside-Jamul segment is composed of lands where preserve boundaries
will be determined in the future based upon standards, goals, and
criteria described in the Subarea Plan and in the County's Biological
Mitigation Ordinance.
Environmental Documentation
To ensure compliance with the National Environmental Policy Act and
the California Environmental Policy Act, in January, 1997, the Service
(lead Federal Agency) and the City of San Diego (lead local agency)
completed a final Environmental Impact Report/Statement on the MSCP
Plan and draft subarea plans. This culminated a 2-year period during
which the Service complied with scoping and public notice requirements,
providing extensive opportunity for public comment on the MSCP Plan,
draft subarea plans, template implementing
[[Page 61141]]
agreements, and the draft Environmental Impact Report/Statement (60 FR
12246, 60 FR 25734, 60 FR 32990, 61 FR 45983, 61 FR 54675, 62 FR
14938). No further environmental documentation is necessary for the
County Subarea Plan because it has not changed significantly since
finalization of the Environmental Impact Report/Statement.
Five project alternatives were analyzed in the final Environmental
Impact Report/Statement: (1) proposed project alternative (approve and
implement the MSCP 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 alternative analyzed by the Service was approval of
the MSCP Plan and issuance of incidental take permits with the
mitigating, minimizing, and monitoring measures outlined in the
proposed project alternative. The underlying goal of the preferred
alternative is to implement ecosystem-based conservation measures aimed
at the protection of multiple vegetation types on a regional scale,
while accommodating compatible development. The MSCP plan is expected
to result in the implementation of a comprehensive preserve strategy
for coastal sage scrub and related vegetation types in the planning
area, that is expected to provide long-term benefits to the 85 covered
species and their habitats.
The Service will evaluate the permit application from the County of
San Diego, associated documents, and comments submitted thereon to
determine whether the application meets the requirements of the Act. A
final decision on permit issuance will be made no sooner than 30 days
from the date of this notice.
Authority
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.
Dated: November 6, 1997.
John H. Doebel,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-29967 Filed 11-13-97; 8:45 am]
BILLING CODE 4310-55-P
