Vol. 78 Wednesday, No. 132 July 10, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northern Mexican Gartersnake and Narrow-Headed Gartersnake; Proposed Rule

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DEPARTMENT OF THE INTERIOR Information Requested section below for threatened. Therefore, we propose to more information). designate critical habitat for the Fish and Wildlife Service The coordinates or plot points or both northern Mexican gartersnake in from which the critical habitat maps are Greenlee, Graham, Apache, La Paz, 50 CFR Part 17 generated are included in the Mohave, Yavapai, Navajo, Gila, [Docket No. FWS–R2–ES–2013–0022; administrative record for this Coconino, Cochise, Santa Cruz, Pima, 4500030113] rulemaking and are available at http:// and Pinal Counties in Arizona, as well www.fws.gov/southwest/es/arizona, as in Grant and Catron Counties in New RIN 1018–AZ35 http://www.regulations.gov at Docket Mexico, and critical habitat for the No. FWS–R2–ES–2013–0022, and at the Endangered and Threatened Wildlife narrow-headed gartersnake in Greenlee, Arizona Ecological Services Field Office and Plants; Designation of Critical Graham, Apache, Yavapai, Navajo, Gila, (see FOR FURTHER INFORMATION CONTACT). Habitat for the Northern Mexican and Coconino Counties in Arizona, as Any additional tools or supporting Gartersnake and Narrow-Headed well as in Grant, Hidalgo, Sierra, and information that we may develop for Gartersnake Catron Counties in New Mexico. this rulemaking will also be available at We will seek peer review. We are AGENCY: Fish and Wildlife Service, the Fish and Wildlife Service Web site seeking comments from knowledgeable Interior. and Field Office set out above, and may individuals with scientific expertise to ACTION: Proposed rule. also be included in the preamble of this review our analysis of the best available proposal and/or at http:// science and application of that science SUMMARY: We, the U.S. Fish and www.regulations.gov. and to provide any additional scientific Wildlife Service, propose to designate FOR FURTHER INFORMATION CONTACT: information to improve this proposed critical habitat for the northern Mexican Steve Spangle, Field Supervisor, U.S. rule. Because we will consider all gartersnake (Thamnophis eques Fish and Wildlife Service, Arizona comments and information received megalops) and narrow-headed Ecological Services Field Office, 2321 during the comment period, our final gartersnake (Thamnophis rufipunctatus) West Royal Palm Road, Suite 103, determinations may differ from this in Arizona and New Mexico, under the Phoenix, AZ 85021; telephone: 602– proposal. Endangered Species Act of 1973, as 242–0210; facsimile: 602–242–2513. If amended (Act). If we finalize this rule Information Requested you use a telecommunications device as proposed, it would extend the Act’s We intend that any final action for the deaf (TDD), call the Federal protections to these species’ habitats. resulting from this proposed rule will be Information Relay Service (FIRS) at The effect of this regulation is to based on the best scientific and 800–877–8339. conserve northern Mexican and narrow- commercial data available and be as headed gartersnake habitat under the SUPPLEMENTARY INFORMATION: accurate and as effective as possible. Act. Executive Summary Therefore, we request comments or information from other concerned DATES: We will accept comments Why we need to publish a rule. Under governmental agencies, Native received or postmarked on or before the Act, once a species is determined to American tribes, the scientific September 9, 2013. Comments be an endangered or threatened species community, industry, or any other submitted electronically using the throughout all or a significant portion of interested parties concerning this Federal eRulemaking Portal (see its range, we are required to promptly proposed rule. We particularly seek ADDRESSES section, below) must be publish a proposal in the Federal comments concerning: received by 11:59 p.m. Eastern Time on Register and make a determination on (1) The reasons why we should or the closing date. We must receive our proposal within 1 year. should not designate habitat as ‘‘critical requests for public hearings, in writing, Additionally, critical habitat shall be habitat’’ under section 4 of the Act (16 at the address shown in the FOR FURTHER designated, to the maximum extent U.S.C. 1531 et seq.), including whether INFORMATION CONTACT section by August prudent and determinable, for any there are threats to the species from 26, 2013. species determined to be an endangered human activity, the degree of which can ADDRESSES: You may submit comments or threatened species under the Act. be expected to increase due to the by one of the following methods: Designations and revisions of critical designation, and whether that increase (1) Electronically: Go to the Federal habitat can only be completed by in threats outweighs the benefit of eRulemaking Portal: http:// issuing a rule. Elsewhere in today’s designation such that the designation of www.regulations.gov. Search for Docket Federal Register, we propose to list the critical habitat is not prudent. No. FWS–R2–ES–2013–0022, which is northern Mexican and narrow-headed (2) Specific information on: the docket number for this rulemaking. gartersnakes as threatened species under (a) The amount and distribution of You may submit a comment by clicking the Act. northern Mexican or narrow-headed on ‘‘Comment Now!’’ This rule consists of: A proposed rule gartersnakes and their habitat; (2) By hard copy: Submit by U.S. mail for designation of critical habitat for (b) What may constitute ‘‘physical or or hand-delivery to: Public Comments northern Mexican and narrow-headed biological features essential to the Processing, Attn: FWS–R2–ES–2013– gartersnakes. These gartersnakes are conservation of the species,’’ within the 0022; Division of Policy and Directives proposed for listing under the Act. This geographical range currently occupied Management; U.S. Fish and Wildlife rule proposes designation of critical by the species; Service; 4401 N. Fairfax Drive, MS habitat necessary for the conservation of (c) Where these features are currently 2042–PDM; Arlington, VA 22203. the species. found; We request that you send comments The basis for our action. Under the (d) Whether any of these features may only by the methods described above. Act, when a species is proposed for require special management We will post all comments on http:// listing, to the maximum extent prudent considerations or protection; www.regulations.gov. This generally and determinable, we must designate (e) What areas, that were occupied at means that we will post any personal critical habitat for the species. These the time of listing (or are currently information you provide us (see the species are proposed for listing as occupied) and that contain features

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essential to the conservation of the If you submit information via http:// cannot be otherwise relieved, may species, should be included in the www.regulations.gov, your entire include regulated taking. designation and why; and submission—including any personal Critical habitat receives protection (f) What areas not occupied at the identifying information—will be posted under section 7 of the Act through the time of listing are essential for the on the Web site. If your submission is requirement that Federal agencies conservation of the species and why. made via a hardcopy that includes ensure, in consultation with the Service, (3) Land use designations and current personal identifying information, you that any action they authorize, fund, or or planned activities in the areas may request at the top of your document carry out is not likely to result in the occupied by the species or proposed to that we withhold this information from destruction or adverse modification of be designated as critical habitat, and public review. However, we cannot critical habitat. The designation of possible impacts of these activities on guarantee that we will be able to do so. critical habitat does not affect land this species and proposed critical We will post all hardcopy submissions ownership or establish a refuge, habitat. on http://www.regulations.gov. wilderness, reserve, preserve, or other (4) Any foreseeable economic, Comments and materials we receive, conservation area. Such designation national security, or other relevant as well as supporting documentation we does not allow the government or public impacts that may result from used in preparing this proposed rule, to access private lands. Such designating any area that may be will be available for public inspection designation does not require included in the final designation. We on http://www.regulations.gov, or by implementation of restoration, recovery, are particularly interested in any appointment, during normal business or enhancement measures by non- impacts on small entities, and the hours, at the U.S. Fish and Wildlife Federal landowners. Where a landowner benefits of including or excluding areas Service, Arizona Ecological Services requests Federal agency funding or from the proposed designation that are Field Office (see FOR FURTHER authorization for an action that may subject to these impacts. INFORMATION CONTACT). affect a listed species or critical habitat, (5) Whether our approach to the consultation requirements of section designating critical habitat could be Previous Federal Actions 7(a)(2) of the Act would apply, but even improved or modified in any way to All previous Federal actions are in the event of a destruction or adverse provide for greater public participation described in the proposal to list the modification finding, the obligation of and understanding, or to assist us in northern Mexican and narrow-headed the Federal action agency and the accommodating public concerns and gartersnakes as threatened species under landowner is not to restore or recover comments. the Act published elsewhere in today’s the species, but to implement (6) The likelihood of adverse social Federal Register. reasonable and prudent alternatives to reactions to the designation of critical avoid destruction or adverse habitat and how the consequences of Background modification of critical habitat. such reactions, if likely to occur, would Critical habitat is defined in section 3 Under the first prong of the Act’s relate to the conservation and regulatory of the Act as: definition of critical habitat, areas benefits of the proposed critical habitat (1) The specific areas within the within the geographic area occupied by designation. geographical area occupied by the the species at the time it was listed are (7) If considered for exclusion from species, at the time it is listed in included in a critical habitat designation critical habitat designation under accordance with the Act, on which are if they contain physical or biological section 4(b)(2) of the Act, found those physical or biological features (1) which are essential to the documentation that describes how lands features conservation of the species and (2) are managed for wildlife and habitat and (a) Essential to the conservation of the which may require special management how that management specifically species and considerations or protection. For these benefits either or both the northern (b) Which may require special areas, critical habitat designations Mexican or narrow-headed gartersnake management considerations or identify, to the extent known using the or their prey bases. protection; and best scientific and commercial data Please include sufficient information (2) Specific areas outside the available, those physical or biological with your submission (such as scientific geographical area occupied by the features that are essential to the journal articles or other publications) to species at the time it is listed, upon a conservation of the species (such as allow us to verify any scientific or determination that such areas are space, food, cover, and protected commercial information you include. essential for the conservation of the habitat). In identifying those physical Please note that submissions merely species. and biological features within an area, stating support for or opposition to the Conservation, as defined under we focus on the principal biological or action under consideration without section 3 of the Act, means to use and physical constituent elements (primary providing supporting information, the use of all methods and procedures constituent elements such as roost sites, although noted, will not be considered that are necessary to bring an nesting grounds, seasonal wetlands, in making a determination, as section endangered or threatened species to the water quality, tide, soil type, etc.) that 4(b)(1)(A) of the Act directs that point at which the measures provided are essential to the conservation of the determinations as to whether any pursuant to the Act are no longer species. Primary constituent elements species is an endangered or threatened necessary. Such methods and are the elements of physical or species must be made ‘‘solely on the procedures include, but are not limited biological features that, when laid out in basis of the best scientific and to, all activities associated with the appropriate quantity and spatial commercial data available.’’ scientific resources management such as arrangement to provide for a species’ You may submit your comments and research, census, law enforcement, life-history processes, are essential to materials concerning this proposed rule habitat acquisition and maintenance, the conservation of the species. by one of the methods listed in the propagation, live trapping, and Under the second prong of the Act’s ADDRESSES section. We request that you transplantation, and, in the definition of critical habitat, we can send comments only by the methods extraordinary case where population designate critical habitat in areas described in the ADDRESSES section. pressures within a given ecosystem outside the geographic area occupied by

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the species at the time it is listed, upon the Act, (2) regulatory protections or county governments or private a determination that such areas are afforded by the requirement in section entities; and (4) preventing people from essential for the conservation of the 7(a)(2) of the Act for Federal agencies to causing inadvertent harm to the species. species. For example, an area currently ensure their actions are not likely to Therefore, because we have determined occupied by the species, but that was jeopardize the continued existence of that the designation of critical habitat not occupied at the time of listing, may any endangered or threatened species, would not likely increase the degree of be essential to the conservation of the and (3) the prohibitions of section 9 of threat to the species and may provide species and may be included in the the Act if actions occurring in these some measure of benefit, we find that critical habitat designation. We areas may affect the species. Federally designation of critical habitat is prudent designate critical habitat in areas funded or permitted projects affecting for the northern Mexican and narrow- outside the geographic area occupied by listed species outside their designated headed gartersnakes. a species only when a designation critical habitat areas may still result in limited to its range would be inadequate jeopardy findings in some cases. These Critical Habitat Determinability to ensure the conservation of the protections and conservation tools will Having determined that designation is species. continue to contribute to recovery of prudent, under section 4(a)(3) of the Section 4 of the Act requires that we this species. Similarly, critical habitat Act, we must find whether critical designate critical habitat on the basis of designations made on the basis of the habitat for the northern Mexican and the best scientific data available. best available information at the time of narrow-headed gartersnakes is Further, our Policy on Information designation will not control the determinable. Our regulations at 50 CFR Standards Under the Endangered direction and substance of future 424.12(a)(2) state that critical habitat is Species Act (published in the Federal recovery plans, habitat conservation not determinable when one or both of Register on July 1, 1994 (59 FR 34271)), plans (HCPs), or other species the following situations exist: the Information Quality Act (section 515 conservation planning efforts if new (i) Information sufficient to perform of the Treasury and General information available at the time of required analyses of the impacts of the Government Appropriations Act for these planning efforts calls for a designation is lacking, or Fiscal Year 2001 (Pub. L. 106–554; H.R. different outcome. (ii) The biological needs of the species 5658)), and our associated Information Prudency Determination are not sufficiently well known to Quality Guidelines, provide criteria, permit identification of an area as Section 4(a)(3) of the Act, as establish procedures, and provide critical habitat. When critical habitat is amended, and implementing regulations guidance to ensure that our decisions not determinable, the Act allows the (50 CFR 424.12), require that, to the are based on the best scientific data Service an additional year to publish a maximum extent prudent and available. They require our biologists, to critical habitat designation (16 U.S.C. determinable, the Secretary shall the extent consistent with the Act and 1533(b)(6)(C)(ii)). with the use of the best scientific data designate critical habitat at the time the We reviewed the best available available, to use primary and original species is determined to be an scientific and commercial information sources of information as the basis for endangered or threatened species. Our pertaining to the biological needs of the recommendations to designate critical regulations (50 CFR 424.12(a)(1)) state species and habitat characteristics habitat. that the designation of critical habitat is When we are determining which areas not prudent when one or both of the where the species are located. Based on should be designated as critical habitat, following situations exist: this information, we conclude that our primary source of information is (1) The species is threatened by taking sufficient information is known generally the information developed or other human activity, and regarding the species’ needs and during the listing process for the identification of critical habitat can be habitats to determine critical habitat for species. Additional information sources expected to increase the degree of threat the northern Mexican and narrow- may include the recovery plan for the to the species, or headed gartersnakes. species, articles in peer-reviewed (2) Such designation of critical habitat Physical or Biological Features journals, conservation plans developed would not be beneficial to the species. by States and counties, scientific status There is currently no imminent threat In accordance with section 3(5)(A)(i) surveys and studies, biological of take attributed to collection or and 4(b)(1)(A) of the Act and regulations assessments, other unpublished vandalism for either of these species, at 50 CFR 424.12, in determining which materials, or experts’ opinions or and identification and mapping of areas within the geographic area personal knowledge. critical habitat is not expected to initiate occupied by the species at the time of Habitat is dynamic, and species may any such threat. In the absence of listing to designate as critical habitat, move from one area to another over finding that the designation of critical we consider the physical or biological time. We recognize that critical habitat habitat would increase threats to a features that are essential to the designated at a particular point in time species, if there are any benefits to a conservation of the species and which may not include all of the habitat areas critical habitat designation, then a may require special management that we may later determine are prudent finding is warranted. Here, the considerations or protection. These necessary for the recovery of the potential benefits of designation include, but are not limited to: species. For these reasons, a critical include: (1) Triggering consultation (1) Space for individual and habitat designation does not signal that under section 7 of the Act, in new areas population growth and for normal habitat outside the designated area is for actions in which there may be a behavior; unimportant or may not be needed for Federal nexus where it would not (2) Food, water, air, light, minerals, or recovery of the species. Areas that are otherwise occur because, for example, it other nutritional or physiological important to the conservation of the is or has become unoccupied or the requirements; species, both inside and outside the occupancy is in question; (2) focusing (3) Cover or shelter; critical habitat designation, will be conservation activities on the most (4) Sites for breeding, reproduction, or subject to: (1) Conservation actions essential features and areas; (3) rearing (or development) of offspring; implemented under section 7(a)(1) of providing educational benefits to State and

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(5) Habitats that are protected from occur at elevations from approximately behavior that may be based more on the disturbance or are representative of the 2,300–8,200 ft (700 m–2,500 m), presence of prey than the type of historical, geographic, and ecological inhabiting Petran Montane Conifer substrate. distributions of a species. Forest, Great Basin Conifer Woodland, Both northern Mexican and narrow- We derived the specific physical or Interior Chaparral, and the Arizona headed gartersnakes are largely biological features (PBFs) required for Upland subdivision of Sonoran dependent on native fish as a primary the northern Mexican and narrow- Desertscrub communities (Rosen and source of food, but have been observed headed gartersnakes from the best Schwalbe 1988, p. 33; Brennan and using nonnative, soft-rayed fish species available scientific and commercial Holycross 2006, p. 122; Burger 2008). as prey on occasion; for narrow-headed information available, including Northern Mexican gartersnakes gartersnakes, fish are the principle prey research of these species’ habitat, employ a variety of strategies when item (Rosen and Schwalbe 1988, pp. 18, ecology, and life history as described foraging for prey. Rosen and Schwalbe 38–39; Degenhardt et al. 1996, p. 328; below. Additional insight is provided by (1988, p. 21) observed: (1) Aquatic and Rossman et al. 1996, p. 247; Nowak Rosen and Schwalbe (1988, pp. 14–48), terrestrial ambush; (2) aquatic foraging 2006, p. 22). Therefore, habitat-based Degenhardt et al. (1996, pp. 317–319, in riffles, vegetation mats, and in open attributes that are important for the 326–328), Rossman et al. (1996, pp. 55– water (such as pool habitat, stock tanks, survival of fish prey species are equally 116, 171–177, 241–248), and Ernst and etc.); and (3) opportunistic important for the survival of northern Ernst (2003, pp. 391–393, 416–419). We capitalization on transitory Mexican and narrow-headed gartersnakes. Many species of native have determined that the following concentrations of prey. These physical or biological features are and nonnative soft-rayed fish require observations suggest that areas with essential for northern Mexican and unregulated flows (or flooding) for: (1) slow riffles, pools, and backwater narrow-headed gartersnakes: Removing excess sediment from some habitat are important for prey portions of the stream; (2) removing Space and Physical Habitat acquisition, because the prey of predatory nonnative, spiny-rayed fish Requirements for Individual and northern Mexican gartersnakes are species from a given area; and (3) Population Growth and for Normal largely aquatic and the snakes increasing prey species diversity. Flows Behavior themselves need to remain somewhat fluctuate seasonally, with snowmelt stabilized to allow for striking Both the northern Mexican and causing spring pulses and occasional narrow-headed gartersnakes depend on behaviors. Narrow-headed gartersnakes floods, and late-summer or monsoonal the presence of water, primarily for the often forage underwater, using rains producing floods of varying maintenance of their primary aquatic concealment and ambush behaviors intensity and duration. These high flows prey bases, not because their own within and between boulder and cobble likely rejuvenate spawning and foraging physiology requires an aquatic complexes along the bottom of streams habitat for native and nonnative, soft- environment. The northern Mexican (Rosen and Schwalbe 1988; p. 39). rayed fish (Propst et al. 1986, p. 3), gartersnake is a riparian obligate and Hibbitts and Fitzgerald (2005, p. 364) break-up embedded bottom materials occurs chiefly in streams, rivers, described their hunting technique in (Mueller 1984, p. 355), stimulate cienegas, stock tanks, and spring greater detail, which included spawning, and enhance recruitment of sources that are often found within anchoring their body with their tail native species by eliminating or large-river riparian woodlands and around rocks on the bottom of streams reducing populations of harmful forests and streamside gallery forests and orienting themselves in position nonnative species (Stefferud and Rinne (defined as well-developed broadleaf with the current, with their head and 1996a, p. 80), such as spiny-rayed fish. deciduous riparian forests with limited, neck exposed to the force of the water Flooding also allows for the scouring of if any, herbaceous ground cover or and the body unanchored on the sand and gravel in riffle areas, which dense grass) (Hendrickson and Minckley substrate to allow for forward directed reduces the degree of embeddedness of 1984, p. 131; Rosen and Schwalbe 1988, strikes. Narrow-headed gartersnakes are cobble and boulder substrates (Britt pp. 14–16; Arizona Game and Fish believed to be mainly visual hunters 1982, p. 45). Typically, sediment is Department 2001, p. 2). Northern (Hibbitts and Fitzgerald 2005, p. 364) carried along the bed of a stream and Mexican gartersnakes occur at and heavily dependent on visual cues deposited at the downstream, elevations from 130 to 8,497 feet (ft) (40 when foraging, based on comparative undersurface side of cobbles and to 2,590 meters (m)) (Rossman et al. analyses among other species of boulders. Over time, this can result in 1996, p. 172), and in a wide range of gartersnakes (de Queiroz 2003, p. 381). the filling of cavities under cobbles and biotic communities, including Sonoran However, foraging activity that occurs boulders (Rinne 2001, p. 69). Flooding Desertscrub at the lower elevations, during the monsoon season, which is removes the extra sediment, and the through Semidesert Grassland, Interior characterized by turbid water cavities created under cobbles by the Chaparral, and Madrean Evergreen conditions, suggests they also use scouring action of the flood waters Woodland and into the lower reaches of chemosensory abilities to direct strikes. provide enhanced opportunities for Petran Montane Conifer Forest as This information suggests that the spawning of native fish, as well as elevation increases (Brennan and presence of rock structure along the foraging opportunities, particularly for Holycross 2006, p. 122). Narrow-headed bottom of streams is important to narrow-headed gartersnakes. gartersnakes are widely considered to be narrow-headed gartersnakes in In addition to aquatic habitat, one of the most aquatic gartersnake compensating for the inertia of flow and northern Mexican and narrow-headed species (Rossman et al. 1996, p. 246), for providing opportunities for gartersnakes rely on terrestrial habitat and are strongly associated with clear, camouflage-based ambush. However, for thermoregulation, gestation, shelter, rocky streams, using predominantly Fitzgerald (1986; Table 4) also found protection from predators, immigration, pool and riffle habitat that includes narrow-headed gartersnakes foraging in emigration, and brumation (cold-season cobbles and boulders (Rosen and stream and river reaches characterized dormancy). The northern Mexican Schwalbe 1988, pp. 33–34; Degenhardt as having sandy substrates. These gartersnake also uses terrestrial habitat et al. 1996, p. 327; Rossman et al. 1996, observations suggest a more for foraging opportunities when primary p. 246). Narrow-headed gartersnakes opportunistic nature of foraging prey items, such as leopard frogs and

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native fish, are uncommon or absent need of narrow-headed gartersnakes to appears to be uniquely tied to the from aquatic habitats. Rosen (1991, pp. thermoregulate at higher elevations presence of adequate native prey 308–309) found that northern Mexican makes optimal basking sites, such as populations, and, in some cases, gartersnakes spent approximately 60 shrubs and snags, essential (Rosen and nonnative prey species consisting of percent of their time moving, 13 percent Schwalbe 1988, p. 34). Pregnant female larval and juvenile bullfrogs, as well as of their time basking on vegetation, 18 narrow-headed gartersnakes are rarely soft-rayed, nonnative fish species percent of their time basking on the encountered near streams, apparently (Rosen and Schwalbe 1988, pp. 18, 20, ground, and 9 percent of their time moving away from water during 44; Holycross et al. 2006, p. 23). under surface cover. Foraging may occur gestation, in favor of the higher thermal Generally, the diet of the northern spontaneously and opportunistically environs of rock piles (Rosen and Mexican gartersnake consists during any of these behaviors. In Schwalbe 1988, pp. 33–34, 48). predominantly of amphibians and studying the Mexican gartersnake, Telemetry data presented in Nowak fishes, but other invertebrates and Drummond and Marcı´as-Garcı´a (1983, (2006, pp. 17–18) suggest that terrestrial vertebrate species may also be used pp. 24, 35) found individuals wandering habitat is important to narrow-headed opportunistically (Gregory et al. 1980, hundreds of meters away from water, gartersnakes; home ranges were often set pp. 87, 90–92; Rosen and Schwalbe perhaps in response to a decline or up perpendicular to the stream channel, 1988, pp. 18, 20; Holm and Lowe 1995, while others were parallel to the disappearance of the prey base. pp. 30–31; Degenhardt et al. 1996, p. channel. This orientation of home Observation records for northern 318; Rossman et al. 1996, p. 176; ranges likely indicates the species uses Mexican gartersnakes from semi-remote Manjarrez 1998). Marcı´as-Garcı´a and both active and inactive channels, livestock tanks and spring sources Drummond (1988, pp. 129–134) found suggest the species moves across the depending on the activity. Such channels are typically found within 600 that adult northern Mexican local landscape as part of its foraging gartersnakes in Hidalgo, Mexico, ecology. Rosen and Schwalbe (1988, p. ft (182.9 m) of active stream channels. For example, it is ecologically primarily fed on aquatic vertebrates, 47) suggested that vegetation such as whereas juveniles often fed on knotgrass, deergrass, sacaton, cattails, disadvantageous for an individual invertebrates, such as earthworms and tules, and spikerush were important to gartersnake to brumate within the leeches. Narrow-headed gartersnakes the northern Mexican gartersnake, as bankfull boundary of an active stream specialize on fish (primarily native fish well as the presence of rock piles. because of the risk of flooding, and and, secondarily, nonnative, soft-rayed Boyarski (2011, p. 3) found that four of subsequent drowning, during the cold- species, such as trout) as their principle five telemetered northern Mexican season dormancy period. This prey item (Rosen and Schwalbe 1988, gartersnakes over-wintered along a hypothesis is supported by the findings pp. 38–39; Nowak 2006, pp. 22–23; hillside ‘‘immediately south’’ of of Nowak (2006, pp. 19–21), which Degenhardt et al. 1996, p. 328; Rossman hatchery ponds where they spent the found telemetered narrow-headed et al. 1996, p. 247). Detailed information majority of their time during the gartersnakes using crevices in rock walls on the diet of northern Mexican and surface-active season, but the distance or large rock outcrops as over-wintering of those specific over-wintering sites sites, some as far as 650 ft (200 m) away narrow-headed gartersnakes is was not disclosed. However, Rosen and from the stream channel. Additionally, presented in the proposed rule to list Schwalbe (1988, p. 27) report observing micro-sites chosen as cover for both species as threatened under the northern Mexican gartersnakes at a gartersnakes may be artificial or natural; Act, which is published elsewhere in distance of 330 ft (100 m) away from Nowak (2006, p. 19) reported observing today’s Federal Register. permanent water. narrow-headed gartersnakes commonly Both the northern Mexican and using such items such as rock Important terrestrial habitat narrow-headed gartersnakes have been foundations and retaining walls, documented as highly vulnerable to components for the narrow-headed chimneys, and old water pipes under gartersnake include cobbles, boulders, effects from nonnative species as a house foundations, vegetation thickets, result of their competition with and bankside shrub vegetation for burrows, boulders, and downed logs. basking and foraging (Fleharty 1967, pp. gartersnakes for prey and effects from The largest home range documented by direct predation on the gartersnakes 215–216; Rosen and Schwalbe 1988, p. Jennings and Christman (2011, p. 18) for themselves (Rosen and Schwalbe 1988, 48; Ernst and Ernst 2003, p. 418). In the narrow-headed gartersnakes was pp. 28–31, 32, 44–45). We conducted a Black River and Oak Creek in Arizona, 239,077 square feet (22,211 square broad review of all available scientific the majority of narrow-headed meters), but home range sizes in this and commercial data, and have gartersnakes captured were observed study were considered to be determined that nonnative species, such under rocks or shoreline debris, which underestimated by the authors. may indicate these habitat components Therefore, based on the information as bullfrogs, crayfish, and spiny-rayed are ecologically important (Brennan and above, we identify the presence of fish, in the families Centrarchidae and Rosen 2009, pp. 7, 11). In order of aquatic habitats to support individual Ictaluridae, continue to be the most preference, Jennings and Christman and population growth, and support significant threat to northern Mexican (2011, pp. 14, 20) found that narrow- normal behavior, and the presence of and narrow-headed gartersnakes headed gartersnakes used rocks, logs or terrestrial habitats in appropriate throughout their respective ranges. Our stumps, and debris jams as cover. proximity to occupied aquatic habitats analysis of the roles that the declines in Narrow-headed gartersnake detections to support individual and population the anuran prey base, declines in the appear to correlate with the presence of growth, and support normal behavior, to native fish prey base, bullfrog predation, large willows growing along the be physical or biological features for crayfish interactions, and effects from streambank, which are used for basking these species. nonnative, spiny-rayed fish play with (Fernandez and Rosen 1996, p. 70). regard to the observed declines of the Holycross et al. (2006, p. 51) found that Biotic Community Requirements for northern Mexican and narrow-headed willows overhanging the stream channel Individual and Population Growth gartersnakes is presented in detail in the are particularly important for adult The success of northern Mexican and proposed rule to list both species as narrow-headed gartersnakes. The greater narrow-headed gartersnake populations threatened under the Act, which is

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published elsewhere in today’s Federal immigration, emigration, and brumation catesbeianus), and/or crayfish Register. (extended inactivity). (Orconectes virilis, Procambarus clarki, (3) A prey base consisting of viable etc.), or occurrence of these nonnative Primary Constituent Elements for populations of native amphibian and species at low enough levels such that Northern Mexican and Narrow-Headed native fish species. recruitment of narrow-headed Gartersnakes (4) An absence of nonnative fish gartersnakes and maintenance of viable Under the Act and its implementing species of the families Centrarchidae native fish or soft-rayed, nonnative fish regulations, we are required to identify and Ictaluridae, bullfrogs (Lithobates populations (prey) is still occurring. catesbeianus), and/or crayfish the physical or biological features Special Management Considerations or (Orconectes virilis, Procambarus clarki, essential to the conservation of northern Protection Mexican and narrow-headed etc.), or occurrence of these nonnative gartersnakes in areas occupied at the species at low enough levels such that When designating critical habitat, we time of listing, focusing on the features’ recruitment of northern Mexican assess whether the specific areas within primary constituent elements (PCEs). gartersnakes and maintenance of viable the geographic area occupied by the We consider primary constituent native fish or soft-rayed, nonnative fish species at the time of listing contain elements to be the elements of physical populations (prey) is still occurring. features which are essential to the conservation of the species and which or biological features that provide for a Narrow-Headed Gartersnake’s PCEs species’ life-history processes and are may require special management essential to the conservation of the Based on our current knowledge of considerations or protection. species. the physical or biological features and All areas proposed for designation as habitat characteristics required to critical habitat will require some level of Northern Mexican Gartersnake’s PCEs sustain the species’ life-history management to address the current and Based on our current knowledge of processes, we determine that the future threats to northern Mexican and the physical or biological features and primary constituent elements specific to narrow-headed gartersnakes and to habitat characteristics required to narrow-headed gartersnakes are: maintain or restore the PCEs. Special sustain the species’ life-history (1) Stream habitat, which includes: management within proposed critical processes, we determine that the a. Perennial or spatially intermittent habitat will be needed to ensure these primary constituent elements specific to streams with sand, cobble, and boulder areas provide adequate water quantity, northern Mexican gartersnakes are: substrate and low or moderate amounts quality, and permanence or near permanence; cover (particularly in the (1) Aquatic or riparian habitat that of fine sediment and substrate presence of harmful nonnative species); includes: embeddedness, and that possess an adequate prey base; and absence of a. Perennial or spatially intermittent appropriate amounts of pool, riffle, and run habitat to sustain native fish or low numbers of harmful nonnative streams of low to moderate gradient that species that can affect population possess appropriate amounts of in- populations; b. A natural, unregulated flow regime persistence. Activities that may be channel pools, off-channel pools, or that allows for periodic flooding or, if considered adverse to the conservation backwater habitat, and that possess a flows are modified or regulated, a flow benefits of proposed critical habitat natural, unregulated flow regime that regime that allows for adequate river include those which: (1) Completely allows for periodic flooding or, if flows functions, such as flows capable of dewater or reduce the amount of water are modified or regulated, a flow regime processing sediment loads; to unsuitable levels in proposed critical that allows for adequate river functions, c. Shoreline habitat with adequate habitat; (2) result in a significant such as flows capable of processing organic and inorganic structural reduction of protective cover within sediment loads; or complexity (e.g., boulders, cobble bars, proposed critical habitat when harmful b. Lentic wetlands such as livestock vegetation, and organic debris such as nonnative species are present; (3) tanks, springs, and cienegas; and downed trees or logs, debris jams), with remove or significantly alter structural c. Shoreline habitat with adequate appropriate amounts of shrub- and terrestrial features of proposed critical organic and inorganic structural sapling-sized plants to allow for habitat that alter natural behaviors such complexity to allow for thermoregulation, gestation, shelter, as thermoregulation, brumation, thermoregulation, gestation, shelter, protection from predators, and foraging gestation, and foraging; (4) appreciably protection from predators, and foraging opportunities; and diminish the prey base; and (5) directly opportunities (e.g., boulders, rocks, d. Aquatic habitat with no pollutants promote increases in harmful nonnative organic debris such as downed trees or or, if pollutants are present, levels that species populations or result in the logs, debris jams, small mammal do not affect survival of any age class of introduction of harmful nonnative burrows, or leaf litter); and the narrow-headed gartersnake or the species. d. Aquatic habitat with characteristics maintenance of prey populations. Common examples of these activities that support a native amphibian prey (2) Adequate terrestrial space (600 ft may include, but are not limited to, base, such as salinities less than 5 parts (182.9 m) lateral extent to either side of various types of development, per thousand, pH greater than or equal bankfull stage) adjacent to designated channelization, diversions, road to 5.6, and pollutants absent or stream systems with sufficient structural construction, erosion control, bank minimally present at levels that do not characteristics to support life-history stabilization, wastewater discharge, affect survival of any age class of the functions such as gestation, enhancement or expansion of human northern Mexican gartersnake or the immigration, emigration, and recreation opportunities, fish maintenance of prey populations. brumation. community renovations, and stocking of (2) Adequate terrestrial space (600 ft (3) A prey base consisting of viable nonnative, spiny-rayed fish species or (182.9 m) lateral extent to either side of populations of native fish species or promotion of policies that directly or bankfull stage) adjacent to designated soft-rayed, nonnative fish species. indirectly introduce harmful nonnative stream systems with sufficient structural (4) An absence of nonnative fish species as bait. characteristics to support life-history species of the families Centrarchidae The activities listed above are just a functions such as gestation, and Ictaluridae, bullfrogs (Lithobates subset of examples that have the

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potential to affect critical habitat and quick to escape underwater, and capable 2–69, 2–72, 2–75, 2–84 through 2–85; PCEs if they are conducted within of persisting in low or very low Federal Interagency Stream Restoration designated units; however, some of population densities that make positive Working Group 1998, p. 2–61). Riparian these activities, when conducted detections nearly impossible in areas filter runoff, absorb and gradually appropriately, may be compatible with structurally complex habitat. Therefore, release floodwaters, recharge maintenance of adequate PCEs. we considered factors such as the date groundwater, maintain streamflow, protect stream banks from erosion, and Criteria Used To Identify Critical of the last known records of either provide shade and cover for fish and Habitat species in an area, as well as records of one or more native prey species. We other aquatic species; all of these As required by section 4(b)(2) of the used all records for each species that functions contribute to the physical Act, we use the best scientific data were dated 1980 or later because the quality of gartersnake habitat. available to designate critical habitat. 1980s marked the first systematic survey Healthy riparian and adjacent upland We review available information efforts for these species across their areas help ensure water courses pertaining to the habitat requirements of ranges (see Rosen and Schwalbe (1988, maintain the habitat important for the species. In accordance with the Act entire) and Fitzgerald (1986, entire)) and aquatic species (e.g., see USFS 1979, pp. and its implementing regulation at 50 previous records were often dated 18, 109, 158, 264, 285, 345; Middle Rio CFR 424.12(e), we consider whether several decades prior and may not as Grande Biological Interagency Team designating additional areas—outside accurately represented the likelihood for 1993, pp. 64, 89, 94; Castelle et al. 1994, those currently occupied as well as occupation in current times. pp. 279–281) that are prey for northern those occupied at the time of listing— Additionally, in evaluating whether a Mexican and narrow-headed are necessary to ensure the conservation site should be considered currently gartersnakes, as well as for the snakes of the species. We are not currently occupied by these gartersnake species, a themselves. Habitat quality within the proposing to designate any areas outside record of a native prey species suggests mainstem river channels in the the geographic area considered that a source of prey may still be historical range of the northern Mexican occupied by the northern Mexican or available to gartersnakes in areas and narrow-headed gartersnakes is narrow-headed gartersnake because invaded by harmful nonnative species. intrinsically related to the character of occupied areas are distributed in several This provides evidence that either the floodplain and the associated subbasins and currently provide a gartersnake may still likely occur in a tributaries, side channels, and distribution and configuration of habitat given area if other sensitive, native, backwater habitats that contribute to areas sufficient for the conservation of aquatic or riparian species are also important habitat features that provide these species. present, despite limited or negative gartersnakes opportunities for foraging To identify areas proposed for critical survey data. Specifically, for both and basking in these reaches. We have habitat for the northern Mexican and determined that a relatively intact narrow-headed gartersnakes, we used a species, we considered a stream or geographic area as occupied if it is riparian area, along with periodic variety of sources which included flooding in a generally natural pattern, riparian species survey reports, museum within the historical range of the species, contains suitable habitat, and is important for maintaining the PCEs records, heritage data from State necessary for long-term conservation of wildlife agencies, peer-reviewed meets both of the following: (1) Has a last known record for either species the northern Mexican and narrow- literature, agency reports, interviews headed gartersnakes, as well as their dated 1980 or later, and (2) has at least with species experts, and regional primary prey species. one native prey species also present. Geographic Information System (GIS) The lateral extent (width) of riparian coverages. Some information sources The shape, size, and scope of corridors fluctuates considerably were used heavily in determining the proposed critical habitat can be between a stream’s headwaters and its current and historical distributions of evaluated in terms of its length (number mouth. The appropriate width of northern Mexican and narrow-headed of stream miles), width (lateral extent, riparian terrestrial habitat to protect gartersnakes such as Fitzgerald (1986, in feet), or area (number of acres). With stream function has been the subject of entire), Rosen and Schwalbe (1988, respect to length (in proposed several studies and varies depending on entire), Rosen et al. (2001, entire), and designations based on flowing streams), the specific function (Castelle et al. Holycross et al. (2006, entire), as they the proposed areas were designed to 1994, pp. 879–881). Most Federal and comprise the majority of rangewide provide sufficient aquatic and terrestrial State agencies generally consider a zone survey information for these species. habitat for normal behaviors of northern 75 to 150 ft (23 to 46 m) wide on each Hellekson (2012a, pers. comm.) was an Mexican and narrow-headed side of a stream to be adequate (Natural important source of information gartersnakes of all age classes. In Resource Conservation Service 1998, pertaining to narrow-headed gartersnake addition, with respect to width, we pp. 2–3; Moring et al. 1993, p. 204; status in New Mexico. In addition to evaluated the lateral extent (terrestrial Lynch et al. 1985, p. 164), although reviewing gartersnake-specific survey space) necessary to support the PCEs for widths as wide as 500 ft (152 m) have reports, we also focused on survey northern Mexican and narrow-headed been recommended for achieving flood reports for fish and amphibians as they gartersnakes. The resulting designations attenuation benefits (U.S. Army Corps captured important data on the existing take into account the naturally dynamic 1999, pp. 5–29). In most instances, community ecology that affects the nature of riverine systems, floodplains, however, adequate riparian space is status of these gartersnakes within their and riparian habitat (including adjacent primarily intended to reduce range. upland areas) that are an integral part of detrimental impacts to the stream from Critical habitat for both gartersnake these gartersnakes’ ecology. For sources outside the river channel, such species is being proposed in areas example, riparian areas are seasonally as pollutants, in adjacent areas. considered currently occupied. Survey flooded habitats (i.e., wetlands) that are Consequently, while a riparian corridor information for both species is major contributors to a variety of 75 to 150 ft (23 to 46 m) in width may significantly lacking in many streams, functions vital to the gartersnakes’ fish protect water quality and provide some and both species of gartersnake are prey base within the associated stream level of riparian habitat protection, a cryptic, secretive, difficult to detect, channel (Brinson et al. 1981, pp. 2–61, wider area would provide full

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protection of riparian habitat because standard measurement for stream suitable northern Mexican and narrow- the stream itself can move within the systems. Unlike trees, cliff faces, and headed gartersnake habitat as described floodplain in response to high flow other immovable habitat elements, by the best available scientific and events, and also provide terrestrial stream systems provide habitat that is in commercial information. space required by northern Mexican and constant change. Following high flow When determining proposed critical narrow-headed gartersnakes to engage in events, stream channels can move from habitat boundaries, we made every normal behaviors such as foraging, one side of a canyon to the opposite effort to avoid including large basking, gestation, brumation, side, for example. developed areas such as lands covered establishing home ranges, dispersal, and Designating critical habitat based on by buildings, pavement, and other so forth. Using telemetry data (Nowak the location of the stream on a specific structures because such lands lack 2006, pp. 19–21), the farthest distance a date is problematic for maintaining physical or biological features for the narrow-headed gartersnake has been important habitat elements. For northern Mexican and narrow-headed detected from water is 650 ft (200 m), example, the area within such a gartersnakes. While reptiles, including while Rosen and Schwalbe (1988, p. 27) designation could transition from gartersnakes, may use artificial materials report observing a northern Mexican providing aquatic habitat and prey to for cover, areas that have been gartersnake at a distance of 330 ft (100 become a dry channel in a short period significantly altered by construction- m) away from permanent water. Based of time as a result of a high flow event related development are not generally on the literature, we expect the majority and the subsequent shift in the location suitable for gartersnakes or their prey of terrestrial activity for both species of the channel. species. The scale of the maps we occurs within 600 ft (182.9 m) of We determined the 600-ft (182.9-m) prepared under the parameters for permanent water in lotic habitat. lateral extent for several reasons. publication within the Code of Federal Although we considered using either Regulations may not reflect the We believe a 600-ft (182.9-m) lateral the 100-year or 500-year floodplain, as exclusion of such developed lands. Any extent to either side of bankfull stage defined by the Federal Emergency such lands inadvertently left inside will sufficiently protect the majority of Management Agency, we found that the critical habitat boundaries shown on the important terrestrial habitat; provide information was not readily available maps of this proposed rule have been brumation, gestation, and dispersal from the Federal Emergency excluded by text in the proposed rule opportunities; and reduce the impacts of Management Agency or from the U.S. and are not proposed for designation as high flow events, thereby providing Army Corps of Engineers for remote critical habitat. Therefore, if critical adequate protection to proposed critical areas we are proposing for designation. habitat is finalized as proposed, a habitat areas. We believe this width is Therefore, we selected the 600-ft (182.9- Federal action involving these lands necessary to accommodate stream m) lateral extent, rather than some other would not trigger section 7 consultation properties such as meandering and high delineation, for four biological reasons: with respect to critical habitat and the flows, and ensure these designations (1) The biological integrity and natural requirement of no adverse modification, contain ample terrestrial space such that dynamics of the river system and unless the specific action would affect features essential to the conservation of associated riparian habitat are the physical or biological features in the these gartersnakes and their prey maintained within this area (i.e., the adjacent critical habitat. species can occur naturally. Bankfull floodplain and its riparian vegetation We are proposing for designation of stage is defined as the upper level of the provide space for natural flooding critical habitat lands that we have range of channel-forming flows, which patterns and latitude for necessary determined are occupied at the time of transport the bulk of available sediment natural channel adjustments to maintain listing and contain sufficient elements over time. Bankfull stage is generally appropriate channel morphology and of physical or biological features to considered to be that level of stream geometry, store water for slow release to support life-history processes essential discharge reached just before flows spill maintain base flows, provide protected for the conservation of the species. out onto the adjacent floodplain. The side channels and other protected areas, Units are proposed for designation discharge that occurs at bankfull stage, and allow the river to meander within based on sufficient elements of physical in combination with the range of flows its main channel in response to large or biological features being present to that occur over a length of time, govern flow events); (2) conservation of the support the northern Mexican and the shape and size of the river channel adjacent riparian area also helps to narrow-headed gartersnakes’ life-history (its geomorphology) (Rosgen 1996, pp. provide important nutrient recharge to processes. Some units contain all of the 2–2 to 2–4; Leopold 1997, pp. 62– 63, benefit the food web and protection identified elements of physical or 66). The use of bankfull stage and 600 from sediment and pollutants; (3) biological features and support multiple ft (182.9 m) on either side recognizes the vegetated lateral zones are widely life-history processes. Some segments naturally dynamic nature of riverine recognized as providing a variety of contain only some elements of the systems, recognizes that floodplains are aquatic habitat functions and values physical or biological features necessary an integral part of the stream ecosystem, (e.g., aquatic habitat for prey such as to support the northern Mexican and and contains sufficient terrestrial space fish and other aquatic organisms and narrow-headed gartersnakes’ particular and associated features essential to the detritus for aquatic food webs) and help use of that habitat. conservation of the northern Mexican improve or maintain local water quality The critical habitat designation is and narrow-headed gartersnakes. (see U.S. Army Corps of Engineers’ defined by the maps, as modified by any Bankfull stage is not an ephemeral Final Notice of Issuance and accompanying regulatory text, presented feature, meaning it does not disappear. Modification of Nationwide Permits, at the end of this document in the Bankfull stage can always be March 9, 2000, 65 FR 12818); and (4) a Proposed Regulation Promulgation determined and delineated for any 600-ft (182.9-m) buffer contributes to the section. We include more detailed stream we have designated as critical functioning of a river or stream system information on the proposed boundaries habitat. We acknowledge that the and provides adequate terrestrial space of the critical habitat designation in the bankfull stage of any given stream may for normal northern Mexican and preamble of this document. We will change depending on the magnitude of narrow-headed gartersnake behaviors, make the coordinates or plot points or a flood event, but it is a definable and thereby supporting the PCEs needed for both on which each map is based

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available to the public on http:// propose as critical habitat for the (5) Tonto Creek Subbasin; and (6) Verde www.regulations.gov at Docket No. northern Mexican gartersnake include River Subbasin. All units for both FWS–R2–ES–2013–0022, on our lands in the following areas: (1) Gila species are considered occupied. It is Internet site at http://www.fws.gov/ River Mainstem; (2) Mule Creek; (3) Bill important to recognize that while all southwest/es/arizona, and at the field Williams River; (4) Agua Fria River units for both species are considered office responsible for the designation Subbasin; (5) Upper Salt River occupied, the majority of populations in (see FOR FURTHER INFORMATION CONTACT Subbasin; (6) Tonto Creek; (7) Verde these proposed critical habitat units are above). River Subbasin; (8) Upper Santa Cruz currently considered likely not viable River Subbasin; (9) Redrock Canyon; into the future. We have concluded that Proposed Critical Habitat Designation (10) Buenos Aires National Wildlife 83 percent of the northern Mexican We are proposing 14 units as critical Refuge; (11) Cienega Creek Subbasin; gartersnake’s populations in the United habitat for the northern Mexican (12) San Pedro River Subbasin; (13) States and 76 percent of the narrow- gartersnake and 6 units as critical Babocomari River Subbasin; and (14) habitat for the narrow-headed the San Bernardino National Wildlife headed gartersnake’s populations occur gartersnake. The critical habitat areas Refuge (SBNWR). The six units we at low densities and are likely not we describe below constitute our propose as critical habitat for the viable. Please see Appendix A (available current best assessment of areas that narrow-headed gartersnake are: (1) at http://www.regulations.gov under meet the definition of critical habitat for Upper Gila River Subbasin; (2) Middle Docket No. FWS–R2–ES–2013–0022) for the northern Mexican and narrow- Gila River Subbasin; (3) San Francisco detailed information on occupancy headed gartersnakes. The 14 units we River Subbasin; (4) Salt River Subbasin; status.

TABLE 3a—LAND OWNERSHIP FOR PROPOSED CRITICAL HABITAT UNITS FOR THE NORTHERN MEXICAN GARTERSNAKE [Area estimates reflect all land within critical habitat unit boundaries. County-owned lands are considered as private lands]

Land ownership by type Unit Subunit Size of unit Federal State Tribal Private

Upper Gila River ...... 10,845 ac (4,389 467 ac (189 ha) ...... 9,822 ac (3,975 21,135 ac (8,553 ha). ha). ha).

Unit Total ...... 10,845 ac (4,389 467 ac (189 ha) ...... 9,822 ac (3,975 21,135 ac (8,553 ha). ha). ha). Mule Creek ...... 1,327 ac (537 ha) ...... 1,253 ac (507 ha) 2,579 ac (1044 ha).

Unit Total ...... 1,327 ac (537 ha) ...... 1,253 ac (507 ha) 2,579 ac (1044 ha). Bill Williams River ...... 3,820 ac (1,546 516 ac (209 ha) ...... 1,076 ac (435 ha) 5,412 ac (2,190 ha). ha).

Unit Total ...... 3,820 ac (1,546 516 ac (209 ha) ...... 1,076 ac (435 ha) 5,412 ac (2,190 ha). ha). Agua Fria River Agua Fria River 3,313 ac (1,341 918 ac (372 ha) ...... 2,758 ac (1,116 6,989 ac (2,828 Subbasin. Mainstem. ha). ha). ha). Little Ash Creek .. 877 ac (355 ha) ...... 80 ac (32 ha) ...... 957 ac (387 ha).

Unit Total ...... 4,010 ac (1,696 918 ac (372 ha) ...... 2,838 ac (1,148 7,946 ac (3,215 ha). ha). ha). Upper Salt River Black River ...... 2,632 ac (1,065 ...... 13,760 ac (5,569 ...... 16,392 ac (6,634 Subbasin. ha). ha). ha). Big Bonito Creek ...... 5,826 ac (2,358 ...... 5,826 ac (2,358 ha). ha).

Unit Total ...... 2,632 ac (1,065 ...... 19,586 ac (7,927 ...... 22,218 ac (8,991 ha). ha). ha). Tonto Creek ...... 7,766 ac (3,143 ...... 1,170 ac (474 ha) 8,936 ac (3,616 ha). ha).

Unit Total ...... 7,766 ac (3,143 ...... 1,170 ac (474 ha) 8,936 ac (3,616 ha). ha). Verde River Upper Verde 13,903 ac (5,626 1,209 ac (489 ha) 192 ac (78 ha) .... 5,223 ac (2,114 20,526 ac (8,307 Subbasin. River. ha). ha). ha). Oak Creek ...... 1,873 ac (758 ha) 274 ac (111 ha) ...... 3,386 ac (1,370 5,533 ac (2,239 ha). ha). Spring Creek ...... 2,572 ac (1,041 188 ac (76 ha) ...... 371 ac (150 ha) .. 3,131 ac (1,267 ha). ha).

Unit Total ...... 18,348 ac (7,425 1,671 ac (676 ha) 192 ac (78 ha) .... 8,980 ac (3,634 29,191 ac (11,813 ha). ha). ha). Upper Santa Cruz ...... 77,387 ac (31,318 3,969 ac (1,606 ...... 32,538 ac (13,168 113,895 ac River Subbasin. ha). ha). ha). (46,092 ha).

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TABLE 3a—LAND OWNERSHIP FOR PROPOSED CRITICAL HABITAT UNITS FOR THE NORTHERN MEXICAN GARTERSNAKE— Continued [Area estimates reflect all land within critical habitat unit boundaries. County-owned lands are considered as private lands]

Land ownership by type Unit Subunit Size of unit Federal State Tribal Private

Unit Total ...... 77,387 ac (31,318 3,969 ac (1,606 ...... 32,538 ac (13,168 113,895 ac ha). ha). ha). (46,092 ha). Redrock Canyon ...... 1,423 ac (576 ha) ...... 549 ac (222 ha) .. 1,972 ac (798 ha).

Unit Total ...... 1,423 ac (576 ha) ...... 549 ac (222 ha) .. 1,972 ac (798 ha). Buenos Aires Na- ...... 117,313 ac ...... 117,313 ac tional Wildlife (47,475 ha). (47,475 ha). Refuge.

Unit Total ...... 117,313 ac ...... 117,313 ac (47,475 ha). (47,475 ha). Cienega Creek Cienega Creek .... 24 ac (10 ha) ...... 1,078 ac (436 ha) ...... 11 ac (4 ha) ...... 1,113 ac (450 ha). Subbasin. Las Cienegas Na- 39,913 ac (16,152 5,105 ac (2,066 ...... 1 ac (<1 ha) ...... 45,020 ac (18,219 tional Con- ha). ha). ha). servation Area. Cienega Creek ...... 4,260 ac (1,724 4,260 ac (1,724 Natural Pre- ha). ha). serve.

Unit Total ...... 39,937 ac (16,162 6,183 ac (2,502 ...... 4,272 ac (1,728 50,393 ac (20,393 ha). ha). ha). ha). San Pedro River San Pedro River 6,973 ac (2,822 1,163 ac (470 ha) 76 ac (31 ha) ...... 14,456 ac (5,850 22,669 ac (9,174 Subbasin. ha). ha). ha). Bear Canyon 639 ac (259 ha) ...... 383 ac (155 ha) .. 1,022 ac (414 ha). Creek.

Unit Total ...... 7,612 ac (3,081 1,163 ac (470 ha) 76 ac (31 ha) ...... 14,839 ac (6,005 23,690 ac (9,587 ha). ha). ha). Babocomari River Babocomari River/ 625 ac (253 ha) .. 56 ac (23 ha) ...... 2,773 ac (1,122 3,454 ac (1,398 Subbasin. Cienega. ha). ha). Post Canyon ...... 431 ac (175 ha) ...... 363 ac (147 ha) .. 795 ac (322 ha). O’Donnell Canyon 124 ac (50 ha) ...... 274 ac (111 ha) .. 398 ac (161 ha). Turkey Creek ...... 888 ac (359 ha) .. 2 ac (1 ha) ...... 788 ac (319 ha) .. 1,678 ac (679 ha). Appleton-Whittell 5,283 ac (2,138 ...... 2,515 ac (1,018 7,798 ac (3,156 Research ha). ha). ha). Ranch. Canelo Hills ...... 213 ac (86 ha) .... 213 ac (86 ha). Cienega Pre- serve.

Unit Total ...... 7,351 ac (2,975 58 ac (24 ha) ...... 6,926 ac (2,803 14,334 ac (5,801 ha). ha). ha). San Bernardino Na- ...... 2,387 ac (966 ha) ...... 2,387 ac (966 ha). tional Wildlife Refuge.

Total ...... 302,338 ac 14,966 ac (6,057 19,855 ac (8,035 84,263 ac (34,100 421,423 ac (122,352 ha). ha). ha). ha). (170,544 ha). Note: Numbers may not sum due to rounding.

TABLE 3b—LAND OWNERSHIP FOR PROPOSED CRITICAL HABITAT UNITS FOR NARROW-HEADED GARTERSNAKES [Area estimates reflect all land within critical habitat unit boundaries. County-owned lands are considered as private lands]

Land ownership by type Unit Subunit Size of unit Federal State Tribal Private

Upper Gila River Gila River ...... 10,845 ac (4,389 467 ac (189 ha) ...... 9,822 ac (3,975 21,135 ac (8,553 Subbasin. ha). ha). ha). East Fork Gila 2,929 ac (1,185 ...... 649 ac (263 ha) .. 3,579 ac (1,148 River. ha). ha). West Fork Gila 4,793 ac (1,940 ...... 376 ac (152 ha) .. 5,169 ac (2,092 River. ha). ha). Middle Fork Gila 4,875 ac (1,973 ...... 89 ac (36 ha) ...... 4,964 ac (2,009 River. ha). ha).

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TABLE 3b—LAND OWNERSHIP FOR PROPOSED CRITICAL HABITAT UNITS FOR NARROW-HEADED GARTERSNAKES— Continued [Area estimates reflect all land within critical habitat unit boundaries. County-owned lands are considered as private lands]

Land ownership by type Unit Subunit Size of unit Federal State Tribal Private

Black Canyon ...... 3,465 ac (1,402 ...... 38 ac (15 ha) ...... 3,503 ac (1,418 ha). ha). Diamond Creek ... 2,995 ac (1,212 ...... 550 ac (223 ha) .. 3,545 ac (1,435 ha). ha). Gilita Creek ...... 1,704 ac (690 ha) ...... 1,704 ac (690 ha). Iron Creek ...... 1,731 ac (701 ha) ...... 1,731 ac (701 ha). Little Creek ...... 2,223 ac (900 ha) ...... 13 ac (5 ha) ...... 2,236 ac (905 ha). Turkey Creek ...... 2,338 ac (946 ha) ...... 2,338 ac (946 ha).

Unit Total ...... 37,898 ac (15,338 467 ac (189 ha) ...... 11,537 ac (4,669 49,903 ac (20,195 ha). ha). ha). Middle Gila River Gila River ...... 422 ac (171 ha) ...... 11 ac (4 ha) ...... 432 ac (175 ha). Subbasin. Eagle Creek ...... 2,016 ac (816 ha) 54 ac (22 ha) ...... 2,258 ac (1,035 3,754 ac (1,519 8,382 ac (3,392 ha). ha). ha).

Unit Total ...... 2,438 ac (987 ha) 54 ac (22 ha) ...... 2,258 ac (1,035 3,765 ac (1,523 8,814 ac (3,567 ha). ha). ha). San Francisco River San Francisco 15,661 ac (6,338 216 ac (88 ha) ...... 7,300 ac (2,954 23,178 ac (9,380 Subbasin. River. ha). ha). ha). Blue River ...... 6,484 ac (2,624 ...... 948 ac (383 ha) .. 7,432 ac (3,007 ha). ha). Campbell Blue 2,888 ac 1,169 ...... 120 ac (49 ha) .... 3,008 ac (1,217 Creek. ha). ha). Dry Blue Creek ... 1,320 ac (534 ha) ...... 1,320 ac (534 ha). South Fork Ne- 1,383 ac (560 ha) ...... 100 ac (40 ha) .... 1,483 ac (600 ha). grito Creek. Saliz Creek ...... 852 ac (345 ha) ...... 247 ac (100 ha) .. 1,099 ac (445 ha). Tularosa River ..... 1,875 ac (759 ha) ...... 2,852 ac (1,154 4,728 ac (1,913 ha). ha). Whitewater Creek 2,282 ac (923 ha) ...... 547 ac (221 ha) .. 2,289 ac (1,145 ha).

Unit Total ...... 32,745 ac (13,252 216 ac (88 ha) ...... 12,114 ac (4,901 45,075 ac (18,241 ha). ha). ha). Upper Salt River Salt River ...... 5,342 ac (2,162 ...... 7,502 ac (3,036 33 ac (13 ha) ...... 12,877 ac (5,211 Subbasin. ha). ha). ha). White River ...... 2,588 ac (1,047 ...... 2,588 ac (1,047 ha). ha). Canyon Creek ..... 1,182 ac (478 ha) ...... 6,160 ac (2,493 3 ac (1 ha) ...... 7,346 ac (2,973 ha). ha). Carrizo Creek ...... 158 ac (64 ha) ...... 8,875 ac (3,592 ...... 9,033 ac (1,229 ha). ha). Cibecue Creek ...... 6,669 ac (2,699 ...... 6,669 ac (2,699 ha). ha). Diamond Creek ...... 3,117 ac (1,261 ...... 3,117 ac (1,261 ha). ha). Black River ...... 2,632 ac (1,065 ...... 13,752 ac (5,565 ...... 16,384 ac (6,630 ha). ha). ha).

Unit Total ...... 9,314 ac (3,769 ...... 48,663 ac (19,693 36 ac (14 ha) ...... 58,014 ac (23,478 ha). ha). ha). Tonto Creek Haigler Creek ...... 2,831 ac (1,146 ...... 206 ac (83 ha) .... 3,037 ac (1229 Subbasin. ha). ha). Houston Creek .... 1,747 ac (707 ha) ...... 299 ac (121 ha) .. 2,046 ac (828 ha). Tonto Creek ...... 7,017 ac (2,840 ...... 696 ac (282 ha) .. 7,712 ac (3,121 ha). ha).

Unit Total ...... 11,595 ac (4,693 ...... 1,201 ac (486 ha) 12,795 ac (5,178 ha). ha). Verde River Verde River ...... 12,098 ac (4,896 1,209 ac (489 ha) 192 ac (78 ha) .... 5,223 ac (2114 18,721 ac (7576 Subbasin. ha). ha). ha). Oak Creek ...... 3,340 ac (1,352 328 ac (133 ha) ...... 3,701 ac (1,498 7,369 ac (2,982 ha). ha). ha). West Fork Oak 2,137 ac (865 ha) ...... 2,137 ac (865 ha). Creek.

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TABLE 3b—LAND OWNERSHIP FOR PROPOSED CRITICAL HABITAT UNITS FOR NARROW-HEADED GARTERSNAKES— Continued [Area estimates reflect all land within critical habitat unit boundaries. County-owned lands are considered as private lands]

Land ownership by type Unit Subunit Size of unit Federal State Tribal Private

East Verde River 6,682 ac (2,704 ...... 678 ac (274 ha) .. 7,360 ac (2,978 ha). ha).

Unit Total ...... 24,257 ac (9,817 1,537 ac (622 ha) 192 ac (78 ha) .... 9,602 ac (3,886 35,586 ac (14,401 ha). ha). ha).

Total ...... 118,247 ac 2,275 ac (921 ha) 51,415 ac (20,807 38,253 ac (15,480 210,189 ac (47,853 ha). ha). ha). (85,060 ha). Note: Numbers may not sum due to rounding.

The following are brief descriptions of New Mexico State Land Departments. intensity wildfires; and human all units and our reasoning as to why Several reaches of the Gila River in New development of areas adjacent to they meet the definition of critical Mexico have been adversely affected by proposed critical habitat. habitat for the northern Mexican channelization and diversions, which Mule Creek Unit gartersnake or the narrow-headed have reduced or eliminated baseflow. gartersnake. As a whole, however, this unit contains The Mule Creek Unit is generally sufficient physical or biological features, Northern Mexican Gartersnake located in southwestern New Mexico in including PCEs 1 (aquatic habitat the vicinity of Mule Creek, New Mexico Upper Gila River Unit characteristics) and 2 (terrestrial habitat (Grant and Catron Counties). This unit The Upper Gila River Unit is characteristics), but PCEs 3 (prey base) consists of a total of 2,579 acres (1,044 generally located in southwestern New and 4 (absence or low level of harmful ha) along 19 stream mi (30 km) of Mexico in the Gila Wilderness of the nonnative species) are deficient. Special proposed critical habitat along Mule Gila National Forest in Hidalgo and management may be required to Creek. Land ownership or land Grant Counties, New Mexico, and maintain or develop the physical or management within this unit consists of eastern Arizona in Graham County. This biological features, including the lands managed by the U.S. Forest unit consists of a total of 21,135 acres elimination or reduction of harmful Service and private ownership. The (8,553 ha) along 148 stream mi (239 km) nonnative species and improving the identified area described in the Mule of proposed critical habitat along the status of ranid frog populations. Lands Creek Unit has records for northern Gila River mainstem. Land ownership or within The Nature Conservancy’s Gila Mexican gartersnakes since 1980, and is land management within this unit Riparian Preserve in this unit are being considered as being within the consists of lands managed by the U.S. considered for exclusion from the final geographical area currently occupied by Forest Service, New Mexico Department rule for critical habitat under section the species. We are proposing this area of Game and Fish, State Trust lands, and 4(b)(2) of the Act (see Application of under section 3(5)(A)(i) of the Act private ownership. The identified area Section 4(b)(2) of the Act below). because it is occupied by the species described in the Upper Gila River Unit The Upper Gila River Unit is and because it contains essential has records since 1980 for northern proposed as critical habitat for the physical or biological features that may Mexican gartersnakes, and is within the northern Mexican gartersnake because it require special management geographical area currently occupied by is occupied at the time of listing and considerations or protection. The the species. We are proposing the area contains sufficient physical or biological following narrative describes the area in this unit because it is occupied by the features to support life-history functions proposed as critical habitat in the Mule species and because it contains essential essential for the conservation of the Creek Unit. physical or biological features that may species. Some reaches of the Gila River We are proposing to designate 2,579 require special management have been adversely affected by acres (1,044 ha) of critical habitat along considerations or protection. The channelization and water diversions. 18.7 stream mi (30.1 km) of Mule Creek, following narrative describes the area There remains the potential for the from its confluence with the San proposed as critical habitat in the Upper construction of Hooker Dam in the reach Francisco River, upstream to its origin Gila River Unit. of the Gila River above Mogollon Creek northwest of North Sawmill Canyon in We are proposing to designate 21,135 and below Turkey Creek as part of the Grant and Catron Counties, New acres (8,553 ha) of critical habitat along Central Arizona Project, which would Mexico. The Mule Creek Subunit is 148.2 stream mi (238.6 km) of the upper adversely affect both the physical managed by the Gila National Forest, Gila River, from its confluence with the habitat for northern Mexican with additional parcels under private San Francisco River in Graham County, gartersnakes as well as their prey base, ownership. Mule Creek supports native Arizona, upstream to its confluence but this project remains in deferment fish and supports an adequate amount with East Fork Gila River and Black status. The physical or biological of suitable aquatic and terrestrial habitat Canyon in Catron County, New Mexico. features in this unit may require special with the appropriate characteristics to The Upper Gila River Unit is primarily management consideration due to support the northern Mexican privately owned, with additional competition with, and predation by, gartersnake. However, the habitat parcels managed by the Gila National harmful nonnative species that are quality is somewhat compromised by Forest, the New Mexico Department of present in this unit; water diversions; the presence of bullfrogs, which are Game and Fish, and the Arizona and channelization; potential for high- known to have a negative association

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with northern Mexican gartersnakes. (terrestrial habitat characteristics) are Mainstem Subunit is primarily privately This subunit contains sufficient present, but PCEs 3 (prey base) and 4 owned or managed by the U.S. Bureau physical or biological features, (absence or low level of harmful of Land Management, with additional including PCEs 1 (aquatic habitat nonnative species) are deficient. Special parcels managed by the Arizona State characteristics), 2 (terrestrial habitat management may be required to Land Department. The Agua Fria River characteristics), and 3 (prey base), but maintain or develop the physical or contains nonnative, soft-rayed fish and PCE 4 (absence or low level of harmful biological features, including the lowland leopard frogs as prey, and nonnative species) is deficient. Special elimination or reduction of crayfish and contains an adequate amount of suitable management may be required to nonnative, spiny-rayed fish, as well as aquatic and terrestrial habitat with the maintain or develop the physical or the prevention of a bullfrog invasion. appropriate characteristics to support biological features, including The Bill Williams River Unit is the northern Mexican gartersnake. management to remove or reduce proposed as critical habitat for the However, the dominance of crayfish, bullfrogs. northern Mexican gartersnake because it bullfrogs, and nonnative, spiny-rayed The Mule Creek Unit is proposed as is occupied at the time of listing and fish in some reaches negatively affects critical habitat for the northern Mexican contains sufficient physical or biological the proposed subunit’s suitability for gartersnake because it is occupied at the features to support life-history functions northern Mexican gartersnakes. This time of listing and contains sufficient essential for the conservation of the subunit contains sufficient physical or physical or biological features to species. The physical or biological biological features, including PCEs 1 support life-history functions essential features in this unit may require special (aquatic habitat characteristics), 2 for the conservation of the species. The management consideration due to (terrestrial habitat characteristics), and 3 physical or biological features in this competition with, and predation by, (prey base), but PCE 4 (absence or low unit may require special management harmful nonnative species that are level of harmful nonnative species) is consideration due to competition with, present in this unit and flood-control deficient. Special management may be and predation by, harmful nonnative projects. required to maintain or develop the species that are present in this unit; Agua Fria River Subbasin Unit physical or biological features, potential for high-intensity wildfires; including management to remove or The Agua Fria River Subbasin Unit is and human development of areas reduce crayfish, bullfrogs, and generally located in central Arizona, adjacent to proposed critical habitat. nonnative, spiny-rayed fish. Lands paralleling Interstate 17, just north of within the Arizona Game and Fish Bill Williams River Unit the Phoenix metropolitan area, in Department’s Horseshoe Ranch property The Bill Williams River Unit is Yavapai County, Arizona. This unit are being considered for exclusion from generally located in western Arizona, consists of a total of 7,946 acres (3,215 northeast of Parker, Arizona, in La Paz ha) along 56 stream mi (91 km) of the final rule for critical habitat under and Mohave Counties. This unit proposed critical habitat along the Agua section 4(b)(2) of the Act (see consists of a total of 5,412 acres (2,190 Fria River and Little Ash Creek. Land Application of Section 4(b)(2) of the Act ha) along 36 stream mi (58 km) of ownership or land management within below). proposed critical habitat along the Bill this unit consists of lands managed by Little Ash Creek Subunit. We are Williams River, Arizona. We are the U.S. Bureau of Land Management, proposing to designate 957 acres (387 proposing to designate the reach of the U.S. Forest Service, State Trust lands, ha) of critical habitat along 6.7 stream Bill Williams River running from its and private ownership. All identified mi (10.7 km) of Little Ash Creek, from confluence with Lake Havasu, upstream areas described in the Agua Fria River the confluence of Ash Creek, upstream to Alamo Lake Dam. The Bill Williams Subbasin Unit have records since 1980 to its confluence with an unnamed River Unit occurs on lands primarily for northern Mexican gartersnakes, and drainage east of the bridge over Dugas managed by the U.S. Bureau of Land all are considered as being within the Road in Yavapai County, Arizona. The Management. Remaining land geographical area currently occupied by Little Ash Creek Subunit is primarily management and ownership includes the species. We are proposing the areas managed by the Prescott National Forest the Bill Williams National Wildlife in this unit under section 3(5)(A)(i) of and U.S. Bureau of Land Management Refuge, U.S. Department of Defense the Act because they are essential for with additional parcels under Arizona lands, Arizona State Land Department, the conservation of the northern State Land Department and private and private land owners. All identified Mexican gartersnake. The following ownership. According to GIS analysis, areas described in this unit have records narratives describe all of the subunits Little Ash Creek supports populations of for northern Mexican gartersnakes since proposed as critical habitat in the Agua lowland leopard frogs and two species 1980, and all identified areas are Fria River Subbasin Unit. of native fish, and contains adequate considered as being within the Agua Fria River Mainstem Subunit. amount of suitable aquatic and geographical area currently occupied by We are proposing to designate 6,989 terrestrial habitat with the appropriate the species. We are proposing this unit acres (2,828 ha) of critical habitat along characteristics to support the northern under section 3(5)(A)(i) of the Act 49.1 stream mi (80.0 km) of the Agua Mexican gartersnake, but the dominance because it is occupied by the species Fria River mainstem, from its of crayfish, bullfrogs, and nonnative, and because it contains essential confluence with Squaw Creek east of spiny-rayed fish in some reaches physical or biological features that may Black Canyon City, upstream to its negatively affects the suitability for require special management confluence with the unnamed drainage northern Mexican gartersnakes. This considerations or protection. This unit south of Highway 169 in Dewey, subunit contains sufficient physical or contains adequate populations of Arizona (Yavapai County). Also biological features, including PCEs 1 lowland leopard frogs, but native fish included in this subunit are 88 acres (36 (aquatic habitat characteristics), 2 appear to be absent. Crayfish and ha) of the Arizona Game and Fish (terrestrial habitat characteristics), and 3 several species of nonnative, spiny- Department’s Horseshoe Ranch (prey base), but PCE 4 (absence or low rayed fish maintain robust populations property, which is located along the level of harmful nonnative species) is in this reach. Within this unit, PCEs 1 Agua Fria River at its confluence with deficient. Special management may be (aquatic habitat characteristics) and 2 Indian Creek. The Agua Fria River required to maintain or develop the

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physical or biological features, the White Mountain Apache and San stress resident northern Mexican including management against crayfish, Carlos Apache Tribes, with additional gartersnake populations in the short to bullfrogs, and nonnative, spiny-rayed parcels managed by the Apache- medium term. The physical or fish. Sitgreaves National Forest. Water in the biological features in this unit may The Agua Fria Subbasin Unit is Black River is diverted for use at the require special management proposed as critical habitat for the Morenci Mine, which may affect consideration due to competition with, northern Mexican gartersnake because it baseflow. This subunit contains and predation by, harmful nonnative is occupied at the time of listing and sufficient physical or biological features, species that are present in this unit; contains sufficient physical or biological including PCEs 1 (aquatic habitat water diversions; potential for high- features to support life-history functions characteristics), 2 (terrestrial habitat intensity wildfires; and human essential for the conservation of the characteristics), and PCE 3 (prey base), development of areas adjacent to species. The physical or biological but PCE 4 (absence or low level of proposed critical habitat. features in this unit may require special harmful nonnative species) is deficient. Tonto Creek Unit management consideration due Special management may be required to primarily to competition with, and maintain or develop the physical or The Tonto Creek Unit is generally predation by, harmful nonnative species biological features, including the located southeast of Payson, Arizona, that are present in this unit and to a elimination or reduction of crayfish and and northeast of the Phoenix lesser extent human development of possibly nonnative, spiny-rayed fish, as metropolitan area, in Gila County. We areas adjacent to proposed critical well as to maintain adequate base flows are proposing to designate 8,936 acres habitat. in the Black River. Lands owned by the (3,616 ha) of critical habitat along 65.1 stream mi (104.7 km) of Tonto Creek, Upper Salt River Subbasin Unit White Mountain Apache and San Carlos Apache Tribes are being considered for from its confluence with Roosevelt Lake The Upper Salt River Subbasin Unit is exclusion from the final rule for critical upstream to its origin northeast of Tonto generally located along the Mogollon habitat under section 4(b)(2) of the Act Spring, south of Rim Road, in Gila Rim in east-central Arizona, and (see Application of Section 4(b)(2) of the County, Arizona. Tonto Creek occurs includes portions of Gila, Graham, Act below). predominately on lands managed by the Apache, Navajo, and Greenlee Counties. Big Bonito Creek Subunit. We are Tonto National Forest. The remaining The Upper Salt River Subbasin Unit proposing to designate 5,826 acres landownership is private. Therefore, we largely includes remote, rural areas, (2,358 ha) of critical habitat along 41.5 are proposing this unit under section generally under the ownership and stream mi (66.8 km) of Big Bonito Creek, 3(5)(A)(i) of the Act because it is management of tribal governments, from its confluence with the Black River occupied by the species and because it specifically the White Mountain Apache east of the mouth of Sawmill Canyon, contains sufficient amounts of the and San Carlos Apache Tribes. This unit upstream to its origin southwest of essential physical or biological features consists of a total of 22,218 acres (8,991 Mount Baldy in the White Mountains, that may require special management ha) along 156 stream mi (251 km) of in Apache and Navajo Counties, considerations or protection. Some proposed critical habitat along the Black Arizona. Big Bonito Creek is solely reaches along Tonto Creek experience River and Big Bonito Creek. Land owned by the White Mountain Apache seasonal drying as a result of regional ownership or land management within Tribe. This subunit contains sufficient groundwater pumping, while others are this unit consists of tribal lands and physical or biological features, affected by diversions or existing or those managed by the U.S. Forest including PCEs 1 (aquatic habitat planned flood control projects. Service. All identified areas described characteristics) and 2 (terrestrial habitat Development along private reaches of in the Salt River Subbasin Unit have characteristics), but PCEs 3 (prey base) Tonto Creek may also affect terrestrial records since 1980 for northern Mexican and 4 (absence or low level of harmful characteristics of northern Mexican gartersnakes, and all identified areas are nonnative species) are deficient. Special gartersnake habitat. Mercury has been considered as being within the management may be required to detected in fish samples within Tonto geographical area currently occupied by maintain or develop the physical or Creek, and further research is necessary the species. We are proposing the areas biological features, including the to determine if mercury is in this unit under section 3(5)(A)(i) of elimination or reduction of crayfish and bioaccumulating in the resident food the Act because they are occupied by nonnative, spiny-rayed fish, as well as chain. In general, this unit contains the species and because they contain management to support a native prey sufficient physical or biological features, sufficient amounts of the essential base for northern Mexican gartersnakes. including PCEs 1 (aquatic habitat physical or biological features that may This subunit is being considered for characteristics), 2 (terrestrial habitat require special management exclusion from the final rule for critical characteristics), and 3 (prey base), but considerations or protection. The habitat under section 4(b)(2) of the Act PCE 4 (absence or low level of harmful following narratives describe all of the (see Application of Section 4(b)(2) of the nonnative species) is deficient. Special subunits proposed as critical habitat in Act below). management may be required to the Upper Salt River Subbasin Unit. The Upper Salt River Subbasin Unit is maintain or develop the physical or Black River Subunit. We are proposed as critical habitat for the biological features, including the proposing to designate 16,392 acres northern Mexican gartersnake because it elimination or reduction of crayfish, (6,634 ha) of critical habitat along 114.4 is occupied at the time of listing and bullfrogs, and nonnative, spiny-rayed stream mi (184.0 km) of the Black River largely contains sufficient physical or fish, as well as improve base flows. from its confluence with the Salt and biological features to support life- The Tonto Creek Unit is proposed as White rivers, upstream to the history functions essential for the critical habitat for the northern Mexican confluence with the East and West conservation of the species. However, gartersnake because it is occupied at the Forks of the Black River. The Black the 2011 Wallow Fire adversely affected time of listing and contains sufficient River Drainage Subunit occurs in a large proportion of the Black River physical or biological features to Apache, Gila, Graham, Greenlee, and drainage, and subsequent ash and support life-history functions essential Navajo Counties, Arizona. The Black sediment flows have likely resulted in a for the conservation of the species. The River drainage is primarily owned by depressed fish community, which could physical or biological features in this

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unit may require special management required to maintain or develop the upstream to its origin southwest of Buck consideration due to competition with, physical or biological features, Ridge, in Yavapai County, Arizona. and predation by, harmful nonnative including the elimination or reduction Spring Creek occurs predominately on species that are present in this unit; of crayfish, bullfrogs, and nonnative, lands managed by U.S. Forest Service water diversions; flood-control projects; spiny-rayed fish, as well as ensuring on the Tonto and Coconino National and development of areas adjacent to or adequate flow is retained in the Verde Forests. Remaining lands are Arizona within proposed critical habitat. River. Lands along the Verde River State Trust and privately owned lands. included in the Arizona Game and Fish Spring Creek contains populations of Verde River Subbasin Unit Departments’ Upper Verde Wildlife lowland leopard frogs and several The Verde River Subbasin Unit is Area, The Nature Conservancy’s Verde species of native fish which serve as the generally located southwest of Paulden, Springs Preserve and Verde Valley prey base for northern Mexican Arizona, and northwest of Payson, property, lands owned by the Yavapai gartersnakes. However, crayfish have Arizona, in Coconino, Gila, and Yavapai Apache Tribe, and lands owned by the been observed as abundant in this Counties. This unit consists of a total of Salt River Project and managed under subunit. This subunit contains sufficient 29,191 acres (11,813 ha) along their Horseshoe-Bartlett and Roosevelt physical or biological features, approximately 201 stream mi (323 km) HCPs are being considered for exclusion including PCEs 1 (aquatic habitat of proposed critical habitat along the from the final rule for critical habitat characteristics), 2 (terrestrial habitat Verde River, Oak Creek, and Spring under section 4(b)(2) of the Act (see characteristics), and 3 (prey base), but Creek. Lands within this unit consist of Application of Section 4(b)(2) of the Act PCE 4 (absence or low level of harmful federally managed lands, State Trust below). nonnative species) is deficient. Special lands and other State-managed lands, Oak Creek Subunit. We are proposing management may be required to tribal lands, and privately owned lands. to designate 5,533 acres (2,239 ha) of maintain or develop the physical or All identified areas described in the critical habitat along 38.5 stream mi biological features, including the Verde River Subbasin Unit have records (62.0 km) of Oak Creek, from its elimination or reduction of crayfish. for northern Mexican gartersnakes, and confluence with the Verde River south The Verde River Subbasin Unit is all identified areas are considered as of Cornville, upstream to Midgely proposed as critical habitat for the being currently within the geographical Bridge at the confluence with Wilson northern Mexican gartersnake because it area occupied by the species. Therefore, Canyon, in Coconino County, Arizona. is occupied at the time of listing and we are proposing the areas in this unit Also included in this subunit are 149 contains sufficient physical or biological under section 3(5)(A)(i) of the Act acres (60 ha) of the Arizona Game and features to support life-history functions because they are occupied by the Fish Department’s Bubbling Ponds and essential for the conservation of the species and because they contain Page Springs State Fish Hatcheries, species. The physical or biological essential physical or biological features which are adjacent to each other, and features in this unit may require special that may require special management occur along Oak Creek, upstream of its management consideration due to considerations or protection. The confluence with Spring Creek. The Oak competition with, and predation by, following narratives describe all of the Creek subunit occurs predominately on harmful nonnative species that are subunits proposed as critical habitat in privately owned lands or lands managed present in this unit; water diversions; the Verde River Subbasin Unit. by the Coconino National Forest. existing and proposed groundwater Upper Verde River Subunit. We are Remaining lands are managed by pumping potentially resulting in drying proposing to designate 20,526 acres Arizona Game and Fish Department and of habitat; potential for high-intensity (8,307 ha) of critical habitat along 139.8 Arizona State Parks. This reach of lower wildfires; and human development of stream mi (224.9 km) of the Verde River, Oak Creek is largely dominated by areas adjacent to proposed critical from its confluence with Horseshoe crayfish, bullfrogs, and nonnative, habitat. Reservoir, upstream to its confluence spiny-rayed fish. This subunit contains Upper Santa Cruz River Subbasin Unit with Sullivan Lake, in Gila and Yavapai sufficient physical or biological features, Counties, Arizona. The Verde River including PCEs 1 (aquatic habitat The Upper Santa Cruz River Subbasin occurs predominantly on lands characteristics) and 2 (terrestrial habitat Unit is generally located in southeastern managed by the U.S. Forest Service on characteristics), but PCEs 3 (prey base) Arizona, east of Nogales, southeast of the Prescott, Tonto, and Coconino and 4 (absence or low level of harmful Patagonia, and southwest of Sierra National Forests. Remaining land nonnative species) are deficient. Special Vista, in the San Rafael Valley, in Santa management and ownership includes management may be required to Cruz and Cochise Counties, Arizona. the Arizona Game and Fish Department, maintain or develop the physical or This unit consists of springs, seeps, Arizona State Parks, Arizona State biological features, including managing streams, stock tanks, and terrestrial Trust, Yavapai Apache Tribe, and for native prey species and eliminating space (overland areas) in between these private land owners. Proposed or reducing crayfish, bullfrog, and features within a total of 113,895 acres groundwater pumping of the Big Chino nonnative, spiny-rayed fish populations. (46,092 ha) of proposed critical habitat Aquifer may adversely affect future Lands along lower Oak Creek included in the San Rafael Valley, including baseflow in the Verde River, and within the Arizona Game and Fish portions of Parker and Scotia canyons of therefore PCE 1. Development along the Department’s Bubbling Ponds and Page the Huachuca Mountains, Arizona. For Verde River has eliminated habitat Springs State Fish Hatcheries are being the streams within this unit, we are along portions of the Verde River considered for exclusion from the final proposing the reach of Parker Canyon through the Verde Valley. In general, rule for critical habitat under section that includes 5.8 stream mi (9.3 km) this subunit contains sufficient physical 4(b)(2) of the Act (see Application of from Duquesne Road south of Loop or biological features, including PCEs 1 Section 4(b)(2) of the Act below). Road, upstream to and including Parker (aquatic habitat characteristics), 2 Spring Creek Subunit. We are Canyon Lake. The reach of Scotia (terrestrial habitat characteristics), and 3 proposing to designate 3,131 acres Canyon we are proposing as critical (prey base), but PCE 4 (absence or low (1,267 ha) of critical habitat along 22.5 habitat includes 3.7 stream mi (5.9 km) level of harmful nonnative species) is stream mi (36.2 km) of Spring Creek, from its confluence with an unnamed deficient. Special management may be from its confluence with the Oak Creek drainage at the junction with Bodie

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Canyon, upstream to its origin west of and predation by, harmful nonnative southern Arizona, northwest of Nogales the Coronado National Forest-Fort species that are present in this unit and and south of Three Points, in Pima Huachuca Boundary. The upper Santa potential effects from future high- County, Arizona. This unit consists of a Cruz River occurs within the San Rafael intensity wildfires. total of 117,335 acres (47,484 ha) of Valley, flowing south into Mexico. We proposed critical habitat, including Redrock Canyon Unit are proposing 13.8 stream mi (22.2 km) springs, seeps, streams, stock tanks, and of the upper Santa Cruz River, from the We are proposing to designate 1,971 terrestrial space in between these International Border, upstream to its acres (798 ha) of critical habitat along features within the Buenos Aires headwaters at the top of Sheep Ridge 14.0 stream mi (22.5 km) of Redrock National Wildlife Refuge. The Buenos Canyon. The Upper Santa Cruz River Canyon, from its confluence with Aires National Wildlife Refuge Unit Subbasin Unit occurs on lands primarily Sonoita Creek, upstream to its origin occurs on lands solely managed by the managed by the Coronado National north of Meadow Valley in the Canelo U.S. Fish and Wildlife Service. This Forest, with remaining land Hills, in Santa Cruz County. Redrock unit is considered as being currently management under the Arizona State Canyon occurs predominately on lands within the geographical area occupied Parks Department. This unit also managed by the Coronado National by the species. Therefore, we are contains private lands. All identified Forest with remaining land in private proposing this unit under section areas described in this unit have records ownership. The area proposed along 3(5)(A)(i) of the Act because it is for northern Mexican gartersnakes, and Redrock Canyon is within the area occupied by the species and because it all identified areas are considered as considered occupied by the northern contains sufficient amounts of the being currently within the geographical Mexican gartersnake. Therefore, we are essential physical or biological features area occupied by the species. Therefore, proposing the areas in this unit under that may require special management we are proposing this unit under section section 3(5)(A)(i) of the Act because considerations or protection. 3(5)(A)(i) of the Act because it is they are occupied by the species and This unit has been a focal point for occupied by the species and because it because they contain sufficient amounts the recovery of Chiricahua leopard contains sufficient amounts of the of the essential physical or biological frogs, providing prey for the northern essential physical or biological features features that may require special Mexican gartersnake in a core area of that may require special management management considerations or stock tanks in the central region of the considerations or protection. protection. Refuge. Chiricahua leopard frogs also This unit contains adequate Redrock Canyon supports four species likely disperse from this area into other populations of Chiricahua and lowland of native fish, and Chiricahua leopard areas within the Refuge. Bullfrogs and leopard frogs, as well as native fish frogs and Sonora tiger salamanders have crayfish remain a concern in Arivaca species in various locations and been reported. This subunit contains Cienega and Arivaca Creek. While not densities, with the former being actively sufficient physical or biological features, part of this unit, Arivaca Lake is recovered in Scotia Canyon. Bullfrogs including PCEs 1 (aquatic habitat operated as a warm-water sport fishery, and nonnative, spiny-rayed fish are also characteristics), 2 (terrestrial habitat and nonnative, spiny-rayed fish may be known to occur at various densities characteristics), and 3 (prey base), but washed down and persist below the lake within this unit, and Parker Canyon PCE 4 (absence or low level of harmful dam after overflow events. Within this Lake is managed as a warm-water sport nonnative species) is deficient. Special unit, PCEs 1 (aquatic habitat fishery. Crayfish are also likely to occur management may be required to characteristics), 2 (terrestrial habitat in various locations and densities maintain or develop the physical or characteristics), and 3 (prey base) are within this unit. Within this unit, PCEs biological features, including the generally present, but PCE 4 (absence or 1 (aquatic habitat characteristics), 2 elimination or reduction of bullfrogs low level of harmful nonnative species) (terrestrial habitat characteristics) and 3 and the prevention of potential is deficient. Special management may (prey base) are generally met, but PCE invasions from nonnative, spiny-rayed be required to maintain or develop the 4 (absence or low level of harmful fish. Lands within The Nature physical or biological features, nonnative species) is deficient. Special Conservancy’s Patagonia-Sonoita Creek including the elimination or reduction management may be required to Preserve in this unit are being of crayfish, bullfrogs, and nonnative, maintain or develop the physical or considered for exclusion from the final spiny-rayed fish, as well as the biological features, including continuing rule for critical habitat under section prevention of a bullfrog invasion in to promote the recovery or expansion of 4(b)(2) of the Act (see Application of Chiricahua leopard frog recovery core native leopard frogs and fish, and Section 4(b)(2) of the Act below). areas. eliminating or reducing harmful The Redrock Canyon Unit is proposed The Buenos Aires National Wildlife nonnative species. The San Rafael as critical habitat for the northern Refuge Unit is proposed as critical Ranch is being considered for exclusion Mexican gartersnake because it is habitat for the northern Mexican from the final rule for critical habitat occupied at the time of listing and gartersnake because it is occupied at the under section 4(b)(2) of the Act (see contains sufficient physical or biological time of listing and contains sufficient Application of Section 4(b)(2) of the Act features to support life-history functions physical or biological features to section below). essential for the conservation of the support life-history functions essential The Upper Santa Cruz River Subbasin species. The physical or biological for the conservation of the species. The Unit is proposed as critical habitat for features in this unit may require special physical or biological features in this the northern Mexican gartersnake management consideration due to unit may require special management because it is occupied at the time of competition with, and predation by, consideration due to competition with, listing and contains sufficient physical harmful nonnative species that are and predation by, harmful nonnative or biological features to support life- present in this unit. species that are present in this unit. history functions essential for the conservation of the species. The Buenos Aires National Wildlife Refuge Cienega Creek Subbasin Unit physical or biological features in this Unit The Cienega Creek Subbasin Unit is unit may require special management The Buenos Aires National Wildlife generally located in southern Arizona, consideration due to competition with, Refuge Unit is generally located in east of the Santa Rita Mountains, north

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of the Canelo Hills, and west of the Management, although it includes some Forest, Arizona State Land Department, Whetstone Mountains, in Pima and Arizona State Trust Lands. Native fish San Carlos Apache Tribe, and privately Santa Cruz Counties. This unit consists and both Chiricahua and lowland owned lands. All identified areas of springs, seeps, streams, stock tanks, leopard frog populations provide prey described in the San Pedro River and terrestrial space in between these for northern Mexican gartersnakes, and Subbasin Unit have records for northern features within a total of 50,393 acres recent, ongoing bullfrog eradication in Mexican gartersnakes, and all identified (20,393 ha) of proposed critical habitat the area reduces the threat of bullfrogs areas are considered as being currently in the Las Cienegas National within this subunit. This subunit within the geographical area occupied Conservation Area and Cienega Creek contains sufficient physical or biological by the species. Therefore, we are Natural Preserve. Also included in this features, including all PCEs. However, proposing the areas in this unit under unit is 7.1 stream mi (11.4 km) of special management may be required to section 3(5)(A)(i) of the Act because Cienega Creek that occur outside of maintain or develop the physical or they are occupied by the species and these specific ownership areas. The biological features, including preventing because they contain sufficient amounts Cienega Creek Subbasin Unit occurs on the invasion or reinvasion of bullfrogs. of the essential physical or biological lands primarily managed by the U.S. Cienega Creek Natural Preserve features that may require special Bureau of Land Management and the Subunit. We are proposing to designate management considerations or Arizona State Land Department, with critical habitat for a total of 4,260 acres protection. The following narratives remaining lands under private (1,724 ha) of springs, seeps, streams, describe all of the subunits proposed as ownership. All identified areas are stock tanks, and terrestrial space in critical habitat in the San Pedro River considered as being within the between these features within the Subbasin Unit. geographical area currently occupied by Cienega Creek Natural Preserve in Pima San Pedro River Subunit. We are the species. We are proposing the areas County, Arizona, including the reach of proposing to designate 22,669 acres in this unit under section 3(5)(A)(i) of Cienega Creek that occurs within the (9,174 ha) of critical habitat along 158.4 the Act because they are occupied by Cienega Creek Natural Preserve. The stream mi (254.9 km) of the San Pedro the species and because they contain Cienega Creek Natural Preserve is River from its confluence with the Gila essential physical or biological features owned and managed by Pima County. River at Winkelman, upstream to the that may require special management Native fish and lowland leopard frog International Border, in Cochise, Pima, considerations or protection. The populations provide prey for northern and Pinal Counties, Arizona. The San following narratives describe all of the Mexican gartersnakes, and recent, Pedro River Subunit occurs subunits proposed as critical habitat in ongoing bullfrog eradication in the area predominately on privately owned the Cienega Creek Subbasin Unit. reduces the threat of bullfrogs within lands, with remaining lands managed by Cienega Creek Subunit. We are this subunit. This subunit contains the U.S. Bureau of Land Management. proposing to designate 1,113 acres (450 sufficient physical or biological features, Native fish and lowland leopard frogs ha) of critical habitat along 7.1 stream including all PCEs. However, special occur throughout the San Pedro River mi (11.4 km) of Cienega Creek, from the management may be required to and provide a prey base for northern northern boundary of the Las Cienegas maintain or develop the physical or Mexican gartersnakes, with prey National Conservation Area to the biological features, including preventing population densities increasing in the southern boundary of Cienega Creek the invasion or reinvasion of bullfrogs. downstream direction. Crayfish, Natural Preserve in Pima County, This subunit is being considered for bullfrogs, and nonnative, spiny-rayed Arizona. The Cienega Creek Subunit exclusion from the final rule for critical fish occur predominately upstream of occurs on lands managed by the Arizona habitat under section 4(b)(2) of the Act the Interstate 10 crossing. In general, State Land Department in addition to a (see Application of Section 4(b)(2) of the this subunit contains sufficient physical small amount of private land. Native Act below). or biological features, including PCEs 1 fish and both Chiricahua and lowland The Cienega Creek Subbasin Unit is (aquatic habitat characteristics), 2 leopard frog populations provide prey proposed as critical habitat for the (terrestrial habitat characteristics), and 3 for northern Mexican gartersnakes, and northern Mexican gartersnake because it (prey base), but PCE 4 (absence or low recent, ongoing bullfrog eradication in is occupied at the time of listing and level of harmful nonnative species) is the area reduces the threat of bullfrogs contains sufficient physical or biological deficient. Special management may be within this subunit. This subunit features to support life-history functions required to maintain or develop the contains sufficient physical or biological essential for the conservation of the physical or biological features, features, including all PCEs. However, species. The physical or biological including the elimination or reduction special management may be required to features in this unit may require special of harmful nonnative species. Lands in maintain or develop the physical or management consideration due to this subunit that are owned or under biological features, including preventing ongoing and regional threat of bullfrogs. conservation easement with The Nature the invasion or reinvasion of bullfrogs. Conservancy as conservation preserves, San Pedro River Subbasin Unit Las Cienegas National Conservation lands owned by the Salt River Project Area Subunit. We are proposing to The San Pedro River Subbasin Unit is and managed under their Horseshoe- designate critical habitat for a total of generally located in southeastern Bartlett and Roosevelt HCPs, as well as 45,020 acres (18,219 ha) of springs, Arizona, east of Sierra Vista, Tucson, lands owned by the San Carlos Apache seeps, streams, stock tanks, and and Florence and west Douglas, Wilcox, Tribe, are being considered for terrestrial space in between these and Safford, in Cochise, Pima, and Pinal exclusion from the final rule for critical features within the Las Cienegas Counties. This unit consists of a total of habitat under section 4(b)(2) of the Act National Conservation Area in Pima 23,690 acres (9,587 ha) along 165 stream (see Application of Section 4(b)(2) of the County, including portions of Cienega mi (266 km) of proposed critical habitat Act below). Creek and Empire Gulch that occur along the San Pedro River and Bear Bear Canyon Creek Subunit. We are within the Las Cienegas National Creek. Land ownership or land proposing to designate 1,022 acres (414 Conservation Area. The Las Cienegas management within this unit consists of ha) of critical habitat along 7.1 stream National Conservation Area is managed lands managed by the U.S. Bureau of mi (11.3 km) of Bear Canyon Creek, by the U.S. Bureau of Land Land Management, Coronado National from the International Border, upstream

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to its origin south of Granite Peak in the 3(5)(A)(i) of the Act because they are deficient. Special management may be Huachuca Mountains, in Cochise occupied by the species and because required to maintain or develop the County, Arizona. The Bear Canyon they contain sufficient amounts of the physical or biological features, Creek Subunit occurs predominately on essential physical or biological features including the elimination or reduction lands managed by the Coronado that may require special management of crayfish and the prevention of National Forest with remaining land in considerations or protection. The potential bullfrog and nonnative, spiny- private ownership. Native fish comprise following narratives describe all of the rayed fish invasions. Lands owned by the fishery of Bear Canyon Creek, and subunits proposed as critical habitat in the Appleton-Whittell Research Ranch GIS analysis suggests that native leopard the Babocomari River Subbasin Unit. within this subunit are being considered frogs may also occur in limited density. Babocomari River/Cienega Subunit. for exclusion from the final rule for Crayfish are also present. This subunit We are proposing to designate 3,454 critical habitat under section 4(b)(2) of contains sufficient physical or biological acres (1,398 ha) of critical habitat along the Act (see Application of Section features, including PCEs 1 (aquatic approximately 24.4 stream mi (39.2 km) 4(b)(2) of the Act below). habitat characteristics), 2 (terrestrial of the Babocomari River from its O’Donnell Canyon Subunit. We are habitat characteristics), and 3 (prey confluence with the San Pedro River proposing to designate 398 acres (161 base), but PCE 4 (absence or low level northwest of Fairbank, upstream to its ha) of critical habitat along of harmful nonnative species) is confluence with an unnamed drainage approximately 2.5 stream mi (4.0 km) of deficient. Special management may be south of the railroad and southeast of O’Donnell Canyon, between the required to maintain or develop the Elgin, in Cochise and Santa Cruz southern boundary of the Appleton- physical or biological features, Counties, Arizona. The Babocomari Whittell Research Ranch upstream to including the elimination or reduction River Subunit occurs predominately on the northern boundary of the Canelo of crayfish and the establishment of privately owned lands, with remaining Hills Cienega Preserve, and then from secure leopard frog populations. lands managed by the U.S. Bureau of the southern boundary of the Canelo The San Pedro River Subbasin Unit is Land Management. Crayfish, bullfrogs, Hills Cienega Preserve upstream to its proposed as critical habitat for the and nonnative, spiny-rayed fish all confluence with Pauline and Middle northern Mexican gartersnake because it occur within this subunit at various canyons, in Santa Cruz County, Arizona. is occupied at the time of listing and densities, reducing the likelihood of The O’Donnell Canyon Subunit occurs contains sufficient physical or biological maintaining a suitable native prey base predominantly on privately owned features to support life-history functions for northern Mexican gartersnakes. This lands and those managed by the essential for the conservation of the subunit contains sufficient physical or Coronado National Forest. The area species. The physical or biological biological features, including PCEs 1 proposed along O’Donnell Canyon is features in this unit may require special (aquatic habitat characteristics) and 2 within the area considered occupied by management consideration due to (terrestrial habitat characteristics), but the northern Mexican gartersnake. competition with, and predation by, PCEs 3 (prey base) and 4 (absence or Populations of native fish and harmful nonnative species that are low level of harmful nonnative species) Chiricahua leopard frogs provide a prey present in this unit. are deficient. Special management may base for northern Mexican gartersnakes be required to maintain or develop the in O’Donnell Canyon, but crayfish and Babocomari River Subbasin Unit physical or biological features, nonnative, spiny-rayed fish may be The Babocomari River Subbasin Unit including the elimination or reduction present. Bullfrogs inhabit the region and is generally located in southeastern of harmful nonnative species and present a threat of invasion. This Arizona, east of Santa Rita Mountains, reestablishment of native prey species. subunit contains sufficient physical or north of the Canelo Hills and Huachuca Post Canyon Subunit. We are biological features, including PCEs 1 Mountains, south of the Whetstone proposing to designate 795 acres (322 (aquatic habitat characteristics), 2 Mountains, and west of the San Pedro ha) of critical habitat along (terrestrial habitat characteristics), and 3 River, in Santa Cruz and Cochise approximately 5.7 stream mi (9.1 km) of (prey base), but PCE 4 (absence or low Counties. This unit consists of springs, Post Canyon, from the western level of harmful nonnative species) is seeps, streams, stock tanks, and boundary of the Appleton-Whittell deficient. Special management may be terrestrial space in between these Research Ranch, upstream to Post Well required to maintain or develop the features within a total of 14,334 acres at the top of Post Canyon, in Santa Cruz physical or biological features, (5,801 ha) of proposed critical habitat in County, Arizona. The Post Canyon including the elimination or reduction the Canelo Hills Cienega Preserve and Subunit occurs largely on privately of crayfish and nonnative, spiny-rayed Appleton-Whittell Research Ranch as owned lands as well as those managed fish, as well as the prevention of well as along a total of 45 stream mi (72 by the Coronado National Forest. potential bullfrog invasions. Lands km) of portions of the Babocomari River, Lowland leopard frogs and, perhaps, owned by the Appleton-Whittell Post Canyon, O’Donnell Canyon, and Chiricahua leopard frogs provide prey Research Ranch and the Canelo Hills Turkey Creek. Land ownership or for northern Mexican gartersnakes in Cienega Preserve within this subunit are management within this unit consists of Post Canyon. Native fish may also occur being considered for exclusion from the lands managed by the U.S. Bureau of due to a connection with nearby habitat final rule for critical habitat under Land Management, Coronado National that native fish are known to occupy. section 4(b)(2) of the Act (see Forest, Arizona State Land Department, Crayfish occur in Post Canyon, and Application of Section 4(b)(2) of the Act and privately owned lands. All nonnative, spiny-rayed fish, as well as below). identified areas described in the bullfrogs, are known from the vicinity Turkey Creek Subunit. We are Babocomari River Subbasin Unit have and may be present. This subunit proposing to designate 1,678 acres (679 records for northern Mexican contains sufficient physical or biological ha) of critical habitat along gartersnakes, and all identified areas are features, including PCEs 1 (aquatic approximately 12.0 stream mi (19.4 km) considered as being currently within the habitat characteristics), 2 (terrestrial of Turkey Creek, from its confluence geographical area occupied by the habitat characteristics), and 3 (prey with the Babocomari River, upstream to species. Therefore, we are proposing the base), but PCE 4 (absence or low level the northern boundary of the Appleton- areas in this unit under section of harmful nonnative species) is Whittell Research Ranch, and then from

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the southwestern boundary of the species. Private lands in this subunit are gartersnakes, but the species has become Appleton-Whittell Research Ranch to its being considered for exclusion from the rare in current times. Therefore, we are origin at an unnamed pond east of State final rule for critical habitat under proposing this unit under section Highway 83 and south of Forest Road section 4(b)(2) of the Act (see 3(5)(A)(i) of the Act because it is 201, in Santa Cruz and Cochise Application of Section 4(b)(2) of the Act occupied by the species and because it Counties. The Turkey Creek Subunit below). contains sufficient amounts of the occurs predominantly on privately Canelo Hills Cienega Preserve essential physical or biological features owned lands and those managed by the Subunit. We are proposing to designate that may require special management Coronado National Forest. critical habitat on approximately 213 considerations or protection. The Turkey Creek historically supported acres (86 ha) of springs, seeps, streams, SBNWR contains records for five two species of native fish, which could stock tanks, and terrestrial space in species of native fish as well as lowland still remain and supplement possible between these features within the and Chiricahua leopard frog resident amphibian prey sources. One Canelo Hills Cienega Preserve, in Santa populations, but the status of the latter bullfrog was detected in 2004 within Cruz County, Arizona. Portions of Post is uncertain due to the presence of Turkey Creek, but no crayfish or Canyon and O’Donnell Canyon are bullfrogs on the refuge. This unit nonnative, spiny-rayed fish species are included within this subunit. The contains an adequate amount of thought to currently occur there. This Canelo Hills Cienega Preserve includes physically suitable aquatic and subunit contains sufficient physical or lands owned by The Nature terrestrial habitat, with the appropriate biological features, including PCEs 1 Conservancy, as well as other private characteristics to support the northern (aquatic habitat characteristics), 2 lands under conservation easements Mexican gartersnake. Within this unit, (terrestrial habitat characteristics), and 4 with The Nature Conservancy. Native PCEs 1 (aquatic habitat characteristics), (absence or low level of harmful fish and leopard frogs may occur within 2 (terrestrial habitat characteristics), and nonnative species), but PCE 3 (prey this subunit. We do not have updated 3 (prey base) are generally present, but base) may be deficient. However, special information on the status of harmful PCE 4 (absence or low level of harmful management may be required to nonnative species in this subunit, but its nonnative species) is deficient. Special maintain or develop the physical or management likely favors native species management may be required to biological features, including preventing within the Preserve. Therefore, we maintain or develop the physical or harmful nonnative species from conclude that this subunit contains all biological features, including the becoming established and reintroducing PCEs. However, special management elimination or reduction of bullfrogs. native fish and leopard frogs into may be required to maintain or develop The SBNWR Unit is proposed as Turkey Creek. Lands owned by the the physical or biological features, critical habitat for the northern Mexican Appleton-Whittell Research Ranch including preventing harmful nonnative gartersnake because it is occupied at the within this subunit are being considered species from becoming established. This time of listing and contains sufficient for exclusion from the final rule for subunit is being considered for physical or biological features to critical habitat under section 4(b)(2) of exclusion from the final rule for critical support life-history functions essential the Act (see Application of Section habitat under section 4(b)(2) of the Act for the conservation of the species. The 4(b)(2) of the Act below). (see Application of Section 4(b)(2) of the physical or biological features in this Appleton-Whittell Research Ranch Act below). unit may require special management Subunit. We are proposing to designate The Babocomari River Subbasin Unit consideration due to competition with, critical habitat on approximately 7,798 is proposed as critical habitat for the and predation by, bullfrogs that are acres (3,156 ha) of springs, seeps, northern Mexican gartersnake because it present in this unit. streams, stock tanks, and terrestrial is occupied at the time of listing and space in between these features within contains sufficient physical or biological Narrow-Headed Gartersnake the Appleton-Whittell Research Ranch, features to support life-history functions Upper Gila River Subbasin Unit in Santa Cruz County, Arizona. Portions essential for the conservation of the of Post Canyon, O’Donnell Canyon, and species. The physical or biological The Upper Gila River Subbasin Unit Turkey Creek are included in this features in this unit may require special is generally located southwestern New subunit. The Appleton-Whittell management consideration due to Mexico in the Gila Wilderness of the Research Ranch subunit occurs on competition with, and predation by, Gila National Forest in Catron, Grant, privately owned lands, as well as lands harmful nonnative species that are Hidalgo, and Sierra Counties, New managed by the Bureau of Land present in this unit. Mexico, and eastern Arizona in Graham Management and Coronado National County. This unit consists of a total of Forest. The management of the San Bernardino National Wildlife 49,903 acres (20,195 ha) along 359 Appleton-Whittell Research Ranch is Refuge (SBNWR) Unit stream mi (578 km) of proposed critical overseen by The Audubon Society. The SBNWR Unit is generally located habitat along the mainstem, East, West, Native fish and native leopard frog in extreme southeastern Arizona, east of and Middle Forks of the Gila River, populations occur throughout Ranch Douglas and west of the New Mexico Black Canyon, Diamond Creek, Gilita and provide prey for northern Mexican border, and sharing its southern border Creek, Iron Creek, Little Creek, and gartersnakes. However, crayfish, with Mexico, in Cochise County, Turkey Creek. Land ownership or land bullfrogs, and nonnative, spiny-rayed Arizona. This unit consists of a total of management within this unit consists of fish occur regionally and are an ongoing 2,387 acres (966 ha) of springs, seeps, lands managed by the U.S. Forest threat to northern Mexican gartersnakes streams, stock tanks, and terrestrial Service, U.S. Bureau of Land in this area. This subunit contains space in between these features, Management, National Park Service, sufficient physical or biological features, including the headwaters of the Yaqui New Mexico Department of Game and including all PCEs. However, special River. The U.S. Fish and Wildlife Fish, State Trust lands, and private management may be required to Service is the sole land manager within ownership. All identified areas maintain or develop the physical or this unit. described in the Upper Gila River biological features, including preventing The SBNWR was a historical Subbasin Unit have records since 1980 the invasion of harmful nonnative stronghold for northern Mexican for narrow-headed gartersnakes, and all

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identified areas are considered as being characteristics), and 3 (prey base), but eliminated (spiny-rayed fish). This within the geographical area currently PCE 4 (absence or low level of harmful subunit contains sufficient physical or occupied by the species. We are nonnative species) is deficient. Special biological features, including PCEs 1 proposing the areas in this unit under management may be required to (aquatic habitat characteristics), 2 section 3(5)(A)(i) of the Act because maintain or develop the physical or (terrestrial habitat characteristics), and 4 they are occupied by the species and biological features, including the (absence or low level of harmful because they contain essential physical elimination or reduction of crayfish, nonnative species), but PCE 3 (prey or biological features that may require bullfrogs, and nonnative, spiny-rayed base) may be deficient. Special special management considerations or fish. management may be required to protection. The following narratives West Fork Gila River Subunit. We are maintain or develop the physical or describe all of the subunits proposed as proposing to designate 5,169 acres biological features, including the critical habitat in the Upper Gila River (2,092 ha) of critical habitat along 37.2 preventing the reinvasion of harmful Subbasin Unit. stream mi (59.9 km) of the West Fork nonnative species and the Gila River Subunit. We are proposing Gila River, from its confluence with the reestablishment of native prey lost as a to designate 21,135 acres (8,553 ha) of mainstem Gila River and East Fork Gila result of the 2012 Whitewater-Baldy critical habitat along 148.2 stream mi River in Grant County, New Mexico, Complex Fire. (238.6 km) of the Gila River mainstem, upstream to its origin east of Center Black Canyon Subunit. We are from its confluence with the San Baldy Peak in Catron County, New proposing to designate 3,503 acres Francisco River in Graham County, Mexico. The West Fork Gila River (1,418 ha) of critical habitat along 25.8 Arizona, through Hidalgo county, New Subunit is primarily managed by the stream mi (41.5 km) of Black Canyon, Mexico, upstream to its confluence with Gila National Forest with additional from its confluence with East Fork Gila East Fork Gila River and Black Canyon parcels under private ownership or River in Catron County, New Mexico, in Catron County, New Mexico. The managed by the National Park Service or upstream to its confluence with Gilita mainstem Gila River Subunit contains the New Mexico Department of Game Creek and Iron Creek in Catron County, primarily privately owned lands, as well and Fish. Historically, the West Fork New Mexico. Black Canyon is primarily as lands managed by the Gila National Gila River maintained large populations managed by the Gila National Forest Forest, the New Mexico Department of of bullfrogs and nonnative, spiny-rayed with additional parcels under private Game and Fish, and the Arizona and fish. As a result of ash and sediment ownership. This area contains sufficient New Mexico State Land Departments. flows following the 2012 Whitewater- physical or biological features, Several reaches of the Gila River in New Baldy Complex Fire, these harmful including all PCEs. Special management Mexico have been adversely affected by nonnative species may have been may be required to maintain or develop channelization and diversions, which reduced (bullfrogs) or possibly the physical or biological features, have reduced or eliminated baseflow. eliminated (spiny-rayed fish). This including management against the As a whole, however, this subunit subunit contains sufficient physical or invasion of harmful nonnative species. contains sufficient physical or biological biological features, including PCEs 1 Diamond Creek Subunit. We are features, including PCEs 1 (aquatic (aquatic habitat characteristics), 2 proposing to designate 3,545 acres habitat characteristics), 2 (terrestrial (terrestrial habitat characteristics), and 4 (1,435 ha) of critical habitat along 25.4 habitat characteristics), and 3 (prey (absence or low level of harmful stream mi (40.9 km) of Diamond Creek, base), but PCE 4 (absence or low level nonnative species), but PCE 3 (prey from its confluence with East Fork Gila of harmful nonnative species) is base) may be deficient. Special River in Catron County, New Mexico, deficient. Special management may be management may be required to upstream to its confluence with the required to maintain or develop the maintain or develop the physical or unnamed drainage northeast of Turkey physical or biological features, biological features, including the Park in Sierra County, New Mexico. The including the elimination or reduction preventing the reinvasion of harmful Diamond Creek Subunit is primarily of harmful nonnative species, as well as nonnative species and the managed by the Gila National Forest to maintain adequate base flow in the reestablishment of native prey lost as a with additional parcels under private Gila River. Lands within The Nature result of the 2012 Whitewater-Baldy ownership. This area contains sufficient Conservancy’s Gila Riparian Preserve in Complex Fire. physical or biological features, this subunit are being considered for Middle Fork Gila River Subunit. We including PCEs 1 (aquatic habitat exclusion from the final rule for critical are proposing to designate 4,964 acres characteristics), 2 (terrestrial habitat habitat under section 4(b)(2) of the Act (2,009 ha) of critical habitat along 37.0 characteristics), and 3 (prey base), but (see Application of Section 4(b)(2) of the stream mi (59.5 km) of the Middle Fork PCE 4 (absence or low level of harmful Act below). Gila River, from its confluence with the nonnative species) is deficient. Special East Fork Gila River Subunit. We are West Fork Gila River in Catron County, management may be required to proposing to designate 3,579 acres New Mexico, upstream to its confluence maintain or develop the physical or (1,448 ha) of critical habitat along 27.6 with Gilita Creek and Iron Creek in biological features, including the stream mi (44.4 km) of the East Fork Catron County, New Mexico. The elimination or reduction of crayfish and Gila River, from its confluence with the Middle Fork Gila River Subunit is nonnative, spiny-rayed fish. mainstem Gila River in Grant County, primarily managed by the Gila National Gilita Creek Subunit. We are New Mexico, upstream to its confluence Forest with additional parcels managed proposing to designate 1,704 acres (690 with Beaver Creek and Taylor Creek in by the New Mexico Department of Game ha) of critical habitat along 12.1 stream Catron County, New Mexico. The East and Fish. Historically, the West Fork mi (19.5 km) of Gilita Creek, from its Fork Gila River Subunit is primarily Gila River maintained large populations confluence with Middle Fork Gila River managed by the Gila National Forest, of bullfrogs and nonnative, spiny-rayed in Catron County, New Mexico, with additional parcels under private fish. As a result of ash and sediment upstream to its confluence with the ownership. This subunit contains flows following the 2012 Whitewater- unnamed drainage in Turkey Cienega, sufficient physical or biological features, Baldy Complex Fire, these harmful south of Bear Wallow Lookout Road, in including PCEs 1 (aquatic habitat nonnative species may have been Catron County, New Mexico. The Gilita characteristics), 2 (terrestrial habitat reduced (bullfrogs) or possibly Creek Subunit is managed by the Gila

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National Forest. Several improved and of bullfrogs and the reestablishment of San Francisco and Gila rivers in unimproved road crossings occur along a native prey base. Arizona. This unit consists of a total Gilita Creek, which may act as a source Turkey Creek Subunit. We are 8,814 acres (3,567 ha) along 63 stream of sedimentation to the creek. However, proposing to designate 2,338 acres (946 mi (101 km) of proposed critical habitat this subunit appears to contain ha) of critical habitat along 16.6 stream along the Gila River and Eagle Creek. sufficient physical or biological features, mi (26.7 km) of Turkey Creek, from its Land ownership or land management including all PCEs. Special management confluence with the Gila River within this unit consists of federally may be required to maintain or develop mainstem in Grant County, New managed lands, tribal lands, and the physical or biological features, Mexico, upstream to its confluence with privately owned lands. Federal lands including management against the the unnamed drainage southwest of include those managed by the U.S. invasion of harmful nonnative species, Granite Peak in Grant County, New Bureau of Land Management and the as well as to control erosion and Mexico. The Turkey Creek Subunit is U.S. Forest Service. Tribal lands include sedimentation issues. managed by the Gila National Forest. those owned by the San Carlos Apache Iron Creek Subunit. We are proposing This subunit contains sufficient Tribe. All identified areas described in to designate 1,731 acres (701 ha) of physical or biological features, the Middle Gila River Subbasin Unit critical habitat along 12.4 stream mi including PCEs 1 (aquatic habitat have records for narrow-headed (19.9 km) of Iron Creek, from its characteristics), 2 (terrestrial habitat gartersnakes, and all identified areas are confluence with Middle Fork Gila River characteristics), and 3 (prey base), but considered as currently within the in Catron County, New Mexico, PCE 4 (absence or low level of harmful geographical area occupied by the upstream to its confluence with the nonnative species) is deficient. Special species. Therefore, we are proposing the unnamed drainage southeast of management may be required to areas in this unit under section Whitewater Baldy Peak in Catron maintain or develop the physical or 3(5)(A)(i) of the Act because they are County, New Mexico. The Iron Creek biological features, including occupied by the species and because Subunit is managed by the Gila National management against the reinvasion of they contain sufficient amounts of the Forest. This subunit was affected by ash crayfish and bullfrogs. essential physical or biological features and sediment flows resulting from the The Upper Gila River Subbasin Unit that may require special management 2012 Whitewater-Baldy Complex Fire is proposed as critical habitat for the considerations or protection. The that have likely reduced the prey base narrow-headed gartersnake because it is following narratives describe all of the for narrow-headed gartersnakes. This occupied at the time of listing and subunits proposed as critical habitat in subunit contains sufficient physical or contains sufficient physical or biological the Middle Gila River Subbasin Unit. biological features, including PCEs 1 features to support life-history functions Gila River Subunit. We are proposing (aquatic habitat characteristics), 2 essential for the conservation of the to designate 432 acres (175 ha) of (terrestrial habitat characteristics), and 4 species. Some reaches of the Gila River critical habitat along 2.8 stream mi (4.5 (absence or low level of harmful have been adversely affected by km) of the Gila River mainstem in nonnative species), but PCE 3 (prey channelization and water diversions. Arizona, from the upstream end of the base) is deficient. Special management There remains the potential for the San Carlos Reservoir, upstream to its may be required to maintain or develop construction of Hooker Dam in the reach confluence with the San Francisco the physical or biological features, of the Gila River above Mogollon Creek River, in Greenlee and Graham including management against the and below Turkey Creek as part of the Counties. The reach of the Gila River invasion of harmful nonnative species Central Arizona Project, which would mainstem within this subunit is and the reestablishment of a native prey adversely affect both the physical managed by the U.S. Bureau of Land base. habitat for narrow-headed gartersnakes Management. This subunit contains Little Creek Subunit. We are as well as their prey base, but this sufficient physical or biological features, proposing to designate 2,236 acres (905 project remains in deferment status. The including PCEs 1 (aquatic habitat ha) of critical habitat along 16.8 stream 2012 Whitewater-Baldy Complex Fire characteristics), 2 (terrestrial habitat mi (27.0 km) of Little Creek, from its adversely affected the aquatic characteristics), and 3 (prey base), but confluence with West Fork Gila River in communities in the West and Middle PCE 4 (absence or low level of harmful Catron County, New Mexico, upstream Fork of the Gila River, as well as Iron nonnative species) is deficient. Special to the unnamed spring northwest of Creek, as a result of excessive ash and management may be required to Granite Peak in Catron County, New sediment flows; this is similar to what maintain or develop the physical or Mexico. The Little Creek Subunit is occurred in Little Creek as a result of the biological features, including the primarily managed by the Gila National 2011 Miller Fire. The physical or elimination or reduction of harmful Forest with additional parcels managed biological features in this unit may nonnative species. by the New Mexico Department of Game require special management Eagle Creek Subunit. We are and Fish. This subunit was affected by consideration due to competition with, proposing to designate 8,382 acres ash and sediment flows resulting from and predation by, harmful nonnative (3,392 ha) of critical habitat along 60.1 the 2011 Miller Fire that have likely species that are present in this unit; stream mi (96.7 km) of Eagle Creek, reduced the prey base for narrow- water diversions; channelization; Arizona, from its confluence with the headed gartersnakes. This subunit potential for high-intensity wildfires; Gila River, upstream to its confluence contains sufficient physical or biological and human development of areas with East Eagle Creek and Dry Prong features, including PCEs 1 (aquatic adjacent to proposed critical habitat. Creek in Graham County. Eagle Creek habitat characteristics), 2 (terrestrial occurs primarily on privately owned habitat characteristics), and 4 (absence Middle Gila River Subbasin Unit lands, with remaining lands managed by or low level of harmful nonnative The Middle Gila River Mainstem the Apache-Sitgreaves National Forest species), but PCE 3 (prey base) is Subbasin Unit is generally located and the U.S. Bureau of Land deficient. Special management may be within the Mogollon Rim in eastern Management, with additional lands required to maintain or develop the Arizona (Greenlee and Graham owned by the San Carlos Apache Tribe. physical or biological features, Counties), from the upstream end of San Groundwater pumping and water including the elimination or reduction Carlos Reservoir to the confluence of the diversions from Eagle Creek for use at

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the Morenci Mine may affect baseflow within the geographical area occupied River, upstream to its confluence with in Eagle Creek. However, this subunit by the species. Therefore, we are Campbell Blue Creek and Dry Blue generally contains sufficient physical or proposing the areas in this unit under Creek near the Arizona-New Mexico biological features, including PCEs 1 section 3(5)(A)(i) of the Act because State line in Catron County, New (aquatic habitat characteristics), 2 they are occupied by the species and Mexico. The Blue River Subunit is (terrestrial habitat characteristics), and 3 they contain sufficient amounts of the primarily managed by the Apache- (prey base), but PCE 4 (absence or low essential physical or biological features Sitgreaves National Forest with level of harmful nonnative species) is that may require special management additional parcels under private deficient. Special management may be considerations or protection. The ownership. The Blue River has required to maintain or develop the following narratives describe all of the historically maintained populations of physical or biological features, subunits proposed as critical habitat in crayfish and nonnative, spiny-rayed fish including the elimination or reduction the San Francisco River Unit. at various densities along its course. The of crayfish and nonnative, spiny-rayed San Francisco River Subunit. We are 2011 Wallow Fire burned within this fish, as well as to maintain adequate proposing to designate 23,178 acres subbasin, which resulted in significant base flows in Eagle Creek. Lands owned (9,380 ha) of critical habitat along 163.3 flooding with excessive ash and by the San Carlos Apache Tribe are stream mi (262.7 km) of the San sediment loads. These sediment and being considered for exclusion from the Francisco River, from its confluence ash-laden floods may have final rule for critical habitat under with the Gila River in Greenlee County, simultaneously reduced populations of section 4(b)(2) of the Act (see Arizona, upstream to its origin harmful nonnative species and native Application of Section 4(b)(2) of the Act northwest of Long Canyon in the Noble prey species for narrow-headed below). Mountains in Catron County, New gartersnakes downstream of the The Middle Gila River Subbasin Unit Mexico. The San Francisco River confluences with affected tributaries. is proposed as critical habitat for the Subunit is primarily managed by the This subunit generally contains narrow-headed gartersnake because it is Apache-Sitgreaves and Gila National sufficient physical or biological features, occupied at the time of listing and Forests, with additional parcels including PCEs 1 (aquatic habitat contains sufficient physical or biological managed by the U.S. Bureau of Land characteristics) and 2 (terrestrial habitat features to support life-history functions Management, the Arizona State Land characteristics), but PCEs 3 (prey base) essential for the conservation of the Department, and under private and 4 (absence or low level of harmful species. Agricultural diversions and ownership. Water diversions have nonnative species) may be deficient in groundwater pumping have caused dewatered sections of the San Francisco some reaches. Special management may declines in the water table, and surface River in the upper Alma Valley and at be required to maintain or develop the flows in this reach of the Gila River. The Pleasanton, New Mexico. The San physical or biological features, physical or biological features in this Francisco River has historically including preventing the reinvasion of unit may require special management maintained populations of bullfrogs, harmful nonnative species and consideration due to competition with, crayfish, and nonnative, spiny-rayed reestablishing of native prey lost as a and predation by, harmful nonnative fish at various densities along its course. result of flooding and ash and sediment species that are present in this unit; The 2012 Whitewater-Baldy Complex flows from the 2011 Wallow Fire. water diversions; groundwater Fire burned at both moderate and high Campbell Blue Creek Subunit. We are pumping; potential for high-intensity severity within the San Francisco River proposing to designate 3,008 acres wildfires; and human development of Subbasin and has likely resulted in (1,217 ha) of critical habitat along 22.1 areas adjacent to proposed critical significant flooding with excessive ash stream mi (35.6 km) of Campbell Blue habitat. and sediment loads. These sediment Creek, from its confluence with the Blue and ash-laden floods may have River and Dry Blue Creek, upstream to San Francisco River Subbasin Unit simultaneously reduced populations of its origin on Tenney Mountain in The San Francisco River Subbasin harmful nonnative species and native Greenlee County, Arizona. The Unit is generally located in eastern prey species for narrow-headed Campbell Blue Creek Subunit is Arizona in the vicinity of Clifton gartersnakes downstream of the primarily managed by the Apache- (Greenlee County), including confluences with affected tributaries. Sitgreaves National Forest with southwestern New Mexico in the This subunit generally contains additional parcels under private vicinities of Glenwood and Reserve, sufficient physical or biological features, ownership. The Campbell Blue Creek New Mexico (Catron County). This unit including PCEs 1 (aquatic habitat subbasin resides within the footprint of consists of a total of 45,075 acres characteristics) and 2 (terrestrial habitat the 2011 Wallow Fire, but the exact (18,241 ha) along 322 stream mi (517 characteristics), but PCEs 3 (prey base) effects of the fire on this subunit are not km) of proposed critical habitat along and 4 (absence or low level of harmful entirely known at this time. This the San Francisco mainstem, Blue River, nonnative species) may be deficient in subunit generally contains sufficient Campbell Blue Creek, Dry Blue Creek, some reaches. Special management may physical or biological features, South Fork Negrito Creek, Saliz Creek, be required to maintain or develop the including PCEs 1 (aquatic habitat Tularosa River, and Whitewater Creek. physical or biological features, characteristics), 2 (terrestrial habitat Land ownership or land management including preventing the reinvasion of characteristics), and 3 (prey base), but within this unit consists of lands harmful nonnative species and PCE 4 (absence or low level of harmful managed by the U.S. Forest Service, reestablishing native prey lost as a result nonnative species) is deficient. Special U.S. Bureau of Land Management, New of flooding and ash and sediment flows management may be required to Mexico Department of Fish and Game, from the 2012 Whitewater-Baldy maintain or develop the physical or State Trust lands, and private Complex Fire. biological features, including the ownership. Some identified areas Blue River Subunit. We are proposing elimination or reduction of bullfrogs described in the San Francisco River to designate 7,432 acres (3,007 ha) of and crayfish. Subbasin Unit have records for narrow- critical habitat along 53.4 stream mi Dry Blue Creek Subunit. We are headed gartersnakes, but all identified (86.0 km) of the Blue River, from its proposing to designate 1,320 acres (534 areas are considered as being currently confluence with the San Francisco ha) of critical habitat along 9.4 stream

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mi (15.2 km) of Dry Blue Creek, from its habitat characteristics), and 3 (prey from the 2012 Whitewater-Baldy confluence with Campbell Blue Creek base), but PCE 4 (absence or low level Complex Fire. and Blue River, upstream to its origin of harmful nonnative species) is The San Francisco River Subbasin north of Hy Clark Spring in Greenlee deficient. Special management may be Unit is proposed as critical habitat for County, Arizona. The Dry Blue Creek required to maintain or develop the the narrow-headed gartersnake because Subunit is managed by the Apache- physical or biological features, it is occupied at the time of listing and Sitgreaves National Forest. The area including management against the contains sufficient physical or biological proposed along Dry Blue Creek is within invasion of bullfrogs, crayfish, and features to support life-history functions the area occupied by the narrow-headed nonnative, spiny-rayed fish. essential for the conservation of the gartersnake. The Dry Blue Creek Tularosa River Subunit. We are species. The physical or biological subbasin resides within the footprint of proposing to designate 4,728 acres features in this unit may require special the 2011 Wallow Fire, but the exact (1,913 ha) of critical habitat along 34.8 management consideration due to effects of the fire on this subunit are not stream mi (55.9 km) of the Tularosa competition with, and predation by, entirely known at this time. This River, from its confluence with the San harmful nonnative species that are subunit contains sufficient physical or Francisco River, upstream to Tularosa present in this unit; water diversions; biological features, including all PCEs. Spring in Catron County, New Mexico. potential for high-intensity wildfires; Special management may be required to Land ownership along the Tularosa and human development of areas maintain or develop the physical or River is primarily private, with adjacent to proposed critical habitat. biological features, including additional parcels managed by the Gila Upper Salt River Subbasin Unit management against the invasion of National Forest and the U.S. Bureau of The Upper Salt River Subbasin Unit is bullfrogs and nonnative, spiny-rayed Land Management. This subunit fish. generally located along the Mogollon contains sufficient physical or biological Rim in east-central Arizona, and South Fork Negrito Creek Subunit. We features, including PCEs 1 (aquatic are proposing to designate 1,483 acres includes portions of Gila, Graham, habitat characteristics), 2 (terrestrial Apache, Navajo, Greenlee, and (600 ha) of critical habitat along 10.6 habitat characteristics), and 3 (prey stream mi (17.0 km) of South Fork Coconino Counties. The Upper Salt base), but PCE 4 (absence or low level River Subbasin Unit largely includes Negrito Creek, from its confluence with of harmful nonnative species) is Negrito Creek and North Fork Negrito remote, rural areas, generally under the deficient. Special management may be ownership and management of tribal Creek, upstream to its confluence with required to maintain or develop the unnamed drainage south of FR 4313B, governments, specifically the White physical or biological features, in Catron County, New Mexico. The Mountain Apache and San Carlos including the elimination or reduction South Fork Negrito Creek Subunit is Apache Tribes. This unit consists of a of bullfrogs and crayfish. managed by the Gila National Forest total of 58,014 acres (23,478 ha) along with additional parcels under private Whitewater Creek Subunit. We are 406 stream mi (654 km) of proposed ownership. South Fork Negrito Creek proposing to designate 2,829 acres critical habitat along the Salt River, may have been affected by the 2012 (1,145 ha) of critical habitat along 19.8 White River, Canyon Creek, Carrizo Whitewater-Baldy Complex Fire, but the stream mi (31.9 km) of Whitewater Creek, Cibecue Creek, Diamond Creek, exact effects of the fire on this subunit Creek, from its confluence with the San and Black River. Land ownership or are not entirely known at this time. This Francisco River, upstream to its origin land management within this unit subunit generally contains sufficient south of Whitewater Baldy Peak in consists of tribal lands and federally physical or biological features, Catron County, New Mexico. Land along managed lands. Federal lands include including PCEs 1 (aquatic habitat Whitewater Creek is primarily managed those managed by the U.S. Forest characteristics), 2 (terrestrial habitat by the Gila National Forest with Service. All identified areas described characteristics), and 3 (prey base), but additional parcels managed by the New in the Upper Salt River Subbasin Unit PCE 4 (absence or low level of harmful Mexico Department of Fish and Game or have records for narrow-headed nonnative species) is deficient. Special under private land ownership. The 2012 gartersnakes, and all identified areas are management may be required to Whitewater-Baldy Complex Fire burned considered as currently within the maintain or develop the physical or at both moderate and high severity geographical area occupied by the biological features, including the within the Whitewater Creek Subbasin, species. Therefore, we are proposing the elimination or reduction of bullfrogs. which likely resulted in significant areas in this unit under section Saliz Creek Subunit. We are flooding with excessive ash and 3(5)(A)(i) of the Act because they are proposing to designate 1,099 acres (445 sediment loads. These sediment and occupied by the species and because ha) of critical habitat along 8.2 stream ash-laden floods have likely reduced they contain sufficient amounts of the mi (13.1 km) of Saliz Creek, from its native prey populations for narrow- essential physical or biological features confluence with the San Francisco headed gartersnakes for the short to that may require special management River, upstream to its origin at an medium term. This subunit generally considerations or protection. The unnamed spring north of Highway Tank contains sufficient physical or biological following narratives describe all of the in Catron County, New Mexico. The features, including PCEs 1 (aquatic subunits proposed as critical habitat in Saliz Creek Subunit is managed by the habitat characteristics), 2 (terrestrial the Upper Salt River Subbasin Unit. Gila National Forest with additional habitat characteristics), and 4 (absence Salt River Subunit. We are proposing parcels under private ownership. The or low level of harmful nonnative to designate 12,877 acres (5,211 ha) of narrow-headed gartersnake prey base in species), but PCE 3 (prey base) may be critical habitat along 86.3 stream mi Saliz Creek was significantly affected by deficient. Special management may be (138.8 km) of the Salt River, from its the 2006 Martinez Fire, but has since required to maintain or develop the intersection with State Highway 288, rebounded, and the creek now supports physical or biological features, upstream to its confluence with Black four species of native fish. This subunit including preventing the invasion of and White rivers, northwest of Forks contains sufficient physical or biological harmful nonnative species and Butte, in Gila County, Arizona. The features, including PCEs 1 (aquatic reestablishing native prey lost as a result reach of the Salt River within this habitat characteristics), 2 (terrestrial of flooding and ash and sediment flows subunit is primarily owned by the

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White Mountain Apache and San Carlos the physical or biological features, stream mi (35.7 km) of Diamond Creek, Apache Tribes with additional parcels including preventing the invasion of from its confluence with the White managed by the Tonto National Forest. harmful nonnative species. Lands River, upstream to its origin northwest This subunit contains sufficient owned by the White Mountain Apache of Diamond Butte in White Mountains, physical or biological features, Tribe are being considered for exclusion in Apache and Navajo Counties, including PCEs 1 (aquatic habitat from the final rule for critical habitat Arizona. Diamond Creek is solely characteristics), 2 (terrestrial habitat under section 4(b)(2) of the Act (see owned by the White Mountain Apache characteristics), and 3 (prey base), but Application of Section 4(b)(2) of the Act Tribe. This subunit contains sufficient PCE 4 (absence or low level of harmful below). physical or biological features, nonnative species) is deficient. Special Carrizo Creek Subunit. We are including PCEs 1 (aquatic habitat management may be required to proposing to designate 9,033 acres characteristics), 2 (terrestrial habitat maintain or develop the physical or (3,656 ha) of critical habitat along 64.3 characteristics), and 3 (prey base), but biological features, including the stream mi (103.5 km) of Carrizo Creek, PCE 4 (absence or low level of harmful elimination or reduction of crayfish and from its confluence with the Salt River, nonnative species) may be deficient. nonnative, spiny-rayed fish. Lands upstream to its origin north of Carrizo Special management may be required to owned by the White Mountain Apache Ridge, north of the White Mountain maintain or develop the physical or and San Carlos Apache Tribes are being Apache Indian Reservation, in Gila and biological features, including the considered for exclusion from the final Navajo Counties, Arizona. Carrizo Creek elimination or reduction of harmful rule for critical habitat under section is primarily owned by the White nonnative species. This subunit is being 4(b)(2) of the Act (see Application of Mountain Apache Tribe with additional considered for exclusion from the final Section 4(b)(2) of the Act below). parcels under Apache-Sitgreaves rule for critical habitat under section White River Subunit. We are National Forest management. This 4(b)(2) of the Act (see Application of proposing to designate 2,588 acres subunit contains sufficient physical or Section 4(b)(2) of the Act below). (1,047 ha) of critical habitat along 18.1 biological features, including PCEs 1 Black River Subunit. We are stream mi (29.1 km) of the White River (aquatic habitat characteristics), 2 proposing to designate 16,384 acres from its confluence with the Salt and (terrestrial habitat characteristics), and 3 (6,630 ha) of critical habitat along 114.4 Black rivers, upstream to its confluence (prey base), but PCE 4 (absence or low stream mi (184.0 km) of the Black River with its own East and North Forks. The level of harmful nonnative species) may from its confluence with the Salt and White River Subunit occurs in Gila and be deficient. Special management may White rivers, upstream to its confluence Navajo Counties, Arizona. The White be required to maintain or develop the with its own East and West Forks. The River drainage is solely owned by the physical or biological features, Black River Subunit occurs in Apache, White Mountain Apache Tribe. This including the elimination or reduction Gila, Graham and Greenlee Counties, subunit contains sufficient physical or of harmful nonnative species. Lands Arizona. Areas along the Black River are biological features, including PCEs 1 owned by the White Mountain Apache primarily owned by the White Mountain (aquatic habitat characteristics), 2 Tribe are being considered for exclusion Apache and San Carlos Apache Tribes, (terrestrial habitat characteristics), and 3 from the final rule for critical habitat with additional parcels managed by the (prey base), but PCE 4 (absence or low under section 4(b)(2) of the Act (see Apache-Sitgreaves National Forest. level of harmful nonnative species) is Application of Section 4(b)(2) of the Act Water in the Black River is diverted for deficient. Special management may be below). use at the Morenci Mine, which may required to maintain or develop the Cibecue Creek Subunit. We are affect baseflow. This subunit contains physical or biological features, proposing to designate 6,669 acres sufficient physical or biological features, including the elimination or reduction (2,699 ha) of critical habitat along 48.1 including PCEs 1 (aquatic habitat of nonnative, spiny-rayed fish and stream mi (77.3 km) of Cibecue Creek, characteristics) and 2 (terrestrial habitat possibly crayfish or bullfrogs. This from its confluence with the Salt River characteristics), but PCEs 3 (prey base) subunit is being considered for west of Coyote Canyon, upstream to its and 4 (absence or low level of harmful exclusion from the final rule for critical origin north of Gatewood Canyon on the nonnative species) are deficient. The habitat under section 4(b)(2) of the Act White Mountain Apache Indian native fish prey base may be depressed (see Application of Section 4(b)(2) of the Reservation, in Gila and Navajo in the short to medium term as a result Act below). Counties, Arizona. Cibecue Creek is of the 2011 Wallow Fire. Special Canyon Creek Subunit. We are solely owned by the White Mountain management may be required to proposing to designate 7,346 acres Apache Tribe. This subunit contains maintain or develop the physical or (2,973 ha) of critical habitat along 52.8 sufficient physical or biological features, biological features, including the stream mi (85.0 km) of Canyon Creek, including PCEs 1 (aquatic habitat elimination or reduction of crayfish and, from its confluence with the Salt River characteristics), 2 (terrestrial habitat possibly, nonnative, spiny-rayed fish, as northwest of Canyon Creek Butte, characteristics), and 3 (prey base), but well as to maintain adequate base flows upstream to its origin southwest of PCE 4 (absence or low level of harmful in the Black River. Lands owned by the Forest Lakes, south of Rim Road, in nonnative species) may be deficient. White Mountain Apache and San Carlos Coconino, Gila, and Navajo Counties, Special management may be required to Apache Tribes are being considered for Arizona. Canyon Creek is primarily maintain or develop the physical or exclusion from the final rule for critical owned by the White Mountain Apache biological features, including the habitat under section 4(b)(2) of the Act Tribe with additional parcels under elimination or reduction of harmful (see Application of Section 4(b)(2) of the management by the Apache-Sitgreaves nonnative species. This subunit is being Act below). and Tonto National Forests. The area considered for exclusion from the final The Upper Salt River Subbasin Unit is proposed along Canyon Creek is within rule for critical habitat under section proposed as critical habitat for the the area occupied by the narrow-headed 4(b)(2) of the Act (see Application of narrow-headed gartersnake because it is gartersnake. This subunit contains Section 4(b)(2) of the Act below). occupied at the time of listing and sufficient physical or biological features, Diamond Creek Subunit. We are largely contains sufficient physical or including all PCEs. Special management proposing to designate 3,117 acres biological features to support life- may be required to maintain or develop (1,261 ha) of critical habitat along 22.2 history functions essential for the

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conservation of the species. However, ha) of critical habitat along 14.7 stream competition with, and predation by, the 2011 Wallow Fire adversely affected mi (23.7 km) of Houston Creek, from its harmful nonnative species that are a large proportion of the Black River confluence with Tonto Creek upstream present in this unit; water diversions; drainage, and subsequent ash and to its origin below Walnut Flat north of flood-control projects; potential for sediment flows have likely resulted in a the town of Star Valley, in Gila County, high-intensity wildfires; and depressed fish community, which could Arizona. Houston Creek occurs development of areas adjacent to or stress resident narrow-headed predominately on lands managed by the within proposed critical habitat. gartersnake populations in the short to Tonto National Forest. The remaining Verde River Subbasin Unit medium term. The physical or land ownership is private. This subunit biological features in this unit may contains sufficient physical or biological The Verde River Subbasin Unit is require special management features, including PCEs 1 (aquatic generally located southwest of Paulden, consideration due to competition with, habitat characteristics), 2 (terrestrial Arizona, and northwest of Payson, and predation by, harmful nonnative habitat characteristics), and 3 (prey Arizona, in Coconino, Gila, and Yavapai species that are present in this unit; base), but PCE 4 (absence or low level Counties. This unit consists of a total of water diversions; potential for high- of harmful nonnative species) is 35,586 acres (14,401 ha) along intensity wildfires; and human deficient. Special management may be approximately 248 stream mi (399 km) development of areas adjacent to required to maintain or develop the of proposed critical habitat along the proposed critical habitat. physical or biological features, Verde River and its tributaries, including the elimination or reduction including Oak Creek, West Fork Oak Tonto Creek Subbasin Unit of crayfish and nonnative, spiny-rayed Creek, and the East Verde River. Lands The Tonto Creek Subbasin Unit is fish. within this unit consist of federally generally located southeast of Payson, Tonto Creek Subunit. We are managed lands, State Trust lands and Arizona, and northeast of the Phoenix proposing to designate 7,712 acres other State-managed lands, tribal lands, metropolitan area, in Gila County. This (3,121 ha) of critical habitat along 54.1 and privately owned lands. All unit consists of a total of 12,795 acres stream mi (87.0 km) of Tonto Creek, identified areas are considered as being (5,178 ha) along 91 stream mi (146 km) from its confluence with an unnamed within the geographical area currently of proposed critical habitat along tributary northeast of Punkin Center occupied by the species. We are Haigler Creek, Houston Creek, and upstream to its origin northeast of Tonto proposing the areas in this unit under Tonto Creek. Land ownership or land Spring, south of Rim Road, in Gila section 3(5)(A)(i) of the Act because management within this unit consists of County, Arizona. Tonto Creek occurs they are occupied by the species and lands managed by the Tonto National predominately on lands managed by the because they contain essential physical Forest and privately owned lands. All Tonto National Forest. The remaining or biological features that may require identified areas are considered as being landownership is private. Some reaches special management considerations or within the geographical area currently along Tonto Creek experience seasonal protection. The following narratives occupied by the species. We are drying as a result of regional describe all of the subunits proposed as proposing the areas in this unit under groundwater pumping, while others are critical habitat in the Verde River section 3(5)(A)(i) of the Act because affected by diversions or existing or Subbasin Unit. they are occupied by the species and planned flood control projects. Verde River Subunit. We are because they contain essential physical Development along private reaches of proposing to designate 18,721 acres or biological features that may require Tonto Creek may also affect terrestrial (7,576 ha) of critical habitat along 127.5 special management considerations or characteristics of narrow-headed stream mi (205.2 km) of the Verde River, protection. The following narratives gartersnake habitat. Mercury has been from its confluence with Red Creek describe all of the subunits proposed as detected in fish samples within Tonto southwest of Wet Bottom Mesa, critical habitat in the Tonto Creek Creek, and further research is necessary upstream to its confluence with Subbasin Unit. to determine if mercury is Sullivan Lake, in Gila and Yavapai Haigler Creek Subunit. We are bioaccumulating in the resident food Counties, Arizona. The Verde River proposing to designate 3,037 acres chain. In general, this subunit contains occurs predominantly on lands (1,229 ha) of critical habitat along 21.8 sufficient physical or biological features, managed by the U.S. Forest Service on stream mi (35.2 km) of Haigler Creek, including PCEs 1 (aquatic habitat the Prescott, Tonto, and Coconino from its confluence with Tonto Creek characteristics), 2 (terrestrial habitat National Forests. Remaining land upstream to its origin at east end of characteristics), and 3 (prey base), but management and ownership includes Naeglin Canyon, west of Cherry Creek, PCE 4 (absence or low level of harmful the Arizona Game and Fish Department, in Gila County, Arizona. Haigler Creek nonnative species) is deficient. Special Arizona State Parks, Arizona State occurs predominately on lands managed management may be required to Trust, Yavapai Apache Tribe, and by the Tonto National Forest. The maintain or develop the physical or private land owners. Proposed remaining land ownership is private. biological features, including the groundwater pumping of the Big Chino This subunit contains sufficient elimination or reduction of crayfish, Aquifer may adversely affect future physical or biological features, bullfrogs, and nonnative, spiny-rayed baseflow in the Verde River, and including PCEs 1 (aquatic habitat fish, as well as to improve base flows. therefore PCE 1. Development along the characteristics), 2 (terrestrial habitat The Tonto Creek Subbasin Unit is Verde River has eliminated habitat characteristics), and 3 (prey base), but proposed as critical habitat for the along portions of the Verde River PCE 4 (absence or low level of harmful narrow-headed gartersnake because it is through the Verde Valley. In general, nonnative species) is deficient. Special occupied at the time of listing and this subunit contains sufficient physical management may be required to contains sufficient physical or biological or biological features, including PCEs 1 maintain or develop the physical or features to support life-history functions (aquatic habitat characteristics), 2 biological features, including the essential for the conservation of the (terrestrial habitat characteristics), and 3 elimination or reduction of crayfish. species. The physical or biological (prey base), but PCE 4 (absence or low Houston Creek Subunit. We are features in this unit may require special level of harmful nonnative species) is proposing to designate 2,046 acres (828 management consideration due to deficient. Special management may be

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required to maintain or develop the deficient. Special management may be destruction or adverse modification of physical or biological features, required to maintain or develop the proposed critical habitat. including the elimination or reduction physical or biological features, Decisions by the 5th and 9th Circuit of crayfish, nonnative, spiny-rayed fish, including the elimination or reduction Courts of Appeals have invalidated our and bullfrogs, as well as ensure of harmful nonnative species. regulatory definition of ‘‘destruction or adequate flow is retained in the Verde East Verde River Subunit. We are adverse modification’’ (50 CFR 402.02) River. Lands along the Verde River proposing to designate 7,360 acres (see Gifford Pinchot Task Force v. U.S. mainstem included in the Arizona Game (2,978 ha) of critical habitat along 53.3 Fish and Wildlife Service, 378 F. 3d and Fish Departments’ Upper Verde stream mi (85.8 km) of East Verde River, 1059 (9th Cir. 2004) and Sierra Club v. Wildlife Area, lands owned by the from the confluence with the Verde U.S. Fish and Wildlife Service et al., 245 Yavapai Apache Tribe, the Nature River upstream to its origin south of F.3d 434, 442 (5th Cir. 2001)), and we Conservancy’s Verde Springs Preserve, Rim Road along the Mogollon Rim, in do not rely on this regulatory definition as well as those owned by the Salt River Gila County, Arizona. East Verde River when analyzing whether an action is Project and addressed within their occurs predominantly on lands likely to destroy or adversely modify Horseshoe-Bartlett and Roosevelt Lake managed by the Tonto National Forest, critical habitat. Under the statutory Habitat Conservation Plans (HCP) are with remaining lands privately owned. provisions of the Act, we determine being considered for exclusion from the This subunit contains sufficient destruction or adverse modification on final rule for critical habitat under physical or biological features, the basis of whether, with section 4(b)(2) of the Act (see including PCEs 1 (aquatic habitat implementation of the proposed Federal Application of Section 4(b)(2) of the Act characteristics), 2 (terrestrial habitat action, the affected critical habitat below). characteristics), and 3 (prey base), but would continue to serve its intended Oak Creek Subunit. We are proposing PCE 4 (absence or low level of harmful conservation role for the species. to designate 7,369 acres (2,982 ha) of nonnative species) is deficient. Special If a Federal action may affect a listed critical habitat along 51.3 stream mi management may be required to species or its critical habitat, the (82.5 km) of Oak Creek, from its maintain or develop the physical or responsible Federal agency (action confluence with the Verde River biological features, including the agency) must enter into consultation upstream to its confluence with Sterling elimination or reduction of crayfish and with us. In addition to actions that Canyon, in Yavapai and Coconino nonnative, spiny-rayed fish. occur on Federal lands, other examples Counties, Arizona. Above Sterling The Verde River Subbasin Unit is of actions that are subject to the section Canyon, flows are insufficient to proposed as critical habitat for the 7 consultation process are actions on maintain aquatic habitat and prey narrow-headed gartersnake because it is State, Tribal, local, or private lands that species. Oak Creek occurs occupied at the time of listing and require a Federal permit (such as a predominately on lands managed by contains sufficient physical or biological permit from the U.S. Army Corps of Coconino National Forest and privately features to support life-history functions Engineers under section 404 of the owned lands. Remaining lands are essential for the conservation of the Clean Water Act (33 U.S.C. 1251 et seq.) managed by Arizona Game and Fish species. Increasing demands for surface or a permit from the Service under Department and Arizona State Parks. water allocations present a potential section 10 of the Act), or that involve This subunit contains sufficient threat to baseflow in the East Verde some other Federal action (such as physical or biological features, River. The physical or biological funding from the Federal Highway including PCEs 1 (aquatic habitat features in this unit may require special Administration, Federal Aviation characteristics), 2 (terrestrial habitat management consideration due to Administration, or the Federal characteristics), and 3 (prey base), but competition with, and predation by, Emergency Management Agency). PCE 4 (absence or low level of harmful harmful nonnative species that are Federal actions not affecting listed nonnative species) is deficient present in this unit; water diversions; species or critical habitat, and actions downstream of Midgely Bridge to the existing and proposed groundwater on State, Tribal, local, or private lands confluence with the Verde River. pumping potentially resulting in drying that are not federally-funded or Special management may be required to of habitat; potential for high-intensity authorized, do not require section 7 maintain or develop the physical or wildfires; and human development of consultation. biological features, including areas adjacent to proposed critical As a result of section 7 consultation, encouragement of native prey base and habitat. we document compliance with the the elimination or reduction of crayfish, requirements of section 7(a)(2) through nonnative, spiny-rayed fish, and Effects of Critical Habitat Designation our issuance of: (1) A concurrence letter for Federal bullfrogs downstream of Midgely Section 7 Consultation Bridge. actions that may affect, but are not West Fork Oak Creek Subunit. We are Section 7(a)(2) of the Act requires likely to adversely affect, listed species proposing to designate 2,137 acres (865 Federal agencies, including the Service, or critical habitat; or ha) of critical habitat along 16.1 stream to ensure that any action they fund, (2) A biological opinion for Federal mi (25.9 km) of West Fork Oak Creek, authorize, or carry out is not likely to actions that may affect, or are likely to from its confluence with the Oak Creek jeopardize the continued existence of adversely affect, listed species or critical upstream to its origin southeast of Hog any endangered species or threatened habitat. Hill, in Coconino County, Arizona. The species or result in the destruction or When we issue a biological opinion West Fork of Oak Creek is managed by adverse modification of designated concluding that a project is likely to the Coconino National Forest. This critical habitat of such species. In jeopardize the continued existence of a subunit contains sufficient physical or addition, section 7(a)(4) of the Act listed species and/or destroy or biological features, including PCEs 1 requires Federal agencies to confer with adversely modify critical habitat, we (aquatic habitat characteristics), 2 the Service on any agency action which provide reasonable and prudent (terrestrial habitat characteristics), and 3 is likely to jeopardize the continued alternatives to the project, if any are (prey base), but PCE 4 (absence or low existence of any species proposed to be identifiable, that would avoid the level of harmful nonnative species) is listed under the Act or result in the likelihood of jeopardy and/or

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destruction or adverse modification of involving a Federal action that may pollutants, or effluents into the surface critical habitat. We define ‘‘reasonable destroy or adversely modify such water or into connected groundwater at and prudent alternatives’’ (at 50 CFR habitat, or that may be affected by such a point source or by dispersed release 402.02) as alternative actions identified designation. (non-point source); aerial deposition of during consultation that: Activities that may affect critical known toxicants, such as mercury, that (1) Can be implemented in a manner habitat, when carried out, funded, or are positively correlated to regional consistent with the intended purpose of authorized by a Federal agency, should exceedences of water quality standards the action, result in section 7 consultation related for these toxicants; livestock grazing (2) Can be implemented consistent to effects to the northern Mexican or that results in waters heavily polluted with the scope of the Federal agency’s narrow-headed gartersnakes. These by feces; runoff from agricultural fields; legal authority and jurisdiction, activities include, but are not limited to: roadside use of salts; aerial pesticide (3) Are economically and (1) Actions that would alter the overspray; runoff from mine tailings or technologically feasible, and amount, timing, or frequency of flow other mining activities; and ash flow (4) Would, in the Director’s opinion, within a stream or the quantity of and fire retardants from fires and fire avoid the likelihood of jeopardizing the available water within wetland habitat suppression. These actions could continued existence of the listed species such that the prey base for either adversely affect the ability of the habitat and/or avoid the likelihood of gartersnake species, or the gartersnakes to support survival and reproduction of destroying or adversely modifying themselves, are appreciably diminished gartersnake prey species. Variances in critical habitat. or threatened with extirpation. Such water chemistry or temperature could Reasonable and prudent alternatives activities could include, but are not also affect a leopard frog’s ability to can vary from slight project limited to: Water diversions; survive with disease such as modifications to extensive redesign or channelization; construction of any Batrachochytrium dendrobatidis (Bd). relocation of the project. Costs barriers or impediments within the (4) Actions that would remove, associated with implementing a active river channel; removal of flows in diminish, or significantly alter the reasonable and prudent alternative are excess of those allotted under a given structural complexity of key terrestrial similarly variable. water right; construction of permanent habitat features within 600 feet (183 m) Regulations at 50 CFR 402.16 require or temporary diversion structures; of aquatic habitat. Terrestrial features Federal agencies to reinitiate groundwater pumping within aquifers may be organic or inorganic, may be consultation on previously reviewed associated with the river; or dewatering natural or manmade, and include, but actions in instances where we have of isolated within-channel pools or are not limited to, boulders and boulder listed a new species or subsequently stock tanks. These activities could result piles, rocks such as river cobble, designated critical habitat that may be in the reduction of the distribution or downed trees or logs, debris jams, small affected by the action, and the Federal abundance of important gartersnake mammal burrows, or leaf litter. Such agency has retained discretionary prey species, as well as reduce the activities could include, but are not involvement or control over the action distribution and amount of suitable limited to: Construction projects; flood (or the agency’s discretionary physical habitat on a regional landscape control projects; vegetation management involvement or control is authorized by for the gartersnakes themselves. projects; or any project that requires a law). Consequently, Federal agencies (2) Actions that would significantly 404 permit from the U.S. Army Corps of sometimes may need to request increase sediment deposition or Engineers. These activities could result reinitiation of consultation with us on scouring within the stream channel or in a reduction of the amount or actions for which formal consultation pond that is habitat for the northern distribution of these key habitat features has been completed, if those actions Mexican or narrow-headed gartersnake, that are important for gartersnake with discretionary involvement or or one or more of their prey species thermoregulation, gestation, shelter, control may affect subsequently listed within the range of either gartersnake protection from predators, and foraging species or designated critical habitat. species. Such activities could include, opportunities. but are not limited to: Excessive (5) Actions and structures that would Application of the ‘‘Adverse sedimentation from livestock physically block movement of Modification’’ Standard overgrazing; road construction; gartersnakes or their prey species within The key factor related to the adverse commercial or urban development; or between regionally proximal modification determination is whether, channel alteration; timber harvest; populations or suitable habitat. Such with implementation of the proposed prescribed fires or wildfire suppression; actions and structures include, but are Federal action, the affected critical off-road vehicle or recreational use; and not limited to: Urban, industrial, or habitat would continue to serve its other alterations of watersheds and agricultural development; reservoirs intended conservation role for the floodplains. These activities could stocked with predatory fishes, bullfrogs, species. In this case, those activities that adversely affect the potential for or crayfish that are 50 ac (20 ha) or more may destroy or adversely modify critical gartersnake prey species to survive or in size; highways that do not include habitat are those that alter the physical breed. They may also reduce the reptile and amphibian fencing and or biological features to an extent that likelihood that their prey species, culverts; and walls, dams, fences, appreciably reduces the conservation leopard frogs for example, could move canals, or other structures that could value of critical habitat for the northern among subpopulations in a functioning physically block movement of Mexican and narrow-headed metapopulation. This would, in turn, gartersnakes. These actions and gartersnakes. As discussed above, the decrease the viability of structures could reduce or eliminate role of critical habitat is to support life- metapopulations and their component immigration and emigration among history needs of the species and provide local populations of prey species. gartersnake populations, or that of their for the conservation of the species. (3) Actions that would alter water prey species, reducing the long-term Section 4(b)(8) of the Act requires us chemistry beyond the tolerance limits of viability of populations. to briefly evaluate and describe, in any a gartersnake prey base. Such activities (6) Actions that would directly or proposed or final regulation that could include, but are not limited to: indirectly result in the introduction, designates critical habitat, activities Release of chemicals, biological spread, or augmentation of harmful

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nonnative species in gartersnake habitat, integrated natural resources data available, that the failure to or in habitat that is hydrologically management plan (INRMP) by designate such area as critical habitat connected, even if those segments are November 17, 2001. An INRMP will result in the extinction of the occasionally intermittent, or integrates implementation of the species. In making that determination, introduction of other species that military mission of the installation with the statute on its face, as well as the compete with or prey on either stewardship of the natural resources legislative history are clear that the gartersnake species or their prey base, or found on the base. Each INRMP Secretary has broad discretion regarding introduce disease, particularly includes: which factor(s) to use and how much chytridiomycosis (the disease caused by (1) An assessment of the ecological weight to give to any factor. Bd) which is a serious threat to the needs on the installation, including the In considering whether to exclude a amphibian prey base of northern need to provide for the conservation of particular area from the designation, we Mexican gartersnakes. Possible actions listed species; identify the benefits of including the could include, but are not limited to: (2) A statement of goals and priorities; area in the designation, identify the Introduction or stocking of nonnative, (3) A detailed description of benefits of excluding the area from the spiny-rayed fishes, bullfrogs, crayfish, management actions to be implemented designation, and evaluate whether the tiger salamanders, or other predators on to provide for these ecological needs; benefits of exclusion outweigh the the prey base of northern Mexican or and benefits of inclusion. If the analysis narrow-headed gartersnakes; creating or (4) A monitoring and adaptive indicates that the benefits of exclusion sustaining a sport fishery that management plan. outweigh the benefits of inclusion, the encourages use of nonnative live fish, Among other things, each INRMP Secretary may exercise his discretion to crayfish, tiger salamanders, or frogs as must, to the extent appropriate and exclude the area only if such exclusion bait; maintaining or operating reservoirs applicable, provide for fish and wildlife would not result in the extinction of the that act as source populations for management; fish and wildlife habitat species. harmful nonnative species within a enhancement or modification; wetland When identifying the benefits of watershed; water diversions, canals, or protection, enhancement, and inclusion for an area, we consider the other water conveyance that moves restoration where necessary to support additional regulatory benefits that area water from one place to another and fish and wildlife; and enforcement of would receive from the protection from through which inadvertent transport of applicable natural resource laws. adverse modification or destruction as a harmful nonnative species into northern The National Defense Authorization result of actions with a Federal nexus; Mexican or narrow-headed gartersnake Act for Fiscal Year 2004 (Pub. L. 108– the educational benefits of mapping habitat may occur; and movement of 136) amended the Act to limit areas essential habitat for recovery of the listed species; and any benefits that may water, mud, wet equipment, or vehicles eligible for designation as critical result from a designation due to State or from one aquatic site to another, habitat. Specifically, section 4(a)(3)(B)(i) Federal laws that may apply to critical through which inadvertent transport of of the Act (16 U.S.C. 1533(a)(3)(B)(i)) habitat. Bd may occur. These activities directly now provides: ‘‘The Secretary shall not designate as critical habitat any lands or When identifying the benefits of or indirectly result in unnatural exclusion, we consider, among other competition with and predation from other geographic areas owned or controlled by the Department of things, whether exclusion of a specific harmful nonnative predators on these area is likely to result in conservation; gartersnake species, leading to Defense, or designated for its use, that are subject to an integrated natural the continuation, strengthening, or significantly reduced recruitment encouragement of partnerships; or resources management plan prepared within gartersnake populations and implementation of a management plan under section 101 of the Sikes Act (16 diminishment or extirpation of their that provides equal to or more U.S.C. 670a), if the Secretary determines prey base. conservation than a critical habitat in writing that such plan provides a (7) Actions that would deliberately designation would provide. remove, diminish, or significantly alter benefit to the species for which critical In the case of northern Mexican and the native or nonnative, soft-rayed fish habitat is proposed for designation.’’ narrow-headed gartersnakes, the There are no Department of Defense component of the gartersnake prey base benefits of critical habitat include lands with a completed INRMP within within occupied habitat for a period of public awareness of these gartersnakes’ the proposed critical habitat 7 days or longer. In general, these presence and the importance of habitat designations for the northern Mexican actions typically occur in association protection, and, in cases where a and narrow-headed gartersnakes. with fisheries management, such as the Federal nexus exists, increased habitat application of piscicides in conjunction Exclusions protection due to the protection from with fish barrier construction. These adverse modification or destruction of Application of Section 4(b)(2) of the Act activities are designed to completely critical habitat. remove target fish species from a Section 4(b)(2) of the Act states that The consultation provisions under treatment area and, if the area is fishless the Secretary shall designate and make section 7(a) of the Act constitute the for an extended period of time, could revisions to critical habitat on the basis regulatory benefits of critical habitat. result in starvation of a resident of the best available scientific data after Federal agencies must consult with us gartersnake population. taking into consideration the economic on discretionary actions that may affect Exemptions impact, national security impact, and critical habitat and must avoid any other relevant impacts of specifying destroying or adversely modifying Application of Section 4(a)(3) of the Act any particular area as critical habitat. critical habitat. Federal agencies must The Sikes Act Improvement Act of The Secretary may exclude an area from also consult with the Service on 1997 (Sikes Act) (16 U.S.C. 670a) critical habitat if he determines that the discretionary actions that may affect a required each military installation that benefits of such exclusion outweigh the listed species and refrain from includes land and water suitable for the benefits of specifying such area as part undertaking actions that are likely to conservation and management of of the critical habitat, unless he jeopardize the continued existence of natural resources to complete an determines, based on the best scientific such species. The analysis of effects to

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critical habitat is a separate and area. This helps focus and promote leopard frog provides an example; we different analysis from that of the effects conservation efforts by other parties by have often used the Service’s Partners to the species. Therefore, the difference clearly delineating areas of high for Fish and Wildlife grant program to in outcomes of these two analyses conservation value for the affected work with non-Federal partners on represents the regulatory benefit of species. For example, critical habitat recovery projects for this species. This critical habitat. For some species, and in designation can help inform State grant program requires a commitment some locations, the outcome of these agencies and local governments about from the participating landowner to analyses will be similar, because effects areas that could be conserved under maintain the improvements funded by on habitat will often result in effects on State laws or local ordinances. the program for 10 years. We have also the species. However, the regulatory Most federally listed species in the worked with private landowners on standard is different. The jeopardy United States will not recover without Chiricahua leopard frog conservation analysis looks at the action’s impact on the cooperation of non-Federal via safe harbor agreements in Arizona survival and recovery of the species, landowners. Geo-referenced data and southwestern New Mexico, a while the adverse modification analysis indicate that than 60 percent of the conservation agreement for the examines the action’s effects on the United States is privately owned, and at Chiricahua leopard frog that protects designated habitat’s contribution to the least 80 percent of endangered or frogs and their habitats on private and species’ conservation. This will, in threatened species occur either partially public lands in the Huachuca many instances, lead to different results or solely on private lands. U.S. Mountains of Arizona, and HCPs in and different regulatory requirements. Department of Interior data indicate that southeastern Arizona and southwestern Thus, critical habitat designations may only about 12 percent of listed species New Mexico. Collectively, these provide greater regulatory benefits to the were found almost exclusively on projects, programs, and agreements recovery of a species. Federal lands (90 to 100 percent of their benefit the northern Mexican There are two limitations to the known occurrences restricted to Federal gartersnake by meaningfully regulatory effect of critical habitat. First, lands) and that 50 percent of federally contributing to the recovery of an a section 7(a)(2) consultation is required listed species are not known to occur on important prey species, which also only where there is a Federal nexus (an Federal lands at all. indirectly benefits a Suite of native action authorized, funded, or carried out The majority of northern Mexican and riparian or aquatic species by by any Federal agency). If there is no narrow-headed gartersnake habitat and strengthening their ecosystem. Federal nexus, the critical habitat localities are on Federal lands, mostly Many private landowners, however, designation of non-Federal lands itself lands managed by the U.S. Forest are wary of the possible consequences of does not restrict any actions that destroy Service or Bureau of Land Management. attracting or maintaining endangered or adversely modify critical habitat. However, key aquatic sites are species to their property. Mounting However, this does not apply in sometimes on non-Federal lands. This is evidence suggests that some regulatory situations where non-Federal lands have particularly true for Arizona, where actions by the Federal government, a Federal nexus (e.g., a private project proposed critical habitat units include, while well-intentioned and required by on non-Federal lands that requires the in some cases, significant amounts of law, can (under certain circumstances) issuance of a permit from a Federal entirely non-Federal lands. have unintended negative consequences agency). Second, the designation only Building partnerships and promoting for the conservation of species on limits destruction or adverse voluntary cooperation of landowners are private lands (Wilcove et al. 1996, pp. modification. Critical habitat essential to understanding the status of 5–6; Bean 2002, pp. 2–3; Conner and designation alone does not require species on non-Federal lands, and Mathews 2002, pp. 1–2; James 2002, pp. property owners to undertake necessary for implementing recovery 270–271; Koch 2002, pp. 2–3; Brooke et affirmative actions to promote the actions, such as reestablishing listed al. 2003, pp. 1639–1643). Many recovery of the species. species and restoring and protecting landowners fear a decline in their The designation of critical habitat habitat. Many non-Federal landowners property value due to real or perceived does not require that any management derive satisfaction from contributing to restrictions on land-use options where or recovery actions take place on the endangered species recovery. We strive endangered or threatened species are lands included in the designation. Even to promote these private-sector efforts found. Consequently, harboring in cases where consultation has been through the Department of the Interior’s endangered species is viewed by many initiated under section 7(a)(2) of the Cooperative Conservation philosophy. landowners as a liability. This Act, the end result of consultation is to Conservation agreements with non- perception results in anti-conservation avoid jeopardy to the species or adverse Federal landowners (HCPs, safe harbor incentives, because maintaining habitats modification of its critical habitat or agreements, other conservation that harbor endangered species both, but not necessarily to manage agreements, easements, and State and represents a risk to future economic critical habitat or institute recovery local regulations) enhance species opportunities (Main et al. 1999, pp. actions on critical habitat. Conversely, conservation by extending species 1264–1265; Brook et al. 2003, pp. 1644– voluntary conservation efforts protections beyond those available 1648). implemented through management through section 7(a)(2) consultations. In According to some researchers, the plans may institute proactive actions the past decade and a half, we have designation of critical habitat on private over the lands they encompass and are encouraged non-Federal landowners to lands significantly reduces the often put in place to remove or reduce enter into conservation agreements, likelihood that landowners will support known threats to a species or its habitat, based on our philosophy that voluntary and carry out conservation actions therefore implementing recovery conservation can benefit both (Main et al. 1999, p. 1263; Bean 2002, actions. landowners and wildlife, and that we p. 2; Brook et al. 2003, pp. 1644–1648). Another benefit of including lands in can achieve greater species conservation The magnitude of this outcome is critical habitat is that serves to educate on non-Federal land through such greatly amplified in situations where landowners, State and local partnerships than we can through active management measures (such as governments, and the public regarding regulatory methods (61 FR 63854; reestablishment, fire management, the potential conservation value of an December 2, 1996). The Chiricahua control of harmful nonnative species)

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are necessary for species conservation the plan is finalized, how it provides for critical habitat areas of the Upper Gila (Bean 2002, pp. 3–4). Such is the case the conservation of the essential River, Agua Fria River, Upper Salt for the northern Mexican and narrow- physical or biological features, whether River, Verde River, Upper Santa Cruz headed gartersnakes. We believe that the there is a reasonable expectation that River, Redrock Canyon, Cienega Creek, judicious exclusion of specific areas of the conservation management strategies San Pedro River, and Babocomari River non-federally owned lands from critical and actions contained in a management subbasins for the northern Mexican habitat designations can contribute to plan will be implemented into the gartersnake; and the Upper Gila River, the species’ recovery and provide a future, whether the conservation Middle Gila River, Upper Salt River, superior level of conservation. strategies in the plan are likely to be and Verde River subbasins for the The purpose of designating critical effective, and whether the plan contains narrow-headed gartersnake are habitat is to contribute to the a monitoring program or adaptive appropriate for exclusion from the final conservation of endangered and management to ensure that the designation pursuant to section 4(b)(2) threatened species and the ecosystems conservation measures are effective and of the Act. If the analysis indicates that upon which they depend. The outcome can be adapted in the future in response the benefits of excluding lands from the of the designation, triggering regulatory to new information. final designation outweigh the benefits requirements for actions authorized, After identifying the benefits of of designating those lands as critical funded, or carried out by Federal inclusion and the benefits of exclusion, habitat, then the Secretary may exercise agencies under section 7(a)(2) of the we carefully weigh the two sides to his discretion to exclude the lands from Act, can sometimes be evaluate whether the benefits of the final designation. counterproductive to its intended exclusion outweigh those of inclusion. purpose on non-Federal lands. Thus, the If our analysis indicates that the benefits After reviewing the following areas benefits of excluding areas that are of exclusion outweigh the benefits of under section 4(b)(2) of the Act, we are covered by effective partnerships or inclusion, we then determine whether considering excluding them from the other conservation commitments can exclusion would result in extinction. If critical habitat designation for northern often be high. exclusion of an area from critical habitat Mexican and narrow-headed Some areas proposed for critical will result in extinction, we will not gartersnakes. Tables 4a and 4b below habitat can be excluded based on an exclude it from the designation. provide approximate areas (ac, ha) of existing management plan. When we Based on the information provided by lands that meet the definition of critical evaluate a management plan during our entities seeking exclusion, as well as habitat, but which are under our consideration of the benefits of any additional public comments consideration for possible exclusion exclusion, we assess a variety of factors, received, we will evaluate whether under section 4(b)(2) of the Act from the including, but not limited to, whether certain lands within the proposed final critical habitat rule.

TABLE 4a—AREAS CONSIDERED FOR EXCLUSION (BY CRITICAL HABITAT UNIT) FOR THE NORTHERN MEXICAN GARTERSNAKE

Areas meeting the definition of Areas considered Unit/Subunit Specific area critical habitat, in for possible ex- acres clusion, in acres (hectares) (hectares)

Upper Gila River Unit/Gila River ...... The Nature Conservancy’s Gila Riparian Preserve ...... 133 (54) 133 (54) Agua Fria River Subbasin Unit/Agua Fria Arizona Game and Fish Department’s Horseshoe Ranch 88 (36) 88 (36) River Mainstem. Property. Upper Salt River Subbasin Unit/Black River ... White Mountain Apache and San Carlos Apache Indian 13,760 13,760 Reservations. (5,569) (5,569) Upper Salt River Subbasin Unit/Big Bonito White Mountain Apache Reservation ...... 5,826 5,826 Creek. (2,358) (2,358) Verde River Subbasin Unit/Verde River ...... Yavapai Apache Reservation ...... 192 (78) 192 (78) Verde River Subbasin Unit/Verde River ...... Arizona Game and Fish Department’s Upper Verde 372 (150) 372 (150) Wildlife Area. Verde River Subbasin Unit/Verde River ...... The Nature Conservancy’s Verde Springs Preserve and 209 (84) 209 (84) Verde Valley Property. Verde River Subbasin Unit/Verde River ...... Salt River Project’s Camp Verde Riparian Preserve ...... 76 (31) 76 (31) Verde River Subbasin Unit/Oak Creek ...... Arizona Game and Fish Department’s Bubbling Ponds 149 (60) 149 (60) and Page Springs State Fish Hatcheries. Upper Santa Cruz River Subbasin Unit ...... San Rafael Ranch ...... 18,491 18,491 (7,483) (7,483) Redrock Canyon Subbasin Unit...... The Nature Conservancy’s Patagonia-Sonoita Creek 65 (26) 65 (26) Preserve. Cienega Creek Subbasin Unit/Cienega Creek Pima County’s Cienega Creek Natural Preserve ...... 4,260 4,260 Natural Preserve. (1,724) (1,724) San Pedro River Subbasin Unit/San Pedro The Nature Conservancy’s San Pedro River Preserve, 1,688 1,688 River. A7 Ranch, Cascabel, Dudleyville, and Upper San (683) (683) Pedro Properties. San Pedro River Subbasin Unit/San Pedro San Carlos Apache Indian Reservation ...... 76 (31) 76 (31) River. San Pedro River Subbasin Unit/San Pedro Salt River Project’s Spirit Hollow Preserve and Annex, 190 (77) 190 (77) River. Stillinger Preserve, and Adobe Preserve. Babocomari River Subbasin Unit/Appleton- Appleton-Whittell Research Ranch (includes portions of 7,754 (3,138) 2,515 (1,018) Whittell Research Ranch. Post Canyon, O’Donnel Canyon, and Turkey Creek).

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TABLE 4a—AREAS CONSIDERED FOR EXCLUSION (BY CRITICAL HABITAT UNIT) FOR THE NORTHERN MEXICAN GARTERSNAKE—Continued

Areas meeting the definition of Areas considered Unit/Subunit Specific area critical habitat, in for possible ex- acres clusion, in acres (hectares) (hectares)

Babocomari River Subbasin Unit/Canelo Hills The Nature Conservancy’s Canelo Hills Cienega Pre- 213 (86) 213 (86) Cienega Preserve. serve.

TABLE 4b—AREAS CONSIDERED FOR EXCLUSION (BY CRITICAL HABITAT UNIT) FOR THE NARROW-HEADED GARTERSNAKE

Areas meeting the definition of Areas considered Unit/Subunit Specific area critical habitat, in for possible ex- acres clusion, in acres (hectares) (hectares)

Upper Gila River Subbasin Unit/Gila River ...... The Nature Conservancy’s Gila Riparian Preserve ...... 133 (54) 133 (54) Middle Gila River Subbasin Unit/Eagle Creek San Carlos Apache Reservation ...... 2,558 2,558 (1,035) (1,035) Upper Salt River Subbasin Unit/Salt River ...... White Mountain Apache and San Carlos Apache Indian 7,502 7,502 Reservations. (3,036) (3,036) Upper Salt River Subbasin Unit/Black River ... White Mountain Apache and San Carlos Apache Indian 13,752 13,752 Reservations. (5,565) (5,565) Upper Salt River Subbasin Unit/White River ... White Mountain Apache Reservation ...... 2,588 2,588 (1,047) (1,047) Upper Salt River Subbasin Unit/Canyon Creek White Mountain Apache Reservation ...... 6,160 6,160 (2,493) (2,493) Upper Salt River Subbasin Unit/Carrizo Creek White Mountain Apache Reservation ...... 8,875 8,875 (3,592) (3,592) Upper Salt River Subbasin Unit/Cibeque White Mountain Apache Reservation ...... 6,669 6,669 Creek. (2,699) (2,699) Upper Salt River Subbasin Unit/Diamond White Mountain Apache Reservation ...... 3,117 3,117 Creek. (1,261) (1,261) Verde River Subbasin Unit/Verde River ...... Yavapai Apache Reservation ...... 192 192 (78) (78) Verde River Subbasin Unit/Verde River ...... Arizona Game and Fish Department’s Upper Verde 372 (150) 372 (150) River Wildlife Area. Verde River Subbasin Unit/Verde River ...... Salt River Project’s Camp Verde Riparian Preserve ...... 76 (31) 76 (31) Verde River Subbasin Unit/Verde River ...... The Nature Conservancy’s Verde Springs Preserve and 209 (84) 209 (84) Verde Valley Property.

We are considering these areas for We will announce the availability of Defense (DOD) where a national security exclusion because we believe that: the draft economic analysis as soon as impact might exist. (1) Their value for conservation will it is completed, at which time we will In preparing this proposal, we have be preserved in the future by existing seek public review and comment. At determined that the lands within the protective actions, or that time, copies of the draft economic proposed designation of critical habitat (2) They are appropriate for exclusion analysis will be available for for the northern Mexican and narrow- under the ‘‘other relevant factor’’ downloading from the Internet at http:// headed gartersnakes are not owned or provision of section 4(b)(2) of the Act. www.regulations.gov, or by contacting managed by the Department of Defense, However, we specifically solicit the Arizona Ecological Services Field and, therefore, we anticipate no impact comments on the inclusion or exclusion Office directly (see FOR FURTHER on national security. Consequently, the of such areas. INFORMATION CONTACT). During the Secretary does not propose to exert his discretion to exclude any areas from the Exclusions Based on Economic Impacts development of a final designation, we will consider economic impacts, public final designation based on impacts on Under section 4(b)(2) of the Act, we comments, and other new information, national security. consider the economic impacts of specifying any particular area as critical and areas may be excluded from the Exclusions Based on Other Relevant habitat. In order to consider economic final critical habitat designation under Impacts impacts, we are preparing an analysis of section 4(b)(2) of the Act and our Under section 4(b)(2) of the Act, we the economic impacts of the proposed implementing regulations at 50 CFR consider any other relevant impacts, in critical habitat designation and related 424.19. addition to economic impacts and factors. Potential land use sectors that Exclusions Based on National Security impacts on national security. We may be affected by this proposed Impacts consider a number of factors including rulemaking include development, whether the landowners have developed livestock grazing, mining, timber, Under section 4(b)(2) of the Act, we any HCPs or other management plans recreation, flood control, fisheries consider whether there are lands owned for the area, or whether there are management, and agriculture. or managed by the Department of conservation partnerships that would be

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encouraged by designation of, or Resolution was prepared by the Yavapai promotion of riparian vegetation and exclusion from, critical habitat. In Apache Nation. These management provide direct benefits to resident addition, we look at any tribal issues, plans were ultimately used to exclude gartersnake populations and their prey and consider the government-to- areas under section 4(b)(2) of the Act species. We will consider these government relationship of the United from critical habitat designation for the properties and any other relevant States with tribal entities. We also spikedace and loach minnow (77 FR information during the development of consider any social impacts that might 10810; February 23, 2012). We also the final rule to determine if this area occur because of the designation. consider the San Rafael Ranch’s safe should be excluded from the final harbor agreement for Gila topminnow in Land and Resource Management Plans, critical habitat designation under its potential benefits to the northern Conservation Plans, Agreements Based section 4(b)(2) of the Act. Mexican gartersnake in the San Rafael on Conservation Partnerships, or Valley. We will consider these materials Peer Review General Land Management That Favors and any other relevant information In accordance with our joint policy on a Native Biological Community pertaining to these entities during the peer review published in the Federal We consider a current land development of the final rule to Register on July 1, 1994 (59 FR 34270), management or conservation plan determine if any of these areas should we will seek the expert opinions of at (HCPs, as well as other types) to provide be excluded from the final critical least three appropriate and independent adequate management or protection if it habitat designation under section 4(b)(2) specialists regarding this proposed rule. meets the following criteria: of the Act. The purpose of peer review is to ensure (1) The plan is complete and provides In addition, the Arizona Game and that our critical habitat designation is the same or better level of protection Fish Department has initiated candidate based on scientifically sound data, from adverse modification or conservation planning for the northern assumptions, and analyses. We invite destruction than that provided through Mexican gartersnake on its Horseshoe these peer reviewers to comment during a consultation under section 7 of the Ranch property and Bubbling Ponds and this public comment period on our Act; Page Springs State Fish Hatcheries. We specific assumptions and conclusions in (2) There is a reasonable expectation have received and reviewed a draft this proposed designation of critical that the conservation management management plan for the northern habitat. strategies and actions will be Mexican gartersnake for these We will consider all comments and implemented for the foreseeable future, properties. We also recognize our strong information we receive during this based on past practices, written conservation partners in the Pima comment period on this proposed rule guidance, or regulations; and County’s Cienega Creek Natural during our preparation of a final (3) The plan provides conservation Preserve, the Appleton-Whittell determination. Accordingly, the final strategies and measures consistent with Research Ranch, and various properties decision may differ from this proposal. currently accepted principles of managed by The Nature Conservancy, conservation biology. all of whom manage exclusively for Public Hearings We consider management plans that native species, which, by default, we Section 4(b)(5) of the Act provides for are designed for native fish as having recognize as managing specifically one or more public hearings on this nearly equal value to the northern against harmful nonnative species, the proposal, if requested. Requests must be Mexican or narrow-headed gartersnake primary threat to the northern Mexican received within 45 days after the date of because actions taken to protect or and narrow-headed gartersnakes. In publication of this proposed rule in the improve the status of native fish are addition, we recognize the Arizona Federal Register. Such requests must be commensurate with conservation of Game and Fish Department’s sent to the address shown in the FOR these gartersnakes. Native fish are management of Upper Verde River FURTHER INFORMATION CONTACT section. sensitive to water availability, habitat Wildlife Area, as also favoring native We will schedule public hearings on modification, and harmful nonnative fish species, thereby benefitting both the this proposal, if any are requested, and species in a similar manner as these northern Mexican and narrow-headed announce the dates, times, and places of gartersnakes; for the northern Mexican gartersnakes by improving their regional those hearings, as well as how to obtain gartersnake, this also includes its ranid prey base. reasonable accommodations, in the prey species. The commonality shared Finally, a large portion of the Verde Federal Register and local newspapers between the ecological needs and River and several of its perennial at least 15 days before the hearing. threats faced by all native riparian and tributaries are included in the area aquatic species broadly supports the covered by the Salt River Project’s (SRP) Required Determinations notion that what is good for one taxon Horseshoe-Bartlett HCP for operation of Regulatory Planning and Review— is largely beneficial to another. This is Horseshoe and Bartlett Dams. While Executive Orders 12866 and 13563 particularly true for these two implementation of the Horseshoe- gartersnake species, where managing for Bartlett HCP will provide some indirect Executive Order 12866 provides that native prey species not only provides benefit for northern Mexican and the Office of Information and Regulatory conservation of important physical narrow-headed gartersnakes from Affairs will review all significant rules. habitat elements, but also maintains an implementation of conservation The Office of Information and adequate prey base for the snakes measures for their prey species, the HCP Regulatory Affairs has determined that themselves. does not involve all land owners within this rule is not significant. During the preparation of the 2007 the covered area, and therefore does not Executive Order 13563 reaffirms the critical habitat designation for spikedace allow for exclusion of the entire covered principles of Executive Order 12866 and loach minnow (72 FR 13355; March area under section 4(b)(2) of the Act. while calling for improvements in the 21, 2007), we received management However, SRP has acquired property nation’s regulatory system to promote plans from the White Mountain Apache which they manage along the Verde and predictability, to reduce uncertainty, Tribe, San Carlos Apache Tribe, and San Pedro Rivers as mitigation for their and to use the best, most innovative, Freeport McMoRan (formerly Phelps Horseshoe-Bartlett and Roosevelt HCPs. and least burdensome tools for Dodge). Additionally, a Tribal These properties are managed for the achieving regulatory ends. The

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executive order directs agencies to may result. In general, the term relevant case law, this designation of consider regulatory approaches that ‘‘significant economic impact’’ is meant critical habitat will only directly reduce burdens and maintain flexibility to apply to a typical small business regulate Federal agencies, which are not and freedom of choice for the public firm’s business operations. by definition small business entities. where these approaches are relevant, Importantly, the incremental impacts And as such, we certify that, if feasible, and consistent with regulatory of a rule must be both significant and promulgated, this designation of critical objectives. Executive Order 13563 substantial to prevent certification of the habitat would not have a significant emphasizes further that regulations rule under the RFA and to require the economic impact on a substantial must be based on the best available preparation of an initial regulatory number of small business entities. science and that the rulemaking process flexibility analysis. If a substantial Therefore, an initial regulatory must allow for public participation and number of small entities are affected by flexibility analysis is not required. an open exchange of ideas. We have the proposed critical habitat However, though not necessarily developed this rule in a manner designation, but the per-entity economic required by the RFA, in our draft consistent with these requirements. impact is not significant, the Service economic analysis for this proposal, we may certify. Likewise, if the per-entity will consider and evaluate the potential Regulatory Flexibility Act (5 U.S.C. 601 economic impact is likely to be effects to third parties that may be et seq.) significant, but the number of affected involved with consultations with Under the Regulatory Flexibility Act entities is not substantial, the Service Federal action agencies related to this (RFA; 5 U.S.C. 601 et seq.) as amended may also certify. action. by the Small Business Regulatory The Service’s current understanding Enforcement Fairness Act (SBREFA) of of recent case law is that Federal Energy Supply, Distribution, or Use— 1996 (5 U.S.C 801 et seq.), whenever an agencies are only required to evaluate Executive Order 13211 agency must publish a notice of the potential impacts of rulemaking on Executive Order 13211 (Actions rulemaking for any proposed or final those entities directly regulated by the Concerning Regulations That rule, it must prepare and make available rulemaking; therefore, they are not Significantly Affect Energy Supply, for public comment a regulatory required to evaluate the potential Distribution, or Use) requires agencies flexibility analysis that describes the impacts to those entities not directly to prepare Statements of Energy Effects effects of the rule on small entities regulated. The designation of critical when undertaking certain actions. We (small businesses, small organizations, habitat for an endangered or threatened do not expect the designation of this and small government jurisdictions). species only has a regulatory effect proposed critical habitat to significantly However, no regulatory flexibility where a Federal action agency is affect energy supplies, distribution, or analysis is required if the head of the involved in a particular action that may use. Therefore, this action is not a agency certifies the rule will not have a affect the designated critical habitat. significant energy action, and no significant economic impact on a Under these circumstances, only the Statement of Energy Effects is required. substantial number of small entities. Federal action agency is directly However, we will further evaluate this The SBREFA amended the RFA to regulated by the designation, and, issue as we conduct our economic require Federal agencies to provide a therefore, consistent with the service’s analysis, and review and revise this certification statement of the factual current interpretation of RFA and recent assessment as warranted. basis for certifying that the rule will not case law, the Service may limit its Unfunded Mandates Reform Act (2 have a significant economic impact on evaluation of the potential impacts to U.S.C. 1501 et seq.) a substantial number of small entities. those identified for federal action According to the Small Business agencies. Under this interpretation, In accordance with the Unfunded Administration, small entities include there is no requirement under the RFA Mandates Reform Act (2 U.S.C. 1501 et small organizations such as to evaluate the potential impacts to seq.), we make the following findings: independent nonprofit organizations; entities not directly regulated, such as (1) This proposed rule would not small governmental jurisdictions, small businesses. However, Executive produce a Federal mandate. In general, including school boards and city and Orders 12866 and 13563 direct Federal a Federal mandate is a provision in town governments that serve fewer than agencies to assess costs and benefits of legislation, statute, or regulation that 50,000 residents; and small businesses available regulatory alternatives in would impose an enforceable duty upon (13 CFR 121.201). Small businesses quantitative (to the extent feasible) and State, local, or tribal governments, or the include such businesses as qualitative terms. Consequently, it is the private sector, and includes both manufacturing and mining concerns current practice of the Service to assess ‘‘Federal intergovernmental mandates’’ with fewer than 500 employees, to the extent practicable these potential and ‘‘Federal private sector mandates.’’ wholesale trade entities with fewer than impacts if sufficient data are available, These terms are defined in 2 U.S.C. 100 employees, retail and service whether or not this analysis is believed 658(5)–(7). ‘‘Federal intergovernmental businesses with less than $5 million in by the Service to be strictly required by mandate’’ includes a regulation that annual sales, general and heavy the RFA. In other words, while the ‘‘would impose an enforceable duty construction businesses with less than effects analysis required under the RFA upon State, local, or tribal governments’’ $27.5 million in annual business, is limited to entities directly regulated with two exceptions. It excludes ‘‘a special trade contractors doing less than by the rulemaking, the effects analysis condition of Federal assistance.’’ It also $11.5 million in annual business, and under the Act, consistent with the E.O. excludes ‘‘a duty arising from forestry and logging operations with regulatory analysis requirements, can participation in a voluntary Federal fewer than 500 employees and annual take into consideration impacts to both program,’’ unless the regulation ‘‘relates business less than $7 million. To directly and indirectly impacted to a then-existing Federal program determine whether small entities may entities, where practicable and under which $500,000,000 or more is be affected, we will consider the types reasonable. provided annually to State, local, and of activities that might trigger regulatory In conclusion, we believe that, based tribal governments under entitlement impacts under this designation as well on our interpretation of directly authority,’’ if the provision would as types of project modifications that regulated entities under the RFA and ‘‘increase the stringency of conditions of

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assistance’’ or ‘‘place caps upon, or takings implication assessment. We will Civil Justice Reform—Executive Order otherwise decrease, the Federal defer the preparation of the takings 12988 Government’s responsibility to provide implication assessment until we have funding,’’ and the State, local, or tribal evaluated the comments on the draft In accordance with Executive Order governments ‘‘lack authority’’ to adjust economic analysis. Critical habitat 12988 (Civil Justice Reform), the Office accordingly. At the time of enactment, designation does not affect landowner of the Solicitor has determined that the these entitlement programs were: actions that do not require Federal rule does not unduly burden the judicial Medicaid; Aid to Families with funding or permits, nor does it preclude system and that it meets the requirements of sections 3(a) and 3(b)(2) Dependent Children work programs; development of habitat conservation Child Nutrition; Food Stamps; Social of the Order. We are designating critical programs or issuance of incidental take Services Block Grants; Vocational habitat in accordance with the permits to permit actions that do require Rehabilitation State Grants; Foster Care, provisions of the Act. To assist the Federal funding or permits to go Adoption Assistance, and Independent public in understanding the habitat forward. Living; Family Support Welfare needs of the species, the rule identifies Services; and Child Support Federalism—Executive Order 13132 the elements of physical or biological Enforcement. ‘‘Federal private sector features essential to the conservation of mandate’’ includes a regulation that In accordance with Executive Order the species. The designated areas of ‘‘would impose an enforceable duty 13132 (Federalism), this proposed rule critical habitat are presented on maps, upon the private sector, except (i) a does not have significant Federalism and the rule provides several options for condition of Federal assistance or (ii) a effects. A federalism summary impact the interested public to obtain more duty arising from participation in a statement is not required. In keeping detailed location information, if desired. voluntary Federal program.’’ with Department of the Interior and The designation of critical habitat Department of Commerce policy, we Paperwork Reduction Act of 1995 (44 does not impose a legally binding duty requested information from, and U.S.C. 3501 et seq.) on non-Federal Government entities or coordinated development of, this private parties. Under the Act, the only This rule does not contain any new proposed critical habitat designation regulatory effect is that Federal agencies collections of information that require with appropriate State resource agencies must ensure that their actions do not approval by OMB under the Paperwork destroy or adversely modify critical in New Mexico and Arizona. The Reduction Act of 1995 (44 U.S.C. 3501 habitat under section 7. While non- designation of critical habitat in areas et seq.). This rule will not impose Federal entities that receive Federal currently occupied by the northern recordkeeping or reporting requirements funding, assistance, or permits, or that Mexican and narrow-headed on State or local governments, otherwise require approval or gartersnakes imposes no additional individuals, businesses, or authorization from a Federal agency for restrictions to those currently in place organizations. An agency may not an action, may be indirectly impacted and, therefore, has little incremental conduct or sponsor, and a person is not by the designation of critical habitat, the impact on State and local governments required to respond to, a collection of legally binding duty to avoid and their activities. The designation information unless it displays a destruction or adverse modification of may have some benefit to these currently valid OMB control number. critical habitat rests squarely on the governments because the areas that Federal agency. Furthermore, to the contain the physical or biological National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) extent that non-Federal entities are features essential to the conservation of indirectly impacted because they the species are more clearly defined, It is our position that, outside the receive Federal assistance or participate and the elements of the features of the jurisdiction of the U.S. Court of Appeals in a voluntary Federal aid program, the habitat necessary to the conservation of for the Tenth Circuit, we do not need to Unfunded Mandates Reform Act would the species are specifically identified. prepare environmental analyses not apply, nor would critical habitat This information does not alter where pursuant to NEPA in connection with shift the costs of the large entitlement and what federally sponsored activities designating critical habitat under the programs listed above onto State may occur. However, it may assist local Endangered Species Act. We published governments. (2) We lack the available economic governments in long-range planning a notice outlining our reasons for this information to determine if a Small (rather than having them wait for case- determination in the Federal Register Government Agency Plan is required. by-case section 7 consultations to on October 25, 1983 (48 FR 49244). This Therefore, we defer this finding until occur). position was upheld by the U.S. Court completion of the draft economic Where State and local governments of Appeals for the Ninth Circuit analysis is prepared under section require approval or authorization from a (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 4(b)(2) of the Act. Federal agency for actions that may U.S. 1042 (1996)). However, when the affect critical habitat, consultation Takings—Executive Order 12630 range of the species includes States under section 7(a)(2) would be required. In accordance with Executive Order within the Tenth Circuit, such as that of While non-Federal entities that receive 12630 (Government Actions and the northern Mexican and narrow- Federal funding, assistance, or permits, Interference with Constitutionally headed gartersnakes, under the Tenth Protected Private Property Rights), we or that otherwise require approval or Circuit ruling in Catron County Board of will analyze the potential takings authorization from a Federal agency for Commissioners v. U.S. Fish and Wildlife implications of designating critical an action, may be indirectly impacted Service, 75 F.3d 1429 (10th Cir. 1996), habitat for the northern Mexican and by the designation of critical habitat, the we will undertake a NEPA analysis for narrow-headed gartersnakes in a takings legally binding duty to avoid critical habitat designation and notify implications assessment. The draft destruction or adverse modification of the public of the availability of the draft economic analysis will provide the critical habitat rests squarely on the environmental assessment for this foundation for us to use in preparing a Federal agency. proposal when it is finished.

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Government-to-Government Presidential Memorandum of June 1, (c) Reptiles. Relationship With Tribes 1998, to write all rules in plain * * * * * In accordance with the President’s language. This means that each rule we publish must: Northern Mexican Gartersnake memorandum of April 29, 1994 (Thamnophis eques megalops) (Government-to-Government Relations (1) Be logically organized; with Native American Tribal (2) Use the active voice to address (1) Critical habitat units are depicted Governments; 59 FR 22951), Executive readers directly; for Greenlee, Graham, Apache, La Paz, Order 13175 (Consultation and (3) Use clear language rather than Mohave, Yavapai, Navajo, Gila, Coordination with Indian Tribal jargon; Coconino, Cochise, Santa Cruz, Pima, Governments), and the Department of (4) Be divided into short sections and and Pinal Counties in Arizona, as well the Interior’s manual at 512 DM 2, we sentences; and as in Grant, Hidalgo, and Catron readily acknowledge our responsibility (5) Use lists and tables wherever Counties in New Mexico, on the maps to communicate meaningfully with possible. below. (2) Within these areas, the primary recognized Federal Tribes on a If you feel that we have not met these constituent elements of the physical or government-to-government basis. In requirements, send us comments by one ADDRESSES biological features essential to the accordance with Secretarial Order 3206 of the methods listed in the conservation of the northern Mexican of June 5, 1997 (American Indian Tribal section. To better help us revise the rule, your comments should be as gartersnake consist of: Rights, Federal-Tribal Trust (i) Aquatic or riparian habitat that Responsibilities, and the Endangered specific as possible. For example, you should tell us the numbers of the includes: Species Act), we readily acknowledge (A) Perennial or spatially intermittent our responsibilities to work directly sections or paragraphs that are unclearly written, which sections or sentences are streams of low to moderate gradient that with tribes in developing programs for possess appropriate amounts of in- healthy ecosystems, to acknowledge that too long, the sections where you feel lists or tables would be useful, etc. channel pools, off-channel pools, or tribal lands are not subject to the same backwater habitat, and that possess a controls as Federal public lands, to References Cited natural, unregulated flow regime that remain sensitive to Indian culture, and A complete list of references cited in allows for periodic flooding or, if flows to make information available to tribes. this rulemaking is available on the are modified or regulated, a flow regime The tribal lands in Arizona included Internet at http://www.regulations.gov that allows for adequate river functions, in this proposed designation of critical and upon request from the Arizona such as flows capable of processing habitat are the lands of the White Ecological Services Field Office (see FOR sediment loads; or Mountain Apache Tribe, San Carlos FURTHER INFORMATION CONTACT). (B) Lentic wetlands such as livestock Apache Tribe, and Yavapai Apache tanks, springs, and cienegas; and Nation. We used the criteria found in Authors (C) Shoreline habitat with adequate the Criteria Used To Identify Critical The primary authors of this package organic and inorganic structural Habitat section to identify tribal lands are the staff members of the Arizona complexity to allow for that are occupied by the northern Ecological Services Field Office. thermoregulation, gestation, shelter, Mexican and narrow-headed protection from predators, and foraging gartersnakes that contain the features List of Subjects in 50 CFR Part 17 opportunities (e.g., boulders, rocks, essential for the conservation of these Endangered and threatened species, organic debris such as downed trees or species. We began government-to- Exports, Imports, Reporting and logs, debris jams, small mammal government consultation with these recordkeeping requirements, burrows, or leaf litter); and tribes on November 29, 2011, in a pre- Transportation. (D) Aquatic habitat with notification letter informing the tribes characteristics that support a native that we had begun an evaluation of the Proposed Regulation Promulgation amphibian prey base, such as salinities northern Mexican and narrow-headed Accordingly, we propose to amend less than 5 parts per thousand, pH gartersnakes for listing purposes under part 17, subchapter B of chapter I, title greater than or equal to 5.6, and the Act. We will consider these areas for 50 of the Code of Federal Regulations, pollutants absent or minimally present exclusion from the final critical habitat as set forth below: at levels that do not affect survival of designation to the extent consistent with any age class of the northern Mexican the requirements of section 4(b)(2) of the PART 17—[AMENDED] gartersnake or the maintenance of prey Act. We sent notification letters on populations. March 12, 2013, to each tribe that ■ 1. The authority citation for part 17 (ii) Adequate terrestrial space (600 ft described the exclusion process under continues to read as follows: (182.9 m) lateral extent to either side of section 4(b)(2) of the Act and invited Authority: 16 U.S.C. 1361–1407; 1531– bankfull stage) adjacent to designated them to meet to discuss the listing 1544; and 4201–4245, unless otherwise stream systems with sufficient structural process and engage in conversation with noted. characteristics to support life-history us about the proposal to the extent ■ 2. In § 17.95, amend paragraph (c) by functions such as gestation, possible without disclosing adding entries for ‘‘Northern Mexican immigration, emigration, and predecisional information. We will Gartersnake (Thamnophis eques brumation. schedule meetings with these tribes and megalops)’’ and ‘‘Narrow-headed (iii) A prey base consisting of viable any other interested tribes as early as Gartersnake (Thamnophis populations of native amphibian and legally possible so that we can give rufipunctatus),’’ in the same native fish species. them as much time as possible to alphabetical order that the species (iv) An absence of nonnative fish comment. appear in the table at § 17.11(h), to read species of the families Centrarchidae as follows: and Ictaluridae, bullfrogs (Lithobates Clarity of the Rule catesbeianus), and/or crayfish We are required by Executive Orders § 17.95 Critical habitat—fish and wildlife. (Orconectes virilis, Procambarus clarki, 12866 and 12988 and by the * * * * * etc.), or occurrence of these nonnative

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species at low enough levels such that Service’s online Lands Mapper, the U.S. data available for land ownership, recruitment of northern Mexican Geological Survey National counties, States, and streets. Locations gartersnakes and maintenance of viable Hydrography Dataset, and imagery from depicting critical habitat are expressed native fish or soft-rayed nonnative fish Google Earth. Line locations for lotic as decimal degree latitude and longitude populations (prey) is still occurring. streams (flowing water) and drainages in the World Geographic Coordinate (3) Critical habitat does not include are depicted as the ‘‘Flowline’’ feature System projection using the 1984 datum manmade structures (such as buildings, class from the National Hydrography (WGS84). Information on northern aqueducts, runways, roads, and other Dataset geodatabase. Administrative Mexican gartersnake localities was paved areas) and the land on which they boundaries for Arizona and New Mexico derived from survey forms, reports, are located existing within the legal were obtained from the Arizona Land publications, field notes, and other boundaries on the effective date of this Resource Information Service and New sources, all of which reside in our files rule. Mexico Resource Geographic at the Arizona Ecological Services Field (4) Critical habitat map units. Data Information System, respectively. This Office, 2321 West Royal Palm Road, layers defining map units were created includes the most current (as of the Suite 103, Phoenix, AZ 85021. on a base of USGS 7.5’ quadrangles, the effective date of this rule) geospatial BILLING CODE 4310–55–P

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(5) Index map follows:

Northern Mexican Gartersnake Critical Habitat Index Map

i~--"II-·-·--tt-.,.----- ... _·-· _____ · __ ·..,.·- .. ·_ fI'------T-- ~--- ..... -- ... ---).--_. .?~$ / i ~ ! , I I ' I ( i I ! ) : ; t , ~ . l\.. ___ ------; J .r"J,,4- 1 "'-"', I "_r 'S' n 1·.6; :, iM----i' -"f------I \ Q i j ,I \.

~------

! I I l ______,------~- ,---- ! tr i i ", j 1 ~ ;

""- Criti cal Habitat NM rJfJ Criti cal Habitat 0 40 80 120 Miles Interstate Highway 0 40 80 1201{m r~ __ J County Boundary • - • State Boundary n

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(6) Upper Gila River Unit: Hidalgo County, AZ. Map of the Upper Gila and Grant Counties, NM; Graham River Unit follows:

Northern Mexican Gartersnake Critical Habitat Upper Gila River Unit

~ Critical Habitat Stream o 5 10 15 Miles NM Highway o 5 10 15 Km County Boundary Area Enlarged =:.; State Boundary o

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(7) Mule Creek Unit: Catron and Grant Counties, NM. Map of the Mule Creek Unit follows:

Northern Mexican Gartersnake Critical Habitat Mule Creek Unit

"'- Critical Habitat Strearn AZ NM [1 2 4 6 Miles Highway

r: __ J County Boundary [1 2 4 6Km Area Enlarged ~ ..: JState Boundary o

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(8) Bill Williams River Unit: La Paz and Mohave Counties, AZ. Map of the Bill Williams River Unit follows:

Northern Mexican Gartersnake Critical Habitat Bill Williams River Unit

Alamo Lake Dam J:1:""i'····'-··....,'· ...... --'.--..~ ...... ,.." ,i~,;

iAlamo Lake

un

""-' Criti cal Habitat NM Lake o 5 10 15 Miles Highway o 5 10 15 [{m r_- __ j County BoundalY Area Enlarged =.":; State Boundary n

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(9) Agua Fria River Subbasin Unit: Yavapai County, AZ. Map of the Agua Fria River Subbasin Unit follows:

Northern Mexican Gartersnake Critical Habitat Agua Fria River Subbasin Unit

NM ...... Criti cal Habitat o 3 6 9 Miles a Stream • Town 0369Km Highway Area Enlarged n

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(10) Upper Salt River Subbasin Unit: Greenlee Counties, AZ. Map of the Gila, Graham, Apache, Navajo, and Upper Salt River Subbasin Unit follows:

Northern Mexican Gartersnake Critical Habitat Upper Salt River Subbasin Unit

HANNIGAN MEADOW lilt

, ".~)--""----~------_ ...

•!. • ...-I'I"Vo_ ... /'~' .. - •• ,-<',,-" •• ..-.

_'\-..1"0'

~ Critical Habitat Stream o 5 10 15 Miles • Tow'n o 510 15f

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(11) Tonto Creek Unit: Gila County, AZ. Map of the Tonto Creek Unit follows:

Northern Mexican Gartersnake Critical Habitat Tonto Creek Unit

_Theodore Roosevefi Lake

...... Criti cal Habitat AZ NM Stream o 5 10 15 Miles o Lake Highway o 5 1015 Km Area Enlarged f_- __ J County Boundary o

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(12) Verde River Subbasin Unit: AZ. Map of the Verde River Subbasin Coconino, Gila, and Yavapai Counties, Unit follows:

Northern Mexican Gartersnake Critical Habitat Verde River Subbasin Unit

NM ..,.. Criti cal Habitat Stream o 5 10 15 Miles Lake Highway o 5 10 15 Km Area Enlarged r~ __ J County' Boundaty o

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(13) Upper Santa Cruz River Subbasin AZ. Map of the Upper Santa Cruz River Unit: Santa Cruz and Cochise Counties, Subbasin Unit follows:

Northern Mexican Gartersnake Critical Habitat Upper Santa Cruz River Subbasin Unit

LI

NM • Critical Habitat ...... '\ .... Stream 0 2 4 6 Miles =... : ~ I nternatlo nal B Dun dar)! • Town 0 2 4 6 f

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(14) Redrock Canyon Unit: Santa Cruz County, AZ. Map of the Redrock Canyon Unit follows:

Northern Mexican Gartersnake Critical Habitat Redrock Canyon Unit

o

~ Critical Habitat AZ NM r··\ .., Stream 0 2 3Miles • Town 0 2 3Km Highway Area Enlarged n

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(15) Buenos Aires National Wildlife the Buenos Aires National Wildlife Refuge Unit: Pima County, AZ. Map of Refuge Unit follows:

Northern Mexican Gartersnake Critical Habitat Buenos Aires National Wildlife Refuge Unit

• Criti cal Habitat • Town o 3 6 9 Miles AZ NM Highway o 3 6 9Krn f~ __ ] County Boundary Area Enlarged =::; I nternatio nal B oun dary n

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(16) Cienega Creek Subbasin Unit: of the Cienega Creek Subbasin Unit Pima and Santa Cruz Counties, AZ. Map follows:

Northern Mexican Gartersnake Critical Habitat Cienega Creek Subbasin Unit

"""" Criti cal Habitat fI(IJ Criti cal Habitat NM 0 3 6 9 Miles Stream 0 3 6 9Km Highway Area Enlarged f_- __ j County Boundary ()

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(17) San Pedro River Subbasin Unit: Map of the San Pedro River Subbasin Cochise, Pima, and Pinal Counties, AZ. Unit follows:

Northern Mexican Gartersnake Critical Habitat San Pedro River Subbasin Unit

. "\Jfliteo.States ... ___ ...... __ .______-.--~'iI-----.-- Mexico

~ Criti cal Habitat Highway NM 0 10 20 30 ~'1iles r~ __ J County Boundary Stream :... :; I nternatio nal B oun dal)"' Town 0 10 20 30 Km Area Enlarged 0

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(18) Babocomari River Subbasin Unit: Map of the Babocomari River Subbasin Santa Cruz and Cochise Counties, AZ. Unit follows:

Northern Mexican Gartersnake proposed Critical Habitat Babocomari River Subbasin Unit

SIERR.A. VISTA

• Critical Habitat II Town 0 2 4 6 Miles

~ Critical Habitat Stream 0 2 4 6Km L-__ J County Boundaljl Highv

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(19) San Bernardino National Wildlife of the San Bernardino National Wildlife Refuge Unit: Cochise County, AZ. Map Refuge Unit follows:

Northern Mexican Gartersnake Critical Habitat San Bernadino National Wildlife Refuge Unit

". Critical Habitat

~"."", Stre a tn AZ NM o 0.5 1.5 Miles ~ Highway o 0.5 1.5 Krn f_- __ j County Boundary () Area Enlarged ~ -: JI nternatio nal B oun dary

BILLING CODE 4310–55–C Sierra, and Catron Counties in New (A) Perennial or spatially intermittent Narrow-Headed Gartersnake Mexico, on the maps below. streams with sand, cobble, and boulder (Thamnophis rufipunctatus) (2) Within these areas, the primary substrate and low or moderate amounts constituent elements of the physical or of fine sediment and substrate (1) Critical habitat units are depicted biological features essential to the embeddedness, and that possess for Greenlee, Graham, Apache, Yavapai, conservation of the narrow-headed appropriate amounts of pool, riffle, and Navajo, Gila, and Coconino Counties in gartersnake consist of four components: Arizona, as well as in Grant, Hidalgo, (i) Stream habitat, which includes:

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run habitat to sustain native fish functions such as gestation, Geological Survey National populations; immigration, emigration, and Hydrography Dataset, and imagery from (B) A natural, unregulated flow brumation. Google Earth. Line locations for lotic regime that allows for periodic flooding (iii) A prey base consisting of viable streams (flowing water) and drainages or, if flows are modified or regulated, a populations of native fish species or are depicted as the ‘‘Flowline’’ feature flow regime that allows for adequate soft-rayed nonnative fish species. class from the National Hydrography river functions, such as flows capable of (iv) An absence of nonnative fish Dataset geodatabase. Administrative processing sediment loads; species of the families Centrarchidae boundaries for Arizona and New Mexico (C) Shoreline habitat with adequate and Ictaluridae, bullfrogs (Lithobates were obtained from the Arizona Land organic and inorganic structural catesbeianus), and/or crayfish Resource Information Service and New complexity (e.g., boulders, cobble bars, (Orconectes virilis, Procambarus clarki, Mexico Resource Geographic vegetation, and organic debris such as etc.), or occurrence of these nonnative Information System, respectively. This downed trees or logs, debris jams), with species at low enough levels such that includes the most current (as of the appropriate amounts of shrub- and recruitment of narrow-headed effective date of this rule) geospatial sapling-sized plants to allow for gartersnakes and maintenance of viable data available for land ownership, thermoregulation, gestation, shelter, native fish or soft-rayed nonnative fish counties, States, and streets. Locations protection from predators, and foraging populations (prey) is still occurring. depicting critical habitat are expressed opportunities; and (3) Critical habitat does not include as decimal degree latitude and longitude (D) Aquatic habitat with no pollutants manmade structures (such as buildings, in the World Geographic Coordinate or, if pollutants are present, levels that aqueducts, runways, roads, and other System projection using the 1984 datum do not affect survival of any age class of paved areas) and the land on which they (WGS84). Information on narrow- the narrow-headed gartersnake or the are located existing within the legal headed gartersnake localities was maintenance of prey populations. boundaries on the effective date of this derived from survey forms, reports, (ii) Adequate terrestrial space (600 ft rule. publications, field notes, and other (182.9 m) lateral extent to either side of (4) Critical habitat map units. Data sources, all of which reside in our files bankfull stage) adjacent to designated layers defining map units were created at the Arizona Ecological Services Field stream systems with sufficient structural on a base of USGS 7.5’ quadrangles, the Office, 2321 West Royal Palm Road, characteristics to support life-history Service’s online Lands Mapper, the U.S. Suite 103, Phoenix, AZ 85021.

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(5) Index map follows: BILLING CODE 4310–55–P

Narrow-headed Gartersnake Critical Habitat Index Map

, ~

~ Critical Habitat 0 25 50 75 Miles AZ. NM Interstate Highway [~ __ J County B ounda ty 0 25 50 75 Km 0 =. ~; State B oundaty Area Enlarged

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(6) Upper Gila River Subbasin Unit: County, AZ. Map of the Upper Gila Catron and Grant Counties, NM; Graham River Subbasin Unit follows:

Narrow-headed Gartersnake Critical Habitat Upper Gila River Subbasin Unit

""'- Criti cal Habitat Stream 0 7 14 21 Miles NM Highway 0 7 14 21 I

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(7) Middle Gila River Subbasin Unit: Map of the Middle Gila River Subbasin Greenlee and Graham Counties, AZ. Unit follows:

Narrow-headed Gartersnake Critical Habitat Middle Gila River Subbasin Unit

h u

~ Critical Habitat

NM o 4 8 12 Miles Road o 4 8 12 Km r~ __ J County Boundary Area Enlarged ~:: J State Boundary n

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(8) San Francisco River Subbasin County, NM. Map of the San Francisco Unit: Greenlee County, AZ; Catron River Subbasin Unit follows:

Narrow-headed Gartersnake Critical Habitat San Franciscso River Subbasin Unit

Stream 0 5 10 15 Miles Highway 0 5 10 15 Km County Boundary Area Enlarged =. -: ~ State Boundary 0

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(9) Upper Salt River Subbasin Unit: Map of the Upper Salt River Subbasin Gila, Graham, Apache, Navajo, Unit follows: Greenlee, and Coconino Counties, AZ.

Narrow-headed Gartersnake Critical Habitat Upper Salt River Subbasin Unit

,, '\

""- Critical Habitat AZ NM Stream 0 10 20 30 Miles o Lake 0 10 20 30 Krn Highway Area Enlarged r: __ J County Boundary n

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(10) Tonto Creek Subbasin Unit: Gila County, AZ. Map of the Tonto Creek Subbasin Unit follows:

Narrow-headed Gartersnake Critical Habitat Tonto Creek Subbasin Unit

""'- Criti cal Habitat AZ NM Stream CI o 4 8 12 Miles Lake Highway o 4 8 '12 Km Area Enlarged f_- __ j County Boundary o

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(11) Verde River Subbasin Unit: AZ. Map of the Verde River Subbasin Coconino, Gila, and Yavapai Counties, Unit follows:

Narrow-headed Gartersnake Critical Habitat Verde River Subbasin Unit

West Fork Oall" Creek

~ Criti cal Habitat o Stream 0 6 12 18 Miles AZ NM Highway 0 6 12 18 f(m County Boundary Area Enlarged n

* * * * * Dated: June 25, 2013. Rachel Jacobsen, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–16520 Filed 7–9–13; 8:45 am] BILLING CODE 4310–55–C

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