Wednesday, October 16, 2002

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Holocarpha macradenia (Santa Cruz Tarplant); Final Rule

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DEPARTMENT OF THE INTERIOR one of only four species of the genus of dormant seeds, generally found in the Holocarpha. All four are geographically soil) in the field, and germination may Fish and Wildlife Service restricted to California. The plant is be delayed for many years until further rigid with lateral branches that grow to environmental cues break their 50 CFR Part 17 the height of the main stem, which is 10 dormancy (Bainbridge 1999). RIN 1018–AG73 to 50 centimeters (cm) (4 to 20 inches The disc achenes usually fall from the (in)) tall. The lower leaves are broadly receptacle to the ground below the Endangered and Threatened Wildlife linear and up to 12 cm (5 in) long; the parent plant, while the ray achenes are and Plants; Final Designation of upper leaves are smaller, with rolled enclosed in a sticky glandular phyllary Critical Habitat for Holocarpha back margins, and are truncated by a (leaf-like structure) which aides macradenia (Santa Cruz Tarplant) distinctive craterform (open pitted) dispersal by attaching to animals. Those gland. The yellow daisy-like flower animals likely to assist in seed dispersal AGENCY: Fish and Wildlife Service, head is surrounded from beneath by include, but are not limited to, mule Interior. individual bracts (small leaf-like deer (Odocoileus hemionus), gray foxes ACTION: Final rule. structures associated with the flower (Urocyon cinereoargenteus), coyotes head) that have about 25 stout gland- (Canis latrans), black-tailed jackrabbits SUMMARY: We, the U.S. Fish and tipped projections (Keil 1993). H. (Lepus californicus), bobcats (Felis Wildlife Service (Service), designate macradenia is distinguished from other rufus), striped skunks (Mephitis critical habitat pursuant to the members of the genus by its numerous mephitis), opossums (Didelphis Endangered Species Act of 1973, as ray flowers and black anthers. virginiana), racoons (Procyon lotor), and amended (Act), for Holocarpha Holocarpha macradenia, like other other small mammals and small birds. macradenia (Santa Cruz tarplant). closely related tarplants in the genus The Holocarpha macradenia seed Approximately 1,175 hectares (2,902 Deinandra, is self-incompatible, bank is important to the species’ year- acres) of land in Contra Costa, Santa meaning that individuals will not to-year and long-term survival Cruz, and Monterey Counties, produce viable seeds without cross (Bainbridge 1999). A seed bank includes California, fall within the boundaries of pollinating with other individuals (B. all seeds in a population and generally the critical habitat designation. This Baldwin, in litt., 2001). Gene flow from covers a larger area than the extent of critical habitat designation provides individual to individual and from observable plants seen in a given year. additional protection under section 7 of population to population increases the The extent of seed bank reserves is the Act with regard to actions carried likelihood of viability through the variable from population to population. out, funded, or authorized by a Federal maintenance of genetic diversity; For example, in 1999 at the Twin Lakes agency. Section 4 of the Act requires us therefore gene flow is important for the population of H. macradenia in Santa to consider economic and other relevant long-term survival of self-incompatible Cruz, the seed bank density averaged impacts when specifying any particular species (Ellstrand 1992). Gene flow 240 seeds per square meter (m 2) (10 area as critical habitat. We solicited data often occurs through pollen movement square feet (ft 2)); at the Watsonville and comments from the public on all between populations, and likely occurs Airport, the seed bank density averaged aspects of the proposed rule, including over short distances; most of the native 887 seeds per m 2 (10 ft 2); at the Porter data on economic and other impacts of insects thought to pollinate H. Ranch population in northern Monterey the designation, and our approaches for macradenia generally travel less than County, the seed bank density averaged handling any future habitat 0.5 kilometers (km) (0.3 miles (mi)) at 40,000 seeds per m 2 (10 ft 2) (Bainbridge conservation plans. one time (Waser, in litt., 2002). Clusters 1999; S. Bainbridge, pers. comm., 2001). DATES: This rule becomes effective on of small populations of H. macradenia The number and location of standing November 15, 2002. may facilitate greater gene flow; plants (observable plants) in a therefore, even the conservation of small population varies annually. For ADDRESSES: Comments and materials occurrences may be critical to example, the Graham Hill population received, as well as supporting maintaining genetic diversity in this near Santa Cruz comprised 12,000 documentation, used in the preparation species. Native bees, bee flies, and standing plants in 1994 and 550 in 2001 of this final rule, will be available for wasps have been observed visiting H. (V. Haley, consultant, Felton, CA, pers. public inspection, by appointment, macradenia flowers (Sue Bainbridge, comm., 2001); the Apple Hill during normal business hours at the Jepson Herbarium, University of population near Watsonville comprised Ventura Fish and Wildlife Office, U.S. California, Berkeley, pers. comm., 2001). 0 standing plants in 1999; 4,049 in 2000; Fish and Wildlife Service, 2493 Portola Seed production in Holocarpha and 1,330 in 2002 (T. Edell, in litt., Road, Suite B, Ventura, CA 93003. macradenia is highly variable. A large, 2000; 2002). This annual variation in FOR FURTHER INFORMATION CONTACT: multi-branched individual may produce standing plants is due to a number of Connie Rutherford, Ventura Fish and 25 seed heads with up to 15 seeds per factors, including the amount and Wildlife Office, U.S. Fish and Wildlife head, while individuals growing in timing of rainfall, temperature, soil Service, telephone 805/644–1766; crowded conditions may be unbranched conditions, and extent and nature of the facsimile 805/644–3958. Information and produce only one seed head (S. seed bank. regarding this proposal is available in Bainbridge, pers. comm., 2001). Floral Management activities can affect the alternate formats upon request. heads produce two kinds of achenes balance between the number of standing SUPPLEMENTARY INFORMATION: (seeds), disc and ray. The disc achenes plants and the extent of seed bank readily germinate under field and lab reserves. Burning, mowing, and Background conditions, but appear to lose viability scraping habitat for Holocarpha Holocarpha macradenia (Santa Cruz within 18 months of production macradenia have been utilized to tarplant) is an aromatic annual herb in (Bainbridge 1999; S. Bainbridge, pers. enhance populations at several sites, the aster family (Asteraceae) that is comm., 2001). In contrast, the ray including Graham Hill, Arana Gulch, restricted to coastal terrace prairie achenes do not germinate readily under Twin Lakes, Tan, and Apple Hill, with habitat along the coast of central field and lab conditions; they represent variable results. At the Watsonville California. Holocarpha macradenia is the persistent soil seed bank (a reserve Airport site, H. macradenia habitat

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adjacent to runways has been mowed, dissected, and H. macradenia The distribution of Holocarpha disced, and grazed to maintain visibility populations historically occurred on the macradenia has been severely reduced for airport operations. While this alluvium resulting from terrace deposits due to continuing destruction and management has increased the density (Palmer 1986). alteration of coastal prairie habitat. All of H. macradenia, the vigor of In Santa Cruz County, where most of the native San Francisco Bay area individual plants appears to be in the remaining native populations of populations have been extirpated. The decline, and the seed bank reserve may Holocarpha macradenia occur, the soils last remaining native population in this be becoming depleted (Deb Hillyard, most typically found on marine terraces area, known as the Pinole Vista California Department of Fish and Game and the alluvial deposits derived from population, consisting of 10,000 plants, (CDFG), pers. comm., 2001). them are of several soil series (Brabb was eliminated in 1993 by commercial Habitat for Holocarpha macradenia 1989; SCS 1978, 1980). The Watsonville, development (CDFG 1997). historically consisted of grasslands and Tierra, Elkhorn, and Pinto soil series are Along Monterey Bay in Santa Cruz prairies found on coastal terraces below most frequently associated with and Monterey Counties, approximately 100 meters (m) (330 feet (ft)) in occurrences of H. macradenia. These 13 populations are extant. According to elevation, from Monterey County north loams and sandy loams are deep and CNDDB, an additional nine populations to Marin County (CNDDB 2001). In the range from well drained to somewhat along the Monterey Bay have been late 1800s, coastal prairies were poorly drained. Other soil series, extirpated by development, most estimated to cover 350,000 hectares (ha) including Los Osos, Elder, and Diablo, recently in 1993 when a population in (865,000 acres (ac)) in California are also located in the vicinity of known Watsonville (Anna Street site) was (Huenneke 1989). Historically, four populations of H. macradenia, but due destroyed during construction of office major factors contributed to changes in to the scale used for mapping the buildings and a parking lot (CDFG 1993, the distribution and composition of distribution of soils, we cannot 1995). Other populations have declined coastal prairies: Livestock grazing; the determine the importance of these soils or have recently disappeared due to introduction of highly competitive, to this species. changes in grassland management that nonnative species; the elimination of Because the soils where Holocarpha favor species which compete with periodic fire; and cultivation (Heady et macradenia occurs typically include a Holocarpha macradenia. Where habitat al. 1988). The remaining coastal prairie subsurface clay component, they hold is still intact, management favorable to habitat in the Monterey Bay area, as moisture longer into the growing season H. macradenia can reverse these trends well as in the rest of the State, is compared to the surrounding sandy and allow seeds in the dormant seed becoming increasingly fragmented and soils. As a summer-blooming species, H. bank of the species to germinate and restricted in distribution, largely due to macradenia may benefit from this late grow. The ability to provide appropriate these same factors as well as urban season moisture (CDFG 1995); management for the remaining development. alternatively, the saturated soil occurrences of H. macradenia will be In the Santa Cruz area, Holocarpha conditions during the spring season may pivotal in the recovery of the species. macradenia exists on flat to gently be too wet for many other species to Holocarpha macradenia is currently sloping marine terrace platforms that are become established, and therefore known from approximately 13 native separated by steep-sided gulches. A maintain the reduced cover that H. and 8 experimentally seeded series of populations occur on older macradenia prefers (Grey Hayes, populations (CNDDB 2001, CDFG 2000) marine terraces inland from the University of California, Santa Cruz, in Contra Costa, Monterey, and Santa communities of Santa Cruz and Soquel; pers. comm., 2001). Cruz Counties. Some of the native these terraces range in elevation from Today, the Santa Cruz tarplant is populations may represent separate, about 34 to 122 m (110 to 400 ft). Two associated most frequently with grasses fragmented patches of what historically populations (Arana Gulch and Twin such as Avena fatua (nonnative wild was a single larger population. Seven of Lakes) occur on a more recent marine oat), Hordeum murinum (barley), Briza the native populations occur around the terrace at lower elevations (12 to 18 m maxima (rattlesnake grass), Vulpia spp. cities of Santa Cruz and Soquel. These (40 to 60 ft)) and closer to the ocean. In (vulpia), and Bromus sp. (bromes); populations, with the number of the Watsonville area in Santa Cruz frequent native associates include standing plants and year of the most County, a series of H. macradenia Juncus spp. (rushes) and Danthonia recent survey, are: Graham Hill Road, populations occur on a low-lying californica (California oatgrass). 575–650 individuals (2002); De Laveaga, marine terrace (15 to 37 m (50 to 120 ft) Associated native herbaceous species ‘‘several thousand’’ individuals (2001), in elevation) that is dissected by include other tarplants from the genus Arana Gulch, 10,000 individuals (2002); Harkins Slough, Hanson Slough, and Hemizonia. At some locations, the plant Twin Lakes, 21 individuals (2002); Struve Slough; the close proximity of is found with rare or sensitive species, O’Neill/Tan, 0 individuals (2001); these populations suggest that they were including Perideridia gairdneri Winkle (also referred to as Santa Cruz once part of a larger population that has (Gairdner’s yampah), Plagiobothrys Gardens), 0 individuals (1994); and since been fragmented by changes in diffusus (San Francisco popcorn Fairway, 150 individuals (2001) (V. land use over the past 100 years. flower), Trifolium buckwestiorum (Santa Haley, in litt., 2002; Root 2001; Seals Approximately 6.4 km (4 mi) north of Cruz clover), and the Ohlone tiger beetle 2002; S. Bainbridge, in litt., 2002; Watsonville, several H. macradenia (Cicindela ohlone), a species listed as Rigney 2001; CNDDB 2001; Rutherford, populations are located on a marine endangered (Service 2001). Other pers. obs., 2001). The names of the terrace 55 m (180 ft) in elevation. locally unique plant species such as populations used here are those used in Approximately 4.8 km (3 mi) south of Plagiobothrys chorisianus var. the final rule to list the species Watsonville a population occurs at an chorisianus (Choris’s popcorn flower), published on March 20, 2000 (65 FR elevation of 30 m (100 ft) on alluvium Triteleia ixiodes (Triteleia), Eryngium 14898). (sedimentary material deposited by armatum (coast coyote thistle), and The remaining six native populations flowing water) resulting from marine Grindelia hirsutula var. maritima (San occur around the city of Watsonville. terrace deposits. On the east side of San Francisco gumplant) also occur in these Four of these are bounded generally by Francisco Bay (Contra Costa County), areas (CNDDB 2001; Hayes 2002; Corralitos Creek, Harkins Slough, the marine terraces are more extensively Stromberg, et al. 2001). Watsonville Slough, and the city of

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Watsonville; they may represent including raking, scraping, mowing, and practical in all areas where H. remnants of a larger population. These controlled burning with the objective of macradenia habitat includes a four populations, with their number of increasing the number of standing complement of nonnative species. standing plants and year of the most individuals, which had been in decline Moreover, while the presence of H. recent survey are: Watsonville Airport, since grazing was terminated in the macradenia could be maintained in 2,492,000 individuals (2001); Harkins 1980s (CDFG 1997). The CDFG has been areas with a high abundance of Slough, 15,000 individuals (1993); applying habitat manipulations nonnative species, the habitat quality of Apple Hill, 1,330 individuals (2002); (mowing, burning, and scraping) and these areas for H. macradenia may be and Struve Slough, 1 individual (1994). carrying out seed bank studies less than areas where the presence of Two outlying populations in the (Bainbridge 1999). The California nonnative species is minimal. Research Watsonville area are: Spring Hills Golf Department of Transportation on the effects of different frequencies of Course, 4,000 individuals (1990); and (CalTrans) has been mowing the Apple mowing, litter removal, and soil Porter Ranch, 120,000 individuals Hill population west of Watsonville to disturbances on habitat for H. (2001) (Duffy & Associates 2002; reduce the biomass of nonnative grasses macradenia is ongoing by researchers at CNDDB 2001; Edell, in litt., 2002; (T. Edell, in litt., 1998). While the the University of California (UC) at Bainbridge, in litt., 2002). interpretation of results can be complex, Santa Cruz and UC Berkeley’s Jepson The eight experimentally seeded these efforts generally show that the Herbarium (Holl, in litt., 2002; populations of Holocarpha macradenia number of standing individuals may be Bainbridge, in litt., 2002b) and will have resulted from the planting of seed increased by reducing the potential for contribute to our understanding of how in Wildcat Regional Park in the east San competition between H. macradenia to optimize management efforts to Francisco Bay area (East Bay). The final and nonnative grasses through these benefit this species. rule to list H. macradenia (65 FR 14898) management practices. However, Based on the presence of other included a discussion of these efforts to increasing the number of standing fragments of remaining coastal terrace establish new populations within the individuals may also deplete seed bank prairie habitat, we believe that historic range of the species. Twenty- reserves; therefore, the goals of additional populations of Holocarpha two sites were seeded between 1982 and appropriate management should include macradenia may occur within the 1986 in what appeared to be suitable not only increasing the number of current range of the species but have not habitat but representing a range of standing individuals in small yet been detected. In particular, suitable conditions based on the following populations, but also maintaining the habitat most likely remains on older criteria: soil series (Tierra as well as five appropriate balance between standing coastal terraces that lie to the north of others), grazing pressure (light or individuals and seed bank reserves. the cities of Santa Cruz and Soquel. moderate), and exposure to coastal fog Several proposed development These areas may contain a viable seed (fog, wind but no fog, and out of wind). projects will impact habitat for bank, even if no standing plants are The seeds used for planting had been Holocarpha macradenia. Housing found. collected from East Bay populations at developments have been approved for Holocarpha macradenia is threatened the northern end of the species’ range. several sites including the Graham Hill primarily by historic and recent habitat Although a number of populations did site and the Fairway site, but destruction caused by residential well for a few years, many have failed management plans for H. macradenia development and habitat alteration to persist. Of the eight populations that have not yet been fully implemented. A caused primarily by land management have persisted at least for 14 years, only management plan for H. macradenia has practices that favor the increase of other one, Mezue, has consistently supported been initiated for the Tan population, species which compete with H. large numbers of individuals. In the year but has not yet resulted in enhancement macradenia. Most often, the 2000, this population was the largest it of the population. Approval for a establishment of invasive, competing has been since the initial seeding in housing development adjacent to the species follows from the cessation of 1983 and supported over 17,000 Winkle population is pending. A grazing by cattle or horses. Future loss individuals (CDFG 2000). housing development for the Struve of habitat may also result from Very recently, three population Slough was recently approved without recreational development, airport introductions have been attempted in any active management plan for H. expansion, and agriculture. Habitat that conjunction with research on the effects macradenia. As a result of a legal has been set aside in preserves, of different grazing regimes on the suite challenge, Watsonville Wetlands Watch conservation easements, and open of herb species (as opposed to grass has been granted 3 years to raise spaces also suffers secondary impacts species) within native coastal prairie. funding to purchase a 2-ha (6-ac) from: (1) Casual use by residents; (2) Two of the seeding attempts are located portion of the site that supports H. introduction of invasive species; (3) lack just north and west of the city of Santa macradenia for conservation purposes of active management; and (4) changes Cruz, and one is in northern Monterey (Superior Court of the State of California in hydrology. In particular, smaller County within the Elkhorn critical 2001). preserve areas with H. macradenia habitat unit. Although it is too early to As has been observed at the suffer because they are cut off from assess the degree of success these efforts Watsonville Airport, human activities, many ecosystem functions dependent will achieve, the population within the such as mowing and cattle grazing can upon soil and hydrologic characteristics Elkhorn unit appears to be doing the favor the abundance of Holocarpha that would be present in larger, more best of the three at this point (Holl, in macradenia by reducing competition contiguous sites. More often, these litt., 2002). from other herbaceous species. smaller areas are left as open spaces, but Several agencies have taken the However, because these activities can without the benefit of the grassland initiative to undertake efforts to enhance also promote the spread and management needed to sustain them. habitat for H. macradenia. In establishment of nonnative species, they Nonnative species that have invaded conjunction with the CDFG, the city of may need to be repeated at frequent and threaten habitat supporting native Santa Cruz has been applying a variety intervals or at certain times to maintain populations of Holocarpha macradenia of habitat manipulations to plots within the establishment of H. macradenia. include Genista monspessulana (French the Arana Gulch Open Space Preserve, Such intensive management may not be broom), Eucalyptus sp. (eucalyptus),

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Acacia decurrens and A. melanoxylon the Act, this finding must be recycled Babbitt (Case No. C99–2992 (N.D.Cal.)). (acacia), and a number of nonnative annually, until the species is either On May 22, 2000, the judge signed an grass species, particularly Phalaris proposed for listing, or the petitioned order for the Service to propose critical aquatica (Harding grass) and Bromus action is found to be not warranted. habitat for the species by September 30, spp. (bromes). In Wildcat Regional Park Each October from 1983 through 1990 2001. In mid-September 2001, plaintiffs in the East Bay area, Cynara further findings were made that the agreed to a brief extension of this due cardunculus (artichoke thistle) has listing of H. macradenia was warranted, date until November 2, 2001. The invaded habitat for H. macradenia at the but that the listing of this species was proposed rule to designate critical one site that is being designated as precluded by other pending proposals of habitat for the species was signed on critical habitat (Mezue), as well as many higher priority. November 2, 2001, and sent to the of the other sites where introduced Holocarpha macradenia continued to Federal Register. populations of H. macradenia were be included as a category one candidate The proposed rule to designate attempted. Picris echiodes (Bristly ox- in plant NORs published September 27, critical habitat for the species was tongue) has recently invaded the 1985 (50 FR 39526), February 21, 1990 published on November 15, 2001 (66 FR population of H. macradenia at the (55 FR 6184), and September 30, 1993 57526). In the proposal, we determined Elkhorn unit (Holl, in litt., 2002). (58 FR 51144). Upon publication of the it was prudent to designate February 28, 1996, NOR (61 FR 7596), approximately 1,360 ha (3,360 ac) of Previous Federal Action we ceased using category designations land in Santa Cruz and Monterey Federal action on this plant began and included H. macradenia as a Counties as critical habitat for when the Secretary of the Smithsonian candidate. Candidate species are those Holocarpha macradenia. Publication of Institution, as directed by section 12 of for which we have on file sufficient the proposed rule opened a 60-day the Act, prepared a report on those information on biological vulnerability public comment period, which closed native U.S. plants considered to be and threats to support proposals to list on January 14, 2002. endangered, threatened, or extinct in the them as threatened or endangered. The On May 7, 2002, we published a United States. This report (House Doc. 1997 NOR, published September 19, notice announcing the reopening of the No. 94–51), was presented to Congress 1997 (62 FR 49398) retained H. comment period on the proposal to on January 9, 1975, and included macradenia as a candidate, with a designate critical habitat for Holocarpha Holocarpha macradenia as endangered. listing priority of 2. On March 20, 1998, macradenia and a notice of availability On July 1, 1975, we published a notice we published a proposed rule in the of the draft economic analysis on the in the Federal Register (40 FR 27823) Federal Register (63 FR 15142) to list H. proposed determination (67 FR 30642). accepting the report as a petition within macradenia. The final rule listing H. This second public comment period the context of section 4(c)(2) (now macradenia as a threatened species was closed on June 6, 2002. On May 16, section 4(b)(3)) of the Act and of our published on March 20, 2000 (65 FR 2002, the plaintiffs agreed to extend the intention thereby to review the status of 14898). date upon which we are to make a final the plant taxa named therein. On June Section 4(a)(3) of the Act, as rule determination for critical habitat to 16, 1976, we published a proposed rule amended, and implementing regulations September 30, 2002. in the Federal Register (41 FR 24523) (50 CFR 424.12) require that, to the Summary of Comments and determining approximately 1,700 maximum extent prudent and Recommendations vascular plant species to be endangered determinable, the Secretary designate pursuant to section 4 of the Act. critical habitat at the time the species is We contacted appropriate Federal, Holocarpha macradenia was included determined to be endangered or State, and local agencies, scientific in this June 16, 1976, Federal Register threatened. Our regulations (50 CFR organizations, and other interested document. 424.12(a)(1)) state that designation of parties and invited them to comment. In In 1978, amendments to the Act critical habitat is not prudent when one addition, we invited public comment required that all proposals over two or both of the following situations exist: through the publication of notices in the years old be withdrawn. A one-year (1) The species is threatened by taking Santa Cruz Sentinel on November 21; grace period was given to those or other human activity, and the Monterey Herald on November 20; proposed rules already more than two identification of critical habitat can be the San Jose Mercury on November 20; years old. Later, on December 10, 1979, expected to increase the degree of threat and the Oakland Tribune on November we published a notice (44 FR 70796) of to the species, or (2) such designation of 22; all in the year 2001. We received the withdrawal of the portion of the critical habitat would not be beneficial individually written letters from 18 June 16, 1976, proposed rule that had to the species. At the time Holocarpha parties, which included 4 designated not been made final, along with four macradenia was listed, we found that peer reviewers, 1 Federal agency, 2 State other proposed rules that had expired. designation of critical habitat for H. agencies, and 3 local jurisdictions. Of We published an updated notice of macradenia was prudent, but that given these 18 parties, 13 supported the review (NOR) for plants on December our limited listing budget, designation proposed designation and 5 were 15, 1980 (45 FR 82480). This notice of critical habitat would have to be neutral regarding the designation of included Holocarpha macradenia as a deferred so as to allow us to concentrate critical habitat for this species; however, category one candidate (species for limited resources on higher priority 1 of those supporting the designation which data in our possession was critical habitat and other listing actions. and 3 of those that were neutral sufficient to support proposals for On June 17, 1999, our failure to issue requested that areas they own, manage, listing). final rules for listing Holocarpha or have planning jurisdiction over, be On February 15, 1983, we published macradenia and eight other plant excluded from critical habitat a notice (48 FR 6752) of our prior species as endangered or threatened, designation. finding that the listing of Holocarpha and our failure to make a final critical We reviewed all comments received macradenia was warranted but habitat determination for the nine for substantive issues and new precluded in accordance with section species was challenged in Southwest information regarding critical habitat 4(b)(3)(B)(iii) of the Act as amended in Center for Biological Diversity and and Holocarpha macradenia. Similar 1982. Pursuant to section 4(b)(3)(C)(i) of California Native Plant Society v. comments were grouped into general

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issues and are addressed in the excessive for a species that is only listed including the need for establishing following summary. as threatened. additional populations within the Our Response: The Act and its historic range of the species in the East Biological Issues implementing regulations do not Bay. 1. Comment: The need for the 9 provide for different standards when Management Considerations smaller units, ranging in size from 7 to considering critical habitat for a 170 acres, is well justified given specific threatened species as opposed to an 4. Comment: We received comments information about the status of the endangered species. Other species listed from several land managers as well as Holocarpha macradenia populations. as threatened have had much larger academic researchers that are currently However, the need for the two larger acreages designated. The extent of evaluating the role that grazing and fire units (I and J near Watsonville), which acreage designated in this rule, as in all may have in maintaining habitat for together comprise almost half of the of our critical habitat rules, is tied to the Holocarpha macradenia. A number of 3,360 acres proposed for designation, is amount of habitat that supports the suggestions were offered about how the not adequately justified. primary constituent elements for the species responds to different types of Our Response: The varying size of the species, and where the species is known management and how discussion of units is in part due to their location to occur. Based on the remaining these management options should be relative to the configuration of the amount of habitat and what is known framed in the rule. Our Response: We appreciate the coastal terraces in the vicinity as well as about the historic and current range of numerous suggestions we received to patterns of development. For instance, Holocarpha macradenia, we conclude expand discussions regarding in the hills north of Santa Cruz and that the amount of critical habitat being management, and we have incorporated extending down to the Soquel area, the designated is essential for maintaining some of these suggestions into the rule coastal terrace is strongly dissected by a populations of H. macradenia, as well in the Background section and the series of drainages, leaving small fingers as the grassland habitat and the Special Management Considerations of terrace jutting southward. ecological functions that are important section. However, we have limited the Populations of Holocarpha macradenia for the expansion of existing level of detail to which the discussion that occur on these terraces are populations and maintaining has been expanded, because it could go necessarily restricted in distribution by connectivity between them. 3. Comment: Three commenters well beyond the scope of the current geography, and then more so by human indicated that additional critical habitat critical habitat designation process. We development. In contrast, the coastal should be designated in the East Bay suggest that these issues be discussed terrace in the vicinity of Watsonville region (Alameda and Contra Costa further at the time we are developing a occurs as a larger block that is only Counties) in support of additional recovery plan for the species. weakly dissected by swales and reintroduction efforts for Holocarpha drainages, resulting in a more rolling Economic Comments macradenia within its historic range. hill landscape. As discussed in this rule, One commenter specified that habitat 5. Comment: We received one numerous historic locations of H. for at least five populations should be comment recommending that we use the macradenia have been noted in the designated in this area and that seed contingent valuation method (CVM) to Watsonville area. This leads us to used should represent the remains of determine the hypothetical nonuse conclude that H. macradenia was once the ‘‘northern’’ gene stock. values for the plant species and its widespread throughout the coastal Our Response: We agree that habitat that comprise this rulemaking. terraces in the area. We believe the maintaining the northern gene stock is Our Response: Economists recognize designation of larger critical habitat important to the conservation and that in addition to a ‘‘use value’’ that units in the Watsonville area is recovery of the species, and that society places on natural resources these consistent with the available attempting to establish additional goods may also exhibit a ‘‘non-use information on landforms, soils and populations in the East Bay region is an value’’ by society. For example, while historic occurrences of the species. important recovery task. Although we many people may elect to visit a public As discussed below, Units I and J are are only designating one area in the East park and ‘‘use’’ it for a variety of essential because they support many Bay region as critical habitat, we believe recreational purposes, the presence of populations of H. macradenia, as well that the relatively large size and long- this park may provide a variety of as the grassland habitat that is important term stability of the population in this benefits to additional members of to expanding existing populations and unit made it the most important to society even though their enjoyment maintaining connectivity between them. designate at this time. We are required may not be directly observable. Certain These units also represent two of the to designate those areas we know to be individuals may also derive benefits three areas in the central Monterey Bay critical habitat, using the best from the park because of the protection area and the southern end of the range information available to us at the time. it offers to certain natural resources of the species that support populations When we designate critical habitat at including a diverse ecosystem that of H. macradenia. Unit J also contains the time of listing, as required under harbors endangered and threatened the most inland distribution of the Section 4 of the Act, or under court- species. While these members of society species. Preserving the genetic ordered deadlines, we may not have the may value the park merely for its variability within a species, by information necessary to identify all existence, their behavior is not directly conserving populations with unique areas that are essential for the observable and thus economists have characteristics such as the ability to conservation of the species. Additional developed certain tools, including the persist at the edge of the species’ range, habitat outside the designated areas may CVM for measuring these values. allows it to adapt to changing later be discovered to be critical for the CVM is an approach used by environmental conditions, and is recovery of the species. We will soon be economists to directly elicit non-use therefore is essential to the long-term developing a recovery plan for values from individuals through the use survival and conservation of the species. Holocarpha macradenia, and look of carefully designed survey 2. Comment: The proposed forward to developing specific recovery instruments. A CVM study will provide designation of 3,360 acres seems recommendations for the species, respondents with a framework wherein

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they are asked to value the resource and benefits of the proposed action are that the presence of listed species nearly given the parameters of the framework. considered. In this particular instance, always results in the establishment of an For the CVM to work properly, and the economic analysis did not identify ESHA. As a result, the designation of provide meaningful information on non- any significant economic impact critical habitat would increase the use values, considerable resources must associated with the designation. likelihood of ESHA establishment in be expended to adequately design and 6. Comment: One commenter asserted areas not previously known to be administer this tool. However, it is not that the designation of critical habitat occupied by endangered or threatened currently feasible for us to conduct CVM causes officials of California’s resource species. studies to capture the non-use values agencies, namely the California Coastal While the presence of designated certain individuals may place on critical Commission (CCC) and the CDFG to critical habitat is typically correlated habitat designation due to our limited identify the designated areas as with an ESHA, CCC staff confirm that resources. Environmentally Sensitive Habitat the designation itself does not In conducting our analyses, we do Areas (ESHA), and that land use within automatically result in an area becoming review economic literature to determine the ESHAs are restricted through the an ESHA. Rather, the designation of whether or not there are any existing implementation of requirements of the critical habitat is considered by CCC studies that can provide information California Coastal Act (CCA). Thus biologists as a potential source of that would allow us to better describe ESHAs could impose additional costs additional information to be evaluated and accurately quantify such benefits on the regulated community. in the context of the quality of the associated with the survival and Our Response: As stated in our underlying data and checked against recovery of the species and its habitat in addendum to the draft economic existing knowledge and field surveys. question. However, even when such analysis, the CCA charges the CCC with CCC staff also indicate, however, that if studies are identified, they usually do implementing coastal management habitat represents significant biological not allow for the separation of the policies in conjunction with local value for a State- or Federally-listed benefits of listing (including the Act’s governments in coastal zones in 15 species, it is very likely this habitat take provisions) from the benefits of counties and 58 cities in California. would have already been identified critical habitat designation. These policies generally require the through CCC biological surveys, and While we are often unable to quantify protection of fragile and/or scenic probably would have already been benefits that may be associated with the coastal habitat, improvement of public recommended as an ESHA. As a result, designation, our analyses do discuss access (physical and visual) to the coast, only if the designation of critical habitat potential benefits in a qualitative the protection of agricultural land, and adds new biological information might manner. This discussion is not intended measures to direct growth towards ESHAs be adjusted or established. to provide a complete analysis of the urban areas and away from undeveloped In the case of the designation of benefits that could result from section 7 coastal areas. The CCC also established critical habitat for Holocarpha of the Act in general or critical habitat the Local Coastal Program (LCP), which macradenia, staff from the CCC’s designation in particular. In short, we requires local coastal governments to Central Coast District Office indicate believe that we are currently best able prepare management plans for their that the proposed designation is to express the benefits of critical habitat coastal areas that must be approved by unlikely to result in the establishment of designation in biological terms that can the CCC. Once a local government any new ESHAs. The proposed critical be weighed against the expected cost obtains CCC approval of its LCP, the habitat area falls within existing LCPs impacts of the rulemaking. authority to approve local development and, more importantly, the designation We believe that this approach is proposals is transferred from the CCC to adds no new information regarding consistent with the statutory the local government in most occupied or essential habitat areas. requirements of the Act. Section 4(b)(2) circumstances. The CCC maintains Consequently, the proposed designation of the Act requires the Secretary to ‘‘original jurisdiction’’ over areas where of critical habitat is not likely to result designate critical habitat on the basis of no approved LCP exists, proposals on in additional costs associated with the the best scientific data available after the immediate shoreline (below mean implementation of the CCA. taking into consideration the economic high tide), and proposals involving impact and any other relevant impact of major public works or energy projects. Comments on Site-Specific Areas specifying any particular area as critical In the process of approving and/or 7. Comment: The East Bay Regional habitat. This section of the Act amending LCPs, or through reviewing Parks District (EBRPD) requested that continues on to state that the Secretary applications under ‘‘original we make minor modifications to the may exclude areas from the designation jurisdiction,’’ the CCC may establish boundaries of Unit A (Mezue) that if he (she) determines that the benefits certain coastal areas as ESHAs, occurs on lands they manage. The of such exclusion outweigh the benefits depending on the habitat resources modifications are based on more of specifying such area as part of the present and their role in healthy detailed topographic and vegetation designation. This language does not ecosystem function. ESHAs are data that they were able to provide. The imply that the Secretary must apply a established based on a site-specific field proposed modifications would remove strict cost-benefit test to the exclusion study of the project area in question by some riparian habitat from the unit and process but instead gives her broad CCC biologists. Once established, the add one small area at the top of the discretion in considering the best presence of an ESHA limits the type of watershed upslope to where a scientific and commercial data available development that can be approved to population of Holocarpha macradenia when making a final decision. As a ‘‘uses dependent only on those is located. result, critical habitat decisions do not resources’’ present in the ESHA. Our Response: We have modified the hinge solely on the results of a benefit- The most likely potential effect of boundary to remove a few areas of cost analysis. The designation of critical critical habitat on the CCC’s riparian vegetation and a small area that habitat units is first made on biological implementation of the CCA would be was not within the subwatershed where grounds, and when these decisions through the increased likelihood that an the plant occurs. We are not able to significantly impinge on economic ESHA might be established following its include the small area at the top of the activities, then the weighing of the costs designation. CCC personnel indicate watershed within the final boundary

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because we had not previously provides assurances that the implemented; and (3) the plan must proposed to include it. These conservation management strategies will provide assurances that the modifications resulted in a reduction of be effective. In determining if conservation management strategies will acreage in this unit from 61 ha (150 ac) management strategies are likely to be be effective, by providing for period to 52 ha (130 ac). implemented, we consider whether—(a) monitoring and revisions as necessary. 8. Comment: The California Army A management plan or agreement exists If all of these criteria are met, then the National Guard (CANG) requested that that specifies the management actions lands covered under the plan would not we remove 3 ha (7 ac) of lands that they being implemented or to be meet the definition of critical habitat. own and manage known as the Santa implemented; (b) there is a timely We conclude that the CANG does not Cruz Armory from Unit C (De Laveaga) schedule for implementation; (c) there is yet have an INRMP for the Santa Cruz of the proposed critical habitat a high probability that the funding Armory that sufficiently addresses the designation. They fully support the source(s) or other resources necessary to criteria above. These lands do not efforts of the Service to protect implement the actions will be available; warrant exclusion from critical habitat Holocarpha macradenia and its habitat, and (d) the party(ies) have the authority designation because the proposed and point out that they are directed by and long-term commitment to management plan has not been the Sikes Act (16USC 670a et seq.) to implement the management actions, as approved and does not contain develop and implement an Integrated demonstrated, for example by a legal assurances that the management actions Natural Resources Management Plan instrument providing enduring it describes will be implemented or (INRMP) for the Armory with certain protection and management of the effective. Concerning the likelihood that criteria for maintaining biodiversity and lands. In determining whether an action management actions will be using an adaptive management is likely to be effective, we consider implemented, we note that the plan approach. They submitted a list of 11 whether—(a) The plan specifically does not include a timely schedule for management elements, some of which addresses the management needs, implementation and does not contain a have already been implemented, that including reduction of threats to the commitment of financial resources. will be included in their INRMP. species; (b) such actions have been Concerning the likelihood that Our Response: Critical habitat is successful in the past; (c) there are management actions will be effective, defined in section 3 of the Act as—(i) provisions for monitoring and we note that there are no provisions for the specific areas within the geographic assessment of the effectiveness of the monitoring or assessing of their area occupied by the species, at the time management actions; and (d) adaptive effectiveness, and adaptive management it is listed in accordance with the Act, management principles have been principles have not been incorporated on which are found those physical or incorporated into this plan. into the draft plan. We appreciate the biological features (I) essential to the efforts that CANG has already made conservation of the species and (II) that The Sikes Act Improvement Act of toward restoring and protecting habitat may require special management 1997 (Sikes Act) requires each military on these lands, including the removal of considerations or protection; and (ii) installation that encompasses land and eucalyptus logs from Holocarpha specific areas outside the geographic water suitable for the conservation and macradenia habitat, and the removal of area occupied by a species at the time management of natural resources to wood chips that were inadvertently it is listed, upon a determination that have completed, by November 17, 2001, spread on top of a portion of the such areas are essential for the an INRMP. An INRMP integrates population. The Service has agreed to conservation of the species. Special implementation of the military mission work with CANG in the development of management and protection are not of the installation with stewardship of their INRMP, particularly as it pertains required if adequate management and the natural resources found on the to the conservation of H. macradenia. If protection are already in place. installation. Each INRMP includes an the INRMP sufficiently meets the Adequate special management or assessment of the ecological needs of criteria for exclusion from critical protection is provided by a legally the installation, including needs to habitat upon its completion, the Service operative plan/agreement that addresses provide for the conservation of listed will consider revising the critical habitat the maintenance and improvement of species; a statement of goals and designation to exclude the Santa Cruz the primary constituent elements priorities; a detailed description of Armory lands at a future date. important to the species and that management actions to be implemented Based upon a site visit with CANG manages for the long-term conservation to provide for these ecological needs; staff to the Santa Cruz Armory, the of the species. Areas that are currently and a monitoring and adaptive Service has determined that a portion of being managed to address the management plan. Under section 7 of the proposed critical habitat unit does conservation needs of Holocarpha the Act, we consult with the military on not contain the primary constituent macradenia, in accordance with plans the development and implementation of elements, specifically, the parking lot. we have reviewed and determined to be INRMPs for installations with listed By eliminating this area, the final adequate, do not require special species. Military installations with critical habitat unit has been reduced management within the meaning of approved INRMPs which address the from 3 ha (7 ac) to 2 ha (5 ac). section 3(5)(a)(i) of the Act and will not needs of species generally do not meet 9. Comment: The Pajaro Valley be included in this final rule. the definition of critical habitat Unified School District (District) To determine if a plan provides discussed above as they require no requested that we remove 28 ha (70 ac) adequate management or protection we additional special management or of land they own, known as the consider—(1) Whether there is a current protection. Therefore, we do not include Millennium High School site, from Unit plan specifying the management actions these areas in critical habitat I (Watsonville) of the critical habitat and whether such actions provide designations if they meet the following designation for two reasons. They sufficient conservation benefit to the three criteria: (1) A current INRMP must contend that the site has been under species; (2) whether the plan provides be complete and provide a benefit to the cultivation for over a decade and that assurances that the conservation species; (2) the plan must provide there is no evidence of the species or the management strategies will be assurances that the conservation habitat conditions that would support it. implemented; and (3) whether the plan management strategies will be In addition, they are concerned that the

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designation will ‘‘create obstacles’’ to the primary constituent elements from designation, including portions of the the construction of the New Millennium approximately 32 acres of the parcel on landfill parcel that are steep-sided High School. They also request the which the High School is being built, canyons below the level of the coastal removal of Harkins Slough Road from we are removing this portion that will terrace, and the landfill itself. We have critical habitat designation, because the be converted to buildings, paved also removed the golf driving range planned improvements for this road, surfaces, and playing fields from critical because the soils have been altered by which will provide access to the High habitat designation. Because this the placement of other soils on top of School, will be facing ‘‘considerable information was received so close to the the native soils during the development difficulties.’’ time of publication, we did not have the of the range. Even though the proposed Our Response: Section 4(b)(2) of the opportunity to redraw the map for this rule contains language to indicate that Act states ‘‘The Secretary shall unit. The remaining 36 acres of the site paved surfaces are not considered designate critical habitat, and make will be slated for conservation and critical habitat, we have removed most revisions thereto, under subsection protected from development through of the State Highway 1 corridor from the (a)(3) on the basis of the best scientific permanent deed restrictions. Because area mapped as critical habitat. We have data available and after taking into the planned Harkins Slough Road also removed 3 m (9 ft) on either side consideration the economic impact, and improvements are partially funded with of the highway from critical habitat any other relevant impact, of specifying Federal funds, the Federal Highway designation because this area needs to any particular area as critical habitat.’’ Administration (FHWA) will be be kept free of vegetation for human Absent a finding by us that the consulting with us on the road due to health and safety reasons, and because economic or other relevant impacts of a the presence of California red-legged the soil profile along the road shoulder critical habitat designation would frog. The inclusion of critical habitat for has been modified such that it does not outweigh the benefits of designation, the Holocarpha macradenia in the same now contain the primary constituent Act does not provide for the exclusion consultation is not expected to elements for this taxon. However, we from critical habitat of private lands significantly increase the economic have not removed the remaining area essential to the conservation of listed impact of the project on FHWA or the within right of ways or other parcels species. We believe that this parcel of District. from the critical habitat designation land contains components essential to 10. Comment: The City of Watsonville because, to the best of our knowledge, the conservation of H. macradenia requested that a number of areas be they occur on coastal terrace habitat that because: (1) The site contains the removed from the critical habitat has native soils with the attendant primary constituent elements including designation, including the following: hydrologic and edaphic processes still the appropriate soils (Watsonville the Millennium High School site; the in place. They are essential to the loams) and hydrology that are suitable Sea View Ranch site; an illegal fill site conservation of the species because they for the species, and the site occurs with an existing grading permit for are important for the expansion of within 1 km (0.5 mi) of 3 known remediation; the City’s golf driving existing populations and maintaining locations for the species. Therefore, this range; and the State Highway 1 right of connectivity between them. Even site could provide habitat for the way within the city limits. They believe though some of these locations have expansion of existing populations as these areas should be removed because been converted to agriculture or have well as maintain connectivity between they have recently been surveyed for the recently been graded, the native soils existing populations by allowing gene presence of Holocarpha macradenia and are still in place and these areas have flow between these populations through it was found not to be present. The City the potential to be restored as habitat for pollinator activity and seed dispersal. provided some additional information H. macradenia. We believe that The importance of this site is also extracted from planning documents for designating of these lands as critical discussed in the description of the some of these projects. In addition, habitat in this final rule outweighs the Watsonville unit. We believe that the CalTrans requested that areas within benefits of excluding them. The possible designation of these lands in this final their right of way be excluded because removal of these lands from the rule as critical habitat outweighs the the disturbance from routine designation is also addressed in the benefits of their exclusion from being maintenance activities makes them Exclusions Under Section 4(b)(2) designated as critical habitat. The inappropriate for species recovery section of this rule. possible removal of these lands from the activities. 11. Comment: The City of Watsonville designation is also addressed in the Our Response: As stated in the section requested that only those portions of the Exclusions Under Section 4(b)(2) on Mapping in the body of this rule, Watsonville Airport that are identified section of this rule. some critical habitat units were mapped in the Tarplant Mitigation Plan With respect to the critical habitat with greater precision than others, based (Gilchrist 2001) be included in the designation creating ‘‘obstacles’’ and on the available information, and the critical habitat designation, thus ‘‘difficulties’’ in completing size of the unit. We appreciate the excluding other portions of the airport. construction of the High School, the additional information that the City of Our Response: The portions of the District did not specify what they Watsonville was able to provide to us. Airport that are paved with runways believed these to be. However, we As discussed in the section on Primary and roads or support buildings are not believe that the designation at this site Constituent Elements in this rule, we considered critical habitat for the will have little additional regulatory tried to map areas that contained soils species even though they are within the burden for the District because there associated with coastal terrace prairies, critical habitat boundaries; due to the will probably be little federal nexus to plant communities that support scale of mapping, however, these areas the project and therefore minimal associated species, and the physical could not be excluded on our maps. Of requirement for them to consult under attributes, particularly the soils and the remaining portions of the Airport, section 7 of the Act, if any. Just as this hydrologic processes that produce the some are included in the Tarplant rule was being finalized, we received seasonally saturated soils characteristic Mitigation Plan and some are not. information indicating that construction of Holocarpha macradenia habitat. We However, we have included all of these of the High School had been initiated. have therefore removed portions of areas within the critical habitat Because this construction will remove these areas from this critical habitat designation because they are contiguous

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with areas that currently support Cruz Armory from within the boundary protection; and (ii) specific areas Holocarpha macradenia, provide areas of the unit. This change resulted in a outside the geographic area occupied by for expansion of the population, and reduction of 1 ha (2 ac) in this unit. a species at the time it is listed, upon provide connectivity between patches of (3) We made minor changes to the a determination that such areas are the plant. In addition, this site supports boundary lines on the Watsonville Unit. essential for the conservation of the the largest population of H. macradenia, The purpose of these changes was to species. ‘‘Conservation’’ means the use and therefore is important as a seed avoid areas that obviously did not of all methods and procedures that are bank should it become necessary to contain the primary constituent necessary to bring an endangered or a reseed other sites where populations are elements, and for which we were unable threatened species to the point at which declining. to draw more precise boundaries at the listing under the Act is no longer time of the proposed designation. The necessary. Peer Review use of recently acquired high-resolution Critical habitat receives protection In accordance with our policy aerial photographs dating from April under section 7 of the Act through the published on July 1, 1994 (59 FR 2000 enabled us to undertake this more prohibition of destruction or adverse 34270), we solicited independent precise mapping. These changes modification of critical habitat with opinions from the Sustainable resulted in a total reduction of 174 ha regard to actions carried out, funded, or Ecosystems Institute (which provided (430 ac) in this final critical habitat authorized by a Federal agency. Section two peer reviewers) as well as two other designation. For all three of the units, 7 also requires conferences on Federal knowledgeable individuals with the new boundary lines were drawn actions that are likely to result in the expertise in one or several fields, within the boundary lines shown in the destruction or adverse modification of including familiarity with the species, proposed designation; in no case were proposed critical habitat. Aside from the familiarity with the geographic region in the new boundary lines drawn outside added protection that may be provided which the species occurs, and of those described in the legal under section 7, the Act does not familiarity with the principles of description for the units in the proposed provide other forms of protection to conservation biology. All four peer designation. lands designated as critical habitat. reviewers supported the proposal, and (4) We corrected the acreage figure for Because consultation under section 7 of provided us with comments which we the Graham Hill Unit (Unit B) from 14 the Act does not apply to activities on incorporated into the final rule. Their ha (35 ac) to 12 ha (30 ac). We had private or other non-Federal lands that comments included discussion on the intended to propose 2 additional do not involve a Federal nexus, critical following issues: The importance of hectares (5 ac) to the south of the habitat designation would not afford maintaining the genetic stock from the current unit boundary. However, the any additional regulatory protections northern portion of the species’ range, boundaries showing this additional under the Act with regard to such as represented by the introduced habitat and the Universal Transverse activities. populations in the East Bay area; the Mercator (UTM) coordinates describing Critical habitat also provides importance of appropriate management their location were inadvertently left out nonregulatory benefits to the species by in maintaining populations of the of the proposed rule. The unit informing the public and private sectors species; the necessity of maintaining all boundaries as depicted in this final rule of areas that are important for species critical habitat units for the species; and encompass 12 ha (30 ac). Under the Act recovery and where conservation the relationship between annual and the Administrative Procedure Act, actions would be most effective. population fluctuations and the areas we are required to allow the public an Designation of critical habitat can help being designated. One peer reviewer opportunity to comment on the focus conservation activities for a listed suggested that the discussion proposed rulemaking. Therefore, species by identifying areas that contain concerning the role of offsite hydrology because these new areas were not the physical and biological features in maintaining habitat for the species included in the proposed rule, we are essential for the conservation of that needed to be strengthened. not including them in the final rule. species, and can alert the public as well Although these areas were not included as land-managing agencies to the Summary of Changes From the in the critical habitat proposal, they may importance of those areas. Critical Proposed Rule be important to the recovery of the habitat also identifies areas that may Based on a review of public species and could be included in require special management comments received on the proposed recovery activities in the future. considerations or protection, and may determination of critical habitat, we (5) We added a section describing the help provide protection to areas where reevaluated our proposed designation Special Management Considerations or significant threats to the species have and the draft Economic Analysis and Protections that Holocarpha been identified, by helping people to made several changes to the final macradenia may require. We believe avoid causing accidental damage to designation of critical habitat. These that this new section will assist land such areas. include the following: managers in developing management In order to be included in a critical (1) We made minor changes to the strategies for H. macradenia on their habitat designation, the habitat must boundary lines on the Mezue Unit to lands. first be ‘‘essential to the conservation of remove riparian corridors and a small the species.’’ Critical habitat portion of habitat outside the Critical Habitat designations identify, to the extent subwatershed where Holocarpha Section 3 of the Act defines critical known using the best scientific and macradenia occurs. These changes habitat as—(i) the specific areas within commercial data available, habitat areas resulted in a reduction of 9 ha (21 ac) the geographic area occupied by a that provide essential life cycle needs of in this unit. species, at the time it is listed in the species (primary constituent (2) We made minor changes to the accordance with the Act, on which are elements, as defined at 50 CFR boundary lines on the De Laveaga Unit. found those physical or biological 424.12(b)). Section 3(5)(C) of the Act The purpose of these changes was to features (I) essential to the conservation states that not all areas that can be draw the boundaries more precisely to of the species and (II) that may require occupied by a species should be eliminate the parking lot of the Santa special management considerations or designated as critical habitat unless the

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Secretary determines that all such areas standard and the prohibitions of section California Department of Parks and are essential to the conservation of the 9 of the Act, as determined on the basis Recreation (CDPR), CalTrans, County of species. Our regulations (50 CFR of the best available information at the Santa Cruz, City of Santa Cruz, and 424.12(e)) also state that, ‘‘The Secretary time of the action. Federally funded or EBRPD are undertaking efforts to learn shall designate as critical habitat areas assisted projects affecting listed species how to better enhance habitat for H. outside the geographic area presently outside their designated critical habitat macradenia. Some of these efforts are occupied by the species only when a areas may still result in jeopardy being carried out with the cooperation designation limited to its present range findings in some cases. Similarly, of researchers from UC Santa Cruz and would be inadequate to ensure the critical habitat designations made on the Berkeley’s Jepson Herbarium. conservation of the species.’’ basis of the best available information at Preliminary management and seed bank Section 4(b)(2) of the Act requires that the time of designation will not control studies show that habitat manipulation we take into consideration the economic the direction and substance of future such as burning, mowing, grazing, and impact, and any other relevant impact, recovery plans, habitat conservation scraping can increase standing numbers of specifying any particular area as plans, or other species conservation of plants and may be necessary to critical habitat. We may exclude areas planning efforts if new information enhance and maintain populations of H. from critical habitat designation when available to these planning efforts calls macradenia. Active management is the benefits of exclusion outweigh the for a different outcome. often necessary to preserve habitat that benefits of including the areas within is essential for the long-term Methods of Selecting Areas for Critical critical habitat, provided the exclusion conservation of H. macradenia. will not result in extinction of the Habitat Designation Special management considerations species. As required by the Act and or protections may be needed to Our Policy on Information Standards regulations (section 4(b)(2) and 50 CFR maintain the primary constituent Under the Endangered Species Act, 424.12) we used the best scientific elements for Holocarpha macradenia published in the Federal Register on information available to determine areas within the units being designated as July 1, 1994 (59 FR 34271), provides that contain the physical and biological critical habitat. In some cases, criteria, establishes procedures, and features that are essential for the protection of existing habitat and provides guidance to ensure that our conservation of Holocarpha current ecological processes may be decisions represent the best scientific macradenia. This included information sufficient to ensure that populations of and commercial data available. It from the California Natural Diversity H. macradenia are maintained, and requires our biologists, to the extent Data Base (CNDDB 2001), geologic and have the ability to reproduce and consistent with the Act and with the use soil survey maps (Brabb 1989; SCS disperse into surrounding habitat at of the best scientific and commercial 1980, 1978), aerial photos available those sites. In other cases, however, data available, to use primary and through TerraServer (http:// active management may be needed to original sources of information as the terraserver.homeadvisor.msn.com), maintain the primary constituent basis for recommendations to designate aerial photos on loan from the County elements for H. macradenia. We have critical habitat. When determining of Santa Cruz Planning Department, outlined below the most likely special which areas are critical habitat, a recent biological surveys and reports, management or protection that H. primary source of information should be additional information provided by macradenia may require. the listing package for the species. interested parties, and discussions with (1) The native soils on which Additional information may be obtained botanical experts. Frequently Holocarpha macradenia is found should from a recovery plan, articles in peer- accompanied by agency representatives, be maintained to optimize conditions reviewed journals, conservation plans we also conducted site visits, either for the species. Physical properties of developed by States and counties, cursory or more extensive, at a number the soil, such as its chemical scientific status surveys and studies, of locations managed by, or with composition, salinity, texture, and and biological assessments or other involvement from, local, State or drainage capabilities would best be unpublished materials (i.e., gray Federal agencies, including Graham maintained by limiting or restricting literature). Hill, De Laveaga Park, Twin Lakes State deep tilling and the use of herbicides, Section 4 of the Act requires that we Beach, Arana Gulch Open Space Area fertilizers, or other soil amendments. designate critical habitat based on what (City of Santa Cruz), Anna Jean (2) The hydrologic regime of the area we know at the time of designation. Cummings County Park (Santa Cruz surrounding Holocarpha macradenia Habitat is often dynamic, and County), and the Watsonville Airport habitat should be maintained to provide populations may move from one area to (City of Watsonville). We also visited for the seasonally moist soils that the another over time. Furthermore, we the Porter Ranch site, which is owned species favors. Increasing or decreasing recognize that designation of critical and managed by the Elkhorn Slough surface and subsurface water flow to habitat may not include all of the Foundation. these areas through habitat alteration habitat areas that may eventually be that either artificially adds water (e.g., determined to be necessary for the Special Management Considerations or through irrigation) or reduces water recovery of the species. For these Protections (e.g., through diversions associated with reasons, critical habitat designations do Much of what is known about the construction projects) could decrease not signal that habitat outside the specific physical and biological the suitability of these areas to support designation is unimportant or may not requirements of Holocarpha H. macradenia. be required for recovery. Areas that macradenia is described in the (3) The grassland communities should support newly discovered populations Background section of this final rule. be maintained to ensure that the habitat in the future, but are outside the critical Additional information about needs of pollinators and dispersal habitat designation will continue to be appropriate management techniques is agents are maintained. The use of subject to conservation actions that may being generated by ongoing management pesticides should be limited or be implemented under section 7(a)(1) of efforts and research on life history. As restricted so that viable populations of the Act and to the regulatory protections discussed in the Background section, pollinators are present to facilitate afforded by the section 7(a)(2) jeopardy several agencies such as the CDFG, reproduction of Holocarpha

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macradenia. Fragmentation of habitat Watsonville, Tierra, Elkhorn, Santa Inez, we believe that future conservation and through construction of roads and and Pinto series. recovery of this species depends not certain types of fencing should be (2) Plant communities that support only on protecting it in the limited areas sufficiently limited to allow seed associated species, including native that it currently occupies, but also on dispersal agents to move H. macradenia grasses such as Nassella sp. providing the opportunity to expand its seed throughout the unit. (needlegrass) and Danthonia californica distribution by protecting currently (4) The grassland communities need (California oatgrass); native herbaceous unoccupied habitat within its historic to be maintained to facilitate species such as members of the genus range. Protection of each of the locations germination and the establishment of Hemizonia (other tarplants), Perideridia where H. macradenia occurs is essential seedlings, because this is a critical gairdneri (Gairdner’s yampah), for the conservation of this species to bottleneck in the life cycle of the species Plagiobothrys diffusus (San Francisco reduce the risks of extirpation that is (Bainbridge, in litt., 2002b). In popcorn flower), and Trifolium inherent in having so few extant particular, this portion of the species’ buckwestiorum (Santa Cruz clover); and populations, especially when so many life cycle requires a reduced litter layer (3) Physical processes, particularly of the populations comprise so few and canopy height of surrounding soils and hydrologic processes, that individuals. The slight variations in vegetation. This can be achieved maintain the soil structure and elevation, coastal influence, and soil through either mowing or livestock hydrology that produce the seasonally types found among the critical habitat grazing. A discussion of more detailed saturated soils characteristic of units are important in shaping the prescriptions is beyond the scope of this Holocarpha macradenia habitat. phenological (e.g., timing of rule, as the optimal regime will vary Site Selection reproduction), morphological (i.e., from site to site, depending on a number physical structure and form), and We identified critical habitat areas of variables. However, research efforts physiological adaptations of plant essential for the conservation of that are currently underway will assist populations to specific environments Holocarpha macradenia in the three in developing more site-specific (Clausen et al. 1948, Clausen 1951). For recommendations. primary areas where it is known to occur: In the East Bay (Contra Costa example, elevation and distance from (5) In the grassland communities the coast influence precipitation and where Holocarpha macradenia occurs, County); in the Santa Cruz-Soquel area (Santa Cruz County); and the average daily temperatures to which a invasive, nonnative species such as population is subjected, while soil type French broom, eucalyptus, acacia, Watsonville area (Santa Cruz and Monterey Counties). Historic locations can influence nutrient and water Harding grass, bromes, artichoke thistle, availability. The heritable local and bristly ox-tongue and other species for which there are no recent records of occupancy (within the last 20 years) adaptations that develop as a result of need to be actively managed to reduce such environmental variations reflect competition and maintain the open were not proposed for designation, including those previously found in genetic variability within the species. habitat that H. macradenia needs. Preserving this genetic variability in (6) Certain areas where Holocarpha Marin and Alameda Counties that have become urbanized over the last 100 endemic species that allows for macradenia occurs may need to be adaptation to changing climatic and fenced to protect them from accidental years; locations to the north of Santa Cruz where H. macradenia has not been other environmental influences is or intentional trampling by humans and important to improve the likelihood that livestock, and to facilitate management seen in over 50 years; and locations around the Watsonville area that have the species will be able to survive and of the habitat through intentional adapt to such future environmental grazing or other means. been destroyed by fill, agricultural activities, and parking lot construction. changes (Falk 1992). Primary Constituent Elements In the East Bay, only one of the eight In addition to maintaining existing In accordance with section 3(5)(A)(i) sites that support an introduced populations, the persistence of the of the Act and regulations at 50 CFR population of H. macradenia in Wildcat species requires surrounding habitat 424.12, in determining which areas to Regional Park is being proposed for needed to maintain the ecological propose as critical habitat, we consider designation because it is the largest processes that allow the populations those physical and biological features seeded population that represents the and the primary constituent elements to (primary constituent elements) that are genetic variability of the northern persist. These ecological processes essential to the conservation of the portion of the species’ range. Several include the expansion and shifting of species and that may require special commenters suggested that additional populations over time, the maintenance management considerations or critical habitat should have been of pollinator interactions that maintain protection. These include, but are not proposed in the northern portion of the the gene flow between populations over limited to: Space for individual and species range (East Bay area). While we time, and the maintenance of seed population growth, and for normal agree that additional areas in the dispersal vectors that serve to distribute behavior; food, water, air, light, northern portion of its range may be seed between existing sites as well as to minerals or other nutritional or required for the long term conservation new sites. The ability to maintain physiological requirements; cover or of the species, the information necessary disturbance factors (for example, shelter; sites for germination, or seed to propose other areas was not available grazing, mowing, or fire disturbance) dispersal; and habitats that are protected to us at the time the proposal was that maintain the openness of vegetation from disturbance or are representative of prepared, and is therefore not included that the species requires for successful the historic geographic and ecological here. However, additional habitat germination is also critical to the long distributions of a species. outside the designated areas may later term persistence of the species. Threats Based on our knowledge to date, the be discovered to be critical for the to the remaining habitat of H. primary constituent elements for H. recovery of the species, and may be macradenia include: Urban macradenia consist of, but are not included in recovery activities for the development and its associated impacts, limited to: species in the future. such as habitat fragmentation, (1) Soils associated with coastal Due to the historic loss of the habitat recreational use, and changes in grazing terrace prairies, including the that supported Holocarpha macradenia, regimes that may have facilitated the

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increase in nonnative plant species that currently known to occur, we do not urban landscaped areas will not contain compete with H. macradenia. The areas imply that habitat outside the any of the primary constituent elements. we are designating as critical habitat designation is unimportant or may not Federal actions limited to these areas, provide some or all of the habitat be required for recovery of the species. therefore, would not trigger a section 7 components essential for the Areas that support newly discovered consultation, unless they affect the conservation of H. macradenia. Given populations in the future, but are species and/or primary constituent the species’ need for a reduced litter outside the critical habitat designation, elements in adjacent critical habitat. layer and canopy height and the threat will continue to be subject to of competition from nonnative species, conservation actions that may be Critical Habitat Designation we believe that these areas require implemented under section 7(a)(1) of The critical habitat areas described special management considerations or the Act and to the regulatory protections below constitute our best assessment at protection. afforded by the section 7(a)(2) jeopardy this time of the areas needed for the In our delineation of the critical standard and the prohibitions of section conservation and recovery of habitat units, we believe it is important 9 of the Act, as determined on the basis Holocarpha macradenia. Critical habitat to designate all areas that currently of the best available information at the being designated for H. macradenia support native populations of time an action is being proposed. consists of 11 units that currently Holocarpha macradenia because the sustain the species. The geographic number of populations that have been Mapping range that H. macradenia occupies has extirpated and the reduction in range The critical habitat units were been reduced to so few sites that the that the species has undergone place a delineated by creating data layers in a species may well be threatened with great importance on the conservation of geographic information system (GIS) extinction in the near future, all the known remaining sites. In the format of the areas where Holocarpha particularly if appropriate management area just west of Watsonville, a number macradenia is known to occur, using of the remaining habitat is not of populations that are in close information from the California Natural employed. Protection of this designated geographic proximity to each other are Diversity Data Base (CNDDB 2001), critical habitat is essential for the included in the same unit because the aerial photos, recent biological surveys conservation of the species because it distribution of H. macradenia in this and reports, and discussions with would reduce the threat to the species area was probably once greater, prior to botanical experts. These data layers from future population extirpations due fragmentation of populations into were created on a base of USGS 7.5’ to stochastic events. Further, because smaller units. Maintaining the quadrangles obtained from the State of this species cannot self-pollinate, connectivity between these populations California’s Stephen P. Teale Data maintenance of adequate gene flow through gene flow and seed dispersal is Center. Critical habitat units were between populations, which is critical important for maintaining the genetic mapped using UTM coordinates. Some to producing the genetic variability variability that will contribute to the units were mapped with a greater necessary for the species’ survival and long term persistence of the species. precision than others, based on the With regard to the experimental available information, and the size of recovery, is dependent on the retention seeded populations of H. macradenia, the unit. of lands containing suitable habitat in we acknowledge the importance these In selecting areas of designated sufficiently close proximity to existing seeding trials have offered with respect critical habitat we made an effort to populations to allow for their expansion to understanding the range of habitat avoid developed areas, such as housing as well as for gene flow to other nearby characteristics that H. macradenia may developments, that are unlikely to populations. The areas being designated tolerate. However, based on current contain the primary constituent as critical habitat are within the three information, we believe that only the elements or otherwise contribute to the primary areas that currently support H. area that supports the Mezue population conservation of Holocarpha macradenia and include the appropriate is essential to the recovery of the macradenia. However, we could not coastal terrace prairie habitat necessary species. This population is the best map critical habitat in sufficient detail for the species. We are designating expression of the genetic variability that to exclude all developed areas, or other approximately 2,902 ha (1,174 ac) of once occurred in the northern end of the lands unlikely to contain the primary land as critical habitat for H. range of the species; native stands in constituent elements essential for the macradenia. this portion of the range have now been conservation of H. macradenia. Areas The approximate areas of designated extirpated. within the boundaries of the mapped critical habitat by land ownership are Even though we did not have units, such as buildings, roads, parking shown in Table 1. Lands proposed are sufficient information to propose sites lots, railroads, airport runways and under private, county, State, and other than where populations are other paved areas, lawns, and other Federal jurisdiction.

TABLE 1.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1 OF CRITICAL HABITAT FOR Holocarpha macradenia BY LAND OWNERSHIP

County/ Unit name State Private City Federal Total

A. Mezue ...... 0 ha 0 ha 50 ha 0 ha 50 ha (0 ac) (0 ac) (130 ac) (0 ac) (130 ac) B. Graham Hill ...... 0 ha 12 ha 0 ha 0 ha 12 ha (0 ac) (30 ac) (0 ac) (0 ac) (30 ac) C. De Laveaga ...... 2 ha 0 ha 0 ha 0 ha 2 ha (5 ac) (0 ac) (0 ac) (0 ac) (5 ac) D. Arana Gulch ...... 0 ha 0 ha 26 ha 0 ha 26 ha (0 ac) (0 ac) (65 ac) (0 ac) (65 ac)

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TABLE 1.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1 OF CRITICAL HABITAT FOR Holocarpha macradenia BY LAND OWNERSHIP—Continued

County/ Unit name State Private City Federal Total

E. Twin Lakes ...... 11 ha 0 ha 0 ha 0 ha 11 ha (26 ac) (0 ac) (0 ac) (0 ac) (26 ac) F. Rodeo Gulch ...... 0 ha 11 ha 0 ha 0 ha 11 ha (0 ac) (26 ac) (0 ac) (0 ac) (26 ac) G. Soquel ...... 0 ha 18 ha 22 ha 0 ha 40 ha (0 ac) (45 ac) (55 ac) (0 ac) (100 ac) H. Porter Gulch ...... 0 ha 14 ha 0 ha 0 ha 14 ha (0 ac) (35 ac) (0 ac) (0 ac) (35 ac) I. Watsonville ...... 23 ha 340 ha 125ha 0 ha 488 ha (56 ac) (840 ac) (309 ac) (0 ac) (1,205 ac) J. Casserly ...... 0 ha 450 ha 0 ha 0 ha 450 ha (0 ac) (1,110 ac) (0 ac) (0 ac) (1,110 ac) K. Elkhorn ...... 0 ha 70 ha 0 ha 0 ha 70 ha (0 ac) (170 ac) (0 ac) (0 ac) (170 ac)

Total ...... 27 ha 920 ha 230 ha 0 ha 1,175 ha (66 ac) (2,270 ac) (570 ac) (0 ac) (2,902 ac) 1 Approximate acres from GIS map data have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping, ap- proximate hectares and acres greater than or equal to 30 (≥ 30) have been rounded to the nearest 5; totals are sums of columns and rows.

A brief description of each critical approximately 1 mile north of the City within De Laveaga Park just north of the habitat unit is given below: of Santa Cruz in Santa Cruz County. City of Santa Cruz in Santa Cruz This entire unit of approximately 12 ha County. This entire unit of East Bay Area Unit (30 ac) is on privately owned lands. The approximately 2 ha (5 ac) is on State Unit A: Mezue unit includes a 7-ha (17-ac) area that has lands managed by the CANG and Unit A consists of grassland habitat been set aside through a conservation supported by Federal funds from the on sloping alluvial deposits from old easement to the County of Santa Cruz National Guard Bureau. The CANG does marine terraces within Wildcat Regional for conservation of coastal prairie not anticipate undertaking any new Park in Contra Costa County. This entire habitat and Holocarpha macradenia as military activities on this parcel beyond unit of approximately 50 ha (130 ac) is mitigation for an adjacent development its current use as an assembly point for on lands managed by the EBRPD. that comprises 52 residences and monthly drills and as storage for Management activities at this site associated amenities. The population equipment. In 2001, a maintenance crew include controlled grazing, removal of has been fenced and nonnative species from the adjacent city-owned golf invasive artichoke thistle, and annual have been removed; however, efforts to course spread wood chips from a felled population monitoring (EBRPD 1992, enhance the population, as called for in tree over half the population. The CANG 2001). Of the 22 sites that were used as a management plan (Environmental has initiated management actions to sites to introduce Holocarpha Science Associates 1996), have not yet restore and enhance habitat for H. macradenia seed in the East Bay region been initiated. In 1994, this population macradenia, including removal of the between 1982 and 1986, this population numbered 12,000 individuals; by 1998, wood chips and chunks of eucalyptus has been the only one that has 675 individuals were counted; and in logs. In addition, the CANG has consistently supported a large 2001, approximately 550 individuals initiated development of an INRMP population of H. macradenia. In the were counted (V. Haley, consultant, (CANG 2002); if the final plan meets the year 2000, this population supported Felton, California, pers. comm., 2001). criteria outlined earlier in our response over 17,000 individuals (CDFG 2000). This unit is important because it to comment number eight, the critical Although this population is an currently supports a population of H. habitat designation may be removed introduced population, this unit is macradenia and because it represents from this unit in the future. This unit is essential to the survival and the western limit of the cluster of essential because it currently supports a conservation of the species because this populations that are found on the population of H. macradenia and population represents the genetic northern end of Monterey Bay. This because it is one of only seven variability in the northernmost portion unit, along with the Fairway Unit, populations in the cluster of of the plant’s range and is important for occurs at the highest elevation of the populations that are found on the the expansion of the existing native populations (122 m (400 ft)) and northern end of Monterey Bay. Despite population. In recognition of the consequently the farthest away from the its small size, this unit is essential conservation value of this population, influence of the coastal climate. because it is located between the the Service is contributing funding Preserving the genetic variability within Graham Hill, Arana Gulch, and Rodeo toward nonnative species removal at the species that has allowed it to adapt Gulch Units, and is important for this site (Service 2002). to these different environmental maintaining connectivity between these Santa Cruz—Soquel Area Units conditions is essential for the long-term other units. survival and conservation of the species. Unit B: Graham Hill Unit D: Arana Gulch Unit C: De Laveaga Unit B consists of grasslands on a Unit D consists of grasslands on a relatively flat coastal terrace prairie on Unit C consists of grasslands on a relatively flat coastal terrace prairie the west side of Graham Hill Road, relatively flat coastal terrace prairie within an open space preserve just

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north of Woods Lagoon in the City of ranged in size from 120 individuals in Unit G: Soquel Santa Cruz. This entire unit of 1986 to 21 individuals in 2002 (Hyland Unit G consists of grasslands on approximately 26 ha (65 ac) is on lands 2002). This unit is essential because it sloping alluvial deposits and adjacent owned and managed by the City of currently supports a population of H. relatively flat coastal terrace prairie that Santa Cruz. It is bounded on the west, macradenia and because it is one of straddles the Rodeo Gulch and Soquel east, and north sides by existing only seven populations in the cluster of Creek drainages north of the community development and on the south side by populations that are found on the of Soquel in Santa Cruz County. It is the Santa Cruz Harbor. Huge population northern end of Monterey Bay. As with bounded on the north, east, and south fluctuations have occurred on this site, the Arana Gulch Unit, it occurs at the sides by existing development; the ranging from 100,000 individuals in the lowest elevation of the native western side is bounded by lands that late 1980s when the site was being populations in the northern Monterey have not been developed. grazed by cattle, to no plants in 1995 (K. Bay area (12 to 18 m (40 to 60 ft)) and Approximately 22 ha (55 ac) of this 40- Lyons, in litt., 2001). The City entered consequently the closest to the ha (100-ac) unit is within Anna Jean into a Memorandum of Understanding influence of the coastal climate. Cummings Regional Park (also known as with the CDFG in 1997 to manage Moreover, the two units are within one- O’Neill Ranch), which is managed by Holocarpha macradenia, which half mile of each other and therefore the County of Santa Cruz. The includes utilizing a variety of could retain connectivity between them. remaining portion is privately owned. management techniques to enhance the On the park lands, the population has population. As of 1998, individuals Unit F: Rodeo Gulch been fenced, and portions of the habitat numbered approximately 12,820; in Unit F consists of sloping alluvial for the plant are being mowed and raked 2000, they numbered 234; and in 2002 deposits and adjacent relatively flat in accordance with a management plan they numbered approximately 10,000 coastal terrace prairie that straddles the (K. Lyons, in litt., 2001; Seals 2002). (Ecosystems West 1999; Joe Rigney, Arana Gulch and Rodeo Gulch consultant, pers. comm., 2001). The This unit is essential because it drainages north of the community of currently supports a population of H. County of Santa Cruz approved a Soquel in Santa Cruz County. It is housing development for the privately- macradenia and because it is one of bounded on the north, east, and south only seven populations in the cluster of owned parcel (previously known as sides by existing development; the populations that are found on the Tan, but now called Seacrest) in 1997. western side is bounded by lands that northern end of Monterey Bay. This unit The development included an have not been developed. This entire and the Twin Lakes Unit occur at the approximately 4-ha (10-ac) parcel to be unit of approximately 11 ha (26 ac) is lowest elevation of the native set aside for conservation and a plan to on privately owned lands. This unit populations in the northern Monterey manage the habitat for Holocarpha includes a parcel that has recently been Bay area (12 to 18 m (40 to 60 ft)) and macradenia. Although part of the same proposed for a housing development are consequently the closest to the population, the CNDDB has maintained known as Santa Cruz Gardens influence of the coastal climate. two separate entries (O’Neill and Tan) to Subdivision Unit 12 (Denise Duffy and Moreover, these two units are within reflect the two land ownerships. The one-half mile of each other and Associates 2001). This parcel was total number of individuals in the therefore could retain connectivity previously set aside in a ‘‘temporary combined population has never been between them. It is also essential for the open space easement’’ as mitigation for larger than 200 individuals, with the recovery of the species because current destroying a portion of the H. private parcel supporting only a portion management by the City of Santa Cruz macradenia population by an earlier of those (CNDDB 2001). To date, has allowed this site to support the third phase of the development in 1986 management activities have not resulted largest standing native population of (Service 2000). The current in enhancing the population of the tarplant. It therefore contributes development proposal calls for setting species on either parcel. This unit is significantly to the seed bank reserve for aside approximately 23 ha (56 ac) for essential because it has recently the species and is large enough to conservation and recreation purposes, supported a population of H. support management activities that may and includes much of the habitat that macradenia and the seed bank is still be necessary to maintain the population supports H. macradenia. Salvage of soil present, and because it is one of only at this site. and an H. macradenia seed bank is seven populations in the cluster of being proposed for another portion of populations that are found on the Unit E: Twin Lakes the project site that will be impacted by northern end of Monterey Bay. In Unit E consists of grasslands on development (Lyons 1999). This addition to the seed bank for this relatively flat coastal terrace prairie just population numbered approximately 60 population, this unit supports grassland north of Schwan Lagoon within the City individuals in 1993; none have been habitat that provides for future of Santa Cruz. This entire unit of observed since then (CNDDB 2001). expansion of the population. Also, it is approximately 11 ha (26 ac) is on lands However, a seed bank likely persists at within one-half mile of the Rodeo Gulch owned by the CDPR within Twin Lakes this site. This unit is essential because Unit, and therefore could retain State Park. It is bounded on the west, of the likely presence of an H. connectivity between the units. north, and east sides by existing macradenia seed bank and because it is Moreover, the acreage in Anna Jean development, and on the south side by one of only seven populations in the Cummings Park represents one of the Schwan Lagoon. Since 1997, CDPR has cluster of populations that are found on best remaining fragments of habitat on been actively managing Holocarpha the northern end of Monterey Bay. In which to attempt recovery activities for macradenia habitat by removing addition to the seed bank for this H. macradenia, as it has been subject to invasive, nonnative species and population, this unit supports grassland fewer impacts than other sites. attempting various methods of habitat that provides for future enhancing the population (Service expansion of the population. Also, it is Unit H: Porter Gulch 2000). CDPR has also funded research within one-half mile of the Soquel Unit, Unit H consists of grasslands on on H. macradenia seed bank dynamics and therefore could retain connectivity gently sloping alluvial deposits derived (Bainbridge 1999). This population has between the units. from a coastal terrace that straddles the

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Bates Creek and Porter Gulch drainages (1,205-ac) unit is partly owned by the macradenia occurs within this unit. The north of the community of Soquel in City of Watsonville (the Airport and population numbered approximately Santa Cruz County. It is bounded on all High School) (approximately 125 ha 4,000 individuals in 1990 (CNDDB sides by undeveloped lands. This entire (309 ac)); a small portion is under 2001); the population was observed in unit of approximately 14 ha (35 ac) is easement to CalTrans (approximately 8 1995 and 2001, though not counted. The on privately owned lands. The ha (19 ac)); a portion is designated as a population was fragmented by population of Holocarpha macradenia Reserve by the CDFG (approximately 15 development of the Spring Hills Golf at this site includes an approximately ha (37 ac)); and the remaining portion Course, and now consists of five 12-ha (30-ac) parcel that was proposed is privately owned (approximately 340 separate occurrences. This unit is for a lot split. A management plan for ha (840 ac)). This unit overlaps in part essential because it currently supports the species was developed as part of the with an area that is targeted for regional multiple occurrences of H. macradenia proposed split (Greening Associates conservation planning by the CDFG. that are found in the Monterey Bay area, 1995); however, the management plan Through its Conceptual Area Protection including the five populations known for H. macradenia has not been fully Plan process, CDFG, along with other from the Spring Hills Golf Course. This implemented. This unit also includes Federal, State, and local agencies and unit also supports grassland habitat that adjacent coastal prairie habitat, of which organizations, are identifying is important for the expansion of approximately 4 ha (9 ac) was deeded in opportunities to preserve sensitive existing populations, and for 2001 to the Land Trust of Santa Cruz species and habitats, including the maintaining connectivity between these County for preservation. In 1993, the Harkins Slough and Watsonville Slough populations. It is one of only three areas population of H. macradenia numbered wetlands and adjacent habitats (J. that support populations of H. approximately 1,500 individuals DeWald, in litt., 2001). This unit is macradenia that are found in the central (CNDDB 2001). The population essential because it currently supports Monterey Bay area and in the southern numbered only several hundred multiple populations of H. macradenia end of the range of the species as well individuals in 2001 when the site was including the populations known from as the most inland distribution of the observed to support a large cover of the Airport, Harkins Slough, Apple Hill, species. Preserving genetic variability rattlesnake grass that likely competed and Bay Breeze (see Background for within the species that has allowed it to with H. macradenia (C. Rutherford, additional population information). adapt to these slightly different Service, pers. obs., 2001). This unit is This unit also supports grassland habitat environmental conditions is essential essential because it currently supports a that is important for the expansion of for the long-term survival and population of H. macradenia, and existing populations and for conservation of the species. maintaining connectivity between the because it is one of only seven Unit K: Elkhorn populations in the cluster of populations. It is also one of only three populations that are found on the areas that support populations of H. Unit K consists of sloping terrain on northern end of Monterey Bay. Also, macradenia that are found in the central the edges of a coastal terrace, just south along with the Graham Hill Unit, this Monterey Bay area and in the southern of the Pajaro River in northern Monterey one occurs at the highest elevation of end of the range of the species. County. The population of Holocarpha macradenia that is found here is the native populations (122 m (400 ft)) Preserving any genetic variability within unusual in that it occurs on a canyon and consequently the farthest away from the species that has allowed it to adapt bottom; it is also the only population the influence of the coastal climate. to these slightly different environmental that occurs primarily on the Santa Ynez Preserving the genetic variability within conditions is essential for the long-term soil series. This unit of approximately the species that has allowed it to adapt survival and conservation of the species. 70 ha (170 ac) is privately owned by the to these slightly different environmental Just prior to publication of this final Elkhorn Slough Foundation conditions is essential for the long-term rule, we were informed that (Foundation). The CDFG holds a survival and conservation of the species. construction of the Millennium High School had been initiated. Therefore, conservation easement on an Watsonville Area Units with this unit description, we are approximately 16-ha (40-ac) parcel that overlaps in part with this unit; the Unit I: Watsonville removing the 32 acres that are being converted to building, paved surfaces, Foundation is managing the parcel for Unit I consists of grasslands on and playing fields because these areas its biological values. Multiple Federal, alluvial fans and marine terraces west of will no longer support the primary State, and local government and private the City of Watsonville in Santa Cruz constituent elements. Note, however, agencies have recently developed a County; during the remapping for the that the 32 acres have not been removed conservation plan for the Elkhorn final rule we removed most of the low- from the map depicting this unit; nor Slough watershed; this critical habitat lying drainages that interdigitate with have they been subtracted from the unit unit is within the 18,210-ha (45,000-ac) the grasslands. The northern and eastern total and overall total number of acres area on which the conservation plan boundaries reach toward the Corralitos being designated as critical habitat for focuses (Scharffenberger 1999). In 1993, Creek drainage except where it runs up the species. the population at this site comprised against existing development. The approximately 3,200 individuals southeastern and southern boundary is Unit J: Casserly (CNDDB 2001). Salix spp. (willow) formed by the Pajaro River drainage. Unit J consists of open patches of planting that has been undertaken as The western boundary is formed by the grassland interspersed with golf course part of a riparian enhancement project Harkins Slough drainage and then greens, cattle pastures, croplands, and may increase shading on an adjacent generally follows Buena Vista Drive orchards. This entire unit of population of H. macradenia, leading to north until it intersects with the approximately 450 ha (1,110 ac) consists a reduction in the size of that northern perimeter of the Watsonville of privately owned lands. It is the unit population (Holl, in litt., 2002). This Airport (Airport). This unit excludes for which the least amount of unit is essential because it currently paved areas of the Airport, but includes information is available, particularly supports a population of H. macradenia the unpaved portions surrounding the with respect to existing land uses. The and because it is one of only three areas runways. This approximately 488-ha Spring Hills population of Holocarpha that support populations of H.

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macradenia that are found on the opinion when the species is listed or section 10(a)(1)(B) of the Act permit central Monterey Bay area and in the critical habitat designated, if no from the Service, or any other activity southern end of the range of the species. substantial new information or changes requiring a Federal action (i.e., funding Also, this is the only population that in the action alter the content of the or authorization from the Federal occurs primarily on the Santa Ynez soil opinion (50 CFR 402.10(d)). Highway Administration or Federal series. Preserving any genetic variability If a species is listed or critical habitat Emergency Management Agency), will within the species that has allowed it to is designated, section 7(a)(2) of the Act also be subject to the section 7 adapt to these slightly different requires Federal agencies to ensure that consultation process. Federal actions environmental conditions is essential actions they authorize, fund, or carry not affecting listed species or critical for the long-term survival and out are not likely to jeopardize the habitat, and actions on non-Federal land conservation of the species. In addition continued existence of such a species or that are not federally funded, to the current population, this unit to destroy or adversely modify its authorized, or permitted do not require comprises grassland habitat that is critical habitat. If a Federal action may section 7 consultation. important for the expansion of the affect a listed species or its critical To properly portray the effects of population. habitat, the responsible Federal agency critical habitat designation, we must (action agency) must enter into first compare the section 7 requirements Effects of Critical Habitat Designation consultation with us. Through this for actions that may affect critical Section 7 Consultation consultation the Federal action agency habitat with the requirements for would ensure that the permitted actions actions that may affect a listed species. Section 7(a)(2) of the Act requires do not destroy or adversely modify Section 7 ensures that actions funded, Federal agencies, including the Service, critical habitat. authorized, or carried out by Federal to ensure that actions they fund, If we issue a biological opinion agencies are not likely to jeopardize the authorize, permit, or carry out do not concluding that a project is likely to continued existence of a listed species, destroy or adversely modify critical result in the destruction or adverse or destroy or adversely modify the listed habitat. Destruction or adverse modification of critical habitat, we also species’ critical habitat. Actions likely modification of critical habitat occurs provide ‘‘reasonable and prudent to ‘‘jeopardize the continued existence’’ when a Federal action directly or alternatives’’ to the project, if any are of a species are those that would indirectly alters critical habitat to the identifiable. Reasonable and prudent appreciably reduce the likelihood of the extent it appreciably diminishes the alternatives are defined at 50 CFR species’ survival and recovery. Actions value of critical habitat for the 402.02 as alternative actions identified likely to ‘‘destroy or adversely modify’’ conservation of the species. Individuals, during consultation that can be critical habitat are those that would organizations, States, local governments, implemented in a manner consistent appreciably reduce the value of critical and other non-Federal entities are with the intended purpose of the action, habitat for the survival and recovery of affected by the designation of critical that are consistent with the scope of the the listed species. habitat only if their actions occur on Federal agency’s legal authority and The relationship between a species’ Federal lands, require a Federal permit, jurisdiction, that are economically and survival and its recovery has been a license, or other authorization, or technologically feasible, and that the source of confusion to some in the past. involve Federal funding. Director believes would avoid We believe that a species’ ability to Section 7(a) of the Act requires destruction or adverse modification of recover depends on its ability to survive Federal agencies, including the Service, critical habitat. Reasonable and prudent into the future when its recovery can be to evaluate their actions with respect to alternatives can vary from slight project achieved; thus, the concepts of long- any species that is proposed or listed as modifications to extensive redesign or term survival and recovery are endangered or threatened, and with relocation of the project. intricately linked. However, in the respect to its critical habitat, if any is Regulations at 50 CFR 402.16 require March 15, 2001, decision of the United designated or proposed. Regulations Federal agencies to reinitiate States Court of Appeals for the Fifth implementing this interagency consultation on previously reviewed Circuit (Sierra Club v. U.S. Fish and cooperation provision of the Act are actions under certain circumstances, Wildlife Service et al., 245 F.3d 434) codified at 50 CFR part 402. including instances where critical regarding our previous not prudent Section 7(a)(4) of the Act requires habitat is subsequently designated and finding, the Court found our definition Federal agencies to confer with us on the Federal agency has retained of destruction or adverse modification any action that is likely to jeopardize discretionary involvement, or control as currently contained in 50 CFR 402.02 the continued existence of a species has been retained, or it is authorized by to be invalid. In response to this proposed for listing, or result in law. Consequently, some Federal decision, we are reviewing the destruction or adverse modification of agencies may request reinitiation of regulatory definition of adverse proposed critical habitat. Conference consultation or conference with us on modification in relation to the reports provide conservation actions for which formal consultation conservation of the species. recommendations to assist action has been completed, if those actions Section 4(b)(8) of the Act requires us agencies in eliminating conflicts that may affect designated critical habitat, or to evaluate briefly and describe in any may be caused by their proposed adversely modify or destroy proposed proposed or final regulation that action(s). The conservation measures in critical habitat. designates critical habitat those a conference report are advisory. Activities that may affect Holocarpha activities involving a Federal action that We may issue a formal conference macradenia or its critical habitat will may adversely modify such habitat or report, if requested by the Federal action require consultation under section 7 of that may be affected by such agency. Formal conference reports the Act. Activities on private or State designation. Activities that may destroy include an opinion that is prepared lands, that require a permit from a or adversely modify critical habitat according to 50 CFR 402.14, as if the Federal agency, such as a permit from would be those that alter the primary species was listed or critical habitat the U.S. Army Corps of Engineers constituent elements to the extent that designated. We may adopt the formal (Corps) under section 404 of the Clean the value of critical habitat for both the conference report as the biological Water Act (33 U.S.C. 1344 et seq.), a survival and recovery of Holocarpha

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macradenia is appreciably reduced. We requests are contained under Comment ensure that the HCPs provide for note that such activities may also Nos. 8, 9, and 10 in the Response to protection and management of habitat jeopardize the continued existence of Comments section earlier in this rule. areas essential for the conservation of the species. As discussed in this final rule and in this species. This will be accomplished Activities that, when carried out, our economic analysis for this by either directing development and funded, or authorized by a Federal rulemaking, we have determined that habitat modification to nonessential agency, may directly or indirectly the adverse economic effects resulting areas, or appropriately modifying destroy or adversely modify critical from this critical habitat designation activities within essential habitat areas habitat for Holocarpha macradenia will be minimal. We believe all the so that such activities will not adversely include, but are not limited to: areas included in this designation, modify the primary constituent (1) Activities that alter watershed including those for which exclusions elements. The HCP development characteristics in ways that would were requested, are essential for the process would provide an opportunity appreciably alter or reduce the quality conservation of Holocarpha macradenia for more intensive data collection and or quantity of surface and subsurface because native populations have already analysis regarding the use of particular flow of water needed to maintain the been extirpated from the northern two- habitat areas by H. macradenia. The coastal terrace prairie habitat. Such thirds of its range, and the only process would also enable us to conduct activities adverse to Holocarpha remaining expression of the northern detailed evaluations of the importance macradenia could include, but are not gene stock persists as introduced of such lands to the long-term survival limited to, maintaining an unnatural fire populations in the middle portion of its of the species in the context of regime either through fire suppression range (East Bay area). This designation constructing a biologically configured or prescribed fires that are too frequent would protect the remaining existing system of interlinked habitat blocks. or poorly-timed; residential and populations, adjacent suitable areas We will provide technical assistance commercial development, including needed for the expansion of populations and work closely with applicants road building and golf course and would maintain connectivity throughout the development of any installations; agricultural activities, between populations through pollinator future HCPs to identify lands essential including orchardry, viticulture, row activity and seed dispersal mechanisms, for the long-term conservation of H. crops, and livestock grazing; and and the ecological functions upon macradenia and appropriate vegetation manipulation such as which the species depends. The role management for those lands. harvesting firewood in the watershed that these lands play in the long term Furthermore, we will complete intra- upslope from H. macradenia; and persistence of the species is also Service consultation on our issuance of (2) Activities that appreciably degrade discussed under the Site Selection and section 10(a)(1)(B) permits for these or destroy coastal terrace prairie habitat, Critical Habitat Designation sections HCPs to ensure permit issuance will not including but not limited to livestock earlier in this rule. We believe that the destroy or adversely modify critical grazing, clearing, discing, introducing or designation of the lands in this final habitat. encouraging the spread of nonnative rule as critical habitat outweigh the Economic Analysis species, and heavy recreational use. As benefits of their exclusion from being noted earlier in the rule, some form of designated as critical habitat. Section 4(b)(2) of the Act requires us grazing may be helpful if it maintains Consequently, none of the proposed to designate critical habitat on the basis open habitat and decreases competition lands have been excluded from the of the best scientific and commercial from other species. designation based on economic impacts information available and to consider If you have questions regarding or other relevant factors pursuant to the economic and other relevant whether specific activities will likely section 4(b)(2). impacts of designating a particular area constitute adverse modification of as critical habitat. We may exclude areas critical habitat, contact the Field Relationship to Habitat Conservation from critical habitat upon a Supervisor, Ventura Fish and Wildlife Plans and Other Planning Efforts determination that the benefits of such Office (see FOR FURTHER INFORMATION Currently, there are no habitat exclusions outweigh the benefits of CONTACT section). Requests for copies of conservation plans (HCPs) that include specifying such areas as critical habitat. the regulations on listed wildlife and Holocarpha macradenia as a covered We cannot exclude such areas from inquiries about prohibitions and permits species. Section 10(a)(1)(B) of the Act critical habitat when such exclusion may be addressed to the U.S. Fish and authorizes us to issue permits for the will result in the extinction of the Wildlife Service, Portland Regional take of listed species incidental to species concerned. Office, 911 NE 11th Avenue, Portland, otherwise lawful activities. An Following the publication of the OR 97232–4181 (503/231–6131, FAX incidental take permit application must proposed critical habitat designation, a 503/231–6243). be supported by an HCP that identifies draft economic analysis was conducted conservation measures that the to estimate the potential economic effect Exclusions Under Section 4(b)(2) permittee agrees to implement for the of the designation. The draft analysis Subsection 4(b)(2) of the Act allows species to minimize and mitigate the was made available for review on May us to exclude areas from the critical impacts of the permitted take. Although 7, 2002 (67 FR 30642). We accepted habitat designation where the benefits of ‘‘take’’ of listed plants is not prohibited comments on the draft analysis until exclusion outweigh the benefits of by the Act, listed plant species may also this second public comment period designation, provided the exclusion will be covered in an HCP for wildlife closed on June 6, 2002. not result in extinction of the species. species. In most instances we believe Our economic analysis evaluated the We received requests for exclusion from that the benefits of excluding HCPs from potential future effects associated with critical habitat designation from the critical habitat designations will the listing of H. macradenia as a following parties: California Army outweigh the benefits of including them. threatened species under the Act, as National Guard, Pajaro Unified School In the event that future HCPs covering well as any potential effect of the District, City of Watsonville, and H. macradenia are developed within the critical habitat designation above and California Department of boundaries of the designated critical beyond those regulatory and economic Transportation; our response to these habitat, we will work with applicants to impacts associated with listing. To

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quantify the proportion of total potential resulting from consultations and project considered comments on it during the economic impacts attributable to the modifications by CalTrans in the preparation of this rule. critical habitat designation, the analysis Watsonville Unit. Costs to local agencies Regulatory Flexibility Act (5 U.S.C. 601 evaluated a ‘‘without section 7’’ baseline are expected to be approximately et seq.) and compared it to a ‘‘with section 7’’ $179,000, primarily resulting from scenario. The ‘‘without section 7’’ consultations and project modifications Under the Regulatory Flexibility Act baseline represents the level of in the Mezue and Watsonville Units. (5 U.S.C. 601 et seq., as amended by the protection currently afforded to the Costs to private landowners are Small Business Regulatory Enforcement species under the Act, absent section 7 expected to be approximately $32,000, Fairness Act (SBREFA) of 1996), protective measures, and includes primarily resulting from consultations whenever an agency is required to protections afforded by other Federal, and modifications within the Rodeo publish a notice of rulemaking for any State, and local laws such as the Gulch and Watsonville Units. These proposed or final rule, it must prepare California Environmental Quality Act. estimates are based on the existing and make available for public comment The ‘‘with section 7’’ scenario identifies consultation history with agencies in a regulatory flexibility analysis that land-use activities likely to involve a this area and increased public describes the effects of the rule on small Federal nexus that may affect the awareness regarding the actual impacts entities (i.e., small businesses, small species or its designated critical habitat, of critical habitat designation on land organizations, and small government which accordingly may trigger future values. Because of Holocarpha jurisdictions). However, no regulatory consultations under section 7 of the Act. macradenia’s limited distribution and flexibility analysis is required if the Upon identifying section 7 impacts, the small amount of available suitable head of the agency certifies the rule will the analysis proceeds to consider the habitat, it is assumed that most projects not have a significant economic impact subset of impacts that can be attributed would be subject to consultation on on a substantial number of small exclusively to the critical habitat their potential impacts to the species, entities. SBREFA amended the designation. The upper-bound estimate regardless of this critical habitat Regulatory Flexibility Act to require includes both jeopardy and critical designation. Therefore, most potential Federal agencies to provide a statement habitat impacts. The subset of section 7 costs are attributable co-extensively to of the factual basis for certifying that the impacts likely to be affected solely by the listing of H. macradenia. The rule will not have a significant the designation of critical habitat designation of critical habitat is not economic effect on a substantial number represents the lower-bound estimate of expected to result in any significant of small entities. SBREFA also amended the Regulatory Flexibility Act to require the analysis. The categories of potential additional regulatory protection.. costs considered in the analysis a certification statement. In this rule, we included the costs associated with: (1) Following the close of the comment are certifying that the critical habitat Conducting section 7 consultations period on the draft Economic Analysis, designation for Holocarpha macradenia associated with the listing or with the a final addendum was completed which will not have a significant economic designation of critical habitat, including incorporated public comments on the impact on a substantial number of small reinitiated consultations and technical draft analysis. The values presented entities. The following discussion assistance; (2) modifications to projects, above may be an overestimate of the explains our rationale. activities, or land uses resulting from potential economic effects of the According to the Small Business the section 7 consultations; (3) designation because the final Administration (http://www.sba.gov/ uncertainty and public perceptions designation has been reduced to size/), small entities include small resulting from the designation of critical encompass 1,175 ha (2,902 ac) versus organizations, such as independent habitat; and (4) potential offsetting the 1,360 ha (3,360 ac) proposed as nonprofit organizations, and small beneficial costs associated with critical critical habitat, a difference of 185 ha governmental jurisdictions, including habitat including educational benefits. (458 ac). school boards and city and town Our economic analysis recognizes that A copy of the final economic analysis governments that serve fewer than there may be costs from delays and a description of the exclusion 50,000 residents, as well as small associated with reinitiating completed process with supporting documents are businesses. The Small Business consultations after the critical habitat included in our administrative record Administration defines small businesses designation is made final. There may and may be obtained by contacting our by their principal trade. For example, also be economic effects due to the Ventura Fish and Wildlife Office (see manufacturing and mining concerns reaction of the real estate market to ADDRESSES section). with fewer than 500 employees, critical habitat designation, as real estate wholesale trade entities with fewer than values may be lowered due to a Required Determinations 100 employees, retail and service perceived increase in the regulatory Regulatory Planning and Review businesses with less than $5 million in burden. However, we believe these annual sales, general and heavy impacts will be short-term. In accordance with Executive Order construction businesses with less than Based on our analysis, we have 12866, this document is a significant $27.5 million in annual business, concluded that the designation of rule and was reviewed by the Office of special trade contractors doing less than critical habitat would not result in a Management and Budget (OMB), as $11.5 million in annual business, and significant economic impact, and OMB determined that this rule may agricultural businesses with annual estimate the potential economic effects raise novel legal or policy issues. The sales less than $750,000 are considered over a 10-year period would be Service has prepared an economic by the Small Business Administration to $338,000. Costs to Federal agencies are analysis of this action. The Service used be small. To determine if potential expected to be approximately $62,000, this analysis to meet the requirement of economic impacts to these small entities primarily resulting from consultations section 4(b)(2) of the Act to determine are significant, we consider the types of and project modifications in the the economic consequences of activities that might trigger regulatory Watsonville Unit. Costs to State designating the specific areas as critical impacts under this rule as well as the agencies are expected to be habitat. This analysis was made types of project modifications that may approximately $57,000, primarily available for public comment, and we result. In general, the term ‘‘significant

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economic impact’’ is meant to apply to array of possible future land uses. At the it faces, especially as described in the a typical small business firm’s business current time, the 450-ha (1,110-ac) final listing rule and in this critical operations. Casserly Unit consists of lands primarily habitat designation, as well as our In determining whether this rule designated for noncommercial experience with similar listed plants in could ‘‘significantly affect a substantial agriculture, and includes hobby farms, California. In addition, the State of number of small entities,’’ the economic rural residences, cattle grazing, and California listed H. macradenia as an analysis first determined whether small animal husbandry. It also includes endangered species under the California critical habitat could potentially affect a two golf courses. Lands within this unit Endangered Species Act in 1979, and ‘‘substantial number’’ of small entities may be developed in the future, we have also considered the kinds of in counties supporting critical habitat although we are not aware of any plans actions required through State areas. While SBREFA does not for development at this time. The 488- consultations for this species. The kinds explicitly define ‘‘substantial number,’’ ha (1,205-ac) Watsonville Unit primarily of actions that may be included in the Small Business Administration, as consists of lands zoned for commercial future reasonable and prudent well as other Federal agencies, have agriculture, including row crops as well alternatives include conservation set- interpreted this to represent an impact as cattle grazing. The remaining portion asides, management of competing on 20 percent or greater of the number of the unit is within the city limits of nonnative species, restoration of of small entities in any industry. In the City of Watsonville. We are aware of degraded habitat, construction of some circumstances, especially with several possible future projects in this protective fencing, and regular critical habitat designations of limited unit, including airport expansion, a high monitoring. extent, we may aggregate across all school development, Federal Highway Our economic analysis identified two industries and consider whether the Administration projects (such as categories of small entities that could total number of small entities affected is rebuilding bridges or widening potentially be affected by this rule: real substantial; though this is not one of freeways), and housing development. estate developers and the Watsonville those circumstances. In estimating the Future development projects in this area Municipal Airport, which is operated by numbers of small entities potentially will also be affected by coastal zone the City of Watsonville. The Small affected, we also considered whether permitting and other State and local Business Administration defines small their activities have any Federal planning and zoning requirements. businesses in this sector to be entities involvement. Designation of critical Several of these projects may have with $5.0 million or less in annual habitat only affects activities conducted, Federal involvement, including the receipts. In determining whether this funded, or permitted by Federal airport expansion that is being funded rule could ‘‘significantly affect a agencies. Some kinds of activities are and permitted by the Federal Aviation substantial number of these small unlikely to have any Federal Administration; a high school entities,’’ the economic analysis first involvement and so will not be affected development that may require section determined whether critical habitat by critical habitat designation. 404 authorizations from the Army Corps could potentially affect a ‘‘substantial Outside the existing developed areas, of Engineers and an incidental take number.’’ While SBREFA does not the projected land uses for the majority permit, pursuant to section 10(a)(1)(B) explicitly define ‘‘substantial number,’’ of the critical habitat consist of of the Act, from the Service; housing our economic analysis has interpreted recreation, military storage, housing developments that may require 404 this to represent an impact on 20 development, agriculture, cattle grazing, authorizations; and watershed and percent or greater of the number of conservation lands for natural resource restoration management projects small entities in any single industry. values, and possible airport expansion. sponsored by the Natural Resources This standard is similar to that adopted Of the 11 critical habitat units identified Conservation Service (NRCS). The by other Federal agencies in their in the proposed rule, 9 consist of fewer requirement in section 7(a)(2) to avoid rulemaking analyses. than 10 parcels each, and 6 of these are jeopardizing listed species and To be conservative, (i.e., more likely only 3 parcels or fewer. Future destroying or adversely modifying to overstate impacts than understate development is not likely in six of these designated critical habitat may result in them), the analysis assumed that a nine units because they are primarily Federal agencies requiring certain unique company will undertake each of park lands or lands dedicated to modifications to proposed projects. the projected consultations in a given conservation. Future development has Based on our experience with section year, and so the number of businesses already been permitted in the remaining 7 consultations for all listed species, affected is equal to the total annual three of these nine units; in these cases, virtually all projects—including those number of consultations (both formal we are coordinating with the that, in their initial proposed form, and informal). The analysis estimated appropriate State, county, and city would result in jeopardy or adverse that, over the next ten years, the annual agencies. We do not anticipate that this modification determinations in section number of small real estate developers designation of critical habitat will result 7 consultations—can be implemented and airport industries that would be in any additional regulatory impacts on successfully with, at most, the adoption affected by section 7 consultations development projects already permitted of reasonable and prudent alternative would be 0.1 and 0.2, respectively. in these units, and we are not aware of measures. These measures, by Given that the total number of small real any Federal activities in these units that definition, must be economically estate development businesses in the would require consultation or feasible and within the scope of area is approximately 286, the annual reinitiation of already-completed authority of the Federal agency involved percentage of small real estate consultations for ongoing projects. As in the consultation. As we have a very developers affected by this rulemaking these three units are small (14 ha (35 ac) limited consultation history for was estimated to be 0.03 percent, well or less), it is unlikely that additional Holocarpha macradenia, we can only below the 20 percent threshold development beyond that already describe the general kinds of actions considered to be ‘‘substantial.’’ Given permitted could occur here. that may be identified in future that the total number of small airports The two remaining units are reasonable and prudent alternatives. and flying fields in the state (the area of significantly larger in acreage and These are based on our understanding of analysis due to the regional aspects of therefore encompass a more diverse the needs of the species and the threats the airport) is approximately 115, the

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annual percentage of small airports to prepare Statements of Energy Effects agencies. Where the species is present, affected by this rulemaking was when undertaking certain actions. The the designation of critical habitat estimated to be 0.13 percent, also well primary land uses within this imposes no additional restrictions to below the 20 percent threshold designated critical habitat include urban those currently in place, and therefore, considered to be ‘‘substantial.’’ While and agricultural development, has little incremental impact on State the economic analysis concluded that a recreation, open space, conservation, and local governments and their substantial number of small entities airport facilities, and military storage activities. The designation of critical would not be affected, it further facilities. We are not aware of any habitat in unoccupied areas may require analyzed whether any of the businesses energy-related facilities located within consultation under section 7 of the Act likely to be affected would be designated critical habitat. Although on non-Federal lands (where a Federal ‘‘significantly’’ affected. Operating this rule is a significant regulatory nexus occurs) that might otherwise not under the assumption that an action under Executive Order 12866, it have occurred. establishment would be significantly is not expected to significantly affect The designations may have some affected if the cost of compliance energy supplies, distribution, or use. benefit to these governments in that the exceeded three percent of its sales, the Therefore, this action is not a significant areas essential to the conservation of analysis determined that less than one energy action and no Statement of these species are more clearly defined, percent of small developers and airport Energy Effects is required. and the primary constituent elements of industries would, on average, the habitat necessary to the survival of experience a significant effect as a result Unfunded Mandates Reform Act (2 the species are identified. While this of this rulemaking. Therefore, we are U.S.C. 1501 et seq.) definition and identification does not certifying that the designation of critical In accordance with the Unfunded alter where and what federally habitat for Holocarpha macradenia will Mandates Reform Act (2 U.S.C. 1501, et sponsored activities may occur, it may not have a significant economic impact seq.): assist these local governments in long- on a substantial number of small (a) This rule will not ‘‘significantly or range planning (rather than waiting for entities. A regulatory flexibility analysis uniquely’’ affect small governments. A case-by-case section 7 consultation to is not required. Small Government Agency Plan is not occur). required. Small governments will be Small Business Regulatory Enforcement affected only to the extent that they Civil Justice Reform Fairness Act (5 U.S.C. 804(2)) must ensure that any programs having In accordance with Executive Order As discussed above, this rule is not a Federal funds, permits, or other 12988, the Department of the Interior’s major rule under 5 U.S.C. 804(2), the authorized activities must ensure that Office of the Solicitor has determined Small Business Regulatory Enforcement their actions will not adversely modify that this rule does not unduly burden Fairness Act. This final designation of or destroy designated critical habitat. the judicial system and meets the critical habitat: (a) Does not have an (b) This rule will not produce a requirements of sections 3(a) and 3(b)(2) annual effect on the economy of $100 Federal mandate of $100 million or of the Order. We have designated million or more; (b) will not cause a greater in any year; that is, it is not a critical habitat in accordance with the major increase in costs or prices for ‘‘significant regulatory action’’ under provisions of the Endangered Species consumers, individual industries, the Unfunded Mandates Reform Act. Act, as amended. The rule uses standard Federal, State, or local government The designation of critical habitat property descriptions and identifies the agencies, or geographic regions; and (c) imposes no obligations on State or local primary constituent elements within the does not have significant adverse effects governments. designated areas to assist the public in on competition, employment, understanding the habitat needs of Takings investment, productivity, innovation, or Holocarpha macradenia. the ability of U.S.-based enterprises to In accordance with Executive Order compete with foreign-based enterprises. 12630 (‘‘Government Actions and Paperwork Reduction Act of 1995 (44 Refer to the final economic analysis for Interference with Constitutionally U.S.C. 3501 et seq.) a discussion of the effects of this Protected Private Property Rights’’), we This rule does not contain any determination. have analyzed the potential takings information collection requirements for Proposed and final rules designating implications of designating critical which OMB approval under the critical habitat for listed species are habitat for Holocarpha macradenia in a Paperwork Reduction Act is required. issued under the authority of the takings implication assessment. The This rule will not impose new record- Endangered Species Act of 1973, as takings implications assessment keeping or reporting requirements on amended (16 U.S.C. 1531 et seq.). concludes that this final rule does not State or local governments, individuals, Competition, employment, investment, pose significant takings implications. businesses, or organizations. An agency productivity, innovation, or the ability may not conduct or sponsor, and a Federalism of U.S.-based enterprises to compete person is not required to respond to, a with foreign-based enterprises will not In accordance with Executive Order collection of information unless it be affected by the final rule designating 13132, the rule does not have significant displays a valid OMB Control Number. critical habitat for this species. Federalism effects. A Federalism National Environmental Policy Act Therefore, we anticipate that this final assessment is not required. In keeping rule will not place significant additional with Department of the Interior policy, We have determined that an burdens on any entity. we requested information from, and Environmental Assessment and/or an coordinated development of this critical Environmental Impact Statement as Executive Order 13211 habitat designation, with appropriate defined by the National Environmental On May 18, 2001, the President issued State resource agencies in California. Policy Act of 1969 need not be prepared an Executive Order (E.O. 13211) on We will continue to coordinate any in connection with regulations adopted regulations that significantly affect future changes in the designation of pursuant to section 4(a) of the Act. We energy supply, distribution, and use. critical habitat for the Holocarpha published a notice outlining our reason Executive Order 13211 requires agencies macradenia with the appropriate State for this determination in the Federal

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Register on October 25, 1983 (48 FR contain any Tribal lands or lands that Regulation Promulgation 49244). This determination does not we have identified as impacting Tribal Accordingly, we hereby amend part constitute a major Federal action trust resources. significantly affecting the quality of the 17, subchapter B of chapter I, title 50 of human environment. References Cited the Code of Federal Regulations, as set forth below: Government-to-Government A complete list of all references cited Relationship With Tribes herein, as well as others, is available PART 17—[AMENDED] upon request from the Ventura Fish and 1. The authority citation for part 17 In accordance with the President’s Wildlife Office (see ADDRESSES section). memorandum of April 29, 1994, continues to read as follows: ’’Government-to-Government Relations Author Authority: 16 U.S.C. 1361–1407; 16 U.S.C. With Native American Tribal 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The author of this final rule is Governments’’ (59 FR 22951), Executive 625, 100 Stat. 3500, unless otherwise noted. Constance Rutherford, Ventura Fish and Order 13175, and the Department of the Wildlife Office (see ADDRESSES section). 2. Section § 17.12(h) is amended by Interior’s manual at 512 DM 2, we revising the entry for Holocarpha readily acknowledge our responsibility List of Subjects in 50 CFR Part 17 macradenia under ‘‘FLOWERING to communicate meaningfully with PLANTS,’’ to read as follows: federally recognized Tribes on a Endangered and threatened species, Government-to-Government basis. The Exports, Imports, Reporting and record § 17.12 Endangered and threatened plants. designated critical habitat for keeping requirements, and * * * * * Holocarpha macradenia does not Transportation. (h) * * *

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

FLOWERING PLANTS

******* Holocarpha Santa Cruz tarplant U.S.A. (CA) ...... Asteraceae—Sun- T 690 17.96(a) NA macradenia. flower.

*******

3. In § 17.96, amend paragraph (a) by (i) Soils associated with coastal saturated soils characteristic of adding an entry for Holocarpha terrace prairies, including the Holocarpha macradenia habitat. macradenia in alphabetical order under Watsonville, Tierra, Elkhorn, Santa Inez, (3) Critical habitat does not include Family Asteraceae to read as follows: and Pinto series. existing features and structures, such as (ii) Plant communities that support buildings, roads, aqueducts, railroads, § 17.96 Critical habitat—plants. associated species, including native airport runways and buildings, other * * * * * grasses such as Nassella sp.(needlegrass) paved areas, lawns, and other urban (a) * * * and Danthonia californica (California landscaped areas not containing one or Family Asteraceae: Holocarpha oatgrass); native herbaceous species more of the primary constituent macradenia (Santa Cruz tarplant) such as members of the genus elements. Hemizonia (other tarplants), Perideridia (4) Critical Habitat Map Units. (1) Critical habitat units are depicted gairdneri (Gairdner’s yampah), (i) Data layers defining map units for Contra Costa, Santa Cruz, and Plagiobothrys diffusus (San Francisco were created on a base of USGS 7.5′ Monterey Counties, California, on the popcorn flower), and Trifolium quadrangles obtained from the State of maps below. buckwestiorum (Santa Cruz clover); and California’s Stephen P. Teale Data (2) The primary constituent elements (iii) Physical processes, particularly Center. Critical habitat units were then of critical habitat for Holocarpha soils and hydrologic processes, that mapped using UTM coordinates. macradenia are the habitat components maintain the soil structure and (ii) Map 1—Index map follows: that provide: hydrology that produce the seasonally BILLING CODE 4310–55–P

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(5) Unit A: Mezue. Contra Costa 562684, 4199550; 562687, 4199490; 562299, 4198950; 562301, 4198970; County, California. 562684, 4199440; 562683, 4199390; 562309, 4199010; 562308, 4199030; (i) From USGS 1:24,000 quadrangle 562680, 4199340; 562686, 4199300; 562306, 4199040; 562293, 4199060; map Richmond. Lands bounded by the 562629, 4199340; 562599, 4199370; 562288, 4199070; 562276, 4199090; following UTM zone 10, NAD83 562577, 4199410; 562556, 4199480; 562271, 4199090; 562264, 4199090; coordinates (E, N): 562046, 4199420; 562520, 4199680; 562513, 4199690; 562264, 4199090; 562258, 4199080; 562047, 4199460; 562063, 4199550; 562500, 4199690; 562496, 4199680; 562258, 4199060; 562253, 4199020; 562066, 4199570; 562070, 4199600; 562498, 4199650; 562520, 4199510; 562251, 4198990; 562252, 4198940; 562073, 4199650; 562074, 4199670; 562526, 4199420; 562537, 4199380; 562251, 4198930; 562250, 4198930; 562076, 4199690; 562076, 4199690; 562544, 4199340; 562567, 4199290; 562242, 4198920; 562229, 4198900; 562079, 4199700; 562085, 4199710; 562212, 4198880; 562188, 4198890; 562100, 4199720; 562116, 4199730; 562598, 4199250; 562615, 4199240; 562621, 4199200; 562629, 4199170; 562184, 4198920; 562174, 4198960; 562133, 4199740; 562149, 4199750; 562163, 4199000; 562155, 4199030; 562179, 4199780; 562190, 4199800; 562636, 4199120; 562637, 4199070; 562151, 4199050; 562146, 4199070; 562230, 4199800; 562270, 4199800; 562638, 4199010; 562640, 4198990; 562136, 4199130; 562135, 4199140; 562299, 4199800; 562324, 4199800; 562645, 4198960; 562649, 4198920; 562132, 4199150; 562118, 4199180; 562357, 4199820; 562382, 4199840; 562648, 4198910; 562632, 4198880; 562403, 4199860; 562466, 4199870; 562615, 4198860; 562592, 4198840; 562108, 4199190; 562092, 4199220; 562548, 4199840; 562579, 4199820; 562554, 4198820; 562530, 4198810; 562078, 4199230; 562058, 4199270; 562616, 4199790; 562703, 4199720; 562499, 4198800; 562483, 4198800; 562049, 4199280; 562045, 4199290; 562717, 4199700; 562723, 4199690; 562465, 4198790; 562417, 4198780; 562043, 4199300; 562041, 4199310; 562724, 4199680; 562722, 4199670; 562371, 4198800; 562314, 4198810; 562041, 4199330; 562042, 4199350; 562712, 4199650; 562705, 4199620; 562255, 4198850; 562280, 4198890; 562044, 4199360; 562046, 4199420. 562699, 4199600; 562690, 4199580; 562291, 4198910; 562299, 4198930; (ii) Map 2 of Unit A follows:

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(6) Unit B: Graham Hill. Santa Cruz 585719, 4096560; 585710, 4096710; 585912, 4095870; 585910, 4095880; County, California. 585724, 4096750; 585701, 4096790; 585910, 4095890; 585912, 4095900. (i) Unit B (Graham Hill north 585699, 4096820; 585739, 4096850; (iii) Unit B (Graham Hill south subunit). From USGS 1:24,000 585791, 4096860; 585839, 4096880; subunit). From USGS 1:24,000 quadrangle map Felton. Lands bounded 585905, 4096930. quadrangle map Felton. Lands bounded by the following UTM zone 10, NAD83 by the following UTM zone 10, NAD83 coordinates (E, N): 585905, 4096930; (ii) Unit B (Graham Hill central 585915, 4096850; 585930, 4096130; subunit). From USGS 1:24,000 coordinates (E, N): 586017, 4095760; 585930, 4096110; 585879, 4096100; quadrangle map Felton. Lands bounded 586058, 4095680; 585931, 4095640; 585863, 4096100; 585841, 4096110; by the following UTM zone 10, NAD83 585928, 4095650; 585922, 4095670; 585833, 4096130; 585817, 4096180; coordinates (E, N): 585912, 4095900; 585920, 4095680; 585922, 4095690; 585815, 4096210; 585819, 4096240; 585919, 4095900; 585928, 4095910; 585930, 4095710; 585937, 4095730; 585840, 4096280; 585850, 4096320; 585942, 4095900; 585974, 4095840; 585944, 4095740; 585955, 4095740; 585837, 4096350; 585810, 4096390; 585954, 4095830; 585939, 4095840; 585976, 4095750; 586017, 4095760. 585749, 4096430; 585721, 4096480; 585925, 4095840; 585915, 4095850; (iv) Map 3 of Unit B follows:

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(7) Unit C: (De Laveaga). Santa Cruz 588523, 4094740; 588522, 4094730; 588417, 4094610; 588406, 4094620; County, California. 588519, 4094710; 588522, 4094690; 588401, 4094640; 588399, 4094660; (i) From USGS 1:24,000 quadrangle 588522, 4094680; 588519, 4094660; 588401, 4094690; 588410, 4094720; map Santa Cruz. Lands bounded by the 588515, 4094650; 588504, 4094630; 588416, 4094740; 588424, 4094770; following UTM zone 10, NAD83 588488, 4094660; 588476, 4094660; 588432, 4094790; 588439, 4094810; coordinates (E, N): 588446, 4094810; 588459, 4094620; 588445, 4094620; 588446, 4094810. 588468, 4094810; 588492, 4094800; 588440, 4094590; 588429, 4094590; 588510, 4094780; 588523, 4094760; (ii) Map 4 of Unit C follows:

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(8) Unit D: Arana Gulch. Santa Cruz 4092540; 589108, 4092540; 589092, 589918, 4091800; 589899, 4091780; County, California. 4092510; 589057, 4092450; 589033, 589871, 4091770; 589823, 4091760; From USGS 1:24,000 quadrangle 4092400; 588999, 4092360; 588929, 589784, 4091760; 589744, 4091750; maps Santa Cruz and Soquel. Lands 4092350; 588916, 4092360; 588894, 589722, 4091750; 589692, 4091760; bounded by the following UTM zone 10, 4092470; 588891, 4092560; 588890, 589667, 4091780; 589656, 4091770; NAD83 coordinates (E, N): 589295, 4092650; 588919, 4092710; 588946, 589640, 4091750; 589616, 4091740; 4093310; 589315, 4093270; 589338, 4092730; 588980, 4092760; 589053, 589559, 4091710; 589532, 4091690; 4093210; 589358, 4093170; 589399, 4092880; 589080, 4092950; 589119, 589521, 4091660; 589521, 4091640; 4093120; 589404, 4093100; 589399, 4093040; 589234, 4093080; 589178, 589522, 4091620; 589504, 4091610; 4093030; 589401, 4092990; 589400, 4093270; 589181, 4093310; 589214, 589489, 4091620; 589476, 4091640; 4092940; 589391, 4092900; 589386, 4093320; 589245, 4093330; 589268, 589455, 4091700; 589450, 4091730; 4092860; 589375, 4092830; 589353, 4093330; 589295, 4093310. 589449, 4091770; 589458, 4091800; 4092780; 589340, 4092750; 589340, (9) Unit E: Twin Lakes. Santa Cruz 589472, 4091830; 589473, 4091840; 4092730; 589325, 4092690; 589310, County, California. 4092640; 589290, 4092600; 589272, (i) From USGS 1:24,000 quadrangle 589465, 4091860; 589464, 4091890; 4092590; 589252, 4092570; 589238, map Soquel. Lands bounded by the 589463, 4091900; 589482, 4091920; 4092550; 589229, 4092530; 589221, following UTM zone 10, NAD83 589506, 4091940; 589522, 4091950; 4092500; 589195, 4092460; 589161, coordinates (E, N): 589964, 4091950; 589964, 4091950. 4092490; 589139, 4092530; 589120, 589967, 4091930; 589964, 4091890; (ii) Map 5 of Units D and E follows:

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(10) Unit F: Rodeo Gulch. Santa Cruz 592109, 4095100; 592041, 4095190; 592380, 4094400; 592385, 4094380; County, California. 592009, 4095220; 591986, 4095240; 592406, 4094360; 592430, 4094320; From USGS 1:24,000 quadrangle map 591980, 4095270; 591970, 4095360; 592442, 4094310; 592460, 4094300; Soquel. Lands bounded by the following 591971, 4095360; 591973, 4095370; 592478, 4094290; 592491, 4094280; UTM zone 10, NAD83 coordinates (E, 591995, 4095390; 592012, 4095400; 592494, 4094210; 592495, 4094190; N): 590971, 4094630; 590995, 4094740; 592021, 4095410; 592031, 4095400; 592491, 4094180; 592478, 4094180; 591007, 4094780; 591037, 4094830; 592046, 4095390; 592050, 4095340. 592458, 4094180; 592452, 4094200; 591069, 4094860; 591095, 4094900; (ii) Unit G (Soquel north area). From 592442, 4094200; 592326, 4094210; 591125, 4094960; 591182, 4094940; USGS 1:24,000 quadrangle maps Soquel 592311, 4094210; 592224, 4094110; 591196, 4094940; 591199, 4094950; and Laurel. Lands bounded by the 592216, 4094110; 592204, 4094110; 591207, 4094980; 591216, 4095000; following UTM zone 10 NAD83 592165, 4094130; 592161, 4094140; 591225, 4095030; 591220, 4095050; coordinates (E, N). 592050, 4095340; 592126, 4094560; 592123, 4094590; 591225, 4095090; 591232, 4095130; 592094, 4095290; 592102, 4095240; 592117, 4094610; 592105, 4094630; 591241, 4095160; 591252, 4095180; 592112, 4095200; 592119, 4095200; 592087, 4094670; 592074, 4094690; 591265, 4095180; 591291, 4095170; 592130, 4095200; 592158, 4095210; 592057, 4094720; 592047, 4094730; 591321, 4095140; 591353, 4095050; 592173, 4095220; 592180, 4095230; 592036, 4094730; 592032, 4094720; 591393, 4094970; 591301, 4094960; 592193, 4095270; 592211, 4095320; 592036, 4094700; 592043, 4094680; 591293, 4094950; 591299, 4094910; 592218, 4095330; 592227, 4095330; 592047, 4094650; 592043, 4094610; 591300, 4094850; 591293, 4094810; 592257, 4095330; 592275, 4095330; 592036, 4094550; 592000, 4094420; 591275, 4094750; 591252, 4094660; 592299, 4095330; 592393, 4095340; 591994, 4094390; 591987, 4094380; 591224, 4094650; 591185, 4094630; 592404, 4095330; 592411, 4095220; 591973, 4094380; 591957, 4094380; 591097, 4094630; 590971, 4094630. 592423, 4095180; 592425, 4095140; 591944, 4094380; 591904, 4094420; (11) Unit G: Soquel Unit. Santa Cruz 592414, 4095130; 592381, 4095120; 591855, 4094440; 591853, 4094500; County, California. 592290, 4095120; 592177, 4095120; 591833, 4094500; 591696, 4094500; (i) Unit G (Soquel north subunit). 592165, 4095120; 592159, 4095120; 591696, 4094440; 591606, 4094490; From USGS 1:24,000 quadrangle maps 592149, 4095110; 592138, 4095100; 591597, 4094510; 591596, 4094520; Soquel and Laurel. Lands bounded by 592129, 4095090; 592116, 4095090; 591613, 4094650; 591617, 4094650; the following UTM zone 10, NAD83 592109, 4095100; 592041, 4095190; 591676, 4094660; 591718, 4094660; coordinates (E, N): 592050, 4095340; 592009, 4095220; 591986, 4095240; 591751, 4094660; 591759, 4094670; 592094, 4095290; 592102, 4095240; 591980, 4095270; 591970, 4095360; 591757, 4094680; 591749, 4094680; 592112, 4095200; 592119, 4095200; 591971, 4095360; 591973, 4095370; 591738, 4094690; 591704, 4094690; 592130, 4095200; 592158, 4095210; 591995, 4095390; 592012, 4095400; 591656, 4094710; 591651, 4094720; 592173, 4095220; 592180, 4095230; 592021, 4095410; 592031, 4095400; 591651, 4094730; 591657, 4094740; 592193, 4095270; 592211, 4095320; 592046, 4095390; 592050, 4095340. 591711, 4094750; 591720, 4094740; 592218, 4095330; 592227, 4095330; (iii) Unit G (Soquel south subunit). 591726, 4094730; 591736, 4094730; 592257, 4095330; 592275, 4095330; From USGS 1:24,000 quadrangle maps 591777, 4094730; 591790, 4094740; 592299, 4095330; 592393, 4095340; Soquel and Laurel. Lands bounded by 591797, 4094740; 591806, 4094750; 592404, 4095330; 592411, 4095220; the following UTM zone 10, NAD83 591819, 4094750; 591831, 4094750; 592423, 4095180; 592425, 4095140; coordinates (E, N): 592076, 4095040; 591845, 4094740; 591856, 4094740; 592414, 4095130; 592381, 4095120; 592097, 4094850; 592304, 4094860; 591935, 4094740; 591946, 4094880; 592290, 4095120; 592177, 4095120; 592315, 4094660; 592322, 4094620; 591956, 4094930; 591995, 4095060; 592165, 4095120; 592159, 4095120; 592334, 4094580; 592341, 4094510; 591998, 4095100; 592017, 4095090; 592149, 4095110; 592138, 4095100; 592347, 4094490; 592354, 4094480; 592059, 4095060; 592076, 4095040. 592129, 4095090; 592116, 4095090; 592375, 4094440; 592378, 4094430; (iv) Map 6 of Units F and G follows:

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(12) Unit H: Porter Gulch. Santa Cruz 4095340; 594843, 4095320; 594842, 4095470; 594606, 4095470; 594587, County, California. 4095290; 594839, 4095250; 594838, 4095460; 594571, 4095470; 594565, (i) From USGS 1:24,000 quadrangle 4095180; 594835, 4095150; 594828, 4095480; 594557, 4095480; 594549, maps Soquel and Laurel. Lands 4095130; 594816, 4095120; 594800, 4095480; 594530, 4095480; 594518, bounded by the following UTM zone 10, 4095120; 594785, 4095120; 594772, 4095470; 594514, 4095460; 594517, NAD83 coordinates (E, N): 594615, 4095130; 594765, 4095130; 594760, 4095440; 594509, 4095430; 594498, 4095600; 594643, 4095630; 594684, 4095140; 594758, 4095150; 594760, 4095430; 594473, 4095430; 594462, 4095640; 594774, 4095680; 594850, 4095170; 594766, 4095230; 594779, 4095430; 594453, 4095430; 594444, 4095720; 594898, 4095750; 594929, 4095310; 594819, 4095420; 594856, 4095420; 594442, 4095410; 594441, 4095780; 594958, 4095820; 595017, 4095500; 594867, 4095520; 594869, 4095390; 594436, 4095380; 594427, 4095780; 595008, 4095760; 594990, 4095380; 594415, 4095380; 594411, 4095720; 594993, 4095700; 595020, 4095540; 594863, 4095550; 594848, 4095390; 594394, 4095420; 594390, 4095680; 595057, 4095630; 595081, 4095560; 594837, 4095550; 594833, 4095610; 595068, 4095600; 595061, 4095540; 594828, 4095540; 594810, 4095440; 594390, 4095450; 594391, 4095590; 595045, 4095580; 595013, 4095500; 594776, 4095470; 594747, 4095470; 594410, 4095490; 594457, 4095550; 594989, 4095540; 594967, 4095440; 594718, 4095410; 594689, 4095530; 594502, 4095550; 594542, 4095530; 594929, 4095520; 594917, 4095370; 594669, 4095370; 594652, 4095560; 594597, 4095560; 594597, 4095520; 594907, 4095500; 594893, 4095370; 594639, 4095380; 594627, 4095600; 594615, 4095600. 4095470; 594857, 4095380; 594846, 4095380; 594622, 4095400; 594624, (ii) Map 7 of Unit H follows:

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(13) Unit I: Watsonville Unit. Santa 609006, 4085250; 609123, 4085020; 608027, 4086080; 607960, 4086030; Cruz County, California. 608761, 4084800; 608590, 4085160; 607945, 4086070; 607914, 4086180; (i) Unit I (Watsonville north subunit). 608651, 4085380; 608760, 4085450; 607889, 4086200; 607861, 4086220; From USGS 1:24,000 quadrangle map 608869, 4085480; 608941, 4085530; 607830, 4086260; 607799, 4086310; Watsonville West. Lands bounded by 608976, 4085570; 609032, 4085580; 607782, 4086380; 607764, 4086400; the following UTM zone 10, NAD83 609040, 4085630; 608979, 4085640; 607738, 4086400; 607715, 4086390; coordinates (E, N): 606195, 4088630; 608931, 4085660; 608920, 4085700; 607705, 4086370; 607705, 4086350; 606299, 4088730; 606331, 4088750; 608928, 4085730; 608957, 4085760; 607713, 4086320; 607741, 4086240; 606365, 4088760; 606454, 4088750; 608995, 4085780; 609032, 4085780. 607771, 4086180; 607825, 4086100; 606492, 4088750; 606515, 4088750; (iv) Unit I (Highway 1 north subunit). 607863, 4086050; 607891, 4085970; 606535, 4088760; 606555, 4088800; From USGS 1:24,000 quadrangle map 607999, 4085770; 608023, 4085720; 606560, 4088840; 606580, 4088880; Watsonville West. Lands bounded by 608026, 4085670; 608026, 4085630; 606607, 4088890; 606660, 4088900; the following UTM zone 10, NAD83 608016, 4085590; 607990, 4085560; 606927, 4088910; 606938, 4088530; coordinates (E, N): 607333, 4087090; 607945, 4085560; 607911, 4085550; 606930, 4088220; 606810, 4088090; 607348, 4087150; 607389, 4087150; 607871, 4085500; 607932, 4085480; 606689, 4087970; 606652, 4088040; 607449, 4087090; 607498, 4087060; 607985, 4085460; 608013, 4085440; 606596, 4088110; 606522, 4088170; 607570, 4087060; 607570, 4086940; 608016, 4085410; 608006, 4085380; 606490, 4088210; 606437, 4088250; 607558, 4086930; 607333, 4087090. 607995, 4085350; 608006, 4085310; 606362, 4088300; 606303, 4088340; (v) Unit I (Highway 1 south subunit). 608054, 4085240; 608087, 4085210; 606274, 4088370; 606263, 4088390; From USGS 1:24,000 quadrangle map 608107, 4085160; 608143, 4085110; 606252, 4088430; 606234, 4088450; Watsonville West. Lands bounded by 608184, 4085090; 608219, 4085060; 606219, 4088480; 606215, 4088520; the following UTM zone 10, NAD83 608233, 4085030; 608237, 4084990; 606199, 4088590; 606195, 4088630. coordinates (E, N): 607819, 4086590; 608186, 4084950; 608118, 4084660; (ii) Unit I (Airport subunit). From 607892, 4086560; 607893, 4086520; 607891, 4084590; 607817, 4084540; USGS 1:24,000 quadrangle map 607900, 4086500; 607920, 4086470; 607733, 4084490; 607718, 4084490; Watsonville West. Lands bounded by 607931, 4086440; 607946, 4086410; 607703, 4084510; 607705, 4084540; the following UTM zone 10, NAD83 607978, 4086370; 608003, 4086320; 607708, 4084590; 607708, 4084640; coordinates (E, N): 607026, 4087500; 608031, 4086280; 608057, 4086260; 607703, 4084680; 607659, 4084750; 606967, 4087520; 607005, 4087620; 608029, 4086240; 608063, 4086190; 607643, 4084810; 607647, 4084850; 607031, 4087670; 607046, 4087710; 608101, 4086160; 608138, 4086130; 607672, 4084900; 607715, 4084960; 607073, 4087750; 607095, 4087820; 608069, 4086100; 607819, 4086590. 607746, 4084980; 607777, 4084990; 607136, 4087830; 607137, 4087860; (vi) Unit I (Harkins Slough subunit). 607821, 4085040; 607812, 4085100; 607146, 4087980; 607140, 4088020; From USGS 1:24,000 quadrangle map 607937, 4085270; 607886, 4085330; 607145, 4088050; 607158, 4088060; Watsonville West. Lands bounded by 607769, 4085220; 607709, 4085150; 607202, 4088060; 607247, 4088050; the following UTM zone 10, NAD83 607649, 4085150; 607619, 4085130; 607252, 4088090; 607292, 4088090; coordinates (E, N): 606736, 4084900; 607642, 4085070; 607644, 4085050; 607378, 4088100; 607383, 4088250; 606721, 4084900; 606703, 4084900; 607639, 4085020; 607562, 4084870; 607306, 4088240; 607226, 4088240; 606698, 4084920; 606703, 4084940; 607547, 4084850; 607527, 4084850; 607201, 4088250; 607184, 4088270; 606709, 4084960; 606710, 4085000; 607499, 4084850; 607474, 4084850; 607159, 4088300; 607147, 4088310; 606715, 4085030; 606715, 4085050; 607385, 4084990; 607313, 4085120; 607147, 4088340; 607158, 4088380; 606715, 4085080; 606707, 4085090; 607306, 4085190; 607301, 4085230; 607195, 4088470; 607203, 4088510; 606698, 4085100; 606678, 4085110; 607313, 4085260; 607359, 4085370; 607212, 4088560; 607222, 4088620; 606661, 4085140; 606634, 4085230; 607405, 4085500; 607407, 4085550; 607226, 4088650; 607227, 4088710; 606632, 4085260; 606635, 4085290; 607397, 4085580; 607341, 4085640; 607240, 4088750; 607241, 4088780; 606651, 4085310; 606667, 4085370; 607242, 4085780; 607199, 4085760; 607236, 4088820; 607246, 4088840; 606677, 4085390; 606695, 4085410; 607186, 4085730; 607196, 4085690; 607340, 4088840; 607846, 4088860; 606713, 4085420; 606695, 4085510; 607293, 4085520; 607308, 4085490; 607947, 4089000; 608079, 4089030; 606701, 4085540; 606721, 4085550; 607311, 4085460; 607295, 4085370; 608191, 4088860; 608477, 4088700; 606733, 4085580; 606742, 4085610; 607241, 4085250; 607232, 4085220; 608460, 4088620; 608641, 4088590; 606745, 4085650; 606756, 4085690; 607232, 4085190; 607242, 4085100; 608652, 4088610; 608746, 4088570; 606773, 4085710; 606759, 4085800; 607269, 4085010; 607303, 4084920; 608602, 4088450; 607932, 4088550; 606744, 4085830; 606736, 4085870; 607375, 4084780; 607484, 4084640; 607689, 4088150; 607267, 4087440; 606725, 4085930; 606729, 4085960; 607545, 4084530; 607586, 4084420; 607312, 4087430; 607297, 4087340; 606741, 4085990; 606761, 4086020; 607028, 4083920; 607011, 4083950; 607239, 4087340; 607201, 4087350; 606756, 4086050; 606735, 4086090; 607058, 4084120; 607036, 4084150; 607181, 4087320; 607148, 4087320; 606715, 4086130; 606704, 4086180; 606990, 4084230; 606906, 4084180; 607031, 4087350; 606969, 4087370; 606689, 4086350; 606690, 4086390; 606797, 4084220; 606768, 4084240; 607026, 4087500. 606696, 4086440; 606715, 4086490; 606753, 4084300; 606753, 4084330; (iii) Unit I (Watsonville south 606746, 4086540; 606762, 4086620; 606758, 4084360; 606765, 4084380; subunit). From USGS 1:24,000 606767, 4086650; 606766, 4086700; 606774, 4084410; 606791, 4084480; quadrangle map Watsonville West. 606762, 4086780; 606786, 4086810; 606759, 4084610; 606696, 4084670; Lands bounded by the following UTM 606896, 4086850; 606923, 4086940; 606680, 4084680; 606672, 4084700; zone 10, NAD83 coordinates (E, N): 607053, 4086940; 607125, 4087120; 606667, 4084720; 606684, 4084760; 609032, 4085780; 609074, 4085770; 607085, 4087130; 607002, 4087200; 606698, 4084770; 606712, 4084780; 609198, 4085730; 609153, 4085610; 606976, 4087250; 606968, 4087280; 606736, 4084810; 606756, 4084840; 609208, 4085430; 609333, 4085390; 607157, 4087140; 607286, 4087040; 606770, 4084860; 606758, 4084890; 609504, 4085250; 609242, 4085080; 607497, 4086890; 607591, 4086820; 606736, 4084900. 609191, 4085230; 609164, 4085310; 607719, 4086630; 607746, 4086620; (vii) Map 8 of Unit I follows:

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(14) Unit J: Casserly. Santa Cruz 611806, 4094450; 611867, 4094430; 612269, 4092760; 612242, 4092710; County, California. 612002, 4094360; 612045, 4094320; 612214, 4092690; 612167, 4092710; (i) From USGS 1:24,000 quadrangle 612071, 4094280; 612100, 4094230; 612109, 4092760; 612022, 4092810; maps Loma Prieta, Mt. Madona, 612136, 4094160; 612158, 4094130; 612003, 4092850; 612002, 4092880; Watsonville East, and Watsonville West. 612214, 4094100; 612248, 4094090; 612023, 4092900; 612065, 4092900; Lands bounded by the following UTM 612354, 4094010; 612393, 4094000; 612111, 4092920; 612145, 4092970; zone 10, NAD83 coordinates (E, N): 612433, 4093990; 612493, 4094000; 612159, 4092990; 612183, 4092990; 610201, 4094760; 610253, 4094770; 612575, 4094010; 612678, 4094000; 612212, 4092980; 612227, 4092960; 610315, 4094760; 610340, 4094730; 612764, 4093980; 612836, 4093950; 612259, 4092950; 612312, 4092970; 610351, 4094720; 610366, 4094730; 612974, 4093850; 613106, 4093720; 612336, 4093010; 612323, 4093080; 610368, 4094750; 610363, 4094780; 613136, 4093690; 613169, 4093670; 612339, 4093130; 612369, 4093180; 610346, 4094860; 610330, 4094910; 613269, 4093640; 613373, 4093620; 612390, 4093200; 612383, 4093220; 610300, 4094980; 610231, 4095070; 613483, 4093620; 613505, 4093590; 612353, 4093240; 612307, 4093250; 610143, 4095150; 610117, 4095190; 613499, 4093570; 613482, 4093550; 612235, 4093250; 612181, 4093280; 610107, 4095220; 610111, 4095230; 613451, 4093520; 613409, 4093480; 612123, 4093320; 612011, 4093360; 610169, 4095280; 610196, 4095290; 613386, 4093440; 613380, 4093410; 612028, 4093410; 612061, 4093490; 610217, 4095330; 610236, 4095340; 613391, 4093380; 613409, 4093380; 612043, 4093600; 612069, 4093670; 610262, 4095340; 610289, 4095330; 613441, 4093380; 613522, 4093420; 611870, 4093750; 611832, 4093680; 610366, 4095260; 610399, 4095240; 613553, 4093430; 613596, 4093430; 611760, 4093640; 611676, 4093620; 610412, 4095240; 610428, 4095240; 613625, 4093410; 613641, 4093360; 611667, 4093570; 611636, 4093530; 610453, 4095240; 610471, 4095210; 613631, 4093320; 613615, 4093290; 611587, 4093520; 611584, 4093430; 610499, 4095190; 610524, 4095200; 613563, 4093250; 613496, 4093210; 611398, 4093410; 611395, 4093160; 610548, 4095210; 610563, 4095200; 613479, 4093190; 613480, 4093170; 611331, 4093110; 611251, 4093060; 610577, 4095170; 610599, 4095160; 613542, 4093120; 613617, 4093090; 610986, 4093130; 610818, 4093180; 610619, 4095170; 610630, 4095180; 613699, 4093090; 613732, 4093080; 610752, 4093240; 610709, 4093270; 610659, 4095190; 610678, 4095200; 613772, 4093050; 613790, 4093020; 610662, 4093270; 610498, 4093240; 610695, 4095220; 610702, 4095240; 613855, 4092900; 613866, 4092870; 610429, 4093250; 610382, 4093310; 610711, 4095250; 610730, 4095240; 613909, 4092860; 613918, 4092810; 610351, 4093370; 610333, 4093410; 610750, 4095240; 610789, 4095230; 613905, 4092770; 613871, 4092710; 610109, 4093470; 610090, 4093520; 610783, 4095210; 610777, 4095180; 613783, 4092690; 613730, 4092670; 610066, 4093570; 610046, 4093640; 610768, 4095150; 610761, 4095120; 613661, 4092630; 613624, 4092650; 610050, 4093710; 610070, 4093790; 610763, 4095090; 610779, 4095070; 613555, 4092700; 613496, 4092640; 610114, 4093830; 610182, 4093840; 610809, 4095070; 610832, 4095070; 613468, 4092650; 613409, 4092710; 610443, 4093800; 610465, 4093800; 610851, 4095080; 610872, 4095070; 613316, 4092620; 613285, 4092580; 610477, 4093820; 610483, 4093860; 610880, 4095050; 610878, 4095010; 613240, 4092560; 613167, 4092570; 610489, 4093950; 610489, 4093980; 610879, 4094990; 610881, 4094980; 613101, 4092530; 613023, 4092520; 610467, 4094020; 610456, 4094100; 610911, 4094930; 610924, 4094910; 612958, 4092450; 612847, 4092450; 610442, 4094120; 610426, 4094130; 610946, 4094890; 610964, 4094890; 612846, 4092620; 612576, 4092620; 610385, 4094150; 610296, 4094180; 610982, 4094890; 611082, 4094950; 612538, 4092680; 612564, 4092770; 610278, 4094190; 610255, 4094210; 611126, 4094960; 611161, 4094970; 612630, 4092830; 612631, 4092890; 610220, 4094250; 610188, 4094290; 611190, 4094970; 611213, 4094950; 612676, 4092950; 612688, 4093020; 610152, 4094330; 610121, 4094380; 611216, 4094930; 611211, 4094870; 612680, 4093040; 612651, 4093040; 610115, 4094410; 610110, 4094460; 611210, 4094830; 611226, 4094710; 612603, 4093000; 612561, 4092980; 610121, 4094590; 610133, 4094680; 611217, 4094510; 611258, 4094460; 612529, 4092970; 612490, 4092980; 610140, 4094710; 610154, 4094730; 611358, 4094440; 611566, 4094440; 612464, 4093000; 612439, 4093000; 610175, 4094750; 610201, 4094760. 611639, 4094440; 611754, 4094460; 612409, 4092950; 612333, 4092870; (ii) Map 9 of Unit J follows:

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(15) Unit K: Elkhorn. Santa Cruz 611788, 4082180; 611796, 4082190; 612469, 4081640; 612473, 4081600; County, California. 611834, 4082200; 611862, 4082190; 612504, 4081490; 612509, 4081400; (i) From USGS 1:24,000 quadrangle 611875, 4082170; 611885, 4082140; 612518, 4081210; 612520, 4081080; maps Watsonville East, Prunedale. 611902, 4082110; 611916, 4082100; 612504, 4081040; 612475, 4081010; Lands bounded by the following UTM 611967, 4082090; 612005, 4082090; 612428, 4080960; 612393, 4080940; zone 10, NAD83 coordinates (E, N): 612065, 4082080; 612155, 4082060; 612333, 4080880; 612255, 4080790; 611931, 4081300; 611930, 4081420; 612210, 4082080; 612247, 4082100; 612142, 4080860; 612070, 4080930; 611939, 4081530; 611956, 4081610; 612283, 4082110; 612348, 4082090; 612001, 4081020; 611957, 4081120; 611983, 4081680; 611981, 4081740; 612423, 4082080; 612481, 4082050; 611940, 4081200; 611931, 4081300. 611956, 4081790; 611918, 4081860; 612501, 4082000; 612519, 4081910; 611877, 4081940; 611839, 4082020; 612517, 4081840; 612517, 4081750; (ii) Map 10 of Unit K follows: 611806, 4082090; 611787, 4082150; 612499, 4081720; 612478, 4081690;

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* * * * * Dated: September 30, 2002. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02–25370 Filed 10–15–02; 8:45 am] BILLING CODE 4310–55–C

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