[Federal Register Volume 62, Number 117 (Wednesday, June 18, 1997)]
[Notices]
[Pages 33099-33101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15920]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Revised Environmental Assessment and Habitat
Conservation Plan for the Natomas Basin area, Sacramento and Sutter
Counties, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: On January 15, 1997, the Fish and Wildlife Service published a
notice of availability of an environmental assessment and receipt of an
application for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended,
submitted by the City of Sacramento, California, for the Natomas Basin
Habitat Conservation Plan (Plan). The application has been assigned
permit number PRT-823773. The proposed permit would authorize the
incidental take of the federally threatened giant garter snake
(Thamnophis gigas), Aleutian Canada goose (Branta canadensis
leucopareia), valley elderberry longhorn beetle (Desmocerus
californicus dimorphus), and vernal pool fairy shrimp (Branchinecta
lynchi); and the federally endangered peregrine falcon (Falco
peregrinus anatum), conservancy fairy shrimp (Branchinecta
conservatio), longhorn fairy shrimp (Branchinecta longiantenna), and
vernal pool tadpole shrimp (Lepidurus packardi). The HCP also addresses
the following federally listed plant species: slender orcutt grass
(Orcuttia tenuis), hairy orcutt grass (Orcuttia pilosa), Sacramento
orcutt grass (Orcuttia viscida), and palmate bird's beak (Cordylanthus
palmatus). The proposed taking of these species would be incidental to
development for urban uses within the 53,341-acre Natomas Basin in the
City of Sacramento and Sacramento and Sutter Counties. The proposed
permit also would authorize future incidental take of the currently
unlisted California tiger salamander (Ambystoma tigrinum
californiense), Swainson's hawk (Buteo swainsoni), greater sandhill
crane (Grus canadensis tubida), bank swallow (Riparia riparia), Boggs
Lake hedge-hyssop (Gratiaola heterosepala) and Ahart's dwarf flax
(Juncus leiospermus var. ahartii), among others, should any of these
species become listed under the Endangered Species Act in the future.
The permit would be in effect for 50 years.
During the 45-day public comment period for this Plan, the Service
received numerous comments on the Plan with respect to the adequacy of
its conservation program and other issues. The Service and the City of
Sacramento, working jointly, have since revised the Natomas Basin Plan
and its associated Implementing Agreement to clarify the Plan's intent
and, where necessary, to strengthen its conservation program. This
notice announces the availability of the revised Plan and Implementing
Agreement for public comment. The Service also announces the
availability of a revised Environmental Assessment for the Natomas
Basin Plan incidental take permit application. This notice is provided
pursuant to section 10(c) of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6). All comments,
including names and addresses, received will become part of the
official administrative record and may be made available to the public.
Comments are specifically requested on the appropriateness of the
assurances that would be provided under the Department of Interior's No
Surprises policy should the permit be issued, as specifically outlined
in sections 6.9.2-6.9.4 of the Implementing Agreement.
DATES: Written comments on the Habitat Conservation Plan, Environmental
Assessment and Implementing Agreement should be received on or before
July 9, 1997.
ADDRESSES: Comments regarding the application or adequacy of the
Environmental Assessment and Habitat Conservation Plan should be
addressed to the Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 3310 El Camino, Suite 130, Sacramento, California
95821-6340. Please refer to permit number PRT-823773 when submitting
comments. Individuals wishing copies of the application, Environmental
Assessment or Implementing Agreement for review should immediately
contact the above office. Documents also will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Ms. Cay Goude or Mr. William Lehman,
Sacramento Fish and Wildlife Office, telephone (916) 979-2725.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulation prohibit the ``taking'' of a species listed as
endangered or threatened, respectively. However, the Fish and Wildlife
Service, under limited circumstances, may issue permits to take listed
species incidental to, and not the purpose of, otherwise lawful
activities. Regulations governing permits for threatened species are
promulgated in 50 CFR 17.32; regulations governing permits for
endangered species are promulgated in 50 CFR 17.22.
Background
The Natomas Basin Habitat Conservation Plan addresses development
within the 53,341-acre Natomas Basin in Sutter and Sacramento Counties,
California. The Natomas Basin is subject to several
[[Page 33100]]
approved or proposed land use plans that will convert portions of the
Basin to urban uses. Based on these plans, approximately 17,500 acres
of undeveloped land is expected to be urbanized during the 50-year term
of the proposed permit. Development activities may result in take of
covered species and permanent disturbance to their habitats. In
addition, the proposed permit would cover incidental take that occurs
during rice farming activities within the permit area. Rice farming may
result in take of the giant garter snake because rice fields are used
as habitat by this species.
The Natomas Basin Plan establishes a mitigation program for urban
development and water system operation. The focus of the program is a
system of mitigation lands which would be managed as wetland and upland
habitat for the giant garter snake, the Swainson's hawk and other
covered species. One-half acre of mitigation land would be established
for every acre of land developed within the Natomas Basin Plan area.
The mitigation land would be acquired and managed by the Natomas Basin
Conservancy, a non-profit conservation organization established to
implement the Plan. Currently, the City of Sacramento is the only
entity seeking a section 10(a)(1)(B) permit to cover land use approvals
and public works activities; however, additional entities such as the
County of Sacramento and the County of Sutter, among others, could
apply to be added to this permit or apply for separate permits in the
future.
Most of the comments received on the Natomas Basin Plan during the
public comment period centered on several issues or interpretations of
the Plan: (1) Concern that a mitigation fee cap in the City of
Sacramento's Plan Implementing Agreement could result in a funding
inadequacy over the life of the permit; (2) concern that the
effectiveness of certain mitigation strategies (e.g., use of managed
marsh as mitigation sites) are unproven and might not result in the
intended conservation benefits for affected listed species, especially
the giant garter snake; (3) concern that certain aspects of the Plan
(e.g., reserve management plans) would be prepared with inadequate
opportunity for review by the interested public; and (4) the lack of an
adequate monitoring program. The Service and the City of Sacramento,
working jointly, have revised the Natomas Basin Plan to clarify its
intent and, where necessary, to strengthen its conservation program.
The following is a summary of those revisions.
Covered Species
The list of species that are specifically addressed under the
Natomas Basin Plan and would be ``covered'' under the Section
10(a)(1)(B) permit has been clarified. ``Covered species'' means those
species for which legal authority to take such species would be
conferred by the permit. The Plan includes 33 covered species that are
either federally or state listed, as well as some species that are not
currently listed but may be in the future. The latter are addressed in
the Plan and would be covered by the permit at such time as they may be
listed.
Unlisted Covered Species
Descriptions of expected program impacts on many currently unlisted
species covered by the Natomas Basin Plan and conservation measures for
these species have been expanded and clarified in the Plan.
Mitigation Fee Caps
The section in the City of Sacramento's draft Implementing
Agreement for the Plan that established a cap on the mitigation fee
with respect to the overall mitigation program has been removed. There
is still a fee cap with respect to any revisions resulting from the
Service's future Giant Garter Snake Recovery Plan or the Plan's
Adaptive Management program. Based on this cap, the mitigation fee can
rise no more than 50 percent over the life of the permit. However,
there is no fee cap with respect to the fundamental requirement to
mitigate for habitat losses at a 0.5:1 ratio. In other words, the fee
must be raised as necessary to maintain habitat acquisitions at the
half-to-one ratio, irrespective of any other fee cap agreements in the
HCP.
Program Monitoring
Biological monitoring under the HCP has been clarified. With
respect to the giant garter snake, the Plan as before describes several
potential monitoring methods (e.g., mark-release-recapture studies,
population viability indices, and transect surveys) as well as the type
of life history parameters that need to be monitored. Furthermore, the
HCP now requires appropriate monitoring but leaves specific methods to
the Natomas Basin Conservancy and its Technical Advisory Committee
(TAC) to determine. This is allowed because many technical issues of
the monitoring program need to be worked out and determined based on
best available information and ongoing research on the giant garter
snake. In addition, the HCP includes nest site surveys for the
Swainson's hawk and other monitoring requirements.
Adaptive Management Program
The HCP now has a much expanded Adaptive Management program as well
as explicit directions for implementing its Adaptive Management
provisions. Three aspects of the HCP could result in Adaptive
Management modifications being adopted over the life of the permit: (1)
New information resulting from ongoing research on the giant garter
snake or other covered species; (2) recovery strategies under the
future Service Giant Garter Snake Recovery Plan that could differ from
the measures described in the current HCP; and (3) the fact that some
currently described mitigation measures (e.g., the proportion of rice
fields to managed marsh and marsh designs) may need to be revised based
on the Plan's monitoring program. Modifications to the HCP will be
classified as ``major revisions'' or ``minor revisions'' based on
descriptions in the Plan. Major revisions would require submission of a
proposal to the Service and California Department of Fish and Game
(CDFG) and approval by these agencies. Minor revisions could be
implemented upon the decision of the Natomas Basin Conservancy,
provided that the Conservany's TAC concurs. The Service and CDFG would
have representatives on the TAC.
9,000-Acre Comprehensive Program Review
In recognition that certain uncertainties exist in the Natomas
Basin HCP (including the precise levels of development that would occur
under the Plan, and the precise extent and location of the reserve
system), the Plan now has a provision requiring a comprehensive program
review when and if urban development in the Natomas Basin reaches 9,000
acres. Under this provision, the review will be triggered at 9,000
acres; during the period of time the review is being conducted, up to,
but not more than, an additional 3,000 acres may be developed in the
Basin. The purpose of the review will be to determine whether the HCP
is performing as expected. The review will consider such aspects as
status and trends of the covered species, status and effectiveness of
the reserve system, and status and effectiveness of the Plan's funding
mechanisms. The review will be conducted by the Natomas Basin
Conservancy, the Service, and CDFG. It will result in recommendations
for program modifications under the Adaptive Management provisions or a
permit amendment, as deemed necessary.
[[Page 33101]]
Natomas Basin Conservancy Activities Open to Public Review
All pertinent proceedings of the Natomas Basin Conservancy will be
open to public review. This includes such activities as meetings,
selection of lands for acquisition for the reserve system, and
development of management and monitoring plans for reserve lands. There
are likely to be certain exceptions to these provisions because of
confidentiality issues in dealing with private landowners and other
exceptions as provided by State or Federal law, but it is the intention
of the HCP and the Conservancy to allow public scrutiny of its
activities and decisions to the maximum extent practicable.
The Environmental Assessment for the Natomas Basin HCP considers
the environmental consequences of four alternatives. Alternative 1, the
proposed action, consists of the issuance of an incidental take permit
to the City of Sacramento and implementation of the HCP and its
Implementing Agreement. This alternative is preferred because it
satisfies the purpose and needs of the U.S. Fish and Wildlife Service
and the City of Sacramento, and the impacts of urbanization are
minimized and mitigated by the establishment of habitat reserves.
Alternative 2 proposes a variable mitigation ratio in which landowners
with documented occurrences of covered species or ``high quality''
habitat would be required to compensate at a higher ratio than
landowners with no documented occurrences of covered species or ``poor
quality'' habitat. Alternative 3 is similar to the proposed action
except that the minimum percentage of mitigation lands to be maintained
as managed marsh habitat (as opposed to rice farm habitat) would
increase from 25 to 50 percent. Under Alternative 4, the no action
alternative, the Service would not issue an incidental take permit and
development within the Natomas Basin would occur with individual
development projects mitigating for their impacts independently in an
unstructured manner.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act and the National Environmental Policy Act of 1969
regulations (40 CFR 1506.6). The U.S. Fish and Wildlife Service will
evaluate the application, associated documents, and comments submitted
thereon to determine whether the application meets the requirements of
the National Environmental Policy Act regulations and section 10(a) of
the Endangered Species Act. If it is determined that the requirements
are met, a permit will be issued for the incidental take of the listed
species. The final permit decision will be made no sooner than 30 days
from the date of this notice.
Dated: June 12, 1997.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-15920 Filed 6-17-97; 8:45 am]
BILLING CODE 4310-55-P
