[Federal Register Volume 64, Number 72 (Thursday, April 15, 1999)]
[Notices]
[Pages 18628-18629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9381]
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DEPARTMENT OF INTERIOR
Fish and Wildlife Service
Notice of Intent to Prepare an Environmental Impact Statement in
Anticipation of Receiving a Permit Application to Incidentally Take
Threatened and Endangered Species in Association with a Multiple
Habitat Conservation Plan for Northwestern San Diego County, California
AGENCY: Fish and Wildlife Service, DOI.
ACTION: Notice of Intent.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) is considering
approval of a Multiple Habitat Conservation Plan (Plan) and issuance of
an Endangered Species Act Incidental Take Permit. The Plan is being
submitted by the San Diego Association of Governments (Association of
Governments) and the Plan Advisory Committee representing seven
participating cities in northwestern San Diego County, California. The
seven participating cities are Carlsbad, San Marcos, Encinitas,
Escondido, Oceanside, Solana Beach, and Vista. This long-term plan will
accompany a future application to the Service for a permit under
section 10(a)(1)(B) of the Endangered Species Act that would authorize
incidental take of listed species and unlisted species that may be
listed in the future. In response to the Plan, the Service intends to
prepare a joint programmatic and project-level Environmental Impact
Statement/Environmental Impact Report (Statement/Report) pursuant to
the National Environmental Policy Act and the California Environmental
Quality Act. The Plan covers an area of approximately 186 square-miles
in northwestern San Diego County. The Plan addresses numerous sensitive
plant and animal species and their habitats. The Plan creates a process
for the issuance of permits and other authorizations under the Federal
Endangered Species Act, California Endangered Species Act, and the
California Natural Community Conservation Planning Act. This notice
describes the proposed action and possible alternatives, notifies the
public of a scoping meeting, invites public participation in the
scoping process for preparing the joint Statement/Report, solicits
written comments, and identifies the Service official to whom questions
and comments concerning the proposed action and the joint Statement/
Report may be directed.
DATES: A public scoping meeting will be held on May 5, 1999 from 6:00
to 8:00 p.m. at Encinitas City Hall (Poinsettia Room), 505 South
Vulcan, Encinitas, California. Oral comments will be received during
the scoping meeting. Written comments are encouraged and should be
received on or before May 17, 1999.
ADDRESSES: Information, comments, or questions related to preparation
of the joint Statement/Report and the National Environmental Policy Act
process should be submitted to Sherry Barrett, Assistant Field
Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008. Written comments may also be sent by
facsimile to telephone (760) 918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Julie Vanderwier, Fish and
Wildlife Biologist, or Nancy Gilbert, Division Chief, at the above
Carlsbad address, telephone (760) 431-9440. Persons wishing to obtain
background material should contact Janet Fairbanks at the San Diego
Association of Governments, 401 B Street, Suite 800, San Diego,
California 92101, telephone (619) 595-5370.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Documents will also be available for public inspection by
appointment during normal business hours (8 a.m. to 5 p.m., Monday
through Friday) at the Association of Governments office and at local
libraries located in the seven participating cities.
Background
Listed wildlife species are protected against ``take'' pursuant to
section 9 of the Act. That is, no one may harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect listed animal species, or
attempt to engage in such conduct (16 USC 1538). The Service, however,
may issue permits to take listed animal species if such taking is
incidental to, and not the purpose of, otherwise lawful activities.
Regulations governing permits for endangered species are at 50 CFR
17.22 and 17.32. In anticipation of applying for an incidental take
permit, the Association of Governments and participating cities are
developing a Plan. The Plan study area comprises seven incorporated
cities
[[Page 18629]]
in northwestern San Diego County. The northern boundary of the Plan
study area is Marine Corps Base Camp Pendleton; the Pacific Ocean forms
the western boundary; and unincorporated County of San Diego borders
most of the study area on the east and south. Unincorporated portions
of the county, including several areas completely surrounded by
incorporated cities, are excluded from the study area and will be
planned by the county under the North County Subarea of the Multiple
Species Conservation Plan.
The 118,852-acre Plan study area is largely developed, with
approximately 30 percent consisting of vacant lands that still support
natural vegetation communities. The largest blocks of natural
vegetation occur in northern Escondido, and in the hilly areas of
southeastern Carlsbad and southwestern San Marcos. Other relatively
large blocks of habitat occur along the northern boundary of Oceanside,
and in scattered areas in eastern and central Carlsbad, northern San
Marcos, and southern Escondido. Otherwise, natural habitats in the Plan
study area are highly fragmented and occur primarily in small,
scattered patches surrounded by development or agriculture.
The goals of the Plan are to:
1. Maintain the range of natural biological communities and species
native to the region, and conserve viable populations of endangered,
threatened, and key sensitive species and their habitats, thereby
preventing local extirpation or species extinction.
2. Create greater certainty for economic and urban development by
identifying where new development should and should not occur, and
encourage investment by establishing a legal and procedural framework
that streamlines the permitting process and provides a reliable basis
for economic decision-making.
3. Protect the quality of life for local residents by maintaining
the area's scenic beauty, natural biological diversity, and recreation
opportunities.
The Plan proposes a new process for wildlife and habitat
conservation, and for implementation of the Federal and State of
California Endangered Species Acts, which relies on existing local
agency land use review and approval authority. The new process places
conservation responsibilities on local jurisdictions, based on their
ability to implement a segment of the Plan for their jurisdiction.
Implementation of the Plan will occur through individual subarea
conservation plans prepared for each of the seven participating
jurisdictions. In exchange for these coordinated conservation plans,
local jurisdictions will receive from the Service permits for the
taking of federally-listed species, and unlisted species should they
become listed, based on their subarea plans and implementing
agreements. A list of covered animal and plant species that would
receive take authorization is incorporated in the Plan, including
species that are federally or state-listed, proposed for listing,
candidates for listing, or sensitive within the region.
The lands identified for open space and habitat preservation are
located within the Focused Planning Area. The Focused Planning Area was
cooperatively designed by the Association of Governments and the seven
participating jurisdictions in the Plan study area, in consultation
with the Service, the California Department of Fish and Game, and the
Plan Advisory Committee based on biological, ownership, and land use
criteria. These participants have spent several months developing
``hard line'' preserves, indicating lands that will be conserved and
managed for biological resources, and ``soft line'' planning areas,
within which preserve areas will ultimately be delineated based on
further data and planning.
Several objectives were incorporated into the process of designing
the Focused Planning Area: (1) conserve as much of the biologically
most important habitat lands remaining in the subregion as possible, in
a system that minimizes preserve fragmentation and maximizes
conservation of covered species; (2) maximize the inclusion of public
lands within the preserve; (3) maximize the inclusion of lands already
conserved as open space, where appropriate; and (4) maintain individual
property rights and economic viability for the subregion.
Although the Association of Governments will prepare the draft
Statement, the Service will be responsible for its content and scope.
In addition, the Association of Governments will act as the lead agency
for the preparation of the Report.
Environmental documentation will be included in the joint
Statement/Report for amendments to a variety of planning documents for
the seven participating jurisdictions. The proposed amendments would
incorporate the preserve boundaries of the Plan into adopted land use
plans as described in the individual subarea plans and implementing
agreements. Actions proposed by these seven cities that will be
addressed in the joint Statement/Report include, but are not limited
to, amendments to general plans, local coastal programs, and zoning
ordinances.
The Statement/Report will consider the proposed action (issuance of
a Section 10(a)(1)(B) Endangered Species Act permit for the Plan) and a
reasonable range of alternatives. Potential alternatives may be derived
from preserve design scenarios being considered and include a Minimal
Acquisition Scenario, Enhanced Conservation/Acquisition Scenario,
Additional Core Gnatcatcher Conservation Scenario, Biological Core and
Linkage Area Scenario, and No Project (No Preserve) Scenario.
Environmental review of the Plan will be conducted in accordance
with the requirements of the 1969 National Environmental Policy Act, as
amended (42 U.S.C. 4321 et seq.), National Environmental Policy Act
regulations (40 CFR parts 1500-1508), other appropriate regulations,
and Service procedures for compliance with those regulations. This
notice is being furnished in accordance with Section 1501.7 of the
National Environmental Policy Act to obtain suggestions and information
from other agencies and the public on the scope of issues to be
addressed in the joint Statement/Report.
Comments and participation in the scoping process are solicited.
The primary purpose of the scoping process is to identify rather than
to debate the significant issues related to the proposed action.
Interested persons are encouraged to attend the public scoping meeting
to identify and discuss issues and alternatives that should be
addressed in the joint Statement/Report. The proposed agenda for this
facilitated meeting includes a summary of the proposed action; status
of and threats to subject species; and tentative issues, concerns,
opportunities, and alternatives. Additional public meetings will be
conducted on later dates to provide more opportunities to comment on
the draft Statement/Report.
Dated: April 6, 1999.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operations Office.
[FR Doc. 99-9381 Filed 4-14-99; 8:45 am]
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