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variation (Thomas 2009, pers. comm.). literature cited in the petition, and we Dated: August 6, 2009. Because of the reduction in genetic have evaluated the information to Jerome Ford, exchange it faces in the wild, the determine whether the sources cited Acting Director, U.S. Fish and Wildlife species is less capable of withstanding support the claims made in the petition Service. other environmental stressors like relating to the five listing factors. We [FR Doc. E9–19494 Filed 8–17–09; 8:45 am] drought, or climate change (Thomas also reviewed reliable information in BILLING CODE 4310–55–P 2009, pers. comm.). our files. Based on our evaluation of the We find that the petition does not information provided in the petition present substantial information that DEPARTMENT OF THE INTERIOR and in our files, we have determined listing may be warranted for nine that the petition presents substantial species: Washington duskysnail Fish and Wildlife Service information to indicate that listing of (Amnicola sp. 2), Camissonia exilis Sisyrinchium sarmentosum may be (Cottonwood Spring suncup), lake disc 50 CFR Part 17 warranted due to the present or (Discus brunsoni), gypsicola threatened destruction, modification, or [Docket No. FWS–R8–ES–2009–0044; (Sunnyside green-gentian), Lomatium 92210–1117–0000–FY09–B4] curtailment of its habitat or range latilobum (Canyonlands lomatium), resulting from development, livestock Lygodesmia doloresensis (Dolores river RIN 1018–AU23 trampling, succession, and skeletonplant), Drummond possibly ORV use; and due to other mountainsnail (Oreohelix sp. 4), Endangered and Threatened Wildlife natural or manmade factors affecting its Bitterroot mountainsnail (Oreohelix and ; Designation of Critical continued existence resulting from amariradix), and keeled mountainsnail Habitat for the Sonoma County Distinct genetic reduction, drought, and effects (Oreohelix carinifera). Population Segment of California Tiger of climate change. We find that the petition presents Salamander (Ambystoma Trifolium friscanum (Frisco ) substantial scientific or commercial californiense) Trifolium friscanum is a narrow information that listing the remaining AGENCY: Fish and Wildlife Service, endemic with small populations 29 of the 38 species that we evaluated Interior. as threatened or endangered under the (Evenden 1998, p. 6). The two element ACTION: Proposed rule; public hearing occurrences are restricted to limestone Act may be warranted. Therefore, we are announcement. outcrops on Grampian Hill in Beaver initiating a status review to determine County, (Evenden 1998, appendix whether listing these 29 species under SUMMARY: We, the U.S. Fish and C), and in the nearby Tunnel Spring the Act is warranted. Wildlife Service (Service), propose to Mountains (Evenden 1999, pp. 6–7). We previously determined that designate critical habitat for the Sonoma Estimates of the area of occupied habitat emergency listing of any of the 38 County distinct population segment vary from 30 ha (75 ac) (Evenden 1998, species is not warranted. However, if at (DPS) of the California tiger salamander appendix C; Evenden 1999, appendix B) any time we determine that emergency (Ambystoma californiense) under the to 225 ha (560 ac) (Kass 1992, pp. 7–8). listing of any of the species is Endangered Species Act of 1973, as Estimates of the species’ total warranted, we will initiate an amended (Act). In total, approximately population vary from 2,000 individuals emergency listing. 74,223 acres (30,037 hectares) are being (Kass 1992, p. 7) to approximately 3,500 The petitioners also request that proposed for designation as critical individuals (Evenden 1998, appendix C; critical habitat be designated for the habitat. The proposed critical habitat is Evenden 1999, appendix B). species concurrent with final listing located in Sonoma County, California. Factor A: Mineralized limestone under the Act. If we determine in our DATES: We will accept comments substrates that sustain the species were 12-month finding, following the status received or postmarked on or before historically subjected to habitat review of the species, that listing is October 19, 2009. We must receive destruction from precious metals warranted, we will address the requests for public hearings, in writing, . Over 80 percent of the species’ designation of critical habitat in the at the address shown in FOR FURTHER habitat is located on lands having subsequent proposed rule. INFORMATION CONTACT by October 2, private, patented mining claims 2009. (Evenden 1998, p. 9; Kass 1992, p. 9). References Cited Factors B, C, D, and E: No information ADDRESSES: You may submit comments A complete list of references cited is was presented in the petition by one of the following methods: available on the Internet at Docket No. • concerning threats to this species from Federal eRulemaking Portal: http:// FWS–R2–ES–2008–0131 at http:// the factors. www.regulations.gov. Follow the Based on our evaluation of the www.regulations.gov and upon request instructions for submitting comments to information provided in the petition from the Mountain-Prairie Region Docket No. FWS–R8–ES–2009–0044. and in our files, we have determined Ecological Services Office (see • U.S. mail or hand-delivery: Public that the petition presents substantial ADDRESSES). Comments Processing, Attn: FWS–R8– information to indicate that listing of Author ES–2009–0044; Division of Policy and Trifolium friscanum may be warranted Directives Management; U.S. Fish and due to the present or threatened The primary authors of this document Wildlife Service; 4401 N. Fairfax Drive, destruction, modification, or are the staff members of the Mountain- Suite 222; Arlington, VA 22203. curtailment of its habitat or range Prairie Region Ecological Services We will not accept e-mail or faxes. We resulting from mining. Offices (see ADDRESSES). will post all comments on http:// Authority www.regulations.gov. This generally Finding means that we will post any personal We reviewed and evaluated 38 of the The authority for this action is the information you provide us (see the 206 petitioned species, based on the Endangered Species Act of 1973, as Public Comments section below for information in the petition and the amended (U.S.C. 1531 et seq.). more information).

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FOR FURTHER INFORMATION CONTACT: impacts on small entities or families, 2003); the proposed rules to designate Susan Moore, Field Supervisor, U.S. and the benefits of including or critical habitat for the California tiger Fish and Wildlife Service, Sacramento excluding areas that exhibit these salamander in Santa Barbara County (69 Fish and Wildlife Office, Cottage Way, impacts; FR 3064; January 22, 2004) and the W–2605, Sacramento, CA 95825; (7) Information on whether the benefit Central population of the species range telephone 916–414–6600; facsimile of exclusion of any particular area, such (69 FR 48570; August 10, 2004); and the 916–414–6713. If you use a as areas covered by habitat conservation final rules to designate critical habitat telecommunications device for the deaf plans or other types of management for the California tiger salamander in (TDD), call the Federal Information agreements, outweighs the benefit of Santa Barbara County (69 FR 68568; Relay Service (FIRS) at 800–877–8339. inclusion under section 4(b)(2) of the November 24, 2004) and the Central SUPPLEMENTARY INFORMATION: Act; and population (70 FR 49380; August 23, (8) Whether we could improve or 2005). The information contained in Public Comments modify our approach to designating those previous Federal Register We intend that any final action critical habitat in any way to provide for documents was used in developing this resulting from this proposed rule will be greater public participation and rule. understanding, or to better based on the best scientific and Previous Federal Actions commercial data available and be as accommodate public concerns and accurate and as effective as possible. comments. On August 4, 2004, we listed the Therefore, we request comments or You may submit your comments and Central California population of the information from the public, other materials concerning this proposed rule California tiger salamander as a DPS as concerned governmental agencies, the by one of the methods listed in the threatened (69 FR 47211). At that time scientific community, industry, or other ADDRESSES section. We will not we reclassified the California tiger interested party concerning this consider hand-delivered comments that salamander as threatened throughout its proposed rule. We particularly seek we do not receive, or mailed comments range (69 FR 47211), removing the Santa comments concerning: that are not postmarked, by the date Barbara County and Sonoma County (1) The reasons why we should or specified in the DATES section. populations as separately listed DPSs should not designate habitat as ‘‘critical We will post your entire comment— (69 FR 47241). habitat’’ under section 4 of the including your personal identifying On August 18, 2005, as a result of Endangered Species Act of 1973, as information—on http:// litigation of the August 4, 2004, final amended (Act) (16 U.S.C. 1531 et seq.) www.regulations.gov. If you provide rule (69 FR 47211) on the including whether there are threats to personal identifying information, such reclassification of the California tiger the species from human activity, the as your street address, phone number, or salamander DPSs (Center for Biological degree of which can be expected to e-mail address, you may request at the Diversity et al. v. United States Fish and increase due to the designation, and top of your document that we withhold Wildlife Service et al. (Case No. C–04 whether that increase in threat this information from public review. 4324 WHA (N.D. Cal. 2005))), the outweighs the benefit of designation However, we cannot guarantee that we District Court of Northern California such that the designation of critical will be able to do so. sustained the portion of the 2004 final habitat is not prudent; Comments and materials we receive, rule pertaining to listing the Central (2) Specific information on: as well as supporting documentation we California tiger salamander as • The amount and distribution of used in preparing this proposed rule, threatened with a special rule, vacated California tiger salamander (CTS) will be available for public inspection the 2004 rule with regard to the Santa habitat, on http://www.regulations.gov, or by Barbara County and Sonoma County • What areas occupied at the time of appointment, during normal business DPSs, and reinstated their prior listing listing and that contain features hours, at the U.S. Fish and Wildlife as endangered. We are making the essential to the conservation of the Service, Sacramento Fish and Wildlife necessary changes to the information species we should include in the Office (see FOR FURTHER INFORMATION included in the Code of Federal designation and why, and CONTACT). Regulations (CFR) in the Regulatory • section of this rule and will finalize the What areas not occupied at the time Background of listing are essential for the changes in the final critical habitat for conservation of the species and why. It is our intent to discuss only those the Sonoma County DPS of the (3) Additional information concerning topics directly relevant to the California tiger salamander. the range, distribution, and population designation of critical habitat in this With respect to critical habitat, on size of this species, including the proposed rule. For more information on October 13, 2004, a complaint was filed locations of any additional populations the California tiger salamander, a in the U.S. District Court for the of this species that would help us physical description of the California Northern District of California (Center further refine boundaries of critical tiger salamander and other information for Biological Diversity et al. v. U.S. Fish habitat; about its , distribution, life and Wildlife Service et al. (Case No. C– (4) Information that may assist us in history, and biology is included in the 04 4324 FMS (N.D. Cal. 2005)), which clarifying the primary constituent Background section of the final rule to in part challenged the failure of elements; list California tiger salamander as a designating critical habitat for the (5) Land use designations and current threatened species, published in the California tiger salamander in Sonoma or planned activities in the subject areas Federal Register on August 4, 2004 (69 County. On February 3, 2005, the and their possible impacts on proposed FR 47212). Additional relevant District Court approved a settlement critical habitat; information may be found in the final agreement that required the Service to (6) Any probable economic, national rules to list the Santa Barbara County submit a final determination on the security, or other relevant impacts of Distinct Population Segment (DPS) (65 proposed critical habitat designation for designating any area that may be FR 57242; September 21, 2000) and the publication in the Federal Register on included in the final designation. We Sonoma County DPS of California tiger or before December 1, 2005. On August are particularly interested in any salamander (68 FR 13498; March 19, 2, 2005 (70 FR 44301), the Service

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published a proposed rule to designate Critical habitat receives protection Government Appropriations Act for approximately 74,223 acres (ac) (30,037 under section 7 of the Act through the Fiscal Year 2001 (Pub. L. 106–554; H.R. hectares (ha)) of critical habitat, and on prohibition against Federal agencies 5658)), and our associated Information November 17, 2005, we published a carrying out, funding, or authorizing the Quality Guidelines, provide criteria, revised proposed rule indicating we destruction or adverse modification of establish procedures, and provide were considering approximately 21,298 critical habitat. Section 7(a)(2) requires guidance to ensure that our decisions acres for the final designation (70 FR consultation on Federal actions that are based on the best scientific data 69717). On December 14, 2005, the may affect critical habitat. The available. They require our biologists, to Service published a final rule in the designation of critical habitat does not the extent consistent with the Act and Federal Register (70 FR 74138), which affect land ownership or establish a with the use of the best scientific data excluded all proposed critical habitat, refuge, wilderness, reserve, preserve, or available, to use primary and original resulting in a designation of zero acres other conservation area. Such sources of information as the basis for of critical habitat. designation does not allow the recommendations to designate critical On February 29, 2008, we received a government or public to access private habitat. notice of intent to sue from the Center lands. Such designation does not When we are determining which areas for Biological Diversity that challenged require implementation of restoration, should be designated as critical habitat, the Service’s final designation of critical recovery, or enhancement measures by our primary source of information is habitat claiming that it was not based on non-Federal landowners. Where a generally the information developed the best available scientific information. landowner seeks or requests Federal during the listing process for the On May 5, 2009, the Court approved a agency funding or authorization for an species. Additional information sources stipulated settlement agreement where action that may affect a listed species or may include the recovery plan for the the Service agreed to publish a revised critical habitat, the consultation species, articles in peer-reviewed proposed rule within 90 days that requirements of section 7(a)(2) would encompasses the same geographic area apply, but even in the event of a journals, conservation plans developed as the August 2005 proposal. This destruction or adverse modification by States and counties, scientific status revised proposed rule complies with the finding, the obligation of the Federal surveys and studies, biological May 1, 2009, stipulated agreement. action agency and the applicant is not assessments, or other unpublished to restore or recover the species, but to materials and expert opinion or Critical Habitat implement reasonable and prudent personal knowledge. Background alternatives to avoid destruction or Habitat is often dynamic, and species adverse modification of critical habitat. may move from one area to another over Critical habitat is defined in section 3 For inclusion in a critical habitat time. Furthermore, we recognize that of the Act as: designation, the habitat within the (i) The specific areas within the critical habitat designated at a particular geographical area occupied by the point in time may not include all of the geographical area occupied by the species at the time it was listed must species, at the time it is listed in habitat areas that we may later contain the physical and biological determine are necessary for the recovery accordance with the Act, on which are features essential to the conservation of found those physical or biological of the species. For these reasons, a the species, and be included only if critical habitat designation does not features those features may require special (I) Essential to the conservation of the signal that habitat outside the management considerations or designated area is unimportant or may species and protection. Critical habitat designations (II) Which may require special not be required for recovery of the identify, to the extent known using the species. management considerations or best scientific and commercial data protection; and available, habitat areas that provide Areas that are important to the (ii) Specific areas outside the essential life-cycle needs of the species conservation of the species, but are geographical area occupied by the (areas on which are found the physical outside the critical habitat designation, species at the time it is listed, upon a and biological features laid out in the will continue to be subject to determination that such areas are appropriate quantity and spatial conservation actions we implement essential for the conservation of the arrangement for the conservation of the under section 7(a)(1) of the Act. Areas species. species). Under the Act and regulations that support populations are also subject Conservation, as defined under at 50 CFR 424.12, we can designate to the regulatory protections afforded by section 3 of the Act, means to use and critical habitat in areas outside the the section 7(a)(2) jeopardy standard, as the use of all methods and procedures geographical area occupied by the determined on the basis of the best that are necessary to bring an species at the time it is listed only when available scientific information at the endangered or threatened species to the we determine that those areas are time of the agency action. Federally point at which the measures provided essential for the conservation of the funded or permitted projects affecting pursuant to the Act are no longer species and that designation limited to listed species outside their designated necessary. Such methods and those areas occupied at the time of critical habitat areas may still result in procedures include, but are not limited listing would be inadequate to ensure jeopardy findings in some cases. to, all activities associated with the conservation of the species. Similarly, critical habitat designations scientific resources management such as Section 4 of the Act requires that we made on the basis of the best available research, census, law enforcement, designate critical habitat on the basis of information at the time of designation habitat acquisition and maintenance, the best scientific and commercial data will not control the direction and propagation, live trapping, and available. Further, our Policy on substance of future recovery plans, transplantation, and, in the Information Standards Under the habitat conservation plans (HCPs), or extraordinary case where population Endangered Species Act (published in other species conservation planning pressures within a given ecosystem the Federal Register on July 1, 1994 (59 efforts if new information available at cannot be otherwise relieved, may FR 34271)), the Information Quality Act the time of these planning efforts calls include regulated taking. (section 515 of the Treasury and General for a different outcome.

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Primary Constituent Elements (PCEs) the timing of winter rains initially fill Upland areas associated with the In accordance with section 3(5)(A)(i) pools or ponds and signal adults to water bodies are an important source of of the Act and regulations at 50 CFR move to these areas for breeding. Spring nutrients to stock ponds or vernal pools 424.12(b), in determining which areas rains then maintain pool inundation (Swanson 1974, p. 406). These nutrients occupied by the species at the time of which allows larvae time needed to provide the foundation for the aquatic listing to propose as critical habitat, we grow into metamorphosed juveniles so community’s food chain, which consider those physical and biological they can become capable of surviving in includes invertebrate and vertebrate features that are essential to the upland habitats. During periods of animals constituting important food sources for salamanders (Morin 1987, p. conservation of the species that may drought or less-than-average rainfall, 184). require special management these sites may not hold water long Dispersal habitats for this species are considerations or protection. We enough for individuals to complete metamorphosis; however, these sites generally upland areas adjacent to consider the physical and biological aquatic habitats which provide features to be the primary constituent still meet the definition of critical habitat for the species because they connectivity among California tiger elements (PCEs) laid out in the salamander suitable aquatic and upland appropriate quantity and spatial constitute breeding habitat in years of average rainfall. Without areas that have habitats. While California tiger arrangement for the conservation of the salamander can bypass many obstacles, species. The PCEs include, but are not these essential features, the Sonoma population would not survive, and do not require a particular type of limited to: habitat for dispersal, the habitats (1) Space for individual and reproduce, and develop juveniles that could grow into adult individual connecting essential aquatic and upland population growth and for normal habitats need to be accessible (no behavior; salamanders that can complete their life cycles. physical or biological attributes that (2) Food, water, air, light, minerals, or prevent access to adjacent areas) to other nutritional or physiological Stock ponds and vernal pools provide a significant amount of habitat for the function effectively. Agricultural lands requirements; such as row crops, orchards, vineyards, (3) Cover or shelter; Sonoma population remaining in the Santa Rosa Plain. Manmade stock ponds and pastures do not constitute barriers (4) Sites for breeding, reproduction, or to the dispersal of California tiger rearing (or development) of offspring; have joined or, in some areas, replaced vernal pools as breeding habitat. A salamanders, however, a busy highway and or interstate may constitute a barrier. landscape that supports a California (5) Habitats that are protected from The extent to which any attribute is a tiger salamander population is typically disturbance or are representative of the barrier is a function of the specific interspersed with vernal pools or historic, geographical, and ecological geography of the area and its stockponds that remain inundated for at distributions of a species. contribution to limiting salamander least 12 weeks in a year with average We derive the specific PCEs from the access to a greater or lesser extent. California tiger salamander’s biological rainfall. Dispersal habitats are needed for the needs. The physical and biological Upland habitats containing conservation of the California tiger features are those PCEs essential to the underground refugia have features that salamander. Protecting the ability of conservation of the species, laid out in are essential for the survival of adult California tiger salamanders to move the appropriate quantity and spatial salamanders and juvenile salamanders freely across the landscape in search of arrangement. All areas proposed as that have recently undergone suitable aquatic and upland habitats is critical habitat for the Sonoma metamorphosis. Adult and juvenile essential in maintaining gene flow and population are within the species’ California tiger salamanders are for recolonization of sites that may historical range and contain one or more primarily terrestrial. Adult California become temporarily extirpated. Lifetime of the PCEs identified as essential for tiger salamanders enter aquatic habitats reproductive success for the California the conservation of the species. Critical only for relatively short periods of time tiger salamander and other tiger habitat for the Sonoma population to breed. For the majority of their life salamanders may be naturally low. includes aquatic habitat, upland cycle, California tiger salamanders Trenham et al. (2000, p. 372) found the nonbreeding habitat with underground depend on upland habitats containing average female bred 1.4 times and refugia, and dispersal habitat connecting underground refugia in the form of produced 8.5 young that survived to occupied California tiger salamander small mammal burrows or other metamorphosis per reproductive effort. locations. The critical habitat we have underground structures for their This reproduction resulted in roughly proposed is designed to allow for an survival. These burrows provide 12 metamorphic offspring over the increase in the size of California tiger protection from the hot, dry weather lifetime of a female. In part, this low salamander populations in Sonoma typical of California in the nonbreeding reproductive rate may be due to the County. season. California tiger salamanders also extended time it takes for California Standing bodies of fresh water find food in these refugia and rely on tiger salamanders to reach sexual (including natural and manmade (e.g., them for protection from predators. The maturity; most do not breed until 4 or stock)) ponds, vernal pools, and other presence of small burrowing mammal 5 years of age. While individuals may ephemeral or permanent water bodies populations is a key element for the survive for more than 10 years, it is that typically support inundation during survival of the California tiger possible that many breed only once. winter rains and hold water for a salamander because they construct This presumed low breeding rate, minimum of 12 consecutive weeks in a burrows used by California tiger combined with a hypothesized low year of average rainfall, are features that salamanders. Because California tiger survivorship of metamorphosed are essential for Sonoma population salamanders do not construct burrows individuals, indicates that reproductive breeding and for providing space, food, of their own, without the continuing output may not be sufficient to maintain and cover necessary to sustain early life- presence of small mammal burrows in populations. history stages of larval and juvenile upland habitats, California tiger Dispersal habitats help to preserve the California tiger salamander. The 12 salamanders would not be able to population structure of the California consecutive week timeframe includes survive. tiger salamander. The life history and

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ecology of the California tiger County and those efforts related to the the Potential Range of the California salamander make it likely that this conservation strategy being undertaken tiger salamander polygon as identified species has a metapopulation structure. by the resource agencies, local in the Santa Rosa Plain Conservation A metapopulation is a set of breeding governments, and representatives from Strategy Map (California Department of sites within an area, where typical the environmental and building Fish and Game 2005, p. 1). We migration from one local occurrence or communities. evaluated the historic and current breeding site to other areas containing We based the extent of the proposed geographic range and potential suitable suitable habitat is possible, but not critical habitat for the California tiger habitat, and identified areas of routine. Movement between areas salamander in Sonoma County on nonessential habitat (i.e., not containing containing suitable upland and aquatic historical and current range of the PCEs) (see Primary Constituent habitats (i.e., dispersal) is restricted due species as well as the Santa Rosa Plain Elements). Those undeveloped areas to inhospitable conditions around and conservation strategy. Historical records within and adjacent to developed areas between areas of suitable habitats. for the species and/or its habitat have that contain the PCEs are considered Because many of the areas of suitable been documented throughout the Santa potential critical habitat for the species. habitats may be small and support small Rosa Plain and into the Petaluma River numbers of salamanders, local watershed. Additional criteria used in Special Management Considerations or extinction of these small units may be refining the extent of the critical habitat Protections common. The persistence of a were the specific soil types associated When designating critical habitat, we metapopulation depends on the with habitat for the species and below assess whether the areas within the combined dynamics of these local the 200-foot (61-meter) elevation. Major geographical area occupied at the time extinctions and the subsequent water courses or floodplains were used of listing contain features essential to recolonization of these areas through to delineate boundaries where the conservation of the species that may dispersal (Hanski and Gilpin 1991, pp. information on their location and extent require special management 7–9; Hanski 1994, p. 151). was available. In addition, we used considerations or protection. Based on the above needs and our aerial photography to examine historic Within the single unit proposed as knowledge of the life history, biology, and current habitat as well as land use critical habitat, we find that the features and ecology of the species and the patterns. essential to the conservation of the requirements of the habitat to sustain We have also reviewed available California tiger salamander may require the essential life-history functions of the information that pertains to the upland special management considerations or species, we have determined that the and aquatic habitat requirements of this protection because of the threats primary constituent elements for the species. Based on the best available outlined below: California tiger salamander in Sonoma information, we included areas where (1) Activities that would threaten the County are: the species historically occurred, or utility of California tiger salamander (1) Standing bodies of fresh water currently occurs, or has the potential to breeding ponds in Sonoma County, such (including natural and manmade (e.g., occur based on the suitability of habitat. as introduction of nonnative predators, stock)) ponds, vernal pools and other We identified areas that represent the including bullfrogs and nonnative fish; ephemeral or permanent water bodies range of environmental, ecological, and (2) Activities that could disturb that typically support inundation during genetic variation of the California tiger aquatic breeding habitats during the winter/early spring and hold water for salamander in Sonoma County and breeding season, such as heavy a minimum of 12 consecutive weeks in contain the primary constituent equipment operation, ground a year of average rainfall. elements (see Primary Constituent disturbance, maintenance projects (e.g., (2) Upland habitats adjacent and Elements). pipelines, roads, powerlines), off-road accessible to and from breeding ponds After identifying the PCEs, we used travel, or recreation; that contain small mammal burrows or the PCEs in combination with (3) Activities that impair the water other underground refugia that information on California tiger quality of aquatic breeding habitat; California tiger salamanders depend salamander locations, geographic (4) Activities that would reduce small upon for food, shelter, and protection distribution, vegetation, topography, mammal populations to the point that from the elements and predation. geology, soils, distribution of California there are insufficient underground (3) Accessible upland dispersal tiger salamander occurrences within refugia used by California tiger habitat between occupied locations that and between vernal pool types, salamander in Sonoma County for allow for movement between such sites. watersheds, current land uses, scientific foraging, protection from predators, and information on the biology and ecology shelter from the elements; Methods of the California tiger salamander, and (5) Activities that create barriers This proposal is an updating of the conservation principles to identify impassable for salamanders or increase 2005 proposed critical habitat essential habitat. As a result of this mortality in upland habitat between designation for the Sonoma County DPS process, the proposed critical habitat extant occurrences in breeding habitat; of the California tiger salamander. As unit possesses a combination of and required by section 4(b)(1)(A) of the Act, occupied and potential aquatic and (6) Activities that disrupt vernal pool we used the best scientific and upland habitat types, including complexes’ ability to support California commercial data available in topography, landscape features, and tiger salamander breeding function. determining areas that contain the surrounding land uses, and represents In the case of the California tiger features that are essential to the the geographical range and salamander in Sonoma County, natural conservation of the California tiger environmental variability of habitat for repopulation is likely not possible salamander in Sonoma County. We the California tiger salamander. without human assistance and reviewed the overall approach to the This proposed unit was delineated by landowner cooperation. Examples of conservation of the California tiger digitizing a polygon (map unit) using such proactive activities that benefit the salamander undertaken by local, State, ArcView (Environmental Systems California tiger salamander include and Federal agencies operating within Research Institute, Inc.) GIS program. enhancement or creation of breeding the species’ range within Sonoma The polygon was created by modifying ponds and control of nonnative

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predators. These are the types of 74,223 acres (ac) (30,037 hectares (ha)), Decisions by the Fifth and Ninth proactive, voluntary conservation efforts including approximately 887 ac (359 ha) Circuits Court of Appeals have that are necessary to prevent the of State lands (676 ac (274 ha) California invalidated our definition of extinction and promote the recovery of Department of Fish and Game lands and ‘‘destruction or adverse modification’’ many other species (Wilcove and Lee 211 ac (85 ha) State Commission lands), (50 CFR 402.02) (see Gifford Pinchot 2004, p. 639; Shogren et al. 1999, p. 26 ac (10.5 ha) of County Regional Park Task Force v. U.S. Fish and Wildlife 1260; Wilcove and Chen 1998, p. 1260; land, and 73,336 ac (29,678 ha) of Service, 378 F. 3d 1059 (9th Cir. 2004) Wilcove et al., 1996, pp. 3–5). private and other lands. The area and Sierra Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 Criteria Used To Identify Critical estimate reflects all land within the (5th Cir. 2001)), and we do not rely on Habitat critical habitat unit boundary. No Federal lands are included in this this regulatory definition when As required by section 4(b) of the Act proposed unit. analyzing whether an action is likely to and according to section 424.12 of our We present a brief unit description destroy or adversely modify critical implementing regulations in the Code of below and an explanation why it meets habitat. Under the statutory provisions Federal Regulations, we used the best the definition of critical habitat for of the Act, we determine destruction or scientific data available in determining California tiger salamander in Sonoma adverse modification on the basis of areas within the geographical area County. The unit is located in central whether, with implementation of the occupied at the time of listing that Sonoma County, bordered on the west proposed Federal action, the affected contain the features essential to the by the Laguna de Santa Rosa, on the critical habitat would remain functional conservation of the California tiger south by Skillman Road northwest of (or retain those PCEs that relate to the salamander, and areas outside of the Petaluma, on the east by the foothills, ability of the area to periodically geographical area occupied at the time and on the north by Windsor Creek. support the species) to serve its of listing that are essential for the The Santa Rosa Plain and adjacent intended conservation role for the conservation of the California tiger areas are characterized by vernal pools, species. salamander. We are proposing for seasonal wetlands, and associated If a species is listed or critical habitat designation of critical habitat lands that grassland habitat. This proposed is designated, section 7(a)(2) of the Act we have determined were occupied at designation represents the northernmost requires Federal agencies to ensure that the time of listing and contain the part of the geographic distribution of activities they authorize, fund, or carry features essential to the conservation of California tiger salamander and includes out are not likely to jeopardize the the California tiger salamander in lands that support California tiger continued existence of the species or to Sonoma County. salamander breeding in various vernal destroy or adversely modify its critical When determining proposed critical pool complexes. This unit contains the habitat. If a Federal action may affect a habitat boundaries within this proposed physical and biological features listed species or its critical habitat, the rule, we made every effort to avoid essential to the conservation of the responsible Federal agency (action including developed areas such as lands California tiger salamander in Sonoma agency) must enter into consultation covered by buildings, pavement, and County. The proposed designation with us. As a result of this consultation, other structures because such lands lack encompasses nine vernal pool we document compliance with the PCEs for the California tiger salamander. complexes, each of which contains requirements of section 7(a)(2) through The scale of the map we prepared under wetlands that currently support our issuance of: the parameters for publication within breeding California tiger salamander in (1) A concurrence letter for Federal the Code of Federal Regulations may not Sonoma County. At the time of listing actions that may affect, but are not reflect the exclusion of such developed (2003), eight of these complexes were likely to adversely affect, listed species lands. Any such lands inadvertently left known breeding sites, a ninth breeding or critical habitat; or inside critical habitat boundaries shown location was determined subsequent to (2) A biological opinion for Federal on the maps of this proposed rule have listing. actions that may affect, and are likely to been excluded by text in the proposed The physical and biological features adversely affect, listed species or critical rule and are not proposed for essential to the conservation of the habitat. designation as critical habitat. California tiger salamander in Sonoma When we issue a biological opinion Therefore, if the critical habitat is County may require special concluding that a project is likely to finalized as proposed, a Federal action management considerations or jeopardize the continued existence of a involving these undesignated lands protections to minimize impacts from: listed species or destroy or adversely would not trigger section 7 consultation nonnative predators; disturbance of modify critical habitat, we also provide with respect to critical habitat and the aquatic breeding habitats; activities that reasonable and prudent alternatives to requirement of no adverse modification impair the water quality of aquatic the project, if any are identifiable. We unless the specific action would affect breeding habitat; activities that reduce define ‘‘Reasonable and prudent the PCEs in the adjacent designated underground refugia; creation of alternatives’’ at 50 CFR 402.02 as critical habitat. impassable barriers; and disruption of alternative actions identified during Proposed Critical Habitat Designation vernal pool complex processes (see consultation that: • Can be implemented in a manner We are proposing to designate as a Special Management Considerations or Protections section above). consistent with the intended purpose of single unit critical habitat for the the action; California tiger salamander in the Santa Effects of Critical Habitat Designation • Can be implemented consistent Rosa Plain Region. The critical habitat with the scope of the Federal agency’s Section 7 Consultation area described below constitutes our legal authority and jurisdiction; current best assessment of the areas that Section 7 of the Act requires Federal • Are economically and meet the definition of critical habitat for agencies, including the Service, to technologically feasible; and the California tiger salamander. ensure that actions they fund, authorize, • Would, in the Director’s opinion, The approximate area encompassed or carry out are not likely to destroy or avoid jeopardizing the continued within the proposed critical habitat is adversely modify critical habitat. existence of the listed species or

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destroying or adversely modifying needs of the species and provide for the Consultations could arise if a project is critical habitat. conservation of the species. proposed within a currently unoccupied Reasonable and prudent alternatives can Section 4(b)(8) of the Act requires us portion of a critical habitat unit and the vary from slight project modifications to to briefly evaluate and describe, in any PCEs of the designated critical habitat extensive redesign or relocation of the proposed or final regulation that may be adversely affected by the project. designates critical habitat, activities project. Costs associated with Exemptions implementing a reasonable and prudent involving a Federal action that may alternative are similarly variable. destroy or adversely modify such Application of Section 4(a)(3) of the Act Regulations at 50 CFR 402.16 require habitat, or that may be affected by such The Sikes Act Improvement Act of Federal agencies to reinitiate designation. 1997 (Sikes Act) (16 U.S.C. 670a) Activities that, when carried out, consultation on previously reviewed required each military installation that funded, or authorized by a Federal actions in instances where we have includes land and water suitable for the agency, may affect critical habitat and listed a new species or subsequently conservation and management of designated critical habitat that may be therefore should result in consultation for the California tiger salamander natural resources to complete an affected and the Federal agency has integrated natural resource management retained discretionary involvement or include, but are not limited to: (1) Actions that would significantly plan (INRMP) by November 17, 2001. control over the action (or the agency’s An INRMP integrates implementation of discretionary involvement or control is compromise the function of vernal pools, swales, ponds, and other seasonal the military mission of the installation authorized by law). Consequently, with stewardship of the natural Federal agencies may sometimes need to wetlands as described in the Primary Constituent Elements section (see PCE resources found on the base. Each request reinitiation of consultation with INRMP includes: us on actions for which formal number 1). Such activities could • include, but are not limited to, An assessment of the ecological consultation has been completed, if needs on the installation, including the those actions with discretionary constructing new structures, vineyards, and roads; disking; grading; and water need to provide for the conservation of involvement or control may affect listed species; subsequently listed species or diversion. These activities could destroy • California tiger salamander breeding A statement of goals and priorities; designated critical habitat. • A detailed description of sites, reduce the hydrological regime Federal activities that may affect the management actions to be implemented necessary for successful larval California tiger salamander or its to provide for these ecological needs; metamorphosis, and/or eliminate or designated critical habitat require and reduce the habitat necessary for the section 7 consultation under the Act. • A monitoring and adaptive growth and reproduction of the Activities on State, Tribal, local, or management plan. California tiger salamander. private lands requiring a Federal permit Among other things, each INRMP must, (such as a permit from the U.S. Army (2) Actions that would significantly fragment and isolate aquatic and upland to the extent appropriate and applicable, Corps of Engineers under section 404 of provide for fish and wildlife the Clean Water Act (33 U.S.C. 1251 et habitat. Such activities could include, but are not limited to, constructing new management; fish and wildlife habitat seq.) or a permit from us under section enhancement or modification; wetland 10 of the Act) or involving some other structures and new roads. These protection, enhancement, and Federal action (such as funding from the activities could limit or prevent the restoration where necessary to support Federal Highway Administration, dispersal of California tiger salamanders fish and wildlife; and enforcement of Federal Aviation Administration, or the from breeding sites to upland habitat or applicable natural resource laws. Federal Emergency Management vice versa due to obstructions to movement composed of structures, The National Defense Authorization Agency) are subject to the section 7 Act for Fiscal Year 2004 (Pub. L. 108– consultation process. Federal actions certain types of curbs, or increased traffic density. These activities could 136) amended the Act to limit areas not affecting listed species or critical eligible for designation as critical habitat, and actions on State, Tribal, compromise the metapopulation habitat. Specifically, section 4(a)(3)(B)(i) local, or private lands that are not structure of the Sonoma population by of the Act (16 U.S.C. 1533(a)(3)(B)(i)) Federally funded, authorized, or reducing opportunities for now provides: ‘‘The Secretary shall not permitted, do not require section 7 recolonization of some sites that may designate as critical habitat any lands or consultations. have experienced natural local extinctions. other geographical areas owned or Application of the ‘‘Adverse All lands proposed for designation as controlled by the Department of Modification’’ Standard critical habitat are within the geographic Defense, or designated for its use, that The key factor related to the adverse area occupied by the species, and may are subject to an integrated natural modification determination is whether, be used by the California tiger resources management plan prepared with implementation of the proposed salamander, whether for foraging, under section 101 of the Sikes Act (16 Federal action, the affected critical breeding, growth of larvae and U.S.C. 670a), if the Secretary determines habitat would continue to serve its juveniles, dispersal, migration, genetic in writing that such plan provides a intended conservation role for the exchange, or sheltering. Areas within benefit to the species for which critical species, or retain those PCEs that relate the Santa Rosa Plain proposed critical habitat is proposed for designation.’’ to the ability of the area to periodically habitat unit that contain the PCEs are There are no Department of Defense support the species. Activities that may essential to the conservation of the lands within the proposed critical destroy or adversely modify critical California tiger salamander. Federal habitat designation; therefore, there are habitat are those that alter the PCEs to agencies already consult with us on no exemptions in this proposed rule. an extent that appreciably reduces the activities in areas currently occupied by Exclusions conservation value of critical habitat for the species or if the species may be the California tiger salamander. As affected by the action to ensure that Application of Section 4(b)(2) of the Act discussed above, the role of critical their actions do not jeopardize the Section 4(b)(2) of the Act states that habitat is to support the life-history continued existence of the species. the Secretary must designate and revise

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critical habitat on the basis of the best Exclusions Based on National Security assumptions, and analyses. We have available scientific data after taking into Impacts invited these peer reviewers to comment consideration the economic impact, Under section 4(b)(2) of the Act, we during this public comment period on national security impact, and any other consider whether there are lands owned the data used, specific assumptions, and relevant impact of specifying any or managed by the Department of conclusions regarding the proposed particular area as critical habitat. The Defense (DOD) where a national security designation of critical habitat. Secretary may exclude an area from impact might exist. In preparing this We will consider all comments and critical habitat if he determines that the proposal, we have determined that the information received during the benefits of such exclusion outweigh the lands within the proposed designation comment period on this proposed rule benefits of specifying such area as part of critical habitat for the California tiger during preparation of a final of the critical habitat, unless he salamander are not owned or managed rulemaking. Accordingly, the final rule determines, based on the best scientific by the DOD, and therefore, anticipate no may differ from this proposed rule. data available, that the failure to impact to national security. There are no designate such area as critical habitat Public Hearing areas proposed for exclusion based on will result in the extinction of the The Act provides for one or more impacts on national security. species. In making that determination, public hearings on this proposal, if the legislative history is clear that the Exclusions Based on Other Relevant requested. Requests must be received Secretary has broad discretion regarding Impacts within 45 days after the date of which factor(s) to use and how much Under section 4(b)(2) of the Act, we publication of this proposed rule in the weight to give to any factor. consider any other relevant impacts, in Federal Register. Such requests must be Under section 4(b)(2) of the Act, we sent to the address shown in FOR may exclude an area from designated addition to economic impacts and impacts on national security. We FURTHER INFORMATION CONTACT. We will critical habitat based on economic schedule public hearings on this impacts, impacts on national security, consider a number of factors including whether the landowners have developed proposal, if any are requested, and or any other relevant impacts. In announce the dates, times, and places of considering whether to exclude a any HCPs or other management plans for the area, or whether there are those hearings, as well as how to obtain particular area from the designation, we reasonable accommodations, in the must identify the benefits of including conservation partnerships that would be encouraged by designation of, or Federal Register and local newspapers the area in the designation, identify the at least 15 days before the hearing. benefits of excluding the area from the exclusion from, critical habitat. In designation, and determine whether the addition, we look at any Tribal issues, Required Determinations and consider the government-to- benefits of exclusion outweigh the Regulatory Planning and Review benefits of inclusion. If based on this government relationship of the United analysis, we make the determination States with Tribal entities. We also Executive Order 12866 requires that the benefits of exclusion outweigh consider any social impacts that might Federal agencies to submit proposed the benefits of inclusion, we can occur because of the designation. and final significant rules to the Office exclude the area only if such exclusion In preparing this proposal, we are of Management and Budget (OMB) prior would not result in the extinction of the requesting comments on the benefit to to publication in the FR. The Executive species. the California tiger salamander from the Order defines a rule as significant if it Sonoma County Office of Education’s meets one of the following four criteria: Exclusions Based on Economic Impacts Low-Effect HCP, which covers (a) The rule will have an annual effect Under section 4(b)(2) of the Act, we approximately 4.42 ac (1.79 ha) in Santa of $100 million or more on the economy consider the economic impacts of Rosa, California; however, at this time, or adversely affect an economic sector, specifying any particular area as critical we are not proposing the exclusion of productivity, jobs, the environment, or habitat. In order to consider economic any areas in the proposed revised other units of the government; impacts, we are preparing an analysis of critical habitat for the Sonoma (b) The rule will create the economic impacts of the proposed population of the California tiger inconsistencies with other Federal critical habitat designation and related salamander. We also request comments agencies’ actions; factors. or information on any other (c) The rule will materially affect We will announce the availability of management plans for the California entitlements, grants, user fees, loan the draft economic analysis in the tiger salamander within the proposed programs, or the rights and obligations Federal Register as soon as it is critical habitat unit. We have of their recipients; or completed, at which time we will seek determined that the proposed (d) The rule raises novel legal or public review and comment. At that designation does not include any Tribal policy issues. time, copies of the draft economic lands or trust resources, and we It has been determined that this rule analysis will be available for anticipate no impact to Tribal lands or is not ‘‘significant.’’ downloading from the Internet at trust resources from this proposed Regulatory Flexibility Act http://www.regulations.gov, or by critical habitat designation. contacting the Sacramento Fish and Under the Regulatory Flexibility Act Wildlife Office directly (see FOR Peer Review (5 U.S.C. 601 et seq., as amended by the FURTHER INFORMATION CONTACT). During In accordance with our joint policy Small Business Regulatory Enforcement the development of a final designation, published in the Federal Register on Fairness Act (SBREFA) of 1996), we will consider economic impacts, July 1, 1994 (59 FR 34270), we will seek whenever an agency is required to public comments, and other new the expert opinions of at least three publish a notice of rulemaking for any information, and areas may be excluded appropriate and independent specialists proposed or final rule, it must prepare from the final critical habitat regarding this proposed rule. The and make available for public comment designation under section 4(b)(2) of the purpose of such review is to ensure that a regulatory flexibility analysis that Act and our implementing regulations at our critical habitat designation is based describes the effects of the rule on small 50 CFR 424.19. on scientifically sound data, entities (i.e., small businesses, small

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organizations, and small government arising from participation in a voluntary authorization. Any such activity will jurisdictions). However, no regulatory Federal program,’’ unless the regulation require that the involved Federal agency flexibility analysis is required if the ‘‘relates to a then-existing Federal ensure that the action is not likely to head of the agency certifies the rule will program under which $500,000,000 or adversely modify or destroy designated not have a significant economic impact more is provided annually to State, critical habitat. However, as discussed on a substantial number of small local, and [T]ribal governments under above, Federal agencies are currently entities. The SBREFA amended the entitlement authority,’’ if the provision required to ensure that any such activity Regulatory Flexibility Act (RFA) to would ‘‘increase the stringency of is not likely to jeopardize the species, require Federal agencies to provide a conditions of assistance’’ or ‘‘place caps and no further regulatory impacts from statement of the factual basis for upon, or otherwise decrease, the Federal the designation of critical habitat are certifying that the rule will not have a Government’s responsibility to provide anticipated. Because we believe this significant economic impact on a funding,’’ and the State, local, or rule will not significantly or uniquely substantial number of small entities. [T]ribal governments ‘‘lack authority’’ to affect small governments, a Small At this time, we lack the available adjust accordingly. At the time of Government Agency Plan is not economic information necessary to enactment, these entitlement programs required. However, we will further provide an adequate factual basis for the were: Medicaid; Aid to Families with evaluate this issue as we conduct our required RFA finding. Therefore, we Dependent Children work programs; economic analysis, and review and defer the RFA finding until completion Child Nutrition; Food Stamps; Social revise this assessment if appropriate. of the draft economic analysis prepared Services Block Grants; Vocational Takings under section 4(b)(2) of the Act and E.O. Rehabilitation State Grants; Foster Care, 12866. This draft economic analysis will Adoption Assistance, and Independent In accordance with Executive Order provide the required factual basis for the Living; Family Support Welfare 12630 (‘‘Government Actions and RFA finding. Upon completion of the Services; and Child Support Interference with Constitutionally draft economic analysis, we will Enforcement. ‘‘Federal private sector Protected Private Property Rights’’), we announce availability of the draft mandate’’ includes a regulation that have analyzed the potential takings economic analysis of the proposed ‘‘would impose an enforceable duty implications of designating critical designation in the Federal Register and upon the private sector, except (i) a habitat for the California tiger reopen the public comment period for condition of Federal assistance or (ii) a salamander in a takings implications the proposed designation. We will duty arising from participation in a assessment. The takings implications include with this announcement, as voluntary Federal program.’’ assessment concludes that this appropriate, an initial regulatory The designation of critical habitat designation of critical habitat for the flexibility analysis or a certification that does not impose a legally binding duty California tiger salamander does not the rule will not have a significant on non-Federal government entities or pose significant takings implications for economic impact on a substantial private parties. Under the Act, the only lands within or affected by the number of small entities accompanied regulatory effect is that Federal agencies designation. by the factual basis for that must ensure that their actions do not Federalism determination. We have concluded that destroy or adversely modify critical deferring the RFA finding until habitat under section 7. While non- In accordance with Executive Order completion of the draft economic Federal entities that receive Federal 13132, the rule does not have significant analysis is necessary to meet the funding, assistance, or permits, or that Federalism effects. A Federalism purposes and requirements of the RFA. otherwise require approval or assessment is not required. In keeping Deferring the RFA finding in this authorization from a Federal agency for with DOI and Department of Commerce manner will ensure that we make a an action, may be indirectly impacted policy, we requested information from, sufficiently informed determination by the designation of critical habitat, the and coordinated development of, this based on adequate economic legally binding duty to avoid proposed critical habitat designation information and provide the necessary destruction or adverse modification of with appropriate State of California opportunity for public comment. critical habitat rests squarely on the resource agencies. The designation may Federal agency. Furthermore, to the have some benefit to these governments Unfunded Mandates Reform Act extent that non-Federal entities are in that the areas essential to the In accordance with the Unfunded indirectly impacted because they conservation of the species are more Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate clearly defined, and the primary seq.), we make the following findings: in a voluntary Federal aid program, the constituent elements of the habitat (a) This rule will not produce a Unfunded Mandates Reform Act would necessary to the survival of the species Federal mandate. In general, a Federal not apply; nor would critical habitat are specifically identified. This mandate is a provision in legislation, shift the costs of the large entitlement information does not alter where and statute, or regulation that would impose programs listed above on to State what Federally sponsored activities may an enforceable duty upon State, local, governments. occur. However, it may assist local Tribal governments, or the private sector (b) We do not believe that this rule governments in long-range planning and includes both ‘‘Federal will significantly or uniquely affect (rather than having them wait for case- intergovernmental mandates’’ and small governments. The lands being by-case section 7 consultations to ‘‘Federal private sector mandates.’’ proposed for critical habitat are mostly occur). These terms are defined in 2 U.S.C. private lands with some other local Where State and local governments 658(5)–(7). ‘‘Federal intergovernmental government lands. Given the require approval or authorization from a mandate’’ includes a regulation that distribution of this species, small Federal agency for actions that may ‘‘would impose an enforceable duty governments will not be uniquely affect critical habitat, consultation upon State, local, or Tribal affected by this proposed rule. Small under section 7(a)(2) would be required. governments’’ with two exceptions. It governments will not be affected at all While non-Federal entities that receive excludes ‘‘a condition of Federal unless they propose an action requiring Federal funding, assistance, or permits, assistance.’’ It also excludes ‘‘a duty Federal funds, permits, or other or that otherwise require approval or

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authorization from a Federal agency for 1998, to write all rules in plain Distribution, or Use) on regulations that an action, may be indirectly impacted language. This means that each rule we significantly affect energy supply, by the designation of critical habitat, the publish must: distribution, and use. E.O. 13211 legally binding duty to avoid (a) Be logically organized; requires agencies to prepare Statements destruction or adverse modification of (b) Use the active voice to address of Energy Effects when undertaking critical habitat rests squarely on the readers directly; certain actions. Based on the previous Federal agency. (c) Use clear language rather than proposal and final designation of critical jargon; habitat in this area, we do not expect it Civil Justice Reform (d) Be divided into short sections and to significantly affect energy supplies, In accordance with E.O. 12988 (Civil sentences; and distribution, or use. Therefore, this Justice Reform), the Office of the (e) Use lists and tables wherever action is not a significant energy action, Solicitor has determined that the rule possible. and no Statement of Energy Effects is does not unduly burden the judicial If you feel that we have not met these required. However, we will further system and that it meets the requirements, send us comments by one evaluate this issue as we conduct our ADDRESSES requirements of sections 3(a) and 3(b)(2) of the methods listed in the economic analysis, and review and of the Order. We have proposed section. To better help us revise the revise this assessment as warranted. designating critical habitat in rule, your comments should be as accordance with the provisions of the specific as possible. For example, you References Cited should tell us the numbers of the Endangered Species Act. This proposed A complete list of all references cited sections or paragraphs that are unclearly rule uses standard property descriptions in this rulemaking is available on the written, which sections or sentences are and identifies the primary constituent Internet at http://www.regulations.gov too long, the sections where you feel elements within the designated areas to and upon request from the Field lists or tables would be useful, etc. assist the public in understanding the Supervisor, Sacramento Fish and habitat needs of the California tiger Government-to-Government Wildlife Office (see FOR FURTHER salamander. Relationship With Tribes INFORMATION CONTACT). Paperwork Reduction Act of 1995 In accordance with the President’s Authors This rule does not contain any new memorandum of April 29, 1994, The primary authors of this package collections of information that require ‘‘Government-to-Government Relations are the staff members of the Sacramento approval by OMB under the Paperwork with Native American Tribal Fish and Wildlife Office (see FOR Reduction Act of 1995 (44 U.S.C. 3501 Governments’’ (59 FR 22951), Executive FURTHER INFORMATION CONTACT). et seq.). This rule will not impose Order 13175, and the Department of recordkeeping or reporting requirements Interior’s Manual at 512 DM 2, we List of Subjects in 50 CFR Part 17 on State or local governments, readily acknowledge our responsibility Endangered and threatened species, individuals, businesses, or to communicate meaningfully with Exports, Imports, Reporting and organizations. An agency may not recognized Federal Tribes on a recordkeeping requirements, conduct or sponsor, and a person is not government-to-government basis. In Transportation. required to respond to, a collection of accordance with Secretarial Order 3206 information unless it displays a of June 5, 1997 ‘‘American Indian Tribal Proposed Regulation Promulgation currently valid OMB control number. Rights, Federal-Tribal Trust Responsibilities, and the Endangered Accordingly, we propose to amend National Environmental Policy Act Species Act’’, we readily acknowledge part 17, subchapter B of chapter I, title (NEPA) our responsibilities to work directly 50 of the Code of Federal Regulations, It is our position that, outside the with Tribes in developing programs for as set forth below: jurisdiction of the U.S. Court of Appeals healthy ecosystems, to acknowledge that PART 17—ENDANGERED AND for the Tenth Circuit, we do not need to Tribal lands are not subject to the same THREATENED WILDLIFE AND PLANTS prepare environmental analyses as controls as Federal public lands, to defined by NEPA (42 U.S.C. 4321 et remain sensitive to Indian culture, and 1. The authority citation for part 17 seq.) in connection with designating to make information available to Tribes. continues to read as follows: critical habitat under the Act. We We have determined that there are no published a notice outlining our reasons Tribal lands essential for the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. conservation of the California tiger 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– for this determination in the Federal 625, 100 Stat. 3500; unless otherwise noted. Register on October 25, 1983 (48 FR salamander. Therefore, designation of 49244). This position was upheld by the critical habitat for the Sonoma 2. In § 17.11(h), revise the entry for U.S. Court of Appeals for the Ninth population of the California tiger ‘‘Salamander, California tiger’’ under Circuit (Douglas County v. Babbitt, 48 salamander has not been designated on ‘‘AMPHIBIANS’’ in the List of F.3d 1495 (9th Cir. 1995), cert. denied Tribal lands. Endangered and Threatened Wildlife to 516 U.S. 1042 (1996)). read as follows: Energy Supply, Distribution, or Use Clarity of the Rule On May 18, 2001, the President issued § 17.11 Endangered and threatened We are required by Executive Orders an Executive Order (E.O. 13211; Actions wildlife. 12866 and 12988 and by the Concerning Regulations That * * * * * Presidential Memorandum of June 1, Significantly Affect Energy Supply, (h) * * *

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Species Vertebrate population Historic range where endangered or Status When Critical Special rules Common name Scientific name threatened listed habitat

******* AMPHIBIANS

******* Salamander, Cali- Ambystoma U.S.A. (CA) .... U.S.A. (CA–Santa E ...... 667E, 702 17.95(d) ...... NA. fornia tiger. californiense. Barbara County). Do ...... do ...... do ...... U.S.A. (CA–Sonoma E ...... 729E, 734 ...... do ...... do County). Do ...... do ...... do ...... T ...... do ...... 17.43(c).

******* U.S.A. (CA–Central) 744

3. Amend § 17.95(d) by revising tiger salamander are the habitat aqueducts, runways, roads, and other critical habitat for the California tiger components that provide: paved areas) and the land on which they salamander (Ambystoma californiense) (i) Standing bodies of fresh water are located existing within the legal in Sonoma County to read as follows: (including natural and manmade (e.g., boundaries on the effective date of this stock)) ponds, vernal pools, and other rule. § 17.95 Critical habitat—fish and wildlife. ephemeral or permanent water bodies * * * * * that typically support inundation during (55) Critical Habitat Unit: Santa Rosa (d) Amphibians. winter and early spring and hold water Plain Unit, Sonoma County, CA. Data for a minimum of 12 weeks in a year of layers defining the map unit were * * * * * ′ average rainfall. created on a base of USGS 7.5 California Tiger Salamander (ii) Upland habitats adjacent and quadrangles, and the critical habitat unit (Ambystoma californiense) accessible to and from breeding ponds was then mapped using Universal * * * * * that contain small mammal burrows, or Transverse Mercator (UTM) coordinates. other underground refugia that (56) Santa Rosa Plain Unit, Sonoma California Tiger Salamander in Sonoma California tiger salamanders depend County County, CA. From USGS 1:24,000 upon for food, shelter, and protection quadrangle map Healdsburg, (52) The critical habitat unit for from the elements and predation. Sebastopol, Santa Rosa, Two Rock, Sonoma County, CA, is depicted on the (iii) Accessible upland dispersal Cotati, Petaluma, and Mark West map below. habitat between occupied locations that (53) The primary constituent elements allow for movement between such sites. Springs, CA. Note: Map of Santa Rosa of critical habitat for the Sonoma (54) Critical habitat does not include Plain Unit follows: County population of the California manmade structures (such as buildings, BILLING CODE 4310–55–P

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* * * * * Dated: August 3, 2009. Jane Lyder, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–18885 Filed 8–17–09; 8:45 am] BILLING CODE 4310–55–C

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