Vol. 76 Thursday, No. 111 June 9, 2011

Part III

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Endangered Status, Revised Critical Habitat Designation, and Taxonomic Revision for Monardella linoides ssp. viminea; Proposed Rule

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DEPARTMENT OF THE INTERIOR DATES: We will accept comments M. viminea, and on our proposals that received or postmarked on or before M. viminea should remain listed as Fish and Wildlife Service August 8, 2011. We must receive endangered and that M. stoneana does requests for public hearings, in writing, not warrant listing under the Act (16 50 CFR Part 17 at the address shown in the ADDRESSES U.S.C. 1531 et seq.). section by July 25, 2011. (2) Any available information on [Docket No. FWS–R8–ES–2010–0076] ADDRESSES: You may submit comments known or suspected threats and by one of the following methods: proposed or ongoing development RIN 1018–AX18 (1) Electronically: Go to the Federal projects with the potential to threaten eRulemaking Portal: http:// either Monardella viminea or M. Endangered and Threatened Wildlife www.regulations.gov. In the Keyword stoneana. and Plants; Revised Endangered box, enter Docket No. FWS–R8–ES– (3) The effects of potential threat Status, Revised Critical Habitat 2010–0076, which is the docket number factors to both Monardella viminea and Designation, and Taxonomic Revision for this rulemaking. Then, in the Search M. stoneana that are the basis for a for Monardella linoides ssp. panel on the left side of the screen, listing determination under section 4(a) viminea under the Document Type heading, of the Act, which are: (a) The present or threatened AGENCY: Fish and Wildlife Service, click on the Proposed Rules link to Interior. locate this document. You may submit destruction, modification, or curtailment of the species’ habitat or ACTION: Proposed rule. a comment by clicking on ‘‘Send a Comment or Submission.’’ range; SUMMARY: We, the U.S. Fish and (2) By hard copy: Submit by U.S. mail (b) Overutilization for commercial, Wildlife Service (Service), propose to or hand-delivery to: Public Comments recreational, scientific, or educational recognize the recent change to the Processing, Attn: FWS–R8–ES–2010– purposes; (c) Disease or predation; taxonomy of the currently endangered 0076; Division of Policy and Directives (d) The inadequacy of existing plant taxon, Monardella linoides ssp. Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS regulatory mechanisms; or viminea, in which the subspecies was (e) Other natural or manmade factors split into two distinct full species, 2042–PDM; Arlington, VA 22203. We will not accept e-mail or faxes. We affecting its continued existence. Monardella viminea (willowy (4) Specific information regarding monardella) and Monardella stoneana will post all comments on http:// www.regulations.gov. This generally impacts of fire on Monardella viminea (Jennifer’s monardella). Because the or M. stoneana individuals or their original subspecies, Monardella linoides means that we will post any personal information you provide us (see the habitat. ssp. viminea, was listed as endangered (5) The reasons why we should or Public Comments section below for under the Endangered Species Act of should not designate habitat as ‘‘critical more information). 1973, as amended (Act), we are habitat’’ under section 4 of the Act for reviewing and updating the threats FOR FURTHER INFORMATION CONTACT: Jim Monardella viminea including whether analysis that we completed for the taxon Bartel, Field Supervisor, U.S. Fish and there are threats to the species from in 1998, when it was listed as a Wildlife Service, Carlsbad Fish and human activity, the degree of which can subspecies, to determine if any of that Wildlife Office, 6010 Hidden Valley be expected to increase due to the analysis has changed based on this Road, Suite 101, Carlsbad, CA 92011; designation, and whether that increase revised taxonomy. We are also telephone 760–431–9440; facsimile in threats outweighs the benefit of reviewing the status of the new species, 760–431–5901. If you use a designation such that the designation of Monardella stoneana. We propose that telecommunications device for the deaf critical habitat may not be prudent. Monardella viminea’s current listing (TDD), call the Federal Information (6) Specific information on: status should be retained as endangered, Relay Service (FIRS) at 800–877–8339. (a) The amount and distribution of and we propose to delist the portion of SUPPLEMENTARY INFORMATION: Monardella viminea or M. stoneana the old listed taxon that has been split Public Comments habitat, off into the new species, Monardella (b) What areas, that were occupied at stoneana, because it does not meet the We intend any final action resulting the time of listing (or are currently definition of endangered or threatened from this proposed rule will be based on occupied) and that contain features under the Act. We also propose to the best scientific and commercial data essential to the conservation of these designate critical habitat for Monardella available and be as accurate and as species, should be included in the viminea (willowy monardella). effective as possible. Therefore, we designation and why, Approximately 348 acres (141 hectares) request comments or information from (c) Special management are proposed for designation as critical other concerned government agencies, considerations or protection that may be habitat for M. viminea, in San Diego the scientific community, industry, or needed in critical habitat areas we are County, California. We are not any other interested party concerning proposing, including managing for the proposing to designate critical habitat this proposed rule. Please note that potential effects of climate change, and for Monardella stoneana at this time throughout the remainder of this (d) What areas not occupied at the because we do not believe this species document we will use the currently time of listing are essential for the warrants listing under the Act. recognized names, Monardella viminea, conservation of the species and why. However, should we determine, after for references to willowy monardella, (7) Information that may assist us in review of the best available scientific and Monardella stoneana, for references identifying or clarifying the physical information and public comment, that to Jennifer’s monardella. We and biological features essential to the Monardella stoneana does warrant particularly seek comments concerning: conservation of Monardella viminea. listing, we will propose critical habitat (1) Specific information regarding our (8) How the proposed critical habitat for Monardella stoneana, should it be recognition of Monardella viminea and boundaries could be refined to more determined to be prudent, in a separate M. stoneana at the species rank, on the closely or accurately circumscribe the proposed rule. segregation of ranges of M. stoneana and areas identified as containing the

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physical and biological features listed in the ADDRESSES section. We will the Federal Register on November 8, essential to the conservation of not accept comments sent by e-mail or 2006 (71 FR 65662). Monardella viminea. fax or to an address not listed in the Previous Federal Action (9) How we could improve or modify ADDRESSES section. We will post your our design of critical habitat units, entire comment—including your Monardella linoides ssp. viminea was particularly our criteria for width of personal identifying information—on listed as endangered in 1998 (63 FR essential habitat for Monardella http://www.regulations.gov. You may 54938; October 13, 1998). An account of viminea. We especially request request at the top of your document that Federal actions prior to listing may be information on West Sycamore Canyon we withhold personal information such found in the listing rule (63 FR 54938; and Unit 2 (where two groups of M. as your street address, phone number, or October 13, 1998). On November 9, viminea were not included under the e-mail address from public review; 2005, we published a proposed rule to criteria used to draw proposed critical however, we cannot guarantee that we designate critical habitat for M. linoides habitat boundaries) and areas such as will be able to do so. ssp. viminea (70 FR 67956). On Elanus, Lopez, and Rose Canyons that Comments and materials we receive, November 8, 2006 (71 FR 65662), we published our final rule designating we have identified as not meeting the as well as supporting documentation we critical habitat for M. linoides ssp. definition of critical habitat. used in preparing the proposed rule, viminea. On January 14, 2009, the (10) Information on pollinators of will be available for public inspection Center for Biological Diversity filed a Monardella viminea or M. stoneana that on http://www.regulations.gov (under complaint in the U.S. District Court for may be essential for the conservation of Docket Number FWS–R8–ES–2010– the Southern District of California these species, including information on 0076), or by appointment, during challenging our designation of critical areas that provide habitat for these normal business hours, at the U.S. Fish habitat for M. linoides ssp. viminea pollinators. and Wildlife Service, Carlsbad Fish and (11) Land use designations and (Center for Biological Diversity v. United Wildlife Office (see FOR FURTHER current or planned activities in the States Fish and Wildlife Service and INFORMATION CONTACT). subject areas and their possible impacts Dirk Kempthorne, Secretary of the on proposed critical habitat. Public Hearing Interior, Case No. 3:09–CV–0050– (12) Information on the projected and MMA–AJB). A settlement agreement reasonably likely impacts of climate The Act provides for one or more was reached with the plaintiffs dated change on the two species and the public hearings on this proposal, if November 14, 2009, in which we agreed proposed critical habitat. requested. Requests must be received by to submit a proposed revised critical (13) Information on any quantifiable the date listed in the DATES section. habitat designation to the Federal economic costs or benefits of the Such requests must be made in writing Register for publication by February 18, proposed designation of critical habitat. and be addressed to the Field 2011, and a final revised critical habitat (14) Any probable economic, national Supervisor at the address provided in designation to the Federal Register for security, or other relevant impacts of the FOR FURTHER INFORMATION CONTACT publication by February 17, 2012. By designating any area that may be section. We will schedule public order dated February 10, 2011, the included in the final designation; in hearings on this proposal, if any are district court approved a modification to particular, any impacts on small entities requested, and announce the dates, the settlement agreement that extended or families, and the benefits of including times, and places of those hearings, as the deadline for Federal Register or excluding areas that exhibit these well as how to obtain reasonable submission to June 18, 2011, for the impacts. accommodations, in the Federal proposed revised critical habitat (15) Whether any specific areas we are Register and local newspapers at least designation. The deadline for proposing for critical habitat 15 days before the hearing. submission of a final revised critical designation for Monardella viminea Background habitat designation to the Federal should be considered for exclusion Register remains February 17, 2012. under section 4(b)(2) of the Act, and It is our intent to discuss only those Taxonomic and Nomenclatural Changes whether the benefits of potentially topics directly relevant to our Affecting Monardella linoides ssp. excluding any specific area outweigh recognition of the taxonomic split of viminea the benefits of including that area under Monardella linoides ssp. viminea into section 4(b)(2) of the Act, in particular two distinct taxa: Monardella viminea In 2001, Kelly and Burrascano (2001, for those lands covered by the County (willowy monardella) and Monardella p. 4) noted that ‘‘multiple biologists’’ had of San Diego Subarea Plan or the City stoneana (Jennifer’s monardella); the observed differences in the of San Diego Subarea Plan under the retention of M. viminea as endangered; southernmost occurrences of Multiple Species Conservation Program the proposed critical habitat for M. Monardella linoides ssp. viminea. Kelly (MSCP). Information on obtaining viminea; and our conclusion that M. and Burrascano (2001, p. 4) also stated copies of these plans will be provided stoneana is not endangered or that Andrew Sanders of the University by the U.S. Fish and Wildlife Service, threatened. This proposed rule of California at Riverside believed the Carlsbad Fish and Wildlife Office (see incorporates new information specific to plants were a separate species. Elvin FOR FURTHER INFORMATION CONTACT). M. viminea and M. stoneana including and Sanders (2003, pp. 425–432) (16) Whether we could improve or species descriptions, distributions, subsequently segregated the southern modify our approach to designating taxonomic rank, and nomenclature. We occurrences of willowy monardella as a critical habitat in any way to provide for also provide information on current distinct taxon and recognized it at the greater public participation and threats to the two species, potential species rank as M. stoneana (see Figure understanding, or to better pollinators, and additional information 1). Elvin and Sanders (2003, p. 430) also accommodate public concerns and on soil not included in our listing rule returned willowy monardella to its comments. for Monardella linoides ssp. viminea original specific rank as M. viminea. You may submit your comments and published in the Federal Register on The Service initially disagreed with the materials concerning this proposed October 13, 1998 (63 FR 54938), and our segregation and classification of M. revised rule by one of the methods critical habitat designation published in stoneana due to lack of sufficient

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supportive evidence presented by Elvin the authors (Brunell et al., in press), the comm.), two additional occurrences and Sanders (Bartel and Wallace 2004, two species can be morphologically have since been extirpated, again in the pp. 1–3), a view continued in our 5-year differentiated based on slight range of M. viminea. Additionally, as a review (Service 2008, pp. 6–7). differences in leaf width, bract length result of taxonomic changes, the two Further genetic investigation of and width, and flower cluster width. southernmost occurrences were Monardella has recently been conducted Reportedly, M. viminea and M. stoneana reclassified as M. stoneana after the using ISSR (Inter-Simple Sequence will be similarly treated as separate 2008 5-year review (see Table 1). Repeats). ISSR is a general term for a species in the future treatment of the Therefore, we believe there are now genome region between microsatellite genus for the Flora of North America only seven occurrences of M. viminea, loci that can be used for DNA project (G. Wallace, Service 2010, pers. and these seven were extant at the time fingerprinting and delimiting species. obs.). As a result of the new data and of listing. We are not aware of any new ISSR analysis can have multiple supportive references noted above, we occurrences of M. viminea, other than application uses, including taxonomic propose to recognize the change in the those planted in 2007 as a conservation studies of closely related species (Prince taxonomic rank and nomenclature of the measure to offset impacts associated 2010, pers. comm.). Using ISSRs, Prince listed entity as two distinct species, M. with the development of the Carroll (2009, pp. 22–31) performed an viminea and M. stoneana. We have Canyon Business Park. More extensive survey of Monardella taxa and included those proposed changes in the information on the four translocated found that M. stoneana and M. viminea Proposed Regulation Promulgation were both more closely related to section of this rule, and we expect to occurrences is discussed in the different subspecies of M. linoides than adopt them when we publish a final Geographic Range and Status section to each other. These data are supportive determination for this action. below. In addition to two occurrences of the earlier recognition by the When we listed Monardella linoides now considered to be M. stoneana (but California Department of Fish and Game ssp. viminea, we considered 20 considered at listing to be M. linoides (CDFG), California Natural Diversity occurrences to be extant in the United ssp. viminea), we now know of an Database (CNDDB), and the California States (see Table 1) (63 FR 54938; additional 7 occurrences of M. stoneana, Native Plant Society (CNPS) of M. October 13, 1998). As of 2008, 9 all in what was once the southern range viminea and M. stoneana as two occurrences were considered to be of M. linoides ssp. viminea (Figure 1). separate taxa. Moreover, M. viminea and extirpated, leaving 11 extant We presume those occurrences were M. stoneana are treated as full species occurrences (Service 2008, p. 5). All 9 extant at the time M. linoides ssp. in the recently available online extirpated occurrences were in central viminea was listed. The single plant in unpublished treatment of Monardella San Diego County, in the range of what the M. stoneana occurrence at Otay (Brunell et al., in press) that will be is now considered to be M. viminea. Lakes (M. stoneana EO 4, former M. published in the forthcoming revision of Based on updated information from viminea EO 28) was extirpated by the the Jepson Manual, the standard guide Marine Corps Air Station (MCAS) 2007 Harris fire. Therefore, we consider to the flora of California. According to Miramar (Kassebaum 2010, pers. eight extant occurrences of M. stoneana.

TABLE 1—A DESCRIPTION OF WHEN OCCURRENCES WERE FIRST RECOGNIZED BY THE SERVICE, WHEN THEY WERE FIRST CONSIDERED EXTIRPATED, AND WHICH OCCURRENCES THE SERVICE CURRENTLY CONSIDERS EXTANT

CNDDB ele- ment occur- Known and Extant at 2008 Currently Location rence number extant at list- 5-yr review extant (EO) ing

Monardella viminea: Lopez Canyon ...... 1 x x x Cemetery Canyon ...... 3 x ...... Carroll Canyon ...... 4 x ...... Sycamore Canyon ...... 8 x x x San Clemente Canyon ...... 11 x ...... San Clemente Canyon ...... 12, 18, 19 x ...... San Clemente Canyon ...... 13 x ...... Murphy Canyon ...... 14 x ...... Murphy Canyon ...... 15 x x ...... San Clemente Canyon ...... 16 x ...... San Clemente Canyon ...... 17 x ...... West Sycamore Canyon ...... 21 x x x Elanus Canyon ...... 24 x x x Carroll Canyon ...... 25 x ...... Spring Canyon ...... 26 x x x San Clemente Canyon ...... 27 x x x Otay Lakes ...... 28 x x Now considered M. stoneana EO4 Sycamore Canyon ...... 29 x x x Miramar NAS ...... 31 x x ...... Marron Valley ...... none x x Now considered M. stoneana EO1 Monardella stoneana: Marron Valley ...... 1 x x x N.W. Otay Mountain ...... 2 ...... x x

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TABLE 1—A DESCRIPTION OF WHEN OCCURRENCES WERE FIRST RECOGNIZED BY THE SERVICE, WHEN THEY WERE FIRST CONSIDERED EXTIRPATED, AND WHICH OCCURRENCES THE SERVICE CURRENTLY CONSIDERS EXTANT—Continued

CNDDB ele- ment occur- Known and Extant at 2008 Currently Location rence number extant at list- 5-yr review extant (EO) ing

N.W. Otay Mountain ...... 3 ...... x x Otay Lakes ...... 4 x x x Buschalaugh Cove ...... 5 ...... x ...... Cottonwood Creek ...... 6 ...... x x Copper Canyon ...... 7 ...... x x S. of Otay Mountain ...... 8 ...... x x Tecate Peak ...... 9 ...... x x Sources: CNDDB 1998, 2007, 2010a, 2010b; Service 2008, Kassebaum 2010.

Throughout this document, we refer Monardella viminea and M. stoneana as low herbaceous cover and some shrub to previous reports and documents, separate taxa at the species rank. This cover (Scheid 1985, p. 38). It is most including Federal Register publications. necessitates a review of the listing status commonly found in canyon bottoms, When evaluating information contained of the remaining M. viminea north-facing slopes, and along bends of in documents issued prior to the present occurrences and an assessment of the meandering drainages (Elvin and document, the reader must bear in mind potential listing status of the newly Sanders 2003, p. 426; Rebman and that information may reference segregated M. stoneana. Dossey 2006a, p. 5). Many of these areas maintain water longer than other Monardella viminea as M. linoides ssp. Species Description viminea and may include statements or portions of the drainage, although they data referring to plants or populations Monardella viminea is a perennial do not have long-term standing water now known as M. stoneana. herb or subshrub in the Lamiaceae (mint (Elvin and Sanders 2003, p. 426). At Only information relevant to actions family) with a woody base and aromatic Marine Corps Air Station (MCAS) described in this proposed rule is foliage. The waxy, green, hairy stems Miramar, M. viminea is absent from provided below. For additional bear conspicuously gland-dotted linear steeper portions of the canyons and information on Monardella viminea, or lance-shaped leaves, and dense, prevalent in secondary stream channels, including a detailed description of its terminal clusters of white to rose- which suggests M. viminea presence is life history and habitat, refer to the final colored flowers. The leaves are 0.1–0.2 correlated with reaches where flow is listing rule published in the Federal inch (in) (2–4 millimeters (mm)) wide at relatively slow-moving or standing Register on October 13, 1998 (63 FR the base. The middle flower bracts are water is present (Rebman and Dossey 54938), the final rule designating critical 0.4–0.6 in (10–15 mm) long (Elvin and 2006a, pp. 5–8). habitat published in the Federal Sanders 2003, p. 431). Monardella Monardella viminea is found on soils Register on November 8, 2006 (71 FR viminea grows in clumps of 1 to 4 characterized by a high content of 65662), and the 5-year review individual plants (Ince and Krantz 2008, coarse sandy grains and sediments and completed in March 2008 (Service p. 2). As the number of plants within a cobble deposits (Scheid 1985, p. 35). 2008). Actions described below include clump cannot be reliably distinguished The larger sandy particles that make up status reviews of M. viminea and M. without exposing the roots, M. viminea M. viminea habitat soils are transported stoneana, and a proposed revision of the is usually counted by clumps rather downstream by flood events (Scheid critical habitat designation for M. than as individual plants. Please see the 1985, p. 36). Soil series that support M. viminea. Discussion of the Four Species section viminea include Stony Land, Redding of the listing rule (63 FR 54938; October Gravelly Loam, Visalia Sandy Loam, Status Review—Monardella viminea 13, 1998) and the Life History section of and Riverwash (Scheid 1985, p. 35; History of the Action the 2005 proposed critical habitat rule Rebman and Dossey 2006a, pp. 5–6). (70 FR 67956; November 9, 2005) for The 5-year review (Service 2008, p. Federal actions taken prior to listing more information on this species 13) concluded that Monardella viminea are described in the listing rule description. requires a natural or managed regime of published in the Federal Register on periodic, small fires. The coastal sage Habitat October 13, 1998 (63 FR 54938). On habitat that M. viminea favors benefits November 9, 2005, we published a Monardella viminea occurs in coastal from small or managed fires that clear proposed rule to designate critical sage scrub and riparian scrub in sandy out dead or encroaching scrub habitat for Monardella linoides ssp. bottoms and on banks of ephemeral vegetation and reduce nonnative species viminea (70 FR 67956). On November 8, washes in canyons where surface water (Minnich 1983, p. 1290). However, there 2006 (71 FR 65662), we published our flows for usually less than 48 hours after are two ways in which fire can final rule designating critical habitat for a rain event (Scheid 1985, p. 3; Elvin negatively impact M. viminea habitat: M. linoides ssp. viminea. and Sanders 2003, p. 430; Kelly and (1) increased frequency of fires of all As described in the Taxonomic and Burrascano 2006, p. 51). These semi- sizes, which can result in type Nomenclatural Changes Affecting open washes and drainage areas conversion; or (2) invasion of nonnative Monardella linoides ssp. viminea typically have little to no canopy cover grasses into riparian or coastal sage section, genetic investigations (Reiser 1994, p. 139). The species is scrub habitats, which can choke out conducted since the listing in 1998 and commonly found with Eriogonum native vegetation, including shrubs completed after our 2008 5-year review fasciculatum (California buckwheat) associated with M. viminea. have provided the needed additional and Baccharis sarothroides (broom Additionally, large or unmanaged fires support for the recognition of baccharis) in habitats characterized by (sometimes referred to as ‘‘megafires’’)

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can be a particular threat to a narrow reported that the peak flowering period restricted to three watersheds north of endemic species like M. viminea at MCAS Miramar is early June to mid- Kearny Mesa in San Diego County, because a single megafire could July, with occasional flowering from California (Elvin and Sanders 2003, p. eliminate a large proportion of May through August and, more rarely, 431). The occurrences now considered individual plants within the extant into September. to be M. viminea are entirely in the range of the species, although M. No pollination studies are known to northern range of the originally listed viminea is capable of resprouting after exist for Monardella viminea; however, entity M. linoides ssp. viminea (Figure fire (Rebman and Dossey 2006b, p. 2). other Monardella taxa are visited by 1). The portions of the watersheds butterfly and bee species (Elvin 2004, p. Additional information is needed where M. viminea occurs are found on 2). Bees collected from the closely regarding the role of fire in M. viminea lands owned by the Department of related M. linoides include wasp-like habitat, particularly within riparian Defense at MCAS Miramar, and lands portions of canyons. Please see our bees (Hylaeus sp.), mason bees (Osmia spp. or Chalicodoma spp.), and miner owned by the City of San Diego, lands request for information in the Public owned by the County of San Diego, and Comments section above. For more bees (Anthophora spp.) (Hurd 1979, pp. lands under private ownership. In this information on and discussion of the 1762, 1765, 2042, 2073, and 2164). proposed critical habitat we use the species’ description and its habitat see Several observers report European ‘‘ ’’ the Discussion of the Four Species honeybees (Apis mellifera) and word occurrence when describing the section of the listing rule (63 FR 54938; bumblebees (Bombus spp.) as frequent location of plants (e.g., in a critical October 13, 1998) and the Distribution visitors to M. viminea flowers (Kelly habitat unit). In this context, we are and Status section of the proposed and Burrascano 2001, p. 7; Kelly and referring to point locations or polygons critical habitat rule (70 FR 67956; Burrascano 2006, pp. 7–8; Rebman and representing observations of one or November 9, 2005). However, we ask Dossey 2006a, pp. 10–11). Wasps and more M. viminea individuals. This may the reader to keep in mind that plants bees from the Bembicine and Andrenid include one or more of the ‘‘element now treated as M. stoneana and their families were collected from M. viminea occurrences’’ (EOs) as described by habitat were included in the discussion plants on MCAS Miramar (Kelly and CDFG in the CNDDB. Proposed critical at the time those documents were Burrascano 2001, p. 8). Butterflies habitat for M. viminea recognizes the published. known to visit M. viminea flowers importance of ecosystem processes that include painted ladies (Vanessa cardui) create and maintain suitable habitat for Life History (Rebman and Dossey 2006a, p. 11), gray this species. Consequently, in the hairstreaks (Strymon melinus), and Critical Habitat sections of this Very little is known about the funereal duskywing skippers (Erynnis document, our critical habitat units germination and establishment of funeralis) (University of California, Monardella viminea. Mature plants Berkeley, CalPhotos database 2009). follow linear drainages that may include flower readily, with inflorescences Successful sexual reproduction of one or more of the ‘‘element (flower heads) persisting for 10 to 12 flowering plants often depends on occurrences’’ described by CNDDB. weeks (Elvin and Sanders 2003, pp. pollinator abundance and effectiveness Because of the potentially transient 430–431). Plants are short-lived (Javorek et al. 2002, p. 350). Therefore, nature of suitable habitat for this perennials, producing a new cohort of adequate numbers of pollinators and species, any reach along these drainages aerial stems each year from a persisting sufficient pollinator movement through may be occupied at a given time. In all perennial root structure. Plants of this the habitat should be considered when other respects in this document, species are not known to be assessing likely population distributions ‘‘element occurrence’’ or ‘‘occurrence’’ rhizomatous (connected by creeping and survival, and habitat needs of M. references are those from the cumulative underground stems); however, root viminea. data of the CNDDB (2010a, EOs 1–31). masses may become detached over time, resulting in adjacent genetically Geographic Range and Status Figure 1. Range of Monardella identical but spatially separate plants. Monardella viminea is a viminea and M. stoneana. Rebman and Dossey (2006a, p. 10) geographically narrow endemic species BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C 3,379 individual plants to 1,809 Transplants As of 2008, all eleven known individual plants (Tierra Data 2011, p. occurrences of Monardella viminea 12). In the past 2 years, multiple clumps In addition to the seven currently were considered declining in size (this of M. viminea that burned in the 2003 remaining natural occurrences, in 2007, total includes two occurrences known to Cedar Fire have resprouted (Kassebaum Monardella viminea was transplanted to be extirpated by 2010 and two 2010, pers. comm.). The most recent four sites within the historical range of occurrences now considered M. survey of MCAS Miramar, conducted in the species as a conservation measure to stoneana), as are four additional 2009, found juveniles or seedlings offset impacts associated with transplanted occurrences (see present in all canyons except for Elanus development of the Carroll Canyon Transplants below) (Ince and Krantz (Tierra Data 2011, pp. 17–18). Prior to Business Park. Three of the transplanted 2008, p. 9; Service 2008 p. 5). On MCAS this survey, juveniles were only sites were in Carroll Canyon and the Miramar, the species has declined by 45 confirmed present in West Sycamore fourth in San Clemente Canyon (Ince percent since the 2002 surveys, from Canyon (Kassebaum 2010, pers. comm.). 2010, p. 3). Most of the M. viminea

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transplants have experienced low maintain and enhance biological While we may not be fully aware of all survival rates, generally less than 20 diversity in the San Diego region, and to potential gravel mining activities on percent, although one Carroll Canyon conserve viable populations of private lands, few M. viminea transplanted occurrence was reported to endangered, threatened, and key occurrences are on private land. have a 44 percent survival rate (Service sensitive species and their habitats Therefore, we do not consider sand and 2003, p. 25; Ince 2010, p. 8). (including M. viminea). The MSCP plan gravel mining to currently be a threat to designates lands to be set aside for M. viminea, nor a threat in the Summary of Factors Affecting biological preserves. However, 20 foreseeable future. Monardella viminea percent of habitat for M. viminea occurs Altered Hydrology Section 4 of the Act and its on privately owned land outside of the implementing regulations (50 CFR 424) reserve areas. This habitat includes M. The original listing rule identified set forth the criteria for determining viminea occurrences in Sycamore and altered hydrology as a threat to whether a species is endangered or Spring Canyons (portions of EOs 8 and Monardella linoides ssp. viminea, threatened under the Act. A species may 26), and a transplanted occurrence particularly to portions of the habitat be determined to be an endangered or where plants were removed for now considered to be in the range of M. threatened species due to one or more construction of the Carroll Canyon viminea (63 FR 54938; October 13, of the five factors described in section Business Park (Ince and Krantz 2008, p. 1998). Monardella viminea requires a 4(a)(1) of the Act: (A) The present or 1). Any sites outside of the MSCP natural hydrological system to maintain threatened destruction, modification or reserve areas are vulnerable to the secondary benches and streambeds curtailment of its habitat or range; (B) development; portions of Sycamore on which it grows (Scheid 1985, pp. 30– overutilization for commercial, Canyon where M. viminea occurs were 31, 34–35). Upstream development can recreational, scientific, or educational previously slated for development disrupt this regime, increasing storm purposes; (C) disease or predation; (D) (Service 2003, pp. 1–23), though the runoff which can in turn erode the the inadequacy of existing regulatory project has been put on hold due to sandy banks and secondary benches mechanisms; and (E) other natural or bankruptcy issues, and no development upon which M. viminea grows. Floods manmade factors affecting its continued is scheduled (San Diego Business also have the potential to wash away existence. Listing actions may be Journal 2011, pp. 1–3). plants much larger than M. viminea, as warranted based on any of the above However, the occurrences discussed has occurred in Lopez Canyon during threat factors, singly or in combination. above represent only a small proportion heavy runoff following winter storms Each of these factors for Monardella of habitat that contains clumps of (Kelly and Burrascano 2001, pp. 2–3). viminea is discussed below. Monardella viminea. Seventy percent of This flood severely impacted the M. land where M. viminea occurs is owned viminea occurrences in Lopez Canyon A. The Present or Threatened and managed by MCAS Miramar, and (Kelly and Burrascano 2006, pp. 65–69). Destruction, Modification, or all remaining large occurrences (with Additionally, areas where altered Curtailment of Its Habitat or Range more than 100 clumps of M. viminea) hydrology caused decreased flows may Urbanization/Development are found on MCAS Miramar. All experience an increase in invasion by canyon areas on the base are protected nonnative species into creek beds, The original listing rule identified from development. Therefore, although which can smother seedling and mature urban and residential development as a urbanization does threaten some plants, and prevent natural growth of M. threat to Monardella linoides ssp. occurrences of M. viminea, the threat to viminea (Rebman and Dossey 2006a, p. viminea (63 FR 54938; October 13, the species’ habitat is not significant 12). 1998). Prior to 1992, San Diego had across the range of the species, now or Changes in local and regional grown by ‘‘a factor of 10 over the last 50 in the foreseeable future. hydrology have had detrimental effects years’’ (Soule et al. 1992, p. 39). At the on Monardella viminea. Increases in time of listing, two large occurrences Sand and Gravel Mining surface and subsurface soil moisture were located on private property and Sand and gravel mining has broad- (via direct effects to the water table development proposals existed for one scale disruptive qualities to native associated with watershed urbanization) of these two parcels. Since listing, one ecosystems (Kondolf et al. 2002, p. 56). and changing streams from ephemeral to of those two occurrences has been Sand and gravel mining was identified perennial adversely affect native plants extirpated due to construction activities: at the time of listing as adversely adapted to a drier Mediterranean EO 25 from the Carroll Canyon Business affecting Monardella linoides ssp. climate (cool moist winters and hot dry Park (CNDDB 2010a). Additionally, EO viminea (63 FR 54938; October 13, summers), such as M. viminea. 14 in Murphy Canyon was believed 1998). The larger of two occurrences Watershed urbanization alters the extirpated after listing due to lingering (340 individuals) found on private land riparian vegetation community through impacts from construction activity near at the time of listing was identified as changes in median and minimum daily Highway 15 (CNDDB 2010a). Two being threatened by sand and gravel discharges, dry season run-off, and flood occurrences at MCAS Miramar have mining, which was a threat that had the magnitudes, specifically for Los been partially destroyed by road potential to eliminate or disrupt these Pen˜ asquitos Creek and other locations construction since the time of listing. local populations through changes in (White and Greer 2006, pp. 133–136). The Cities of San Diego and Santee hydrology and elimination of individual Nonnative species incursion has been have purchased private property as plants. Since listing, all occurrences exacerbated by the changing water reserve land for Monardella viminea. vulnerable to mining impacts have since regime (underground hydrology), and Most occurrences are now found on been extirpated, either by altered M. viminea has been unable to adapt to land conserved or owned by MCAS drainage patterns or construction the increased soil moisture (Burrascano Miramar, the City of San Diego, and the unrelated to mining operations (CNDDB 2007, pers. comm.). County of San Diego. Lands owned by 2010, EOs 3 and 25). Currently, we are Since listing, three occurrences have the City and County of San Diego are not aware of any ongoing mining been extirpated due to altered covered by the MSCP, which is a habitat activities or any plans for future mining hydrological patterns: Cemetery conservation plan (HCP) intended to activities that would impact the species. Canyon, Carroll Canyon, and western

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San Clemente Canyon. All three of these conjunction with other effects of agreement is only two percent of all M. occurrences are on city-owned or urbanization, such as increased nitrogen viminea habitat. private land (CNDDB 2010a, EOs 3, 4, deposition and habitat disturbance due Therefore, given the conversion of 11). On MCAS Miramar, watersheds on to foot and vehicle traffic, are believed coastal sage scrub to nonnative grasses the undeveloped eastern half of the to have resulted in the conversion of and the changing fire regime of southern base, where most large occurrences of large areas of coastal sage scrub to California, we consider type conversion Monardella viminea are found, appear nonnative grasslands in southern and the habitat effects of altered fire to have retained their natural California (Service 2003, pp. 57–62; regime, particularly from increased hydrological regime (Rebman and Brooks et al. 2004, p. 677; Keeley et al. frequency of fire, to be a significant Dossey 2006, p. 37). The only canyon on 2005, p. 2109; Marschalek and Klein threat to M. viminea’s habitat both now MCAS Miramar with substantial 2010, p. 8). This type conversion and in the foreseeable future. development and a historic occurrence (conversion of one type of habitat to of M. viminea is Rose Canyon. This another) produces a positive feedback Summary of Factor A location has lost all but one individual mechanism resulting in more frequent Monardella viminea continues to be M. viminea (Rebman and Dossey 2006, fires and increasing nonnative plant threatened by habitat loss and p. 37). cover (Brooks et al. 2004, p. 677; Keeley degradation by altered hydrological Considering synergistic and et al. 2005, p. 2109). regimes that can result in uncontrollable cumulative effects of these combined However, threats to the habitat from flood events. Habitat of this species is hydrological threats, exacerbated by fire exclusion, which impacts processes also threatened by an unnatural fire heavy development surrounding several that historically created and maintained regime resulting from manmade canyons, we expect that altered suitable habitat for Monardella viminea, disturbance and activities, which in hydrology will continue to pose a may make it even more vulnerable to turn can cause invasion of the area by significant threat to habitats that extinction. The long-term ecological nonnative plants. Of the seven natural support Monardella viminea, effects of fire exclusion have not been and four transplanted occurrences, particularly outside the border of MCAS specifically detailed for M. viminea; those that are in areas where continued Miramar. We anticipate that this threat however, we believe the effects of fire, development is expected to occur may will continue into the foreseeable fire suppression, and fire management experience further alterations to future. in southern California habitats will be hydrology and fire regimes. These Fire and Type Conversion similar to that at locations in the threats to habitat are occurring now and The listing rule mentioned that fuel Rockies, Cascades, and Sierra Nevada are expected to continue into the modification to exclude fire could affect Mountains (Keane et al. 2002, pp. 15– foreseeable future. 16). Fire exclusion in southern Monardella linoides ssp. viminea (63 FR B. Overutilization for Commercial, 54938; October 13, 1998); the same is California habitat likely affects: (1) Nutrient recycling, (2) natural regulation Recreational, Scientific, or Educational true of the reclassified M. viminea and Purposes its habitat. Otherwise, fire was not of succession via selecting and considered a severe threat to the species regenerating plants, (3) biological To our knowledge, no commercial use at the time of listing. diversity, (4) biomass, (5) insect and exists for Monardella viminea. The Our understanding of fire in fire- disease populations, (6) interaction listing rule suggested that professional dependent habitat has changed since between plants and animals, and (7) and private botanical collecting could Monardella linoides ssp. viminea was biological and biogeochemical processes exacerbate the extirpation threat to the listed in 1998 (Dyer 2002, pp. 295–296). (i.e., soil property alteration) (after species due to botanists favoring rare or Fire is a natural component for Keane et al. 2002, p. 8). Where naturally declining species (63 FR 54938; October regeneration and maintenance of M. occurring fire is excluded, species that 13, 1998). However, we are not viminea habitat. The species’ habitat are adapted to fire (such as M. viminea) currently aware of any interest by needs concerning fire seem are often replaced by nonnative, botanists in collecting M. viminea. contradictory: A total lack of fire for invasive species that are better suited to Therefore, we do not believe that long periods is undesirable, because the the same areas in the absence of fire overutilization for commercial, fires that eventually will occur can be (Keane et al. 2002, p. 9). recreational, scientific, or educational catastrophic; yet re-introduction of fire Some fire management is provided by purposes constitutes a threat to this (either accidentally or purposefully) is CAL FIRE, which is an emergency species now or in the foreseeable future. response and resource protection also undesirable, because such fires C. Disease or Predation often become catastrophic as a result of department. CAL FIRE creates fire previous lack of fire (i.e., megafires). management plans to identify Neither disease nor predation was This conflicting situation has resulted prevention measures that reduce risk, known to be a threat affecting from a disruption of the natural fire inform and involve the local Monardella linoides ssp. viminea (63 FR regime. communities in the area, and provide a 54938; October 13, 1998) at the time of Fire frequency has increased in North framework to diminish potential listing. Volunteers have since noted American Mediterranean Shrublands in wildfire losses and implement all grazing impacts to occurrences of M. California since about the 1950s, and applicable fire management regulations viminea in Lopez Canyon (Kelly and studies indicate that southern California and policies (CAL FIRE 2011b; County Burrascano 2001, p. 5). However, this has demonstrated the greatest increase of San Diego 2011a). CAL FIRE has occurrence is the only documented in wildfire ignitions, primarily due to an signed a document to assist in location where grazing has occurred, increase in population density management of backcountry areas in and impacts were minimal. Therefore, beginning in the 1960s, and thus San Diego County, including Sycamore based on the best available scientific increasing the amount of human-caused Canyon Ranch and its Monardella and commercial information, neither fires (Keeley and Fotheringham 2003, p. viminea occurrence (DPR 2009, p. 14; disease nor herbivory constitute threats 240). Increased wildfire frequency and County of San Diego 2011, p. 1). to M. viminea now or in the foreseeable decreased return fire interval, in However, the land protected under this future.

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D. The Inadequacy of Existing avoided, and any irreversible or project to be carried out annually, Regulatory Mechanisms irretrievable commitments of resources following guidelines established in the At the time of listing, regulatory involved (40 CFR 1502). The NEPA National Invasive Species Management mechanisms that provided some itself is a disclosure law that provides Plan (Gene Stout and Associates 2006, protection for Monardella linoides ssp. an opportunity for the public to submit p. 7–7). This plan mandates control viminea that apply to Monardella comments on a particular project and measures for invasive species through a viminea included: (1) The Act in cases propose other conservation measures combination of measures including where M. viminea co-occurred with a that may directly benefit listed species; pesticides and mechanical removal Federally listed species; (2) the however, it does not impose substantive (National Invasive Species Council California Endangered Species Act environmental mitigation obligations on 2001, p. 37), thus providing a benefit by (CESA); (3) the California Federal agencies. Any such measures addressing type conversion that results Environmental Quality Act (CEQA); (4) are typically voluntary in nature and are following fires (see Factor A above). It implementation of conservation plans not required by the statute. Activities on also provides wildland fire pursuant to California’s Natural non-Federal lands are also subject to management, including creation of Community Conservation Planning Act; NEPA if there is a Federal nexus. fuelbreaks, a prescribed burning plan, (5) land acquisition and management by Sikes Act and research on the effects of wildfire In 1997, section 101 of the Sikes Act Federal, State, or local agencies, or by on local habitat types (Gene Stout and (16 U.S.C. 670a(a)) was revised by the private groups and organizations; and Associates 2006, pp. 7–8—7–9). As a Sikes Act Improvement Act to authorize (6) local laws and regulations. The result, MCAS Miramar is addressing the Secretary of Defense to implement a listing rule analyzed the potential level threats related to the potential stress of program to provide for the conservation of protection provided by these fire on individual plants (see Factor E). and rehabilitation of natural resources regulatory mechanisms (63 FR 54938; Despite the benefits to M. viminea on military installations. To do so, the October 13, 1998). provided through the INRMP, the Currently, Monardella linoides ssp. Department of Defense was required to species continues to decline on MCAS viminea is listed as endangered under work with Federal and State fish and Miramar, due likely to the synergistic the Act (63 FR 54938; October 13, 1998). wildlife agencies to prepare an effects of flood, reduced shrub numbers, Provisions for its protection and integrated natural resources and exotic species encroachment (type recovery are outlined in sections 4, 7, 9 management plan (INRMP) for each conversion) following the 2003 Cedar and 10 of the Act. This law is the facility with significant natural wildfire (Tierra Data 2011, p. 26). resources. The INRMPs provide a primary mechanism for protecting M. planning tool for future improvements; State and Local Regulations viminea, which, as part of the original provide for sustainable multipurpose listed entity, currently retains protection California’s Native Plant Protection Act use of the resources, including activities under the Act. However, the protections (NPPA) and Endangered Species Act such as hunting, fishing, trapping, and afforded to M. viminea under the Act as (CESA) non-consumptive uses; and allow some part of M. linoides ssp. viminea, the public access to military installations. Under provisions of NPPA (Division currently listed entity, would continue At MCAS Miramar and other military 2, chapter 10 section 1900 et seq. of the to apply only if we determine to retain installations, INRMPs provide direction California Fish and Game Code (CFG listed status for M. viminea. Therefore, for project development and for the code)) and CESA (Division 3, chapter for purposes of our analysis, we do not management, conservation, and 1.5, section 2050 et seq. of CFG code), include the Act as an existing regulatory rehabilitation of natural resources, the CDFG Commission listed mechanism that protects M. viminea. including M. viminea and its habitat. Monardella linoides ssp. viminea as We do note that M. viminea would Approximately 70 percent of the endangered in 1979. Currently, the State likely continue to receive protection remaining habitat for Monardella of California recognizes the State-listed indirectly through habitat conservation viminea occurs within MCAS Miramar. entity as M. viminea. plans (HCPs) approved under section10 The Marine Corps completed an INRMP of the Act and Natural Community Both the CESA and NPPA include (2006–2010) with the advice of the prohibitions forbidding the ‘‘take’’ of Conservation Plans (NCCPs) approved Service (Gene Stout and Associates under the State of California that will State endangered and listed species 2006, p. ES–2). The 2011–2014 INRMP (Chapter 10, Section 1908 and Chapter cover M. viminea even if the species is is expected to be published by the 1.5, Section 2080, CFG code). With not Federally listed. military in the upcoming weeks. This regard to prohibitions of unauthorized new INRMP continues to benefit the Federal Protections take under NPPA, landowners are species by spatially and temporally exempt from this prohibition for plants National Environmental Policy Act protecting known populations on MCAS to be taken in the process of habitat (NEPA) Miramar, most of which are not modification. When landowners are All Federal agencies are required to fragmented. Over 99 percent of all M. notified by the State that a rare or adhere to the National Environmental viminea occurrences on the base occur endangered plant is growing on their Policy Act (NEPA) of 1970 (42 U.S.C. in Type I or II management areas, where land, the landowners are required to 4321 et seq.) for projects they fund, conservation of listed species, including authorize, or carry out. The Council on M. viminea, is a priority (Gene Stout and notify CDFG 10 days in advance of Environmental Quality’s regulations for Associates 2006, pp. 5–2, 5–5). MCAS changing land use in order to allow implementing NEPA (40 CFR 1500– Miramar manages invasive species, a salvage of listed plants. Sections 2081(b) 1518) state that in their environmental significant threat to M. viminea, in and (c) of CESA allow CDFG to issue impact statements agencies shall compliance with Executive Order incidental take permits for State-listed include a discussion on the 13112, which states that Federal threatened species if: environmental impacts of the various agencies must provide for the control of (1) The authorized take is incidental project alternatives (including the invasive species (Gene Stout and to an otherwise lawful activity; proposed action), any adverse Associates 2006, p. 7–3). Invasive (2) The impacts of the authorized take environmental effects which cannot be species management is a must-fund are minimized and fully mitigated;

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(3) The measures required to (California Environmental Resources City of San Diego and County of San minimize and fully mitigate the impacts Evaluation System 2010). ‘‘Thresholds of Diego Subarea Plans under the Multiple of the authorized take are roughly Significance’’ are comprehensive criteria Species Conservation Plan (MSCP) proportional in extent to the impact of used to define environmental significant The MSCP is a sub-regional HCP and the taking of the species, maintain the impacts based on quantitative and NCCP made up of several subarea plans applicant’s objectives to the greatest qualitative standards and include that have been in place for more than a extent possible, and are capable of impacts to biological resources such as decade. Under the umbrella of the successful implementation; candidate, sensitive, or special status MSCP, each of the 12 participating (4) Adequate funding is provided to species in local or regional plans, jurisdictions is required to prepare a implement the required minimization policies, or regulations, or by the CDFG subarea plan that implements the goals and mitigation measures and to monitor or the Service; or any riparian habitat or of the MSCP within that particular compliance with and the effectiveness jurisdiction. The sub-regional MSCP of the measures; and other sensitive natural community (5) Issuance of the permit will not identified in local or regional plans, covers 582,243 ac (235,625 ha) within jeopardize the continued existence of a policies, regulations, or by the CDFG or the county of San Diego. Habitat State-listed species. Service (CEQA Handbook, Appendix G, conservation plans and multiple species The relationship between the NPPA 2010). Defining these significance conservation plans approved under and CESA has not been clearly defined thresholds helps ensure a ‘‘rational basis section 10 of the Act are intended to under state law. The NPPA, which has for significance determinations’’ and protect covered species by avoidance, been characterized as an exception to provides support for the final minimization, and mitigation of the take prohibitions of CESA, exempts determination and appropriate revisions impacts. a number of activities from regulation or mitigation actions to a project in The MSCP Subarea Plan for the City including: clearing of land for order to develop a mitigated negative of San Diego includes Monardella viminea (denominated as M. linoides agricultural practices or fire control declaration rather than an ssp. viminea) as a covered species. The measures; removal of endangered or rare environmental impact report City’s subarea plan designates land to be plants when done in association with an (Governor’s Office of Planning and set aside for a biological preserve (City approved timber harvesting plan, or Research 1994, p. 5). Under CEQA, of San Diego 1997, p. 1–1). As of mining work performed pursuant to projects may move forward if there is a Federal or State mining laws, or by a January 2011, less than 20 percent of all statement of overriding consideration. If M. viminea occurrences were in the City public utility providing service to the significant effects are identified, the public; or when a landowner proceeds of San Diego MSCP plan area (Service lead agency has the option of requiring 2008, p. 10); the majority of the other with changing the use on their land in mitigation through changes in the a manner that could result in take, occurrences are on lands owned by project or to decide that overriding provided the landowner notifies CDFG MCAS Miramar, with small numbers of considerations make mitigation at least 10 days in advance of the clumps occurring on private and change. These exemptions indicate that infeasible (CEQA section 21002). county-owned lands. Almost all CESA and NPPA may be inadequate to Protection of listed species through occurrences that occur within the City protect Monardella viminea and its CEQA is, therefore, dependent upon the of San Diego’s MSCP Subarea Plan area habitat, including from activities such discretion of the lead agency involved. have been protected in MSCP reserves and are annually monitored (City of San as development/urbanization, altered California’s Natural Community Diego 2010, p. 1). However, the hydrology or fuel modification. Conservation Planning (NCCP) Act management plan for the City of San California Environmental Quality Act Diego MSCP Subarea Plan has not been (CEQA) The NCCP program is a cooperative effort between the State of California finalized; thus long-term management The California Environmental Quality and numerous private and public and monitoring provisions for this plant Act (CEQA) (Public Resources Code partners with the goal of protecting are not in place. Although management 21000–21177) and the CEQA Guidelines habitats and species. An NCCP needs are frequently identified for M. (California Code of Regulations, Title identifies and provides for the regional viminea, the actions are not carried out 14, Division 6, Chapter 3, Sections or area-wide protection of plants, on a regular basis to decrease threats to 15000–15387) require State and local animals, and their habitats, while the plants, such as presence of agencies to identify the significant allowing compatible and appropriate nonnative vegetation and altered environmental impacts of their actions hydrology. economic activity. The program began and to avoid or mitigate those impacts, Within the City of San Diego MSCP in 1991, under the State’s NCCP Act if feasible. The CEQA applies to projects Subarea Plan, further protections are proposed to be undertaken or requiring (CFG Code 2800–2835). The primary afforded by the Environmentally approval by State and local government objective of the NCCP program is to Sensitive Lands ordinance (ESL). The agencies, and the lead agency must conserve natural communities at the ESL provides protection for sensitive complete the environmental review ecosystem scale while accommodating biological resources (including process required by CEQA, including compatible land uses (http:// Monardella viminea and its habitat), by conducting an initial study to identify www.dfg.ca.gov/habcon/nccp/). ensuring that development occurs ‘‘in a the environmental impacts of the project Regional NCCPs provide protection to manner that protects the overall quality and determine whether the identified Federally listed species, and often of the resources and the natural and impacts are significant; if significant unlisted species, by conserving native topographic character of the area, impacts are determined, then an habitats upon which the species encourages a sensitive form of environmental impact report must be depend. Many NCCPs are developed in development, retains biodiversity and prepared to provide State and local conjunction with HCPs prepared interconnected habitats, maximizes agencies and the general public with pursuant to the Act. The City and physical and visual public access to and detailed information on the potentially County of San Diego Subarea Plans along the shoreline, and reduces significant environmental effects under the MSCP are discussed below. hazards due to flooding in specific areas

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while minimizing the need for The City of San Diego’s MSCP Subarea the listing rule (63 FR 54938; October construction of flood control facilities,’’ plan provides protective mechanisms 13, 1998). Trampling of M. viminea thus providing protection against for M. viminea for proposed projects; occurs via human travel through the alteration of hydrology, a significant these protective mechanisms are habitat of the species. This factor has threat to M. viminea. The ESL was intended to address potential impacts not been quantified, and to date is only designed to act as an implementing tool that could threaten the species, such as suspected to be a threat to M. viminea for the City of San Diego Subarea Plan development or actions that could result via direct mortality and increasing rates (City of San Diego 1997, p. 98). in altered hydrology. One such plan was of erosion (Service 2008, p. 11). The County of San Diego MSCP developed for the city-owned land Trampling on private lands cannot Subarea Plan covers 252,132 ac (102,035 within West Sycamore Canyon. This currently be controlled and could ha) of unincorporated county lands in land, a total of 21 ac (9 ha), was impact populations located on private the southwestern portion of the MSCP included within the development lands; however, few occurrences are plan area. Only two percent of project entitled Sycamore Estates. This located on private lands, and we have Monardella viminea habitat occurs on plan included monitoring of M. viminea no evidence of trampling-related County lands. The entirety of this occurrences within West Sycamore mortality. Therefore, we do not consider habitat is included within the Sycamore Canyon and provisions to prevent trampling to be a significant threat Canyon Preserve established under the altered hydrology to areas containing M. across the range of the species. County of San Diego MSCP Subarea viminea through construction of Nonnative Plant Species Plan. In 2009, a management plan was mechanisms such as silt fences to published for the preserve, with prevent erosion and subsequent The listing rule identifies nonnative monitoring anticipated to begin in 2013. alteration of channel structure (T&B plants as a threat to Monardella linoides The plan specifically addresses M. Planning Consultants 2001, pp. 136, ssp. viminea (63 FR 54938; October 13, viminea through removal of nonnative 166). However, Sycamore Estates was 1998); this threat is ongoing for the vegetation, habitat restoration, and never completed (see Factor A), and no occurrences of the listed entity now implementation of a managed fire monitoring has taken place in West considered to be M. viminea. San Diego regime with a priority of protecting Sycamore Canyon. Therefore, the plan County habitats have been altered by biological resources (DPR 2009, pp. 71, addressing construction on Sycamore invasion of nonnative species (Soule et 76–77). Additionally, the plan mandates Estates is not currently protecting M. al. 1992, p. 43). Nonnative grasses, which frequently out-compete native management to address the ‘‘natural viminea. history of the species and to reduce the The City of San Diego Subarea Plan species for limited resources and grow risk of catastrophic fire,’’ possibly also includes provisions for monitoring more quickly, can smother seedling and including prescribed fire (DPR 2009, p. and management through development mature M. viminea and prevent natural 71); these measures address the stressor of location-specific management plans growth (Rebman and Dossey 2006a, p. of fire on individual plants (Factor E) for preserve land. However, the City of 12). Nonnative plants also have the and the threat of type conversion due to San Diego MSCP Subarea Plan has not potential to lower water tables and alter rates of sedimentation and erosion by frequent fire (Factor A). developed final monitoring and altering soil chemistry, nutrient levels, management plans for M. viminea. As a Summary of Factor D and the physical structure of soil. As result, even though occurrences of M. In determining whether Monardella such, they can often out-compete native viminea are monitored on a yearly basis viminea should be retained as a listed species such as M. viminea (Kassebaum and management needs for M. viminea species under the Act, we analyze the 2007, pers. comm.). Nonnative plants habitat are identified, conservation adequacy of existing regulatory also alter frequencies, size, and intensity measures to ameliorate immediate and mechanisms without regard to current of fires (flame duration and length, soil significant threats to the species from protections afforded under the Act. The temperature during a fire, and after- nonnative species and alteration of majority (greater than 70 percent) of M. effects of long-term porosity and soil viminea occurrences are on MCAS hydrology are not actively being glassification, in which high heat causes Miramar. The base has developed and is implemented because the management silica particles in the soil to fuse implementing an INRMP under the plans are not yet in place. With regards together to form an impermeable barrier) Sikes Act to protect these occurrences to lands covered by the County of San (Vitousek et al. 1997, pp. 8–9; Arno and (Factor E) and is addressing threats from Diego MSCP Subarea Plan (two percent Fielder 2005, p. 19). type conversion due to frequent fire of the species’ habitat), regulatory When the processes of natural (Factor A). However, notwithstanding mechanisms are in place to conserve disturbance, such as fire regime and the benefit to M. viminea provided by and manage Monardella viminea. normal storm flow events, are altered, the INRMP, the synergistic effects of Despite the protections afforded to native and nonnative plants can flood, reduced shrub numbers, frequent Monardella viminea under the Sikes Act overcome otherwise suitable habitat for fire, and nonnative species through the INRMP for MCAS Miramar Monardella viminea (Kassebaum 2007, encroachment are resulting in a decline and the protections afforded under the pers. comm.). At least four occurrences of M. viminea on the base (Factor E). City of San Diego and County of San of M. viminea are believed to have been While the INRMP does not eliminate Diego plans, we conclude that existing extirpated since listing due in part to threats to the species from megafire, we regulatory mechanisms at this time are invasion of native and nonnative plant do not believe megafire impacts are inadequate to alleviate the threats to this species (CNDDB 2010a; EOs 11, 12, 13, susceptible to a regulatory fix. species in the absence of the protections and 15). Nonnative plants are present The majority of Monardella viminea afforded by the Act. throughout all canyons on MCAS occurrences outside of MCAS Miramar E. Other Natural or Manmade Factors Miramar where M. viminea occurs, are located within land owned by the Affecting Its Continued Existence occupying areas that might instead be City of San Diego, and they receive colonized by M. viminea seedlings protection under the City of San Diego’s Trampling (Tierra Data 2011, p. 29). Areas heavily MSCP Subarea Plan, which was Trampling was identified as a threat invaded by nonnative grasses have approved under CESA and NCCP Act. to Monardella linoides ssp. viminea in fewer adult M. viminea plants than areas

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free from invasion, or feature adult and Dossey at MCAS Miramar, plants Tahoe in northern California, which plants that have been reduced in size damaged in the 2003 fire have spread 4 miles (6.4 kilometers) in its after the encroachment of nonnative resprouted from the root. Despite the first 3 hours, and burned over 3,000 ac species (Tierra Data 2011, p. 29). fact that plants have resprouted, (1,214 ha) (USDA 2007, p. 1). Additionally, one occurrence monitored biological monitors at MCAS Miramar A narrow endemic such as by the City of San Diego has undergone report that the decline continues and Monardella viminea could be especially a rapid increase in nonnative plant the cause is unknown, with 45 percent sensitive to megafire events. One large cover, climbing from 26 percent in 2008 of the population on MCAS Miramar fire could impact all or a large to 71 percent in 2010 (City of San Diego lost since 2002 (Kassebaum 2010, pers. proportion of the entire area where the 2008, p. 1; City of San Diego 2010, p. comm.; Tierra Data 2011, p. 12). No species is found, as occurred in the 2003 11). empirical information is readily Cedar Fire, where 98 percent of Due to the absence or alteration of the available to estimate the rate of occurrences on MCAS Miramar and M. natural disturbance processes within the population decrease or time to viminea clumps in the privately owned range of Monardella viminea that has extinction for M. viminea; however, its portions of Sycamore Canyon burned. caused competition for space and habitat and population have decreased However, despite the overlap of the nutrients, increased fire intensity, and since the time of listing. Therefore, Cedar Fire with M. viminea occurrences extirpation of M. viminea occurrences based on the best available scientific on MCAS Miramar, the decline of the since listing, we consider nonnative information, we consider that small burned occurrences of M. viminea was plant species to be a significant factor population size and the declining trend not as severe as initially expected, as threatening the continued existence of of M. viminea exacerbate the threats plants were later able to resprout from the species, both now and in the attributable to other factors. the root. Additionally, new juveniles foreseeable future. and seedlings documented by the 2009 Fire survey occurred primarily on lands Small Population Size and Restricted Although the habitat occupied by burned by the 2003 Cedar Fire (Tierra Range Monardella viminea is dependent upon Data 2011, p. 16). The listing rule identified the some form of disturbance to reset Given the increased frequency of restricted range and small population succession processes (such as periodic megafires within Southern California size of Monardella linoides ssp. viminea fire and scouring floods), we considered ecosystems, and the inability of as threats. These conditions increase the whether megafire events have the regulatory mechanisms to prevent or possibility of extinction due to chance potential to severely impact or eliminate control megafire, we find that megafire events, such as floods, fires, or drought, populations by killing large numbers of does have the potential to impact beyond the natural variability of the individual plants, their underground occurrences of Monardella viminea. ecosystem (Lande 1993, p. 912; 60 FR rhizomes (stems), and the soil seed However, given M. viminea’s 40549, August 9, 1995). Chance or bank. Also, severe fire could leave the persistence through past fires and its stochastic events have occurred in the soil under hydrophobic conditions, in ability to recover from direct impact by range of M. viminea, and it is very which the soil becomes water-repellant, fires, we do not find that megafire is a possible that these events may continue often resulting in plants receiving an significant threat to individual M. to make M. viminea vulnerable to inadequate amount of water (Agee 1996, viminea plants now, nor is likely to extinction, because of M. viminea’s pp. 157–158; Keane et al. 2002, p. 8; become a significant threat in the small numbers and limited range. Of the Keeley 2001, p. 87; Arno and Fiedler foreseeable future. However, as noted in 20 occurrences of M. viminea known at 2005, p. 19). the Factor A discussion above, we do the time of listing, 5 had fewer than 100 Recently, San Diego County has been find that type conversion due to altered individuals. None of the smallest five impacted by multiple large fire events, fire regime and megafire are threats to populations were protected at the time a trend that is expected to continue. A the habitat that supports M. viminea. of listing, and all have since been model by Snyder et al. (2002, p. 9–3) extirpated due to competition with suggests higher average temperatures for Climate Change nonnative grasses, construction, or every month in every part of California, A broad consensus exists among unknown reasons (CNDDB 2010). As which would create drier, more scientists that the earth is in a warming stated earlier, only 7 natural combustible fuel types. Also, Miller and trend caused by anthropogenic occurrences remain. Currently, despite Schlegel (2006, p. 6) suggest that Santa greenhouse gases such as carbon their protection on reserve lands, many Ana conditions (characterized by hot dioxide (IPCC 2007). Researchers have of the largest occurrences with multiple dry winds and low humidity) may documented climate-related changes in clumps and the healthiest-looking significantly increase during fire season California (Croke et al. 1998, pp. 2128, leaves and flowers are still declining in under global climate change scenarios. 2130; Breshears et al. 2005, p. 15144). number. Small escaped fires have the potential to Predictions for California indicate In particular, small population size turn into large fires due to wind, prolonged drought and other climate- makes it difficult for Monardella weather conditions of temperature and related changes will continue in the viminea to persist while sustaining the humidity, lack of prescribed fires to future (Field et al. 1999, pp. 8–10; impacts of fire, altered hydrologic control fuels, invasive vegetation, and Lenihen et al. 2003, p. 1667; Hayhoe et regimes, and competition with inadequate wildfire control/prevention. al. 2004, p. 12422; Breshears et al. 2005, nonnative plants. Prior to the 2008 5- For example, the October 2007 Harris p. 15144; Seager et al. 2007, p. 1181; year review, monitoring of the MCAS fire in San Diego County burned 20,000 IPCC 2007, p. 9). Models are not yet Miramar occurrences indicated that the acres (ac) (8,094 hectares (ha)) within 4 powerful enough to predict what will population had declined significantly hours of ignition (California Department happen in localized regions, such as for unknown reasons that could not be of Forestry 2008, p. 57). Another fire southern California, but many scientists clearly linked to the cumulative impacts near Orange, California, turned into a believe warmer, wetter winters and of fire, herbivory, or hydrological large size-class fire in less than 12 warmer, drier summers will occur regimes (Rebman and Dossey 2006a, p. hours, and an unattended campfire set within the next century (Field et al. 14). Since the 2006 surveys by Rebman off the June 2007 Angora fire near Lake 1999, pp. 2–3, 20). The impacts on

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species like Monardella viminea, which not consider global climate change a threats to the species. Furthermore, the depend on specific hydrological current threat to M. viminea, now or in synergistic effects of flood, reduced regimes, may be more severe (Graham the foreseeable future. shrub numbers, frequent fire, and 1997, p. 2). nonnative species encroachment pose Summary of Factor E Since approximately the time of an increased risk to the species, listing in 1998, an extended drought in Based on a review of the best resulting in continued population the region (San Diego County Water available scientific and commercial data decline such as that seen on MCAS Authority 2010, p. 2) created unusually regarding trampling, nonnative plant Miramar in recent years. dry habitat conditions. From 2000 to species, megafire, climate change, and When the species was listed in 1998, 2009, at one of the closer precipitation small population size and restricted there were 18 extant occurrences of gauges to the species’ range (Lake range, we found that nonnative plant what we now consider to be Monardella Cuyamaca, San Diego County, species pose a significant threat to viminea; currently, there are only 7 California), 8 of 10 years had Monardella viminea. Additionally, the known natural occurrences of M. precipitation significantly below normal small population size and restricted viminea. All seven of these occurrences (San Diego County Water Authority range of M. viminea could exacerbate have continued to decline since listing 2010, p. 2). This extended drought has threats to the species. We found no and since the most recent (2008) 5-year cumulatively affected moisture regimes, other evidence that trampling or other review. Since the recent taxonomic riparian habitat, and vegetative natural or manmade factors pose a revision of Monardella linoides ssp. conditions in and around suitable significant threat to M. viminea, either viminea into two separate species, we habitat for Monardella viminea, and now or in the foreseeable future. We now know that both the number of thus increased the stress on individual conclude based on the best available clumps and the limited geographic plants. As stated above, predictions scientific information that M. viminea range of M. viminea are substantially indicate that future climate change may could be affected by fire impacts less than originally thought, as two of lead to similar, if not more severe, associated with the death of individual the occurrences at time of listing are drought conditions. plants; however, we do not consider this now considered to be M. stoneana. As The predicted future drought could a significant threat to the continued discussed above, natural occurrences of impact the dynamic of the streambeds existence of the species. Finally with M. viminea occur in only six watersheds where Monardella viminea grows. Soil regard to the direct and indirect effects in a very limited area of San Diego moisture and transportation of of climate change on individual M. County. Transplanted occurrences occur sediments by downstream flow have viminea plants and its habitat, we have in two additional canyons; however, been identified as key habitat features no information at this point to over the past 3 years, survival of three required by M. viminea. The species is demonstrate that predicted climate of the transplanted sites is below 20 characterized as being associated with changes poses a significant threat to the percent, with the fourth at only 44 areas of standing water after rainfall species either now or in the foreseeable percent (Ince 2010, p. 8). Additionally, (Elvin and Sanders 2003, p. 426). future. the most recent surveys from MCAS Monitors for the City of San Diego have Proposed Determination—Monardella Miramar, which holds the majority of observed decreased plant health and viminea the largest occurrences, have shown a increased dormancy of Monardella We have carefully assessed the best rapid decline of the species over the species in years with low rainfall (City past 7 years (Tierra Data 2011, p. 12). of San Diego 2003, p. 3; City of San scientific and commercial information available regarding the past, present, The Act defines an endangered Diego 2004, p. 3). Specific analyses of species as any species that is ‘‘in danger population trends as correlated to and future threats to Monardella viminea. As described above, we find of extinction throughout all or a rainfall are difficult due to inconsistent significant portion of its range’’ and a plant count methods (City of San Diego that threats attributable to Factor A (The Present or Threatened Destruction, threatened species as any species ‘‘that 2004, p. 67). is likely to become endangered Additionally, drier conditions may Modification, or Curtailment of Its throughout all or a significant portion of result in increased fire frequency. As Habitat or Range) represent significant its range within the foreseeable future.’’ discussed under Factors A and E, this threats to M. viminea, particularly Given the rapid population decline could make the ecosystems in which through severe alteration of hydrology Monardella viminea currently grows in Carroll, Lopez, and San Clemente (particularly the decline of 45 percent of more vulnerable to the threats of Canyons. Additionally, type conversion the population on MCAS Miramar since subsequent erosion and invasive and habitat degradation due to frequent 2002), the species’ limited range and species. In a changing climate, fire represent a significant and small population size, and continuing conditions could change in a way that immediate threat to the species across significant threats, we find that would allow both native and nonnative its range. We also find that, in the Monardella viminea is in danger of plants to invade the habitat where M. absence of the Act, other existing extinction throughout its range. viminea currently occurs (Graham 1997, regulatory mechanisms as described Therefore, endangered status under the p. 10). under Factor D would not provide Act continues to be warranted for M. While we recognize that climate protections adequate to alleviate threats viminea. change and increased drought to M. viminea. Finally, we find that Status Review—Monardella stoneana associated with climate change are threats attributable to Factor E (Other important issues with potential effects Natural or Manmade Factors Affecting Species Description to listed species and their habitats, the Its Continued Existence) represent Monardella stoneana is a perennial best available scientific information significant threats to the species herb or subshrub in the Lamiaceae (mint does not currently give evidence throughout its range, including impacts family) with a woody base and aromatic specific enough for us to formulate from nonnative plant species invading leaves. The sparsely pubescent multiple accurate predictions regarding its effects canyons where M. viminea exists. stems bear sparsely gland-dotted to particular species, including Additionally, the small population size broadly lanceolate to lance-ovate leaves, Monardella viminea. Therefore, we do of M. viminea could exacerbate the and dense, terminal clusters of pale

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pink flowers. The leaves are 0.6–1.2 in stoneana habitat, particularly within California (CNDDB 2010b, EOs 7, 8). (15–30 mm) long by 0.2–0.4 in (4–10 riparian portions of canyons, and the Due to the rarity of juveniles of this mm) wide, and the middle flower bracts effects of fire on clumps of M. stoneana. species and the closely related M. are 0.3–0.4 in (7–10 mm) long (Elvin Please see our request for information in viminea, and the fact that most and Sanders 2003, pp. 426, 431–432). the Public Comments section above. occurrences were discovered less than 5 Monardella stoneana often grows Life History years after listing, we believe all together in clumps of one to four occurrences were extant at the time of individual plants. As the number of Very little is known about the listing. plants within a clump cannot be reliably germination and establishment of There is little information available distinguished without exposing the Monardella stoneana. Mature plants of on the population trends of most roots, the species is usually counted by the closely related M. viminea flower Monardella stoneana occurrences since clumps rather than as individual plants. readily, with inflorescences persisting listing. Only two EOs receive regular for 10 to 12 weeks (Elvin and Sanders Habitat monitoring, EO 1 (Marron Valley) and 2003, pp. 430–431). Plants are short- EO 5 (Buschalaugh Cove). The Monardella stoneana occurs in lived perennials producing a new cohort Buschalaugh Cove occurrence, located cypress forest and chaparral habitats on of aerial stems each year from a on land owned by the City of San Diego, banks of ephemeral washes in canyons persisting perennial root structure. declined from two clumps in 2004 to where surface water flows for usually Plants of this species are not known to one clump in 2006, and then no clumps less than 48 hours after a rain event be rhizomatous; however, root masses in 2008 (City of San Diego 2004, p. 3; (Elvin and Sanders 2003, p. 430; may become separated over time, City of San Diego 2006, p. 8; City of San SANDAG 1995). It is often found with resulting in adjacent genetically Diego 2008, p. 2). The last remaining Baccharis sarothroides (broom identical but separate plants. clump at this occurrence was burned as baccharis) and Cupressus (cypress) No pollination studies are known to a result of the 2007 Harris Fire and has species (CNDDB 2010b). It is most exist for Monardella stoneana; however, not been located by monitors since that commonly found in canyon bottoms and other Monardella taxa are visited by time (City of San Diego 2008, p. 2; City north-facing slopes, and along bends of butterfly and bee species (Elvin 2003, p. of San Diego 2009, p. 2; City of San meandering drainages (Elvin and 2). Bees collected from the closely Diego 2010, p. 256). The Marron Valley Sanders 2003, p. 426). Many of the related M. linoides include wasp-like occurrence, also located on land owned streams where M. stoneana grows hold bees (Hylaeus sp.), mason bees (Osmia water for up to several months during spp. or Chalicodoma spp.), and miner by the City of San Diego, appears to the rainy season (Elvin and Sanders bees (Anthophora spp.) (Hurd 1979, pp. have declined slightly from 120 2003, p. 426). Monardella stoneana is 1762, 1765, 2042, 2073, and 2164). individuals in 2002, to 95 in 2010 (City found on rockier substrate than M. Successful reproduction of flowering of San Diego 2010a, p. 238; City of San viminea, often between spaces in stones plants depends on pollinator abundance Diego 2010b, p. 2). However, the City of or boulders along the creek bed (Elvin and effectiveness (Javorek et al. 2002, p. San Diego acknowledges that its and Sanders 2003, p. 426; City of San 350). Therefore, pollinator movement monitoring methods are not always Diego 2005, p. 3; City of San Diego 2008, and availability should be considered consistent across years (City of San p. 4). when assessing likely population Diego 2005, pp. 2–3), so the differences The chaparral habitat that Monardella distributions and survival, and habitat could be an artifact of inconsistencies in stoneana favors benefits from small or needs of M. stoneana. monitoring. Since 2005, the population managed fires that clear out dead or has remained steady at 95 plants (City encroaching scrub vegetation and Geographic Range and Status of San Diego 2010b, p. 2). reduce nonnative species (Minnich Monardella stoneana is a Little information is available on the 1983, p. 1290). Chaparral is more geographically narrow endemic other occurrences. Reports from the resistant to fire than coastal sage scrub, restricted to southwestern San Diego CNDDB state that the Otay Lakes due to strong recruitment and effective County, in the United States, and to occurrence declined from 200 clumps in germination after repeated fire events northern portions of Baja California, 1989, to 25 plants in 2005 (EO 4; (Keeley 1987, p. 439; Tyler 1995, p. Mexico (Figure 1). All eight extant CNDDB 2010b, p. 4); these are the only 1009). As with M. viminea, there are two occurrences and one extirpated two surveys we are aware of for this ways in which fire can negatively occurrence (Table 1) are found in the occurrence. According to the CNDDB, impact M. stoneana. First, an increased vicinity of Otay Mesa, Otay Mountain, all other occurrences are still extant frequency of fires of all sizes can result and Tecate Peak (CNDDB 2010b). (CNDDB 2010b). No surveys have been in type conversion or invasion of Monardella stoneana occurs on lands conducted in Mexico; the only known nonnative grasses into chaparral owned by the BLM, the City of San occurrences in Mexico are those visible habitats that can choke out native Diego, the State of California, the CDFG, across the border, as discussed above. vegetation, including shrubs associated and lands under private ownership. The Summary of Factors Affecting with M. stoneana. This is a habitat- use of the word occurrence, as described Monardella stoneana based effect. Second, large or in the Geographic Range and Status unmanaged fires (megafire) can be a section for M. viminea, also applies to As stated above in the Summary of particular threat to a narrow endemic M. stoneana. Factors Affecting Monardella viminea species like M. stoneana because a A total of two occurrences now section, the original listing rule for the single megafire could eliminate a large considered Monardella stoneana were M. linoides ssp. viminea contained a proportion of individual plants within known and extant at the time of listing discussion of these five factors, as did the extant range of the species. Rebman (63 FR 54938; October 13, 1998). the 2008 5-year review. However, the and Dossey (2006b, p. 2) reported that According to the most recent report reader must bear in mind that both of M. viminea is capable of resprouting from the CNDDB, eight occurrences of these documents included discussions after fire; we expect the same to be true M. stoneana are currently extant, with regarding M. linoides ssp. viminea, of M. stoneana. Additional information additional clumps easily visible in without separation, or recognition of M. is needed on the role of fire in M. Mexico just across the border from stoneana or M. viminea. Below, each of

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the five listing factors is discussed for now attributable to M. viminea. We are coastal sage scrub and riparian scrub, M. M. stoneana specifically. not aware of any historical mining that stoneana is found primarily in chaparral has impacted occurrences of M. habitats. A. The Present or Threatened stoneana, nor are we aware of any plans Chaparral is more resistant to fire than Destruction, Modification, or for future mining activities that may coastal sage scrub, due to strong Curtailment of Its Habitat or Range impact the species. Therefore, we recruitment and effective germination Urbanization/Development believe that sand and gravel mining after repeated fire events (Keeley 1987, p. 439; Tyler 1995, p. 1009). Chaparral The original listing rule identified activities do not pose a threat to the continued persistence of M. stoneana. is considered a crown-fire ecosystem, urban development as one of the most meaning ecosystems which ‘‘have important threats to Monardella linoides Altered Hydrology endogenous mechanisms for recovery ssp. viminea (63 FR 54938; October 13, The original listing rule identified that include resprouting from basal 1998). However, the urbanization and altered hydrology as a threat to burrs and long-lived seed banks that are development threats described in the Monardella linoides ssp. viminea (63 FR stimulated to germinate by fire’’ (Keane 1998 listing rule apply only to those 54938; October 13, 1998). Monardella et al. 2008, p. 702). These ecosystems occurrences now attributable to M. viminea depends on a natural are also resilient to high-intensity burns viminea. hydrological system to maintain the (Keeley et al. 2008, p. 1545). Monardella stoneana occurs almost secondary alluvial benches and The fire regime in Baja California, entirely on publicly owned land streambeds on which it grows (Scheid Mexico, where some Monardella managed by the BLM (approximately 34 1985, pp. 30–31, 34–35); we believe the stoneana occurs, has not undergone the percent), CDFG (approximately 55 closely related M. stoneana does as same fire suppression activities that percent), or City of San Diego well. Upstream development can have occurred in the United States. (approximately 7 percent). These disrupt this regime by increasing storm Some researchers claim that the fire occurrences are protected from habitat runoff, which can result in erosion of regime of chaparral growing in Baja destruction or modification due to stream banks and rocky cobble upon California is thus not affected by urban development because they are which M. stoneana grow. Floods also megafires due to a lack of fire conserved and managed within the have the potential to wash away plants suppression activities (Minnich and BLM’s Otay Mountain Wilderness or the much larger than M. stoneana, as has Chou 1997, Minnich 2001). City of San Diego’s and CDFG’s occurred with M. viminea in Lopez Nevertheless, Keeley and Zedler (2009, preserves under the MSCP; this Canyon (Kelly and Burrascano 2001, pp. p. 86) believe that the fire regime in Baja contrasts with M. viminea occurrences 2–3). On the other hand, decreased California still mirrors that of Southern conserved by the City of San Diego that flows increase the possibility of California, similarly consisting of ‘‘small do not have management plans (see also invasion by nonnative species into the fires punctuated at periodic intervals by Factor D discussion below and Factor D creek bed, which can smother seedling large fire events’’ Therefore, we expect discussion for M. viminea). and mature plants and disrupt growth that impacts from fire in Baja California The Monardella stoneana occurrences processes (Rebman and Dossey 2006a, p. will be similar to that in San Diego located on the two sections of land 12). County. owned by the City of San Diego have Habitat characteristics for Monardella Despite the resiliency of chaparral been set aside for conservation purposes stoneana have not been described in ecosystems to fire events, chaparral, like and are undevelopable. The one detail, but, as with M. viminea, coastal sage scrub, has been occurrence located on private land at alteration of hydrology may disrupt the experiencing type conversion in many the Otay Lakes site is contained within natural processes and habitat areas in southern California. As with lands set aside as part of the Otay Ranch characteristics that support M. stoneana. coastal sage scrub, chaparral habitat is Preserve, and thus protected from However, M. stoneana reportedly ‘‘most also being invaded by nonnative species development. Based on the lack of often grows among boulders, stones, and (Keeley 2006, p. 379). Nonnative grasses threats from development on land in cracks of the bedrock of these sprout more quickly after a fire than currently occupied by M. stoneana, we intermittent streams in rocky gorges’’ chaparral species; this process is do not believe that urban development (Elvin and Sanders 2003, p. 429), which exacerbated by increased fire intervals is a threat to this species now, nor will suggests the habitat of M. stoneana may (Keeley 2001, pp. 84–85). it be in the foreseeable future, within be largely resistant to erosion events. However, monitoring data from the the United States. While we are not More importantly, given the lack of MSCP Rare Plant Field Surveys by the aware of any proposed development in urban development in the Otay area City of San Diego indicate that type areas occupied by M. stoneana in where the majority of the plants occur, conversion is not taking place in Mexico, we are also not aware of the substantial alteration of hydrology has chaparral habitats surrounding extent of the species’ distribution in not occurred to date and is not expected occurrences of Monardella stoneana. Mexico. Thus, the best scientific to occur in the foreseeable future, and For the past decade, the City of San evidence does not support urbanization is thus not a threat to M. stoneana. Diego has been monitoring the as a significant threat to M. stoneana in occurrences of M. stoneana on City Mexico. Fire and Type Conversion lands, documenting their general As discussed under Factor A for habitats and assessing disturbances and Sand and Gravel Mining Monardella viminea, our understanding threats. In the City of San Diego 2006 Sand and gravel mining activities of the role of fire in fire-dependent report, the Otay Lakes occurrence of M. were identified as threats to Monardella habitat has changed since the time of stoneana (one clump comprised of two linoides ssp. viminea in the 1998 listing listing, and the intensity of wildfire and individuals) was reported as having ‘‘fair rule and the recent 5-year review (63 FR frequency of megafires has increased to good’’ habitat, with monitors noting 54938, October 13, 1998; Service 2008). compared to historical regimes. that threats occurred, such as As was the case for urban development, However, M. stoneana is associated encroachment of tamarisk (Tamarisk the threats described in the 1998 listing with different habitat types than M. spp.) and other nonnative plants (10 rule apply only to those occurrences viminea. While M. viminea occurs in percent cover), and immigrant trails

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(City of San Diego 2006, p. 8). This inceases [sic].’’ Additionally, monitoring associated actions can help to reduce occurrence was lost after the 2006 data for Monardella stoneana has not the impacts of type conversion due to survey, as described in the Geographic recorded the same rapid increases in frequent fire on natural resources, Range and Status section of this nonnative vegetation as have occurred including M. stoneana. proposed rule. Although the 2008 and in habitat where M. viminea grows (City Therefore, based on the best available 2010 survey reports for the Otay Lakes of San Diego 2008, p. 1; City of San scientific and commercial information, site describe habitat disturbances such Diego 2009; p. 1). While several M. type conversion due to more frequent as type conversion due to fire frequency viminea occurrences have been fire does not pose a threat to M. and invasive species (particularly extirpated due to invasion of nonnative stoneana or its associated plant nonnative grasses) (City of San Diego vegetation (see Factor A discussion for communities now or in the foreseeable 2008, p. 2; City of San Diego 2010, p. 5), M. viminea above), no occurrences of M. future. The stress of frequent fire on M. the surveys also indicate that the stoneana have been similarly affected. stoneana is further alleviated by percent cover of native species has Nonetheless, fire is still a stressor to management actions undertaken by CAL increased from 2008 to 2010 (from 23 to Monardella stoneana habitat and many FIRE. More intense fire, however, could 42 percent), while the percent cover of other sensitive habitats throughout pose a threat to individual clumps of M. nonnative species has increased (from southern California. To this end, on stoneana; impacts to clumps of M. 30 to 44 percent) (City of San Diego land owned and managed by the CDFG stoneana from intense fire events are 2008, p. 1; City of San Diego 2010; p. 5). and BLM, which contain approximately discussed below under Factor E. The most recent survey report (2010) 88 percent of all occurrences of M. Summary of Factor A described the habitat at this site as ‘‘fair stoneana, fire management is provided to good’’ (City of San Diego 2010, p. by CAL FIRE. CAL FIRE is an We evaluated several factors with the 254). emergency response and resource potential to destroy, modify, or curtail For the Marron Valley site, the MSCP protection department. The CAL FIRE Monardella stoneana’s habitat or range, Rare Plant Field Surveys conducted by protects lives, property, and natural including urban development, sand and the City of San Diego recorded 95 resources from fire, and it protects and gravel mining, type conversion due to individuals of Monardella linoides ssp. preserves timberlands, wildlands, and frequent fire, and altered hydrology. viminea (now M. stoneana) in its 2006 urban forests. The CAL FIRES’s varied Based on our review of the best survey report, which was unchanged in programs work together to plan available scientific and commercial survey results from 2008 to 2010 (City protection strategies incorporating information, we conclude that M. of San Diego 2006, p. 1; City of San concepts of the National Fire Plan, the stoneana is not threatened by the Diego 2008, p. 1; City of San Diego 2009, California Fire Plan, individual CAL present or threatened destruction, p.1; City of San Diego, p. 5). Habitat at FIRE Unit Fire Plans, and Community modification, or curtailment of its the Marron Valley site was Wildfire Protection Plans (CWPPs). Fire habitat or range, either now or in the characterized as ‘‘fair to good’’ for 2008 Plans outline the fire situation within foreseeable future. through 2010 (City of San Diego 2008, each CAL FIRE Unit, and CWPPs do the B. Overutilization for Commercial, p. 2; City of San Diego 2010, p. 11). As same for communities (CAL FIRE 2011a, Recreational, Scientific, or Educational with the Otay Lakes location, type p. 1; County of San Diego 2011a). Each Purposes conversion due to frequent fire (Factor plan identifies prevention measures to A) and invasion of nonnative grasses reduce risks, informs and involves the To our knowledge, no commercial use was described as a disturbance/stressor local communities in the area, and exists for Monardella stoneana. The to the M. stoneana habitat (City of San provides a framework to diminish 1998 listing rule for Monardella linoides Diego 2008, p. 2; City of San Diego 2009, potential wildfire losses and implement ssp. viminea suggested that professional p. 2). Nonetheless, recent surveys all applicable fire management and private botanical collecting could indicate that the percent ground cover regulations and policies (CAL FIRE exacerbate the extirpation threat to the by native species at the Marron Valley 2011b; County of San Diego 2011a). subspecies due to botanists favoring rare site (EO 1) has increased from 2008 to Planning includes other State, Federal, or declining species (63 FR 54938; 2010 (from 26 to 32 percent), while the and local government agencies as well October 13, 1998). However, we are not percent ground cover by nonnative as Fire Safe Councils (CAL FIRE 2011a, currently aware of any interest by species has also increased (from 15 to 22 p. 1). Cooperative efforts via contracts botanists in collecting M. stoneana. percent) (City of San Diego 2008, p. 1; and agreements between State, Federal, Therefore, we do not believe that City of San Diego 2010; p. 5). While no and local agencies are essential to overutilization for commercial, habitat assessment surveys are available respond to wildland fires (CAL FIRE recreational, scientific, or educational for other M. stoneana occurrences on 2011a, p. 1). Because of these types of purposes constitutes a threat to this Otay Mountain or near Tecate Peak, we cooperative efforts, fire engines and species, either now or in the foreseeable would expect the results to be similar to crews from many different agencies may future. those from the Marron Valley and Otay respond at the scene of an emergency C. Disease or Predation Lakes occurrences, as they occur in the (CAL FIRE 2011a, p. 1); however, CAL same or similar habitat types (SANDAG FIRE typically takes the lead with regard Neither disease nor predation was 1995). to planning for megafire prevention, known to be a threat affecting Zedler et al. (1983, p. 816) concluded management, and suppression, and CAL Monardella linoides ssp. viminea (63 FR that short-interval fires on Otay FIRE is in charge of incident command 54938; October 13, 1998) at the time of Mountain will lead to an increase in during a wildfire. listing. Data from the CNDDB (CNDDB herbs and subshrubs given their The San Diego County Fire Authority 2010b) list grazing as a potential threat observation that the ‘‘common pattern (SDCFA), local governments, and CAL for the M. stoneana occurrence located after chaparral fires, like that of 1979 FIRE cooperatively protect 1.42 million on the Otay Ranch Preserve (EO 4). [on Otay Mountain], is for native and ac (0.6 million ha) of land with 54 fire However, we have no other information introduced annual herbs to dominate for stations throughout San Diego County quantifying the extent of this grazing the 1st yr and then gradually decline as (County of San Diego 2011b, p. 1). and its impact on this occurrence. the cover of shrub and subshrubs Wildfire management plans and Therefore, based on the best available

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scientific and commercial information, avoided, and any irreversible or within the Otay Mountain Wilderness. neither disease nor herbivory irretrievable commitments of resources The Otay Mountain Wilderness Act constitutes a threat to M. stoneana, involved (40 CFR 1502). NEPA itself is provides that the Otay Mountain either now or in the foreseeable future. a disclosure law that provides an designated wilderness area (i.e., Otay opportunity for the public to submit Mountain Wilderness; 18,500 ac (7,486 D. The Inadequacy of Existing comments on a particular project and ha)) will be managed in accordance with Regulatory Mechanisms propose other conservation measures the provisions of the Wilderness Act of At the time of listing, regulatory that may directly benefit listed species; 1964 (16 U.S.C. 1131 et seq.). The mechanisms identified as providing however, it does not impose substantive Wilderness Act of 1964 strictly limits some level of protection for Monardella environmental mitigation obligations on the use of wilderness areas, imposing linoides ssp. viminea included: (1) The Federal agencies. Any such measures restrictions on vehicle use, new Act in cases where M. linoides ssp. are typically voluntary in nature and are developments, chainsaws, mountain viminea co-occurred with a Federally not required by the statute. Activities on bikes, leasing, and mining, in order to listed species; (2) California Endangered non-Federal lands are also subject to protect the natural habitats of the areas, Species Act (CESA), as the species was NEPA if there is a Federal nexus. maintain species diversity, and enhance biological values. Lands acquired by listed as endangered in California in Wilderness Act and Federal Land Policy BLM within the Otay Mountain 1979; (3) the California Environmental and Management Act Quality Act (CEQA); (4) implementation Wilderness boundaries become part of of conservation plans pursuant to Monardella stoneana is a BLM- the designated wilderness area and are California’s Natural Community designated sensitive species (BLM 2010, managed in accordance with all Conservation Planning Act; (5) local p. 8). BLM-designated sensitive species provisions of the Wilderness Act and laws and regulations; and (6) are those species requiring special regulations pertaining to the Wilderness enforcement of Mexican laws (63 FR management consideration to promote Act. 54938; October 13, 1998). The listing their conservation and reduce the The Memorandum of Understanding rule provided an analysis of the likelihood and need for future listing (MOU) between the Service, the BLM, potential level of protection provided by under the Act. This status makes the County of San Diego, the City of San these regulatory mechanisms (63 FR conservation of M. stoneana a Diego, SANDAG, and the CDFG, was 54938; October 13, 1998). With the management priority in the Otay issued in 1994 in conjunction with the proposed separation of M. viminea from Mountain Wilderness, in which development of the County of San Diego M. stoneana, we have re-evaluated approximately 34 percent of M. Subarea Plan under the MSCP for current protective regulatory stoneana occurs. cooperation in habitat conservation The Federal Land Policy and mechanisms for M. stoneana, as planning and management (BLM 1994, Management Act of 1976 (FLPMA) (43 discussed below. However, as with M. pp. 1–8), and applies to the Otay U.S.C. 1701 et seq.) governs the viminea, protections afforded to M. Mountain Wilderness because it falls management of public lands under the stoneana under the Act as part of M. entirely within the boundary of this jurisdiction of the BLM. The legislative linoides ssp. viminea, the currently subarea plan. The MOU (BLM 1994, p. goals of FLPMA are to establish public listed entity, would continue to apply 3) details BLM’s commitment to manage land policy; to establish guidelines for only if we determine to retain listed lands to ‘‘conform with’’ the County of its [BLM’s] administration; and to status for M. stoneana. Therefore, for San Diego Subarea Plan, which in turn provide for the management, protection, purposes of our analysis, we do not requires protection of M. stoneana (see development, and enhancement of the Habitat Conservation Plans section include the Act as an existing regulatory public lands. While FLPMA generally mechanism that protects M. stoneana. below). Additionally, pursuant to the directs that public lands be managed on MOU, private lands acquired by BLM We do note that M. stoneana would the basis of multiple use, the statute also likely continue to receive protection will be evaluated for inclusion within directs that such lands be managed to the designated wilderness area, and if indirectly through habitat conservation ‘‘protect the quality of scientific, scenic, plans approved under section 10 of the the lands do not meet wilderness historical, ecological, environmental, air qualifications, these lands would be Act and Natural Community and atmospheric, water resource, and Conservation Plans (NCCPs) approved included in the MSCP conservation archeological values; * * * [ to] system (BLM 1994, p. 3). Therefore, under the State of California that will preserve and protect certain public protections provided by the County of cover M. stoneana even if the species is lands in their natural condition; [and to] San Diego Subarea Plan under the not Federally listed. * * * provide food and habitat for fish MSCP (see Habitat Conservation Plans Federal Regulations and wildlife * * * .’’ (43 U.S.C. section below) also apply to the Otay 1701(a)(8)). Although the BLM has a National Environmental Policy Act Mountain Wilderness. multiple-use mandate under the FLPMA Protections for Monardella stoneana (NEPA) which allows for grazing, mining, and are also included in the BLM’s draft of All Federal agencies are required to off-road vehicle use, the BLM also has the South Coast Resource Management adhere to the National Environmental the ability under the FLPMA to Plan (SCRMP). Fire management Policy Act (NEPA) of 1970 for projects establish and implement special activities occur on Otay Mountain as they fund, authorize, or carry out. The management areas such as Areas of part of the BLM’s current (1994) South Council on Environmental Quality’s Critical Environmental Concern, Coast Resource Management Plan. In regulations for implementing NEPA (40 wilderness areas, research areas, and so addition, at some point in the future on CFR 1500–1518) state that in their forth. BLM’s South Coast Resource an as-needed basis, additional brush environmental impact statements Management Plan covers the San Diego clearing and other fuels modifications, agencies shall include a discussion on County area. including burning, may occur. the environmental impacts of the The Otay Mountain Wilderness Act The BLM is collaborating with the various project alternatives (including (1999) (Pub. L. 106–145) and BLM Service to revise the South Coast the proposed action), any adverse management policies provide protection Resource Management Plan, which environmental effects which cannot be for all Monardella stoneana occurring covers the Otay Mountain Wilderness.

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The draft revised plan specifically and include impacts to biological Regional NCCPs provide protection to includes a goal of restoring fire resources such as candidate, sensitive, Federally listed species by conserving frequency to 50 years through fire or special status species in local or native habitats upon which the species prevention or suppression and regional plans, policies, or regulations, depend. Many NCCPs are developed in prescribed burns; once an area has not or by the CDFG or the Service; or any conjunction with HCPs prepared burned for 50 years, the plan allows for riparian habitat or other sensitive pursuant to the Act. The City and annual prescribed burning of up to 500 natural community identified in local or County of San Diego Subarea Plans ac (200 ha) in the Otay Mountain regional plans, policies, regulations or under the MSCP are discussed below Wilderness (BLM 2010, pp. 4–171—4– by the CDFG or Service (CEQA under the discussion of the Act. Handbook, Appendix G, 2010). Defining 172). We believe the management San Diego Multiple Species these significance thresholds helps regime undertaken by BLM under the Conservation Plan (MSCP) SCRMP is adequate to protect the ensure a ‘‘rational basis for significance species and its habitat from the threat of determinations’’ and provides support Monardella linoides ssp. viminea is a type conversion due to frequent fire for the final determination and covered species under the San Diego (Factor A). appropriate revisions or mitigation Multiple Species Conservation Program actions to a project in order to develop (MSCP) (City of San Diego 1997, Table State and Local Regulations a mitigated negative declaration rather 3–5). The most recent revision of the Native Plant Protection Act (NPPA) and than an Environmental Impact Report Rare Plant Monitoring Review lists M. California Endangered Species Act (Governor’s Office of Planning and stoneana as a covered species and (CESA) Research, 1994, p. 5). Under CEQA, recognized narrow endemic (McEachern projects may move forward if there is a et al. 2007, p. 33). The MSCP is a Under provisions of NPPA (Division statement of overriding consideration. If regional conservation plan covering 2, chapter 10 section 1900 et seq. of the significant effects are identified, the 582,000 acres in southwestern San CFG code) and CESA (Division 3, lead agency has the option of requiring Diego County and is designed to protect chapter 1.5, section 2050 et seq. of the mitigation through changes in the sensitive species and habitats within the CFG code), the CDFG Commission listed project or to decide that overriding boundaries of the plan. The MSCP Monardella linoides ssp. viminea as considerations make mitigation covers 582,243 ac (235,625 ha) and 12 endangered in 1979. Currently, the State infeasible (CEQA section 21002). jurisdictions. Each jurisdiction is of California recognizes the State-listed Protection of listed species through responsible for developing its own entity as M. viminea. No such CEQA is, therefore, dependent upon the subarea plan to implement the regional recognition is afforded M. stoneana discretion of the lead agency involved. MSCP within that jurisdiction. under CESA. Though not listed under Known occurrences of Monardella CESA, the CDFG does recognize M. Otay Mountain Ecological Reserve stoneana located within the City of San stoneana as a rare and imperiled plant Fifty-five percent of Monardella Diego Subarea Plan under the MSCP (lists S1.2 and 1B.2). stoneana occurrences are found on the include the occurrence just east of California Environmental Quality Act Otay Mountain Ecological Reserve, Buschalaugh Cove on the lower Otay (CEQA) which is owned by the State of Reservoir (EO 5) and a portion of the California and managed by CDFG. The occurrence in an unnamed tributary of The California Environmental Quality Reserve is managed in a manner Cottonwood Creek east of Marron Valley Act (CEQA) (Public Resources Code consistent with protections applying to (EO 6). The City of San Diego MSCP 21000–21177) and the CEQA Guidelines the Otay Mountain Wilderness Area (T. Subarea Plan requires preservation of (California Code of Regulations, Title Nelson 2011, pers. comm.). In the case 100 percent of the occurrences on city- 14, Division 6, Chapter 3, Sections of Otay Mountain Ecological Reserve, owned lands in the Otay area. City- 15000–15387) requires State and local those measures include protection from owned lands represent a total of 7 agencies to identify the significant development, watershed alteration, and percent of habitat for the species. environmental impacts of their actions fire management. Fire management Additional impact avoidance and other and to avoid or mitigate those impacts, prevents stress on M. stoneana habitat measures are required under the City’s if feasible. CEQA applies to projects due to type conversion caused by too plan to protect narrow endemic species, proposed to be undertaken or requiring frequent fires (Factor A). such as M. stoneana, and the subarea approval by State and local government plan includes area-specific management agencies, and the lead agency must The Natural Community Conservation directives designed to maintain long- complete the environmental review Planning (NCCP) Act term survival in the planning area process required by CEQA, including The NCCP program is a cooperative (Service 1997, pp. 104–105). Under the conducting an Initial Study to identify effort between the State of California City of San Diego Subarea Plan, impacts the environmental impacts of the project and numerous private and public to narrow endemic plants, including M. and determine whether the identified partners with the goal of protecting stoneana, inside the MHPA (Multi- impacts are significant; if significant habitats and species. An NCCP Habitat Protection Area) will be impacts are determined, then an identifies and provides for the regional avoided. Additionally, the City has Environmental Impact Report must be or area-wide protection of plants, completed a fire management plan for prepared to provide State and local animals, and their habitats, while the Marron Valley area. This plan agencies and the general public with allowing compatible and appropriate outlines as major goals the reduction of detailed information on the potentially economic activity. The program began too-short fire return intervals. It also significant environmental effects in 1991 under the State’s NCCP Act provides for protection of native plant (California Environmental Resources (CFG Code 2800–2835). The primary community structure and biodiversity, Evaluation System, 2010). ‘‘Thresholds objective of the NCCP program is to including protection for M. stoneana of Significance’’ are comprehensive conserve natural communities at the and the canyon where it is found (EO 1) criteria used to define environmentally ecosystem scale while accommodating (Tierra Data 2006, pp. 4–1–4–2). significant impacts based on compatible land uses (http:// The County of San Diego Subarea quantitative and qualitative standards www.dfg.ca.gov/habcon/nccp/). Plan covers 252,132 ac (102,035 ha) in

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the southwestern portion of the viable population of sensitive species and local regulatory mechanisms help to County’s unincorporated lands, and is (such as M. stoneana), are critical to the reduce wildfire impacts, primarily to implemented in part by the Biological proper functioning of a balanced natural property and human safety; they do not Mitigation Ordinance (BMO). As ecosystem, or serve as a functioning adequately protect M. stoneana from discussed in the Wilderness Act and wildlife corridor (County of San Diego, direct mortality caused by megafires. Federal Land Policy and Management 2007, p. 3). They can include areas that However, the impact of megafire on Act section above, protections provided contain maritime succulent scrub, wildlands is not a threat that is by the County of San Diego Subarea southern coastal bluff scrub, coastal and susceptible to elimination by regulatory Plan under the MSCP also apply to the desert dunes, calcicolous scrub, and mechanisms. Therefore, we do not find Otay Mountain Wilderness, and thus are maritime chaparral, among others. existing regulations inadequate to discussed here. The County of San Impacts to RPO sensitive habitat lands protect M. stoneana, now or in the Diego Subarea plan outlines the specific are only allowed when all feasible foreseeable future. criteria and requirements for projects measures have been applied to reduce within the MSCP subarea plan’s impacts and when mitigation provides E. Other Natural or Manmade Factors boundaries to alleviate threats from an equal or greater benefit to the Affecting Its Continued Existence development and increased fire affected species (County of San Diego, Trampling frequency (see MSCP, County of San 2007, p. 13). Trampling was identified as a threat Diego Subarea Plan (2007) and County Summary of Factor D to Monardella linoides ssp. viminea in of San Diego Biological Mitigation the original listing rule (63 FR 54938; Ordinance (Ord. Nos. 8845, 9246) 1998). On City and County lands occupied October 13, 1998). Trampling by The BMO requires that all impacts to by Monardella stoneana or containing narrow endemic plant species, its habitat, we believe the County of San pedestrians may result in damage or including Monardella stoneana, be Diego Resource Protection Ordinance, death to M. stoneana plants. The City of avoided to the maximum extent the Biological Mitigation Ordinance, San Diego MSCP previously identified practicable (City of San Diego 2007, p. and the Subarea plans for the City and Off-Highway Vehicle (OHV) activity and 11). All projects within the County’s County of San Diego provide disturbance from illegal immigrant MSCP subarea plan boundaries must mechanisms to conserve M. stoneana in activity as a major management issue comply with both the MSCP association with new development or (City of San Diego 1997, p. 52). All M. requirements and the County’s policies other proposed projects, and they stoneana clusters occur in close under CEQA. provide mechanisms for the creation of proximity to the Mexico border, where The private land on Otay Mountain biological reserves. The County of San historically many illegal immigrants where Monardella stoneana is known to Diego subarea plan provides protective cross on foot. Monitoring reports occur is part of Otay Ranch; this land is mechanisms for the small percentage of previously noted immigrant trails zoned as ‘‘Open Space’’ by the County of M. stoneana on private land for new through M. stoneana habitat at the Otay San Diego and identified as part of the development or other proposed projects, Lakes location (City of San Diego 2006, County of San Diego’s preserve for the and includes provisions for monitoring p. 8). However, the recent border fence MSCP. Only 4 percent of M. stoneana and management through development construction and other enforcement habitat occurs on private land. This land of location-specific management plans. activities in the Otay Mountain is also covered by the Otay Ranch Phase Unlike for habitat containing M. Wilderness area have reduced illegal 2 Resource Management Plan (Otay viminea, the City of San Diego has immigrant traffic (Ford 2010, p. 1), and Ranch 2002), approved by the County in developed final monitoring and thus potential impacts of trampling at 2002. This plan provides for the phased management plans for M. stoneana. the Otay Lakes, Marron Valley, and Otay conservation and development of lands Conservation measures addressing Mountain locations. So while there may in southern San Diego County. A large stressors from type conversion due to be some impacts due to trampling to portion of land is identified for frequent fire are thus identified, and are individual plants, it is unlikely to occur conservation and will be dedicated as being carried out at the Marron Valley at levels that would affect the status of associated development occurs. The occurrence, which is the only city- the species. Based on the best scientific Otay Ranch Phase 2 Management Plan owned land where M. stoneana is information, we believe that trampling provides protection for 100 percent of extant. However, as only a small (human disturbance activities) does not M. stoneana occurring on the preserve percentage of M. stoneana occurs on pose a significant risk to the persistence (Otay Ranch 2002, p. 144) and includes city-owned lands, these actions on their of M. stoneana now or in the foreseeable provisions to manage the 4 percent of M. own, although providing a benefit to the future. one occurrence on city-owned land, are stoneana habitat that is on private land Nonnative Plant Species in a way that will benefit this species not enough to protect the species as a (Otay Ranch 2002, pp. 18–19, 52–53). whole. The listing rule identifies nonnative Additionally, the County of San Diego On land owned and managed by the plants as a threat to Monardella linoides Resource Protection Ordinance (RPO) CDFG and BLM, which contain ssp. viminea (63 FR 54938; October 13, (County of San Diego 2007) applies to approximately 88 percent of all 1998). San Diego County habitats have unincorporated lands in the County, occurrences of Monardella stoneana, been altered by invasion of nonnative both within and outside of the MSCP fire management is provided by CAL species (Soule et al. 1992, p. 43). subarea plan boundaries. The RPO FIRE, and further protection of natural Nonnative grasses, which frequently identifies restrictions on development to resources on state lands is provided by grow more quickly than native species, reduce or eliminate impacts to natural management conducted consistent with can smother seedling and mature M. resources, including wetlands, wetland the Wilderness Act. viminea and prevent natural growth buffers, floodplains, steep slope lands, Based on our review of the best (Rebman and Dossey 2006a, p. 12). The and sensitive habitat lands. Sensitive available scientific and commercial same effect is likely for M. stoneana. habitat lands are those that support information, we conclude M. stoneana Monitors for the City of San Diego unique vegetation communities or those is not threatened by inadequate existing MSCP recorded invasive plants at the that either are necessary to support a regulatory mechanisms. Federal, State, Marron Valley location in the 2008 and

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2009 survey reports (City of San Diego border. Based on information in our one of those seven occurrences has 2008, p. 2; City of San Diego 2009, p. 1). files, these are the only occurrences in since been extirpated (EO 5). At the Otay Lakes location, the invasive Mexico of which we are aware. Monardella stoneana has not plant tamarisk was documented in 2006 However, suitable habitat and landscape experienced a significant population (City of San Diego 2006, p. 8), and conditions exist in Mexico, close to the decline since listing, nor have multiple nonnative grasses were documented in current range of the species in the occurrences been extirpated. One of two 2008 and 2009 (City of San Diego 2008, United States. occurrences monitored by the City of p. 2; City of San Diego 2009, p. 2). Of the 20 known occurrences of San Diego (EO 1) has remained stable However, despite the presence of Monardella linoides ssp. viminea at the throughout the past decade of nonnative plants in the range of time of listing, only 2 were later monitoring, though one occurrence (EO Monardella stoneana, monitoring considered to be M. stoneana. 5) containing one clump was extirpated reports have not recorded the same level Subsequent surveys have identified (although the EO 5 occurrence of invasion by nonnative grasses that additional occurrences, and M. stoneana contained a maximum of only two has occurred in the vicinity of M. is currently known from approximately clumps since monitoring began in viminea. As discussed under Factor A, eight occurrences in the Otay Mountains 2000). This is in contrast to M. viminea, the percent ground cover of nonnative area (CNDDB 2010b). The number of which has experienced a loss of several and native plant species has increased plants in Mexico is unknown and has populations since listing. Consequently, between 2008 and 2010 at both Otay been minimally investigated. Plants the fact that this species is rare and has Lakes and Marron Valley. Additionally, across the border in Mexico are visible small populations does not indicate that the number of individual plants of M. from at least two occurrences south of it is in danger of extinction now or in stoneana at Marron Valley has not Otay Mountain, but these occurrences the foreseeable future. Therefore, though changed since 2006 (City of San Diego have not been formally surveyed. small population size may pose a threat 2006, p. 1; City of San Diego 2008, p. 1; Additionally, the most recent survey for to M. stoneana, it is not alone enough City of San Diego 2009, p. 1; City of San this area was in 2005 (CNDDB 2010a), to cause the extinction of the species Diego 2010, p. 11). These observations so the continued existence of these within the foreseeable future. are consistent with the observation of Mexico occurrences and the number of Minnich and Bahre (1995, p. 17) that clumps present cannot be confirmed. Fire generally, the ground cover of all Any decrease in occurrences may As discussed under Factor E for herbaceous plants, including that of result in decreased reproductive Monardella viminea, fire can impact nonnative grasses, was absent or opportunities and genetic exchange individual plants. This is especially true consisted of thinly scattered plants between canyons through pollination. of megafire events that cannot be within the chaparral along the However, effects from this threat may be controlled or ameliorated through California-Baja California boundary. less severe if more occurrences exist in management efforts. A narrow endemic Furthermore, these monitored Mexico than are currently known. such as M. stoneana could be especially occurrences have not undergone the However, we do not consider small sensitive to megafire events. One large same increase in nonnative vegetation population size alone sufficient to meet fire could impact all or a large recorded at M. viminea occurrences in the information threshold indicating proportion of the entire area where the Sycamore Canyon and on MCAS that the species warrants listing. In the species is found, as occurred for M. Miramar. Therefore, based on the best absence of information identifying viminea in the 2003 Cedar fire. available scientific information, we find threats to the species and linking those However, as discussed in Factor E for M. that nonnative species do not constitute threats to the rarity of the species, the viminea, the decline of the burned a threat to the continued existence of M. Service does not consider rarity or small occurrences of M. viminea was not as stoneana. populations alone to be a threat. For severe as initially expected. We expect example, the habitat supporting M. that M. stoneana would experience the Small Population Size viminea faces significant threats from same ability to sprout from the roots, as The original listing rule identified the the impacts of fire, altered hydrologic it is closely related to M. viminea. restricted range and small population regimes, and competition with Furthermore, despite the increased size of Monardella linoides ssp. viminea nonnative plants. As discussed above, frequency of fire, M. stoneana has as a threat as it increases the possibility M. stoneana does not face such threats. persisted through all large fires in the of extinction due to chance events such A species that has always had small region. The GIS fire boundaries show as floods, fires, or drought, outside the population sizes or been rare, yet that each occurrence of M. stoneana has natural variability of the ecosystem (63 continues to survive, is likely well been burned at least once in the past FR 54938; October 13, 1998; Lande equipped to continue to exist into the decade. In the past two decades, 8 of 9 1993, p. 912). With the split of M. future. Many naturally rare species have EOs burned two or more times, and 4 linoides ssp. viminea into two entities, persisted for long periods within small occurrences burned three or more times. the magnitude of this threat would geographic areas, and many naturally The only reports of damage are from EO likely increase; however, we note that rare species exhibit traits that allow 5, which lost its one remaining plant, several additional M. stoneana them to persist despite their small and EO 4, which was ‘‘damaged’’ in a occurrences have been discovered. population sizes. Monardella stoneana recent (unspecified) fire, but not Similarly, Prince (2009, p. 2) suggests appears to have persisted for over two extirpated (CNDDB 2010b). In the that multiple undiscovered occurrences decades in the two occurrences known occasion that a fire impacts all of the of M. stoneana may exist in the vicinity since the 1970s and 1980s, respectively occurrences, we anticipate that the of Tecate Peak. This area has not been (CNDDB 2010b; EOs 1 and 4); this is in effects to M. stoneana individuals extensively surveyed, as it is difficult to contrast to M. viminea occurrences, would be comparable to M. viminea, access. Additional habitat may exist in many of which have undergone where the best available information Mexico; however, we are unaware of population declines during the same show individuals are recovering from any surveys confirming the presence or time period. The other seven having 98 percent of the occurrences on absence of M. stoneana in Mexico, apart occurrences were discovered in 2003 or MCAS Miramar being burned in the from plants seen directly across the later, so long-term data are not available; 2003 Cedar Fire.

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Given the increased frequency of moisture and transportation of Therefore, we do not consider global megafires within Southern California sediments by downstream flow have climate change a current threat to M. ecosystems, and the inability of been identified as key habitat features stoneana, either now or in the regulatory mechanisms to prevent or required by M. stoneana. The species is foreseeable future. control megafire, we find that megafire characterized as being associated with Summary of Factor E does have the potential to impact areas of standing water after rainfall occurrences of Monardella stoneana. (Elvin and Sanders 2003, p. 426). We found no evidence that other However, given the species’ persistence Monitors for the City of San Diego have natural or manmade factors pose a through past fires, and the ability of a observed decreased plant health and significant threat to M. stoneana. Based closely related species to recover from increased dormancy of Monardella on a review of the best available direct impact by fires, we do not expect species in years with low rainfall (City scientific and commercial data, that megafire is a significant threat to of San Diego 2003, p. 3; City of San trampling and nonnative invasive plant individual M. stoneana plants now, nor Diego 2004, p. 3). Specific analyses of species are not a significant threat. We is likely to become a threat in the population trends as correlated to conclude based on the best available foreseeable future. rainfall are difficult due to inconsistent scientific information that M. stoneana plant count methods (City of San Diego could be affected temporarily by fire Climate Change 2004, p. 67). impacts associated with the death of As noted above in our status While drier conditions associated individual plants; however, we do not determination for Monardella viminea, a with climate change may result in consider this a threat to the continued broad consensus exists among scientists increased fire frequency within some existence of the species. Small that the earth is in a warming trend plant communities as discussed under population size could exacerbate other caused by anthropogenic greenhouse Factor A, the effect of more arid threats, but as there are none, this is not gases such as carbon dioxide (IPCC conditions is not known on chaparral, a factor; small population size in itself 2007). Researchers have documented the plant community associated with does not cause M. stoneana to be climate-related changes in California Monardella stoneana. According to warranted for listing. In addition, BLM (Croke et al. 1998, pp. 2128, 2130; Minnich and Bahre (1997, p. 20), fires conducts ongoing management that Breshears et al. 2005, p. 15144). in the chaparral of northern Baja provides a benefit to M. stoneana. Predictions for California indicate California, Mexico, are smaller and Finally, with regard to the direct and prolonged drought and other climate- more frequent than those observed indirect effects of climate change on related changes will continue in the across the border in southern California. individual M. stoneana plants, we have future (e.g., Field et al. 1999, pp. 8–10; Nonetheless, despite these differences no information at this point to Lenihen et al. 2003, p. 1667; Hayhoe et in the present fire regimes within demonstrate that predicted climate al. 2004, p. 12422; Breshears et al. 2005, chaparral in California and Mexico, changes pose a significant threat to the p. 15144; Seager et al. 2007, p. 1181; Minnich and Bahre (1997, p. 20) species now or in the foreseeable future. IPCC 2007, p. 9). Models are not yet concluded that their ‘‘repeat Proposed Determination—Monardella powerful enough to predict what will photographs of the monument markers, stoneana happen in localized regions such as field samples, repeat aerial southern California and northern Baja photography, and fire history maps We have carefully assessed the best California, but many scientists believe show that chaparral succession is scientific and commercial information warmer, wetter winters and warmer, similar across the international available regarding the past, present, drier summers will occur within the boundary between Jacumba [in and future threats to Monardella next century (Field et al. 1999, pp. 2– California] and Tecate [in Mexico] and stoneana. Unlike M. viminea, M. 3, 20). The impacts on species like M. that chaparral succession along the stoneana has not undergone a dramatic stoneana, which depend on specific border is similar to that found elsewhere decline in population size. While hydrological regimes, may be more in California.’’ Except for a statistically megafire and small population size may severe (Graham 1997, p. 2). significant correlation that early autumn impact M. stoneana, these factors do not Since approximately the time of rains cut short the fire season at its pose a threat to the continued existence listing in 1998, an extended drought in peak, Keeley and Fotheringham (2003, of the species. Apart from those factors, the region (San Diego County Water p. 235) did not find patterns between we found no significant threats to M. Authority 2010, p. 2) created unusually rainfall and burning for chaparral and stoneana related to Factors A, B, C, D, dry habitat conditions. From 2000 to coastal sage shrublands. As a result, or E, as described above. We find that 2009, at one of the closer precipitation increased aridity may have little effect the best available information for Factor gauges to the Monardella stoneana on chaparral. A (The Present or Threatened occurrences (Lake Cuyamaca, San Diego Preliminary information for Destruction, Modification, or County, California), 8 of 10 years had Monardella stoneana does show that the Curtailment of Its Habitat or Range), precipitation significantly below normal effects of climate change on chaparral including information on the potential (San Diego County Water Authority may be less than the effects on coastal effects of urban development, sand and 2010, p. 2). This extended drought has sage scrub (see Climate Change section gravel mining, type conversion due to cumulatively affected moisture regimes, for M. viminea above). While we frequent fire, and altered hydrology, riparian habitat, and vegetative recognize that climate change and indicates that listing M. stoneana as conditions in and around suitable increased drought associated with endangered or threatened under the Act habitat for M. stoneana, increasing the climate change are important issues is not warranted based on the present or stress on individual plants. As stated with potential effects to listed species threatened destruction, modification, or above, future climate changes may lead and their habitats, the best available curtailment of its habitat or range. To to similar, if not more severe, scientific evidence does not give the extent that M. stoneana may be conditions. specific evidence for us to formulate experiencing localized impacts, analysis The predicted drought could impact accurate predictions regarding climate of recent and current surveys of M. the dynamics of the streambeds where change’s effects to particular species, stoneana habitat in the Otay Mountain Monardella stoneana grows. Soil including M. stoneana, at this time. locations indicate that its habitat is

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under protective status and remains in this rule for information on where to critical habitat. The designation of relatively good condition, with active submit your comments and materials critical habitat does not affect land management and monitoring activities. concerning this proposed rule. ownership or establish a refuge, We found no available information wilderness, reserve, preserve, or other Critical Habitat—Monardella viminea concerning Factors B (Overutilization) conservation area. Such designation and C (Disease or Predation) to indicate Due to the taxonomic split of does not allow the government or public that listing M. stoneana as endangered Monardella linoides ssp. viminea into to access private lands. Such or threatened under the Act is two distinct taxa (Monardella viminea designation does not require warranted. We find that the best (willowy monardella) and Monardella implementation of restoration, recovery, available information concerning Factor stoneana (Jennifer’s monardella); see or enhancement measures by non- D (Inadequacy of Existing Regulatory Taxonomic and Nomenclatural Changes Federal landowners. Where a landowner Mechanisms) indicates that listing the Affecting Monardella linoides ssp. seeks or requests Federal agency M. stoneana as endangered or viminea section above), and our funding or authorization for an action threatened under the Act is not conclusions that M. viminea is that may affect a listed species or warranted based on inadequacy of endangered and M. stoneana is not critical habitat, the consultation existing regulations. We find that the warranted for listing, we are proposing requirements of section 7(a)(2) would best available information concerning revising critical habitat for M. viminea. apply, but even in the event of a Factor E (Other Natural or Manmade If we subsequently determine based on destruction or adverse modification Factors Affecting Its Continued the best available information that M. finding, the obligation of the Federal Existence) indicates that trampling and stoneana should be listed, we will action agency and the landowner is not nonnative plants are not currently propose critical habitat, if prudent, for to restore or recover the species, but to threats to the continued existence of M. M. stoneana. implement reasonable and prudent alternatives to avoid destruction or stoneana, nor are they expected to be in Background the foreseeable future. We do not adverse modification of critical habitat. consider M. stoneana’s small population Critical habitat is defined in section 3 For inclusion in a critical habitat size in and of itself a threat such that the of the Act as: designation, the habitat within the species warrants listing, nor is it (1) The specific areas within the geographical area occupied by the expected to be in the foreseeable future. geographical area occupied by the species at the time it was listed must A species like M. stoneana that has species, at the time it is listed in contain physical and biological features always had small population sizes or accordance with the Act, on which are which are essential to the conservation been rare, yet continues to survive, is found those physical or biological of the species and which may require likely well equipped to continue to exist features: special management considerations or (a) Essential to the conservation of the into the future. Additionally, unlike M. protection. Critical habitat designations species and viminea, M. stoneana has not undergone identify, to the extent known using the (b) That may require special best scientific and commercial data a dramatic decline in population size. management considerations or We have no information to demonstrate available, those physical and biological protection; and features that are essential to the that predicted climate changes will (2) Specific areas outside the result in a significant threat to the conservation of the species (such as geographical area occupied by the space, food, cover, and protected species now or in the foreseeable future. species at the time it is listed, upon a habitat), focusing on the principal Even though M. stoneana could be determination that such areas are biological or physical constituent affected by megafire, we do not believe essential for the conservation of the elements (primary constituent elements) that megafire poses a significant threat species. within an area that are essential to the to the existence of the species now or Conservation, as defined under conservation of the species (such as in the foreseeable future. section 3 of the Act, means to use and roost sites, nesting grounds, seasonal In conclusion, we have carefully the use of all methods and procedures wetlands, water quality, tide, soil type). assessed the best scientific and that are necessary to bring an Primary constituent elements are the commercial information available endangered or threatened species to the elements of physical and biological regarding the past, present, and future point at which the measures provided features that are essential to the threats faced by Monardella stoneana. pursuant to the Act are no longer conservation of the species. Our review of the information necessary. Such methods and Under the Act, we can designate pertaining to the five threat factors does procedures include, but are not limited critical habitat in areas outside the not support a conclusion that threats of to, all activities associated with geographical area occupied by the sufficient imminence, intensity, or scientific resources management such as species at the time it is listed, upon a magnitude exist—either singly or in research, census, law enforcement, determination that such areas are combination—to the extent that the habitat acquisition and maintenance, essential for the conservation of the species is in danger of extinction, or propagation, live trapping, and species. We designate critical habitat in likely to become so within the transplantation, and, in the areas outside the geographical area foreseeable future, throughout all or a extraordinary case where population occupied by a species only when a significant portion of its range. pressures within a given ecosystem designation limited to its range would Therefore, based on the best available cannot be otherwise relieved, may be inadequate to ensure the scientific information, we find M. include regulated taking. conservation of the species. When the stoneana does not warrant listing at this Critical habitat receives protection best available scientific data do not time. However, if we receive new under section 7 of the Act through the demonstrate that the conservation needs information that alters our analysis, we requirement that Federal agencies of the species require such additional will revisit and re-evaluate the status of insure, in consultation with the Service, areas, we will not designate critical M. stoneana. We are specifically seeking that any action they authorize, fund, or habitat in areas outside the geographical public comment on this determination. carry out is not likely to result in the area occupied by the species at the time Please refer to the ADDRESSES section of destruction or adverse modification of of listing. An area currently occupied by

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the species, but that was not occupied habitat for this species to address the (4) Sites for breeding, reproduction, or at the time of listing may, however, be effects of climate change. rearing (or development) of offspring; essential to the conservation of the We recognize that critical habitat and species and may be included in the designated at a particular point in time (5) Habitats that are protected from critical habitat designation. may not include all of the habitat areas disturbance or are representative of the Section 4 of the Act requires that we that we may later determine are historical, geographical, and ecological designate critical habitat on the basis of necessary for the recovery of the distributions of a species. the best scientific and commercial data species. For these reasons, a critical We derive the specific physical and available. Further, our Policy on habitat designation does not signal that biological features required for Information Standards Under the habitat outside the designated area is Monardella viminea from studies of this Endangered Species Act (published in unimportant or may not be required for species’ habitat, ecology, and life history the Federal Register on July 1, 1994 (59 recovery of the species. Areas that are as described below. We also reviewed FR 34271)), the Information Quality Act important to the conservation of the monitoring reports from private firms, (section 515 of the Treasury and General species, both inside and outside the the City of San Diego, Friends of Los Government Appropriations Act for critical habitat designation, will Pen˜ asquitos Canyon, the Service, and Fiscal Year 2001 (Pub. L. 106–554; H.R. continue to be subject to: (1) MCAS Miramar; technical reports; the 5658)), and our associated Information Conservation actions implemented CNDDB (CNDDB 2010a, EOs 1–31.); Quality Guidelines, provide criteria, under section 7(a)(1) of the Act, (2) Geographic Information System (GIS) establish procedures, and provide regulatory protections afforded by the data (such as species occurrence data, guidance to ensure our decisions are requirement in section 7(a)(2) of the Act soil data, land use, topography, aerial based on the best scientific data for Federal agencies to insure their imagery, and ownership maps); available. They require our biologists, to actions are not likely to jeopardize the correspondence to the Service from the extent consistent with the Act and continued existence of any endangered recognized experts; and other with the use of the best scientific data or threatened species, and (3) the information as available. Additional available, to use primary and original prohibitions of section 9 of the Act if information can be found in the final sources of information as the basis for actions occurring in these areas may listing rule published in the Federal recommendations to designate critical affect the species. Federally funded or Register on October 13, 1998 (63 FR habitat. When we are determining which areas permitted projects affecting listed 54938). should be designated as critical habitat, species outside their designated critical The primary constituent elements our primary source of information is habitat areas may still result in jeopardy required for Monardella viminea are generally the information developed findings in some cases. These derived from the physical and biological during the listing process for the protections and conservation tools will needs of this species as described in the species. Additional information sources continue to contribute to recovery of Background section for M. viminea in may include the recovery plan for the this species. Similarly, critical habitat the beginning of this proposal, the species, articles in peer-reviewed designations made on the basis of the previous critical habitat rule (71 FR journals, conservation plans developed best available information at the time of 65662; November 8, 2006), the final by States and counties, scientific status designation will not control the listing rule (63 FR 54938; October 13, surveys and studies, biological direction and substance of future 1998), and below. The areas in this assessments, the species’ most recent recovery plans, habitat conservation proposed critical habitat contain or 5-year Review, or other unpublished plans (HCPs), or other species support the soil types, potential insect materials and expert opinion or conservation planning efforts if new pollinators, and vegetation associated personal knowledge. information available at the time of with M. viminea occupancy, and Habitat is dynamic, and species may these planning efforts calls for a include areas adjacent to plants (or move from one area to another over different outcome. plant clumps) necessary to maintain time. Climate change will be a particular Proposed Critical Habitat Designation associated physical processes, such as challenge for biodiversity because the for Monardella viminea suitable hydrological regime, and biotic interaction of additional stressors associations, such as pollination. These associated with climate change and Physical and Biological Features areas provide suitable space, water, minerals, and other physiological needs current stressors may push species In accordance with sections 3(5)(A)(i) for reproduction and growth of M. beyond their ability to survive (Lovejoy and 4(b)(1)(A) of the Act and regulations viminea. We have determined that M. 2005, pp. 325–326). The information at 50 CFR 424.12, in determining which viminea requires the physical and currently available on the effects of areas within the geographical area global climate change and increasing biological features described below: occupied at the time of listing to temperatures does not make sufficiently designate as critical habitat, we consider Space for Individual and Population precise estimates of the location and the physical and biological features Growth and for Normal Behavior magnitude of the effects to enable us to essential to the conservation of the accurately predict its impacts on the Habitats that provide space for growth species which may require special narrow habitat range of Monardella and persistence of Monardella viminea management considerations or viminea, which is limited to the western include: (1) Washes in coastal sage protection. These include, but are not portion of central San Diego County. We scrub or riparian scrub vegetation; (2) limited to: are also not currently aware of any terraced secondary benches, channel climate change information specific to (1) Space for individual and banks, and stabilized sand bars; (3) soils the habitat of M. viminea that would population growth and for normal with a high content of coarse-grained indicate what areas may become behavior; sand and low content of silt and clay; important to the species in the future. (2) Food, water, air, light, minerals, or and (4) open ground cover, less than Therefore, we are unable to determine other nutritional or physiological half of which is herbaceous vegetation what additional areas, if any, may be requirements; cover (Scheid 1985, pp. 30–35; Service appropriate to include in the critical (3) Cover or shelter; 1998, p. 54938; Elvin and Sanders 2003,

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pp. 426, 430; Kelly and Burrascano therefore, suitable habitat for the species Open or semi-open rocky, sandy 2006, p. 51). is not dominated by herbaceous cover. alluvium on terraced floodplains, benches, stabilized sandbars, channel Food, Water, Air, Light, Minerals, or Sites for Breeding, Reproduction, and banks, and sandy washes along Other Nutritional or Physiological Rearing (or Development) of Offspring ephemeral streams, washes, and Requirements Monardella viminea is visited by floodplains are needed for individual Monardella viminea is most often numerous bees and butterflies, and is and population growth of Monardella found on the first above-water sandbar likely pollinated by a diverse array of viminea (Scheid 1985, pp. 30–31, 34– in intermittent streambeds, where water insects, each of which have their own 35). Within those areas, M. viminea runs for 24 to 48 hours after heavy rain habitat requirements (see Life History requires adequate sunlight to grow. events (Elvin and Sanders 2003, p. 430; section for M. viminea above); however, Woody overgrowth is common and can Kelly and Burrascano 2006, p. 51). It can we are currently unaware of which help to maintain adequate soil moisture, also be found within the streambed if insect species pollinate M. viminea. but areas crowded with herbaceous flow is infrequent enough and the soil Pollinators facilitate mixing of genes understory may not provide adequate is stable (Scheid 1985, pp. 3, 38–39). within and among plant populations, light for M. viminea. The most robust M. viminea individuals without which inbreeding and reduced The 2008 5-year review (Service 2008, tend to occur in wide, open canyons fitness may occur (Widen and Widen p. 7) concluded that Monardella with broad channels and secondary 1990, p. 191). Native sand wasps within viminea requires a natural hydrological benches, as opposed to narrow, graded the range of M. viminea, such as those regime to maintain or create suitable canyons (Kassebaum 2010, pers. from the Bembicine family, require habitat conditions. This hydrological comm.). sandy areas, such as dunes or sandy regime maintains the floodplains, Monardella viminea plants are found benches, and sandbars where M. on soil where subsurface layers stay washes, to nest, while solitary bees from relatively moist throughout the year and the Andrenidae family nest in upland viminea grows. Characteristics of where water accumulates after areas (Kelly and Burrascano 2001, p. 8). riparian channels and seasonal stream rainstorms, such as north-facing slopes Native bees typically are more efficient flow determine timing, pattern, and or canyon bottoms (Elvin and Sanders pollinators than introduced European depth of deposition of alluvial materials 2003, pp. 426, 430). Plants with honeybees (Javorek et al. 2002, p. 345). and formation of sandbars and channel inadequate soil moisture dry out during Therefore, populations serviced by a banks, which in turn determine location summer months and do not survive higher proportion of native pollinator of plants within the streambed, and (Kelly and Burrascano 2006, p. 5). The species are likely to maintain higher suitable habitat to support individuals species does not occur on soils that are reproductive output and persist for and clumps of M. viminea (Scheid 1985, permanently wet (Elvin and Sanders more generations than populations pp. 30–31 and 36–37). Decreases in 2003, p. 425). Monardella viminea served by fewer native pollinators or flows, which would otherwise scour occurrences have been lost from areas with pollination limitations of any kind annual grasses and seeds from the area, where wetter soils result in an increase (Javorek et al. 2002, p. 350). Pollinators result in increased cover of nonnative in density of surrounding vegetation also require space for individual and grasses, and decreased light and (Kelly and Burrascano 2001, p. 4). population growth; therefore, adequate moisture availability for M. viminea. Monardella viminea most generally habitat should be preserved for Rapidly growing nonnative grasses can occurs on soil types with high sand pollinators in addition to the habitat smother seedling and mature M. content, often characterized by sediment necessary for M. viminea plants. In this viminea and prevent natural growth and cobble deposited by flood events proposed critical habitat, we (Rebman and Dossey 2006a, p. 12). (Scheid 1985, p. 35; Rebman and Dossey acknowledge the importance of Additionally, increased flows can result 2006a, pp. 5–6). Natural Resources pollinators to M. viminea. However, we in erosion that may alter floodplains Conservation Service soil series where do not include pollinators and their and erode banks, channel bars, and M. viminea is known to occur includes habitats as a primary constituent sandy washes where M. viminea occurs (but may not be limited to): Stony Land, element (PCE), because: (1) Meaningful (Kelly and Burrascano 2006, pp. 65–69). data on specific pollinators and their Redding Gravelly Loam, Visalia Sandy Primary Constituent Elements Loam, and Riverwash (Rebman and habitat needs are lacking; and (2) we Dossey 2006a, p. 6). were not able to quantify the amount of Under the Act and its implementing habitat needed for pollinators, given the regulations, we are required to identify Cover or Shelter lack of information on the specific the physical and biological features Monardella viminea requires open to pollinators of M. viminea. essential to the conservation of Monardella viminea in areas occupied semi-open canopies of coastal sage and Habitats Protected From Disturbance or at the time of listing, focusing on the riparian scrub with limited herbaceous Representative of the Historical, features’ primary constituent elements. understory. Monardella viminea plants Geographical, and Ecological We consider primary constituent usually occur in areas with an average Distributions of the Species of 75 percent ground cover, of which elements to be the elements of physical approximately 65 percent is woody The long-term conservation of and biological features that are essential cover, and less than 10 percent is Monardella viminea is dependent on to the conservation of the species. herbaceous cover (Scheid 1985, pp. 32, several factors including, but not Based on our current knowledge of 37–38). Herbaceous cover, such as limited to, maintenance of areas the physical or biological features and annual grasses, can grow in greater necessary to sustain natural ecosystem habitat characteristics required to density than native riparian and components, functions, and processes sustain the species’ life-history chaparral species, and through resource (such as full sun exposure and natural processes, we determine that the competition and shading, herbaceous hydrologic regimes); and sufficient primary constituent element specific to cover would likely prevent natural adjacent suitable habitat for vegetative Monardella viminea is riparian channels growth and reproduction of M. viminea reproduction, population expansion, with ephemeral drainages and adjacent (Rebman and Dossey 2006a, p. 12); and pollination. floodplains:

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(1) With a natural hydrological considerations or protection may be 65662; November 8, 2006) with the best regime, in which: required to provide for the sustained available data, including new (a) Water flows only after peak function of the ephemeral washes on information not available when the 2006 seasonal rainstorms; which Monardella viminea depends. rule was completed. (b) High runoff events periodically The primary constituent element for This section provides details of the scour riparian vegetation and M. viminea may require special process we used to delineate the redistribute alluvial material to create management considerations or proposed critical habitat. This proposed new stream channels, benches, and protection to reduce the following critical habitat designation is based on sandbars; and threats, among others: cover by the best scientific data available, (c) Water flows for usually less than nonnative plant species that crowds, including our analysis of the 48 hours after a rain event, without shades, or competes for resources; distribution and ecology of Monardella long-term standing water; habitat alteration due to altered viminea as identified in the 1998 final (2) Surrounding vegetation that hydrology from urbanization and listing rule, the 2008 5-year review, new provides semi-open, foliar cover with: associated infrastructure; and any information on the species’ distribution (a) Little or no herbaceous understory; actions that alter the natural channel and ecology made available since (b) Little to no canopy cover; structure or course, particularly listing, reclassification of M. viminea as (c) Open ground cover, less than half increased water flow that could erode a species, and State and local measures of which is herbaceous vegetation cover; soils inhabited by M. viminea or cover in place for the conservation of M. (d) Some shrub cover; and them with sediment deposits (all viminea. Specific differences from the (e) An association of other plants, sections of PCE). Conservation actions 2006 designation of critical habitat are including Eriogonum fasciculatum that could be implemented to address described in the Summary of Changes (California buckwheat) and Baccharis these threats include (but are not from Previously Designated Critical sarothroides (broom baccharis); limited to): Removal of nonnative Habitat section below. (3) That contain ephemeral drainages vegetation by weeding; planting of The areas in this proposed that: native species along stream courses in designation of critical habitat for (a) Are made up of coarse, rocky, or canyons to help control erosion; use of Monardella viminea were occupied by sandy alluvium; and silt fences to control erosion; restriction the species at the time of listing and (b) Contain terraced floodplains, of development that alters natural remain occupied today, and they terraced secondary benches, stabilized hydrological characteristics of stream possess those specific physical and sandbars, channel banks, or sandy courses in canyons; and implementation biological features essential to the washes; and of prescribed burns (all sections of PCE). conservation of the species that may (4) That have soil with high sand Additionally, specialized dams and require special management content, typically characterized by smaller barriers could be installed in considerations or protection. For this sediment and cobble deposits, and canyons to help address floodwater proposed rule, we completed the further characterized by a high content runoff that results from upstream following steps to delineate critical of coarse, sandy grains and low content development (which can cause erosion habitat: (1) Compiled all available data of silt and clay. and loss of clumps of M. viminea), from observations of M. viminea into a The need for space for individual and though these dams must be of adequate GIS database; (2) identified occurrences population growth and normal behavior size and strength to withstand increased that were extant at the time of listing is provided by all sections of the PCE. storm flow caused by urbanization (PCE and those occurrences that are currently The need for food, water, air, light, section 3). extant or contain transplanted M. minerals, or other physiological viminea; (3) identified areas containing requirements is provided by all sections Criteria Used To Identify Critical all the components that make up the of the PCE. Cover and shelter Habitat PCE that may require special requirements are provided by section (2) As required by section 4(b)(1)(A) of management considerations or of the PCE. Areas for reproduction are the Act, we use the best scientific and protection; (4) circumscribed provided by all sections of the PCE. commercial data available to designate boundaries of potential critical habitat Finally, habitats representative of the critical habitat. We review available units based on the above information; historical, geographical, and ecological information pertaining to the habitat and (5) removed all areas that did not distributions of a species are provided requirements of the species. In have the PCE and therefore are not by all sections of the PCE. accordance with the Act and its considered essential to the conservation implementing regulation at 50 CFR of M. viminea, or that are exempt from Special Management Considerations or 424.12(e), we consider whether critical habitat under 4(a)(3)(B)(i) of the Protection designating additional areas—outside Act. These steps are described in detail When designating critical habitat, we those currently occupied as well as below. assess whether the physical and those occupied at the time of listing— (1) We compiled observational data biological features within the is necessary to ensure the conservation from the following sources to include in geographical area occupied by the of the species. We are not currently our GIS database for Monardella species at the time of listing that are proposing to designate any areas outside viminea: (a) CNDDB data and essential to the conservation of the the geographical area occupied by the supporting observation documentation species may require special species at the time of listing because information on M. viminea; (b) management considerations or currently occupied areas (which are monitoring reports from MCAS protection. within the area occupied by the species Miramar; and (c) monitoring reports The area proposed for designation as at the time of listing) are sufficient for from private organizations and local critical habitat will require some level of the conservation of the species. government organizations, such as the management or protection to address This proposed rule updates the Carroll Canyon Business Park and the the current and future threats to the information used in our 2006 final City of San Diego Subarea Plan under physical and biological features. In all designation of critical habitat for the MSCP. No monitoring reports from units, special management Monardella linoides ssp. viminea (71 FR the County of San Diego were available.

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(2) We considered extant all generally described as a riparian- and we applied it across the species’ occurrences where presence of living associated species. We found that range. plants has been confirmed within the although southern sycamore-alder (4) We removed all areas not past 10 years. Using this information, riparian woodland is rare in canyons containing the physical and biological we determined that seven occurrences where M. viminea exists, where it is features essential to the conservation of are currently extant. Based on data from present, it closely corresponds to areas Monardella viminea. Monardella the CNDDB, we confirmed that all of that contain M. viminea and the viminea requires all four sections of the these seven occurrences were known physical and biological features PCE for growth and reproduction; thus, and extant at the time of listing. We also essential to its conservation. Because of only areas that contained all four documented the presence of this close correlation, we used the sections of the PCE were considered as transplanted individual plants in southern sycamore-alder riparian critical habitat. We removed areas in Carroll, San Clemente, and Lopez woodland habitat type to identify the Rose Canyon (no EO number), Elanus Canyons and included them in our widest distance of a riparian vegetation Canyon (EO 24), and Lopez Canyon (EO analysis. type polygon from an occupied 1), and all four transplanted (3) To identify areas containing all the streambed line; we found this distance occurrences. All of these areas are components that make up the PCE for to be 490 ft (150 m). characterized by dense urban Monardella viminea that may require (d) We then tested the 490 ft (150 m) development on at least one border. As special management considerations or value as an estimate of the distance from discussed under Factor A for M. protection, we conducted the following the streambed most likely to capture the viminea, urbanization results in steps: PCE throughout the species’ range. We increased frequency and intensity of (a) We determined occurrence used the widest distance from the storm flow events, to the point that they locations likely to belong to the same streambed to help identify areas that wash away sandbars rather than population. Regardless of observation meet the definition of critical habitat scouring them of vegetation. Further date, all occurrence locations rather than the median (or another discussion of why we did not include downstream from an extant occurrence value). We wanted to ensure that we these occurrences as critical habitat is and which would be connected to the captured all potential areas that have included in the Summary of Changes upstream occurrence during runoff the physical and biological features from Previously Designated Critical events (that could transport seeds essential to the conservation of M. Habitat section below. We also removed downstream) were considered part of viminea versus those areas that only areas within the boundaries of MCAS the same extant occurrence; this was contain occurrences of the species. We Miramar for this proposed rule because completed by examining survey reports found that this 490 ft (150 m) distance, these areas are exempt under section from MCAS Miramar, the City of San when applied to all streambeds where 4(a)(3)(B)(i) of the Act from critical Diego, and the Friends of Los M. viminea occurred, captured all habitat designation (see Exemptions Pen˜ asquitos Canyon. clumps of M. viminea except two in the section below). (b) In order to create a scientifically southern end of West Sycamore Canyon. based approach to drawing critical The two southern clumps occur in an When determining proposed critical habitat units, we first examined the area that appears to be a remnant habitat habitat boundaries, we made every utility of GIS vegetation data polygons wash area at the end of West Sycamore effort to avoid including developed containing Monardella viminea Canyon, which likely received areas such as lands covered by occurrences (SANDAG 1995) because additional stream flow during storm buildings, pavement, and other the species is frequently associated with events greater than 48 hours after a rain structures because such lands lack coastal sage scrub and riparian scrub event (or more frequently than just after physical and biological features for habitats (Scheid 1985, p. 3; Elvin and a peak seasonal rainstorm), and thus Monardella viminea. The scale of the Sanders 2003, p. 430; Kelly and does not likely support occupancy long maps we prepared under the parameters Burrascano 2006, p. 51). In an attempt term nor significantly contribute to for publication within the Code of to better distinguish the width of the population persistence. Federal Regulations may not reflect the specific areas within drainages that The conservation of Monardella exclusion of such developed lands. Any contain the PCE, we searched for a viminea depends on preservation of such lands inadvertently left inside correlation between habitat type and habitat containing the physical and critical habitat boundaries shown on the clumps of M. viminea. We found M. biological features essential to the maps of this proposed critical habitat viminea occurred in areas mapped as 11 conservation of the species. Like most have been excluded by text in the different vegetation types, with the plants, M. viminea is occasionally found proposed rule and are not proposed for greatest number (45 percent) falling in areas considered atypical for the designation as critical habitat. within ‘‘Diegan Coastal Sage Scrub.’’ We species. For example, a plant was once Therefore, if the critical habitat is noted that mapped polygons of this found growing in mesa-top habitat along finalized as proposed, a Federal action vegetation type and some other a tributary of Rose Canyon (Rebman and involving these lands would not trigger vegetation types were relatively large Dossey 2006a, p. 24, no EO number). We section 7 consultation with respect to and did not correspond well with the consider that the habitat areas outlined critical habitat and the requirement of drainage areas where M. viminea and using the method described above will no adverse modification unless the the PCE was likely to occur, indicating capture only the habitat that contains specific action would affect the physical that they were poor predictors for areas the physical and biological features and biological features in the adjacent that contain the physical and biological essential to the conservation of M. critical habitat. features essential to the conservation of viminea. We determined the distance of We are proposing for designation of M. viminea. 492 ft (150 m) was appropriate to critical habitat lands that we have (c) We examined polygons that were capture areas surrounding occupied determined were occupied at the time of labeled as ‘‘riparian’’ vegetation for streambeds that contain the physical listing and contain sufficient elements possible useful information to assist in and biological features essential to the of physical and biological features to delineation of potential critical habitat conservation of the species and that support life-history processes essential areas because Monardella viminea is meet the definition of critical habitat, for the conservation of the species.

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Summary of Changes From Previously (4) We revised the criteria used to Elanus Canyon has been developed. Designated Critical Habitat identify critical habitat based on our This development, located along the The areas identified in this proposed reevaluation of all available Monardella eastern side of the canyon, has also viminea information, including that rule constitute a revision of the areas we resulted in altered hydrology. Thus, we available since the publication of the described and mapped as meeting the do not consider Elanus, Lopez, or Rose 2006 rule, to ensure this proposed rule definition of critical habitat for Canyons to meet the definition of reflects the best available scientific data. Monardella linoides ssp. viminea in the critical habitat. Our conclusion based on this final critical habitat designation We recognize that critical habitat reevaluation differs from the 2006 published in the Federal Register on designated at a particular point in time critical habitat designation in how we November 8, 2006 (71 FR 65662) (see may not include all of the habitat areas identified and delineated critical Table 2). This proposed rule identifies that we may later determine are habitat. necessary for the recovery of the 348 ac (141 ha) that meet the definition (5) Our reevaluation does not identify of critical habitat for Monardella species. For this reason, a critical some areas as critical habitat that were habitat designation does not signal that viminea. This proposed rule includes all designated as critical habitat in the 2006 73 ac (30 ha) designated as critical habitat outside the designated area is final critical habitat rule. In the 2006 unimportant or may not be required for habitat in the final rule in 2006, and final critical habitat rule, all habitat portions of areas excluded from the recovery of the species. We solicit containing occurrences of Monardella information during the public comment 2006 designation. This proposed rule viminea was classified as critical also differs in area from the 2006 period on any areas that we have not habitat. However, we have revised the included in this proposed rule designation due to the removal of areas PCE for M. viminea based on our now identified as habitat for M. (including Elanus, Lopez, and Rose improved understanding of the habitat Canyons), including any evidence that stoneana (255 ac (103 ha); 71 FR 65662, features essential for the species’ November 8, 2006), as described above they meet the definition of critical conservation and, in this proposed rule, habitat (see Public Comments section). in the Background section of this we have proposed critical habitat only (6) We changed unit numbers and proposed rule. The rest of the change in in locations that contain the revised names in this proposed rule to reflect area is primarily due to our improved PCE. While Elanus, Lopez, and Rose estimated population distributions GIS mapping techniques, improved Canyons contain species occurrences, instead of political boundaries (such as description of the areas containing the they do not contain the PCE. We now former Unit 2 that consisted of all PCE for M. viminea, and our removal of recognize that urbanization around all lands in Lopez Canyon, Elanus Canyon, three canyons has substantially altered partial polygons within MCAS Miramar, and Rose Canyon that we no longer drainage patterns, such that peak flood regardless of population distribution). consider to meet the definition of events have increased in intensity and (7) Our revised criteria resulted in critical habitat (see Criteria Used to frequency to the point where they occur both inclusion of areas that meet the Identify Critical Habitat section above more than just after peak rainfall events, definition of critical habitat and removal and Proposed Critical Habitat and such that they regularly wash away of areas from the 2005 proposed rule or Designation—Monardella viminea entire channels and benches where M. the 2006 final rule that do not meet the section below). viminea grows (PCE section (3)(b)). definition of critical habitat. Changes The differences between this Thus the three areas do not contain all from areas identified in the 2005 proposed rule and the 2006 critical the components that make up the PCE proposed rule as meeting the definition habitat designation include the identified for M. viminea. of critical habitat include the exclusion following: We note that the habitat available in of areas in Elanus, Lopez, and Rose (1) Recognition of Monardella linoides these canyons only supports a limited Canyons that we no longer consider to subsp. viminea as two distinct taxa at number of plants: Elanus Canyon has meet the definition of critical habitat the species rank as Monardella viminea approximately 16 plants, Lopez Canyon (see Criteria Used to Identify Critical (willowy monardella) and M. stoneana has 8 plants, and Rose Canyon has the Habitat section above). (Jennifer’s monardella). Given our smallest occurrence of Monardella (8) We did not include any areas determination that M. viminea warrants viminea with only 3 plants. Rose associated with former Units 7, 8, and listing as endangered, we are proposing Canyon contains limited habitat for M. 9, described in the 2006 final critical critical habitat for M. viminea. viminea, with little space downstream habitat designation for Monardella (2) We revised the Background section for expansion of the occurrence linoides ssp. viminea, because these to include our updated knowledge of (Kassebaum 2010, pers. comm.), and the areas/occurrences are now recognized as life history, taxonomy, and area around Rose Canyon is developed, supporting M. stoneana (see Taxonomic nomenclature, including information on which has disrupted the natural and Nomenclatural Changes Affecting potential pollinators of Monardella hydrological regime on which long-term Monardella linoides ssp. viminea viminea. persistence of M. viminea depends section above). (3) We revised the description of the (Rebman and Dossey 2006, p. 37), The differences between the 2006 PCEs for Monardella viminea to include resulting in high runoff events that final critical habitat designation and the a single PCE with more detailed occur more frequently than just at peak proposed revised critical habitat information on the physical and seasonal rainfalls. The area around designation in this rule are summarized biological features essential to Lopez Canyon is also heavily urbanized, below in Table 2. Please note that Table Monardella viminea including soil and floods from storm runoff have 2’s units for the 2006 final rule do not characteristics, disturbance regimes, already eroded channels and benches correspond to the unit numbers stream flow, and ground cover that where M. viminea grows. A portion of presented in that rule; they correspond support this species. land surrounding the southern half of to the proposed units in this document.

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TABLE 2—COMPARISON OF THE 2006 FINAL CRITICAL HABITAT DESIGNATION FOR MONARDELLA LINOIDES SSP. VIMINEA AND THE PROPOSED CRITICAL HABITAT FOR M. VIMINEA. [Note: This table does not include the 255 ac (103 ha) of habitat now identified as occupied by M. stoneana.]

2006 final critical habitat 2011 proposed critical habitat Location Area containing essential Area containing essential Unit name features ac (ha) Unit name features ac (ha)

Sycamore Canyon ...... Unit 1 Partial 4(a)(3)(B)(i) 373 (151) ...... Unit 1 Partial 4(a)(3)(B)(i) 350 (142) exemption. exemption. West Sycamore Canyon ...... 529 (214) ...... Unit 2 Partial 4(a)(3)(B)(i) 577 (233) exemption. Spring Canyon ...... 245 (99) ...... Unit 3 Partial 4(a)(3)(B)(i) 273 (111) exemption. East San Clemente Can- ...... 638 (258) ...... Unit 4 Partial 4(a)(3)(B)(i) 467 (189) yon. exemption. West San Clemente Can- ...... 114 (46) ...... Unit 5 Partial 4(a)(3)(B)(i) 227 (92) yon. exemption. Lopez Canyon ...... 77 (31) ...... 0 (0) Elanus Canyon ...... 82 (33) ...... 0 (0) Rose Canyon ...... 185 (75) ...... 0 (0)

TOTAL ESSENTIAL ...... 2,242 (907) ...... 1,894 (767) HABITAT**. TOTAL EXEMPT ...... 1,863 (754) ...... 1,546 (626) TOTAL EXCLUDED ...... 306 (124) (excluded in ...... 208 (84) (considered for OR BEING CON- 2006). exclusion) SIDERED FOR EX- CLUSION. TOTAL CRITICAL ...... 73 (30) Designated ...... 348 (141) Proposed HABITAT*. *Values in this table may not sum due to rounding. ** See Table 4 for acreages considered for exclusion in each unit.

Proposed Critical Habitat Designation— finalized, will replace the current All proposed units were occupied by M. Monardella viminea critical habitat designation for M. viminea at the time the species was linoides ssp. viminea at 50 CFR 17.96(a). listed (as M. linoides ssp. viminea), are We are proposing five units as critical The five units we propose as critical currently occupied by M. viminea, and habitat for Monardella viminea. The habitat are: (1) Sycamore Canyon, (2) contain the primary constituent element proposed critical habitat areas we West Sycamore Canyon, (3) Spring essential for the conservation of the describe below constitute our current Canyon, (4) East San Clemente Canyon, species. A summary of the five units best assessment of areas that meet the and (5) West San Clemente Canyon. The showing areas, ownership, and definition of critical habitat for M. approximate area of each proposed exemptions is given below in Table 3. viminea. This proposed rule, if critical habitat unit is shown in Table 3.

TABLE 3—PROPOSED CRITICAL HABITAT UNITS FOR Monardella Viminea, SHOWING ESTIMATED AREA IN ACRES (HECTARES), LAND OWNERSHIP, AND AREAS EXEMPT UNDER SECTION 4(A)(3)(B)(I) OF THE ACT

State and Location of proposed non-exempt acres* Federal local Private Total ac (ha) ac (ha) ac (ha) ac (ha)

Unit 1. Sycamore Canyon ...... 0 (0) 36 (15) 158 (64) 194 (79) Unit 2. West Sycamore Canyon ...... 0 (0) 27 (11) 0 (0) 27 (11) Unit 3. Spring Canyon ...... 0 (0) 5 (2) 92 (37) 97 (39) Unit 4. East San Clemente Canyon ...... 0 (0) 13(5) 0 (0) 13 (5) Unit 5. West San Clemente Canyon ...... 0 (0) 16 (7) <1 (<1) 16 (7)

Location of Exempt areas at MCAS Miramar—EXEMPT under section 4(a)(3)(B) of the Act

Sycamore Canyon ...... 156 (63) 0 (0) 0 (0) 156 (63) West Sycamore Canyon ...... 550 (222) 0 (0) 0 (0) 550 (222) Spring Canyon ...... 176 (71) 0 (0) 0 (0) 176 (71) East San Clemente Canyon ...... 454 (184) 0 (0) 0 (0) 454 (184) West San Clemente Canyon ...... 210 (85) 0 (0) 0 (0) 210 (85)

Total Essential Habitat ...... 1,546 (625) 86 (35) 263 (106) 1,894 (767) Total Area Proposed Revised Critical Habitat ...... 0 (0) 86 (35) 263 (106) 348 (141)** * Values in this table may not sum due to rounding. ** See Table 4 for acreages proposed for exclusion in each unit.

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We present brief descriptions of the section of this proposed rule for more ac (37 ha) of private land within the five proposed critical habitat units, and information. boundaries of the City of San Diego. The reasons why they meet the definition of occurrences in this canyon exist in Unit 2: West Sycamore Canyon critical habitat for Monardella viminea. dense clumps along the canyon on the Unit 2 consists of 27 ac (11 ha), inside edge of meandering portions of Unit 1: Sycamore Canyon comprised of 21 ac (9 ha) of land owned the streambed, and on low benches Unit 1 consists of 194 ac (79 ha) and by the City of San Diego and 6 ac (2 ha) adjacent to drainages, and comprise a is located in Sycamore Canyon at the of land owned by water districts, and is large population of Monardella viminea northeastern boundary of MCAS located in West Sycamore Canyon with over 500 plants in 2002 (Rebman Miramar, north of Santee Lakes in San adjacent to the eastern section of MCAS and Dossey 2006a, pp. 21, 23). Spring Diego County, California. Three separate Miramar, in San Diego County, Canyon, in which Unit 3 is found, is branches of the canyon within the unit California. The northernmost point of essential to the recovery of M. viminea pass outside the boundaries of MCAS the unit is just outside the boundary of because, as one of the least disturbed Miramar and consist of 36 ac (15 ha) of MCAS Miramar. West Sycamore canyons on MCAS Miramar and due to land owned by San Diego County, 1 ac Canyon, in which Unit 2 is found, is its isolation from developed areas (less than 1 ha) of land owned by water essential to the recovery of Monardella (Rebman and Dossey 2006a, p. 23), it districts, and 158 ac (64 ha) of private viminea as it contains the largest supports the natural hydrological land, 110 ac (45 ha) of which are within number of M. viminea individuals of regime necessary for growth and the boundaries of the City of Santee, any canyon in the species’ range (Tierra reproduction of the species. Unit 3 which has no approved MSCP; and 47 Data 2011, p. 12). The habitat in this contains proposed critical habitat for M. ac (19 ha) of which are within the unit provides redundancy and viminea in that portion of Spring boundaries of the City of San Diego. resiliency for M. viminea, and since not Canyon located outside of MCAS This canyon is the only place where all areas of this unit are occupied by M. Miramar. Spring Canyon, in which Unit Monardella viminea is found in oak viminea (i.e., the unit is occupied, 3 is found, is also essential to the woodland habitat, and is one of the few although there are areas such as within recovery of the species because it areas in the range of M. viminea with the canyon where plants are not currently contains over 350 individuals mature riparian habitat (Rebman and currently growing), the unit provides (Tierra Data 2011, p. 12). The habitat in Dossey 2006a, p. 23). Sycamore Canyon, space for the growth and expansion of this unit provides redundancy and in which this unit is found, is essential the species. Unit 2, which contains resiliency for M. viminea, and since not to the recovery of the species because it proposed critical habitat for M. viminea all areas of this unit are occupied by M. supports over 400 individuals (City of in that portion of West Sycamore viminea (i.e., the unit is occupied San Diego 2010, p. 257; Tierra Data Canyon located outside of MCAS although there are areas such as within 2011, p. 12). The habitat in this unit Miramar, contains the physical and the canyon where plants are not provides redundancy and resiliency for biological features essential to the currently growing), the unit provides M. viminea, and since not all areas of conservation of M. viminea, including space for the growth and expansion of this unit are occupied by M. viminea riparian channels with a natural the species. This unit contains the (i.e., the unit is occupied, although there hydrological regime (PCE section (1)), physical and biological features are areas such as within the canyon ephemeral drainages made up of rocky essential to the conservation of M. where plants are not currently growing), or sandy alluvium (PCE section (3)), and viminea, including riparian channels the unit provides space for the growth surrounding vegetation that provides with a natural hydrological regime (PCE and expansion of the species. This unit semi-open foliar cover (PCE section (2)). section (1)), ephemeral drainages made contains the physical and biological The PCE in this unit may require special up of rocky or sandy alluvium (PCE features essential to the conservation of management considerations or section (3)), and surrounding vegetation M. viminea, including riparian channels protection to address threats associated that provides semi-open foliar cover with a natural hydrological regime (PCE with erosion from heavy rainfall events. (PCE section (2)). The PCE in this unit section (1)), ephemeral drainages made Please see the Special Management may require special management up of rocky or sandy alluvium (PCE Considerations or Protection— considerations or protection to address section (3)), and surrounding vegetation Monardella viminea section of this threats from nonnative species. Please that provides semi-open foliar cover proposed rule for a discussion of the see the Special Management (PCE section (2)). The PCE in this threats to M. viminea habitat and Considerations or Protection— subunit may require special potential management considerations. Monardella viminea section of this management considerations or We are considering exclusion of a proposed rule for a discussion of the protection to address threats from portion of Unit 2 (21 ac (9 ha)) for M. threats to M. viminea habitat and nonnative plant species and erosion of viminea from critical habitat under potential management considerations. the canyon (City of San Diego 2005, p. section 4(b)(2) of the Act that is covered We are considering exclusion of Unit 3 68; 2006, p. 10; 2009, p. 2). Please see by the City of San Diego Subarea Plan (97 ac (39 ha)) from critical habitat the Special Management Considerations under the MSCP; see Considered under section 4(b)(2) of the Act because or Protection—Monardella viminea Exclusions—Monardella viminea all of the land within the unit is covered section of this proposed rule for a section of this proposed rule for more by the City of San Diego Subarea Plan discussion of the threats to M. viminea information. under the MSCP; see Considered habitat and potential management Exclusions—Monardella viminea Unit 3: Spring Canyon considerations. We are considering section of this proposed rule for more exclusion of portions of Unit 1 (83 ac Unit 3 consists of 97 ac (39 ha) and information. (34 ha)) for M. viminea from critical is located in Spring Canyon south of the habitat under section 4(b)(2) of the Act border of MCAS Miramar and north of Unit 4: East San Clemente Canyon that are covered by the City of San Diego State Route 52 and Kumeyaay Lake in Unit 4 consists of 13 ac (5 ha) of land and County of San Diego Subarea Plans San Diego County, California. This unit located in the eastern portion of San under the MSCP; see Considered is composed of 5 ac (2 ha) of land Clemente Canyon north of the Exclusions—Monardella viminea owned by the City of San Diego and 92 northeastern border of MCAS Miramar

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in San Diego County, California. This separate unit from the other part of San Effects of Critical Habitat Designation unit is composed of 7 ac (3 ha) of land Clemente Canyon because the Sim J. Section 7 Consultation owned by the City of San Diego, and 6 Harris aggregate mine acts as a barrier to ac (3 ha) of land owned by the the physical and biotic continuity Section 7(a)(2) of the Act requires California Department of between the two portions of the canyon. Federal agencies, including the Service, Transportation. We are considering it a This portion of the canyon is wetter and to ensure that any action they fund, authorize, or carry out is not likely to separate unit from the other portion of contains more riparian habitat than the jeopardize the continued existence of San Clemente Canyon because the Sim eastern portion of San Clemente Canyon any endangered species or threatened J. Harris aggregate mine acts as a barrier in Unit 4 and is one of few areas of to the physical and biotic continuity species or result in the destruction or Monardella viminea habitat where between the two portions of the canyon. adverse modification of designated riparian vegetation persists (Rebman Unit 4 is drier than the western portion critical habitat of such species. In of the canyon (Unit 5) and consists of and Dossey 2006a, p. 22). The western addition, section 7(a)(4) of the Act mature chaparral habitat (Rebman and portion of San Clemente Canyon (where requires Federal agencies to confer with Dossey 2006a, p. 22). This unit is Unit 5 is located) is essential to the the Service on any agency action which essential to the recovery of the species recovery of the species because it is likely to jeopardize the continued because San Clemente Canyon, which contains the PCE and consists of over existence of any species proposed to be includes Unit 4, contains over 500 500 individuals of M. viminea (Tierra listed under the Act or result in the individuals (Rebman and Dossey 2006a, Data 2011, p. 12). The habitat in this destruction or adverse modification of p. 22). The habitat in this unit provides unit provides redundancy and proposed critical habitat. redundancy and resiliency for M. resiliency for M. viminea, and since not Decisions by the 5th and 9th Circuit viminea, and since not all areas of this all areas of this unit are occupied by M. Courts of Appeals have invalidated our unit are occupied by M. viminea (i.e., viminea (i.e., the unit is occupied, regulatory definition of ‘‘destruction or the unit is occupied, although there are although there are areas such as within adverse modification’’ (50 CFR 402.02) areas such as within the canyon where the canyon where plants are not (see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 F. 3d plants are not currently growing), the currently growing), this unit provides 1059 (9th Cir. 2004) and Sierra Club v. unit provides space for the growth and space for the growth and expansion of U.S. Fish and Wildlife Service et al., 245 expansion of the species. This unit the species. Additionally, Unit 5 is F.3d 434, 442 (5th Cir. 2001)), and we contains the physical and biological essential to recovery because it is made features essential to the conservation of do not rely on this regulatory definition up of several separate sites along the when analyzing whether an action is M. viminea, including riparian channels drainage where groups of naturally with a natural hydrological regime (PCE likely to destroy or adversely modify occurring M. viminea plants have been section (1)), ephemeral drainages made critical habitat. Under the statutory reported in a configuration that will up of rocky or sandy alluvium (PCE provisions of the Act, we determine section (3)), and surrounding vegetation likely contribute to gene exchange via destruction or adverse modification on that provides semi-open foliar cover pollinators. This unit contains the the basis of whether, with (PCE section (2)). The PCE in this unit physical and biological features implementation of the proposed Federal may require special management essential to the conservation of M. action, the affected critical habitat considerations or protection to address viminea, including riparian channels would continue to serve its intended threats from nonnative species. Please with a natural hydrological regime (PCE conservation role for the species. see the Special Management section (1)), ephemeral drainages made If a species is listed or critical habitat Considerations or Protection— up of rocky or sandy alluvium (PCE is designated, section 7(a)(2) of the Act Monardella viminea section of this section (3)), and surrounding vegetation requires Federal agencies to ensure that proposed rule for a discussion of the that provides semi-open foliar cover activities they authorize, fund, or carry threats to M. viminea habitat and (PCE section (2)). The PCE in this unit out are not likely to jeopardize the potential management considerations. may require special management continued existence of the species or to We are considering exclusion of a considerations or protection. The destroy or adversely modify its critical portion of Unit 4 (7 ac (3 ha)) for M. historical flow regime and flooding from habitat. If a Federal action may affect a viminea from critical habitat under the upper portion of the canyon to this listed species or its critical habitat, the section 4(b)(2) of the Act that is covered unit is prevented by the Sim J. Harris responsible Federal agency (action by the City of San Diego Subarea Plan aggregate mine. Therefore, in the future, agency) must enter into consultation under the MSCP; see Considered this unit may require management to with us. As a result of this consultation, Exclusions—Monardella viminea prevent overgrowth of annual species we document compliance with the section of this proposed rule for more that would otherwise be scoured by requirements of section 7(a)(2) through information. periodic flooding. Please see the Special our issuance of: (1) A concurrence letter for Federal Management Considerations or Unit 5: West San Clemente Canyon actions that may affect, but are not Protection—Monardella viminea section Unit 5 consists of 16 ac (7 ha) of land likely to adversely affect, listed species of this proposed rule for a discussion of made up of 16 ac (7 ha) of land owned or critical habitat; or by the California Department of the threats to M. viminea habitat and (2) A biological opinion for Federal Transportation and less than 1 ac (<1 potential management considerations. actions that may affect, and are likely to ha) of private land within the We are considering exclusion of a adversely affect, listed species or critical boundaries of the City of San Diego. portion of Unit 5 (<1 ac (<1 ha)) from habitat. This unit is located in the western critical habitat under section 4(b)(2) of When we issue a biological opinion portion of San Clemente Canyon, and the Act that is covered by the City of concluding that a project is likely to begins near Clairemont Mesa Boulevard San Diego Subarea Plan under the jeopardize the continued existence of a and continues east to the boundary of MSCP; see Considered Exclusions— listed species and/or destroy or MCAS Miramar, in San Diego County, Monardella viminea section of this adversely modify critical habitat, we California. We consider this unit as a proposed rule for more information. provide reasonable and prudent

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alternatives to the project, if any are Application of the ‘‘Adverse critical habitat that could compete with identifiable, that would avoid the Modification’’ Standard native pollinators; clearing or trimming likelihood of jeopardy and/or The key factor related to the adverse of other native vegetation in designated destruction or adverse modification of modification determination is whether, critical habitat in a manner that critical habitat. We define ‘‘reasonable with implementation of the proposed diminishes appreciably its utility to and prudent alternatives’’ (at 50 CFR Federal action, the affected critical support Monardella viminea pollinators 402.02) as alternative actions identified habitat would continue to serve its (such as clearing vegetation for fuels during consultation that: intended conservation role for the control); and application of pesticides. (1) Can be implemented in a manner species. Activities that may destroy or (3) Actions that would significantly consistent with the intended purpose of adversely modify critical habitat are alter sediment deposition patterns and the action, those that alter the physical and rates within a stream channel to a (2) Can be implemented consistent degree that appreciably reduces the with the scope of the Federal agency’s biological features to an extent that appreciably reduces the conservation value of the critical habitat for the long- legal authority and jurisdiction, term survival or recovery of the species. (3) Are economically and value of critical habitat for Monardella viminea. As discussed above, the role of Such activities include, but are not technologically feasible, and limited to: Excessive sedimentation (4) Would, in the Director’s opinion, critical habitat is to support life-history from road construction; excessive avoid the likelihood of jeopardizing the needs of the species and provide for the recreational trail use; residential, continued existence of the listed species conservation of the species. commercial, and industrial and/or avoid the likelihood of Section 4(b)(8) of the Act requires us development; aggregate mining; and destroying or adversely modifying to briefly evaluate and describe, in any other watershed and floodplain critical habitat. proposed or final regulation that Reasonable and prudent alternatives designates critical habitat, activities disturbances. These activities may can vary from slight project involving a Federal action that may reduce the amount and distribution of modifications to extensive redesign or destroy or adversely modify such suitable habitat for individual and relocation of the project. Costs habitat, or that may be affected by such population growth, and reduce or associated with implementing a designation. change habitat quality for reproduction, reasonable and prudent alternative are Activities that may affect critical germination, and development. similarly variable. habitat designated for Monardella (4) Actions that would significantly Regulations at 50 CFR 402.16 require viminea, when carried out, funded, or alter biotic features to a degree that Federal agencies to reinitiate authorized by a Federal agency, should appreciably reduces the value of the consultation on previously reviewed result in consultation with the Service. critical habitat for both the long-term actions in instances where we have These activities include, but are not survival or the recovery of the species. listed a new species or subsequently limited to: Such activities include, but are not designated critical habitat that may be (1) Actions that would alter channel limited to, modifying the habitats that affected and the Federal agency has morphology or geometry and resultant support Monardella viminea to include retained discretionary involvement or hydrology to a degree that appreciably coastal sage scrub, riparian scrub, and control over the action (or the agency’s reduces the value of critical habitat for (in some areas) riparian oak woodland. discretionary involvement or control is either the long-term survival or recovery Proposals for application of herbicides authorized by law). Consequently, of the species. Such activities could or fire retardant chemicals could also Federal agencies sometimes may need to include, but are not limited to: Water necessitate consultation. These request reinitiation of consultation with impoundment, channelization, or activities may reduce the amount or us on actions for which formal diversion; road and bridge construction quality of suitable habitat for consultation has been completed, if (including instream structures); individuals and populations; reduce or those actions may affect subsequently licensing, relicensing, or operation of change sites for reproduction and listed species or designated critical dams or other water impoundments; development; or reduce the quality of habitat. and mining and other removal or water, light, minerals, or other Federal activities that may affect deposition of materials. Examples of nutritional or physiological Monardella viminea or its designated effects these activities may have on requirements. critical habitat require section 7 Monardella viminea habitat include (but (5) Actions that could contribute to consultation under the Act. Activities are not limited to) a permanent removal the introduction or support of nonnative on State, Tribal, local, or private lands or reduction of suitable space for species into critical habitat to a degree requiring a Federal permit (such as a individual and population growth or an that appreciably reduces the value of the permit from the U.S. Army Corps of increase in woody or herbaceous ground critical habitat for both the long-term Engineers under section 404 of the cover (due to increased moisture levels survival or recovery of Monardella Clean Water Act (33 U.S.C. 1251 et seq.) in soil occupied by the species) that viminea. Such activities include, but are or a permit from us under section 10 of affects the availability of suitable habitat not limited to: Landscape disturbance or the Act) or involving some other Federal for reproduction and survival of M. plant introductions that result in action (such as funding from the Federal viminea. increased numbers of individuals and Highway Administration, Federal (2) Actions that would significantly taxa of nonnative species for landscape Aviation Administration, or the Federal directly or indirectly affect pollinator or erosion control purposes, or addition Emergency Management Agency) are abundance or efficacy to a degree that of nutrients that would fertilize subject to the section 7 consultation appreciably reduces the value of the nonnative plant taxa. These activities process. Federal actions not affecting critical habitat for the long-term survival may reduce the suitable space for listed species or critical habitat, and or recovery of the species. Such individual and population growth, actions on State, Tribal, local, or private activities include, but are not limited to: reduce or change sites for reproduction lands that are not Federally funded, Destruction of critical habitat that and development of offspring, and authorized, or permitted, do not require contains pollinators; introduction of introduce or support nonnative plant section 7 consultations. nonnative insects into designated taxa that compete with M. viminea.

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Exemptions Marine Corps Air Station Miramar (1) Education of base personnel; (MCAS Miramar) (2) Implementation of proactive Application of Section 4(a)(3) of the Act Marine Corps Air Station Miramar has measures that help avoid accidental The Sikes Act Improvement Act of an approved INRMP (Gene Stout and impacts (such as signs and fencing); 1997 (Sikes Act) (16 U.S.C. 670a) Associates 2006) that addresses (3) Development of procedures to required each military installation that Monardella viminea, and the Marine respond to and restore accidental includes land and water suitable for the Corps has committed to work closely impacts; and (4) Monitoring of M. viminea conservation and management of with us and CDFG to continually refine occurrences on MCAS Miramar (Gene natural resources to complete an the existing INRMP as part of the Sikes Stout and Associates et al. 2006, Section integrated natural resources Act’s INRMP review process. In accordance with section 4(a)(3)(B) of the 7, pp. 17–23). management plan (INRMP) by Additionally, MCAS Miramar’s Act, the Secretary has determined that November 17, 2001. An INRMP environmental security staff reviews conservation efforts identified in the integrates implementation of the projects and enforces existing INRMP provide a benefit to M. viminea military mission of the installation with regulations and base orders that avoid occurring on MCAS Miramar (see the stewardship of the natural resources and minimize impacts to natural following section that details this found on the base. Each INRMP resources, including M. viminea and its determination). Therefore, the 1,546 ac includes: habitat. The INRMP for MCAS Miramar (625 ha) of habitat occupied by M. (1) An assessment of the ecological provides a benefit to M. viminea and viminea at the time of listing on which includes measures designed to prevent needs on the installation, including the are found the physical or biological degradation or destruction of the need to provide for the conservation of features essential to its conservation and species’ riparian habitat. listed species; thus qualified for consideration as Based on the above considerations, (2) A statement of goals and priorities; critical habitat on MCAS Miramar are and in accordance with section exempt from this critical habitat (3) A detailed description of 4(a)(3)(B)(i) of the Act, we have designation for M. viminea under management actions to be implemented determined that Monardella viminea section 4(a)(3)(B)(i) of the Act. The to provide for these ecological needs; habitat on MCAS Miramar is subject to rationale for this exemption is the same and the MCAS Miramar INRMP and that as it was for the 2006 designation (71 FR conservation efforts identified in the (4) A monitoring and adaptive 65662; November 8, 2006). management plan. In the previous final critical habitat INRMP provide and will continue to Among other things, each INRMP designation for Monardella viminea, we provide a benefit to M. viminea must, to the extent appropriate and exempted MCAS Miramar from the occurring in habitats within and applicable, provide for fish and wildlife designation of critical habitat (71 FR adjacent to MCAS Miramar. Therefore, management; fish and wildlife habitat 65662; November 8, 2006). We based lands within this installation are exempt enhancement or modification; wetland this decision on the conservation from critical habitat designation under protection, enhancement, and benefits to M. viminea identified in the section 4(a)(3) of the Act. We are not restoration where necessary to support INRMP developed by MCAS Miramar in including approximately 1,546 ac (625 ha) of habitat in this proposed critical fish and wildlife; and enforcement of May 2000, and the updated INRMP habitat designation because of this applicable natural resource laws. prepared by MCAS Miramar in October exemption. The National Defense Authorization 2006 (Gene Stout and Associates et al. Act for Fiscal Year 2004 (Pub. L. 108– 2006). We determined that conservation Exclusions efforts identified in the INRMP provide 136) amended the Act to limit areas Application of Section 4(b)(2) of the Act eligible for designation as critical a benefit to M. viminea on MCAS Section 4(b)(2) of the Act states that habitat. Specifically, section 4(a)(3)(B)(i) Miramar (Gene Stout and Associates et the Secretary must designate and make of the Act (16 U.S.C. 1533(a)(3)(B)(i)) al. 2006, Section 7, p. 17). We reaffirm revisions to critical habitat on the basis now provides: ‘‘The Secretary shall not that continued conservation efforts on of the best available scientific data after designate as critical habitat any lands or MCAS Miramar provide a benefit to M. taking into consideration the economic other geographical areas owned or viminea. Therefore, lands containing features essential to the conservation of impact, national security impact, and controlled by the Department of M. viminea on this installation are any other relevant impact of specifying Defense, or designated for its use, that exempt from this proposed critical any particular area as critical habitat. are subject to an integrated natural habitat designation for M. viminea The Secretary may exclude an area from resources management plan prepared under section 4(a)(3)(B)(i) of the Act. critical habitat if he determines that the under section 101 of the Sikes Act (16 Provisions in the INRMP for MCAS benefits of such exclusion outweigh the U.S.C. 670a), if the Secretary determines Miramar benefit Monardella viminea by benefits of specifying such area as part in writing that such plan provides a requiring efforts to avoid and minimize of the critical habitat, unless he benefit to the species for which critical impacts to this species and riparian determines, based on the best scientific ’’ habitat is proposed for designation. watersheds. All M. viminea suitable data available, that the failure to We consult with the military on the habitat is managed as specified for Level designate such area as critical habitat development and implementation of 1 or Level 2 Habitat Management Areas will result in the extinction of the INRMPs for installations with Federally defined by the INRMP (Kassebaum species. In making that determination, listed species. We analyzed the INRMP 2010, pers. comm.). Under the INRMP, the statute on its face, as well as the developed by MCAS Miramar, the only Level I Management Areas receive the legislative history are clear that the military installation located within the highest conservation priority of the Secretary has broad discretion regarding range of the proposed critical habitat various Management Areas on MCAS which factor(s) to use and how much designation for Monardella viminea, to Miramar. The conservation of weight to give to any factor. determine if the military lands are watersheds in the Level I Management Under section 4(b)(2) of the Act, the exempt under section 4(a)(3) of the Act. Areas is achieved through: Secretary may exercise his discretion to

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exclude a specific area from critical encouragement of partnerships; or of exclusion outweigh the benefits of habitat designation if the determination implementation of a management plan inclusion, we then determine whether is made that the benefits of excluding that provides equal to or more exclusion would result in extinction. If the area outweigh the benefits of conservation than a critical habitat exclusion of an area from critical habitat inclusion. The Secretary may exercise designation would provide. will result in extinction, we will not discretion to exclude an area from In the case of Monardella viminea, the exclude it from the designation. designated critical habitat based on benefits of critical habitat include The Secretary is considering whether economic impacts, impacts on national public awareness of M. viminea to exercise discretion to exclude certain security, or any other relevant impacts. presence and the species’ critical habitat lands from critical habitat. Based on the In considering whether to exercise and the importance of protecting that information provided by entities seeking discretion to exclude a particular area habitat, and in cases where a Federal exclusion, as well as any additional from the designation, we identify the nexus exists, increased habitat public comments we receive, we will benefits of including the area in the protection for M. viminea due to the evaluate whether certain lands are designation, identify the benefits of prohibition against adverse modification appropriate for exclusion from the final excluding the area from the designation, or destruction of critical habitat. critical habitat designation under and evaluate whether the benefits of When we evaluate the existence of a section 4(b)(2) of the Act. If the analysis exclusion outweigh the benefits of conservation plan when considering the indicates that the benefits of excluding inclusion. If the analysis indicates that benefits of exclusion, we consider a lands from the final designation the benefits of exclusion outweigh the variety of factors, including but not outweigh the benefits of designating benefits of inclusion, the Secretary may limited to, whether the plan is finalized; those lands as critical habitat, then the exercise his discretion to exclude the how it provides for the conservation of Secretary may exercise his discretion to area only if such exclusion would not the essential physical and biological exclude the lands from the final result in the extinction of the species. features; whether there is a reasonable designation. When identifying the benefits of expectation that the conservation We are considering whether to inclusion for an area, we consider the management strategies and actions exercise the delegated discretion of the additional regulatory benefits that area contained in a management plan will be Secretary to exclude the areas listed would receive from the protection from implemented into the future; whether below either because: adverse modification or destruction as a the conservation strategies in the plan result of actions with a Federal nexus; are likely to be effective; and whether (1) Their value for conservation will the educational benefits of mapping the plan contains a monitoring program be preserved for the foreseeable future essential habitat for recovery of the or adaptive management to ensure that by existing protective actions, or listed species; and any benefits that may the conservation measures are effective (2) They are appropriate for exclusion result from a designation due to State or and can be adapted in the future in under the ‘‘other relevant factor’’ Federal laws that may apply to critical response to new information. provisions of section 4(b)(2) of the Act. habitat. After identifying the benefits of We specifically request comments on When identifying the benefits of inclusion and the benefits of exclusion, the inclusion or exclusion of these exclusion, we consider, among other we carefully weigh the two sides to areas, as listed in Table 4. In the things, whether exclusion of a specific evaluate whether the benefits of paragraphs below, we provide a area is likely to result in conservation; exclusion outweigh those of inclusion. preliminary analysis of these lands the continuation, strengthening, or If our analysis indicates that the benefits under section 4(b)(2) of the Act.

TABLE 4—AREAS BEING CONSIDERED FOR EXCLUSION UNDER SECTION 4(B)(2) OF THE ACT FROM THIS PROPOSED CRITICAL HABITAT DESIGNATION FOR Monardella viminea.**

Area Covered by Area Covered by City of San Diego County of San Diego Unit* Subarea Plan Subarea Plan (acres (hectares)) (acres (hectares))

1. Sycamore Canyon ...... 47 (19) 36 (15) 2. West Sycamore Canyon ...... 21 (9) 0 (0) 3. Spring Canyon ...... 97 (39) 0 (0) 4. East San Clemente Canyon ...... 7 (3) 0 (0) 5. West San Clemente Canyon ...... < 1 (< 1) 0 (0)

Total *** ...... 172 (70) 36 (15) * Values in this table may not sum due to rounding. ** The areas being considered for exclusion in this table are included in Tables 1 and 2 above. *** All areas that are covered by the HCPs (City of San Diego Subarea Plan under the MSCP and County of San Diego Subarea Plan under the MSCP) are considered for exclusion.

Exclusions Based on Economic Impacts critical habitat designation and related downloading from the Internet at factors. http://www.regulations.gov, or by Under section 4(b)(2) of the Act, we contacting the Carlsbad Fish and consider the economic impacts of We will announce the availability of the draft economic analysis as soon as Wildlife Office directly (see FOR specifying any particular area as critical FURTHER INFORMATION CONTACT section). habitat. In order to consider economic it is completed, at which time we will seek public review and comment. At During the development of a final impacts, we are preparing an analysis of designation, we will consider economic the economic impacts of the proposed that time, copies of the draft economic analysis will be available for impacts, public comments, and other

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new information, and areas may be implemented for the foreseeable future, PAMA). Those areas of the MSCP excluded from the final critical habitat based on past practices, written preserve that are already conserved, as designation under section 4(b)(2) of the guidance, or regulations; and well as those areas that are designated Act and our implementing regulations at (3) The plan provides conservation for inclusion in the preserve under the 50 CFR 424.19. strategies and measures consistent with plan, are referred to as the ‘‘preserve currently accepted principles of area’’ in this proposed revised critical Exclusions Based on National Security conservation biology. habitat designation. When the preserve Impacts We are considering exercising our is completed, the public sector (i.e., Under section 4(b)(2) of the Act, we delegated discretion to exclude Federal, State, and local government, consider whether there are lands owned proposed critical habitat covered by the and general public) will have or managed by the Department of City of San Diego Subarea Plan and the contributed 108,750 ac (44,010 ha) (63.3 Defense where a national security County of San Diego Subarea Plan under percent) to the preserve, of which impact might exist. In preparing this the San Diego Multiple Species 81,750 ac (33,083 ha) (48 percent) was proposal, we have exempted from the Conservation Program. Our review of existing public land when the MSCP designation of critical habitat those the plans under section 4(b)(2) of the was established, and 27,000 ac (10,927 lands on MCAS Miramar because the Act is consistent with our commitments ha) (16 percent) will have been base has an approved INRMP which the to the City and County in the acquired. At completion, the private Marine Corps is implementing and Implementing Agreements (IA) to sector will have contributed 63,170 ac which we have concluded provides a consider the plans in future (25,564 ha) (37 percent) to the preserve benefit to Monardella viminea. designations of critical habitat for as part of the development process, There are no other lands within the covered species (Service et al. 1997 p. either through avoidance of impacts or proposed designation of critical habitat 23 (City of San Diego IA and Service et as compensatory mitigation for impacts that are owned or managed by the al. 1998 p. 23 (County of San Diego IA). to biological resources outside the Department of Defense, and, therefore, We will consider the above criteria and preserve. Currently, and in the future, we anticipate no impact on national other relevant factors in making a Federal and State governments, local security. Consequently, the Secretary is decision under section 4(b)(2) of the jurisdictions and special districts, and not considering exercising his discretion Act. managers of privately owned land will to exclude any areas from the final San Diego Multiple Species manage and monitor their land in the designation based on impacts on Conservation Program (MSCP)—County preserve for species and habitat national security. of San Diego Subarea Plan and City of protection (MSCP 1998, pp. 2–1, and 4– Exclusions Based on Other Relevant San Diego Subarea Plan 2 to 4–4). Impacts The Multiple Species Conservation The City and County Subarea Plans Under section 4(b)(2) of the Act, we Program (MSCP) is a comprehensive include multiple conservation measures consider any other relevant impacts, in habitat conservation planning program that provide benefits to Monardella addition to economic impacts and that encompasses 582,243 (235,626 ha) viminea. The MSCP requires the City impacts on national security. We acres within 12 jurisdictions of and the County to develop framework consider a number of factors including southwestern San Diego County. The and site specific management plans, whether the landowners have developed MSCP is a subregional plan that subject to the review and approval of any HCPs or other management plans identifies the conservation needs of 85 the Service and CDFG, to guide the for the area, or whether there are Federally listed and sensitive species, management of all preserve land under conservation partnerships that would be including Monardella viminea, and City and County control. Currently, the encouraged by designation of, or serves as the basis for development of framework plans are in place, and the exclusion from, critical habitat. In subarea plans by each jurisdiction in County of San Diego has developed a addition, we look at any Tribal issues, support of section 10(a)(1)(B) permits. site-specific management plan for the and consider the government-to- The subregional MSCP identifies where one area under its ownership that government relationship of the United mitigation activities should be focused, contains M. viminea (Sycamore States with Tribal entities. We also such that upon full implementation of Canyon), which incorporates consider any social impacts that might the subarea plans approximately requirements to monitor and adaptively occur because of the designation. 171,920 ac (69,574 ha) of the 582,243 ac manage M. viminea habitat over time. In (235,626 ha) MSCP plan area will be contrast, though the City of San Diego Land and Resource Management Plans, preserved and managed for covered has conserved 100 percent of M. Conservation Plans, or Agreements species. Conservation of Monardella viminea occurrences on City-owned Based on Conservation Partnerships viminea is addressed in the sub-regional lands within preserve areas (City of San We consider whether a current land plan, and in the City of San Diego and Diego 1997, p. 127), it has not management or conservation plan (HCPs County of San Diego Subarea Plans that developed any site-specific management as well as other types) provides we are considering for exclusion in this plan for any lands containing M. adequate management or protection for rule. viminea, including the lands we are critical habitat of Monardella viminea. The subregional MSCP identifies proposing as critical habitat. Any M. In particular, we consider whether: where mitigation activities should be viminea occurrences that occur on (1) The plan is complete and provides focused, such that upon completion private lands that have not been the same or better level of protection approximately 171,920 ac (69,574 ha) of conserved by the City of San Diego from adverse modification or the 582,243 ac (235,626 ha) MSCP plan Subarea Plan receive no management or destruction than is likely to result from area will be preserved for conservation protection other than that provided by a consultation under section 7 of the (MSCP 1998, pp. 2–1, and 4–2 to 4–4). the ESL (almost all occurrences that Act; The City and County Subarea Plans occur within the City of San Diego’s (2) There is a reasonable expectation identify areas where mitigation MSCP Subarea Plan area have been that the conservation management activities should be focused to assemble protected in MSCP reserves; see Factor strategies and actions will be its preserve areas (i.e., MHPA or D discussion above). The ESL provides

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protection for sensitive biological assumptions, and analyses. We have effects of the rule on small entities resources (including Monardella invited these peer reviewers to comment (small businesses, small organizations, viminea and its habitat), by ensuring during this public comment period on and small government jurisdictions). that development occurs ‘‘in a manner our specific assumptions and However, no regulatory flexibility that protects the overall quality of the conclusions in this proposed analysis is required if the head of an resources and the natural and designation of critical habitat. agency certifies the rule will not have a topographic character of the area, We will consider all comments and significant economic impact on a encourages a sensitive form of information we receive during this substantial number of small entities. development, retains biodiversity and comment period on this proposed rule The SBREFA amended RFA to require interconnected habitats, maximizes during our preparation of the final Federal agencies to provide a physical and visual public access to and determination. Accordingly, the final certification statement of the factual along the shoreline, and reduces decision may differ from this proposal. basis for certifying that the rule will not hazards due to flooding in specific areas have a significant economic impact on Public Hearings while minimizing the need for a substantial number of small entities. construction of flood control facilities.’’ Section 4(b)(5) of the Act provides for At this time, we lack the available The ESL was designed to act as an one or more public hearings on this economic information necessary to implementing tool for the City of San proposal, if requested. We must receive provide an adequate factual basis for the Diego Subarea Plan (City of San Diego your request within 45 days after the required RFA finding. Therefore, we 1997, p. 98). date of this Federal Register defer the RFA finding until completion The MSCP also provides for a publication. Send your request to the of the draft economic analysis prepared biological monitoring program, and address shown in the FOR FURTHER under section 4(b)(2) of the Act and Monardella viminea is identified as a INFORMATION CONTACT section. We will Executive Order 12866. This draft first priority species for field monitoring schedule public hearings on this economic analysis will provide the under both the City and County Subarea proposal, if any are requested, and required factual basis for the RFA Plans. Under the County’s subarea plan, announce the dates, times, and places of finding. Upon completion of the draft Group A plant species, including M. those hearings, as well as how to obtain economic analysis, we will announce viminea, are conserved following reasonable accommodations, in the availability of the draft economic guidelines outlined by the County’s Federal Register and local newspapers analysis of the proposed designation in Biological Mitigation Ordinance, which at least 15 days before the hearing. the Federal Register and reopen the uses a process that: public comment period for the proposed (1) Requires avoidance to the Required Determinations designation. We will include with this maximum extent feasible; Regulatory Planning and Review— announcement, as appropriate, an initial (2) Allows for a maximum 20 percent Executive Order 12866 encroachment into a population if total regulatory flexibility analysis or a avoidance is not feasible; and The Office of Management and Budget certification that the rule will not have (3) Requires mitigation at the 1:1 to (OMB) has determined that this rule is a significant economic impact on a 3:1 (in kind) for impacts if avoidance not significant and has not reviewed substantial number of small entities and minimization of impacts would this proposed rule under Executive accompanied by the factual basis for result in no reasonable use of the Order 12866 (Regulatory Planning and that determination. We have concluded property. Review). OMB bases its determination that deferring the RFA finding until We are considering exercising our upon the following four criteria: completion of the draft economic delegated discretion to exclude from (1) Whether the rule will have an analysis is necessary to meet the critical habitat a portion of Unit 1 annual effect of $100 million or more on purposes and requirements of the RFA. covered by the County of San Diego the economy or adversely affect an Deferring the RFA finding in this Subarea Plan under section 4(b)(2) of economic sector, productivity, jobs, the manner will ensure that we make a the Act. This area encompasses environment, or other units of the sufficiently informed determination approximately 36 ac (15 ha) of land. We government. based on adequate economic are also considering exercising our (2) Whether the rule will create information and provide the necessary delegated discretion to exclude from inconsistencies with other Federal opportunity for public comment. critical habitat portions of Units 1–5 agencies’ actions. Energy Supply, Distribution, or Use— covered by the City of San Diego (3) Whether the rule will materially Executive Order 13211 Subarea Plan under section 4(b)(2) of affect entitlements, grants, user fees, the act. This area encompasses 172 ac loan programs, or the rights and Executive Order 13211 (Actions (70 ha) of land. All areas that are obligations of their recipients. Concerning Regulations That covered by the HCPs (City of San Diego (4) Whether the rule raises novel legal Significantly Affect Energy Supply, Subarea Plan under the MSCP and or policy issues. Distribution, or Use) requires agencies to prepare Statements of Energy Effects County of San Diego Subarea Plan under Regulatory Flexibility Act (5 U.S.C. 601 the MSCP) are considered for exclusion. when undertaking certain actions. We et seq.) do not expect the designation of this Peer Review Under the Regulatory Flexibility Act proposed critical habitat to significantly In accordance with our joint policy on (RFA; 5 U.S.C. 601 et seq.) as amended affect energy supplies, distribution, or peer review published in the Federal by the Small Business Regulatory use, because there are no energy or Register on July 1, 1994 (59 FR 34270), Enforcement Fairness Act (SBREFA) of distribution facilities within the area we will seek the expert opinions of at 1996 (5 U.S.C. 801 et seq.), whenever an proposed as critical habitat. Therefore, least three appropriate and independent agency must publish a notice of this action is not a significant energy specialists regarding this proposed rule. rulemaking for any proposed or final action, and no Statement of Energy The purpose of peer review is to ensure rule, it must prepare and make available Effects is required. However, we will that our critical habitat designation is for public comment a regulatory further evaluate this issue as we based on scientifically sound data, flexibility analysis that describes the conduct our economic analysis, and

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review and revise this assessment as legally binding duty to avoid and their activities. The designation warranted. destruction or adverse modification of may have some benefit to these critical habitat rests squarely on the Unfunded Mandates Reform Act (2 governments because the areas that Federal agency. Furthermore, to the U.S.C. 1501 et seq.) contain the physical and biological extent that non-Federal entities are features essential to the conservation of In accordance with the Unfunded indirectly impacted because they the species are more clearly defined, Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate and the elements of the features of the seq.), we make the following findings: in a voluntary Federal aid program, the habitat necessary to the conservation of (1) This rule would not produce a Unfunded Mandates Reform Act would Federal mandate. In general, a Federal the species are specifically identified. not apply, nor would critical habitat This information does not alter where mandate is a provision in legislation, shift the costs of the large entitlement statute, or regulation that would impose and what Federally sponsored activities programs listed above onto State may occur. However, it may assist these an enforceable duty upon State, local, or governments. Tribal governments, or the private (2) We do not believe that this rule local governments in long-range sector, and includes both ‘‘Federal would significantly or uniquely affect planning (rather than having them wait intergovernmental mandates’’ and small governments. Small governments for case-by-case section 7 consultations ‘‘Federal private sector mandates.’’ would be affected only to the extent that to occur). These terms are defined in 2 U.S.C. any programs having Federal funds, Where State and local governments 658(5)–(7). ‘‘Federal intergovernmental permits, or other authorized activities require approval or authorization from a mandate’’ includes a regulation that must ensure that their actions would not Federal agency for actions that may ‘‘would impose an enforceable duty adversely affect the critical habitat. affect critical habitat, consultation upon State, local, or Tribal Therefore, a Small Government Agency under section 7(a)(2) would be required. governments’’ with two exceptions. It Plan is not required. However, we will While non-Federal entities that receive excludes ‘‘a condition of Federal further evaluate this issue as we Federal funding, assistance, or permits, assistance.’’ It also excludes ‘‘a duty conduct our economic analysis, and or that otherwise require approval or arising from participation in a voluntary review and revise this assessment if authorization from a Federal agency for Federal program,’’ unless the regulation appropriate. an action, may be indirectly impacted ‘‘ relates to a then-existing Federal by the designation of critical habitat, the program under which $500,000,000 or Takings—Executive Order 12630 legally binding duty to avoid more is provided annually to State, In accordance with Executive Order destruction or adverse modification of local, and Tribal governments under 12630 (Government Actions and critical habitat rests squarely on the entitlement authority,’’ if the provision Interference with Constitutionally would ‘‘increase the stringency of Protected Private Property Rights), we Federal agency. conditions of assistance’’ or ‘‘place caps have analyzed the potential takings Civil Justice Reform—Executive Order upon, or otherwise decrease, the Federal implications of designating critical 12988 Government’s responsibility to provide habitat for Monardella viminea in a funding,’’ and the State, local, or Tribal takings implications assessment. Critical In accordance with Executive Order governments ‘‘lack authority’’ to adjust habitat designation does not affect 12988 (Civil Justice Reform), it has been accordingly. At the time of enactment, landowner actions that do not require determined that the rule does not these entitlement programs were: Federal funding or permits, nor does it unduly burden the judicial system and Medicaid; Aid to Families with preclude development of habitat that it meets the requirements of Dependent Children work programs; conservation programs or issuance of sections 3(a) and 3(b)(2) of the Order. Child Nutrition; Food Stamps; Social incidental take permits to permit actions We have proposed designating critical Services Block Grants; Vocational that do require Federal funding or habitat in accordance with the Rehabilitation State Grants; Foster Care, permits to go forward. The takings provisions of the Act. This proposed Adoption Assistance, and Independent implications assessment concludes that rule uses standard property descriptions Living; Family Support Welfare this designation of critical habitat for M. and identifies the elements of physical Services; and Child Support viminea would not pose significant and biological features essential to the Enforcement. ‘‘Federal private sector takings implications for lands within or conservation of Monardella viminea mandate’’ includes a regulation that affected by the designation. within the designated areas to assist the ‘‘would impose an enforceable duty Federalism—Executive Order 13132 public in understanding the habitat upon the private sector, except (i) a needs of the species. condition of Federal assistance or (ii) a In accordance with Executive Order duty arising from participation in a 13132 (Federalism), this proposed rule Paperwork Reduction Act of 1995 (44 voluntary Federal program.’’ does not have significant Federalism U.S.C. 3501 et seq.) The designation of critical habitat effects. A Federalism assessment is not does not impose a legally binding duty required. In keeping with Department of This rule does not contain any new on non-Federal Government entities or the Interior and Department of collections of information that require private parties. Under the Act, the only Commerce policy, we requested approval by OMB under the Paperwork regulatory effect is that Federal agencies information from, and coordinated Reduction Act of 1995 (44 U.S.C. 3501 must ensure that their actions do not development of, this proposed critical et seq.). This rule will not impose destroy or adversely modify critical habitat designation with appropriate recordkeeping or reporting requirements habitat under section 7. While non- State resource agencies in California. on State or local governments, Federal entities that receive Federal The designation of critical habitat in individuals, businesses, or funding, assistance, permits, or that areas currently occupied by Monardella organizations. An agency may not otherwise require approval or viminea would impose no additional conduct or sponsor, and a person is not authorization from a Federal agency for restrictions to those currently in place required to respond to, a collection of an action, may be indirectly impacted and, therefore, has little incremental information unless it displays a by the designation of critical habitat, the impact on State and local governments currently valid OMB control number.

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National Environmental Policy Act (42 sections or paragraphs that are unclearly References Cited U.S.C. 4321 et. seq.) written, which sections or sentences are A complete list of references cited in too long, the sections where you feel It is our position that, outside the this rulemaking is available on the lists or tables would be useful, etc. jurisdiction of the U.S. Court of Appeals Internet at http://www.regulations.gov for the Tenth Circuit, we do not need to Government-to-Government and upon request from the Carlsbad prepare environmental analyses under Relationship With Tribes Fish and Wildlife Office (see FOR the National Environmental Policy Act FURTHER INFORMATION CONTACT). (NEPA; 42 U.S.C. 4321 et seq.) in In accordance with the President’s connection with designating critical memorandum of April 29, 1994 Authors habitat under the Act. We published a (Government-to-Government Relations The primary authors of this package notice outlining our reasons for this with Native American Tribal are the staff members of the Carlsbad determination in the Federal Register Governments; 59 FR 22951), Executive Fish and Wildlife Office. on October 25, 1983 (48 FR 49244). This Order 13175 (Consultation and List of Subjects in 50 CFR Part 17 position was upheld by the U.S. Court Coordination With Indian Tribal of Appeals for the Ninth Circuit Governments), and the Department of Endangered and threatened species, (Douglas County v. Babbitt, 48 F.3d the Interior’s manual at 512 DM 2, we Exports, Imports, Reporting and 1495 (9th Cir. 1995), cert. denied 516 readily acknowledge our responsibility recordkeeping requirements, U.S. 1042 (1996)). to communicate meaningfully with Transportation. recognized Federal Tribes on a Clarity of the Rule government-to-government basis. In Proposed Regulation Promulgation We are required by Executive Orders accordance with Secretarial Order 3206 Accordingly, we propose to amend 12866 and 12988 and by the of June 5, 1997 (American Indian Tribal part 17, subchapter B of chapter I, title Presidential Memorandum of June 1, Rights, Federal-Tribal Trust 50 of the Code of Federal Regulations, 1998, to write all rules in plain Responsibilities, and the Endangered as set forth below: language. This means that each rule we Species Act), we readily acknowledge publish must: our responsibilities to work directly PART 17—ENDANGERED AND (1) Be logically organized; with Tribes in developing programs for THREATENED WILDLIFE AND PLANTS (2) Use the active voice to address healthy ecosystems, to acknowledge that readers directly; Tribal lands are not subject to the same 1. The authority citation for part 17 (3) Use clear language rather than controls as Federal public lands, to continues to read as follows: jargon; remain sensitive to Indian culture, and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (4) Be divided into short sections and to make information available to Tribes. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– sentences; and We have determined that there are no 625, 100 Stat. 3500; unless otherwise noted. (5) Use lists and tables wherever Tribal lands occupied by Monardella 2. In § 17.12(h), revise the entry for possible. viminea that contain the features ‘‘Monardella linoides ssp. viminea’’ If you feel that we have not met these essential for conservation of the species, under ‘‘FLOWERING PLANTS’’ in the requirements, send us comments by one and no Tribal lands unoccupied by M. List of Endangered and Threatened of the methods listed in the ADDRESSES viminea that are essential for the Plants to read as follows: section. To better help us revise the conservation of the species. Therefore, rule, your comments should be as we have not proposed designation of § 17.12 Endangered and threatened plants. specific as possible. For example, you critical habitat for M. viminea on Tribal * * * * * should tell us the numbers of the lands. (h) * * *

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

Flowering Plants

******* Monardella viminea Willowy monardella U.S.A. (CA), Mexico Lamiaceae ...... E 649 17.96(a) NA

*******

3. In § 17.96, amend paragraph (a) by Family Lamiaceae: Monardella viminea (A) Water flows only after peak revising critical habitat for Monardella (willowy monardella) seasonal rainstorms; linoides ssp. viminea (willowy (B) High runoff events periodically (1) Critical habitat units are depicted monardella) under Family Lamiaceae to scour riparian vegetation and for San Diego County, California, on the read as follows: redistribute alluvial material to create maps below. new stream channels, benches, and § 17.96 Critical habitat—plants. (2) Within these areas, the primary sandbars; and constituent element of the physical and (a) Flowering plants. (C) Water flows for usually less than biological features essential to the 48 hours after a rain event, without * * * * * conservation of Monardella viminea is long-term standing water; riparian channels with ephemeral (ii) With surrounding vegetation that drainages and adjacent floodplains: provides semi-open, foliar cover with: (i) With a natural hydrological regime, (A) Little or no herbaceous in which: understory;

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(B) Little to no canopy cover; sandbars, channel banks, or sandy boundaries on the effective date of this (C) Open ground cover, less than half washes; and rule. of which is herbaceous vegetation cover; (iv) That have soil with high sand (4) Critical habitat map units. Data (D) Some shrub cover; and content, typically characterized by layers defining map units were created (E) An association of other plants, sediment and cobble deposits, and using a base of U.S. Geological Survey including Eriogonum fasciculatum further characterized by a high content 7.5’ quadrangle maps. Critical habitat (California buckwheat) and Baccharis of coarse, sandy grains and low content units were then mapped using Universal sarothroides (broom baccharis); (iii) That contain ephemeral drainages of silt and clay. Transverse Mercator (UTM) zone 11, that: (3) Critical habitat does not include North American Datum (NAD) 1983 (A) Are made up of coarse, rocky, or manmade structures (such as buildings, coordinates. sandy alluvium; and aqueducts, runways, roads, and other (5) Note: Index map of critical habitat (B) Contain terraced floodplains, paved areas) and the land on which they units for Monardella viminea follows: terraced secondary benches, stabilized are located existing within the legal BILLING CODE 4310–55–P

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(6) Unit 1: Sycamore Canyon and (i) [Reserved for textual description of (iii) Note: Map of Unit 1 and Unit 2, West Sycamore Canyon, San Diego Unit 1.] Sycamore Canyon and West Sycamore County, California. (ii) [Reserved for textual description Canyon, follows: of Unit 2.]

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(7) Units 3 and 4: Spring Canyon and (i) [Reserved for textual description of (iii) Note: Map of Unit 3 and Unit 4, East San Clemente Canyon, San Diego Unit 3.] Spring Canyon and East San Clemente County, California. (ii) [Reserved for textual description Canyon, follows: of Unit 4.]

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(8) Unit 5: West San Clemente (i) [Reserved for textual description of (ii) Note: Map of Unit 5, West San Canyon, San Diego County, California. Unit 5.] Clemente Canyon, follows:

* * * * * Dated: May 25, 2011. Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011–13912 Filed 6–8–11; 8:45 am] BILLING CODE 4310–55–C

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