Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules 10419
of 1992. According to SBA’s definition, requirements and the additional for smaller providers that may have a small combination utility is a firm burdens that would be imposed by more limited resources. whose gross revenues did not exceed detailed reporting requirements. VI. Federal Rules That May Duplicate, five million dollars in 1992. The Census I. Steps Taken To Minimize Significant Overlap, or Conflict With the Proposed Bureau reported that 63 of the 79 firms Economic Impact on Small Entities, and Rules listed had total revenues below five million dollars. Significant Alternatives Considered 49. None. IV. Description of Proposed Reporting, 47. The RFA requires an agency to VII. Federal Rules That May Duplicate, Recordkeeping, and Other Compliance describe any significant alternatives that Overlap, or Conflict With the Proposed Requirements it has considered in reaching its Rule proposed approach, which may include 50. None. 46. The Notice sets out in detail, and the following four alternatives: (1) The seeks comment on, various proposals to establishment of differing compliance or Ordering Clauses modify the Commission’s existing Local reporting requirements or timetables Competition and Broadband reporting 51. Pursuant to sections 1–5, 10, 11, that take into account the resources 201–205, 215, 218–220, 251–271, 303(r), program. Pursuant to the current available to small entities; (2) the reporting program, certain providers of 332, 403, 502, and 503 of the clarification, consolidation, or Communications Act of 1934, as broadband services and of local simplification of compliance or telephone services must complete FCC amended, 47 U.S.C. 151–155, 160, 161, reporting requirements under the rule 201–205, 215, 218–220, 251–271, 303(r), Form 477, which collects data on their for small entities; (3) the use of deployment of those services. Since the 332, 403, 502, and 503, and pursuant to performance, rather than design, section 706 of the Telecommunications adoption of the reporting program, standards; and (4) an exemption from providers have reported data twice and Act of 1996, 47 U.S.C. 157 nt, this coverage of the rule, or any part thereof, [notice], with all attachments, is hereby the Commission has issued its Second for small entities. Report on Advanced [adopted]. Telecommunications Capability based 48. As mentioned previously, the 52. The Commission’s Consumer in significant part on the data collected Notice seeks comment, in light of our Information Bureau, Reference through this program. Thus, the Notice experiences since the adoption of the Information Center, shall send a copy of seeks comment, in light of these reporting program, on ways that we this Second Notice of Proposed experiences, on ways that the might improve this data gathering effort. Rulemaking, including the Initial Commission might improve this data The Notice asks whether there is Regulatory Flexibility Analysis, to the gathering effort. The Notice asks additional data that would enhance the Chief Counsel for Advocacy of the Small whether certain measures to gain Commission’s ability to understand the Business Administration in accordance additional data might assist the status and degree of broadband and with paragraph 603(a) of the Regulatory Commission in its efforts to understand local telephone service deployment. At Flexibility Act, 5 U.S.C. 601 et seq. the degree and status of deployment of the same time, the Notice asks whether (1981). it is possible to eliminate any broadband services, without imposing List of Subjects an undue burden on reporting unnecessary or unduly burdensome providers. For example, the Notice seeks aspects of the reporting program. This 47 CFR Parts 1 and 43 comment on possible revisions to FCC proposal would reduce burdens on all Communications common carriers, Form 477 that might more precisely respondents, including any small Reporting and recordkeeping capture distinctions between the entities that must report under the requirements, Telecommunications, deployment of broadband services to program. Among the alternatives Telephone. residential and business users. considered in the Notice that might Similarly, the Notice seeks comment on affect small entities is a proposal by 47 CFR Part 20 whether we should revise the form so Iowa Telecom seeking to create an Communications common carriers. exemption for ‘‘mid-size LECs * * * that providers report the actual Federal Communications Commission. which serve primarily rural subscribership by zip code, in lieu of Shirley Suggs, the current requirement that providers communities.’’ Small entities are Chief, Publications Branch. report a list of zip codes where specifically encouraged to comment on broadband service is being delivered. such an exemption. The Notice seeks [FR Doc. 01–3787 Filed 2–14–01; 8:45 am] Further, the Notice asks whether it is comment on whether the burdens BILLING CODE 6712–01–U possible to eliminate any unnecessary or imposed on smaller providers by our unduly burdensome aspects of the reporting requirements outweigh the reporting program. In addition to benefits of these requirements. At the DEPARTMENT OF THE INTERIOR seeking comment on the types of data to same time, the Commission also asks Fish and Wildlife Service be reported, the Notice seeks comment whether access to more complete on whether to adjust the current information about broadband 50 CFR Part 17 reporting thresholds, whether the subscribership in rural areas—areas that Commission should alter its are often served by smaller telephone RIN 1018–AH83 confidentiality procedures for data and cable companies—might enable us collected, whether it would be to better fulfill the congressional Endangered and Threatened Wildlife appropriate to alter the frequency of directive to assess the state of and Plants; Proposed Designation of filing, and whether there are additional deployment of broadband services to all Critical Habitat for Chorizanthe robusta steps that the Commission might take to Americans. The Notice expressly states var. robusta (Robust Spineflower) promote additional analyses of the data. the Commission’s desire and intention AGENCY: Fish and Wildlife Service, The Notice asks commenters to to work closely with service providers, Interior. document, insofar as possible, the including small entities, to minimize ACTION: Proposed rule. burdens that are imposed by our current burdens wherever possible, particularly
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SUMMARY: We, the U.S. Fish and Background least 6 species of butterflies, flies, and Wildlife Service (Service), propose to Chorizanthe robusta var. robusta, also sphecid wasps (Randy Morgan, designate critical habitat pursuant to the known as robust spineflower and Aptos biologist, Soquel, California, pers. Endangered Species Act of 1973, as spineflower, is endemic to sandy soils comm. 2000). Each flower produces one amended (Act), for Chorizanthe robusta in coastal areas in southern Santa Cruz seed; depending on the vigor of the var. robusta (robust spineflower). and northern Monterey Counties. In individual plant, dozens, if not hundred Approximately 660 hectares (1,635 California, the spineflower genus of seeds could be produced. The acres) of land fall within the boundaries (Chorizanthe) in the buckwheat family importance of pollinator activity in seed of the proposed critical habitat (Polygonaceae) comprises species of set has been demonstrated by the designation. Proposed critical habitat is wiry annual herbs that inhabit dry production of seed with low viability located in Santa Cruz County, sandy soils, both along the coast and where pollinator access was limited California. inland. Because of the patchy and (Harding Lawson Associates 2000). Seed is collectable through August. The Critical habitat receives protection limited distribution of such soils, many plants turn a rusty hue as they dry from destruction or adverse species of Chorizanthe tend to be highly through the summer months, eventually modification through required localized in their distribution. consultation under section 7 of the Act Like other spineflowers, Chorizanthe shattering during the fall. Seed dispersal with regard to actions carried out, robusta var. robusta is branched from is facilitated by the involucral spines, funded, or authorized by a Federal the base and subtended by a rosette of which attach the seed to passing agency. Section 4 of the Act requires us basal leaves. The overall appearance of animals. While animal vectors most likely facilitate dispersal between to consider economic and other relevant C. r. var. robusta is that of a low- colonies and populations, the prevailing impacts when specifying any particular growing herb that is soft-hairy and coastal winds undoubtedly play a part area as critical habitat. grayish or reddish in color. The plant in scattering seed within colonies and We solicit data and comments from has an erect to spreading or prostrate populations. the public on all aspects of this habit, with large individuals reaching 50 The locations where Chorizanthe proposal, including data on economic centimeters (cm) (20 inches (in.)) or robusta var. robusta occurs are subject and other impacts of the designation more in diameter. This taxon is to a mild maritime climate, where fog and our approaches for handling any distinguished by white (rarely pinkish) helps keep summer temperatures cool future habitat conservation plans. We scarious (translucent) margins on the and winter temperatures relatively may revise this proposal to incorporate lobes of the involucre (circle or warm, and provides moisture in or address new information received collection of modified leaves addition to the normal winter rains. during the comment period. surrounding a flower cluster) or head Chorizanthe robusta var. robusta is DATES: We will accept comments until that subtend the white- to rose-colored currently known from a total of seven April 16, 2001. Public hearing requests flowers. The aggregate of flowers (heads) sites. Two sites are located on active must be received by April 2, 2001. tend to be 1.5 to 2.0 cm (0.6 to 0.8 in.) coastal dunes, while the other five sites across in diameter and distinctly are located inland from the immediate ADDRESSES: If you wish to comment, aggregate. Chorizanthe robusta var. you may submit your comments and coast in sandy openings within scrub, robusta is one of two varieties of the maritime chaparral, or oak woodland materials concerning this proposal by species Chorizanthe robusta. The other any one of several methods: habitats. All of these habitat types variety (Chorizanthe robusta var. include microhabitat characteristics that You may submit written comments hartwegii), known as Scotts Valley are favored by C. r. var. robusta. First, and information to the Field Supervisor, spineflower, is restricted to the Scotts all sites are on sandy soils; whether the Ventura Fish and Wildlife Office, U.S. Valley area in the Santa Cruz origin of the soils are from active dunes Fish and Wildlife Service, 2493, Portola Mountains. The range of Chorizanthe or interior fossil dunes is apparently Road, Suite B, Ventura, California robusta var. robusta partially overlaps unimportant. Second, these sites are 93003. with Chorizanthe pungens var. pungens relatively open and free of other You may also send comments by (Monterey spineflower), another closely vegetation; sandy soils tend to be electronic mail (e-mail) to related taxon in the Pungentes section of nutrient-poor, which limits the [email protected]. See the Public the genus, in southern Santa Cruz abundance of other herbaceous species Comments Solicited section below for County. Chorizanthe pungens var. that can grow on them. However, if file format and other information about pungens is a threatened species and these soils have been enriched, either electronic filing. Chorizanthe robusta var. robusta is an through the accumulation of organic You may hand-deliver comments to endangered species; for a detailed matter or importation of other soils, our Ventura Fish and Wildlife Office, description of these related taxa, see the these sandy soils may support more U.S. Fish and Wildlife Service, 2493 Draft Recovery Plan for the Robust abundant herbaceous vegetation which Portola Road, Suite B, Ventura, Spineflower (Service 2000) and may then compete with C. r. var. California 93003. references within this plan. We are robusta. Management of the herb cover, Comments and materials received will proposing critical habitat for either through grazing, mowing or fire, be available for public inspection, by Chorizanthe pungens var. pungens and may allow the spineflower to persist. In appointment, during normal business Chorizanthe robusta var. hartwegii scrub and chaparral communities, C. r. hours at the above address. separately but concurrently with this var. robusta does not occur under dense proposal. stands, but will occur between more FOR FURTHER INFORMATION CONTACT: Chorizanthe robusta var. robusta is a widely spaced shrubs. Connie Rutherford, Ventura Fish and short-lived annual species. It germinates According to information included in Wildlife Office, U.S. Fish and Wildlife during the winter months and flowers the California Natural Diversity Data Service, 2493 Portola Road, Suite B, from April through June; although Base (CNDDB), Chorizanthe robusta var. Ventura, California 93003 (telephone pollination ecology has not been studied robusta once ranged from Alameda 805/644–1766; facsimile 805/644–3958). for this taxon, pollinators observed County, on the eastern side of San SUPPLEMENTARY INFORMATION: include leaf cutter bees (megachilids), at Francisco Bay, south to northern
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Monterey County—a range of 160 At the Buena Vista site, C. r. var. robusta that the petition presented substantial kilometers (100 miles). The identity of occurs on sandy soils in openings information indicating that the the Alameda collections, however, is within oak forest and maritime requested action may be warranted (55 still unresolved; Reveal and Hardham chaparral (S. Baron, in litt. 1999b). The FR 46080), we initiated a status review (1989) noted that these collections may Buena Vista site also supports the of this taxon. During that time we also be more closely related to other endangered Santa Cruz long-toed reviewed the status of Chorizanthe spineflowers in the Pungentes section of salamander (Ambystoma californiense). robusta var. robusta. We proposed the genus, but that resolution is unlikely At Sunset State Beach, Chorizanthe endangered status for the C. r. var. since the Alameda population was last robusta var. robusta is found at the base robusta on October 24, 1991 (56 FR collected in 1948. Other historic of backdunes in openings of coastal 55107). The final rule, published on collections were made from Colma in scrub, including Eriophyllum February 4, 1994, (59 FR 5499) listed C. San Mateo County, Los Gatos and San staechadifolium (seaside woolly robusta, inclusive of var. robusta and Jose in Santa Clara County, and several sunflower), Artemisia pycnocephala var. hartwegii, as endangered. locations in Santa Cruz and Monterey (coastal sagewort), Ericameria ericoides Section 4(a)(3) of the Act, as counties. (mock heather), and Baccharis pilularis amended, and implementing regulations Other collections of putative (coyote bush) (CNDDB 2000). (50 CFR 424.12) require that, to the Chorizanthe robusta var. robusta have Chorizanthe pungens var. pungens maximum extent prudent and been made from northern Monterey grows in a band parallel to the C. r. var. determinable, the Secretary designate County and from one location near robusta, in the foredunes along the critical habitat at the time the species is Soledad. Barbara Ertter (1990, in litt. beach (CNDDB 2000). In 1992, a determined to be endangered or 1997) has suggested that these population of C. r. var. robusta was threatened. Our regulations (50 CFR collections may form a separate discovered on the coastal dunes 424.12(a)(1)) state that designation of morphological ‘‘phase,’’ whose ultimate between Marina and Seaside, in the critical habitat is not prudent when one taxonomic affinities lay either with course of surveys performed in or both of the following situations exist: Chorizanthe pungens var. pungens or preparation for the transfer of (1) The species is threatened by taking Chorizanthe robusta var. robusta. For Department of Defense lands formerly or other human activity, and purposes of this rule, these collections known as Fort Ord to the California identification of critical habitat can be are recognized as belonging to C. r. var. Department of Parks and Recreation; expected to increase the degree of threat robusta. this same stretch of dunes also supports to the species, or (2) such designation of The current distribution of the threatened C. p. var. pungens and critical habitat would not be beneficial Chorizanthe robusta var. robusta is the threatened western snowy plover to the species. At the time Chorizanthe restricted to coastal and near-coastal (Charadrius alexandrinus nivosus) (U.S. robusta was listed, inclusive of var. sites in southern Santa Cruz County and Army Corps of Engineers (ACOE) 1997). robusta and var. hartwegii, we found northern Monterey County, ranging The distribution of suitable habitat on that designation of critical habitat for from Pogonip Park in the city of Santa coastal dunes is subject to dynamic Chorizanthe robusta, inclusive of var. Cruz, southeast to coastal dunes shifts caused by patterns of dune robusta and var. hartwegii, was prudent between Marina and Seaside that were mobilization, stabilization, and but not determinable and that formerly part of Fort Ord. With the successional trends in coastal dune designation of critical habitat would discovery of two new populations in the scrub that increase in cover over time. occur once we had gathered the year 2000, a total of seven populations Individual colonies of C. r. var. robusta, necessary data. are now known to exist. There is a high found in gaps between stands of scrub, On June 30, 1999, our failure to likelihood that other populations will be shift in distribution and size over time. designate critical habitat for discovered in the future. Portions of the coastal dune, coastal Chorizanthe robusta, inclusive of var. At Pogonip Park, two colonies occur scrub, grassland, chaparral, and oak robusta and var. hartwegii, within the on sandy soils derived from the Santa woodland communities that support time period mandated by 16 U.S.C. Margarita sandstone formation; one Chorizanthe robusta var. robusta have 1533(b)(6)(C)(ii) was challenged in colony is growing in sandy openings been eliminated or altered by Center for Biological Diversity v. Babbitt within a mixed forest community recreational use, conversion to (Case No. C99–3202 SC). On August 30, (CNDDB 2000; S. Baron, in litt. 1999a). agriculture, and urban development. 2000, the U.S. District Court for the Within the city of Santa Cruz, near Dune communities have also been Northern District of California (Court) where Highway 1 crosses Carbonera altered in composition by the directed us to publish a proposed Creek, (referred to as the Branciforte introduction of non-native species, critical habitat designation within 60 site) a population occurs in a field that especially Carpobrotus spp. (sea-fig or days of the Court’s order and a final supports grassland species, including iceplant) and Ammophila arenaria critical habitat designation no later than Avena barbata (wild oats), Vulpia sp. (European beachgrass), in an attempt to 120 days after the proposed designation (vulpia), Lupinus sp. (sky lupine), stabilize shifting sands. In the last is published. On October 16, 2000, the Eschscholzia californica (California decade, significant efforts have been Court granted the government’s request poppy), Conyza sp. (telegraph weed), made to restore native dune for a stay of this order. Subsequently, by Navarettia atractyloides (navaretia), and communities, including the elimination a stipulated settlement agreement Erodium sp. (filaree) (R. Morgan, pers. of these non-native species. signed by the parties on November 20, comm. 2000). At the Aptos site, 2000, we agreed to propose critical Chorizanthe robusta var. robusta occurs Previous Federal Action habitat for Chorizanthe robusta var. in an opening within maritime On May 16, 1990, we received a robusta by January 15, 2001. Because chaparral on inland marine sand deposit petition from Steve McCabe and Randall the two varieties of Chorizanthe robusta (CNDDB 2000). At the Freedom site, C. Morgan of the Santa Cruz Chapter of the are geographically and ecologically r. var. robusta occurs in a grassy California Native Plant Society to list separated, proposed critical habitat opening within maritime chaparral and Chorizanthe robusta var. hartwegii designations have been developed oak woodland (Dean Taylor, Jepson (Scotts Valley spineflower) as separately. This proposed rule addresses Herbarium, Berkeley, CA, in litt. 2000). endangered. Based on a 90-day finding critical habitat for Chorizanthe robusta
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var. robusta. A proposed critical habitat found the primary constituent elements, primary source of information should be designation for Chorizanthe robusta var. as defined at 50 CFR 424.12(b)). the listing package for the species. hartwegii (Scotts Valley spineflower) is Section 4 requires that we designate Additional information may be obtained being proposed concurrently. critical habitat at the time of listing and from a recovery plan, articles in peer- based on what we know at the time of reviewed journals, conservation plans Critical Habitat the designation. When we designate developed by states and counties, Critical habitat is defined in section 3 critical habitat at the time of listing or scientific status surveys and studies, of the Act as—(i) The specific areas under short court-ordered deadlines, we and biological assessments or other within the geographic area occupied by will often not have sufficient unpublished materials (i.e., gray a species, at the time it is listed in information to identify all areas of literature). accordance with the Act, on which are critical habitat. We are required, Habitat is often dynamic, and found those physical or biological nevertheless, to make a decision and populations may move from one area to features (I) essential to the conservation thus must base our designations on another over time. Furthermore, we of the species and (II) that may require what, at the time of designation, we recognize that designation of critical special management considerations or know to be critical habitat. habitat may not include all of the protection; and (ii) specific areas Within the geographic area occupied habitat areas that may eventually be outside the geographic area occupied by by the species, we will designate only determined to be necessary for the a species at the time it is listed, upon areas currently known to be essential. recovery of the species. For these a determination that such areas are Essential areas should already have the reasons, all should understand that essential for the conservation of the features and habitat characteristics that critical habitat designations do not species. ‘‘Conservation’’ means the use are necessary to sustain the species. We signal that habitat outside the of all methods and procedures that are will not speculate about what areas designation is unimportant or may not necessary to bring an endangered or a might be found to be essential if better be required for recovery. Areas outside threatened species to the point at which information became available, or what the critical habitat designation will listing under the Act is no longer areas may become essential over time. If continue to be subject to conservation necessary. the information available at the time of actions that may be implemented under designation does not show that an area Critical habitat receives protection section 7(a)(1) and to the regulatory provides essential life cycle needs of the under section 7 of the Act through the protections afforded by the section species, then the area should not be 7(a)(2) jeopardy standard and the prohibition against destruction or included in the critical habitat prohibitions of section 9, as determined adverse modification of critical habitat designation. Within the geographic area on the basis of the best available with regard to actions carried out, occupied by the species, we will not information at the time of the action. We funded, or authorized by a Federal designate areas that do not now have the specifically anticipate that federally agency. Section 7 also requires primary constituent elements, as funded or assisted projects affecting conferences on Federal actions that are defined at 50 CFR 424.12(b), which listed species outside their designated likely to result in the destruction or provide essential life cycle needs of the critical habitat areas may still result in adverse modification of critical habitat. species. jeopardy findings in some cases. In our regulations at 50 CFR 402.02, we Our regulations state that, ‘‘The Similarly, critical habitat designations define destruction or adverse Secretary shall designate as critical made on the basis of the best available modification as ‘‘* * * the direct or habitat areas outside the geographic area information at the time of designation indirect alteration that appreciably presently occupied by the species only will not control the direction and diminishes the value of critical habitat when a designation limited to its substance of future recovery plans, for both the survival and recovery of a present range would be inadequate to habitat conservation plans, or other listed species. Such alterations include, ensure the conservation of the species.’’ species conservation planning efforts if but are not limited to, alterations (50 CFR 424.12(e)). Accordingly, when new information available to these adversely modifying any of those the best available scientific and planning efforts calls for a different physical or biological features that were commercial data do not demonstrate outcome. the basis for determining the habitat to that the conservation needs of the be critical.’’ Aside from the added species require designation of critical Methods protection that may be provided under habitat outside of occupied areas, we As required by the Act and section 7, the Act does not provide other will not designate critical habitat in regulations (section 4(b)(2) and 50 CFR forms of protection to lands designated areas outside the geographic area 424.12) we used the best scientific as critical habitat. Because consultation occupied by the species. information available to determine areas under section 7 of the Act does not Our Policy on Information Standards that contain the physical and biological apply to activities on private or other Under the Endangered Species Act, features that are essential for the non-Federal lands that do not involve a published in the Federal Register on survival and recovery of Chorizanthe Federal nexus, critical habitat July 1, 1994 (59 FR 34271), provides robusta var. robusta. This information designation would not afford any criteria, establishes procedures, and included information from the additional protections under the Act provides guidance to ensure that our California Natural Diversity Data Base against such activities. decisions represent the best scientific (CNDDB 2000), soil survey maps (Soil In order to be included in a critical and commercial data available. It Conservation Service 1979), recent habitat designation, the habitat must requires our biologists, to the extent biological surveys and reports, our draft first be ‘‘essential to the conservation of consistent with the Act and with the use recovery plan for this species, the species.’’ Critical habitat of the best scientific and commercial additional information provided by designations identify, to the extent data available, to use primary and interested parties, and discussions with known using the best scientific and original sources of information as the botanical experts. We also conducted commercial data available, habitat areas basis for recommendations to designate site visits, either cursory or more that provide essential life cycle needs of critical habitat. When determining extensive, at five of the seven locations the species (i.e., areas on which are which areas are critical habitat, a (Pogonip, Freedom, Buena Vista, Sunset
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State Beach, and dunes at former Fort constituent elements of critical habitat var. robusta is found to still persist at Ord). for C. r. var. robusta are: this site. Each of the critical habitat units (1) sandy soils associated with active The second area where Chorizanthe includes areas that are unoccupied by coastal dunes and inland sites with robusta var. robusta has been Chorizanthe robusta var. robusta. sandy soils; documented within the last 25 years is Determining the specific areas that this (2) plant communities that support an area north of the community of taxon occupies is difficult for several associated species, including coastal Soquel in Santa Cruz County, and reasons: (1) The distribution of dune, coastal scrub, grassland, maritime bounded by Paul Sweet Road to the Chorizanthe robusta var. robusta chaparral, and oak woodland west, Rodeo Gulch Road to the east, and appears to be more closely tied to the communities, and have a structure such as far north as Mountain View Road. presence of sandy soils than to specific that there are openings between the Collections from this area were made in plant communities; the plant dominant elements (e.g. scrub, shrub, 1936, 1960, and 1977; although this area communities may undergo changes over oak trees, clumps of herbaceous has undergone some scattered time, which, due to the degree of cover vegetation); development, much of the area remains (3) plant communities that contain no that is provided by that vegetation type, rural, and populations of C. r. var. or little cover by nonnative species may either favor the presence of robusta may persist in this area. which would compete for resources Chorizanthe robusta var. robusta or not; However, due to the size of this area and available for growth and reproduction of (2) the way the current distribution of our lack of information needed to Chorizanthe robusta var. robusta; Chorizanthe robusta var. robusta is delineate boundaries more specifically, (4) Pollinator activity between we are not proposing critical habitat in mapped can be variable, depending on existing colonies of Chorizanthe robusta the scale at which patches of this area at this time. var. robusta; We do not believe that critical habitat individuals are recorded (e.g. many (5) Physical processes, such as designation, in this proposed rule, will small patches versus one large patch); occasional soil disturbance, that support be sufficient to conserve Chorizanthe and (3) depending on the climate and natural dune dynamics along coastal robusta var. robusta, a species in danger other annual variations in habitat areas; and of extinction due to the precariously few conditions, the extent of the (6) Seed dispersal mechanisms sites where it is still extant. The draft distributions may either shrink and between existing colonies and other recovery plan for C. r. var. robusta temporarily disappear, or, if there is a potentially suitable sites. (Service 2000) proposes as a recovery residual seedbank present, enlarge and We selected critical habitat areas to task ‘‘the reestablishment of populations cover a more extensive area. Therefore, provide for the conservation of within the historic range of the species patches of unoccupied habitat are Chorizanthe robusta var. robusta, at the if appropriate habitat can be located’’. interspersed with patches of occupied two coastal sites and five inland sites The task of locating appropriate habitat, habitat; the inclusion of unoccupied where it is known to occur. Historic which would entail developing a habitat in our critical habitat units locations for which there are no recent predictive model based on habitat reflects the dynamic nature of the records of occupancy (within the last 25 characteristics (similar to, but more habitat and the life history years) were not proposed for detailed than, the constituent elements characteristics of this taxon. designation. At a number of these sites, described in this proposed rule), Primary Constituent Elements including Alameda in Alameda County, followed by field surveys and Colma in San Mateo County, and Los coordination with other agencies, has In accordance with section 3(5)(A)(i) Gatos and San Jose in Santa Clara not yet been initiated. Once these data of the Act and regulations at 50 CFR County, the plant has not been seen for have been gathered and the recovery 424.12, in determining which areas to approximately 100 years; this, combined plan is finalized, we may revisit critical propose as critical habitat, we consider with the consideration that these habitat designation for this species, if those physical and biological features locations have been urbanized, leads us appropriate. (primary constituent elements) that are to conclude that a critical habitat The long-term probability of the essential to the conservation of the designation would be inappropriate for survival and recovery of Chorizanthe species and that may require special these sites. robusta var. robusta is dependent to a management considerations or We considered proposing critical great extent upon the protection of protection. These include, but are not habitat in two areas where Chorizanthe existing population sites, and of limited to—space for individual and robusta var. robusta has been maintaining ecologic functions within population growth, and for normal documented within the last 25 years, these sites, including connectivity behavior; food, water, air, light, but not within the last few years. The between sites within close geographic minerals or other nutritional or first is at Manresa State Beach, just proximity to facilitate pollinator activity physiological requirements; cover or seaward from the community of La and seed dispersal mechanisms, and the shelter; sites for breeding, reproduction, Selva Beach in Santa Cruz County. ability to maintain disturbance factors or rearing of offspring, germination, or Chorizanthe robusta var. robusta was (for example dune dynamics at the seed dispersal; and habitats that are observed near the entrance to the Beach coastal sites, and fire disturbance at protected from disturbance or are in 1979, but it has not been seen since inland site) that maintain the openness representative of the historic then and may be extirpated (CNDDB of vegetative cover upon which the geographical and ecological 2000). However, Manresa State Beach is species depends. Threats to the habitat distributions of a species. being proposed as critical habitat for of Chorizanthe robusta var. robusta Little is known about the specific Chorizanthe pungens var. pungens. include: residential development, physical and biological requirements of Should that final critical habitat recreational use, and the introduction of Chorizanthe robusta var. robusta designation include Manresa State non-native species (February 4, 1994; 59 beyond that described in the Beach, the designation may afford FR 5499). The areas we are proposing to Background section of this proposed benefits to C. r. var. robusta through designate as critical habitat provide rule. Based on the best available increased awareness of the importance some or all of the habitat components information at this time, the primary of this habitat, particularly if the C. r. essential for the conservation of C. r.
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var. robusta. Given the species’ need for developed areas, such as housing adjacent hectares (163 ac) are owned by an open plant community structure and developments, that are unlikely to the University of California, and the the risk of non-native species, we contribute to the conservation of remainder are privately owned. believe that these areas may require Chorizanthe robusta var. robusta. Unit B: Branciforte Unit special management considerations or However, we did not map critical protection. habitat in sufficient detail to exclude all Unit B consists of an old field/ In our delineation of the critical developed areas, or other lands unlikely grassland unit within the city limits of habitat units, we believed it was to contain the primary constituent Santa Cruz. The 5 ha (11-ac) unit is important to designate all the known elements essential for the conservation privately owned. areas where Chorizanthe robusta var. of C. r. var. robusta. Areas within the Unit C: Aptos Unit robusta occurs. When possible, areas boundaries of the mapped units, such as that were in close geographic proximity buildings, roads, parking lots, railroads, Unit C consists of sandy openings were included in the same unit to airport runways and other paved areas, within maritime chaparral. The 32-ha emphasize the need to maintain lawns, and other urban landscaped (78-ac) unit is comprised entirely of connectivity between different areas will not contain one or more of the private lands. populations. We also included habitat primary constituent elements. Federal Unit D: Freedom Unit for C. r. var. robusta adjacent to and actions limited to these areas, therefore contiguous to areas of known would not trigger a section 7 Unit D consists of grasslands and occurrences to maintain landscape scale consultation, unless they affect the sandy areas in openings within processes. Each mapping unit contains species and/or primary constituent maritime chaparral and oak woodland. habitat that is occupied by C. r. var. elements in adjacent critical habitat. This 3.8-ha (9.5-ac) unit is comprised of robusta; none of the mapping units are local agency lands (Aptos High School comprised entirely of unoccupied Proposed Critical Habitat Designation District) and private lands. habitat. Some units were mapped with The proposed critical habitat areas Unit E: Buena Vista Unit a greater precision that others, based on described below constitute our best the available information, the size of the assessment at this time of the areas Unit E consists of grasslands within unit, and the time allotted to complete needed for the conservation and maritime chaparral and oak woodland this proposed rule. We anticipate that in recovery of the Chorizanthe robusta var. on the Buena Vista parcel. The 75-ha the time between the proposed rule and robusta. Critical habitat being proposed (185-ac) unit is comprised entirely of the final rule, and based upon the for C. r. var. robusta includes seven private lands. The Service has prepared additional information received during units that currently sustain the species. a proposal to allow addition of the the public comment period, that the This proposed critical habitat is Buena Vista parcel into the Ellicott boundaries of certain mapping units essential for the conservation of the Slough National Wildlife Refuge will be refined. species because the geographic range (Service 1998b); however, its future The proposed critical habitat units that C. r. var. robusta occupies has been disposition is uncertain. were delineated by creating data layers reduced to so few sites that the species Unit F: Sunset Unit in a geographic information system is in danger of extinction (56 FR 55107). (GIS) format of the areas of known The areas being proposed as critical Unit F consists of coastal dune occurrences of Chorizanthe robusta var. habitat are either along the coast (Sunset habitat, and is identical to critical robusta, using information from the State Beach and the dunes at former habitat that is being proposed for the California Natural Diversity Data Base Fort Ord), or are at inland sites ranging Chorizanthe pungens var. pungens. All (CNDDB 2000), recent biological surveys from Pogonip Park southeast to the of this 53-ha (132-ac) unit is within and reports, our draft recovery plan for Buena Vista property in southern Santa Sunset State Beach. this species, and discussions with Cruz County, and include the Unit G: Marina Unit botanical experts. These data layers appropriate dune, scrub, maritime were created on a base of USGS 7.5′ chaparral, or oak woodland habitat that Unit G consists of coastal dune habitat quadrangle maps obtained from the include the sandy openings which on the dunes at former Fort Ord, and is State of California’s Stephen P. Teale support Chorizanthe robusta var. south of Marina State Beach and north Data Center. We defined the boundaries robusta. of Del Monte. All this 326-ha (804-ac) for the proposed critical habitat units A brief description of each critical unit consists of former Fort Ord lands using a combination of (1) Public Land habitat unit is given below: that are being transferred to the Survey (PLS) coordinates of township, California State Parks system. Unit A: Pogonip Unit range, and section; (2) known landmarks The approximate areas of proposed and roads; and (3) a protracted PLS grid Unit A consists of sandy openings critical habitat by land ownership are system used to infill grid coordinates within mixed forest habitat within shown in Table 5. Lands proposed are within Spanish land grant areas where Pogonip Park in the city of Santa Cruz. under private, City, and State actual PLS does not exist. Of the 166-ha (411-acre) unit, 100 ha jurisdiction, with Federal lands In selecting areas of proposed critical (248 ac) are owned and managed by the including lands managed by the DOD at habitat, we made an effort to avoid city; a portion of the remaining 66 former Fort Ord.
TABLE 5.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1, OF PROPOSED CRITICAL HABITAT FOR Chorizanthe robusta VAR. robusta BY LAND OWNERSHIP.
City and other local Unit name State lands Private lands jurisdictions Federal lands Total
A. Pogonip ...... 20 ha (50 ac) ...... 45 ha (115 ac) ...... 100 ha (250 ac) ...... 165 ha (410 ac) B. Branciforte ...... 5 ha (10 ac) ...... 5 ha (10 ac) C. Aptos ...... 30 ha (80 ac) ...... 30 ha (80 ac)
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TABLE 5.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC) 1, OF PROPOSED CRITICAL HABITAT FOR Chorizanthe robusta VAR. robusta BY LAND OWNERSHIP.—Continued
City and other local Unit name State lands Private lands jurisdictions Federal lands Total
D. Freedom ...... 2 ha (6 ac) ...... 2 ha (4 ac) ...... 4 ha (10 ac) E. Buena Vista ...... 75 ha (185 ac) ...... 75 ha (185 ac) F. Sunset ...... 55 ha (130 ac) ...... 55 ha (130 ac) G. Marina ...... 325 ha (805 ac) ...... 325 ha (805 ac) Total ...... 75 ha (180 ac) ...... 157 ha (396 ac) ...... 102 ha (254 ac) ...... 325 ha (805 ac) ...... 659 ha (1,635 ac) 1 Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals are sums of units.
Effects of Critical Habitat Designation authority and jurisdiction, that are not affecting critical habitat, as well as Section 7(a) of the Act requires economically and technologically actions on non-Federal lands that are Federal agencies to ensure that actions feasible, and that the Director believes not federally funded or permitted, will they fund, authorize, or carry out do not would avoid destruction or adverse not require section 7 consultation. jeopardize the continued existence of a modification of critical habitat. Section 4(b)(8) of the Act requires us listed species or destroy or adversely Section 7(a)(4) requires Federal to briefly describe and evaluate in any modify its critical habitat. Destruction agencies to confer with us on any action proposed or final regulation that or adverse modification of critical that is likely to jeopardize the continued designates critical habitat those habitat is defined by our regulations as existence of a proposed species or result activities involving a Federal action that a direct or indirect alteration that in destruction or adverse modification may adversely modify such habitat or appreciably diminishes the value of of proposed critical habitat. Conference that may be affected by such critical habitat for both the survival and reports provide conservation designation. Activities that may destroy recovery of a listed species. Such recommendations to assist the agency in or adversely modify critical habitat alterations include, but are not limited eliminating conflicts that may be caused would be those that alter the primary to, alterations adversely modifying any by the proposed action. The constituent elements to the extent that of those physical or biological features conservation recommendations in a the value of critical habitat for both the that were the basis for determining the conference report are advisory. We may survival and recovery of Chorizanthe habitat to be critical (50 CFR 402.02). issue a formal conference report if robusta var. robusta is appreciably Individuals, organizations, States, local requested by a Federal agency. Formal reduced. We note that such activities governments, and other non-Federal conference reports on proposed critical may also jeopardize the continued entities are affected by the designation habitat contain a biological opinion that existence of the species. Activities that, of critical habitat only if their actions is prepared according to 50 CFR 402.14, when carried out, funded, or authorized occur on Federal lands, require a as if critical habitat were designated. We by a Federal agency, may directly or Federal permit, license, or other may adopt the formal conference report indirectly destroy or adversely modify authorization, or involve Federal as the biological opinion when the critical habitat include, but are not funding. critical habitat is designated, if no limited to: Section 7(a) of the Act means that significant new information or changes (1) Activities that appreciably degrade Federal agencies must evaluate their in the action alter the content of the or destroy native dune, scrub, maritime actions with respect to any species that opinion (see 50 CFR 402.10(d)). chaparral, and oak woodland is proposed or listed as endangered or Regulations at 50 CFR 402.16 require communities, including but not limited threatened and with respect to its Federal agencies to reinitiate to inappropriately managed livestock critical habitat, if any is designated or consultation on previously reviewed grazing, clearing, discing, introducing or proposed. Regulations implementing actions in instances where critical encouraging the spread of nonnative this interagency cooperation provision habitat is subsequently designated and species, and heavy recreational use. of the Act are codified at 50 CFR part the Federal agency has retained Designation of critical habitat could 402. If a Federal action may affect a discretionary involvement or control is affect the following agencies and/or listed species or its critical habitat, the authorized by law. Consequently, some actions: development on private lands responsible Federal agency must enter Federal agencies may request requiring permits from Federal agencies, into consultation with us. If, at the consultation or conferencing with us on such as 404 permits from the Army conclusion of consultation, we issue a actions for which formal consultation Corps of Engineers or permits from biological opinion concluding that has been completed if those actions may Housing and Urban Development, project is likely to result in the affect designated critical habitat or military activities of the Department of destruction or adverse modification of adversely modify or destroy proposed Defense on their lands or lands under critical habitat, we also provide critical habitat. their jurisdiction, the release of reasonable and prudent alternatives to Activities on lands being proposed as authorization of release of biological the project, if any are identifiable. critical habitat for the Chorizanthe control agents by the Department of Reasonable and prudent alternatives are robusta var. robusta or activities that Agriculture, regulation by the defined at 50 CFR 402.02 as alternative may indirectly affect such lands and Environmental Protection Agency of actions identified during consultation that are conducted by a Federal agency, activities affecting point source that can be implemented in a manner funded by a Federal agency or that pollution discharges into waters of the consistent with the intended purpose of require a permit from a Federal agency U.S., authorization of Federal grants or the action, that are consistent with the will be subject to the section 7 loans, and land acquisition by the scope of the Federal agency’s legal consultation process. Federal actions Service’s Refuges Division. These
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actions would be subject to the section habitat modification to nonessential 4 of the Act, including whether the 7 consultation process. Where federally areas, or appropriately modifying benefit of designation will outweigh any listed wildlife species occur on private activities within essential habitat areas threats to the species due to designation; lands proposed for development, any so that such activities will not adversely (2) Specific information on the habitat conservation plans submitted by modify the primary constituent amount and distribution of Chorizanthe the applicant to secure a permit to take elements. The HCP development robusta var. robusta habitat, and what according to section 10(a)(1)(B) of the process would provide an opportunity habitat is essential to the conservation Act would be subject to the section 7 for more intensive data collection and of the species and why; consultation process. Several other analysis regarding the use of particular (3) Land use designations and current species that are listed under the Act habitat areas by C. r. var. robusta. The or planned activities in the subject areas occur in the same general areas as process would also enable us to conduct and their possible impacts on proposed Chorizanthe robusta var. robusta. detailed evaluations of the importance critical habitat; Chorizanthe pungens var. pungens of such lands to the long-term survival (4) Any economic or other impacts occurs in close proximity to of the species in the context of resulting from the proposed designation Chorizanthe robusta var. robusta at constructing a biologically configured of critical habitat, in particular, any Sunset State Beach and the dunes at system of interlinked habitat blocks. We impacts on small entities or families; former Fort Ord; sand gilia (Gilia will also provide technical assistance (5) Economic and other values tenuiflora ssp. arenaria) occurs at and work closely with applicants associated with designating critical Sunset State Beach and the dunes at throughout the development of any habitat for Chorizanthe robusta var. former Fort Ord; western snowy plover future HCPs to identify lands essential robusta such as those derived from non- occurs at Sunset State Beach and the for the long-term conservation of C. r. consumptive uses (e.g., hiking, camping, dunes at former Fort Ord; and the Santa var. robusta and appropriate bird-watching, enhanced watershed Cruz long-toed salamander (Ambystoma management for those lands. The take protection, improved air quality, macrodactylum croceum) occurs on the minimization and mitigation measures increased soil retention, ‘‘existence Buena Vista property. provided under such HCPs would be values,’’ and reductions in We have prepared a proposal to allow expected to protect the essential habitat administrative costs); and addition of the Buena Vista parcel into lands proposed as critical habitat in this (6) The methods we might use, under the Ellicott Slough National Wildlife rule. section 4(b)(2) of the Act, in Refuge (Service 1998). At this time, the determining if the benefits of excluding parcel remains in private ownership and Economic Analysis an area from critical habitat outweigh its future disposition is uncertain. Section 4(b)(2) of the Act requires us the benefits of specifying the area as However, should the parcel be acquired to designate critical habitat on the basis critical habitat. by the Service in the future, this action of the best scientific and commercial If you wish to comment, you may would be subject to the section 7 information available and to consider submit your comments and materials consultation process. the economic and other relevant concerning this proposal by any one of If you have questions regarding impacts of designating a particular area several methods. You may mail whether specific activities will likely as critical habitat. We may exclude areas comments to the Assistant Field constitute adverse modification of from critical habitat upon a Supervisor, Ventura Fish and Wildlife critical habitat, contact the Field determination that the benefits of such Office, U.S. Fish and Wildlife Service, Supervisor, Ventura Fish and Wildlife exclusions outweigh the benefits of 2493 Portola Road, Suite B, Ventura, Office (see ADDRESSES section). Requests specifying such areas as critical habitat. California 93003. You may also for copies of the regulations on listed We cannot exclude such areas from comment via the Internet to wildlife and inquiries about critical habitat when such exclusion [email protected]. Please submit prohibitions and permits may be will result in the extinction of the Internet comments as an ASCII file addressed to the U.S. Fish and Wildlife species concerned. We will conduct an avoiding the use of special characters Service, Portland Regional Office, 911 analysis of the economic impacts of and any form of encryption. Please also NE 11th Avenue, Portland, Oregon designating these areas as critical include ‘‘Attn: [1018–AH83] and your 97232–4181 (503/231–6131, FAX 503/ habitat prior to a final determination. name and return address in your 231–6243). When completed, we will announce the Internet message.’’ If you do not receive availability of the draft economic a confirmation from the system that we Relationship To Habitat Conservation have received your Internet message, Plans analysis with a notice in the Federal Register, and we will open a comment contact us directly by calling our Currently, there are no HCPs that period at that time. Ventura Fish and Wildlife Office at include Chorizanthe robusta var. phone number 805–644–1766. Please robusta as a covered species. However, Public Comments Solicited note that the Internet address we believe that in most instances the We intend that any final action ‘‘[email protected]’’ will be closed benefits of excluding habitat resulting from this proposal will be as out at the termination of the public conservation plans (HCPs) from critical accurate and as effective as possible. comment period. Finally, you may habitat designations will outweigh the Therefore, comments or suggestions hand-deliver comments to our Ventura benefits of including them. In the event from the public, other concerned office at 2493 Portola Road, Suite B, that future HCPs covering C. r. var. governmental agencies, the scientific Ventura, California. Our practice is to robusta are developed within the community, industry, or any other make comments, including names and boundaries of designated critical interested party concerning this home addresses of respondents, habitat, we will work with applicants to proposed rule are hereby solicited. available for public review during ensure that the HCPs provide for Comments particularly are sought regular business hours. Individual protection and management of habitat concerning: respondents may request that we areas essential for the conservation of (1) The reasons why any habitat withhold their home address from the this species. This will be accomplished should or should not be determined to rulemaking record, which we will honor by either directing development and be critical habitat as provided by section to the extent allowable by law. There
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also may be circumstances in which we and be addressed to the Field considering whether areas should be would withhold from the rulemaking Supervisor (see ADDRESSES section). We excluded pursuant to section 4 of the record a respondent’s identity, as will schedule public hearings on this Act, we do not believe this rule will allowable by law. If you wish us to proposal, if any are requested, and have an annual economic effect of $100 withhold your name and/or address, announce the dates, times, and places of million or adversely affect an economic you must state this prominently at the those hearings in the Federal Register sector, productivity, jobs, the beginning of your comment. However, and local newspapers at least 15 days environment, or other units of we will not consider anonymous prior to the first hearing. government. Therefore we do not comments. We will make all Clarity of the Rule believe a cost benefit and economic submissions from organizations or analysis pursuant to EO 12866 is businesses, and from individuals Executive Order 12866 requires each required. identifying themselves as agency to write regulations and notices that are easy to understand. We invite Under the Act, critical habitat may representatives or officials of not be adversely modified by a Federal organizations or businesses, available your comments on how to make this proposed rule easier to understand, agency action; critical habitat does not for public inspection in their entirety. impose any restrictions on non-Federal Comments and materials received will including answers to questions such as persons unless they are conducting be available for public inspection, by the following—(1) Are the requirements activities funded or otherwise appointment, during normal business in the proposed rule clearly stated? (2) sponsored, authorized, or permitted by hours at the above address. Does the proposed rule contain technical jargon that interferes with the a Federal agency (see Table 2 below). Peer Review clarity? (3) Does the format of the Section 7 requires Federal agencies to In accordance with our policy proposed rule (grouping and order of ensure that they do not jeopardize the published on July 1, 1994 (59 FR the sections, use of headings, continued existence of the species. 34270), we will solicit the expert paragraphing, etc.) aid or reduce its Based upon our experience with this opinions of three appropriate and clarity? (4) Is the description of the species and its needs, we conclude that independent specialists regarding this notice in the ‘‘Supplementary any Federal action or authorized action proposed rule. The purpose of such Information’’ section of the preamble that could potentially cause an adverse review is to ensure listing decisions are helpful in understanding the notice? modification of the proposed critical based on scientifically sound data, What else could we do to make this habitat would currently be considered assumptions, and analyses. We will proposed rule easier to understand? as ‘‘jeopardy’’ under the Act in areas send these peer reviewers copies of this Send a copy of any comments that occupied by the species. Accordingly, proposed rule immediately following concern how we could make this rule the designation of currently occupied publication in the Federal Register. We easier to understand to the office areas as critical habitat does not have will invite these peer reviewers to identified in the ADDRESSES section at any incremental impacts on what comment, during the public comment the beginning of this document. actions may or may not be conducted by period, on the specific assumptions and Required Determinations Federal agencies or non-Federal persons conclusions regarding the proposed that receive Federal authorization or listing and designation of critical Regulatory Planning and Review funding. The designation of areas as habitat. In accordance with Executive Order critical habitat where section 7 We will consider all comments and (EO) 12866, this document is a consultations would not have occurred information received during the 60-day significant rule and was reviewed by the but for the critical habitat designation comment period on this proposed rule Office of Management and Budget may have impacts on what actions may during preparation of a final (OMB). We are preparing a draft or may not be conducted by Federal rulemaking. Accordingly, the final analysis of this proposed action, which agencies or non-Federal persons who determination may differ from this will be available for public comment to receive Federal authorization or funding proposal. determine the economic consequences that are not attributable to the species of designating the specific areas as listing. We will evaluate any impact Public Hearings critical habitat. The availability of the through our economic analysis (under The Act provides for one or more draft economic analysis will be section 4 of the Act; see Economic public hearing on this proposal, if announced in the Federal Register so Analysis section of this rule). Non- requested. Requests must be received that it is available for public review and Federal persons that do not have a within 45 days of the date of publication comments. Federal ‘‘sponsorship’’ in their actions of the proposal in the Federal Register. (a) While we will prepare an are not restricted by the designation of Such requests must be made in writing economic analysis to assist us in critical habitat.
TABLE 2.—IMPACTS OF Chorizanthe robusta VAR. robusta LISTING AND CRITICAL HABITAT DESIGNATION.
Categories of activities Activities potentially affected by species listing Additional activities potentially affected by only critical habitat designation 1
Federal Activities Potentially Affected 2 ...... Activities conducted by the Army Corps of En- Activities by these Federal Agencies in des- gineers, the Department of Housing and ignated areas where section 7 consultations Urban Development, and any other Federal would not have occurred but for the critical Agencies. habitat designation
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TABLE 2.—IMPACTS OF Chorizanthe robusta VAR. robusta LISTING AND CRITICAL HABITAT DESIGNATION.—Continued
Categories of activities Activities potentially affected by species listing Additional activities potentially affected by only critical habitat designation 1
Private or other non-Federal Activities Poten- Activities that require a Federal action (permit, Funding, authorization, or permitting actions tially Affected 3. authorization, or funding) and may remove by Federal Agencies in designated areas or destroy habitat for Chorizanthe robusta where section 7 consultations would not var. robusta by mechanical, chemical, or have occurred but for the critical habitat other means or appreciably decrease habi- designation tat value or quality through indirect effects (e.g., edge effects, invasion of exotic plants or animals, fragmentation of habitat). 1 This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by list- ing the species. 2 Activities initiated by a Federal agency. 3 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.
(b) This rule will not create not expected to result in any restrictions permit, or other Federal authorization. inconsistencies with other agencies’ in addition to those currently in As discussed in above, these actions are actions. As discussed above, Federal existence for areas where section 7 currently required to comply with the agencies have been required to ensure consultations would have occurred as a listing protections of the Act, and the that their actions not jeopardize the result of the species being listed under designation of critical habitat is not continued existence of Chorizanthe the Act. We will also evaluate whether anticipated to have any additional robusta var. robusta since its listing in designation includes any areas where effects on these activities. 1994. The prohibition against adverse section 7 consultations would occur For actions on non-Federal property modification of critical habitat would only as a result of the critical habitat that do not have a Federal connection not be expected to impose any designation, and in such cases (such as funding or authorization), the additional restrictions to those that determine if it will significantly affect a current, applicable restrictions of the currently exist in the proposed critical substantial number of small entities. As Act remain in effect, and this rule will habitat on currently occupied lands. indicated on Table 1 (see ‘‘Proposed have no additional restrictions. We will evaluate any impact of Critical Habitat Designation’’ section), Small Business Regulatory Enforcement designating areas where section 7 we have proposed to designate property Fairness Act (5 U.S.C. 804(2)). consultations would not have occurred owned by Federal, State, and County but for the critical habitat designation governments, and private property. In the economic analysis, we will through our economic analysis. Because Within these areas, the types of determine whether designation of of the potential for impacts on other Federal actions or authorized activities critical habitat will cause (a) any effect Federal agency activities, we will that we have identified as potential on the economy of $100 million or continue to review this proposed action concerns are: more, (b) any increases in costs or prices for any inconsistencies with other (1) Regulation of activities affecting for consumers, individual industries, Federal agency actions. waters of the United States by the Army Federal, State, or local government (c) This proposed rule, if made final, Corps of Engineers under section 404 of agencies, or geographic regions; or (c) will not materially affect entitlements, the Clean Water Act; any significant adverse effects on grants, user fees, loan programs, or the (2) Development on private lands competition, employment, investment, rights and obligations of their recipients. requiring permits from other Federal productivity, innovation, or the ability Federal agencies are currently required agencies such as Housing and Urban of U.S.-based enterprises to compete to ensure that their activities do not Development; with foreign-based enterprises. As jeopardize the continued existence of (3) Military activities of the U.S. discussed above, we anticipate that the the species, and, as discussed above, we Department of Defense (Navy and Army) designation of critical habitat will not do not anticipate that the adverse on their lands or lands under their have any additional effects on these modification prohibition resulting from jurisdiction; activities in areas where section 7 critical habitat designation will have (4) The release or authorization of consultations should occur regardless of any incremental effects in areas of release of biological control agents by the critical habitat designation. We will occupied habitat. the U.S. Department of Agriculture; evaluate through our economic analysis (d) This rule will not raise novel legal (5) Regulation of activities affecting any impact of designating areas where or policy issues. The proposed rule point source pollution discharges into section 7 consultations would not have follows the requirements for waters of the United States by the occurred but for the critical habitat determining critical habitat contained in Environmental Protection Agency under designation. the Endangered Species Act. section 402 of the Clean Water Act.; (6) Authorization of Federal grants or Unfunded Mandates Reform Act (2 Regulatory Flexibility Act (5 U.S.C. 601 loans; and U.S.C. 1501 et seq.) et seq.) (7) The potential acquisition of the In accordance with the Unfunded In the economic analysis (required Buena Vista parcel by the Service’s Mandates Reform Act (2 U.S.C. 1501 under section 4 of the Act), we will Refuges Division. Potentially, some of August 25, 2000, et seq.): determine whether designation of these activities sponsored by Federal (a) We believe this rule will not critical habitat will have a significant agencies within the proposed critical ‘‘significantly or uniquely’’ affect small effect on a substantial number of small habitat areas are carried out by small governments. A Small Government entities. As discussed under Regulatory entities (as defined by the Regulatory Agency Plan is not required. Small Planning and Review above, this rule is Flexibility Act) through contract, grant, governments will be affected only to the
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extent that any programs having Federal conservation of this species are more ‘‘Government-to-Government Relations funds, permits, or other authorized clearly defined, and the primary With Native American Tribal activities must ensure that their actions constituent elements of the habitat Governments’’ (59 FR 22951) and the will not adversely affect the critical necessary to the survival of the species Department of the Interior’s manual at habitat. However, as discussed above, are identified. While this definition and 512 DM 2, we readily acknowledge our these actions are currently subject to identification does not alter where and responsibility to communicate equivalent restrictions through the what federally sponsored activities may meaningfully with federally recognized listing protections of the species, and no occur, it may assist these local Tribes on a Government-to-Government further restrictions are anticipated to governments in long range planning basis. The proposed designation of result from critical habitat designation rather than waiting for case-by-case critical habitat for Chorizanthe robusta of occupied areas. In our economic section 7 consultation to occur. var. robusta does not contain any Tribal analysis we will evaluate any impact of Civil Justice Reform lands or lands that we have identified designating areas where section 7 as impacting Tribal trust resources. consultations would not have occurred In accordance with Executive Order but for the critical habitat designation. 12988, the Department of the Interior’s References Cited (b) This rule will not produce a Office of the Solicitor has determined A complete list of all references cited Federal mandate of $100 million or that this rule does not unduly burden herein, as well as others, is available greater in any year, that is, it is not a the judicial system and does meet the upon request from the Ventura Fish and requirements of sections 3(a) and 3(b)(2) ‘‘significant regulatory action’’ under Wildlife Office (see ADDRESSES section). the Unfunded Mandates Reform Act. of the Order. We designate critical The designation of critical habitat habitat in accordance with the Author provisions of the Endangered Species imposes no obligations on State or local The author of this proposed rule is Act. The rule uses standard property governments. Constance Rutherford, Ventura Fish and descriptions and identifies the primary Wildlife Office, U.S. Fish and Wildlife Takings constituent elements within the Service, 2493 Portola Road, Suite B, In accordance with Executive Order designated areas to assist the public in Ventura, California 93003 (805/644– 12630, this rule does not have understanding the habitat needs of 1766). significant takings implications. A Chorizanthe robusta var. robusta. takings implication assessment is not List of Subjects in 50 CFR Part 17 required. As discussed above, the Paperwork Reduction Act of 1995 (44 designation of critical habitat affects U.S.C. 3501 et seq.) Endangered and threatened species, only Federal agency actions. The rule This rule does not contain any Exports, Imports, Reporting and will not increase or decrease current information collection requirements for recordkeeping requirements, and restrictions on private property which Office of Management and Transportation. concerning this plant species. We do not Budget approval under the Paperwork Proposed Regulation Promulgation anticipate that property values will be Reduction Act is required. affected by the critical habitat Accordingly, the Service hereby National Environmental Policy Act designations. Landowners in areas that proposes to amend part 17, subchapter are included in the designated critical We have determined that an B of chapter I, title 50 of the Code of habitat will continue to have Environmental Assessment and/or an Federal Regulations, as set forth below: opportunity to utilize their property in Environmental Impact Statement as ways consistent with State law and with defined by the National Environmental PART 17—[AMENDED] the continued survival of the plant Policy Act of 1969 need not be prepared 1. The authority citation for part 17 species. in connection with regulations adopted pursuant to section 4(a) of the continues to read as follows: Federalism Endangered Species Act, as amended. A Authority: 16 U.S.C. 1361–1407; 16 U.S.C. In accordance with Executive Order notice outlining our reason for this 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 13132, the rule does not have significant determination was published in the 625, 100 Stat. 3500, unless otherwise noted. Federalism effects. A Federalism Federal Register on October 25, 1983 2. In § 17.12(h), remove the entry for assessment is not required. As discussed (48 FR 49244). This proposed rule does Chorizanthe robusta (incl. vars. robusta above, the designation of critical habitat not constitute a major Federal action and hartwegii) and add the following, in in areas currently occupied by significantly affecting the quality of the alphabetical order under ‘‘FLOWERING Chorizanthe robusta var. robusta would human environment. PLANTS’’ to the List of Endangered and have little incremental impact on State Threatened Plants to read as follows: and local governments and their Government-to-Government activities. The designations may have Relationship With Tribes § 17.12 Endangered and threatened plants. some benefit to these governments in In accordance with the President’s * * * * * that the areas essential to the memorandum of April 29, 1994, (h) * * *
Species Historic range Family name Status When listed Critical Special rules Scientific name Common name habitat
FLOWERING PLANTS
******* Chorizanthe robusta Robust Spineflower U.S.A. (CA) ...... Polygonaceae— T 17.96(b) NA var. robusta. Buckwheat.
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3. In § 17.96, as proposed to be (i) Sandy soils associated with active (iv) Pollinator activity between amended at 65 FR 66865, November 7, coastal dunes, coastal bluffs with a existing colonies of Chorizanthe robusta 2000, amend paragraph (b) by adding an deposition of windblown sand, inland var. robusta; entry for Chorizanthe robusta var. sites with sandy soils, and interior (v) Physical processes, such as robusta in alphabetical order under floodplain dunes; occasional soil disturbance, that support Polygonaceae to read as follows: (ii) Plant communities that support natural dune dynamics along coastal § 17.96 Critical habitat—plants. associated species, including coastal areas; and * * * * * dune, coastal scrub, grassland, maritime (vi) Seed dispersal mechanisms (b) Single-species critical habitat— chaparral, oak woodland, and interior between existing colonies and other Flowering plants. floodplain dune communities, and have potentially suitable sites. Family Polygonaceae: Chorizanthe a structure such that there are openings (3) Critical habitat does not include robusta var. robusta (robust between the dominant elements (e.g, existing features and structures, such as spineflower) scrub, shrub, oak trees, clumps of buildings, roads, aqueducts, railroads, (1) Critical habitat units are depicted herbaceous vegetation); for Santa Cruz and Monterey counties, airports, other paved areas, lawns, and California, on the maps below. (iii) Plant communities that contain other urban landscaped areas not (2) The primary constituent elements no or little cover by nonnative species containing one or more of the primary of critical habitat for Chorizanthe which would compete for resources constituent elements. robusta var. robusta are the habitat available for growth and reproduction of components that provide: Chorizanthe robusta var. robusta; BILLING CODE 4310–55–P
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Map Unit A (Pogonip): Santa Cruz N.W.1⁄4 and N.E.1⁄4, Mt. Diablo Principal Diablo Principal Meridian, sec. 7; County, California. From USGS 7.5’ Meridian, sec. 11 (protracted); W.1⁄2 of bounded on the west by Branciforte quadrangle map Santa Cruz, California. N.W.1⁄4, Mt. Diablo Principal Meridian, Creek, on the south by Highway 101, on The following lands within the Canada sec. 12 (protracted); bounded on the the east by Market Street and Isbel del Rincon en El Rio San Lorenzo de north by State Highway 9. Drive, and on the north by an east-west Santa Cruz Land Grant: T. 11 S., R. 2 W., Map Unit B (Branciforte). Santa Cruz trending line connecting the terminus of 1 1 1 1 ′ S.E. ⁄4 of S.W. ⁄2 and S. ⁄2 of S.E. ⁄4, County, California. From USGS 7.5 Lee Street (west side of Branciforte Mount Diablo Principal Meridian, sec. 2 quadrangle map Santa Cruz, California. Creek) to Isbel Drive. (protracted); T. 11 S., R. 2 W., N.E.1⁄4 of Lands within: T. 11 S., R. 1 W., Mt.
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Map Unit C (Aptos). Santa Cruz 11 S., R. 1 E., S1⁄2 of the N.E.1⁄4, Mt. California. The following lands within County, California. Santa Cruz County, Diablo Principal Meridian, sec. 8 the Languna de los Calabasas and Aptos California. From USGS 7.5′ quadrangle (protracted). Land Grants: T. 11 S., R. 1 E., N.E.1⁄4 of map Soquel, California. The following Map Unit D (Freedom). Santa Cruz S.W.1⁄4 of N.E.1⁄4, Mt. Diablo Principal ′ lands within the Aptos Land Grant: T. County, California. From USGS 7.5 Meridian, sec. 16 (protracted). quadrangle map Watsonville West,
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Map Unit E (Buena Vista). Santa Cruz Diablo Principal Meridian, sec. 35 along Monte Vista Way to Shell Road; County, California. From USGS 7.5′ (protracted). S.E. 2.33 km (1.45 mi) along Shell Road, quadrangle map Watsonville West, Map Unit F (Sunset). Santa Cruz W. at the point at which Shell Road California. The following lands within County, California. From USGS 7.5′ veers E. and then W. to mean high the San Andreas Land Grant: T. 11 S., quadrangle map Watsonville West, water, N.W. along mean high water 2.17 1 1 1 California. Lands within: T.12 S., R.1 E., R. 1 E., N.W. ⁄4 of S.W. ⁄4, and N.W. ⁄4 km (1.35 mi) to a point perpendicular to Mt. Diablo Principal Meridian, secs. 14 of N.W.1⁄4, and W.1⁄2 of N.E. 1⁄4, Mt. the boundary of Sunset State Beach; and 23; bounded at the N. by Sunset proceeding N.E. to point of beginning. State Beach at Monte Vista Way, N.W.
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Map Unit G (Marina). Monterey northern boundary of former Fort Ord, Road to its terminus; S. to the southern County, California. From USGS 7.5′ S. about .8 km (0.5 mi) along the boundary of former Fort Ord, W. to the quadrangle maps Marina and Seaside, Southern Pacific Railroad to its mean high tide line, N. along the mean California. The following lands within intersection with Beach Range Road, S. high tide line to the northern boundary the former Ft. Ord beaches: From the about 5.6 km (3.5 mi) along Beach Range of former Fort Ord.
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* * * * * Dated: January 16, 2001 Kenneth L. Smith. Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 01–1837 Filed 2–14–01; 8:45 am] BILLING CODE 4310–55–C
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