Wednesday, June 13, 2001
Part III
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Deinandra conjugens (Otay tarplant); Proposed Rule
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DEPARTMENT OF THE INTERIOR 2001. Public hearing requests must be centimeters (2 to 10 inches) in height received by July 30, 2001. with deep green or gray-green leaves Fish and Wildlife Service ADDRESSES: If you wish to comment, covered with soft, shaggy hairs. The you may submit your comments and yellow flower heads are composed of 8 50 CFR Part 17 materials by any one of several methods: to 10 ray flowers and 13 to 21 disk 1. You may submit written comments flowers with hairless or sparingly RIN 1018–AH00 and information to the Field Supervisor, downy corollas (fused petals). The phyllaries (small bracts associated with Endangered and Threatened Wildlife Carlsbad Fish and Wildlife Office, U.S. the flower heads) are ridged and have and Plants; Proposed Designation of Fish and Wildlife Service, 2730 Loker short-stalked glands and large, stalkless, Critical Habitat for Deinandra Avenue West, Carlsbad, California flat glands near the margins. Deinandra conjugens (Otay tarplant) 92008. 2. You may hand-deliver written conjugens occurs within the range of D. AGENCY: Fish and Wildlife Service, comments to our Carlsbad Fish and fasciculata [=Hemizonia fasciculata] Interior. Wildlife Office at the address given (fasciculated tarplant) and D. paniculata [=H. paniculata] (San Diego tarplant). ACTION: Proposed rule. above. 3. You may send comments by Deinandra conjugens can be SUMMARY: We, the U.S. Fish and electronic mail (e-mail) to: distinguished from other members of Wildlife Service, propose designation of [email protected]. See the Public the genus by its ridged phyllaries, black critical habitat for Deinandra conjugens Comments Solicited section below for anthers (part of flower that produces [= Hemizonia conjugens] (Otay tarplant) file format and other information about pollen), and by the number of disk and pursuant to the Endangered Species Act electronic filing. ray flowers. The disk and ray flowers of 1973, as amended (Act). Deinandra You may view comments and each produce different types of seeds conjugens was federally listed as materials received, as well as supporting (heterocarpy) which is correlated to threatened (under the name Hemizonia documentation used in the preparation differential germination responses conjugens) throughout its range in of this proposed rule, by appointment, (Tanowitz et al. 1987). southwestern California and during normal business hours at the Most Deinandra conjugens northwestern Baja California, Mexico in above address. occurrences are closely associated with particular soils, vegetation types, and 1998. A total of approximately 2,685 FOR FURTHER INFORMATION CONTACT: Jim hectares (ha) (6,630 acres (ac)) in San elevation range within southwestern Bartel, Field Supervisor, Carlsbad Fish San Diego County, California, and Diego County, California, are proposed and Wildlife Office, U.S. Fish and for designation as critical habitat for D. northwestern Baja California, Mexico. Wildlife Office, at the above address The majority of D. conjugens conjugens. We have not proposed (telephone 760/431–9440; facsimile critical habitat on lands covered by an occurrences are associated with clay 760/431–9618). soils and with grasslands (native, non- existing, legally operative, Habitat SUPPLEMENTARY INFORMATION: Conservation Plan (HCP) under section native, and mixed), coastal sage scrub, 10(a)(1)(B) of the Act in which Background or maritime succulent scrub. Current information indicates that D. conjugens Deinandra conjugens is a covered Deinandra conjugens (Otay tarplant) species. In areas where HCPs have not has a narrow geographic and elevation was known as Hemizonia conjugens range based on information from yet been completed, we have proposed when it was listed on October 13, 1998 herbarium records at the San Diego designation of critical habitat for lands (63 FR 54938). Since then, studies Natural History Museum (SDNHM) and encompassing essential habitat for analyzing plant and flower morphology CNDDB (2000) records. Deinandra conjugens. and genetic information prompted Deinandra conjugens is strongly If this proposal is made final, section Baldwin (1999) to revise the Madiinae correlated with clay soils, subsoils, or 7 of the Act requires Federal agencies to (tarplants), a tribe in the Asteraceae lenses (Bauder and Truesdale 2000). ensure that actions they fund, authorize, (sunflower family), and reclassify Clay soils are heavy (dense) soils with or carry out do not destroy or adversely several species into new or different small particles. Such soils typically modify critical habitat to the extent that genera. As a result, Deinandra support grasslands, but may support the action appreciably diminishes the conjugens is now the accepted scientific some woody vegetation. Much of the value of the critical habitat for the name for Hemizonia conjugens. This area with clay soils and subsoils within survival and recovery of the species. taxonomic change does not alter the the historical range of D. conjugens Section 4 of the Act requires us to limits or definition of D. conjugens. likely was once vegetated with native consider economic and other impacts of Because this taxonomic change was grassland and open coastal sage scrub specifying any particular area as critical published and is generally accepted by and maritime succulent scrub, which habitat. the scientific community, we are provided suitable habitat for D. We solicit data and comments from proposing to change the name of H. conjugens. Based on our Geographic the public on all aspects of this conjugens to D. conjugens in 50 CFR Information System (GIS) analysis, most proposal, including data on economic 17.12 (h), and will use D. conjugens in current and historical D. conjugens and other impacts of the designation. this proposed rule. occurrences (92 percent) are found on We may revise or further refine critical Deinandra conjugens was first clay soils or lenses in one of the habitat boundaries prior to final described by David D. Keck (1958) as following soil types: Diablo clay, designation based on habitat and plant Hemizonia conjugens based on a Olivenhain cobbly loam, Linne clay surveys, public comments on the specimen collected by L.R. Abrams in loam, Salinas clay loam, Huerhuero proposed critical habitat rule, 1903 from river bottom land in the Otay loam, Diablo-Olivenhain complex, finalization of pending habitat Valley area of San Diego County, Stockpen gravelly clay, and San Miguel- conservation plans, and new scientific California. Deinandra conjugens is a Exchequer rocky silt loams. and commercial information. glandular, aromatic annual of the Deinandra conjugens is also strongly DATES: We will accept comments until Asteraceae. It has a branching stem that associated with particular vegetation the close of business on August 13, generally ranges from 5 to 25 types. The species is found in vegetation
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communities classified as, but not incompatible) (Keck 1959; Tanowitz the extent of observable plants seen in limited to, grasslands (native, non- 1982; B. Baldwin, in litt. 2001). Gene a given year. The number and location native, and mixed), open coastal sage flow is important for the long-term of standing plants in a population varies scrub, maritime succulent scrub, and survival of self-incompatible species annually due to a number of factors, the margins of some disturbed sites and (Ellstrand 1992) such as through including the amount and timing of cultivated fields (California Natural pollination. Gene flow in D. conjugens rainfall, temperature, soil conditions, Diversity Data Base (CNDDB) 2000; is essentially achieved through pollen and the extent and nature of the seed Keck 1959; Keil 1993; Skinner and movement among populations. The bank. Large annual fluctuations in the Pavlik 1994; David Hogan, San Diego movement of pollen likely occurs over number of standing plants in a given Biodiversity Project, in litt. 1990; Bruce short distances because most of the site have been documented. Population Baldwin, Jepson Herbarium, pers. insects that visit Deinandra are size has ranged from 1 to over 5,400 comm. 2001; Mark Dodero, RECON, relatively localized and generally travel standing plants at a site on northwest pers. comm. 2001; Scott McMillan, less than 0.5 km (0.3 mi) at one time. Otay Mesa (CNDDB 2000; City of San McMillan Biological Consulting, pers. Because small inter-population Diego, in litt. 1999), from approximately comm. 2001). Plant species common to occurrences of D. conjugens may 100 to 50,000 in a site in Rice Canyon these vegetation communities include facilitate greater gene flow, this (CNDDB 2000), and from approximately Nassella spp. (needlegrass), Bloomeria conservation may be critical to 280,000 to 1.9 million at San Miguel crocea (common goldenstar), maintaining genetic diversity in D. Ranch South (CNDDB 2000; Merkel & Dichelostemma pulchella (blue dicks), conjugens. Pollinators of D. conjugens Associates, in litt. 1999). In any given Chlorogalum spp. (soap plant), Bromus include, but are not limited to, bee flies year, the observable plants in a spp. (brome grass), Avena spp. (oats), (Bombylliidae); hover flies (Syrphidae); population are only the portion of the Deinandra fasciculata (fasciculated digger, carpenter, and cuckoo bees individuals from the seed bank that tarweed), Lasthenia californica (Anthophoridae); and metallic bees germinated that year. These annual (common goldfields), Artemisia (Halictidae) (Krombein et al. 1979; M. fluctuations make it look as though a californica (California sagebrush), Dodero, pers. comm. 2001). The population of annual plants ‘‘moves’’ Eriogonum fasciculatum (flat-top following bee species have been from year to year, when in actuality, a buckwheat), Lotus scoparius (deer documented visiting Deinandra species: different portion of a population weed), Salvia spp. (sage), Mimulus Nomia melanderi, Colletes angelicus, germinates and flowers each year. The aurantiacus (bush monkeyflower), Nomadopsis helianthi, Ventralis occurrence and spatial distribution of a Malacothamnus fasciculatum claypolei ausralior, Anthidiellum standing population of plants is (bushmallow), Malosma laurina (laurel notatum robertsoni, Heriades generally the result of the occurrence sumac), Rhus ovata (sugar bush), R. occidentalis, Anthocopa hemizoniae, and spatial distribution of the micro- integrifolia (lemonade berry), Lycium Ashmeadiella californica californica, environmental conditions conducive to spp. (boxthorn), Euphorbia misera (cliff Svastra sabinensis nubila, Melissodes the germination of the seeds and growth spurge), Simmondsia chinensis (jojoba), tessellata, M. moorei, M. personatella, of the plants within the seed bank of a Opuntia spp. (prickly pear and cholla M. robustior, M. semilupina, M. lupina, population. cactuses), Ferocactus viridescens M. stearnsi, Anthophora urbana urbana, Determining the size/magnitude of a (coastal barrel cactus), Ambrosia and A. curta curta (Krombein et al. given Deinandra conjugens population chenopodiifolia (San Diego bur sage), 1979). is difficult due to the major fluctuations and Dudleya spp. (live-forevers). Deinandra conjugens fruits are each that have been documented in known Based on information from herbarium one-seeded and are likely to be sites (CNDDB 2000; Merkel & records at the San Diego Natural History dispersed by small to large-sized Associates, in litt. 1999). Conditions Museum (SDNHM) and CNDDB (2000) mammals and birds based on the sticky during some years are better for growth records, Deinandra conjugens has a nature of the remaining flower parts that and reproduction of D. conjugens in narrow geographic distribution. are attached to the fruits and the some populations (and even some Additional information since the listing discontinuous distribution of other portions of a population) than other indicates that the historical range for D. tarplants (B. Baldwin, in litt. 2001; M. years. Because the number of standing conjugens in San Diego County, Dodero, pers. comm. 2001; Elizabeth plants in a given population can vary by California, is from the Mexican border Friar, Claremont Graduate University, orders of magnitude from one year to north to Spring Valley and Paradise pers. comm. 2001; Gjon Hazard, U. S. the next, the number of standing plants Valley, a distance of about 24 kilometers Fish and Wildlife Service (Service), observed in a population in any one (km) (15 miles (mi)), and from Interstate pers. comm. 2001). Likely seed/fruit year does not indicate the magnitude of 805 east to Otay Lakes Reservoir, a dispersal organisms include, but are not that population. distance of about 13 km (8 mi). Further, limited to, mule deer (Odocoileus The largest number of Deinandra based on these museum and database hemionus), gray foxes (Urocyon conjugens plants were recorded in 1998 records, the elevational range for D. cinereoargenteus), coyotes (Canis when it was estimated that there were conjugens appears to be between 25 and latrans), black-tailed jackrabbits (Lepus over 2 million individuals for the 300 meters (m) (80 and 1000 feet (ft)). californicus bennettii), bobcats (Felis species as a whole (CNDDB 2000; Because other Deinandra species have rufus), striped skunks (Mephitis Merkel & Associates, in litt. 1999). been documented outside of these mephitis), opossums (Didelphis However, the number of standing plants elevations and geographic distributions, virginiana), racoons (Procyon lotor), and in most years is probably considerably during the same time periods, but small land birds. fewer. To demonstrate this variability, absent D. conjugens, we believe these to The Deinandra conjugens seed bank the species was thought to be extinct as be the elevation and range limits for this (a reserve of dormant seeds, generally a result of extensive development species in the United States. found in the soil) is important for its within its range until its rediscovery in Typically, Deinandra conjugens and year-to-year and long-term survival Estado de Baja California, Mexico in other tarplants cannot produce viable (Given 1994, Rice 1989). A seed bank 1977 (Tanowitz 1978). Conversely, the seeds without cross pollinating with includes all of the seeds in a population largest population (Rancho San Miguel) other individuals (i.e. are extremely self- and generally covers a larger area than supported about 1.9 million plants
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during 1998 when southern California been lost to development or agriculture possession indicated listing was experienced El Nin˜ o weather (63 FR 54938). Since the listing, possibly appropriate but for which conditions, which resulted in a additional habitat has been lost to substantial information on biological particularly wet and prolonged growing development (e.g., urban, commercial, vulnerability and threats were not season (Merkel & Associates, in litt. industrial, residential) and agriculture known or on file to support preparation 1999). (e.g., grazing, farming). of proposed rules. In 1998, the five largest populations of Deinandra conjugens appears to On December 14, 1990, we received a Deinandra conjugens (Rancho San tolerate mild levels of disturbance such petition dated December 5, 1990, from Miguel, Rice Canyon, Dennery Canyon, as light grazing (D. Hogan, in litt. 1990; Mr. David Hogan of the San Diego Poggi Canyon, and Proctor Valley) were Barry Tanowitz, University of Biodiversity Project, to list Deinandra known to support about 98 percent of California, in litt. 1977). Such mild conjugens as endangered. The petition all reported standing plants (CNDDB disturbances may create sites conducive also requested designation of critical 2000; San Diego Gas and Electric 1995; to germination (B. Tanowitz, in litt. habitat. Because D. conjugens was Roberts 1997; Merkel & Associates, in 1977). However, the species is otherwise included in the Smithsonian litt. 1999; Sandra Morey, California threatened by urbanization and related Institution’s Report of 1975, designated Department of Fish and Game (CDFG), activities, intensive agriculture, and the as House Document No. 94–51, that had in litt. 1994; Ogden Environmental invasion of non-native species which been accepted as a petition, we regarded 1992; Brenda Stone, California may result in significant disturbance to Mr. Hogan’s petition to list this taxon as Department of Transportation, in litt. populations (63 FR 54938). Because of a second petition. We ultimately 1994) with each reportedly containing these threats, we anticipate that responded to the petitions by publishing more than 10,000 standing plants. Of intensive long-term monitoring and a proposed rule to list D. conjugens as the remaining populations, 8 are management will be needed to conserve endangered on August 9, 1995 (60 FR reported to support from 1,000 to 8,000 this species. 40549). On October 13, 1998, we plants each; 9 are reported to support At the time the species was listed in published a final rule listing D. fewer than 1,000 plants each; and 3 are 1998, we estimated that about 11,930 ha conjugens as threatened (63 FR 54938). considered to be extirpated (CNDDB (30,310 ac) of land with clay soils or At that time, we indicated that 2000). These populations occur on clay subsoils were within the general designation of critical habitat was not Federal, local, and private lands range of Deinandra conjugens in San prudent. (CNDDB 2000). Diego County, California (63 FR 54938). On July 15, 1999, the California The smaller populations of Deinandra Also at that time, about 4,200 ha (10,600 Native Plant Society (CNPS) and conjugens are essential to the survival ac) (about 37 percent) of this area had Southwest Center for Biological and conservation of the species because been urbanized and about 4,155 ha Diversity (SWCBD) filed a lawsuit in they are strategically located between (10,555 ac) (about 37 percent) had been Federal District Court for the Southern larger populations and facilitate gene heavily cultivated and grazed (63 FR District of California, in part, flow among them. Gene flow has been 54938). Additional areas have been lost challenging our decision not to demonstrated to reduce local and global to urbanization since this time. New designate critical habitat for Deinandra extinction rates in a number of species information from herbarium records at conjugens (California Native Plant (Hanski 1998; B. Baldwin, in litt. 2001). the SDNHM indicates that the historic Society; et al. v. Babbitt, et al., Processes such as mutation, genetic range of D. conjugens extended further 99CV1454 L (S.D.Cal.). On December 21, migration, and random genetic drift are to the north and northwest. Most of the 2000, we entered into a stipulated known to adversely affect small habitat in this additional area has settlement agreement with the plaintiffs populations (Barrett and Kohn 1991). already been lost to development. Much under which we agreed to reevaluate the Adverse effects from these processes on of the cultivated and grazed lands in prudency determination for D. D. conjugens are magnified by its self- this range could be restored to support conjugens. Under the settlement incompatibility (Keck 1959; Tanowitz D. conjugens, which can grow in the agreement, if we determine that critical 1982; B. Baldwin, in litt. 2001). margins of cultivated fields (S. habitat is prudent, we are to publish in Maintaining gene flow among the McMillan, pers. comm. 2001; M. the Federal Register a proposed rule to populations is essential to counter the Dodero, pers. comm. 2001). However, designate critical habitat by June 5, adverse effects from the processes most of these lands will likely be 2001, with a final determination to be mentioned above, and to ensure the unavailable for the species because of completed by May 30, 2002. This long-term survival and conservation of proposed land use (FWS GIS database proposed critical habitat determination this species. 2001 which includes coverages from is consistent with this stipulated Deinandra conjugens has a limited San Diego Association of Governments). settlement agreement. distribution consisting of at least 25 historical populations near Otay Mesa Previous Federal Action Critical Habitat in southern San Diego County and one On December 15, 1980, we published Critical habitat is defined in section 3 population near the United States a Notice of Review of plants which of the Act as—(I) the specific areas border in Baja California, Mexico (CDFG included Deinandra conjugens as a within the geographic area occupied by 1994; Roberts 1997; CNDDB 2000; category 1 candidate taxon (45 FR a species, at the time it is listed in Reiser 1996; herbarium records at the 82480). Category 1 taxa were those taxa accordance with the Act, on which are SDNHM; S. Morey, in litt. 1994). Three for which substantial information on found those physical or biological of the 25 historic localities of D. biological vulnerability and threats are features (I) essential to the conservation conjugens in the United States are available to support preparation of of the species and (II) that may require considered to be extirpated (CNDDB listing proposals. On November 28, special management considerations or 2000; D. Hogan, in litt. 1990; S. Morey, 1983, we published a supplement to the protection; and (ii) specific areas in litt. 1994). At the time the species 1980 Notice of Review that treated D. outside the geographic area occupied by was listed in 1998, we estimated that 70 conjugens as category 2 candidate taxa a species at the time it is listed, upon percent of the suitable habitat for this (48 FR 53640). Category 2 candidates a determination that such areas are species within its known range had were taxa for which data in our essential for the conservation of the
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species. ‘‘Conservation’’ means the use will not speculate about what areas or may not be required for recovery. of all methods and procedures that are might be found to be essential if better Areas outside the critical habitat necessary to bring an endangered information became available, or what designation will continue to be subject species or a threatened species to the areas may become essential over time. If to conservation actions that may be point at which listing under the Act is the information available at the time of implemented under section 7(a)(1) and no longer necessary. designation does not show that an area to the regulatory protections afforded by Critical habitat receives protection provides essential life cycle needs of the the section 7(a)(2) jeopardy standard under section 7 of the Act through the species, then the area should not be and the section 9 take prohibition, as prohibition against destruction or included in the critical habitat determined on the basis of the best adverse modification with regard to designation. Within the geographic area available information at the time of the actions carried out, funded, permitted, occupied by the species, we will not action. We specifically anticipate that or authorized by a Federal agency. designate areas that do not now have the federally funded or assisted projects Section 7 also requires conferences on primary constituent elements, as affecting listed species outside their Federal actions that are likely to result defined at 50 CFR 424.12(b), that designated critical habitat areas may in the destruction or adverse provide essential life cycle needs of the still result in jeopardy findings in some modification of proposed critical species. cases. Similarly, critical habitat habitat. In our regulations at 50 CFR Our regulations state that, ‘‘The designations made on the basis of the 402.02, we define destruction or adverse Secretary shall designate as critical best available information at the time of modification as ‘‘a direct or indirect habitat areas outside the geographic area designation will not control the alteration that appreciably diminishes presently occupied by a species only direction and substance of future the value of critical habitat for both the when a designation limited to its recovery plans, habitat conservation survival and recovery of a listed species. present range would be inadequate to plans, or other species conservation Such alterations include, but are not ensure the conservation of the species.’’ planning efforts if new information limited to, alterations adversely (50 CFR 424.12(e)). Accordingly, when available to these planning efforts calls modifying any of those physical or the best available scientific and for a different outcome. biological features that were the basis commercial data do not demonstrate for determining the habitat to be that the conservation needs of the Prudency Determination critical.’’ Aside from the added species require designation of critical Section 4(a)(3) of the Act, as protection that may be provided under habitat outside of occupied areas, we amended, and implementing regulations section 7, the Act does not provide other will not designate critical habitat in (50 CFR 424.12) require that, to the forms of protection to lands designated areas outside the geographic area maximum extent prudent and as critical habitat. Because consultation occupied by the species. determinable, we designate critical under section 7 of the Act does not Our Policy on Information Standards habitat at the time the species is apply to activities on private or other Under the Endangered Species Act, determined to be endangered or non-Federal lands that lack a Federal published in the Federal Register on threatened. At the time of the final nexus, critical habitat designation July 1, 1994 (59 FR 34271), provides listing determination (63 FR 54938), we would not afford any additional criteria, establishes procedures, and concluded that designation of critical protections under the Act with respect provides guidance to ensure that our habitat for Deinandra conjugens was not to such activities. decisions represent the best scientific prudent because such designation To be included in a critical habitat and commercial data available. It would not benefit the species. Our designation, the habitat must first be requires Service biologists, to the extent regulations (50 CFR 424.12(a)(1)) state ‘‘essential to the conservation of the consistent with the Act, and with the that designation of critical habitat is not species.’’ Critical habitat designations use of the best scientific and prudent when one or both of the identify, to the extent known using the commercial data available, to use following situations exist—(1) The best scientific and commercial data primary and original sources of species is threatened by taking or other available, habitat areas that provide information as the basis for human activity, and identification of essential life cycle needs of the species recommendations to designate critical critical habitat can be expected to (i.e., areas on which are found the habitat. When determining which areas increase the degree of such threat to the primary constituent elements, as are critical habitat, a primary source of species, or (2) such designation of defined at 50 CFR 424.12(b)). information should, at a minimum, be critical habitat would not be beneficial Section 4 requires that we designate the listing package for the species. to the species. critical habitat, to the extent such Additional information may be obtained In our final rule, we concluded that habitat is determinable, at the time of from a recovery plan, articles in peer- the designation of critical habitat for listing. When we designate critical reviewed journals, conservation plans Deinandra conjugens was not prudent, habitat at the time of listing or under developed by States and counties, explaining that such designation would short court-ordered deadlines, we will scientific status surveys and studies, not benefit the species because it occurs often not have sufficient information to biological assessments, unpublished primarily on private lands with little or identify all areas of critical habitat. We materials, and expert opinion. no Federal involvement (63 FR 54954). are required, nevertheless, to make a Habitat is often dynamic, and species We now conclude that there may be decision and thus must base our may move from one area to another over some additional benefits to designating designations on what, at the time of time. Furthermore, we recognize that critical habitat. While a critical habitat designation, we know to be critical designation of critical habitat may not designation for habitat currently habitat. include all of the habitat areas that may occupied by this species would not Within the geographic area occupied eventually be determined to be likely change the section 7 consultation by the species, we will designate only necessary for the recovery of the because an action that destroys or areas currently known to be essential. species. For these reasons, all should adversely modifies such critical habitat Essential areas should already have the understand that critical habitat would also be likely to result in features and habitat characteristics that designations do not signal that habitat jeopardy to the species, there may be are necessary to sustain the species. We outside the designation is unimportant instances where section 7 consultation
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would be triggered only if critical Electric HCP (1995); and a habitat ecological functions within these sites, habitat is designated (for example, if we evaluation model for the Otay Mesa the preservation of the connectivity designated unoccupied habitat, or if Generating Project. between sites to maintain the natural occupied habitat became unoccupied in order of gene flow between sites through Primary Constituent Elements the future). pollinator activity and seed dispersal There may also be some educational In accordance with section 3(5)(A)(i) mechanisms, the protection and or informational benefits to designating of the Act and regulations at 50 CFR maintenance of sites for the survival of critical habitat. Critical habitat may be 424.12, in determining which areas to pollinators and seed dispersal agents, used as a tool to help identify areas propose as critical habitat, we must and the preservation of suitable micro- within the range of Deinandra consider those physical and biological habitat sites that could be recolonized conjugens essential for the conservation features (primary constituent elements) and allow a population to survive a of the species. For example, designation that are essential to the conservation of catastrophic event. The small of critical habitat on non-Federal lands the species, and that may require special fragmented range of this species, may provide some educational benefit management considerations or coupled with its breeding system (i.e., by formally identifying on a range-wide protection. These include, but are not its self-incompatibility and annual basis those areas essential to the limited to: space for individual and nature), makes it especially vulnerable conservation of the species and, thus, population growth, and for normal to natural and anthropogenic effects areas that are likely to be the focus of behavior; food, water, air, light, including disturbance from human and recovery efforts for D. conjugens. minerals, or other nutritional or agricultural activities; spread of non- In addition, three significant physiological requirements; cover or native species; and nearby use of occurrences of Deinandra conjugens shelter; sites for breeding, reproduction, herbicides, pesticides, and other now occur on Federal lands, two on the rearing of offspring; and habitats that are contaminants (63 FR 54938; B. Baldwin, Otay-Sweetwater Unit of the San Diego protected from disturbance or are pers. comm. 2001; S. McMillan, pers. National Wildlife Refuge (SDNWR) and representative of the historic comm. 2001). one on Brown Field, which is under the geographical and ecological Based on our current knowledge of authority of the Immigration and distributions of a species. All areas this species, the primary constituent Naturalization Service-Border Patrol proposed as critical habitat for elements of Deinandra conjugens (INS). The land that contains the two Deinandra conjugens are within the critical habitat consist of, but are not occurrences on SDNWR was acquired historical range and contain one or more limited to: after the species was listed and the of these physical or biological features (1) soils with a high clay content occurrence on the INS site was only (primary constituent elements) essential (generally >25 percent) (or clay known as a point locality, but was for the conservation of the species. intrusions or lenses) that are associated determined to be much more extensive The proposed critical habitat is with grasslands (native, non-native, and (with more than 5,000 standing plants) designed to provide sufficient habitat to mixed), open coastal sage scrub, or after the species was listed. maintain self-sustaining populations of maritime succulent scrub communities Based on our discussion above, we Deinandra conjugens throughout its between 25 m (80 ft) and 300 m (1000 now conclude that there may be some range, and provide those habitat ft) elevation; and additional benefits to designating components essential for the (2) plant communities associated with critical habitat on lands essential for the conservation of the species. Habitat Deinandra conjugens which include, conservation of Deinandra conjugens. components that are essential for D. but are not limited to grasslands (native, Therefore, it is prudent to propose the conjugens are found in vegetation non-native, and mixed), open coastal designation of critical habitat for D. communities classified as, but not sage scrub, and maritime succulent conjugens. limited to, grasslands (native, non- scrub between 25 and 300 m (80 and native, and mixed), coastal sage scrub, 1,000 ft) elevation in southwestern San Methods or maritime succulent scrub in Diego County, California. Species In determining areas that are essential southwestern San Diego County, common to these communities include to conserve Deinandra conjugens, we California. These habitat components Nassella spp. (needlegrasses), Bloomeria used the best scientific data available. provide for: (1) Individual and crocea (common goldenstar), We reviewed available information that population growth, including sites for Dichelostemma pulchella (blue dicks), pertains to the habitat requirements of germination, pollination, reproduction, Chlorogalum spp. (soap plants), Bromus this species, including data from pollen and seed dispersal, and seed spp. (brome grasses), Avena spp. (oats), research and survey observations dormancy; (2) areas that allow gene flow Deinandra fasciculata (fascicled published in peer-reviewed articles; and provide connectivity or linkage tarweed), Lasthenia californica regional GIS coverages (e.g., soils, between or within larger populations, (common goldfields), Artemisia known locations, vegetation, land including open spaces and disturbed californica (California sagebrush), ownership, and habitat conservation areas that in some instances may also Eriogonum fasciculatum (flat-top plan (HCP) boundaries); information contain introduced plant species; (3) buckwheat), Lotus scoparius (deer from herbarium collections such as from areas that provide basic requirements weed), Salvia spp.(sages), Mimulus SDNHM; data from the CNDDB (2000); for growth such as water, light, minerals aurantiacus (bush monkeyflower), data collected from project-specific and (i.e., watersheds); and (4) areas that Malacothamnus fasciculatum other miscellaneous reports submitted support populations of pollinators and (bushmallow), Malosma laurina (laurel to us; additional data from the San seed dispersal organisms. sumac), Rhus ovata (sugar bush), R. Diego County Multiple Species The long-term survival and integrifolia (lemonade berry), Lycium Conservation Program (MSCP), such as conservation of Deinandra conjugens is spp. (boxthorns), Euphorbia misera (cliff information from various Subarea or dependent upon a number of factors, spurge), Simmondsia chinensis (jojoba), draft Subarea Plans (e.g., City of San including the protection and Opuntia spp. (prickly pear and cholla Diego, County of San Diego, City of La management of existing population cactuses), Ferocactus viridescens Mesa, and City of Chula Vista); sites, the protection of inter-population (coastal barrel cactus), Ambrosia information in the San Diego Gas and occurrences, the maintenance of normal chenopodiifolia (San Diego bur sage),
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and Dudleya spp. (live-forevers). These closely related Holocarpha macradenia As we discuss in detail below (see plant communities contain natural (Santa Cruz tarplant), seemingly ‘‘Relationship To Habitat Conservation openings that provide nesting, foraging, unoccupied habitat has been Plans and Other Planning Efforts’’), and dispersal sites for D. conjugens determined to contain a viable seed lands that are covered by an existing, pollen and seed dispersal agents. These bank where standing plants have not legally operative, HCP with an operative openings may have soil inclusions that been seen in over 7 years (Bainbridge, implementing agreement (IA) in which contain a significantly higher in litt. 1999). By overlapping known Deinandra conjugens is a covered concentration of sandy soils than the occurences of D. conjugens with species are not being proposed for adjacent clay soils. appropriate soil types, elevations, and designation as critical habitat and have other habitat characteristics, we have not been included in the mapped areas Criteria Used To Identify Critical included what we believe is the likely because the benefits of exclusion Habitat distribution of the seed bank around outweigh the benefits of inclusion In our proposed delineation of critical known historical occurrences of D. pursuant to section 4(b)(2) of the Act. habitat for Deinandra conjugens, we conjugens. Areas excluded based on this criterion selected areas essential to the We then eliminated areas that did not include lands within the MSCP for the conservation of the species from within contain both appropriate soils and County and City of San Diego, with the its known historical range. We used data appropriate vegetation such as, but not exception of those lands within the from documented occurrences, various limited to, currently used agriculture major and minor amendment areas, GIS layers, and recent aerial fields, housing developments, and open where the impacts to and conservation photography. These data include D. water. Next, we eliminated all areas of D. conjugens have not been conjugens locations, soils, vegetation, above 300 m (1000 ft) elevation, the addressed. Apart from the lands with elevation, topography, and current land upper limit of the known distribution of operative HCPs, the majority of the uses. D. conjugens, based on herbarium remaining occupied habitat for D. We began by using the GIS layers to records. We also compared the conjugens falls within designated or identify areas of suitable habitat within remaining areas of suitable D. conjugens draft preserve areas within the MSCP. the geographic distribution of this habitat with recent project information In defining critical habitat boundaries, species. We selected areas with and aerial photography so we did not we made an effort to exclude all appropriate soils and vegetation that are include areas that have recently been developed areas, such as towns or limited to the elevational range of the developed or had negative surveys for housing developments, and lands species within its known distribution. D. conjugens. unlikely to contain the primary We then selected soils and plant We conducted this analysis to constituent elements essential for communities that overlapped known facilitate delineating suitable habitat conservation of Deinandra conjugens. Deinandra conjugens occurrences. containing the primary constituent Our 100-m UTM grid minimum Areas occupied by D. conjugens can not elements. The long-term survival and mapping unit was designed to minimize be determined accurately either by conservation of D. conjugens is the amount of development along the cursory field examination or by the dependent upon the protection and urban edge included in our designation. limited data from historic observations. management of existing occurrences, Lands containing existing features and The entire population of an annual including the seed bank, and the structures, such as buildings, roads, plant (which includes all of the seeds in maintenance of ecological functions railroads, urban development, and other the subterranean seed bank and the within these areas, including similar developed features that do not observable plants above ground) is not connectivity within and among sites to contain primary constituent elements, visible at any one time. The entire seed allow effective pollinator activity and are not considered critical habitat and bank does not germinate at once, and seed dispersal. are not proposed as critical habitat. the visible population of plants rarely The boundaries of proposed critical Federal actions limited to those areas reflects the extent of the seed bank. habitat for Deinandra conjugens, shown would not trigger a section 7 There may be no visible evidence of a on the attached maps and defined in the consultation, unless they affect the plant population for a year or even a legal description, are based on a 100- species and/or primary constituent span of several years, until local meter Universal Transverse Mercator elements in adjacent critical habitat. climatic and other conditions are (UTM) grid, boundaries that have been The proposed critical habitat units suitable for seed germination. The legally described for the City of Chula described below constitute our best extent and distribution of the observable Vista’s draft preserve design for their assessment of areas that are essential for plant population may move, shrink, or draft MSCP Subarea Plan and the the species’ conservation. We anticipate grow as conditions change, without a County of San Diego’s major and minor that in the time between the proposed similar change in the distribution of the amendment areas for their MSCP rule and the final rule, and based upon seed bank. As a result, the mapping of Subarea Plan, Sweetwater Authority the additional information received D. conjugens occurrences has been lands (a water district in San Diego during the public comment period and variable, depending both on the scale of County), Otay Water District lands, field surveys, that the boundaries of the the mapping and the year in which the Federal lands (e.g., INS, SDNWR), and mapping units may be refined. surveys were conducted (documented Trust for Public Lands property. This Critical Habitat Proposal examples include records ranging from grid was overlaid on those areas one to more than 5,400 plants for one determined to be essential and indicated The approximate area encompassing population, from about 100 to 50,000 in by the D. conjugens habitat analysis the proposed designation of critical another, and from 280,000 to 1.9 million where we did not have legal habitat by county and land ownership is plants in another population). In the descriptions for boundaries. shown in Table 1.
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TABLE 1.—APPROXIMATE PROPOSED CRITICAL HABITAT IN HECTARES (HA) (ACRES (AC)) BY COUNTY AND LAND OWNERSHIP [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within 1]
County Federal 2 State/Local Private Total
San Diego ...... 625 ha (1,545 ac) ... 590 ha (1,455 ac) ... 1,470 ha (3,630 ac) 2,685 ha (6,630 ac) Total ...... 625 ha (1,545 ac) ... 590 ha (1,455 ac) ... 1,470 ha (3,630 ac) 2,685 ha (6,630 ac)
1 Approximate hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, approxi- mate hectares and acres have been rounded to the nearest 5. 2 Federal lands include the Service and INS lands.
Critical habitat includes habitat 1998 growing seasons (CNDDB 2000; Unit 2: Chula Vista Unit throughout the species’ current range in Merkel & Associates, in litt. 1999). The The Chula Vista Unit encompasses the United States (San Diego County, Rolling Hills population, which had approximately 210 ha (515 ac) at the California). Lands proposed are under approximately 27,000 standing plants in western portion of this plant’s range. Federal, State, local, and private the 2000 growing season (Stephen Most of the occurrences and ownership. Federal lands include areas Neudecker, Helix Environmental populations in this unit are found in the owned or managed by the Service and Planning, Inc., in litt. 2001), and the remaining habitat patches along canyon INS. Lands proposed as critical habitat Proctor Valley population, which had edges that were not optimum for have been divided into three critical approximately 10,000 standing plants in urbanization. This unit contains lands habitat units. We are proposing to the 1990 growing season (CNDDB 2000), that are proposed as preserve under the designate critical habitat on lands that are also included. This unit also City of Chula Vista’s Subarea Plan, are considered essential to the contains an area on the north side of the lands that are in a minor amendment conservation of Deinandra conjugens. area under the County of San Diego’s Each of the critical habitat units for D. Sweetwater Reservoir where reports indicate there are approximately 2,000 Subarea Plan, or lands that are in a conjugens is considered to be occupied minor amendment area under the City by either seeds as part of the seed bank standing plants (Roberts 1997), and an area on the north portion of the SDNWR of Chula Vista’s Subarea Plan. or standing plants. A brief description of This unit contains the Rice Canyon that had approximately 2,000 standing each unit, and reasons for proposing to population, which had more than designate it as critical habitat, are plants in 1993 (CNDDB 2000). 50,000 standing plants in 1994 (CNDDB presented below. Additionally, there are a number of new 2000), and portions of (occurrences occurrences in this unit between the Unit 1: Sweetwater/Proctor Valley Unit within) the Poggi Canyon population populations that were documented that had a reported 10,000 standing The Sweetwater/Proctor Valley Unit since the species was listed in 1998. plants in 1990 (CNDDB 2000). This unit encompasses approximately 1,565 ha These newly discovered ‘‘inter- contains populations in the western (3,865 ac) at the northeastern limit of population’’ occurrences provide portion of this species’ distribution this species’ distribution. This unit is genetic connectivity throughout this which though currently isolated from south and east of State Route 54, south unit and among the Deinandra each other may contain significant and west of State Route 94, and north conjugens populations. One of these amounts of genetic diversity and are, of Upper Otay Reservoir. It includes newly discovered occurrences had therefore, essential to the survival and portions of the Otay/Sweetwater Unit of approximately 1,000 standing plants in conservation of the species. Peripheral SDNWR; lands belonging to the 2000 (S. McMillan, in litt. 2001) and populations may have genetic Sweetwater Authority around the another had over 27,000 standing plants characteristics essential to overall long- Sweetwater Reservoir; lands belonging (S. Neudecker, in litt. 2001). term conservation of the species (i.e. to the Otay Water District; lands that are they may be genetically different than proposed as preserve under the City of This unit contains multiple large more central populations) (Lesica and Chula Vista’s Subarea Plan; portions of Deinandra conjugens populations that Allendorf, 1995). two project areas within the City of are capable of producing large numbers Chula Vista’s Subarea Plan, but outside of individuals in good years, which is Unit 3: Otay Valley/Big Murphy’s Unit of the proposed preserve lands; and important for this species to survive The Otay Valley/Big Murphy’s Unit lands that are within major and minor through a variety of natural and encompasses approximately 910 ha amendment areas within the County of environmental changes, as well as (2,249 ac). It is east of Interstate 805, San Diego’s Subarea Plan. Two areas in stochastic (random) events. This unit north of the International Boundary this unit have not been proposed as contains populations in the north and between the United States and Mexico critical habitat, including the alignment eastern portions of this species’ on the east side, north of State Route for State Route 125 south and the San distribution which may be important for 905 on the west side, west of Otay Diego County Park campground its long-term survival and conservation. Mountain, and along the north rim of realignment and expansion because The populations in this unit can Otay Valley including Salt Creek and Wolf Canyon. This unit includes lands these areas have been analyzed and maintain genetic connectivity within owned by INS, lands that are proposed determined not to be essential. and among themselves, and they may This unit contains several large as preserve under the City of Chula maintain genetic connectivity with the populations of Deinandra conjugens, Vista’s Subarea Plan, and lands that are including a portion of the Rancho San Otay Valley/Big Murphy’s Unit. in major and minor amendment areas in Miguel population estimated to contain Therefore, the populations in this unit the County of San Diego’s Subarea Plan. approximately 855,000 standing D. are essential to the survival and Areas in this unit that are within the conjugens plants during the 1995 and conservation of the species. alignment for State Route 125 south
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have not been proposed as critical important genetic connectivity between If a species is listed or critical habitat habitat because these areas have been the Salt Creek and Otay Valley is designated, section 7(a)(2) requires analyzed and determined not to be populations. Federal agencies to ensure that activities essential. Because this unit contains a number they authorize, fund, or carry out are not This unit contains several large of large Deinandra conjugnes likely to jeopardize the continued populations of Deinandra conjugens populations, these populations will existence of such a species or to destroy that are capable of producing large maintain genetic connectivity within or adversely modify its critical habitat. numbers of individuals in good years and among themselves, they will If a Federal action may affect a listed which are important for this plant to maintain genetic connectivity with the species or its critical habitat, the survive through a variety of natural and Sweetwater/Proctor Valley Unit and responsible Federal agency (action environmental changes as well as possibly with plants in Mexico, and agency) must enter into consultation stochastic events. It also contains the they may contain essential genetic with us. Through this consultation , we Otay River Valley population which was diversity; therefore, the populations in would ensure that the permitted actions reported to have approximately 4,000 this unit are essential to the survival do not destroy or adversely modify standing plants (Roberts 1997), the Wolf and conservation of the species. critical habitat. Canyon population which was reported When we issue a biological opinion to have approximately 4,000 standing Effects of Critical Habitat Designation concluding that a project is likely to plants (Roberts 1997), the Brown Field Section 7 Consultation result in the destruction or adverse population which had a reported 5,600 modification of critical habitat, we also Section 7(a) of the Act requires individuals in 1998 (U.S. Army Corps of provide reasonable and prudent Federal agencies, including the Service, Engineers (Corps) 2000), and the upper alternatives to the project, if any are to ensure that actions they fund, Salt Creek population which was identifiable. ‘‘Reasonable and prudent authorize, or carry out do not destroy or reported to have over 1,000 standing alternatives’’ are defined at 50 CFR plants (Roberts 1997). adversely modify critical habitat to the 402.02 as alternative actions identified Unit 3 contains populations in the extent that the action appreciably during consultation that can be southern and eastern portions of this diminishes the value of the critical implemented in a manner consistent species’ distribution, which may be habitat for the survival and recovery of with the intended purpose of the action, important for its long-term survival and the species. Individuals, organizations, that are consistent with the scope of the conservation. One population in this States, local governments, and other Federal agency’s legal authority and unit is located at the southwest edge of non-Federal entities are affected by the jurisdiction, that are economically and this species’ range in the United States. designation of critical habitat only if technologically feasible, and that the This population may have connectivity their actions occur on Federal lands, Director believes would avoid the with Deinandra conjugens populations require a Federal permit, license, or destruction or adverse modification of in northwestern Baja California, Mexico. other authorization, or involve Federal critical habitat. Reasonable and prudent Because this population is at the funding. alternatives can vary from slight project extreme southwest portion of this Section 7(a) of the Act requires modifications to extensive redesign or species’ range in the United States, it Federal agencies, including the Service, relocation of the project. Costs may contain important genes that are to evaluate their actions with respect to associated with implementing a not found in other populations. any species that is proposed or listed as reasonable and prudent alternative are Based on the proposed preserve endangered or threatened and with similarly variable. design for the City of Chula Vista’s respect to its critical habitat, if any is Regulations at 50 CFR 402.16 require Subarea Plan, and the designated designated or proposed. Regulations Federal agencies to reinitiate preserve designs for the City and County implementing this interagency consultation on previously reviewed of San Diego HCPs, these populations cooperation provision of the Act are actions in instances where critical may all retain connectivity among codified at 50 CFR part 402. Section habitat is subsequently designated, and themselves because the habitat mosaic 7(a)(4) requires Federal agencies to the Federal agency has retained does not have large gaps. The confer with us on any action that is discretionary involvement or control occurrences in this unit may also likely to jeopardize the continued over the action or such discretionary provide and receive pollen or fruits existence of a proposed species or result involvement or control is authorized by from Deinandra conjugens populations in destruction or adverse modification law. Consequently, some Federal in the Sweetwater/Proctor Valley Unit. of proposed critical habitat. Conference agencies may request reinitiation of This connectivity will facilitate gene reports provide conservation consultation or conference with us on flow within this unit and among other recommendations to assist the action actions for which formal consultation units which, in turn, may allow agency in eliminating conflicts that may has been completed, if those actions evolutionary processes that affect be caused by the proposed action. The may affect designated critical habitat or Deinandra conjugnes to continue conservation recommendations in a adversely modify or destroy proposed relatively unimpeded. Maintaining the conference report are advisory. We may critical habitat. D. conjugnes populations and their issue a formal conference report, if Activities on Federal lands that may genetic connectivity (both within and requested by the Federal action agency. affect Deinandra conjugens or its critical among units) is essential to the survival Formal conference reports include an habitat will require section 7 and conservation of this species. A opinion that is prepared according to 50 consultation. Activities on private or portion of the D. conjugnes population CFR 402.14, as if the species was listed State lands requiring a permit from a north of Otay Valley and west of Otay or critical habitat designated. We may Federal agency, such as a permit from Lakes is located within proposed critical adopt the formal conference report as the U.S. Army Corps of Engineers habitat, and a portion is located outside the biological opinion when the species (Corps) under section 404 of the Clean of proposed critical habitat in the is listed or critical habitat designated, if Water Act, a section 10(a)(1)(B) permit proposed development area for the City no substantial new information or from the Service, or some other Federal of Chula Vista’s Subarea Plan. This changes in the action alter the content action, including funding (e.g., from the portion of the population may provide of the opinion (see 50 CFR 402.10(d)). Federal Highway Administration,
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Federal Aviation Administration (FAA), grassland, scrub, and chaparral significant regulatory burden above that or Federal Emergency Management communities. These activities could already in place due to the presence of Agency (FEMA)); permits from the include, but are not limited to, the listed species. Actions on which Department of Housing and Urban maintaining an unnatural fire regime Federal agencies consult with us Development (HUD); activities by INS either through fire suppression or include, but are not limited to: on their land or land under their prescribed fires that are too frequent or (1) Regulation of activities affecting jurisdiction; activities funded by the poorly-timed; residential and waters of the U.S. by the Corps under U.S. Environmental Protection Agency commercial development, including section 404 of the Clean Water Act; (EPA), Department of Energy (DOE), or road building and golf course (2) Regulation of water flows, any other Federal agency; regulation of installations; agricultural activities, damming, diversion, and channelization airport improvement activities by FAA; including row crops and livestock by Federal agencies; and construction of communication grazing; and vegetation manipulation (3) Regulation of airport improvement sites licensed by the Federal such as clearing or grubbing in the activities by the FAA jurisdiction; Communications Commission (FCC) watershed upslope from D. conjugens. (4) Road construction, right of way will also continue to be subject to the If you have questions regarding designation, or regulation of agricultural section 7 consultation process. Federal whether specific activities will activities by Federal agencies; actions not affecting listed species or constitute adverse modification of (5) Development on private lands critical habitat and actions on non- critical habitat, contact the Field requiring permits from other Federal Federal lands that are not federally Supervisor, Carlsbad Fish and Wildlife agencies such as HUD; funded, authorized, or permitted do not Office (see ADDRESSES section). Requests (6) Construction of communication require section 7 consultation. for copies of the regulations on listed sites licensed by the FCC; Section 4(b)(8) of the Act requires us wildlife, and inquiries about (7) Authorization of Federal grants or to briefly evaluate and describe in any prohibitions and permits may be loans; proposed or final regulation that addressed to the U.S. Fish and Wildlife (8) Construction of roads and fences designates critical habitat those Service, Branch of Endangered Species, along the International Boundary activities involving a Federal action that 911 NE. 11th Ave., Portland, Oregon between the United States and Mexico, may destroy or adversely modify such 97232 (telephone 503/231–2063; and other activities associated with habitat, or that may be affected by such facsimile 503/231–6243). immigration enforcement by the INS; designation. Activities that destroy or To properly portray the effects of (9) Activities funded by the EPA, adversely modify critical habitat include critical habitat designation, we must DOE, or any other Federal agency; and those that appreciably reduce the value first compare the section 7 requirements (10) Hazard mitigation and post- of critical habitat for both the survival for actions that may affect critical disaster repairs funded by the FEMA. and recovery of Deinandra conjugens. habitat with the requirements for We note that such activities may also actions that may affect a listed species. Relationship to Habitat Conservation jeopardize the continued existence of Section 7 prohibits actions funded, Plans and Other Planning Efforts the species. Activities that, when authorized, or carried out by Federal Exclusions Under Section 4(b)(2) carried out, funded or authorized by a agencies from jeopardizing the Federal agency, may directly or continued existence of a listed species Subsection 4(b)(2) of the Act allows indirectly destroy or adversely modify or destroying or adversely modifying the us to exclude areas from critical habitat critical habitat include, but are not listed species’ critical habitat. Actions designation where the benefits of limited to: likely to ‘‘jeopardize the continued exclusion outweigh the benefits of (1) Removing, thinning, or destroying existence’’ of a species are those that designation, provided the exclusion will Deinandra conjugens habitat (as defined would appreciably reduce the not result in the extinction of the in the primary constituent elements likelihood of the species’ survival and species. For the following reasons, we discussion), whether by burning, recovery, and actions likely to ‘‘destroy believe that, in most instances, the mechanical, chemical, or other means or adversely modify’’ critical habitat are benefits of excluding HCPs for which (e.g., plowing, grubbing, grading, those that would appreciably reduce the Deinandra conjugens is a covered grazing, woodcutting, construction, road value of critical habitat for the survival species from critical habitat building, mining, herbicide application, and recovery of the listed species. designations will outweigh the benefits etc.); Common to both definitions is an of including them. appreciable detrimental effect on both (2) Activities that appreciably degrade (1) Benefits of Inclusion or destroy Deinandra conjugens habitat survival and recovery of a listed species. (and its PCEs), including, but not Given the similarity of these definitions, The benefits of including HCP lands limited to, livestock grazing, clearing, actions likely to destroy or adversely in critical habitat are normally small. discing, farming, residential or modify critical habitat would almost The principal benefit of any designated commercial development, introducing always result in jeopardy to the species critical habitat is that activities in such or encouraging the spread of nonnative concerned, particularly when the area of habitat that may affect it require species, off-road vehicle use, and heavy the proposed action is occupied by the consultation under section 7 of the Act. recreational use; species concerned. Because we are Such consultation would ensure that (3) Appreciably decreasing habitat designating areas that are occupied adequate protection is provided to avoid value or quality through indirect effects either by standing plants or the adverse modification of critical habitat. (e.g., edge effects, invasion of exotic underground seedbank of Deinandra Where HCPs are in place, our plants or animals, or fragmentation); conjugens, and Federal agencies already experience indicates that this benefit is and consult with us on activities in areas small or non-existent. Currently (4) Activities that alter watershed where the species may be present to approved and permitted HCPs are characteristics in ways that would ensure that their actions do not already designed to ensure the long- appreciably alter or reduce the quality jeopardize the continued existence of term survival of covered species within or quantity of surface and subsurface the species, the designation of critical the plan area. Where we have an flow of water needed to maintain habitat is not likely to result in a approved HCP, lands that we ordinarily
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would define as critical habitat for the 8859). Such assurances are typically not In general, then, we believe the covered species will normally be provided by section 7 consultations benefits of critical habitat designation to protected in reserves and other which, in contrast to HCPs, often do not be small in areas covered by approved conservation lands by the terms of the commit the project proponent to long HCPs. We also believe that the benefits HCPs and their IAs. These HCPs and IAs term special management or protections. of excluding HCPs from designation are include management measures and Thus, a consultation typically does not significant. Weighing the small benefits protections for conservation lands that accord the lands it covers the extensive of inclusion against the benefits of are crafted to protect, restore, and benefits an HCP provides. exclusion, including the benefits of enhance their value as habitat for The development and implementation relieving property owners of an covered species. of HCPs provide other important additional layer of approvals and In addition, an HCP application must conservation benefits, including the regulation, together with the itself be consulted upon. While this development of biological information encouragement of conservation consultation will not look specifically at to guide conservation efforts and assist partnerships, would generally result in the issue of adverse modification of in species recovery and the creation of HCPs being excluded from critical critical habitat, unless critical habitat innovative solutions to conserve species habitat designation under section 4(b)(2) has already been designated within the while allowing for development. The of the Act. proposed plan area, it will look at the educational benefits of critical habitat, Not all HCPs are alike with regard to very similar concept of jeopardy to the including informing the public of areas species coverage and design. Within this listed species in the plan area. Because that are important for the long-term general analytical framework, we need HCPs, particularly large regional HCPs, survival and conservation of the species, to evaluate completed and legally address land use within the plan are essentially the same as those that operative HCPs in which Deinandra boundaries, habitat issues within the would occur from the public notice and conjugens is a covered species on a plan boundaries will have been comment procedures required to case-by-case basis to determine whether thoroughly addressed in the HCP and establish an HCP, as well as the public the benefits of excluding these the consultation on the HCP. Our participation that occurs in the particular areas outweigh the benefits of experience is also that, under most development of many regional HCPs. including them. circumstances, consultations under the For these reasons, then, we believe that Section 4(b)(2) Evaluation of Specific jeopardy standard will reach the same designation of critical habitat has little HCPs result as consultations under the benefit in areas covered by HCPs. adverse modification standard. We expect that critical habitat may be (2) Benefits of Exclusion Implementing regulations (50 CFR part used as a tool to identify those areas 402) define ‘‘jeopardize the continued The benefits of excluding HCPs from essential for the conservation of the existence of’’ and ‘‘destruction or being designated as critical habitat may species, and we will encourage adverse modification of’’ in virtually be more significant. They include development of HCPs for such areas on identical terms. Jeopardize the relieving landowners, communities and non-Federal lands. Habitat conservation continued existence of means to engage counties of any additional minor plans currently under development are in an action ‘‘that reasonably would be regulatory review that might be imposed intended to provide for protection and expected * * * to reduce appreciably by critical habitat. Many HCPs, management of habitat areas essential the likelihood of both the survival and particularly large regional HCPs, take for the conservation of Deinandra recovery of a listed species.’’ many years to develop and, upon conjugens, while directing development Destruction or adverse modification completion, become regional and habitat modification to nonessential means an ‘‘alteration that appreciably conservation plans that are consistent areas of lower habitat value. diminishes the value of critical habitat with the recovery of covered species. Only HCPs within or adjacent to the for both the survival and recovery of a Most regional plans benefit many boundaries of the proposed critical listed species.’’ Common to both species, both listed and unlisted. habitat units are discussed herein. definitions is an appreciable detrimental Imposing an additional regulatory Those approved and legally operative effect on both survival and recovery of review after HCP completion may HCPs that provide coverage for a listed species, in the case of critical jeopardize conservation efforts and Deinandra conjugens have been habitat by reducing the value of the partnerships in many areas and could be excluded from this proposed habitat so designated. Thus, actions viewed as a disincentive to those designation. satisfying the standard for adverse developing HCPs. Excluding HCPs We have worked with local modification are nearly always found to provides us with an opportunity to jurisdictions to complete several HCPs also jeopardize the species concerned, streamline regulatory compliance and that include areas where the species and the existence of a critical habitat confirms regulatory assurances for HCP occurs. These HCPs include the San designation does not materially affect participants. Diego Gas and Electric HCP and two the outcome of consultation. Additional A related benefit of excluding HCPs is Subarea Plans under the MSCP. Both measures to protect the habitat from that it would encourage the continued the City of San Diego’s Subarea Plan and adverse modification are not likely to be development of partnerships with HCP the County of San Diego’s Subarea Plan required. participants, including States, local have received coverage for Deinandra Further, HCPs typically provide for governments, conservation conjugens. The San Diego MSCP greater conservation benefits to a organizations, and private landowners, encompasses approximately 236,000 ha covered species than section 7 that together, can implement (582,000 ac) of land in southwestern consultations because HCPs assure the conservation actions we would be San Diego County, and involves long-term protection and management unable to accomplish alone. By multiple jurisdictions. Approximately of a covered species and its habitat, and excluding areas covered by HCPs from 69,600 ha (172,000 ac) are targeted to be funding for such management through critical habitat designation, we preserve conserved within the preserve system. the standards found in the 5-Point these partnerships, and, we believe, set The Service and the California Policy for HCPs (65 FR 35242) and the the stage for more effective conservation Department of Fish and Game approved HCP No Surprises regulation (63 FR actions in the future. the overall MSCP and the City of San
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Diego’s Subarea Plan in July 1997. The appropriate vegetation types for D. habitat designation, we may revise this County of San Diego’s plan was conjugens. proposed designation accordingly. approved in 1998. San Diego Gas and In the event that future HCPs, in Similarly, if new information indicates Electric, which has easements addition to those under development by any of these areas should not be throughout the MSCP, completed its City of Chula Vista and Sweetwater included in the critical habitat plan in 1995. Authority, covering Deinandra designation because they no longer meet We find that the benefits of excluding conjugens are developed within the the definition of critical habitat, we may lands covered by these HCPs would be boundaries of designated critical revise this proposed critical habitat significant in preserving positive habitat, we will work with applicants to designation. ensure that the HCPs provide for relationships with our conservation Economic Analysis partners, lessening potential additional protection and management of habitat regulatory review and potential areas essential for the conservation of D. Section 4(b)(2) of the Act requires us economic burdens, reinforcing the conjugens by either directing to designate critical habitat on the basis regulatory assurances provided for in development and habitat modification of the best scientific and commercial the implementing agreements for the to nonessential areas or appropriately information available, and to consider approved HCPs, and providing for more modifying activities within essential the economic and other relevant established and cooperative habitat areas so that such activities will impacts of designating a particular area partnerships for future conservation not destroy or adversely modify the as critical habitat. We may exclude areas efforts. primary constituent elements. The HCP from critical habitat upon a In summary, the benefits of including development process provides an determination that the benefits of such these approved HCPs in critical habitat opportunity for more intensive data exclusions outweigh the benefits of for Deinandra conjugens include collection and analysis regarding the specifying such areas as critical habitat. increased educational benefits and use of particular habitat areas by D. We cannot exclude such areas from minor additional management conjugens. The process also enables us critical habitat when such exclusion to conduct detailed evaluations of the protections and measures. The benefits will result in the extinction of the importance of such lands to the long of excluding these HCPs from species. We will conduct an analysis of term survival of the species in the designated critical habitat for D. the economic impacts of designating context of constructing a biologically conjugens include additional these areas as critical habitat prior to a configured system of interlinked habitat conservation measures for this and other final determination. When completed, blocks. We fully expect that HCPs listed species, preservation of we will announce the availability of the undertaken by local jurisdictions (e.g., partnerships that may lead to future draft economic analysis with a notice in counties, cities) and other parties will conservation, and the avoidance of the the Federal Register, and we will open identify, protect, and provide minor regulatory and economic burdens a public comment period on the draft appropriate management for those associated with the designation of economic analyses and proposed rule at specific lands within the boundaries of that time. critical habitat. Therefore, we believe the plans that are essential for the long- the benefits of exclusion outweigh the term conservation of the species. We Public Comments Solicited benefits of including these areas. believe and fully expect that our Furthermore, we have determined that We intend that any final action analyses of these proposed HCPs and resulting from this proposal to be as these exclusions will not result in the proposed permits under section 7 will extinction of the species. We have accurate and effective as possible. show that covered activities carried out Therefore, we solicit comments or already completed section 7 in accordance with the provisions of the consultation on the impacts of these suggestions from the public, other HCPs and biological opinions will not concerned governmental agencies, the HCPs on the species. We determined result in destruction or adverse that the approved HCPs will not scientific community, industry, or any modification of critical habitat. other interested party concerning this jeopardize the continued existence of D. We will provide technical assistance proposed rule. We particularly seek conjugens, which means that they will and work closely with applicants with comments concerning: not appreciably reduce the likelihood of respect to HCPs currently under the survival and recovery of the species. development and future HCPs to (1) The reasons why any habitat The Sweetwater Authority is identify lands essential for the long-term should or should not be determined to currently working on an HCP and the conservation of Deinandra conjugens be critical habitat as provided by section City of Chula Vista is expected to and appropriate management for those 4 of the Act, including whether the complete their HCP subarea planning lands. The minimization and mitigation benefits of designation will outweigh processes in the near future. We have measures provided under these HCPs any threats to the species due to worked and continue to work closely are expected to protect the essential designation; with the City of Chula Vista on the habitat lands proposed as critical habitat (2) Specific information on the design of their preserve, specifically in in this rule. If an HCP that addresses D. amount and distribution of Deinandra relation to the conservation of conjugens as a covered species is conjugens habitat, and what habitat is Deinandra conjugens. The City of Chula ultimately approved, we will reassess essential to the conservation of the Vista’s draft HCP proposes to conserve the critical habitat boundaries in light of species and why; many of the large, essential D. conjugens the HCP. We intend to undertake this (3) Land use practices and current or populations, areas for connectivity review when the HCP is approved, but planned activities in the subject areas within and among these populations, funding and priority constraints may and their possible impacts on proposed habitat to support pollinators and fruit influence the timing of such a review. critical habitat; dispersal agents, and includes criteria Should additional information (4) Any foreseeable economic or other for conservation of D. conjugens within become available that changes our impacts resulting from the proposed certain areas that have not yet been analysis of the benefits of excluding any designation of critical habitat, in surveyed. The majority of the draft of these (or other) areas compared to the particular, any impacts on small entities preserve contains clay soils and the benefits of including them in the critical or families; and,
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(5) Economic and other values independent specialists regarding this discussed below. We are preparing a associated with designating critical proposed rule. The purpose of such draft analysis of this proposed action, habitat for Deinandra conjugens, such review is to ensure listing decisions are which will be available for public as those derived from non-consumptive based on scientifically sound data, comment, to determine the economic uses (e.g., hiking, camping, bird- assumptions, and analyses. We will consequences of designating the specific watching, enhanced watershed send these peer reviewers copies of this areas as critical habitat. The availability protection, improved air quality, proposed rule immediately following of the draft economic analysis will be increased soil retention, ‘‘existence publication in the Federal Register. We announced in the Federal Register and values,’’ and reductions in will invite these peer reviewers to in local newspapers so that it is administrative costs); and comment, during the public comment available for public review and (6) Whether our approach to critical period, on the specific assumptions and comments. habitat designation could be improved conclusions regarding the proposed (a) While we will prepare an or modified in any way to provide for designation of critical habitat. economic analysis to assist us in greater public participation and We will consider all comments and considering whether areas should be understanding, or to assist us in information received during the public excluded pursuant to section 4 of the accommodating public concern and comment period on this proposed rule Act, we do not believe this rule will comments. during preparation of a final have an annual effect on the economy If you wish to comment on this rulemaking. Accordingly, the final of $100 million or more or adversely proposed rule, you may submit your decision may differ from this proposal. affect in a material way the economy, a comments and materials by any one of sector of the economy, productivity, Public Hearings several methods (see ADDRESSES competition, jobs, the environment, section). If submitting comments by The Act provides for one or more public health or safety, or State, local, electronic format, please submit them in public hearings on this proposal, if or tribal governments or communities. ASCII file format and avoid the use of requested. Requests for public hearings Therefore, we do not believe a cost special characters and encryption. must be made at least 15 days prior to benefit and economic analysis pursuant Please include ‘‘Attn: 1018–AH00’’ and the close of the public comment period. to EO 12866 is required. your name and return e-mail address in We will schedule public hearings on Deinandra conjugens was listed a your e-mail message. Please note that this proposal, if any are requested, and threatened species in 1998. In fiscal the e-mail address will be closed out at announce the dates, times, and places of years 1998 through 2001, we have the termination of the public comment those hearings in the Federal Register conducted, or are in the process of period. If you do not receive and local newspapers at least 15 days conducting, an estimated eight formal confirmation from the system that we prior to the first hearing. section 7 consultations with other have received your message, contact us Clarity of the Rule Federal agencies to ensure that their directly by calling our Carlsbad Fish actions will not jeopardize the and Wildlife Office at phone number Executive Order 12866 requires each continued existence of Deinandra 760/431–9440. agency to write regulations/notices that conjugens. We have also issued section Our practice is to make comments, are easy to understand. We invite your 10(a)(1)(B) incidental take permits for including names and home addresses of comments on how to make this notice approximately three projects in areas respondents, available for public review easier to understand including answers where the species occurs. during regular business hours. to questions such as the following: (1) Under the Act, critical habitat may Individual respondents may request that Are the requirements in the notice not be adversely modified by a Federal we withhold their home address, which clearly stated? (2) Does the notice agency action; the Act does not impose we will honor to the extent allowable by contain technical language or jargon that any restrictions through critical habitat law. In some circumstances, we would interferes with the clarity? (3) Does the designation on non-Federal persons withhold from the rulemaking record a format of the notice (grouping and order unless they are conducting activities respondent’s identity, as allowable by of sections, use of headings, funded or otherwise sponsored, law. If you wish us to withhold your paragraphing, etc.) aid or reduce its authorized, or permitted by a Federal name and/or address, you must state clarity? (4) Is the description of the agency. Section 7 requires Federal this request prominently at the notice in the SUPPLEMENTARY agencies to ensure that they do not beginning of your comment. However, INFORMATION section of the preamble jeopardize the continued existence of we will not consider anonymous helpful in understanding the notice? the species. Based upon our experience comments. To the extent consistent with What else could we do to make the with the species and its needs, we applicable law, we will make all notice easier to understand? conclude that any Federal action or submissions from organizations or Send a copy of any comments that authorized action that could potentially businesses, and from individuals concern how we could make this notice cause adverse modification of the identifying themselves as easier to understand to: Office of proposed critical habitat would representatives or officials of Regulatory Affairs, Department of the currently be considered as ‘‘jeopardy’’ organizations or businesses, available Interior, Room 7229, 1849 C Street, NW, under the Act (see Table 2). for public inspection in their entirety. Washington, DC 20240. You may e-mail Accordingly, the designation of critical Comments and materials received will your comments to this address: habitat for Deinandra conjugens is not be available for public inspection, by [email protected]. anticipated to have any significant appointment, during normal business Required Determinations incremental impacts on actions hours at the above address. proposed by Federal agencies or non- Regulatory Planning and Review Federal persons that receive Federal Peer Review In accordance with Executive Order authorization or funding. Non-Federal In accordance with our policy 12866, this document is a significant persons that do not have a Federal published on July 1, 1994 (59 FR rule and was reviewed by the Office of ‘‘sponsorship’’ of their actions are not 34270), we will seek the expert opinions Management and Budget (OMB) in restricted by the designation of critical of at least three appropriate and accordance with the four criteria habitat.
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(b) This rule is not expected to create potential for impacts on other Federal jeopardize the continued existence of inconsistencies with other agencies’ agency activities, we will continue to the species, and as discussed above we actions. As discussed above, Federal review this action for any do not anticipate that the adverse agencies have been required to ensure inconsistencies with other Federal modification prohibition (resulting from that their actions do not jeopardize the agencies’ actions. critical habitat designation) will have continued existence of Deinandra (c) This rule is not expected to any significant incremental effects. conjugens since the listing in 1998. The materially affect entitlements, grants, prohibition against adverse modification user fees, loan programs, or the rights (d) OMB has determined that this rule of critical habitat is expected to impose and obligations of their recipients. may raise novel legal or policy issues few, if any, additional restrictions to Federal agencies are currently required and, as a result, this rule has undergone those that currently exist. Because of the to ensure that their activities do not OMB review.
TABLE 2.—IMPACTS OF DEINANDRA CONJUGENS LISTING AND CRITICAL HABITAT DESIGNATION
Additional activities poten- Categories of activities Activities potentially affected by species listing only 1 tially affected by critical habitat designation 2
Federal Activities Potentially Activities the Federal Government carries out such as removing, thinning, or de- None. Affected 3. stroying Deinandra conjugens habitat (as defined in the primary constituent ele- ments discussion), whether by burning or mechanical, chemical, or other means (e.g., woodcutting, grubbing, grading, overgrazing, construction, road building, mining, herbicide application, etc.) and appreciably decreasing habitat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants or ani- mals, or fragmentation. Private Activities Potentially Activities such as removing, thinning, or destroying Deinandra conjugens habitat None. Affected 4. (as defined in the primary constituent elements discussion), whether by burning or mechanical, chemical, or other means (e.g., woodcutting, grubbing, grading, overgrazing, construction, road building, mining, herbicide application, etc.) and appreciably decreasing habitat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants or animals, or fragmentation that require a Fed- eral action (permit, authorization, or funding). 1 This column represents the activities potentially affected by listing the Deinandra conjugens as a threatened species (October 13, 1998, 63 FR 54938) under the Endangered Species Act. 2 This column represents the activities potentially affected by the critical habitat designation in addition to those activities potentially affected by listing the species. 3 Activities initiated by a Federal agency. 4 Activities initiated by a private entity that may need Federal authorization or funding.
Regulatory Flexibility Act permitting, or implementing activities Energy Effects when undertaking certain Under the Regulatory Flexibility Act in these areas are already required to actions. Because this proposed rule is (5 U.S.C. 601 et seq., as amended by the consult with us under section 7 of the not expected to significantly affect Small Business Regulatory Enforcement Act, to avoid jeopardizing the continued energy supplies, distribution, or use, Fairness Act (SBREFA) of 1996) existence of this species. While the this action is not a significant energy whenever an agency is required to designation of critical habitat will action and no Statement of Energy publish a notice of rulemaking for any require that agencies ensure, through Effects is required. section 7 consultation, that their proposed or final rule, it must prepare Unfunded Mandates Reform Act (2 activities do not destroy or adversely and make available for public comment U.S.C. 1501 et seq.) a regulatory flexibility analysis that modify critical habitat, for the reasons describes the effect of the rule on small discussed above we do not believe this In accordance with the Unfunded entities (i.e., small businesses, small will result in any additional regulatory Mandates Reform Act (2 U.S.C. 1501 et organizations, and small government burden on the Federal agencies or their seq.): jurisdictions). However, no regulatory applicants. As a result, this proposed (a) This rule, as proposed, will not flexibility analysis is required if the rule, if finalized, would not result in a ‘‘significantly or uniquely’’ affect small head of an agency certifies the rule will significant economic burden on Federal governments. A Small Government not have a significant economic impact agencies or their applicants. Agency Plan is not required. Small on a substantial number of small Therefore, we are certifying that this governments will only be affected to the entities. SBREFA amended the proposed rule is not expected to have a extent that they proposed activities Regulatory Flexibility Act to require significant adverse impact on a requiring Federal funds, permits or Federal agencies to provide a statement substantial number of small entities. other authorization. Activities with a of the factual basis for certifying that a Thus, no regulatory flexibility analysis Federal nexus may not destroy or rule will not have a significant is necessary. adversely modify critical habitat. However, as discussed in section 1, economic impact on a substantial Executive Order 13211 number of small entities. The following these activities are currently subject to discussion explains our determination. On May 18, 2001, the President issued equivalent restrictions as a result of the The areas we are proposing as critical an Executive Order (EO 13211) which listing of the species, and no further habitat are already occupied, by either applies to regulations that significantly restrictions are anticipated. or both standing plants and the seed affect energy supply, distribution, and (b) This rule, as proposed, will not bank, by Deinandra conjugens. As a use. Executive Order 13211 requires produce a Federal mandate of $100 result, Federal agencies funding, agencies to prepare Statements of million or greater in any year, that is, it
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is not a ‘‘significant regulatory action’’ this definition and identification does ‘‘Government-to-Government Relations under the Unfunded Mandates Reform not alter where and what federally with Native American Tribal Act. The designation of critical habitat sponsored activities may occur, it may Governments’’ (59 FR 22951), E.O. imposes no obligations on State or local assist these local governments in long- 13175, and 512 DM 2, we readily governments. range planning (rather than waiting for acknowledge our responsibility to case-by-case section 7 consultations to communicate meaningfully with Takings occur). recognized Federal Tribes on a In accordance with Executive Order Civil Justice Reform government-to-government basis. We 12630, the rule does not have significant have determined that there are no Tribal takings implications. A takings In accordance with Executive Order lands essential for the conservation of implication assessment is not required. 12988, the Office of the Solicitor has Deinandra conjugens because these As discussed above, the designation of determined that the rule does not lands do not support populations, or critical habitat affects only Federal unduly burden the judicial system and provide essential habitat. Therefore, agency actions. The rule will not meets the requirements of sections 3(a) critical habitat for Deinandra conjugens increase or decrease current restrictions and 3(b)(2) of the Order. We are has not been designated on Tribal lands. on private property concerning proposing to designate critical habitat in References Cited Deinandra conjugens. Due to current accordance with the provisions of the public knowledge of the species’ Endangered Species Act. The rule uses A complete list of all references cited protection, and the fact that critical standard property descriptions and in this proposed rule is available upon habitat provides no additional identifies the primary constituent request from the Carlsbad Fish and incremental restrictions, we do not elements within the designated areas to Wildlife Office (see ADDRESSES section). anticipate that property values will be assist the public in understanding the Author affected by the critical habitat habitat needs of Deinandra conjugens. designation. While real estate market Paperwork Reduction Act of 1995 (44 The primary author of this proposed values may temporarily decline U.S.C. 3501 et seq.) rule is Mark A. Elvin (see ADDRESSES following designation, due to the section). This rule does not contain any perception that critical habitat information collection requirements for List of Subjects in 50 CFR Part 17 designation may impose additional which OMB approval under the Endangered and threatened species, regulatory burdens on land use, we Paperwork Reduction Act is required. Exports, Imports, Reporting and expect any such impacts to be short An agency may not conduct or sponsor, recordkeeping requirements, term. and a person is not required to respond Transportation. Federalism to, a collection of information unless it displays a valid OMB Control Number. Proposed Regulation Promulgation In accordance with Executive Order 13132, the rule does not have significant National Environmental Policy Act Accordingly, we proposed to amend Federalism effects. A Federalism We have determined we do not need part 17, subchapter B of chapter I, title assessment is not required. In keeping to prepare an Environmental 50 of the Code of Federal Regulations as with Department of the Interior policy, Assessment and/or an Environmental set forth below: we requested information from, and Impact Statement as defined by the PART 17—[AMENDED] coordinated development of this critical National Environmental Policy Act of habitat designation, with appropriate 1969 in connection with regulations 1. The authority citation for part 17 State resource agencies in California. adopted pursuant to section 4(a) of the continues to read as follows: The designation of critical habitat Endangered Species Act, as amended. within the geographic range occupied We published a notice outlining our Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– by Deinandra conjugens imposes no reason for this determination in the 625, 100 Stat. 3500; unless otherwise noted. additional restrictions to those currently Federal Register on October 25, 1983 in place and, therefore, has little (48 FR 49244). This proposed 2. In § 17.12(h), remove the entry for incremental impact on State and local determination does not constitute a Hemizonia conjugens and add the governments and their activities. The major Federal action significantly following in alphabetical order under designation may have some benefit to affecting the quality of the human ‘‘FLOWERING PLANTS’’ to the List of these governments in that the areas environment. Endangered and Threatened Plants to essential to the conservation of the read as follows: species are more clearly defined, and Government-to-Government the primary constituent elements of the Relationship With Tribes § 17.12 Endangered and threatened plants. habitat necessary to the survival of the In accordance with the President’s * * * * * species are specifically identified. While memorandum of April 29, 1994, (h) * * *
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Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules
FLOWERING PLANTS
******* Deinandra conjugens Otay tarplant ...... U.S.A. (CA), Mexico Asteraceae—Sun- T 649 17.96(b) NA [=Hemizonia flower. conjugens].
*******
3. In § 17.96, as proposed to be with grasslands (native, non-native, and spurge), Simmondsia chinensis (jojoba), amended at 65 FR 66865, November 7, mixed), open coastal sage scrub, or Opuntia spp. (prickly pear and cholla 2000, add critical habitat for the Otay maritime succulent scrub communities cactuses), Ferocactus viridescens tarplant (Deinandra conjugens) under between 25 m (80 ft) and 300 m (1,000 (coastal barrel cactus), Ambrosia paragraph (b) by adding an entry for ft) elevation; chenopodiifolia (San Diego bur sage), Deinandra conjugens in alphabetical (ii) Plant communities associated with and Dudleya spp. (live-forevers). These order under Asteraceae to read as Deinandra conjugens which include but plant communities contain natural follows: are not limited to grasslands (native, openings that provide nesting, foraging, non-native, and mixed), open coastal and dispersal sites for D. conjugens § 17.96 Critical habitat—plants. sage scrub, and maritime succulent pollen and seed dispersal agents. These * * * * * scrub between 25 and 300 m (80 and openings may have soil inclusions that (b) Single-species critical habitat— 1,000 ft) elevation in southern San contain a significantly higher flowering plants. Diego County, California. Species concentration of sandy soils than the * * * * * common to these communities include adjacent clay soils. Nassella spp. (needlegrasses), Bloomeria Family Asteraceae: Deinandra crocea (common goldenstar), (iii) Critical habitat does not include conjugens (Otay tarplant) Dichelostemma pulchella (blue dicks), non-Federal lands covered by a legally (1) Critical habitat units are depicted Chlorogalum spp. (soap plants), Bromus operative Habitat Conservation Plan for San Diego County, California, on the spp. (brome grasses), Avena spp. (oats), issued under section 10(a)(1)(B) of the maps below. Deinandra fasciculata (fascicled Act in which Deinandra conjugens is a (2) The primary constituent elements tarweed), Lasthenia californica covered species on or before June 13, of critical habitat for Deinandra (common goldfields), Artemisia 2001. conjugens are those habitat components californica (California sagebrush), (iv) Existing features and structures, that are essential for the primary Eriogonum fasciculatum (flat-top such as buildings, paved or unpaved biological needs of the species. Based on buckwheat), Lotus scoparius (deer roads, and other landscaped areas not our current knowledge of this species, weed), Salvia spp. (sages), Mimulus containing primary constituent the primary constituent elements for aurantiacus (bush monkeyflower), elements, are not considered critical Deinandra conjugens consist of, but are Malacothamnus fasciculatum habitat. Federal actions limited to those not limited to: (bushmallow), Malosma laurina (laurel areas, therefore, would not trigger a (i) Soils with a high clay content sumac), Rhus ovata (sugar bush), R. section 7 consultation, unless they affect (generally >25 percent) (or clay integrifolia (lemonade berry), Lycium the species and/or primary constituent intrusions or lenses) that are associated spp. (boxthorns), Euphorbia misera (cliff elements in adjacent critical habitat.
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BILLING CODE 4310–55–U Sweetwater Reservoir at UTM NAD27 y- 3616300; 507500, 3616400; 507600, Map Unit 1: Sweetwater/Proctor coordinate 3618500; thence east and 3616400; thence north to the County of Valley, San Diego County, California. following UTM NAD27 coordinates San Diego Major Amendment (CSDMjA) Unit 1a: From USGS 1:24,000 503000, 3618500; 503000, 3616000; boundary at UTM NAD27 x-coordinate quadrangle map Jamul Mountains, 503100, 3616000; 503100, 3615400; 507600; thence east following the beginning at the San Diego National 503200, 3615400; 503200, 3615300; CSDMjA boundary to the SDNWR Wildlife Refuge (SDNWR) boundary at 503600, 3615300; 503600, 3615400; boundary; thence south following the UTM NAD27 x-coordinate 505100; 503700, 3615400; 503700, 3615600; SDNWR boundary to the CSDMjA thence south following UTM NAD27 503900, 3615600; 503900, 3615800; boundary; thence south following the coordinates (E, N): 505100, 3620400; thence east to the Otay Water District CSDMjA boundary to UTM NAD27 x- 505000, 3620400; 505000, 3620200; (OWD) boundary at UTM NAD27 y- coordinate 506100; thence south 504900, 3620200; 504900, 3620100; coordinate 3615800; thence north following UTM NAD27 coordinates 504800, 3620100; 504800, 3620000; following the OWD boundary to the City 506100, 3613100; 506000, 3613100; 504700, 3620000; 504700, 3619900; of Chula Vista Preserve Design (CCVPD) thence north to the City of Chula Vista 504600, 3619900; 504600, 3619700; boundary; thence east following the (CCV) boundary at UTM NAD27 x- 504500, 3619700; 504500, 3619600; CCVPD boundary to UTM NAD27 x- coordinate 506000; thence northwest 504400, 3619600; 504400, 3619500; coordinate 505900; thence north following the CCV boundary to UTM 504300, 3619500; 504300, 3619400; following UTM NAD27 coordinates NAD27 x-coordinate 505700; thence 504100, 3619400; 504100, 3619300; 505900, 3615900; 506000, 3615900; north following UTM NAD27 504000, 3619300; thence south to the 506000, 3616000; 506700, 3616000, coordinates 505700, 3612800; 505600, SDNWR boundary at UTM x-coordinate 506700, 3616100; thence east to the 3612800; 505600, 3613200; 505500, 504000; thence south following the SDNWR boundary at UTM NAD27 y- 3613200; 505500, 3613300; 505400, SDNWR boundary returning to the point coordinate 3616100; thence east 3613300; 505400, 3613400; 505300, of beginning on the SDNWR boundary following the SDNWR boundary to UTM 3613400; 505300, 3613500; 505200, at UTM x-coordinate 505100. NAD27 x-coordinate 507200; thence 3613500; 505200, 3613700; 505300, Unit 1b: From USGS 1:24,000 north following UTM NAD27 3613700; 505300, 3613600; 505400, quadrangle maps National City and coordinates 507200, 3616200; 507400, 3613600; 505400, 3613500; 505500, Jamul Mountains, beginning at the 3616200; 507400, 3616300; 507500, 3613500; 505500, 3613800; 505300,
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3613800; 505300, 3614300; 505100, UTM NAD27 x-coordinate 503700; Sweetwater Reservoir shoreline; thence 3614300; 505100, 3614700; 505400, thence west following the OWD south following the Sweetwater 3614700; 505400, 3614900; 505200, boundary to the Multiple Habitat Reservoir shoreline back to the point of 3614900; 505200, 3615100; thence north Planning Area (MHPA) boundary; beginning at UTM NAD27 y-coordinate to the CCVPD boundary at UTM NAD27 thence west following the MHPA to the 3618500; excluding lands bounded by x-coordinate 505200; thence west SDNWR boundary; thence south the CCVPD boundary at UTM NAD27 x- following the CCVPD boundary to the following the SDNWR boundary to UTM coordinate 505800; thence east OWD boundary; thence south following NAD27 y-coordinate 3616100; thence following the CCVPD boundary to UTM the OWD boundary to UTM NAD27 x- west following UTM NAD27 NAD27 x-coordinate 506100; thence coordinate 504600; thence north coordinates 501200, 3616100; 501200, north and following UTM NAD27 following UTM NAD27 coordinates 3615800; 500800, 3615800; thence north coordinates 506100, 3614700; 505700, 504600, 3614600; 504500, 3614600; to the Sweetwater Authority Water 504500, 3615500; 504400, 3615500; District (SWAWD) boundary at UTM 3614700; 505700, 3615300; 505800, 504400, 3615700; 504300, 3615700; NAD27 x-coordinate 500800; thence 3615300; thence north returning to the 504300, 3615800; 504200, 3615800; west following the SWAWD boundary point of beginning on the CCVPD 504200, 3615700; 504100, 3615700; to the County of San Diego Minor boundary at UTM NAD27 x-coordinate 504100, 3615200; 504000, 3615200; Amendment (CSDMnA) boundary; 505800; excluding the proposed State 504000, 3615100; 503900, 3615100; thence west following the CSDMnA Route 125 easement. 503900, 3614900; 503800, 3614900; boundary to the SWAWD boundary; Unit 1 c and d: From USGS 1:24,000 503800, 3614800; 503900, 3614800; thence west following the SWAWD quadrangle map Jamul Mountains, the 503900, 3614600; 503800, 3614600; boundary to approximately UTM lands bounded by the CCVPD boundary 503800, 3614400; 503700, 3614400; NAD27 coordinates 5014000, 3618650 at Horseshoe Bend and Gobblers Knob. thence south to the OWD boundary at where the SWAWD meets the
Map Unit 2: Chula Vista, San Diego lands bounded by the CCVPD boundary Unit 2b and c: From USGS 1:24,000 County, California. in Long Canyon and between UTM quadrangle map National City, the lands Unit 2a: From USGS 1:24,000 NAD27 coordinates 497900 and 499700. bounded by the CCVPD boundary south quadrangle maps National City, the of Otay Lakes Road and between UTM
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NAD27 x-coordinates 497300 and Unit 2f and h: From USGS 1:24,000 3607300; 498400, 3607200; 498300, 499500. quadrangle map Imperial Beach, the 3607200; 498300, 3606900; 498500, Unit 2d: From USGS 1:24,000 lands bounded by the CCVPD boundary 3606900; thence south to the CCV quadrangle map National City, the lands in Poggi Canyon and between UTM boundary at UTM NAD27 x-coordinate bounded by the CCVPD boundary in NAD27 x-coordinates 497400 and 498500; thence west following the CCV Rice Canyon and between UTM NAD27 499000. boundary to the CCVPD boundary; x-coordinates 496900 and 499100. thence west following the CCVPD Unit 2e: From USGS 1:24,000 Unit 2g: From USGS 1:24,000 boundary to the CCV boundary; thence quadrangle maps National City and quadrangle map Imperial Beach, Imperial Beach, the lands bounded by beginning at the CCV boundary at UTM east returning to the point of beginning the CCVPD boundary in Telegraph NAD27 x-coordinate 498600; thence on the CCV boundary at UTM NAD27 x- Canyon and between UTM NAD27 x- south following UTM NAD27 coordinate 498600. coordinates 498100 and 499300. coordinates 498600, 3607300; 498400,
Map Unit 3: Otay Valley/Big 3607100; 505600, 3606900; 505300, NAD27 x-coordinate 502400; thence Murphy’s, San Diego County, California. 3606900; 505300, 3606700; 505100, south following UTM NAD27 Unit 3a: From USGS 1:24,000 3606700; 505100, 3606600; 504900, coordinates 502100, 3605600; 502100, quadrangle maps Imperial Beach, Otay 3606600; 504900, 3606500; 504800, 3605500; 501900, 3605500; 501900, Mesa, and Jamul Mountains beginning 3606500; 504800, 3606600; 504700, 3605300; 502800, 3605300; 502800, on the CCVPD boundary at UTM NAD27 3606600; 504700, 3606700; 504500, 3605400; thence east to the CCVPD x-coordinate 499900; thence east 3606700; 504500, 3606600; 504400, boundary at UTM NAD27 y-coordinate following the CCVPD boundary to UTM 3606600; 504400, 3606500; 504300, 3605400; thence east following the NAD27 x-coordinate 506400; thence 3606500; 504300, 3606300; thence west CCVPD boundary to UTM NAD27 x- south following the UTM NAD27 to the CCVPD boundary at UTM y- coordinate 504500; thence north coordinates 506400, 3607200; 506300, coordinate 3606300; thence north following UTM NAD27 coordinates 3607200; 506300, 3607100; 505600, following the CCVPD boundary to UTM 504500, 3606200; 504800, 3606200;
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504800, 3606300; 505000, 3606300; NAD27 x-coordinate 501300; thence Unit 3b: From USGS 1:24,000 505000, 3606400; 505100, 3606400; north following UTM NAD27 quadrangle map Otay Mesa, the 505100, 3606500; 505200, 3606500; coordinates 501300, 3605300; 501400, southern half of the Immigration and 505200, 3606600; 505700, 3606600; 3605300; thence north to the CCVPD Nationalization Service land at 505700, 3606500; 505800, 3606500; boundary at UTM NAD27 x-coordinate Brownfield. 505800, 3606600; 506300, 3606600; 501400; thence north following the Unit 3c: From USGS 1:24,000 506300, 3606800; 506600, 3606800; CCVPD boundary to UTM NAD27 x- quadrangle map Otay Mesa, beginning 506600, 3606900; thence east to the coordinate 501600; thence north on the CSDMjA boundary at UTM CCVPD boundary at UTM NAD27 y- following UTM NAD27 coordinates NAD27 y-coordinate 3604000; thence coordinate 3606900; thence south 501600, 3605900; 501500, 3605900; south following the CSDMjA boundary following the CCVPD boundary to the 501500, 3606000; 501300, 3606000; to UTM NAD27 x-coordinate 509200; CCV boundary; thence west following 501300, 3606100; thence north to the thence south following UTM NAD27 the CCV boundary to the CCVPD CCVPD boundary at UTM NAD27 x- coordinates 509200, 3602900; 509000, boundary; thence north following the coordinate 501300; thence east 3602900; 509000, 3602800; 509100, CCVPD boundary to the UTM NAD27 y- following the CCVPD boundary to UTM 3602800; 509100, 3602700; 508200, coordinate 3604700; thence west NAD27 y-coordinate 3605700; thence 3602700; 508200, 3603200; 508100, following UTM NAD27 coordinates east following UTM NAD27 coordinates 3603200; 508100, 3603400; 508000, 500400, 3604700; 500400, 3604800; 500600, 3605700; 500600, 3605800; 3603400; 508000, 3603600; 508100, 500100, 3604800; 500100, 3604700; 500100, 3605800; 500100, 3605900; 3603600; 508100, 3603700; 508200, thence west to the CCV boundary at 499900, 3605900; thence north 3603700; 508200, 3603800; 508400, UTM NAD27 y-coordinate 3604700; returning to the point of beginning on 3603800; 508400, 3604000; returning to thence north along the CCV boundary to the CCVPD boundary at UTM NAD27 x- the point of beginning on the CSDMjA the CCVPD boundary; thence east coordinate 499900; excluding the boundary at UTM NAD27 y-coordinate following the CCVPD boundary to UTM proposed State Route 125 easement. 3604000.
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Dated: June 1, 2001. Marshall P. Jones, Jr., Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 01–14309 Filed 6–12–01; 8:45 am] BILLING CODE 4310–55–C
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