Wednesday, December 8, 2004

Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants: Proposed Designation of Critical Habitat for Brodiaea filifolia (thread- leaved brodiaea); Proposed Rule

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DEPARTMENT OF THE INTERIOR will be available for public inspection, section). Please submit Internet by appointment, during normal business comments to [email protected] in Fish and Wildlife Service hours at the Carlsbad Fish and Wildlife ASCII file format and avoid the use of Office (at the above address) (telephone special characters or any form of 50 CFR Part 17 number 760–431–9440). encryption. Please also include ‘‘Attn: Brodiaea filifolia’’ in your e-mail subject RIN 1018–AT75 FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and header and your name and return Endangered and Threatened Wildlife Wildlife Service (see ADDRESSES address in the body of your message. If and Plants; Proposed Designation of section). you do not receive a confirmation from the system that we have received your Critical Habitat for Brodiaea filifolia SUPPLEMENTARY INFORMATION: (thread-leaved brodiaea) internet message, contact us directly by Public Comments Solicited calling our Carlsbad Fish and Wildlife AGENCY: Fish and Wildlife Service, We intend that any final action Office at phone number 760–431–9440. Interior. Please note that the Internet address resulting from this proposal be as _ ACTION: Proposed rule. accurate as possible. Accordingly, we fw1cfwo [email protected] will be closed out at the termination of the public SUMMARY: We, the Fish and Wildlife hereby solicit comments or suggestions from the public, other governmental comment period. Service (Service), propose to designate Our practice is to make comments, critical habitat pursuant to the agencies and entities, Tribes, the scientific community, industry, and any including the names and home Endangered Species Act of 1973, as addresses of respondents, available for amended (Act), for the federally other interested parties regarding this proposed rule. In particular, we seek public review during regular business threatened Brodiaea filifolia (thread- hours. Individual respondents may leaved brodiaea). We have determined comments concerning: (1) The reasons any areas should or request that we withhold their home that 9,403 acres (ac) (3,805 hectares (ha)) address from the rulemaking record, and of habitat with essential features exists should not be determined to be critical habitat as provided by section 4 of the we will honor such requests to the for Brodiaea filifolia in Los Angeles, San extent allowable by law. There also may Bernardino, Orange, Riverside, and San Act, including whether the benefits of designation will outweigh threats to the be circumstances in which, as allowable Diego counties. Of this eligible habitat, by law, we would withhold from the we are proposing to designate species due to the designation; (2) Specific information on the rulemaking record a respondent’s approximately 4,690 ac (1,898 ha) of identity. If you wish us to withhold land in 10 units in Los Angeles, San amount and distribution of Brodiaea filifolia and its habitat, specifically your name and/or address, you must Bernardino, Orange, and San Diego state this prominently at the beginning Counties, California, as critical habitat updated information on specific populations or occurrences and what of your comment. We will not, however, for this species. Eligible habitat in consider anonymous comments. The Riverside and portions of San Diego habitat or habitat components or features are essential to the conservation Service will make all submissions from counties covered by approved and/or organizations or businesses, and from pending habitat conservation plans is of this species and why; (3) Land use designations and current individuals identifying themselves as being proposed for exclusion from or planned activities in or adjacent to representatives or officials of critical habitat under 4(b)(2) of the Act. the subject areas and their possible organizations or businesses, available DATES: We will accept comments from impacts on proposed critical habitat; for public inspection in their entirety. all interested parties until February 7, (4) Any foreseeable economic, Comments and materials received will 2005. We must receive requests for national security, or other potential be available for public inspection, by public hearings, in writing, at the impacts which could result from the appointment, during normal business address shown in the ADDRESSES section proposed designation and, in particular, hours at the above address. by January 24, 2005. any impacts to small entities; and Designation of Critical Habitat Provides ADDRESSES: If you wish to comment, (5) Whether our approach to Little Additional Protection to Species you may submit your comments and designating critical habitat could be information concerning this proposal by improved or modified in any way to In 30 years of implementing the Act, any one of several methods: provide for greater public participation we have found that the designation of 1. You may submit written comments and understanding, or to assist us in statutory critical habitat provides little and information to the Field Supervisor, accommodating public concerns and additional protection to most listed U.S. Fish and Wildlife Service, Carlsbad comments. species, while consuming significant Fish and Wildlife Office, 6010 Hidden (6) We request information from the amounts of available conservation Valley Road, Carlsbad, CA 92009. Department of Defense to assist the resources. Our present system for 2. You may hand-deliver written Secretary of the Interior in evaluating designating critical habitat has evolved comments and information to our office critical habitat on lands administered by since its original statutory prescription at the above address. or under the control of the Department into a process that provides little real 3. You may send comments and of Defense based on any benefit conservation benefit, is driven by information by electronic mail (e-mail) provided by an Integrated Natural litigation and the courts rather than [email protected]. Please see the Resources Management Plan (INRMP) to biology, limits our ability to fully ‘‘Public Comments Solicited’’ section the conservation of Brodiaea filifolia; evaluate the science involved, consumes below for file format and other and information regarding impacts to enormous agency resources, and information about electronic filing. national security associated with imposes huge social and economic 4. You may fax your comments to proposed designation of critical habitat. costs. We believe that additional agency 760–431–3624. If you wish to comment, you may discretion would allow our focus to Comments and materials received, as submit your comments and materials return to those actions that provide the well as supporting documentation used concerning this proposal by any one of greatest benefit to the species most in in preparation of this proposed rule, several methods (see ADDRESSES need of protection.

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Role of Critical Habitat in Actual listing petition responses, our own and seeds takes four to eight weeks. The Practice of Administering and proposals to list critically imperiled rate of deposition and duration of seeds Implementing the Act species, and final listing determinations in the soil is unknown. However, it is While attention to and protection of on existing proposals are all likely that the majority of seeds habitat is paramount to successful significantly delayed. produced in the capsules are dispersed The accelerated schedules of court- conservation actions, we have nearby and as such would be expected ordered designations have left us with consistently found that, in most to be scattered among the standing almost no ability to provide for adequate circumstances, the designation of plants at any given occurrence. public participation or to ensure a Conditions conducive to triggering critical habitat is of little additional defect-free rulemaking process before natural germination are also unknown. value for most listed species, yet it making decisions on listing and critical Leaves are likely produced every year. consumes large amounts of conservation habitat proposals due to the risks Young plants may produce only leaves resources. Sidle (1987) stated, ‘‘Because associated with noncompliance with for a few seasons before having enough the Act can protect species with and judicially-imposed deadlines. This in food stores to be capable of producing without critical habitat designation, turn fosters a second round of litigation flower stalks. Leaves appear in early critical habitat designation may be in which those who fear adverse spring and die back by the time of redundant to the other consultation impacts from critical habitat flowering which typically occurs from requirements of section 7.’’ Currently, designations challenge those May to June. Even mature specimens only 467 species or 37 percent of the designations. The cycle of litigation may not flower every year, depending 1,255 listed species in the United States appears endless, is very expensive, and upon environmental conditions. The under our jurisdiction have designated in the final analysis provides relatively flower stalks are 20 to 40 cm (8 in to 16 critical habitat. We address the habitat little additional protection to listed in) tall. The tubular flowers are 9 mm needs of all 1,255 listed species through species. to 12 mm (0.4 in to 0.5 in) long and are conservation mechanisms such as The costs resulting from the arranged in loose umbels. The six listing, section 7 consultations, the designation include legal costs, the cost perianth segments are violet, with their Section 4 recovery planning process, the of preparation and publication of the tips spreading. The staminodia Section 9 protective prohibitions of designation, the analysis of the (characteristic sterile stamens) are unauthorized take, Section 6 funding to economic effects and the cost of narrow and pointed. the States, and the Section 10 incidental requesting and responding to public All species of Brodiaea are self- take permit process. We believe that it comment, and in some cases the costs incompatible, requiring cross- is these measures that may make the of compliance with NEPA; all are part pollination to set seed. The corm is the difference between extinction and of the cost of critical habitat principal means by which plants of the survival for many species. designation. None of these costs result genus Brodiaea perpetuate themselves We note, however, that a recent 9th in any benefit to the species that is not (Niehaus 1971). Seedlings produce Circuit judicial opinion, Gifford Pinchot already afforded by the protections of contractile roots (roots of specialized Task Force v. United States Fish and the Act enumerated earlier, and they form designed to shrink vertically under Wildlife Service, has invalidated the directly reduce the funds available for conditions of seasonal drying) for the Service’s regulation defining destruction direct and tangible conservation actions. first few years. These roots swell with or adverse modification of critical Background moisture in the wet season creating a habitat. We are currently reviewing the space in the malleable clay substrate. As decision to determine what effect it may It is our intent to discuss only those the season progresses, the succulent root have on the outcome of consultations topics directly relevant to the dries and shrinks vertically, drawing the pursuant to Section 7 of the Act. designation of critical habitat in this young corm down into the ground. This proposed rule and that clarify the is repeated for a few years until the soil Procedural and Resource Difficulties in species description and biology Designating Critical Habitat moisture is insufficient to support the provided in the final listing rule. contractile root. The corm from the We have been inundated with Additional information on the biology previous year is replaced by an adjacent lawsuits for our failure to designate and ecology of Brodiaea filifolia and the new corm each year. The new corm of critical habitat, and we face a growing factors affecting the species can be a mature plant often produces two to number of lawsuits challenging critical found in the final rule listing the species fifteen cormlets (Niehaus 1971). habitat determinations once they are as threatened, published in the Federal The historical range of Brodiaea made. These lawsuits have subjected us Register on October 13, 1998 (63 FR filifolia extends from the foothills of the to an ever-increasing series of court 54975). San Gabriel Mountains in Los Angeles orders and court-approved settlement Brodiaea filifolia is a perennial herb County (Glendora and San Dimas), east agreements, compliance with which in the Liliaceae (lily family) that to the western foothills of the San now consumes nearly the entire listing produces leaves and flower stalks from Bernardino Mountains in San program budget. This leaves us with dark-brown, fibrous-coated Bernardino County (Arrowhead Hot little ability to prioritize our activities to underground corms (underground bulb- Springs), south through eastern Orange direct scarce listing resources to the like storage stem that lacks succulent and western Riverside Counties to listing program actions with the most leaves). Corms are dormant in the northern San Diego County (Highland biologically urgent species conservation summer but begin growing after the first Valley) (USFWS 1998; CNDDB 2003; needs. significant fall rains saturate the soil. City of San Diego 1997; SANDAG 2003). The consequence of the critical Leaves grow slowly throughout the This species is usually found in habitat litigation activity is that limited winter. At the time of flowering, herbaceous plant communities that listing funds are used to defend active generally early summer, the leaves of occur in open areas on clay soils, soils lawsuits, to respond to Notices of Intent Brodiaea are dead or nearly so and next with clay subsurface, or clay lenses (NOIs) to sue relative to critical habitat, season’s corms are mature. The within loamy, silty loam, or alkaline and to comply with the growing number flowering period lasts for two to three soils, and elevations of 100 ft (30 m) to of adverse court orders. As a result, weeks, and development of the capsules 2,500 ft (765 m), depending on soil

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series. These plant communities are by heavy clays derived from basalt lava continuing threats to this species in generally classified as non-native flows (i.e., Murrieta series on the Santa Orange, Riverside, and San Diego grassland, valley needlegrass grassland, Rosa Plateau) (U.S. Department of Counties. White and Bramlet (2004) valley sacaton grassland, alkali playa, Agriculture 1971, Bramlet 1993, CNDDB note that habitats for Brodiaea filifolia southern interior basalt vernal pools, 2003). On these soils, B. filifolia is in Orange County and some in San San Diego mesa hardpan vernal pools, typically found as a constituent of Diego County are degraded by ‘‘dense and San Diego mesa claypan vernal native perennial and non-native annual infestations’’ of the perennial Cynara pools (Holland 1986). Based upon grasslands. In San Marcos, the Santa cardunculus (artichoke thistle). The dominant species, these communities Rosa Plateau, and near Hemet, these species is also threatened by have been further divided into series grasslands are often part of the recreational activities such as off-road which include, but are not limited to, watersheds for vernal pool and playa vehicle use; clearing for firebreaks; California annual grassland, nodding complexes (Bramlet 1993, Service 1998, alteration of existing hydrologic needlegrass, purple needlegrass, foothill CNDDB 2003). These soils enable the conditions resulting from construction needlegrass, saltgrass, alkali grassland, natural process of seed dispersal and and operation of flood control alkali playa, and bush seepweed and germination, cormlet deposition to an structures; over-grazing; and habitats such as San Diego mesa vernal appropriate soil depth, and corm competition from non-native plant pools, San Jacinto Valley vernal pools, persistence through seedling and adult species (USFWS 1998, RECON 1999, and Santa Rosa Plateau vernal pools phases of flowering and fruit set CNDDB 2003). (Sawyer and Keeler-Wolf 1994). described earlier. Translocation may also be a threat to Brodiaea filifolia grows in association Members of the genus Brodiaea likely this species. Translocation efforts with coastal sage scrub vegetation in rely on Tumbling Flower Beetles associated with mitigation for some areas, such as Los Angeles and (Coleoptera) and Sweat Bees development projects have not, on the San Bernardino Counties. (Hymenoptera) for cross-pollination whole, proved to be successful in Brodiaea filifolia has also been found (Niehaus 1971). The home ranges and conserving the species (Fiedler 1991). in the San Mateo Wilderness Area near species fidelity of these pollinators is Information on file for ten mitigation the northern border of San Diego and not known. Alternative pollen source based translocations suggests that there Riverside counties and in the Miller plants may be necessary for the has been little consistency or recording Peak area in the Santa Ana Mountains persistence of these insects when of translocation methodology or project of western Riverside County. These Brodiaea filifolia is not in flower design, minimal effective monitoring, occurrences appear to include some seasonally or annually because of poor and success was either deemed negative hybrids between B. filifolia and B. environmental conditions. Studies to or unknown. For all ten projects the orcuttii. Occurrences in the San Mateo quantify the distance that bees will fly stated objective of the translocation Wilderness Area have been observed to pollinate their host plants are limited effort was to salvage plants from sites to along the banks of, and within, in number, but the few that exist show intermittent stream channels, and those that some bees will routinely fly 100 to be developed. Accounting for the in the Miller Peak area have been 500 m (328 to 984 ft) to pollinate plants. numbers and origins of corms has been observed on clay soils in southern Studies by Steffan-Dewenter and poorly documented. In some cases needlegrass grassland (Boyd et al. 1992). Tscharntke (2000) have demonstrated agreed-upon endowments to cover In Miller Canyon, a tributary that drains that it is possible for bees to fly at least monitoring and management were not the southern flank of Miller Mountain, 1,000 m (3,280 ft) to pollinate flowers, provided. Monitoring has not provided the species and some hybrids are found and at least one study suggests that information about establishment of new on deposits of gravel, cobble, and small bumblebees may forage many kilometers plants from those translocated to the boulders along the stream channel in from a colony (Sudgen 1985). receptor sites. Even if individuals association with tussocks of Juncus The size of a particular population of become established, the survival of macrophyllus and Muhlenbergia rigens Brodiaea species, as well as other corm transplanted corms does not necessarily and in vernal seeps and on open, clayey and bulb forming species, is often indicate success for the species. Due to benches (Boyd et al. 1992). measured by counting numbers of the lack of successful translocations of All members of the genus Brodiaea standing flower stalks. However, this species, listed as endangered by the appear to require full sun, and many because more plants flower in wet years State, staff at the California Department tend to occur on only one or a few soil than dry years, flowering plants likely of Fish and Game (CDFG) attempt to series (Niehaus 1971). In San Diego, represent only a portion of the total negotiate the avoidance of translocation Orange, and Los Angeles Counties, population of plants present at any for this species citing take provisions occurrences of Brodiaea filifolia are given site. In addition to the annual under Section 2081(a) of the Fish and highly correlated with specific clay soil fluctuation in numbers of flowering Game Code. The loss of all or portions series such as, but not limited to, Alo, plants, seedlings and young plants of native populations of B. filifolia due Altamont, Auld, and Diablo or clay lens likely only produce leaves for a few to habitat loss coupled with the failure inclusions in a matrix of loamy soils years before they are able to produce of translocation efforts continues to such as Fallbrook, Huerhuero, and Las flower stalks. These vegetative plants contribute to the decline of B. filifolia. Flores series (63 FR 54975, CNDDB may go undetected in surveys. Previous Federal Actions 2003, Service GIS data 2004). In San By 1998, at least 25 percent of Bernardino, the species is associated Brodiaea filifolia populations or For more information on previous with Etsel family-Rock outcrop- occurrences were eliminated by federal actions concerning Brodiaea Springdale and Tujunga-Urban land- urbanization and agricultural filifolia prior to the time of listing, refer Hanford soils (Service GIS data 2004). In conversion (63 FR 54975). This species to the final rule listing the species as western Riverside County, the species is has also been impacted by non- threatened published in the Federal often found on alkaline silty-clay soil agricultural disking for fire and weed Register on October 13, 1998 (63 FR series such as, but not limited to, control as well as grading (White and 54975). A recovery plan for B. filifolia Domino, Grangeville, Waukena, and Bramlet 2004). Urban development and has not yet been completed. The Willows or on clay loam soils underlain flood control projects are among the following text discusses those Federal

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actions that occurred subsequent to the essential life cycle needs of the species direction and substance of future listing. (i.e., areas on which are found the recovery plans, habitat conservation On November 15, 2001, a lawsuit was primary constituent elements, as plans, or other species conservation filed against the Department of the defined at 50 CFR 424.12(b)). planning efforts if new information Interior (DOI) and the Service by the Our regulations state that, ‘‘The available to these planning efforts calls Center for Biological Diversity and Secretary shall designate as critical for a different outcome. California Native Plant Society, habitat areas outside the geographic area challenging our ‘‘not prudent’’ presently occupied by the species only Methods determinations for eight plants when a designation limited to its As required by section 4(b)(1)(A) of including Brodiaea filifolia (No. CV–01– present range would be inadequate to the Act, we used the best scientific and 2101) (CBD et al. v. USDOI). A second ensure the conservation of the species’’ commercial data available in lawsuit asserting the same challenge (50 CFR 424.12(e)). Accordingly, when determining areas that contain the was filed against the DOI and the the best available scientific and features that are essential to the Service by the Building Industry Legal commercial data do not demonstrate conservation of Brodiaea filifolia. We Defense Foundation (BILD) on that the conservation needs of the designated no areas outside the November 21, 2001 (No. CV–01–2145) species so require, we will not designate geographic area presently occupied by (BILD v. USDOI). Both cases critical habitat in areas outside the the species. These included data and consolidated on March 19, 2002, and all geographic area occupied by the species. information from research and survey parties agreed to remand the critical Our Policy on Information Standards observations in published, peer- habitat determinations to the Service for Under the Endangered Species Act, reviewed articles, and data provided by additional consideration. In a July 1, published in the Federal Register on the California Department of Fish and 2002, order, the U.S. District Court for July 1, 1994 (59 FR 34271) and our U.S. Game (CDFG), and data provided by the the Southern District of California Fish and Wildlife Service Information California Natural Diversity Database directed us to publish a new prudency Quality Guidelines (2002) provide (CNDDB). We also reviewed available determination and/or propose critical criteria, establish procedures, and information pertaining to the habitat habitat for B. filifolia on or before provide guidance to ensure that our requirements of this species including November 30, 2004. This proposed rule decisions represent the best scientific the final listing rule; our draft Recovery to designate critical habitat complies and commercial data available. These Plan; data and information included in with the court’s ruling. policies and guidelines require us, to reports submitted during section 7 the extent consistent with the Act and consultations; information contained in Critical Habitat with the use of the best scientific and species analyses for individual and Critical habitat is defined in section 3 commercial data available, to use regional Habitat Conservation Plans of the Act as—(i) the specific areas primary and original sources of (HCPs) where B. filifolia is a covered within the geographic area occupied by information as the basis for species or is being proposed for a species, at the time it is listed in recommendations to designate critical coverage; data collected on Marine accordance with the Act, on which are habitat. When determining which areas Corps Base (MCB) Camp Pendleton; data found those physical or biological are critical habitat, a primary source of collected from reports submitted by features (I) essential to the conservation information should be the listing researchers holding section 10(a)(1)(A) of the species’’ and (II) that may require package for the species. Additional recovery permits; and information special management considerations or information may be obtained from a received from local species experts. protection; and (ii) specific areas recovery plan, articles in peer-reviewed Habitat that contains the features outside the geographic area occupied by journals, conservation plans developed essential to the conservation of the a species at the time it is listed, upon by States and Counties, scientific status species was delineated by examining (1) a determination that such areas are surveys and studies, biological species occurrence information in Los essential for the conservation of the assessments, or other unpublished Angeles, San Bernardino, Orange, species. ‘‘Conservation’’ means the use materials and expert opinion or Riverside, and San Diego Counties from of all methods and procedures that are personal knowledge. the CNDDB and from survey reports; (2) necessary to bring an endangered or a This proposed critical habitat vegetation data layers from Orange, threatened species to the point at which designation is not intended to suggest Riverside, and San Diego Counties and listing under the Act is no longer that habitat outside the delineated area vegetation data layers from the U.S. necessary. is unimportant to Brodiaea filifolia. Forest Service’s Cleveland National Critical habitat receives protection Areas outside the critical habitat Forest for Los Angeles and San under section 7 of the Act through the designation will continue to be subject Bernardino Counties; (3) Natural prohibition against destruction or to conservation actions that may be Resources Conservation Service’s Soil adverse modification of critical habitat implemented under section 7(a)(1), and Survey Geographic Database (SSURGO) with regard to actions carried out, to the regulatory protections afforded by soil data layers for Orange, Riverside, funded, or authorized by a Federal the section 7(a)(2) jeopardy standard and San Diego Counties, and State Soil agency. Section 7 requires conference and applicable section 9 prohibitions, as Geographic Database (STATSGO) soil on Federal actions that are likely to determined on the basis of the best data layers for Los Angeles and San result in the destruction or adverse available information at the time of the Bernardino Counties; and (4) slope data modification of proposed critical action. We specifically anticipate derived from a 30-meter digital habitat, and consultation on Federal federally funded or assisted projects elevation model (DEM). These layers actions that may affect designated affecting listed species outside their were overlaid on digital ortho quarter critical habitat. designated critical habitat areas may quadrangle (DOQQ) satellite imagery In the geographic area occupied by still result in jeopardy findings in some layers, and habitat was delineated in the species, critical habitat designations cases. Similarly, critical habitat areas that had an extant species identify, to the extent known using the designations made on the basis of the occurrence within them, had not best scientific and commercial data best available information at the time of undergone development, had the PCE’s available, habitat areas that provide designation will not control the including suitable soil and vegetation

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types, and had a slope of less than 20 designation as critical habitat provide associated physical processes (e.g., full degrees. After creating a GIS coverage of one or more of the physical or biological sunlight exposure) are essential to the eligible areas, we created legal features essential for the conservation of maintain those substrate and vegetation descriptions of these areas. We used a this species. types where Brodiaea filifolia is found 100-meter grid to establish Universal Lands being proposed for designation and to support pollinator assemblages Transverse Mercator (UTM), North as critical habitat for B. filifolia occur necessary to facilitate gene flow within American Datum (NAD) 27 coordinates within the historical range of the and among populations of B. filifolia. which, when connected, provided the species. Based on the best available Criteria Used To Identify Critical boundaries of the eligible habitat areas. scientific and commercial information available regarding the life history, Habitat Primary Constituent Elements ecology, and distribution of this species, As discussed in the Methods section, In accordance with section 3(5)(A)(i) we believe that the primary constituent we identified 9,403 ac (3,806 ha) of of the Act and regulations at 50 CFR elements of critical habitat for B. filifolia eligible habitat for Brodiaea filifolia. We 424.12, in determining which areas to consist of the following: delineated proposed critical habitat propose as critical habitat, we are (1) Appropriate soil series and using the following criteria: (1) Essential required to base critical habitat associated vegetation at suitable occurrences; (2) presence of suitable determinations on the best scientific elevations of either: vegetation; (3) presence of suitable soil and commercial data available and to (A) Clay soil series of various origins types; and (4) an area about 250 m of consider those physical and biological (e.g., Alo, Altamont, Auld, Diablo), clay vegetation surrounding each occurrence features, otherwise referred to as lenses found as unmapped inclusions in to provide for pollinator habitat. We primary constituent elements, essential other soils series, or within loamy soils then analyzed the critical habitat areas to the conservation of the species, and underlain by a clay subsoil (e.g., to determine if any areas should be which may require special management Fallbrook, Huerhuero, Las Flores) that excluded from the proposed designation considerations or protection. These generally occur on mesas and gentle to under section 4(b)(2) of the Act (see include, but are not limited to: space for moderate slopes, or in association with ‘‘Exclusions Under Section 4(b)(2) of the individual growth and population vernal pools, between the elevations of Act’’ for a detailed discussion). expansion; water, air, light, minerals, or 100 ft (30 m) and 2,500 ft (765 m) and We defined eligible occurrences as other nutritional or physiological support open native or non-native areas of intact, occupied habitat requirements; cover or shelter; and grassland communities, open coastal supporting 1,000 or more naturally habitats that are protected from sage scrub, or coastal sage scrub- occurring individuals of Brodiaea disturbance or are representative of the chaparral communities; or filifolia, areas necessary to maintain historic geographical and ecological (B) Silty loam soil series underlain by gene flow, and/or areas containing distributions of a species. a clay subsoil or caliche that are significant populations. We defined These physical and biological features generally poorly drained, moderately to significant populations as those found provide for the following: (1) Areas for strongly alkaline, granitic in origin (e.g., in unique habitat, supported by growth of individuals and populations, Domino, Grangeville, Waukena, historical records in Niehaus 1971 and/ including sites suitable for sexual and Willows), that generally occur in low- or the CNDDB 2003 reports for the asexual (cormlet) reproduction, lying areas and floodplains, often in species. For example, populations found pollination and pollen dispersal, seed association with vernal pool or playa within an atypical vegetative dispersal and germination, and complexes, between the elevations of community, on atypical soils, and/or at maintenance of seed banks; (2) 600 ft (180 m) and 1,800 ft (550 m) and an atypical elevation. Essential intervening areas suitable to facilitate support native, non-native, or alkali occurrences found within unique gene flow and connectivity or linkages grassland or scrub communities; or habitat types harbor genetic diversity within and among eligible occurrences; (C) Clay loam soil series (e.g., that may allow for their persistence in and (3) maintenance of areas that Murrieta) underlain by heavy clay loams these areas. This overall diversity may provide basic requirements for growth or clays derived from olivine basalt lava be important to the conservation of the such as water, light, nutrients, and flows, that generally occur on mesas and species. minerals. gentle to moderate slopes between the Significant populations are also often The conservation of Brodiaea filifolia elevations of 1,700 ft (520 m) and 2,500 peripheral populations. Peripheral is dependent upon several factors that ft (765 m) and support native or non- populations of a species are separable include, but are not limited to, the native grassland or oak woodland by geographical and/or ecological protection and management of existing savannah communities associated with differences from central populations populations and the habitat which basalt vernal pools; or (Lesica and Allendorf 1995). supports them; the maintenance of areas (D) Sandy loam soils derived from Conservation of species may depend of sufficient size and configuration to basalt and granodiorite parent materials, upon protecting the genetic variability sustain natural ecosystem components, deposits of gravel, cobble, and boulders, present across the range of a species. functions, and processes (e.g., full sun or hydrologically-fractured weathered Reduced gene flow and limited seed exposure, natural fire and hydrologic granite in intermittent streams and dispersal may contribute to the genetic regimes, adequate biotic balance to seeps that support open riparian and diversity of peripheral populations prevent excessive herbivory); protection freshwater marsh communities attributable to genetic drift from central of existing substrate continuity and associated with intermittent drainages, populations. Population divergence may structure, connectivity among groups of floodplains, and seeps generally also be attributed to differences in plants within geographic proximity to between 1,800 ft (550 m) and 2,500 ft habitat such as soil types, fire facilitate gene flow among the sites (765 m). frequency, and climate (Lessica and through pollinator activity and seed (2) Areas with an intact surface and Allendorf 1995). Ornduff (1966) found dispersal; and sufficient adjacent subsurface structure not permanently the highest concentration of suitable habitat for vegetative altered by anthropogenic land use morphological and cytological variants reproduction and population expansion. activities (e.g., deep, repetitive disking; at the margin of the geographic range of The areas being proposed for grading). These features as well as species of Lasthenia. For these reasons,

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conservation of geographically (e.g. Los by as much as 50 percent. Additional special management considerations or Angeles and San Bernardino Counties) studies suggest that the degradation of protection. We have also considered and ecologically (e.g. Devil’s Canyon) pollinator habitat is likely to adversely how designation highlights habitat that peripheral populations may be essential affect the abundance of pollinator needs special management for the conservation of this species. species (Jennersten 1988; Rathcke and consideration or protection. For Currently, the exact number of extant Jules 1993). As discussed in the example, in the development of regional populations or occurrences of Brodiaea Background section, Brodiaea likely rely HCPs, critical habitat can be useful to filifolia is unknown. Reasons for this on Tumbling Flowers Beetles determine which Brodiaea filifolia include the lack of surveys in areas of (Coleoptera) and Sweat Bees habitat should be highest priority for suitable habitat, false negative survey (Hymenoptera) for cross pollination special management or protection. The results yielded during inappropriate (Niehasus 1971). Studies to quantify the final designation will guide the Service seasons, and variation in how survey distance that bees will fly to pollinate and applicants to ensure habitat data is recorded. For example, some their host plants are limited in number, conservation planning efforts are surveyors may record populations but the few that exist show that some consistent with conservation objectives within close proximity as a single bees will routinely fly 100 to 500 m (328 for B. filifolia. occurrence while others may record to 984 ft) to pollinate plants with some Many of the known occurrences face each population as an individual flying at least 1,000 m (3,280 ft) to the following common threats: direct occurrence. According to Table 3 of pollinate flowers (Steffan-Dewenter and and indirect effects from habitat White and Bramlet (2004), Tscharntke 2000). Since we do not fragmentation and loss resulting from approximately 83 occurrences of this currently have information on specific urban development (and associated species are currently known throughout pollinator species of Brodiaea filifolia, infrastructure projects) and agricultural its range. We were recently made aware we based the 250-m distance on the activities continue to be the most of an occurrence at Highland Valley mean routine flight distance for bees. significant potential threats to Brodiaea (San Diego County) not included in These 250-m areas include suitable filifolia. Other threats include repeated White and Bramlet’s Table 3. Of the 84 soils and vegetation required by mowing and disking associated with fire currently known occurrences, we are Brodiaea filifolia. These 250-m areas suppression activities and weed control, proposing to designate critical habitat include habitat where the species may military training, alteration of existing for 31 occurrences. Of the remaining be present as mature but non-flowering hydrologic conditions (particularly in occurrences, 26 are considered to be corms or immature corms rather than western Riverside County), off-road eligible but are being proposed for currently flowering plants. These areas vehicle and other recreational activities, exclusion, and 27 are not included provide some areas needed for gene over-grazing, and competition from non- because we do not have adequate flow, pollen dispersal, seed dispersal, native plant species. Unsuccessful information about the occurrence or the germination, and maintenance of seed translocation efforts may also contribute area does not contain any of the PCEs banks. to the decline of this species. for the species. Occurrences comprised It is also necessary to maintain the Proposed Critical Habitat Designation solely of translocated plants were not natural hydrological and fire regimes considered eligible occurrences because associated with this species. However, We determined that approximately their potential for long-term survival sufficient information is not currently 9,403 ac (3,805 ha) of eligible habitat and their contribution to the species available to quantify the extent of the exists for Brodiaea filifolia in Los gene pool is currently unknown. area necessary to maintain the natural Angeles, San Bernardino, Orange, However, several translocated plants are fire and hydrological regimes for Riverside and San Diego Counties, included in this proposed designation particular populations. Therefore, we California. We are proposing to due to their proximity to or occurrence are unable to fully incorporate these designate approximately 4,690 ac (1,898 within a naturally-occurring population. areas into our identification of essential ha) of the total eligible habitat in 10 To determine which occurrences are habitat. units as critical habitat in Los Angeles, eligible, we also used recovery criteria Whenever possible, areas not San Bernardino, Orange, and San Diego from a draft recovery plan that includes containing the primary constituent Counties, California (Table 1). The 10 this species (page 60, Bramlet and White elements, such as developed areas, were proposed critical habitat units 2004). The draft recovery plan states not included in the boundaries of encompass 3, 2, 13, and 15 eligible that Brodiaea filifolia should be proposed critical habitat. However, we occurrences in Los Angeles, San evaluated for delisting when, among did not map critical habitat in enough Bernardino, Orange, and San Diego other criteria, the following occurrences detail to exclude all developed areas, or counties, respectively. Twelve eligible have been fully protected: (1) All known other areas unlikely to contain the occurrences in Riverside and 13 eligible occurrences in Los Angeles and San primary constituent elements essential occurrences in San Diego counties Bernardino counties, (2) at least 10 core for the conservation of Brodiaea filifolia. covered by approved and/or pending occurrences in Orange County, (3) at Such areas within the boundaries of the habitat conservation plans are being least 10 core occurrences in western mapped units, such as buildings, roads, proposed for exclusion from the critical Riverside County, (4) at least 12 core parking lots, railroad tracks, canals, and habitat designation (See ‘‘Exclusions occurrences on Camp Pendleton, and (5) other paved areas, are excluded from the Under Section 4(b)(2) of the Act’’ for a at least 20 core occurrences in designation by text, but these exclusions detailed discussion). Areas proposed as northwestern San Diego County, do not show on the maps because their critical habitat are under Federal, State, especially in the San Marcos area. scale is too small. local, and private ownership. The Where possible, we delineated a species is not currently known to occur vegetative area of 250 m around each Special Management Considerations or on any Tribally-owned lands within its eligible occurrence to provide for Protections range. Therefore, no Tribally-owned pollinator habitat. Studies indicate that When designating critical habitat, we lands are being proposed for if pollinator habitat within 1,000 m of assess whether the physical and designation. Table 2 provides the some host plants is eliminated, seed set biological features determined to be approximate area of proposed critical of some plant species may be decreased essential for conservation may require habitat by county and land ownership.

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The proposed critical habitat areas also are currently occupied and within unit, and numbers of individual plants, described below constitute our best the historic range of B. filifolia. Table 3 if known. Because the species may be assessment at this time of those areas provides the approximate area of present as mature but non-flowering needed for the species’ conservation. eligible habitat, eligible habitat corms or immature corms rather than Each unit or subunit contains the excluded from the proposed flowering plants, the number of primary constituent elements related to designation, and total critical habitat individuals given should be considered an intact surface and subsurface proposed for B. filifolia. an estimate of the minimum number of structure essential to maintain the Descriptions of each proposed critical plants present. In several cases, lands identified soil and vegetation types habitat unit and the reasons why they within the unit are referred to as where the species is found and to are eligible for designation are listed developed. Using aerial imagery and support pollinator assemblages below. Unit descriptions also include other information, we determined that necessary to facilitate gene flow within the size of the unit, the general PCEs for this species are still present and among populations of B. filifolia. vegetation and soil types present in the within each unit, although the habitat Lands within each unit or subunit are unit, any known threats specific to the may be somewhat degraded.

TABLE 1.—ACREAGE (ACRES (AC); HECTARES (HA)) AND COUNTY OF UNITS AND SUBUNITS PROPOSED AS CRITICAL HABITAT FOR BRODIAEA FILIFOLIA

Critical habitat unit and subunit County ac; ha

Unit 1: Los Angeles County ...... Los Angeles ...... 294; 119 1a: Glendora ...... 96; 39 1b: San Dimas ...... 198; 80

Unit 2: Arrowhead Hot Springs ...... San Bernardino ...... 89; 36

Unit 3: Aliso Canyon ...... Orange ...... 151; 61 Unit 4: Orange County ...... 1,860; 753 4a: Arroyo Trabuco ...... 74; 30 4b: Casper’s Regional Park ...... 259; 105 4c: Canada Gobernadora/Chiquita Ridgeline ...... 311; 126 4d: Prima Deschecha ...... 119; 48 4e: Forster Ranch ...... 96; 39 4f: Telega/Segunda Deshecha ...... 190; 77 4g: Cristianitos Canyon ...... 588; 238 4h: Cristianitos Canyon South ...... 72; 29 4i: Blind Canyon ...... 151; 61

Unit 5: Northern San Diego County ...... San Diego ...... 1,527; 618 5a: Miller Mountain ...... 1,263; 511 5b: Devil’s Canyon ...... 264; 107 Unit 6: Oceanside ...... 198; 81 6a: Alta Creek ...... 49; 20 6b: Mesa Drive ...... 5; 2 6c: Oceanside East/Mission Avenue ...... 64; 26 6d: Taylor/Darwin ...... 80; 33 Unit 7: Carlsbad ...... 125; 50 7a: Fox-Miller ...... 93; 38 7b: Rancho Carillo ...... 32; 13 Unit 8: San Marcos ...... 315; 127 8a: Rancho Santa Fe Road North ...... 86; 35 8b: Rancho Santalina/Loma Alta ...... 82; 33 8c: Grand Avenue ...... 10; 4 8d: Upham ...... 117; 47 8e: Linda Vista ...... 20; 8 Unit 9: Double LL Ranch ...... 57; 23 Unit 10: Highland Valley ...... 74; 30

Total ...... 4,690; 1,898

TABLE 2.—AREA (ACRES (AC) AND HECTARES (HA)) INCLUDED IN PROPOSED CRITICAL HABITAT FOR BRODIAEA FILIFOLIA BY COUNTY AND LANDOWNERSHIP

County Federal* State or local Private Total

Los Angeles ...... 20 ac; 8 ha ...... 0 ac; 0 ac ...... 274 ac; 111 ha ...... 294 ac; 119 ha. San Bernardino ...... 0 ac; 0 ha ...... 0 ac; 0 ha ...... 89 ac; 36 ha ...... 89 ac; 36 ha. Orange ...... 0 ac; 0 ha ...... 219 ac; 89 ha ...... 1,792 ac; 725 ha ...... 2,011 ac; 814 ha. Riverside** ...... 47 ac; 19 ha ...... 0 ac; 0 ha ...... 0 ac; 0 ha ...... 47 ac; 19 ha. San Diego ...... 1,239 ac; 501 ha ...... 0 ac; 0 ha ...... 1,010 ac; 409 ha ...... 2,249 ac; 910 ha. Total ...... 1,306 ac; 529 ha ...... 219 ac; 89 ha ...... 3,165 ac; 1,281 ha ...... 4,690 ac; 1,898 ha. * Federal lands include Bureau of Land Management, DOD, National Forest, and Fish and Wildlife Service lands. ** Proposed critical habitat in Riverside County is entirely on National Forest lands.

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NOTE: The proposed designation does not include any Tribally-owned lands.

TABLE 3.—TOTAL ELIGIBLE HABITAT, ELIGIBLE HABITAT EXCLUDED FROM THE PROPOSED DESIGNATION, AND TOTAL CRITICAL HABITAT PROPOSED FOR BRODIAEA FILIFOLIA IN ACRES (AC) AND HECTARES (HA)

County Total eligible habitat Eligible habitat excluded Proposed critical habitat

Los Angeles ...... 294 ac; 119 ha ...... 0 ac 0 ha; ...... 294 ac; 119 ha. San Bernardino ...... 89 ac; 36 ha ...... 0 ac; 0 ha ...... 89 ac; 36 ha. Orange ...... 2,011 ac; 814 ha ...... 0 ac; 0 ha ...... 2,011 ac; 814 ha. Riverside ...... 3,314 ac; 1,341 ha ...... 3,267 ac; 1,322 ha ...... 47 ac*; 19 ha. San Diego ...... 3,695 ac; 1,495 ha ...... 1,446 ac; 585 ha ...... 2,249 ac; 910 ha. Total ...... 9,403 ac; 3,805 ha ...... 4,713 ac; 1,907 ha ...... 4,690 ac; 1,898 ha. * Proposed critical habitat in Riverside County is entirely on National Forest lands.

Unit Descriptions County. Lands within this subunit at the northern limits of the species Los Angeles County—There are contain Cieneba-Exchequer-Sobrant range (Lesica and Allendorf 1995), and currently three known occurrences of soils, a type of silty loam, and consist represents the type locality for the Brodiaea filifolia in Los Angeles primarily of coastal sage scrub and species. Lands within this unit support County, each of which is proposed as northern mixed chaparral. This is one of two occurrences, totaling about 1,000 critical habitat. only two units in the foothills of the San plants, that are associated with coastal Unit 1: Los Angeles County Unit— Gabriel Mountains of the Transverse sage scrub. Occurrences in this unit are This unit consists of 294 ac (119 ha) Ranges where it occurred historically threatened by invasive exotic plants. divided into 2 subunits. and represents the only likely genetic Therefore, management actions to Subunit 1a: Glendora. This subunit connection to the Glendora subunit. control invasive species may be consists of 96 ac (39 ha) of private lands This subunit supports two occurrences required to maintain the identified in the city of Glendora, in the foothills totaling about 6,000 plants and is vegetation types essential to the of the San Gabriel Mountains in eastern associated with chaparral, with plants conservation of the species since Los Angeles County. Lands within this recorded since 1990 (CNDDB 2003, p. invasive species can outcompete native subunit contain Cieneba-Exchequer- 35). While this species is not currently species for resources. Sobrant soils, a type of silty loam, and known to occur on the Angeles National Orange County—There are currently consist primarily of northern mixed Forest, the species occurs directly 23 known occurrences of Brodiaea chaparral and coastal sage scrub. This outside of the National Forest so filifolia in Orange County, 13 of which population represents only one of two approximately 20 ac of the national have been determined to have the PCEs occurrences located in the foothills of forest was included in the proposed essential to the conservation of the the San Gabriel Mountains part of the designation to provide for pollinator species and thus are being proposed as Transverse Ranges, where the species habitat. This site is threatened by urban critical habitat. was historically found, and represents development. Therefore, management Unit 3: Aliso Canyon Unit. This unit the nearest genetic connection to the actions to minimize disturbance to the consists of 151 ac (61 ha) of publicly San Dimas subunit. Lands within this surface and subsurface structure within owned land in Aliso-Wood Canyon subunit support an occurrence of about this subunit may be required to Regional Park, in the city of Laguna 2,000 plants associated in part with maintain the identified soil and Niguel, southwestern Orange County. northern mixed chaparral. This vegetation types as well as pollinator Lands within this unit contain clay occurrence represents a peripheral habitat essential to the conservation of loam or other types of loam and consist location (Lesica and Allendorf 1995), the species. primarily of annual grassland that has being the northernmost known San Bernardino County—There are been graded or disturbed. Lands within occurrence of the species, with currently two known occurrences of this unit support an occurrence that is populations known since 1991 [and Brodiaea filifolia in San Bernardino associated with annual grassland and rediscovery of population not reported County, both of are being proposed as represent a peripheral location (Lesica since 1921] (CNDDB 2003, p. 16). The critical habitat. and Allendorf 1995), being the site is owned and managed by the Unit 2: Arrowhead Hot Springs Unit. westernmost occurrence of the species. Glendora Community Conservancy This unit consists of 89 ac (36 ha) of Although this occurrence is protected (GCC); however, we are not aware of a privately owned land at the from urban development as part of specific conservation or management southwestern base of the San Aliso-Wood Regional Park, these plan protecting or managing for this Bernardino Mountains. Lands within parklands are managed for recreational species on the GCC’s property. this unit contain Etsel family-Rock use and not specifically for the Management actions to control invasive outcrop-Springdale and Tujunga-Urban conservation of Brodiaea filifolia. The species may be required to maintain the land-Hanford soils, some of which are occurrence in this unit is primarily identified vegetation types essential to considered alluvial, and consist threatened by fuel management the conservation of the species since primarily of coastal sage scrub. This activities (annual mowing) conducted invasive species can outcompete native unit supports the only occurrence of by park staff (Julie Vanderwier, USFWS, species for resources. this plant in the foothills of the San pers. comm. 2004). Therefore, Subunit 1b: San Dimas subunit. This Bernardino Mountains of the Transverse management actions to minimize subunit consists of 198 ac (80 ha) of Ranges, where it occurred historically disturbance to the surface structure privately owned and Federal (Angeles with collections dating since the late within this unit may be required to National Forest) lands in the city of San 1800s (Niehaus 1971, CNDDB 2003 p. 5) maintain the identified vegetation types Dimas in the foothills of the San Gabriel and most recently 1000 plants observed as well as pollinator habitat essential to Mountains of eastern Los Angeles in 1993, represents a peripheral location the conservation of the species.

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Unit 4: Orange County Unit—This owned land near Chiquita and may be required to maintain the unit consists of 1,861 ac (753 ha) Gobernadora Canyons on Rancho identified soil and vegetation types as divided into 9 subunits. Mission Viejo in southern Orange well as pollinator habitat essential to the Subunit 4a: Arroyo Trabuco. This County. Lands within this subunit conservation of the species. subunit consists of 74 ac (30 ha) of contain clay, clay loam, or sandy loam Subunit 4f: Telega/Segunda privately owned land near Rancho and consist primarily of dry-land Deshecha. This subunit consists of 190 Mission Viejo in southern Orange croplands and sagebrush-buckwheat ac (77 ha) of privately owned land County. Lands within this subunit scrub. Lands within this subunit northeast of San Clemente in contain clay loam or other types of support two occurrences, totaling about southwestern Orange County. Lands loam, and consist primarily of annual 4,400 plants, and this subunit is one of within this subunit contain clay soils grassland and coastal sage scrub. Lands only two subunits to include sagebrush- and support needlegrass grassland. within this subunit support an buckwheat scrub vegetation. Lands within this subunit support an occurrence that represents a regionally Approximately 2600 plants were occurrence that may provide gene flow peripheral location (Lesica and observed from this subunit and adjacent east to the Cristianitos Canyon subunit Allendorf 1995), being the westernmost areas from surveys conducted in the (about 1.25 km away) and to occurrence of the species for the unit; 1990s (CNDDB 2003 p. 59). This subunit populations on MCB Camp Pendleton. and may provide gene flow to the is central to Orange County populations Occurrences in this subunit are Canada Gobernadora/Chiquita Ridgeline and may provide for gene flow to threatened by urban development. subunit (about 4.5 km away). Roughly surrounding populations in Unit 4 Management actions to minimize half of this land appears to be under (Casper’s Regional Park subunit is about disturbance to the surface and agricultural use. Therefore, management 3.75 km away, and the Arroyo Trabuco subsurface structure within this subunit actions to minimize disturbance to the subunit is about 4.5 km away). may be required to maintain the surface structure within this subunit Occurrences in this subunit are identified soil and vegetation types as may be required to maintain the threatened by urban development. well as pollinator habitat essential to the identified vegetation types as well as Therefore, management actions to conservation of the species. pollinator habitat essential to the minimize disturbance to the surface and Subunit 4g: Cristianitos Canyon. This conservation of the species. subsurface structure within this subunit subunit consists of 588 ac (238 ha) of Subunit 4b: Casper’s Regional Park. may be required to maintain the privately owned land in Cristianitos This subunit consists of 259 ac (105 ha) identified soil and vegetation types as Canyon on Rancho Mission Viejo in of privately owned and County well as pollinator habitat essential to the southern Orange County. Lands within (Casper’s Regional Park) lands in the conservation of the species. this subunit are underlain by clay and city of San Juan Capistrano, in the Subunit 4d: Prima Deschecha. This sandy loam soils and consist primarily southwestern region of the Santa Ana subunit consists of 119 ac (48 ha) of of annual grassland and needlegrass Mountains, southern Orange County. privately owned land northeast of San grassland. Lands within this subunit Lands within this unit contain clay Clemente in western Orange County. support 3 occurrences, totaling about loam, sandy loam, or rocky outcrop, and Lands within this subunit contain clay 3,000 plants, as well as several smaller consist primarily of sagebrush- soils and consist primarily of annual occurrences and may provide for gene buckwheat scrub. Lands within this grassland. Lands within this subunit flow to surrounding occurrences such as support an occurrence of about 800 support an occurrence that may provide Telega/Segunda Deshecha (about 1.25 plants that is one of only two gene flow north to the Canada km away) and those on MCB Camp occurrences that occur in sagebrush- Gobernadora/Chiquita Ridgeline subunit Pendleton in San Diego County. buckwheat scrub, are located in the (about 4.5 km away) and south to the Approximately 2600 plants were foothills of the Santa Ana Mountains at Forster Ranch subunit (about 1.75 km observed from this subunit and adjacent or near the highest elevation of any of away). Occurrences in this subunit are areas from surveys conducted in the the Orange County occurrences, and threatened by urban development. 1990s (CNDDB 2003 p.57). Occurrences represent the northernmost occurrence Management actions to minimize in this subunit are threatened by in Orange County as a regionally disturbance to the surface and development of the Foothill peripheral population (Lesica and subsurface structure within this subunit Transportation Corridor. Management Allendorf 1995). This occurrence also may be required to maintain the actions to minimize disturbance to the provides for gene flow to the south identified soil and vegetation types as surface and subsurface structure within (subunit 4c, about 3.75 km away). well as pollinator habitat essential to the this subunit may be required to Records of this plant date from 1989 conservation of the species. maintain the identified soil and with 24 plants to 850 plants in 1995 Subunit 4e: Forster Ranch. This vegetation types as well as pollinator (CNDDB 2003 p. 51). While this subunit consists of 96 ac (39 ha) of habitat essential to the conservation of occurrence is protected from urban privately owned land northeast of San the species. development, being contained within Clemente in southwestern Orange Subunit 4h: Cristianitos Canyon Casper’s Regional Park, park lands are County. Lands within this subunit South. This subunit consists of 72 ac (29 primarily managed for recreational use contain clay and clay-loam soils and ha) of privately owned land in and not specifically for the conservation consist primarily of annual grassland. Cristianitos Canyon on Rancho Mission of the species. Management actions to Lands within this subunit support an Viejo in southern Orange County. Lands minimize disturbance to the surface occurrence that may provide gene flow within this subunit contain clay, clay- structure within this subunit may be north to the Prima Deschecha subunit loam, and loam soils that support required to maintain the identified (about 1.75 km away) as well as to annual grassland. Lands within this vegetation types as well as pollinator populations on MCB Camp Pendleton. subunit support an occurrence that may habitat essential to the conservation of Occurrences in this subunit are provide gene flow to occurrences in the species. threatened by urban development. Orange (such as Telega/Segunda Subunit 4c: Canada Gobernadora/ Management actions to minimize Deshecha and Cristianitos Canyon that Chiquita Ridgeline. This subunit disturbance to the surface and are about 1.75 km away) and San Diego consists of 311 ac (126 ha) of privately subsurface structure within this subunit Counties. Approximately 2600 plants

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were observed from this subunit and of about 20,000 plants (CNDDB 2003 pp. habitat essential to the conservation of adjacent areas from surveys conducted 32 and 33). The Cleveland National the species. in the 1990s (CNDDB 2003 p. 58). Forest does not currently have a Subunit 6b: Mesa Drive. This subunit Occurrences in this subunit are management plan specific to Brodiaea consists of 5 ac (2 ha) of privately threatened by urban development. filifolia, however, timing of cattle owned land in the city of Oceanside, Management actions to minimize grazing has been adjusted to avoid the northern coastal San Diego County. disturbance to the surface and flowering period for the species (Kirsten Lands within this subunit contain subsurface structure within this subunit Winter, Forest Botanist, 2004 pers. loamy fine sands and consists primarily may be required to maintain the comm.). Management actions to of extant areas of grassland. This identified soil and vegetation types as minimize disturbance to the surface subunit supports an occurrence and well as pollinator habitat essential to the structure within this subunit and to provides potential gene flow to conservation of the species. control invasive species may be occurrences in Calavera Heights via Alta Subunit 4i: Blind Canyon. This required to maintain the identified Creek (about 1 km away). The subunit consists of 151 ac (61 ha) of vegetation types as well as pollinator occurrence in this subunit is threatened privately owned land on Rancho habitat essential to the conservation of by urban development. Therefore, Mission Viejo near the border between the species. management actions to minimize Orange and San Diego counties. Lands Subunit 5b: Devil’s Canyon. This disturbance to the surface and within this subunit contain clay loam subunit consists of 264 ac (107 ha). It subsurface structure within this subunit and sandy loam soils and consist occurs on private and publicly-owned may be required to maintain the primarily of annual grassland and (Cleveland National Forest) lands in identified soil and vegetation types as coastal sage scrub. Lands within this northeastern San Diego County. The well as pollinator habitat essential to the subunit support an occurrence that may majority of the vegetation in this conservation of the species. provide gene flow between occurrences subunit is chaparral. Lands within this Subunit 6c: Oceanside East/Mission in Orange County (about 2 km away subunit support an occurrence that may Avenue. This subunit consists of 91 ac from the Cristianitos Canyon subunit) provide gene flow to occurrences in (37 ha) of privately owned land in the and on MCB Camp Pendleton (about 1.5 Riverside County via the Miller city of Oceanside, northwestern San km away). Occurrences in this subunit Mountain subunit (about 1.5 km away). Diego County. Lands within this subunit are threatened by urban development. This population is also historically contain fine loamy sands and consist Therefore, management actions to recorded as a type locality from the late primarily of coastal sage scrub with minimize disturbance to the surface and 1800s (Niehaus 1971) with surveys from some disturbed areas. Lands within this subsurface structure within this subunit 1992 of several thousand plants subunit support an occurrence that may may be required to maintain the (CNDDB 2003 p. 34). The Cleveland provide gene flow to occurrences in identified soil and vegetation types as National Forest does not currently have coastal San Diego County (the Mesa well as pollinator habitat essential to the a management plan specific to Brodiaea Drive subunit is about 2.5 km away). conservation of the species. filifolia, however, timing of cattle San Diego County—There are grazing has been adjusted to avoid the Occurrences in this subunit are currently 44 known occurrences of flowering period for the species (Kirsten threatened by urban development. Brodiaea filifolia in San Diego County, Winter, Forest Botanist (2004 pers. Therefore, management actions to 15 of which have been determined to be comm.). Management actions to minimize disturbance to the surface and eligible for designation and thus are minimize disturbance to the surface subsurface structure within this subunit being proposed as critical habitat. structure within this subunit and to may be required to maintain the Unit 5: Northern San Diego Unit— control invasive species may be identified soil and vegetation types as This unit consists of 1,527 ac (618 ha) required to maintain the identified well as pollinator habitat essential to the divided into 2 subunits. vegetation types as well as pollinator conservation of the species. Subunit 5a: Miller Mountain. This habitat essential to the conservation of Subunit 6d: Taylor/Darwin subunit. subunit consists of 1,263 ac (511 ha) of the species. This subunit consists of 80 ac (33 ha) of private and publicly-owned (Cleveland Unit 6: Oceanside Unit—This unit privately owned land in the city of National Forest) lands in northern San consists of 199 ac (81 ha) divided into Oceanside, northwestern San Diego Diego County near the border with 4 subunits. County. The majority of the subunit is Riverside County. About 47 acres of Subunit 6a: Alta Creek. This subunit undeveloped, but is immediately Cleveland National Forest lands in this consists of 49 ac (20 ha) of private land surrounded by urban development. subunit lie within Riverside County. in northern coastal San Diego County. However, areas of extant valley and The majority of the vegetation in this Lands within this subunit contain fine foothill grasslands exist in the subunit is valley and foothill grassland sandy loam, loam, or loamy fine sand surrounding area Most of the soils and northern mixed and chamise and consist primarily of coastal sage present in this subunit are clay or loamy chaparrals. This occurrence may scrub. Lands within this subunit fine sand. Lands within this subunit provide gene flow north and south into support an occurrence that may provide support a regionally peripheral Riverside and San Diego Counties gene flow to occurrences in the Mesa population (Lesica and Allendorf 1995), (about 3.5 km away from the closest Drive subunit (about 1 km away), and in and an occurrence that may provide unit, excluded, in Riverside County, and Calavera Heights (about 3 km away) as gene flow to the Oceanside East/Mission about 1.5 km away from the Devil’s well as other occurrences along coastal Avenue subunit (about 3.5 km away). Canyon subunit). Lands within this San Diego County. The occurrences in Occurrences in this subunit are subunit support an occurrence of about this subunit are threatened by urban threatened by encroaching urban 20,000 plants as well as some plants development. Therefore, management development. Therefore, management thought to be intermediate between actions to minimize disturbance to the actions to minimize disturbance to the Brodiaea filifolia and B. orcuttii. This surface and subsurface structure within surface and subsurface structure within population is also historically recorded this subunit may be required to this subunit may be required to as a type locality from the late 1800s maintain the identified soil and maintain the identified soil and (Niehaus 1971), with surveys from 1992 vegetation types as well as pollinator vegetation types as well as pollinator

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habitat essential to the conservation of coastal sage scrub. Lands within this threatened by urban development. the species. subunit support an occurrence that may Therefore, management actions to Unit 7: Carlsbad—This unit consists provide gene flow to the northeast minimize disturbance to the surface and of 125 ac (50 ha) divided into 2 (about 1.5 km away from a protected subsurface structure within this subunit subunits. unit, thereby excluded). This subunit is may be required to maintain the Subunit 7a: Fox-Miller. This subunit also immediately east of the Rancho identified soil and vegetation types as consists of 93 ac (38 ha) of privately Carillo subunit. Occurrences in this well as pollinator habitat essential to the owned land in the city of Carlsbad, subunit are threatened by road conservation of the species. northwestern San Diego County. Lands realignment and urban development. Subunit 8d: Upham. This subunit within this subunit contain heavy clay Therefore, management actions to consists of 117 ac (47 ha) of privately soils and consist primarily of non-native minimize disturbance to the surface and owned land in the city of San Marcos, grassland. Lands within this subunit subsurface structure within this subunit northern San Diego County. The support an occurrence of about 19,000 may be required to maintain the majority of the subunit is undeveloped, plants that may provide gene flow to identified soil and vegetation types as but is immediately surrounded by urban surrounding occurrences (this unit is well as pollinator habitat essential to the development. However, areas of extant about 1.5 km west of a protected unit, conservation of the species. valley and foothill grasslands exist in and thereby excluded). This occurrence Subunit 8b: Rancho Santalina/Loma the surrounding area. Records of this is threatened by urban development. Alta. This subunit consists of 82 ac (33 plant date from 1978, with about 1000 Therefore, management actions to ha) of privately owned land in the city or more plants seen in 1986 and 1995 minimize disturbance to the surface and of San Marcos, northern San Diego (CNDDB 2003 p. 7). Lands within this subsurface structure within this subunit County. The majority of the vegetation subunit support an occurrence that may may be required to maintain the in the subunit is developed, however, provide gene flow to surrounding identified soil and vegetation types as there are areas of valley and foothill occurrences (about 0.5 km from the well as pollinator habitat essential to the grassland and coastal sage scrub. Most Grand Avenue and Linda Vista conservation of the species. Though this of the soils in this subunit are clay, subunits). Occurrences in this subunit unit occurs in the City of Carlsbad loam, or loamy fine sand. Lands within are threatened by urban development. subarea of the Multiple Habitat this subunit support an occurrence of Therefore, management actions to Conservation Program (MHCP) Plan, we about 6,000 plants, may provide gene minimize disturbance to the surface and are proposing to designate this unit for flow to nearby occurrences (about 0.5 subsurface structure within this subunit the reasons provided below in km from the Grand Avenue subunit), may be required to maintain the ‘‘Relationship of Critical Habitat to the and represent a peripheral location identified soil and vegetation types as City of Carlsbad Draft Habitat (Lesica and Allendorf 1995), being the well as pollinator habitat essential to the Management Plan—Exclusion under easternmost known occurrence of the conservation of the species. 4(b)(2).’’ species. Portions of this subunit have Subunit 8e: Linda Vista. This subunit Subunit 7b: Rancho Carillo. This been lost as the result of urban consists of 20 ac (8 ha) of privately subunit consists of 32 ac (13 ha) of development and some of the remaining owned land in the city of San Marcos, private land in San Diego County. Lands habitat is in narrow linear areas and northern San Diego County. Much of the within this subunit contain clay or subject to considerable edge effects such subunit is undeveloped; but is sandy loam soils and consist primarily as persistent proximity to sources of immediately surrounded by urban of non-native grasslands and coastal invasive exotic plants and trampling by development. However, areas of extant sage scrub. Records of this plant date humans and their pets. The occurrence valley and foothill grasslands exist in from 1991 with more than 100 plants to is threatened by OHV use, invasive non- the surrounding area. Lands within this estimates of 300 to 24,000 plants, most native plants, and disking. Therefore, subunit support an occurrence that may as non-flowering corms (CNDDB 2003 p. management actions to minimize provide gene flow to surrounding 18). Lands within this subunit support disturbance to the surface and occurrences in northern San Diego an occurrence that may provide gene subsurface structure and control County, such as the Upham subunit flow to nearby occurrences to the invasive species within this subunit (about 0.5 km away). Records of this northeast (nearest occurrence about 1.5 may be required to maintain the plant date from 1991 (CNDDB 2003 p. km away) and occurrences in the identified soil and vegetation types as 30). This subunit is threatened by OHV Rancho Santa Fe Road North unit (less well as pollinator habitat essential to the activity, encroaching urban than 0.5 km away). Occurrences in this conservation of the species. development, and trash dumping. subunit are threatened by road Subunit 8c: Grand Avenue. This Therefore, management actions to realignment and urban development. subunit consists of 10 ac (4 ha) of minimize disturbance to the surface and Therefore, management actions to privately owned land in the city of San subsurface structure within this subunit minimize disturbance to the surface and Marcos, northern San Diego County. may be required to maintain the subsurface structure within this subunit The majority of the subunit is identified soil and vegetation types as may be required to maintain the undeveloped, but is immediately well as pollinator habitat essential to the identified soil and vegetation types as surrounded by urban development. conservation of the species. well as pollinator habitat essential to the However, areas of extant valley and Unit 9: Double LL Ranch Unit—This conservation of the species. foothill grasslands exist in the unit consists of 57 ac (23 ha) of privately Unit 8: San Marcos—This unit surrounding area. Most of the soils in owned land in the city of Encinitas, consists of 315 ac (127 ha) divided into the subunit are loamy fine sand. Lands northwestern San Diego County. Much 5 subunits. within this subunit support an of the unit is undeveloped; but is Subunit 8a: Rancho Santa Fe Road occurrence that may provide gene flow immediately surrounded by urban North. This subunit consists of 86 ac (35 to surrounding occurrences (about 0.5 development. However, areas of extant ha) of private land in San Diego County. km from the Rancho Santalina/Loma valley and foothill grasslands exist in Lands within this subunit contain clay Alta and Upham subunits). Records of the surrounding area. Most of the soils or sandy loam soils and consist this plant date from 1993 (CNDDB 2003 present in this unit are heavy clays. primarily of non-native grasslands and p. 31). Occurrences in this subunit are Lands within this subunit support a

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regionally peripheral population (Lesica 7(a)(4) of the Act requires Federal modify or destroy proposed critical and Allendorf 1995). This unit is agencies to confer with us on any action habitat. threatened by urban development and that is likely to jeopardize the continued We may issue a formal conference the indirect effects of activities existence of a proposed species or result report if requested by a Federal agency. associated with the road that bisects the in destruction or adverse modification Formal conference reports on proposed unit. Therefore, management actions to of proposed critical habitat. Conference critical habitat contain an opinion that minimize disturbance to the surface and reports provide conservation is prepared according to 50 CFR 402.14, subsurface structure within this unit recommendations to assist the agency in as if critical habitat were designated. We may be required to maintain the eliminating conflicts that may be caused may adopt the formal conference report identified soil and vegetation types as by the proposed action. The as the biological opinion when the well as pollinator habitat essential to the conservation recommendations in a critical habitat is designated, if no conservation of the species. conference report are advisory. If a substantial new information or changes Unit 10: Highland Valley Unit—This species is listed or critical habitat is in the action alter the content of the unit consists of 74 ac (30 ha) of privately designated, section 7(a)(2) requires opinion (see 50 CFR 402.10(d)). owned land east of the community of Federal agencies to ensure that activities Activities on Federal lands that may Ramona in northeastern San Diego they authorize, fund, or carry out are not affect Brodiaea filifolia or its critical County. Lands within this unit contain likely to jeopardize the continued habitat will require section 7 clay or sandy loam soils and consist existence of such a species or to destroy consultation. Activities on private or primarily of non-native grassland or or adversely modify its critical habitat. State lands requiring a permit from a alkali seep. Lands within this subunit If a Federal action may affect a listed Federal agency, such as a permit from support an occurrence that represents species or its critical habitat, the the Army Corps under section 404 of the the only known occurrence in San Diego responsible Federal agency (action Clean Water Act, a section 10(a)(1)(B) County that is on alkali soils and agency) must enter into consultation permit from the Service, or some other because it is a peripheral location with us. Through this consultation, the Federal action, including funding (e.g., (Lesica and Allendorf 1995), being the action agency ensures that the permitted Federal Highway Administration or easternmost locality for the species. actions do not jeopardize the continued Federal Emergency Management Agency Populations in this unit are threatened existence of the species or destroy or funding), will also continue to be by urban development and agricultural adversely modify critical habitat. subject to the section 7 consultation activities. Therefore, management When we issue a biological opinion process. Federal actions not affecting actions to minimize disturbance to the concluding that a project is likely to listed species or critical habitat and surface and subsurface structure within result in the destruction or adverse actions on non-Federal and private this unit may be required to maintain modification of critical habitat, we also lands that are not federally funded, the identified soil and vegetation types provide reasonable and prudent authorized, or permitted do not require as well as pollinator habitat essential to alternatives to the project, if any are section 7 consultation. Section 4(b)(8) of the Act requires us the conservation of the species. identifiable. ‘‘Reasonable and prudent alternatives’’ are defined at 50 CFR to briefly evaluate and describe in any Effects of Critical Habitat Designation 402.02 as alternative actions identified proposed or final regulation that designates critical habitat those Section 7 Consultation during consultation that can be implemented in a manner consistent activities involving a Federal action that Section 7 of the Act requires Federal with the intended purpose of the action, may destroy or adversely modify such agencies, including the Service, to that are consistent with the scope of the habitat, or that may be affected by such ensure that actions they fund, authorize, Federal agency’s legal authority and designation. Activities that may destroy or carry out are not likely to destroy or jurisdiction, that are economically and or adversely modify critical habitat adversely modify critical habitat. In technologically feasible, and that the include those that would impair the response to recent court decisions Director believes would avoid functionality of the primary constituent invalidating our regulatory definition of destruction or adverse modification of elements within a critical habitat unit to adverse modification under 402.2, we critical habitat. Reasonable and prudent serve their intended conservation role are not relying on that definition in this alternatives can vary from slight project for the species. We note that such discussion of critical habitat effects. modifications to extensive redesign or activities may also jeopardize the Instead in evaluating whether relocation of the project. Costs continued existence of the species. destruction or adverse modification of associated with implementing a To properly portray the effects of critical habitat would occur, we rely on reasonable and prudent alternative are critical habitat designation, we must the statutory definition of critical similarly variable. first compare the section 7 requirements habitat quoted earlier in this rule. We Regulations at 50 CFR 402.16 require for actions that may affect critical must analyze whether, if a proposed Federal agencies to reinitiate habitat with the requirements for Federal agency action were consultation on previously reviewed actions that may affect a listed species. implemented, critical habitat would actions in instances where critical Section 7 prohibits actions funded, remain functional to serve its intended habitat is subsequently designated and authorized, or carried out by Federal conservation role for the species. the Federal agency has retained agencies from jeopardizing the Section 7(a) of the Act requires discretionary involvement or control continued existence of a listed species Federal agencies, including the Service, over the action or such discretionary or destroying or adversely modifying the to evaluate their actions with respect to involvement or control is authorized by listed species’ critical habitat. any species that is proposed or listed as law. Activities involving a Federal action endangered or threatened and with Consequently, some Federal agencies that may destroy or adversely modify respect to its critical habitat, if any is may request re-initiation of consultation critical habitat, or may be affected by proposed or designated. Regulations or conference with us on actions for the critical habitat designation include, implementing this interagency which formal consultation has been but are not limited to: cooperation provision of the Act are completed, if those actions may affect (1) Removing, thinning, or destroying codified at 50 CFR part 402. Section designated critical habitat or adversely Brodiaea filifolia habitat (as defined in

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the primary constituent elements (5) Road construction and area may be excluded from critical discussion), whether by burning, maintenance, right-of-way designation, habitat if it is determined that the mechanical, chemical, or other means and regulation of agricultural activities, benefits of exclusion outweigh the (e.g., plowing, grubbing, grading, or any activity funded or carried out by benefits of specifying a particular area grazing, woodcutting, construction, road the Department of Transportation or as critical habitat, unless the failure to building, mining, mechanical weed Department of Agriculture that could designate such area as critical habitat control, herbicide application, etc.); result in excavation, or mechanized will result in the extinction of the (2) Activities that appreciably degrade land clearing of Brodiaea filifolia species. or destroy Brodiaea filifolia habitat (and habitat; and In our critical habitat designations, we its primary constituent elements) (6) Licensing of construction of have used the provisions outlined in include, but are not limited to, livestock communication sites by the Federal section 4(b)(2) of the Act to evaluate grazing, clearing, disking, farming, Communications Commission or lands eligible for designation for residential or commercial development, funding of construction or development possible exclusion from proposed introducing or encouraging the spread activities by the U.S. Department of critical habitat. Lands that we have of nonnative species, off-road vehicle Housing and Urban Development that either excluded from or not included in use, and heavy recreational use; could result in excavation, or critical habitat based on that provision (3) Activities that appreciably mechanized land clearing of Brodiaea include those covered by: (1) Legally diminish habitat value or quality filifolia habitat. through indirect effects (e.g., edge The 10 proposed critical habitat units operative HCPs that cover the species effects, invasion of exotic plants or are within the geographical area and provide assurances that the animals, or fragmentation); occupied by the species and have the conservation measures for the species (4) Any activity, including the PCEs essential for the conservation of will be implemented and effective; (2) regulation of activities by the Corps of Brodiaea filifolia. Additionally, all draft HCPs that cover the species, have Engineers under section 404 of the habitats within this designation are undergone public review and comment, Clean Water Act or activities carried out likely to be used by the pollinators for and provide assurances that the by or licensed by the Environmental the species. Federal agencies already conservation measures for the species Protection Agency (EPA), that could consult with us on activities in areas will be implemented and effective (i.e., alter watershed or soil characteristics in currently occupied by the species or if pending HCPs); (3) Tribal conservation ways that would appreciably alter or the species may be affected by the plans that cover the species and provide reduce the quality or quantity of surface action, to ensure that their actions do assurances that the conservation and subsurface flow of water needed to not jeopardize the continued existence measures for the species will be maintain Brodiaea filifolia habitat (these of the species. implemented and effective; (4) State activities include, but are not limited to, conservation plans that provide altering the natural fire regime either Exclusions Under Section 4(b)(2) of the assurances that the conservation through fire suppression or by using Act measures for the species will be prescribed fires that are too frequent or Section 4(b)(2) of the Act states that implemented and effective; and (5) poorly-timed; development, including critical habitat shall be designated, and Service National Wildlife Refuge System road building and other direct or revised, on the basis of the best Comprehensive Conservation Plans that indirect activities; agricultural activities, available scientific data after taking into provide assurances that the livestock grazing, and vegetation consideration the economic impact, conservation measures for the species manipulation such as clearing or national security impact, and any other will be implemented and effective. A grubbing in the watershed upslope from relevant impact of specifying any summary of the exclusions proposed in Brodiaea filifolia); particular area as critical habitat. An this rule follow in Table 4.

TABLE 4.—APPROXIMATE ELIGIBLE HABITAT, EXCLUDED ELIGIBLE HABITAT, AND PROPOSED CRITICAL HABITAT (ACRES (AC); HECTARES (HA)) FOR BRODIAEA FILIFOLIA

Total eligible habitat identified for Brodiaea filifolia ...... 9,403 ac; 3,805 ha. Eligible habitat excluded from the proposed critical habitat designation pursuant to section 4(b)(2) of the Act Western Riverside County Multiple Species Habitat Conservation Plan (Riverside County) ...... 3,267 ac; 1,322 ha. City of Carlsbad Draft Habitat Management Plan (San Diego County) ...... 321 ac; 130 ha. Villages of La Costa Habitat Conservation Plan (San Diego County) ...... 208 ac; 84 ha. ‘‘Mission-essential’’ Department of Defense lands (Marine Corps Base (MCB), Camp Pendleton, San Diego County) .. 917 ac; 371 ha. Total eligible habitat excluded from proposed critical habitat ...... 4,713 ac; 1,907 ha. Total eligible habitat proposed as critical habitat ...... 4,690 ac; 1,898 ha.

Relationship of Critical Habitat to Many of the large regional HCPs in planning area of the HCP, and to reduce Approved Habitat Conservation Plans southern California have been, or are delays in the permitting process. being, developed to provide for the Approved regional HCPs (e.g., those As described above, section 4(b)(2) of voluntary and cooperative conservation sponsored by cities, counties or other the Act requires us to consider other of numerous federally listed species and local jurisdictions) where Brodiaea relevant impacts, in addition to rare species and their habitat. Over time, filifolia is addressed provide for the economic and national security impacts, areas in the planning area are addressed protection and management of habitat when designating critical habitat. Some per the HCP, and key areas are acquired, that contains the PCE’s essential to the areas occupied by Brodiaea filifolia managed, and monitored. These HCPs conservation of the species while involve complex HCPs that address are designed to implement conservation shifting development to non-essential multiple species, cover large areas, and actions to address future projects that areas. Regional HCP development have many participating permittees. are anticipated to occur within the processes provide an intensive data

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collection and analysis regarding habitat and, with regard to covered animal known populations of B. filifolia that of B. filifolia. The process also enables species, their incidental take. The intent occur within the boundaries of the draft us to develop a reserve system that of the MSHCP is to provide avoidance, HMP, with one exception, are inside provides for the biological needs and minimization, and mitigation measures planned preserve areas. The draft HMP long-term conservation of the species for the impacts of proposed activities on anticipates B. filifolia will be fully (Schwartz 1999). covered species and their habitats. covered under the plan, with the Completed HCPs and their Within the 1,260,000 ac (510,000 ha) exception of the population known to accompanying Implementing Plan Area of the MSHCP, approximately occur on the Fox-Miller site (Unit 7a), Agreements (IA) contain management 153,000 ac (62,000 ha) of diverse described below. For the fully covered measures and protections for identified habitats are to be conserved. The populations of B. filifolia, the draft HMP preserve areas that protect, restore, and proposed conservation of 153,000 ac identifies the species as a narrow enhance the value of these lands as (62,000 ha) will complement other endemic and provides for the habitat for Brodiaea filifolia. These existing natural and open space areas conservation of 100 percent of those measures include explicit standards to (e.g., State Parks, Forest Service, and populations of B. filifolia that occur minimize impacts to the addressed County Park Lands). The MSHCP within the boundaries of the proposed species and its habitat. In general, HCPs identifies the following species-specific preserve areas. All populations of B. are designed to ensure that the value of conservation goals that will be filifolia, with the exception of the Fox- the conservation lands are maintained, implemented for the long-term Miller population, are included in the expanded, and improved for the species conservation of Brodiaea filifolia: (1) To proposed preserve areas of the draft that they cover. include within the MSHCP conservation HMP. Additionally, the draft HMP Brodiaea filifolia is covered under the area at least 6,900 ac out of an estimated includes provisions to manage the approved Western Riverside Multiple 11,482 ac of suitable habitat; (2) to populations within the preserve areas in Species Habitat Conservation Plan, the include within the MSHCP conservation order to provide for the long-term approved Villages of La Costa Habitat area at least 11 major locations conservation of the species. Conservation Plan, and the City of supporting B. filifolia; (3) to conduct For the Fox-Miller site, the draft HMP Carlsbad Draft Habitat Management surveys for the species in certain areas would only include the plant as a Plan. We have determined that the of suitable habitat until the conservation conditionally covered species. The benefits of excluding eligible habitat goals are met; and (4) to maintain proposed hardline on Fox-Miller will areas within these pending and legally floodplain processes along the San not meet the conditions for coverage of operative HCPs from the proposed Jacinto River. the species due to the recent critical habitat designations will identification of 19,100 plants on the outweigh the benefits of including them. Relationship of Critical Habitat to the property. Modification of this hardline City of Carlsbad Draft Habitat Relationship of Critical Habitat to the would need to occur for coverage of Management Plan—Exclusion Under brodiaea filifolia. Thus, development Western Riverside Multiple Species 4(b)(2) Habitat Conservation Plan (MSHCP)— that would adversely affect this species Lands within the boundaries of the Exclusion Under 4(b)(2) could not be permitted under Carlsbad’s City of Carlsbad draft Habitat HMP until such coverage is received by Areas of eligible habitat for Brodiaea Management Plan (HMP) that contain the City. The Service and CA filifolia in the Western Riverside County eligible habitat for B. filifolia have been Department of Fish and Game will work Management Area occur within the considered but are not proposed as with the City of Carlsbad and the Western Riverside MSHCP area, and critical habitat. The Carlsbad HMP, a landowner to address the conservation have been proposed for exclusion from draft subarea plan under the draft of this plant on that property. If the proposed critical habitat pursuant to Multiple Habitat Conservation Plan conditions to achieve this conservation section 4(b)(2) of the Act. The Western (MHCP), is part of a large-scale habitat are met, we may consider excluding this Riverside MSHCP was developed over a conservation planning effort in area from critical habitat in the final period of eight years and was approved northwestern San Diego County. The rule. and permitted on June 22, 2004. draft MHCP includes the participation Substantial progress has been made Participants in this HCP include 14 of the cities of Carlsbad, Encinitas, on the City of Carlsbad’s subarea HMP. cities, the County of Riverside Escondido, Oceanside, San Marcos, On June 4, 2004, we published a Notice (including the Riverside County Flood Solana Beach and Vista. The draft of Availability of a Draft Environmental Control and Water Conservation MHCP is also being proposed as a Impact Statement/Report (EIS/EIR) and Agency, Riverside County subregional plan under the State’s NCCP Receipt of and Application for an Transportation Commission, Riverside and is being developed in cooperation Incidental Take Permit in the Federal County Parks and Open Space District, with CDFG. The plan area encompasses Register regarding the MHCP and the and Riverside County Waste approximately 111,908 ac (45,288 ha). City of Carlsbad’s draft subarea HMP (69 Department), the California Department Each of the cities participating in the FR 31632). Public comment on these of Parks and Recreation, and the MHCP is preparing an individual documents was accepted until July 6, California Department of subarea plan that would authorize the 2004. The City of Carlsbad also Transportation. The Western Riverside issuance of an incidental take permit for modified their subarea HMP by MSHCP is a subregional plan under the those species specifically identified for addendum in order to receive a Federal State’s Natural Community coverage with a particular city’s subarea consistency determination from the Conservation Plans (NCCP) and was plan. California Coastal Commission. developed in cooperation with the The City of Carlsbad has prepared a Although the draft subarea HMP for California Department of Fish and draft subarea HMP for the MHCP. the City of Carlsbad is not yet approved Game. Within the boundaries of the draft HMP, and implemented, the circulation of the The MSHCP establishes a multi- five eligible populations of B. filifolia final EIS/EIR, solicitation of public species conservation program to are currently known to occur (Calavera review and comment, and initiation of minimize and mitigate the expected loss Heights, Lake Calavera, Fox-Miller, the intra-Service section 7 consultation of habitat values of ‘‘covered species’’ Carlsbad Oaks North, Poinsettia). All for those species, including the

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Brodiaea filifolia, identified for coverage Service prior to the end of the public (1) Benefits of Inclusion with the draft plan, demonstrates comment period for this proposed rule The principal effect of designated significant sustained progress in the will be evaluated for exclusion from the critical habitat is that federally funded development of this habitat final designation. or authorized activities within critical conservation planning effort. The Multiple Habitat Conservation habitat may require consultation under We are excluding eligible habitat for Program (MHCP) in northwestern San section 7 of the Act. Consultation B. filifolia at Calavera Heights, Lake Diego County encompasses ensures that action entities avoid Calavera, Carlsbad Oaks North, and approximately 112,000 ac (45,324 ha). adverse modification of critical habitat. Poinsettia from proposed critical habitat The cities of Oceanside, Escondido, San Currently approved and permitted HCPs designation pursuant to section 4(b)(2) and NCCP/HCPs ensure the long-term of the Act. The population of B. filifolia Marcos, Vista, Carlsbad, Encinitas, and survival of addressed species. HCPs or identified as the Fox-Miller site (Unit 7) Solana Beach are involved in the is being proposed as critical habitat. development and implementation of NCCP/HCPs and IAs (implementing this multiple species HCP/NCCP. As agreements) include management Relationship of Critical Habitat to the discussed above, the City of Carlsbad’s measures and protections for Villages of La Costa Habitat Habitat Management Plan (HMP) is their conservation lands designed to protect, Conservation Plan—Exclusion Under subarea plan to the MHCP and has been restore, and enhance their value as 4(b)(2) proceeding ahead of the other cities in habitat for covered species and thus The Fieldstone/La Costa project is on MHCP. The HMPs for the other provide benefits to the species well in 1,955 acres at two locations within the participating cities are in various stages excess of those that would result from City of Carlsbad. The project is a of development. a critical habitat designation. Another benefit of including these housing development with limited The proposed Southern Subregion lands is that the designation of critical commercial use, a school, park, and NCCP/HCP in Orange County habitat can serve to educate landowners various roadways. All of the Brodiaea encompasses approximately 128,000 ac and the public regarding the potential filifolia on-site occurred in the (51,799 ha) in its planning area. conservation value of an area. This may Northwest parcel and was estimated to Jurisdictions and private landowners focus and contribute to conservation consist of 7,000 individuals. The project within the study area include the cities efforts by other parties by clearly was permitted to directly impact 1,190 of Rancho Santa Margarita, Mission delineating areas of high conservation individuals (17 percent) due to Viejo, San Juan Capistrano, San value for certain species. development. As part of the HCP and Clemente, and Rancho Mission Viejo. B. section 10(a)(1)(B) permit issuance, the filifolia is being proposed as one of the (2) Benefits of Exclusion following conservation measures were species covered under this plan, but required and have been implemented The benefits of excluding lands because this plan is still in review the within HCPs from critical habitat for the long-term conservation of lands in this plan have not been Brodiaea filifolia: (1) Permanent designation include relieving excluded. The preliminary draft of this protection of approximately 5,800 landowners, communities, and counties plan conveys the importance of individuals (83 percent) in a 702.5-ac that have voluntarily adopted an HCP of conservation of at least 75 percent of all natural open space preserve configured the additional regulatory burden that the known B. filifolia occurrences (and to provide connectivity to other might be imposed by critical habitat. an estimated 96 percent of documented significant areas of natural habitat; (2) Many HCPs become the basis for flowering scapes) within the plan area long-term management of conserved regional conservation plans consistent (NCCP/SAMP Working Group 2003). habitat; (3) monitoring; (4) habitat with the recovery objectives for listed restoration and enhancement; (5) North County Subarea of the MSCP species covered within the plan area. control of invasive plant species; (6) comprises approximately 14,045 ha Many of these HCPs provide implementation of a fire management (34,705 ac) within the unincorporated conservation benefits to unlisted, rare program; (7) access control measures; areas of San Diego. Currently, there is species. Imposing additional regulatory and (8) public education. Open space only one known occurrence of Brodiaea review after an HCP is completed solely areas on Villages of La Costa lands are filifolia in this planning area, and this as a result of the designation of critical actively managed to maintain and population is included in proposed habitat may undermine conservation enhance biological values by the Center critical habitat. The North County MSCP efforts and partnerships in many areas. for Natural Lands Management (Don Subarea Plan is in the preliminary In fact, it could result in the loss of Rideout, City of Carlsbad, pers. comm. stages. Draft Plans have not been species’ benefits if participants abandon 2004). created, and the California the voluntary HCP process because it Environmental Quality Act documents may result in an additional regulatory Other Regional Natural Community have not been drafted. However, a group burden requiring more of them than of Conservation Plans and HCPs of independent science advisors other parties who have not voluntarily There are other regional NCCP/HCP reviewed the process for incorporating participated in species conservation. efforts under way in southern California the best available science in the North Designation of critical habitat within the that have not yet been completed but County Subarea Plan (NCSAP). Based boundaries of approved HCPs is likely which, upon approval, will provide on meetings and a review of the to be viewed as a disincentive to those conservation benefits to Brodiaea Independent Science Advisors (ISA) entities currently developing HCPs or filifolia. Lands within these HCPs are Report (ISA 2002), the County created a contemplating them in the future. not excluded from consideration for Revised NCSAP Preserve Planning A related benefit of excluding lands proposed critical habitat. However, Process Report. In addition, public within HCPs from critical habitat management plans and/or habitat scoping meetings have been held and a designation is the continued ability by conservation plans that provide for draft Subarea Plan Working Draft map of the Service to seek new partnerships. conservation of the species in areas the planning area with draft Pre- These may include future HCP being proposed as critical habitat Approved Mitigation Areas have been participants, such as States, counties, submitted to and approved by the identified. local jurisdictions, conservation

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organizations, and private landowners. Relationship of Marine Corps Base finalize the designation for Brodiaea These entities together may implement Camp Pendleton to Proposed Critical filifolia, we may not include areas conservation actions that we would be Habitat essential to the conservation of Brodiaea unable to accomplish otherwise. The Sikes Act Improvements Act of filifolia on Camp Pendleton in the final designation under the authority of An HCP or NCCP/HCP application 1997 (Sikes Act) requires each military 4(a)(3)(B). must undergo section 7 consultation. installation that includes land and water While this consultation does not suitable for the conservation and Exclusion Under 4(b)(2) address adverse modification to critical management of natural resources to Section 4(b)(2) of the Act requires that habitat, it will determine if the HCP complete, by November 17, 2001, an the Secretary of the Interior shall jeopardizes the species in the plan area. Integrated Natural Resources designate or revise critical habitat based Federal actions not covered by the HCP, Management Plan (INRMP). An INRMP upon the best scientific and commercial but in areas occupied by listed species, integrates implementation of the data available, after taking into still require consultation under section military mission of the installation with consideration the economic impact, stewardship of the natural resources 7 of the Act. HCPs and NCCP/HCPs impact to national security and any found there. INRMPs include an typically provide greater conservation other relevant impact of specifying any assessment of the ecological needs on benefits to an addressed listed species particular area as critical habitat. The the installation, including needs to Secretary may exclude any area from than section 7 consultations because, provide for the conservation of listed under the specific requirements for an critical habitat if it is determined that species; a statement of goals and the benefit of such exclusion outweighs HCP contained in section 10 of the Act, priorities; a description of management HCPs and NCCP/HCPs assure the long- the benefits of specifying such area as actions to be implemented to provide part of the critical habitat, unless the term protection and management of a for these ecological needs; a monitoring failure to designate such area as critical covered species and its habitat, and plan, and an adaptive management plan. habitat will result in the extinction of funding for such management through Section 318 of the National Defense the species concerned. the standards found in the 5 Point Authorization Act for Fiscal Year 2004 We have considered the effect of a Policy for HCPs (64 FR 35242). Section (Public Law No. 108–136) amended the critical habitat designation on national 7 is limited to requiring that the specific Endangered Species Act to address the security and have determined that the action being consulted upon does not relationship of INRMPs to critical benefits of exclusion outweigh the jeopardize the continued existence of habitat by adding a new section benefits of inclusion. We are, therefore, the species or destroy or adversely 4(a)(3)(B). This provision prohibits the not proposing critical habitat on modify critical habitat. Service from designating as critical ‘‘mission-essential’’ training areas on habitat any lands or other geographical Camp Pendleton. In this proposal we (3) Benefits of Exclusion Outweigh the areas owned or controlled by the refer to areas designated as training Benefits of Inclusion Department of Defense, or designated areas on maps created by MCB, Camp for its use, that are subject to an INRMP The Western Riverside MSHCP, the Pendleton as ‘‘mission-essential’’ prepared under section 101 of the Sikes Carlsbad HMP, and the Villages of La training areas. Camp Pendleton has Act (16 U.S.C. 670a), if the Secretary of identified its training areas as ‘‘mission- Costa HCP include Brodiaea filifolia as the Interior determines in writing that a covered species. HCPs and NCCP/ essential’’ to the Marine Corps’ ability to such plan provides a benefit to the train Marines and Sailors for combat, HCPs provide protection for B. filifolia species for which critical habitat is and which is discussed in the ‘‘Benefits and its associated habitat. The proposed for designation. of Exclusion’’ below. educational benefits of critical habitat, Camp Pendleton has completed an To continue its critical training including informing the public of areas INRMP that provides a framework for missions pending completion of the that are essential for the long-term managing natural resources. As part of consultation covering upland habitats survival and conservation of the species, the process of developing their INRMP, and species discussed above, the Marine is still accomplished from material on March 30, 2000, a formal Corps has implemented measures to provided on our website and through consultation was initiated between the avoid jeopardy of Brodiaea filifolia and public notice and comment procedures Marine Corps and the Fish and Wildlife other listed species within the uplands required to establish an HCP or NCCP/ Service regarding their activities on area. In particular, the Marine Corps is HCP. We have also received input from upland areas of Camp Pendleton. The implementing a set of ‘‘programmatic the public through the public consultation that addresses the upland instructions’’ to avoid adverse effects to participation that occurs in the habitat of Brodiaea filifolia and other B. filifolia. species is not yet complete. We are development of many regional HCPs or (1) Benefits of Inclusion NCCP/HCPs. For these reasons, we currently working cooperatively with believe that proposing critical habitat Camp Pendleton to facilitate the The primary benefit of proposing has little additional benefit in areas completion of this consultation. Thus, critical habitat is to identify lands covered by HCPs, provided that the HCP the INRMP currently does not provide a within occupied areas that contain the benefit to listed species, including PCEs essential to the conservation of the or NCCP/HCP specifically and Brodiaea filifolia, contained within species or within unoccupied area are adequately covers the species for which these habitats on the base. As such, we essential to the conservation of the critical habitat is being proposed. We do are unable to use the INRMP for Camp species. If critical habitat were to be not believe that this exclusion would Pendleton as a basis for not including designated in these areas they would result in the extinction of the species lands essential to the conservation of require consultation to ensure activities because the eligible habitat within these Brodiaea filifolia in proposed critical would not adversely modify critical HCPs will be conserved, and we have habitat pursuant to section 4(a)(3)(B) of habitat or jeopardize the continued already consulted on these HCPs under the Act. If, however the consultation existence of the species. We are in section 7 of the Act. that addresses upland habitat and formal consultation with the Marine species is finalized prior to the time we Corps on upland activities to ensure

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current and proposed actions will not been completed that assessed the effects provided to allow the public the jeopardize the species’ continued to a federally listed species on MCB, opportunity to adequately comment on existence, and the Marine Corps Camp Pendleton. If ‘‘may affect’’ these exclusions. routinely consults with the Service for determinations were made, the Marine Economic Analysis activities on Camp Pendelton that may Corps would be further obligated to affect federally listed species to ensure initiate or reinitiate consultations with An analysis of the economic impacts such species are not jeopardized. On us. In a similar proposed designation for of proposing critical habitat for Brodiaea March 30, 2000, at the request of the the California coastal gnatcatcher and filifolia is being prepared. We will Marine Corps, the Service initiated San Diego fairy shrimp, the Marine announce the availability of the draft consultation regarding activities on Corps warned that the requirement to economic analysis in the Federal approximately 125,000 ac (50,500 ha) of undertake additional conferencing and/ Register as soon as it is completed, at land on Camp Pendelton and their or consultations or revisiting already which time we will seek public review effects on numerous federally listed completed consultations specifically to and comment. At that time, copies of species, including the brodiaea. address the effects of activities on the draft economic analysis will be Although this programmatic designated critical habitat could delay available for downloading from the consultation has not yet been or impair the Marine Corps’ ability to Internet at http://carlsbad.fws.gov, or by completed, the Marine Corps has train Marines and Sailors for combat in contacting the Field Supervisor, implemented a set of ‘‘programmatic support of continuous, global Carlsbad Fish and Wildlife Office instructions’’ to minimize adverse deployment to the western Pacific and directly (see ADDRESSES section). effects to the brodiaea. The benefits southwest Asia (Department of the Peer Review associated with designating critical Navy; June 23, 2003 letter). Thus, the habitat on mission-essential training Service has determined it is appropriate In accordance with our policy areas and on lands within Camp to exclude approximately 917 ac (371 published on July 1, 1994, (59 FR Pendelton would be minimal because ha) of land within MCB, Camp 34270), we will solicit the expert these areas are already encompassed in Pendleton from this proposed opinions of at least three appropriate the ongoing programmatic consultation. designation of critical habitat. and independent specialists regarding Designation of critical habitat may this proposed rule. The purpose of such (3) Benefits of Exclusion Outweigh the provide education benefits by informing review is to ensure that our critical Benefits of Inclusion land managers of areas essential to the habitat designation is based on conservation of the brodiaea. In the case Based on the impact to national scientifically sound data, assumptions, of Camp Pendelton there is no security and the Marine Corps’ need to and analyses. We will send these peer appreciable educational benefit because maintain a high level of military reviewers copies of this proposed rule the installation has already readiness and combat capability, the immediately following publication in demonstrated its knowledge and Service determined that the benefits of the Federal Register. We will invite understanding of essential habitat for excluding mission-essential training these peer reviewers to comment on the the species through the ongoing areas within MCB, Camp Pendleton specific assumptions and conclusions programmatic consultation and from critical habitat outweigh the regarding the proposed designation of implementation of ‘‘programmatic benefits of including them in such critical habitat. instructions.’’ proposed designation. The Service, in We will consider all comments and conducting this analysis pursuant to information received during the (2) Benefits of Exclusion section 4(b)(2) of the Act, determined comment period on this proposed rule The Marine Corps Base, Camp that the exclusion of these lands from during the preparation of a final Pendleton (MCB, Camp Pendleton) is an proposed critical habitat will not result rulemaking. Accordingly, the final amphibious training base that promotes in the extinction of the brodiaea because designation may differ from this combat readiness for military forces and the Marine Corps has implemented proposal. is the only Marine Corps facility on the measures to avoid jeopardy of the West Coast where amphibious Brodiaea filifolia and other listed Public Hearings operations can be combined with air, species in the uplands area. Although The Act provides for one or more sea, and ground assault training these lands are not included in public hearings on this proposal, if activities year-round. If eligible habitat designated proposed critical habitat, the requested. Requests for public hearings that occurs within ‘‘mission-essential’’ Marine Corps will still be required to must be made in writing at least 15 days training areas is proposed as critical consult with the Service on activities prior to the close of the public comment habitat, the Marine Corps would be that may affect the brodiaea, to ensure period. We will schedule public required to determine if activities would such activities do not jeopardize the hearings on this proposal, if any are adversely modify or destroy proposed continued existence of the species. requested, and announce the dates, critical habitat. If such a determination Additionally, management guidelines times, and places of those hearings in was made, the Marine Corps would be for all upland areas are expected to be the local newspapers at least 15 days compelled to conference with us developed and incorporated into future prior to the first hearing. pursuant to the requirements of section revisions of MCB, Camp Pendleton’s 7 of the Act. Furthermore, if proposed INRMP upon completion of the Clarity of the Rule critical habitat within training areas is programmatic consultation on upland Executive Order 12866 requires each included in a final designation, areas. Maps delineating habitat for B. agency to write regulations and notices designation of critical habitat in filifolia, overlaid with ‘‘mission- that are easy to understand. We invite mission-essential training areas would essential’’ training areas on MCB, Camp your comments on how to make this trigger a requirement for the Marine Pendleton, are available for public proposed rule easier to understand, Corps to consult on activities that may review and comment at the Carlsbad including answers to the following: (1) affect designated critical habitat and to Fish and Wildlife Office (see ADDRESSES Are the requirements in the proposed reinitiate consultation on activities for section) or on the Internet at http:// rule clearly stated? (2) Does the which a consultation may have already carlsbad.fws.gov. These maps are proposed rule contain technical jargon

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that interferes with the clarity? (3) Does significant economic impact on a and no Statement of Energy Effects is the format of the proposed rule substantial number of small entities. required. We will, however, further (grouping and order of the sections, use At this time, the Service lacks the evaluate this issue as we conduct our of headings, paragraphing, etc.) aid or available economic information economic analysis and, as appropriate, reduce its clarity? (4) Is the description necessary to provide an adequate factual review and revise this assessment as of the notice in the SUPPLEMENTARY basis for the required RFA finding. warranted. INFORMATION section of the preamble Therefore, the RFA finding is deferred until completion of the draft economic Unfunded Mandates Reform Act (2 helpful in understanding the proposed U.S.C. 1501 et seq.) rule? (5) What else could we do to make analysis prepared pursuant to section this proposed rule easier to understand? 4(b)(2) of the ESA and E.O. 12866. This In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501), Send a copy of any comments on how draft economic analysis will provide the the Service makes the following we could make this proposed rule easier required factual basis for the RFA findings: to understand to: Office of Regulatory finding. Upon completion of the draft economic analysis, the Service will (a) This rule will not produce a Affairs, Department of the Interior, room Federal mandate. In general, a Federal 7229, 1849 C Street, NW., Washington, publish a notice of availability of the draft economic analysis of the proposed mandate is a provision in legislation, DC 20240. You may e-mail your designation and reopen the public statute or regulation that would impose comments to this address: comment period for the proposed an enforceable duty upon State, local, [email protected]. designation. The Service will include tribal governments, or the private sector Required Determinations with the notice of availability, as and includes both ‘‘Federal appropriate, an initial regulatory intergovernmental mandates’’ and Regulatory Planning and Review flexibility analysis or a certification that ‘‘Federal private sector mandates.’’ This document has been reviewed by the rule will not have a significant These terms are defined in 2 U.S.C. the Office of Management and Budget economic impact on a substantial 658(5)–(7). ‘‘Federal intergovernmental (OMB), in accordance with Executive number of small entities accompanied mandate’’ includes a regulation that Order 12866. OMB makes the final by the factual basis for that ‘‘would impose an enforceable duty determination under Executive Order determination. The Service has upon State, local, or tribal governments’’ 12866. We are preparing a draft concluded that deferring the RFA with two exceptions. It excludes ‘‘a economic analysis of this proposed finding until completion of the draft condition of federal assistance.’’ It also action, which will be available for economic analysis is necessary to meet excludes ‘‘a duty arising from public comment, to determine the the purposes and requirements of the participation in a voluntary Federal economic consequences of designating RFA. Deferring the RFA finding in this program,’’ unless the regulation ‘‘relates the specific areas as critical habitat. manner will ensure that the Service to a then-existing Federal program Within these areas, the types of Federal makes a sufficiently informed under which $500,000,000 or more is actions or authorized activities that we determination based on adequate provided annually to State, local, and tribal governments under entitlement have identified as potential concerns are economic information and provides the authority,’’ if the provision would listed above in the section on Section 7 necessary opportunity for public ‘‘increase the stringency of conditions of Consultation. comment. assistance’’ or ‘‘place caps upon, or The availability of the draft economic Executive Order 13211 otherwise decrease, the Federal analysis will be announced in the On May 18, 2001, the President issued Government’s responsibility to provide Federal Register and in local an Executive Order (E.O. 13211) on funding’’ and the State, local, or tribal newspapers so that it is available for regulations that significantly affect governments ‘‘lack authority’’ to adjust public review and comments. energy supply, distribution, and use. accordingly. (At the time of enactment, Regulatory Flexibility Act (5 U.S.C. 601 Executive Order 13211 requires agencies these entitlement programs were: et seq.) to prepare Statements of Energy Effects Medicaid; AFDC work programs; Child when undertaking certain actions. This Nutrition; Food Stamps; Social Services Under the Regulatory Flexibility Act proposed rule to designate critical Block Grants; Vocational Rehabilitation (5 U.S.C. 601 et seq., as amended by the habitat for Brodiaea filifolia is not State Grants; Foster Care, Adoption Small Business Regulatory Enforcement anticipated to be a significant regulatory Assistance, and Independent Living; Fairness Act (SBREFA) of 1996), action under Executive Order 12866, Family Support Welfare Services; and whenever an agency is required to and it is not expected to significantly Child Support Enforcement.) ‘‘Federal publish a notice of rulemaking for any affect energy supplies, distribution, or private sector mandate’’ includes a proposed or final rule, it must prepare use because there are no distribution regulation that ‘‘would impose an and make available for public comment facilities, power grid stations, etc. enforceable duty upon the private a regulatory flexibility analysis that within the boundaries of proposed sector, except (i) a condition of Federal describes the effects of the rule on small critical habitat. However, two pipelines assistance; or (ii) a duty arising from entities (i.e., small businesses, small cross portions of subunits 4f, Telega/ participation in a voluntary Federal organizations, and small government Segunda Deschecha, and 8d, Upham. program.’’ jurisdictions). However, no regulatory Since the areas supporting the pipelines The designation of critical habitat flexibility analysis is required if the are considered developed areas that do does not impose a legally binding duty head of the agency certifies the rule will not contain the primary constituent on non-Federal government entities or not have a significant economic impact elements for this species and are private parties. Under the Act, the only on a substantial number of small excluded from the designation by text, regulatory effect is that Federal agencies entities. The SBREFA amended the we do not believe that activities limited must ensure that their actions do not Regulatory Flexibility Act (RFA) to to these areas supporting the pipelines destroy or adversely modify critical require Federal agencies to provide a would be affected by the designation. habitat under section 7. While non- statement of the factual basis for Therefore, we do not anticipate that this Federal entities who receive Federal certifying that the rule will not have a action is not a significant energy action funding, assistance, permits or

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otherwise require approval or State and local resource agencies in that assertion was upheld in the courts of the authorization from a Federal agency for the areas and features essential to the Ninth Circuit (Douglas County v. an action may be indirectly impacted by conservation of this species are more Babbitt, 48 F.3d 1495 (9th Cir. Ore. the designation of critical habitat, the clearly defined, and the primary 1995), cert. denied 116 S. Ct. 698 legally binding duty to avoid constituent elements of the habitat (1996)). destruction or adverse modification of necessary to the conservation of this critical habitat rests squarely on the species are specifically identified. While Government-to-Government Federal agency. Furthermore, to the this definition and identification does Relationship With Tribes extent that non-Federal entities are not alter where and what federally In accordance with the President’s indirectly impacted because they sponsored activities may occur, it may memorandum of April 29, 1994, receive Federal assistance or participate assist local governments in long-range ‘‘Government-to-Government Relations in a voluntary Federal aid program, the planning (rather than waiting for case- with Native American Tribal Unfunded Mandates Reform Act would by-case section 7 consultations to Governments’’ (59 FR 22951), Executive not apply; neither would critical habitat occur). Order 13175, and the Department of the shift the costs of the large entitlement Civil Justice Reform Interior’s manual at 512 DM 2, we programs listed above on to State readily acknowledge our responsibility governments. In accordance with Executive Order to communicate meaningfully with (b) We do not believe that this rule 12988, the Department of the Interior’s recognized Federal Tribes on a will significantly or uniquely affect Office of the Solicitor has determined government-to-government basis. We small governments. The term ‘‘small that this rule does not unduly burden have determined that there are no tribal governmental jurisdiction’’ means the judicial system and does meet the lands eligible for the conservation of governments of cities, counties, towns, requirements of sections 3(a) and 3(b)(2) Brodiaea filifolia. Therefore, critical townships, villages, school districts, or of the Order. We are proposing to habitat has not been proposed for special districts with a population of designate critical habitat in accordance designation on Tribal lands. less than 50,000 (U.S.C. title 5, part I, with provisions of the Endangered chapter 6, section 601[5]). The lands Species Act. The rule uses standard References Cited being proposed for designation as property descriptions and identifies the A complete list of all references cited critical habitat for Brodiaea filifolia are primary constituent elements within the herein is available, upon request, from owned by Federal, State, and local designated areas to assist the public in the Field Supervisor, Carlsbad Field government entities. None of these understanding the habitat needs of Office (see ADDRESSES section). government entities fits the definition of Brodiaea filifolia. ‘‘small governmental jurisdiction.’’ As Author Paperwork Reduction Act of 1995 (44 such, a Small Government Agency Plan U.S.C. 3501 et seq.) This rule was prepared by staff at the is not required. We will, however, Carlsbad Field Office (see ADDRESSES further evaluate this issue as we This proposed rule does not contain section). conduct our economic analysis and new or revised information collection revise this assessment if appropriate. for which OMB approval is required List of Subjects in 50 CFR Part 17 under the Paperwork Reduction Act. Federalism Information collections associated with Endangered and threatened species, In accordance with Executive Order certain Act permits are covered by an Exports, Imports, Reporting and 13132, this rule does not have existing OMB approval and are assigned recordkeeping requirements, significant Federalism effects and, clearance No. 1018–0094. This includes Transportation. therefore, a Federalism assessment is Forms 3–200–55 and 3–200–56, with an Proposed Regulation Promulgation not required. In keeping with expiration date of July 31, 2004. This Department of the Interior policies, we rule will not impose record keeping or Accordingly, the Service hereby requested information from, and reporting requirements on State or local proposes to amend part 17, subchapter coordinated the development of this governments, individuals, businesses, or B of chapter I, title 50 of the Code of proposed critical habitat designation organizations. An agency may not Federal Regulations, as set forth below: with appropriate State resource agencies conduct or sponsor, and a person is not PART 17—[AMENDED] in California. We anticipate that the required to respond to, a collection of proposed designation of critical habitat information unless it displays a 1. The authority citation for part 17 in the areas currently occupied by currently valid OMB control number. continues to read as follows: Brodiaea filifoli a will imposes no additional significant restrictions National Environmental Policy Act Authority: 16 U.S.C. 1361–1407; 16 U.S.C. beyond those currently in place and, It is our position that, outside the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. therefore, should have has little Tenth Circuit, we do not need to incremental impact on State and local prepare environmental analyses as 2. In § 17.12(h), revise the entry in the governments and their activities. defined by the NEPA in connection with table for ‘‘Brodiaea filifolia’’ under However, we will re-evaluate this designating critical habitat under the ‘‘FLOWERING PLANTS,’’ to read as assessment after conducting our Endangered Species Act of 1973, as follows: economic analysis for the species and amended. We published a notice for the final designation. outlining our reasons for this § 17.12 Endangered and threatened plants. The proposed designation of critical determination in the Federal Register * * * * * habitat may have some benefit to the on October 25, 1983 (48 FR 49244). This (h) * * *

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Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules

FLOWERING PLANTS

******* Brodiaea filifolia ...... Thread-leaved U.S.A. (CA) ...... Liliaceae—-Lily ...... T 650 17.96(a) NA brodiaea.

*******

3. In § 17.96(a), add critical habitat for sage scrub or coastal sage scrub- freshwater marsh communities Brodiaea filifolia, in alphabetical order chaparral communities; or associated with intermittent drainages, under Family Liliaceae to read as (B) Silty loam soil series underlain by floodplains, and seeps generally follows: a clay subsoil or caliche that are between 1,800 ft (550 m) and 2,500 ft generally poorly drained, moderately to (765 m). § 17.96 Critical habitat—plants. strongly alkaline, granitic in origin (e.g., (ii) Areas with an intact surface and (a) Flowering plants. Domino, Grangeville, Waukena, subsurface structure not permanently * * * * * Willows), that generally occur in low- altered by anthropogenic land use Family Liliaceae: Brodiaea filifolia lying areas and floodplains, often in activities (e.g., deep, repetitive disking; (Thread-leaved brodiaea) association with vernal pool or playa grading). These features as well as (1) Critical habitat units are depicted complexes, between the elevations of associated physical processes (e.g., full for Brodiaea filifolia on the maps below. 600 ft (180 m) and 1,800 ft (550 m) and sunlight exposure) are essential to (2) The primary constituent elements support native, non-native, or alkali maintain those substrate and vegetation of critical habitat for Brodiaea filifolia grassland or scrub communities; or types where Brodiaea filifolia is found (C) Clay loam soil series (e.g., consist of the following: and to support pollinator assemblages (i) Appropriate soil series and Murrieta) underlain by heavy clay loams necessary to facilitate gene flow within associated vegetation at suitable or clays derived from olivine basalt lava and among populations of B. filifolia. elevations of either: flows, that generally occur on mesas and (A) Clay soil series of various origins gentle to moderate slopes between the (iii) Critical habitat does not include (e.g., Alo, Altamont, Auld, Diablo), clay elevations of 1,700 ft (520 m) and 2,500 existing features and structures, such as lenses found as unmapped inclusions in ft (765 m) and support native or non- open water, buildings, roads, aqueducts, other soil series, or within loamy soils native grassland or oak woodland railroads, airport runways and underlain by a clay subsoil (e.g., savannah communities associated with buildings, other paved areas, lawns, and Fallbrook, Huerhuero, Las Flores) that basalt vernal pools; or other urban landscaped areas not generally occur on mesas and gentle to (D) Sandy loam soils derived from containing one or more of the primary moderate slopes, or in association with basalt and granodiorite parent materials, constituent elements. vernal pools, between the elevations of deposits of gravel, cobble, and boulders, (3) Index map of critical habitat units 100 ft (30 m) and 2,500 ft (765 m) and or hydrologically-fractured weathered for Brodiaea filifolia (Thread-leaved support open native or non-native granite in intermittent streams and brodiaea) follows: grassland communities, open coastal seeps that support open riparian and BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(4) All map units are in the Universal 422600, 3779300; 422400, 3779300; 425500, 3777900; 425400, 3777900; Transverse Mercator (UTM) coordinate 422400, 3779200; 422100, 3779200; 425400, 3777800; 425300, 3777800; system, North American Datum of 1927 422100, 3779300; 422000, 3779300; 425300, 3777700; 425200, 3777700; (NAD27) projection. 422000, 3779500; 421900, 3779500; 425200, 3777500; 424700, 3777500; Map Unit 1: Los Angeles County, 421900, 3779800; 422000, 3779800; 424700, 3777600; 424600, 3777600; California, from USGS 1:24,000 422000, 3779900; returning to 422400, 424600, 3778200; 424700, 3778200; quadrangle map Glendora, California. 3779900. 424700, 3778500; 424900, 3778500; (i) Subunit 1a: Glendora; land (ii) Subunit 1b: San Dimas; land 424900, 3778600; returning to 425300, bounded by the following UTM bounded by the following UTM 3778600. coordinates (E, N): 422400, 3779900; coordinates (E, N): 425300, 3778600; (iii) Map of proposed critical habitat 422400, 3779800; 422500, 3779800; 425300, 3778500; 425400, 3778500; unit 1a, 1b for Brodiaea filifolia 422500, 3779700; 422600, 3779700; 425400, 3778400; 425500, 3778400; (Thread-leaved brodiaea) follows:

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(5)(i) Map Unit 2: Arrowhead Hot 475400, 3783000; 475400, 3782800; 474900, 3782400; 474900, 3783000; Springs, San Bernardino County, 475500, 3782800; 475500, 3782500; returning to 475400, 3783000. California. From USGS 1:24,000 475400, 3782500; 475400, 3782400; (ii) Map of proposed critical habitat quadrangle map San Bernardino North, 475300, 3782400; 475300, 3782300; unit 2 for Brodiaea filifolia (Thread- California, land bounded by the 475000, 3782300; 475000, 3782400; leaved brodiaea) follows: following UTM coordinates (E, N):

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BILLING CODE 4310–55–C

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(6) Map Unit 3: Aliso Canyon, Orange 444500, 3710000; 444200, 3710000; 448300, 3705800; 448500, 3705800; County, California. From USGS 1:24,000 444200, 3710100; 443900, 3710100; 448500, 3705700; 448600, 3705700; quadrangle map San Juan Capistrano, 443900, 3710200; 443800, 3710200; 448600, 3705600; 448700, 3705600; California, land bounded by the 443800, 3710600; 443900, 3710600; 448700, 3705300; 448600, 3705300; following UTM coordinates (E, N): 443900, 3710900; 444000, 3710900; 448600, 3704700; 448700, 3704700; 432200, 3712100; 432200, 3712000; 444000, 3711400; 444100, 3711400; 448700, 3704500; 448800, 3704500; 432500, 3712000; 432500, 3711900; 444100, 3711500; 444500, 3711500; 448800, 3704400; 448700, 3704400; 432600, 3711900; 432600, 3711800; 444500, 3711400; 444600, 3711400; 448700, 3704100; 448600, 3704100; 432700, 3711800; 432700, 3711400; returning to 444600, 3711000; and land 448600, 3704000; 448200, 3704000; 432600, 3711400; 432600, 3711300; bounded by 444600, 3711000; 444700, 448200, 3704100; 448100, 3704100; 432400, 3711300; 432400, 3711200; 3711000; 444700, 3711100; 444800, 448100, 3704200; 448000, 3704200; 432200, 3711200; 432200, 3711300; 3711100; 444800, 3711200; 445100, 448000, 3704600; 448100, 3704600; 431900, 3711300; 431900, 3711400; 3711200; 445100, 3711100; 445200, 448100, 3704700; 448000, 3704700; 431800, 3711400; 431800, 3711900; 3711100; 445200, 3710600; 444700, 448000, 3704900; 447900, 3704900; 431900, 3711900; 431900, 3712000; 3710600; 444700, 3710700; 444600, 447900, 3705000; 447800, 3705000; 432000, 3712000; 432000, 3712100; 3710700; returning to 444600, 3711000. 447800, 3705100; 447700, 3705100; returning to 432200, 3712100. (iv) Subunit 4d: Prima Deshecha; land 447700, 3705600; 447800, 3705600; (7) Map Unit 4: Orange County, bounded by the following UTM 447800, 3705800; 447700, 3705800; California, from USGS 1:24,000 coordinates (E, N): 442600, 3706000; 447700, 3705900; 447600, 3705900; quadrangle maps San Juan Capistrano, 442600, 3705900; 442700, 3705900; 447600, 3706000; 447500, 3706000; Canada Gobernadora, and San 442700, 3705700; 442800, 3705700; 447500, 3706300; 447600, 3706300; Clemente, California. 442800, 3705500; 442700, 3705500; 447600, 3706400; 447900, 3706400; (i) Subunit 4a: Arroyo Trabuco; land 442700, 3705300; 442100, 3705300; 447900, 3706500; 447700, 3706500; bounded by the following UTM 442100, 3705400; 442000, 3705400; 447700, 3706600; 447600, 3706600; coordinates (E, N): 439600, 3712900; 442000, 3705900; 442100, 3705900; 439600, 3712800; 439700, 3712800; 442100, 3706000; returning to 442600, 447600, 3707000; 447700, 3707000; 439700, 3712500; 439600, 3712500; 3706000. 447700, 3707400; 447800, 3707400; 439600, 3712400; 439500, 3712400; (v) Subunit 4e: Forster Ranch; land 447800, 3707600; returning to 448300, 439500, 3712300; 439300, 3712300; bounded by the following UTM 3707600. 439300, 3712400; 439100, 3712400; coordinates (E, N): 443300, 3703500; (viii) Subunit 4h: Cristianitos Canyon 439100, 3712900; returning to 439600, 443300, 3703400; 443400, 3703400; South; land bounded by the following 3712900. 443400, 3703300; 443500, 3703300; UTM coordinates (E, N): 447000, (ii) Subunit 4b: Casper’s Regional 443500, 3703100; 443400, 3703100; 3702800; 447000, 3702700; 447200, Park; land bounded by the following 443400, 3702900; 443300, 3702900; 3702700; 447200, 3702200; 447100, UTM coordinates (E, N): 447200, 443300, 3702800; 443000, 3702800; 3702200; 447100, 3702300; 446800, 3715700; 447200, 3715600; 447300, 443000, 3702900; 442800, 3702900; 3702300; 446800, 3702400; 446600, 3715600; 447300, 3715500; 447400, 442800, 3703400; 442900, 3703400; 3702400; 446600, 3702500; 446500, 3715500; 447400, 3715400; 447500, 442900, 3703500; returning to 443300, 3702500; 446500, 3702700; 446600, 3715400; 447500, 3714900; 447600, 3703500. 3702700; 446600, 3702800; returning to 3714900; 447600, 3714800; 447700, (vi) Subunit 4f: Talega/Segunda 447000, 3702800. 3714800; 447700, 3714400; 447600, Deshecha; land bounded by the (ix) Subunit 4i: Blind Canyon; land 3714400; 447600, 3714300; 447500, following UTM coordinates (E, N): bounded by the following UTM 3714300; 447500, 3714200; 447200, 446400, 3705600; 446400, 3705100; coordinates (E, N): 451500, 3703900; 3714200; 447200, 3714300; 447000, 446300, 3705100; 446300, 3705000; 451500, 3703800; 451700, 3703800; 3714300; 447000, 3714500; 446900, 446100, 3705000; 446100, 3704600; 451700, 3703200; 451400, 3703200; 3714500; 446900, 3714700; 446800, 446000, 3704600; 446000, 3704500; 451400, 3703100; 451300, 3703100; 3714700; 446800, 3714900; 446700, 445500, 3704500; 445500, 3704600; 451300, 3702900; 450800, 3702900; 3714900; 446700, 3715600; 446900, 445400, 3704600; 445400, 3705200; 450800, 3703400; 450900, 3703400; 3715600; 446900, 3715700; returning to 445600, 3705200; 445600, 3705300; 450900, 3703500; 451100, 3703500; 447200, 3715700. 445800, 3705300; 445800, 3705500; 451100, 3703700; 451200, 3703700; (iii) Subunit 4c: Canada Gobernadora/ 445900, 3705500; 445900, 3705600; 451200, 3703800; 451300, 3703800; Chiquita Ridgeline; land bounded by the returning to 446400, 3705600. following UTM coordinates (E, N): (vii) Subunit 4g: Cristianitos Canyon; 451300, 3703900; returning to 451500, 444600, 3711000; 444500, 3711000; land bounded by the following UTM 3703900. 444500, 3710600; 444600, 3710600; coordinates (E, N): 448300, 3707600; (x) Map of critical habitat units 3 and 444600, 3710400; 444700, 3710400; 448300, 3706600; 448200, 3706600; 4a–i for Brodiaea filifolia (Thread- 444700, 3710200; 444600, 3710200; 448200, 3706500; 448100, 3706500; leaved brodiaea) follows: 444600, 3710100; 444500, 3710100; 448100, 3705900; 448300, 3705900; BILLING CODE 4310–55–P

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(8) Map of excluded eligible habitat brodiaea), Corona area, Riverside for Brodiaea filifolia (Thread-leaved County, California follows:

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(9) Map of excluded eligible habitat brodiaea), Perris area, Riverside County, for Brodiaea filifolia (Thread-leaved California follows:

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(10) Map Unit 5: Northern San Diego 463700, 3704000; 463600, 3704000; (ii) Subunit 5b: Devil’s Canyon; land County, California, from USGS 1:24,000 463600, 3703900; 463300, 3703900; bounded by the following UTM quadrangle maps Sitton Peak, Margarita 463300, 3704000; 463200, 3704000; coordinates (E, N): 465000, 3702200; Peak, and Fallbrook, California. 463200, 3704100; 463100, 3704100; 464800, 3702200; 464800, 3702100; (i) Subunit 5a: Miller Mountain; land 463100, 3704500; 463200, 3704500; 464500, 3702100; 464500, 3702200; bounded by the following UTM 463200, 3704600; 463400, 3704600; 464300, 3702200; 464300, 3702700; coordinates (E, N): 464300, 3707400; 463400, 3704800; 463200, 3704800; 464400, 3702700; 464400, 3702800; 464300, 3707300; 464400, 3707300; 463200, 3704900; 463100, 3704900; 464800, 3702800; 464800, 3702700; 464400, 3707200; 464500, 3707200; 463100, 3705400; 463300, 3705400; 464900, 3702700; 464900, 3702600; 464500, 3707000; 464800, 3707000; 463300, 3705500; 463400, 3705500; 465000, 3702600; returning to 465000, 464800, 3706900; 464900, 3706900; 3702200; and land bounded by 465000, 464900, 3706800; 465000, 3706800; 463400, 3705600; 463500, 3705600; 463500, 3705700; 463300, 3705700; 3702200; 465400, 3702200; 465400, 465000, 3706700; 465100, 3706700; 3702100; 465500, 3702100; 465500, 465100, 3706600; 465200, 3706600; 463300, 3705800; 463100, 3705800; 3701500; 465400, 3701500; 465400, 465200, 3705900; 465100, 3705900; 463100, 3705900; 462900, 3705900; 3701300; 465300, 3701300; 465300, 465100, 3705700; 464400, 3705700; 462900, 3706000; 462800, 3706000; 3701200; 464800, 3701200; 464800, 464400, 3705400; 464300, 3705400; 462800, 3706100; 462600, 3706100; 464300, 3705300; 464200, 3705300; 462600, 3706300; 462500, 3706300; 3701300; 464700, 3701300; 464700, 464200, 3705200; 464100, 3705200; 462500, 3706800; 462600, 3706800; 3701700; 464800, 3701700; 464800, 464100, 3705100; 464000, 3705100; 462600, 3707000; 463100, 3707000; 3702000; 464900, 3702000; 464900, 464000, 3705000; 463900, 3705000; 463100, 3707100; 463300, 3707100; 3702100; 465000, 3702100; returning to 463900, 3704900; 464100, 3704900; 463300, 3707200; 463400, 3707200; 465000, 3702200. 464100, 3704400; 464000, 3704400; 463400, 3707300; 463500, 3707300; (iii) Map of proposed critical habitat 464000, 3704300; 463800, 3704300; 463500, 3707400; returning to 464300, units 5a and 5b for Brodiaea filifolia 463800, 3704100; 463700, 3704100; 3707400. (Thread-leaved brodiaea) follows:

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(11) Map of proposed critical habitat eligible habitat for Brodiaea filifolia Riverside and San Diego Counties units 4g–i, 5a and 5b and excluded (Thread-leaved brodiaea), Orange, follows:

BILLING CODE 4310–55–C

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(12) Map Unit 6: Oceanside, San coordinates (E, N): 473900, 3666900; coordinates (E, N): 482000, 3667300; Diego County, California, from USGS 474200, 3666800; 474400, 3666700; 482000, 3667100; 481800, 3667100; 1:24,000 quadrangle map San Luis Rey, 474400, 3666600; 474500, 3666400; 481800, 3667300; returning to 482000, California. 474400, 3666400; 474200, 3666300; 3667300. (i) Subunit 6a: Alta Creek; land 474100, 3666200; 474000, 3666200; (iv) Subunit 8d: Upham; land bounded by the following UTM 474000, 3666300; 473600, 3666300; bounded by the following UTM coordinates (E, N): 469300, 3673300; 473600, 3666600; 473800, 3666600; coordinates (E, N): 481600, 3666800; 469300, 3673100; 469400, 3673099; 473800, 3666700; 473900, 3666800; 481700, 3666800; 481900, 3666700; 469400, 3672800; 469100, 3672900; returning to 473900, 3666900. 482100, 3666700; 482100, 3666800; 469000, 3672900; 469000, 3673000; (ii) Subunit 7b: Rancho Carrillo; land 482300, 3666800; 482300, 3666400; 468900, 3673000; 468900, 3673300; bounded by the following UTM 482200, 3666400; 482000, 3666300; returning to 469300, 3673300. coordinates (E,N): 478300, 3665200; 481900, 3666300; 481900, 3666200; (ii) Subunit 6b: Mesa Drive; land 478400, 3665200; 478400, 3664500; 482000, 3665900; 481900, 3665900; bounded by the following UTM 478300, 3664500; 478300, 3664600; 481900, 3665800; 481700, 3665800; coordinates (E, N): 469000, 3674300; 478100, 3664600; 478100, 3664800; 481700, 3665900; 481600, 3666100; 468900, 3674300; 468900, 3674500; 478200, 3664800; 478200, 3665000; 481400, 3666100; 481400, 3666300; 469000, 3674500 returning to 469000, 478300, 3665000; returning to 478300, 3674300. 3665200. 481700, 3666300; 481700, 3666200; (iii) Subunit 6c: Oceanside East/ (14) Map Unit 8: San Marcos, San 481800, 3666200; 481800, 3666400; Mission Avenud; land bounded by the Diego County, California, from USGS 481500, 3666400; 481500, 3666600; following UTM coordinates (E, N): 1:24,000 quadrangle maps San Marcos 481600, 3666600; returning to 481600, 471400, 3676300; 471500, 3676300; and Rancho Santa Fe, California. 3666800. 471500, 3676200; 471600, 3676200; (i) Subunit 8a: Rancho Santa Fe Road (v) Subunit 8e: Linda Vista; land 471600, 3676100; 471600, 3676000; North; land bounded by the following bounded by the following UTM 471600, 3675900; 471600, 3675800; UTM coordinates (E, N): 478700, coordinates (E, N): 483000, 3666500; 471500, 3675800; 471500, 3675700; 3665300; 478700, 3665200; 478800, 483100, 3666500; 483100, 3666400; 471400, 3675700; 471300, 3675700; 3665200; 478800, 3665000; 478700, 483000, 3666400; 483000, 3666300; 471200, 3675700; 471200, 3675800; 3665000; 478700, 3664700; 478800, 482800, 3666300; 482800, 3666600; 471100, 3675800; 471100, 3675900; 3664700; 478800, 3664500; 478900, 482900, 3666600; 482900, 3666700; 471100, 3676000; 471100, 3676100; 3664500; 478900, 3664100; 478700, 483000, 3666700; returning to 483000, 471100, 3676200; 471200, 3676200; 3664100; 478700, 3664000; 478600, 3666500. 3664000; 478600, 3664300; 478500, 471200, 3676300; 471300, 3676300; (15) (i) Map Unit 9: Double LL Ranch; 3664300; 478500, 3665300; returning to returning to 471400, 3676300. San Diego County, California. From (iv) Subunit 6d: Taylor/Darwin; land 478700, 3665300. USGS 1:24,000 quadrangle map Rancho bounded by the following UTM (ii) Subunit 8b: Rancho Santalina/ Santa Fe, California, land bounded by coordinates (E, N): 475100, 3677200; Loma Alta; land bounded by the the following UTM coordinates (E, N): 475100, 3677000; 475400, 3676900; following UTM coordinates (E, N): 479700, 3658600; 479700, 3658200; 475300, 3676700; 475300, 3676600; 482000, 3668900; 482200, 3668900; 479800, 3658200; 479800, 3657900; 475100, 3676500; 474900, 3676500; 482200, 3668300; 482400, 3668100; 479500, 3657900; 479500, 3658000; 474800, 3676300; 474700, 3676300; 482400, 3668000; 482100, 3668300; 479600, 3658000; 479600, 3658100; 474700, 3676600; 474800, 3676700; 482100, 3668700; 482000, 3668500; 479400, 3658100; 479400, 3658400; 474800, 3677000; 474900, 3677100; 482000, 3668300; 481900, 3668200; 479300, 3658400; 479300, 3658600; returning to 475100, 3677200. 482000, 3668100; 482200, 3667900; returning to 479700, 3658600. (13) Map Unit 7: San Diego County, 482200, 3667800; 482100, 3667800; California, from USGS 1:24,000 481900, 3668000; 481700, 3668400; (ii) Map of proposed critical habitat quadrangle maps San Luis Rey, Rancho 481700, 3668600; returning to 482000, units 6a-d, 7a-b, 8a-e and 9 for Brodiaea Santa Fe, and San Marcos, California. 3668900. filifolia (Thread-leaved brodiaea), San (i) Subunit 7a: Fox-Miller; land (iii) Subunit 8c: Grand Avenue; land Diego County, follows: bounded by the following UTM bounded by the following UTM BILLING CODE 4310–55–P

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(16) (i) Map Unit 10: Highland Valley, 505600, 3655000; 505600, 3654600; 505100, 3655000; 505100, 3655100; San Diego County, California. From 505500, 3654600; 505500, 3654500; returning to 505500, 3655100. USGS 1:24,000 quadrangle map San 505200, 3654500; 505200, 3654600; (ii) Map of proposed critical habitat Pasqual, California, land bounded by 505100, 3654600; 505100, 3654700; unit 10 for Brodiaea filifolia (Thread- the following UTM coordinates (E, N): 505000, 3654700; 505000, 3655000; leaved brodiaea), San Diego County, 505500, 3655100; 505500, 3655000; follows:

BILLING CODE 4310–55–C

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* * * * * Dated: November 30, 2004. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 04–26687 Filed 12–7–04; 8:45 am] BILLING CODE 4310–55–P

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