HomeMy WebLinkAbout4/21/2010 - STAFF REPORTS . p�QALMSA�
City of Palm Springs
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• * Department of Planning and :Coning
* MP,Or NA 0� ' 3200 P..7.ahquicz Canyon Way • Palm Springs,California 92262
CQ�I FORosP Tel:(760)323-8245 • Fax:(760)322-8360 • WeL www.n.p&Im-springs.ca.us
April 27, 2010
Public Comments Processing, Attn: FWS-R8-ES-2009-0019
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N- Fairfax Drive, Suite 222
Arlington, VA 22203
RE: Listing Casey's June Beetle as Endangered and Designation of Critical
Habitat,
The City of Palm Springs appreciates the opportunity to provide comment on the
proposed listing of the Casey's June Beetle under the terms of the Endangered
Species Act (ESA), including the recently-released Economic Analysis of the
proposed Critical Habitat Designation. We recognize and support the purposes
of the ESA to prevent extinction and aid in the recovery of threatened species.
Notwithstanding the merits of the Act's intentions, however, it remains the City's
view that the Casey's June Beetle is not an appropriate candidate for listing at
this time, and that designation of a critical habitat is premature. Our reasons are
detailed below.
A. State of Scientific Knowledge
The City believes that there remains significant .doubt about the need for the
proposed listing of the Casey's June Beetle and designation of critical habitat
because the current state of knowledge regarding the beetle, its distribution, life
habits and habitat needs are inadequate to justify such listing and designation.
According to the US Fish and Wildlife Service's (FWS) proposed listing and other
sources, important information about the species is still unknown:
1. The species' larval stage interval is unknown;
2. There is no certainty about what the insect eats;
3. The range of the male species is not well known;
4. The climatic conditions under which the species may thrive are not well
known; and
S. The species' distribution has not been sufficiently established by reliable,
contemporary surveys.
The designation of a species for which so much has yet to be learned sets a
disturbing pattern for use of the ESA, and leaves little room for a reasoned
evaluation of the species' actual need for federal protection. Further, the
Post Office Box 2743 - Palm SoriaLzs.California 92261-274i
1
US Fish and Wildlife Service April 22, 2010
Casey's June Beetle Comments Page 2 of 4
Service's rush to designate this species is out of step with the FSA's requirement
that the.best scientific data available be used to support a listing.
B. Critical Habitat Designation
The City is also troubled by the FWS' identification of critical habitat for the
Casey's June Beetle, as well as the Service's insufficient exploration of other
areas that may be important to the species' survival and recovery. The proposed
critical habitat comprises 777 acres of lands within and adjacent to the City of
Palm Springs. Much of this land has been disturbed by human activity due-to
grading for urban development, informal trespass and recurring maintenance
(sediment removal) of flood control facilities. The proximity of human activities
has very likely permanently altered many of the environmental factors which
comprise the species' habitat (soil .surface conditions, temperature, humidity,
light, noise, etc.)
In fact, areas within the proposed critical habitat which have been subject to
significant human interaction. have shown a higher distribution of the Casey's
June Beetle than areas relatively free of direct human contact. The lack of
knowledge about the species' environmental habitat noted above extends to
explaining why the species continues to be present amid such altered conditions.
Again, the listing should not be undertaken within such a poor decision
environment.
Finally, there remains significant potential for locating the species outside the
proposed critical habitat. All studies indicate .that the Casey's June Beetle
requires certain soils types (CdG, RA, ChC, MaB and CpA soils), which are
widely distributed throughout the Coachella Valley. While other factors beside
soils play their role in supporting any species, the lack of knowledge regarding
temperature, humidity, wind, complementary plant and animal species and other
factors related to the Casey's June Beetle suggests that more work needs to be
done before tagging this species with an endangered status and adopting. a
critical habitat.
C. Recovery Plan
No recovery plan has been prepared for this species. The City understands that
such plans are often prepared two or more years after a species is listed as
endangered. However, discussions with FWS staff indicates that there is little
understanding regarding . what would be .required to "recover" this species,
including what changes to adjacent, existing or future urban development might
be required. FWS staff offered the possibility that lighting of swimming pools
may need to be regulated to avoid attracting the insects to water features where
they may drown. Without a clear knowledge of the flight range of the males,
there is no certain way to identify the need or extent of such regulations.
The latest maps provided by FWS staff indicate lands in and around the City of
Palm Springs called "exclusion areas". These areas could be made part of the
i
U$Fish and Wildlife Service April 22, 2010
Casey's June beetle Comments Page 3 of 4
recovery plan, but their selection appears to have no scientific rationale other
than a loose concept of proximity to the critical habitat. Yet, they are considered
to be important elements of any future recovery plan once the species is listed.
Once again, insufficient data is being accepted as sufficient justification for
listing,
D, Economic Analysis
City staff has reviewed the "Economic Analysis of Critical Habitat Designation for
the Casey's June Beetle (prepared Feb. 22, 2010; received March 31, 2010),
Staff is concerned about a number of the reports conclusions:
1. The report states, "...complete avoidance of critical habitat is a possible
outcome for future projects, resulting in the complete loss of value of
affected parcels. However, the Service plans to work with affected
stakeholders where possible to develop alternatives to conducting the
proposed project within habitat identified as essential for the species, or to
determine other reasonable and prudent alternatives." The City
appreciates this laudable goal, but local Service staff had indicated that
two-to-one or higher replacement of critical . habitat would likely be
necessary.for any development proposal. Rather than overestimating the
project impacts based on the promise of Service dialogue, the analysis
should simply acknowledge that designation of the critical habitat would
'lead to the greatest impact: Complete loss of the value of affected
parcels.
2. The report analyzes the economic impact of the loss of flood control
capacity that would likely result from designation of critical habitat. Loss of
capacity would result from reduced sediment removal and the potential for
reduced capacities in proposed Line 41, Stage 3 of the Palm Springs
Master Drainage Plan. Previous concerns about physical impacts have
been raised by the Riverside County Flood Control and Water
Conservation District (Set. 8 2009). However, the City believes that
additional econo
mic impacts will occur to properties which would
P p p no longer
enjoy the benefits of a well-maintained
J y flood control system, reducing
development potential and property values.
3. Finally, the report states, "...the Service notes that the City of Palm
Springs has not mandated changes in a project's design as a result of
critical habitat designation for other species". It is unfortunate that these
assertions by the FWS Carlsbad office are not supported by any evidence,
yet are taken at face value by the report's authors. In fact, the City of
Palm Springs has worked with the FWS to revise the boundaries, site
plans and operational characteristics of development projects, including
Mountain Falls, Palm Hills and Shadowrock, to support the restoration of
the Peninsular Bighorn Sheep. These efforts pre-date by nearly fifteen
years the FWS' adoption of a recovery plan for the sheep In 2000.
US Fish and Wildlife Service April 22, 2010
Casey's June Beetle Comments Page A of a
Casting groundless suspicions on the City's performance as a land use
regulatory agency raises larger questions about the report's overall bias
and reliability.
In short, the City believes that the lack of information regarding the
characteristics and habitat needs of the Casey's, June Beetle, as well as the
insufficient recognition of the economic impacts of the critical habitat designation
make a decision on designation premature. Further-study is warranted given the
potential for the species to be more widely distributed than is currently known
and to be more adaptable to human interaction than has been recognized thus
far. Additional economic analysis is also necessary to fully capture the impacts
on property values — both within the proposed critical habitat—and in other lands
that would be adversely affected by a compromised flood control system. We
ask the US Fish and Wildlife Service to postpone the listing of the Casey's June
Beetle until these matters are resolved.
Thank you for the opportunity to comment on this proposed action. Feel free to
contact meat 760-323-8269 or craig.ewing@palmspringsca.ciov.
Sincer y,
i
r r . win E ICP
Director of a ing Services
cc: Hon. Senator Barbara Boxer
Hon. Senator Dianne Feinstein
Hon. Congresswoman Mary Bono-Mack
City Council
City Manager
City Attorney
U.S. FWS, 6010 Hidden Valley Road, Carlsbad, California 92011