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Coastal Panel Seeks to Avert Battle With U.S.

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TIMES STAFF WRITER

The California Coastal Commission is working frantically to avoid a head-on collision today with the federal government over its role in shaping habitat conservation plans.

In an unprecedented move, the U.S. Department of Commerce is poised to deny the commission’s request for a seat at the table, said the commission’s executive director, Peter Douglas. A decision is due today, but the Coastal Commission will consider today giving federal officials another 30 days to rule on the request--a move that may give it a better chance of success.

Such requests have been routinely granted to 10 states. But Douglas said U.S. Secretary of Commerce Norman Y. Mineta’s chief of staff Tuesday made it “pretty clear to me that our request was not going to receive favorable treatment if they were forced to make a decision” by today.

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Mineta’s chief of staff could not be reached.

The conservation plans allow developers to set aside large chunks of land in exchange for being able to kill endangered species or pave over their habitat elsewhere.

The Coastal Commission said it needs to look at habitat conservation plans to ensure they comply with the state’s Coastal Act, the most rigorous in the nation. A denial could create a major hurdle in the state’s fight against offshore oil drilling.

Developers, ranchers and the California Chamber of Commerce all object to the commission’s request, saying that it would add another layer of bureaucracy to land-use projects. They said the commission is improperly seeking to expand its jurisdiction inland, and could torpedo many of the carefully negotiated pacts.

At the commission’s November meeting in Los Angeles, the approval looked like a sure bet. The head of the Office of Ocean and Coastal Resource Management, part of the Department of Commerce, indicated it was a good idea.

But responsibility for the matter has been transferred from that office to senior commerce department staff, said a high-ranking official who declined to be identified.

Douglas said commerce officials told him and commission Chairman Sara Wan that they do not want to grant the request until an agreement is reached between the commission and the state Department of Fish and Game on each side’s role in reviewing such plans. Though the agencies have battled, a final deal is expected by Jan. 10.

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Douglas said it is vital that federal approval be granted before George W. Bush is sworn in and appoints a new cabinet, creating a “hostile administration.”

“It would be a horrible environmental legacy for the Clinton administration,” he said.

Susan Jordan, a board member with the League for Coastal Protection, agreed. “We’re talking about a new administration that supports offshore oil drilling, a new administration that is not known for environmental protection,” she said.

Douglas said that giving up a role in habitat conservation plans would hurt the commission’s suit against the U.S. Department of Interior seeking a say over undeveloped offshore oil-drilling leases. “That would just pull the rug out from under us,” he said.

The commission says the federal Coastal Zone Management Act of 1972 gives it a say in conservation plans, offshore oil leases and any federally regulated activities outside the coastal zone that would still affect it.

Several states, including New York, Connecticut, Louisiana, Mississippi, Oregon, Minnesota, Texas, and Georgia, already have received approvals to review conservation plans.

Earlier this year, the Coastal Commission was granted permission to review a conservation plan in Carlsbad. Douglas said the commission hoped to formalize their involvement to avoid having to seek consultation rights on a case-by-case basis.

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Times staff writer Deborah Schoch contributed to this story.

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