[Federal Register: April 15, 1999 (Volume 64, Number 72)] [Notices] [Page 18628-18629] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15ap99-77] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-55-P