[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