Thursday, June 8, 2000

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Arroyo Southwestern Toad; Proposed Rule

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DEPARTMENT OF THE INTERIOR [email protected]. Please submit these millimeters (mm) (2.2 to 3.2 inches comments as an ASCII file and avoid the (in.)), dark-spotted toad of the family Fish and Wildlife Service use of special characters and any form Bufonidae, with females larger than of encryption. Please also include ‘‘Attn: males. Adult arroyo toads have a light- 50 CFR Part 17 [RIN number]’’ and your name and olive green or gray to tan dorsum (back) RIN 1018ÐAG15 return address in your e-mail message. with dark spots and warty skin. The If you do not receive a confirmation venter (underside) is white or buff and Endangered and Threatened Wildlife from the system that we have received without dark blotches or spots. A light- and Plants; Proposed Designation of your e-mail message, contact us directly colored, V-shaped stripe crosses the Critical Habitat for the Arroyo by calling our Ventura Office at phone head and eyelids, and the anterior Southwestern Toad number 805/644–1766. portion of the oval parotoid glands (just 2. Public hearings: Two public behind the eyes) are pale. There is AGENCY: Fish and Wildlife Service, hearings are scheduled. Both public usually a light area on each side of the Interior. hearings will be held from 1:00 p.m. to sacral (pelvic) hump and in the middle ACTION: Proposed rule. 3:00 p.m. and 6:00 p.m. to 8:00 p.m. of the back. The arroyo toad generally does not have a middorsal stripe, but if SUMMARY: We, the U.S. Fish and Public hearing dates and locations are: one is present, it extends only partway Wildlife Service (Service), propose a. Tuesday, June 27, 2000, at the Hyatt along the back. designation of critical habitat for the Valencia, 24500 Town Center Drive, Valencia, California. The arroyo toad is found in coastal arroyo southwestern toad (Bufo and desert drainages from Monterey microscaphus californicus) pursuant to b. Thursday, June 29, 2000, at the Temecula Embassy Suites, 29345 County, California, south into the Endangered Species Act of 1973, as northwestern Baja California, Mexico. amended (Act). A total of approximately Rancho California Road, Temecula, California. These systems are inherently quite 193,600 hectares (478,400 acres) fall dynamic, with marked seasonal and within the boundaries of the proposed 3. Review of data: Comments and materials received, as well as supporting annual fluctuations in climatic regimes, critical habitat designation. Proposed particularly rainfall. Natural climatic critical habitat is located in Monterey, documentation used in the preparation of this proposed rule, will be available variations as well as other random San Luis Obispo, Santa Barbara, events, such as fires and floods, coupled Ventura, Los Angeles, San Bernardino, for public inspection, by appointment, during normal business hours at the with the species’ specialized habitat Riverside, Orange, and San Diego requirements, lead to annual Counties, California. If this proposed Ventura Fish and Wildlife Office, 2394 Portola Road, Suite B, Ventura, fluctuations in arroyo toad populations. rule is made final, section 7 of the Act Human alterations of habitat can have would prohibit destruction or adverse California, or at the Carlsbad Fish and Wildlife Office, 2730 Loker Avenue unpredictable effects on arroyo toad modification of critical habitat by any populations. As a result of agriculture activity funded, authorized, or carried West, Carlsbad, California (telephone 760/431–9440). and urbanization, and the construction, out by any Federal agency. operation, and maintenance of water FOR FURTHER INFORMATION CONTACT: Section 4 of the Act requires us to storage reservoirs, flood control consider economic and other relevant Field Supervisor, Ventura Fish and structures, roads, and recreational impacts of specifying any particular area Wildlife Office, at the above address facilities such as campgrounds and off- as critical habitat. We solicit data and (telephone 805/644–1766; facsimile highway vehicle parks, many arroyo comments from the public on all aspects 805/644–3958). For information about toad populations have been reduced in of this proposal, including data on the Los Angeles and San Bernardino size or extirpated (eliminated) due to economic and other impacts of Counties, and Riverside, Orange, and extensive habitat loss from the 1920s designation and our approaches for San Diego Counties, contact the Field into the 1990s. The loss of habitat, handling habitat conservation plans Supervisor, Carlsbad Fish and Wildlife coupled with habitat modifications due (HCPs). We may revise this proposal to Office, 2730 Loker Avenue West, to the manipulation of water levels in incorporate or address new information Carlsbad, California 92008 (telephone many central and southern California received during the comment period. 760/431–9440; facsimile 760/431–9624). streams and rivers, as well as predation DATES: We will accept comments from SUPPLEMENTARY INFORMATION: from introduced aquatic species, and all interested parties until August 7, Background habitat degradation from introduced 2000. Two public hearings have been plant species, caused arroyo toads to be scheduled for June 27, 2000, and June The following discussion is adapted extirpated from about 75 percent of the 29, 2000, see locations below. from the final recovery plan for the previously occupied habitat in ADDRESSES: arroyo toad (Service 1999), which California (Jennings and Hayes 1994). 1. Comments: If you wish to contains additional details and is Because relatively little was known comment, you may submit your available from the addresses above. The about this animal, and it was often comments and materials concerning this arroyo southwestern toad (Bufo confused with the California toad (Bufo proposal by any one of several methods. microscaphus californicus) is one of boreas halophilus), which is very a. You may submit written comments three members of the southwestern toad common in the same region, detailed and information to the Field Supervisor, (B. microscaphus) complex, in the studies of the natural history of the U.S. Fish and Wildlife Service, Ventura family of true toads, Bufonidae. The arroyo toad were not conducted until Fish and Wildlife Office, 2394 Portola taxonomy of the complex has been the 1980s and 1990s. The arroyo toad Road, Suite B, Ventura, California examined recently by Gergus (1998). exhibits breeding habitat specialization 93003. Based on his genetic studies, the arroyo that favors shallow pools and open sand b. You may hand-deliver written toad should be considered a separate and gravel channels along low-gradient comments to our Ventura Office, at the species, Bufo microscaphus reaches of medium to large-sized address given above. californicus. streams (Service 1999). These streams c. You may send comments by The arroyo toad is a small (adults: can have either intermittent or perennial electronic mail (e-mail) to snout-urostyle (body) length 55 to 82 streamflow and typically experience

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36513 periodic flooding that scours vegetation designated an order of two. In general, particularly susceptible to predation at and replenishes fine sediments. In at the higher the order number, the larger this time. Females apparently move to least some portions of its range, the the watershed, and the greater the the breeding pools in the streams for species also breeds in smaller streams channel dimensions. Such habitats only short time periods, in order to soak and canyons where low-gradient rarely have closed canopies over the in the water and to breed (Griffin et al. breeding sites are more sporadically lower banks of the stream channel due 1999; Nancy Sandburg, Santa Barbara, distributed. Populations in smaller to regular flood events. Heavily shaded California, pers. comm. 1999). drainages are likely to be much smaller pools are generally unsuitable for larval Amplexus (mating embrace of the and at greater risk of extirpation than and juvenile arroyo toads because of female by the male) and egg-laying those on larger streams and in larger lower water and soil temperatures and generally occur at the site where the habitat patches (Service 1999). poor algal mat development. Episodic male was calling. Female arroyo toads Arroyo toads also require and spend (temporary) flooding is critical to keep apparently release their entire clutch of most of their adult life in upland the low stream terraces relatively 2,000 to 10,000 eggs as a single breeding habitats. Individual toads have been vegetation-free and the soils friable effort and probably are unable to observed as far as 2 kilometers (km) (1.2 enough for juvenile and adult toads to produce a second clutch during the miles (mi)) from the streams where they create burrows. Pools less than 30 mating season. If conditions are breed, but are most commonly found centimeters (cm) (12 in.) deep with clear unsuitable, females may not obtain within 0.5 km (0.3 mi) of those streams water, flow rates less than 5 cm per sufficient food for egg production and (Service 1999; Griffin et al. 1999; Dan C. second (0.2 foot (ft) per second), and will forgo breeding during that year. The Holland, Camp Pendleton Amphibian bottoms composed of sand or well- eggs are laid on substrates of sand, and Reptile Survey, Fallbrook, sorted fine gravel are favored by adults gravel, cobble, or mud generally located California, unpublished data). Arroyo for breeding. away from vegetation in the shallow toads typically burrow underground Areas that are used by juveniles margins of the pool. High water flows during periods of inactivity and thus consist primarily of sand or fine gravel will wash the eggs out of the pools, tend to utilize upland habitats that have bars with varying amounts of large breaking up the egg strands and killing sandy, friable (readily crumbled) soils. gravel or cobble with adjacent stable the developing embryos. Silt eroding Although the upland habitat use sandy terraces and streamside flats. into the streams from road crossings, patterns of this species are poorly Areas that are damp and have less than adjacent roads, overgrazing, or mining understood, activity probably is 10 percent vegetation cover provide the activities can cover and suffocate the concentrated in the alluvial flats (areas best conditions for juvenile survival and eggs. created when sediments from the stream rapid growth (Service 1999). Embryos usually hatch in 4 to 6 days are deposited) and sandy terraces found The adjacent sandy terraces, which at water temperatures of 12 to 16 in valley bottoms (Service 1999; Griffin are used by subadults and adults for degrees Celsius (54 to 59 degrees et al. 1999; Ramirez 2000; D.C. Holland, foraging and burrowing, may be sparsely Fahrenheit). Larvae may take 8 to 14 unpubl. data). to heavily vegetated with brush and days to become free-swimming, trees such as mulefat (Baccharis spp.), depending on the water temperature. Habitat Characteristics and Ecological California sycamore (Platanus They are particularly susceptible to the Considerations racemosa), cottonwoods (Populus spp.), effects of high water flows during this Arroyo toads have specialized coast live oak (Quercus agrifolia), and time period, and heavy rains or requirements for breeding habitats. willow (Salix spp.). The understory of untimely releases of water from dams Specifically, they require shallow, slow- stream terraces may consist of scattered can kill thousands of tadpoles very moving streams, and riparian (areas near short grasses, herbs, and leaf litter, with quickly. The larval period for arroyo a source of water) habitats that are patches of bare or disturbed soil, or have toads lasts about 65 to 85 days, disturbed naturally on a regular basis, no vegetation at all. Substantial areas of depending on water temperatures. primarily by flooding. Periodic flooding fine sand, into which adult toads Metamorphosis may occur at any time helps maintain areas of open, burrow, must be present, but can be between April and the beginning of nonvegetated sandy stream channels interspersed with gravel or cobble September, depending on the time of and terraces. Throughout their range, deposits. breeding, weather, and water quality. arroyo toads are found in foothill Upland habitats used by arroyo toads Peak metamorphosis occurs from the canyons and intermountain valleys during the nonbreeding season include end of June to mid-July in the northern where medium- to large-sized streams alluvial scrub, coastal sage scrub, part of the toad’s range and from late and rivers are bordered closely by low chaparral (shrubby plants adapted to April to mid-May in southern hills, riverbed gradients are low, and the dry summers and moist winters), California. For several days before surface stream flows frequently pool or grassland, and oak woodland. When metamorphosis, arroyo toad larvae cease are intermittent for at least a few months foraging, subadult and adult arroyo feeding and aggregate in shallow water of the year. South of the Santa Clara toads often are found around the along the edges of gravel or sand bars, River, Los Angeles County, they also driplines of oak trees. These areas often often under or along stranded algal occur on a few desert slopes and on the lack vegetation, yet have appropriate mats. The metamorphosing and newly coastal plain. levels of prey. When active at night, metamorphosed toads are extremely For breeding, adult arroyo toads use toads often can be observed near ant susceptible to predation, habitat open sites such as overflow pools, old trails feeding on passing ants, beetles, disturbance, and activities in the flood channels, and pools on streams of and other prey. streams during this period, as they first to sixth order. Rivers and streams Males call from the streams during the cannot escape (Service 1999). are classified by order. The order refers breeding period, which is generally Juvenile arroyo toads remain in the to how many branches or tributaries a from February to early July, although it saturated substrate at the edges of stream has. The smallest unbranched can be extended in some years, breeding pools for 1 to 3 weeks. They tributary in a watershed is considered depending on weather conditions. are active during the day and often an order of one. A channel formed by Males may remain at or near the exposed on the barren sand because the confluence of two such tributaries is breeding pools for several weeks and are they are too small to burrow into the

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36514 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules substrate. During this period, many (302 ft) from the streams, while those in the normal climatic fluctuations in the toads are lost due to predation unless a narrower canyon moved only 23 m (75 arroyo toad’s range, which can include they can find some cover, such as ft) from the streambed (Griffin et al. consecutive years of extremely high or cobble, algal mats, or pieces of debris, 1999). Ramirez (2000) recorded a low rainfall, human impacts can cause under which to hide. As the toads maximum distance from the stream of temporary or permanent extirpations of mature, they move further from the 37 m (121 ft) in one desert slope stream toads from some areas. Human activities pools onto sand and gravel bars. with a very narrow floodplain, and 145 that may cause adverse impacts to Crushing of toads by humans and m (476 ft) in another desert slope system arroyo toads include urbanization and livestock can be a substantial source of with a broader floodplain. Extended agriculture within and adjacent to mortality at this stage (Service 1999). movement away from streams may be riparian habitats, the use of pesticides As the toads grow, they begin to dig facilitated by microclimates wherein and herbicides within or adjacent to shallow burrows in fine sand, and lower temperatures and high humidity arroyo toad habitat, dam building and switch to a night-time activity pattern, on foggy days in the spring and summer the resulting reservoirs, water flow when they forage for ants and beetles. create moist substrates in upland manipulations, sand and gravel mining, Suitable sandy habitat can be highly habitats where adult arroyo toads can suction dredge mining, road placement localized resulting in dense survive (Service 1999). We do not have across and within stream terraces, concentrations of juvenile toads. If the enough data to accurately characterize livestock grazing, off-highway vehicle substrate is not friable enough, juvenile overwintering activities and habitat use use of roads and stream channels, the toads often disperse farther away from in all of the systems that arroyo toads placement of campgrounds and other the breeding pool into nearby stands of inhabit. recreational facilities in arroyo toad willows and mulefat. Most toads will Several land use activities may affect habitat (especially on stream terraces), move into willows or other vegetation as the hydrology of arroyo toad stream and the use of stream channels and they grow, and as the stream dries habitats and destroy or severely modify terraces for recreational activities. naturally. Removal of native vegetation, the dynamic nature of the riparian in addition to increasing erosion into systems upon which arroyo toads Previous Federal Actions the streams, can leave small toads at risk depend for reproduction, development, We first included the arroyo of dehydration and death. and survival. Arroyo toad breeding southwestern toad as a Category 2 Male arroyo toads usually reach habitat is created and maintained by the candidate species in the September 18, adulthood in 2 years. Females become fluctuating hydrological, geological, and 1985, Notice of Review of Candidate sexually mature in 2 to 3 years, when ecological processes operating in Species (50 FR 37958). It was included they attain lengths greater than 54 mm riparian ecosystems and the adjacent under the same category in subsequent (2.1 in.). However, males may reach uplands. These riparian/wash habitats notices on January 6, 1989 (54 FR 554), adulthood at 1 year if conditions are as well as adjacent upland habitats are and November 21, 1991 (56 FR 58804). favorable. We have little data on essential for this species’ survival. We were petitioned to list the arroyo lifespan; based on age-size distributions, Periodic flooding that modifies stream toad under the Endangered Species Act many individuals live only about 5 channels, redistributes channel (Act) of 1973, as amended (16 U.S.C. years. Longevity may vary with local sediments and alters pool location and 1531 et seq.), on December 30, 1992, conditions. Recapture rates of marked form, coupled with upper terrace and we published a proposed rule on individuals from one breeding season to stabilization by vegetation, is required August 3, 1993 (58 FR 41231). The the next range from 15 to 50 percent. to keep a stream segment suitable for all arroyo toad was listed as endangered on Little is known of the seasonal and life stages of the arroyo toad. Human December 16, 1994 (59 FR 64859). The annual movements or physiological activities that affect water quality, designation of critical habitat was ecology of adults, but data suggest that influence the amount and timing of determined to be not prudent due to many subadults and some adult males nonflood flows or frequency and threats of vandalism and collection. A move along streams as much as 0.8 km intensity of floods, affect riparian plant draft recovery plan for the arroyo (0.5 mi) and over 1.0 km (0.6 mi) in a communities, or alter sedimentation southwestern toad was made available few cases during a single breeding dynamics can reduce or eliminate the for public comment on May 6, 1998 (63 season (Griffin et al. 1999; Ramirez suitability of stream channels for arroyo FR 25062), and we published the final 2000). Dispersal movements may be toad breeding habitat. Degradation or recovery plan in September 1999. over 8 km (5 mi) (U.S. Forest Service loss of surrounding riparian and upland At the time of listing, we concluded (Forest Service) 1999). Amount of habitats reduces and eliminates foraging that designation of critical habitat for rainfall, availability of surface water, and overwintering habitat. The the arroyo toad was not prudent because width of streamside terraces and introduction of nonnative plant and such designation would not benefit the floodplains, vegetative cover, and animal species can reduce the quality of species. We were concerned that critical topography can all influence the habitat all habitats used by arroyo toads, lead to habitat designation would likely available to arroyo toads and the detrimental levels of competition and increase the degree of threat from distances they will move from the predation, or reduce the availability of vandalism, collection, or other human- streambed (Griffin et al. 1999; Ramirez toad food. Run-off from roads can induced impacts. We were aware of at 2000). In San Diego County, Griffin et al. decrease habitat quality for arroyo toads, least one instance of the apparent (1999) found that the female adult and roads provide access for humans, collection of a group of breeding males arroyo toads they radiotracked moved domestic animals, and invasive species that had occurred during the listing an average maximum distance of 135 that can lead to additional habitat process, following the publication of meters (m) (443 feet (ft)) and a degradation. information regarding an ongoing maximum of more than 300 m (984 ft) The effects of such activities and scientific study. During the perpendicularly from streams, while factors may not become apparent until development of the final recovery plan, males moved an average maximum of 73 many years later when the habitat concern was raised about collecting m (240 ft) from the streams. Males along finally becomes sufficiently degraded activities on some public lands (Service a coastal stream with a broad floodplain that arroyo toads can no longer 1999). However, we have determined moved an average maximum of 92 m reproduce and survive. Combined with that instances of vandalism have not

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36515 increased since the listing of the arroyo Critical Habitat fund, or carry out is not likely to toad, and the threats to this species and Critical habitat is defined in section 3 jeopardize the continued existence of a its habitat from specific instances of of the Act as—(i) the specific areas threatened or endangered species, or collection and habitat destruction do within the geographic area occupied by result in the destruction or adverse not outweigh the broader educational, a species, at the time it is listed in modification of critical habitat. In 50 potential regulatory, and other possible accordance with the Act, on which are CFR 402.02, ‘‘jeopardize the continued benefits that designation of critical found those physical or biological existence’’ (of a species) is defined as habitat would provide for this species. features (I) essential to the conservation engaging in an activity likely to result in A designation of critical habitat can of the species and (II) that may require an appreciable reduction in the likelihood of survival and recovery of a provide educational benefits by formally special management consideration or identifying those areas essential to the listed species. ‘‘Destruction or adverse protection and; (ii) specific areas conservation of the species. These areas modification’’ (of critical habitat) is outside the geographic area occupied by are also identified in the recovery plans defined as a direct or indirect alteration a species at the time it is listed, upon as the focus of our recovery efforts for that appreciably diminishes the value of determination that such areas are the arroyo toad. critical habitat for the survival and essential for the conservation of the On March 4, 1999, the Southwest recovery of the listed species for which species. ‘‘Conservation’’ means the use Center for Biological Diversity, the critical habitat was designated. Thus, of all methods and procedures that are Center for Biological Diversity, and the definitions of ‘‘jeopardy’’ to the necessary to bring an endangered Christians Caring for Creation filed a species and ‘‘adverse modification’’ of lawsuit in the Northern District of species or a threatened species to the critical habitat are nearly identical. California against the U.S. Fish and point at which listing under the Act is Designating critical habitat does not, Wildlife Service and Bruce Babbitt, no longer necessary. in itself, lead to recovery of a listed Secretary of the Department of the Section 4(b)(2) of the Act requires that species. Designation does not create a Interior (Secretary), for failure to we base critical habitat proposals upon management plan, establish numerical designate critical habitat for seven the best scientific and commercial data population goals, prescribe specific species: the Alameda whipsnake available, after taking into consideration management actions (inside or outside (Masticophis lateralis euryxanthus), the the economic impact, and any other of critical habitat), or directly affect Zayante band-winged grasshopper relevant impact, of specifying any areas not designated as critical habitat. (Trimerotropis infantilis), the Morro particular area as critical habitat. We Specific management recommendations shoulderband snail (Helminthoglypta may exclude areas from critical habitat for areas designated as critical habitat walkeriana), the arroyo southwestern designation when the benefits of are most appropriately addressed in toad (Bufo microscaphus californicus), exclusion outweigh the benefits of recovery, conservation and management the San Bernardino kangaroo rat including the areas within critical plans, and through section 7 (Dipodomys merriami parvus), the habitat, provided the exclusion will not consultations and section 10 permits. spectacled eider (Somateria fischeri), result in extinction of the species This critical habitat designation and the Steller’s eider (Polysticta (section 4(b)(2) of the Act). identifies specific units that are stelleri) (Southwest Center for Biological Designation of critical habitat can essential to the conservation of a listed Diversity v. U.S. Fish and Wildlife, CIV help focus conservation activities for a species and that may require special 99–1003 MMC). On November 5, 1999, listed species by identifying areas that management considerations or William Alsup, U.S. District Judge, contain the physical and biological protection. All of the proposed critical dismissed the plaintiffs’ lawsuit features that are essential for habitat areas are considered essential to pursuant to a settlement agreement conservation of that species. the conservation of the arroyo toad as entered into by the parties. Publication Designation of critical habitat alerts the described in the final recovery plan. The of this proposed rule is consistent with public as well as land-managing proposed critical habitat units contain a that settlement agreement. agencies to the importance of these mosaic of habitats that provide Absent the settlement agreement, the areas. breeding, foraging, sheltering, and living processing of this proposed rule does Critical habitat also identifies areas spaces for arroyo toads, as well as not conform with our current Listing that may require special management migration and dispersal corridors. Each Priority Guidance published in the considerations or protection, and may critical habitat unit currently may not Federal Register on October 22, 1999 provide protection to areas where contain all of the primary constituent (64 FR 57114). The guidance clarifies significant threats to the species have elements, but could develop them in the the order in which we will process been identified. Critical habitat receives future. Some of the habitat in the rulemakings. Highest priority is protection from destruction or adverse proposed units could be improved processing emergency listing rules for modification through required through habitat rehabilitation or any species determined to face a consultation under section 7 of the Act improved management (e.g., removal of significant and imminent risk to its with regard to actions carried out, nonnative species or restoration of more well-being (Priority 1). Second priority funded, or authorized by a Federal natural streamflow regimes). (Priority 2) is processing final agency. Section 7 also requires determinations on proposed additions conferences on Federal actions that are Methods to the lists of endangered and likely to result in the adverse In determining areas that are essential threatened wildlife and plants. Third modification or destruction of proposed to conserve the arroyo toad, we used the priority is processing new proposals to critical habitat. Aside from the best scientific and commercial data add species to the lists. The processing protection that may be provided under available. We have reviewed the overall of administrative petition findings section 7, the Act does not provide other approach to the conservation of the (petitions filed under section 4 of the forms of protection to lands designated arroyo toad undertaken by the local, Act) is the fourth priority. We are as critical habitat. state, Tribal, and Federal agencies processing this proposed rule in Section 7(a)(2) of the Act requires operating within the species’ range compliance with the above-mentioned Federal agencies to consult with us to since its listing in 1994, and the settlement agreement. ensure that any action they authorize, identified steps necessary for recovery

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36516 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules outlined in the final Recovery Plan for required to base critical habitat soils are typically most prevalent on the Arroyo Southwestern Toad (Service determinations on the best scientific alluvial terraces and valley bottomlands 1999). and commercial data available and to and occur primarily, but not We have also reviewed available consider those physical and biological exclusively, within 1.5 km (0.9 mi) of information that pertains to the habitat features (primary constituent elements) the streamcourse and less than 25 m (80 requirements of this species, including that are essential to the conservation of ft) in elevation above the adjacent material received since completion of the species, and that may require special stream channel); few or no nonnative the recovery plan. This material management considerations and species that prey upon or compete with included data in reports submitted protection. These include, but are not arroyo toads, or degrade their habitat; during section 7 consultations and by limited to, space for individual and stream channels and upland habitats biologists holding section 10(a)(1)(A) population growth and for normal where manmade barriers do not recovery permits; research published in behavior; food, water, air, light, completely or substantially impede peer-reviewed articles and presented in minerals, or other nutritional or migration to overwintering sites, academic theses and agency reports; physiological requirements; cover or dispersal between populations, or regional Geographic Information System shelter; sites for breeding, reproduction, recolonization of areas that contain (GIS) coverages; habitat evaluation rearing (or development) of offspring; suitable habitat; and undisturbed models developed for and data and habitats that are protected from habitats. Primary constituent elements, submitted by the Los Padres, Angeles, disturbance or are representative of the or components thereof, are found in all San Bernardino, and Cleveland National historic geographical and ecological of the areas proposed for critical habitat. Forests; habitat evaluation models for distributions of a species. Arroyo toads are not distributed the San Diego County Multiple Species Due to the complex life history and uniformly throughout the critical habitat Conservation Program (MSCP), the dispersal capabilities of the toads, and units. Arroyo toad breeding habitat is North San Diego County Multiple the dynamic nature of the environment patchily distributed along the stream Habitat Conservation Program (MHCP), in which they are found, all of the courses, and the same may be true of and the North County Subarea of the primary constituent elements may not appropriate upland habitat. Some areas MSCP for Unincorporated San Diego be found in or adjacent to every stream are suitable only for migration and County; and a habitat capability model reach and associated upland habitats dispersal between breeding and foraging developed by Barto (1999) for San Diego proposed for critical habitat. It is habitats or to additional breeding pools County. important to provide for dispersal and that will accommodate expanding The areas we are proposing to migration corridors, as well as allowing populations. The areas within the designate as critical habitat currently room for expansion of the populations. proposed units contain some or all of provide some or all of those habitat Habitat rehabilitation efforts, as well as the primary constituent elements. Areas components essential for the primary changes in current management within the proposed critical habitat that biological needs of the arroyo toad as activities, may be necessary in some may not have toads present at a given defined by the primary constituent areas in order to attain an optimal point in time may be capable of elements. Additionally, section 4(b)(2) distribution of the primary constituent supporting the constituent elements of the Act requires us to designate elements in each critical habitat unit. because habitat conditions can change critical habitat on the basis of the best The primary constituent elements of rapidly in response to flows and other scientific and commercial information critical habitat for the arroyo toad factors, such as the development and available, and to consider the economic include rivers and streams with a shifting of sand and gravel bars, and and other relevant impacts of hydrologic regime that supplies creation and disappearance of pools. designating a particular area as critical sufficient flowing water of suitable Terrace and upland habitat habitat. We may exclude areas from quality at the appropriate times to characteristics and suitability are critical habitat upon a determination provide space, food, and cover needed dynamic and may change as a result of that the benefits of such exclusions to sustain eggs, tadpoles, rainfall, earthquakes, fires, and other outweigh the benefits of specifying such metamorphosing juveniles, and adult natural events. areas as critical habitat. breeding toads; low-gradient stream segments (typically less than 4 percent) Criteria Used To Identify Critical Relationship to Mexico with sandy or fine gravel substrates Habitat We are not aware of any existing which support the formation of shallow The final recovery plan (Service 1999) national level regulatory mechanism in pools and sparsely vegetated sand and for the arroyo toad identified the Mexico that would protect the arroyo gravel bars for breeding and rearing of specific recovery needs of the species toad or its habitat, although new tadpoles and juveniles; a natural and serves as a starting point for legislation for wildlife is pending in flooding regime or one sufficiently identifying areas essential to the Mexico and Mexico has laws that could corresponding to a natural regime that conservation of the toad. Those drainage provide protection for rare species, there will periodically scour riparian basins identified in the final recovery are enforcement challenges. If specific vegetation, rework stream channels and plan as areas that should be maintained protections were available and terraces, and redistribute sands and or rehabilitated in order to achieve enforceable in Mexico, for this species sediments, such that adequate numbers arroyo toad recovery are generally the portion of the range in Mexico and sizes of breeding pools and reflected in this proposed critical alone, in isolation, would not be sufficient terrace habitats with habitat designation. The designation of adequate to ensure the long-term appropriate vegetation are maintained to critical habitat is one of several tools conservation of this species. provide for the needs of all life stages of available for implementing the recovery the toad; upland habitats of sufficient strategy for the toad. Primary Constituent Elements width and quality (i.e., with areas of The recovery strategy for the arroyo In accordance with section 3(5)(A)(i) loose, sandy soil where toads can toad focuses on providing sufficient of the Act, and regulations at 50 CFR burrow underground) to provide breeding and upland habitat to maintain 424.12, in determining which areas to foraging and living areas for subadult self-sustaining populations of arroyo propose as critical habitat, we are and adult arroyo toads (loose, sandy toads throughout the historic range of

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36517 the species in California, and TABLE 1. RECOVERY UNITS FOR THE (0.9 mi) away from the stream. This minimizing or eliminating impacts and ARROYO TOAD.ÐContinued technique was effective at capturing threats to arroyo toad populations. Self- alluvial areas associated with river sustaining populations are those Upper Santa Ynez River Basin (Indian, valleys without extending appreciably documented as having successful Mono, Agua Caliente), Santa Barbara up the adjacent hillsides. Thus, the recruitment (i.e., inclusion of newly County width of the upland component of Sespe Creek., Ventura County matured individuals into the breeding Piru Creek (Upper and Lower), Ventura critical habitat varies based on population) equal to 20 percent or more and Los Angeles counties topography. The habitat is wide in of the average number of breeding Upper Santa Clara River Basin, Los An- broad alluvial valleys and narrow in adults in 7 of 10 years of average to geles County places where streams run through above average rainfall amounts with Upper Los Angeles Basin: (Big Tujunga, constricted canyons or between normal rainfall patterns. The level of tributaries, Arroyo Seco), Los Angeles surrounding hills. recruitment is based on the currently County To provide a legal description of the available information, which indicates Southern Unit: proposed critical habitat units, a 1-km2 that arroyo toads may live for only about Santiago Creek, Orange County (0.62 mi2) Universal Transverse 5 years, and that losses of overwintering San Jacinto and Bautista Creek, River- Mercator (UTM) grid was overlaid on side County each essential stream reach and its adults can be high. Having 20 percent or San Juan basin and Trabuco Creeks, greater recruitment in 7 of 10 good Orange and Riverside counties surrounding upland habitat area (as rainfall years should provide a sufficient San Mateo and San Onofre Creek Ba- defined by the GIS-based modeling population base to maintain the sins, San Diego and Orange counties described above). The proposed critical population through adverse conditions Lower Santa Margarita basin (De Luz, habitat units represent all 1-km2 (0.62 such as during drought years or high Roblar, and Sandia Creeks), San mi2) UTM grid squares that contain flow years, or following fires. Diego County portions of an essential stream segment Self-sustaining populations should Upper Santa Margarita Basin (Temecula or upland habitat area. Defining critical require little or no direct human Creek, Arroyo Seco), Riverside and habitat unit boundaries at a 1-km2 (0.62 assistance such as captive breeding or San Diego Counties mi2) scale resolution does result in the rearing, or translocation of arroyo toads Lower and Middle San Luis Rey Basin inclusion of some areas that potentially (below Lake Henshaw), San Diego between sites. Protection and County lack the primary constituent elements management of areas on a watershed Upper San Luis Rey basin (above Lake necessary for arroyo toads. basis is the most effective means of Henshaw), San Diego County To identify proposed critical habitat achieving such distributions of habitat. Santa Ysabel Creek, San Diego County units, we first examined those lands Areas should be large enough to allow San Diego basin (including San Vicente under Federal jurisdiction. Those lands a dynamic spatial and temporal Creek), San Diego County include areas managed by the distribution of suitable breeding, Sweetwater River Basin (including Department of Defense (DOD), the U.S. foraging, dispersal, and migration Viejas, Peterson Creeks), San Diego Forest Service (USFS), the Bureau of habitats in the event of random natural County Land Management (BLM), the Army or human-related events such as fires, Cottonwood Creek Basin, San Diego Corps of Engineers (Army Corps), and County the U.S. Fish and Wildlife Service floods, and droughts. Desert Recovery Unit: Arroyo toads survive in areas that are Little Rock Creek, Los Angeles County (Service). We also considered the ecologically and geographically distinct Upper Mojave River Basin (Mojave, existing status of non-Federal and from one another, and the threats in Deep, Horsethief, Little Horsethief), private lands in designating areas as those areas differ. To better address the San Bernardino County critical habitat. Section 10(a)(1)(B) of the recovery needs of the arroyo toad in Whitewater River Basin, Riverside Coun- Act authorizes us to issue permits for each of these areas, we identified three ty. the take of listed species incidental to recovery units, the Northern, Southern, otherwise lawful activities. An and Desert, that reflect the ecological In an effort to map areas essential to incidental take permit application must and geographic separations, and cover the conservation of the species, we used be supported by a habitat conservation the known and historic range of the data on known arroyo toad locations, plan (HCP) that identifies conservation species. We are proposing some critical focusing specifically on those areas measures that the permittee agrees to habitat in each of the recovery units to identified in the recovery plan as implement for the species to minimize identify for the public and land essential for the stabilization and and mitigate the impacts of the managers those distinct ecological reclassification of the species. We then requested incidental take. Non-Federal environments in which the toad is used spatial data on stream gradient to and private lands that are covered by an found that are essential to its recovery, better determine the extent of suitable existing operative HCP and executed and to enable land managers to make breeding habitat in these areas. Stream implementation agreement (IA) for management decisions that may help segments containing suitable stream arroyo toads under section 10(a)(1)(B) of stabilize and expand the populations in gradient are often patchily distributed the Act receive special management and these units to preserve the species’ full and interspersed with higher gradient protection under the terms of the HCP/ genetic diversity. The recovery units as segments. These interspersed high- IA and are therefore not being proposed identified in the final recovery plan are gradient segments were included in the for inclusion in critical habitat as provided for reference in Table 1. mapped essential stream reaches discussed in section 3(5) of the Act. because of their proximity to suitable We considered, and are proposing, TABLE 1. RECOVERY UNITS FOR THE breeding habitat and their importance in portions of the Pala, Rincon, Capitan ARROYO TOAD. facilitating movement between breeding Grande, Sycuan, Viejas, La Posta, and sites. Soboba Indian Reservations because we Northern Unit: GIS-based modeling was then used to believe that riparian and adjoining San Antonio River, Monterey County identify upland areas within a 25-m (80- upland areas on Tribal lands may be Sisquoc River and tributaries, Santa Bar- ft) elevation range of each essential essential to the continued existence of bara County stream reach and no more than 1.5 km arroyo toads. However, the short

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36518 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules amount of time allowed under the effectively separate portions of the basin Unit 1: San Antonio River, Monterey settlement agreement approved by the (e.g., a large reservoir or gorge). County court to propose critical habitat Jennings and Hayes (1994) estimate precluded us from adequately Unit 1 consists of the San Antonio that arroyo toads have lost up to 75 River and adjacent uplands, from the coordinating with the respective Tribes. percent of their historic habitat. Subsequent to this proposal, we will junction of Forest Creek downstream to Although the linear measure of coordinate with the Tribes before San Antonio Reservoir. The unit historically occupied streams may not making a final determination as to encompasses approximately 9,100 ha whether any Tribal lands should be be four times what is currently (22,600 ac), 98 percent of which is on included as critical habitat for the occupied, it is clear from museum the Fort Hunter Liggett Military arroyo toad. We will consider whether records and data on extant populations Reservation. This is the northernmost these Tribal lands require special that the habitats capable of supporting known occurrence of arroyo toads and management considerations or large numbers of arroyo toads have is approximately 160 km (100 mi) north protection; we may also exclude some decreased dramatically in the last 100 of the nearest documented extant or all of these lands from critical habitat years. The reaches that typically support population. The protection and recovery upon a determination that the benefits or historically supported the highest of this population are essential to of excluding them outweighs the densities of toads are those in the lower maintain the complete genetic benefits of designating these areas as and middle portions of river basins, variability of the species and the full critical habitat, as provided under typically associated with third order or range of ecological settings within section 4(b)(2) of the Act. This larger streams. Many of those reaches which it is found. consultation will take place under the have been lost to urban development, Unit 2: Sisquoc River, Santa Barbara auspices of Secretarial Order 3206 and intensive agriculture, and reservoirs. County the Presidential Memorandum of April Arroyo toads now occur as isolated Unit 2 consists of the Sisquoc River 29, 1994, which require us to coordinate subpopulations on the middle and with federally recognized Tribes on a and adjacent uplands, from Sycamore upper reaches of tributaries of many Government-to-Government basis. Campground downstream to its large rivers. They probably occurred on confluence with the Santa Maria River. We did not map critical habitat in these creeks downstream to the sufficient detail to exclude all The unit encompasses approximately confluences with the mainstems. If so, developed areas such as towns, housing 11,700 ha (28,900 ac), of which 67 and if arroyo toads used the mainstems developments, and other lands unlikely percent is private land and 33 percent for breeding or dispersal, all of the to contain primary constituent elements is within the Los Padres National Forest. essential for arroyo toad conservation. arroyo toads in a single basin would Upper stretches of the river are within Areas of existing features and structures have constituted a single the National Forest and mostly within within the unit boundaries, such as metapopulation. The isolation of the San Rafael Wilderness Area. Below buildings, roads, aqueducts, railroads, subpopulations on the tributaries can the National Forest boundary, the river airports, and paved areas will not lead to inbreeding and genetic and adjacent uplands are on private contain one or more of the primary instability, making them more lands. This long, unregulated stream is constituent elements. Federal actions susceptible to losses from disease or occupied arroyo toad habitat and is one limited to these areas, therefore, would other problems. Losses of genetic of the few remaining major rivers in not trigger a section 7 consultation, variability associated with inbreeding southern California with a natural flow unless they affect the species and/or the can make it more difficult for a regime. primary constituent elements in population to survive when Unit 3: Upper Santa Ynez River Basin, adjacent critical habitat. environmental conditions change, as Santa Barbara County Proposed Critical Habitat Designation associated with long-term climatic changes or fluctuations (e.g., ice ages, Unit 3 is located upstream of Gibraltar The approximate area encompassing global warming). When populations in Reservoir and incorporates portions of proposed critical habitat by county and isolated reaches are greatly reduced or the upper Santa Ynez River, Indian land ownership is shown in Table 2. lost due to natural or human-related Creek, Mono Creek, and adjacent Proposed critical habitat includes arroyo impacts, including catastrophic fires or uplands. The unit encompasses toad habitat throughout the species’ floods, the loss of habitat continuity and approximately 5,700 ha (14,100 ac) range in the United States (i.e., the greater distances between within the Los Padres National Forest, Monterey, San Luis Obispo, Santa subpopulations will make it more with over 90 percent on National Forest Barbara, Ventura, Los Angeles, difficult for arroyo toads to recolonize lands and the remainder in private Riverside, San Bernardino, Orange, and those fragmented habitats (see e.g., Barto inholdings. Proposed portions of the San Diego Counties, California). Lands 1999). upper Santa Ynez River watershed proposed are under private, local extend from Jameson Reservoir down to agency, county, State, Tribal, and Northern Recovery Unit Gibraltar Reservoir. Indian Creek basin Federal ownership. Lands proposed as is proposed from the Buckthorn Creek critical habitat have been divided into The following seven critical habitat confluence down to the Mono Debris 22 Critical Habitat Units. Brief units are located in the Northern Dam. Mono Creek is proposed from the descriptions of each unit, and reasons Recovery Unit for the arroyo toad, as first unnamed stream below The for proposing them as critical habitat, discussed in the final recovery plan. Narrows to its confluence with the are presented below. The units are Most of the lands are Federal, and Santa Ynez River. A substantial and generally based on geographically management needs are being addressed well-studied arroyo toad population distinct river basins. In several through the section 7 consultation occurs in this area (Sweet 1992, 1993). instances, a river basin has been broken process and the development of It is likely the remnants of a much larger into two or more units based on human management plans and conservation population that historically extended or natural landscape features that strategies. downstream below what is now Lake

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Cachuma and upstream into the area (Subunit B). San Francisquito Creek take has been authorized are not being occupied by Jameson Reservoir. offers an excellent opportunity for proposed for critical habitat. The expanding the Upper Santa Clara arroyo current status of arroyo toads in this Unit 4: Sespe Creek, Ventura County toad population with appropriate unit is poorly known, but there are Unit 4 includes Sespe Creek and management of nonnative plants and historic records from the 1970s and adjacent uplands, from the lower end of habitat rehabilitation. high-quality habitat still exists in the Sespe Gorge (elevation approximately area. The unit is important for arroyo Unit 7: Upper Los Angeles River Basin, 1,075 m (3,530 ft)) downstream to the toad recovery, as it is the northernmost Los Angeles County confluence with Alder Creek. The unit remaining habitat in Orange County and encompasses approximately 5,800 ha Unit 7 includes portions of Big supports the only remaining population (14,300 ac), of which 96 percent is on Tujunga, Mill, Alder, and Arroyo Seco within the lower Santa Ana River Basin. the Los Padres National Forest and the creeks, and adjacent uplands. The unit remainder is in private inholdings. A encompasses approximately 8,700 ha Unit 9: San Jacinto River and Bautista substantial arroyo toad population (21,500 ac), of which 68 percent is Creek, Riverside County occurs in this unit (Service 1999) along within the Angeles National Forest and Unit 9 includes portions of the San an undammed stream in a watershed 32 percent is private land. Big Tujunga Jacinto River and Bautista Creek and that is predominately National Forest Creek is proposed from Big Tujunga adjacent uplands, several miles east of land. In all likelihood, arroyo toad Dam downstream to Hansen Lake the town of Hemet. The unit populations in units 4, 5, and 6 (Subunit A) (excluding Big Tujunga encompasses approximately 5,370 ha historically were part of a large Santa Reservoir). Big Tujunga Creek upstream (13,300 ac), of which 62 percent is Clara River Basin metapopulation. from Big Tujunga Lake to 2 km (1.2 mi) private land and 24 percent is within Substantive barriers to toad movement above the confluence with Alder Creek, the San Bernardino National Forest. The now exist between these units, Mill Creek from the Monte Cristo Creek San Jacinto River is proposed from the including dams, agriculture, and urban confluence downstream to Big Tujunga Sand Canyon confluence downstream to development. Creek, and Alder Creek from the Mule just below the confluence with Indian Fork confluence downstream to Big Creek. The lower 1 km (0.6 mi) of Indian Unit 5: Piru Creek, Ventura and Los Tujunga Creek are proposed (Subunit Creek is also included. Bautista Creek is Angeles Counties B). Arroyo Seco is proposed from the proposed from near the middle of Unit 5 includes Piru Creek and Long Canyon confluence downstream to section 20 (T6S, R2E) downstream to adjacent uplands from the confluence Devil’s Gate Reservoir (Subunit C). near the middle of section 21 (T5S, with Lockwood Creek downstream to Arroyo toads occupy each of these R1E), at the point where the levee starts. Pyramid Reservoir (Subunit A), and drainages. Big Tujunga Creek below the The current status of arroyo toads in this from Piru Gorge downstream to Lake reservoir is an area with high potential unit is poorly known, but there are Piru (Subunit B). Subunit B also for expanding toad numbers through historic records from the 1970s and high includes Agua Blanca Creek from careful management of land use quality habitat still exists in the area. It Devil’s Gateway downstream to the activities and water releases from the is an important area for recovery, being confluence with Piru Creek. The unit dam. the only remaining area in the San encompasses approximately 7,800 ha Jacinto River Basin capable of (19,300 ac), 95 percent of which is Southern Recovery Unit supporting a substantial population. within the Los Padres and Angeles The following 12 critical habitat units Approximately 330 ha (815 ac) of the National Forests, with the remaining on are located in the Southern Recovery Soboba Indian Reservation are included private inholdings. A substantial arroyo Unit for the arroyo toad, as discussed in in this unit. Within the Reservation, toad population occurs in this unit the final recovery plan. Arroyo toads riparian and associated upland habitats (Service 1999). probably occurred in and along the along lower Indian Creek and the San coastal plain portions of all the streams Jacinto River are considered essential Unit 6: Upper Santa Clara River Basin, in this unit, but are now found on the for the conservation of the arroyo toad. Los Angeles County coastal plain only in units 8, 10, 11, and Based on the outcome of discussions Unit 6 includes portions of Castaic 12. The latter two units are largely with the Soboba Tribe, and the results Creek, San Francisquito Creek, the encompassed by Camp Pendleton of our 4(b)(2) analysis, critical habitat on upper Santa Clara River, and adjacent Marine Corps Base. these Tribal lands may be appropriate uplands. The unit encompasses and has been identified in this proposed Unit 8: Santiago Creek, Orange County approximately 13,900 ha (34,300 ac), of rule. which 77 percent is private land and 23 Unit 8 is centered around the percent is within the Angeles National confluence of Santiago, Black Star, and Unit 10: San Juan and Trabuco Creeks, Forest. The proposed portion of Castaic Baker creeks, just above Irvine Lake. Orange and Riverside Counties Creek extends from Cienega Spring The unit encompasses approximately Unit 10 includes portions of San Juan downstream to Castaic Lake (Subunit 1,200 ha (3,000 ac), 95 percent of which Creek, Bell Canyon, Trabuco Creek, and A). A portion of Fish Creek above the is private land and 5 percent is within adjacent uplands. The unit encompasses confluence with Castaic Creek is also the Cleveland National Forest. Black approximately 8,600 ha (21,300 ac), of included in Subunit A. Arroyo toads Star Creek is proposed from near the which 59 percent is private land, 21 occur below Castaic Lake to the southwest corner of Section 30 (T4S, percent is Orange County park land (i.e., confluence of the Santa Clara River R7W) downstream to Santiago Creek. Caspers Wilderness Park and O’Neil (Subunit B). The upper Santa Clara An approximately 3 km (1.9 mi) stretch Regional Park), and 20 percent is on the River is proposed from Bee Canyon of lower Baker Canyon is proposed. Cleveland National Forest. The downstream to the confluence with Portions of the Orange County Central/ proposed portion of San Juan Creek Castaic Creek (Subunit B). San Coastal Natural Community extends from the bottom of Decker Francisquito Creek is proposed from Bee Conservation Planning Act of 1991 Canyon downstream to Interstate 5 Canyon (a different Bee Canyon) to the (NCCP)/HCP planning area fall within (Subunit A). The proposed portion of confluence with the Santa Clara River the unit boundaries, but areas where Bell Canyon extends from just below

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Crow Canyon downstream to the population within this unit is large (D.C. along the San Luis Rey is on Tribal land confluence with San Juan Creek Holland, unpubl. data) and one of the (13 percent on the Pala and 6 percent on (Subunit A). An approximately 8 km (5 few remaining on the coastal plain. the Rincon). The Pala Reservation is in mi) stretch of Trabuco Creek is the middle of the San Luis Rey critical Unit 13: Upper Santa Margarita River proposed, extending downstream from habitat unit. If habitat on the reservation Basin, Riverside and San Diego Counties Falls Canyon (Subunit B). San Juan is lost, the remaining population would Creek supports a large arroyo toad Unit 13 is located above Vail Lake and be highly fragmented and vulnerable to population, which is concentrated includes portions of Temecula Creek, extirpation. Also, land uses on the within Caspers Wilderness Park and Wilson Creek, Arroyo Seco Creek, and stream terrace (primarily agricultural private lands downstream. Trabuco adjacent uplands. The unit encompasses fields) have been more intensive on the Creek is occupied by arroyo toads, but approximately 9,800 ha (24,200 ac), of private lands, particularly in the lower there is little additional information on which 78 percent is private land and 18 end of the unit. Thus, the Tribal lands their distribution and abundance in this percent is within the Cleveland National actually support a greater percentage of drainage. Although habitat has been Forest. Temecula Creek is proposed high quality upland habitat. Based on degraded in the far downstream from Dodge Valley downstream to Vail the outcome of discussions with the portions of San Juan Creek, there is still Lake. Wilson Creek is proposed from Pala and Rincon Indian Tribes, and the high potential for restoration and Lancaster Valley down to Vail Lake, and results of our 4(b)(2) analysis, critical recovery in this area. the Arroyo Seco segment extends from habitat on these Tribal lands may be Crosley Homestead down to Vail Lake. appropriate and has been identified in Unit 11: San Mateo and San Onofre The broad, flat alluvial valleys found in this proposed rule. Basins, San Diego and Orange Counties this unit contain high-quality habitat for Unit 11 includes portions of San arroyo toads, and the species occurs in Unit 15: Upper San Luis Rey Basin, San Mateo, San Onofre, Christianitos, each of the proposed drainages. It is the Diego County Talega, Gabino, and La Paz creeks, and largest and highest quality area of Unit 15 includes the upper San Luis adjacent uplands. The unit encompasses suitable arroyo toad habitat in Riverside Rey River above Lake Henshaw, two of approximately 11,200 ha (27,600 ac), of County. its headwater tributaries, and adjacent which 78 percent is within the Camp uplands. The unit encompasses Unit 14: Lower and Middle San Luis Rey Pendleton Marine Corps Base and 20 approximately 7,400 ha (18,300 ac), of River Basin, San Diego County percent is on private land. The proposed which 68 percent is private land and 32 portion of San Mateo Creek extends Unit 14 includes portions of the San percent is within the Cleveland National from Devils Canyon downstream to Luis Rey River below Lake Henshaw Forest. The upper San Luis Rey River is Interstate 5. The proposed portion of and adjacent uplands, and includes the proposed from the Indian Flats area San Onofre Creek extends lower portion of Keys Creek. The unit downstream to the upper end of Lake approximately 16 km (10 mi) upstream encompasses approximately 13,400 ha Henshaw (Subunit A). Agua Caliente from Interstate 5 and includes portions (33,100 ac), of which 77 percent is Creek is proposed from the western edge of Jardine Canyon. Christianitos Creek is private land and 17 percent is Tribal of section 13 (T10S, R3E) to the proposed from just above Gabino Creek land. The San Luis Rey River is confluence with the San Luis Rey downstream to the confluence with San proposed from the western edge of the (Subunit A). An approximately 2.5 km Mateo Creek. An approximately 5 km La Jolla Indian Reservation downstream (1.6 mi) stretch of the West Fork of the (3.1 mi) stretch of Gabino Creek to the confluence with Guajome Creek San Luis Rey River is proposed where upstream from its confluence with near the city of Oceanside. it runs through Barker Valley (Subunit Christianitos Creek is proposed, Approximately 2.7 km (1.7 mi) of Keys B). Arroyo toads occur in each of these including about 1 km (0.6 mi) of La Paz Creek upstream from the confluence drainages, with the largest concentration Creek. An approximately 7 km (4.4 mi) with the San Luis Rey is also proposed. found along Agua Caliente Creek. This stretch of Talega Creek upstream from This long, low-elevation (all below 305 unit contains an important assemblage its confluence with Christianitos Creek m (1,000 ft) in elevation) unit, situated of several small, disjunct, high-elevation is also proposed. This unit supports a in a broad, flat valley, is prime occupied populations and one large, core large number of arroyo toads (D.C. habitat for arroyo toads. Approximately population in an area where in-stream Holland, unpubl. data) and one of the 1,365 ha (3,375 ac) of the Pala Indian and/or overland dispersal between few remaining populations on the Reservation and 920 ha (2,275 ac) of the populations is probably still possible. coastal plain. Rincon Indian Reservation are included in this unit. Within these reservations, Unit 16: Santa Ysabel Creek, San Diego Unit 12: Lower Santa Margarita River, riparian and associated upland habitats County San Diego County along the San Luis Rey River, Pala Unit 16 includes portions of Santa Unit 12 includes the Santa Margarita Creek, and other tributary streams are Ysabel Creek and adjacent uplands, and River and adjacent uplands, from the considered essential for the includes portions of Santa Maria Creek, lower end of Temecula Canyon to conservation of the arroyo toad. Guejito Creek, and Temescal Creek Interstate 5. It also includes De Luz The San Luis Rey River provides (Pamo Valley). The unit encompasses Creek from the town of De Luz to the important high quality habitat for the approximately 9,500 ha (23,500 ac), of confluence with the Santa Margarita arroyo toad. However, intensive which 76 percent is private land and 20 River and approximately 2.5 km (1.6 mi) urbanization and agriculture near the percent is within the Cleveland National of Roblar Creek above its confluence coast, and dams and water diversions in Forest. Santa Ysabel Creek is proposed with the Santa Margarita River. The unit the upper end, have greatly reduced from Sutherland Reservoir downstream encompasses approximately 9,800 ha habitat quality in the upper and lower to the western boundary of the (24,200 ac), of which 74 percent is portions of this drainage, leaving only Cleveland National Forest near Boden within either the Camp Pendleton the middle stretch of the river with any Canyon (which is the eastern boundary Marine Corps Base or the Fallbrook remaining high quality, occupied toad of the San Diego MSCP area) (Subunit Naval Weapons Station and 25 percent habitat. Approximately 19 percent of the A). Approximately 7 km (4.3 mi) of is on private land. The arroyo toad identified remaining suitable habitat Temescal Creek is proposed from the

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36521 northern edge of Pamo Valley to the spatial scale at which these units were Unit 19: Cottonwood Creek Basin, San confluence with Santa Ysabel Creek mapped. Thus, Tribal lands on the Diego County (Subunit A). Approximately 12 km (7.5 Barona Indian Reservation are not Unit 19 includes portions of mi) of Guejito Creek is proposed from considered essential to conserve the Cottonwood Creek, adjacent uplands, the 610 m (2,000 ft) elevation contour toad and are not being proposed for and portions of the following tributaries: downstream to the San Diego MSCP critical habitat. Because of the short Potrero Creek, Pine Valley Creek, Scove boundary near San Pasqual Valley time-line associated with this proposal, Canyon, Morena Creek, La Posta Creek, (Subunit B). Approximately 10 km (6 we were unable to accurately remove and Kitchen Creek. The unit, which is mi) of Santa Maria Creek is proposed this area from the proposed critical the largest proposed, encompasses from the west side of Ramona to the San habitat boundaries. approximately 18,000 ha (44,500 ac), of Diego MSCP boundary near San Pasqual which 54 percent is within the Valley (Subunit C). Arroyo toads occur Unit 18: Sweetwater River Basin, San Cleveland National Forest and 34 in each of these drainages, with a Diego County percent is private land. Two disjunct particularly substantial concentration in portions of Cottonwood Creek are Pamo Valley. This unit provides an Unit 18 includes portions of the proposed: From Buckman Springs (near important linkage to a substantial arroyo Sweetwater River, Peterson Canyon, Interstate 8) downstream to Morena toad population in San Pasqual Valley Viejas Creek, and adjacent uplands. The Reservoir including approximately 13 that occurs within the San Diego MSCP unit encompasses approximately 11,410 km (8.1 mi) of La Posta Creek, 6 km (3.7 area. ha (28,200 ac), of which 52 percent is mi) of Morena Creek, and 2.5 km (1.6 private land, 22 percent is on California Unit 17: San Diego River/San Vicente mi) of Kitchen Creek (Subunit A). Creek, San Diego County State Park land, 17 percent is within the Subunit B extends from approximately Cleveland National Forest, and 6 4 km (2.5 mi) below Morena Reservoir Unit 17 includes portions of the San percent is on the San Diego National Diego River and San Vicente Creek and downstream to State Highway 94 Wildlife Refuge. Three disjunct portions adjacent uplands. The unit encompasses (excluding Barrett Reservoir) and of the Sweetwater River are proposed: approximately 5,100 ha (12,600 ac), of Potrero Creek from approximately the which 65 percent is private land and 22 from the top of Upper Green Valley in 752 m (2,466 ft) elevation benchmark percent is within the Cleveland National Cuyamaca Rancho State Park downstream to the confluence with Forest. Subunit A includes the San downstream to the San Diego MSCP Cottonwood Creek. Two disjunct Diego River from Ritchie Creek area boundary (Subunit A), an portions of Pine Valley Creek are downstream to the upper edge of El approximately 1-km (0.6-mi) segment proposed: From the north edge of Capitan Reservoir (including immediately above Loveland Reservoir section 12 (T15S, R4E) downstream to approximately 1 km (0.6 mi) of lower that is outside the MSCP area boundary approximately 1 km (0.6 mi) south of Cedar Creek) and San Vicente Creek (Subunit B), and from immediately Interstate 8 including approximately 4 from the eastern end of San Diego below Loveland Dam downstream to the km (2.5 mi) of Scove Canyon and 1 km Country Estates downstream to where upper edge of Sweetwater Reservoir (0.6 mi) of Noble Creek (Subunit C) and the creek crosses Wildcat Canyon Road (Subunit C). Peterson Canyon is from the Nelson Canyon confluence (the MSCP area boundary). Subunit B proposed from just east of the Taylor downstream to Barrett Reservoir extends from El Capitan Reservoir to El Creek confluence downstream to the top (Subunit D). Approximately 170 ha (425 Monte County Park. Subunit C extends of Loveland Reservoir (Subunit A). ac) of the La Posta Indian Reservation from approximately 2 km (1.2 mi) below Viejas Creek is proposed from the are included in this unit. Within the El Monte County Park downstream to western end of Viejas Valley Reservation, riparian and associated the confluence with San Vicente Creek. downstream to the Congressional upland habitats along La Posta Creek are considered essential for the The upper San Diego River and San boundary of the Cleveland National Vicente Creek are both occupied by conservation of the arroyo toad. Based Forest (which is the eastern boundary of arroyo toads. This unit also provides an on the outcome of discussions with the the San Diego MSCP area) (Subunit A). important linkage to populations La Posta Tribe, and the results of our occurring within the San Diego MSCP All of the drainages included in this 4(b)(2) analysis, critical habitat on these area. Approximately 360 ha (900 ac) of unit support arroyo toads. The unit Tribal lands may be appropriate and has the Capitan Grande Indian Reservation provides an important linkage to been identified in this proposed rule. are included in this unit. Within the populations on the lower Sweetwater This unit encompasses a large number Reservation, riparian and associated River, which occur within the San Diego of distinct arroyo toad occurrences in an upland habitats along the upper San MSCP area. Approximately 185 ha (460 area where in-stream and/or overland Diego River above El Capitan Lake are ac) of the Sycuan Indian Reservation dispersal between populations is considered essential for the and 100 ha (250 ac) of the Viejas Indian probably still possible. It also provides conservation of the arroyo toad. Based Reservation are included in this unit. an important linkage to populations on the outcome of discussions with the Within the reservations, riparian and occurring within the San Diego MSCP Barona and Viejas Indian Tribes (which associated upland habitats along Viejas area. jointly govern the Capitan Grande Creek (Viejas Reservation) and the lower Desert Recovery Unit Reservation), and the results of our part of Sycuan Creek (Sycuan 4(b)(2) analysis, critical habitat on these Reservation) are considered essential for The following four critical habitat Tribal lands may be appropriate and has the conservation of the arroyo toad. units are in the Desert Recovery Unit as been identified in this proposed rule. Based on the outcome of discussions described in the final recovery plan. Approximately 190 acres of the Barona with the Viejas and Sycuan Indian Each of these units is isolated from each Indian Reservation south of San Vicente Tribes, and the results of our 4(b)(2) other and from any other units, making Creek are also included in this unit. the issues of inbreeding, fragmentation, analysis, critical habitat on these Tribal These acres are not considered to be and random negative impacts of great lands may be appropriate and has been high-quality arroyo toad habitat; they lie concern. Sufficient habitat needs to be identified in this proposed rule. within the unit boundary because of the secured and managed so that threats are

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36522 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules reduced and each population can Unit 21: Upper Mojave River Basin, San Horsethief Canyon is proposed from increase in size. Bernardino County Little Horsethief Creek to the confluence with the West Fork of the Mojave River. Unit 20: Little Rock Creek, Los Angeles Unit 21 includes portions of the Little Horsethief Creek is proposed from County Mojave River, the West Fork of the approximately the western edge of Mojave River, Horsethief and Little section 28 (T3N, R5W) downstream to Unit 20 includes approximately 5 km Horsethief creeks, Deep Creek, and (3.1 mi) of Little Rock Creek below Little the confluence with Horsethief Creek. adjacent uplands. The unit encompasses Summit Valley, through which Rock Reservoir (Subunit A) and from approximately 14,200 ha (35,100 ac), of Horsethief Creek flows, to and the South Fork confluence downstream which 26 percent is within the San downstream of the confluence with the to Little Rock Reservoir (Subunit B). Bernardino National Forest, 56 percent West Fork, is a broad, flat, alluvial Also included in Subunit B is an is private land, and 9 percent is U.S. valley that supports large numbers of approximately 1.5 km (0.9 mi) segment Army Corps of Engineers-managed land arroyo toads (Ramirez 1999). It is of Santiago Creek upstream of the associated with the flood control probably the largest concentration of confluence with Little Rock Creek and reservoir. Two separate segments of the arroyo toads on the desert side of the adjacent uplands. The unit encompasses Mojave River are proposed: (1) From mountains. approximately 3,000 ha (7,400 ac), of Mojave River Forks Dam downstream which 79 percent is within the Angeles approximately 4 km (2.5 mi) and (2) Unit 22: Whitewater River, Riverside National Forest and 20 percent is from approximately 2 km (1.2 mi) County private land. A substantial arroyo toad southeast of the Upper Narrows (section Unit 22 includes portions of the population occurs in this unit, in which 14, T5N, R4W) downstream to Whitewater River and adjacent uplands, the management of recreational approximately 6 km (3.7 mi) below the from near Red Dome downstream to activities has recently changed. Studies Lower Narrows (section 13, T6N, R5W). one-quarter mile south of Interstate 10. are currently under way to better The West Fork is proposed from near The unit encompasses approximately determine the distribution of the the 1462 m (3,613 ft) elevation 2,400 ha (5,900 ac), of which 56 percent population along the creek and to assess benchmark downstream to the is BLM land and 44 percent is private upland habitat use (Ramirez 2000). confluence with Deep Creek (excluding land. The current status of arroyo toads Silverwood Lake). Deep Creek is in this unit is poorly known, but recent proposed from near Devil’s Hole to the sightings have occurred and high- confluence with the West Fork. quality habitat still exists in the area.

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36523 ac) (27,480 ac) (69,387 ac) (38,545 ac) (42,326 ac) (35,089 ac) (28,449 ac) (213,963 ac) (478,419 ac) 28,080 ha 15,599 ha 17,128 ha 14,200 ha 11,514 ha 86,591 ha 193,616 ha (34,719 ac). (24,920 ac). ac). ac). ac). (106,066 ac). (228,745 ac). 42,924 ha 92,572 ha WNERSHIP ... 8,120 ha (20,066 ... 546 ha (1,350 ac) 11,121 ha O AND L ac). ac). 0 ...... 8,431 ha (20,833 3,100 ha (7,660 3,430 ha (8,475 OUNTY AND C BY ) AC ( ac). ac). ac). 0 ...... 0 ...... 218 ha (539 ac) .. 9,126 ha (22,552 4,436 ha (10,960 7,267 ha (17,955 816 ha (2,016 ac) 0 ...... 7,943 ha (19,627 CRES 13 ...... 0 ...... 0 ...... 253 ha (625 ac) .. 253 ha (625 ac) ) (A HA ( ac). (39,344 ac). (64,499 ac). ac). ECTARES H ABITAT IN H 0 ...... 0 ...... 103 ha (255 ac) .. 330 ha (815 ac)723 ha (1,787 ac) .. 15,922 ha 10,085 ha 723 ha (1,787 ac) 26,103 ha RITICAL C ac). (3,519ac). ac). 0 ...... 0 ...... 0 ...... 0 ...... 0 ...... 58 ha (143 ac) 0 ...... 0 0 ...... 0 ...... 496 ha (1,225 ac) 0 0 ...... 0 ...... 0 58 ha (143 ac) ...... 1,949 ha (4,817 .... 1,221 ha (3,017 0 ...... 0 14,050 ha ...... 0 ...... 1,424 ha 51 ha (125 ac) .... 1,854 ha (4,581 3,927 ha (9,704 [Area estimates reflect critical habitat unit boundaries, not the primary constituent elements within] PPROXIMATE 2.ÐA ac). (26,130 ac). (34,382 ac). ac). ac). ac). (44,631 ac). (147,255 ac). ABLE T County Forest service BLM FWS Military State/Local Tribal Private Total Monterey ...... 0 ...... San Luis Obispo ...... 0Santa Barbara 0 ...... 0 9,008 ha (22,260 0 ...... Ventura ...... 8,908 ha (22,0 0 10,575 ha ...... Los Angeles 0 ...... 13,914 ha San Bernardino ...... 3,725 ha (9,204 Riverside ...... 3,132 ha (7,738 Orange ...... 1,178 ha (2,910 San Diego ...... 18,062 ha Total ...... 59,594 ha

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Effects of Critical Habitat Designation Federal agency’s legal authority and not federally funded, authorized, or jurisdiction, that are economically and permitted do not require section 7 Section 7 Consultation technologically feasible, and that the consultation. Section 7(a)(2) of the Act requires Director believes would avoid the Section 4(b)(8) of the Act requires us Federal agencies, including the Service, likelihood of jeopardizing the continued to briefly evaluate and describe in any to ensure that actions they fund, existence of listed species or result in proposed or final regulation that authorize, or carry out do not destroy or the destruction or adverse modification designates critical habitat those adversely modify critical habitat to the of critical habitat. activities involving a Federal action that extent that the action appreciably Reasonable and prudent alternatives may destroy or adversely modify such diminish the value of the critical habitat can vary from slight project habitat, or that may be affected by such for the survival and recovery of the modifications to extensive redesign or designation. Activities that may destroy species. Individuals, organizations, relocation of the project. Costs or adversely modify critical habitat States, local governments, and other associated with implementing a include those that appreciably reduce non-Federal entities are affected by the reasonable and prudent alternative are the value of critical habitat for both the designation of critical habitat only if similarly variable. survival and recovery of the arroyo toad. their actions occur on Federal lands, Regulations at 50 CFR 402.16 require Within critical habitat, this pertains require a Federal permit, license, or Federal agencies to reinitiate only to those areas containing the other authorization, or involve Federal consultation on previously reviewed primary constituent elements. We note funding. actions in instances where critical that such activities may also jeopardize Section 7(a) of the Act requires habitat is subsequently designated and the continued existence of the species. Federal agencies, including the Service, the Federal agency has retained To properly portray the effects of to evaluate their actions with respect to discretionary involvement or control critical habitat designation, we must any species that is proposed or listed as over the action or such discretionary first compare the section 7 requirements endangered or threatened and with involvement or control is authorized by for actions that may affect critical respect to its critical habitat, if any is law. Consequently, some Federal habitat with the requirements for designated or proposed. Regulations agencies may request reinitiation of actions that may affect a listed species. implementing this interagency consultation or conference with us on Section 7 prohibits actions funded, cooperation provision of the Act are actions for which formal consultation authorized, or carried out by Federal codified at 50 CFR part 402. Section has been completed, if those actions agencies from jeopardizing the 7(a)(4) of the Act requires Federal may affect designated critical habitat or continued existence of a listed species agencies to confer with us on any action adversely modify or destroy proposed or destroying or adversely modifying the that is likely to jeopardize the continued critical habitat. Conference reports assist listed species’ critical habitat. Actions existence of a proposed species or result the agency in eliminating conflicts that likely to ‘‘jeopardize the continued in destruction or adverse modification may be caused by the proposed action, of proposed critical habitat. Conference and may include recommendations on existence’’ of a species are those that reports provide conservation actions to eliminate conflicts with or would appreciably reduce the recommendations to assist the agency in adverse modifications to proposed likelihood of the species’ survival and eliminating conflicts that may be caused critical habitat. The conservation recovery. Actions likely to ‘‘destroy or by the proposed action. The recommendations in a conference report adversely modify’’ critical habitat are conservation recommendations in a are advisory. those that would appreciably reduce the conference report are advisory. If a We may issue a formal conference value of critical habitat for the survival species is listed or critical habitat is report if requested by a Federal agency. and recovery of the listed species. designated, section 7(a)(2) requires Formal conference reports on proposed Common to both definitions is an Federal agencies to ensure that activities critical habitat contain an opinion that appreciable detrimental effect on both they authorize, fund, or carry out are not is prepared according to 50 CFR 402.14, survival and recovery of a listed species. likely to jeopardize the continued as if critical habitat were designated. We Given the similarity of these definitions, existence of such a species or to destroy may adopt the formal conference report actions likely to destroy or adversely or adversely modify its critical habitat. as the biological opinion when the modify critical habitat would almost If a Federal action may affect a listed critical habitat is designated, if no always result in jeopardy to the species species or its critical habitat, the substantial new information or changes concerned, particularly when the area of responsible Federal agency (action in the action alter the content of the the proposed action is occupied by the agency) must enter into consultation opinion (see 50 CFR 402.10(d)). species concerned. Designation of with us. Through this consultation, we Activities on Federal lands that may critical habitat in areas occupied by the would ensure that the permitted actions affect the arroyo toad or its critical arroyo toad is not likely to result in a do not destroy or adversely modify habitat will require section 7 regulatory burden above that already in critical habitat. consultation. Activities on private or place due to the presence of the listed When we issue a biological opinion State lands requiring a permit from a species. concluding that a project is likely to Federal agency, such as a permit from Designation of critical habitat could result in the destruction or adverse the Army Corps under section 404 of the affect Federal agency activities. Federal modification of critical habitat, we also Clean Water Act, a section 10(a)(1)(B) agencies already consult with us on provide reasonable and prudent permit from the Service, or some other activities in areas currently occupied by alternatives to the project, if any are Federal action, including funding (e. g., the species to ensure that their actions identifiable. ‘‘Reasonable and prudent Federal Highway Administration or do not jeopardize the continued alternatives’’ are defined at 50 CFR Federal Emergency Management existence of the species. These actions 402.02 as alternative actions identified Agency) will also continue to be subject include, but are not limited to: during consultation that can be to the section 7 consultation process. (1) Regulation of activities affecting implemented in a manner consistent Federal actions not affecting listed waters of the United States by the Army with the intended purpose of the action, species or critical habitat and actions on Corps under section 404 of the Clean that are consistent with the scope of the non-Federal and private lands that are Water Act;

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(2) Regulation of water flows, conservation of the arroyo toad were specific lands within the boundaries of damming, diversion, and channelization identified as preserve areas and are the plans that are essential for the long- by any Federal agencies; managed for the benefit of the arroyo term conservation of the species. We (3) Road construction and toad under the terms of the MSCP. believe and fully expect that our maintenance, right-of-way designation, Therefore, with one exception, we have analyses of proposed HCPs and and regulation of agricultural activities determined that non-Federal lands proposed projects under section 7 will on Federal lands (such as those within MSCP planning areas that have show that covered activities carried out managed by the Service, Forest Service, an approved plan and an executed in accordance with the provisions of the DOD, or BLM); implementation agreement, approved as HCPs and biological opinions will not (4) Regulation of grazing, mining, and of the date of this rule, do not meet the result in destruction or adverse recreation by the BLM, DOD, Army definition of critical habitat in the Act, modification of critical habitat. Corps, or Forest Service; and we are not proposing designation of We provide technical assistance and (5) Regulation of airport improvement such lands as critical habitat. The work closely with applicants throughout activities by the Federal Aviation exception concerns the reach of the the development of HCPs to identify Administration; Sweetwater River between Loveland lands essential for the long-term (6) Military training and maneuvers and Sweetwater Reservoirs that is conservation of the arroyo toad and on Fort Hunter Liggett, Camp Pendleton, within the County of San Diego’s MSCP appropriate conservation and and other applicable DOD lands; plan. This area is affected by activities management actions. Several HCP (7) Construction of roads and fences (e.g., reservoir water transfers) that are efforts are currently under way that along the international border with outside the authority of the approved address listed and nonlisted species in Mexico, and associated immigration County’s MSCP plan. Therefore, we areas within the range of the arroyo toad enforcement activities by the have included this limited reach of the and in areas we propose as critical Immigration and Naturalization Service Sweetwater River as critical habitat. habitat. These HCPs, which will (INS); The arroyo toad has been identified as incorporate appropriate adaptive (8) Licensing of construction of a ‘‘conditionally covered’’ species by the management, should provide for the communication sites by the Federal Orange County Central/Coastal conservation of the species. Communications Commission, and; Subregion NCCP/HCP. ‘‘Conditional Furthermore, we will be doing intra- (9) Funding of activities by the U.S. coverage’’ allows projects to proceed service consultation on the impacts of Environmental Protection Agency, within the Central/Coastal subregion these HCPs on designated critical Department of Energy, Federal that will impact ‘‘smaller populations habitat and determining whether it Emergency Management Agency, (except for the lower Limestone Creek would destroy or adversely modify Federal Highway Administration, or any population), reintroduced populations, critical habitat. We are soliciting other Federal agency. or populations that have expanded due comments on whether future approval Relationship to Habitat Conservation to NCCP reserve management’’ (pg. 94, of HCPs and issuance of section Plans Orange County Central/Coastal NCCP/ 10(a)(1)(B) permits for the arroyo toad HCP IA, Section 8.3.2). However, should trigger revision of designated A number of habitat conservation ‘‘habitat that supports a major arroyo critical habitat to exclude lands within planning efforts have been completed toad population that plays an essential the HCP area and, if so, by what within the range of the arroyo toad. role in the distribution of the arroyo mechanism (see Public Comments Principal among these are the NCCP toad in the subregion is not covered’’ Solicited section). efforts in San Diego and Orange (pg. 94, Orange County Central/Coastal If you have questions regarding counties. The San Diego MSCP, and its NCCP/HCP IA, Section 8.3.2). We are whether specific activities will approved subarea plans, provide not proposing designation of critical constitute adverse modification of measures to conserve known habitat in the Orange County Central/ critical habitat, contact the Field populations of the arroyo toad within Coastal NCCP/HCP planning area where Supervisor, Ventura or Carlsbad Fish Santa Ysabel Creek in San Pasqual take has been authorized. and Wildlife Offices (see ADDRESSES Valley, San Vicente Creek above San Habitat conservation plans currently section). Requests for copies of the Vicente Reservoir, Sweetwater River, under development are intended to regulations on listed wildlife, and Otay River, and Cottonwood Creek in provide for protection and management inquiries about prohibitions and permits Marron Valley. Area-specific of habitat areas essential for the may be addressed to the U.S. Fish and management directives for MSCP conservation of the arroyo toad, while Wildlife Service, Branch of Endangered subarea plans must address the directing development and habitat Species, 911 N.E. 11th Ave, Portland, conservation of the arroyo toad by modification to nonessential areas of OR 97232 (telephone 503/231–2063; protecting and maintaining sufficient, lower habitat value. The HCP facsimile 503/231–6243). suitable low-gradient sandy stream development process provides an habitat to meet breeding requirements, opportunity for more intensive data Economic Analysis preserving sheltering and foraging collection and analysis regarding the Section 4(b)(2) of the Act requires us habitats within 1 km (0.6 mi) of use of particular habitat areas by the to designate critical habitat on the basis occupied breeding habitat within arroyo toad. The process also enables us of the best scientific and commercial designated preserve lands, controlling to conduct detailed evaluations of the information available, and to consider nonnative predators, and controlling importance of such lands to the long- the economic and other relevant human impacts within designated term survival of the species in the impacts of designating a particular area preserves. Incidental take of arroyo context of constructing a biologically as critical habitat. We may exclude areas toads is authorized through the MSCP, configured system of interlinked habitat from critical habitat upon a but only for certain upland areas outside blocks. We fully expect that HCPs determination that the benefits of such of U.S. Army Corps of Engineers undertaken by local jurisdictions (e.g., exclusions outweigh the benefits of jurisdiction. counties, cities) and other parties will specifying such areas as critical habitat. All lands within the MSCP planning identify, protect, and provide We cannot exclude such areas from areas considered essential to the appropriate management for those critical habitat when such exclusion

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Assuming that we conclude, draft economic analysis with a notice in approaches for critical habitat at the time an HCP is approved and the the Federal Register, and we will designation in areas covered by existing associated incidental take permit is reopen the comment period 30 days at approved HCPs: issued, that the plan protects those areas that time to accept comments on the (1) Designate critical habitat without essential to the conservation of the economic analysis or further comments regard to existing HCP boundaries and arroyo toad, we would revise the critical on the proposed rule. allow the section 7 consultation process habitat designation to exclude areas on the issuance of the incidental take outside the reserves, preserves, or other Public Comments Solicited permit to ensure that any take we conservation lands established under We intend that any final action authorized will not destroy or adversely the plan. Consistent with our listing resulting from this proposal will be as modify critical habitat; program priorities, we would publish a accurate and as effective as possible. (2) Designate as critical habitat proposed rule in the Federal Register to Therefore, we solicit comments or reserves, preserves, and other revise the critical habitat boundaries; suggestions from the public, other conservation lands identified by (3) As in (2) above, retain only concerned governmental agencies, the approved HCPs on the premise that they preserve lands within the critical habitat scientific community, industry, or any encompass areas that are essential to designation, on the premise that they other interested party concerning this conservation of the species within the encompass areas essential for proposed rule. We particularly seek HCP area and will continue to require conservation of the species within the comments concerning: special management protection in the HCP area and require special (1) The reasons why any habitat future. Under this approach, all other management and protection in the should or should not be determined to lands covered by existing approved future. However, under this approach, be critical habitat for the arroyo toad as HCPs where incidental take for the the exclusion of areas outside the provided by section 4 of the Act, arroyo toad is authorized under a legally preserve lands from critical habitat including whether the benefits of operative permit pursuant to section would occur automatically upon designation will outweigh any threats to 10(a)(1)(B) of the Act would be excluded issuance of the incidental take permit. the species due to designation; from critical habitat. The public would be notified and have (2) Specific information on the The amount of critical habitat we the opportunity to comment on the distribution of the arroyo toad, the designate for the arroyo toad in a final boundaries of the preserve lands and the amount and distribution of its habitat, rule may either increase or decrease, revision of designated critical habitat and what habitat is essential to the depending upon which approach we during the public review and comment conservation of the species and why; adopt for dealing with designation in process for HCP approval and (3) Land use practices and current or areas of existing approved HCPs. permitting; planned activities in the subject areas Additionally, we are also seeking (4) Remove designated critical habitat and their possible impacts on proposed comments on critical habitat entirely from within the boundaries of critical habitat; designation relative to future HCPs. an HCP when the plan is approved (4) Any foreseeable economic or other Several conservation planning efforts (including preserve lands), on the impacts resulting from the proposed are now under way within the range of premise that the HCP establishes long- designation of critical habitat, in the arroyo toad, and other listed and term commitments to conserve the particular, any impacts on small entities nonlisted species, in areas we are species, and no additional special or families; and proposing as critical habitat. For areas management or protection is required. (5) Economic and other values where HCPs are currently under This exclusion from critical habitat associated with designating critical development, we are proposing to would occur automatically upon habitat for the arroyo toad, such as those designate critical habitat for areas that issuance of the incidental take permit. derived from nonconsumptive uses (e.g., we believe are essential to the The public would be notified and have hiking, camping, bird-watching, conservation of the species and need the opportunity to comment on the enhanced watershed protection, special management or protection. We revision of designated critical habitat improved air quality, increased soil invite comments on the appropriateness during the public notification process retention, ‘‘existence values,’’ and of this approach. for HCP approval and permitting; or reductions in administrative costs). In addition, we invite comments on (5) Remove designated critical habitat In this proposed rule, we do not the following, or other approaches, for entirely from within the boundaries of propose to designate critical habitat on addressing critical habitat within the an HCP when the plan is approved non-Federal and private lands within boundaries of future approved HCPs (including preserve lands), on the the boundaries of any existing HCP and upon issuance of section 10(a)(1)(B) premise that the HCP establishes long- subarea plan with an executed permits for the arroyo toad: term commitments to conserve the Implementation Agreement and permit (1) Retain critical habitat designation species, and no further special for arroyo toads approved under section within the HCP boundaries and use the management or protection is required. 10(a)(1)(B) of the Act on or before the section 7 consultation process on the Consistent with our listing program date of the final rule designating critical issuance of the incidental take permit to priorities, we would publish a proposed habitat for the toad. We believe that, ensure that any take we authorize will rule in the Federal Register to revise the since an existing HCP provides for long- not destroy or adversely modify critical critical habitat boundaries. term commitments to conserve the habitat; Our practice is to make comments, species and areas essential to the (2) Revise the critical habitat including names and home addresses of conservation of the arroyo toad, such designation upon approval of the HCP respondents, available for public review areas do not meet the definition of and issuance of the section 10(a)(1)(B) during regular business hours.

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Individual respondents may request that determination by January 1, 2001, we rule and has been reviewed by the we withhold their home address from have scheduled two public hearings. Office of Management and Budget the rulemaking record, which we will The hearings are scheduled to be held (OMB), under Executive Order 12866. honor to the extent allowable by law. In in Valencia, California, on June 27, (a) This rule will not have an annual 2000, and in Temecula, California, on some circumstances, we would economic effect of $100 million or more withhold from the rulemaking record a June 29, 2000. Written comments or adversely affect an economic sector, respondent’s identity, as allowable by submitted during the comment period productivity, jobs, the environment, or law. If you wish us to withhold your are considered to be of equal weight as name and/or address, you must state comments presented at a public hearing. other units of government. The arroyo this prominently at the beginning of For additional information on public toad was listed as an endangered your comment. However, we will not hearings, see the ADDRESSES section. species in 1994. In fiscal years 1994 consider anonymous comments. We Anyone wishing to make an oral through 1999, the Ventura and Carlsbad will make all submissions from statement for the record is encouraged Fish and Wildlife Offices conducted 27 organizations or businesses, and from to provide a written copy of their and 55, respectively, formal section 7 individuals identifying themselves as statement and present it to us at the consultations with other Federal representatives or officials of hearing. In the event of large attendance, agencies to ensure that their actions organizations or businesses, available the time allotted for oral statements may would not jeopardize the continued for public inspection in their entirety. be limited. Oral and written statements existence of the arroyo toad. receive equal consideration. There are Under the Act, critical habitat may Peer Review no limits to the length of written not be adversely modified by a Federal In accordance with our policy comments presented at the hearing or agency action; critical habitat does not published in the Federal Register on mailed to us. Legal notices announcing impose any restrictions on non-Federal July 1, 1994 (59 FR 34270), we will seek the date, time, and location of the the expert opinions of at least three hearings are published in the ADDRESSES persons unless they are conducting appropriate and independent specialists section of this Federal Register notice. activities funded or otherwise sponsored, authorized, or permitted by regarding this proposed rule. The Clarity of the Rule purpose of such review is to ensure a Federal agency. Section 7 requires listing decisions are based on Executive Order 12866 requires each Federal agencies to ensure that they do scientifically sound data, assumptions, agency to write regulations/notices that not jeopardize the continued existence and analyses. We will send these peer are easy to understand. We invite your of the species. Based upon our reviewers copies of this proposed rule comments on how to make proposed experience with the species and its immediately following publication in rules easier to understand including needs, we conclude that any Federal the Federal Register. We will invite answers to questions such as the action or authorized action that could these peer reviewers to comment, following: (1) Are the requirements in potentially cause an adverse during the public comment period, on the document clearly stated? (2) Does modification of the proposed critical the proposed rule contain technical the specific assumptions and habitat would currently be considered language or jargon that interferes with conclusions regarding the proposed as ‘‘jeopardy’’ under the Act (see Table designation of critical habitat. the clarity? (3) Does the format of the proposed rule (grouping and order of 3). Accordingly, the designation of We will consider all comments and currently occupied areas as critical information received during the 60-day sections, use of headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the habitat does not have any incremental comment period on this proposed rule impacts on what actions may or may not during preparation of a final description of the proposed rule in the SUPPLEMENTARY INFORMATION section of be conducted by Federal agencies or rulemaking. Accordingly, the final non-Federal persons that receive decision may differ from this proposal. the preamble helpful in understanding the proposed rule? What else could we Federal authorization or funding. Non- Public Hearings do to make the proposed rule easier to Federal persons that do not have a The Act provides for one or more understand? Federal ‘‘sponsorship’’ of their actions are not restricted by the designation of public hearings on this proposal, if Required Determinations requested. Given the large geographic critical habitat (however, they continue extent covered by this proposal, the Regulatory Planning and Review to be bound by the provisions of the Act high likelihood of multiple requests, In accordance with Executive Order concerning ‘‘take’’ of the species). and the need to publish the final 12866, this document is a significant

TABLE 3.ÐIMPACTS OF ARROYO TOAD LISTING AND CRITICAL HABITAT DESIGNATION

Additional activities potentially Categories of activi- 1 ties Activities potentially affected by species listing only affected by critical habitat des- ignation 2

Federal Activities Po- Removing, degrading, or destroying arroyo toad habitat (as defined in the primary None. tentially Affected 3. constituent elements discussion), whether by activities such as road construction, grading, and maintenance; fencing; off-road vehicle use; airport improvement activi- ties; road right-of-way designation; overgrazing; mining activities including suction dredging; recreational activities including development of campgrounds; changes in long and short-term water flows including damming, diversion, alteration by agri- culture and urbanization, and channelization; military training and maneuvers; li- censing for construction of communication sites; chemical, or other means including herbicide or pesticide application, etc.); and appreciably decreasing habitat value or quality through indirect effects (edge effects, invasion of exotic plants or animals, or fragmentation that the Federal Government carries out.

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TABLE 3.ÐIMPACTS OF ARROYO TOAD LISTING AND CRITICAL HABITAT DESIGNATIONÐContinued

Additional activities potentially Categories of activi- 1 ties Activities potentially affected by species listing only affected by critical habitat des- ignation 2

Private Activities Po- Removing, degrading, or destroying arroyo toad habitat (as defined in the primary None. tentially Affected 4. constituent elements discussion), whether by activities such as road construction, grading, and maintenance; fencing; off-road vehicle use; airport improvement activi- ties; road right-of-way designation; overgrazing; mining activities including suction dredging; recreational activities including development of campgrounds; changes in long and short-term water flows including damming, diversion, alteration by agri- culture and urbanization, and channelization; military training and maneuvers; li- censing for construction of communication sites; chemical, or other means including herbicide or pesticide application, etc.); and appreciably decreasing habitat value or quality through indirect effects (edge effects, invasion of exotic plants or animals, or fragmentation) that require a Federal action (permit, authorization, or funding). 1 This column represents the activities potentially affected by listing the arroyo toad as an endangered species (December 16, 1994 (59 FR 64859) under the Endangered Species Act. 2 This column represents the activities potentially affected by the critical habitat designation in addition to those activities potentially affected by listing the species. 3 Activities initiated by a Federal agency. 4 Activities initiated by a private entity that may need Federal authorization or funding.

(b) This rule will not create Tribal, State, and local governments, contract, grant, permit, or other Federal inconsistencies with other agencies’ and private property. authorization. As discussed above, these actions. As discussed above, Federal Within these areas, the types of actions are currently required to comply agencies have been required to ensure Federal actions or authorized activities with the listing protections of the Act, that their actions do not jeopardize the that we have identified as potential and the designation of occupied areas as continued existence of the arroyo toad concerns are: critical habitat is not anticipated to have since the listing in 1994. The (1) Regulation of activities affecting any additional effects on these prohibition against adverse modification waters of the United States by the Army activities. of critical habitat is not expected to Corps under section 404 of the Clean For actions on non-Federal property impose any additional restrictions to Water Act; that do not have a Federal connection those that currently exist in occupied (2) Regulation of water flows, (such as funding or authorization), the areas of proposed critical habitat. damming, diversion, and channelization current restrictions concerning take of (c) This rule will not materially affect by any Federal agencies; the species remain in effect, and this entitlements, grants, user fees, loan (3) Road construction and rule will have no additional restrictions. programs, or the rights and obligations maintenance, right-of-way designation, Small Business Regulatory Enforcement of their recipients. Federal agencies are and regulation of agricultural activities Fairness Act (5 U.S.C. 804(2)) currently required to ensure that their on Federal lands (such as those activities do not jeopardize the managed by the Service, Forest Service, In the economic analysis, we will continued existence of the species, and, DOD, or BLM); determine whether designation of as discussed above, we do not anticipate (4) Regulation of grazing, mining, and critical habitat will cause (a) any effect that the adverse modification recreation by the BLM, Department of on the economy of $100 million or prohibition (resulting from critical Defense, Army Corps, or Forest Service; more; (b) any increases in costs or prices habitat designation) will have any (5) Regulation of airport improvement for consumers, individual industries, incremental effects in areas of occupied activities by the Federal Aviation Federal, State, or local government habitat. Administration; agencies, or geographic regions; or (c) (d) This rule will not raise novel legal (6) Military training and maneuvers any significant adverse effects on or policy issues. The proposed rule on Fort Hunter Liggett, Camp Pendleton, competition, employment, investment, follows the requirements for and other applicable DOD lands; productivity, innovation, or the ability determining critical habitat contained in (7) Construction of roads and fences of U.S.-based enterprises to compete the Act. along the international border with with foreign-based enterprises. As Mexico, and associated immigration discussed above, we anticipate that the Regulatory Flexibility Act (5 U.S.C. 601 enforcement activities by the INS; designation of critical habitat will not et seq.) (8) Licensing of construction of have any additional effects on these In the economic analysis (under communication sites by the Federal activities in areas of critical habitat section 4 of the Act), we will determine Communications Commission, and; occupied by the species. whether designation of critical habitat (9) Funding of activities by the U.S. will have a significant effect on a Environmental Protection Agency, Unfunded Mandates Reform Act (2 substantial number of small entities. As Department of Energy, Federal U.S.C. 1501 et seq.) discussed under Regulatory Planning Emergency Management Agency, In accordance with the Unfunded and Review above, this rule is not Federal Highway Administration, or any Mandates Reform Act (2 U.S.C. 1501 et expected to result in any restrictions in other Federal agency. seq.): addition to those currently in existence Many of the activities sponsored by (a) This rule will not ‘‘significantly or for areas of occupied critical habitat. As Federal agencies within the proposed uniquely’’ affect small governments. A indicated on Table 2 (see Proposed critical habitat areas are carried out by Small Government Agency Plan is not Critical Habitat Designation section), we small entities (as defined by the required. Small governments will be designated property owned by Federal, Regulatory Flexibility Act) through affected only to the extent that any

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The designation essential populations and habitat, and ensure that their actions will not destroy may have some benefit to these activities conducted or planned on or adversely modify the critical habitat. governments in that the areas essential those lands may adversely affect the However, as discussed above, these to the conservation of the species are conservation of the arroyo toad. actions are currently subject to more clearly defined, and the primary Therefore, we are considering equivalent restrictions through the constituent elements of the habitat designating critical habitat for the listing protections of the species, and no necessary to the survival of the species arroyo toad on Tribal lands. We may further restrictions are anticipated to are specifically identified. While exclude areas from critical habitat upon result from critical habitat designation making this definition and a determination that the benefits of such of occupied areas. identification does not alter where and exclusions outweigh the benefits of (b) This rule will not produce a what federally sponsored activities may specifying such areas as critical habitat Federal mandate of $100 million or occur, it may assist these local according to section 4(b)(2) of the Act. greater in any year; i.e., it is not a governments in long-range planning However, we cannot exclude such areas ‘‘significant regulatory action’’ under (rather than waiting for case-by-case from critical habitat when such the Unfunded Mandates Reform Act. section 7 consultations to occur). exclusion will result in the extinction of The designation of critical habitat the species. Due to the short amount of Civil Justice Reform imposes no obligations on State or local time allowed under the settlement governments. In accordance with Executive Order agreement for preparing this rule, we Takings 12988, the Office of the Solicitor has have not yet consulted with the affected determined that the rule does not Tribes, but we will do so before making In accordance with Executive Order unduly burden the judicial system and a final decision on critical habitat. 12630, the rule does not have significant meets the requirements of sections 3(a) takings implications. A takings and 3(b)(2) of the Order. We propose to References Cited implication assessment is not required. designate critical habitat in accordance As discussed above, the designation of Barto, W.S. 1999. Predicting potential with the provisions of the Act, and will habitat for the arroyo toad (Bufo critical habitat affects only Federal hold public hearings on the proposed agency action. The rule will not increase microscaphus californicus) in San Diego designation during the comment period. County using a habitat suitability model and or decrease the current restrictions on The rule uses standard property digital terrain data. Unpublished Masters private property concerning take of the descriptions and identifies the primary thesis, San Diego State University. vii + 135 arroyo toad. Due to current public constituent elements within the pp. knowledge of the species protection, the designated areas to assist the public in Gergus, E.W.A. 1998. Systematics of the prohibition against take of the species understanding the habitat needs of the Bufo microscaphus complex: allozyme both within and outside of the arroyo toad. evidence. Herpetologica 54(3): 317–325. designated areas, and the fact that Griffin, P.C., T.J. Case, and R.N. Fisher. critical habitat provides no incremental Paperwork Reduction Act of 1995 (44 1999. Radio telemetry study of Bufo restrictions, we do not anticipate that U.S.C. 3501 et seq.) californicus, arroyo toad movement patterns property values will be affected by the and habitat preferences. Contract report to This rule does not contain any California Department of Transportation critical habitat designation. information collection requirements that Southern Biology Pool. v + 66 pp. Additionally, critical habitat require Office of Management and Jennings, M.R., and M.P. Hayes. 1994. designation does not preclude Budget approval under the Paperwork Amphibian and reptile species of special development of habitat conservation Reduction Act. concern in California. Final report to the plans and issuance of incidental take California Department of Fish and Game, permits. Owners of areas that are National Environmental Policy Act Inland Fisheries Division, Rancho Cordova, included in the designated critical We have determined that we do not California. Contract 8023. iii + 255 pp. habitat will continue to have need to prepare an Environmental Ramirez, R. S., Jr. 2000. Arroyo toad (Bufo opportunity to utilize their property in Assessment and/or an Environmental californicus) radio telemetry study, Little Rock Creek, Los Angeles County, California. ways consistent with the survival of the Impact Statement as defined by the Interim Report. Prepared for U.S.D.A. Forest arroyo toad. National Environmental Policy Act of Service, Angeles National Forest, Arcadia, Federalism 1969 in connection with regulations California. 62 + v pp., plus appendix. adopted pursuant to section 4(a) of the U.S. Fish and Wildlife Service. 1999. In accordance with Executive Order Act. We published a notice outlining Arroyo southwestern toad (Bufo 13132, the rule does not have significant our reasons for this determination in the microscaphus californicus) recovery plan. Federalism effects. A Federalism Federal Register on October 25, 1983 U.S. Fish and Wildlife Service, Portland, assessment is not required. In keeping (48 FR 49244). Oregon. vi + 119 pp. with Department of the Interior and U.S. Forest Service. 1999. Untitled, Department of Commerce policy, we Government-to-Government unpublished document regarding arroyo toad requested information from and Relationship With Tribes findings on Piru Creek. Los Padres National Forest, Mt. Pinos Ranger District. 4 pp. coordinated development of this critical In accordance with the President’s habitat proposal with appropriate State memorandum of April 29, 1994, Author(s) resource agencies in California. We will ‘‘Government-to-Government Relations continue to coordinate any future with Native American Tribal The primary authors of this proposed designation of critical habitat for the Governments’’ (59 FR 22951) and 512 rule are Grace McLaughlin (Ventura) arroyo toad with the appropriate State DM 2, we understand that we must and John Stephenson (Carlsbad) (see agencies. The designation of critical coordinate with federally recognized ADDRESSES section). habitat in areas currently occupied by Tribes on a Government-to-Government List of Subjects in 50 CFR Part 17 the arroyo toad imposes no additional basis. restrictions to those currently in place We determined that certain Tribal Endangered and threatened species, and, therefore, has little incremental lands are essential for the conservation Exports, Imports, Reporting and

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* AMPHIBIANS

******* Toad, arroyo (= ar- Bufo microscaphus U.S.A. (CA), Mexico Entire ...... E 568 17.95(d) NA royo south-western). californicus.

*******

3. Amend § 17.95(d) by adding critical suitable quality at the appropriate times and adult arroyo toads (loose, sandy habitat for the arroyo southwestern toad to provide space, food, and cover soils are typically most prevalent on (Bufo microscaphus californicus), in the needed to sustain eggs, tadpoles, alluvial terraces and valley bottomlands same alphabetical order as the species metamorphosing juveniles, and adult and occur primarily, but not occurs in § 17.11(h). breeding toads; low-gradient stream exclusively, within 1.5 km (0.9 mi) of § 17.95 Critical habitatÐfish and wildlife. segments (typically less than 4 percent) the streamcourse and less than 25 m (80 with sandy or fine gravel substrates ft) in elevation above the adjacent * * * * * which support the formation of shallow stream channel); few or no nonnative (d) Amphibians. pools and sparsely vegetated sand and species that prey upon or compete with * * * * * gravel bars for breeding and rearing of arroyo toads, or degrade their habitat; Arroyo southwestern toad (Bufo tadpoles and juveniles; a natural stream channels and upland habitats microscaphus californicus) 1. Critical habitat units are depicted flooding regime or one sufficiently where manmade barriers do not for Monterey, Santa Barbara, Ventura, corresponding to a natural regime that completely or substantially impede Los Angeles, San Bernardino, Riverside, will periodically scour riparian migration to overwintering sites, Orange, and San Diego counties, vegetation, rework stream channels and dispersal between populations, or California, on the maps below. terraces, and redistribute sands and recolonization of unoccupied areas that 2. Critical habitat includes stream and sediments, such that adequate numbers contain suitable habitat; and habitats river courses, riparian habitats, and and sizes of breeding pools and free of, or with limited levels of, land terrace and upland habitats up to 25 m sufficient terrace habitats with use activities that substantially (80 ft) elevation above the stream course appropriate vegetation are maintained to reconfigure stream channels, remove or and within 1.5 km (0.9 mi) from the provide for the needs of all life stages of impede the deposition of sand and stream course. the toad; upland habitats of sufficient gravel deposits, compact soils, or crush 3. Within these areas, primary width and quality (i.e., with areas of individual toads (see maps labeled constituent elements for the arroyo toad loose, sandy soil where toads can Index 1 and Index 2 for overview of include a hydrologic regime that burrow underground) to provide proposed critical habitat). supplies sufficient flowing water of foraging and living areas for subadult BILLING CODE 4310±55±P

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BILLING CODE 4310±55±C 3986000; 660000, 3985000; 661000, 3975000; 667000, 3976000; 666000, Map Unit 1: San Antonio River, 3985000; 661000, 3984000; 663000, 3976000; 666000, 3977000; 665000, Monterey County, California. From 3984000; 663000, 3983000; 665000, 3977000; 665000, 3978000; 663000, USGS 1:24,000 quadrangle maps Bear 3983000; 665000, 3982000; 666000, 3978000; 663000, 3979000; 662000, Canyon, Cosio Knob, Alder Peak, Jolon, and Williams Hill. In UTM Zone 10, the 3982000; 666000, 3981000; 667000, 3979000; 662000, 3980000; 660000, lands, primarily on Fort Hunter Liggett 3981000; 667000, 3979000; 669000, 3980000; 660000, 3982000; 659000, Military Reservation, bounded by the 3979000; 669000, 3978000; 670000, 3982000; 659000, 3983000; 657000, following UTM NAD27 coordinates 3978000; 670000, 3976000; 671000, 3983000; 657000, 3986000; 656000, (E,N): 651000, 3993000; 654000, 3976000; 671000, 3975000; 672000, 3986000; 656000, 3988000; 654000, 3993000; 654000, 3991000; 655000, 3975000; 672000, 3976000; 673000, 3988000; 654000, 3989000; 653000, 3991000; 655000, 3990000; 656000, 3976000; 673000, 3975000; 675000, 3989000; 653000, 3990000; 652000, 3990000; 656000, 3989000; 658000, 3975000; 675000, 3973000; 669000, 3990000; 652000, 3992000; 651000, 3989000; 658000, 3988000; 659000, 3973000; 669000, 3974000; 668000, 3992000; 651000, 3993000. 3988000; 659000, 3986000; 660000, 3974000; 668000, 3975000; 667000, BILLING CODE 4310±55±P

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BILLING CODE 4310±55±C 3857000; 758000, 3858000; 753000, All remaining critical habitat units are Map Unit 2; Sisquoc River, Santa 3858000; 753000, 3859000; 750000, in UTM zone 11, North American Barbara and San Luis Obispo counties, 3859000; 750000, 3860000; 747000, Datum 1927 (NAD27). California. From USGS 1:24,000 3860000; 747000, 3861000; 746000, Map Unit 3; Upper Santa Ynez River quadrangle maps Twitchell Dam, 3861000; 746000, 3862000; 745000, Basin, Santa Barbara County, California. Sisquoc, Foxen Canyon, Zaca Lake, Bald 3862000; 745000, 3864000; 744000, From USGS 1:24,000 quadrangle maps Mtn., and Hurricane Deck. In UTM Zone 3864000; 744000, 3866000; 745000, Little Pine Mtn., Hildreth Peak, and 10, the lands bounded by the following 3866000; 745000, 3867000. In UTM Carpinteria, the lands bounded by the UTM NAD27 coordinates (E,N): 748000, zone 11, the lands bounded by the following UTM coordinates (E,N): 3867000; 748000, 3864000; 749000, following UTM NAD83 coordinates 261000,3833000; 263000,3833000; 3864000; 749000, 3863000; 750000, (E,N): 231000, 3861000; 233000, 263000,3832000; 262000,3832000; 3863000; 750000, 3862000; 751000, 3861000; 233000, 3859000; 236000, 262000,3831000; 261000,3831000; 3862000; 751000, 3863000; 752000, 3859000; 236000, 3858000; 239000, 261000,3826000; 260000,3826000; 3863000; 752000, 3861000; 757000, 3858000; 239000, 3857000; 242000, 260000,3822000; 261000,3822000; 3861000; 757000, 3860000; 760000, 3857000; 242000, 3856000; 244000, 261000,3823000; 263000,3823000; 3860000; 760000, 3859000; 765000, 3856000; 244000, 3854000; 243000, 263000,3822000; 264000,3822000; 3859000; 765000, 3860000; 767000, 3854000; 243000, 3855000; 239000, 264000,3821000; 266000,3821000; 3860000; 767000, 3861000; 771000, 266000,3820000; 270000,3820000; 3855000; 239000, 3856000; 237000, 3861000; 771000, 3860000; 773000, 270000,3818000; 266000,3818000; 3856000; 237000, 3857000; 234000, 3860000; 773000, 3859000; 775000, 266000,3819000; 264000,3819000; 3859000; 775000, 3857000; 773000, 3857000; 234000, 3858000; 231000, 264000,3820000; 263000,3820000; 3857000; 773000, 3858000; 771000, 3858000; 231000, 3857000; 225000, 263000,3821000; 261000,3821000; 3858000; 771000, 3859000; 766000, 3857000; 225000, 3858000; 228000, 261000,3820000; 260000,3820000; 3859000; 766000, 3858000; 764000, 3858000; 228000, 3859000; 230000, 260000,3821000; 258000,3821000; 3858000; 764000, 3857000; 760000, 3859000; 230000, 3860000; 231000, 258000,3822000; 257000,3822000; 3857000; 760000, 3858000; 759000, 3860000; 231000, 3861000. 257000,3823000; 256000,3823000; 3858000; 759000, 3857000; 758000, 256000,3824000; 257000,3824000;

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257000,3826000; 256000,3826000; 256000,3828000; 257000,3828000; 260000,3832000; 261000,3832000; 256000,3827000; 255000,3827000; 257000,3827000; 259000,3827000; 261000,3833000. 255000,3828000; 254000,3828000; 259000,3830000; 260000,3830000; BILLING CODE 4310±55±P 254000,3830000; 256000,3830000;

BILLING CODE 4310±55±C 292000,38290; 294000,3829000; 317000,3826000; 316000,3826000; Map Unit 4; Sespe Creek, Ventura 294000,3828000; 293000,3828000; 316000,3827000; 315000,3827000; County, California. From USGS 1:24,000 293000,3827000; 312000,3827000; 315000,3826000; 311000,3826000; quadrangle maps Wheeler Springs, Lion 312000,3828000; 320000,3828000; 311000,3825000; 291000,3825000; Canyon, Topatopa Mts., and Devil’s 320000,3827000; 321000,3827000; 291000,3827000; 292000,3827000; Heart Peak, the lands bounded by the 321000,3826000; 319000,3826000; 292000,3829000. following UTM coordinates (E,N): 319000,3827000; 317000,3827000; BILLING CODE 4310±55±P

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BILLING CODE 4310±55±C 332000,3837000; 331000,3837000; 339000,3834000; 341000,3834000; Map Unit 5; Piru Creek, Ventura and 331000,3839000; 330000,3839000; 341000,3831000; 340000,3831000; Los Angeles counties, California. Unit 330000,3840000; 328000,3840000; 340000,3830000; 338000,3830000; 5A: From USGS 1:24,000 quadrangle 328000,3839000; 324000,3839000; 338000,3824000; 339000,3824000; maps Lockwood Valley, Alamo Mtn., 324000,3840000; 323000,3840000; 339000,3823000; 340000,3823000; and Black Mtn., the lands upstream of 323000,3841000; 321000,3841000; 340000,3820000; 339000,3820000; Pyramid Lake bounded by the following 321000,3842000; 319000,3842000; 339000,3819000; 338000,3819000; UTM coordinates (E,N): 319000,3841000; 316000,3841000; 338000,3823000; 335000,3823000; 318000,3843000; 323000,3843000; 316000,3842000; 318000,3842000; 335000,3824000; 334000,3824000; 323000,3842000; 324000,3842000; 318000,3843000. Unit 5B: From USGS 334000,3825000; 336000,3825000; 324000,3841000; 328000,3841000; 1:24,000 quadrangle maps Black Mtn., 336000,3829000; 335000,3829000; 328000,3842000; 330000,3842000; Liebre Mtn., Whitaker Peak, and 335000,3832000; 339000,3832000; 330000,3841000; 332000,3841000; Cobblestone Mtn, the lands between 332000,3839000; 333000,3839000; Pyramid Lake and Lake Piru bounded 339000,3833000; 338000,3833000; 333000,3838000; 334000,3838000; by the following UTM coordinates (E,N): 338000,3835000. 334000,3836000; 332000,3836000; 338000,3835000; 339000,3835000; BILLING CODE 4310±55±P

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BILLING CODE 4310±55±C 360000,3818000; 359000,3818000; 362000,3826000; 365000,3826000; Map Unit 6; Upper Santa Clara River 359000,3813000; 358000,3813000; 365000,3827000. basin, Los Angeles County, California. 358000,3811000; 366000,3811000; Map Unit 7; Upper Los Angeles River Unit 6a: From USGS 1:24,000 366000,3810000; 368000,3810000; basin, Los Angeles County, California. quadrangle maps Liebre Mtn. and 368000,3811000; 371000,3811000; Unit 7a: From USGS 1:24,000 Whitaker Peak, the lands, upstream of 371000,3812000; 375000,3812000; quadrangle maps San Fernando, Castaic Lake, bounded by the following 375000,3811000; 376000,3811000; Sunland and Condor Peak, the lands in UTM coordinates (E,N): 376000,3810000; 372000,3810000; the Big Tujunga Creek basin bounded by 347000,3836000; 348000,3836000; 372000,3809000; 370000,3809000; the following UTM coordinates (E,N): 348000,3832000; 349000,3832000; 370000,3808000; 366000,3808000; 382000,3797000; 385000,3797000; 349000,3830000; 348000,3830000; 366000,3807000; 364000,3807000; 385000,3796000; 387000,3796000; 348000,3829000; 349000,3829000; 364000,3808000; 363000,3808000; 387000,3795000; 388000,3795000; 349000,3828000; 350000,3828000; 363000,3809000; 361000,3809000; 388000,3794000; 389000,3794000; 350000,3826000; 348000,3826000; 361000,3808000; 359000,3808000; 389000,3795000; 390000,3795000; 348000,3828000; 347000,3828000; 359000,3809000; 354000,3809000; 390000,3796000; 391000,3796000; 347000,3833000; 346000,3833000; 354000,3810000; 351000,3810000; 391000,3794000; 390000,3794000; 346000,3835000; 347000,3835000; 351000,3809000; 348000,3809000; 390000,3793000; 387000,3793000; 347000,3836000. Unit 6b: From USGS 348000,3811000; 350000,3811000; 387000,3794000; 386000,3794000; 1:24,000 quadrangle maps Warm 350000,3814000; 351000,3814000; 386000,3795000; 382000,3795000; Springs Mtn., Green Valley, Val Verde, 382000,3793000; 380000,3793000; 351000,3819000; 353000,3819000; Newhall, Mint Mtn. and Agua Dulce, 380000,3792000; 379000,3792000; 353000,3813000; 354000,3813000; the lands bounded by the following 379000,3791000; 378000,3791000; 354000,3812000; 356000,3812000; UTM coordinates (E,N): 378000,3792000; 376000,3792000; 365000,3827000; 367000,3827000; 356000,3815000; 357000,3815000; 376000,3791000; 375000,3791000; 367000,3825000; 364000,3825000; 357000,3817000; 358000,3817000; 375000,3792000; 373000,3792000; 364000,3824000; 362000,3824000; 358000,3821000; 359000,3821000; 373000,3794000; 380000,3794000; 362000,3823000; 361000,3823000; 359000,3823000; 360000,3823000; 380000,3795000; 381000,3795000; 361000,3822000; 360000,3822000; 360000,3825000; 362000,3825000; 381000,3796000; 382000,3796000;

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382000,3797000. Unit 7b: From USGS 403000,3795000; 401000,3795000; and Pasadena, the lands bounded by the 1:24,000 quadrangle maps Condor Peak 401000,3796000; 393000,3796000; following UTM coordinates (E,N): and Chilao Flat, the lands bounded by 393000,3795000; 392000,3795000; 391000,3791000; 392000,3791000; the following UTM coordinates (E,N): 392000,3796000; 391000,3796000; 392000,3787000; 393000,3787000; 397000,3802000; 399000,3802000; 391000,3797000; 393000,3797000; 393000,3783000; 391000,3783000; 399000,3799000; 398000,3799000; 393000,3798000; 396000,3798000; 391000,3789000; 390000,3789000; 398000,3798000; 402000,3798000; 396000,3800000; 397000,3800000; 390000,3790000; 391000,3790000; 402000,3799000; 404000,3799000; 397000,3802000. Unit 7c: From USGS 391000,3791000 404000,3797000; 403000,3797000; 1:24,000 quadrangle maps Condor Peak BILLING CODE 4310±55±P

BILLING CODE 4310±55±C following UTM coordinates (E,N): 437000,3736000; 436000,3736000; Map Unit 8; Santiago Creek, Orange 438000,3739000; 439000,3739000; 436000,3738000; 438000,3738000; County. From USGS 1:24,000 439000,3737000; 440000,3737000; 438000,3739000. quadrangle maps Black Star Canyon and 440000,3736000; 439000,3736000; BILLING CODE 4310±55±P El Toro, the lands bounded by the 439000,3734000; 437000,3734000;

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BILLING CODE 4310±55±C 513000,3728000; 512000,3728000; 436000,3706000; 437000,3706000; Map Unit 9; San Jacinto River and 512000,3729000; 511000,3729000; 437000,3708000; 439000,3708000; Bautista Creek, Riverside County. From 511000,3730000; 510000,3730000; 439000,3709000; 441000,3709000; USGS 1:24,000 quadrangle maps San 510000,3729000; 509000,3729000; 441000,3710000; 443000,3710000; Jacinto, Lake Fulmor, Hemet and 509000,3735000; 507000,3735000; 443000,3711000; 444000,3711000; Blackburn Canyon, the lands bounded 507000,3736000; 508000,3736000; 444000,3710000; 448000,3710000; by the following UTM coordinates (E,N): 508000,3737000. 448000,3711000; 447000,3711000; 508000,3737000; 509000,3737000; Map Unit 10; San Juan and Trabuco 447000,3716000; 448000,3716000; 509000,3736000; 512000,3736000; 448000,3714000; 449000,3714000; 512000,3735000; 514000,3735000; Creeks, Orange and Riverside counties, 449000,3716000; 451000,3716000; 514000,3734000; 517000,3734000; California. 451000,3717000; 452000,3717000; 517000,3733000; 518000,3733000; Unit 10a: From USGS 1:24,000 452000,3718000; 457000,3718000; 518000,3732000; 519000,3732000; quadrangle maps Dana Point, San Juan 457000,3719000; 459000,3719000; 519000,3730000; 518000,3730000; Capistrano, Canada Gobernadora and 459000,3720000. 518000,3731000; 517000,3731000; Sitton Peak, the lands bounded by the 517000,3732000; 513000,3732000; following UTM coordinates (E,N): Unit 10b: From USGS 1:24,000 513000,3733000; 511000,3733000; 459000,3720000; 461000,3720000; quadrangle maps Santiago Peak and 511000,3732000; 512000,3732000; 461000,3719000; 460000,3719000; Canada Gobernadora, the lands bounded 512000,3731000; 513000,3731000; 460000,3718000; 459000,3718000; by the following UTM coordinates (E,N): 513000,3730000; 514000,3730000; 459000,3717000; 457000,3717000; 446000,3726000; 450000,3726000; 514000,3729000; 515000,3729000; 457000,3716000; 452000,3716000; 450000,3725000; 448000,3725000; 515000,3727000; 516000,3727000; 452000,3715000; 451000,3715000; 448000,3724000; 446000,3724000; 516000,3725000; 517000,3725000; 451000,3714000; 450000,3714000; 446000,3723000; 445000,3723000; 517000,3724000; 518000,3724000; 450000,3710000; 449000,3710000; 445000,3722000; 444000,3722000; 518000,3723000; 519000,3723000; 449000,3708000; 447000,3708000; 444000,3721000; 443000,3721000; 519000,3722000; 520000,3722000; 447000,3707000; 446000,3707000; 443000,3720000; 442000,3720000; 520000,3721000; 517000,3721000; 446000,3708000; 444000,3708000; 442000,3723000; 443000,3723000; 517000,3723000; 516000,3723000; 444000,3709000; 443000,3709000; 443000,3724000; 444000,3724000; 516000,3724000; 515000,3724000; 443000,3708000; 442000,3708000; 444000,3725000; 446000,3725000; 515000,3726000; 514000,3726000; 442000,3707000; 441000,3707000; 446000,3726000. 514000,3727000; 513000,3727000; 441000,3705000; 436000,3705000; FILLING CODE 4310±55±P

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36540 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

BILLING CODE 4310±55±C 454000,3694000; 454000,3693000; 481000,3696000; 480000,3696000; Map Unit 11; San Mateo and San 453000,3693000; 453000,3694000; 480000,3695000; 479000,3695000; Onofre Basins, Orange and Riverside 450000,3694000; 450000,3693000; 479000,3696000; 477000,3696000; counties, California. From USGS 449000,3693000; 449000,3692000; 477000,3695000; 476000,3695000; 1:24,000 quadrangle maps San 447000,3692000; 447000,3693000; 476000,3694000; 473000,3694000; Clemente, Margarita Peak, Canada 444000,3693000; 444000,3696000; Gobernadora and San Onofre Bluff, the 473000,3693000; 472000,3693000; 445000,3696000; 445000,3698000; lands bounded by the following UTM 472000,3692000; 471000,3692000; 446000,3698000; 446000,3703000; coordinates (E,N): 450000,3707000; 471000,3690000; 470000,3690000; 447000,3703000; 447000,3705000; 451000,3707000; 451000,3706000; 470000,3687000; 471000,3687000; 450000,3705000; 450000,3707000. 452000,3706000; 452000,3704000; 471000,3686000; 470000,3686000; 453000,3704000; 453000,3705000; Map Unit 12; Lower Santa Margarita 470000,3685000; 469000,3685000; 454000,3705000; 454000,3704000; Basin, San Diego County, California. 469000,3684000; 468000,3684000; 456000,3704000; 456000,3705000; From USGS 1:24,000 quadrangle maps 468000,3683000; 466000,3683000; 458000,3705000; 458000,3703000; Fallbrook, Temecula, Morro Hill, Las 466000,3681000; 467000,3681000; 456000,3703000; 456000,3702000; Pulgas Canyon, Oceanside and San Luis 467000,3678000; 465000,3678000; 455000,3702000; 455000,3701000; Rey, the lands bounded by the following 465000,3677000; 462000,3677000; 454000,3701000; 454000,3700000; UTM coordinates (E,N): 462000,3679000; 464000,3679000; 453000,3700000; 453000,3699000; 470000,3702000; 472000,3702000; 464000,3686000; 467000,3686000; 452000,3699000; 452000,3697000; 472000,3701000; 471000,3701000; 467000,3688000; 468000,3688000; 448000,3697000; 448000,3696000; 471000,3695000; 472000,3695000; 468000,3690000; 469000,3690000; 447000,3696000; 447000,3695000; 472000,3696000; 476000,3696000; 469000,3693000; 468000,3693000; 450000,3695000; 450000,3696000; 476000,3697000; 477000,3697000; 468000,3695000; 467000,3695000; 453000,3696000; 453000,3697000; 477000,3698000; 478000,3698000; 467000,3696000; 470000,3696000; 454000,3697000; 454000,3699000; 478000,3697000; 479000,3697000; 470000,3697000; 469000,3697000; 455000,3699000; 455000,3700000; 479000,3698000; 480000,3698000; 469000,3701000; 470000,3701000; 456000,3700000; 456000,3696000; 480000,3699000; 481000,3699000; 470000,3702000. 457000,3696000; 457000,3697000; 481000,3700000; 482000,3700000; BILLING CODE 4310±55±P 459000,3697000; 459000,3696000; 482000,3699000; 483000,3699000; 458000,3696000; 458000,3695000; 483000,3698000; 482000,3698000; 457000,3695000; 457000,3694000; 482000,3697000; 481000,3697000;

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BILLING CODE 4310±55±C 514000,3697000; 514000,3698000; 505000,3683000; 505000,3682000; Map Unit 13; Upper Santa Margarita 511000,3698000; 511000,3699000; 506000,3682000; 506000,3681000; Basin, San Diego County, California. 510000,3699000; 510000,3700000; 508000,3681000; 508000,3680000; From USGS 1:24,000 quadrangle maps 508000,3700000; 508000,3701000; 506000,3680000; 506000,3679000; Sage, Vail Lake, Aquanga, Palomar 507000,3701000; 507000,3698000; 505000,3679000; 505000,3678000; Observatory and Warner Springs, the 506000,3698000; 506000,3697000; 503000,3678000; 503000,3679000; lands bounded by the following UTM 504000,3697000; 504000,3699000; 504000,3679000; 504000,3680000; coordinates (E,N): 502000,3707000; 505000,3699000; 505000,3700000; 503000,3680000; 503000,3681000; 507000,3707000; 507000,3706000; 504000,3700000; 504000,3701000; 502000,3681000; 502000,3683000; 510000,3706000; 510000,3705000; 502000,3701000; 502000,3703000; 501000,3683000; 501000,3684000; 511000,3705000; 511000,3704000; 500000,3703000; 500000,3704000; 499000,3684000; 499000,3685000; 510000,3704000; 510000,3703000; 501000,3704000; 501000,3706000; 498000,3685000; 498000,3689000; 509000,3703000; 509000,3701000; 502000,3706000; 502000,3707000. 496000,3689000; 496000,3690000; 510000,3701000; 510000,3702000; Map Unit 14; Lower and Middle San 494000,3690000; 494000,3689000; 511000,3702000; 511000,3701000; Luis Rey Basin, San Diego County, 490000,3689000; 490000,3688000; 514000,3701000; 514000,3699000; California. From USGS 1:24,000 489000,3688000; 489000,3687000; 515000,3699000; 515000,3698000; quadrangle maps Pechanga, San Luis 488000,3687000; 488000,3688000; 517000,3698000; 517000,3697000; Rey, Morro Hill, Bonsall, Pala, Boucher 487000,3688000; 487000,3686000; 518000,3697000; 518000,3696000; Hill and Rodriguez Mtn., the lands 488000,3686000; 488000,3685000; 520000,3696000; 520000,3695000; bounded by the following UTM 486000,3685000; 486000,3686000; 521000,3695000; 521000,3693000; coordinates (E,N): 492000,3697000; 485000,3686000; 485000,3685000; 523000,3693000; 523000,3692000; 493000,3697000; 493000,3693000; 484000,3685000; 484000,3684000; 524000,3692000; 524000,3691000; 494000,3693000; 494000,3692000; 481000,3684000; 481000,3682000; 523000,3691000; 523000,3690000; 497000,3692000; 497000,3691000; 480000,3682000; 480000,3681000; 522000,3690000; 522000,3691000; 498000,3691000; 498000,3690000; 479000,3681000; 479000,3679000; 521000,3691000; 521000,3692000; 499000,3690000; 499000,3689000; 477000,3679000; 477000,3678000; 519000,3692000; 519000,3693000; 500000,3689000; 500000,3688000; 475000,3678000; 475000,3677000; 518000,3693000; 518000,3694000; 501000,3688000; 501000,3686000; 473000,3677000; 473000,3678000; 517000,3694000; 517000,3695000; 502000,3686000; 502000,3685000; 472000,3678000; 472000,3681000; 516000,3695000; 516000,3696000; 503000,3685000; 503000,3684000; 478000,3681000; 478000,3685000; 515000,3696000; 515000,3697000; 504000,3684000; 504000,3683000; 479000,3685000; 479000,3686000;

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480000,3686000; 480000,3687000; 487000,3690000; 487000,3691000; 491000,3693000; 491000,3694000; 484000,3687000; 484000,3688000; 488000,3691000; 488000,3690000; 492000,3694000; 492000,3697000. 485000,3688000; 485000,3691000; 489000,3690000; 489000,3692000; BILLING CODE 4310±55±P 486000,3691000; 486000,3690000; 490000,3692000; 490000,3693000;

BILLING CODE 4310±55±C 530000,3684000; 533000,3684000; Unit 15b: From USGS 1:24,000 Map Unit 15; Upper San Luis Rey 533000,3686000; 535000,3686000; quadrangle map Palomar Observatory, Basin, San Diego County, California. Unit 15a: From USGS 1:24,000 535000,3684000; 534000,3684000; the lands bounded by the following quadrangle maps Palomar Observatory, 534000,3682000; 532000,3682000; UTM coordinates (E,N): Warner Springs and Hot Springs Mtn., 532000,3681000; 529000,3681000; 516000,3690000; 517000,3690000; the lands bounded by the following 529000,3680000; 526000,3680000; 517000,3689000; 518000,3689000; UTM coordinates (E,N): 526000,3679000; 523000,3679000; 518000,3688000; 519000,3688000; 530000,3691000; 532000,3691000; 523000,3684000; 525000,3684000; 519000,3687000; 516000,3687000; 532000,3690000; 534000,3690000; 525000,3685000; 528000,3685000; 516000,3688000; 515000,3688000; 534000,3688000; 530000,3688000; 528000,3688000; 529000,3688000; 515000,3689000; 516000,3689000; 530000,3687000; 531000,3687000; 529000,3689000; 530000,3689000; 516000,3690000. 531000,3686000; 530000,3686000; 530000,3691000. BILLING CODE 4310±55±C

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BILLING CODE 4310±55±C 512000,3670000; 513000,3670000; 506000,3672000; 507000,3672000; Map Unit 16; Santa Ysabel Creek, San 513000,3671000. 507000,3675000. Diego County, California. Unit 16b: From USGS 1:24,000 Unit 16c: From USGS 1:24,000 quadrangle maps Rodriguez Mtn. and Unit 16a: From USGS 1:24,000 quadrangle maps Ramona and San San Pasqual, the lands bounded by the quadrangle maps Mesa Grande, Ramona following UTM coordinates (E,N): Pasqual, the lands bounded by the and San Pasqual, the lands bounded by 507000,3675000; 510000,3675000; following UTM coordinates (E,N): the following UTM coordinates (E,N): 510000,3672000; 509000,3672000; 504000,3659000; 505000,3659000; 513000,3671000; 515000,3671000; 509000,3670000; 507000,3670000; 505000,3658000; 506000,3658000; 515000,3666000; 519000,3666000; 507000,3668000; 506000,3668000; 506000,3657000; 507000,3657000; 519000,3665000; 521000,3665000; 506000,3667000; 507000,3667000; 507000,3656000; 508000,3656000; 521000,3664000; 515000,3664000; 507000,3665000; 506000,3665000; 508000,3657000; 512000,3657000; 515000,3662000; 512000,3662000; 506000,3664000; 504000,3664000; 512000,3654000; 511000,3654000; 512000,3661000; 510000,3661000; 504000,3665000; 505000,3665000; 511000,3653000; 506000,3653000; 510000,3663000; 512000,3663000; 505000,3667000; 504000,3667000; 506000,3654000; 504000,3654000; 512000,3664000; 513000,3664000; 504000,3669000; 505000,3669000; 504000,3659000. 513000,3669000; 512000,3669000; 505000,3671000; 506000,3671000; BILLING CODE 4310±55±P

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BILLING CODE 4310±55±C 525000,3649000; 525000,3647000; 519000,3639000; 519000,3638000; Map Unit 17; San Diego River and San 524000,3647000; 524000,3646000; 516000,3638000; 516000,3639000. Vicente Creek, San Diego County, 522000,3646000; 522000,3648000; California. Unit 17c: From USGS 1:24,000 523000,3648000; 523000,3650000; Unit 17a: From USGS 1:24,000 quadrangle maps San Vicente Reservoir, quadrangle maps Ramona, El Cajon, 521000,3650000; 521000,3651000; El Cajon, Alpine and El Cajon Mtn., the Tule Springs and Santa Ysabel, the 519000,3651000; 519000,3650000; lands bounded by the following UTM lands bounded by the following UTM 514000,3650000; 514000,3652000; coordinates (E,N): 511000,3639000; coordinates (E,N): 516000,3653000; 516000,3652000; 516000,3653000. 514000,3639000; 514000,3637000; 521000,3653000; 521000,3652000; Unit 17b: From USGS 1:24,000 512000,3637000; 512000,3636000; 524000,3652000; 524000,3651000; quadrangle map El Cajon Mtn., the 507000,3636000; 507000,3638000; 525000,3651000; 525000,3653000; lands bounded by the following UTM 511000,3638000; 511000,3639000. 526000,3653000; 526000,3649000; coordinates (E,N): 516000,3639000; BILING CODE 4310±55±P

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36545

BILING CODE 4310±55±C 527000,3633000; 527000,3632000; (1971), El Cajon (1967), and Alpine Map Unit 18; Sweetwater River, San 530000,3632000; 530000,3633000; (1982), California. The lands bounded Diego County, California. Unit 18a: 532000,3633000; 532000,3634000; by the following UTM coordinates (E, From USGS 1:24,000 quadrangle maps 535000,3634000; 535000,3636000; N): 510000,3628000; 512000,3628000; Viejas Mountain (1988), Descanso 534000,3636000; 534000,3637000; 512000,3627000; 513000,3627000; (1960), Tule Springs (1988), and 535000,3637000; 535000,3638000; 513000,3628000; 515000,3628000; Cuyamaca Peak (1960), California. The 537000,3638000; 537000,3641000; 515000,3627000; 520000,3627000; lands bounded by the following UTM 538000,3641000; 538000,3642000; 520000,3625000; 516000,3625000; coordinates (E, N): 543000,3649000; 540000,3642000; 540000,3644000; 544000,3649000; 544000,3646000; 516000,3624000; 514000,3624000; 541000,3644000; 541000,3645000; 514000,3625000; 513000,3625000; 543000,3646000; 543000,3643000; 542000,3645000; 542000,3648000; 542000,3643000; 542000,3642000; 513000,3626000; 512000,3626000; 543000,3648000; 543000,3649000. 512000,3624000; 510000,3624000; 541000,3642000; 541000,3641000; Map Unit 18b: From USGS 1:24,000 540000,3641000; 540000,3639000; quadrangle maps Viejas Mountain 510000,3622000; 508000,3622000; 538000,3639000; 538000,3637000; (1988), and Alpine (1982), California. 508000,3621000; 506000,3621000; 537000,3637000; 537000,3633000; The lands bounded by the following 506000,3620000; 505000,3620000; 536000,3633000; 536000,3632000; UTM coordinates (E, N): 505000,3618000; 502000,3618000; 531000,3632000; 531000,3631000; 523000,3630000; 525000,3630000; 502000,3619000; 503000,3619000; 528000,3631000; 528000,3630000; 525000,3629000; 527000,3629000; 503000,3620000; 504000,3620000; 526000,3630000; 526000,3631000; 527000,3628000; 525000,3628000; 504000,3622000; 505000,3622000; 525000,3631000; 525000,3632000; 525000,3627000; 523000,3627000; 505000,3624000; 508000,3624000; 524000,3632000; 524000,3633000; 523000,3630000. 508000,3625000; 510000,3625000; 525000,3633000; 525000,3634000; Map Unit 18c: From USGS 1:24,000 510000,3628000. 529000,3634000; 529000,3633000; quadrangle maps Jamul Mountains BILLING CODE 4310±55±P

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 36546 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

BILLING CODE 4310±55±C Unit 19b: From USGS 1:24,000 bounded by the following UTM Map Unit 19; Cottonwood-Tijuana quadrangle maps Barrett Lake, Tecate, coordinates (E,N): 543000,3639000; Basin, San Diego County, California. Potrero and Morena Reservoir, the lands 545000,3639000; 545000,3638000; Unit 19a: From USGS 1:24,000 bounded by the following UTM 546000,3638000; 546000,3637000; quadrangle maps Morena Reservoir, coordinates (E,N): 534000,3617000; 547000,3637000; 547000,3635000; Cameron Corners and Mount Laguna, 536000,3617000; 536000,3616000; 545000,3635000; 545000,3633000; the lands bounded by the following 541000,3616000; 541000,3611000; 547000,3633000; 547000,3631000; UTM coordinates (E,N): 540000,3611000; 540000,3610000; 543000,3631000; 543000,3632000; 547000,3627000; 548000,3627000; 539000,3610000; 539000,3609000; 542000,3632000; 542000,3630000; 548000,3626000; 549000,3626000; 538000,3609000; 538000,3608000; 540000,3630000; 540000,3632000; 549000,3623000; 550000,3623000; 537000,3608000; 537000,3607000; 541000,3632000; 541000,3633000; 550000,3621000; 551000,3621000; 534000,3607000; 534000,3606000; 542000,3633000; 542000,3634000; 551000,3622000; 554000,3622000; 530000,3606000; 530000,3607000; 543000,3634000; 543000,3635000; 554000,3623000; 555000,3623000; 527000,3607000; 527000,3609000; 544000,3635000; 544000,3638000; 555000,3625000; 557000,3625000; 528000,3609000; 528000,3610000; 543000,3638000; 543000,3639000. 557000,3623000; 556000,3623000; 529000,3610000; 529000,3614000; Unit 19d: From USGS 1:24,000 556000,3621000; 554000,3621000; 530000,3614000; 530000,3616000; quadrangle maps Barrett Lake, Viejas 554000,3619000; 553000,3619000; 531000,3616000; 531000,3609000; Mtn. and Descanso, the lands bounded 553000,3620000; 552000,3620000; 530000,3609000; 530000,3608000; by the following UTM coordinates (E,N): 552000,3619000; 551000,3619000; 531000,3608000; 531000,3607000; 536000,3630000; 537000,3630000; 551000,3618000; 550000,3618000; 533000,3607000; 533000,3608000; 537000,3629000; 538000,3629000; 550000,3617000; 546000,3617000; 534000,3608000; 534000,3609000; 538000,3628000; 537000,3628000; 546000,3616000; 544000,3616000; 535000,3609000; 535000,3610000; 537000,3627000; 535000,3627000; 544000,3617000; 543000,3617000; 536000,3610000; 536000,3611000; 535000,3625000; 534000,3625000; 543000,3620000; 542000,3620000; 537000,3611000; 537000,3612000; 534000,3622000; 533000,3622000; 542000,3621000; 541000,3621000; 538000,3612000; 538000,3613000; 533000,3620000; 532000,3620000; 541000,3623000; 544000,3623000; 539000,3613000; 539000,3615000; 532000,3618000; 531000,3618000; 544000,3621000; 545000,3621000; 534000,3615000; 534000,3617000. 531000,3621000; 532000,3621000; 545000,3619000; 546000,3619000; Unit 19c: From USGS 1:24,000 532000,3623000; 531000,3623000; 546000,3621000; 547000,3621000; quadrangle maps Descanso, Cuyamaca 531000,3625000; 533000,3625000; 547000,3627000. Peak and Mount Laguna, the lands 533000,3627000; 534000,3627000;

VerDate 112000 13:48 Jun 07, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\08JNP2.SGM pfrm03 PsN: 08JNP2 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36547

534000,3628000; 535000,3628000; 407000,3818000; 407000,3816000; 411000,3809000; 412000,3809000; 535000,3629000; 536000,3629000; 405000,3816000; 405000,3820000. 412000,3807000; 410000,3807000; 536000,3630000. Unit 20b: From USGS 1:24,000 410000,3809000; 409000,3809000; Map Unit 20 (see map of Units 6, 7, quadrangle maps Pacifico Mtn. and 409000,3810000; 407000,3810000; and 20); Little Rock Creek, Los Angeles Juniper Hills, the lands bounded by the 407000,3811000; 406000,3811000; County, California. Unit 20a: From following UTM coordinates (E,N): 406000,3813000; 405000,3813000; USGS 1:24,000 quadrangle maps 405000,3815000; 407000,3815000; 405000,3812000; 404000,3812000; Palmdale and Pacifico Mtn., the lands 407000,3813000; 408000,3813000; 404000,3814000; 405000,3814000; bounded by the following UTM 408000,3812000; 409000,3812000; 405000,3815000. coordinates (E,N): 405000,3820000; 409000,3811000; 410000,3811000; 408000,3820000; 408000,3818000; 410000,3810000; 411000,3810000; BILLING CODE 4310±55±P

BILLING CODE 4310±55±C 478000,3798000; 475000,3798000; by the following UTM coordinates (E,N): Map Unit 21; Mojave River, San 475000,3797000; 474000,3797000; 467000,3832000; 469000,3832000; Bernardino County, California. Unit 21a: 474000,3796000; 470000,3796000; 469000,3831000; 470000,3831000; From USGS 1:24,000 quadrangle maps 470000,3795000; 469000,3795000; 470000,3828000; 471000,3828000; Cajon, Silverwood Lake, Hesperia, 469000,3793000; 465000,3793000; 471000,3826000; 473000,3826000; Apple Valley, Lake Arrowhead and 465000,3794000; 466000,3794000; 473000,3825000; 474000,3825000; Butler Peak, the lands bounded by the 466000,3795000; 464000,3795000; 474000,3822000; 476000,3822000; following UTM coordinates (E,N): 464000,3796000; 462000,3796000; 476000,3821000; 477000,3821000; 476000,3804000; 479000,3804000; 462000,3797000; 461000,3797000; 477000,3818000; 478000,3818000; 479000,3801000; 485000,3801000; 461000,3798000; 464000,3798000; 478000,3816000; 475000,3816000; 485000,3800000; 486000,3800000; 464000,3797000; 465000,3797000; 475000,3817000; 474000,3817000; 486000,3799000; 487000,3799000; 465000,3798000; 470000,3798000; 474000,3819000; 473000,3819000; 487000,3798000; 488000,3798000; 470000,3799000; 473000,3799000; 473000,3820000; 472000,3820000; 488000,3797000; 489000,3797000; 473000,3800000; 475000,3800000; 472000,3823000; 471000,3823000; 489000,3793000; 488000,3793000; 475000,3801000; 476000,3801000; 471000,3825000; 468000,3825000; 488000,3795000; 487000,3795000; 476000,3804000. Unit 21b: From USGS 468000,3827000; 467000,3827000; 487000,3797000; 486000,3797000; 1:24,000 quadrangle maps Victorville, 467000,3832000. 486000,3798000; 485000,3798000; Hesperia, Apple Valley North and Map Unit 22 (see map of Units 9 and 485000,3799000; 478000,3799000; Apple Valley South, the lands bounded 22); Whitewater River, Riverside

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County, California. From USGS 1:24,000 535000,3754000; 535000,3752000; Dated: May 25, 2000. quadrangle maps Catclaw Flat, White 532000,3752000; 532000,3754000; Donald J. Barry, Water and Desert Hot Springs, the lands 533000,3754000; 533000,3755000; Assistant Secretary for Fish and Wildlife and bounded by the following UTM 532000,3755000; 532000,3759000; Parks. coordinates (E,N): 530000,3764000; 531000,3759000; 531000,3761000; [FR Doc. 00–14085 Filed 6–7–00; 8:45 am] 532000,3764000; 532000,3761000; 530000,3761000; 530000,3764000. BILLING CODE 4310±55±P 533000,3761000; 533000,3758000; 534000,3758000; 534000,3754000; * * * * *

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