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Federal Register/Vol. 72, No. 187/Thursday, September 27 54984 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Jim of F. mexicanum in Little Cedar Canyon, Bartel, Field Supervisor, Carlsbad Fish and is not within the area designated as Fish and Wildlife Service and Wildlife Office (see ADDRESSES); critical habitat. Approximately 500 F. telephone 760–431–9440; facsimile mexicanum were documented at this 50 CFR Part 17 760–431–5901. If you use a rediscovered occurrence (Snapp-Cook RIN 1018–AU77 telecommunications device for the deaf 2007, p. 1). The significance of this (TDD), call the Federal Information occurrence and its impact on designated Endangered and Threatened Wildlife Relay Service (FIRS) at 800–877–8339. critical habitat will need to be further and Plants; Designation of Critical evaluated by the Service. Appropriate SUPPLEMENTARY INFORMATION: Habitat for Ceanothus ophiochilus action, if any, will be addressed in a (Vail Lake ceanothus) and Background future rulemaking. For a detailed Fremontodendron mexicanum discussion of the distribution of F. It is our intent to discuss only those (Mexican flannelbush) mexicanum and Ceanothus ophiochilus topics directly relevant to the documented prior to this final AGENCY: designation of critical habitat in this Fish and Wildlife Service, designation, please refer to the proposed Interior. final rule. For more information on critical habitat designation published in Ceanothus ophiochilus and ACTION: Final rule. the Federal Register on October 3, 2006 Fremontodendron mexicanum, refer to (71 FR 58340). SUMMARY: We, the U.S. Fish and the final listing rule published in the Wildlife Service (Service), are Federal Register on October 13, 1998 Previous Federal Actions designating critical habitat for (63 FR 54956), or the proposed critical On August 10, 2004, the Center for Ceanothus ophiochilus (Vail Lake habitat rule published in the Federal Biological Diversity and California ceanothus) and Fremontodendron Register on October 3, 2006 (71 FR Native Plant Society challenged our mexicanum (Mexican flannelbush) 58340). under the Endangered Species Act of failure to designate critical habitat for 1973, as amended (Act). In total, Species Descriptions and Life History these two species as well as three other approximately 431 acres (ac) (175 No new information pertaining to the plant species (Center for Biological hectares (ha)) of federally-owned land descriptions or life histories of these Diversity, et al. v. Gale Norton, fall within the boundaries of the critical species was received following the 2006 Secretary of the Department of the habitat designation for these two proposed designation of critical habitat Interior, et al., C–04–3240 JL, N. D. Cal.). species. Approximately 203 ac (82 ha) of for each species; therefore, please refer In a Settlement Agreement dated land in Riverside County, California, are to the proposed critical habitat December 21, 2004, we agreed to submit being designated as critical habitat for C. designation published in the Federal for publication in the Federal Register ophiochilus, and approximately 228 ac Register on October 3, 2006 (71 FR a proposed designation of critical (93 ha) of land in San Diego County, 58340) for a discussion of the species habitat, if prudent and determinable, on California, are being designated as description and life history for these or before September 20, 2006, and a critical habitat for F. mexicanum. Of the two species. final determination by September 20, approximately 283 ac (115 ha) proposed 2007. As part of the 2006 proposed for designation for C. ophiochilus, Ecology and Habitat designation we determined that it was approximately 80 ac (33 ha) of privately- No new information pertaining to the prudent to designate critical habitat for owned land covered by the Western ecology or habitat of these two species each of these two species. The Riverside County Multiple Species was received following the 2006 combined proposed critical habitat Habitat Conservation Plan (MSHCP) proposed designation of critical habitat designation for both species was signed have been excluded from critical habitat for each species. Therefore, please refer on September 18, 2006, and published for C. ophiochilus under section 4(b)(2) to the proposed critical habitat in the Federal Register on October 3, of the Act. Of the approximately 361 ac designation published in the Federal 2006 (71 FR 58340). This final rule (147 ha) proposed for designation for F. Register on October 3, 2006 (71 FR completes the Service’s obligations mexicanum, approximately 133 ac (54 58340), for a discussion of the ecology regarding these species under the ha) of privately-owned land covered by and habitat for these two species. December 21, 2004, settlement the San Diego Multiple Species agreement. Conservation Plan (MSCP) have been Distribution A draft economic analysis (DEA) for excluded from critical habitat for F. In 2007, an occurrence of the proposed designation was mexicanum under section 4(b)(2) of the Fremontodendron mexicanum was completed on March 2, 2007, and a Act. documented at the historical notice of availability for this DEA was DATES: This rule becomes effective on ‘‘Woodwardia Canyon’’ occurrence on published in the Federal Register on October 29, 2007. Otay Mountain, which was last April 5, 2007 (72 FR 16756). Publication ADDRESSES: Comments and materials documented in 1936 (Snapp-Cook 2007, of the notice of availability opened a received, as well as supporting p. 1). Prior to the rediscovery of this public comment period for the draft documentation used in the preparation occurrence, the exact location of economic analysis of the proposed of this final rule, will be available for ‘‘Woodwardia Canyon’’ was difficult to designation as well as the proposed public inspection, by appointment, discern from existing records. There designation from April 5, 2007, to May during normal business hours, at the were no maps of ‘‘Woodwardia Canyon’’ 7, 2007. Please refer to the ‘‘Previous U.S. Fish and Wildlife Service, Carlsbad and the California Natural Diversity Federal Actions’’ section of the Fish and Wildlife Office, 6010 Hidden Database (CNDDB) cited ‘‘Woodwardia proposed critical habitat rule for Valley Road, Carlsbad, CA 92011 Canyon’’ in two separate areas (CNDDB Ceanothus ophiochilus and (telephone 760–431–9440). The final 2005, p. 1 and p. 3). The rediscovered Fremontodendron mexicanum, which rule, economic analysis, and maps will occurrence is located on Otay Mountain published in the Federal Register on also be available via the Internet at 0.3 miles (mi) (0.5 kilometers (km)) to October 3, 2006 (71 FR 58340) for a http://www.fws.gov/carlsbad/. the southwest of the known occurrence discussion of additional Federal actions VerDate Aug<31>2005 18:26 Sep 26, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27SER2.SGM 27SER2 mstockstill on PROD1PC66 with RULES2 Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations 54985 that occurred prior to the designation of reviewer indicated that the 1977 likelihood of further introgressive critical habitat for each species. Jennings Geologic Maps do not indicate hybridization within the new cohort of any metavolcanic substrate, only gabbro C. ophiochilus. This contrasts with the Summary of Comments and substrate in the vicinity of species populations near Vail Lake where the Recommendations occurrences. natural distance to C. crassifolius We requested written comments from Response: We reviewed the soils populations is greater and there has not the public on the proposed designation information for this species. Geological been disturbance within the population. of critical habitat for Ceanothus maps that are more recent than the 1977 These factors lead to the conclusion ophiochilus and Fremontodendron Jennings Geologic Maps are available. that the population at Vail Lake has a mexicanum in the proposed rule that These maps indicate that the area much better chance of keeping the pure published on October 3, 2006 (71 FR around Vail Lake and in the Agua Tibia form of C. ophiochilus intact and lower 58340), and in the notice of availability Wilderness, where Ceanothus the risk caused by hybridization. of the DEA published on April 5, 2007 ophiochilus is found, consists of Response: We agree with the peer (72 FR 16756). We also contacted metavolcanic, metasedimentary, and reviewer’s comments on the potential appropriate Federal, State, and local Gabbro substrates (Kennedy et al. 2000, problems associated with hybridization, agencies; scientific organizations; and p. 1; and Kennedy and Mertz 2003, p. and we have made the appropriate other interested parties and invited 1). changes to this final rule to clarify that them to comment on the proposed rule 2. Comment: One peer reviewer stated hybridization is a threat to this species and the DEA. that the Ceanothus ophiochilus (please see the ‘‘Primary Constituent During the comment period that population in Subunit 1A near Vail Elements’’ section for Ceanothus opened on October 3, 2006, and closed Lake is important to the preservation of ophiochilus). However, we disagree on December 4, 2006, we received three the genetic purity of this species and with the peer reviewer’s comment that comments directly addressing the should not be excluded from critical Subunit 1A for C. ophiochilus should proposed critical habitat designation: habitat because the Western Riverside
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