3 - The Bowery_PUBLIC COMMENT_RAMSEY

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5.0 Environmental Analysis 5.2 Biological Resources Avion Project SEIR Page 5.2-7 Preserve and currently wildlife movement can occur across the property in all directions except from the northeast where movement is impeded by the existing Heritage Bluffs II residential area. 5.2.3 Regulatory Framework 5.2.3.1 Natural Habitat Conservation and Planning The Natural Community Conservation Planning (NCCP) program was enacted by the State of California in 1991 to provide long-term regional protection of natural vegetation and wildlife diversity while allowing compatible development. The NCCP process was initiated to provide an alternative to single-species conservation efforts (habitat conservation plans). The NCCP is intended to provide a regional approach to the protection of species within a designated natural community. In the City, the MSCP is an outgrowth of this planning. 5.2.3.2 Multiple Species Conservation Program The MSCP is a comprehensive, long-term habitat conservation planning program that covers approximately 900 square miles in southwestern San Diego County under the federal and state Endangered Species Acts and state NCCP Act of 1991. The planned MSCP regional preserve is targeted at 172,000 acres. Local jurisdictions, including the City, implement their portions of the regional umbrella MSCP through Subarea Plans, which describe specific implementing mechanisms. The City’s MSCP Subarea Plan was approved in March 1997. The City’s MSCP study area includes 206,124 acres within its municipal boundaries. The City’s planned MSCP preserve totals 56,831 acres, with 52,012 acres (90 percent) targeted for preservation. In 2004, the City committed to increasing the conservation target by 715 acres in association with revisions to the City’s brush management regulations in response to local fires. The MSCP Subarea Plan is a plan, which established the process for the issuance of incidental take permits (ITP) for listed species under Section 10(a)(1)(B) of the federal Endangered Species Act (ESA) and Section 2835 under the state ESA. The primary goal of the MSCP Subarea Plan is to conserve viable populations of sensitive species and to conserve regional biodiversity while allowing for reasonable economic growth. In July 1997, the City signed an Implementing Agreement with the USFWS and the CDFW. The Implementing Agreement serves as a binding contract between the City, the USFWS, and the CDFW that identifies the roles and responsibilities of the parties to implement the MSCP and Subarea Plan. The agreement allows the City to issue incidental take authorizations for “MSCP Covered” species. Applicable state and federal permits are still required for wetlands and listed species that are not covered by the MSCP. “MSCP Covered” refers to species covered by the City’s federal ITP issued pursuant to Section 10(a) of the federal ESA (16 United States Code § 1539(a)(2)(A)). Under the federal ESA, an ITP is required when non-federal activities would result in “take” of a threatened or endangered species. A habitat conservation plan (HCP) must accompany an application for a federal ITP. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP.