[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14907]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for a Permit to Allow Incidental Take of the Threatened
California Gnatcatcher and the Proposed Endangered Coastal Cactus Wren
by Shell Oil Company and Metropolitan Water District, Orange County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: This notice advises the public that Shell Oil Company (Shell)
and the Metropolitan Water District of Southern California (MWD)
(Applicants) have applied to the U.S. Fish and Wildlife Service
(Service) for an incidental take permit pursuant to section 10(a)(1)(B)
of the Endangered Species Act of 1973, as amended (Act). The
application, which includes a Habitat Conservation Plan (HCP) and an
Implementation Agreement (IA), has been assigned permit number PRT-
784571. The requested permit would authorize the incidental take of the
threatened California gnatcatcher (Polioptila californica californica),
on certain lands located within the sphere of influence of the City of
Yorba Linda in unincorporated northern Orange County, California. The
HCP submitted in support of the permit application, also provides for
the conservation of the coastal cactus wren as if it were listed under
the Act as a threatened or endangered species and, barring a
determination by the Service of unforeseen circumstances and compliance
with applicable public review and comment requirements, would support
an amendment to the 10(a)(1)(B) permit to authorize the incidental take
of that species should the cactus wren be listed during the term of the
permit. The proposed incidental take would occur as a result of grading
and construction activities for a residential development and municipal
golf course in a depleted oilfield, and improvements to the Diemer
Water Treatment Facility. Both sites are occupied by the California
gnatcatcher and coastal cactus wren.
The Service also announces the availability of an Environmental
Assessment (EA) for the proposed issuance of the incidental take
permit. This notice is provided pursuant to section 10(c) of the Act
and National Environmental Policy Act regulations (40 CFR 1506.6).
DATES: Written comments on the permit application and EA should be
received on or before July 20, 1994.
ADDRESSES: Comments regarding the application or adequacy of the EA
should be addressed to Mr. Gail Kobetich, Field Supervisor, U.S. Fish
and Wildlife Service, Carlsbad Field Office, 2740 Loker Avenue West,
Carlsbad, California 92008. Please refer to permit No. PRT-784571 when
submitting comments.
FOR FURTHER INFORMATION CONTACT:Dr. Linda R. Dawes, U.S. Fish and
Wildlife Service, Carlsbad Field Office, 2740 Loker Avenue West,
Carlsbad, California 92008 (619-431-9440). Individuals wishing copies
of the application or EA for review should immediately contact the
above individual.
SUPPLEMENTARY INFORMATION:
Background
Under section 9 of the Act, and implementing regulations,
``taking'' of a threatened or endangered species is prohibited.
However, the Service, under limited circumstances, may issue permits to
take threatened or endangered wildlife species if such taking is
incidental to, and not the purpose of, otherwise lawful activities.
Regulations governing permits for threatened or endangered species are
at Title 50 Code of Federal Regulations 17.32 and 17.22, respectively.
On March 25, 1993, the Service listed the coastal California
gnatcatcher as a threatened species. On May 2, 1994, the rule listing
the gnatcatcher was vacated by the United States District Court for the
District of Columbia on the basis that the Secretary of the Interior
failed to obtain and make available for public comment, the data
underlying a published scientific report on the subspecific taxonomy of
the gnatcatcher. The Secretary has filed a motion for reconsideration
of the court's decision and, alternatively, a motion to stay the
portion of the decision that vacated the listing while the Service
receives public comment on these data. These motions are currently
pending before the court. The Service is also reviewing several other
options to provide the protection of the Act to the gnatcatcher. These
options include appealing the court's decision, listing the gnatcatcher
on an emergency basis, and proposing a new rule to list the
gnatcatcher.
The Service announces the receipt and availability for public
review and comment of this 10(a)(1)(B) permit application in order to
facilitate review and potential issuance of the incidental take permit
should the coastal California gnatcatcher return to the status of a
federally listed species. The Service also seeks public review and
comments on the proposed signing of the IA by the Service. The IA would
obligate the Applicants to carry out the provisions of the HCP that
provides for protection and conservation of the California gnatcatcher
and cactus wren as if both species were listed as threatened or
endangered species under the Act. By signing the IA, the Service would
certify to the Applicants that, barring a determination of unforeseen
circumstances, and subject to compliance with applicable public review
and comment requirements, the Service would expeditiously issue a
section 10(a)(1)(B) permit to the Applicants allowing incidental take
of one or both species, as appropriate, if the California gnatcatcher
or cactus wren are listed as threatened or endangered species in the
future.
The Applicants propose to implement the HCP for the California
gnatcatcher and coastal cactus wren to allow phased oil field
remediation and clearing, grading and construction of a residential
development, golf course, elementary school, and commercial development
on a depleted oil field, and ongoing maintenance and facility
modifications on the Deimer Water Treatment Facility within the sphere
of influence of the City of Yorba Linda, in unincorporated Orange
County, California. These activities would take place over a period of
approximately 20 years. The permit would authorize incidental take of
gnatcathers associated with the destruction of up to 27 acres of
occupied gnatcatcher habitat. That habitat is estimated to support
approximately 9 gnatcatchers. The IA executed by the parties would also
provide for future amendment of the permit to authorize incidental take
of cactus wren should the cactus wrens associated with the destruction
of up to 83 acres of occupied cactus wren habitat be listed in the
future as a threatened or endangered species under the Act. It is
estimated that up to 55 pairs of cactus wren occupy the development
site. The permit would be in effect for 50 years on the Shell property.
The Applicant proposes to mitigate for the incidental take by: (1)
Dedicating 58 acres of on-site coastal sage scrub (CSS) habitat to
Chino Hills State Park; (2) placing a conservation easement on 20 acres
of Walnut woodland on-site; (3) preservation/restoration of an
additional 64 acres of habitat within the golf course which has been
designed to provide a buffer between wildlands and development; (4)
operation of 12-15 cowbird traps in perpetuity; (5) a discounted sale,
to the State of California, of 979 acres of multispecies habitat to be
managed to promote conservation of the gnatcatcher and cactus wren,
including 572 acres of CSS, 48 acres of oak woodland, and 237 acres of
chaparral; (6) providing for the restoration of approximately 27 acres
of CSS and cactus in the purchase area and in adjacent Chino Hills
State Park; (7) funding a State Park ecologist for 15 years (10 years
full time), who will oversee offsite restoration, conduct the cowbird
trapping program, conduct sensitive species surveys, patrol the area
for vagrants, conduct a community education and involvement program,
and prepare a long-term fire management program; (8) creating a fire
suppression compartment in cooperation with State Parks and the Orange
County Fire Department.
The EA considers the environmental consequences of several
alternatives, including the proposed action, no-take, and no-action
alternatives. The proposed action is (1) the issuance of a permit under
section 10(a) of the Act that, in conjunction with oil field
remediation, residential and golf course development, and maintenance
and improvement activities at the Diemer Water Filtration Plant, would
authorize the incidental take of gnatcatchers associated with the
removal of 27 acres of occupied California gnatcatcher habitat, and (2)
the execution of the IA by the Service that, barring unforeseen
circumstances, would provide for the amendment of the permit to
authorize the incidental take of cactus wrens associated with the
removal of up to 83 acres of occupied cactus wren habitat should the
cactus wren be listed in the future as a threatened or endangered
species under the Act. The proposed action would result in minimizing
incidental take by placing limitations on and monitoring proposed
construction and remediation activities. Mitigation under the proposed
action would enhance California gnatcatcher and cactus wren
conservation through the acquisition, restoration, and management of
1126 acres of habitat important for the conservation of the California
gnatcatcher, cactus wren, and other sensitive and declining species.
Under the no-take alternative, the permit would not be issued, Shell
oil field remediation and project potentially would not occur, and MWD
potentially would not be allowed to maintain the structural integrity
of its facility. In addition to presenting public health and safety
problems, no restoration or management would occur, and the existing
habitat will remain vulnerable to fire and unregulated use. Under the
no-project alternative, oil field remediation would occur without
subsequent development. Additionally, an alternative including both
residential and commercial development, but without the golf course was
considered. Analysis of other alternatives included oil field
remediation, but with the residential, commercial, and golf course
developments being located elsewhere.
Dated: June 14, 1994.
Thomas Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-14907 Filed 6-17-94; 8:45 am]
BILLING CODE 4310-55-M
