2009 Federal Register, 74 FR 64929; Centralized Library: U.S. Fish And

Tuesday, December 8, 2009

Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Brodiaea Filifolia (Thread-Leaved Brodiaea); Proposed Rule

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DEPARTMENT OF THE INTERIOR Federal Information Relay Service excluding areas that exhibit these (FIRS) at (800) 877–8339. impacts. Fish and Wildlife Service SUPPLEMENTARY INFORMATION: (7) Whether lands in any specific subunits being proposed as critical 50 CFR Part 17 Public Comments habitat should be considered for [FWS–R8–ES–2009–0073] We intend that any final action exclusion under section 4(b)(2) of the [92210–1117–0000–B4] resulting from this proposed rule will be Act by the Secretary, and whether the based on the best scientific and benefits of potentially excluding any RIN 1018–AW54 commercial data available and be as particular area outweigh the benefits of accurate and as effective as possible. including that area as critical habitat. Endangered and Threatened Wildlife Therefore, we request comments or and Plants; Proposed Revised Critical (8) The Secretary’s consideration to information from the public, other Habitat for Brodiaea filifolia (thread- exercise his discretion under section concerned government agencies, the leaved brodiaea) 4(b)(2) of the Act to exclude lands scientific community, industry, or other proposed in Subunits 11a, 11b, 11c, AGENCY: Fish and Wildlife Service, interested party concerning this 11d, 11e, 11f, 11g, and 11h that are Interior. proposed rule. We particularly seek within the area addressed by the ACTION: Proposed rule. comments concerning: Western Riverside County Multiple (1) The reasons why we should or Species Habitat Conservation Plan SUMMARY: We, the U.S. Fish and should not revise the designation of (Western Riverside County MSHCP), Wildlife Service (Service), propose to habitat as ‘‘critical habitat’’ under and whether such exclusion is revise designated critical habitat for section 4 of the Endangered Species Act appropriate and why. Brodiaea filifolia (thread-leaved of 1973, as amended (Act; 16 U.S.C. (9) The Secretary’s consideration to brodiaea) under the Endangered Species 1531 et seq.), including whether there exercise his discretion under section Act of 1973, as amended (Act). are threats to the species from human 4(b)(2) of the Act to exclude lands Approximately 3,786 acres (ac) (1,532 activity, the degree of which can be proposed in Subunits 4b, 4c, and 4g that hectares (ha)) of habitat fall within the expected to increase due to the are within the area addressed by the boundaries of the proposed revised designation, and whether that increase Orange County Southern Subregion critical habitat designation, which is in threat outweighs the benefit of Habitat Conservation Plan (Orange located in Los Angeles, San Bernardino, designation such that the designation of County Southern Subregion HCP), and Riverside, Orange, and San Diego critical habitat is not prudent. whether such exclusion is appropriate Counties in southern California. (2) Specific information on: • and why. DATES: We will accept comments Areas that provide habitat for (10) The Secretary’s consideration to received or postmarked from all Brodiaea filifolia that we did not discuss exercise his discretion under section interested parties on or before February in this proposed revised critical habitat 4(b)(2) of the Act to exclude lands 8, 2010. We must receive requests for rule, proposed in Subunits 7a, 7b, 7c, and 7d • Areas within the geographical area public hearings, in writing, at the that are within the area addressed by the occupied by the species at the time of address shown in the FOR FURTHER City of Carlsbad’s Habitat Management listing containing the features essential INFORMATION CONTACT section by January Plan (Carlsbad HMP) under the to the conservation of B. filifolia that we 22, 2010. Northwestern San Diego County should include in the designation and ADDRESSES: Multiple Habitat Conservation Plan You may submit comments why, (MHCP), and whether such exclusion is by one of the following methods: • Areas outside the geographical area • appropriate and why. Federal eRulemaking Portal: http:// occupied by the species at the time of www.regulations.gov. Follow the listing that are essential for the (11) The Secretary’s consideration to instructions for submitting comments to conservation of the species and why, exercise his discretion under section Docket No. FWS-R8-ES-2009-0073. 4(b)(2) of the Act to exclude lands • and U.S. mail or hand-delivery: Public • Any areas identified in this proposed in Unit 12 that are within the Comments Processing, Attn: FWS–R8– proposed revised critical habitat rule area addressed by the County of San ES–2009–0073; Division of Policy and that should not be proposed as critical Diego Subarea Plan and the City of San Directives Management; U.S. Fish and habitat and why. Diego Subarea Plan under the San Diego Wildlife Service; 4401 N. Fairfax Drive, (3) Land-use designations and current Multiple Species Conservation Plan Suite 222; Arlington, VA 22203. or planned activities in the areas (MSCP), and whether such exclusion is We will not accept e-mail or faxes. We proposed as critical habitat, and their appropriate and why. will post all comments on http:// possible impacts on proposed critical (12) Special management www.regulations.gov. This generally habitat. considerations or protection that the means that we will post any personal (4) Comments or information that may physical and biological features information you provide us (see the assist us in identifying or clarifying the essential to the conservation of the Public Comments section below for primary constituent elements (PCEs). species may require. more information). (5) How the proposed revised critical (13) Information on any quantifiable FOR FURTHER INFORMATION CONTACT: For habitat boundaries could be refined to economic costs or benefits of the general information on the proposed more closely circumscribe the areas proposed revised designation of critical designation, contact Jim Bartel, Field meeting the definition of critical habitat. habitat. Supervisor, U.S. Fish and Wildlife (6) Any probable economic, national (14) Information on the currently Service, Carlsbad Fish and Wildlife security, or other relevant impacts of predicted effects of climate change on Office, 6010 Hidden Valley Road, Suite designating any area that may be Brodiaea filifolia and its habitat. 101, Carlsbad, CA 92011; telephone included in the final designation. We (15) Whether we could improve or (760) 431–9440; facsimile (760) 431– are particularly interested in any modify our approach to designating 5901. If you use a telecommunications impacts on small entities or families, critical habitat in any way to provide for device for the deaf (TDD), call the and the benefits of including or greater public participation and

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understanding, or to better rule published in the Federal Register In the summer months, the seed accommodate concerns and comments. on October 13, 1998 (63 FR 54975), and capsules of Brodiaea filifolia mature. Our final determination concerning the designation of critical habitat for B. The seeds are released and fall to the critical habitat for Brodiaea filifolia will filifolia published in the Federal ground, either on the surface or into take into consideration all written Register on December 13, 2005 (70 FR cracks in the soil. During fall and winter comments and any additional 73820). Additionally, more information rains, the clay matrix hydrates, softens, information we receive during the on this species can be found in the five- and expands, which causes the cracks to comment period. These comments are year review for B. filifolia signed on close; following this soil hydration included in the public record for this August 13, 2009, which is available on period, seedlings emerge with leaves rulemaking and we will fully consider our Web site at: http//:www.fws.gov/ and a specialized root. Seedlings of B. them in the preparation of our final Carlsbad. filifolia are equipped with a specialized, determination. On the basis of public Species Description succulent contractile root that is lost by comments, we may, during the mature corms and facilitates the development of our final determination, Brodiaea filifolia is a perennial herb seasonal downward movement of the find that areas within the proposed with dark-brown, fibrous-coated corms young plant (Niehaus 1971, p. 4). The designation do not meet the definition (underground, bulb-like storage stem). contractile root swells with moisture in of critical habitat, that some Corms function similarly to bulbs such the wet season, creating space below the modifications to the described that they store water and nutrients developing cormlet. As the soil dries, boundaries are appropriate, or that areas during the dormant season (Smith 1997, the contractile root dries and shrinks may or may not be appropriate for p. 28). The flower stalks (scapes) are 8 longitudinally, drawing the young exclusion under section 4(b)(2) of the to 16 inches (in) (20 to 40 centimeters cormlet downward in the soil. This Act. (cm)) tall. The leaves are basal, narrow, process continues to a point at which You may submit your comments and and shorter than the stalk, and the the soil moisture is adequate to keep the materials concerning this proposed rule flowers are arranged in a loose umbel contractile root from shrinking, by one of the methods listed in the (all flowers are attached to the stalk at resulting in the location of the corm in ADDRESSES section. We will not the same place and then radiate the appropriate soil horizon for survival. consider comments sent by e-mail or fax outward). Violet flowers start as tubes Cormlets produced annually from or to an address not listed in the and then break into six spreading existing older corms also produce ADDRESSES section. perianth (collective term for sepals and contractile roots that draw them If you submit a comment via http:// petals) segments that are 0.4 to 0.5 in (9 laterally away from the parent corm www.regulations.gov, your entire to 12 millimeters (mm)) long. The broad (Niehaus 1971, p. 4). comment—including your personal and notched anthers are 0.1 to 0.2 in (3 identifying information—will be posted to 5 mm) long, and the fruit is a capsule Brodiaea filifolia reproduces on the Web site. If you submit a (Munz 1974, pp. 877–878; Keator 1993, vegetatively by producing ‘‘cormlets’’ hardcopy comment that includes pp. 1180, 1182; 63 FR 54975, p. 54976). that break off from the mature corms, personal identifying information, you Brodiaea filifolia can be distinguished and sexually by producing seeds may request at the top of your document from other species of Brodiaea that (Niehaus 1971, p. 4). All species of that we withhold this information from occur within its range (B. orcuttii Brodiaea examined to date are self- public review. However, we cannot (Orcutt’s brodiaea), B. jolonensis (Mesa incompatible, meaning they are guarantee that we will be able to do so. brodiaea), B. santarosae (Santa Rosa incapable of producing seeds with Comments and materials we receive, basalt brodiaea), and B. terrestris ssp. pollen from flowers on the same plant as well as supporting documentation we kernensis (dwarf brodiaea)) by its or from flowers of plants with the same used in preparing this proposed rule, narrow, pointed staminodia allele (or different form of a gene) at the will be available for public inspection (characteristic sterile stamens), short self-incompatibility gene locus/loci on http://www.regulations.gov, or by filament (flower part attaching the (Niehaus 1971, p. 27). Therefore, cross- appointment, during normal business fertile anthers to the perianth), pollination from plants of the same hours, at the U.S. Fish and Wildlife spreading perianth segments (saucer- species but with different alleles at this Service, Carlsbad Fish and Wildlife shaped flower), and a thin perianth locus is necessary for successful Office (see FOR FURTHER INFORMATION tube, which is subsequently split by reproduction to occur (Niehaus 1971, p. CONTACT). developing fruit (Niehaus 1971, p. 37; 27). Upon maturity, three segments of Munz 1974, pp. 877–878; Chester et al. the vertically oriented capsules split Background 2007, pp. 191–196). apart, revealing many small (0.08 to 0.10 It is our intent to discuss only those in long; 2 to 2.5 mm long) black seeds topics directly relevant to the proposed Species Biology and Life History (Munz 1974, p. 878). The seeds are then revision of critical habitat for Brodiaea The annual growth cycle of Brodiaea dispersed as wind rattles the capsules filifolia. This proposed rule incorporates filifolia begins in fall when the first (Smith 1997, p. 29). Dispersal of seeds new information on family placement rains break the summer dormancy of the from an individual is likely localized, (biological taxonomic classification) and underground corm (Niehaus 1971, p. 4; leading to patches of plants with the the distribution of B. filifolia that we did Keator 1993, p. 1180). The leaves reach same self-incompatible alleles. This not discuss in the 2005 final critical their full length during February and means that effective pollination for seed habitat designation for this plant. No March (Niehaus 1971, p. 5). A solitary set requires the maintenance of new information pertaining to the flower stalk grows from the corm in pollinator habitat and dispersal species’ life history, ecology, or habitat March or April and the flower period corridors. The vegetative reproduction was received following the 2005 final extends from late April to early June of small cormlets by the corm allows critical habitat designation. A summary (CNPS 2001, p. 99; Niehaus 1971, pp. 7- individual plants to reproduce of topics that are relevant to this 9). In some years, only a few flowers vegetatively; however, sexual proposed revised critical habitat is bloom within an occurrence; during reproduction by seeds is necessary to provided below. For more information other years, several thousand flowers continue the process of sexual selection on B. filifolia, refer to the final listing can be found in the larger occurrences. and evolution. Active pollinators in and

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around occurrences of Brodiaea filifolia and south through eastern Orange and habitat types making it unlikely that assure that the flowers will be western Riverside Counties to Rancho new occurrences are frequently pollinated and that viable seeds will be Santa Fe in central coastal San Diego established. Most of the new produced. Therefore, supporting and County, California (California Natural occurrences found since listing have maintaining pollinators and pollinator Diversity Database (CNDDB) 2007). population sizes of more than 1,000 habitat is essential for the long-term At the time of listing in 1998, 46 plants, indicating that they were not conservation of B. filifolia (Niehaus historical occurrences of Brodiaea recently established since it would take 1971, p. 27). filifolia were reported (63 FR 54975, p. several years for an occurrence from a 54977). Nine of these occurrences, most limited number of dispersing seeds to Habitat from San Diego County, were reach a population of this size. As described in the listing rule considered extirpated, leaving 37 Therefore, we believe that all known (October 13, 1998; 63 FR 54975, pp. occurrences presumed extant at the time occurrences of B. filifolia are within the 54976–54977), Brodiaea filifolia of listing. Eight documented extant geographical area occupied at the time typically occurs on gentle hillsides, occurrences were not accounted for in this species was listed under the Act. valleys, and floodplains within mesic the final listing rule because we lacked Furthermore, additional translocated (moderately moist), southern specific data on these occurrences. In occurrences (occurrences moved from needlegrass grassland and alkali our 2009 5–year review of B. filifolia, we one location to another) are also within grassland plant communities that are reassessed the occurrence data on this the geographical area occupied by the associated with clay, loamy sand, or species. Due to the discovery of new species at the time of listing. alkaline silty-clay soils (California occurrences, regrouping of occurrences, Department of Fish and Game (CDFG) and the extirpation of 3 occurrences Abundance 1981, p. 3; Bramlet 1993, pp. 6–7). Sites after listing, we concluded in the 5–year The size of each Brodiaea filifolia occupied by this species are frequently review that there are now 68 extant (or population is often measured by intermixed with (or near) coastal sage presumed extant) occurrences of B. counting numbers of standing flower scrub, chaparral, or vernal pool habitat filifolia. Most importantly to our stalks. Because many B. filifolia corms (63 FR 54975, p. 54976). reassessment of this species were 23 do not produce flowering stalks each We refined the description of suitable additional occurrences detected within year, this method of counting may result habitat in the 2005 final rule designating the known range of the species in a number of vegetative plants and critical habitat for Brodiaea filifolia (70 following the 1998 listing. The corms going undetected in surveys FR 73820; December 13, 2005) in identification of these new occurrences (Taylor and Burkhart 1992, pp. 1-7; response to comments we received from was a result of surveys conducted in Morey 1995, p. 2; Vinje 2008, pers. peer reviewers. We stated that this locations that had not been surveyed comm.). For this reason, any number of species is usually found in herbaceous prior to 1998. These 23 occurrences are individuals observed at a site should be plant communities such as valley located in the following areas: (1) Four considered an estimate of the minimum needlegrass grassland, valley sacaton occurrences are in Orange County at number of plants present. We consider grassland, nonnative grassland, alkali Trampas Canyon, Middle Gabino, East these estimates useful in comparing the playa, southern interior basalt vernal Talega, and Prima Deshecha landfill; (2) relative abundance of B. filifolia at pools, San Diego mesa hardpan vernal ten occurrences are in San Diego County various sites across the species’ range pools, and San Diego mesa claypan on Marine Corps Base Camp Pendleton because these numbers provide an vernal pools (Holland 1986, pp. 34–37, (MCB Camp Pendleton); (3) seven approximate measure of the size of the 41, 44). Brodiaea filifolia also grows in occurrences are in San Diego County occurrence. open areas in shrub-dominated coastal (outside of MCB Camp Pendleton) in the Some researchers have conducted sage scrub ecosystems (70 FR 73820, p. City of Oceanside (Arbor Creek, Vista studies to provide data on the ratio of 73837). The herbaceous communities Pacific, Buena Vista Creek Preserve), flowering stalks to the actual number of that B. filifolia is a part of occur in open City of Carlsbad (Calavera Village H, individual Brodiaea filifolia plants that areas on clay soils, soils with a clay Carlsbad Oaks), City of San Marcos may be present at a site. A field study subsurface, or clay lenses within loamy, (Oleander site), and at Artesian Trails at the Santa Rosa Plateau Ecological silty loam, loamy sand, silty deposits near 4S Ranch; and (4) two occurrences Reserve revealed an 8:1 ratio of non- with cobbles or alkaline soils, ranging in are in Riverside County along the San flowering corms to flowering plants elevation from 100 feet (ft) (30 Jacinto River at the intersection of San (12.5 percent flowered) (Morey 1995, p. meters(m)) to 2,500 ft (765 m), Jacinto Avenue and Dawson Road, and 2). At a residential development site in depending on soil series. These soils on the Santa Rosa Plateau at Corona the City of Carlsbad, only 20 plants facilitate the natural process of seed Cala Camino. (0.25 percent) flowered, where 8,000 dispersal and germination, cormlet For the purpose of this proposed corms were later located (Taylor and disposition or movement to an revised critical habitat, we consider the Burkhart 1992, pp. 1-7). In 2007—a dry appropriate soil depth, and corm areas where Brodiaea filifolia has been year—Vinje (2008, pers. comm.) persistence through seedling and adult found since listing to be within the reported that 14,373 vegetative B. phases of flowering and fruit set (70 FR geographical area occupied by the filifolia plants were counted within 73820, p. 73837). species at the time of listing (1998). As three research plots at the Rancho La with many species, greater efforts to Costa occurrence in Carlsbad, but none Spatial Distribution and Historical conduct surveys may result in a greater of the plants flowered (Vinje 2008, pers. Range number of known occurrences being comm.). Even in a wet year, only 2 to The historical range of Brodiaea identified (Ferren et al. 1995). The 23 26 percent of the plants within the plots filifolia extends from the foothills of the new occurrences are all in relative at Rancho La Costa flowered (Vinje San Gabriel Mountains in the City of proximity and in similar habitats to 2008, pers. comm.). In this proposed Glendora (Los Angeles County), east to occurrences that were known at the time revised critical habitat, we are using the Arrowhead Hot Springs in the western of listing. Additionally, B. filifolia is number of flowering stalks at each site foothills of the San Bernardino thought to have limited dispersal (i.e., the maximum recorded number) as Mountains (San Bernardino County), capabilities and is limited to specific a relative measure of the occurrence’s

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size rather than an absolute measure of Allium and other genera in the shall submit a proposed revised critical the occurrence size. In that context, the Liliaceae, and subsequently named the habitat designation for B. filifolia to the existing plant count data is useful in new family Themidaceae (Salisbury Federal Register by December 1, 2009, comparing the relative size of different 1866, pp. 84–87). Recent molecular and and submit a final revised critical occurrences to one another. anatomical studies support recognition habitat designation to the Federal To date, no systematic surveys of all of Salisbury’s Themidaceae family. Register by December 1, 2010. known occurrences of Brodiaea filifolia First, Fay and Chase (1996, pp. 441– Critical Habitat have been conducted. There is little 451) present evidence that several consistent range-wide information about genera, including Triteleia, Brodiaea, Critical habitat is defined in section 3 abundance or population trends in B. Bloomeria, and Dichelostemma, form a of the Act as: filifolia. Current estimates suggest that distinct group for which the earliest (1) The specific areas within the the majority of B. filifolia occurrences name available for this group at the geographical area occupied by a species, contain 2,000 or fewer individuals family rank is Themidaceae. Second, at the time it is listed in accordance (Service 2009, pp. 8–13). The areas genera in the Themidaceae share a with the Act, on which are found those containing the largest occurrences common ancestor (the included physical or biological features (3,000 or more) are at the following members are termed monophyletic) that (a) essential to the conservation of the locations: San Dimas in Los Angeles is supported by phylogenetic analyses of species and County; Santa Rosa Plateau Ecological morphological data and plastid DNA (b) which may require special Reserve, San Jacinto Wildlife Area, Case sequences (Pires et al. 2001, pp. 601– management considerations or Road, and Railroad Canyon in Riverside 626; Pires and Sytsma 2002, pp. 1342– protection; and County; Aliso and Wood Canyon 1359). Genetic and morphological (2) Specific areas outside the Wilderness Park, and Cristianitos analysis of members of the geographical area occupied by a species Canyon in Orange County; and Upham, Themidaceae, as described by Salisbury at the time it is listed, upon a Oleander/San Marcos Elementary, and other related groups, support the determination that such areas are Rancho Carrillo, Letterbox Canyon, placement of the genus Brodiaea into essential for the conservation of the Rancho La Costa, and Taylor/Darwin in the Themidaceae (Pires et al. 2001, pp. species. Conservation, as defined under San Diego County. 610–626). Brodiaea is retained in the family section 3 of the Act, means the use of Taxonomy and Family Placement – Liliaceae in the recent Flora of North all methods and procedures that are Movement of Brodiaea From Liliaceae America (Pires 2002, p. 321); however, necessary to bring any endangered or (Lily Family) to Themidaceae (Cluster the author of the family description threatened species to the point at which Lily Family) (Utech 2002, p. 52) includes a table that the measures provided under the Act The name and description of Brodiaea lists Brodiaea as a member of the are no longer necessary. Such methods filifolia have not changed since listing Themidaceae and states that the and procedures include, but are not under the Act. However, as described available evidence strongly supports limited to, all activities associated with below, the family in which the plant is dismemberment of the Liliaceae. The scientific resources management, such placed has changed from Liliaceae (lily family Themidaceae, including as research, census, law enforcement, family) to Themidaceae (cluster lily Brodiaea, will be recognized as a family habitat acquisition and maintenance, family). Additionally, plants that were separate from Liliaceae in the upcoming propagation, live trapping, previously identified as hybrids and not revision of the Jepson Manual (Pires transplantation, and, in the pure B. filifolia have now been 2007, p. 1; Preston 2007, pers. comm.). extraordinary case where population described as a new species, B. We have reviewed this material and we pressures within a given ecosystem santarosae. Pires (2007, p. 1) and are in agreement with the change from cannot otherwise be relieved, may Preston (2007, pers. comm.) intend to Liliaceae to Themidaceae. As part of include regulated taking. include Brodiaea santarosae as a this rule, we propose to amend part 17, Critical habitat receives protection separate species in their treatment of the subchapter B of chapter I, title 50 of the under section 7(a)(2) of the Act through genus Brodiaea for the revision of the Code of Federal Regulations to reflect the prohibition against Federal agencies Jepson Manual that is in progress; this the transfer of B. filifolia from Liliaceae carrying out, funding, or authorizing is based on their assessment of Chester to Themidaceae. This transfer does not activities that are likely to result in the et al. (2007, pp. 187–198). The following alter the definition or distribution of B. destruction or adverse modification of text describes movement of the genus filifolia. critical habitat. Section 7(a)(2) requires Brodiaea from Liliaceae to consultation on Federal actions that Themidaceae. Previous Federal Actions may affect critical habitat. The When we listed Brodiaea filifolia as a We published our final designation of designation of critical habitat does not threatened species on October 13, 1998 critical habitat for Brodiaea filifolia on affect land ownership or establish a (63 FR 54975), it was considered part of December 13, 2005 (70 FR 73820). The refuge, wilderness, reserve, preserve, or a large and broadly defined family Center for Biological Diversity filed a other conservation area. Such known as Liliaceae. Brodiaea and complaint in the U.S. District Court for designation does not allow the several other genera including the Southern District of California on government or public to access private Bloomeria, Dichelostemma, Triteleia, December 19, 2007, challenging our lands. Such designation does not and Allium historically were placed in designation of critical habitat for B. require implementation of restoration, the Amaryllidaceae (amaryllis family) or filifolia and Navarretia fossalis (Center recovery, or enhancement measures by the Liliaceae based on perceived for Biological Diversity v. United States non-Federal landowners. Where a importance of characters related to the Fish and Wildlife, et al., Case No. 07– landowner seeks or requests Federal position of the ovary or the CV–02379–W–NLS). In a settlement agency funding or authorization for an inflorescence type. Salisbury (1866) agreement dated July 25, 2008, we action that may affect a listed species or recognized a group of several genera agreed to reconsider the critical habitat critical habitat, the consultation that includes taxa now named Brodiaea designation for B. filifolia. The requirements of section 7(a)(2) of the as a family, which was distinct from settlement stipulated that the Service Act would apply, but even in the event

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of a destruction or adverse modification journals, conservation plans developed At this time, we are unable to identify finding, the Federal action agency’s and by States and counties, scientific status the specific ways that climate change the applicant’s obligation is not to surveys and studies, biological will impact Brodiaea filifolia, therefore, restore or recover the species, but to assessments, or other unpublished we are unable to determine what implement reasonable and prudent materials and expert opinion or additional areas, if any, may be alternatives to avoid destruction or personal knowledge. appropriate to include in the proposed adverse modification of critical habitat. Habitat is often dynamic, and species revised critical habitat for this species. For inclusion in a critical habitat may move from one area to another over We specifically request information designation, the habitat within the time. In particular, we recognize that from the public on the currently geographical area occupied by the climate change may cause changes in predicted effects of climate change on B. species at the time of listing must the arrangement of occupied habitat filifolia and its habitat. Additionally, we contain physical and biological features patches. Current climate change recognize that critical habitat designated that are essential to the conservation of predictions for terrestrial areas in the at a particular point in time may not the species, and be included only if Northern Hemisphere indicate warmer include all of the habitat areas that we those features may require special air temperatures, more intense may later determine are necessary for management considerations or precipitation events, and increased the recovery of the species. For these protection. Critical habitat designations summer continental drying (Field et al. reasons, a critical habitat designation identify, to the extent known using the 1999, pp. 1–3; Hayhoe et al. 2004, p. does not signal that habitat outside the best scientific and commercial data 12422; Cayan et al. 2005, p. 6; designated area is unimportant or may available, habitat areas supporting the Intergovernmental Panel on Climate not promote the recovery of the species. essential physical or biological features Change 2007, p. 11; Cayan et al. 2009, Areas that support occurrences, but that provide essential life cycle needs of p. xi). Additionally, the southwestern are outside the critical habitat the species; that is, areas on which are region of the country is predicted to designation, will continue to be subject found the primary constituent elements become drier and hotter overall (Hayhoe to conservation actions we and other (PCEs) laid out in the appropriate et al. 2004, p.12424; Seager et al. 2007, Federal agencies implement under quantity and spatial arrangement p. 1181). Climate change may also affect section 7(a)(1) of the Act. They are also essential to the conservation of the the duration and frequency of drought subject to the regulatory protections species. Under the Act and regulations and these climatic changes may become afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of at 50 CFR 424.12, we can designate even more dramatic and intense critical habitat in areas outside the the best available scientific information (Graham 1997). Documentation of geographical area occupied by the at the time of the agency action. climate-related changes that have species at the time it is listed only when Federally funded or permitted projects already occurred in California (Croke et we determine that those areas are affecting listed species outside their al. 1998, pp. 2128, 2130; Brashears et al. essential for the conservation of the designated critical habitat areas may 2005, p. 15144), and future drought species and that designation limited to still result in jeopardy findings in some predictions for California (e.g., Field et the species’ present range would be cases. Similarly, critical habitat al. 1999, pp. 8–10; Lenihen et al. 2003, inadequate to ensure the conservation of designations made on the basis of the p. 1667; Hayhoe et al. 2004, p. 12422; the species. best available information at the time of Section 4 of the Act requires that we Brashears et al. 2005, p. 15144; Seager designation will not control the designate critical habitat on the basis of et al. 2007, p. 1181) and North America direction and substance of future the best scientific and commercial data (IPCC 2007, p. 9) indicate prolonged recovery plans, habitat conservation available. Further, our Policy on drought and other climate-related plans (HCPs), or other species Information Standards Under the changes will continue in the foreseeable conservation planning efforts if new Endangered Species Act (published in future. information available to these planning the Federal Register on July 1, 1994 (59 We anticipate these changes will efforts calls for a different outcome. FR 34271)), the Information Quality Act affect Brodiaea filifolia habitat and (section 515 of the Treasury and General occurrences. For example, if the amount Methods Government Appropriations Act for and timing of precipitation or the As required by section 4(b) of the Act, Fiscal Year 2001 (Pub. L. 106–554; H.R. average temperature increases in we used the best scientific and 5658)), and our associated Information southern California, the following four commercial data available in Quality Guidelines provide criteria, changes may affect the long-term determining which areas within the establish procedures, and provide viability of B. filifolia occurrences in geographic area occupied by the species guidance to ensure that our decisions their current habitat configuration: (1) at the time of listing contain the features are based on the best scientific data Drier conditions may result in a lower essential to the conservation of Brodiaea available. They require our biologists, to percent germination and smaller filifolia, and which areas outside the the extent consistent with the Act and population sizes; (2) a shift in the timing geographical area occupied at the time with the use of the best scientific data of the annual rainfall may favor of listing are essential for the available, to use primary and original nonnative species that impact the conservation of B. filifolia. We reviewed sources of information as the basis for quality of habitat for this species; (3) the 2005 final critical habitat recommendations to designate critical warmer temperatures may affect the designation for B. filifolia (70 FR 73820), habitat. timing of pollinator life-cycles causing information from state, Federal, and When we are determining which areas pollinators to become out-of-sync with local government agencies, and should be designated as critical habitat, timing of flowering B. filifolia; and (4) information from academia and private our primary source of information is drier conditions may result in increased organizations that collected scientific generally the information developed fire frequency, making the ecosystems data on the species. We also used the during the listing process for the in which B. filifolia currently grows information provided in the 5–year species. Additional information sources more vulnerable to the threats of review for B. filifolia (Service 2009, pp. may include the recovery plan for the subsequent erosion and nonnative/ 1–47). Other information we used for species, articles in peer-reviewed native plant invasion. this proposed revised critical habitat

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includes: CNDDB (CNDDB 2009, pp. 1– elevations, and adjacent areas necessary series, B. filifolia is a clay soils endemic 73); data and information included in to maintain associated physical and always occurs on soils with a clay reports submitted during consultations processes such as a suitable component. under section 7 of the Act; information hydrological regime. The areas provide In San Diego, Orange, and Los contained in analyses for individual and suitable habitat, water, minerals, and Angeles Counties, occurrences of regional HCPs where B. filifolia is a other physiological needs for Brodiaea filifolia are highly correlated covered species; data collected on MCB reproduction and growth of B. filifolia, with specific clay soil series such as, but Camp Pendleton; data collected from as well as habitat that supports not limited to: Alo, Altamont, Auld, and reports submitted by researchers pollinators of B. filifolia. The PCEs and Diablo or clay lens inclusions in a holding recovery permits under section the resulting physical and biological matrix of loamy soils such as Fallbrook, 10(a)(1)(A) of the Act; information features essential to the conservation of Huerhuero, and Las Flores series (63 FR received from local species experts; B. filifolia are derived from studies of 54975, p. 54978; CNDDB 2009, pp. 1-76; published and unpublished papers, this species’ habitat, ecology, and life Service GIS data 2009). These soils reports, academic theses, or surveys; history as described in the Background generally occur on mesas and hillsides Geographic Information System (GIS) section of this proposed rule, and the with gentle to moderate slopes, or in data (such as species occurrence data, previous critical habitat rule (70 FR association with vernal pools. These soil data, land use, topography, aerial 73820; December 13, 2005), and in the soils are generally vegetated with open imagery, and ownership maps); and final listing rule (63 FR 54975; October native or nonnative grassland, open correspondence to the Service from 13, 1998). coastal sage scrub, or open coastal sage recognized experts. We are not currently scrub-chaparral communities. In San Space for Individual and Population Bernardino County, the species is proposing any areas as critical habitat Growth, and for Normal Behavior that are outside the geographical area associated with Etsel family–Rock occupied by the species at the time of Habitats that provide space for growth outcrop-Springdale and Tujunga–Urban listing because we have determined that and persistence of Brodiaea filifolia land–Hanford soils (Service GIS data we can conserve this species by include areas: (1) With combinations of 2009). These soils are generally including in critical habitat a subset of appropriate elevation and clay or clay- vegetated with open native and areas that were occupied at the time of associated soils, on mesas or low to nonnative grasslands, open coastal sage listing (28 of 68 occurrences known to moderate slopes that support open scrub, or open coastal sage scrub- be occupied are proposed as critical native or annual grasslands within open chaparral communities. habitat). coastal sage scrub or coastal sage scrub- In western Riverside County, the chaparral communities; (2) in species is often found on alkaline silty- Physical and Biological Features floodplains or in association with vernal clay soil series such as, but not limited In accordance with section 3(5)(A)(i) pool or playa complexes that support to, Domino, Grangeville, Waukena, and and 4(b)(1)(A) of the Act and regulations various grassland or scrub communities; Willows underlain by a clay subsoil or at 50 CFR 424.12(b), in determining (3) on soils derived from olivine basalt caliche (a hardened gray deposit of which areas within the geographical lava flows on mesas and slopes that calcium carbonate). These soils area occupied at the time of listing to support vernal pools within grassland, generally occur in low-lying areas and propose as revised critical habitat, we oak woodland, or savannah floodplains or are associated with vernal consider those physical and biological communities; or (4) on sandy loam soils pool or playa complexes. These soils are features that are essential to the derived from basalt and granodiorite generally vegetated with open native conservation of the species and which parent material with deposits of cobbles and nonnative grasslands, alkali may require special management and boulders supporting intermittent grassland, or alkali scrub communities. considerations or protection. We seeps, and open marsh communities. Also in western Riverside County, the consider the essential physical and Despite the wide range of habitats where species is found on clay loam soils biological features to be the PCEs laid B. filifolia occurs, this species occupies underlain by heavy clays derived from out in the appropriate quantity and a specific niche of habitat that is basalt lava flows (i.e., Murrieta series on spatial arrangement essential to the moderately wet to occasionally wet. the Santa Rosa Plateau) (Bramlet 1993, p. 1; CNDDB 2009, pp. 1-76; Service GIS conservation of the species. The PCEs Food, Water, Air, Light, Minerals, or data 2009). These soils generally occur include, but are not limited to: Other Nutritional or Physiological on mesas and gentle to moderate slopes (1) Space for individual and Requirements population growth and for normal or are associated with basalt vernal behavior; All members of the genus Brodiaea pools. These soils are vegetated with (2) Food, water, air, light, minerals, or require full sun and many tend to occur open native or nonnative grasslands or other nutritional or physiological on only one or a few soil series (Niehaus oak woodland savannah communities. requirements; 1971, pp. 26-27). Brodiaea filifolia In some areas in northern San Diego (3) Cover or shelter; occurs on several formally named soil County and southwestern Riverside (4) Sites for breeding, reproduction, series, but these are all primarily clay County, the species is found on sandy and rearing (or development) of soils with varying amounts of sand and loam soils derived from basalt and offspring; and silt. In this proposed rule, we listed all granodiorite parent materials; deposits (5) Habitats that are protected from the mapped soils that overlap with the of gravel, cobble, and boulders; or disturbance or are representative of the distribution of B. filifolia. Sometimes hydrologically fractured, weathered historical, geographical, and ecological clay soils occur as inclusions within granite in intermittent streams and distributions of a species. other soil series, as such, we have seeps. These soils and deposits are We derive the PCEs required for named those other soil series in this generally vegetated by open riparian Brodiaea filifolia from its biological rule. Another reason that there are many and freshwater marsh communities needs. The areas included in our differently named soil series is because associated with intermittent drainages, proposed revised critical habitat for B. this species occurs in five counties, each floodplains, and seeps. Throughout B. filifolia contain the appropriate soils of which has uniquely named soils. filifolia’s range these soils facilitate the and associated vegetation at suitable Despite the diversity in named soil natural process of seed dispersal and

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germination, cormlet disposition or filifolia, as shown at a study site in abilities (Thorp and Leong 1995, p. 7). movement to an appropriate soil depth, Orange County (Glenn Lukos Associates Studies have shown that as areas are and corm persistence through seedling 2004, p. 3). Supporting and maintaining fragmented by development, remaining and adult phases of flowering and fruit pollinators and pollinator habitat is habitat areas have reduced pollinator set described earlier. essential for the conservation of B. diversity (Steffan-Dewenter 2003, p. filifolia because this species cannot set Habitats That Are Protected From 1041). If pollinators are eliminated from viable seed without cross-pollination. Disturbance or Are Representative of the an occurrence, Brodiaea filifolia will no Of primary concern to the longer be able to reproduce sexually. Of Historical, Geographical, and Ecological conservation of Brodiaea filifolia are Distributions of the Species the native bees that have been observed solitary bees (such as sweat bees pollinating B. filifolia, solitary ground- The conservation of Brodiaea filifolia (Hoplitus sp. and Osmia sp.)) because nesting bees are the most sensitive to is dependent on several factors these are the pollinators that have the habitat disturbance and the most likely including, but not limited to, most specific habitat requirements (such to be lost from an area. Sweat bees maintenance of areas of sufficient size as nesting requirements) and are (family Halictidae), Holitus (family and configuration to sustain natural impacted by fragmentation and reduced Magachilidea), and Osmia (mason bees, ecosystem components, functions, and diversity of natural habitats at a small family Megachilidea), fly approximately processes (such as full sun exposure, scale (Gathmann and Tscharntke 2002, 900 to 1,500 ft (274 to 457 m), 600 to natural fire and hydrologic regimes, p. 757; Steffan-Dewenter 2003, p. 1041; 900 ft (183 to 274 m), and 600 to 1,800 adequate biotic balance to prevent Shepherd 2009, pers. comm.). Due to ft (183 to 549 m), respectively excessive herbivory); protection of the focused foraging habits of solitary (Shepherd 2009, pers. comm.). Bombus existing substrate continuity and bees we believe that these insects may californicus (family Apidae) and Digger structure, connectivity among groups of be the most important to the successful bees (family Apidae) fly further, plants within geographic proximity to reproduction of B. filifolia. To sustain generally more than over 2,640 ft (804 facilitate gene flow among the sites an active pollinator community for B. m) (Shepherd 2009, pers. comm.). These through pollinator activity and seed filifolia, alternative pollen or food flight distances are important in dispersal; and sufficient adjacent source plants may be necessary for the determining what habitat associated suitable habitat for vegetative persistence of these insects when B. with Brodiaea filifolia occurrences reproduction and population expansion. filifolia is not in flower. It is also provides habitat for this species’ A natural, generally intact surface and necessary for nest sites for pollinators to pollinators. Conserving habitat where subsurface soil structure, not be located within flying distance of B. these pollinators nest and forage will permanently altered by anthropogenic filifolia occurrences. sustain an active pollinator community land use activities (such as deep, Bombus spp. (bumblebees) may also and provide for the cross-pollination of repetitive discing, or grading), and be important to the pollination of B. filifolia. associated physical processes such as a Brodiaea filifolia, however, these insects hydrological regime is necessary to may be able to travel greater distances In our review of the data on provide water, minerals, and other and cross fragmented landscapes to pollinators of Brodiaea filifolia in the physiological needs for Brodiaea pollinate B. filifolia. In a study of 2005 critical habitat rule, we filifolia. A natural hydrological regime experimental isolation and pollen determined that an 820-ft (250-m) area includes seasonal hydration followed by dispersal of Delphinium nuttallianum around each occurrence identified in drying out of the substrate to promote (Nuttall’s larkspur), Schulke and Waser the critical habitat would provide growth of plants and new corms for the (2001, pp. 242–243) report that adequate adequate space to support B. filifolia’s following season. These conditions are pollen loads were dispersed by pollinators. In the 2005 critical habitat also necessary for the normal bumblebees within control populations rule, we based the 820-ft (250-m) development of seedlings and young and in isolated experimental distance on a conservative estimate for vegetative cormlets. ‘‘populations’’ from 164 to 1,312 feet (ft) the mean routine flight distance for (50 to 400 meters (m)) distant from the bees. This distance represents an Habitat for Pollinators of Brodiaea control populations. One of several estimate of flight distance for pollinators filifolia pollinator taxa effective at 1,312 ft (400 that fly an average of less than 1,800 ft Cross-pollination is essential for the m) was Bombus californicus (Schulke (549 m) (i.e., the maximum distance survival and recovery of Brodiaea and Waser 2001, pp. 240–243), which observed by known pollinators of B. filifolia because this species is self- was also one of four bee species filifolia except Bombus californicus). incompatible and it cannot sexually observed pollinating Brodiaea filifolia Research supports this distance, as reproduce without the aid of insect by Bell and Rey (1991, p. 2). Studies by studies looking at areas with a radius of pollinators. A variety of insects are Steffan-Dewenter and Tscharntke (2000, 820 ft (250 m) have found that solitary known to cross-pollinate Brodiaea p. 293) demonstrated that it is possible bees forage at this scale and that if species, including Tumbling Flower for bees to forage as far as 4,920 ft (1,500 fragmentation occurs at this scale the Beetles (Mordellidae, Coleoptera) and m) from a colony, and at least one study presence of solitary bees will decrease Sweat Bees (Halictidae, Hymenoptera; suggests that bumblebees may forage (Steffan-Dewenter et al. 2002, pp. 1027- Niehaus 1971, p. 27). Bell and Rey many kilometers away (Sudgen 1985, p. 1029; Shepherd 2009, pers. comm.). (1991, p. 3) report that native bees 308). Bumblebees may be effective at Insects that travel greater distances than observed pollinating B. filifolia on the transferring pollen between occurrences 1,800 ft (549 m) on average may also Santa Rosa Plateau in Riverside County of B. filifolia because they are larger and find habitat within 820 ft (250 m) of include Bombus californicus (Apidae, have been found pollinating plants at Brodiaea filifolia occurrences. It is also Hymenoptera), Hoplitus sp. distances of 1,312 to 4,920 ft (400 to possible that insects flying greater than (Megachilidae, Hymenoptera), Osmia 1500 m). However, the visits and 1,800 ft (549 m) are flying in from sp. (Megachilidae, Hymenoptera), and focused effort of bumblebees may be greater distances (Bombus californicus an unidentified Anthophorid (digger- less frequent than ground-nesting bees. and Anthophora) and are living in bee). Anthophoridae and Halictidae are Ground-nesting solitary bees appear habitats that are not directly connected important pollinators of Brodiaea to have limited dispersal and flight with areas supporting Brodiaea filifolia.

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Delineating a pollinator use area larger between the elevations of 600 and 1,800 including the direct and indirect effects than 820 ft (250 m) around B. filifolia ft (183 and 549 m). of habitat loss and degradation from would capture habitat that may not (D) Clay loam soil series (such as urban development; the introduction of directly contribute to the survival or Murrieta) underlain by heavy clay loams nonnative invasive plant species; recovery of B. filifolia. Including habitat or clays derived from olivine basalt lava recreational activities; discing and out from the mapped occurrences of B. flows occurring between the elevations mowing for agricultural practices or fuel filifolia up to 820 ft (250m) in the PCEs of 1,700 and 2,500 ft (518 and 762 m). modification for fire management; and is necessary to support pollinator (E) Sandy loam soils derived from dumping of manure and sewage sludge. activity in critical habitat, support the basalt and granodiorite parent materials; Loss and degradation of habitat from sexual reproduction of B. filifolia, and deposits of gravel, cobble, and boulders; development was cited in the final provide for gene flow, pollen dispersal, or hydrologically fractured, weathered listing rule as a primary cause for the and seed dispersal. granite in intermittent streams and decline of Brodiaea filifolia. Most of the seeps occurring between 1,800 and populations of this species are located Primary Constituent Elements for 2,500 ft (549 and 762 m). in San Diego, Orange, and Riverside Brodiaea filifolia (2) PCE 2—Areas with a natural, Counties. These counties have had (and Pursuant to the Act and its generally intact surface and subsurface continue to have) increasing human implementing regulations, when soil structure, not permanently altered populations and attendant housing considering the designation of critical by anthropogenic land use activities pressure. Natural areas in these counties habitat, we must focus on the primary (such as deep, repetitive discing, or are frequently near or bounded by constituent elements within the grading), extending out up to 820 ft (250 urbanized areas. Urban development geographical area occupied by Brodiaea m) from mapped occurrences of removes the plant community filifolia at the time of listing that are Brodiaea filifolia. components and associated clay soils This proposed revision to the critical essential to the conservation of the identified in the PCEs, which eliminates habitat designation is designed for the species and may require special or fragments the populations of B. conservation of those areas containing management considerations or filifolia. Grading, discing, and scraping PCEs necessary to support the species’ protection. The essential physical and areas in the preparation of areas for life-history traits. All units/subunits of biological features are those PCEs laid urbanization also directly alters the soil the proposed critical habitat contain one out in an appropriate quantity and surface as well as subsurface soil layers of the specific soil components spatial arrangement determined to be to the degree that they will no longer identified in PCE 1 and have natural, essential to the conservation of the support plant community types and generally intact surface and subsurface species. All areas proposed as revised pollinators associated with B. filifolia soil structure and support habitat for critical habitat for B. filifolia are (PCE 2). pollinators as identified in PCE 2. These currently occupied, are within the Nonnative invasive plant species may two factors are sufficient to support life- geographical area occupied by the alter the vegetation composition or history traits of Brodiaea filifolia in the species at the time of listing, and physical structure identified in the PCEs units/subunits we propose as critical contain sufficient PCEs to support at to an extent that the area does not habitat. In general, we propose units/ support Brodiaea filifolia or the plant least one life- history function (see the subunits based on the presence of the community that it inhabits. ‘‘Spatial Distribution and Historical PCEs in the appropriate quantity and Additionally, invasive species may Range’’ section of this rule). spatial arrangement essential to the compete with B. filifolia for space and Based on our current knowledge of conservation of the species. In the case resources by depleting water that would the life history, biology, and ecology of of this designation, all of the units/ otherwise be available to B. filifolia. Brodiaea filifolia, and the requirements subunits contain both of the PCEs. Unauthorized recreational activities of the habitat to sustain the life-history may impact the vegetation composition traits of the species, we determined that Special Management Considerations or and soil structure that supports the PCEs specific to B. filifolia are: Protection Brodiaea filifolia to an extent that the (1) PCE 1—Appropriate soil series at When designating critical habitat area will no longer have intact soil a range of elevations and in a variety of within the geographical area occupied surfaces or the plant communities plant communities, specifically: by the species at the time of listing, we identified in the PCEs. Off-highway (A) Clay soil series of various origins assess whether the physical and vehicle (OHV) activity is an example of (such as Alo, Altamont, Auld, or biological features essential to the this type of activity. Diablo), clay lenses found as unmapped conservation of the species may require Some methods of mowing or discing inclusions in other soils series, or loamy special management considerations or for agricultural purposes or fuel soils series underlain by a clay subsoil protection. In all units/subunits, special modification for fire management may (such as Fallbrook, Huerhuero, or Las management considerations or preclude the full and natural Flores) occurring between the elevations protection of the essential features may development of Brodiaea filifolia by of 100 and 2,500 ft (30 and 762 m). be required to provide for the growth, adversely affecting the PCEs. Mowing (B) Soils (such as Cieneba-rock reproduction, and sustained function of may preclude the successful outcrop complex and Ramona family- the habitat on which Brodiaea filifolia reproduction of the plant, or alter the Typic Xerothents soils) altered by depends. associated vegetation needed for hydrothermal activity occurring The lands proposed as critical habitat pollinator activity (PCE 2). Dumping of between the elevations of 1,000 and represent our best assessment of the sewage sludge can cover plants as well 2,500 ft (305 and 762 m). habitat that meets the definition of as the soils they need. Additionally, this (C) Silty loam soil series underlain by critical habitat for Brodiaea filifolia at practice can alter the chemistry of the a clay subsoil or caliche that are this time. The essential physical or substrate and lead to alterations in the generally poorly drained, moderately to biological features within the areas vegetation supported at the site (PCE 1). strongly alkaline, granitic in origin proposed as critical habitat may require In summary, we find that the areas we (such as Domino, Grangeville, Traver, some level of management to address are proposing as revised critical habitat Waukena, or Willows) occurring current and future threats to B. filifolia, contain the features essential to the

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conservation of Brodiaea filifolia, and quantity and spatial arrangement which B. filifolia has evolved. Protecting that these features may require special essential to the conservation of this these areas will promote the adaptation management considerations or species and support multiple life- of the species to different environmental protection. Special management history traits for B. filifolia. conditions and contribute to species considerations or protection may be As required by section 4(b)(1)(A) of recovery. required to eliminate, or reduce to the Act, we use the best scientific and We also determined that habitat for negligible level, the threats affecting commercial data available in pollinators is essential to the survival each unit/subunit and to preserve and determining areas that contain the and recovery of this species because maintain the essential features that the features that are essential to the Brodiaea filifolia is self-incompatible proposed critical habitat units/subunits conservation of Brodiaea filifolia. The (genetically similar individuals are not provide to B. filifolia. Additional ‘‘Methods’’ section summarizes the data able to produce viable seeds). Sexual discussions of threats facing individual used for this proposed revised critical reproduction, facilitated through sites are provided in the individual habitat. This proposed rule reflects the pollination, is necessary for the long- unit/subunit descriptions. best available scientific and commercial term conservation of this species. The designation of critical habitat information and thus differs from our All critical habitat discussed in this does not imply that lands outside of 2005 final critical habitat rule. proposed revision of critical habitat is critical habitat may not play an This section provides details of the occupied by the species at the subunit important role in the conservation of process we used to delineate critical level meaning that each subunit Brodiaea filifolia. In the future, and with habitat. This proposed rule reflects a contains at least one known occurrence changed circumstances, these lands may progression of conservation efforts for of Brodiaea filifolia. The essential become essential to the conservation of Brodiaea filifolia. This progression is features in each subunit are necessary B. filifolia. Activities with a Federal based largely on the past analysis of the for the conservation of the occurrence nexus that may affect areas outside of areas identified as meeting the within the subunit, and the subunit critical habitat, such as development, definition of critical habitat for B. contributes to the overall conservation agricultural activities, and road filifolia as identified in the 2004 of the species. Occupied areas were construction, are still subject to review proposed critical habitat rule and the determined from survey data and under section 7 of the Act if they may 2005 final critical habitat designation, element occurrence data in the CNDDB affect B. filifolia because Federal and new information we obtained on (CNDDB 2009, pp. 1–76). Using GIS data agencies must consider both effects to the species’ distribution since listing. In in the areas identified as occupied by the plant and effects to critical habitat some areas that were analyzed in 2005, this species as a guide, we identified the independently. The prohibitions of we have new distribution information areas that contain the physical and section 9 of the Act applicable to B. that resulted in adding areas to the 2005 biological features essential to the filifolia under 50 CFR 17.71 (e.g., the critical habitat designation. There are conservation of B. filifolia. prohibition against reducing to also some areas identified as meeting To map the areas that meet the possession or maliciously damaging or the definition of critical habitat in the definition of critical habitat, we destroying listed plants on Federal 2005 critical habitat that we did not identified areas that contain the PCEs in lands) also continue to apply both include in this revision of critical the quantity and spatial distribution inside and outside of designated critical habitat because we determined based on essential to the conservation of this habitat. a review of the best available species using the following criteria: (1) information that they do not meet the Areas supporting occurrences on rare or Criteria Used To Identify Critical definition of critical habitat. The unique habitat within the species’ range; Habitat specific differences from the 2005 (2) areas supporting the largest known We have determined that all areas we designation of critical habitat are occurrences of B. filifolia; or (3) areas are proposing to designate as revised summarized in the Summary of supporting stable occurrences of B. critical habitat are within the Changes From Previously Designated filifolia that are likely to be persistent. geographical area occupied by Brodiaea Critical Habitat section of this rule. These criteria are explained in greater filifolia at the time of listing (see the Species and plant communities that detail below and a summary of our ‘‘Spatial Distribution and Historical are protected across their ranges are analysis of all current and past areas Range’’ section for more information), expected to have lower likelihoods of supporting Brodiaea filifolia is and are currently occupied. We extinction (Soule and Simberloff 1986, presented in Table 1. considered the areas outside the p. 35; Scott et al. 2001, pp. 1297–1300). We have determined that 35 of the 68 geographical area occupied by the Genetic variation generally results from extant occurrences meet the definition species at the time of listing, but are not the effects of population isolation and of critical habitat; of these 35 proposing to designate any areas outside adaptation to locally distinct occurrences, 7 occur on MCB Camp the geographical area occupied by B. environments (Lesica and Allendorf Pendleton and are exempt from critical filifolia at the time of listing because we 1995, pp. 754–757; Fraser 2000, pp. 49– habitat under section 4(a)(3) of the Act, determined that a subset of occupied 51; Hamrick and Godt 1996, pp. 291– and 28 occurrences are proposed as lands within the species’ historical 295). We sought to include the range of critical habitat. Areas containing the range are adequate to ensure the ecological conditions in which Brodiaea PCEs and that meet at least one of the conservation of B. filifolia. Occupied filifolia is found to preserve the genetic above criteria are considered to contain areas exist throughout this species’ variation that may reflect adaptation to the physical and biological features historical range, and through the local environmental conditions, as essential to the conservation of the conservation of a subset of occupied documented in other plant species (such species and, therefore, meet the habitats (35 of 68 extant occurrences, as in Hamrick and Godt 1996, pp. 299– definition of critical habitat. Included in see Table 1), we will be able to stabilize 301; or Millar and Libby 1991, pp. 150, PCE 2 are areas up to 820 ft (250 m) and conserve B. filifolia throughout its 152–155). A suite of locations that from mapped occurrences of B. filifolia current and historical range. All units/ possess unique ecological to provide adequate space to support the subunits proposed as critical habitat characteristics will represent more of habitat and alternate food sources contain both PCEs in the appropriate the environmental variability under needed for pollinators of B. filifolia. The

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820-ft (250-m) distance for determining capture all habitat that is potentially ‘‘Habitat for Pollinators of Brodiaea the pollinator use area is based on a used by pollinators, but it is meant to filifolia’’ section for a more detailed conservative estimate for the mean capture a sufficient area to allow for explanation of pollinator requirements routine flight distance for ground- pollinators to nest, feed, and reproduce and our derivation of the 820-ft (250-m) nesting solitary bees that pollinate B. in habitat that is adjacent and connected distance for determining the pollinator filifolia. This distance is not meant to to the areas were B. filifolia grows (see use area).

TABLE 1. SUMMARY OF CRITERIA ANALYSIS OF ALL RECORDED LOCATIONS OF Brodiaea filifolia. ‘‘Occurrence number’’ and ‘‘Location Description’’ are taken from the 5–year review completed in 2009 where more information about each occurrence can be found. Extirpated occurrences were not given an ‘‘Occurrence number’’ in the 5–year review.

CNDDB1 Criterion 3: Occurrence Element Criterion 1: Criterion 2: Stable and Critical Habitat number in Location Description Occurrence Unique or rare Largest persistent Unit/ 5–year review Number (EO) habitat occurrences occurrence Subunit

Los Angeles County, California

1 Glendora 20 X — X 1a

2 San Dimas/Gordon Highlands 40 X X — 1b

San Bernardino County, California

3 Arrowhead Hot Springs 7 X — X 2

4 Waterman Canyon 8 — — — N/A

Riverside County, California

5 San Jacinto Wildlife Area 43 X — X 11a 27

62 San Jacinto Ave/Dawson Rd 65 X — — 11b

7 Case Road 2 X X — 11c

x Goetz Road 1 — — — extirpated

8 Railroad Canyon 25 — X — 11d

9 Upper Salt Creek (Stowe Pool) 26 X — — 11e

10 Santa Rosa Plateau - Tenaja 3 — — — B. santarosae Rd.

11 Santa Rosa Plateau - North of 31 X — — 11h Tenaja Rd.

12 Santa Rosa Plateau - South of 30 X — — 11g Tenaja Rd.

13 Santa Rosa Plateau - Mesa de 5 — — — N/A Colorado

14 East of Tenaja Guard Station 29 — — — N/A

15 Redonda Mesa 52 — — — N/A

162 Corona Cala Camino N/A — — — N/A

Orange County, California

17 Edison Viejo 55 — — — N/A

18 Aliso and Woods Canyon 56 X X — 3 Wilderness Park

19 Can˜ada Gobernadora 64 — — X 4c /Chiquadora Ridge

202 Trampas Canyon N/A — — — N/A

212 Middle Gabino N/A — — — N/A

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TABLE 1. SUMMARY OF CRITERIA ANALYSIS OF ALL RECORDED LOCATIONS OF Brodiaea filifolia.—Continued ‘‘Occurrence number’’ and ‘‘Location Description’’ are taken from the 5–year review completed in 2009 where more information about each occurrence can be found. Extirpated occurrences were not given an ‘‘Occurrence number’’ in the 5–year review.

22 Cristianitos Canyon N/A X X — 4g Cristianitos Canyon/ 62 Lower Gabino Canyon

232 East Talega/Blind Canyon N/A — — — N/A

24 Casper’s Wilderness Park 24 — — X 4b

25 Arroyo Trabuco Golf Course/ N/A — — — N/A Lower Arroyo Trabuco

x2 Prima Deshecha4 61 — — — extirpated

26 Talega/Segunda Deshecha3 57 — — — N/A

27 Forster Ranch3 58 — — — N/A 59 60

28 Cristianitos Canyon South 63 — — — N/A

San Diego County, California

29 Miller Mountain 37 — — — B. santarosae

Devil Canyon 39 X — X 5b

30 Tributary off of Talega Canyon N/A — — — N/A

312 Cristianitos Canyon Pendleton N/A — — X exempt

322 San Mateo Creek N/A — — — N/A

33 Bravo One 45 — — X exempt

341 Bravo Two North N/A — — — N/A

35 Bravo Two South N/A — — X exempt

36 Alpha One/Bravo Three 44 — — — N/A

372 Basilone/San Mateo Junction N/A — — X exempt

38 Camp Horno 46 — X — exempt 47 48 49

39 Southeast of Horno Summit 50 — — — N/A

401 Top of Las Pulgas Canyon/ N/A — — — N/A Roblar Rd

412 Top of Aliso Canyon/Roblar Rd N/A — — — N/A

42 Basilone/Roblar Junction 51 — — — N/A

43 East of I-5/South of Las Flores 67 — — — N/A Creek 68

442 Pilgrim Creek N/A — — X exempt

45 Pueblitos Canyon N/A — — — N/A

462 West of Whelan Lake N/A — — — N/A

472 South of French Creek N/A — — — N/A

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482 South White Beach N/A — — X exempt

49 Taylor3 41 — X — 6d Undeveloped parcel between Darwin properties Darwin Knolls and Darwin Glen

502 Arbor Creek/Colucci N/A X — X 6e

51 Mission View/Sierra Ridge 53 — — X 6c

52 Mesa Drive, SDG&E — — X 6b Substation

53 Eternal Hills/Alta Creek Corner- N/A — — X 6a stone Community Church /Oceanside Blvd & El Camino Real

542 Vista Pacific N/A — — — N/A

552 Buena Vista Creek preserve N/A — — — N/A

56 Calavera Heights Mitigation N/A — — — N/A Site

57 Calavera Hills Village H 23 — — X 7c

582 Calavera Hills Village X — — — N/A

59 Letterbox Canyon - Taylor N/A Made3

Letterbox Canyon - Salk/Fox- N/A — X — 7a Miller3

Letterbox Canyon - Newton 16 Business Center

x North of Carlsbad dragstrip 14 — — — extirpated

602 Carlsbad Oaks N/A — — — N/A

61 Rancho Carrillo 22 — X — 7b

Rancho Santa Fe Rd North — — — N/A

62 Rancho La Costa 33 — X — 7d 34

63 La Costa Town Square N/A — — — N/A

Park View West/La Costa Ave 21 — — — extirpated & Rancho Santa Fe Rd4

64 Poinsettia N/A — — — N/A

x Shelley Property/Olivenhein & 32 — — — extirpated Rancho Santa Fe Rd junction

x Calle Tres Vistas 54 — — — extirpated

x Vista 15 — — — extirpated

x Brengle Terrace 18 — — — extirpated

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x Vista, east of South Melrose 17 — — — extirpated Ave4

x North of Carlsbad dragstrip 13 — — — extirpated

x SSE of Buena, near Mission 12 — — — extirpated Rd & RR tracks

65 Rancho Santalina3

Loma Alta 11 — X — 8b

New Millennium

Las Posas Road Extension — — — extirpated Project4

66 Grand Avenue/Las Posas Rd 36 X X — 8d pools3

Upham/Pacific St/ 10 Superior Ready Mix

672 Oleander/San Marcos Elemen- N/A — X — 8f tary3

682 Artesian Trails 70 — — X 12

x 4S Ranch4 N/A — — — extirpated 1 California Department of Fish and Game, Natural Diversity Database 2 New occurrence since listing, but determined to be occupied at the time of listing 3 Partially translocated (some plants currently exist at the original location) 4 Completely translocated (no plants currently exist at the original location)

We identified habitat containing the (1) The first criterion is any area that habitat. The conservation of Brodiaea features essential to the conservation of supports an occurrence in rare or filifolia occurring in these rare or unique Brodiaea filifolia by using data from the unique habitat within the species’ range. situations will preserve the diversity of following GIS databases: (1) Species We evaluated all occurrences of habitats where this species is found. occurrence information in Los Angeles, Brodiaea filifolia under this criterion, (2) The second criterion is any area San Bernardino, Orange, Riverside, and regardless of occurrence size. We that supports one of the largest known San Diego Counties from the CNDDB identified four main factors that populations of Brodiaea filifolia. and from survey reports; (2) vegetation constitute rare or unique habitat for B. Occurrences of this species range from data layers from Orange, Riverside, and filifolia: just a few plants to several thousand San Diego Counties and vegetation data (a) Occurrences in habitat types that plants, while the majority of the known layers from the U.S. Forest Service’s are uncommon such as grassland habitat occurrences are under 3,000 plants (see Cleveland National Forest for Los that occurs intermixed with chaparral, the Background section for a discussion Angeles and San Bernardino Counties; grassland habitat that is associated with on how occurrences of B. filifolia are and (3) Natural Resources Conservation vernal pools, or large areas of native grouped and counted). However, there Service’s Soil Survey Geographic grassland; are 13 occurrences that stand out as the Database (SSURGO) soil data layers for (b) occurrences on uncommon soil largest, each having greater than 3,000 Orange, Riverside, and San Diego types such as clay soils that are altered plants. Occurrences supporting large Counties, and State Soil Geographic by hydrothermal activity; numbers of plants (3,000 or more) are Database (STATSGO) soil data layers for (c) occurrences that grow along noted in Table 1 and are found in the Los Angeles and San Bernardino ephemeral drainages in seep-type following areas: Counties. habitats; and (a) Los Angeles County, Subunit 1b- Criteria Used (d) occurrences that grow in gravel, San Dimas; cobbles, and small boulder substrate. (b) Riverside County, Subunit 11a-San If occurrences and habitat areas met These four unique situations differ Jacinto Wildlife Area, Subunit 11c-Case one or more of the following criteria, from the majority of occurrences of this Road, Subunit 11d-Railroad Canyon, they are proposed as critical habitat in species, which are found on clay soils Subunit, and 11f-Santa Rosa Plateau — this revised critical habitat designation. intermixed with coastal sage scrub Mesa de Colorado;

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(c) Orange County, Unit 3-Aliso and therefore, this occurrence fulfills the biological features essential to the Wood Canyon Wilderness Park, and ecological role of sites we are interested conservation of B. filifolia and meet the Subunit 4g-Cristianitos Canyon; and in identifying through this criterion, definition of critical habitat. Seven of (d) San Diego County, Subunit 6d- even though the high count at this site the 35 areas are on MCB Camp Taylor/Darwin, Subunit 7a-Letterbox is 620 flowering stalks. Pendleton and are exempt from this Canyon, Subunit 7b-Rancho Carrillo, Of the 68 occurrences of Brodiaea proposed revised rule under section Subunit 7d-Rancho La Costa, Subunit filifolia that we identified as being 4(a)(3) of the Act; the other 28 areas 8d-Upham, and Subunit 8f-Oleander/ extant in our 5–year review for this were mapped as the proposed revised San Marcos Elementary (See Table 1). species, 35 occurrences meet one or critical habitat for B. filifolia, and are These large occurrences are present in more of the three criteria outlined described in this document. habitat areas that contain the features above. Seven of these 35 occurrences are When determining the proposed essential to the conservation of this exempt from critical habitat under revised critical habitat boundaries, we species. These areas generally represent section 4(a)(3) of the Act (see made every effort to map precisely only large contiguous blocks of intact habitat. ‘‘Exemptions Under Section 4(a)(3) of the areas that contain the PCEs and The conservation of these large the Act’’), the remaining 28 occurrences provide for the conservation of Brodiaea populations will increase the resilience are proposed as revised critical habitat. filifolia. However, we cannot guarantee of the species across its range and Thirteen occurrences, of the 28 that every fraction of proposed revised contribute to the overall recovery of this proposed occurrences, fit into one of the critical habitat contains the PCEs due to species. four reasons that areas meet the ‘‘rare or the mapping scale that we use to draft (3) The third criterion is any area that unique habitat’’ criterion; 13 critical habitat boundaries. supports an occurrence considered to be occurrences meet the ‘‘largest Additionally, we made every attempt to stable and persistent. We consider occurrences’’ criterion; and 11 avoid including developed areas such as occurrences that have between 850 and occurrences meet the ‘‘stable and lands underlying buildings, pavement, 3,000 flowering stems that have been persistent occurrences’’ criterion. These and other structures because such lands observed in multiple years to be stable occurrences represent the historical lack PCEs for B. filifolia. The scale of the and persistent because we expect these range of the species and are adequate to maps we prepared under the parameters occurrences to have a sufficient amount provide for this species’ conservation. for publication within the Code of of corms to sustain the occurrence for a Occurrences not identified in this Federal Regulations may not reflect the number of years if the habitat remains process may still be important to the exclusion of such developed lands. Any unaltered. These areas contribute to the conservation of this species, but without such lands inadvertently left inside conservation of Brodiaea filifolia the conservation of the occurrences critical habitat boundaries shown on the because they provide resilience for the identified through this process, the maps of this proposed revised critical species by minimizing the effects on the recovery effort for this species may be habitat are excluded by text in this rule species from the loss of any single impaired. and are not proposed for critical habitat occurrence, and the conservation of designation. Therefore, Federal actions Other Factors Involved With Delineating these areas helps to maintain the involving these lands would not trigger Critical Habitat diversity of habitat where this species section 7 consultation with respect to occurs. The conservation of these areas Following the identification of 35 critical habitat and the requirement of allows B. filifolia to maintain its current occurrences of the 68 extant occurrences no adverse modification, unless the geographic distribution. The that met one of the 3 criteria listed specific actions may affect adjacent conservation of stable and persistent above, we mapped the area that critical habitat. occurrences throughout the species’ contained the PCEs at each occurrence range helps to maintain connectivity including the areas out up to 820 ft (250 Summary of Changes From Previously between occurrences that are in m) of mapped occurrences of Brodiaea Designated Critical Habitat proximity to one another and maintain filifolia to provide adequate space to The areas identified in this rule potential gene flow. This is particularly support the habitat and alternate food constitute a proposed revision from the important for B. filifolia because this sources needed for pollinators of B. areas we designated as critical habitat species relies on outcrossing for filifolia (see ‘‘Habitat for Pollinators of for Brodiaea filifolia on December 13, successful reproduction. Brodiaea filifolia’’ section). 2005 (70 FR 73820). In cases where we To determine which areas met this Areas that did not provide habitat for have new information or information criterion, we identified occurrences Brodiaea filifolia or potential pollinators that was not available for the previous with counts of between 850 and 3,000 were removed from the 820-ft (250-m) designation, we made changes to the flowering stalks that had been observed zone of mapped occurrences of B. critical habitat for B. filifolia to ensure in multiple years. Additionally, we filifolia, such as areas that were that this rule reflects the best scientific looked at all occurrences with fewer developed or severely altered by data available. We made changes to the than 850 flowering stalks to determine grading. Our mapping methodology PCEs and our criteria used to identify if any of these exhibited the same captures the PCEs in the appropriate critical habitat. We incorporated persistence and stability characteristics quantity and spatial arrangement information related to the taxonomy of to provide similar conservation value as essential to the conservation of the the species including the change in the other identified occurrences with species, and encompasses the range of plant family for B. filifolia. We greater than 850 flowering stalks (since environmental variability for this redefined the boundaries of each the counts for an occurrence vary from species. Although a genetic analysis of subunit proposed as critical habitat to year to year). We found that one B. filifolia has not been conducted, these more accurately reflect the areas that occurrence with fewer than 850 criteria likely capture the full breadth of include the features that are essential to flowering stalks (at the Arbor Creek/ important habitat types and are the conservation of B. filifolia, and we Colucci site) exhibited characteristics of expected to protect the genetic analyzed new distribution data that has a stable, persistent occurrence (i.e., variability of this species. The resulting become available to us following the consistent size not substantially 35 areas constitute the areas we have 2005 designation. The Secretary is also different than 850 flowering stalks); determined contain the physical and considering whether to exercise his

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discretion to exclude specific areas from habitat from the 2004 proposed critical have not changed. Following Tables 2 the final designation under section habitat to this proposed revised critical and 3, we provide a detailed description 4(b)(2) of the Act, including habitat. Table 3 includes name changes of each change made in this proposed reconsidering areas excluded in the that we made for some of the subunits revised rule and point to new prior designation, and we are seeking where the old names were ambiguous or information that precipitated the public comment (see Public Comments do not reflect the current name used to change. section of this rule). Table 2 shows the refer to these areas; although the names progression of each subunit of critical of these units changed, the locations

TABLE 2. SIZE AND EVALUATION OF UNITS AND SUBUNITS FOR Brodiaea filifolia IN 2004 PROPOSED CRITICAL HABITAT (PCH) 2005 final critical habitat (fCH), and 2009 proposed revised critical habitat (prCH), and a comparison of the area considered to meet the definition of critical habitat between the 2005 fCH and 2009 prCH.

Unit/Subunit Number and Name 2004 pCH 2005 fCH 2009 prCH Change from fCH to prCH

Unit 1: Los Angeles County

1a. Glendora 96 ac (39 ha) 96 ac (39 ha) 67 ac (27 ha) (-) 29 ac (12 ha)

1b. San Dimas 198 ac (80 ha) 198 ac (80 ha) 138 ac (56 ha) (-) 60 ac (24 ha)

Unit 2: San Bernardino County

2. Arrowhead Hot Springs 89 ac (36 ha) Not designated, wrong lo- 61 ac (25 ha) (+) 61 ac (25 ha) cation

Unit 3: Central Orange County

3. Aliso Canyon 151 ac (61ha) Not designated, did not 113 ac (46 ha) (+) 113 ac (46 ha) meet the definition of critical habitat

Unit 4: Southern Orange County

4a. Arroyo Trabuco 74 ac (30 ha) Not designated, did not N/A no change meet the definition of critical habitat

4b. Caspers Wilderness 259 ac (105 ha) 259 ac (105 ha); Excluded 205 ac (83 ha) (-) 54 ac (22 ha) Park under section 4(b)(2)

4c. Can˜ada Gobernadora/ 311 ac (126 ha) 311 ac (126 ha); Excluded 133 ac (54 ha) (-) 178 ac (72 ha) Chiquita Ridgeline under section 4(b)(2)

4d. Prima Deschecha 119 ac (48 ha) Not designated, did not N/A no change meet the definition of critical habitat

4e. Forster Ranch 96 ac (39 ha) Not designated, did not N/A no change meet the definition of critical habitat

4f. Talega/Segunda 190 ac (77 ha) Not designated, did not N/A no change Deshecha meet the definition of critical habitat

4g. Cristianitos Canyon 588 ac (238 ha) 588 ac (238 ha); Excluded 587 ac (238 ha) (-) 1ac (0.4 ha) under section 4(b)(2)

4h. Cristianitos Canyon 72 ac (29 ha) Not designated, did not N/A no change South meet the definition of critical habitat

4i. Blind Canyon 151 ac (61 ha) Not designated, did not N/A no change meet the definition of critical habitat

Unit 5: Northern San Diego County

5a. Miller Mountain 1,263 ac (511 ha) Not designated, mostly Not proposed, only no change hybrid plants Brodiaea santarosae present

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TABLE 2. SIZE AND EVALUATION OF UNITS AND SUBUNITS FOR Brodiaea filifolia IN 2004 PROPOSED CRITICAL HABITAT (PCH)—Continued 2005 final critical habitat (fCH), and 2009 proposed revised critical habitat (prCH), and a comparison of the area considered to meet the definition of critical habitat between the 2005 fCH and 2009 prCH.

Unit/Subunit Number and Name 2004 pCH 2005 fCH 2009 prCH Change from fCH to prCH

5b. Devil Canyon 264 ac (107ha) 249 ac (101 ha) 274 ac (111 ha) (+) 25 ac (10 ha)

Unit 6: Oceanside

6a. Alta Creek 49 ac (20 ha) Not designated, did not 72 ac (29 ha) (+) 72 ac (29 ha) meet the definition of critical habitat

6b. Mesa Drive 5 ac (2 ha) 5 ac (2 ha); Excluded 17 ac (7 ha) (+) 12 ac (5 ha) under section 4(b)(2)

6c. Oceanside East/ 64 ac (26 ha) Not designated, did not 12 ac (5 ha) (+) 12 ac (5 ha) Mission Avenue meet the definition of critical habitat

6d. Taylor/Darwin 80 ac (32 ha) 36 ac (15 ha); Excluded 35 ac (14 ha) (-) 45 ac (18 ha) under section 4(b)(2)

6e. Arbor Creek N/A N/A 94 ac (38 ha) (+) 94 ac (38 ha)

Unit 7: Carlsbad

7a. Fox-Miller (Letterbox 93 ac (38 ha) 93 ac (38 ha); Excluded 57 ac (23 ha) (-) 36 ac (15 ha) Canyon) under section 4(b)(2)

7b. Rancho Carrillo 32 ac (13 ha); Excluded Not designated, did not 37 ac (15 ha) (+) 37 ac (15 ha) under section 4(b)(2) meet the definition of critical habitat

7c. Calvera Hills 84 ac (34 ha); Excluded 84 ac (34 ha); Excluded 71 ac (29 ha) (-) 13 ac (5 ha) under section 4(b)(2) under section 4(b)(2)

7d. Villages of La Costa 208 ac (84 ha); Excluded 208 ac (84 ha); Excluded 98 ac (40 ha) (-) 110 ac (45 ha) (Rancho La Costa) under section 4(b)(2) under section 4(b)(2)

Carlsbad Oaks 113 ac (46 ha); Excluded 113 ac (46 ha); Excluded Not proposed, does not (-) 113 ac (46 ha) under section 4(b)(2) under section 4(b)(2) meet the definition of critical habitat

Carlsbad Highlands 70 ac (29 ha); Excluded 70 ac (29 ha); Excluded Not proposed, does not (-) 70 ac (29 ha) under section 4(b)(2) under section 4(b)(2) meet the definition of critical habitat

Poinsettia 54 ac (22 ha); Excluded 54 ac (22 ha); Excluded Not proposed, does not (-) 54 ac (22 ha) under section 4(b)(2) under section 4(b)(2) meet the definition of critical habitat

Unit 8: San Marcos and Vista

8a. Rancho Santa Fe 86 ac (35 ha) Not designated, did not N/A no change Road North meet the definition of critical habitat

8b. Rancho Santalina/ 82 ac (33 ha) Not included under sec- 47 ac (19 ha) (+) 47 ac (19 ha) Loma Alta tion 3(5)(a)

8c. Grand Avenue 10 ac (4 ha) Not designated, did not N/A no change meet the definition of critical habitat

8d. Upham 117 ac (47 ha) 54 ac (22 ha) 54 ac (22 ha) no change

8e. Linda Vista 20 ac (8 ha) Not designated, did not N/A no change meet the definition of critical habitat

8f. Oleander/San Marcos N/A N/A 7 ac (3 ha) (+) 7 ac (3 ha) Elementary

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Unit/Subunit Number and Name 2004 pCH 2005 fCH 2009 prCH Change from fCH to prCH

Unit 9

9. Double LL Ranch 57 ac (23 ha) Not designated, did not N/A no change meet the definition of critical habitat

Unit 10

10. Highland Valley 74 ac (30 ha) Not designated, did not N/A no change meet the definition of critical habitat

Unit 11: Western Riverside County

11a. San Jacinto Wildlife 512 ac (207 ha); Excluded 512 ac (207 ha); Excluded 401 ac (162 ha) (-) 110 ac (45 ha) Area under section 4(b)(2) under section 4(b)(2)

11b. San Jacinto Avenue/ 168 ac (68 ha); Excluded 168 ac (68 ha); Excluded 117 ac (47 ha) (-) 51 ac (21 ha) Dawson Road under section 4(b)(2) under section 4(b)(2)

11c. Case Road 373 ac (151 ha); Excluded 373 ac (151 ha); Excluded 180 ac (73 ha) (-) 193 ac (78 ha) under section 4(b)(2) under section 4(b)(2)

11d. Railroad Canyon 432 ac (175 ha); Excluded 432 ac (175 ha); Excluded 257 ac (104 ha) (-) 175 ac (71 ha) under section 4(b)(2) under section 4(b)(2)

11e. Upper Salt Creek 131 ac (53 ha); Excluded 131 ac (53 ha); Excluded 145 ac (59 ha) (+) 14 ac (6 ha) (Stowe Pool) under section 4(b)(2) under section 4(b)(2)

11f. Santa Rosa Plateau 519 ac (210 ha); Excluded 519 ac (210 ha); Excluded 234 ac (95 ha) (-) 285 ac (115 ha) — Mesa de Colorado under section 4(b)(2) under section 4(b)(2)

Santa Rosa Plateau — 304 ac (123 ha); Excluded 304 ac (123 ha); Excluded Not proposed; only (-) 304 ac (123 ha) Tenaja Rd. under section 4(b)(2) under section 4(b)(2) Brodiaea santarosae present

11g. Santa Rosa Plateau 218 ac (88 ha); Excluded 218 ac (88 ha); Excluded 117 ac (47 ha) (-) 101 ac (41 ha) — South of Tenaja Rd. under section 4(b)(2) under section 4(b)(2)

11h. Santa Rosa Plateau 111 ac (45 ha); Excluded 111 ac (45 ha); Excluded 44 ac (18 ha) (-) 67 ac (27 ha) — North of Tenaja Rd. under section 4(b)(2) under section 4(b)(2)

East of Tenaja Guard 218 ac (88 ha); Excluded 218 ac (88 ha); Excluded Not proposed, does not (-) 218 ac (88 ha) Station under section 4(b)(2) under section 4(b)(2) meet the definition of critical habitat

N. End Redondo Mesa 77 ac (31 ha); Excluded 77 ac (31 ha); Excluded Not proposed, does not (-) 77 ac (31 ha) under section 4(b)(2) under section 4(b)(2) meet the definition of critical habitat

Corona (north) 74 ac (30 ha); Excluded Not designated, did not N/A no change under section 4(b)(2) meet the definition of critical habitat

Corona (south) 67 ac (27 ha); Excluded Not designated, did not N/A no change under section 4(b)(2) meet the definition of critical habitat

Moreno Valley 64 ac (26 ha); Excluded Not designated, did not N/A no change under section 4(b)(2) meet the definition of critical habitat

Unit 12: Central San Diego County - Artesian Trails

12. Artesian Trails N/A N/A 109 ac (44 ha) (+) 109 ac (44 ha)

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Unit/Subunit Number and Name 2004 pCH 2005 fCH 2009 prCH Change from fCH to prCH

TOTAL FOR 8,486 ac (3,434 ha) 5,480 ac (2,218 ha) 3,786 ac (1,532 ha) (-) 1,695 ac (686 ha) NON-MILITARY LANDS

MCB Camp Pendleton

Cristianitos Canyon N/A N/A 190 ac (77 ha); 4(a)(3) ex- (+) 190 ac (77 ha) Pendleton emption

Bravo One 121 ac (41 ha); Excluded 121 ac (41 ha); 4(a)(3) ex- 143 ac (58 ha); 4(a)(3) ex- (+) 22 ac (9 ha) under section 4(b)(2) emption emption

Bravo Two South N/A N/A 269 ac (109 ha); 4(a)(3) (+) 269 ac (109 ha) exemption

Alpha One/Bravo Three 114 ac (46 ha); Excluded 114 ac (46 ha); 4(a)(3) ex- Does not meet the defini- (-) 114 ac (46 ha) under section 4(b)(2) emption tion of critical habitat

Basilone/San Mateo N/A N/A 163 ac (66 ha); 4(a)(3) ex- (+) 163 ac (66 ha) Junction emption

Camp Horno 452 ac (183 ha); Excluded 452 ac (183 ha); 4(a)(3) 339 ac (137 ha); 4(a)(3) (-) 113 ac (46 ha) under section 4(b)(2) exemption exemption

SE Horno Summit 116 ac (47 ha); Excluded 116 ac (47 ha); 4(a)(3) ex- Does not meet the defini- (-) 116 ac (47 ha) under section 4(b)(2) emption tion of critical habitat

Kilo One 114 ac (46 ha); Excluded 114 ac (46 ha); 4(a)(3) ex- Does not meet the defini- (-) 114 ac (46 ha) under section 4(b)(2) emption tion of critical habitat

Pilgrim Creek N/A N/A 368 ac (149 ha); 4(a)(3) (+) 368 ac (149 ha) exemption

South White Beach N/A N/A 59 ac (24 ha); 4(a)(3) ex- (+) 59 ac (24 ha) emption

TOTAL FOR MILITARY 917 ac (371 ha) 917 ac (371 ha); 4(a)(3) 1,531 ac (620 ha) (+) 614 ac (249 ha) LANDS3 exemption

TOTAL AREA THAT 9,403 ac (3,805 ha) 6,397 ac (2,589 ha) 5,317 ac (2,152 ha) (-) 1,080 ac (438 ha) MEETS (or MET) THE DEFINITION OF CRITICAL HABITAT 1This table does not include all locations that are occupied by Brodiaea filifolia. It includes only those locations that have met the definition of critical habitat in this or one of the past proposed or final critical habitat rules for B. filifolia. 2Values in this table may not sum due to rounding. 3Military Lands are exempt from this rule under section 4(a)(3) of the Act.

TABLE 3. NAME CHANGES FROM PREVIOUS CRITICAL HABITAT TO THIS PROPOSED REVISED CRITICAL HABITAT.

Subunit number Previous name Current name Reason for change

6c Oceanside East/Mission Ave Mission View/Sierra Ridge Not the eastern most occurrence in Oceanside

7a Fox-Miller Letterbox Canyon Includes more properties that just Fox-Miller

7c Calavera Heights Calavera Hills Village H New name is more specific

11b San Jacinto Floodplain San Jacinto Avenue/Dawson Road New name is more specific

11c Case Road Area Case Road New name is more specific

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(1) We refined the PCEs to more than we identified in the 2005 rule (this were occupied at the time of listing accurately define the physical and calculation does not include the (Subunit 8f and Unit 12). Second, we biological features that are essential to changes made on military lands exempt have new information on four areas the conservation of Brodiaea filifolia. under section 4(a)(3) of the Act, see containing substantial occurrences that We added a new part under PCE 1 (PCE Table 2). This reduction is primarily were proposed as critical habitat in 2004 1B) to more clearly define the soils due to our attempt to better represent but not designated in the 2005 final rule where B. filifolia occurs in San the areas that contain the physical and because at that time the data did not Bernardino County. We added biological features essential to the indicate these areas were substantial information to PCE 2 to indicate that conservation of B. filifolia. In the 2005 occurrences (Unit 3 and Subunits 6a, 6c, land out up to 820 ft (250 m) from final rule, we used a 100-meter grid and 7b). We now have information, mapped occurrences contains the resolution to delineate critical habitat. mostly in the form of updated surveys, physical and biological features In this proposed revised rule, we did indicating that these areas contain essential to the conservation of B. not use the 100-meter grid mapping substantial occurrences of B. filifolia filifolia because that area provides methodology. Instead we directly and meet the definition of critical habitat for insect species that pollinate mapped the areas containing the PCEs. habitat (see Criteria 2 above under the B. filifolia and allow this species to We believe the result is a more precise ‘‘Criteria Used To Identify Critical sexually reproduce. This information mapping of the proposed critical Habitat’’ section). Third, we added two was discussed in the 2005 final critical habitat. However, we acknowledge that areas where the previously identified habitat; however, it was not specifically there still may be some areas mapped as subunits were placed in the wrong included in the PCEs. critical habitat that do not contain the locations and did not contain the actual (2) We revised the criteria used to PCEs due to mapping, data, and occurrences of B. filifolia that they were identify critical habitat. We started by resource constraints. intended to contain (Unit 2 and Subunit using the basic criteria used in the 2005 (4) In the 2005 rule, we excluded 11e); we have now identified and final critical habitat designation. subunits under section 4(b)(2) of the Act mapped the correct areas. Fourth, we However, in this proposed revised within the planning boundaries for: (a) added land to seven proposed subunits critical habitat we gathered new data The Orange County Southern Subregion where new survey data indicated these available since the publication of the HCP, (b) the draft City of Oceanside lands contain the physical and 2005 rule and reevaluated all of the Subarea Plan and the City of Carlsbad’s biological features essential to the Brodiaea filifolia data available to HMP under the MHCP, (c) the Villages conservation of B. filifolia (Subunits 4g, ensure that this proposed rule reflected of La Costa HCP, and (d) the Western 5b, 6a, 6b, 7a, 11a, and 11f). the best available science. With the Riverside County MSHCP (see Table 2 additional data and our reevaluation of for the specific subunits excluded). In (6) New information also resulted in the available data, some of our this proposed revised critical habitat the removal of areas previously conclusions were different than those rule, we identified several areas we are identified as meeting the definition of we made in the 2005 critical habitat considering for exclusion under section critical habitat for Brodiaea filifolia. designation. As a result, some areas 4(b)(2) of the Act, as follows: (a) The First, ten areas identified as meeting the identified as meeting the definition of Orange County Southern Subregion definition of critical habitat in the 2004 critical habitat in the 2005 designation HCP, (b) the City of Carlsbad’s HMP proposed rule are not proposed in this are not included in this proposed rule under the MHCP (which includes the revision of critical habitat. The best (such as areas on Santa Rosa Plateau Villages of La Costa Habitat available scientific and commercial data that support B. santarosae instead of B. Conservation Plan), (c) the Western indicates that these occurrences do not filifolia and areas in the City of Carlsbad Riverside County MSHCP, and (d) the meet the criteria in this proposed rule that contain smaller occurrences of B. City and County of San Diego Subarea to identify areas containing the essential filifolia that did not meet any of our Plans under the MSCP (see the Areas physical and biological features three criteria), and other areas were Considered for Exclusion Under Section (Carlsbad Oaks, Carlsbad Highlands, included in this proposed rule that were 4(b)(2) of the Act section). The Villages Poinsettia, East of Tenaja Guard Station, not identified as meeting the definition of La Costa HCP is included within North end of Redondo Mesa, three areas of critical habitat in the 2005 (considered part of) the City of on Marine Corps Base Camp Pendleton, designation (such as areas in existence Carlsbad’s HMP under the MHCP; Unit 9/Double LL Ranch, and Unit 10/ at the time of listing, but not evaluated therefore, all proposed critical habitat Highland Valley). Second, we are not or included due to lack of surveys for that overlaps with the Villages of La proposing two areas where the new B. filifolia). We described the steps that Costa HCP is being considered for species of Brodiaea, B. santarosae, was we used to identify and delineate the exclusion under the City of Carlsbad’s found and no B. filifolia was found areas that we are proposing as critical HMP. We are currently not considering (Santa Rosa Plateau — Tenaja Rd. and habitat in more detail compared to the the exclusion of critical habitat within Subunit 5a/Miller Mountain). These 2005 critical habitat designation to the area covered by the draft City of areas were thought to contain both pure ensure that the public better Oceanside Subarea Plan (which was B. filifolia and hybrid B. filifolia in the understands why the areas are being excluded previously). The exclusions in past; however, current data indicates proposed as critical habitat. the final revised critical habitat that these areas only contain B. (3) We improved our mapping designation could differ from the santarosae. Third, in 14 proposed methodology to more accurately define exclusions we made in the 2005 final subunits we are not proposing specific those areas that possess the physical critical habitat designation. areas that previously (in the 2005 rule) and biological features essential to the (5) New information resulted in met the definition of critical habitat conservation of the species and to more additional areas being identified as because these specific areas do not precisely draw critical habitat meeting the definition of critical habitat contain the physical and biological boundaries. This proposed revised rule for Brodiaea filifolia. First, we added features essential to the conservation of identifies 1,695 (686 ha) considered to two areas that are newly discovered to B. filifolia (portions of Subunits 1a, 1b, contain the features essential to the support occurrences of B. filifolia; 4b, 4c, 4g, 6c, 6d, 7c, 7d, 11a, 11b, 11c, conservation of Brodiaea filifolia less however, we believe that these areas 11d, and 11f). More information about

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the units and subunits that contain the the Artesian Trails area in San Diego protection. We are not proposing any physical and biological features County that is now included based on areas outside the geographical area essential to the conservation of B. new data on occurrences in this area. To occupied by the species at the time of filifolia and are proposed as revised minimize confusion with the previous listing because we determined that the critical habitat are described in greater proposal and designation we are not lands we are proposing as critical detail in the Proposed Revised Critical using Unit numbers 9 and 10 in this rule habitat are adequate to ensure Habitat Designation section. (see Table 2 and Summary of Changes conservation of B. filifolia. The lands Proposed Revised Critical Habitat From Previously Designated Critical proposed as revised critical habitat Designation Habitat section). represent a subset of the total lands We are proposing 3,786 ac (1,532 ha) The areas we describe below occupied by B. filifolia. Table 4 in 10 units, subdivided into 28 subunits constitute our best assessment at this identifies the approximate area of each as revised critical habitat for Brodiaea time of areas that meet the definition of proposed critical habitat subunit by filifolia. The unit numbers in this critical habitat for Brodiaea filifolia. land ownership. These subunits, which proposed rule correspond to those used These areas constitute our best generally correspond to the geographic in the 2004 proposed rule and the 2005 assessment of areas determined to be area of the subunits delineated in the final rule; however, Units 9 and 10 are within the geographical area occupied at 2005 designation (see Table 2 for a not proposed and Units 11 and 12 are the time of listing that contain the detailed comparison of this proposed new to this proposed rule. Unit 11 physical and biological features rule and the 2005 designation), if represents lands in Riverside County essential to the conservation of B. finalized, will replace the current excluded from the 2005 designation of filifolia that may require special critical habitat designation for B. filifolia critical habitat and Unit 12 represents management considerations or in 50 CFR 17.96(a).

TABLE 4. AREA ESTIMATES IN ACRES (AC) AND HECTARES (HA), AND LAND OWNERSHIP FOR Brodiaea filifolia PROPOSED REVISED CRITICAL HABITAT.

Ownership Location Total Area2 Federal State Government Local Government Private

Unit 1: Los Angeles County

1a. Glendora 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 67 ac (27 ha) 67 ac (27 ha)

1b. San Dimas 13 ac (5 ha) 0 ac (0 ha) 0 ac (0 ha) 125 ac (51 ha) 138 ac (56 ha)

Unit 2: San Bernardino County

2. Arrowhead Hot 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 61 ac (25 ha) 61 ac (25 ha) Springs

Unit 3: Central Orange County

3. Aliso Canyon 0 ac (0 ha) 0 ac (0 ha) 113 ac (46 ha) 0 ac (0 ha) 113 ac (46 ha)

Unit 4: Southern Orange County

4b. Caspers 0 ac (0 ha) 0 ac (0 ha) 185 ac (75 ha) 20 ac (8 ha) 205 ac (83 ha) Wilderness Park

4c. Can˜ada 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 133 ac (54 ha) 133 ac (54 ha) Gobernadora/ Chiquita Ridgeline

4g. Cristianitos 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 587 ac (238 ha) 587 ac (238 ha) Canyon

Unit 5: Northern San Diego County

5b. Devil Canyon 266 ac (108 ha) 0 ac (0 ha) 0 ac (0 ha) 8 ac (3 ha) 274 ac (111ha)

Unit 6: Oceanside

6a. Alta Creek 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 72 ac (29 ha) 72 ac (29 ha)

6b. Mesa Drive 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 17 ac (7 ha) 17 ac (7 ha)

6c. Mission View/ 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 12 ac (5 ha) 12 ac (5 ha) Sierra Ridge

6d. Taylor/Darwin 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 35 ac (14 ha) 35 ac (14 ha)

6e. Arbor Creek 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 94 ac (38 ha) 94 ac (38 ha)

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TABLE 4. AREA ESTIMATES IN ACRES (AC) AND HECTARES (HA), AND LAND OWNERSHIP FOR Brodiaea filifolia PROPOSED REVISED CRITICAL HABITAT.—Continued

Ownership Location Total Area2 Federal State Government Local Government Private

Unit 7: Carlsbad

7a. Letterbox Canyon 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 57 ac (23 ha) 57 ac (23 ha)

7b. Rancho Carrillo 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 37 ac (15 ha) 37 ac (15 ha)

7c. Calavera Hills 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 71 ac (29 ha) 71 ac (29 ha) Village H

7d. Rancho La Costa 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 98 ac (40 ha) 98 ac (40 ha)

Unit 8: San Marcos and Vista

8b. Rancho Santalina/ 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 47 ac (19 ha) 47 ac (19 ha) Loma Alta

8d. Upham 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 54 ac (22 ha) 54 ac (22 ha)

8f. Oleander/San 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 7 ac (3 ha) 7 ac (3 ha) Marcos

Unit 9: Double LL Ranch - No longer proposed

Unit 10: Highland Valley - No longer proposed

Unit 11: Western Riverside County

11a. San Jacinto 0 ac (0 ha) 385 ac (156 ha) 0 ac (0 ha) 16 ac (6 ha) 401 ac (162 ha) Wildlife Area

11b. San Jacinto 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha) 117 ac (47 ha) Avenue/ Dawson Road

11c. Case Road 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 180 ac (73 ha) 180 ac (73 ha)

11d. Railroad Canyon 53 ac (21 ha) 0 ac (0 ha) 0 ac (0 ha) 205 ac (83 ha) 257 ac (104 ha)

11e. Upper Salt Creek 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 145 ac (59 ha) 145 ac (59 ha) (Stowe Pool)

11f. Santa Rosa 0 ac (0 ha) 221 ac (89 ha) 5 ac (2 ha) 8 ac (3 ha) 234 ac (95 ha) Plateau – Mesa de Colorado

11g. Santa Rosa 0 ac (0 ha) 117 ac (47 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha) Plateau – South of Tenaja Road

11h. Santa Rosa 0 ac (0 ha) 44 ac (18 ha) 0 ac (0 ha) 0 ac (0 ha) 44 ac (18 ha) Plateau – North of Tenaja Road

Unit 12: Central San Diego County - Artesian Trails

12. Artesian Trails 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 109 ac (44 ha) 109 ac (44 ha)

Total 2 332 ac (134 ha) 766 ac (310 ha) 303 ac (123 ha) 2,385 ac (965 ha) 3,786 ac (1,532 ha)

1 1,531 ac (620 ha) of federally owned land on MCB Camp Pendleton is exempt from this critical habitat (see EXEMPTIONS UNDER SECTION 4(A)(3) OF THE ACT section). 2 Values in this table may not sum due to rounding.

Presented below are brief descriptions Unit 1: Los Angeles County contains 13 ac (5 ha) of federally owned of all subunits and reasons why they land and 192 ac (78 ha) of private land. meet the definition of critical habitat for Unit 1 is located in Los Angeles Subunit 1a: Glendora Brodiaea filifolia. The subunits are County and consists of two subunits listed in order geographically north to totaling 206 ac (83 ha). This unit Subunit 1a consists of 67 ac (27 ha) south and west to east. of private land in the City of Glendora,

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in the foothills of the San Gabriel 37). The physical and biological features included in the 2005 final critical Mountains in Los Angeles County. essential to the conservation of the habitat designation but is included in Lands within this subunit contain species in this subunit may require this proposed rule based on new Cieneba-Exchequer-Sobrante soils, a special management considerations or information related to the distribution of type of silty loam, and consist primarily protection to address threats from urban Brodiaea filifolia. Lands within this unit of northern mixed chaparral and coastal development on private lands, contain clay loam or other types of loam sage scrub habitat. Subunit 1a contains including minimizing disturbance to the and consist of annual and needlegrass the physical and biological features surface and subsurface structure. Please grassland. Unit 3 contains the physical essential to the conservation of Brodiaea see the ‘‘Special Management and biological features essential to the filifolia because it (1) contains the PCEs Considerations or Protection’’ section of conservation of B. filifolia because it (1) for B. filifolia, including sandy loam this proposed rule for a discussion of contains the PCEs for B. filifolia, soils (PCE 1E) and areas with a natural, the threats to B. filifolia habitat and including loamy soils underlain by a generally intact surface and subsurface potential management considerations. clay subsoil (PCE 1A) and areas with a soil structure that support B. filifolia natural, generally intact surface and Unit 2: San Bernardino County – and pollinator habitat (PCE 2); (2) subsurface soil structure that support B. Arrowhead Hot Springs supports a rare or unique occurrence, filifolia and pollinator habitat (PCE 2); representing one of two occurrences Unit 2 is located in San Bernardino and (2) supports an occurrence of at located in the foothills of the San County and consists of 61 ac (25 ha) of least 5,000 individuals of B. filifolia, as Gabriel Mountains part of the private land at the southwestern base of documented in 2001 (CNDDB 2009, p. Transverse Ranges where the species the San Bernardino Mountains. This 51). Although this occurrence is was historically found; and (3) supports unit was not included in the 2005 final protected from urban development as a stable, persistent occurrence. The site critical habitat designation but is part of Aliso and Wood Canyons is owned and managed by the Glendora included in this proposed rule based on Wilderness Park, these lands are Community Conservancy (GCC). The new information related to the managed for recreational use and not GCC has expressed interest in creating distribution of Brodiaea filifolia. Lands specifically for the conservation of B. a management plan for their land; within this unit contain Cieneba-rock filifolia. The physical and biological however, the plan has not been outcrop complex and Ramona family- features essential to the conservation of completed at this time. The physical Typic Xerothents soils altered by the species in this subunit may require and biological features essential to the hydrothermal activity, some of which special management considerations or conservation of the species in this are considered alluvial, and consist protection to address threats from fuel subunit may require special primarily of coastal sage scrub habitat. management activities (annual mowing) management considerations or Unit 2 contains the physical and and pipeline work. Please see the protection to address threats from biological features essential to the ‘‘Special Management Considerations or nonnative invasive plants. Please see conservation of B. filifolia because it (1) Protection’’ section of this proposed rule the ‘‘Special Management contains the PCEs for B. filifolia, for a discussion of the threats to B. Considerations or Protection’’ section of including soils altered by hydrothermal filifolia habitat and potential this proposed rule for a discussion of activity (PCE 1B) and areas with a management considerations. the threats to B. filifolia habitat and natural, generally intact surface and Unit 4: Southern Orange County potential management considerations. subsurface soil structure that support B. filifolia and pollinator habitat (PCE 2); Unit 4 is located in southern Orange Subunit 1b: San Dimas (2) supports a rare or unique occurrence, County and consists of three subunits Subunit 1b consists of 13 ac (5 ha) representing the only occurrence of this totaling 925 ac (374 ha). This unit Federal land (Angeles National Forest) plant in the foothills of the San contains 185 ac (75 ha) of local and 125 ac (51 ha) of private land near Bernardino Mountains part of the government land and 740 ac (299 ha) of the City of San Dimas in the foothills of Transverse Ranges where the species private land. the San Gabriel Mountains in Los was historically found, and representing Subunit 4b: Caspers Wilderness Park Angeles County. Lands within this the type locality for B. filifolia (Niehaus subunit contain Cieneba-Exchequer- 1971, p. 57; CNDDB 2009, p. 7); and (3) Subunit 4b consists of 185 ac (75 ha) Sobrante soils, a type of silty loam, and supports a stable, persistent occurrence. of local government land in Caspers consist primarily of northern mixed The physical and biological features Wilderness Park and 20 ac (8 ha) of chaparral and coastal sage scrub habitat. essential to the conservation of the private land in the City of San Juan Subunit 1b contains the physical and species in this subunit may require Capistrano, in the southwestern region biological features essential to the special management considerations or of the Santa Ana Mountains, southern conservation of Brodiaea filifolia protection to address threats from Orange County. Lands within this because it (1) contains the PCEs for B. nonnative invasive plants. Please see proposed subunit contain clay loam, filifolia, including sandy loam soils the ‘‘Special Management sandy loam, or rocky outcrop, and (PCE 1E) and areas with a natural, Considerations or Protection’’ section of consist primarily of grassland and generally intact surface and subsurface this proposed rule for a discussion of sagebrush-buckwheat scrub habitat. soil structure that support B. filifolia the threats to B. filifolia habitat and Subunit 4b contains the physical and and pollinator habitat (PCE 2); (2) potential management considerations. biological features essential to the supports a rare or unique occurrence, conservation of Brodiaea filifolia representing one of two occurrences Unit 3: Central Orange County – Aliso because it (1) contains the PCEs for B. located in the foothills of the San Canyon filifolia, including clay soils and loamy Gabriel Mountains part of the Unit 3 is located in central Orange soils underlain by a clay subsoil (PCE Transverse Ranges where the species County and consists of 113 ac (46 ha) of 1A), and areas with a natural, generally was historically found; and (3) supports local government land in Aliso and intact surface and subsurface soil an occurrence of at least 6,000 Wood Canyons Wilderness Park, in the structure that support B. filifolia and individuals of B. filifolia, as City of Laguna Niguel, southwestern pollinator habitat (PCE 2); and (2) documented in 1990 (CNDDB 2009, p. Orange County. This unit was not supports a stable, persistent occurrence.

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This subunit is located in the foothills under section 4(b)(2) of the Act because woodland vegetation. Subunit 5b of the Santa Ana Mountains and this subunit is within the area addressed contains the physical and biological represents the highest elevation and by the Orange County Southern features essential to the conservation of northernmost occurrence in Orange Subregion HCP; please see the Areas Brodiaea filifolia because it (1) contains County. Ninety percent of this Considered for Exclusion Under Section the PCEs for B. filifolia, including sandy occurrence is protected from urban 4(b)(2) of the Act section of this loam soils (PCE 1E) and areas with a development as part of Caspers proposed rule for a discussion about our natural, generally intact surface and Wilderness Park; these lands will be consideration to exclude this area. subsurface soil structure that support B. managed and monitored in accordance filifolia and pollinator habitat (PCE 2); Subunit 4g: Cristianitos Canyon with the Orange County Southern (2) supports an occurrence in rare and Subregion HCP for conservation of B. Subunit 4g consists of 587 ac (238 ha) unique habitat, representing one of the filifolia. The physical and biological of privately owned land in Cristianitos few places where this species occurs in features essential to the conservation of Canyon on Rancho Mission Viejo in a drainage in oak woodland habitat and the species in this subunit may require southern Orange County. Lands within occurring in unusual seeps and special management considerations or this subunit are underlain by clay and drainages on low granitic outcrops; and protection to address threats from sandy loam soils and consist primarily (3) supports a stable, persistent nonnative invasive plants. Please see of annual grassland and needlegrass occurrence. The Cleveland National the ‘‘Special Management grassland. Subunit 4g contains the Forest does not currently have a Considerations or Protection’’ section of physical and biological features management plan specific to B. filifolia; this proposed rule for a discussion of essential to the conservation of Brodiaea however, timing of cattle grazing has the threats to B. filifolia habitat and filifolia because it (1) contains the PCEs been adjusted to avoid the flowering potential management considerations. for B. filifolia, including clay soils and period for the species (Winter 2004, We are considering the portion of this loamy soils underlain by a clay subsoil pers. comm.). The physical and subunit owned by Orange County at (PCE 1A), and areas with a natural, biological features essential to the Caspers Wilderness Park (185 ac (75 ha)) generally intact surface and subsurface conservation of the species in this for exclusion under section 4(b)(2) of soil structure that support B. filifolia subunit may require special the Act because this subunit is within and pollinator habitat (PCE 2); (2) management considerations or the area addressed by the Orange supports an occurrence in rare and protection to address threats from County Southern Subregion HCP; please unique habitat, representing one of the nonnative invasive plants. Please see see the Areas Considered for Exclusion few places where this species occurs in the ‘‘Special Management Under Section 4(b)(2) of the Act section needlegrass grassland in Orange County; Considerations or Protection’’ section of of this proposed rule for a discussion and (3) supports an occurrence of at this proposed rule for a discussion of about our consideration to exclude this least 6,505 individuals of B. filifolia, as the threats to B. filifolia habitat and area. documented in 2003 (Dudek and potential management considerations. Associates, Inc. 2006, Chapter 3 pp. 73- Subunit 4c: Can˜ ada Gobernadora/ 74, 83; Service 2007, pp. 149-150). The Unit 6: Oceanside, San Diego County Chiquita Ridgeline physical and biological features Unit 6 is located in Oceanside, San Subunit 4c consists of 133 ac (54 ha) essential to the conservation of the Diego County and consists of five of private land in and around Can˜ ada species in this subunit may require subunits totaling 231 ac (93 ha) of Gobernadora on Rancho Mission Viejo special management considerations or private land. in southern Orange County. Lands protection to address threats from the Subunit 6a: Alta Creek within this subunit contain clay, clay indirect effects associated with urban loam, or sandy loam and consist development. Please see the ‘‘Special Subunit 6a consists of 72 ac (29 ha) primarily of dry-land agriculture and Management Considerations or of private land in the City of Oceanside, sagebrush-buckwheat scrub habitat. Protection’’ section of this proposed rule in northern coastal San Diego County. Subunit 4c contains the physical and for a discussion of the threats to B. This subunit was not included in the biological features essential to the filifolia habitat and potential 2005 final critical habitat designation conservation of Brodiaea filifolia management considerations. We are but is included in this proposed rule because it (1) contains the PCEs for B. considering this subunit for exclusion based on new information related to the filifolia, including clay soils and loamy under section 4(b)(2) of the Act because distribution of Brodiaea filifolia. Lands soils underlain by a clay subsoil (PCE this subunit is within the area addressed within this subunit contain fine sandy 1A), and areas with a natural, generally by the Orange County Southern loam, loam, or loamy fine sand and intact surface and subsurface soil Subregion HCP; please see the Areas consist primarily of coastal sage scrub structure that support B. filifolia and Considered for Exclusion Under Section habitat. Subunit 6a contains the pollinator habitat (PCE 2); and (2) 4(b)(2) of the Act section of this physical and biological features supports a stable, persistent occurrence. proposed rule for a discussion about our essential to the conservation of B. The physical and biological features consideration to exclude this area. filifolia because it (1) contains the PCEs essential to the conservation of the for B. filifolia, including loamy soils species in this subunit may require Unit 5: Northern San Diego County – underlain by a clay subsoil (PCE 1A) special management considerations or Devil Canyon and areas with a natural, generally protection to address threats from the Subunit 5b consists of 266 ac (108 ha) intact surface and subsurface soil indirect effects associated with urban Federal land (Cleveland National Forest) structure that support B. filifolia and development. Please see the ‘‘Special and 8 ac (3 ha) of private land in pollinator habitat (PCE 2); and (2) Management Considerations or northern San Diego County. Lands supports a stable, persistent occurrence. Protection’’ section of this proposed rule within this subunit contain Cieneba The physical and biological features for a discussion of the threats to B. Very Rocky Coarse Sandy Loam, essential to the conservation of the filifolia habitat and potential Fallbrook Sandy Loam, and Cieneba species in this subunit may require management considerations. We are Coarse Sandy Loam soils and consist special management considerations or considering this subunit for exclusion primarily of chaparral and oak protection to address threats from the

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indirect effects associated with urban Management Considerations or special management considerations or development. Please see the ‘‘Special Protection’’ section of this proposed rule protection to address threats from Management Considerations or for a discussion of the threats to B. nonnative invasive plants and urban Protection’’ section of this proposed rule filifolia habitat and potential development. Please see the ‘‘Special for a discussion of the threats to B. management considerations. Management Considerations or filifolia habitat and potential Protection’’ section of this proposed rule Subunit 6d: Taylor/Darwin management considerations. for a discussion of the threats to B. Subunit 6d consists of 35 ac (14 ha) filifolia habitat and potential Subunit 6b: Mesa Drive of private land in the City of Oceanside, management considerations. Subunit 6b consists of 17 ac (7 ha) of in northern coastal San Diego County. private land in the City of Oceanside, in Lands within this subunit contain clay Unit 7: Carlsbad, San Diego County northern coastal San Diego County. soil and fine loamy sands and consist Unit 7 is located in Carlsbad, San Lands within this subunit contain primarily of annual and needlegrass Diego County and consists of four loamy fine sands and consist primarily grassland. Subunit 6d contains the subunits totaling 263 ac (106 ha) of of grassland habitat. Subunit 6b physical and biological features private land. contains the physical and biological essential to the conservation of Brodiaea Subunit 7a: Letterbox Canyon features essential to the conservation of filifolia because it (1) contains the PCEs Brodiaea filifolia because it (1) contains for B. filifolia, including loamy soils Subunit 7a consists of 57 ac (23 ha) the PCEs for B. filifolia, including loamy underlain by a clay subsoil (PCE 1A) of private land in the City of Carlsbad, soils underlain by a clay subsoil (PCE and areas with a natural, generally in northern coastal San Diego County. 1A) and areas with a natural, generally intact surface and subsurface soil Lands within this subunit contain heavy intact surface and subsurface soil structure that support B. filifolia and clay soils and consist primarily of structure that support B. filifolia and pollinator habitat (PCE 2); and (2) annual grassland. Subunit 7a contains pollinator habitat (PCE 2); and (2) supports an occurrence of at least 6,200 the physical and biological features supports a stable, persistent occurrence. individuals of B. filifolia, as essential to the conservation of Brodiaea The physical and biological features documented in 2005 (CNDDB 2009, p. filifolia because it (1) contains the PCEs essential to the conservation of the 38). The site is conserved and will not for B. filifolia, including loamy soils species in this subunit may require be developed (Helix Environmental underlain by a clay subsoil (PCE 1A) special management considerations or Planning, Inc. 2004, p. 5-13). The and areas with a natural, generally protection to address threats from the physical and biological features intact surface and subsurface soil indirect effects associated with urban essential to the conservation of the structure that support B. filifolia and development and habitat disturbance on species in this subunit may require pollinator habitat (PCE 2); and (2) local government lands (Roberts 2005, special management considerations or supports an occurrence of at least pp. 1–3). Please see the ‘‘Special protection to address threats from 39,500 individuals of B. filifolia, as Management Considerations or nonnative invasive plants. Please see documented in 2005 (CNDDB 2009, p. Protection’’ section of this proposed rule the ‘‘Special Management 15). The site is conserved and will be for a discussion of the threats to B. Considerations or Protection’’ section of managed and monitored in perpetuity filifolia habitat and potential this proposed rule for a discussion of (Service and CDFG 2005, p. 1). The management considerations. the threats to B. filifolia habitat and physical and biological features potential management considerations. essential to the conservation of the Subunit 6c: Mission View/ Sierra Ridge species in this subunit may require Subunit 6e: Arbor Creek/Colucci Subunit 6c consists of 12 ac (5 ha) of special management considerations or private land in the City of Oceanside, in Subunit 6e consists of 94 ac (38 ha) protection to address threats from the northern coastal San Diego County. This of private land in the City of Oceanside, indirect effects associated with urban subunit was not included in the 2005 in northern coastal San Diego County. development. Please see the ‘‘Special final critical habitat designation but is This subunit was not included in the Management Considerations or included in this proposed rule based on 2005 final critical habitat designation Protection’’ section of this proposed rule new information related to the but is included in this proposed rule for a discussion of the threats to B. distribution of Brodiaea filifolia. Lands based on new information related to the filifolia habitat and potential within this subunit contain fine loamy distribution of Brodiaea filifolia. Lands management considerations. We are sands and consist primarily of coastal within this subunit contain clay soil and considering this subunit for exclusion sage scrub habitat. Subunit 6c contains fine loamy sands and consist primarily under section 4(b)(2) of the Act because the physical and biological features of annual and needlegrass grassland. this subunit is within the area addressed essential to the conservation of B. Subunit 6e contains the physical and by the Carlsbad HMP under the MHCP; filifolia because it (1) contains the PCEs biological features essential to the please see the Areas Considered for for B. filifolia, including loamy soils conservation of B. filifolia because it (1) Exclusion Under Section 4(b)(2) of the underlain by a clay subsoil (PCE 1A) contains the PCEs for B. filifolia, Act section of this proposed rule for a and areas with a natural, generally including loamy soils underlain by a discussion about our consideration to intact surface and subsurface soil clay subsoil (PCE 1A) and areas with a exclude this area. structure that support B. filifolia and natural, generally intact surface and pollinator habitat (PCE 2); and (2) subsurface soil structure that support B. Subunit 7b: Rancho Carrillo supports a stable, persistent occurrence. filifolia and pollinator habitat (PCE 2); Subunit 7b consists of 37 ac (15 ha) The physical and biological features and (2) supports a stable, persistent of private land in the City of Carlsbad, essential to the conservation of the occurrence, which occurs in the largest in northern coastal San Diego County. species in this subunit may require continuous block of grassland habitat This subunit was not included in the special management considerations or remaining in City of Oceanside. The 2005 final critical habitat designation protection to address threats from the physical and biological features but is included in this proposed rule indirect effects associated with urban essential to the conservation of the based on new information related to the development. Please see the ‘‘Special species in this subunit may require distribution of Brodiaea filifolia. Lands

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within this subunit contain clay or Considerations or Protection’’ section of 2005 final critical habitat designation sandy loam soils and consist primarily this proposed rule for a discussion of but is included in this proposed rule of annual grasslands and coastal sage the threats to B. filifolia habitat and based on new information related to the scrub habitat. Subunit 7b contains the potential management considerations. distribution of Brodiaea filifolia. Lands physical and biological features We are considering this subunit for within this subunit contain clay, loam, essential to the conservation of B. exclusion under section 4(b)(2) of the or loamy fine sand soils and consist filifolia because it (1) contains the PCEs Act because this subunit is within the primarily of annual and needlegrass for B. filifolia, including loamy soils area addressed by the Carlsbad HMP grassland. Subunit 8b contains the underlain by a clay subsoil (PCE 1A) under the MHCP; please see the Areas physical and biological features and areas with a natural, generally Considered for Exclusion Under Section essential to the conservation of B. intact surface and subsurface soil 4(b)(2) of the Act section of this filifolia because it (1) contains the PCEs structure that support B. filifolia and proposed rule for a discussion about our for B. filifolia, including loamy soils pollinator habitat (PCE 2); and (2) consideration to exclude this area. underlain by a clay subsoil (PCE 1A) supports an occurrence of at least and areas with a natural, generally Subunit 7d: Rancho La Costa 797,000 individuals of B. filifolia, as intact surface and subsurface soil documented in 2005 (this estimate was Subunit 7d consists of 98 ac (40 ha) structure that support B. filifolia and of vegetative plants and not flowering of private land in the City of Carlsbad, pollinator habitat (PCE 2); and (2) plants) (Scheidt and Allen 2005, p. 1). in northern coastal San Diego County. supports an occurrence of at least 5,552 The physical and biological features Lands within this subunit contain clay individuals of B. filifolia, as essential to the conservation of the soil and consist primarily of annual and documented in 2000, and approximately species in this subunit may require needlegrass grassland. Subunit 7d 12,000 B. filifolia corms were special management considerations or contains the physical and biological transplanted to the area in 2004 protection to address threats from the features essential to the conservation of (CNDDB 2009, p. 10). The physical and indirect effects associated with urban Brodiaea filifolia because it (1) contains biological features essential to the development and nonnative invasive the PCEs for B. filifolia, including loamy conservation of the species in this plants. Please see the ‘‘Special soils underlain by a clay subsoil (PCE subunit may require special Management Considerations or 1A) and areas with a natural, generally management considerations or Protection’’ section of this proposed rule intact surface and subsurface soil protection to address threats from the for a discussion of the threats to B. structure that support B. filifolia and indirect effects associated with urban filifolia habitat and potential pollinator habitat (PCE 2); and (2) development, unauthorized recreational management considerations. We are supports an occurrence of at least activities, and nonnative invasive considering this subunit for exclusion 13,445 individuals of B. filifolia, as plants. Please see the ‘‘Special under section 4(b)(2) of the Act because documented in 2008 (CNDDB 2009, p. Management Considerations or this subunit is within the area addressed 30). The site is conserved and will not Protection’’ section of this proposed rule by the Carlsbad HMP under the MHCP; be developed (Center for Natural Lands for a discussion of the threats to B. please see the Areas Considered for Management 2005, pp. 1-5). The filifolia habitat and potential Exclusion Under Section 4(b)(2) of the physical and biological features management considerations. Act section of this proposed rule for a essential to the conservation of the Subunit 8d: Upham discussion about our consideration to species in this subunit may require exclude this area. special management considerations or Subunit 8d consists of 54 ac (22 ha) protection to address threats from of private land in the City of San Subunit 7c: Calavera Hills Village H nonnative invasive plants. Please see Marcos, northern San Diego County. Subunit 7c consists of 71 ac (29 ha) the ‘‘Special Management Lands within this subunit contain clay of private land in the City of Carlsbad, Considerations or Protection’’ section of soils and consist primarily of annual in northern coastal San Diego County. this proposed rule for a discussion of and needlegrass grassland and vernal Lands within this subunit contain clay the threats to B. filifolia habitat and pool habitat. Subunit 8d contains the soil and consist primarily of annual and potential management considerations. physical and biological features needlegrass grassland. Subunit 7c We are considering this subunit for essential to the conservation of Brodiaea contains the physical and biological exclusion under section 4(b)(2) of the filifolia because it (1) contains the PCEs features essential to the conservation of Act because this subunit is within the for B. filifolia, including loamy soils Brodiaea filifolia because it (1) contains area addressed by the Carlsbad HMP underlain by a clay subsoil (PCE 1A) the PCEs for B. filifolia, including loamy under the MHCP; please see the Areas and areas with a natural, generally soils underlain by a clay subsoil (PCE Considered for Exclusion Under Section intact surface and subsurface soil 1A) and areas with a natural, generally 4(b)(2) of the Act section of this structure that support B. filifolia and intact surface and subsurface soil proposed rule for a discussion about our pollinator habitat (PCE 2); (2) supports structure that support B. filifolia and consideration to exclude this area. a rare or unique occurrence, pollinator habitat (PCE 2); and (2) representing one of three occurrences supports a stable, persistent occurrence Unit 8: San Marcos, San Diego County that are associated with vernal pool of at least 2,243 plants, as documented Unit 8 is located in San Marcos, habitat; and (3) supports an occurrence in 2008 (McConnell 2008, p. 9). The site northern San Diego County and consists of at least 342,000 individuals of B. is conserved and will not be developed of three subunits totaling 108 ac (44 ha) filifolia, as documented in 1993 (Planning Systems 2002, pp. 8-9). The of private land. (CNDDB 2009, p. 9). The physical and physical and biological features biological features essential to the essential to the conservation of the Subunit 8b: Rancho Santalina/Loma conservation of the species in this species in this subunit may require Alta subunit may require special special management considerations or Subunit 8b consists of 47 ac (19 ha) management considerations or protection to address threats from of private land in the City of San protection to address threats from the nonnative invasive plants. Please see Marcos, northern San Diego County. indirect effects associated with urban the ‘‘Special Management This subunit was not included in the development, unauthorized recreational

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activities, and nonnative invasive features essential to the conservation of 2009, p. 60). Please see the ‘‘Special plants. Please see the ‘‘Special Brodiaea filifolia because it (1) contains Management Considerations or Management Considerations or the PCEs for B. filifolia, including silty Protection’’ section of this proposed rule Protection’’ section of this proposed rule loam soils underlain by a clay subsoil or for a discussion of the threats to B. for a discussion of the threats to B. caliche that are generally poorly drained filifolia habitat and potential filifolia habitat and potential and moderately to strongly alkaline management considerations. We are management considerations. (PCE 1C) and areas with a natural, considering this subunit for exclusion generally intact surface and subsurface Subunit 8f: Oleander/San Marcos under section 4(b)(2) of the Act because soil structure that support B. filifolia this subunit is within the area addressed Subunit 8f consists of 7 ac (3 ha) of and pollinator habitat (PCE 2); (2) by the Western Riverside County land owned by the San Marcos Unified supports a rare or unique occurrence, MSHCP; please see the Areas School District near the City of San representing one of four occurrences Considered for Exclusion Under Section Marcos, in northern San Diego County. associated with alkali playa habitat; and 4(b)(2) of the Act section of this This subunit was not included in the (3) supports a stable, persistent proposed rule for a discussion about our 2005 final critical habitat designation occurrence. The physical and biological consideration to exclude this area. but is included in this proposed rule features essential to the conservation of based on new information related to the the species in this subunit may require Subunit 11c: Case Road distribution of Brodiaea filifolia. Lands special management considerations or Subunit 11c consists of 180 ac (73 ha) within this subunit contain clay, loam, protection to address threats from or loamy fine sand soils and consist of private land west of I-215, near the nonnative invasive plants and City of Perris, in western Riverside primarily of annual grassland. Unit 8f construction of new roads or contains the physical and biological County. Lands within this subunit improvements to existing roadways contain Willows silty clay and Domino features essential to the conservation of (Service 2005b, pp. 137, 189). Please see B. filifolia because it (1) contains the silt loam soils and consist primarily of the ‘‘Special Management agricultural land, floodplain habitat, PCEs for B. filifolia, including loamy Considerations or Protection’’ section of soils underlain by a clay subsoil (PCE alkali scrub habitat, and alkali playa this proposed rule for a discussion of habitat. Subunit 11c contains the 1A) and areas with a natural, generally the threats to B. filifolia habitat and physical and biological features intact surface and subsurface soil potential management considerations. essential to the conservation of Brodiaea structure that support B. filifolia and We are considering this subunit for filifolia because it (1) contains the PCEs pollinator habitat (PCE 2); and (2) exclusion under section 4(b)(2) of the for B. filifolia, including silty loam soils supports an occurrence of at least 3,802 Act because this subunit is within the underlain by a clay subsoil or caliche individuals of B. filifolia, as area addressed by the Western Riverside that are generally poorly drained and documented in 2005 (Dudek and County MSHCP; please see the Areas moderately to strongly alkaline (PCE 1C) Associates, Inc. 2005, p. 19). The Considered for Exclusion Under Section and areas with a natural, generally physical and biological features 4(b)(2) of the Act section of this intact surface and subsurface soil essential to the conservation of the proposed rule for a discussion about our species in this subunit may require consideration to exclude this area. structure that support B. filifolia and special management considerations or pollinator habitat (PCE 2); (2) supports Subunit 11b: San Jacinto Avenue and protection to address threats from a rare or unique occurrence, Dawson Road nonnative invasive plants. Please see representing one of four occurrences the ‘‘Special Management Subunit 11b consists of 117 ac (47 ha) that are associated with alkali playa Considerations or Protection’’ section of of private land near San Jacinto Avenue habitat; and (3) supports an occurrence this proposed rule for a discussion of and Dawson Road, in western Riverside of at least 4,555 individuals of B. the threats to B. filifolia habitat and County. Lands within this subunit filifolia, as documented in 2000 (Glenn potential management considerations. contain Willows silty clay and Domino Lukos Associates, Inc. 2000a, Map of silt loam soils and consist primarily of San Jacinto River Stage 3 Project Unit 11: Western Riverside County annual grassland, alkali scrub habitat, Impacts Version 2 Alignment; Glenn Unit 11 is located in western and alkali playa habitat. Subunit 11b Lukos Associates, Inc. 2000b, pp. 17-18; Riverside County and consists of eight contains the physical and biological CNDDB 2009, p. 2). The physical and subunits totaling 1,494 ac (605 ha). This features essential to the conservation of biological features essential to the unit contains 53 ac (21 ha) of Federal Brodiaea filifolia because it (1) contains conservation of the species in this land, 766 ac (310 ha) of State land, 5 ac the PCEs for B. filifolia, including silty subunit may require special (2 ha) of local government land and 670 loam soils underlain by a clay subsoil or management considerations or ac (271 ha) of private land. caliche that are generally poorly drained protection to address threats from OHV and moderately to strongly alkaline activity, encroaching urban Subunit 11a: San Jacinto Wildlife Area (PCE 1C) and areas with a natural, development, manure dumping, and Subunit 11a consists of 385 ac (156 generally intact surface and subsurface nonnative invasive plants. Please see ha) of State land (CDFG) and 16 ac (6 soil structure that support B. filifolia the ‘‘Special Management ha) of private land at the San Jacinto and pollinator habitat (PCE 2); and (2) Considerations or Protection’’ section of Wildlife Area, in western Riverside supports a rare or unique occurrence, this proposed rule for a discussion of County. Lands within this subunit representing one of four occurrences the threats to B. filifolia habitat and contain Willows silty clay, Waukena that are associated with alkali playa potential management considerations. loam and Waukena fine sandy loam, habitat. The physical and biological We are considering this subunit for Traver fine sandy loam and Traver features essential to the conservation of exclusion under section 4(b)(2) of the loamy fine sand, and Hanford coarse the species in this subunit may require Act because this subunit is within the sandy loam soils and consist primarily special management considerations or area addressed by the Western Riverside of annual grassland, alkali scrub habitat, protection to address threats from County MSHCP; please see the Areas and alkali playa habitat. Subunit 11a discing, grazing, manure dumping, and Considered for Exclusion Under Section contains the physical and biological nonnative invasive plants (CNDDB 4(b)(2) of the Act section of this

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proposed rule for a discussion about our Riverside County. Lands within this flows that generally occur on mesas and consideration to exclude this area. subunit contain Willows silty clay, gentle to moderate slopes (PCE 1D) and Chino silt loam, Honcut loam, and areas with a natural, generally intact Subunit 11d: Railroad Canyon Wyman loam and consist primarily of surface and subsurface soil structure Subunit 11d consists of 53 ac (21 ha) annual grassland, alkali scrub habitat, that support B. filifolia and pollinator of Federal land owned by the Bureau of and alkali playa habitat. Subunit 11e habitat (PCE 2); (2) supports a rare or Land Management and 205 ac (83 ha) of contains the physical and biological unique occurrence, representing one of private land north of Kabian County features essential to the conservation of three occurrences that are associated Park and southwest of the City of Perris, Brodiaea filifolia because it (1) contains with vernal pool habitat; and (3) in western Riverside County. Lands the PCEs for B. filifolia, including silty supports an occurrence of at least within this subunit contain Lodo rocky loam soils underlain by a clay subsoil or 31,725 individuals of B. filifolia, as loam, Garretson gravelly very fine sandy caliche that are generally poorly drained documented in 1990 (CNDDB 2009, p. loam and Garretson very fine sandy and moderately to strongly alkaline 5). The physical and biological features loam, Escondido fine sandy loam, and (PCE 1C), and areas with a natural, essential to the conservation of the Grangeville fine sandy loam soils and generally intact surface and subsurface species in this subunit may require consist primarily of annual grassland. soil structure that support B. filifolia special management considerations or Subunit 11d contains the physical and and pollinator habitat (PCE 2); and (2) protection to address threats from the biological features essential to the supports a rare or unique occurrence, indirect effects associated with urban conservation of Brodiaea filifolia representing one of three occurrences development and nonnative invasive because it (1) contains the PCEs for B. that are associated with vernal pool plants. Please see the ‘‘Special filifolia, including silty loam soils habitat. This subunit is crossed by Management Considerations or underlain by a clay subsoil or caliche roadways that, if altered (widened or Protection’’ section of this proposed rule that are generally poorly drained and realigned), could change the topography for a discussion of the threats to B. moderately to strongly alkaline (PCE 1C) and thereby negatively affect the filifolia habitat and potential and areas with a natural, generally hydrologic integrity of the pool management considerations. We are intact surface and subsurface soil complexes and favor the growth of considering this subunit for exclusion structure that support B. filifolia and nonnative invasive plant species under section 4(b)(2) of the Act because pollinator habitat (PCE 2); and (2) (CNDDB 2009, p. 24; Service 2004b, p. this subunit is within the area addressed supports an occurrence of at least 3,205 382). The physical and biological by the Western Riverside County individuals of B. filifolia, as features essential to the conservation of MSHCP; please see the Areas documented in 2000 (Glenn Lukos the species in this subunit may require Considered for Exclusion Under Section Associates 2000a, pp. 13, 24; CNDDB special management considerations or 4(b)(2) of the Act section of this 2009, p. 23). The occurrence in Railroad protection to address threats from proposed rule for a discussion about our Canyon is at risk from the proposed San nonnative invasive plants and consideration to exclude this area. Jacinto River Flood Control Project. That transportation projects. Please see the Subunit 11g: Santa Rosa Plateau - South project includes channelization of the ‘‘Special Management Considerations or of Tenaja Road river, which may result in changes in Protection’’ section of this proposed rule floodplain process essential to the for a discussion of the threats to B. Subunit 11g consists of 117 ac (47 ha) species persistence in this subunit filifolia habitat and potential of State-owned land on the Santa Rosa (Service 2004b, p. 382). The physical management considerations. We are Plateau, in southwestern Riverside and biological features essential to the considering this subunit for exclusion County. Lands within this subunit conservation of the species in this under section 4(b)(2) of the Act because contain Murrieta stony clay loam, and subunit may require special this subunit is within the area addressed Las Posas rocky loam and Las Posas management considerations or by the Western Riverside County loam soils and consist primarily of protection to address threats from the MSHCP; please see the Areas annual and needlegrass grassland and indirect effects associated with urban Considered for Exclusion Under Section vernal pool habitat. Subunit 11g development, river channelization for 4(b)(2) of the Act section of this contains the physical and biological flood control, and nonnative invasive proposed rule for a discussion about our features essential to the conservation of plants. Please see the ‘‘Special consideration to exclude this area. Brodiaea filifolia because it (1) contains Management Considerations or the PCEs for B. filifolia, including clay Protection’’ section of this proposed rule Subunit 11f: Santa Rosa Plateau - Mesa loam soil series underlain by heavy clay for a discussion of the threats to B. de Colorado loams or clays derived from olivine filifolia habitat and potential Subunit 11f consists of 221 ac (89 ha) basalt lava flows that generally occur on management considerations. We are of State-owned land, 5 ac (2 ac) of local mesas and gentle to moderate slopes considering this subunit for exclusion government land and 8 ac (3 ha) of (PCE 1D) and areas with a natural, under section 4(b)(2) of the Act because private land on the Santa Rosa Plateau, generally intact surface and subsurface this subunit is within the area addressed in southwestern Riverside County. soil structure that support B. filifolia by the Western Riverside County Lands within this subunit contain and pollinator habitat (PCE 2); and (2) MSHCP; please see the Areas Murrieta stony clay loam, and Las Posas supports a rare or unique occurrence, Considered for Exclusion Under Section rocky loam and Las Posas loam soils occurring along an ephemeral drainage 4(b)(2) of the Act section of this and consist primarily of annual and in seep type habitats. The physical and proposed rule for a discussion about our needlegrass grassland and vernal pool biological features essential to the consideration to exclude this area. habitat. Subunit 11f contains the conservation of the species in this physical and biological features subunit may require special Subunit 11e: Upper Salt Creek (Stowe essential to the conservation of Brodiaea management considerations or Pool) filifolia because it (1) contains the PCEs protection to address threats from Subunit 11e consists 145 ac (59 ha) of for B. filifolia, including clay loam soil nonnative invasive plants. Please see private land in the Upper Salt Creek series underlain by heavy clay loams or the ‘‘Special Management drainage west of Hemet, in western clays derived from olivine basalt lava Considerations or Protection’’ section of

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this proposed rule for a discussion of filifolia. Lands within this subunit agencies, including the Service, to the threats to B. filifolia habitat and contain fine loamy sands and consist evaluate their actions with respect to potential management considerations. primarily of coastal sage scrub habitat any species that is endangered or We are considering this subunit for and annual grassland. Unit 12 contains threatened and with respect to its exclusion under section 4(b)(2) of the physical and biological features that are critical habitat, if any is proposed or Act because this subunit is within the essential to the conservation of B. designated. Regulations implementing area addressed by the Western Riverside filifolia because it (1) contains the PCEs this interagency cooperation provision County MSHCP; please see the Areas for B. filifolia, including loamy soils of the Act are codified at 50 CFR part Considered for Exclusion Under Section underlain by a clay subsoil (PCE 1A) 402. 4(b)(2) of the Act section of this and areas with a natural, generally Section 7(a)(4) of the Act requires proposed rule for a discussion about our intact surface and subsurface soil Federal agencies to confer with us on consideration to exclude this area. structure that support B. filifolia and any action that is likely to jeopardize pollinator habitat (PCE 2); and (2) the continued existence of a species Subunit 11h: Santa Rosa Plateau - North proposed for listing or result in of Tenaja Road supports a stable, persistent occurrence. The physical and biological features destruction or adverse modification of Subunit 11h consists of 44 ac (18 ha) essential to the conservation of the proposed critical habitat. Conference of State-owned land on the Santa Rosa species in this subunit may require reports provide conservation Plateau, in southwestern Riverside special management considerations or recommendations to assist the agency in County. Lands within this subunit protection to address threats from the eliminating conflicts that may be caused contain Murrieta stony clay loam, and indirect effects associated with urban by the proposed action. We may issue Las Posas rocky loam and Las Posas development and nonnative invasive a formal conference report if requested loam soils and consist primarily of plants. Please see the ‘‘Special by a Federal agency. Formal conference annual and needlegrass grassland and Management Considerations or reports on proposed critical habitat vernal pool habitat. Subunit 11h Protection’’ section of this proposed rule contain an opinion that is prepared contains the physical and biological for a discussion of the threats to B. according to 50 CFR 402.14, as if critical features essential to the conservation of filifolia habitat and potential habitat were designated. We may adopt Brodiaea filifolia because it (1) contains management considerations. We are the formal conference report as the the PCEs for B. filifolia, including clay considering this subunit for exclusion biological opinion when the critical loam soil series underlain by heavy clay under section 4(b)(2) of the Act because habitat is designated, if no substantial loams or clays derived from olivine this subunit is within the area addressed new information or changes in the basalt lava flows that generally occur on by the Western Riverside County action alter the content of the opinion mesas and gentle to moderate slopes MSHCP; please see the Areas (see 50 CFR 402.10(d)). The (PCE 1D), and areas with a natural, Considered for Exclusion Under Section conservation recommendations in a generally intact surface and subsurface 4(b)(2) of the Act section of this conference report or opinion are soil structure that support B. filifolia proposed rule for a discussion about our advisory. and pollinator habitat (PCE 2); and (2) consideration to exclude this area. If a species is listed or critical habitat supports a rare or unique occurrence, is designated, section 7(a)(2) of the Act occurring along an ephemeral drainage Effects of Critical Habitat Designation requires Federal agencies to ensure that in seep type habitats. The physical and Section 7 Consultation activities they authorize, fund, or carry biological features essential to the out are not likely to jeopardize the conservation of the species in this Section 7(a)(2) of the Act requires continued existence of such a species or subunit may require special Federal agencies, including the Service, to destroy or adversely modify its management considerations or to ensure that actions they fund, critical habitat. If a Federal action may protection to address threats from authorize, or carry out are not likely to affect a listed species or its critical nonnative invasive plants. Please see destroy or adversely modify critical habitat, the responsible Federal agency the ‘‘Special Management habitat. Decisions by the Fifth and (action agency) must enter into Considerations or Protection’’ section of Ninth Circuit Courts of Appeals have consultation with us. As a result of this this proposed rule for a discussion of invalidated our definition of consultation, we document compliance the threats to B. filifolia habitat and ‘‘destruction or adverse modification’’ with the requirements of section 7(a)(2) potential management considerations. (50 CFR 402.02) (see Gifford Pinchot through our issuance of: We are considering this subunit for Task Force v. U.S. Fish and Wildlife (1) A concurrence letter for Federal exclusion under section 4(b)(2) of the Service, 378 F. 3d 1059 (9th Cir 2004) actions that may affect, but are not Act because this subunit is within the and Sierra Club v. U.S. Fish and likely to adversely affect, listed species area addressed by the Western Riverside Wildlife Service et al., 245 F.3d 434, or designated critical habitat; or County MSHCP; please see the Areas 442F (5th Cir 2001)), and we do not rely (2) A biological opinion for Federal Considered for Exclusion Under Section on this regulatory definition when actions that are likely to adversely affect 4(b)(2) of the Act section of this analyzing whether an action is likely to listed species or designated critical proposed rule for a discussion about our destroy or adversely modify critical habitat. consideration to exclude this area. habitat. Under the statutory provisions An exception to the concurrence of the Act, we determine destruction or process referred to in (1) above occurs Unit 12: Central San Diego County – adverse modification on the basis of in consultations involving National Fire Artesian Trails whether, with implementation of the Plan projects. In 2004, the U.S. Forest Unit 12 is located in central San Diego proposed Federal action, the affected Service and the BLM reached County and consists of 109 ac (44 ha) of critical habitat would remain functional agreements with the Service to private land. This unit was not included (or retain the current ability for the PCEs streamline a portion of the section 7 in the 2005 final critical habitat to be functionally established) to serve consultation process (BLM–ACA 2004, designation but is included in this its intended conservation role for the pp. 1–8; FS–ACA 2004, pp. 1–8). The proposed rule based on new information species (Service 2004c, p. 3). Section agreements allow the U.S. Forest related to the distribution of Brodiaea 7(a)(2) of the Act requires Federal Service and the BLM the opportunity to

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make ‘‘not likely to adversely affect’’ consultation has been completed, if OHV activity, pipeline construction, (NLAA) determinations for projects those actions with discretionary new road construction or widening, implementing the National Fire Plan. involvement or control may affect existing road maintenance, manure Such projects include prescribed fire, subsequently listed species or dumping, and grazing. These activities mechanical fuels treatments (thinning designated critical habitat. potentially impact the habitat and PCEs and removal of fuels to prescribed Federal activities that may affect of Brodiaea filifolia by damaging, objectives), emergency stabilization, Brodiaea filifolia or its designated disturbing, and altering soil burned area rehabilitation, road critical habitat will require section composition through direct impacts, maintenance and operation activities, 7(a)(2) consultation under the Act. increased erosion, and increased ecosystem restoration, and culvert Activities on State, tribal, local, or nutrient content. Additionally, changes replacement actions. The U.S. Forest private lands requiring a Federal permit in soil composition may lead to changes Service and the BLM must insure staff (such as a permit from the U.S. Army in the vegetation composition, thereby are properly trained, and both agencies Corps of Engineers under section 404 of changing the overall habitat type. must submit monitoring reports to the the Clean Water Act (33 U.S.C. 1251 et (2) Actions that result in alteration of Service to determine if the procedures seq.) or a permit under section the hydrological regimes typically are being implemented properly and 10(a)(1)(B) of the Act from the Service) associated with Brodiaea filifolia that effects on endangered species and or involving some other Federal action habitat. Such activities could include their habitats are being properly (such as funding from the Federal residential or commercial development, evaluated. As a result, we do not believe Highway Administration, Federal OHV activity, pipeline construction, the alternative consultation processes Aviation Administration, or the Federal new road construction or widening, being implemented as a result of the Emergency Management Agency) will existing road maintenance, and National Fire Plan will differ also be subject to the section 7(a)(2) channelization of drainages. These significantly from those consultations consultation process. Federal actions activities could alter surface layers and being conducted by the Service. not affecting listed species or critical the hydrological regime in a manner If we issue a biological opinion habitat, and actions on State, tribal, that promotes loss of soil matrix concluding that a project is likely to local, or private lands that are not components and moisture necessary to jeopardize the continued existence of a federally funded, authorized, or support the growth and reproduction of listed species or destroy or adversely permitted, do not require section 7(a)(2) B. filifolia. modify critical habitat, we also provide consultations. (3) Actions that would disturb the reasonable and prudent alternatives to existing vegetation communities Application of the ‘‘Adverse adjacent to Brodiaea filifolia habitat the project, if any are identifiable. We Modification’’ Standard define ‘‘reasonable and prudent prior to annual pollination and seed set alternatives’’ at 50 CFR 402.02 as The key factor related to the adverse (reproduction). Such activities could alternative actions identified during modification determination is whether, include (but are not limited to) grazing, consultation that: with implementation of the proposed mowing, grading, or discing habitat in • Can be implemented in a manner Federal action, the affected critical the spring and early summer months. consistent with the intended purpose of habitat would continue to serve its These activities could alter the habitat the action, intended conservation role for the for pollinators leading to potential • Can be implemented consistent with species, or would retain its current decreased pollination and reproduction. the scope of the Federal agency’s legal ability for the primary constituent (4) Road construction and authority and jurisdiction, elements to be functionally established. maintenance, right-of-way designation, • Are economically and Activities that may destroy or adversely and regulation of agricultural activities, technologically feasible, and modify critical habitat are those that or any activity funded or carried out by • Would, in the Director’s opinion, alter the physical and biological features the Department of Transportation or avoid jeopardizing the continued to an extent that appreciably reduces the Department of Agriculture that could existence of the listed species or conservation value of critical habitat for result in excavation, or mechanized destroying or adversely modifying its Brodiaea filifolia. Generally, the land clearing of Brodiaea filifolia critical habitat. conservation role of the B. filifolia habitat. These activities could alter the Reasonable and prudent alternatives proposed revised critical habitat units is habitat in such a way that soil, seeds, can vary from slight project to support viable populations and corms of B. filifolia are removed modifications to extensive redesign or throughout this species’ range. and which permanently alter the relocation of the project. Costs Section 4(b)(8) of the Act requires us habitat. associated with implementing a to briefly evaluate and describe in any (5) Licensing or construction of reasonable and prudent alternative are proposed or final regulation that communication sites by the Federal similarly variable. designates critical habitat those Communications Commission or Regulations at 50 CFR 402.16 require activities involving a Federal action that funding of construction or development Federal agencies to reinitiate may destroy or adversely modify such activities by the U.S. Department of consultation on previously reviewed habitat, or that may be affected by such Housing and Urban Development that actions in instances where we have designation. could result in excavation, or listed a new species or subsequently Activities that, when carried out, mechanized land clearing of Brodiaea designated critical habitat that may be funded, or authorized by a Federal filifolia habitat. affected and the Federal agency has agency, may affect critical habitat and retained discretionary involvement or therefore should result in consultation Exemptions Under Section 4(a)(3) of the control over the action (or the agency’s for Brodiaea filifolia include, but are not Act discretionary involvement or control is limited to, the following: The National Defense Authorization authorized by law). Consequently, (1) Actions that result in ground Act for Fiscal Year 2004 (Pub. L. 108– Federal agencies may sometimes need to disturbance. Such activities could 136) amended the Act to limit areas request reinitiation of consultation with include (but are not limited to) eligible for designation as critical us on actions for which formal residential or commercial development, habitat. Specifically, section 4(a)(3)(B)(i)

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of the Act (16 U.S.C. 1533(a)(3)(B)(i)) section 4(a)(3)(B)(i) of the Act, we have established and represent ongoing now provides: ‘‘The Secretary shall not determined that conservation efforts aspects of existing programs that designate as critical habitat any lands or identified in the INRMP provide a provide a benefit to B. filifolia. MCB other geographical areas owned or benefit to Brodiaea filifolia occurring in Camp Pendleton also has Base controlled by the Department of habitats within or adjacent to MCB directives and Range and Training Defense, or designated for its use, that Camp Pendleton. Therefore, Regulations that are integral to their are subject to an integrated natural approximately 1,531 ac (620 ha) of INRMP and provide benefits to B. resources management plan prepared habitat on MCB Camp Pendleton subject filifolia. MCB Camp Pendleton under section 101 of the Sikes Act to the INRMP is exempt from critical implements Base directives to avoid and [Improvement Act of 1997 (Sikes Act)] habitat designation under section 4(a)(3) minimize adverse effects to B. filifolia, (16 U.S.C. 670a), if the Secretary of the Act, and is not included in this such as: (1) Limit bivouac, command determines in writing that such plan proposed revised critical habitat post, and field support activities such provides a benefit to the species for designation. that they are no closer than 164 ft (50 which critical habitat is proposed for In the previous final critical habitat m) to occupied habitat year round; (2) designation.’’ designation for Brodiaea filifolia, we limit vehicle and equipment operations The Sikes Act required each military exempted lands determined to contain to existing road and trail networks year installation that includes land and water features essential to the conservation of round; and (3) require environmental suitable for the conservation and species on MCB Camp Pendleton from clearance prior to any soil excavation, management of natural resources to the designation of critical habitat (70 FR filling, or grading. Finally, MCB Camp complete an integrated natural resources 73820; December 13, 2005). We based Pendleton has contracted and funded management plan (INRMP) by this decision on the conservation surveys for B. filifolia in summer 2005 November 17, 2001. An INRMP benefits to B. filifolia identified in the and development of a GIS-based integrates implementation of the INRMP developed by MCB Camp monitoring system that will provide military mission of the installation with Pendleton in November 2001. A revised improved management of natural stewardship of the natural resources and updated INRMP was prepared by resources on the installation, including found on the base. Each INRMP MCB Camp Pendleton in March 2007 for B. filifolia. includes: (MCB Camp Pendleton 2007). We Additionally, MCB Camp Pendleton’s (1) An assessment of the ecological determined that conservation efforts environmental security staff review needs on the installation, including the identified in the INRMP provide a projects and enforce existing regulations need to provide for the conservation of benefit to the populations of B. filifolia and orders that, through their listed species; and this species’ habitat occurring on implementation, avoid and minimize (2) A statement of goals and priorities; MCB Camp Pendleton (MCB Camp impacts to natural resources, including (3) A detailed description of Pendleton 2007, Section 4, pp. 51–76). Brodiaea filifolia and its habitat. As a management actions to be implemented The INRMP provides measures that result, activities occurring on MCB to provide for these ecological needs; promote the conservation of B. filifolia Camp Pendleton are currently being and within the 1,531 ac (620 ha) of habitat conducted in a manner that minimizes (4) A monitoring and adaptive that we believe contain the features impacts to B. filifolia habitat. Finally, management plan. essential to the conservation of B. MCB Camp Pendleton provides training Among other things, each INRMP filifolia on MCB Camp Pendleton, which to personnel on environmental must, to the extent appropriate and are subject to the INRMP, within the awareness for sensitive resources on the applicable, provide for fish and wildlife following areas: Cristianitos Canyon, Base including B. filifolia and its management; fish and wildlife habitat Bravo One, Bravo Two South, Basilone/ habitat. enhancement or modification; wetland San Mateo Junction, Camp Horno, Based on MCB Camp Pendleton’s protection, enhancement, and Pilgrim Creek, and South White Beach. Sikes Act program (including the restoration where necessary to support Measures included for Brodiaea management of Brodiaea filifolia), there fish and wildlife; and enforcement of filifolia in the MCB Camp Pendleton is a high degree of certainty that MCB applicable natural resource laws. INRMP require ongoing efforts to survey Camp Pendleton will continue to We consult with the military on the and monitor the species, and provide implement their INRMP in coordination development and implementation of this information to all necessary with the Service and the CDFG in a INRMPs for installations with federally personnel through MCB Camp manner that provides a benefit to B. listed species. Only one military Pendleton’s GIS database on sensitive filifolia, coupled with a high degree of installation with an approved INRMP, resources and in their published certainty that the conservation efforts of Marine Corps Base Camp Pendleton resource atlas. The updated INRMP their INRMP will be effective. Service (MCB Camp Pendleton), is located includes the following conservation biologists work closely with MCB Camp within the range of Brodiaea filifolia measures for B. filifolia: (1) Surveys and Pendleton on a variety of issues relating and supports features essential to the monitoring, studies, impact avoidance to endangered and threatened species, species’ conservation. We analyzed and minimization, and habitat including B. filifolia. The management MCB Camp Pendleton’s INRMP to restoration and enhancement; (2) programs, Base directives, and Range determine if the lands subject to the species survey information stored in and Training Regulations that avoid and INRMP should be exempted under the MCB Camp Pendleton’s GIS database minimize impacts to B. filifolia are authority of section 4(a)(3)(B) of the Act. and recorded in a resource atlas that is consistent with section 7 consultations Marine Corps Base Camp Pendleton published and updated on a semi- with MCB Camp Pendleton. Therefore, has committed to work closely with us, annual basis; (3) use of the resource the Secretary has determined that the CDFG, and California Department of atlas to plan operations and projects to INRMP for MCB Camp Pendleton Parks and Recreation (CDPR) to avoid impacts to B. filifolia and to provides a benefit for B. filifolia, and continually refine the existing INRMP as trigger section 7 consultations if an lands subject to the INRMP for MCB part of the Sikes Act’s INRMP review action may affect the species; and (4) Camp Pendleton containing features process. Based on the considerations transplantation when avoidance is not essential to the conservation of the discussed below and in accordance with possible. These measures are species are exempt from critical habitat

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designation pursuant to section 4(a)(3) downloading from the Internet at http:// Given the distribution of listed of the Act. As a result, we are not www.regulations.gov, or by contacting species with respect to land ownership, including approximately 1,531 ac (620 the Carlsbad Fish and Wildlife Office conservation of listed species in many ha) of habitat for B. filifolia on MCP directly (see FOR FURTHER INFORMATION parts of the United States is dependent Camp Pendleton in this proposed CONTACT). Based on public comment on upon working partnerships with a wide revised critical habitat designation. that document and the proposed variety of entities and the voluntary cooperation of many non-Federal Areas Considered for Exclusion Under designation itself, as well as the landowners (Wilcove and Chen 1998, p. Section 4(b)(2) of the Act information in the final economic analysis, the Secretary may exclude 1407; Crouse et al. 2002, p. 720; James Section 4(b)(2) of the Act states that from critical habitat areas different from 2002, p. 271). Building partnerships and the Secretary must designate or revise those identified for possible exclusion promoting voluntary cooperation of critical habitat on the basis of the best in this proposed rule under the landowners are essential to our available scientific data after taking into provisions of section 4(b)(2) of the Act, understanding the status of species on consideration the economic impact, up to and including all areas proposed non-Federal lands, and necessary for us national security impact, and any other for designation. This is also addressed to implement recovery actions such as relevant impact of specifying any in our implementing regulations at 50 reintroducing listed species and particular area as critical habitat. The CFR 424.19. restoring and protecting habitat. Secretary may exclude an area from In addition to economic impacts, we Many private landowners, however, critical habitat if he determines that the consider a number of factors in a section are wary of the possible consequences of benefits of such exclusion outweigh the 4(b)(2) analysis. For example, we attracting endangered species to their benefits of specifying such area as part consider whether there are lands owned property. Mounting evidence suggests of the critical habitat, unless he by the Department of Defense where a that some regulatory actions by the determines, based on the best scientific national security impact might exist. We Federal government, while well- data available, that the failure to also consider whether landowners have intentioned and required by law, can designate such area as critical habitat developed any habitat conservation (under certain circumstances) have will result in the extinction of the plans (HCPs) or other management unintended negative consequences for species. In making that determination, plans for the area, or whether there are the conservation of species on private the legislative history is clear that the conservation partnerships that would be lands (Wilcove et al. 1996, pp. 5–6; Secretary has broad discretion regarding encouraged or discouraged by Bean 2002, pp. 2–3; Conner and which factor(s) to use and how much designation of, or exclusion from, Mathews 2002, pp. 1–2; James 2002, pp. weight to give to any factor. critical habitat in an area. In addition, 270–271; Koch 2002, pp. 2–3; Brook et Under section 4(b)2) of the Act, in al. 2003, pp. 1639–1643). Many we look at the presence of Tribal lands considering whether to exclude a landowners fear a decline in their or Tribal Trust resources that might be particular area from the designation, we property value due to real or perceived affected, and consider the government- must identify the benefits of including restrictions on land use options where to-government relationship of the the area in the designation, identify the threatened or endangered species are United States with the Tribal entities. benefits of excluding the area from the found. Consequently, harboring We also consider any social impacts that designation, and determine whether the endangered species is viewed by many might occur because of the designation. benefits of exclusion outweigh the landowners as a liability. This benefits of inclusion. If, based on this As discussed in further detail in the perception results in anti-conservation analysis, we determine that the benefits Habitat Conservation Plan Lands— incentives, because maintaining habitats of exclusion outweigh the benefits of Exclusions under Section 4(b)(2) of the that harbor endangered species inclusion, we can exclude the area only Act section below, we have represents a risk to future economic if such exclusion would not result in the preliminarily identified certain areas opportunities (Main et al. 1999, pp. extinction of the species. that we are considering excluding from 1264–1265; Brook et al. 2003, pp. 1644– An analysis of the economic impacts the final revised critical habitat 1648). for our previous proposed critical designation for Brodiaea filifolia under The purpose of designating critical habitat designation was conducted and section 4(b)(2) of the Act. However, we habitat is to contribute to the made available to the public on October specifically solicit comments on the conservation of threatened and 6, 2005 (70 FR 58361). This economic inclusion or exclusion of such areas (see endangered species and the ecosystems analysis was finalized for the final rule Public Comments section). upon which they depend. The outcome to designate critical habitat for Brodiaea Most federally listed species in the of the designation, triggering regulatory filifolia as published in the Federal United States will not recover without requirements for actions funded, Register on December 13, 2005 (70 FR the cooperation of non-Federal authorized, or carried out by Federal 58361). In compliance with section landowners. More than 60 percent of the agencies under section 7(a)(2) of the 4(b)(2) of the Act we are preparing a United States is privately owned Act, can sometimes be new draft economic analysis of the (National Wilderness Institute 1995, p. counterproductive to its intended impacts of this proposed revision to 2), and at least 80 percent of endangered purpose on non-Federal lands. Thus, the critical habitat for B. filifolia, to evaluate or threatened species occur either benefits of excluding areas that are the potential impacts of this proposed partially or solely on private lands covered by effective partnerships or revised designation and related factors. (Crouse et al. 2002, p. 720). Stein et al. other voluntary conservation See the ‘‘Regulatory Flexibility Act’’ (1995, p. 400) found that only about 12 commitments can often be high, section for more information. We will percent of listed species were found particularly for listed plant species. announce the availability of the draft almost exclusively on Federal lands (90 economic analysis as soon as it is to 100 percent of their known Habitat Conservation Plan Lands— completed, at which time we will seek occurrences restricted to Federal lands) Exclusions under Section 4(b)(2) of the public review and comment. At that and that 50 percent of federally listed Act time, copies of the draft economic species are not known to occur on The benefits of excluding lands with analysis will be available for Federal lands at all. approved HCPs that cover listed plant

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species from critical habitat designation local jurisdictions, conservation MHCP, the Western Riverside County include relieving landowners, organizations, and private landowners, MSHCP, and the City and County of San communities, and counties of any which together can implement Diego Subarea Plans under the MSCP. additional regulatory burden that might conservation actions that we would be The Secretary is considering exercising be imposed by critical habitat. Many unable to accomplish otherwise. Habitat his discretion to exclude lands covered HCPs take years to develop, and upon conservation plans often cover a wide by these plans (see Table 5 for a list of completion, are consistent with range of species, including listed plant the subunits that are being considered recovery objectives for listed species species and species that are not State for exclusion). In this revised proposed that are covered within the plan area. and federally listed and would rule, we are seeking input from the Many HCPs also provide conservation otherwise receive little protection from stakeholders in these HCPs and from the benefits to unlisted sensitive species. development. By excluding these lands, public on lands that the Secretary A related benefit of excluding lands we preserve our current partnerships should consider for exclusion from the covered by approved HCPs from critical and encourage additional conservation final designation of critical habitat for B. habitat designation is the unhindered, actions in the future. continued ability it gives us to seek new Brodiaea filifolia is covered under the filifolia. partnerships with future plan Orange County Southern Subregion participants, including States, counties, HCP, the Carlsbad HMP under the

TABLE 5. LANDS THAT MEET THE DEFINITION OF CRITICAL HABITAT, ARE INCLUDED IN APPROVED HABITAT CONSERVATION PLANS (HCPS), AND ARE BEING CONSIDERED FOR EXCLUSION UNDER SECTION 4(B)(2) OF THE ACT IN THIS PROPOSED REVISED CRITICAL HABITAT DESIGNATION.

HCP and Associated Subunit Area considered for exclusion (acres/hectares) 1

Orange County Southern Subregion HCP

4b. Caspers Wilderness Park 205 ac (83 ha)

4c. Can˜ada Gobernadora/Chiquita Ridgeline 133 ac (54 ha)

4g. Cristianitos Canyon 587 ac (238 ha)

Subtotal Orange County Southern Subregion HCP 925 ac (374 ha)

Carlsbad HMP under the San Diego MHCP

7a. Letterbox Canyon 57 ac (23 ha)

7b. Rancho Carrillo 37 ac (15 ha)

7c. Calavera Hills Village H 71 ac (29 ha)

7d. Rancho La Costa (Villages of La Costa HCP) 98 ac (40 ha)

Subtotal Carlsbad HMP under the San Diego MHCP 263 ac (106 ha)

Western Riverside County MSHCP

11a. San Jacinto Wildlife Area 401 ac (162 ha)

11b. San Jacinto Avenue/Dawson Road 117 ac (47 ha)

11c. Case Road 180 ac (73 ha)

11d. Railroad Canyon 257 ac (104 ha)

11e. Upper Salt Creek (Stowe Pool) 145 ac (59 ha)

11f. Santa Rosa Plateau – Mesa de Colorado 234 ac (95 ha)

11g. Santa Rosa Plateau – South of Tenaja Road 117 ac (47 ha)

11h. Santa Rosa Plateau – North of Tenaja Road 44 ac (18 ha)

Subtotal for Western Riverside County MSHCP 1,494 ac (605 ha)

City and County of San Diego Subarea Plans under the San Diego MSCP

12. Central San Diego County - Artesian Trails 109 ac (44 ha)

Subtotal for City and County of San Diego Subarea Plans under the San Diego MSCP 109 ac (44 ha)

Total 2,791 ac (1,129 ha) 1 Values in this table may not sum due to rounding.

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Below is a brief description of the Subunit 4c, Can˜ ada Gobernadora/ practices, OHV activity, grazing, lands proposed as critical habitat Chiquita Ridgeline, 90 ac (36 ha) of the drought, and competition from covered by each HCP that the Secretary 133 ac (54 ha) of proposed critical nonnative invasive plants (63 FR 54938; is considering to exercise his discretion habitat within the plan area are October 13, 1998, pp. 54983–54989). to exclude. conserved or will be conserved under The Orange County Southern Subregion the HCP. In Subunit 4g, Cristianitos HCP enacts conservation measures that Orange County Southern Subregion HCP Canyon, 339 ac (137 ha) of the 587 ac minimize the impact of these threats on The Orange County Southern (238 ha) of proposed critical habitat B. filifolia. We will analyze the benefits Subregion HCP is a large-scale multi- within the plan area are conserved or of inclusion and the benefits of jurisdictional HCP encompassing will be conserved under the HCP. The exclusion of the areas covered by this approximately 86,021 ac (34,811 ha) in remaining 249 ac (101 ha) of land in plan in the final revised critical habitat southern Orange County. The Orange Subunit 4G are identified as potential rule for B. filifolia. We encourage any County Southern Subregion HCP was orchards. Overall, 652 ac (264 ha) of the public comment in relation to our developed by the County of Orange 925 ac (374 ha) that we are considering consideration of the areas in Subunits (County), Rancho Mission Viejo, and the for exclusion under section 4(b)(2) of 4b, 4c, and 4g for exclusion (see Public Santa Margarita Water District (Water the Act are conserved or will be Comments section above). District) to address impacts to 32 conserved under the HCP. species, including Brodiaea filifolia, In addition to the creation of a habitat San Diego Multiple Habitat resulting from residential and associated reserve, the following conservation Conservation Program (MHCP) infrastructure development. The Service measures specified in the Orange The San Diego MHCP is a issued incidental take permits on County Southern Subregion HCP will comprehensive, multi-jurisdictional, January 10, 2007 (Service 2007, p. 431), contribute to the protection and planning program designed to create, under section 10(a)(1)(B) of the Act to management of Brodiaea filifolia manage, and monitor an ecosystem the three permittees for a period of 75 habitat: (1) Habitat conservation and preserve in northwestern San Diego years. Specifically, the Secretary is restoration activities will occur in the County. The San Diego MHCP is also a considering to exercise his discretion to areas identified as ‘‘important’’ and regional subarea plan under the State of exclude 925 ac (374 ha) in Subunits 4b, ‘‘major’’ populations under the Orange California’s Natural Communities 4c, and 4g that are included in the area County Southern Subregion HCP (such Conservation Plan (NCCP) program and covered by the Orange County Southern actions for B. filifolia within the Habitat was developed in cooperation with Subregion HCP (see Table 5 for the Reserve would include the control of CDFG. The MHCP preserve system is amount of land being considered for nonnative invasive species); (2) intended to protect viable populations exclusion in each subunit). monitoring of B. filifolia will focus on of native plant and animal species and The Orange County Southern the Can˜ ada Gobernadora/Chiquita their habitats in perpetuity, while Subregion HCP will establish Ridgeline and Cristianitos Canyon accommodating continued economic approximately 30,426 ac (12,313 ha) of occurrences (which are the two largest development and quality of life for habitat reserve (Service 2007, p. 19). occurrences); (3) monitoring and residents of northern San Diego County. The HCP provides for a large, management associated with the Orange The MHCP includes an approximately biologically diverse and permanent County Southern Subregion HCP should 112,000 ac (45,324 ha) study area within habitat reserve that will protect: (1) help address the threat of competition the cities of Carlsbad, Encinitas, Large blocks of natural vegetation with nonnative invasive species; (4) Escondido, San Marcos, Oceanside, communities that provide habitat for the plans will be developed for construction Vista, and Solana Beach. The Secretary covered species; (2) ‘‘important’’ and projects near occurrences of B. filifolia is considering to exercise his discretion ‘‘major’’ populations of the covered to minimize any indirect effect of the to exclude lands covered by the species in key locations; (3) wildlife projects; and (5) the Orange County Carlsbad HMP; the only completed corridors and habitat linkages that Southern Subregion HCP includes a subarea plan under the MHCP. The connect the large habitat blocks and Translocation, Propagation, and 10(a)(1)(B) permit for the Carlsbad HMP covered species populations to each Management Plan for Special-Status was issued on November 9, 2004 other, the Cleveland National Forest, Plants (Appendix I of the Orange (Service 2004a). Specifically, the and the adjacent Orange County Central- County Southern Subregion HCP) that Secretary is considering to exercise his Coastal NCCP/HCP; and (4) the describes the various methods for discretion to exclude 263 ac (106 ha) in underlying hydrogeomorphic processes restoration of B. filifolia, including seed Subunits 7a, 7b, 7c, and 7d that are that support the major vegetation collection, receptor site selection and within the Carlsbad HMP (which as communities providing habitat for the preparation, greenhouse propagation, stated earlier, includes the area covered covered species (Service 2007, p. 10). translocation, introduction, direct by the Villages of La Costa HCP) under Specific land use purposes are seeding, and long-term maintenance the MHCP (see Table 5 for the amount identified in the Orange County (Service 2007, pp. 152–156). of land being considered for exclusion Southern Subregion HCP. In each of the In summary, the Secretary is in each subunit). areas that we proposed as critical considering to exercise his discretion to habitat, lands were mapped as Reserves exclude 925 ac (374 ha) that meet the Carlsbad Habitat Management Plan and Open Space Areas. These two definition of critical habitat for Brodiaea (Carlsbad HMP) categories of land use make up areas filifolia within the Orange County Brodiaea filifolia is a covered species within the Orange County Southern Southern Subregion HCP under section under the Carlsbad HMP. Nine Subregion HCP that are conserved or 4(b)(2) of the Act. The 1998 final listing occurrences of B. filifolia exist within will be conserved as the plan is rule for B. filifolia identified the the City of Carlsbad. We have proposed implemented. In Subunit 4b, Caspers following primary threats for this four of these nine occurrences as critical Wilderness Park, all 205 ac (83 ha) of species: urbanization, alteration of habitat in Subunits 7a, 7b, 7c, and 7d. the proposed critical habitat that are hydrological conditions and Under the HMP, all known occurrences within the plan area are conserved or channelization of drainages, discing for of B. filifolia within existing preserve will be conserved under the HCP. In dry-land farming and fire suppression areas (7 of 9 known occurrences) will be

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conserved at 100 percent. All covered the species under the HMP. The project and mitigates the expected loss of activities impacting B. filifolia outside was subsequently redesigned to meet habitat and the incidental take of of already preserved areas are required the narrow endemic standards by covered species. The Service issued a to be consistent with the MHCP’s impacting less than five percent of the single incidental take permit on June 22, narrow endemic policy, which requires known population, and a long-term 2004 (Service 2004b), under section mitigation for unavoidable impacts and management plan was submitted. On 10(a)(1)(B) of the Act to 22 permittees management practices designed to December 2, 2005, the Service and under the Western Riverside County achieve no net loss of narrow endemic CDFG concluded that the City of MSHCP for a period of 75 years. populations, occupied acreage, or Carlsbad would receive full coverage for Specifically, the Secretary is population viability within Focused B. filifolia under the HMP (CDFG and considering to exercise his discretion to Planning Areas. Additionally, cities Service 2005, p. 1). exclude 1,494 ac (605 ha) in Unit 11 cannot permit more than five percent In summary, the Secretary is (Subunits 11a–11f), of which we gross cumulative loss of narrow considering to exercise his discretion to anticipate the majority will be endemic populations or occupied exclude under section 4(b)(2) of the Act conserved for B. filifolia, within the acreage within the Focused Planning a total of 263 ac (106 ha) that meet the Western Riverside County MSHCP Plan Areas, and no more than 20 percent definition of critical habitat for Brodiaea Area (see Table 5 for the amount of land cumulative loss of narrow endemic filifolia within the Carlsbad HMP under being considered for exclusion in each locations, population numbers, or the MHCP. The 1998 final listing rule subunit). occupied acreage outside of Focused for B. filifolia identified the following Planning Areas (AMEC 2003, pp. 2–14, primary threats for this species: The Western Riverside County D-1). All conserved populations of B. urbanization, alteration of hydrological MSHCP will establish approximately filifolia will be incorporated into the conditions and channelization of 153,000 ac (61,917 ha) of new preserve areas of the HMP. The HMP drainages, discing for dry-land farming conservation lands (Additional Reserve includes provisions to manage the and fire suppression practices, OHV Lands) to complement the approximate populations within the preserve areas in activity, grazing, drought, and 347,000 ac (140,426 ha) of pre-existing order to provide for the long-term competition from nonnative invasive natural and open space areas (Public/ conservation of the species. plants (63 FR 54938; October 13, 1998, Quasi-Public (PQP) lands). These PQP Specific land use purposes are pp. 54983–54989). The Carlsbad HMP lands include those under Federal identified in the Carlsbad HMP. In each under the MHCP enacts conservation ownership, primarily managed by the of the areas that we proposed as critical measures that minimize the impact of USFS and BLM, and also permittee- habitat, lands were mapped as Hardline these threats on B. filifolia. We will owned or controlled open-space areas, Conservation Areas and Proposed analyze the benefits of inclusion and the primarily managed by the State and Hardline Conservation Areas. These two benefits of exclusion of the areas Riverside County. Collectively, the categories of land use make up the areas covered by this subarea plan in the final Additional Reserve Lands and PQP within the Carlsbad HMP that are revised critical habitat rule for B. lands form the overall Western conserved or will be conserved as the filifolia. We encourage any public Riverside County MSHCP Conservation plan is implemented. In Subunit 7a, comment in relation to our Area. The configuration of the 153,000 Letterbox Canyon, 17 ac (7 ha) of the 57 consideration of the areas in Subunits ac (61,916 ha) of Additional Reserve ac (23 ha) of proposed critical habitat 7a, 7b, 7c, and 7d for exclusion (see Lands is based on textual descriptions within the plan area are conserved or Public Comments section above). of habitat conservation necessary to will be conserved under the HMP. In meet the conservation goals for all Subunit 7b, Rancho Carrillo, all 37 ac Western Riverside County Multiple covered species within the bounds of (15 ha) of the proposed critical habitat Species Habitat Conservation Plan the approximately 310,000-ac (125,453- that are within the plan area are (Western Riverside County MSHCP) ha) Criteria Area. The Criteria Area is conserved or will be conserved under The Western Riverside County broken into criteria cells, and each cell the HMP. In Subunit 7c, Calavera Hills MSHCP is a large-scale, multi- has a description of conservation targets Village H, 60 ac (24 ha) of the 71 ac (29 jurisdictional HCP encompassing about that will be achieved within that cell. ha) of proposed critical habitat within 1.26 million ac (510,000 ha) in western This differs from some HCPs where the the plan area are conserved or will be Riverside County (Unit 11). The actual conservation area is mapped or conserved under the HMP. In Subunit Western Riverside County MSHCP ‘‘hardlined’’ during the planning stages. 7d, Rancho La Costa, 32 ac (13 ha) of the addresses 146 listed and unlisted The interpretation of the textual 98 ac (40 ha) of proposed critical habitat ‘‘covered species,’’ including Brodiaea descriptions, and therefore the creation within the plan area are conserved or filifolia. Participants in the Western of the actual conservation area, occurs will be conserved under the HMP. Riverside County MSHCP include 14 over time as the implementation of the Overall, of the 263 ac (106 ha) that we cities; the County of Riverside, Western Riverside County MSHCP takes are considering for exclusion under including the Riverside County Flood place. Each subunit has land in different section 4(b)(2) of the Act, 145 ac (59 ha) Control and Water Conservation Agency mapping categories (some of which are conserved or will be conserved (County Flood Control), Riverside overlap) as they relate to different under the HMP. County Transportation Commission, policies and review processes under the At the time the Carlsbad HMP permit Riverside County Parks and Open Space Western Riverside County MSHCP. The was issued (November 9, 2004), District, and Riverside County Waste break-down for each subunit in terms of Brodiaea filifolia was a conditionally Department; CDPR; and the California how much land is considered ‘‘Public/ covered species under the HMP, as the Department of Transportation. The Quasi Public,’’ within the ‘‘Criteria proposed hard-lined reserve on the Fox- Western Riverside County MSHCP was Area’’, or in one of the ‘‘Criteria Area Miller property within Subunit 7a did designed to establish a multi-species Species Survey Areas’’ (CASSA) is not meet the conditions for coverage of conservation program that minimizes presented in Table 8.

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TABLE 8. AREAS PROPOSED FOR CRITICAL HABITAT WITHIN THE WESTERN RIVERSIDE COUNTY MSHCP AND THE DIF- FERENT CONSERVATION CATEGORIES REPRESENTED IN THE WESTERN RIVERSIDE COUNTY MSHCP (ACRES (AC) HEC- TARES (HA)).

Lands within the Criteria Area considered for Location Public/Quasi Public Lands Area Lands within the CASSA exclusion

11a. San Jacinto Wildlife 387 ac (157 ha) 86 ac (35 ha) 86 ac (35 ha) CASSA 3 401 ac (162 ha) Area

11b. San Jacinto Avenue/ 0 ac (0 ha) 117 ac (47 ha) 117 ac (47 ha) CASSA 3 117 ac (47 ha) Dawson Road

11c. Case Road 0 ac (0 ha) 179 ac (73 ha) 180 ac (73 ha) CASSA 3 180 ac (73 ha)

11d. Railroad Canyon 78 ac (32 ha) 202 ac (82 ha) 135 ac (55 ha) CASSA 3 257 ac (104 ha)

11e. Upper Salt Creek 0 ac (0 ha) 145 ac (59 ha) 145 ac (59 ha) CASSA 3 145 ac (59 ha) (Stowe Pool)

11f. Santa Rosa Plateau – 221 ac (89 ha) 53 ac (21 ha) 53 ac (21 ha) CASSA 7 234 ac (95 ha) Mesa de Colorado

11g. Santa Rosa Plateau - 117 ac (47 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha) South of Tenaja Road

11h. Santa Rosa Plateau - 44 ac (18 ha) 0 ac (0 ha) 0 ac (0 ha) 44 ac (18 ha) North of Tenaja Road

Total1 846 ac (342 ha) 782 ac (316 ha) 715 ac (289 ha) 1,494 ac (605 ha) 1 Values in this table may not sum due to rounding.

The Western Riverside County conducted for B. filifolia within the lands, including approximately 6,900 ac MSHCP identifies five conservation MSHCP Conservation Area at least every (2,792 ha) of ‘‘suitable’’ B. filifolia objectives that will be implemented to 8 years to verify occupancy at a habitat, that will be conserved to meet provide long-term conservation of minimum 75 percent of the known the goals and objectives of the plan Brodiaea filifolia: (1) Include within the locations. Management measures will be (Service 2004b, p. 73). MSHCP Conservation Area at least 6,900 triggered, as appropriate, if a decline in Preservation and management of ac (2,792 ha) of grassland and playa/ species distribution is documented approximately 6,900 ac (2,792 ha) of vernal pool habitat within the San below this threshold. Other Brodiaea filifolia habitat under the Jacinto River, Mystic Lake, and Salt management actions will help maintain Western Riverside County MSHCP will Creek areas; (2) include within the habitat and populations of B. filifolia by contribute to conservation and ultimate Western Riverside County MSHCP preventing alteration of hydrology and recovery of this species. Brodiaea Conservation Area at least 11 major floodplain dynamics, OHV use, grazing, filifolia is threatened primarily by locations supporting B. filifolia in two and competition from nonnative agricultural activities, development, and core areas along the San Jacinto River invasive plants. fuel modification actions to prevent and on the Santa Rosa Plateau; (3) The goal of conserving 6,900 ac (2,792 wildfire within the area the plan covers conduct surveys for the species in ha) of occupied or suitable habitat for (Service 2004b, pp. 378–386). The certain areas of suitable habitat until the Brodiaea filifolia in the MSHCP Western Riverside County MSHCP will conservation goals are met (in Conservation Area can be attained remove and reduce threats to this accordance with the ‘‘Additional Survey through acquisition or other dedications species and the physical and biological Needs and Procedures’’ policy within of land assembled from within the features essential to its conservation as the CASSA, which includes avoidance Criteria Area (i.e., the Additional the plan is implemented by placing of 90 percent of portions of property Reserve Lands) or Narrow Endemic Plan large blocks of occupied and with long-term conservation value until Species Survey Area, and through unoccupied habitat into preservation the species conservation objectives are coordinated management of existing throughout the Conservation Area. met); (4) include within the Western PQP lands. We internally mapped a Areas identified for preservation and Riverside County MSHCP Conservation ‘‘Conceptual Reserve Design,’’ that conservation include known locations Area the floodplain along the San illustrates existing PQP lands and of the species along the San Jacinto Jacinto River to maintain floodplain predicts the geographic distribution of River, Mystic Lake, and Salt Creek processes along the San Jacinto River; the Additional Reserve Lands based on portions of the MSHCP Conservation and (5) include within the MSHCP our interpretation of the textual Area. Specific areas targeted for Conservation Area the floodplain along descriptions of habitat conservation conservation include occurrences along Salt Creek from Warren Road to necessary to meet conservation goals. Goetz Road, Perris Valley airport, Tenaja Newport Road, and the vernal pools in Our Conceptual Reserve Design was Road, Mesa de Colorado, Hemet vernal Upper Salt Creek west of Hemet (Dudek intended to predict one possible future pools, South SJWA, Squaw Mountain, and Associates, Inc. 2003, pp. P-435–P- configuration of the eventual Santa Rosa ranch, Slaughterhouse, 446; Service 2004b, pp. 383-384). approximately 153,000 ac (61,916 ha) of North SJWA, and Redondo Mesa. Additionally, the Western Riverside Additional Reserve Lands in The Western Riverside County County MSHCP requires surveys to be conjunction with the existing PQP MSHCP Conservation Area will

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maintain floodplain processes along the owns no land on the Plateau) signed a channelization, OHV activity, trampling San Jacinto River and along Salt Creek cooperative management agreement on by cattle and sheep, weed abatement, to provide for the distribution of April 16, 1991 (Dangermond and fire suppression practices (including Brodiaea filifolia to shift over time as Associates, Inc. 1991), and meet discing and plowing), and competition hydrologic conditions and seed bank regularly to work on the management of from nonnative invasive plant species sources change. As described above, the Reserve (Riverside County Parks (63 FR 54938; October 13, 1998). The surveys for B. filifolia will be conducted 2009, p. 2). The vernal pools within implementation of the Western in certain areas of suitable habitat until Subunit 11f are managed and monitored Riverside County MSHCP helps to the conservation goals are met (in to preserve the unique vernal pool address these threats through a regional accordance with the ‘‘Additional Survey plants and animals that occur on the planning effort rather than through a Needs and Procedures’’ policy within Santa Rosa Plateau, including Mesa de project-by-project approach and outlines CASSA. The CASSA area includes Colorado. species-specific objectives and criteria potential habitat for B. filifolia; thus, Approximately 96 percent of Subunit for the conservation of B. filifolia. In the focused surveys are required for this 11a (385 ac (156 ha)) is within the San final revised critical habitat rule for B. species. Conservation within this area Jacinto Wildlife Area, a wildlife area filifolia, we will analyze the benefits of includes avoidance of 90 percent of owned and operated by the CDFG. This inclusion and exclusion of this area portions of property with long-term area consists of restored wetlands that from critical habitat under section conservation value until the species provide habitat for waterfowl and 4(b)(2) of the Act. We encourage any conservation objectives of the Western wading birds, as well as seasonally public comment in relation to our Riverside County MSHCP are met. flooded vernal plain habitat along the consideration of the areas in Subunits Additionally, policies such as the San Jacinto River north of the Ramona 11a, 11b, 11c, 11d, 11e, 11f, 11f, 11g, Riparian/Riverine and Vernal Pool Expressway that supports Brodiaea and 11h for exclusion (see Public Policy (Dudek and Associates, Inc. 2003, filifolia. The Service regularly works Comments section above). pp. 6-20–6-27) provide additional with CDFG to ensure that the seasonally San Diego Multiple Species conservation requirements. flooded alkali vernal plain habitat at the The Western Riverside County San Jacinto Wildlife Area continues to Conservation Program (MSCP) – City MSHCP incorporates several processes function and provide a benefit to B. and County of San Diego Subarea Plans that allow for Service oversight and filifolia and other sensitive species that The MSCP is a subregional HCP made participation in program use this habitat. In addition to the up of several subarea plans that has implementation. These processes portion of Subunit 11a owned by CDFG, been in place for more than a decade. include: (1) Consultation with the 84 ac (34 ha) of the remaining land is The subregional plan area encompasses Service on a long-term management and within the Criteria Area. approximately 582,243 ac (235,626 ha) monitoring plan; (2) submission of Subunits 11b, 11c, 11e, and the (County of San Diego 1997, p. 1–1; annual monitoring reports; (3) annual remainder of the other subunits not MSCP 1998, pp. 2–1, and 4–2 to 4–4) status meetings with the Service; and (4) discussed above are not conserved at and provides for conservation of 85 submission of annual implementation this time. These subunits have federally listed and sensitive species reports to the Service (Service 2004b, p. protections in place from past (‘‘covered species’’) through the 9–10). Below we provide a brief analysis conservation efforts, through various establishment and management of of the lands in Unit 11 that the Secretary HCP requirements (such as the approximately 171,920 ac (69,574 ha) of is considering to exercise his discretion ‘‘Additional Survey Needs and preserve lands within the Multi-Habitat to exclude and how this area is covered Procedures’’ policy within the CASSA), Planning Area (MHPA) (City of San by the Western Riverside County or because they are within the Criteria Diego) and Pre-Approved Mitigation MSHCP or other conservation measures. Area. Projects in the Criteria Area will Areas (PAMA) (County of San Diego). The Western Riverside County be implemented through the Joint The MSCP was developed in support of MSHCP has several measures in place to Project Review Process to ensure that applications for incidental take permits ensure the plan is implemented in a the requirements of the MSHCP permit for several federally listed species by 12 way that conserves Brodiaea filifolia in and the Implementing Agreement are participating jurisdictions and many accordance with the species-specific properly met (Western Riverside County other stakeholders in southwestern San criteria and objectives for this species. MSHCP, Volume 1, section 6.6.2 in Diego County. Under the umbrella of the In the areas we propose as critical Dudek and Associates, Inc. 2003, p. 6- MSCP, each of the 12 participating habitat, we expect the Western 82). jurisdictions is required to prepare a Riverside County MSHCP will In summary, the Secretary is subarea plan that implements the goals adequately conserve this species or considering to exercise his discretion to of the MSCP within that particular provide for biologically equivalent exclude 1,494 ac (605 ha) of proposed jurisdiction. Brodiaea filifolia was conservation in an equally suitable area. critical habitat for Brodiaea filifolia on evaluated in the City and County of San We are proposing six subunits within permittee-owned or controlled lands in Diego Subarea Plans under the MSCP. Unit 11, all of which are within the Subunits 11a, 11b, 11c, 11d, 11e, 11f, The Service issued an incidental take boundaries of the Western Riverside 11g, and 11h that meet the definition of permit to the City of San Diego on July County MSHCP. critical habitat for B. filifolia within the 18, 1997 (Service 1997), and to the Lands already in permanent Western Riverside County MSHCP County of San Diego on March 17, 1998 conservation include a portion of lands under section 4(b)(2) of the Act. The (Service 1998), under section 10(a)(1)(B) in Subunits 11a, 11d, 11f, 11g, 11h. For 1998 final listing rule for B. filifolia of the Act; each permit is for a period example, subunit 11f is within the Santa identified the following primary threats of 50 years. Specifically, the Secretary is Rosa Plateau Ecological Reserve. This to B. filifolia: habitat destruction and considering to exercise his discretion to Reserve has four landowners: CDFG, the fragmentation from urban and exclude 109 ac (44 ha) in Unit 12 that County of Riverside, the Metropolitan agricultural development, pipeline are within the City and County of San Water District of Southern California, construction, road construction, Diego Subarea Plans. and The Nature Conservancy. The alteration of hydrology and floodplain Upon completion of preserve landowners and the Service (which dynamics, excessive flooding, assembly, approximately 171,920 ac

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(69,574 ha) of the 582,243-ac (235,626- and conserved within the subareas. This Public Hearings ha) MSCP plan area will be preserved accounting process ensures that habitat Section 4(b)(5) of the Act provides for (MSCP 1998, pp. 2–1 and 4–2 to 4–4). conservation proceeds in rough one or more public hearings on this City and County of San Diego Subarea proportion to habitat loss and in proposal, if we receive any requests for Plans identify areas where mitigation compliance with the MSCP subarea hearings. We must receive your request activities should be focused to assemble plans and the plans’ associated for a public hearing within 45 days after preserve areas in the MHPA and the implementing agreements. the date of this Federal Register PAMA. When the preserve is In summary, the Secretary is publication. Send your request to Jim completed, the public sector (i.e., Bartel, Field Supervisor of the Carlsbad Federal, State, and local government, considering to exercise his discretion to Fish and Wildlife Office (see FOR and general public) will have exclude 109 ac (44 ha) that meet the definition of critical habitat for Brodiaea FURTHER INFORMATION CONTACT section). contributed 108,750 ac (44,010 ha) (63.3 We will schedule public hearings on percent) to the preserve, of which filifolia within the City and County of San Diego Subarea Plans under the San this proposal, if any are requested, and 81,750 ac (33,083 ha) (48 percent) was announce the dates, times, and places of existing public land when the MSCP Diego MSCP under section 4(b)(2) of the those hearings, as well as how to obtain was established and 27,000 ac (10,927 Act. The 1998 final listing rule for B. reasonable accommodations, in the ha) (16 percent) will have been filifolia identified the following primary Federal Register and local newspapers acquired. At completion, the private threats to B. filifolia: habitat destruction at least 15 days before the first hearing. sector will have contributed 63,170 ac and fragmentation from urban and (25,564 ha) (37 percent) to the preserve agricultural development, pipeline Required Determinations as part of the development process, construction, road construction, Regulatory Planning and Review – either through avoidance of impacts or alteration of hydrology and flood plain Executive Order 12866 as compensatory mitigation for impacts dynamics, excessive flooding, to biological resources outside the channelization, OHV activity, trampling The Office of Management and Budget preserve. Currently and in the future, by cattle and sheep, weed abatement, (OMB) has determined that this rule is Federal and State governments, local fire suppression practices (including not significant and has not reviewed jurisdictions and special districts, and discing and plowing), and competition this proposed rule under Executive managers of privately owned lands will from nonnative invasive plant species Order 12866 (E.O. 12866). OMB bases manage and monitor their lands in the (63 FR 54938; October 13, 1998). The its determination upon the following four criteria: preserve for species and habitat implementation of the City and County protection (MSCP 1998, pp. 2-1 and 4– (1) Whether the rule will have an of San Diego Subarea Plans under the 2 to 4–4). annual effect of $100 million or more on Private lands within the PAMA and San Diego MSCP helps to address these the economy or adversely affect an MHPA are subject to special restrictions threats through a regional planning economic sector, productivity, jobs, the on development, and lands that are effort rather than through a project-by- environment, or other units of the dedicated to the preserve must be project approach, and outlines species- government. legally protected and permanently specific objectives and criteria for the (2) Whether the rule will create managed to conserve the covered conservation of B. filifolia. We will inconsistencies with other Federal species. Public lands owned by the analyze the benefits of inclusion and agencies’ actions. County, State of California, and the exclusion of this area from critical (3) Whether the rule will materially Federal government that are identified habitat under section 4(b)(2) of the Act. affect entitlements, grants, user fees, for conservation under the MSCP must We encourage any public comment in loan programs, or the rights and also be protected and permanently relation to our consideration of the areas obligations of their recipients. managed to protect the covered species. in Unit 12 for exclusion (see Public (4) Whether the rule raises novel legal Specifically, Brodiaea filifolia is only Comments section above). or policy issues. known to occur in the areas proposed as Peer Review Regulatory Flexibility Act (5 U.S.C. 601 Unit 12 within the City and County of et seq.) San Diego Subarea Plans and those areas In accordance with our joint policy Under the Regulatory Flexibility Act are being conserved under the plans. published in the Federal Register on Numerous processes are incorporated (RFA; 5 U.S.C. 601 et seq., as amended July 1, 1994 (59 FR 34270), we are into the MSCP that allow our oversight by the Small Business Regulatory obtaining the expert opinions of at least of the MSCP implementation. For Enforcement Fairness Act (SBREFA) of three appropriate independent example, the MSCP imposes annual 1996), whenever an agency must reporting requirements and provides for specialists regarding this proposed rule. publish a notice of rulemaking for any our review and approval of proposed The purpose of peer review is to ensure proposed or final rule, it must prepare subarea plan amendments and preserve that our critical habitat designation is and make available for public comment boundary adjustments and for Service based on scientifically sound data, a regulatory flexibility analysis that review and comment on projects during assumptions, and analyses. We will describes the effect of the rule on small the California Environmental Quality invite these peer reviewers to comment entities (i.e., small businesses, small Act review process. We also chair the during this public comment period on organizations, and small government MSCP Habitat Management Technical our specific assumptions and jurisdictions). However, no regulatory Committee and the Monitoring conclusions in this proposed revised flexibility analysis is required if the Subcommittee (MSCP 1998, pp. 5–11 to designation of critical habitat. We will head of an agency certifies the rule will 5–23). Each MSCP subarea plan must consider all comments and information not have a significant economic impact account annually for the progress it is we receive during this comment period on a substantial number of small making in assembling conservation on this proposed rule during our entities. SBREFA amended the RFA to areas. We must receive annual reports preparation of a final determination. require Federal agencies to provide a that include, both cumulatively and by Accordingly, our final decision may statement of factual basis for certifying project, the habitat acreage destroyed differ from this proposal. that the rule will not have a significant

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economic impact on a substantial based on adequate economic the designation of critical habitat, the number of small entities. information and provide the necessary legally binding duty to avoid An analysis of the economic impacts opportunity for public comment. destruction or adverse modification of of the 2004 proposed critical habitat critical habitat rests squarely on the Unfunded Mandates Reform Act (2 designation was made available to the Federal agency. Furthermore, to the U.S.C. 1501 et seq.) public on October 6, 2005 (70 FR extent that non-Federal entities are 58361), and finalized for the final rule In accordance with the Unfunded indirectly impacted because they to designate critical habitat for Brodiaea Mandates Reform Act, we make the receive Federal assistance or participate filifolia as published in the Federal following findings: in a voluntary Federal aid program, the Register on December 13, 2005 (70 FR (1) This rule will not produce a Unfunded Mandates Reform Act would 58361). The costs associated with Federal mandate. In general, a Federal not apply, nor would critical habitat critical habitat for B. filifolia, across the mandate is a provision in legislation, shift the costs of the large entitlement entire area considered for designation statute, or regulation that would impose programs listed above onto State (across designated and excluded areas), an enforceable duty upon State, local, or governments. were primarily due to mitigation and (2) Based in part on an analysis Tribal governments, or the private other conservation costs that may be conducted for the previous designation sector, and includes both ‘‘Federal required for real estate development of critical habitat and extrapolated to intergovernmental mandates’’ and projects. After excluding land in this designation, we do not expect this ‘‘Federal private sector mandates.’’ Riverside and San Diego Counties from rule to significantly or uniquely affect These terms are defined in 2 U.S.C. the proposed critical habitat, the small governments. Small governments 658(5) – (7). ‘‘Federal intergovernmental economic impact was estimated to be will be affected only to the extent that between $12.2 and $14.7 million (on a mandate’’ includes a regulation that if any of their programs or activities present/2005 value basis) or $12.2 to ‘‘would impose an enforceable duty involve Federal funds, permits, or other $16.9 million in undiscounted dollars upon State, local, or [T]ribal authorizations, the Federal action (an annualized cost of $0.6 to $0.8 governments,’’ with two exceptions. It agencies must ensure that their actions million annually) over the next 20 years. excludes ‘‘a condition of Federal are not likely to destroy or adversely Based on the 2005 economic analysis, assistance.’’ It also excludes ‘‘a duty modify the critical habitat. Therefore, a we concluded that the designation of arising from participation in a voluntary Small Government Agency Plan is not critical habitat for B. filifolia, as Federal program,’’ unless the regulation required. However, as we conduct our proposed in 2004, would not result in ‘‘relates to a then-existing Federal economic analysis for the revised rule, significant small business impacts. This program under which $500,000,000 or we will further evaluate this issue and analysis is presented in the notice of more is provided annually to State, revise this assessment if appropriate. availability for the economic analysis as local, and [T]ribal governments under Takings – Executive Order 12630 published in the Federal Register on entitlement authority,’’ if the provision October 6, 2005 (70 FR 58361). would ‘‘increase the stringency of In accordance with E.O. 12630 We are preparing a new analysis of conditions of assistance’’ or ‘‘place caps (Government Actions and Interference the economic impacts of this proposed upon, or otherwise decrease, the Federal with Constitutionally Protected Private revision to critical habitat for Brodiaea Government’s responsibility to provide Property Rights), we have analyzed the filifolia. At this time, we lack current funding,’’ and the State, local, or Tribal potential takings implications of economic information necessary to governments ‘‘lack authority’’ to adjust designating critical habitat for Brodiaea provide an updated factual basis for the accordingly. At the time of enactment, filifolia in a takings implications required RFA finding with regard to this these entitlement programs were: assessment. The takings implications proposed revision to critical habitat. Medicaid; AFDC work programs; Child assessment concludes that this Therefore, we defer the RFA finding Nutrition; Food Stamps; Social Services designation of critical habitat for B. until completion of the draft economic Block Grants; Vocational Rehabilitation filifolia does not pose significant takings analysis prepared under section 4(b)(2) State Grants; Foster Care, Adoption implications for lands within or affected of the Act and E.O. 12866. The draft Assistance, and Independent Living; by the designation. economic analysis will provide the Family Support Welfare Services; and Federalism – Executive Order 13132 required factual basis for the RFA Child Support Enforcement. ‘‘Federal finding. Upon completion of the draft private sector mandate’’ includes a In accordance with E.O. 13132 economic analysis, we will announce its regulation that ‘‘would impose an (Federalism), this proposed rule does availability in the Federal Register and enforceable duty upon the private not have significant Federalism effects. reopen the public comment period for sector, except (i) a condition of Federal A Federalism assessment is not the proposed designation. We will assistance or (ii) a duty arising from required. In keeping with Department of include with this announcement, as participation in a voluntary Federal the Interior and Department of appropriate, an initial regulatory program.’’ Commerce policy, we requested flexibility analysis or a certification that The designation of critical habitat information from, and coordinated the rule will not have a significant does not impose a legally binding duty development of, this proposed critical economic impact on a substantial on non-Federal Government entities or habitat designation with appropriate number of small entities accompanied private parties. Under the Act, the only State resource agencies in California. by the factual basis for that regulatory effect is that Federal agencies The designation may have some benefit determination. We concluded that must ensure that their actions do not to these governments because the areas deferring the RFA finding until destroy or adversely modify critical that contain the features essential to the completion of the draft economic habitat under section 7. While non- conservation of the species are more analysis is necessary to meet the Federal entities that receive Federal clearly defined, and the primary purposes and requirements of the RFA. funding, assistance, permits, or constituent elements of the habitat Deferring the RFA finding in this otherwise require approval or necessary to the conservation of the manner will ensure that we make a authorization from a Federal agency for species are specifically identified. This sufficiently informed determination an action may be indirectly impacted by information does not alter where and

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what federally sponsored activities may Circuit (Douglas County v. Babbitt, 48 Energy Supply, Distribution, or Use – occur. However, it may assist these local F.3d 1495 (9th Cir. 1995), cert. denied Executive Order 13211 governments in long-range planning 516 U.S. 1042 (1996)). On May 18, 2001, the President issued (because these local governments no Clarity of the Rule an Executive Order (E.O. 13211; Actions longer have to wait for case-by-case Significantly Affect Energy Supply, section 7 consultations to occur). We are required by Executive Orders Distribution, or Use) on regulations that Where State and local governments 12866 and 12988 and by the significantly affect energy supply, require approval or authorization from a Presidential Memorandum of June 1, distribution, and use. E.O. 13211 Federal agency for actions that may 1998, to write all rules in plain affect critical habitat, consultation requires agencies to prepare Statements language. This means that each rule we of Energy Effects when undertaking under section 7(a)(2) would be required. publish must: While non-Federal entities that receive certain actions. Based on an analysis Federal funding, assistance, or permits, (1) Be logically organized; conducted for the previous designation of critical habitat and extrapolated to or that otherwise require approval or (2) Use the active voice to address this designation, along with a further authorization from a Federal agency for readers directly; an action, may be indirectly impacted analysis of the additional areas included (3) Use clear language rather than in this revision, we determined that this by the designation of critical habitat, the jargon; legally binding duty to avoid proposed rule to designate critical destruction or adverse modification of (4) Be divided into short sections and habitat for Brodiaea filifolia is not critical habitat rests squarely on the sentences; and expected to significantly affect energy supplies, distribution, or use. Therefore, Federal agency. (5) Use lists and tables wherever this action is not a significant energy possible. Civil Justice Reform – Executive Order action, and no Statement of Energy 12988 If you feel that we have not met these Effects is required. However, we will In accordance with Executive Order requirements, send us comments by one further evaluate this issue as we 12988 (Civil Justice Reform), it has been of the methods listed in the ADDRESSES conduct our economic analysis, and determined that the rule does not section. To better help us revise the review and revise this assessment as unduly burden the judicial system and rule, your comments should be as warranted. specific as possible. For example, you meets the requirements of sections 3(a) References Cited and 3(b)(2) of the Order. We have should tell us the numbers of the proposed to revise critical habitat in sections or paragraphs that are unclearly A complete list of all references cited accordance with the provisions of the written, which sections or sentences are in this rulemaking is available on http:// Act. This proposed rule uses standard too long, the sections where you feel www.regulations.gov and upon request property descriptions and identifies the lists or tables would be useful, etc. from the Field Supervisor, Carlsbad Fish primary constituent elements within the Government-to-Government and Wildlife Office (see FOR FURTHER designated areas to assist the public in Relationship with Tribes INFORMATION CONTACT section). understanding the habitat needs of Author(s) Brodiaea filifolia. In accordance with the President’s memorandum of April 29, 1994, The primary author of this proposed Paperwork Reduction Act of 1995 (44 rule is the staff from the Carlsbad Fish U.S.C. 3501 et seq.) Government-to-Government Relations with Native American Tribal and Wildlife Office (see FOR FURTHER This rule does not contain any new Governments (59 FR 22951), E.O. 13175, INFORMATION CONTACT section). collections of information that require and the Department of the Interior’s List of Subjects in 50 CFR Part 17 approval by OMB under the Paperwork manual at 512 DM 2, we have a Reduction Act of 1995 (44 U.S.C. 3501 responsibility to communicate Endangered and threatened species, et seq.). This rule will not impose meaningfully with recognized Federal Exports, Imports, Reporting and recordkeeping or reporting requirements Tribes on a government-to-government recordkeeping requirements, on State or local governments, basis. In accordance with Secretarial Transportation. individuals, businesses, or Order 3206 of June 5, 1997 (American Proposed Regulation Promulgation organizations. An agency may not Indian Tribal Rights, Federal-Tribal conduct or sponsor, and a person is not Trust Responsibilities, and the Accordingly, we propose to amend required to respond to, a collection of Endangered Species Act), we readily part 17, subchapter B of chapter I, title information unless it displays a acknowledge our responsibilities to 50 of the Code of Federal Regulations, currently valid OMB control number. work directly with Tribes in developing as set forth below: National Environmental Policy Act programs for healthy ecosystems, to PART 17—[AMENDED] (NEPA) (42 U.S.C. 4321 et seq.) acknowledge that tribal lands are not It is our position that, outside the subject to the same controls as Federal 1. The authority citation for part 17 jurisdiction of the U.S. Court of Appeals public lands, to remain sensitive to continues to read as follows: for the Tenth Circuit, we do not need to Indian culture, and to make information Authority: 16 U.S.C. 1361–1407; 16 U.S.C. prepare environmental analyses as available to Tribes. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– defined by NEPA (42 U.S.C. 4321 et We determined that there are no tribal 625, 100 Stat. 3500; unless otherwise noted. seq.) in connection with designating lands meeting the definition of critical 2. In § 17.12(h), revise the entry for critical habitat under the Act. We habitat for Brodiaea filifolia. Therefore, ‘‘Brodiaea filifolia’’ under ‘‘Flowering published a notice outlining our reasons critical habitat for B. filifolia is not being Plants’’ to read as follows: for this determination in the Federal proposed on tribal lands. We will Register on October 25, 1983 (48 FR continue to coordinate with tribal § 17.12 Endangered and threatened plants. 49244). This position was upheld by the governments as applicable during the * * * * * U.S. Court of Appeals for the Ninth designation process. (h) * * *

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SPECIES Historic Range Family Status When Listed Critical Habitat Special Rules Scientific Name Common Name

Flowering Plants

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Brodiaea thread-leaved U.S.A. (CA) Themidaceae – T 650 17.96(a) NA filifolia brodiaea Cluster Lily

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3. Amend § 17.96(a) by: (such as Fallbrook, Huerhuero, or Las (ii) Areas with a natural, generally a. Removing the entry for ‘‘Brodiaea Flores) occurring between the elevations intact surface and subsurface soil filifolia (thread-leaved brodiaea)’’ under of 100 and 2,500 ft (30 and 762 m). structure, not permanently altered by Family Liliaceae; and (B) Soils (such as Cieneba-rock anthropogenic land use activities (such b. Adding a new entry for ‘‘Brodiaea outcrop complex and Ramona family- as deep, repetitive discing, or grading) filifolia (thread-leaved brodiaea)’’ under Typic Xerothents soils) altered by extending out up to 820 ft (250 m) from Family Themidaceae in alphabetic order hydrothermal activity occurring mapped occurrences of Brodiaea by family name to read as follows: between the elevations of 1,000 and filifolia. § 17.96 Critical habitat—plants. 2,500 ft (305 and 762 m). (3) Critical habitat does not include (a) Flowering plants. (C) Silty loam soil series underlain by manmade structures existing on the a clay subsoil or caliche that are * * * * * effective date of this rule and not generally poorly drained, moderately to containing one or more of the primary Family Themidaceae: Brodiaea filifolia strongly alkaline, granitic in origin constituent elements, such as buildings, (thread-leaved brodiaea) (such as Domino, Grangeville, Traver, aqueducts, airports, and roads, and the (1) Critical habitat units are depicted Waukena, or Willows) occurring land on which such structures are for Los Angeles, San Bernardino, between the elevations of 600 and 1,800 located. ft (183 and 549 m). Riverside, Orange, and San Diego (4) Critical habitat map units. Data Counties, California, on the maps below. (D) Clay loam soil series (such as Murrieta) underlain by heavy clay loams layers defining map units were created (2) Within these areas, the primary using a base of U.S. Geological Survey constituent elements for Brodiaea or clays derived from olivine basalt lava flows occurring between the elevations 7.5’ quadrangle maps. Critical habitat filifolia consist of two components: units were then mapped using Universal (i) Appropriate soil series at a range of 1,700 and 2,500 ft (518 and 762 m). Transverse Mercator (UTM) zone 11, of elevations and in a variety of plant (E) Sandy loam soils derived from North American Datum (NAD) 1983 communities, specifically: basalt and granodiorite parent materials; (A) Clay soil series of various origins deposits of gravel, cobble, and boulders; coordinates. (such as Alo, Altamont, Auld, or or hydrologically fractured, weathered (5) Note: Index Map of critical habitat Diablo), clay lenses found as unmapped granite in intermittent streams and units for Brodiaea filifolia (thread- inclusions in other soils series, or loamy seeps occurring between 1,800 and leaved brodiaea) follows: soils series underlain by a clay subsoil 2,500 ft (549 and 762 m). BILLING CODE 4310–55–S

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(6) Unit 1: Los Angeles County. (ii) Subunit 1b, San Dimas. (iii) Note: Map of Unit 1, Subunits 1a (i) Subunit 1a, Glendora [Description [Description of unit location to be and 1b, follows: of unit location to be inserted here.] inserted here.]

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(7) Unit 2: San Bernardino County. (i) [Description of unit location to be (ii) Note: Map of Unit 2 follows: inserted here.]

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(8) Unit 3: Central Orange County. (i) [Description of unit location to be (ii) Note: Map of Unit 3 follows: inserted here.]

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(9) Unit 4: Southern Orange County. (ii) Subunit 4c, Can˜ ada Governadora/ (iii) Subunit 4g, Christianitos Canyon. (i) Subunit 4b, Caspers Wilderness Chiquita Ridgeline. [Description of unit [Description of unit location to be Park. [Description of unit location to be location to be inserted here.] inserted here.] inserted here.] (iv) Note: Map of Unit 4 follows:

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(10) Unit 5: Northern San Diego (i) Subunit 5b, Devil Canyon. (ii) Note: Map of Unit 5 follows: County. [Description of unit location to be inserted here.]

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(11) Unit 6: Oceanside. (iii) Subunit 6c, Mission View/Sierra (v) Subunit 6e, Arbor Creek. (i) Subunit 6a, Alta Creek. Ridge. [Description of unit location to be [Description of unit location to be [Description of unit location to be inserted here.] inserted here.] inserted here.] (ii) Subunit 6b, Mesa Drive. (iv) Subunit 6d, Taylor/Darwin. (vi) Note: Map of Unit 6 follows: [Description of unit location to be [Description of unit location to be inserted here.] inserted here.]

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(12) Unit 7: Carlsbad. (ii) Subunit 7b, Rancho Carrillo. (iv) Subunit 7d, Rancho La Costa. (i) Subunit 7a, Letterbox Canyon. [Description of unit location to be [Description of unit location to be [Description of unit location to be inserted here.] inserted here.] (iii) Subunit 7c, Calavera Hills inserted here.] (v) Note: Map of Unit 7 follows: Village. [Description of unit location to be inserted here.]

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(13) Unit 8: San Marcos and Vista. (ii) Subunit 8d, Upham. [Description (iii) Subunit 8f, Oleander/San Marcos. (i) Subunit 8b, Rancho Santalina/ of unit location to be inserted here.] [Description of unit location to be Loma Alta. [Description of unit location inserted here.] to be inserted here.] (iv) Note: Map of Unit 8 follows:

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(14) Unit 11: Riverside County. (iv) Subunit 11d, Railroad Canyon. (vii) Subunit 11g, Santa Rosa (i) Subunit 11a, San Jacinto Wildlife [Description of unit location to be Plateau—South of Tenaja Road. Area. [Description of unit location to be inserted here.] [Description of unit location to be inserted here.] (v) Subunit 11e, Upper Salt Creek inserted here.] (ii) Subunit 11b, San Jacinto Avenue/ (Stowe Pool). [Description of unit (viii) Subunit 11h, Santa Rosa Dawson Road. [Description of unit location to be inserted here.] location to be inserted here.] Plateau—North of Tenaja Road. (iii) Subunit 11c, Case Road. (vi) Subunit 11f, Santa Rosa Plateau— [Description of unit location to be [Description of unit location to be Mesa de Colorado. [Description of unit inserted here.] inserted here.] location to be inserted here.] (ix) Note: Map of Unit 11 follows:

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(15) Unit 12: San Diego County. (i) [Description of unit location to be (ii) Note: Map of Unit 12 follows: inserted here.]

* * * * * Dated: November 21, 2009. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–28869 Filed 12–7–09; 8:45 am] BILLING CODE 4310–55–C

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