42250 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules

DEPARTMENT OF THE INTERIOR Carlsbad Fish and Wildlife Office, 2730 However, Lafferty et al. (in prep.) point Loker Avenue West, Carlsbad, California out that Crabtree’s sites were widely Fish and Wildlife Service 92008. Comments and materials distributed geographically, and may not received will be available for public be indicative of gene flow on more local 50 CFR Part 17 inspection, by appointment, during levels. Lafferty’s work is discussed in RIN 1018±AF73 normal business hours at the above more detail below. address. David Jacobs (University of California, Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Glen Los Angeles, Department of Organismic and Plants; Proposed Designation of Knowles at the above address; telephone Biology, Ecology and Evolution, in litt., Critical Habitat for the Tidewater Goby 760/431–9440, facsimile 760/431–5902. 1998) recently began an analysis of mitochondrial genetic material from AGENCY: SUPPLEMENTARY INFORMATION: Fish and Wildlife Service, tidewater goby populations ranging Interior. Background from Humboldt to San Diego Counties. ACTION: Proposed rule. The tidewater goby (Eucyclogobius Preliminary results indicate that the San SUMMARY: We, the U. S. Fish and newberryi) is a small, elongate, grey- Diego gobies have long been separated Wildlife Service, propose designation of brown fish not exceeding 50 millimeters from other gobies along the coast. These southernmost populations likely began critical habitat pursuant to the (mm) (2 inches (in.)) standard length diverging from the remainder of the Endangered Species Act of 1973, as and is characterized by large, dusky amended (Act), for the tidewater goby gobies in excess of 100,000 years ago. pectoral fins and a ventral sucker-like The tidewater goby is endemic to (Eucyclogobius newberryi). The species disk formed by the complete fusion of is now classified as endangered California, and is unique in that it is the pelvic fins. The tidewater goby is a restricted to coastal brackish water throughout its entire range. We recently short-lived species, apparently having determined, however, that north of habitats. Historically, the species ranged an annual life cycle (Irwin and Soltz from Tillas Slough (mouth of the Smith Orange County, California, more 1984, Swift et al. 1997). The tidewater populations exist than were known at River, Del Norte County) near the goby is the only member of the Oregon border to Agua Hedionda the time of the listing, that the threats monotypic genus Eucyclogobius, and is to those populations are less severe than Lagoon (northern San Diego County). in the family Gobiidae. It was first Within the range of the tidewater goby, previously believed, and that the described in 1857 by Girard as Gobius tidewater goby has a greater ability than shallow, brackish water conditions newberryi. Based on Girard’s specimens, occur in two relatively distinct was known in 1994 to recolonize Gill (1862) erected the genus habitats from which it is temporarily situations: (1) The upper edge of tidal Eucyclogobius for this distinctive bays, such as Tomales, Bolinas, and San absent. Based on this new information, species. The majority of scientists have we recently proposed removal of the Francisco Bays near the entrance of accepted this classification (e.g., Bailey freshwater tributaries, and (2) the northern populations of tidewater goby et al. 1970, Miller and Lea 1972, Hubbs from protection under the Act. We also coastal lagoons formed at the mouths of et al. 1979, Robins et al. 1991, small to large coastal rivers, streams, or determined that the Orange and San Eschmeyer et al. 1983). A few older seasonally wet canyons, along most of Diego, California, Counties population works including Ginsburg (1945) placed the length of California. Few well of tidewater gobies constitutes a distinct the tidewater goby and the eight related authenticated records of this species are population segment (DPS) that is eastern Pacific species into the genus known from marine environments genetically distinct and that continues Lepidogobius. This classification outside of enclosed coastal lagoons and to be threatened by habitat loss and includes the currently recognized estuaries (Swift et al. 1989). degradation, predation by non-native genera Lepidogobius, Clevelandia, The tidewater goby is often found in species, and extreme weather and Ilypnus, Quietula, and Eucyclogobius. waters of relatively low salinities streamflow conditions. Therefore, we Birdsong et al. (1988) coined the (around 10 parts per thousand (ppt)) in proposed that this DPS be retained as an informal Chasmichthys species group, the uppermost brackish zone of larger endangered species on the List of recognizing the phyletic relationship of estuaries and coastal lagoons. The fish Endangered and Threatened Wildlife. the eastern Pacific group with species in can tolerate a wide range of salinities, This proposed critical habitat the northwestern Pacific. however, (Swift et al. 1989, 1997; designation for the tidewater goby Crabtree’s (1985) allozyme work on Worcester 1992, Worcester and Lea encompasses areas within that proposed tidewater gobies from 12 localities 1996), and is frequently found DPS. Section 4 of the Act requires us to throughout the range shows fixed allelic throughout lagoons. Tidewater gobies consider economic and other impacts of differences at the extreme northern regularly range upstream into fresh specifying any particular area as critical (Lake Earl, Humboldt Bay) and southern water, and downstream into water of up habitat. We solicit data and comments (Can˜ ada de Agua Caliente, Winchester to 28 ppt salinity (Worcester 1992, from the public on all aspects of this Canyon, and San Onofre Lagoon) ends Swenson 1995). Specimens have also proposal, including data on the of the range. The northern and southern been collected at salinities as high as 42 economic and other impacts of the populations are genetically distinct from ppt (Swift et al. 1989). The species’ designation. We may revise this each other and from the central tolerance of high salinities (up to 60 ppt proposal to incorporate or address new populations sampled. The more for varying time periods) likely enables information received during the centrally distributed populations are it to withstand exposure to the marine comment period. relatively similar to each other (Brush environment, allowing it to colonize or DATES: We will accept comments from Creek, Estero Americano, Corcoran re-establish in lagoons and estuaries all interested parties until October 4, Lagoon, Arroyo de Corral, Morro Bay, following flood events (Swift et al. 1989; 1999. Public hearing requests must be Santa Ynez River, and Jalama Creek). Worcester and Lea 1996; Lafferty et al. received by September 17, 1999. Crabtree’s results indicated that there is in prep.). ADDRESSES: Send written comments and a low level of gene flow (movement of Tidewater gobies are usually collected other materials concerning this proposal individuals) among the northern, in water less than 1 meter (m) (3 feet (ft)) to Mr. Ken Berg, Field Supervisor, central, and southern parts of the range. deep; many localities have no area

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.104 pfrm07 PsN: 03AUP5 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules 42251 deeper than this (Wang 1982, Irvin and relatively unconsolidated, clean, coarse habitat segregation by size has been Soltz 1984; Swenson 1995). However, it sand averaging 0.5 mm (0.02 in.) in noted (Swift et al. 1989, Swenson 1995), has been found in waters over 1 m in diameter, in April or May (Swift et al. Worcester (1992) did find that larval depth (Worcester 1992, Lafferty and 1989; Swenson 1994, 1995). Swenson gobies in Pico Creek Lagoon tended to Altstatt 1995; Swift et al. 1997; Smith (1995) demonstrated that tidewater use the deeper portion of the lagoon. 1998). In lagoons and estuaries with gobies prefer this substrate in the Individuals collected in marshes appear deeper water, the failure to collect laboratory, but also found tidewater to be larger (43–45 mm (1.7–1.8 in.) gobies may be due to the inadequacy of gobies digging breeding burrows in mud standard length) than those collected in the sampling methods, rather than the in the wild (Swenson 1994). Inter- open areas of lagoons (32–35 mm (1.3– lack of gobies (Worcester 1992, Lafferty burrow distances range from about 5 to 1.4 in.) standard length) (Swenson 1997, Smith 1998). 275 centimeters (cm) (2 to 110 in) 1995). Tidewater gobies often migrate (Swenson 1995). Females lay about 100 Studies of the tidewater goby’s upstream into tributaries up to 2.0 to000 eggs per clutch, averaging 400 feeding habits suggest that it is a kilometers (km) (1.2 miles) (mi) from the eggs/clutch, with clutch size depending generalist. At all sizes examined, estuary. However, in San Antonio Creek on the size of both the female and the tidewater gobies feed on small and the Santa Ynez River in Santa male. Females can lay more than one invertebrates, usually mysids, Barbara County, tidewater gobies are clutch of eggs over their lifespan, with amphipods, ostracods, snails, and often collected 5–8 km (3–5 mi) captive females spawning 6–12 times aquatic insect larvae, particularly upstream of the tidal or lagoonal areas, (Swenson 1995). Spawning frequency in dipterans (Irwin and Soltz 1984; Swift et sometimes in beaver-impounded wild females probably varies due to al. 1989; Swenson 1994, 1995). The food sections of streams (Swift et al. 1989). fluctuations in food supply and other items of the smallest tidewater gobies The fish move upstream in summer and environmental conditions. Male gobies (4–8 mm (0.2–0.3 in.)) have not been fall, as sub-adults and adults. There is remain in the burrow to guard the eggs examined, but they probably feed on little evidence of reproduction in these that are attached to sand grains in the unicellular phytoplankton or upper areas (Swift et al. 1997). walls of the burrow. Males also spawn zooplankton similar to many other early Populations originally inhabiting tidal more than once per season (Swenson stage larval fishes (Swenson and areas, such as those found in San 1995), and have been observed guarding McCray 1996). Francisco Bay, rarely were studied multiple clutches in the same burrow Tidewater gobies are preyed upon by before they disappeared, and none (Swift et al. 1989, Swenson 1995). Males native species such as prickly sculpin remain to adequately study the use of frequently go at least for a few weeks (Cottus asper), staghorn sculpin truly tidal conditions by this species. without feeding, and this probably (Leptocottus armatus), starry flounder Several of the lagoonal habitats have contributes to mid-summer mortality (Platichthys californicus) (Swift et al. been converted by human activities into (Swift et al. 1989; Swenson 1994, 1995). 1997), and possibly steelhead tidal harbors and bays, such as Reproduction peaks during spring to (Oncorhynchus mykiss) (Swift et al. Humboldt Bay, Elkhorn Slough, Morro mid-summer, late April or May to July, 1989). However, tidewater gobies were Bay and Santa Margarita River, among and can continue into November or found in stomachs of only 6 percent of others (Swift et al. 1989, 1993). December depending on the seasonal nearly 120 of the latter three species Populations recently present in these temperature and rainfall. Reproduction examined, and comprised less than 20 artificially created tidal situations have sometimes increases slightly in the fall percent by volume of the prey. disappeared in the last 5 to 10 years. (Swift et al. 1989). Reproduction takes Predation by the native Sacramento The only tidal system in which place from 15–20 degrees Celsius (°C) perch (Archoplites interruptus) and tule tidewater gobies remain is Humboldt (60–65 degrees Fahrenheit (°F)) and at perch (Hysterocarpus traski) may have Bay (Swift et al. 1989). salinities of 0–25 ppt (Swift et al. 1989; prevented tidewater gobies from The life history of tidewater gobies is Swenson 1994, 1995). Typically, winter inhabiting the San Francisco Bay delta keyed to the annual cycles of the coastal rains and cold weather interrupt (Swift et al. 1989), although direct lagoons and estuaries (Swift et al. 1989, spawning, but in some warm years documentation to support this 1994; Swenson 1994, 1995). Water in reproduction may occur throughout the hypothesis is lacking. estuaries, lagoons and bays is at its year (Goldberg 1977, Wang 1984). Non-native African clawed frogs lowest salinity during the winter and Goldberg (1977) showed by histological (Xenopus laevis) also prey upon spring as a result of precipitation and analysis that females have the potential tidewater gobies (Lafferty and Page runoff. During this time, high runoff to lay eggs all year in southern 1997), although this is probably not a causes the sandbars at the mouths of the California, but this rarely has been significant source of mortality due to the lagoons to breach, allowing mixing of documented. Length-frequency data limited distribution of this species in the relatively fresh estuarine and lagoon from southern and central California tidewater goby habitats. The frogs are waters with seawater. This annual (Swift et al. 1989; Swenson 1994, 1995) killed by the higher salinities that occur building and breaching of the sandbars and age data analysis from otoliths from when the lagoons are breached (Glenn is part of the normal dynamics of the central California populations (Swift et Greenwald, U.S. Fish and Wildlife systems in which the tidewater goby has al. 1997) indicate that tidewater gobies Service, pers. obs.). Several non-native evolved (Zedler 1982, Lafferty and are an annual species and typically live fish species also prey on tidewater Alstatt 1995, Heasly et al. 1997). The one year or less. gobies. The shimofuri goby (Tridentiger time of sandbar closure varies greatly Tidewater goby eggs hatch in 7–10 bifasciatus), which has become among systems and years, and typically days at temperatures of 15–18 °C (60–65 established in the San Francisco Bay occurs from spring to late summer. °F) at lengths of 4–7 mm (0.2 in.). The region (Matern and Fleming 1995), may Summer salinity in the lagoon depends newly hatched larvae are planktonic compete with the smaller tidewater upon the amount of freshwater inflow at (float in water column) for one to a few goby, based on dietary overlap the time of sandbar formation (Zedler days and once they reach 8–18 mm (Swenson 1995) and foraging and 1982, Heasly et al. 1997). (0.3–0.8 in.) in length, become substrate reproductive behavioral alterations in Males begin digging breeding burrows oriented. All larger size classes are captivity. Shimofuri gobies eat juvenile 75 to 100 mm (3–4 in.) deep, usually in substrate oriented and, although little tidewater gobies in captivity, but

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.105 pfrm07 PsN: 03AUP5 42252 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules usually were unable to catch subadult and recolonization rates for 37 Previous Federal Action and adult tidewater gobies (Swenson populations in southern California, We first classified the tidewater goby and Matern 1995). Evidence of based on over 250 presence-absence as a Category 2 candidate species in predation or competition in the wild is records, found a high rate of 1982 (47 FR 58454). It was reclassified lacking (Swenson 1998). Some authors recolonization. The results suggest that as a Category 1 candidate in 1991 (56 FR hypothesize that competition occurs there is more gene flow among 58804) based on status and threat between tidewater gobies and yellowfin populations within geographic clusters information in Swift et al. (1989). At (Acanthogobius flavimanus) and (e.g., northern California, San Francisco that time, Category 2 candidates were chameleon (Tridentiger Bay, Santa Cruz, San Luis Obispo and those taxa for which information in our trigonocephalus) gobies. Although Wang south) than previously believed. They possession indicated that proposing to (1984) found that yellowfin gobies do also found a positive association list as endangered or threatened was prey on tidewater gobies, no data were between tidewater goby presence and possibly appropriate, but for which presented indicating the extent of such wet years, suggesting that flooding may conclusive data on biological interactions, nor has there been any contribute to recolonization of sites vulnerability and threats were not further documentation of such from which gobies have temporarily currently available to support a listing competitive or predatory interactions disappeared. proposal. Category 1 candidate species, with either species. Shapovalov and Lagoons in which tidewater gobies are now referred to as candidate species, Taft (1954) documented the non-native were those taxa for which we had on found range in size from less than 0.10 striped bass (Morone saxatilis) preying file, substantial information on hectare (ha) (0.25 acres (ac)) of surface on tidewater gobies in Waddell Creek biological vulnerability and threats to area to about 800 ha (2000 ac). Most Lagoon, but stated that striped bass were support a proposal to list as threatened found only infrequently in the areas lagoons with tidewater goby or endangered. On October 24, 1990, we inhabited by the goby. Sunfishes and populations are in the range of 0.5–5.0 received a petition from Dr. Camm black bass (centrarchids) have been ha (1.25–12.5 ac). Surveys of tidewater Swift, Associate Curator of Fishes at the introduced in or near coastal lagoons goby localities and historical records Los Angeles Museum of Natural History, and may prey heavily on tidewater indicate that size, configuration, to list the tidewater goby as endangered. gobies under some conditions. location, and access by humans are all Our finding that the requested action Predation by young-of-the-year related to persistence of populations may be warranted was published on largemouth bass (Micropterus (Swift et al. 1989, 1994). Watered March 22, 1991 (56 FR 12146). A salmoides) on tidewater gobies was surface areas smaller than about 2 ha (5 proposal to list the tidewater goby as an documented in one system (Santa Ynez ac) generally have histories of endangered species was published on River), where tidewater gobies extinction, extirpation, or population December 11, 1992 (57 FR 58770). On accounted for 61 percent of the prey reduction to very low levels, although March 7, 1994, the tidewater goby was volume of 55 percent (10 of 18) of the some as small as 0.35 ha (0.86 ac) have listed as a federally endangered species juvenile bass sampled (Swift et al. been identified as having permanent (59 FR 5494). At that time, we did not 1997). Although tidewater gobies tidewater goby populations (Swift et al. designate critical habitat, explaining disappeared soon after centrarchids 1997, Lafferty 1997, Heasly et al. 1997). that: were introduced at several localities, As evidenced by the Can˜ ada Honda In the case of the tidewater goby, critical direct evidence that the introductions colonization (Swift et al. 1997), led to the extirpations is lacking (Swift habitat is not presently determinable. A final relatively long distances are not designation of critical habitat requires et al. 1989, 1994; Rathbun et al. 1991). obstacles to colonization or re- detailed information on the possible In at least one location, tidewater gobies establishment. Many of the small economic effects of such a designation. The have re-established naturally. lagoons with histories of intermittent Service does not currently have sufficient Lafferty et al. (in prep.) monitored populations are within 1–2 km (0.6–1.2 information needed to perform the economic analysis (59 FR 5495). persistence of 17 tidewater goby mi) of larger lagoons that can act as populations in Santa Barbara and Los sources of colonizing gobies. On September 18, 1998, the Natural Angeles Counties during and after the Resources Defense Council, Inc., filed a The largest localities have not proven heavy winter flows of 1995. All 17 lawsuit in Federal District Court in populations persisted after the high to be the best for the species, as California against the United States flows and no significant changes in evidenced by the loss of tidewater Department of the Interior et al. for population sizes were detected. In gobies from San Francisco and Morro failure to designate critical habitat for addition, gobies apparently colonized Bays and the Santa Margarita River the tidewater goby. On April 5, 1999, Can˜ ada Honda, approximately 10 km (6 estuary. Today, the most stable and Judge Carlos R. Moreno ordered that the mi) from the closest known population, largest populations are in lagoons and ‘‘Service publish a proposed critical during or after the flooding (Swift et al. estuaries of intermediate sizes, 2–50 ha habitat designation for the tidewater 1997). Lafferty et al. (in prep.) proposed (5–125 ac) that have remained relatively goby in 120 days’’ (Natural Resources that flood events such as those that unaffected by human activities, Defense Council, Inc. v. United States occurred in 1995 act as mechanisms of although some systems that are heavily Department of the Interior et al. CV 98– dispersal by washing gobies out into the affected or altered also have relatively 7596). ocean’s littoral zone where they are large, stable populations (e.g., Humboldt The processing of this proposed carried by longshore currents to other Bay, Humboldt County, Santa Clara critical habitat designation does not estuaries down the coast. As Swenson River, Ventura County, Santa Ynez conform with our current Listing (in prep.) points out, Lafferty’s work River, Santa Barbara County, Pismo Priority Guidance (LPG) for FY 1998/ suggests that populations at the Creek, and San Luis Obispo County). In 1999. That guidance gives the highest northern ends of population clusters are many cases, these probably have priority (Tier 1) to processing more likely than southern populations provided the colonists for the smaller emergency rules to add species to the to serve as source populations. Lafferty ephemeral sites (Swift et al.1997; Lists of Endangered and Threatened et al. (in prep.) estimated the extirpation Lafferty et al. in prep.). Wildlife and Plants; second priority

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(Tier 2) to processing final sites, minimizing project impacted area, collection, or intentional acts of determinations on proposals to add and requiring qualified biologists to vandalism, and we have no evidence species to the lists, processing new oversee all activities. that these threats would be precipitated listing proposals, processing by designating critical habitat. Thus, the Critical Habitat administrative findings on petitions (to apparent benefits to designating critical add species to the lists, delist species, Critical habitat is defined in section 3 habitat are not counterbalanced by any or reclassify listed species), and of the Act as—(i) the specific areas risks, and we find that designating processing a limited number of within the geographic area occupied by critical habitat for the tidewater goby is proposed and final rules to delist or a species, at the time it is listed in prudent. reclassify species; and third priority accordance with the Act, on which are Proposed Designation—Occupied (Tier 3) to processing proposed and final found those physical or biological Habitat rules designating critical habitat. Our features (I) essential to the conservation Pacific Region is currently working on of the species and (II) that may require In accordance with section 3(5)(A)(i) Tier 1 and 2 actions; however, we are special management considerations or of the Act, for habitat occupied by the undertaking this Tier 3 action in order protection and; (ii) specific areas species, critical habitat is defined as to comply with the above-mentioned outside the geographic area occupied by specific areas that contain those court order. a species at the time it is listed, upon physical or biological features that are On June 24, 1999, we proposed, based a determination that such areas are essential to the conservation of the on our re-evaluation of the species essential for the conservation of the species and that may require special status throughout its range, to delist the species. ‘‘Conservation’’ means the use management considerations or northern populations of the tidewater of all methods and procedures that are protection. The habitat features (primary goby, and to retain the tidewater goby necessary to bring an endangered constituent elements) that provide for populations in Orange and San Diego species or a threatened species to the the physiological, behavioral, and Counties as endangered (64 FR 33816). point at which listing under the Act is ecological requirements essential for the We determined that north of Orange no longer necessary. conservation of the species are County, more populations exist than Because the best available information described at 50 CFR 424.12, and were known at the time of the listing, led us to conclude that the northern include, but are not limited to, the that threats to those populations are less tidewater goby populations are no following: severe than previously believed, and longer endangered and were thus Space for individual and population that the tidewater goby has a greater proposed for delisting, we also have growth, and for normal behavior; ability to recolonize habitats from which concluded that the designation of Food, water, or other nutritional or it is temporarily absent than was known critical habitat for those Northern physiological requirements; in 1994. We determined that the Orange populations is not appropriate. We then Cover or shelter; and San Diego Counties populations of evaluated benefits to the tidewater goby Sites for breeding, reproduction, or tidewater gobies are genetically distinct, that could result from critical habitat rearing of offspring; and and represent a DPS. We further designation in the southern portion of Habitats that are protected from determined that this DPS, comprised of its range, Orange and San Diego disturbance or are representative of the gobies from only six localities, Counties. Tidewater gobies and their historic geographical and ecological continues to be threatened by habitat habitats in Orange and San Diego distributions of a species. loss and degradation, predation by Counties are described in detail in the The primary constituent habitat nonnative species, and extreme weather March 7, 1994, final rule listing the elements for the tidewater goby were and streamflow conditions. Therefore, species as endangered (59 FR 5494). All determined from studies on their habitat we proposed that populations north of of the areas currently thought to be requirements and population biology Orange County be removed from the List inhabited by the southern DPS of the (Lafferty et al. in prep.; Manion 1993; of Endangered and Threatened Animals, tidewater goby are owned and Swensen 1994, 1995, 1998; Swift 1989) and that the southern DPS of tidewater controlled by the Federal government. and include habitat components that are gobies be retained as an endangered The other areas we evaluated for essential to the biological needs of species on the list. possible designation are either owned foraging, nest construction, spawning, Other Federal involvement with the and controlled by the Federal sheltering, and dispersal. The primary tidewater goby following the initial government or are non-Federal lands constituent elements for the tidewater listing has included section 7 with a Federal nexus (by virtue of goby are coastal lagoons and estuary consultations, permitting of breaching regulation under section 404 of the systems supported by a natural and other activities in lagoons through Clean Water Act). hydrological regime and an the Clean Water Act, section 404 The possible benefits of critical environment free from exotic predatory process by the U.S. Army Corps of habitat designation include initiating fishes. These elements are discussed in Engineers (ACOE), and contributed the section 7 consultation requirement detail below. funding to conduct research and in areas currently unoccupied by the Coastal lagoons and estuaries with surveys. Measures to reduce impacts to goby. Another possible benefit to the natural hydrology generally provide tidewater goby habitat and reduce or tidewater goby stemming from the several specific habitat elements that eliminate the potential for take of designation of critical habitat is gobies require. For instance, aquatic individuals have included adjusting the ensuring that important habitat and systems supported by a natural timing of projects to avoid disruption to habitat features essential to the hydrological regime are often breeding activities, the use of silt tidewater goby are identified for the characterized by a combination of fencing to reduce sediment loads and as purposes of Federal agency planning slightly different habitat types: barricades around project sites, and identifying precise areas where freshwater creek, brackish lagoon, and installing cofferdams above and below section 7 consultation will be required coastal salt marsh. This habitat project sites, removal and translocation for unoccupied sites. heterogeneity generally ensures that of animals found within the exclosures To our knowledge, the tidewater goby some streamflow continues and deep prior to necessary dewatering of project is not currently threatened by take, pockets of permanent water remain as

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.107 pfrm07 PsN: 03AUP5 42254 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules refugia during times of drought; proposed southern DPS of the tidewater new information become available prior provides for a variety of substrate types, goby is in danger of becoming extinct to the final rule, and existing critical of which sand and coarse silt are because of habitat conversion over the habitat may be revised if new necessary for construction of burrows; last few decades (i.e., altered information becomes available after the and provides for structural complexity hydrology), which has resulted in final rule. of the stream channel, which supports habitat loss and local extinctions. The The following general areas are various types of aquatic and emergent six remaining occupied habitat areas, proposed as critical habitat (see legal vegetation. This structural complexity discussed above, represent a remnant of descriptions for exact habitat and presence of vegetation may ensure the former range that once extended boundaries): that all gobies are not washed out to sea from Aliso Creek, Orange County in the 1. Aliso Creek (Orange County) and its during flood events (Swensen 1995). north to Agua Hedionda Lagoon, San associated lagoon and marsh from the Lastly, lagoons and estuaries with a Diego County in the south. Even the Pacific Ocean to approximately 1.0 km natural hydrological regime and remaining populations are threatened by (0.6 mi) upstream; corresponding habitat complexity human-caused habitat alteration, 2. San Mateo Creek, its associated generally provide for the diversity of predation by non-native species, and lagoon and marsh, from the Pacific prey species (e.g., aquatic invertebrates occasional extreme streamflow Ocean to approximately 1.3 km (0.9 mi) including aquatic insect larvae, conditions (see analysis in 64 FR upstream; ostracods, crustaceans, and snails) that 33816). Because of these threats, the 3. San Onofre Creek, its associated gobies require. recent proposal to delist the tidewater lagoon and marsh, from the Pacific The second constituent element of goby over much of its range retained the Ocean to approximately 0.6 km (0.4 mi) tidewater goby habitat is a system that endangered status of the southern DPS. upstream; is free from exotic species. Exotic fishes The long-term survival of tidewater 4. approximately 1.0 km (0.6 mi) of can devastate tidewater goby gobies in Orange and San Diego Las Flores Creek, and its associated populations through competition and Counties depends upon the presence of lagoon and marsh, from the Pacific predation. Largemouth bass, black bass, enough habitat areas to support the Ocean to Interstate 5; sunfishes, stripped bass, shimofuri natural pattern of local extinctions and 5. approximately 0.8 km (0.5 mi) of gobies, and yellowfin gobies have all recolonizations (Swift 1989, Lafferty et Hidden Creek, and its associated lagoon been suspected of preying on tidewater al. in prep.) that characterize its and marsh, from the Pacific Ocean to gobies. African clawed frogs are another population biology. The removal of Interstate 5; exotic species that have been found to threats and the colonization of gobies to 6. approximately 0.7 km (0.4 mi) of prey on tidewater gobies. Keeping exotic additional areas that are currently Aliso Creek and its associated lagoon species out of occupied goby habitats, unoccupied will be necessary. and marsh, from the Pacific Ocean to and eliminating them from potential To determine which unoccupied areas Interstate 5; reestablishment sites will be crucial to are essential and should be designated 7. approximately 0.7 km (0.4 mi) of the conservation of the goby. as critical habitat, we evaluated which French Creek, and its associated lagoon The primary constituent elements are unoccupied areas could provide the and marsh, from the Pacific Ocean to found in all of the six areas occupied by primary constituent elements and Interstate 5; the tidewater goby. These areas are San support tidewater gobies in the future, 8. approximately 1.0 km (0.6 mi) of Onofre Creek, Las Flores Creek, Hidden and, by virtue of their geographical Cockleburr Creek and its associated Creek, Aliso Creek, French Creek, and distribution, provide for a network of lagoon and marsh, from the Pacific Cockleburr Creek, all of which are on habitat areas supporting gobies and Ocean to Interstate 5; the Marine Corps base, Camp Pendleton. acting as sources of recolonization for 9. the Santa Margarita River, from the In each of the areas, however, all of other nearby habitat areas. The essential Pacific Ocean to a point approximately these habitat elements are, to varying unoccupied areas that are restorable, or 5.0 km (3.1 mi) upstream; degrees, degraded or imperiled by a contain restorable areas, and are most 10. Buena Vista Lagoon, its associated combination of human-caused and likely to promote recolonization of marsh and creek, from the Pacific Ocean natural factors (see analysis in the June adjacent habitat areas, are Aliso Creek, to a point approximately 3.4 km (2.1 mi) 24, 1999 proposed rule to delist the Orange County, and four estuaries in upstream; and northern population; 64 FR 33816), and San Diego County: San Mateo Creek, the 11. Agua Hedionda Lagoon, its therefore require special management Santa Margarita River, Buena Vista associated marsh and creek, from the considerations or protection. The six Lagoon, and Agua Hedionda Lagoon. Pacific Ocean to a point approximately areas currently occupied by the These areas are proposed as critical 3.7 km 92.3 mi) upstream. proposed southern DPS of the tidewater habitat for the tidewater goby. Each area includes the current 50-year goby are proposed for designation as flood plain. Proposed Critical Habitat Designation critical habitat. Although the majority of land being At this time, the proposed critical proposed for designation is under Proposed Designation—Unoccupied habitat areas discussed below constitute Federal administration and Habitat our best evaluation of areas needed for management, some estuary and riparian In accordance with section 3(5)(A)(i) the conservation of the tidewater goby. systems are on State, county, city, and of the Act, areas outside the We used the best scientific information private lands. The Aliso Creek segment, geographical area occupied by the available, and took into consideration Orange County, is owned by the County species may meet the definition of the proposal to delist the northern of Orange, the City of South Laguna, and critical habitat upon determination that populations of the species. We private interests. Buena Vista Lagoon is they are essential for the conservation of emphasized areas that are essential to owned by the California Department of the species. We identified the the conservation of this species because Fish and Game, the City of Carlsbad, unoccupied lagoons and estuaries where they provide for the demographic and the City of Oceanside. Agua gobies occurred in the past and interchange necessary to maintain the Hedionda Lagoon is owned by the San evaluated those that might be essential viability of the southern DPS. Proposed Diego Gas and Electric Company, which to the conservation of the species. The critical habitat may be revised should leases to the City of Carlsbad, and

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.109 pfrm07 PsN: 03AUP5 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules 42255 public and private interests. The critical habitat is subsequently unsuitable to support gobies, or any segments on San Mateo Creek, San designated. Consequently, some Federal activity that significantly affects the Onofre Creek, Las Flores Creek, Hidden agencies may request conferencing with natural hydrologic function of the Creek, Aliso Creek, French Creek, us on actions for which formal lagoon system; Cockleburr Creek, and the Santa consultation has been completed. (2) Activities such as coastal Margarita River are owned by the Conference reports provide conservation development, sand and gravel mining, Marine Corps base, Camp Pendleton. recommendations to assist the agency in channelization, dredging, Many activities carried out on private, eliminating conflicts that may be caused impoundment, or construction of flood Tribal, State, and Federal lands have by the proposed action. The control structures, that alter watershed Federal involvement, and would be conservation recommendations in a characteristics or appreciably alter subject to section 7. However, on private conference report are advisory. stream channel and or lagoon lands where no Federal involvement We may issue a formal conference morphology; and exists, a critical habitat designation has report if requested by a Federal agency. (3) Activities which could lead to the no regulatory impact. Formal conference reports on proposed introduction of exotic species, critical habitat contain a biological especially exotic fishes, into occupied Available Conservation Measures opinion that is prepared according to 50 or potential goby habitat. Conservation measures provided to CFR 402.14, as if critical habitat were If you have questions regarding species listed as endangered or designated. We may adopt the formal whether specific activities will threatened under the Act include conference report as the biological constitute adverse modification of recognition, recovery actions, opinion when the critical habitat is critical habitat, contact the Field requirements for Federal protection, and designated, if no significant new Supervisor, Carlsbad Ecological Services prohibitions against certain practices. information or changes in the action Field Office (see ADDRESSES section). Recognition through listing encourages alter the content of the opinion (see 50 Requests for copies of the regulations on and results in conservation actions by CFR 402.10(d)). We may also prepare a listed wildlife and inquiries about Federal, State, and private agencies, formal conference report to address the prohibitions and permits may be groups, and individuals. The Act effects on proposed critical habitat from addressed to the U.S. Fish and Wildlife provides for possible land acquisition issuance of an incidental take permit, Service, Branch of Endangered Species, and cooperation with the States and under section 10(a)(1)(B) of the Act. 911 N.E. 11th Ave, Portland, OR 97232 requires that recovery actions be carried Activities on Federal lands that may (telephone 503–231–2063, facsimile out for all listed species. The protection affect the tidewater goby or its critical 503–231–6243). required of Federal agencies and the habitat will continue to require section Designation of critical habitat could prohibitions against certain activities 7 consultation. Activities on private or affect Federal agency activities. Federal involving listed species are discussed, State lands requiring a permit from a agencies already consult with us on in part, below. Federal agency, such as a permit from activities in areas currently occupied by Section 7(a) of the Act requires the ACOE under section 404 of the the species to ensure that their actions Federal agencies to evaluate their Clean Water Act, will also continue to do not jeopardize the continued actions with respect to any species that be subject to the section 7 consultation existence of the species. These actions is proposed or listed as endangered or process. Federal actions not affecting include, but are not limited to: threatened and with respect to its the species, as well as actions on non- (1) Regulation of activities affecting critical habitat, if any is designated or Federal lands that are not federally waters of the ACOE under section 404 proposed. Regulations implementing funded or permitted do not require of the Clean Water Act; this interagency cooperation provision section 7 consultation. (2) Regulation of water flows, of the Act are codified at 50 CFR part Section 4(b)(8) of the Act requires us damming, diversion, and channelization 402. Section 7(a)(4) requires Federal to describe in any proposed or final by Federal agencies; agencies to confer with us on any action regulation that designates critical (3) Road construction, right of way that is likely to jeopardize the continued habitat those activities involving a designation, or regulation of agricultural existence of a proposed species or result Federal action that may adversely activities by Federal agencies; and in destruction or adverse modification modify such habitat or that may be (4) Some military maneuvers on the of proposed critical habitat. If a species affected by such designation. Activities Marine Corps base, Camp Pendleton. is listed or critical habitat is designated, that may destroy or adversely modify section 7(a)(2) requires Federal agencies critical habitat include those that alter Economic Analysis to ensure that activities they authorize, the primary constituent elements to an Section 4(b)(2) of the Act requires us fund, or carry out are not likely to extent that the value of critical habitat to designate critical habitat on the basis jeopardize the continued existence of for both the survival and recovery of the of the best scientific and commercial such a species or to destroy or adversely tidewater goby is appreciably reduced. information available and to consider modify its critical habitat. If a Federal We note that such activities may also the economic and other relevant action may affect a listed species or its jeopardize the continued existence of impacts of designating a particular area critical habitat, the responsible Federal the species. Activities that, when as critical habitat. We may exclude areas agency must enter into consultation carried out, funded, or authorized by a from critical habitat upon a with us. Federal agency, may destroy or determination that the benefits of such Section 7(a)(4) of the Act and adversely modify critical habitat exclusions outweigh the benefits of regulations at 50 CFR 402.10 require include, but are not limited to: specifying such areas as critical habitat. Federal agencies to confer with us on (1) Activities such as water diversion We cannot exclude such areas from any action that is likely to result in or impoundment, groundwater critical habitat when such exclusion destruction or adverse modification of pumping, artificial lagoon breaching to will result in the extinction of the proposed critical habitat. Regulations at protect urban or agricultural areas from species. We will conduct an analysis of 50 CFR 402.16 require Federal agencies inundation, or any other activity that the economic impacts of designating to reinitiate consultation on previously alters water quality or quantity to an these areas as critical habitat prior to a reviewed actions in instances where extent that water quality becomes final determination. When completed,

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.110 pfrm07 PsN: 03AUP5 42256 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules we will announce the availability of the rulemaking. Accordingly, the final impacts of the proposed critical habitat draft economic analysis with a notice in decision may differ from this proposal. designation in compliance with: the Federal Register, and we will open 1. Regulatory Flexibility Act (5 U.S.C. Public Hearings a 30-day comment period at that time. 601 et seq.) The Act provides for one or more 2. Small Business Regulatory Public Comments Solicited public hearings on this proposal, if Enforcement Fairness Act (5 U.S.C. It is our intent that any final action requested. Requests for public hearings 804(2)) resulting from this proposal will be as must be made at least 15 days prior to 3. Unfunded Mandates Reform Act (2 accurate and as effective as possible. the close of the public comment period. U.S.C. 1501 et seq.) Therefore, we solicit comments or We will schedule public hearings on 4. Taking Personal Property Rights suggestions from the public, other this proposal if any are requested, and (Executive Order 12630) concerned governmental agencies, the announce the dates, times, and places of 5. Federalism (Executive Order 12612) scientific community, industry, or any those hearings in the Federal Register Civil Justice Reform other interested party concerning this and local newspapers at least 15 days proposed rule. We particularly seek prior to the first hearing. In accordance with Executive Order comments concerning: 12988, the Service has determined that Clarity of the Rule (1) The reasons why any habitat this proposed rule is consistent with should or should not be determined to Executive Order 12866 requires each sections 3(a) and 3(b)(2) of the Order. be critical habitat as provided by section agency to write regulations/notices that The proposed rule and final rule will be 4 of the Act, including whether the are easy to understand. We invite your reviewed by the Department of the benefits of designation will outweigh comments on how to make this notice Interior Solicitor’s Office. We will make any threats to the species due to easier to understand including answers every effort to ensure that the final designation; to questions such as the following: (1) determination contains no drafting (2) Specific information on the Are the requirements in the notice errors, provides clear standards, amount and distribution of tidewater clearly stated? (2) Does the notice simplifies procedures, reduces burden, goby habitat, and what habitat is contain technical language or jargon that and is clearly written such that essential to the conservation of the interferes with the clarity? (3) Does the litigation risk is minimized. species and why; format of the notice (grouping and order Paperwork Reduction Act of 1995 (44 (3) Land use practices and current or of sections, use of headings, U.S.C. 3501 et seq.) paragraphing, etc.) aid or reduce its planned activities in the subject areas This rule does not contain any and their possible impacts on proposed clarity? (4) Is the description of the notice in the SUPPLEMENTARY information collection requirements for critical habitat; which the Office of Management and (4) Any foreseeable economic or other INFORMATION section of the preamble helpful in understanding the notice? Budget approval under the Paperwork impacts resulting from the proposed Reduction Act is required. designation of critical habitat, in What else could we do to make the particular, any impacts on small entities notice easier to understand? National Environmental Policy Act or families; and, Required Determinations We have determined that an (5) Economic and other values Environmental Assessment and/or an Regulatory Planning and Review associated with designating critical Environmental Impact Statement as habitat for the tidewater goby, such as In accordance with Executive Order defined by the National Environmental those derived from non-consumptive 12866, this action has been submitted Policy Act of 1969 need not be prepared uses (e.g., hiking, camping, bird- for review by the Office of Management in connection with regulations adopted watching, enhanced watershed and Budget. A 60-day comment period pursuant to section 4(a) of the ESA. A protection, improved air quality, is opened with the publication of this notice outlining the Service’s reasons increased soil retention, ‘‘existence rule. Following issuance of this for this determination was published in values,’’ and reductions in proposed rule, we will prepare an the Federal Register on October 25, administrative costs). economic analysis to determine the 1983 (48 FR 49244). This rule does not In accordance with our policy economic consequences of designating constitute a major federal action published on July 1, 1994 (59 FR the proposed areas as critical habitat. If significantly affecting the quality of the 34270), we will seek the expert opinions our economic analysis reveals that the human environment. of at least three appropriate and economic impacts of designating any independent specialists regarding this area as critical habitat outweigh the Government-to-Government proposed rule. The purpose of such benefits of designation, we will exclude Relationship With Tribes review is to ensure listing decisions are those areas from consideration, unless In accordance with the President’s based on scientifically sound data, such exclusion will result in the memorandum of April 29, 1994, assumptions, and analyses. We will extinction of the species. In the ‘‘Government-to-Government Relations send these peer reviewers copies of this economic analysis, we will address any with Native American Tribal proposed rule immediately following possible inconsistencies with other Governments’’ (59 FR 22951) and 512 publication in the Federal Register. We agencies’ actions and any effects on DM 2: We understand that recognized will invite these peer reviewers to entitlements, grants, user fees, loan Federal Tribes must be related to on a comment, during the public comment programs, or the rights and obligations Government-to-Government basis. The period, on the specific assumptions and of their recipients. This proposed rule 1997 Secretarial Order on Native conclusions regarding the proposed does not raise novel legal or policy Americans and the Endangered Species designation of critical habitat. issues. Act clearly states that Tribal lands We will consider all comments and should not be designated unless information received during the 60-day Other Rulemaking Determinations absolutely necessary for the comment period on this proposed rule In the economic analysis, we will conservation of the species. According during preparation of a final determine the economic and other to the Secretarial Order, ‘‘Critical habitat

VerDate 18-JUN-99 23:03 Aug 01, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\A03AU2.111 pfrm07 PsN: 03AUP5 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules 42257 shall not be designated in an area that request from the Carlsbad Fish and PART 17Ð[AMENDED] may impact Tribal trust resources unless Wildlife Office (see ADDRESSES section). it is determined essential to conserve a Author. The primary author of this 1. The authority citation for part 17 listed species. In designating critical notice is Glen Knowles (see ADDRESSES continues to read as follows: habitat, the Services shall evaluate and section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. document the extent to which the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– conservation needs of a listed species List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500; unless otherwise noted. can be achieved by limiting the designation to other lands.’’ The Endangered and threatened species, 2. In § 17.11(h), revise the entry for proposed designation of critical habitat Exports, Imports, Reporting and ‘‘goby, tidewater’’ under ‘‘FISHES’’ to for the tidewater goby does not contain recordkeeping requirements, read as follows: any Tribal lands or lands that we have Transportation. identified as impacting Tribal trust § 17.11 Endangered and threatened Proposed Regulation Promulgation resources. wildlife. References Cited For the reasons given in the preamble, * * * * * we propose to amend 50 CFR part 17 as A complete list of all references cited (h) * * * set forth below: in this proposed rule is available upon

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

FISHES

******* Goby, tidewater ...... Eucyclogobius U.S.A. (CA) ...... do ...... E 527 17.95(e) NA newberryi.

*******

3. In § 17.95 add critical habitat for map Laguna Beach, California, and San including the stream, its 50 year flood the tidewater goby (Eucyclogobius Juan Capistrano, California. San plain, and associated lagoons and newberrii) under paragraph (e) in the Bernardino Principal Meridian, marsh. same alphabetical order as this species California, T. 7 S., R 8 W., beginning at Map Unit 4: San Diego County, occurs in § 17.11(h), to read as follows: a point on Aliso Creek in SW sec. 32 California. From USGS 7.5′ quadrangle and at approximately 33°30′46′′ N map Las Pulgas Canyon, California. San § 17.95 Critical habitatÐfish and wildlife. latitude and 117°44′37′′ W longitude Bernardino Principal Meridian, * * * * * and proceeding downstream (westerly) California, T. 10 S., R. 6 W., beginning (e) Fishes. to the Pacific Ocean covering at a point on Las Flores Creek in the * * * * * approximately 1.0 km (0.6 mi.), middle of sec. 13 and at approximately Tidewater goby (Eucyclogobius including the stream, its 50 year flood 33°17′32′′ N latitude and 117°27′20′′ W newberrii) plain, associated lagoons and marsh. longitude and proceeding downstream 1. Critical habitat units are depicted Map Unit 2: San Diego County, (westerly) to the Pacific Ocean covering for Orange and San Diego Counties, California. From USGS 7.5′ quadrangle approximately 0.8 km (0.5 mi.), California, on the maps below. map San Clemente, California. San including the stream, its 50 year flood 2. Critical habitat includes the Bernardino Principal Meridian, plain, and associated lagoons and sections of streams indicated on the California, T. 9 S., R. 7 W., beginning at marsh. maps below and their 50 year flood a point on San Mateo Creek in NW sec. Map Unit 5: San Diego County, plain, including associated lagoons and 14 and at approximately 33°23′46′′ N California. From USGS 7.5′ quadrangle marsh. latitude and 117°35′20′′ W longitude map Las Pulgas Canyon, California. San 3. Within these areas, the primary and proceeding downstream (southerly) Bernardino Principal Meridian, constituent elements include, but are to the Pacific Ocean covering California, T. 10 S., R. 5 W., beginning not limited to, those habitat components approximately 1.3 km (0.9 mi.), at a point on Hidden Creek in W sec. 30 that are essential for the primary including the stream, its 50 year flood and at approximately 33°16′46′′ N biological needs of foraging, sheltering, plain, and associated lagoons and latitude and 117°26′48′′ W longitude and reproduction. These elements marsh. and proceeding downstream include the following: (1) Coastal Map Unit 3: San Diego County, (southwesterly) to the Pacific Ocean lagoons and estuary systems supported California. From USGS 7.5′ quadrangle covering approximately 0.8 km (0.5 mi.), by a natural hydrological regime, which map San Clemente, California. San including the stream, its 50 year flood results in sufficient streamflow, deep Bernardino Principal Meridian, plain, and associated lagoons and pockets of permanent water, sand and California, T. 9 S., R. 7 W., beginning at marsh. coarse silt substrate, a variety of aquatic a point on San Onofre Creek in SE sec. Map Unit 6: San Diego County, and emergent vegetation, and a diversity 14 and at approximately 33°23′05′′ N California. From USGS 7.5′ quadrangle of prey species; and (2) an environment latitude and 117°34′30′′ W longitude map Las Pulgas Canyon, California. San free from exotic fishes. and proceeding downstream Bernardino Principal Meridian, Map Unit 1: Orange County, (southwesterly) to the Pacific Ocean California, T. 10 S., R. 5 W., beginning California. From USGS 7.5′ quadrangle covering approximately 0.6 km (0.4 mi.), at a point on Aliso Creek in NE sec. 31

VerDate 18-JUN-99 18:19 Aug 02, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\03AUP5.XXX pfrm01 PsN: 03AUP5 42258 Federal Register / Vol. 64, No. 148 / Tuesday, August 3, 1999 / Proposed Rules and at approximately 33°16′13′′ N California, T. 11 S., R. 5 W., beginning Bernardino Principal Meridian, latitude and 117°26′19′′ W longitude at a point on Cockleburr Creek in NE California, T. 11 S., R. 4 W., beginning and proceeding downstream sec. 5 and at approximately 33°15′16′′ N at a point on Buena Vista Creek at the (southwesterly) to the Pacific Ocean latitude and 117°25′21′′ W longitude border of sec. 31 and 32 and at covering approximately 0.7 km (0.4 mi.), and proceeding downstream (westerly) approximately 33°10′48′′ N latitude and including the stream, its 50 year flood to the Pacific Ocean covering 117°19′49′′ W longitude and proceeding plain, and associated lagoons and approximately 1.0 km (0.6 mi.), downstream (southwesterly) to the marsh. including the stream, its 50 year flood Pacific Ocean covering approximately Map Unit 7: San Diego County, plain, and associated lagoons and 3.4 km (2.1 mi.), including Buena Vista California. From USGS 7.5′ quadrangle marsh. Creek, its 50 year flood plain, Buena map Las Pulgas Canyon, California. San Map Unit 9: San Diego County, Vista Lagoon, and associated marsh. Bernardino Principal Meridian, California. From USGS 7.5′ quadrangle Map Unit 11: San Diego County, California, T. 10 S., R. 5 W., beginning map Oceanside, California. San California. From USGS 7.5′ quadrangle at a point on French Creek in E sec. 31 Bernardino Principal Meridian, map San Luis Rey, California. San and at approximately 33°16′01′′ N California, T. 11 S., R. 5 W., beginning Bernardino Principal Meridian, latitude and 117°26′01′′ W longitude at a point on the Santa Margarita River California, T. 12 S., R. 4 W., beginning and proceeding downstream (westerly) in NW sec. 2 and at approximately at a point on Augua Hedionda Creek in to the Pacific Ocean covering 33°15′08′′ N latitude and 117°22′38′′ W the middle of Section 9 and at approximately 0.7 km (0.4 mi.), longitude and proceeding downstream approximately 33°08′44′′ N latitude and including the stream, its 50 year flood (westerly) to the Pacific Ocean covering 117°18′19′′ W longitude and proceeding plain, and associated lagoons and approximately 5.0 km (3.1 mi.), downstream (southwesterly) to the marsh. including the river’s 50 year flood plain, Pacific Ocean covering approximately Map Unit 8: San Diego County, associated lagoons and marsh. 3.7 km (2.3 mi.), including the creek, its California. From USGS 7.5′ quadrangle Map Unit 10: San Diego County, 50 year flood plain, Agua Hedionda map Las Pulgas Canyon, California. San California. From USGS 7.5′ quadrangle Lagoon, and associated marsh. Bernardino Principal Meridian, map San Luis Rey, California. San BILLING CODE 4310±55±P

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Dated: July 29, 1999. Stephen C. Saunders, Acting Assistant Secretary for Fish Wildlife and Parks. [FR Doc. 99–20034 Filed 7–30–99; 2:55 pm] BILLING CODE 4310±55±C

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