Federal Register/Vol. 76, No. 26/Tuesday, February 8, 2011

6848 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Rules and Regulations

DEPARTMENT OF THE INTERIOR habitat for B. filifolia published in the Summary of Changes From the Federal Register on December 13, 2005 Proposed Revised Rule and the Fish and Wildlife Service (70 FR 73820), the proposed revised Previous Critical Habitat Designation designation of critical habitat published 50 CFR Part 17 Summary of Changes From the 2005 in the Federal Register on December 8, Critical Habitat Rule 2009 (74 FR 64930), and the Notice of [Docket No. FWS–R8–ES–2009–0073; MO The areas identified in this rule Availability (NOA) of the draft 92210–0–0009] constitute a revision from the areas we economic analysis (DEA) published in RIN 1018–AW54 designated as critical habitat for the Federal Register on July 20, 2010 Brodiaea filifolia on December 13, 2005 Endangered and Threatened Wildlife (75 FR 42054). Additionally, more (70 FR 73820). In cases where we have and Plants; Final Revised Critical information on this species can be new information or information that Habitat for Brodiaea filifolia (Thread- found in the five-year review for B. was not available for the previous Leaved Brodiaea) filifolia signed on August 13, 2009, designation, we made changes to the which is available on our Web site at: critical habitat for B. filifolia to ensure AGENCY: Fish and Wildlife Service, http//:www.fws.gov/Carlsbad. that this rule reflects the best scientific Interior. data available. New Information on Species’ ACTION: Final rule. In the 2005 rule, we excluded Description, Life History, Ecology, subunits under section 4(b)(2) of the Act SUMMARY: We, the U.S. Fish and Habitat, and Geographic Range and within the planning boundaries for the Wildlife Service, are designating revised Status Villages of La Costa Habitat critical habitat for Brodiaea filifolia We received no new information Conservation Plan (HCP). The Villages (thread-leaved brodiaea) under the of La Costa HCP is now included within pertaining to the description, life Endangered Species Act of 1973, as (considered part of) the City of history, ecology, habitat, geographic amended (Act). Approximately 2,947 Carlsbad’s Habitat Management Plan acres (ac) (1,193 hectares (ha)) in 10 range, or status of Brodiaea filifolia (Carlsbad HMP) under the Multiple units are being designated as revised following the 2009 proposed revised Habitat Conservation Plan (MHCP); critical habitat for B. filifolia in Los critical habitat designation (74 FR therefore, all revised critical habitat that Angeles, San Bernardino, Riverside, 64930). overlaps with the Villages of La Costa Orange, and San Diego Counties, Previous Federal Actions HCP was analyzed under section 4(b)(2) California. of the Act as part of the Carlsbad HMP DATES: This rule becomes effective on We published our final designation of discussion. These areas have again been March 10, 2011. critical habitat for Brodiaea filifolia on excluded from this revised designation under section 4(b)(2) of the Act (see ADDRESSES: The final rule, final December 13, 2005 (70 FR 73820). The economic analysis, and map of revised Center for Biological Diversity filed a Exclusions Under Section 4(b)(2) of the critical habitat will be available on the complaint in the U.S. District Court for Act section below). In the 2005 rule, we identified areas Internet at http://www.regulations. gov the Southern District of California on covered by HCPs that provided at Docket No. FWS–R8–ES–2009–0073. December 19, 2007, challenging our protections for Brodiaea filifolia, and Supporting documentation we used in designation of critical habitat for B. excluded those areas because we preparing this final rule will be filifolia and Navarretia fossalis (Center concluded they did not require special available for public inspection, by for Biological Diversity v. United States management considerations or appointment, during normal business Fish and Wildlife, et al., Case No. 07– protection. We are not using this hours, at the U.S. Fish and Wildlife CV–02379–W–NLS). In a settlement approach in this rule. In this rule, we Service, Carlsbad Fish and Wildlife agreement dated July 25, 2008, we identified areas covered by HCPs that Office, 6010 Hidden Valley Road, Suite agreed to reconsider the critical habitat are conserved and managed and have 101, Carlsbad, CA 92011; telephone designation for B. filifolia. The weighed the benefits of exclusion 760–431–9440; facsimile 760–431–5901. settlement stipulated that the U.S. Fish against the benefits of including these FOR FURTHER INFORMATION CONTACT: Jim and Wildlife Service (Service) shall areas in the revised critical habitat Bartel, Field Supervisor, U.S. Fish and submit a proposed revised critical designation pursuant to section 4(b)(2) Wildlife Service, Carlsbad Fish and habitat designation for B. filifolia to the of the Act. Wildlife Office (see ADDRESSES). If you Federal Register by December 1, 2009, This rule uses a new economic use a telecommunications device for the and submit a final revised critical analysis to identify and estimate the deaf (TDD), call the Federal Information habitat designation to the Federal potential economic effects resulting Relay Service (FIRS) at 800–877–8339. Register by December 1, 2010. The from implementation of conservation SUPPLEMENTARY INFORMATION: proposed revised critical habitat actions associated with the revised critical habitat. The analysis is based on Background designation was published in the Federal Register on December 8, 2009 estimated incremental impacts We intend to discuss only those (74 FR 64930). On November 19, 2010, associated with critical habitat. topics directly relevant to the the U.S. District Court granted a motion We made changes to the primary designation of revised critical habitat for to modify the settlement agreement to constituent elements (PCEs) and our Brodiaea filifolia under the Endangered criteria used to identify critical habitat. extend to January 31, 2011, submittal of Species Act (Act), as amended (16 We incorporated information related to a final revised critical habitat U.S.C. 1531 et seq.), in this final rule. the taxonomy of the species including For information on the taxonomy, designation to the Federal Register. the change in plant family for Brodiaea biology, and ecology of B. filifolia, refer filifolia. We redefined the boundaries of to the final listing rule published in the each subunit proposed as revised Federal Register on October 13, 1998 critical habitat to more accurately reflect (63 FR 54975), the designation of critical the areas that include the features that

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are essential to the conservation of B. habitat from the 2005 final critical areas; although the names of these units filifolia, and we analyzed new habitat designation to this final revised changed, the locations of these units distribution data (in the 2009 proposed critical habitat designation. Table 2 have not changed. Following Tables 2 revised critical habitat rule) that has includes name changes that we made for and 3, we provide a detailed description become available to us following the some of the subunits where the old of each change made in this revised rule 2005 designation. Table 1 shows the names were ambiguous or do not reflect and point to new information that progression of each subunit of critical the current name used to refer to these precipitated the change.

TABLE 1—CHANGES BETWEEN THE DECEMBER 13, 2005, FINAL CRITICAL HABITAT DESIGNATION FOR BRODIAEA FILIFOLIA, THE DECEMBER 8, 2009, PROPOSED REVISED CRITICAL HABITAT DESIGNATION, AND THIS FINAL REVISED CRITICAL HABITAT DESIGNATION *

Unit/Subunit No. and name ** 2005 fCH 2009 prCH 2011 frCH

Unit 1: Los Angeles County: 1a. Glendora ...... 96 ac (39 ha) ...... 67 ac (27 ha) ...... 67 ac (27 ha). 1b. San Dimas ...... 198 ac (80 ha) ...... 138 ac (56 ha) ...... 138 ac (56 ha). Unit 2: San Bernardino County: 2. Arrowhead Hot Springs ...... Not designated, wrong loca- 61 ac (25 ha) ...... 61 ac (25 ha). tion. Unit 3: Central Orange County: 3. Aliso Canyon ...... Not designated, did not meet 113 ac (46 ha) ...... 11 ac (4 ha); partially ex- the definition of critical cluded under section habitat. 4(b)(2). Unit 4: Southern Orange County: 4a. Arroyo Trabuco ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 4b. Caspers Wilderness Park ...... Excluded under section 205 ac (83 ha) ...... 12 ac (5 ha); partially ex- 4(b)(2). cluded under section 4(b)(2). 4c. Can˜ada Gobernadora/Chiquita Excluded under section 133 ac (54 ha) ...... 133 ac (54 ha). Ridgeline. 4(b)(2). 4d. Prima Deschecha ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 4e. Forster Ranch ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 4f. Talega/Segunda Deshecha ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 4g. Cristianitos Canyon ...... Excluded under section 587 ac (238 ha) ...... 587 ac (238 ha). 4(b)(2). 4h. Cristianitos Canyon South ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 4i. Blind Canyon ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. Unit 5: Northern San Diego County: 5a. Miller Mountain ...... Not designated, mostly hybrid Not proposed, only Brodiaea N/A. plants. santarosae present. 5b. Devil Canyon ...... 249 ac (101 ha) ...... 274 ac (111 ha) ...... 274 ac (111 ha). Unit 6: Oceanside: 6a. Alta Creek ...... Not designated, did not meet 72 ac (29 ha) ...... 72 ac (29 ha). the definition of critical habitat. 6b. Mesa Drive ...... Excluded under section 17 ac (7 ha) ...... 17 ac (7 ha). 4(b)(2). 6c. Mission View/Sierra Ridge ...... Not designated, did not meet 12 ac (5 ha) ...... 12 ac (5 ha). the definition of critical habitat. 6d. Taylor/Darwin ...... Excluded under section 35 ac (14 ha) ...... 35 ac (14 ha). 4(b)(2). 6e. Arbor Creek/Colucci ...... N/A ...... 94 ac (38 ha) ...... 94 ac (38 ha). Unit 7: Carlsbad 7a. Letterbox Canyon ...... Excluded under section 57 ac (23 ha) ...... 43 ac (17 ha); partially ex- 4(b)(2). cluded under section 4(b)(2); 2 ac (1 ha) removed—do not meet the definition of critical habitat. 7b. Rancho Carrillo ...... Not designated, did not meet 37 ac (15 ha) ...... 37 ac (15 ha). the definition of critical habitat.

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Unit/Subunit No. and name ** 2005 fCH 2009 prCH 2011 frCH

7c. Calavera Hills Village H ...... Excluded under section 71 ac (29 ha) ...... 26 ac (11 ha); partially ex- 4(b)(2). cluded under section 4(b)(2). 7d. Villages of La Costa (Rancho La Costa) Excluded under section 98 ac (40 ha) ...... Excluded under section 4(b)(2). 4(b)(2). Carlsbad Oaks ...... Excluded under section Not proposed, does not meet N/A. 4(b)(2). the definition of critical habitat. Carlsbad Highlands ...... Excluded under section Not proposed, does not meet N/A. 4(b)(2). the definition of critical habitat. Poinsettia ...... Excluded under section Not proposed, does not meet N/A. 4(b)(2). the definition of critical habitat. Unit 8: San Marcos and Vista: 8a. Rancho Santa Fe Road North ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 8b. Rancho Santalina/Loma Alta ...... Not included under section 47 ac (19 ha) ...... 47 ac (19 ha). 3(5)(A). 8c. Grand Avenue ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 8d. Upham ...... 54 ac (22 ha) ...... 54 ac (22 ha) ...... 54 ac (22 ha). 8e. Linda Vista ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. 8f. Oleander/San Marcos Elementary ...... N/A ...... 7 ac (3 ha) ...... 7 ac (3 ha). Unit 9: 9. Double LL Ranch ...... Not designated, did not meet N/A ...... N/A. the definition of critical habitat. Unit 10: 10. Highland Valley ...... Not designated; could not N/A ...... N/A. verify occurrence. Unit 11: Western Riverside County: 11a. San Jacinto Wildlife Area ...... Excluded under section 401 ac (162 ha) ...... 401 ac (162 ha). 4(b)(2). 11b. San Jacinto Avenue/Dawson Road ..... Excluded under section 117 ac (47 ha) ...... 117 ac (47 ha). 4(b)(2). 11c. Case Road ...... Excluded under section 180 ac (73 ha) ...... 180 ac (73 ha). 4(b)(2). 11d. Railroad Canyon ...... Excluded under section 257 ac (104 ha) ...... 257 ac (104 ha). 4(b)(2). 11e. Upper Salt Creek (Stowe Pool) ...... Excluded under section 145 ac (59 ha) ...... 145 ac (59 ha). 4(b)(2). 11f. Santa Rosa Plateau—Mesa de Colo- Excluded under section 234 ac (95 ha) ...... 13 ac (5 ha); partially ex- rado. 4(b)(2). cluded under section 4(b)(2). Santa Rosa Plateau—Tenaja Rd ...... Excluded under section Not proposed; only Brodiaea N/A. 4(b)(2). santarosae present. 11g. Santa Rosa Plateau—South of Tenaja Excluded under section 117 ac (47 ha) ...... Excluded under section Rd. 4(b)(2). 4(b)(2). 11h. Santa Rosa Plateau—North of Tenaja Excluded under section 44 ac (18 ha) ...... Excluded under section Rd. 4(b)(2). 4(b)(2). East of Tenaja Guard Station ...... Excluded under section Not proposed, does not meet N/A. 4(b)(2). the definition of critical habitat. N. End Redondo Mesa ...... Excluded under section Not proposed, does not meet N/A. 4(b)(2). the definition of critical habitat. Corona (north) ...... Not designated, could not N/A ...... N/A. verify occurrence. Corona (south) ...... Not designated, could not N/A ...... N/A. verify occurrence. Moreno Valley ...... Not designated, could not N/A ...... N/A. verify occurrence. Unit 12: San Diego County:

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Unit/Subunit No. and name ** 2005 fCH 2009 prCH 2011 frCH

12. Artesian Trails ...... N/A ...... 109 ac (44 ha) ...... 105 ac (43 ha); partially excluded under section 4(b)(2). TOTAL FOR NON-MILITARY LANDS ...... 597 ac (242 ha) ...... 3,786 ac (1,532 ha) ...... 2,945 ac (1,193 ha). Marine Corps Base Camp Pendleton: Cristianitos Canyon Pendleton ...... N/A ...... 4(a)(3) exemption ...... 4(a)(3) exemption. Bravo One ...... 4(a)(3) exemption ...... 4(a)(3) exemption ...... 4(a)(3) exemption. Bravo Two South ...... N/A ...... 4(a)(3) exemption ...... 4(a)(3) exemption. Alpha One/Bravo Three ...... 4(a)(3) exemption ...... Does not meet the definition N/A. of critical habitat. Basilone/San Mateo Junction ...... N/A ...... 4(a)(3) exemption ...... 4(a)(3) exemption. Camp Horno ...... 4(a)(3) exemption ...... 4(a)(3) exemption ...... 4(a)(3) exemption. SE Horno Summit ...... 4(a)(3) exemption ...... Does not meet the definition N/A. of critical habitat. Kilo One ...... 4(a)(3) exemption ...... Does not meet the definition N/A. of critical habitat. Pilgrim Creek ...... N/A ...... 4(a)(3) exemption ...... 4(a)(3) exemption. South White Beach ...... N/A ...... 4(a)(3) exemption ...... 4(a)(3) exemption. TOTAL FOR MILITARY LANDS*** 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha). TOTALS 597 ac (242 ha) ...... 3,786 ac (1,532 ha) ...... 2,947 ac (1,193 ha). * This table does not include all locations that are occupied by Brodiaea filifolia. It includes only those locations that have met the definition of critical habitat in this or one of the past proposed or final critical habitat rules for B. filifolia. ** Values in this table and the following text may not sum due to rounding. *** Military Lands are exempt from this rule under section 4(a)(3) of the Act.

TABLE 2—NAME CHANGES FROM THE 2005 FINAL CRITICAL HABITAT DESIGNATION FOR BRODIAEA FILIFOLIA TO THIS FINAL REVISED CRITICAL HABITAT DESIGNATION

Subunit No. Previous name Current name Reason for change

6c ...... Oceanside East/Mission Ave ...... Mission View/Sierra Ridge ...... Not the eastern most occurrence in Oceanside. 7a ...... Fox-Miller ...... Letterbox Canyon ...... Includes more properties than just Fox- Miller. 7c ...... Calavera Heights ...... Calavera Hills Village H ...... New name is more specific. 11b ...... San Jacinto Floodplain ...... San Jacinto Avenue/Dawson Road ...... New name is more specific. 11c ...... Case Road Area ...... Case Road ...... New name is more specific.

Summary of Changes From the 2009 also determined that exclusion of these also determined that exclusion of these Proposed Revised Critical Habitat Rule areas will not result in extinction of the areas will not result in extinction of the species. Therefore, we are exercising our species. Therefore, we are exercising our The most significant changes between delegated discretion to exclude these delegated discretion to exclude these the December 2009 proposed revision lands from this revised critical habitat lands from this revised critical habitat and this final revised rule are outlined designation under section 4(b)(2) of the designation under section 4(b)(2) of the in Table 1 above and include: Act. For a complete discussion of the Act. For a complete discussion of the (1) In the proposed revised rule, we benefits of inclusion and exclusion, see benefits of inclusion and exclusion, see considered lands covered by the Exclusions Under Section 4(b)(2) of the Exclusions Under Section 4(b)(2) of the Southern Subregion Natural Community Act section below. Act section below. Conservation Plan/Master Streambed (2) In the proposed revised rule, we (3) We have determined that 2 ac (1 Alteration Agreement/Habitat considered lands covered by the ha) of land in Subunit 7a do not meet Conservation Plan, now known as the Carlsbad Habitat Management Plan the definition of critical habitat for Orange County Southern Subregion (HMP) under the San Diego Multiple Brodiaea filifolia because they do not HCP, for exclusion under section 4(b)(2) Habitat Conservation Program (MHCP) contain habitat suitable for the species. of the Act. We have now analyzed each for exclusion under section 4(b)(2) of We are therefore not including these of the areas considered for exclusion the Act. We have now analyzed each of areas in the revised critical habitat under the Orange County Southern the areas considered for exclusion under designation. Subregion HCP, and have determined the Carlsbad HMP, and have determined (4) In the proposed revised rule, we that the benefits of exclusion outweigh that the benefits of exclusion outweigh considered lands within the Western the benefits of inclusion for the benefits of inclusion for Riverside County Multiple Species approximately 192 ac (78 ha) of approximately 156 ac (63 ha) of Habitat Conservation Plan (Western proposed revised critical habitat in proposed revised critical habitat in Riverside County MSHCP) planning Subunit 4b that are covered by the Subunits 7a, 7c, and 7d that are covered area for exclusion under section 4(b)(2) Orange County Southern Subregion HCP by the Carlsbad HMP under the MHCP of the Act. We have now analyzed each and are conserved and managed. We and are conserved and managed. We of the areas considered for exclusion

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under the Western Riverside County (b) Which may require special appropriate quantity and spatial MSHCP, and have determined that the management considerations or arrangement essential to the benefits of exclusion outweigh the protection; and (2) Specific areas conservation of the species. Critical benefits of inclusion for approximately outside the geographical area occupied habitat designations identify, to the 381 ac (154 ha) of proposed revised by the species at the time it is listed, extent known using the best scientific critical habitat in Subunits 11g, 11h, upon a determination that such areas data available, habitat areas that provide and a portion of Subunit 11f that are are essential for the conservation of the essential life cycle needs of the species covered by the Western Riverside species. (i.e., areas on which are found the PCEs County MSHCP and are conserved and Conservation, as defined under laid out in the appropriate quantity and managed. We also determined that section 3 of the Act, means the use of spatial arrangement essential to the exclusion of these lands will not result all methods and procedures that are conservation of the species). Under the in extinction of the species. Therefore, necessary to bring any endangered or Act and regulations at 50 CFR 424.12, we are exercising our delegated threatened species to the point at which we can designate critical habitat in areas discretion to exclude these lands from the measures provided under the Act outside the geographical area occupied this revised critical habitat designation are no longer necessary. Such methods by the species at the time it is listed as under section 4(b)(2) of the Act. For a and procedures include, but are not critical habitat only when we determine complete discussion of the benefits of limited to, all activities associated with that those areas are essential for the inclusion and exclusion, see Exclusions scientific resources management, such conservation of the species and that Under Section 4(b)(2) of the Act section as research, census, law enforcement, designation limited to the geographical below. habitat acquisition and maintenance, area occupied at the time of listing propagation, live trapping, (5) In the proposed revised rule, we would be inadequate to ensure the transplantation, and, in the considered lands covered by the San conservation of the species. extraordinary case where population Section 4 of the Act requires that we Diego Multiple Species Conservation pressures within a given ecosystem designate critical habitat on the basis of Program (MSCP) for exclusion under cannot otherwise be relieved, may the best scientific and commercial data section 4(b)(2) of the Act. We have now include regulated taking. available. Further, our Policy on analyzed each of the areas considered Critical habitat receives protection Information Standards Under the for exclusion under the MSCP, and have under section 7 of the Act through the Endangered Species Act (published in determined that the benefits of prohibition against Federal agencies the Federal Register on July 1, 1994 (59 exclusion outweigh the benefits of carrying out, funding, or authorizing FR 34271)), the Information Quality Act inclusion for approximately 4 ac (2 ha) activities that are likely to result in the (44 U.S.C. 3516), and our associated of proposed revised critical habitat in destruction or adverse modification of Information Quality Guidelines, provide Unit 12 that are under the County of San critical habitat. Section 7(a)(2) of the Act criteria, establish procedures, and Diego Subarea Plan and are conserved requires consultation on Federal actions provide guidance to ensure that our and managed. We also determined that that may affect critical habitat. The decisions are based on the best scientific exclusion of these lands will not result designation of critical habitat does not and commercial data available. They in extinction of the species. Therefore, affect land ownership or establish a require our biologists, to the extent we are exercising our delegated refuge, wilderness, reserve, preserve, or consistent with the Act and with the use discretion to exclude these lands from other conservation area. Such of the best scientific and commercial this revised critical habitat designation designation does not allow the data available, to use primary and under section 4(b)(2) of the Act. For a government or public to access private original sources of information as the complete discussion of the benefits of lands. Such designation does not basis for recommendations to designate inclusion and exclusion, see Exclusions require implementation of restoration, critical habitat. Under Section 4(b)(2) of the Act section recovery, or enhancement measures by When we are determining which areas below. private landowners. Where a landowner should be designated as critical habitat, (6) A number of comments we requests Federal agency funding or our primary source of information is received suggested editorial changes authorization for an action that may generally the information developed and technical corrections to sections of affect a listed species or critical habitat, during the listing process for the the rule pertaining to the Background the consultation requirements of section species. Additional information sources and Criteria Used To Identify Critical 7(a)(2) would apply, but even in the may include the recovery plan for the Habitat sections of the proposed revised event of a destruction or adverse species, articles in peer-reviewed rule. These changes were recommended modification finding, the landowner’s journals, conservation plans developed to improve clarity, include additional obligation is not to restore or recover the by States and counties, scientific status information, and correct minor errors. species, but to implement reasonable surveys and studies, biological They have been incorporated into this and prudent alternatives to avoid assessments, or other unpublished final rule, where appropriate. destruction or adverse modification of materials and expert opinion or critical habitat. personal knowledge. Substantive Critical Habitat For inclusion in a critical habitat comments received in response to Background designation, the habitat within the proposed critical habitat designations geographical area occupied by the are also considered. Critical habitat is defined in section species at the time of listing must Habitat is often dynamic, and species 3(5)(A) of the Act as: (1) The specific contain physical or biological features may move from one area to another over areas within the geographical area that are essential to the conservation of time. Climate change will be a particular occupied by the species, at the time it the species, and be included only if challenge for biodiversity because the is listed in accordance with the Act, on those features may require special interaction of additional stressors which are found those physical or management considerations or associated with climate change and biological features: protection. The physical and biological current stressors may push species (a) Essential to the conservation of the features are the primary constituent beyond their ability to survive (Lovejoy species and elements (PCEs) laid out in the 2005, pp. 325–326). The synergistic

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implications of climate change and include in this revised critical habitat historical, geographical, and ecological habitat fragmentation are the most designation. Additionally, we recognize distributions of a species. threatening facet of climate change for that critical habitat designated at a We derive the PCEs required for biodiversity (Hannah et al. 2005, p. 4). particular point in time may not include Brodiaea filifolia from its biological Current climate change predictions for all of the habitat areas that we may later needs. The areas included in our revised terrestrial areas in the Northern determine are necessary for the recovery critical habitat for B. filifolia contain the Hemisphere indicate warmer air of the species. For these reasons, a appropriate soils and associated temperatures, more intense critical habitat designation does not vegetation at suitable elevations, and precipitation events, and increased signal that habitat outside the adjacent areas necessary to maintain summer continental drying (Field et al. designated area is unimportant or may associated physical processes such as a 1999, pp. 1–3; Hayhoe et al. 2004, p. not promote the recovery of the species. suitable hydrological regime. The areas 12422; Cayan et al. 2005, p. 6; Areas that support occurrences of the provide suitable habitat, water, Intergovernmental Panel on Climate species, but are outside the critical minerals, and other physiological needs Change (IPCC) 2007, p. 11; Cayan et al. habitat designation, will continue to be for reproduction and growth of B. 2009, p. xi). Additionally, the subject to conservation actions we and filifolia, as well as habitat that supports southwestern region of the country is other Federal agencies implement under pollinators of B. filifolia. The PCEs and predicted to become drier and hotter section 7(a)(1) of the Act. In these areas, the resulting physical and biological overall (Hayhoe et al. 2004, p. 12424; the species is also subject to the features essential to the conservation of Seager et al. 2007, p. 1181). Climate regulatory protections afforded by the B. filifolia are derived from studies of change may also affect the duration and section 7(a)(2) jeopardy standard, as this species’ habitat, ecology, and life frequency of drought and these climatic determined on the basis of the best history as described in the Background changes may become even more scientific and commercial information section of the proposed revised rule (74 dramatic and intense (Graham 1997). available at the time of the agency FR 64930; December 8, 2009), the Documentation of climate-related action. Federally funded or permitted previous critical habitat rule (70 FR changes that have already occurred in projects affecting listed species outside 73820; December 13, 2005), and in the California (Croke et al. 1998, pp. 2128, their designated critical habitat areas final listing rule (63 FR 54975; October 13, 1998). 2130; Brashears et al. 2005, p. 15144), may still result in jeopardy findings in and future drought predictions for some cases. Similarly, critical habitat Space for Individual and Population California (e.g., Field et al. 1999, pp. 8– designations made on the basis of the Growth and for Normal Behavior 10; Lenihen et al. 2003, p. 1667; Hayhoe best available information at the time of et al. 2004, p. 12422; Brashears et al. Habitats that provide space for growth designation will not control the and persistence of Brodiaea filifolia 2005, p. 15144; Seager et al. 2007, p. direction and substance of future 1181) and North America (IPCC 2007, p. include areas: (1) With combinations of recovery plans, HCPs, or other species appropriate elevation and clay or clay- 9) indicate prolonged drought and other conservation planning efforts if new climate-related changes will continue in associated soils, on mesas or low to information available to these planning moderate slopes that support open the foreseeable future. efforts calls for a different outcome. We anticipate these changes could native or annual grasslands within open affect a number of native plants, Primary Constituent Elements coastal sage scrub or coastal sage scrub- including Brodiaea filifolia habitat and chaparral communities; (2) in Physical and Biological Features occurrences. For example, if the amount floodplains or in association with vernal and timing of precipitation or the In accordance with section 3(5)(A)(i) pool or playa complexes that support average temperature increases in of the Act and regulations at 50 CFR various grassland, scrub, or riparian southern California, the following four 424.12(b), in determining which areas herb communities; (3) on soils derived changes may affect the long-term occupied by the species at the time of from olivine basalt lava flows on mesas viability of B. filifolia occurrences in listing to designate as critical habitat, and slopes that support vernal pools their current habitat configuration: we consider those physical or biological within grassland, oak woodland, or (1) Drier conditions may result in a features that are essential to the savannah communities; or (4) on sandy lower germination rate and smaller conservation of the species that may loam soils derived from basalt and population sizes; require special management granodiorite parent material with (2) A shift in the timing of annual considerations or protection. We deposits of cobbles and boulders rainfall may favor nonnative species consider the physical or biological supporting intermittent seeps, and open that impact the quality of habitat for this features to be the PCEs laid out in the marsh communities. Despite the wide species; appropriate quantity and spatial range of habitats where B. filifolia (3) Warmer temperatures may affect arrangement essential to the occurs, this species occupies a specific the timing of pollinator life-cycles conservation of the species. The PCEs niche of habitat that is moderately wet causing pollinators to become out-of- include, but are not limited to: to occasionally wet. sync with timing of flowering B. (1) Space for individual and Food, Water, Air, Light, Minerals, or filifolia; and population growth and for normal (4) Drier conditions may result in Other Nutritional or Physiological behavior; increased fire frequency, making the Requirements ecosystems in which B. filifolia (2) Food, water, air, light, minerals, or All members of the genus Brodiaea currently grows more vulnerable to the other nutritional or physiological require full sun and many tend to occur threats of subsequent erosion and requirements; on only one or a few soil series (Niehaus nonnative or native plant invasion. (3) Cover or shelter; 1971, pp. 26–27). Brodiaea filifolia At this time, we are unable to identify (4) Sites for breeding, reproduction, occurs on several formally named soil the specific ways that climate change and rearing (or development) of series, but most (if not all) of these are may impact Brodiaea filifolia; therefore, offspring; and primarily clay soils with varying we are unable to determine if any (5) Habitats that are protected from amounts of sand and silt. In this rule, additional areas may be appropriate to disturbance or are representative of the we listed all the mapped soils that

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overlap with the distribution of B. vegetated with open native or nonnative incompatible and it cannot sexually filifolia. Sometimes clay soils occur as grassland or oak woodland savannah reproduce without the aid of insect inclusions within other soil series; as communities. pollinators. A variety of insects are such, we have named those other soil In some areas in northern San Diego known to cross-pollinate Brodiaea series in this rule. Another reason that County and southwestern Riverside species, including tumbling flower there are many differently named soil County, the species is found on sandy beetles (Mordellidae, Coleoptera) and series is because this species occurs in loam soils derived from basalt and sweat bees (Halictidae, Hymenoptera; five counties, each of which has granodiorite parent materials; deposits Niehaus 1971, p. 27). Bell and Rey uniquely named soils. In some areas in of gravel, cobble, and boulders; or (1991, p. 3) report that native bees northern San Diego County and hydrologically fractured, weathered observed pollinating B. filifolia on the southwestern Riverside County, the granite in intermittent streams and Santa Rosa Plateau in Riverside County species is identified with mapped soils seeps. These soils and deposits are include Bombus californicus (Apidae, with no known clay component; generally vegetated by open riparian Hymenoptera), Hoplitus sp. however, closer study and sight specific and freshwater marsh communities (Megachilidae, Hymenoptera), Osmia sampling may show these soils contain associated with intermittent drainages, sp. (Megachilidae, Hymenoptera), and clay in the specific areas supporting B. floodplains, and seeps. These soils an unidentified Anthophorid (digger- filifolia. Despite this issue and the facilitate the natural process of seed bee). Anthophoridae and Halictidae are diversity in named soil series, B. filifolia dispersal and germination, cormlet important pollinators of B. filifolia, as is considered a clay soils endemic. disposition or movement to an shown at a study site in Orange County In San Diego, Orange, and Los appropriate soil depth, and corm (Glenn Lukos Associates 2004, p. 3). Angeles Counties, occurrences of persistence through seedling and adult Supporting and maintaining pollinators Brodiaea filifolia are highly correlated phases of flowering and fruit set. and pollinator habitat is essential to the with specific clay soil series such as, but Habitats That Are Protected From conservation of B. filifolia because this not limited to: Alo, Altamont, Auld, and Disturbance or Are Representative of the species cannot set viable seed without Diablo or clay lens inclusions in a Historical, Geographical, and Ecological cross-pollination. matrix of loamy soils such as Fallbrook, Of primary concern to the Distributions of the Species Huerhuero, and Las Flores series (63 FR conservation of Brodiaea filifolia are 54975, p. 54978; CNDDB 2009, pp. 1– The conservation of Brodiaea filifolia solitary bees (such as sweat bees 76; Service Geographic Information is dependent on several factors (Hoplitus sp. and Osmia sp.)) because System (GIS) data 2009; USDA 1994). including, but not limited to, these are the pollinators that have the These soils generally occur on mesas maintenance of areas of sufficient size most specific habitat requirements (such and hillsides with gentle to moderate and configuration to sustain natural as nesting requirements) and are slopes, or in association with vernal ecosystem components, functions, and impacted by fragmentation and reduced pools. These soils are generally processes (such as full sun exposure, diversity of natural habitats at a small vegetated with open native or nonnative natural fire and hydrologic regimes, scale (Gathmann and Tscharntke 2002, grassland, open coastal sage scrub, or adequate biotic balance to prevent p. 757; Steffan-Dewenter 2003, p. 1041; open coastal sage scrub-chaparral excessive herbivory); protection of Shepherd 2009, pers. comm.). Due to communities. In San Bernardino existing substrate continuity and the focused foraging habits of solitary County, the species is associated with structure, connectivity among groups of bees, we believe that these insects may Etsel family-Rock outcrop-Springdale plants of this species within geographic be the most important to the successful and Tujunga-Urban land-Hanford soils proximity to facilitate gene flow among reproduction of B. filifolia. To sustain (Service 2009a, Service GIS data). These the sites through pollinator activity and an active pollinator community for B. soils are generally vegetated with open seed dispersal; and sufficient adjacent filifolia, alternative pollen or food native and nonnative grassland, open suitable habitat for vegetative source plants may be necessary for the coastal sage scrub, or open coastal sage reproduction and population expansion. persistence of these insects when B. scrub-chaparral communities. A natural, generally intact surface and filifolia is not in flower. It is also In western Riverside County, the subsurface soil structure, perhaps necessary for nest sites for pollinators to species is often found on alkaline silty- lightly impacted, but not permanently be located within flying distance of B. clay soil series such as, but not limited altered by anthropogenic land use filifolia occurrences. to, Domino, Grangeville, Waukena, and activities (such as deep, repetitive Bombus spp. (bumblebees) may also Willows underlain by a clay subsoil or discing, or grading), and associated be important to the pollination of caliche (a hardened gray deposit of physical processes such as a natural Brodiaea filifolia, however, these insects calcium carbonate). These soils hydrological regime is necessary to may be able to travel greater distances generally occur in low-lying areas and provide water, minerals, and other and cross fragmented landscapes to floodplains or are associated with vernal physiological needs for Brodiaea pollinate B. filifolia. In a study of pool or playa complexes. These soils are filifolia. A natural hydrological regime experimental isolation and pollen generally vegetated with open native includes seasonal hydration followed by dispersal of Delphinium nuttallianum and nonnative grassland, alkali drying out of the substrate to promote (Nuttall’s larkspur), Schulke and Waser grassland, or alkali scrub communities. growth of plants and new corms for the (2001, pp. 242–243) report that adequate Also in western Riverside County, the following season. These conditions are pollen loads were dispersed by species is found on clay loam soils also necessary for the normal bumblebees within control populations underlain by heavy clays derived from development of seedlings and young and in isolated experimental basalt lava flows (i.e., Murrieta series on vegetative cormlets. ‘‘populations’’ from 164 to 1,312 feet (ft) the Santa Rosa Plateau) (Bramlet 1993, (50 to 400 meters (m)) from the control p. 1; CNDDB 2009, pp. 1–76; Service Habitat for Pollinators of Brodiaea populations. One of several pollinator 2009a, Service GIS data). These soils filifolia taxa effective at 1,312 ft (400 m) was generally occur on mesas and gentle to Cross-pollination is essential for the Bombus californicus (Schulke and moderate slopes or are associated with survival and recovery of Brodiaea Waser 2001, pp. 240–243), which was basalt vernal pools. These soils are filifolia because this species is self- also one of four bee species observed

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pollinating B. filifolia by Bell and Rey bees forage at this scale and that if (B) Soils (such as Cieneba-rock (1991, p. 2). Studies by Steffan- fragmentation occurs at this scale the outcrop complex and Ramona family- Dewenter and Tscharntke (2000, p. 293) presence of solitary bees will decrease Typic Xerothents soils) altered by demonstrated that it is possible for bees (Steffan-Dewenter et al. 2002, pp. 1027– hydrothermal activity occurring to forage as far as 4,920 ft (1,500 m) from 1029; Shepherd 2009, pers. comm.). between the elevations of 1,000 and a colony, and at least one study suggests Insects that travel greater distances than 2,500 ft (305 and 762 m). that bumblebees may forage many 1,800 ft (549 m) on average may also (C) Silty loam soil series underlain by kilometers away (Sudgen 1985, p. 308). find habitat within 820 ft (250 m) of B. a clay subsoil or caliche that are Bumblebees may be effective at filifolia occurrences. It is also possible generally poorly drained, moderately to transferring pollen between occurrences that insects flying greater than 1,800 ft strongly alkaline, granitic in origin of B. filifolia because they are larger and (549 m) are flying in from greater (such as Domino, Grangeville, Traver, have been found pollinating plants at distances (Bombus californicus and Waukena, or Willows) occurring distances of 1,312 to 4,920 ft (400 to Anthophora) and are living in habitats between the elevations of 600 and 1,800 1,500 m). However, the visits and that are not directly connected with ft (183 and 549 m). focused effort of bumblebees may be areas supporting B. filifolia. Delineating (D) Clay loam soil series (such as less frequent than ground-nesting bees. a pollinator use area larger than 820 ft Murrieta) underlain by heavy clay loams Ground-nesting solitary bees appear (250 m) around B. filifolia would or clays derived from olivine basalt lava to have limited dispersal and flight capture habitat that may not directly flows occurring between the elevations abilities (Thorp and Leong 1995, p. 7). contribute to the conservation of B. of 1,700 and 2,500 ft (518 and 762 m). Studies have shown that as areas are filifolia. Including habitat extending (E) Sandy loam soils derived from fragmented by development, remaining beyond the perimeters of mapped basalt and granodiorite parent materials; habitat areas have reduced pollinator occurrences of B. filifolia by up to 820 deposits of gravel, cobble, and boulders; diversity (Steffan-Dewenter 2003, p. ft (250 m) in the PCEs is necessary to or hydrologically fractured, weathered 1041). If pollinators are eliminated from support pollinator activity in critical granite in intermittent streams and seeps occurring between 1,800 and an occurrence, Brodiaea filifolia will no habitat, support the sexual reproduction 2,500 ft (549 and 762 m). longer be able to reproduce sexually. Of of B. filifolia, and provide for gene flow, (2) PCE 2—Areas with a natural, the native bees that have been observed pollen dispersal, and seed dispersal. pollinating B. filifolia, solitary ground- generally intact surface and subsurface nesting bees are the most sensitive to Primary Constituent Elements for soil structure, not permanently altered habitat disturbance and the most likely Brodiaea filifolia by anthropogenic land use activities (such as deep, repetitive discing, or to be lost from an area. Sweat bees, Under the Act and its implementing Holitus, and Osmia (mason bees), fly grading), extending out up to 820 ft (250 regulations, we are required to identify m) from mapped occurrences of approximately 900 to 1,500 ft (274 to the physical or biological features 457 m), 600 to 900 ft (183 to 274 m), and Brodiaea filifolia to provide for space essential to the conservation of Brodiaea for individual population growth, and 600 to 1,800 ft (183 to 549 m), filifolia and that may require special respectively (Shepherd 2009, pers. space for pollinators. management considerations or This revision to the previous critical comm.). Bombus californicus (family protection. The physical or biological Apidae) and digger bees (family Apidae) habitat designation is designed for the features essential to the conservation of conservation of those areas containing fly further, generally more than 2,640 ft the species are those PCEs laid out in an (804 m) (Shepherd 2009, pers. comm.). PCEs necessary to support the species’ appropriate quantity and spatial life history traits. All units/subunits of These flight distances are important in arrangement determined to be essential determining what habitat associated the revised critical habitat contain one to the conservation of the species. All with B. filifolia occurrences provides of the specific soil components final revised critical habitat areas for B. habitat for this species’ pollinators. identified in PCE 1, which facilitate the filifolia are currently occupied, are Conserving habitat where these natural process of seed dispersal and within the geographical area occupied pollinators nest and forage will sustain germination, cormlet disposition or by the species at the time of listing, and an active pollinator community and movement to an appropriate soil depth, contain sufficient PCEs to support at provide for the cross-pollination of B. and corm persistence through seedling least one life history function of the filifolia. and adult phases of flowering and fruit In our review of the data on species (see the Spatial Distribution and set (see Habitat section of the proposed pollinators of Brodiaea filifolia in the Historical Range section of the proposed revised critical habitat rule for this 2005 critical habitat rule, we revised rule). species (74 FR 64932)), and have determined that an 820-ft (250-m) area Based on our current knowledge of natural, generally intact surface and around each occurrence identified in the life history, biology, and ecology of subsurface soil structure necessary to the critical habitat would provide Brodiaea filifolia, and the requirements provide water, minerals, and other adequate space to support B. filifolia’s of the habitat to sustain the life-history physiological needs for the species and pollinators. In the 2005 critical habitat traits of the species, we determined that support habitat for pollinators, which rule, we based the 820-ft (250-m) the PCEs specific to B. filifolia are: facilitate reproduction, as identified in distance on a conservative estimate for (1) PCE 1—Appropriate soil series at PCE 2. These two factors are sufficient the mean routine flight distance for a range of elevations and in a variety of to support life-history traits of Brodiaea bees. This distance represents an plant communities, specifically: filifolia in the units/subunits we estimate of flight distance for pollinators (A) Clay soil series of various origins designate as revised critical habitat. In that fly an average of less than 1,800 ft (such as Alo, Altamont, Auld, or general, we designate units/subunits (549 m) (i.e., the maximum distance Diablo), clay lenses found as unmapped based on the presence of the PCEs in the observed by known pollinators of B. inclusions in other soils series, or loamy appropriate quantity and spatial filifolia except Bombus californicus). soils series underlain by a clay subsoil arrangement essential to the Research supports this distance, as (such as Fallbrook, Huerhuero, or Las conservation of the species. In the case studies looking at areas with a radius of Flores) occurring between the elevations of this designation, all of the units/ 820 ft (250 m) have found that solitary of 100 and 2,500 ft (30 and 762 m). subunits contain both of the PCEs.

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Special Management Considerations or community that it inhabits. has addressed the negative impacts that Protection Additionally, invasive species may manure dumping has on species such as When designating critical habitat compete with B. filifolia for space and B. filifolia and Navarretia fossalis and within the geographical area occupied resources by depleting water that would their habitats through the enactment of by the species at the time of listing, we otherwise be available to B. filifolia. Ordinance 1666 (i.e., the ordinance that assess whether the physical or Management activities including (but prevents manure dumping activities and biological features essential to the not limited to) nonnative plant removal educates its citizens). We will continue conservation of the species may require and control are needed to reduce this to work with Riverside County and special management considerations or threat. permittees of the Western Riverside Unauthorized recreational activities protection. In all units/subunits, special County MSHCP to address activities that may impact the vegetation composition may impact the species within the management considerations or and soil structure that supports Western Riverside County MSHCP plan protection of the essential features may Brodiaea filifolia to an extent that the area. be required to provide for the growth, area will no longer have intact soil The Service is aware of occurrences of reproduction, and sustained function of surfaces or the plant communities some hybrids within the range of the habitat on which Brodiaea filifolia identified in the PCEs. Off-highway Brodiaea filifolia in Subunit 5b (Devil depends. vehicle (OHV) activity is an example of Canyon) in northwestern San Diego The lands designated as revised this type of activity. Management County (Chester et al. 2007, p. 193). The critical habitat represent our best activities such as (but not limited to) presumed parent taxa of these hybrids assessment of the habitat that meets the fencing or other barriers to unauthorized are considered to be B. filifolia and B. definition of critical habitat for Brodiaea access, signage, and monitoring are orcuttii because of the apparent filifolia at this time. The essential needed to address this threat. morphological intermediacy of the physical or biological features within Some methods of mowing or discing individuals and proximity of their the areas designated as revised critical for agricultural purposes or fuel ranges. This is supported by the close habitat may require some level of modification for fire management may relationship of the two species noted management to address current and preclude the full and natural above. Although there are some hybrids future threats to B. filifolia, including development of Brodiaea filifolia by of B. filifolia and B. orcuttii in this the direct and indirect effects of habitat adversely affecting the PCEs. Mowing subunit, it is likely that a minimum of loss and degradation from urban may preclude the successful 850 plants are pure B. filifolia (Service development; the introduction of reproduction of the plant, or alter the 2009b, p. 15) (we consider occurrences nonnative invasive plant species; associated vegetation needed for that have between 850 and 3,000 recreational activities; discing and pollinator activity (PCE 2). Dumping of flowering stems observed in multiple mowing for agricultural practices or fuel sewage sludge can cover plants as well years to be stable and persistent because modification for fire management; as the soils they need. Additionally, this we expect these occurrences to have a dumping of manure and sewage sludge; practice can alter the chemistry of the sufficient amount of corms to sustain and hybridization with other species of substrate and lead to alterations in the the occurrence for a number of years if Brodiaea. vegetation supported at the site (PCE 1). the habitat remains unaltered (see Loss and degradation of habitat from Management activities such as (but not Criteria Used section below)). Plants of development was cited in the final limited to) fencing, signage, and hybrid origin have also been reported in listing rule as a primary cause for the education of landowners and land Subunit 8d (Upham) in the City of San decline of Brodiaea filifolia. Most of the managers about the detrimental effects Marcos (Chester et al. 2007, p. 191). populations of this species are located that mowing, discing, and dumping Chester et al. (2007) only found a few in San Diego, Orange, and Riverside sewage have on B. filifolia and its hybrid specimens at this location, counties. These counties have had (and habitat are needed to address this threat. therefore it is likely that a minimum of continue to have) increasing human Manure dumping on private property 850 plants are pure B. filifolia. populations and attendant housing along the San Jacinto River area is Hybridization could result in the loss of pressure. Natural areas in these counties impacting habitat within the Western portions of B. filifolia occurrences if are frequently near or bounded by Riverside County MSHCP plan area. other Brodiaea species are transplanted urbanized areas. Urban development These impacts are occurring despite adjacent to existing B. filifolia removes the plant community identification of these areas as occurrences, or if existing B. filifolia components and associated clay soils important for the survival and recovery occurrences are transplanted adjacent to identified in the PCEs, which eliminates of Brodiaea filifolia in the Western other Brodiaea species and the two or fragments the populations of B. Riverside County MSHCP. Manure species are able to hybridize. Informing filifolia. Grading, discing, and scraping dumping is not a covered activity under biological resource managers of the areas in the preparation of areas for the Western Riverside County MSHCP existence of this threat will help to keep urbanization also directly alters the soil and was not discussed as an impact to human-mediated hybridization from surface as well as subsurface soil layers B. filifolia in the Biological Opinion on occurring. to the degree that they will no longer the Western Riverside County MSHCP In summary, we find that the areas we support plant community types and (Service 2004b, pp. 378–386). As are designating as revised critical pollinators associated with B. filifolia outlined in the Western Riverside habitat contain the physical or (PCE 2). Conservation and management County MSHCP, we have been working biological features essential to the of B. filifolia habitat and adjacent with permittees to implement additional conservation of Brodiaea filifolia, and pollinator habitat is needed to address ordinances that will help to control that these features may require special the threat of development. activities (such as manure dumping) management considerations or Nonnative invasive plant species may that may impact the implementation of protection. Special management alter the vegetation composition or the Western Riverside County MSHCP considerations or protection may be physical structure identified in the PCEs conservation objectives. To date, the required to eliminate, or reduce to to an extent that the area does not City of Hemet is the only Western negligible level, the threats affecting support Brodiaea filifolia or the plant Riverside County MSHCP permittee that each unit/subunit and to preserve and

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maintain the essential features that the determining areas that contain the conditions and contribute to species revised critical habitat units/subunits physical or biological features that are recovery. provide to B. filifolia. Additional essential to the conservation of Brodiaea We also determined that habitat for discussions of threats facing individual filifolia. The data used for this revised pollinators is essential to the survival sites are provided in the individual critical habitat are summarized below. and recovery of this species because unit/subunit descriptions. This rule reflects the best available Brodiaea filifolia is self-incompatible The designation of critical habitat scientific and commercial information (genetically similar individuals are not does not imply that lands outside of and thus differs from our 2005 final able to produce viable seeds). Sexual critical habitat may not play an critical habitat rule. reproduction, facilitated through important role in the conservation of This section provides details of the pollination, is necessary for the long- Brodiaea filifolia. In the future, and with process we used to delineate critical term conservation of this species. changed circumstances, these lands may habitat. This final rule reflects a All critical habitat discussed in this become essential to the conservation of progression of conservation efforts for final revised critical habitat designation B. filifolia. Activities with a Federal Brodiaea filifolia that is largely based on is occupied by the species at the subunit nexus that may affect areas outside of the past analysis of the areas identified level, meaning that each subunit revised critical habitat, such as as meeting the definition of critical contains at least one known occurrence development, agricultural activities, and habitat for B. filifolia as identified in the of Brodiaea filifolia. Occupied areas road construction, are still subject to 2004 proposed critical habitat rule, the were determined from survey data and review under section 7 of the Act if they 2005 final critical habitat designation, element occurrence data in the may affect B. filifolia because Federal and new information we obtained on California Natural Diversity Database agencies must consider both effects to the species’ distribution since listing. (CNDDB) (CNDDB 2009, pp. 1–76). the plant and effects to critical habitat For some areas that were analyzed in Using GIS data in the areas identified as independently. The prohibitions of 2005 but determined not to meet the occupied by this species as a guide, we section 9 of the Act applicable to B. definition of critical habitat, we identified the areas that contain the filifolia under 50 CFR 17.71 (e.g., the received new distribution information physical and biological features prohibition against reducing to for the proposed revised rule that essential to the conservation of B. possession or maliciously damaging or resulted in determining that those areas filifolia. The essential features in each destroying listed plants on Federal do meet the definition of critical habitat. subunit are necessary for the lands) also continue to apply both There are also some areas identified as conservation of the occurrence within inside and outside of designated critical meeting the definition of critical habitat the subunit, which contributes to the habitat. in the 2005 critical habitat designation overall conservation of the species. that we did not include in the proposed To map the areas that meet the Criteria Used To Identify Critical revised rule and this final revised definition of critical habitat, we Habitat critical habitat designation because we identified areas that contain the PCEs in We determined that all areas we are determined, based on a review of the the appropriate quantity and spatial designating as final revised critical best available information, that they do arrangement essential to the habitat are within the geographical area not meet the definition of critical conservation of this species using the occupied by Brodiaea filifolia at the habitat. The specific differences from following criteria: (1) Areas supporting time of listing and are currently the 2005 designation of critical habitat occurrences on rare or unique habitat occupied (see the Spatial Distribution are summarized in the Summary of within the species’ range; (2) areas and Historical Range section of the Changes from the Proposed Revised supporting the largest known proposed revised critical habitat rule (74 Rule and the Previous Critical Habitat occurrences of Brodiaea filifolia; or (3) FR 64929; December 8, 2009) for more Designation section of this rule. areas supporting stable occurrences of information). We considered the areas Species and plant communities that B. filifolia that are likely to be outside the geographical area occupied are protected across their ranges are persistent. These criteria are explained by the species at the time of listing, but expected to have lower likelihoods of in greater detail below and a summary are not designating any areas outside the extinction (Soule and Simberloff 1986, of our analysis of all current and past geographical area occupied by B. p. 35; Scott et al. 2001, pp. 1297–1300). areas supporting B. filifolia is presented filifolia at the time of listing because we Genetic variation generally results from in Table 3. determined that a subset of occupied the effects of population isolation and We determined that the areas lands within the species’ historical adaptation to locally distinct supporting 36 of the 68 extant range are adequate to ensure the environments (Lesica and Allendorf occurrences meet the definition of conservation of B. filifolia. Occupied 1995, pp. 754–757; Hamrick and Godt critical habitat; of these 36 occurrences, areas exist throughout this species’ 1996, pp. 291–295; Fraser 2000, pp. 49– 7 are on Marine Corps Base Camp historical range, and through the 51). We sought to include the range of Pendleton (MCB Camp Pendleton) and conservation of a subset of occupied ecological conditions in which Brodiaea the areas are exempt from critical habitats (35 of 68 extant occurrences, filifolia is found to preserve the genetic habitat under section 4(a)(3) of the Act see Table 1), we will be able to stabilize variation that may reflect adaptation to (see Exemptions under Section 4(a)(3) of and conserve B. filifolia throughout its local environmental conditions, as the Act section below). Of the 29 current and historical range. All units/ documented in other plant species (such occurrences in areas proposed as subunits designated as revised critical as in Millar and Libby 1991, pp. 150, revised critical habitat (74 FR 64930; habitat contain the PCEs in the 152–155; or Hamrick and Godt 1996, pp. December 8, 2009), four are in areas appropriate quantity and spatial 299–301). A suite of locations that excluded from this final revised critical arrangement essential to the possess unique ecological habitat designation under section 4(b)(2) conservation of this species and support characteristics will represent more of of the Act (Subunits 7d, 8f, 11g, and multiple life-history traits for B. filifolia. the environmental variability under 11h), and eight are in areas partially As required by section 4(b) of the Act, which B. filifolia has evolved. Protecting excluded from this final revised critical we use the best scientific and these areas will promote the adaptation habitat designation under section 4(b)(2) commercial data available in of the species to different environmental of the Act (portions of Subunits 6a, 6d,

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7a, 7c, 8b, 11f, and Units 3 and 12) (see filifolia to provide adequate space to capture a sufficient area to allow for Exclusions under Section 4(b)(2) of the support the habitat and alternate food pollinators to nest, feed, and reproduce Act section below). Areas containing the sources needed for pollinators of B. in habitat that is adjacent and connected PCEs and that meet at least one of the filifolia. The 820-ft (250-m) distance for to the areas where B. filifolia grows (see above criteria are considered to contain determining the pollinator use area is Habitat for Pollinators of Brodiaea the physical and biological features based on a conservative estimate for the filifolia section above for a more essential to the conservation of the mean routine flight distance for ground- detailed explanation of pollinator species and, therefore, meet the nesting solitary bees that pollinate B. requirements and our derivation of the definition of critical habitat. Included in filifolia. This distance is not meant to 820-ft (250-m) distance used to PCE 2 are areas up to 820 ft (250 m) capture all habitat that is potentially determine the pollinator use area). from mapped occurrences of Brodiaea used by pollinators, but it is meant to BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Cleveland National Forest (CNF) for Los Criteria Used We identified habitat containing the Angeles and San Bernardino Counties; If habitat areas met one or more of the features essential to the conservation of and (3) Natural Resources Conservation following criteria, they were determined Brodiaea filifolia by using data from the Service’s Soil Survey Geographic to meet the definition of critical habitat following GIS databases: (1) Species Database (SSURGO) soil data layers for under section 3(5)(A)(i) of the Act. occurrence information in Los Angeles, Orange, Riverside, and San Diego (1) The first criterion is any area that San Bernardino, Orange, Riverside, and Counties, and State Soil Geographic supports an occurrence in rare or San Diego Counties from the CNDDB Database (STATSGO) soil data layers for unique habitat within the species’ range. and from survey reports; (2) vegetation Los Angeles and San Bernardino We evaluated all occurrences of data layers from Orange, Riverside, and Counties. Brodiaea filifolia under this criterion, San Diego Counties and vegetation data regardless of occurrence size. We layers from the U.S. Forest Service’s identified four main factors that

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constitute rare or unique habitat for B. (3) The third criterion is any area that partially excluded from this final filifolia: supports an occurrence considered to be revised critical habitat designation (a) Occurrences in habitat types that stable and persistent. We consider under section 4(b)(2) of the Act are uncommon such as grassland habitat occurrences that have between 850 and (portions of Subunits 7a, 7c, 11f, and that occurs intermixed with chaparral, 3,000 flowering stems that have been Units 3 and 12) (see Exclusions under grassland habitat that is associated with observed in multiple years to be stable Section 4(b)(2) of the Act section vernal pools, or large areas of native and persistent because we expect these below). grassland; occurrences to have a sufficient number The habitat areas that meet one or (b) Occurrences on uncommon soil of corms to sustain the occurrence for a more of the criteria represent the types such as clay soils that are altered number of years if the habitat remains historical range of the species, and are by hydrothermal activity; unaltered. These areas contribute to the adequate to provide for this species’ (c) Occurrences that grow along conservation of Brodiaea filifolia by conservation. Habitat areas and the ephemeral drainages in seep-type providing resilience for the species by occurrences they support that do not habitats; and decreasing the probability of the species meet any of the three criteria may still (d) Occurrences that grow in gravel, becoming extinct, and by contributing to be important to the conservation of this cobbles, and small boulder substrate. the genetic diversity of the species. The species, but without the conservation of These four unique situations differ conservation of these areas helps B. the habitat areas and occurrences from the majority of occurrences of this filifolia to maintain its current identified through this process, the species, which are found on clay soils geographic distribution, since these recovery effort for this species may be intermixed with coastal sage scrub resilient occurrences are found impaired. habitat. The conservation of Brodiaea throughout the range of the species. Other Factors Involved With Delineating filifolia occurring in these rare or unique This is particularly important for B. Critical Habitat filifolia because this species relies on situations will preserve the diversity of Following the identification of areas habitats where this species is found. outcrossing for successful reproduction. To determine if any additional areas supporting 36 occurrences of the 68 (2) The second criterion is any area extant occurrences that met one of the that supports one of the largest known met the third criterion, we looked at all occurrences with fewer than 850 3 criteria listed above, we mapped the populations of Brodiaea filifolia. flowering stalks to determine if any of area that contained the PCEs at each Occurrences of this species range from these exhibited the same persistence occurrence including habitat extending just a few plants to several thousand and stability characteristics to provide beyond the perimeters of mapped plants, while the majority of the known similar conservation value as the other occurrences of Brodiaea filifolia by up occurrences are under 3,000 plants (see identified occurrences with greater than to 820 ft (250 m) to provide adequate the Background section of the 2009 850 flowering stalks (since the counts space to support the habitat and proposed revised critical habitat rule for for an occurrence vary from year to alternate food sources needed for a discussion on how occurrences of B. year). We found that one occurrence pollinators of B. filifolia (see Habitat for filifolia are grouped and counted). with fewer than 850 flowering stalks (at Pollinators of Brodiaea filifolia section). However, there are 13 occurrences that the Arbor Creek/Colucci site) exhibited Areas that did not provide habitat for stand out as the largest, each having characteristics of a stable, persistent Brodiaea filifolia or potential pollinators greater than 3,000 plants. Occurrences occurrence (i.e., an occurrence of were removed from the 820-ft (250-m) supporting large numbers of plants consistent size not substantially less zone of mapped occurrences of B. (3,000 or more) are noted in Table 1 and than 850 flowering stalks); therefore, filifolia, such as areas that were are found in the following areas: this occurrence fulfills the ecological developed or severely altered by (a) Los Angeles County: Subunit 1b- role of sites we are interested in grading. Our mapping methodology San Dimas; identifying through this criterion, even captures the PCEs in the appropriate (b) Riverside County: Subunit 11c- though the high count at this site is 620 quantity and spatial arrangement Case Road, Subunit 11d-Railroad flowering stalks. essential to the conservation of the Canyon, and Subunit 11f-Santa Rosa Of the 68 occurrences of Brodiaea species, and encompasses the range of Plateau-Mesa de Colorado; filifolia that we identified as being environmental variability for this (c) Orange County: Unit 3–Aliso extant in our 5-year review for this species. Canyon, and Subunit 4g-Cristianitos species (Service 2009b), areas When determining the final revised Canyon; and supporting 36 occurrences meet one or critical habitat boundaries for Brodiaea (d) San Diego County: Subunit 6d- more of the 3 criteria outlined above. filifolia, we made every effort to map Taylor/Darwin, Subunit 7a-Letterbox Seven of these areas are exempt from precisely the areas that contain the Canyon, Subunit 7b-Rancho Carrillo, this critical habitat designation under physical or biological features essential Subunit 7d-Rancho La Costa, Subunit section 4(a)(3) of the Act (see to the conservation of the species. 8b-Rancho Santalina/Loma Alta, Exemptions Under Section 4(a)(3) of the However, we cannot guarantee that Subunit 8d-Upham, and Subunit 8f- Act section), and the remaining 29 areas every fraction of revised critical habitat Oleander/San Marcos Elementary (See were proposed as revised critical habitat contains the PCEs due to the mapping Table 1). (74 FR 64930; December 8, 2009). Of scale that we use to draft critical habitat These large occurrences are present in these 29 areas, 14 fit into one of the 4 boundaries. Additionally, we made habitat areas that contain the physical reasons that areas meet the ‘‘rare or every attempt to avoid including and biological features essential to the unique habitat’’ criterion, 13 meet the developed areas such as lands conservation of this species. These areas ‘‘largest occurrences’’ criterion, and 13 underlying buildings, pavement, and generally represent large contiguous meet the ‘‘stable and persistent other structures because such lands lack blocks of intact habitat. The occurrences’’ criterion. Of these 29 PCEs for B. filifolia. The scale of the conservation of these large populations areas, 3 are excluded from this final maps we prepared under the parameters will increase the resilience of the revised critical habitat designation for publication within the Code of species across its range and contribute under section 4(b)(2) of the Act Federal Regulations may not reflect the to the overall recovery of this species. (Subunits 7d, 11g, and 11h), and 5 are exclusion of such developed lands. Any

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such lands inadvertently left inside lands in Riverside County excluded require special management critical habitat boundaries shown on the from the 2005 designation of critical considerations or protection. We are not maps of this revised critical habitat are habitat, and Unit 12 represents the designating any areas outside the excluded by text in this rule and are not Artesian Trails area in San Diego geographical area occupied by the designated critical habitat. Therefore, County that is now partially included species at the time of listing because we Federal actions involving these lands based on new occurrence data in this determined that the lands we are would not trigger section 7 consultation area. To minimize confusion with the designating as revised critical habitat with respect to critical habitat and the previous proposal and designation we are adequate to ensure conservation of requirement of no adverse modification, are not using Unit numbers 9 and 10 in B. filifolia. The lands designated as unless the specific actions may affect this rule (see Table 2 and Summary of revised critical habitat represent a adjacent critical habitat. Changes from the Proposed Revised subset of the total lands occupied by B. Rule and the Previous Critical Habitat filifolia. Table 4 identifies the Revised Critical Habitat Designation Designation section). approximate area of each designated We are designating 2,947 ac (1,193 ha) The areas we describe below critical habitat subunit by land in 10 units, subdivided into 23 subunits constitute our best assessment of areas ownership. These subunits, which as revised critical habitat for Brodiaea that meet the definition of critical generally correspond to the geographic filifolia. The unit numbers in this rule habitat for Brodiaea filifolia. We area of the subunits delineated in the correspond to those used in the 2004 determined these areas are within the 2005 designation (see Table 2 for a proposed rule and the 2005 final rule; geographical area occupied at the time detailed comparison of this rule and the however, Units 9 and 10 were not of listing, and contain the physical and 2005 designation), replace the 2005 proposed and Units 11 and 12 are new biological features essential to the critical habitat designation for B. filifolia to this revised rule. Unit 11 represents conservation of B. filifolia that may in 50 CFR 17.96(a).

TABLE 4—AREA ESTIMATES IN ACRES (AC) AND HECTARES (HA), AND LAND OWNERSHIP FOR BRODIAEA FILIFOLIA FINAL REVISED CRITICAL HABITAT

Ownership Location State Local Total area ** Federal * government government Private

Unit 1: Los Angeles County 1a. Glendora ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 67 ac (27 ha) ...... 67 ac (27 ha). 1b. San Dimas ...... 13 ac (5 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 125 ac (51 ha) ...... 138 ac (56 ha). Unit 2: San Bernardino County 2. Arrowhead Hot Springs ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 61 ac (25 ha) ...... 61 ac (25 ha). Unit 3: Central Orange County 3. Aliso Canyon ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 11 ac (4 ha) ...... 11 ac (4 ha). Unit 4: Southern Orange County 4b. Caspers Wilderness Park ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 12 ac (5 ha) ...... 12 ac (5 ha). 4c. Can˜ada Gobernadora/Chiquita 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 133 ac (54 ha) ...... 133 ac (54 ha). Ridgeline. 4g. Cristianitos Canyon ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 587ac (238 ha) ...... 587ac (238 ha). Unit 5: Northern San Diego County 5b. Devil Canyon ...... 266 ac (108 ha) 0 ac (0 ha) ...... 0 ac (0 ha) ...... 8 ac (3 ha) ...... 274 ac (111ha). Unit 6: Oceanside 6a. Alta Creek ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 72 ac (29 ha) ...... 72 ac (29 ha). 6b. Mesa Drive ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 17 ac (7 ha) ...... 17 ac (7 ha). 6c. Mission View/Sierra Ridge ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 12 ac (5 ha) ...... 12 ac (5 ha). 6d. Taylor/Darwin ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 35 ac (14 ha) ...... 35 ac (14 ha). 6e. Arbor Creek/Colucci ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 94 ac (38 ha) ...... 94 ac (38 ha). Unit 7: Carlsbad 7a. Letterbox Canyon ...... 0 ac (0 ha) ...... 1 ac (<1 ha) ...... 0 ac (0 ha) ...... 41 ac (17 ha) ...... 43 ac (17 ha). 7b. Rancho Carrillo ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 37 ac (15 ha) ...... 37 ac (15 ha). 7c. Calavera Hills Village H ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 26 ac (11 ha) ...... 26 ac (11 ha). Unit 8: San Marcos and Vista 8b. Rancho Santalina/Loma Alta ..... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 47 ac (19 ha) ...... 47 ac (19 ha). 8d. Upham ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 54 ac (22 ha) ...... 54 ac (22 ha). 8f. Oleander/San Marcos Elemen- 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 7 ac (3 ha) ...... 7 ac (3 ha). tary. Unit 11: Western Riverside County 11a. San Jacinto Wildlife Area ...... 0 ac (0 ha) ...... 366 ac (148 ha) 17 ac (7 ha) ...... 18 ac (7 ha) ...... 401 ac (162 ha). 11b. San Jacinto Avenue/Dawson 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 117 ac (47 ha) ...... 117 ac (47 ha). Road. 11c. Case Road ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 11 ac (5 ha) ...... 169 ac (68 ha) ...... 180 ac (73 ha). 11d. Railroad Canyon ...... 53 ac (21 ha) .... 0 ac (0 ha) ...... 1 ac (<1 ha) ...... 204 ac (83 ha) ...... 257 ac (104 ha). 11e. Upper Salt Creek (Stowe Pool) 0 ac (0 ha) ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 145 ac (59 ha) ...... 145 ac (59 ha). 11f. Santa Rosa Plateau—Mesa de 0 ac (0 ha) ...... 0 ac (0 ha) ...... 5 ac (2 ha) ...... 8 ac (3 ha) ...... 13 ac (5 ha). Colorado. Unit 12: Central San Diego County 12. Artesian Trails ...... 0 ac (0 ha) ...... 0 ac (0 ha) ...... 7 ac (3 ha) ...... 98 ac (40 ha) ...... 105 ac (43 ha).

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TABLE 4—AREA ESTIMATES IN ACRES (AC) AND HECTARES (HA), AND LAND OWNERSHIP FOR BRODIAEA FILIFOLIA FINAL REVISED CRITICAL HABITAT—Continued

Ownership Location State Local Total area ** Federal * government government Private

Total** ...... 332 ac (134 ha) 367 ac (148 ha) 41 ac (17 ha) .... 2,205 ac (894 ha) ... 2,947 ac (1,193 ha). * 1,531 ac (620 ha) of federally owned land on MCB Camp Pendleton is exempt from this revised critical habitat (see Exemptions Under Sec- tion 4(a)(3) of the Act section). ** Values in this table and the following text may not sum due to rounding.

Presented below are brief descriptions completed at this time. Please see the maintain pollinator habitat. Please see of all subunits and reasons why they Special Management Considerations or the Special Management Considerations meet the definition of critical habitat for Protection section of this rule for a or Protection section of this rule for a Brodiaea filifolia. The subunits are discussion of the threats to B. filifolia discussion of the threats to B. filifolia listed in order geographically north to habitat and potential management habitat and potential management south and west to east. considerations. considerations. Unit 1: Los Angeles County Subunit 1b: San Dimas Unit 2: San Bernardino County— Unit 1 is located in Los Angeles Subunit 1b consists of 13 ac (5 ha) of Arrowhead Hot Springs County, and consists of two subunits Federal land (Angeles National Forest) totaling 206 ac (83 ha). This unit Unit 2 is located in San Bernardino and 125 ac (51 ha) of private land near County, California, and consists of 61 ac contains 13 ac (5 ha) of federally owned the City of San Dimas in the foothills of (25 ha) of private land at the land and 192 ac (78 ha) of private land. the San Gabriel Mountains in Los southwestern base of the San Subunit 1a: Glendora Angeles County. Lands within this Bernardino Mountains. This unit was subunit contain Cieneba-Exchequer- Subunit 1a consists of 67 ac (27 ha) not included in the 2005 final critical of private land in the City of Glendora, Sobrante soils, a type of silty loam, and consist primarily of northern mixed habitat designation, but is included in in the foothills of the San Gabriel this rule based on new information Mountains in Los Angeles County. chaparral and coastal sage scrub habitat. Subunit 1b contains the physical and related to the distribution of Brodiaea Lands within this subunit contain filifolia. Lands within this unit contain Cieneba-Exchequer-Sobrante soils, a biological features essential to the Cieneba-rock outcrop complex and type of silty loam, and consist primarily conservation of Brodiaea filifolia Ramona family-Typic Xerothents soils of northern mixed chaparral and coastal because it: (1) Contains the PCEs for B. sage scrub habitat. Subunit 1a contains filifolia, including sandy loam soils altered by hydrothermal activity, some the physical and biological features (PCE 1E) and areas with a natural, of which are considered alluvial, and essential to the conservation of Brodiaea generally intact surface and subsurface consist primarily of coastal sage scrub filifolia because it: (1) Contains the PCEs soil structure that support B. filifolia habitat. Unit 2 contains the physical and for B. filifolia, including sandy loam and pollinator habitat (PCE 2); (2) biological features essential to the soils (PCE 1E) and areas with a natural, supports a rare or unique occurrence, conservation of B. filifolia because it: (1) generally intact surface and subsurface representing one of two occurrences Contains the PCEs for B. filifolia, soil structure that support B. filifolia located in the foothills of the San including soils altered by hydrothermal and pollinator habitat (PCE 2); (2) Gabriel Mountains which are part of the activity (PCE 1B) and areas with a supports a rare or unique occurrence, Transverse Ranges where the species natural, generally intact surface and representing one of two occurrences was historically found, and represents subsurface soil structure that support B. located in the foothills of the San the only likely genetic connection to filifolia and pollinator habitat (PCE 2); Gabriel Mountains which are part of the plants in the Glendora subunit; and (3) (2) supports a rare or unique occurrence, Transverse Ranges where the species supports two significant populations representing the only occurrence of this was historically found, and is also totaling about 6,000 individuals of B. plant in the foothills of the San filifolia, as documented in 1990 significant because it is the Bernardino Mountains part of the (CNDDB 2009, p. 37). Several proposals northernmost occurrence known; and Transverse Ranges where the species for development of this area have been (3) supports a stable, persistent was historically found, and representing occurrence of approximately 2,000 reviewed by the City of Glendora (D. the type locality for B. filifolia (Niehaus plants. The physical and biological Walter, Senior Planner City of Glendora features essential to the conservation of pers. comm. to G. Wallace, Service 1971, p. 57; CNDDB 2009, p. 7); and (3) the species in this subunit may require 2005). Additionally, illegal grading has supports a stable, persistent occurrence. special management considerations or occurred on the northern portion of this The physical and biological features protection to address threats from subunit (grading was halted by the City essential to the conservation of the nonnative invasive plants. The site is of Glendora). The physical and species in this subunit may require protected from development and is biological features essential to the special management considerations or owned by the Glendora Community conservation of the species in this protection to address threats from Conservancy (GCC). The GCC has subunit may require special nonnative invasive plants. Please see expressed interest in creating a management considerations or the Special Management Considerations management plan for their land; protection to address threats from urban or Protection section of this rule for a however, a comprehensive management development on private lands, discussion of the threats to B. filifolia plan that would specifically address the including minimizing disturbance to the habitat and potential management control of nonnative plants has not been surface and subsurface structure, and to considerations.

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Unit 3: Central Orange County—Aliso Mountains, southern Orange County. Canyon on Rancho Mission Viejo in Canyon Lands within this subunit contain clay southern Orange County. Lands within Unit 3 is located in central Orange loam, sandy loam, or rocky outcrop, and this subunit are underlain by clay and County, California, and consists of 11 ac consist primarily of grassland and sandy loam soils and consist primarily (4 ha) of private land in the City of sagebrush-buckwheat scrub habitat. of annual grassland and needlegrass Subunit 4b contains the physical and grassland. Subunit 4g contains the Laguna Niguel, southwestern Orange biological features essential to the physical and biological features County. These totals do not include 102 conservation of Brodiaea filifolia essential to the conservation of Brodiaea ac (42 ha) of land in Unit 3 that we are because it: (1) Contains the PCEs for B. filifolia because it: (1) Contains the PCEs exercising our delegated discretion to filifolia, including clay soils and loamy for B. filifolia, including clay soils and exclude from this revised designation soils underlain by a clay subsoil (PCE loamy soils underlain by a clay subsoil under section 4(b)(2) of the Act (see the 1A), and areas with a natural, generally (PCE 1A), and areas with a natural, Exclusions under Section 4(b)(2) of the intact surface and subsurface soil generally intact surface and subsurface Act section of this rule). This unit was structure that support B. filifolia and soil structure that support B. filifolia not included in the 2005 final critical pollinator habitat (PCE 2); and (2) and pollinator habitat (PCE 2); (2) habitat designation, but is included in supports a stable, persistent occurrence. supports an occurrence in rare and this rule based on new information This subunit is located in the foothills unique habitat, representing one of the related to the distribution of Brodiaea of the Santa Ana Mountains and few places where this species occurs in filifolia. Lands within this unit contain represents the highest elevation and needlegrass grassland in Orange County; clay loam or other types of loam and northernmost occurrence in Orange and (3) supports an occurrence of at consist of annual and needlegrass County. The physical and biological least 6,505 individuals of B. filifolia, as grassland. Unit 3 contains the physical features essential to the conservation of documented in 2003 (Dudek & and biological features essential to the the species in this subunit may require Associates, Inc. 2006, Chapter 3 pp. 73– conservation of B. filifolia because it: (1) special management considerations or 74, 83; Service 2007, pp. 149–150). The Contains the PCEs for B. filifolia, protection to address threats from physical and biological features including loamy soils underlain by a nonnative invasive plants. Please see essential to the conservation of the clay subsoil (PCE 1A) and areas with a the Special Management Considerations species in this subunit may require natural, generally intact surface and or Protection section of this rule for a special management considerations or subsurface soil structure that support B. discussion of the threats to B. filifolia protection to address threats from the filifolia and pollinator habitat (PCE 2); habitat and potential management indirect effects associated with urban and (2) supports an occurrence of at considerations. development. Please see the Special least 5,000 individuals of B. filifolia, as Management Considerations or Subunit 4c: Can˜ ada Gobernadora/ documented in 2001 (CNDDB 2009, p. Protection section of this rule for a Chiquita Ridgeline 51). The physical and biological features discussion of the threats to B. filifolia essential to the conservation of the Subunit 4c consists of 133 ac (54 ha) habitat and potential management species in this subunit may require of private land in and around Can˜ ada considerations. special management considerations or Gobernadora on Rancho Mission Viejo protection to address threats from fuel in southern Orange County. Lands Unit 5: Northern San Diego County management activities (annual mowing) within this subunit contain clay, clay Unit 5 is located in northern San and pipeline work. Please see the loam, or sandy loam and consist Diego County, and consists of one Special Management Considerations or primarily of dry-land agriculture and subunit totaling 274 ac (111 ha). This Protection section of this rule for a sagebrush-buckwheat scrub habitat. unit contains 266 ac (108 ha) of Federal discussion of the threats to B. filifolia Subunit 4c contains the physical and Government land and 8 ac (3 ha) of habitat and potential management biological features essential to the private land. This unit is located considerations. conservation of Brodiaea filifolia entirely within the boundary of the because it: (1) Contains the PCEs for B. CNF. Subunit 5a as proposed in the Unit 4: Southern Orange County filifolia, including clay soils and loamy December 8, 2004, rule (69 FR 71283) Unit 4 is located in southern Orange soils underlain by a clay subsoil (PCE did not meet the definition of critical County, California, and consists of 3 1A), and areas with a natural, generally habitat and was not proposed for subunits totaling 732 ac (297 ha) of intact surface and subsurface soil revised designation. private land. These totals do not include structure that support B. filifolia and Subunit 5b: Devil Canyon portions of Subunit 4b (192 ac (78 ha)) pollinator habitat (PCE 2); and (2) that we are exercising our delegated supports a stable, persistent occurrence. Subunit 5b consists of 266 ac (108 ha) discretion to exclude from this revised The physical and biological features of Federal land (CNF) and 8 ac (3 ha) of designation under section 4(b)(2) of the essential to the conservation of the private land in northern San Diego Act (see the Exclusions under Section species in this subunit may require County. Hybrids between Brodiaea 4(b)(2) of the Act section of this rule). special management considerations or filifolia and B. orcuttii have been Subunits 4a, 4d, 4e, 4f, 4h, and 4i as protection to address threats from the reported from the Devil Canyon site, proposed in the December 8, 2004, rule indirect effects associated with urban however, we believe B. filifolia occurs (69 FR 71283) did not meet the development. Please see the Special in sufficient numbers in this area to definition of critical habitat and were Management Considerations or meet the criteria for critical habitat not proposed for revised designation. Protection section of this rule for a designation (see the Special Management Considerations or Subunit 4b: Wilderness Park discussion of the threats to B. filifolia habitat and potential management Protection section of this rule for a Subunit 4b consists of 12 ac (5 ha) of considerations. discussion of Brodiaea hybridization). private land in the City of San Juan Lands within this subunit contain Capistrano and the Audubon California Subunit 4g: Cristianitos Canyon Cieneba Very Rocky Coarse Sandy Starr Ranch Sanctuary, in the Subunit 4g consists of 587 ac (238 ha) Loam, Fallbrook Sandy Loam, and southwestern region of the Santa Ana of privately owned land in Cristianitos Cieneba Coarse Sandy Loam soils and

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consist primarily of chaparral and oak 2005 pp. 3–18). The physical and supports a stable, persistent occurrence woodland vegetation. Subunit 5b biological features essential to the of at least 1,300 individuals of B. contains the physical and biological conservation of the species in this filifolia (Roberts 2005b, p. 1). The features essential to the conservation of subunit may require special physical and biological features Brodiaea filifolia because it: (1) management considerations or essential to the conservation of the Contains the PCEs for B. filifolia, protection to address threats from the species in this subunit may require including sandy loam soils (PCE 1E) and indirect effects associated with urban special management considerations or areas with a natural, generally intact development. Please see the Special protection to address threats from the surface and subsurface soil structure Management Considerations or indirect effects associated with urban that support B. filifolia and pollinator Protection section of this rule for a development. Please see the Special habitat (PCE 2); (2) supports an discussion of the threats to B. filifolia Management Considerations or occurrence in rare and unique habitat, habitat and potential management Protection section of this rule for a representing one of the few places considerations. discussion of the threats to B. filifolia where this species occurs in a drainage habitat and potential management Subunit 6b: Mesa Drive in oak woodland habitat and occurring considerations. in unusual seeps and drainages on low Subunit 6b consists of 17 ac (7 ha) of Subunit 6d: Taylor/Darwin granitic outcrops; and (3) supports a private land in the City of Oceanside, in stable, persistent occurrence. The CNF northern coastal San Diego County. Subunit 6d consists of 35 ac (14 ha) does not currently have a management Lands within this subunit contain of private land in the City of Oceanside, plan specific to B. filifolia. The 2005 loamy fine sands and consist primarily in northern coastal San Diego County. critical habitat rule for B. filifolia and of grassland habitat. Subunit 6b Lands within this subunit contain clay the 2009 proposed revised critical contains the physical and biological soil and fine loamy sands and consist habitat rule erroneously stated that features essential to the conservation of primarily of annual and needlegrass grazing occurs in this area; this area is Brodiaea filifolia because it: (1) grassland. Subunit 6d contains the in fact not subjected to cattle grazing Contains the PCEs for B. filifolia, physical and biological features (Winter 2004, pers. comm.). The including loamy soils underlain by a essential to the conservation of Brodiaea physical and biological features clay subsoil (PCE 1A) and areas with a filifolia because it: (1) Contains the PCEs essential to the conservation of the natural, generally intact surface and for B. filifolia, including loamy soils species in this subunit may require subsurface soil structure that support B. underlain by a clay subsoil (PCE 1A) special management considerations or filifolia and pollinator habitat (PCE 2); and areas with a natural, generally protection to address threats from and (2) supports a stable, persistent intact surface and subsurface soil nonnative invasive plants. Please see occurrence of at least 1,500 individuals structure that support B. filifolia and the Special Management Considerations of B. filifolia (Roberts 2005a, pp.1–2). pollinator habitat (PCE 2); and (2) or Protection section of this rule for a The physical and biological features supports an occurrence of at least 6,200 discussion of the threats to B. filifolia essential to the conservation of the individuals of B. filifolia, as habitat and potential management species in this subunit may require documented in 2005 (CNDDB 2009, p. considerations. special management considerations or 38). The physical and biological features protection to address threats from the essential to the conservation of the Unit 6: Oceanside, San Diego County indirect effects associated with urban species in this subunit may require Unit 6 is located in Oceanside, San development and habitat disturbance on special management considerations or Diego County, California, and consists local government lands (Roberts 2005, protection to address threats from of five subunits totaling 230 ac (93 ha) pp. 1–3). Please see the Special nonnative invasive plants. Please see of private land. Management Considerations or the Special Management Considerations Protection section of this rule for a or Protection section of this rule for a Subunit 6a: Alta Creek discussion of the threats to B. filifolia discussion of the threats to B. filifolia Subunit 6a consists of 72 ac (29 ha) habitat and potential management habitat and potential management of private land in the City of Oceanside, considerations. considerations. in northern coastal San Diego County. This subunit was not included in the Subunit 6c: Mission View/Sierra Ridge Subunit 6e: Arbor Creek/Colucci 2005 final critical habitat designation, Subunit 6c consists of 12 ac (5 ha) of Subunit 6e consists of 94 ac (38 ha) but is included in this rule based on private land in the City of Oceanside, in of private land in the City of Oceanside, new information related to the northern coastal San Diego County. This in northern coastal San Diego County. distribution of Brodiaea filifolia. Lands subunit was not included in the 2005 This subunit was not included in the within this subunit contain fine sandy final critical habitat designation, but is 2005 final critical habitat designation loam, loam, or loamy fine sand and included in this rule based on new but is included in this rule based on consist primarily of coastal sage scrub information related to the distribution of new information related to the habitat. Subunit 6a contains the Brodiaea filifolia. Lands within this distribution of Brodiaea filifolia. Lands physical and biological features subunit contain fine loamy sands and within this subunit contain clay soil and essential to the conservation of B. consist primarily of coastal sage scrub fine loamy sands and consist primarily filifolia because it: (1) Contains the PCEs habitat. Subunit 6c contains the of annual and needlegrass grassland. for B. filifolia, including loamy soils physical and biological features Subunit 6e contains the physical and underlain by a clay subsoil (PCE 1A) essential to the conservation of B. biological features essential to the and areas with a natural, generally filifolia because it: (1) Contains the PCEs conservation of B. filifolia because it: (1) intact surface and subsurface soil for B. filifolia, including loamy soils Contains the PCEs for B. filifolia, structure that support B. filifolia and underlain by a clay subsoil (PCE 1A) including loamy soils underlain by a pollinator habitat (PCE 2); and (2) and areas with a natural, generally clay subsoil (PCE 1A) and areas with a supports a stable, persistent occurrence intact surface and subsurface soil natural, generally intact surface and of at least 1,500 individuals of B. structure that support B. filifolia and subsurface soil structure that support B. filifolia (Affinis 2005, pp. 1–3; AMEC pollinator habitat (PCE 2); and (2) filifolia and pollinator habitat (PCE 2);

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and (2) supports a stable, persistent discussion of the threats to B. filifolia nonnative invasive plants. Please see occurrence; and (3) consists primarily of habitat and potential management the Special Management Considerations annual and needlegrass grassland and considerations. or Protection section of this rule for a occurs in the largest continuous block of discussion of the threats to B. filifolia Subunit 7b: Rancho Carrillo grassland habitat remaining in the City habitat and potential management of Oceanside. The physical and Subunit 7b consists of 37 ac (15 ha) considerations. biological features essential to the of private land in the City of Carlsbad, Unit 8: San Marcos, San Diego County conservation of the species in this in northern coastal San Diego County, subunit may require special California. This subunit was not Unit 8 is located in San Marcos, management considerations or included in the 2005 final critical northern San Diego County, California, protection to address threats from habitat designation, but is included in and consists of three subunits totaling nonnative invasive plants and urban this rule based on new information 108 ac (44 ha) of private land. Subunits development. Please see the Special related to the distribution of Brodiaea 8a, 8c, and 8e as proposed in the Management Considerations or filifolia. Lands within this subunit December 8, 2004, rule (69 FR 71283) Protection section of this rule for a contain clay or sandy loam soils and did not meet the definition of critical discussion of the threats to B. filifolia consist primarily of annual grasslands habitat and were not proposed for habitat and potential management and coastal sage scrub habitat. Subunit revised designation. 7b contains the physical and biological considerations. Subunit 8b: Rancho Santalina/Loma features essential to the conservation of Alta Unit 7: Carlsbad, San Diego County B. filifolia because it: (1) Contains the Unit 7 is located in Carlsbad, San PCEs for B. filifolia, including loamy Subunit 8b consists of 47 ac (19 ha) Diego County, California, and consists soils underlain by a clay subsoil (PCE of private land in the City of San of three subunits totaling 105 ac (43 ha). 1A) and areas with a natural, generally Marcos, northern San Diego County, This unit contains 1 ac (<1 ha) of State intact surface and subsurface soil California. This subunit was not land and 104 ac (43 ha) of private land. structure that support B. filifolia and included in the 2005 final critical These totals do not include Subunit 7d pollinator habitat (PCE 2); and (2) habitat designation, but is included in (98 ac (40 ha)) and portions of Subunit supports an occurrence of at least this rule based on new information 7a (13 ac (5 ha)) and Subunit 7c (45 ac 797,000 individuals of B. filifolia, as related to the distribution of Brodiaea (18 ha)) that we are exercising our documented in 2005 (this estimate was filifolia. Lands within this subunit delegated discretion to exclude from of vegetative plants and not flowering contain clay, loam, or loamy fine sand this revised designation under section plants) (Scheidt and Allen 2005, p. 1). soils and consist primarily of annual 4(b)(2) of the Act (see the Exclusions The physical and biological features and needlegrass grassland. Subunit 8b under Section 4(b)(2) of the Act section essential to the conservation of the contains the physical and biological of this rule), or 2 ac (<1 ha) that were species in this subunit may require features essential to the conservation of proposed as revised critical habitat but special management considerations or B. filifolia because it: (1) Contains the are not included in this final revised protection to address threats from the PCEs for B. filifolia, including loamy critical habitat designation because they indirect effects associated with urban soils underlain by a clay subsoil (PCE do not support suitable habitat for the development and nonnative invasive 1A) and areas with a natural, generally species. plants. Please see the Special intact surface and subsurface soil Management Considerations or structure that support B. filifolia and Subunit 7a: Letterbox Canyon Protection section of this rule for a pollinator habitat (PCE 2); and (2) Subunit 7a consists of 1 ac (<1 ha) of discussion of the threats to B. filifolia supports an occurrence of at least 5,552 State land and 41 ac (17 ha) of private habitat and potential management individuals of B. filifolia, as land in the City of Carlsbad, in northern considerations. documented in 2000, and approximately coastal San Diego County, California. 12,000 B. filifolia corms were Subunit 7c: Calavera Hills Village H Lands within this subunit contain heavy transplanted to the area in 2004 clay soils and consist primarily of Subunit 7c consists of 26 ac (11 ha) (CNDDB 2009, p. 10). The physical and annual grassland. Subunit 7a contains of private land in the City of Carlsbad, biological features essential to the the physical and biological features in northern coastal San Diego County. conservation of the species in this essential to the conservation of B. Lands within this subunit contain clay subunit may require special filifolia because it: (1) Contains the PCEs soil and consist primarily of annual and management considerations or for B. filifolia, including loamy soils needlegrass grassland. Subunit 7c protection to address threats from the underlain by a clay subsoil (PCE 1A) contains the physical and biological indirect effects associated with urban and areas with a natural, generally features essential to the conservation of development, unauthorized recreational intact surface and subsurface soil Brodiaea filifolia because it: (1) activities, and nonnative invasive structure that support B. filifolia and Contains the PCEs for B. filifolia, plants. Please see the Special pollinator habitat (PCE 2); and (2) including loamy soils underlain by a Management Considerations or supports an occurrence of at least clay subsoil (PCE 1A) and areas with a Protection section of this rule for a 39,500 individuals of B. filifolia, as natural, generally intact surface and discussion of the threats to B. filifolia documented in 2005 (CNDDB 2009, p. subsurface soil structure that support B. habitat and potential management 15). The physical and biological features filifolia and pollinator habitat (PCE 2); considerations. essential to the conservation of the and (2) supports a stable, persistent species in this subunit may require occurrence of at least 2,243 plants, as Subunit 8d: Upham special management considerations or documented in 2008 (McConnell 2008, Subunit 8d consists of 54 ac (22 ha) protection to address threats from the p. 9). The physical and biological of private land in the City of San indirect effects associated with urban features essential to the conservation of Marcos, northern San Diego County. development. Please see the Special the species in this subunit may require Hybrids between Brodiaea filifolia and Management Considerations or special management considerations or B. orcuttii have been reported from the Protection section of this rule for a protection to address threats from Upham site (Chester et al. 2007, p. 188),

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however, based on the best scientific documented in 2005 (Dudek and construction of new roads or information available to us at this time, Associates, Inc. 2007, p.9). The physical improvements to existing roadways we believe B. filifolia occurs in and biological features essential to the (Service 2004b, pp. 137–189). Please see sufficient numbers in this area to meet conservation of the species in this the Special Management Considerations the criteria for critical habitat subunit may require special or Protection section of this rule for a designation (see the Special management considerations or discussion of the threats to B. filifolia Management Considerations or protection to address threats from habitat and potential management Protection section of this rule for a nonnative invasive plants. Please see considerations. discussion of Brodiaea hybridization). the Special Management Considerations Subunit 11b: San Jacinto Avenue/ Lands within this subunit contain clay or Protection section of this rule for a Dawson Road soils and consist primarily of annual discussion of the threats to B. filifolia and needlegrass grassland and vernal habitat and potential management Subunit 11b consists of 117 ac (47 ha) pool habitat. Subunit 8d contains the considerations. of private land near San Jacinto Avenue physical and biological features and Dawson Road, in western Riverside Unit 11: Western Riverside County essential to the conservation of Brodiaea County. Lands within this subunit filifolia because it: (1) Contains the PCEs Unit 11 is located in western contain Willows silty clay and Domino for B. filifolia, including loamy soils Riverside County, California, and silt loam soils and consist primarily of underlain by a clay subsoil (PCE 1A) consists of 6 subunits totaling 1,113 ac annual grassland, alkali scrub habitat, and areas with a natural, generally (450 ha). This unit contains 53 ac (21 and alkali playa habitat. Subunit 11b intact surface and subsurface soil ha) of Federal land, 366 ac (148 ha) of contains the physical and biological structure that support B. filifolia and State land, 33 ac (13 ha) of local features essential to the conservation of pollinator habitat (PCE 2); (2) supports government land, and 661 ac (267 ha) of Brodiaea filifolia because it: (1) a rare or unique occurrence, private land. These totals do not include Contains the PCEs for B. filifolia, representing one of three occurrences Subunits 11g (117 ac (47 ha)), 11h (44 including silty loam soils underlain by that are associated with vernal pool ac (18 ha)) and portions of Subunit 11f a clay subsoil or caliche that are habitat; and (3) supports an occurrence (221 ac (89 ha)) that we are exercising generally poorly drained and of at least 342,000 individuals of B. our delegated discretion to exclude from moderately to strongly alkaline (PCE 1C) filifolia, as documented in 1993 this revised designation under section and areas with a natural, generally (CNDDB 2009, p. 9). The physical and 4(b)(2) of the Act (see the Exclusions intact surface and subsurface soil biological features essential to the under Section 4(b)(2) of the Act section structure that support B. filifolia and conservation of the species in this of this rule). pollinator habitat (PCE 2); and (2) supports a rare or unique occurrence, subunit may require special Subunit 11a: San Jacinto Wildlife Area management considerations or representing one of four occurrences protection to address threats from the Subunit 11a consists of 366 ac (148 that are associated with alkali playa indirect effects associated with urban ha) of State land (California Department habitat. The physical and biological development, unauthorized recreational of Fish and Game (CDFG)), 17 ac (7 ha) features essential to the conservation of activities, and nonnative invasive of local government land, and 18 ac (7 the species in this subunit may require plants. Please see the Special ha) of private land at the San Jacinto special management considerations or Management Considerations or Wildlife Area, in western Riverside protection to address threats from Protection section of this rule for a County. Lands within this subunit discing, grazing, manure dumping, and discussion of the threats to B. filifolia contain Willows silty clay, Waukena nonnative invasive plants (CNDDB habitat and potential management loam and Waukena fine sandy loam, 2009, p. 60). Please see the Special considerations. Traver fine sandy loam and Traver Management Considerations or loamy fine sand, and Hanford coarse Protection section of this rule for a Subunit 8f: Oleander/San Marcos sandy loam soils and consist primarily discussion of the threats to B. filifolia Elementary of annual grassland, alkali scrub habitat, habitat and potential management Subunit 8f consists of 7 ac (3 ha) of and alkali playa habitat. Subunit 11a considerations. land owned by the San Marcos Unified contains the physical and biological Subunit 11c: Case Road School District near the City of San features essential to the conservation of Marcos, in northern San Diego County. Brodiaea filifolia because it: (1) Subunit 11c consists of 11 ac (4 ha) This subunit was not included in the Contains the PCEs for B. filifolia, of local government land and 169 ac (68 2005 final critical habitat designation, including silty loam soils underlain by ha) of private land near the City of but is included in this rule based on a clay subsoil or caliche that are Perris, in western Riverside County. new information related to the generally poorly drained and Lands within this subunit contain distribution of Brodiaea filifolia. Lands moderately to strongly alkaline (PCE 1C) Willows silty clay and Domino silt loam within this subunit contain clay, loam, and areas with a natural, generally soils and consist primarily of or loamy fine sand soils and consist intact surface and subsurface soil agricultural land, floodplain habitat, primarily of annual grassland. Unit 8f structure that support B. filifolia and alkali scrub habitat, and alkali playa contains the physical and biological pollinator habitat (PCE 2); (2) supports habitat. Subunit 11c contains the features essential to the conservation of a rare or unique occurrence, physical and biological features B. filifolia because it: (1) Contains the representing one of four occurrences essential to the conservation of Brodiaea PCEs for B. filifolia, including loamy associated with alkali playa habitat; and filifolia because it: (1) Contains the PCEs soils underlain by a clay subsoil (PCE (3) supports a stable, persistent for B. filifolia, including silty loam soils 1A) and areas with a natural, generally occurrence. The physical and biological underlain by a clay subsoil or caliche intact surface and subsurface soil features essential to the conservation of that are generally poorly drained and structure that support B. filifolia and the species in this subunit may require moderately to strongly alkaline (PCE 1C) pollinator habitat (PCE 2); and (2) special management considerations or and areas with a natural, generally supports an occurrence of at least 3,211 protection to address threats from intact surface and subsurface soil individuals of B. filifolia, as nonnative invasive plants and structure that support B. filifolia and

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pollinator habitat (PCE 2); (2) supports indirect effects associated with urban vernal pool habitat. Subunit 11f a rare or unique occurrence, development, river channelization for contains the physical and biological representing one of four occurrences flood control, and nonnative invasive features essential to the conservation of that are associated with alkali playa plants. Please see the Special Brodiaea filifolia because it: (1) habitat; and (3) supports an occurrence Management Considerations or Contains the PCEs for B. filifolia, of at least 4,555 individuals of B. Protection section of this rule for a including clay loam soil series filifolia, as documented in 2000 (Glenn discussion of the threats to B. filifolia underlain by heavy clay loams or clays Lukos Associates, Inc. 2000a, Map of habitat and potential management derived from olivine basalt lava flows San Jacinto River Stage 3 Project considerations. that generally occur on mesas and gentle Impacts Version 2 Alignment; Glenn to moderate slopes (PCE 1D) and areas Subunit 11e: Upper Salt Creek (Stowe Lukos Associates, Inc. 2000b, pp. 17–18; with a natural, generally intact surface Pool) CNDDB 2009, p. 2). The physical and and subsurface soil structure that biological features essential to the Subunit 11e consists of 145 ac (59 ha) support B. filifolia and pollinator habitat conservation of the species in this of private land in the Upper Salt Creek (PCE 2); (2) supports a rare or unique subunit may require special drainage west of Hemet, in western occurrence, representing one of three management considerations or Riverside County. Lands within this occurrences that are associated with protection to address threats from OHV subunit contain Willows silty clay, vernal pool habitat; and (3) supports an activity, encroaching urban Chino silt loam, Honcut loam, and occurrence of at least 31,725 individuals development, manure dumping, and Wyman loam and consist primarily of of B. filifolia, as documented in 1990 nonnative invasive plants. Please see annual grassland, alkali scrub habitat, (CNDDB 2009, p. 5). The physical and the Special Management Considerations and alkali playa habitat. Subunit 11e biological features essential to the or Protection section of this rule for a contains the physical and biological conservation of the species in this discussion of the threats to B. filifolia features essential to the conservation of subunit may require special habitat and potential management Brodiaea filifolia because it: (1) management considerations or considerations. Contains the PCEs for B. filifolia, protection to address threats from the including silty loam soils underlain by indirect effects associated with urban Subunit 11d: Railroad Canyon a clay subsoil or caliche that are development and nonnative invasive Subunit 11d consists of 53 ac (21 ha) generally poorly drained and plants. Please see the Special of Federal land owned by the Bureau of moderately to strongly alkaline (PCE Management Considerations or Land Management, 1 ac (<1 ha) of local 1C), and areas with a natural, generally Protection section of this rule for a government land, and 204 ac (83 ha) of intact surface and subsurface soil discussion of the threats to B. filifolia private land north of Kabian County structure that support B. filifolia and habitat and potential management Park and southwest of the City of Perris, pollinator habitat (PCE 2); and (2) considerations. in western Riverside County. Lands supports a rare or unique occurrence, within this subunit contain Lodo rocky representing one of three occurrences Unit 12: Central San Diego County— loam, Garretson gravelly very fine sandy that are associated with vernal pool Artesian Trails loam and Garretson very fine sandy habitat. This subunit is crossed by Unit 12 is located in central San Diego loam, Escondido fine sandy loam, and roadways that, if altered (widened or County, California, and consists of 105 Grangeville fine sandy loam soils and realigned), could change the topography ac (43 ha). This unit contains 7 ac (3 ha) consist primarily of annual grassland. and thereby negatively affect the of local government land and 98 ac (40 Subunit 11d contains the physical and hydrologic integrity of the pool ha) of private land. These totals do not biological features essential to the complexes and favor the growth of include 4 ac (2 ha) of land in Unit 12 conservation of Brodiaea filifolia nonnative invasive plant species that we are exercising our delegated because it: (1) Contains the PCEs for B. (CNDDB 2009, p. 24; Service 2004b, p. discretion to exclude from this revised filifolia, including silty loam soils 382). The physical and biological designation under section 4(b)(2) of the underlain by a clay subsoil or caliche features essential to the conservation of Act (see the Exclusions under Section that are generally poorly drained and the species in this subunit may require 4(b)(2) of the Act section of this rule). moderately to strongly alkaline (PCE 1C) special management considerations or This unit was not included in the 2005 and areas with a natural, generally protection to address threats from final critical habitat designation, but is intact surface and subsurface soil nonnative invasive plants (such as included in this rule based on new structure that support B. filifolia and Hordeum marinum subsp. information related to the distribution of pollinator habitat (PCE 2); and (2) gussoneanum) and transportation Brodiaea filifolia. Lands within this supports an occurrence of at least 3,205 projects. Please see the Special subunit contain fine loamy sands and individuals of B. filifolia, as Management Considerations or consist primarily of coastal sage scrub documented in 2000 (Glenn Lukos Protection section of this rule for a habitat and annual grassland. Unit 12 Associates 2000a, pp. 13, 24; CNDDB discussion of the threats to B. filifolia contains physical and biological 2009, p. 23). The occurrence in Railroad habitat and potential management features that are essential to the Canyon is at risk from the San Jacinto considerations. conservation of B. filifolia because it: River Flood Control Project. That project (1) Contains the PCEs for B. filifolia, includes channelization of the river, Subunit 11f: Santa Rosa Plateau—Mesa including loamy soils underlain by a which may result in changes in de Colorado clay subsoil (PCE 1A) and areas with a floodplain process essential to the Subunit 11f consists of 5 ac (2 ha) of natural, generally intact surface and species persistence in this subunit local government land and 8 ac (3 ha) subsurface soil structure that support B. (Service 2004b, p. 382). The physical of private land in southwestern filifolia and pollinator habitat (PCE 2); and biological features essential to the Riverside County. Lands within this and (2) supports a stable, persistent conservation of the species in this subunit contain Murrieta stony clay occurrence. The physical and biological subunit may require special loam, and Las Posas rocky loam and Las features essential to the conservation of management considerations or Posas loam soils and consist primarily the species in this subunit may require protection to address threats from the of annual and needlegrass grassland and special management considerations or

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protection to address threats from the agreements with the Service to control over the action (or the agency’s indirect effects associated with urban streamline a portion of the section 7 discretionary involvement or control is development and nonnative invasive consultation process (BLM–ACA 2004, authorized by law). Consequently, plants. Please see the Special pp. 1–8; FS–ACA 2004, pp. 1–8). The Federal agencies may sometimes need to Management Considerations or agreements allow the USFS and the request reinitiation of consultation with Protection section of this rule for a BLM the opportunity to make ‘‘not likely us on actions for which formal discussion of the threats to B. filifolia to adversely affect’’ (NLAA) consultation has been completed, if habitat and potential management determinations for projects those actions with discretionary considerations. implementing the National Fire Plan. involvement or control may affect Such projects include prescribed fire, subsequently listed species or Effects of Critical Habitat Designation mechanical fuels treatments (thinning designated critical habitat. Section 7 Consultation and removal of fuels to prescribed Federal activities that may affect objectives), emergency stabilization, Section 7(a)(2) of the Act requires Brodiaea filifolia or its designated burned area rehabilitation, road Federal agencies, including the Service, critical habitat will require section 7 maintenance and operation activities, to ensure that actions they fund, consultation under the Act. Activities ecosystem restoration, and culvert authorize, or carry out are not likely to on State, tribal, local, or private lands replacement actions. The USFS and the destroy or adversely modify critical requiring a Federal permit (such as a BLM must ensure staff are properly habitat. Decisions by the 5th and 9th permit from the U.S. Army Corps of trained, and both agencies must submit Circuit Courts of Appeals have Engineers under section 404 of the monitoring reports to the Service to Clean Water Act (33 U.S.C. 1251 et seq.) invalidated our definition of determine if the procedures are being ‘‘ ’’ or a permit under section 10 of the Act destruction or adverse modification implemented properly and that effects (50 CFR 402.02) (see Gifford Pinchot from the Service) or involving some on endangered species and their other Federal action (such as funding Task Force v. U.S. Fish and Wildlife habitats are being properly evaluated. Service, 378 F. 3d 1059 (9th Cir 2004) from the Federal Highway As a result, we do not believe the Administration, Federal Aviation and Sierra Club v. U.S. Fish and alternative consultation processes being Wildlife Service et al., 245 F.3d 434, Administration, or the Federal implemented as a result of the National Emergency Management Agency) will 442F (5th Cir 2001)), and we do not rely Fire Plan will differ significantly from on this regulatory definition when also be subject to the section 7 those consultations being conducted by consultation process. Federal actions analyzing whether an action is likely to the Service. destroy or adversely modify critical not affecting listed species or critical If we issue a biological opinion habitat, and actions on State, tribal, habitat. Under the statutory provisions concluding that a project is likely to of the Act, we determine destruction or local, or private lands that are not jeopardize the continued existence of a federally funded, authorized, or adverse modification on the basis of listed species or destroy or adversely whether, with implementation of the permitted, do not require section 7 modify critical habitat, we also provide consultations. Federal action, the affected critical reasonable and prudent alternatives to habitat would remain functional (or the project, if any are identifiable. We Application of the ‘‘Adverse retain the current ability for the PCEs to define ‘‘Reasonable and prudent Modification’’ Standard be functionally established) to serve its ’’ alternatives at 50 CFR 402.02 as The key factor related to the adverse intended conservation role for the alternative actions identified during species (Service 2004c, p. 3). modification determination is whether, consultation that: with implementation of the proposed Section 7(a)(2) of the Act requires (1) Can be implemented in a manner Federal action, the affected critical Federal agencies to ensure that activities consistent with the intended purpose of habitat would continue to serve its they authorize, fund, or carry out are not the action, likely to jeopardize the continued (2) Can be implemented consistent intended conservation role for the existence of such a species or to destroy with the scope of the Federal agency’s species, or would retain its current or adversely modify its critical habitat. legal authority and jurisdiction, ability for the primary constituent If a Federal action may affect a listed (3) Are economically and elements to be functionally established. species or its critical habitat, the technologically feasible, and Activities that may destroy or adversely responsible Federal agency (action (4) Would, in the Director’s opinion, modify critical habitat are those that agency) must enter into consultation avoid jeopardizing the continued alter the physical and biological features with us in most cases. As a result of this existence of the listed species or to an extent that appreciably reduces the consultation, we document compliance destroying or adversely modifying its conservation value of critical habitat for with the requirements of section 7(a)(2) critical habitat. Brodiaea filifolia. As discussed above, through our issuance of: Reasonable and prudent alternatives the role of critical habitat is to support (1) A concurrence letter for Federal can vary from slight project the life-history needs of the species and actions that may affect, but are not modifications to extensive redesign or provide for the conservation of the likely to adversely affect, listed species relocation of the project. Costs species. Generally, the conservation role or designated critical habitat; or associated with implementing a of the B. filifolia critical habitat units is (2) A biological opinion for Federal reasonable and prudent alternative are to support viable occurrences in actions that are likely to adversely affect similarly variable. appropriate habitat areas. listed species or designated critical Regulations at 50 CFR 402.16 require Section 4(b)(8) of the Act requires us habitat. Federal agencies to reinitiate to briefly evaluate and describe in any An exception to the concurrence consultation on previously reviewed proposed or final regulation that process referred to in (1) above occurs actions in instances where we have designates critical habitat those in consultations involving National Fire listed a new species or subsequently activities involving a Federal action that Plan projects. In 2004, the U.S. Forest designated critical habitat that may be may destroy or adversely modify such Service (USFS) and the U.S. Bureau of affected and the Federal agency has habitat, or that may be affected by such Land Management (BLM) reached retained discretionary involvement or designation.

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Activities that, when carried out, Communications Commission or listed species. Only one military funded, or authorized by a Federal funding of construction or development installation with a Service-approved agency, may adversely affect critical activities by the U.S. Department of INRMP, MCB Camp Pendleton, is habitat and, therefore, should result in Housing and Urban Development that located within the range of Brodiaea consultation for Brodiaea filifolia could result in excavation, or filifolia and supports the physical and include, but are not limited to (please mechanized land clearing of Brodiaea biological features essential to the see Special Management Considerations filifolia habitat. These activities could conservation of the species. We or Protection section for a more detailed alter the habitat in such a way that soil, analyzed MCB Camp Pendleton’s discussion on the impacts of these seeds, and corms of B. filifolia are INRMP to determine if the lands subject actions to the listed species): removed and that permanently alter the to the INRMP should be exempted (1) Actions that result in ground habitat or the species’ presence. under the authority of section 4(a)(3)(B) disturbance. Such activities could of the Act. include (but are not limited to) Exemptions Under Section 4(a)(3) of the MCB Camp Pendleton has committed residential or commercial development, Act to work closely with us, CDFG, and OHV activity, pipeline construction, The National Defense Authorization California Department of Parks and new road construction or widening, Act for Fiscal Year 2004 (Pub. L. 108– Recreation to continually refine the existing road maintenance, manure 136) amended the Act to limit areas existing INRMP as part of the Sikes dumping, and grazing. These activities eligible for designation as critical Act’s INRMP review process. Based on potentially impact the habitat and PCEs habitat. Specifically, section 4(a)(3)(B)(i) the considerations discussed below and of Brodiaea filifolia by damaging, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) in accordance with section 4(a)(3)(B)(i) disturbing, and altering soil now provides: ‘‘The Secretary shall not of the Act, we determined that composition through direct impacts, designate as critical habitat any lands or conservation efforts identified in the increased erosion, and increased other geographical areas owned or INRMP provide a benefit to Brodiaea nutrient content. Additionally, changes controlled by the Department of filifolia occurring in habitats within or in soil composition may lead to changes Defense, or designated for its use, that adjacent to MCB Camp Pendleton. in the vegetation composition, thereby are subject to an integrated natural Therefore, approximately 1,531 ac (620 changing the overall habitat type. resources management plan prepared ha) of habitat on MCB Camp Pendleton (2) Actions that result in alteration of under section 101 of the Sikes Act subject to the INRMP is exempt from the hydrological regimes typically [Improvement Act of 1997 (Sikes Act)] critical habitat designation under associated with Brodiaea filifolia (16 U.S.C. 670a), if the Secretary section 4(a)(3) of the Act, and is not habitat. Such activities could include determines in writing that such plan included in this final revised critical residential or commercial development, provides a benefit to the species for habitat designation. OHV activity, pipeline construction, which critical habitat is proposed for In the previous final critical habitat new road construction or widening, designation.’’ designation for Brodiaea filifolia, we existing road maintenance, and The Sikes Act required each military exempted lands determined to contain channelization of drainages. These installation that includes land and water features essential to the conservation of activities could alter surface layers and suitable for the conservation and species on MCB Camp Pendleton from the hydrological regime in a manner management of natural resources to the designation of critical habitat (70 FR that promotes loss of soil matrix complete an integrated natural resources 73820; December 13, 2005). We based components and moisture necessary to management plan (INRMP) by this decision on the conservation support the growth and reproduction of November 17, 2001. An INRMP benefits to B. filifolia identified in the B. filifolia. integrates implementation of the INRMP developed by MCB Camp (3) Actions that would disturb the military mission of the installation with Pendleton in November 2001. A revised existing vegetation communities stewardship of the natural resources and updated INRMP was prepared by adjacent to Brodiaea filifolia habitat found on the base. Each INRMP MCB Camp Pendleton in March 2007 prior to annual pollination and seed set includes: (MCB Camp Pendleton 2007). We (reproduction). Such activities could (1) An assessment of the ecological determined that conservation efforts include (but are not limited to) grazing, needs on the installation, including the identified in the INRMP provide a mowing, grading, or discing habitat in need to provide for the conservation of benefit to the populations of B. filifolia the spring and early summer months. listed species; and this species’ habitat occurring on These activities could alter the habitat (2) A statement of goals and priorities; MCB Camp Pendleton (MCB Camp for pollinators leading to potential (3) A detailed description of Pendleton 2007, Section 4, pp. 51–76). decreased pollination and reproduction. management actions to be implemented The INRMP provides measures that (4) Road construction and to provide for these ecological needs; promote the conservation of B. filifolia maintenance, right-of-way designation, and within the 1,531 ac (620 ha) of habitat and agricultural activities, or any (4) A monitoring and adaptive that we determined contain the physical activity funded or carried out, management plan. or biological features essential to the permitted, or regulated by the Among other things, each INRMP conservation of B. filifolia on MCB Department of Transportation or must, to the extent appropriate and Camp Pendleton within the following Department of Agriculture that could applicable, provide for fish and wildlife areas: Cristianitos Canyon, Bravo One, result in excavation, or mechanized management; fish and wildlife habitat Bravo Two South, Basilone/San Mateo land clearing of Brodiaea filifolia enhancement or modification; wetland Junction, Camp Horno, Pilgrim Creek, habitat. These activities could alter the protection, enhancement, and and South White Beach. habitat in such a way that soil, seeds, restoration where necessary to support Measures included for Brodiaea and corms of B. filifolia are removed fish and wildlife; and enforcement of filifolia in the MCB Camp Pendleton and which permanently alter the habitat applicable natural resource laws. INRMP require ongoing efforts to survey or the species’ presence. We consult with the military on the and monitor the species, and provide (5) Licensing or construction of development and implementation of this information to all necessary communication sites by the Federal INRMPs for installations with federally personnel through MCB Camp

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Pendleton’s GIS database on sensitive with the Service and the CDFG in a benefits of inclusion. If based on this resources and in their published manner that provides a benefit to B. analysis, we make this determination, resource atlas. The updated INRMP filifolia, coupled with a high degree of then we can exclude the area only if includes the following conservation certainty that the conservation efforts of such exclusion would not result in the measures for B. filifolia: their INRMP will be effective. Service extinction of the species. (1) Surveys and monitoring, studies, biologists work closely with MCB Camp We consider a number of factors in a impact avoidance and minimization, Pendleton on a variety of issues relating section 4(b)(2) analysis. For example, and habitat restoration and to endangered and threatened species, we consider whether there are lands enhancement; including B. filifolia. The management owned or managed by the Department of (2) Species survey information stored programs, Base Directives, and Range Defense (DOD) where a national security in MCB Camp Pendleton’s GIS database and Training Regulations that avoid and impact might exist. We also consider and recorded in a resource atlas that is minimize impacts to B. filifolia are whether the landowners have developed published and updated on a semi- consistent with section 7 consultations any conservation plans for the area, or annual basis; with MCB Camp Pendleton. Therefore, whether there are conservation (3) Use of the resource atlas to plan the Secretary determined that the partnerships that would be encouraged operations and projects to avoid impacts INRMP for MCB Camp Pendleton has by designation of, or exclusion from, to B. filifolia and to trigger section 7 and will continue to provide a benefit critical habitat. Additionally, we look at consultation if an action may affect the for B. filifolia, and lands subject to the any tribal issues, and consider the species; and INRMP for MCB Camp Pendleton government-to-government relationship (4) Transplantation when avoidance is containing the physical and biological of the United States with tribal entities. not possible. features essential to the conservation of We also consider the economic impacts, These measures are established and the species are exempt from critical environmental impacts, and social represent ongoing aspects of existing habitat designation pursuant to section impacts that might occur because of the programs that provide a benefit to B. 4(a)(3) of the Act. As a result, we are not designation. filifolia. MCB Camp Pendleton also has including approximately 1,531 ac (620 When considering the benefits of Base directives and Range and Training ha) of habitat for B. filifolia on MCP inclusion for an area, we consider the Regulations that are integral to their Camp Pendleton in this final revised additional regulatory benefits that area INRMP and provide benefits to B. critical habitat designation. would receive from the protection from filifolia. MCB Camp Pendleton adverse modification or destruction as a implements Base Directives to avoid Exclusions Under Section 4(b)(2) of the result of actions with a Federal nexus; and minimize adverse effects to B. Act the educational benefits of mapping filifolia, such as: (1) Limit bivouac, Section 4(b)(2) of the Act states that essential habitat for recovery of the command post, and field support the Secretary must designate and revise listed species; and any benefits that may activities such that they are no closer critical habitat on the basis of the best result from a designation due to State or than 164 ft (50 m) to occupied habitat available scientific data after taking into Federal laws that may apply to critical year round; (2) limit vehicle and consideration the economic impact, habitat. equipment operations to existing road national security impact, and any other In considering the benefits of and trail networks year round; and (3) relevant impact of specifying any including in a designation lands that are require environmental clearance prior to particular area as critical habitat. The covered by a current HCP or other any soil excavation, filling, or grading. Secretary may exclude an area from management plan, we evaluate a Finally, MCB Camp Pendleton critical habitat if he determines that the number of factors to help us determine contracted and funded surveys for B. benefits of such exclusion outweigh the if the plan provides equivalent or filifolia in the summer of 2005 and the benefits of specifying such area as part greater conservation benefit than would development of a GIS-based monitoring of the critical habitat, unless he likely result from designation of critical system that will provide improved determines, based on the best scientific habitat. Specifically, when evaluating a management of natural resources on the data available, that the failure to conservation plan we consider, among installation, including for B. filifolia. designate such area as critical habitat other factors: whether the plan is Additionally, MCB Camp Pendleton’s will result in the extinction of the finalized; how it provides for the environmental security staff review species. In making that determination, conservation of the essential physical projects and enforce existing regulations the legislative history is clear that the and biological features; whether the and orders that, through their Secretary has broad discretion regarding conservation management strategies and implementation, avoid and minimize which factor(s) to use and how much actions contained in a management plan impacts to natural resources, including weight to give to any factor. are in place and there is a strong Brodiaea filifolia and its habitat. As a In the following paragraphs, we likelihood they will be implemented result, activities occurring on MCB address a number of general issues that into the future; whether the Camp Pendleton are currently being are relevant to our analysis under conservation strategies in the plan are conducted in a manner that minimizes section 4(b)(2) of the Act. likely to be effective; and whether the impacts to B. filifolia habitat. Finally, Under section 4(b)(2) of the Act, we plan contains a monitoring program or MCB Camp Pendleton provides training must consider the economic impact, adaptive management to ensure that the to personnel on environmental national security impact, or any other conservation measures are effective and awareness for sensitive resources on the relevant impact of specifying any can be adapted in the future in response Base, including B. filifolia and its particular area as critical habitat. In to new information. habitat. considering whether to exclude a When considering the benefits of Based on MCB Camp Pendleton’s particular area from the designation, we exclusion, we consider, among other Sikes Act program (including the must identify the benefits of including things, whether exclusion of a specific management of Brodiaea filifolia), there the area in the designation, identify the area is likely to result in long-term is a high degree of certainty that MCB benefits of excluding the area from the conservation; the continuation, Camp Pendleton will continue to designation, and determine whether the strengthening, or encouragement of implement their INRMP in coordination benefits of exclusion outweigh the partnerships that result in conservation

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of listed species; or implementation of published in the Federal Register on these actions for possibly significant a management plan that provides equal December 8, 2009 (74 FR 64930). habitat modification in accordance with to or more conservation than a critical Benefits of Excluding Lands With HCPs the definition of harm referenced above. habitat designation would provide. The information provided above We may exercise our delegated The benefits of excluding lands with applies to the following discussions of discretion to exclude an area from approved HCPs from critical habitat exclusions under section (4)(b)(2) of the critical habitat under section 4(b)(2) of designation, such as HCPs that cover the Act if we conclude that the benefits listed plant taxa, include relieving Act. Brodiaea filifolia is covered under of exclusion of the area outweigh the landowners, communities, and counties the Orange County Central-Coastal benefits of its designation. We do not of any additional regulatory burden that NCCP/HCP, Orange County Southern exclude areas based on the mere might be imposed as a result of the Subregion HCP, Carlsbad HMP under existence of management plans or other critical habitat designation. Many HCPs the MHCP, Western Riverside County conservation measures. The existence of take years to develop, and upon MSHCP, and the City and County of San a plan may reduce the benefits of completion, are consistent with the Diego Subarea Plans under the MSCP. inclusion of an area in critical habitat to recovery objectives for listed taxa that Brief descriptions of each plan, and the extent the protections provided are covered by the plan. Many lands excluded from revised critical under the plan are redundant with conservation plans also provide habitat covered by each plan, are conservation benefits of the critical conservation benefits to unlisted described below. The areas where we habitat designation. In particular, we sensitive species. determined the benefits of exclusion believe that the exclusion of lands may A related benefit of excluding lands outweigh the benefits of inclusion are be justified when they are managed and covered by approved HCPs from critical listed in Table 5. Additional details on conserved in perpetuity. Thus, in some habitat designation is the unhindered, these areas can be found in the cases the benefits of exclusion in the continued ability it gives us to seek new proposed revised critical habitat rule 74 form of sustaining and encouraging partnerships with future plan FR 64930 (December 8, 2009) and the partnerships that result in on the ground participants, including States, counties, NOA (75 FR 42054, dated July 20, 2010). conservation of listed species may local jurisdictions, conservation outweigh the incremental benefits of organizations, and private landowners, San Diego Multiple Species inclusion. which together can implement Conservation Plan (MSCP)—City of San After evaluating the benefits of conservation actions that we would be Diego Subarea Plan inclusion and the benefits of exclusion, unable to accomplish otherwise. Habitat We analyzed the benefits of including we carefully weigh the two sides to Conservation Plans often cover a wide lands covered by the City of San Diego determine whether the benefits of range of species, including listed plant Subarea Plan under the MSCP in the exclusion outweigh those of inclusion. species and species that are not State final revised critical habitat designation If we determine that they do, we then and federally listed and would and the benefits of excluding those determine whether exclusion would otherwise receive little protection from result in extinction. If exclusion of an development. By excluding these lands, lands from the designation. The plan area from critical habitat will result in we preserve our current partnerships has established valuable partnerships extinction, we will not exclude it from and encourage additional conservation that are intended to implement the designation. actions in the future. conservation actions for Brodiaea In the case of Brodiaea filifolia, this We also note that permit issuance in filifolia. However, in conducting our revised critical habitat designation does association with HCP applications evaluation of the conservation benefits not include any tribal lands or tribal requires consultation under section to B. filifolia and its proposed revised trust resources. However, this revised 7(a)(2) of the Act, which would include critical habitat that have resulted to date critical habitat designation does include the review of the effects of all HCP- from these partnerships, we did not some lands covered by the Western covered activities that might adversely conclude that the benefits of excluding Riverside County MSHCP, City and impact the species under a jeopardy portions of Unit 12 under the City of County of San Diego Subarea Plans standard, including possibly significant San Diego MSCP Subarea Plan from under the MSCP, Orange County habitat modification (see definition of revised critical habitat outweighs the Central-Coastal NCCP/HCP, Orange ‘‘harm’’ at 50 CFR 17.3), even without benefits of inclusion. Therefore, we are County Southern Subregion HCP, and the critical habitat designation. In not exercising our delegated discretion Carlsbad HMP under the MHCP. No addition, all other Federal actions that to exclude any of the 7 ac (3 ha) within additional HCPs or conservation plans may affect the listed species would still the City of San Diego Subarea Plan from covering B. filifolia were finalized since require consultation under section this final revised critical habitat the proposed revised designation 7(a)(2) of the Act, and we would review designation.

TABLE 5—AREAS EXCLUDED FROM BRODIAEA FILIFOLIA FINAL REVISED CRITICAL HABITAT DESIGNATION UNDER SECTION 4(b)(2) OF THE ACT

Area excluded HCP or management plan and associated subunit (acres/hectares) *

Aliso and Wood Canyons Wilderness Park Resource Management Plan (Orange County Central-Coastal NCCP/HCP)

Unit 3. Central Orange County—Aliso Canyon ...... 102 ac (42 ha).

Orange County Southern Subregion HCP

Subunit 4b. Caspers Wilderness Park ...... 192 ac (78 ha).

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TABLE 5—AREAS EXCLUDED FROM BRODIAEA FILIFOLIA FINAL REVISED CRITICAL HABITAT DESIGNATION UNDER SECTION 4(b)(2) OF THE ACT—Continued

Area excluded HCP or management plan and associated subunit (acres/hectares) *

Carlsbad HMP Under the San Diego MHCP

Subunit 7a. Letterbox Canyon ...... 13 ac (5 ha). Subunit 7c. Calavera Hills Village H ...... 45 ac (18 ha). Subunit 7d. Villages of La Costa (Rancho La Costa) ...... 98 ac (40 ha).

Subtotal Carlsbad HMP under the San Diego MHCP ...... 156 ac (63 ha).

Western Riverside County MSHCP

Subunit 11f. Santa Rosa Plateau—Mesa de Colorado ...... 221 ac (89 ha). Subunit 11g. Santa Rosa Plateau—South of Tenaja Road ...... 117 ac (47 ha). Subunit 11h. Santa Rosa Plateau—North of Tenaja Road ...... 44 ac (18 ha).

Subtotal for Western Riverside County MSHCP ...... 381 ac (154 ha).

County of San Diego Subarea Plan Under the San Diego MSCP

Unit 12. Central San Diego County—Artesian Trails ...... 4 ac (2 ha).

Total ...... 837 ac (339 ha). * Values in this table may not sum due to rounding.

Aliso and Wood Canyons Wilderness AWCWP is located within the Nature implementing fire management, and Park Resource Management Plan Reserve of Orange County (which is part managing public access, recreation, and (AWCWP Resource Management Plan), of a larger 17,000-ac (6,880-ha) regional infrastructure (LSA Associates 2009, p. Orange County Central-Coastal NCCP/ coastal canyon ecosystem comprised of 26). The management regime addresses HCP Laguna Coast Wilderness Park, Crystal active management of resources with Cove State Park, and City of Irvine Open flexibility for adaptive management We determined that approximately Space) and is subject to the Orange strategies, including the gradual 113 ac (46 ha) in Unit 3 meet the County Central-Coastal NCCP/HCP and modification of management techniques definition of critical habitat under the associated implementing agreement (R.J. based on the results of ongoing Act. Of this area, 102 ac (42 ha) are Meade Consulting 1996a, pp. 1–567; management, research, and monitoring covered by the Aliso and Wood Canyons The California Resources Agency et al., activities. Wilderness Park Resource Management 1996, pp. 1–217; LSA Associates 2009, The most significant threats for the Plan (AWCWP Resource Management p. 25). Orange County Parks owns and AWCWP include habitat fragmentation, Plan), and, for the reasons discussed in operates the AWCWP, which is invasive plant species, existing fuels the following sections, we are exercising designated as a wilderness park and fire hazard conditions, urban edge our delegated discretion to exclude (according to the Orange County effects, public use, and erosion. The these lands from this final revised General Plan) and encompasses a large AWCWP Resource Management Plan is critical habitat designation pursuant to island of habitat (coastal sage scrub, designed to address these issues and section 4(b)(2) of the Act. In making our chaparral, native grassland, and oak threats, and minimize impacts while final decision with regard to these woodland) that is almost entirely supporting the intent of a county lands, we considered several factors surrounded by urban development (LSA wilderness park (LSA Associated 2009, including our relationship with Associates 2009, p. 1). p. 94). General management strategies stakeholders, existing consultations, The AWCWP Resource Management for the park’s biological resources that beneficial conservation measures that Plan provides comprehensive, long-term would benefit Brodiaea filifolia and its are in place on these lands (including management for the preserve area, habitat identified in Unit 3 include: preservation and long-term including those lands represented in (1) Protecting and maintaining management), and impacts to current Unit 3 of this rule. The fundamental populations of native plant and wildlife and future partnerships. As described in objective for the AWCWP Resource with an emphasis on managing Orange our section 4(b)(2) analysis below, we Management Plan is to identify the best County Central-Coastal NCCP/HCP reached the determination to exclude way to manage, protect, and enhance covered species; these lands in consideration of the the natural resource values of the park (2) Improving biological productivity benefits of exclusion balanced against while providing safe recreational and and diversity through protection, the benefits of inclusion in the final educational opportunities to the public enhancement, and restoration activities revised critical habitat designation. (LSA Associates 2009, p. 25). As consistent with the adaptive The AWCWP is a preserve area that required by the Orange County Central- management strategy of the Orange covers approximately 3,873 ac (1,567 Coastal NCCP/HCP Implementing County Central-Coastal NCCP/HCP; ha) of land in Aliso and Wood Canyons Agreement, the AWCWP Resource (3) Monitoring enhancement and and portions of Laguna Canyon in the Management Plan includes policies for restoration activities as part of the cities of Laguna Niguel, Laguna Hills, managing and monitoring the park, adaptive management program to Aliso Viejo, Laguna Beach, and Dana conducting research, conducting habitat evaluate effectiveness and progress. Point, Orange County, California. The restoration and enhancement, Through monitoring, seek to identify

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new enhancement and restoration Benefits of Inclusion—AWCWP of B. filifolia by prohibiting adverse opportunities and priorities within the Resource Management Plan, Orange modification of revised critical habitat park; and County Central-Coastal NCCP/HCP in wetland areas. However, because all (4) Implementing and coordinating The principal benefit of including an areas within the AWCWP are already with adjacent landowners to determine area in a critical habitat designation is conserved and managed under the fire management methods that cause the the requirement of Federal agencies to AWCWP Resource Management Plan, least damage to park resources while ensure actions they fund, authorize, or Federal actions that could adversely affect B. filifolia or its habitat are providing effective fire control to carry out are not likely to result in the unlikely to occur, and if such actions do protect human life and property (LSA destruction or adverse modification of occur, it is likely that the protections Associates 2009, p. 103). any designated critical habitat; The provided the species and its habitat In addition to the preservation and regulatory standard of section 7(a)(2) of the Act under which consultation is under section 7(a)(2) of the Act would management of the AWCWP as completed. Federal agencies must be largely redundant with the described above, management zones consult with the Service on actions that protections offered by the AWCWP were created to allow for describing may affect critical habitat and must Resource Management Plan. Thus, we management goals by area or showing avoid destroying or adversely modifying expect the regulatory benefit to the relationships between one area and critical habitat. Federal agencies must conservation of B. filifolia of including another in terms of land use and the areas proposed for designation in also consult with us on actions that may management strategies, and are based the portion of Unit 3 covered by the affect a listed species and refrain from on: (1) Geographic relationships; (2) AWCWP Resource Management Plan in undertaking actions that are likely to resource values; (3) ecological revised critical habitat would be jeopardize the continued existence of parameters; (4) management issues, minimal. such species. The analysis of effects to goals, or objectives; (5) types and Another possible benefit of including critical habitat is a separate and lands in critical habitat is public intensities of land use; or (6) visitor use different analysis from that of the effects and experiences (LSA Associates 2009, education regarding the potential to the species. Therefore, the difference conservation value of an area that may p. 105). Unit 3 for Brodiaea filifolia in outcomes of these two analyses occurs in the Lower Aliso Canyon help focus conservation efforts on areas represents the regulatory benefit of of high conservation value for certain Management Zone, which is managed to critical habitat. For some species provide access into the park to species. Any information about (including Brodiaea filifolia), and in Brodiaea filifolia and its habitat that communities at the southernmost some locations, the outcome of these segment of Lower Aliso Canyon, reaches a wide audience, including analyses will be similar, because effects parties engaged in conservation enhance recreation use, and improve to habitat will often also result in effects riparian habitat and water quality in activities, is valuable. The inclusion of to the species. However, the regulatory lands in the B. filifolia proposed and Aliso Creek (LSA Associated 2009, p. standard is different, as the jeopardy 109). Specific management strategies in final revised critical habitat designation analysis investigates the action’s impact that are not conserved and managed is the Lower Aliso Canyon Management to survival and recovery of the species, Zone that would benefit B. filifolia and beneficial to the species because the while the adverse modification analysis proposed and final rules identify those the habitat identified in Unit 3 include investigates the action’s effects to the protecting and restoring riparian habitat lands that require management for the designated habitat’s contribution to conservation of B. filifolia. The process along Aliso Creek through habitat conservation. This will, in many restoration efforts and control of of proposing and finalizing revised instances, lead to different results and critical habitat provided the opportunity invasive, nonnative species, and different regulatory requirements. Thus, continuing to participate in and support for peer review and public comment on critical habitat designations may habitat we determined meets the Aliso Creek Watershed planning efforts provide greater benefits to the recovery to improve water quality and review all definition of critical habitat. This of a species than would listing alone. process is valuable to landowners and watershed practices within the AWCWP Any protections provided by critical (LSA Associates 2009, p. 109). managers in prioritizing conservation habitat that are redundant with and management of identified areas. Approximately 102 ac (42 ha) of lands protections already in place reduce the Because the habitat identified in the that meet the definition of critical benefits of inclusion in critical habitat. portion of Unit 3 covered by the habitat within Unit 3 are conserved and The consultation provisions under AWCWP Resource Management Plan is managed by Orange County Parks at the section 7(a)(2) of the Act constitute the already conserved and managed under AWCWP. These conserved lands in Unit regulatory benefits of designating lands the AWCWP Resource Management 3 are part of the large, interconnected as critical habitat. As discussed above, Plan, no educational benefits would be network of conserved lands that make Federal agencies must consult with us realized in this instance. up the AWCWP, including areas that on actions that may affect critical The designation of Brodiaea filifolia encompass occupancy records for habitat and must avoid destroying or critical habitat may also strengthen or Brodiaea filifolia and lands adjacent to adversely modifying critical habitat. reinforce some of the provisions in other the occurrences that will conserve and Critical habitat may provide a regulatory State and Federal laws, such as the manage habitat that supports pollinators benefit for Brodiaea filifolia when there California Environmental Quality Act of B. filifolia and provide for habitat is a Federal nexus present for a project (CEQA) or the National Environmental connectivity between B. filifolia that might adversely modify critical Policy Act (NEPA). These laws analyze populations. Thus, the AWCWP and habitat. Specifically, we expect projects the potential for projects to significantly associated management plan provides in wetland areas where the species affect the environment. In Orange protection to the park’s B. filifolia occurs would require a 404 permit County, additional protections habitat through the conservation and under the Clean Water Act from the associated with critical habitat may be management of an area that may Army Corps of Engineers. Therefore, beneficial in areas not currently otherwise be left unprotected without critical habitat designation would have conserved. However, in the case of B. the wilderness park. a regulatory benefit to the conservation filifolia, all areas within the AWCWP

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are conserved and managed under the designation, we eliminate an essentially critical habitat designation are relatively AWCWP Resource Management Plan. redundant layer of regulatory review for small compared to the benefits of Therefore, B. filifolia critical habitat projects covered by the AWCWP exclusion. Currently, all (approximately designation in this area would not Resource Management Plan, which 102 ac (42 ha), or 91 percent of lands in signal the presence of sensitive habitat helps preserve our ongoing partnership Unit 3) lands that meet the definition of that could otherwise be missed in the with participating entities of the Orange critical habitat within the AWCWP review process for these other County Central-Coastal NCCP/HCP Resource Management Plan are environmental laws. (such as Orange County Parks), conserved and managed. Thus, it is In summary, we believe that supporters/contributors to the long-term unlikely that Federal actions that would designating revised critical habitat preservation of AWCWP, and adversely affect B. filifolia or its habitat would provide minimal regulatory encourages new partnerships with other will occur within the AWCWP, and any benefits under section 7(a)(2) of the Act landowners and jurisdictions and regulatory benefits provided by section in areas meeting the definition of establishment of conservation and 7(a)(2) of the Act would be minimal and critical habitat that are conserved and management for the benefit of B. filifolia largely redundant with the protections managed by the AWCWP Resource and other sensitive species on already in place for this habitat. Because Management Plan, nor would any additional lands; these partnerships and this species has been a focus of additional educational benefits be conservation actions are crucial for conservation in Orange County for more realized under these circumstances. proactive conservation of B. filifolia, as than 10 years (as indicated by those Benefits of Exclusion—AWCWP opposed to the reactive, regulatory measures evaluated and addressed by Resource Management Plan, Orange approach of consultation. the Orange County Central-Coastal The Orange County Central-Coastal County Central-Coastal NCCP/HCP NCCP/HCP), we do not believe critical NCCP/HCP and the AWCWP Resource habitat designation for B. filifolia will We believe conservation benefits Management Plan address conservation provide additional educational benefits. would be realized by forgoing issues from a coordinated, integrated In contrast to the benefits of designation of revised critical habitat for perspective rather than a piecemeal, inclusion, the benefits of excluding Brodiaea filifolia on lands covered by project-by-project approach (as would conserved and managed land covered by the AWCWP Resource Management occur under section 7 or section 10 of the AWCWP Resource Management Plan including: (1) Continuance and the Act for smaller-scale management Plan and associated Orange County strengthening of our effective working plans or HCPs), thus resulting in Central-Coastal NCCP/HCP from revised relationships with Orange County Parks coordinated landscape-scale critical habitat are significant. The and with all Orange County Central conservation that can contribute to exclusion of these lands from revised Coastal NCCP/HCP jurisdictions and genetic diversity by preserving covered critical habitat will help preserve the stakeholders to promote voluntary, species populations, habitat, and partnerships and conservation and proactive conservation of B. filifolia and interconnected linkage areas that management we developed with Orange its habitat as opposed to reactive support recovery of Brodiaea filifolia County Parks and other local regulation; (2) allowance for continued and other listed species. Additionally, stakeholders in the development of the meaningful proactive collaboration and many landowners perceive critical AWCWP Resource Management Plan cooperation in working toward species habitat as an unfair and unnecessary and other management plans subject to recovery, including conservation regulatory burden given the expense the Orange County Central-Coastal benefits that might not otherwise occur; and time involved in developing and NCCP/HCP, and foster additional and (3) encouragement of additional implementing complex management partnerships for the benefit of Brodiaea conservation and management in the plans or regional and jurisdiction-wide filifolia and other species. Therefore, in future on other lands for this and other HCPs (as discussed below in Comments consideration of the relevant impact to federally listed and sensitive species, 57 and 75 of the Summary of Comments current and future partnerships, we including incorporation of protections and Recommendations section). determined the significant benefits of for plant species which is voluntary In summary, we believe excluding exclusion outweigh the minor benefits because the Act does not prohibit take land covered by the AWCWP Resource of critical habitat designation for of plant species. In the case of B. filifolia Management Plan (which is subject to conserved and managed lands. in Orange County, the partnership and the Orange County Central-Coastal Exclusion Will Not Result in Extinction commitment by the Orange County NCCP/HCP) from revised critical habitat of the Species—AWCWP Resource Central-Coastal NCCP/HCP jurisdictions could provide the significant benefit of Management Plan, Orange County (and specifically Orange County Parks) maintaining existing regional Central-Coastal NCCP/HCP resulted in lands being conserved and management plan and HCP managed for the long-term that will partnerships, and fostering new ones. We determined that the exclusion of contribute to the recovery of the species. approximately 102 ac (42 ha) of land We developed close partnerships with Weighing Benefits of Exclusion Against covered by the AWCWP Resource all participating entities through the Benefits of Inclusion—AWCWP Management Plan in Unit 3 from the development of the Orange County Resource Management Plan, Orange final revised critical habitat designation Central-Coastal NCCP/HCP, including County Central-Coastal NCCP/HCP for Brodiaea filifolia will not result in Orange County Parks through the We reviewed and evaluated the extinction of the species. The AWCWP development of the AWCWP Resource benefits of inclusion and benefits of Resource Management Plan and Management Plan, which incorporates exclusion for all lands covered by the associated Orange County Central- substantial protections (conserved AWCWP Resource Management Plan Coastal NCCP/HCP provides a lands) and management for Brodiaea proposed as revised critical habitat for framework for long-term management filifolia, its habitat, and the physical and Brodiaea filifolia. The benefits of and continued conservation of excluded biological features essential to the including lands covered by the AWCWP lands that meet the definition of critical conservation of this species. By Resource Management Plan and habitat in Unit 3. Therefore, based on excluding 102 ac (42 ha) of lands in associated Orange County Central- the above discussion, we are exercising Unit 3 from this revised critical habitat Coastal NCCP/HCP in the revised our delegated discretion to exclude

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approximately 102 ac (42 ha) or 91 Mission Viejo), and the Santa Margarita In addition to the creation of a habitat percent of lands in Unit 3 from this final Water District (Water District) to address reserve, the following conservation revised critical habitat designation. impacts resulting from residential and measures specific to Brodiaea filifolia associated infrastructure development and its habitat include: Orange County Southern Subregion HCP to 32 species including Brodiaea (1) Avoid and minimize potential We determined that approximately filifolia. The Orange County Southern impacts to B. filifolia associated with 925 ac (375 ha) of land in Subunits 4b, Subregion HCP is a multi-species construction activities on Rancho 4c, and 4g owned by or under the conservation program that minimizes Mission Viejo through preparation of jurisdiction of the permittees of the and mitigates expected habitat loss and Biological Resources Construction Plans Orange County Southern Subregion HCP associated incidental take of covered in coordination with the Service. meet the definition of critical habitat species. (2) Removal and control of the under the Act. In making our final The Orange County Southern nonnative artichoke thistle (Cynara decision with regard to these lands, we Subregion HCP addresses development cardunculus). This invasive plant considered several factors including our and associated infrastructure on Rancho species may compete with B. filifolia for relationships with participating Mission Viejo lands, installation and space and resources, and alter habitat in jurisdictions and other stakeholders, maintenance of infrastructure by the an area to the extent that it no longer existing consultations, conservation Water District, expansion of Prima supports B. filifolia. Removal and measures and management that are in Deshecha Landfill by the County, and control of artichoke thistle occurs on place on these lands, and impacts to monitoring and adaptive management of Rancho Mission Viejo and is expected to current and future partnerships. Under covered species on reserve lands. continue into the future as the Invasive section 4(b)(2) of the Act, for the reasons The Orange County Southern Species Control Plan is implemented discussed in the following sections, we Subregion HCP will establish within the reserve. are exercising our delegated discretion approximately 30,426 ac (12,313 ha) of (3) Translocate and propagate B. to exclude 192 ac (78 ha) of land habitat reserve, which will consist filifolia under the Translocation, conserved and managed by Orange primarily of land owned by Rancho Propagation and Management Plan for County Southern Subregion HCP Mission Viejo and three pre-existing Special-Status Plants to the extent permittees within a portion of Subunit County parks (Service 2007, pp. 10 and feasible and appropriate, when impacts 4b from this final revised critical habitat 19). The HCP provides for a large, to B. filifolia are unavoidable. Potential designation. We are not exercising our biologically diverse and permanent translocation and associated restoration delegated discretion to exclude 732 ac habitat reserve that will protect: (1) areas will be focused in areas that are (297 ha) of land within the Orange Large blocks of natural vegetation also targeted for coastal sage scrub and County Southern Subregion HCP in communities that provide habitat for the coastal sage scrub/valley needlegrass Subunits 4c and 4g and a portion of covered species; (2) ‘‘important’’ and grassland restoration, including Subunit 4b, and these lands are ‘‘major’’ populations of the covered Chiquita Ridge and Chiquadora Ridge included in this revised critical habitat species in key locations; (3) wildlife (Subunit 4c). The plan also provides designation. As described in our section corridors and habitat linkages that success criteria to evaluate the 4(b)(2) analysis below, we reached this connect the large habitat blocks and effectiveness of the restoration of B. determination in consideration of the covered species populations to each filifolia in areas of temporary impacts. benefits of exclusion balanced against other, the Cleveland National Forest, (4) Monitor B. filifolia populations, the benefits of including an area in the and the adjacent Orange County Central- focusing on the Can˜ ada Gobernadora/ final revised critical habitat designation. Coastal NCCP/HCP; and (4) the Chiquita Ridgeline (Subunit 4c) and The Orange County Southern underlying hydrogeomorphic processes Cristianitos Canyon populations Subregion HCP is a large-scale HCP that support the major vegetation (Subunit 4g). Additionally, information encompassing approximately 86,021 ac communities providing habitat for the will be gathered regarding nonnative (34,811 ha) in southern Orange County covered species (Service 2007, p. 10). species, observations of pollinators, and (including lands within Subunits 4b, 4c, The overall habitat reserve will be signs of disturbance. Annual monitoring and 4g). Originally developed as the managed and monitored according to will occur every year for the first 5 years Southern Subregion Natural Community the collective Habitat Reserve after dedication to the reserve and Conservation Plan/Master Streambed Management and Monitoring Program thereafter in intervals as determined by Alteration Agreement/Habitat (Habitat Reserve Management Program). the Reserve Manager and Science Panel. Conservation Plan, we now refer to the The Habitat Reserve Management Below is a brief analysis of the lands plan as the Orange County Southern Program focuses on the development in Subunit 4b that are currently Subregion HCP. Although the plan is and implementation of a coordinated conserved and managed consistent with intended to be a subregional plan under monitoring and management program to the Orange County Southern Subregion the State of California’s Natural sustain and enhance species HCP. Community Conservation Planning populations and their habitats over the Approximately 192 ac (78 ha) of (NCCP) Act of 2001, the NCCP has not long term, while adapting management Subunit 4b within the Ronald W. yet been permitted by the California actions to new information and Caspers Wilderness Park (Caspers Department of Fish and Game. On changing habitat conditions. The Wilderness Park) is covered by the January 10, 2007, the Service approved management program comprises two Ronald W. Caspers Wilderness Park the Habitat Conservation Plan and components: (1) An ongoing General Development Plan Phase III issued incidental take permits management program on County park Habitat Conservation Program (Caspers (TE144105–0, TE144113–0, and lands within the habitat reserve; and (2) Wilderness Park Program). The Caspers TE144140–0) under section 10(a)(1)(B) an adaptive management program that Wilderness Park Program functions as of the Act to the three permittees for a will be implemented on the Rancho an operational program under the period of 75 years. The Orange County Mission Viejo portion of the habitat Orange County Southern Subregion HCP Southern Subregion HCP was developed reserve and on selected portions of the to ensure protection of existing by the County of Orange (County), County park lands within the habitat biological communities and sensitive Rancho Mission Viejo, LLC (Rancho reserve (Service 2007, p. 12). plant and animal species through

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implementation of, at minimum: (1) An habitat and must avoid destroying or affect the environment. In Orange ongoing review of sensitive habitat adversely modifying critical habitat. County, the additional protections areas; and (2) identification of site- Critical habitat may provide a regulatory associated with revised critical habitat specific operational directives for the benefit for Brodiaea filifolia when there may be beneficial in areas not currently protection of habitats, which include a is a Federal nexus present for a project conserved. Critical habitat may signal mechanism for review and adjustment that might adversely modify critical the presence of sensitive habitat that of directives in light of new information habitat. Specifically, we expect projects could otherwise be missed in the review (Lewis 1987, pp. 1–1 and 2–11). Thus, in wetland areas would require a 404 process for these other environmental the Caspers Wilderness Park Program permit under the Clean Water Act from laws. provides protection to Brodiaea filifolia the Army Corps of Engineers. Therefore, In summary, we believe that proposed revised critical habitat critical habitat designation would have designating revised critical habitat through the conservation and an additional regulatory benefit to the would provide minimal regulatory management of this area that may conservation of B. filifolia by benefits under section 7(a)(2) of the Act otherwise be left unprotected. prohibiting adverse modification of in areas meeting the definition of revised critical habitat. However, critical habitat that are conserved and Benefits of Inclusion—Orange County because areas proposed for designation managed under the Orange County Southern Subregion HCP within Caspers Wilderness Park in Southern Subregion HCP, nor would The principal benefit of including an Subunit 4b are already conserved and any additional educational benefits be area in a critical habitat designation is managed under the Caspers Wilderness realized under these circumstances. In the requirement of Federal agencies to Park Program, Federal actions that could areas that are not currently conserved ensure actions they fund, authorize, or adversely affect B. filifolia or its habitat and managed, we believe there may be carry out are not likely to result in the are unlikely to occur in these areas. If significant regulatory and educational destruction or adverse modification of such actions do occur, it is likely that benefits of critical habitat designation. any designated critical habitat, the the protections provided the species and regulatory standard of section 7(a)(2) of Benefits of Exclusion—Orange County its habitat under section 7(a)(2) of the Southern Subregion HCP the Act under which consultation is Act would be largely redundant with completed. Federal agencies must the protections offered by the Caspers We believe conservation benefits consult with the Service on actions that Wilderness Park Program. Therefore, we would be realized by forgoing may affect critical habitat and must expect the regulatory benefit of designation of revised critical habitat for avoid destroying or adversely modifying including this area in revised critical Brodiaea filifolia on lands covered by critical habitat. Federal agencies must habitat would be minimal. the Orange County Southern Subregion also consult with us on actions that may Another possible benefit of including HCP including: (1) Continuance and affect a listed species and refrain from lands in critical habitat is public strengthening of our effective working undertaking actions that are likely to education regarding the potential relationships with all Orange County jeopardize the continued existence of conservation value of an area that may Southern Subregion HCP stakeholders such species. The analysis of effects to help focus conservation efforts on areas to promote conservation of B. filifolia critical habitat is a separate and of high conservation value for certain and its habitat; (2) allowance for different analysis from that of the effects species. Any information about continued meaningful collaboration and to the species. Therefore, the difference Brodiaea filifolia and its habitat that cooperation in working toward species in outcomes of these two analyses reaches a wide audience, including recovery, including conservation represents the regulatory benefit of parties engaged in conservation benefits that might not otherwise occur; critical habitat. For some species activities, is valuable. The inclusion of and (3) encouragement of additional (including Brodiaea filifolia), and in lands in the B. filifolia proposed and conservation and management in the some locations, the outcome of these final revised critical habitat designation future on other lands for this and other analyses will be similar, because effects that are not conserved and managed is federally listed and sensitive species, to habitat will often also result in effects beneficial to the species because the including incorporation of protections to the species. However, the regulatory proposed and final rules identify those for plant species, which is voluntary standard is different, as the jeopardy lands that require management for the because the Act does not prohibit take analysis investigates the action’s impact conservation of B. filifolia. The process of plant species. In the case of B. filifolia to survival and recovery of the species, of proposing and finalizing revised in Orange County, the partnership and while the adverse modification analysis critical habitat provided the opportunity commitment by the County resulted in investigates the action’s effects to the for peer review and public comment on lands being conserved and managed for designated habitat’s contribution to habitat we determined meets the the long-term that will contribute to the conservation. This will, in many definition of critical habitat. This recovery of the species. instances, lead to different results and process is valuable to land owners and The Orange County Southern different regulatory requirements. Thus, managers in prioritizing conservation Subregion HCP addresses conservation critical habitat designations may and management of identified areas. issues from a coordinated, integrated provide greater benefits to the recovery Because the habitat identified in perspective rather than a piecemeal, of a species than would listing alone. Caspers Wilderness Park within Subunit project-by-project approach (as would Any protections provided by critical 4b is already conserved and managed occur under sections 7 of the Act or habitat that are redundant with under the Caspers Wilderness Park through smaller HCPs), thus resulting in protections already in place reduce the Program, no educational benefits would coordinated landscape-scale benefits of inclusion in critical habitat. be realized in this area. conservation that can contribute to The consultation provisions under The designation of Brodiaea filifolia genetic diversity by preserving covered section 7(a)(2) of the Act constitute the critical habitat may also strengthen or species populations, habitat, and regulatory benefits of designating lands reinforce some of the provisions in other interconnected linkage areas that as critical habitat. As discussed above, State and Federal laws, such as CEQA support recovery of Brodiaea filifolia Federal agencies must consult with us or NEPA. These laws analyze the and other listed species. Additionally, on actions that may affect critical potential for projects to significantly many landowners perceive critical

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habitat as an unfair and unnecessary Southern Subregion HCP and the impacts to current and future regulatory burden given the expense Caspers Wilderness Park Program, and partnerships. Under section 4(b)(2) of and time involved in developing and foster additional partnerships for the the Act, for the reasons discussed in the implementing complex regional and benefit of Brodiaea filifolia and other following sections, we are exercising jurisdiction-wide HCPs, such as the species. Therefore, in consideration of our delegated discretion to exclude 156 Orange County Southern Subregion HCP the relevant impact to current and ac (63 ha) of land within Subunit 7d and (as discussed below in Comments 57 future partnerships, we determined the portions of Subunits 7a and 7c from this and 75 of the Summary of Comments significant benefits of exclusion final revised critical habitat designation. and Recommendations section of this outweigh the minor benefits of critical We are including approximately 106 ac rule). Exclusion of Orange County habitat designation. We analyzed the (43 ha) of land within Subunit 7b and Southern Subregion HCP lands would benefits of including lands within portions of Subunits 7a and 7c in this help preserve the partnership we Subunits 4c, 4g, and the reminder of 4b revised critical habitat designation. As developed with the County of Orange (that is not conserved and managed) in described in our section 4(b)(2) analysis and other permittees in the the final designation and the benefits of below, we reached this determination in development of the HCP, and foster excluding those lands from the consideration of the benefits of future partnerships and development of designation. We recognize that the plan exclusion balanced against the benefits future HCPs. has established valuable partnerships of including the areas in the final In summary, we believe excluding that are intended to implement revised critical habitat designation. land covered by the Orange County conservation actions for B. filifolia. The Carlsbad HMP is a subarea plan Southern Subregion HCP from revised However, in conducting our evaluation under the purview of the San Diego critical habitat could provide the of the conservation benefits to B. filifolia MHCP. The San Diego MHCP is a significant benefit of maintaining and its proposed revised critical habitat comprehensive, multi-jurisdictional existing regional HCP partnerships and that have resulted to date from these planning program designed to create, fostering new ones. partnerships, we did not conclude that manage, and monitor an ecosystem preserve in northwestern San Diego Weighing Benefits of Exclusion Against the benefits of excluding Subunits 4c, County. The San Diego MHCP is also a Benefits of Inclusion—Orange County 4g, and the remainder of 4b (that is not subregional plan under the State of Southern Subregion HCP conserved and managed) from revised critical habitat outweighs the benefits of California’s Natural Communities We reviewed and evaluated the inclusion. Conservation Plan (NCCP) program and benefits of inclusion and benefits of was developed in cooperation with exclusion for all lands owned by or Exclusion Will Not Result in Extinction CDFG. The MHCP preserve system is under the jurisdiction of Orange County of the Species—Subunit 4b, Orange intended to protect viable occurrences Southern Subregion HCP permittees as County Southern Subregion HCP of native plant and animal species and revised critical habitat for Brodiaea We determined that the exclusion of their habitats in perpetuity, while filifolia. The benefits of including lands approximately 192 ac (78 ha) of land in accommodating continued economic already conserved and managed in the Subunit 4b owned by or under the development and quality of life for revised critical habitat designation are jurisdiction of Orange County Southern residents of northern San Diego County. relatively small compared to the Subregion HCP permittees from the final The MHCP includes an approximately benefits of exclusion. Approximately revised critical habitat designation for 112,000-ac (45,324-ha) plan area within 192 ac (78 ha) of land in Subunit 4b at Brodiaea filifolia will not result in the cities of Carlsbad, Encinitas, Caspers Wilderness Park are conserved extinction of the species. These areas Escondido, San Marcos, Oceanside, and managed. Thus, it is unlikely that are permanently conserved and Vista, and Solana Beach. At this time, Federal actions that would adversely managed to provide a benefit to B. only the City of Carlsbad has completed affect B. filifolia or its habitat will occur filifolia and its habitat. Therefore, based its Subarea Plan (Carlsbad HMP). The within Caspers Wilderness Park, and on the above discussion, we are section 10(a)(1)(B) permit for the City of any regulatory benefits provided by exercising our delegated discretion to Carlsbad HMP was issued on November section 7(a)(2) of the Act would be exclude approximately 192 ac (78 ha) of 9, 2004 (Service 2004a). minimal and largely redundant with the land conserved and managed by Orange Brodiaea filifolia is a covered species protections already in place for this County Southern Subregion HCP under the Carlsbad HMP. Nine habitat. Because the habitat identified in permittees in Subunit 4b from this final occurrences of B. filifolia exist within Caspers Wilderness Park within Subunit revised critical habitat designation. the City of Carlsbad. We proposed 4 of 4b is already conserved and managed these 9 occurrences as revised critical San Diego Multiple Habitat under the Caspers Wilderness Park habitat in Subunits 7a, 7b, 7c, and 7d. Program, we do not believe critical Conservation Program (MHCP)— Under the Carlsbad HMP, all known habitat designation for B. filifolia will Carlsbad Habitat Management Plan occurrences of B. filifolia within provide additional educational benefits. (Carlsbad HMP) existing preserve areas (7 of 9 known In contrast to the benefits of We determined approximately 261 ac occurrences) will be conserved at 100 inclusion, the benefits of excluding (106 ha) of land in Subunits 7a, 7b, 7c, percent. All covered activities impacting conserved and managed land covered by and 7d within the Carlsbad HMP B. filifolia outside of already preserved the Caspers Wilderness Park Program planning area meet the definition of areas are required to be consistent with (under the Orange County Southern critical habitat under the Act. In making the MHCP’s narrow endemic policy, Subregion HCP) from revised critical our final decision with regard to these which requires mitigation for habitat are significant. The exclusion of lands, we considered several factors, unavoidable impacts and management these lands from revised critical habitat including conservation measures and practices designed to achieve no net loss will help preserve the partnership and management that are in place on these of narrow endemic populations, conservation and management we lands, our relationship with the occupied acreage, or population developed with Orange County and participating MHCP jurisdiction, our viability within Focused Planning Areas other local stakeholders in the relationship with other MHCP (planning areas within which preserves development of the Orange County stakeholders, existing consultations, and may be designated by city subarea

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plans). Additionally, cities cannot other habitats within the preserve. The threats to the degree feasible (Planning permit more than 5 percent gross preserve will be managed in perpetuity Systems 2002, p. 11). cumulative loss of narrow endemic to maintain and improve the habitat Approximately 98 ac (40 ha), or 100 populations or occupied acreage within quality on-site. Scheduled management percent, of Subunit 7d is covered by the the Focused Planning Areas, and no activities include: (1) Vegetation Habitat Management Plan for the more than 20 percent cumulative loss of mapping performed at a minimum of Rancho La Costa Habitat Conservation narrow endemic locations, population every five years; (2) annual exotic Area (Rancho La Costa Management numbers, or occupied acreage outside of species removal and control within the Plan) in conformance with the Carlsbad Focused Planning Areas (AMEC 2003, preserve; (3) preserve signage creation, HMP, and, for the reasons discussed in pp. 2–14, D–1). All conserved installation, and monitoring; (4) the following sections, we are exercising populations of B. filifolia will be monthly site visits to check fencing and our delegated discretion to exclude incorporated into the Carlsbad HMP’s identify any threats to the habitat, such these lands from this final revised preserve areas. The Carlsbad HMP as unauthorized access to the site; (5) critical habitat designation pursuant to section 4(b)(2) of the Act. Within this includes provisions to manage the annual monitoring of the B. filifolia area is a population of Brodiaea filifolia populations within the preserve areas in population and its habitat; (6) annual and its habitat that is conserved and order to provide for the long-term publication of an educational newsletter conservation of the species. Portions of managed in its entirety within a 1,400 to surrounding businesses; and (7) Subunits 7a and 7c, and Subunit 7b in ac-(565-ha) habitat preserve set aside by preparation of annual reports to the City its entirety are within pre-existing open the property owners as mitigation for of Carlsbad, CDFG, and the Service space easements owned by private impacts to natural habitat as part of the landowners outside Focused Planning (RECON 2005, pp. 12–13, 16, 18, 24). Villages of La Costa and University Areas and are not yet incorporated into Approximately 45 ac (18 ha), or 63 Commons developments (CNLM 2005, the Carlsbad HMP’s preserve. Therefore, percent, of Subunit 7c is covered by the pp. 1, 5). Management strategies additional regulatory protection could Calavera Hills Phase II Final Habitat outlined in the plan include: (1) Annual provide significant conservation Management Plan (Calavera Hills counts of the B. filifolia population; (2) benefits to B. filifolia and its habitat in Management Plan) in conformance with exotic species removal and control; (3) portions of Subunits 7a and 7c, and the the Carlsbad HMP, and, for the reasons regular patrolling of the preserve to entirety of Subunit 7b. discussed in the following sections, we monitor public use; (4) maintenance of At the time the Carlsbad HMP permit are exercising our delegated discretion access control (e.g., fencing and signage) was issued (November 9, 2004), to exclude these lands from this final and trails; (5) informing and educating Brodiaea filifolia was a conditionally revised critical habitat designation the local residents through publication covered species under the Carlsbad pursuant to section 4(b)(2) of the Act. of outreach information, guided nature HMP, as the proposed reserve on the Within this area is a population of walks, and annual publication of Fox-Miller property within Subunit 7a Brodiaea filifolia that is conserved and educational newsletters; and (6) did not meet the conditions for coverage managed within a 144 ac (58 ha) habitat preparation of annual reports to the of the species under the Carlsbad HMP. preserve set aside by the developer of Cities of Carlsbad and San Marcos, The project was subsequently Calavera Hills Phase II (Planning CDFG, and the Service (CNLM 2005, pp. redesigned to meet the narrow endemic Systems 2002, pp. 1, 4). The purpose of 28, 32–34, 36, 38). In addition to routine standards by impacting less than five the Calavera Hills Management Plan is monitoring of the preserve, specific percent of the known population, and a to establish parameters for the management strategies that would long-term management plan was permanent protection and management benefit B. filifolia and its proposed submitted. On December 2, 2005, the of the preserve (Planning Systems 2002, revised critical habitat include Service and CDFG concluded that the p. 3). Scheduled management activities monitoring percent cover of native and nonnative annual plant species within City of Carlsbad would receive full include, but are not limited to: (1) coverage for B. filifolia under the its habitat and removing nonnative Habitat monitoring and mapping; (2) Carlsbad HMP (CDFG and Service 2005, plant species (CNLM 2005, p. 21). patrolling for signs of trespassing, p. 1). Approximately 13 ac (5 ha), of lands dumping, vandalism, off-road vehicle Benefits of Inclusion—Carlsbad HMP that meet the definition of critical use, homeowner encroachment, and any The principal benefit of including an habitat within Subunit 7a are conserved other disturbances by humans; (3) trash area in a critical habitat designation is and managed under the Long-Term removal conducted at a minimum of the requirement of Federal agencies to Management Plan for Fox-Miller every six months; (4) publication of an ensure actions they fund, authorize, or Property Open Space (Fox-Miller educational flyer for distribution to carry out are not likely to result in the Management Plan) in conformance with surrounding property owners; (5) destruction or adverse modification of the Carlsbad HMP, and, for the reasons photograph documentation of site any designated critical habitat; the discussed in the following sections, we conditions; (6) monitoring of preserve regulatory standard of section 7(a)(2) of are exercising our delegated discretion signage and fencing; (7) exotic species the Act under which consultation is to exclude these lands from this final removal and control; (8) erosion control; completed. Federal agencies must revised critical habitat designation and (9) preparation of annual reports to consult with the Service on actions that pursuant to section 4(b)(2) of the Act. the City of Carlsbad, CDFG, and the may affect critical habitat and must The approximately 13 ac (5 ha) have Service (Planning Systems 2002, pp. 9– avoid destroying or adversely modifying been conserved and managed in a 14, 16, 25–26). In addition to routine critical habitat. Federal agencies must preserve to mitigate impacts to the monitoring of the preserve, specific also consult with us on actions that may biological resources associated with the management strategies that benefit B. affect a listed species and refrain from development of the Fox-Miller property filifolia and its proposed revised critical undertaking actions that are likely to (RECON 2005, p. 1). The Fox-Miller habitat include: (1) Annual mapping jeopardize the continued existence of Management Plan provides a framework and counting of the B. filifolia such species. The analysis of effects to for the enhancement and management population; and (2) protection from critical habitat is a separate and of Brodiaea filifolia, its habitat, and human trampling or other potential different analysis from that of the effects

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to the species. Therefore, the difference conservation of B. filifolia of including significant educational benefits will be in outcomes of these two analyses the conserved and managed areas realized in areas that meet the definition represents the regulatory benefit of proposed for designation in Subunits 7a, of critical habitat and are currently critical habitat. For some species 7c, and 7d in revised critical habitat conserved and managed under the (including Brodiaea filifolia), and in would be minimal. However, we expect Carlsbad HMP because this species has some locations, the outcome of these the regulatory benefit to the been a focus of conservation in the City analyses will be similar, because effects conservation of B. filifolia of including of Carlsbad for many years. In areas that to habitat will often also result in effects areas proposed for designation that are are not currently conserved and to the species. However, the regulatory not conserved and managed in Subunits managed, we believe there may be more standard is different, as the jeopardy 7a, 7b, and 7c in revised critical habitat significant regulatory benefits of critical analysis investigates the action’s impact would be greater than the benefit to the habitat designation. to survival and recovery of the species, conserved and managed areas. Benefits of Exclusion—Carlsbad HMP while the adverse modification analysis Another possible benefit of including investigates the action’s effects to the lands in critical habitat is public We believe conservation benefits designated habitat’s contribution to education regarding the potential would be realized by forgoing conservation. This will, in many conservation value of an area that may designation of revised critical habitat on instances, lead to different results and help focus conservation efforts on areas lands covered by the Carlsbad HMP different regulatory requirements. Thus, of high conservation value for certain including: (1) Continuance and critical habitat designations may species. Any information about strengthening of our effective working provide greater benefits to the recovery Brodiaea filifolia and its habitat that relationships with all MHCP of a species than would listing alone. reaches a wide audience, including jurisdictions and stakeholders to parties engaged in conservation Any protections provided by critical promote conservation of Brodiaea activities, is valuable. The inclusion of habitat that are redundant with filifolia and its habitat; (2) allowance for lands in the B. filifolia proposed and protections already in place reduce the continued meaningful proactive final revised critical habitat designation benefits of inclusion in critical habitat. collaboration and cooperation in that are not conserved and managed is The consultation provisions under working toward species recovery, beneficial to the species because the section 7 of the Act constitute the including conservation benefits that proposed and final rules identify those might not otherwise occur; (3) regulatory benefits of designating lands lands that require management for the as critical habitat. As discussed above, encouragement of other jurisdictions to conservation of B. filifolia. The process complete subarea plans under the Federal agencies must consult with us of proposing and finalizing revised on actions that may affect critical MHCP (i.e., the cities of Encinitas, critical habitat provided the opportunity Escondido, San Marcos, Oceanside, habitat and must avoid destroying or for peer review and public comment on adversely modifying critical habitat. Vista, and Solana Beach); and (4) habitat we determined meets the encouragement of additional Critical habitat may provide a regulatory definition of critical habitat. This conservation and management in the benefit for Brodiaea filifolia when there process is valuable to landowners and future on other lands for this and other is a Federal nexus present for a project managers in prioritizing conservation federally listed and sensitive species, that might adversely modify critical and management of identified areas. including incorporation of protections habitat. Specifically, we expect projects However, we do not believe critical for plant species, which is voluntary in wetland areas would require a 404 habitat designation for B. filifolia will because the Act does not prohibit take permit under the Clean Water Act from provide significant additional of plant species. the Army Corps of Engineers. Therefore, educational benefits in areas that are critical habitat designation could have already conserved and managed because The Carlsbad HMP addresses an additional regulatory benefit to the this species has been a focus of conservation issues from a coordinated, conservation of B. filifolia by conservation in the City of Carlsbad for integrated perspective rather than a prohibiting adverse modification of several years. piecemeal, project-by-project approach revised critical habitat. However, the The designation of Brodiaea filifolia (as would occur under section 7 of the probability of a project with a Federal critical habitat may also strengthen or Act or through smaller HCPs), thus nexus occurring in land covered by the reinforce some of the provisions in other resulting in coordinated landscape-scale Carlsbad HMP within Subunits 7a, 7b, State and Federal laws, such as CEQA conservation that can contribute to 7c, and 7d is low, as the areas are or NEPA. These laws analyze the genetic diversity by preserving covered outside any wetland areas, and are potential for projects to significantly species populations, habitat, and privately owned; the probability of a affect the environment. In the City of interconnected linkage areas that project with a Federal nexus occurring Carlsbad, the additional protections support recovery of Brodiaea filifolia in Subunit 7d (which is conserved and associated with revised critical habitat and other listed species. Additionally, managed) or the conserved and may be beneficial in areas not currently many landowners perceive critical managed portions of Subunits 7a and 7c conserved. Critical habitat may signal habitat as an unfair and unnecessary is further lessened by the fact that these the presence of sensitive habitat that regulatory burden given the expense areas are protected from development could otherwise be missed in the review and time involved in developing and and other potential impacts. If such process for these other environmental implementing complex regional and actions do occur in the conserved and laws. jurisdiction-wide HCPs, such as the managed portions of Subunits 7a, 7c, or In summary, we believe that Carlsbad HMP (as discussed further in 7d, it is likely that the protections designating revised critical habitat Comments 57 and 75 below in the provided the species and its habitat would provide minimal regulatory Summary of Comments and under section 7(a)(2) of the Act would benefits under section 7(a)(2) of the Act Recommendations section of this rule). be largely redundant with the in areas that meet the definition of Exclusion of Carlsbad HMP lands would protections offered by conservation critical habitat and are currently help preserve the partnership we under the Carlsbad HMP. Thus, we conserved and managed under the developed with the City of Carlsbad in expect the regulatory benefit to the Carlsbad HMP. We also believe no the development of the HMP, and foster

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future partnerships and development of to implement conservation actions for B. The Western Riverside County future HCPs. filifolia. However, in conducting our MSHCP is a regional, multi- In summary, we believe excluding evaluation of the conservation benefits jurisdictional HCP encompassing land covered by the Carlsbad HMP from to B. filifolia and its proposed revised approximately 1.26 million ac (510,000 revised critical habitat could provide critical habitat that have resulted to date ha) of land in western Riverside County. the significant benefit of maintaining from these partnerships, we did not The Western Riverside County MSHCP existing regional HCP partnerships and conclude that the benefits of excluding addresses 146 listed and unlisted fostering new ones. areas that are not conserved and ‘‘covered species,’’ including Brodiaea Weighing Benefits of Exclusion Against managed (Subunit 7b and portions of filifolia. The Western Riverside County Benefits of Inclusion—Carlsbad HMP Subunits 7a and 7c) from revised critical MSHCP includes a multi-species habitat outweigh the benefits of conservation program designed to We reviewed and evaluated the inclusion. minimize and mitigate the effects of benefits of inclusion and benefits of Exclusion Will Not Result in Extinction expected habitat loss and associated exclusion for all lands covered by the incidental take of covered species. On Carlsbad HMP proposed as revised of the Species—Subunits 7a, 7c, and 7d, Carlsbad HMP June 22, 2004, the Service issued a critical habitat for Brodiaea filifolia. The single incidental take permit under benefits of including lands covered by We determined that the exclusion of section 10(a)(1)(B) of the Act to 22 the Carlsbad HMP that are conserved approximately 156 ac (63 ha) of land permittees under the Western Riverside and managed in the revised critical covered by the Carlsbad HMP in County MSHCP for a period of 75 years habitat designation are relatively small Subunit 7d and a portion of Subunits 7a (Service 2004b, TE–088609–0). We compared to the benefits of exclusion. and 7c from the final revised critical concluded in our biological opinion Approximately 13 ac (5 ha) of land in habitat designation for Brodiaea filifolia (Service 2004b, p. 386) that Subunit 7a at Fox-Miller, approximately will not result in extinction of the implementation of the plan, as 45 ac (18 ha) of land in Subunit 7c at species. These areas are permanently proposed, was not likely to jeopardize Calavera Hills, and all of the conserved and managed to provide a the continued existence of B. filifolia. approximately 98 ac (40 ha) of land in benefit to B. filifolia and its habitat. Our determination was based on our Subunit 7d at Rancho La Costa are Therefore, based on the above conclusion that 78 percent of B. filifolia already conserved and managed. Thus, discussion, we are exercising our suitable habitat and at least 76 percent it is unlikely that Federal actions that delegated discretion to exclude of the extant occurrences known at that would adversely affect B. filifolia or its approximately 156 ac (63 ha) of time would be protected or will remain habitat will occur within these areas, conserved and managed land in Subunit within the Western Riverside County and any regulatory benefits provided by 7d and portions of Subunits 7a and 7c MSHCP Conservation Area. section 7(a)(2) of the Act would be from this final revised critical habitat minimal and largely redundant with the designation. The Western Riverside County protections already in place for this MSHCP, when fully implemented, will habitat. Because this species has been a Western Riverside County Multiple establish approximately 153,000 ac focus of conservation in the City of Species Habitat Conservation Plan (61,917 ha) of new conservation lands Carlsbad for several years, we do not (Western Riverside County MSHCP) (Additional Reserve Lands) to believe critical habitat designation for B. We determined that approximately complement the approximately 347,000 filifolia will provide additional 1,494 ac (604 ha) of land in Subunits ac (140,426 ha) of pre-existing natural educational benefits in areas that are 11a, 11b, 11c, 11d, 11e, 11f, 11g, and and open space areas (Public/Quasi- already conserved and managed. 11h that are within the Western Public (PQP) lands). These PQP lands In contrast to the benefits of Riverside County MSHCP planning area include those under ownership of inclusion, the benefits of excluding meet the definition of critical habitat public or quasi-public agencies, conserved and managed land covered by under the Act. In making our final primarily the United States Forest the Carlsbad HMP from revised critical decision with regard to these lands, we Service (USFS) and Bureau of Land habitat are significant. The exclusion of considered several factors including our Management (BLM), as well as these lands from revised critical habitat relationships with participating permittee-owned or controlled open- will help preserve the partnership and jurisdictions and other stakeholders, space areas managed by the State of conservation and management we existing consultations, conservation California and Riverside County. developed with the City of Carlsbad and measures and management that are in Collectively, the Additional Reserve other local stakeholders in the place on these lands, and impacts to Lands and PQP lands form the overall development of the Carlsbad HMP, and current and future partnerships. Under Western Riverside County MSHCP foster additional partnerships for the section 4(b)(2) of the Act, for the reasons Conservation Area. The configuration of benefit of Brodiaea filifolia and other discussed in the following sections, we the 153,000 ac (61,916 ha) of Additional species. Therefore, in consideration of are exercising our delegated discretion Reserve Lands is not mapped or the relevant impact to current and to exclude 381 ac (154 ha) of land precisely identified (‘‘hard-lined’’) in the future partnerships, we determined the within Subunits 11g, 11h, and a portion Western Riverside County MSHCP. significant benefits of exclusion of Subunit 11f from this final revised Rather, it is based on textual outweigh the minor benefits of critical critical habitat designation. We are descriptions of habitat conservation habitat designation. We analyzed the including 1,113 ac (450 ha) of land necessary to meet the conservation goals benefits of including lands within within Subunits 11a, 11b, 11c, 11d, 11e, for all covered species within the Subunit 7b and portions of Subunits 7a and a portion of Subunit 11f in this bounds of the approximately 310,000-ac and 7c (that are not conserved and revised critical habitat designation. As (125,453-ha) Criteria Area and is managed) in the final designation and described in our analysis below, we determined as implementation of the the benefits of excluding those lands reached this conclusion by weighing the Western Riverside County MSHCP takes from the designation. We recognize that benefits of exclusion balanced against place. In an effort to predict one the Carlsbad HMP has established the benefits of including an area in the possible future configuration of the valuable partnerships that are intended final revised critical habitat designation. Additional Reserve Lands, we internally

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mapped a ‘‘Conceptual Reserve Design’’ trampling by cattle and sheep, weed completed. Federal agencies must based on our interpretation of the abatement, fire suppression practices consult with the Service on actions that textual descriptions of habitat (including discing and plowing), and may affect critical habitat and must conservation necessary to meet competition from nonnative plant avoid destroying or adversely modifying conservation goals. species (Service 2004b, p. 380). The critical habitat. Federal agencies must Specific conservation objectives in the Western Riverside County MSHCP will also consult with us on actions that may Western Riverside County MSHCP for remove and reduce threats to B. filifolia affect a listed species and refrain from Brodiaea filifolia include providing and the physical and biological features undertaking actions that are likely to 6,900 ac (2,786 ha) of occupied or essential to the conservation of the jeopardize the continued existence of suitable habitat for the species in the species as the plan is implemented by such species. The analysis of effects to MSHCP Conservation Area along preserving large blocks of suitable critical habitat is a separate and portions of San Jacinto River (Subunits habitat throughout the Conservation different analysis from that of the effects 11a, 11b, 11c, 11d), Mystic Lake, and Area. The plan also generates funding to the species. Therefore, the difference Salt Creek (Subunit 11e) (Service 2004b, for long-term management of conserved in outcomes of these two analyses p. 384). This acreage can be attained lands for the benefit of the species they represents the regulatory benefit of through acquisition or other dedications protect. critical habitat. For some species of land assembled from within the Below is a brief analysis of the lands (including Brodiaea filifolia), and in Criteria Area (as these lands are in Subunits 11g, 11h, and a portion of some locations, the outcome of these acquired they become part of the Subunit 11f that we are exercising our analyses will be similar, because effects Additional Reserve Lands). Floodplain delegated discretion to exclude under to habitat will often also result in effects processes along the San Jacinto River section 4(b)(2) of the Act, and how these to the species. However, the regulatory and along Salt Creek will be maintained areas are conserved and managed standard is different, as the jeopardy to provide for persistence of the species. consistent with the Western Riverside analysis investigates the action’s impact Additionally, at least 76 percent of the County MSHCP. to survival and recovery of the species, known B. filifolia occurrences as of 2004 Approximately 381 ac (154 ha) of while the adverse modification analysis will remain on existing PQP lands or be lands that meet the definition of critical investigates the action’s effects to the conserved within the Additional habitat within Subunits 11g, 11h, and a designated habitat’s contribution to Reserve Lands. Finally, areas within the portion of Subunit 11f are conserved conservation. This will, in many Criteria Area where there is potential and managed on PQP lands at the Santa instances, lead to different results and suitable habitat for B. filifolia that is not Rosa Plateau Ecological Reserve (Santa different regulatory requirements. Thus, yet protected are subject to the Rosa Plateau). This reserve has four critical habitat designations may Additional Survey Needs and landowners: CDFG, the County of provide greater benefits to the recovery Procedures Policy (see Additional Riverside, the Metropolitan Water of a species than would listing alone. Survey Needs and Procedures, Western District of Southern California, and The Any protections provided by critical Riverside County MSHCP, Volume 1, Nature Conservancy. The landowners habitat that are redundant with section 6.3.2 in Dudek & Associates, Inc. and the Service (which owns no land on protections already in place reduce the 2003b). In these areas, surveys for B. the Santa Rosa Plateau) signed a benefits of inclusion in critical habitat. filifolia are required as part of the cooperative management agreement on The consultation provisions under project review process for public and April 16, 1991 (Dangermond and section 7(a)(2) of the Act constitute the private projects where suitable habitat is Associates, Inc. 1991), and meet regulatory benefits of designating lands present (see Criteria Area Species regularly to work on the management of as critical habitat. As discussed above, Survey Area (CASSA) Map, Figure 6–2 the reserve (Riverside County Parks Federal agencies must consult with us of the Western Riverside County 2009, p. 2). These conserved lands in on actions that may affect critical MSHCP, Volume I in Dudek & Subunits 11g, 11h, and a portion of habitat and must avoid destroying or Associates, Inc. 2003b). For locations Subunit 11f are part of the large, adversely modifying critical habitat. with positive survey results, 90 percent contiguous area of approximately 8,500 Critical habitat may provide a regulatory of those portions of the property that ac (3,432 ha) that make up the Santa benefit for Brodiaea filifolia when there provide long-term conservation value Rosa Plateau, including areas that is a Federal nexus present for a project for the species will be avoided until it provide for habitat connectivity between that might adversely modify revised is demonstrated that the conservation B. filifolia populations. Thus, the Santa critical habitat. Specifically, we expect objectives for the species are met. Once Rosa Plateau and associated projects in wetland areas would require species-specific objectives are met, management plan provides protection to a 404 permit under the Clean Water Act avoided areas would be evaluated to the reserve’s B. filifolia proposed from the Army Corps of Engineers. determine whether they should be revised critical habitat through the Therefore, critical habitat designation released for development or included in conservation and management of an will have an additional regulatory the MSHCP Conservation Area. area that may otherwise be left benefit to the conservation of B. filifolia Preservation and management of unprotected without the reserve. by prohibiting adverse modification of approximately 6,900 ac (2,786 ha) of revised critical habitat. Brodiaea filifolia habitat under the Benefits of Inclusion—Western As discussed above, the Western Western Riverside County MSHCP will Riverside County MSHCP Riverside County MSHCP provides for contribute to the conservation and The principal benefit of including an protection of Brodiaea filifolia habitat ultimate recovery of this species. area in a critical habitat designation is considered necessary for survival and Brodiaea filifolia is threatened primarily the requirement of Federal agencies to recovery of the species. For locations by habitat destruction and ensure actions they fund, authorize, or with positive survey results, impacts to fragmentation from urban and carry out are not likely to result in the 90 percent of portions of the property agricultural development, pipeline destruction or adverse modification of that provide long-term conservation construction, alteration of hydrology any designated critical habitat: the value for the species will be avoided and floodplain dynamics, excessive regulatory standard of section 7(a)(2) of until it is demonstrated that the flooding, channelization, OHV activity, the Act under which consultation is conservation objectives for the species

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have been met. The Western Riverside possibly due to the lack of public the presence of sensitive habitat that County MSHCP does not include awareness. For example, manure could otherwise be missed in the review dumping of manure and other soil dumping on private property along the process for these other environmental amendments as a covered activity, and San Jacinto River is impacting habitat laws. thus does not include measures to within the Western Riverside County In summary, we believe that minimize or mitigate impacts from that MSHCP plan area. These impacts are designating revised critical habitat will activity. However, the activity is occurring despite identification of these provide minimal regulatory benefits occurring in some habitat areas that areas as important for the survival and under section 7(a)(2) of the Act in areas have not yet been conserved. As recovery of B. filifolia in the Western currently conserved and managed, and discussed in Comment 28 below, this Riverside County MSHCP and the no additional educational benefits threat is significant and ongoing within critical habitat designation published in would be realized under these the Western Riverside County MSHCP the Federal Register on December 13, circumstances. In areas that are not plan area (specifically in Subunits 11b, 2005 (70 FR 73820) (see Comment 27 in currently conserved or where no local 11c, and 11e) in habitat that is not yet the Summary of Comments and ordinance exists to protect Brodiaea conserved and managed to benefit the Recommendations section below). filifolia habitat from manure dumping species. Therefore, for activities covered Manure dumping was not discussed as activities (i.e., impacts that are not a under the plan, we believe that an impact to B. filifolia in the Biological covered activity under the Western protections provided by the designation Opinion on the Western Riverside Riverside County MSHCP), we believe of revised critical habitat will be County MSHCP (Service 2004b, pp. that there are significant regulatory and partially redundant with protections 378–386). We have been working with educational benefits of critical habitat provided by the HCP; however, permittees to implement additional designation. additional regulatory protection from ordinances that will help to control Benefits of Exclusion—Western manure dumping could provide activities (such as manure dumping) Riverside County MSHCP significant conservation benefits to B. that may impact the implementation of filifolia in Subunits 11b, 11c, and 11e. the Western Riverside County MSHCP We believe conservation benefits Another possible benefit of including conservation objectives. To date, the would be realized by forgoing lands in critical habitat is public City of Hemet is the only Western designation of revised critical habitat for education regarding the potential Riverside County MSHCP permittee that Brodiaea filifolia on lands covered by conservation value of an area that may has addressed the negative impacts that the Western Riverside County MSHCP help focus conservation efforts on areas manure dumping has on vernal pool including: (1) Continuance and strengthening of of high conservation value for certain habitat through the enactment of our effective working relationships with species. Any information about Ordinance 1666 (i.e., the ordinance that all Western Riverside County MSHCP Brodiaea filifolia and its habitat that prevents manure dumping activities and jurisdictions and stakeholders to reaches a wide audience, including educates its citizens). We believe promote conservation of the B. filifolia, parties engaged in conservation including areas in the B. filifolia revised its habitat, and 145 other species activities, is valuable. The inclusion of critical habitat designation where covered by the HCP and their habitat; lands in the B. filifolia proposed and manure dumping still occurs on non- final revised critical habitat designation (2) Allowance for continued conserved land will provide information meaningful proactive collaboration and that are not conserved and managed is to the public and local jurisdictions beneficial to the species because the cooperation in working toward regarding the importance of addressing proposed rule identifies those lands that protecting and recovering this species this threat, which alters the physical require management for the and the many other species covered by and biological features essential to the conservation of B. filifolia. The process the HCP, including conservation conservation of B. filifolia. Therefore, of proposing and finalizing revised benefits that might not otherwise occur; we believe there is a significant critical habitat provided the opportunity (3) Encouragement for local educational conservation benefit of for peer review and public comment on jurisdictions to fully participate in the critical habitat designation in areas habitat we determined meets the Western Riverside County MSHCP; and where manure dumping occurs within definition of critical habitat. This (4) Encouragement of additional HCPs the Western Riverside County MSHCP process is valuable to landowners and and other conservation and management managers in prioritizing conservation plan area. However, no educational activities in the future on other lands for and management of identified areas. In benefits would be realized in the this and other federally listed and general, we believe the designation of approximately 381 ac (154 ha) of lands sensitive species, including critical habitat for B. filifolia will that meet the definition of critical incorporation of protections for plant provide to the public additional habitat within Subunits 11g, 11h, and a species which is voluntary because the information not already sufficiently portion of Subunit 11f that are already Act does not prohibit take of plant emphasized through meetings, and conserved and managed on PQP lands at species. educational materials provided to the the Santa Rosa Plateau Ecological We developed a close partnership general public by the County of Reserve. with the permittees of the Western Riverside. The designation of Brodiaea filifolia Riverside County MSHCP through the The benefit of educating the public critical habitat may also strengthen or development of the HCP, which about Brodiaea filifolia habitat may be reinforce some of the provisions in other incorporates protections (conserved significant because the distribution of B. State and Federal laws, such as CEQA lands) and management for Brodiaea filifolia habitat in Riverside County is or NEPA. These laws analyze the filifolia, its habitat, and the physical and not well known and the importance of potential for projects to significantly biological features essential to the these habitat areas may not be known to affect the environment. In Riverside conservation of this species. the public. Activities are taking place County, the additional protections Additionally, many landowners that harm habitat where B. filifolia associated with revised critical habitat perceive critical habitat as an unfair and occurs (including the associated local may be beneficial in areas not currently unnecessary regulatory burden given the watershed areas) in Riverside County conserved. Critical habitat may signal expense and time involved in

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developing and implementing complex Western Riverside County MSHCP, and approximately 171,920 ac (69,574 ha) of regional and jurisdiction-wide HCPs, foster additional partnerships for the preserve lands within the Multi-Habitat such as the Western Riverside County benefit of Brodiaea filifolia and other Planning Area (MHPA) (City of San MSHCP (as discussed further in species. Therefore, in consideration of Diego Subarea Plan), Pre-Approved Comments 57 and 75 below in the the relevant impact to current and Mitigation Areas (PAMA) (County of Summary of Comments and future partnerships, we determined the San Diego Subarea Plan), and Mitigation Recommendations section of this rule). significant benefits of exclusion Area (City of Poway Subarea Plan). The Exclusion of Western Riverside County outweigh the minor benefits of critical MSCP was developed in support of MSHCP lands would help preserve the habitat designation for lands that are applications for incidental take permits partnerships we developed with the conserved and managed. We analyzed by 12 participating jurisdictions in County of Riverside and other local the benefits of including lands within southwestern San Diego County. Under jurisdictions in the development of the Subunits 11a, 11b, 11c, 11d, 11e, and a the umbrella of the MSCP, each of the HCP, and foster future partnerships and portion of Subunit 11f (that are not 12 participating jurisdictions is required development of future HCPs, and conserved and managed) in the final to prepare a subarea plan that encourage the establishment of future designation and the benefits of implements the goals of the MSCP conservation and management of habitat excluding those lands from the within that particular jurisdiction. for B. filifolia and other sensitive designation. We recognize that the Brodiaea filifolia was evaluated in the species. Western Riverside County MSHCP has MSCP subregional plan, and is a In summary, we believe excluding established valuable partnerships that covered species under the County of land covered by the Western Riverside are intended to implement conservation San Diego MSCP Subarea Plan. The County MSHCP from revised critical actions for B. filifolia. However, in Service issued the County of San Diego habitat could provide the significant conducting our evaluation of the a single incidental take permit (TE– benefit of maintaining existing regional conservation benefits to B. filifolia and 840414) under section 10(a)(1)(B) of the HCP partnerships and fostering new its proposed revised critical habitat that Act for the County of San Diego Subarea ones. have resulted to date from these Plan under the MSCP for a period of 50 Weighing Benefits of Exclusion Against partnerships, we did not conclude that years on March 17, 1998. The County of San Diego has both Benefits of Inclusion—Western the benefits of excluding areas that are ‘‘hardline’’ boundaries as well as Riverside County MSHCP not conserved and managed (Subunits 11a, 11b, 11c, 11d, 11e, and a portion preserve areas that do not have We reviewed and evaluated the of Subunit 11f) from revised critical ‘‘hardline’’ boundaries. In areas where benefits of inclusion and benefits of habitat outweigh the benefits of the ‘‘hardlines’’ are not defined, the exclusion for lands covered by the inclusion. County’s subarea plan identifies areas Western Riverside County MSHCP where mitigation activities should be proposed as revised critical habitat for Exclusion Will Not Result in Extinction focused to assemble its preserve areas or Brodiaea filifolia. The benefits of of the Species—Subunits 11f, 11g, and the PAMA. Those areas of the County of including conserved and managed lands 11h, Western Riverside County MSHCP San Diego Subarea preserve, and other under the Western Riverside County We determined exclusion of 381 ac MSCP subarea preserves that are either MSHCP in the revised critical habitat (154 ha) of land in Subunits 11g, 11h, conserved or designated for inclusion in designation are relatively small and a portion of 11f within the Western the preserves under the plan are referred compared to the benefits of exclusion. Riverside County MSHCP planning area to as the ‘‘MSCP preserve’’ in this Approximately 381 ac (154 ha) of lands from the final revised critical habitat discussion. When the preserve is that meet the definition of critical designation for Brodiaea filifolia will completed, the public sector (Federal, habitat within Subunits 11g, 11h, and a not result in extinction of the species. State, and local government) and private portion of Subunit 11f are conserved These areas are permanently conserved landowners will have contributed and managed on PQP lands at the Santa and managed to provide a benefit to B. 108,750 ac (44,010 ha) (63 percent) to Rosa Plateau. Thus, it is unlikely that filifolia and its habitat. Therefore, based the preserve, of which 81,750 ac (33,083 Federal actions that would adversely on the above discussion, we are ha) (48 percent) was existing public affect B. filifolia or its habitat will occur exercising our delegated discretion to land when the MSCP was established within these areas, and any regulatory exclude approximately 381 ac (154 ha) and 27,000 ac (10,927 ha) (16 percent) benefits provided by section 7(a)(2) of of conserved and managed land in will have been acquired. At completion, the Act would be minimal and largely Subunits 11g, 11h, and 11f from this the private sector will have contributed redundant with the protections already final revised critical habitat designation. 63,170 ac (25,564 ha) (37 percent) to the in place for this habitat. Because these preserve as part of the development San Diego Multiple Species areas are conserved and managed, we do process, either through avoidance of Conservation Plan (MSCP)—County of not believe critical habitat designation impacts or as compensatory mitigation San Diego Subarea Plan for B. filifolia will provide additional for impacts to biological resources educational benefits. The MSCP is a subregional HCP (one outside the preserve. Currently and in In contrast to the benefits of of multiple subregional HCPs in the San the future, Federal and State inclusion, the benefits of excluding Diego County region) made up of several governments, local jurisdictions and conserved and managed land covered by subarea plans. The MSCP has been in special districts, and managers of the Western Riverside County MSHCP place for more than a decade. The privately owned lands will manage and from revised critical habitat are subregional plan area encompasses monitor their lands in the preserve for significant. The exclusion of these lands approximately 582,243 ac (235,626 ha) species and habitat protection (MSCP from revised critical habitat will help (MSCP 1998, p. 2–1) and provides for 1998, p. 2–1). preserve the partnership and conservation of 85 federally listed and At the time the permit was issued for conservation and management we sensitive species (‘‘covered species’’). the County of San Diego subarea plan, developed with Western Riverside The conservation of these species is no occurrences of Brodiaea filifolia were County and other permitees and being achieved through the known to exist within the MSCP. As B. stakeholders in the development of the establishment and management of filifolia is on the MSCP’s list of narrow

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endemic species, each subarea plan population; (2) exotic species removal adversely modifying critical habitat. specifies conservation measures for the and control; (3) maintenance of access Critical habitat may provide a regulatory species if an occurrence is newly control (such as fencing and signage); benefit for Brodiaea filifolia when there identified. Occurrences within the (4) site assessments with photo is a Federal nexus present for a project County of San Diego Subarea will be documentation; (5) trash removal; (6) that might adversely modify revised avoided to the maximum extent notifying property owners of conditions critical habitat. Specifically, we expect practicable. Where complete avoidance degrading habitat; (7) maintaining projects in wetland areas where the is infeasible, encroachment may be community awareness of sensitive species occurs would require a 404 authorized but will not exceed 20 habitat and protection of area; and (8) permit under the Clean Water Act from percent. preparation of annual reports to the the Army Corps of Engineers. Therefore, As discussed under the Benefits of County of San Diego, CDFG, and the critical habitat designation would have Excluding Lands with HCPs section of Service (Tierra Environmental 2007, pp. a regulatory benefit to the conservation this rule, we considered excluding lands 11–15, 17). of B. filifolia by prohibiting adverse under the County of San Diego Subarea modification of revised critical habitat Plan. After reviewing the areas covered Benefits of Inclusion—County of San Diego Subarea Plan in wetland areas. In areas within Unit by the County of San Diego Subarea 12 that are not conserved and managed, Plan, for the reasons discussed in the The principal benefit of including an we believe critical habitat designation following sections, we are exercising area in a critical habitat designation is would have a significant regulatory our delegated discretion to exclude the requirement of Federal agencies to benefit to the conservation of B. filifolia approximately 4 ac (2 ha) in Unit 12. We ensure actions they fund, authorize, or due to the presence of a potential determined that approximately 109 ac carry out are not likely to result in the Federal nexus, and because the (44 ha) of land in Unit 12 within the destruction or adverse modification of regulatory protections afforded by the County of San Diego Subarea Plan meet any designated critical habitat; the designation of critical habitat would not the definition of critical habitat under regulatory standard of section 7 of the be entirely redundant with protections the Act. We are including 105 ac (43 ha) Act under which consultation is already in place. However, in areas of land within Unit 12 (within the completed. Federal agencies must within the Artesian Trails Resource County of San Diego Subarea Plan) in consult with the Service on actions that Management Plan area which are this revised critical habitat designation. may affect critical habitat and must conserved and managed under the In making our final decision with regard avoid destroying or adversely modifying Artesian Trails Resource Management critical habitat. Federal agencies must to these lands, we considered several Plan, Federal actions that could also consult with us on actions that may factors including our relationships with adversely affect B. filifolia or its habitat affect a listed species and refrain from participating jurisdictions and other are unlikely to occur. If such actions do undertaking actions that are likely to stakeholders, existing consultations, occur in conserved and managed areas, jeopardize the continued existence of conservation measures and management it is likely that the protections provided such species. The analysis of effects to that are in place on these lands, and the species and its habitat under section critical habitat is a separate and impacts to current and future 7(a)(2) of the Act would be largely different analysis from that of the effects partnerships. As described in our redundant with the protections offered to the species. Therefore, the difference analysis below, we reached this by the Artesian Trails Resource in outcomes of these two analyses conclusion by weighing the benefits of Management Plan. Thus, we expect the exclusion against the benefits of represents the regulatory benefit of regulatory benefit to the conservation of including an area in the final revised critical habitat. For some species B. filifolia of including areas proposed critical habitat designation. (including Brodiaea filifolia), and in Approximately 4 ac (2 ha), or 9 some locations, the outcome of these for designation in revised critical habitat percent, of Unit 12 is covered by the analyses will be similar, because effects in Unit 12 that have not been conserved Artesian Trails Resource Management to habitat will often also result in effects and managed could be significant, while Plan (Artesian Trails Management Plan) to the species. However, the regulatory the regulatory benefit of including areas in conformance with the County of San standard is different, as the jeopardy that have been conserved and managed Diego MSCP Subarea Plan, and, for the analysis investigates the action’s impact would be minimal. reasons discussed in the following to survival and recovery of the species, Another possible benefit of including sections, we are exercising our while the adverse modification analysis lands in critical habitat is public delegated discretion to exclude these investigates the action’s effects to the education regarding the potential lands from this final revised critical designated habitat’s contribution to conservation value of an area that may habitat designation pursuant to section conservation. This will, in many help focus conservation efforts on areas 4(b)(2) of the Act. In this area, a instances, lead to different results and of high conservation value for certain population of Brodiaea filifolia is different regulatory requirements. Thus, species. Any information about conserved and managed within a critical habitat designations may Brodiaea filifolia and its habitat that preserve set aside by the property provide greater benefits to the recovery reaches a wide audience, including owners consistent with a biological of a species than would listing alone. parties engaged in conservation mitigation ordinance as part of the Any protections provided by critical activities, is valuable. The inclusion of Artesian Trails Minor Subdivision habitat that are redundant with lands in the B. filifolia proposed and project (Tierra Environmental 2007, pp. protections already in place reduce the final revised critical habitat designation 1–2). The Artesian Trails Management benefits of inclusion in critical habitat. that are not conserved and managed is Plan provides an overview of the The consultation provisions under beneficial to the species because the property’s operation, maintenance, and section 7(a)(2) of the Act constitute the proposed and final rules identify those personnel requirements to implement regulatory benefits of designating lands lands that require management for the management goals in perpetuity (Tierra as critical habitat. As discussed above, conservation of B. filifolia. The process Environmental 2007, pp. 1, 3). Planned Federal agencies must consult with us of proposing and finalizing revised management activities include: (1) on actions that may affect critical critical habitat provided the opportunity Annual monitoring of the B. filifolia habitat and must avoid destroying or for peer review and public comment on

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habitat we determined meets the federally listed and sensitive species, habitat could provide the significant definition of critical habitat. This including incorporation of protections benefit of maintaining existing regional process is valuable to landowners and for plant species which is voluntary management plan and HCP partnerships managers in prioritizing conservation because the Act does not prohibit take and fostering new ones. and management of identified areas that of plant species. In the case of B. filifolia Weighing Benefits of Exclusion Against are not already conserved and managed. in San Diego County, the partnership Benefits of Inclusion—County of San No educational benefits would be and commitment by the County of San Diego Subarea Plan realized in portions of Unit 12 that are Diego resulted in lands being conserved already conserved and managed under and managed for the long-term that will We reviewed and evaluated the the Artesian Trails Resource contribute to the recovery of the species. benefits of inclusion and benefits of Management Plan. However, the We developed a close partnership exclusion from revised critical habitat inclusion of lands in the B. filifolia with the County of San Diego through for Brodiaea filifolia for lands under the revised critical habitat designation that the development of the subregional County of San Diego Subarea Plan. The are not conserved and managed could MSCP and the County of San Diego benefits of including conserved and be beneficial to the species because MSCP Subarea Plan, which incorporates managed lands covered by the Artesian designation will identify lands that substantial protections (conserved Trails Resource Management Plan in the require conservation and management lands) and management for Brodiaea revised critical habitat designation are for the recovery of B. filifolia. filifolia, its habitat, and the physical and relatively small compared to the The designation of B. filifolia critical biological features essential to the benefits of exclusion. Approximately 4 habitat may also strengthen or reinforce conservation of this species. By ac (2 ha), of land in Unit 12 at the some of the provisions in other State excluding approximately 4 ac (2 ha) of Artesian Trails Minor Subdivision is and Federal laws, such as CEQA or Unit 12 from this revised critical habitat already conserved and managed. Thus, NEPA. These laws analyze the potential designation, we eliminate an essentially it is unlikely that Federal actions that for projects to significantly affect the redundant layer of regulatory review for would adversely affect B. filifolia or its environment. In the County of San projects covered by the Artesian Trails habitat will occur within this area, and Diego, the additional protections Management Plan (in conformance with any regulatory benefits provided by associated with revised critical habitat the County of San Diego MSCP Subarea section 7(a)(2) of the Act would be may be beneficial in areas not currently Plan), which helps preserve our ongoing minimal and largely redundant with the conserved. Critical habitat may signal partnership with the County of San protections already in place for this the presence of sensitive habitat that Diego, supporters/contributors to the habitat. We do not believe critical could otherwise be missed in the review long-term preservation of the Artesian habitat designation for B. filifolia will process for these other environmental Trails preserve area, and encourages provide additional educational benefits laws. new partnerships with other for conserved and managed portions of In summary, we believe designating landowners and jurisdictions and Unit 12 since these benefits (protection revised critical habitat would provide establishment of conservation and and management of the habitat area) minimal regulatory benefits under management for the benefit of B. filifolia have already been realized. However for section 7(a)(2) of the Act in areas that and other sensitive species on the portions of Unit 12 that have not meet the definition of critical habitat additional lands; these partnerships and been conserved and managed, we currently conserved and managed under conservation actions are crucial for believe inclusion in the revised critical the County of San Diego Subarea Plan, proactive conservation of B. filifolia, as habitat designation could have nor would any additional educational opposed to the reactive, regulatory significant regulatory and educational benefits be realized under these approach of consultation. benefits due to the existence of a circumstances. In areas that are not The County of San Diego MSCP potential Federal nexus, the lack of expected to be conserved, we believe Subarea Plan addresses conservation existing protections that would there are significant regulatory and issues from a coordinated, integrated diminish the likelihood of development educational benefits of critical habitat perspective rather than a piecemeal, or other impacts and that would be designation. project-by-project approach (as would redundant with additional regulatory occur under section 7 or section 10 of protection, and the need for additional Benefits of Exclusion—County of San the Act for smaller scale management protection and management that may be Diego Subarea Plan plans or HCPs), thus resulting in brought about through public education. We believe conservation benefits coordinated landscape-scale In contrast to the benefits of would be realized by forgoing conservation that can contribute to inclusion, the benefits of excluding designation of revised critical habitat for genetic diversity by preserving covered conserved and managed land covered by Brodiaea filifolia on lands covered by species populations, habitat, and the County of San Diego MSCP Subarea the County of San Diego Subarea Plan interconnected linkage areas that Plan from revised critical habitat are including: (1) Continuance and support recovery of Brodiaea filifolia significant. The exclusion of these lands strengthening of our effective working and other listed species. Additionally, from revised critical habitat will help relationships with all MSCP many landowners perceive critical preserve the partnership and jurisdictions and stakeholders; (2) habitat as an unfair and unnecessary conservation and management we allowance for continued meaningful regulatory burden given the expense developed with the County of San Diego proactive collaboration and cooperation and time involved in developing and and other local stakeholders in the in working toward species recovery, implementing complex management development of the County of San Diego including conservation benefits that plans or regional and jurisdiction-wide MSCP Subarea Plan and the Artesian might not otherwise occur; (3) the HCPs (as discussed below in Comments Trails Resource Management Plan, and encouragement for local jurisdictions to 57 and 75 of the Summary of Comments foster additional partnerships for the fully participate in the MSCP; and and Recommendations section). benefit of Brodiaea filifolia and other (4) encouragement of additional In summary, we believe excluding species. Therefore, in consideration of conservation and management in the land covered by the County of San the relevant impact to current and future on other lands for this and other Diego Subarea Plan from revised critical future partnerships, we determined the

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significant benefits of exclusion Diego counties from the 2004 proposed designate revised critical habitat for outweigh the minor benefits of critical critical habitat (December 8, 2004 (69 Brodiaea filifolia during two comment habitat designation for lands that are FR 71284)), the economic impact was periods. The first comment period conserved and managed. We analyzed estimated to be between $1.0 and $3.3 opened with the publication of the the benefits of including lands within million over the next 20 years expressed proposed revised rule in the Federal Unit 12 that are not conserved and in undiscounted dollars. Based on the Register on December 8, 2009 (74 FR managed in the final revised designation 2005 economic analysis, we concluded 64930), and closed on February 8, 2010. and the benefits of excluding those that the designation of critical habitat The second comment period opened lands from the designation. We for B. filifolia, as proposed in 2004, with the publication of the notice of recognize that the County of San Diego would not result in significant small availability of the Draft Revised MSCP Subarea Plan has established business impacts. This analysis is Economic Analysis (DEA) in the Federal valuable partnerships that are intended presented in the NOA for the economic Register on July 20, 2010 (75 FR 42054), to implement conservation actions for B. analysis published in the Federal and closed on August 19, 2010. During filifolia. However, in conducting our Register on October 6, 2005 (70 FR both public comment periods, we evaluation of the conservation benefits 58361). contacted appropriate Federal, State, We prepared a new economic impact to B. filifolia and its proposed revised and local agencies; scientific critical habitat that have resulted to date analysis associated with this revised organizations; and other interested from these partnerships, we did not critical habitat designation for Brodiaea parties and invited them to comment on conclude that the benefits of excluding filifolia. In the revised DEA, we the proposed revised rule to designate areas in Unit 12 that are not conserved evaluated the potential economic effects and managed from revised critical on small business entities resulting from critical habitat for B. filifolia and the habitat outweighs the benefits of implementation of conservation actions associated revised DEA. During the inclusion. related to the proposed revision to comment periods, we requested that all critical habitat for B. filifolia. The interested parties submit comments or Exclusion Will Not Result in Extinction analysis is based on the estimated information related to the proposed of the Species—Unit 12, County of San incremental impacts associated with the revised critical habitat, including (but Diego Subarea Plan proposed rulemaking as described in not limited to) the following: reasons We determined that the exclusion of Chapters 2 through 6 of the analysis. We why we should or should not designate approximately 4 ac (2 ha) of land announced the availability of the draft habitat as ‘‘critical habitat’’; information covered by the County of San Diego economic analysis in the Federal that may assist us in clarifying or Subarea Plan in Unit 12 from the final Register on July 20, 2010 (75 FR 42054). identifying more specific PCEs; the revised critical habitat designation for The final economic analysis appropriateness of designating critical Brodiaea filifolia will not result in determined that the costs associated habitat for this species; the amount and extinction of the species. These areas with revised critical habitat for Brodiaea distribution of B. filifolia habitat are permanently conserved and filifolia, across the entire area included in this proposed rule; what managed to provide a benefit to B. considered for designation (both areas are essential to the conservation of filifolia and its proposed revised critical designated and excluded areas), are the species; unit boundaries and habitat. Therefore, based on the above primarily a result of residential and methodology used to delineate the areas discussion, we are exercising our commercial development, proposed as revised critical habitat; land delegated discretion to exclude transportation, utility, and flood control use designations and current or planned approximately 4 ac (2 ha) of conserved projects, and public and conservancy activities in the areas proposed as and managed land in Unit 12 from this lands management. The incremental revised critical habitat; special final revised critical habitat designation. economic impact of designating revised management considerations; economic, critical habitat was estimated to be Economics national security, or other relevant between $500 and $600 thousand over impacts of designating any area; the An analysis of the economic impacts the next 20 years using a 7 percent exclusions being considered under for the previous proposed critical discount rate (Industrial Economics, Inc. section 4(b)(2) of the Act; whether the habitat designation for Brodiaea filifolia (IEc) 2010, p. ES–7). The difference benefit of an exclusion of any particular was conducted and made available to between the economic impacts area outweighs the benefit of inclusion the public on October 6, 2005 (70 FR projected with this designation under section 4(b)(2) of the Act; and 58361). That economic analysis was compared to those in the 2005 how to improve public outreach during finalized for the final rule to designate designation are due to the use of an the critical habitat designation process. critical habitat for B. filifolia published incremental analysis in this designation in the Federal Register on December 13, rather than the broader coextensive During the first comment period, we 2005 (70 FR 73820). The analysis analysis used in the 2005 designation. received 11 comment letters-3 from peer determined that the costs associated Based on the 2010 final economic reviewers and 8 from public with critical habitat for B. filifolia across analysis, we concluded that the organizations or individuals. During the the entire area considered for designation of revised critical habitat for second comment period we received 6 designation (across designated and B. filifolia, as proposed in 2009, would comment letters addressing the excluded areas) were primarily a result not result in significant small business proposed revised critical habitat of the potential effects of critical habitat impacts. This analysis is presented in designation and the DEA. Of these latter designation on residential, industrial, the Economic Analysis of Revised comments, 1 was from a peer reviewer and commercial development; water Critical Habitat Designation for Thread- and 5 from public organizations or supply; flood control; transportation; Leaved Brodiaea (IEc 2010). individuals. We did not receive any agriculture; the development of HCPs; requests for a public hearing. We and the management of military bases, Summary of Comments and appreciate all peer reviewer and public other Federal lands, and other public or Recommendations comments submitted and their conservation lands. After excluding We requested written comments from contributions to the improvement of the land in Riverside, Orange, and San the public on the proposed rule to content and accuracy of this document.

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Peer Review believes that densities of B. filifolia are individuals of B. santarosae may have In accordance with our Policy for Peer larger than reported based on flowering been present as well. Comment 4: One peer reviewer noted Review in Endangered Species Act stalk counts, and appear to be that the text in the ‘‘Taxonomy Activities, published on July 1, 1994 (59 dependent on soil types and andFamily Placement—Movement of FR 34270), we solicited expert opinions geographical location. A second peer reviewer believes that Brodiaea From Liliaceae (Lily Family) to from four knowledgeable individuals we did not clearly state that the locality Themidaceae (Cluster Lily Family)’’ with scientific expertise that included counts used to determine the section of the proposed revised rule familiarity with Brodiaea filifolia, the importance of each locality were based describing hybrids being described as geographic region in which it occurs, on stem counts. The second peer Brodiaea santarosae should have cited and conservation biology principles reviewer also questioned our reasoning Chester et al. (2007), since this reference pertinent to the species. Three peer concerning how to determine which provides the original description for this reviewers submitted responses that occurrences should be considered the species. included additional information, largest for this species, since any Our Response: We thank the peer clarifications, and suggestions that we locality may in fact contain many more reviewer for this observation; Chester et incorporated into this final revised Brodiaea filifolia plants than surveys al. (2007) is cited later in the passage, critical habitat rule. might indicate. but should have been cited at the first We reviewed all comments received Our Response: As stated in the mention of Brodiaea santarosae in that from the peer reviewers and the public December 8, 2009, proposed revised section of the text. for substantive issues and new rule (74 FR 64930) on page 64932, the Comment 5: One peer reviewer information regarding the designation of Service considers the number of suggested that the term ‘‘systematic revised critical habitat for Brodiaea flowering Brodiaea filifolia stalks at a surveys’’ should be replaced with filifolia. All comments are addressed in site to be an estimate of the minimum ‘‘comprehensive surveys’’ at the top of the following summary and number of B. filifolia plants present, not page 64933 in the proposed revised rule, incorporated into this final revised rule a maximum number or an exact count. stating that in close proximity with the as appropriate. We understand that the number of B. discussion on taxonomy, the use of the Peer Reviewer’s Comments filifolia individuals in a population is term ‘‘systematic surveys’’ suggests a larger than the number of flowering study of the relationship of species Comment 1: Two peer reviewers stalks; thus, we only used the number within the genus Brodiaea. expressed the opinion that the methods, of flowering stalks as an estimate useful Our Response: We appreciate the peer analysis, and results of the proposed in comparing the relative abundance of reviewer’s critical review, and will note revised critical habitat for Brodiaea B. filifolia at various sites across the the potential for confusion when using filifolia were careful, thoughtful, and in species’ range. We thank the peer the word ‘‘systematic’’ when we mean strict adherence to the requisite reviewer for the information regarding ‘‘methodical’’ when drafting future rules. methodology to define and designate soil type and geographic location. Comment 6: One peer reviewer critical habitat. The peer reviewers also In response to the issues brought up recommended revision to a sentence on stated that the best available science and by the second peer reviewer; we stated page 64933 in the Background section methodology was used to arrive at the plainly in the Criteria Used To Identify of the proposed revised rule to read, conclusions in the proposed revised Critical Habitat section—rather than ‘‘Additionally, plants that were rule, and that the proposed revised being buried in a discussion of various previously identified as hybrids and not critical habitat designation encompasses survey methods—that we are using pure B. filifolia have now been a representative range of habitat types, counts of flowering stalks to estimate described as B. santarosae (Chester et al. geographic distribution, and population relative Brodiaea filifolia population 2007). Pires (2007.1) and Preston (2007, sizes that meet the requirements of the sizes. It is possible that a very large pers. comm.) intend to include B. Act (59 FR 34270, July 1, 1994) for population of the species could be santarosae as a separate species in their designation of critical habitat. The peer mistakenly recorded as having an treatment of the genus Brodiaea for the reviewers believe the proposed revised average or low number of plants if only revision of the Jepson Manual that is critical habitat for B. filifolia is more a few individuals flower and the now in progress.’’ The peer reviewer felt comprehensive and more accurate than vegetative portions of the plants are the passage was awkward as written in the December 13, 2005, final critical difficult to see. It seems unlikely, the proposed rule. Pires (2007.1) refers habitat rule for B. filifolia (70 FR 73820). however, that the largest occurrences to J.C. Pires, Assistant Professor of Our Response: We appreciate the peer would be so cryptic as to appear to be Biological Sciences, University of reviewers’ critical reviews. average or small occurrences. Missouri-Columbia, pers. comm. to G. Comment 2: One peer reviewer Comment 3: One peer reviewer asked Wallace, Service September 17, 2007; expressed confusion and concern with if it is known whether the field study on Preston (2007, pers. comm.) refers to R. the Service’s use of number of flowering Santa Rosa Plateau that noted the 8:1 Preston, Senior Botanist, IFC Jones and stalks of Brodiaea filifolia as a measure ratio of corms to flowering stems might Stokes, Sacramento, California, pers. of occurrence size, as discussed on page have been conducted using Brodiaea comm. to G. Wallace, Service September 64932 of the December 8, 2009, santarosae instead of B. filifolia. 17, 2007. proposed revised rule (74 FR 64930). Our Response: Comparing the Our Response: We agree that the The peer reviewer stated that the description of the occurrence used in revision provided by the peer reviewer number of flowering stalks does not the field study (EO 5 in Morey (1995, p. communicates the information in provide a maximum number of B. 2)) and the description of the only question more clearly; however, we filifolia in an occurrence and believed known occurrence of Brodiaea filifolia could not revise this passage for the the Service should instead compare within the range of B. santarosae in final revised rule because the numbers of non-flowering plants Chester et al. (2007, p. 195), it appears Background section is not repeated in between occurrences, which presents a the two are the same occurrence. The the final revised rule. more accurate estimate of relative size field study was conducted on an Comment 7: Two peer reviewers between populations. The peer reviewer occurrence of B. filifolia; although some expressed concern regarding the

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Service’s argument that adding an 820- limits. A second peer reviewer was in dynamics and other interactions ft (250-m) radius area around agreement, stating that developing through the use of the above criteria as populations of Brodiaea filifolia to critical habitat based on pollinator identified in the Criteria Used To provide adequate habitat for pollinators dispersal does not appear to be as valid Identify Critical Habitat section of this based on flight distances for the as a basic habitat approach in rule. pollinators is the best way to determine conserving the PCEs for B. filifolia at Comment 10: One peer reviewer critical habitat subunit boundaries. Both critical localities. The second peer recommended altering PCE 2 to read peer reviewers believe the arguments reviewer suggested that the ‘‘Areas with a natural, generally intact or behind this methodology are speculative determination of the critical habitat for lightly disturbed surface * * *’’ in part because studies have not this species should be based on According to the peer reviewer B. established what species is or are the potential habitat that could be occupied filifolia can persist in areas that have most important pollinators for B. by this species in the vicinity of been disked, especially if the subsoil filifolia or the pollinator’s conservation occupied habitat, and should also structure is intact. A second peer requirements. One peer reviewer consider the basics of reserve design, reviewer also felt PCE 2 should be reported speaking with a local insect and developing more consolidated eliminated or altered to reduce its expert who believes bumblebees cannot critical habitat areas rather than significance for the same reasons. pollinate B. filifolia because they are too fragmented and isolated pockets of Our Response: We appreciate the heavy. habitat. suggestion, but do not believe this Our Response: On page 64936 of the Our Response: To include areas in the change is necessary since ‘‘generally December 8, 2009, proposed revised revised critical habitat designation that intact’’ was meant to indicate that the rule (74 FR 64930), we outline a number are contiguous suitable or restorable surface could be lightly disturbed as of insects known to pollinate Brodiaea unoccupied habitat between areas long as the disturbance did not result in filifolia and cite documented occupied by Brodiaea filifolia at the permanent alteration of the surface or observations of these insects pollinating time of listing, we need evidence that subsurface soil structure. B. filifolia, including bumblebees these areas are essential for the Comment 11: One peer reviewer (Bombus californicus). While we may conservation of the species. asked how an intact soil surface not know what species is the most Additionally, our regulations at 50 CFR provides habitat for pollinators, and frequent pollinator of B. filifolia, we do 424.12(e) state that we ‘‘shall designate whether this was an error and we meant know that the majority of species that as critical habitat areas outside the ‘‘intact plant community.’’ have been observed pollinating B. geographical area presently occupied by Our Response: The passage actually filifolia have flight distances that fall a species only when a designation reads, ‘‘* * * generally intact surface within the 820-ft (250-m) range; limited to its present range would be and subsurface soil structure and therefore, we believe using this inadequate to ensure the conservation of support habitat for pollinators * * *’’ In measurement to define critical habitat the species.’’ Based on the best scientific other words, the soil surface should be boundaries is appropriate and not information available to us at this time, able to support pollinator habitat, not speculative. we believe that limiting the designation the pollinators themselves. Comment 8: One peer reviewer to the species’ present range is adequate Comment 12: One peer reviewer believes that the critical habitat to ensure the conservation of B. filifolia, suggested that the Special Management boundaries should not be limited to the and except for unoccupied habitat areas Considerations or Protection section of 820-ft (250-m) pollinator area if there is within the geographical area occupied the revised critical habitat rule should additional contiguous suitable or by the species at the time of listing discuss potential gaps in the restorable habitat, or if the population is needed to sustain pollinators of the conservation or management of within a larger landscape feature such species, unoccupied habitat, in and of localities that could be considered as a floodplain with an ecology that itself, is not essential for the critical habitat for Brodiaea filifolia relies upon a suite of characters such as conservation of B. filifolia. within existing or proposed HCPs. The hydrology and soils to support Brodiaea Comment 9: One peer reviewer stated peer reviewer goes on to state that some filifolia. According to the peer reviewer, that pollinators should only be one HCPs have little control over current this is because there is much scientific element considered in drawing critical land use practices on lands proposed for information indicating that soils, habitat unit boundaries, and noted that inclusion into the reserve system, and hydrology, and plant community many populations of B. filifolia some HCPs have limited control on structure are the most important factors reproduce largely by clone and some agricultural conversion of these lands. in plant distribution; because if there (e.g., the Glendora population) appear to Our Response: We appreciate the peer are additional populations separated by have been isolated from cross- reviewer’s suggestion, however the 300 to 1,000 meters within a contiguous pollination for some time and continue appropriate place for this discussion is block of suitable habitat it is not always to persist as significant contributors to in the Exclusions under Section 4(b)(2) certain additional B. filifolia the species. of the Act section of the rule. In this populations could not exist in the Our Response: In addition to section, we discuss the protections intervening habitat; and because habitat identifying undisturbed habitats able to afforded the species and its habitat by conservation works more effectively support pollinators as a criterion for various relevant HCPs and management with larger conservation areas than in determining the revised critical habitat plans. small areas. The peer reviewer suggests boundaries we used numerous other Comment 13: One peer reviewer that soil type boundaries (recommends criteria such as: (1) Areas supporting asked whether extremely large using the boundaries of the Willows occurrences on rare or unique habitat localities, e.g., over 10,000 plants, soils unit, at least from San Jacinto Ave. within the species’ range; (2) areas should be given a higher priority as a south), changes in plant community supporting the largest known factor in determining occurrences being type, drainage watershed boundaries, or occurrences of Brodiaea filifolia; or (3) determined for critical habitat. barriers such as roads and existing areas supporting stable occurrences. We Our Response: It is unclear what the development may make more thank the peer reviewer and have taken peer reviewer means by giving appropriate critical habitat boundary into consideration B. filifolia population occurrences ‘priority.’ All occurrences

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that met one or more of the criteria were San Onofre State Beach, therefore, it population of Brodiaea filifolia had proposed as critical habitat in the would appear that this occurrence sufficient number of plants to be proposed revised critical habitat would not be exempt from critical considered stable (850 flowering plants) designation. Critical habitat designation habitat designation under section 4(a)(3) were counts of non-flowering plants acreage is not limited; therefore, there of the Act. while others were counts of flowering was no need to prioritize or rank Our Response: According to the GIS plants. occurrences to make sure those with the data provided to us by MCB Camp Our Response: We consider the highest conservation value were Pendleton, the Cristianitos Canyon number of flowering Brodiaea filifolia included in the proposal. Pendleton occurrence is located on the stalks at a site to be an estimate of the Comment 14: One peer reviewer felt northern end of MCB Camp Pendleton. minimum number of B. filifolia plants that Criterion 3 was inconsistently Comment 18: One peer reviewer present. We understand that the number applied to Brodiaea filifolia occurrences pointed out that Devil Canyon (Subunit of B. filifolia individuals in a population in the proposed revised critical habitat 5b) is noted as both occurrence 38 and is larger than the number of flowering rule. According to the peer reviewer, it 39 in CNDDB. The reviewer suggests stalks, thus we only used the number of is unclear whether the Service intended noting in the revised rule whether this flowering stalks as an estimate useful in Criterion 3 to mean that the population subunit includes both occurrences or is comparing the relative abundance of B. is stable and persistent despite recent limited to occurrence 39. The peer filifolia at various sites across the losses, stable and persistent because it is reviewer adds that since CNDDB notes species’ range. If survey results for a site in protected habitat without immediate this site as a hybrid population, are reported in counts of non-flowering future threat, or has not suffered additional citations should be provided plants, and the numbers exceeded 850 declines in recent years. in the revised rule, noting the current plants, we could say with confidence Our Response: We meant ‘‘stable and opinion on the species of Brodiaea that the site contained a sufficient persistent’’ in the ecological sense, i.e., found at this locality. number of plants to meet Criterion 3; if to mean that a population is resilient— Our Response: Subunit 5b includes survey results reported in counts of non- it contains enough individuals to occurrence 39 only. We see the flowering plants and were less than 850 sustain the population over time. We reviewer’s point regarding adding a note plants, we would take into did not consider impacts or threats to the revised rule to indicate that consideration the fact that non- when evaluating Brodiaea filifolia Subunit 5b does not contain CNDDB flowering plant counts were used and occurrences in the context of this occurrence 38; however, we feel this also examine other characteristics of the criterion. may cause unnecessary confusion for occurrence to determine whether the Comment 15: One peer reviewer readers who are not familiar with the occurrence met the stability standards of pointed out that, according to Table 1 of situation. Our understanding at this Criterion 3: ‘‘Additionally, we looked at the December 8, 2009, proposed revised point is that occurrence 39 (Subunit 5b) all occurrences with fewer than 850 critical habitat rule (74 FR 64930), the does not entirely comprise hybrids flowering stalks to determine if any of Brodiaea filifolia occurrence in Subunit (Chester 2007, p. 191). these exhibited the same persistence 11a does not meet Criterion 2, but Comment 19: One peer reviewer and stability characteristics to provide according to the text on page 64942 this asked how areas with PCEs were similar conservation value as the other occurrence does meet Criterion 2. mapped if there was no actual field identified occurrences with greater than Our Response: We thank the peer review of the localities being considered 850 flowering stalks (since the counts reviewer for this observation. The text for critical habitat. According to the for an occurrence vary from year to on page 64942 of the December 8, 2009, peer reviewer, a more precise mapping year)’’ (see Criteria Used To Identify proposed revised rule (74 FR 64930) is would require actual field examinations Critical Habitat section above). incorrect; this occurrence does not meet of the localities being mapped. Comment 22: One peer reviewer criterion 2. Table 1 in the proposed Our Response: We used GIS data from suggested that the ‘‘2005 fCH’’ box for revised rule (Table 3 in this final revised multiple sources as well as other Unit 10 in Table 2 of the proposed rule) is correct. resources outlined in the Criteria Used revised critical habitat rule should read Comment 16: One peer reviewer To Identify Critical Habitat section of ‘‘Not designated; based on suggested that we confirm the Brodiaea this revised final rule to map the areas misidentification of Brodiaea orcuttii’’ filifolia occurrence in Corona Cala containing PCEs. We do not have rather than ‘‘Not designated, did not Camino is in fact B. filifolia. According staffing or resources to field identify meet the definition of critical habitat’’ to the peer reviewer, this area is within each occurrence; therefore, we must rely because the suggested revision more the general range of B. santarosae, and on the best information available. accurately reflects the situation. The the plants may actually be affiliated Comment 20: According to one peer peer reviewer feels it is important to with that taxon. reviewer, the Brodiaea filifolia separate such reports from those that Our Response: We will attempt to occurrence in Subunit 11e meets actually support B. filifolia but did not verify this occurrence as time permits. Criterion 1 because it is the only meet the criteria for critical habitat. The data reported in the proposed remaining occurrence known to be Our Response: We have changed the revised critical habitat rule represents associated with relatively high-quality entry in the ‘‘2005 fCH’’ box for Unit 10 the best data available to us at the time annual alkali grassland. This occurrence in Table 2 of the proposed revised the proposed revision was written. is also unique because it persists in a critical habitat rule to ‘‘Not designated; Because this occurrence does not meet more mesic habitat than is typically could not verify occurrence’’, because any of the criteria for designation as found along the San Jacinto River. that is the language used in the 2005 Brodiaea filifolia critical habitat, this Our Response: Our analysis found the final critical habitat rule (see 70 FR uncertainty is outside the scope of this Brodiaea filifolia occurrence in Subunit 73834). critical habitat analysis and will not be 11e to meet Criterion 1 (see Table 3 Comment 23: Two peer reviewers addressed here. above). suggested that Table 2 should indicate Comment 17: One peer reviewer Comment 21: One peer reviewer that the Corona North, Corona South, stated that the Cristianitos Canyon pointed out that some of the survey and Moreno Valley occurrences were Pendleton occurrence is actually within results used to determine whether a not designated as critical habitat in 2005

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because they were based on and information provided to improve demonstrated that the landowners hold unsubstantiated claims that the this revised critical habitat rule and these views regardless. Thus Service locations were occupied by Brodiaea associated designation. We have should employ all regulatory filifolia. The peer reviewers feel it is incorporated the reviewer’s suggested mechanisms available including critical important to separate such reports from edits where appropriate. habitat designations to protect biological those that actually support B. filifolia Comment 26: One peer reviewer resources in these areas. but did not meet the criteria for critical noted that many of the Brodiaea plants Our Response: Section 4(b)(2) of the habitat. in Subunit 8b could be B. orcuttii or B. Act authorizes the Secretary to Our Response: We have changed the filifolia x B. orcuttii hybrids; however, designate critical habitat after taking entry in the ‘‘2005 fCH’’ box for the the peer reviewer agrees with the into consideration the economic Corona North, Corona South, and Service that there is a sizable population impacts, national security impacts, and Moreno Valley occurrences to ‘‘Not of B. filifolia at this site and that the site any other relevant impacts of specifying designated, could not verify occurrence’’ qualifies for critical habitat based on any particular area as critical habitat. as suggested by the peer reviewer. supporting a persistent population. The An area may be excluded from critical Comment 24: One peer reviewer reviewer also added that recent habitat if it is determined that the recommended the Service verify the evidence suggests that B. filifolia and B. benefits of exclusion outweigh the number of Brodiaea filifolia plants orcuttii do not hybridize readily, so benefits of designating a particular area found in Unit 3. The peer reviewer is hybridization may not be a long-term as critical habitat, unless the failure to not aware of any reports substantiating concern. designate will result in the extinction of this number, and other sources Our Response: We thank the peer the species. We believe the exclusions (including the peer reviewer’s own reviewer for this information. Please see made in this final revised rule are survey data) indicate a much smaller the Special Management Considerations legally supported under section 4(b)(2) number of B. filifolia in this area. The Or Protection section above for further of the Act and scientifically justified. peer review added that the population discussion of hybridization among After analyzing the benefits of inclusion should be considered stable and species of Brodiaea. and exclusion of proposed revised persistent. Comment 27: One peer reviewer critical habitat units and subunits on Our Response: We will attempt to argued that in cases where conservation lands covered under the Western verify these data as time permits. The for species facing significant threats is Riverside County MSHCP, we data reported in the proposed revised not a priority of landowners, determined that the benefits of critical habitat rule represents the best designating critical habitat will probably exclusion outweighed the benefits of data available to us at the time the have little additional negative impact on inclusion of lands already conserved proposed revision was written. Because either the condition of habitat or the and managed in Subunits 11g, 11h, and this occurrence meets Criterion 1 and willingness of landowners to participate portions of 11f (see Weighing Benefits of thus qualifies for designation as in conservation because landowners are Exclusion Against Benefits of Brodiaea filifolia critical habitat already actively degrading the habitat Inclusion—Western Riverside County regardless of the accuracy of the survey on their properties and are already MSHCP section above). Service data in question, this uncertainty is unwilling to participate in conservation biologists continue to work with the outside the scope of this critical habitat activities. County of Riverside and permittees of analysis and will not be addressed here. According to the peer reviewer, in the HCP to ensure B. filifolia and its Comment 25: One peer reviewer Western Riverside County in particular, habitat receive the full extent of stated that the unit descriptions in the there are many examples indicating that protections anticipated by the Western proposed revised rule generally provide designation of critical habitat would Riverside County MSHCP. a good overview of each locality likely not make the conservation Comment 28: One peer reviewer proposed for critical habitat. However, situation any worse than it is, or make stated that manure dumping is probably the reviewer recommended that the the private stakeholders any less willing the most significant and immediate Service add more information regarding to participate in conservation actions threat to the seasonally flooded alkali the plant communities that occur in than they have historically been. The vernal plains habitat and B. filifolia each of the units/subunits. The peer peer reviewer believes that landowners along the San Jacinto River. The peer reviewer believes the unit descriptions in Western Riverside County are aware reviewer further stated that the Western are overly repetitive, and that these of the conservation value of lands such Riverside County MSHCP appears to descriptions should focus on the as the areas along the San Jacinto River have provided no mechanism to stop existing plant communities, soils, and and at Hemet that are necessary to the the manure dumping. unique features of each locality. conservation of Brodiaea filifolia and Our Response: We realize that manure According to the reviewer, these other sensitive species, and are dumping is not a covered activity under descriptions should also provide more purposely working to eradicate the Western Riverside County MSHCP. information on sites with large Brodiaea resources via increases in discing Because of the lack of protection filifolia populations, noting the total frequency, early season discing, manure afforded to biological resources against number and distribution of plants dumping, and irrigated cultivation manure dumping by the Western within the unit or subunit of critical rather than partner with regulators. Riverside County MSHCP, we have not habitat. The reviewer then provides Because of this, the peer reviewer excluded any areas that are subject to specific suggestions along these lines for believes that in Western Riverside this activity from this revised critical a number of units/subunits as well as County there is no merit to the Service’s habitat designation. proposing instances where subunits argument that designating critical Comment 29: One peer reviewer could be expanded into adjacent habitat on lands already covered by expressed doubt that the partnership unoccupied habitat, providing HCPs discourages landowners from between the Service and the County of corrections where inaccurate participating in conservation actions Riverside provides enough conservation information is given for an occurrence. and makes landowners believe having potential to warrant excluding lands Our Response: We appreciate the peer endangered species on their property is covered under the Western Riverside reviewer’s thorough review, suggestions, a liability because it has been clearly County MSHCP from critical habitat

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designation in order to preserve this Comment 30: One peer reviewer • Establishment of baseline partnership. The peer reviewer believes stated that although the Orange County populations, monitoring, and that preserving this partnership is Southern Subregion HCP is untested at management take place only after the important, but if the partnership does this point, the 2006 Environmental County of Riverside has acquired lands not result in significant conservation Impact Report/Environmental Impact for conservation or when an benefits and does little to offset Statement for the HCP proposed environmental review is triggered for a immediate and clearly identifiable significant impacts to rare plants, specific development project. threats, it should not preclude the including Brodiaea filifolia, suggests • There are no hard-line conservation introduction of additional regulatory that while the plan will not jeopardize goals. Criteria Areas are merely conservation tools (such as critical B. filifolia, it could significantly reduce guidelines for where conservation will habitat designations). recovery options within Orange County. take place but do not assure that the The peer reviewer goes on to state that The peer reviewer believes that the most suitable habitat is set aside in an the partnerships between the Service proposed revised rule did not offer appropriate configuration. • and the City of Carlsbad and the County enough specifics in its discussion of this The goals of the Western Riverside of San Diego are more meaningful, HCP to support an exclusion of lands County MSHCP may be irrelevant to making the argument in favor of that are covered under the Orange occurrences of B. filifolia along the San excluding lands covered under the County Southern Subregion HCP under Jacinto River that could be extirpated or Carlsbad HMP and the County of San section 4(b)(2). near extirpation before conservation Diego MSCP Subarea Plan in order to Our Response: We may exercise our triggers are activated within the HCP. If preserve these partnerships more valid. delegated discretion to exclude an area impacts continue at the current rate, Our Response: Although we are from critical habitat under section there will be almost no B. filifolia striving to maintain and improve our 4(b)(2) of the Act if we conclude that the habitat remaining along the San Jacinto partnerships with the Western Riverside benefits of exclusion of the area River outside of the San Jacinto Wildlife County MSHCP permittees, they do not outweigh the benefits of its designation. Area within another 5 years. • There has been no effort to stop restrict the Service from designating We do not exclude areas based on the critical habitat on lands covered by the land use activities that are greatly mere existence of management plans or Western Riverside County MSHCP. In reducing the viability of habitats, such other conservation measures. The this revised critical habitat designation as proposed flood control projects along existence of a plan may reduce the for Brodiaea filifolia, we have not the San Jacinto River. benefits of inclusion of an area in concluded that the partnership benefits • The requirement that 90 percent of critical habitat to the extent the of excluding lands in areas owned by or those portions of a property with long- protections provided under the plan are under the jurisdiction of Western term conservation value within the redundant with conservation benefits of Riverside County MSHCP permittees Criteria Area Species Survey Area will the critical habitat designation. In outweigh the benefits of including those be avoided until the species particular, we believe that the exclusion lands in Subunits 11a, 11b, 11c, 11d, conservation objectives are met is 11e, and a portion of 11f that are not of lands may be justified when they are (1) unachievable relative to historic currently conserved and managed (see managed and conserved in perpetuity. baseline conditions because over 10 Weighing Benefits of Exclusion Against Thus, in some cases the benefits of percent of the original habitat has been Benefits of Inclusion—Western exclusion in the form of sustaining and degraded or developed, and Riverside County MSHCP section encouraging partnerships that result in (2) ineffective relative to a baseline above). on the ground conservation of listed established after habitat has been We also agree with the peer reviewer species may outweigh the incremental degraded. that the conservation actions taken by benefits of inclusion. The areas covered • The current rate of acquiring land the City of Carlsbad over time, and the by the Orange County Southern and implementing management on these willingness of the County of San Diego Subregion HCP in Subunits 4c, and 4g, lands is too slow to appreciably to work toward species conservation, and approximately 12 ac (5 ha) in contribute to the stabilization and serve to support the argument in favor Subunit 4b, are not currently conserved recovery of B. filifolia. of excluding under section 4(b)(2) of the and managed for the benefit of Brodiaea • Contradicting designations and Act lands covered under the Carlsbad filifolia, and we have not concluded that directives within the Western Riverside HMP and the County of San Diego the partnership benefits of excluding County MSHCP undermine the MSCP Subarea Plan. However, in our these areas outweigh the benefits of effectiveness of proposed conservation balancing analysis under section 4(b)(2) including these areas in the final revised measures. of the Act, we relied more heavily on designation. We are not exercising our • The Western Riverside County the presence of conservation and delegated discretion to exclude these MSHCP calls for 6,900 ac (2,792 ha) of management on lands considered for areas under section 4(b)(2) of the Act in B. filifolia habitat to be set aside to exclusion than partnership benefits. As this the final revised critical habitat provide adequate conservation and a result, we are only exercising our designation (see Weighing Benefits of contribute to the recovery of the species. delegated discretion to exclude lands Exclusion Against Benefits of However, the Santa Rosa Plateau, which covered by the Carlsbad HMP (in Inclusion—Orange County Southern was likely expected to constitute a Subunit 7d, and portions of Subunit 7a Subregion HCP section). significant portion of this conservation and 7c) and the County of San Diego Comment 31: One peer reviewer area, can no longer contribute much MSCP Subarea Plan (portion of Unit 12), discussed numerous problems he acreage to the conservation area as only which are conserved and managed (see believes exist within the Western a small portion of the Santa Rosa Weighing Benefits of Exclusion Against Riverside County MSHCP that may Plateau is occupied by B. filifolia. Benefits of Inclusion—Carlsbad HMP impede Brodiaea filifolia conservation Our Response: The Western Riverside and Weighing Benefits of Exclusion or even contribute to the decline of the County MSHCP has provided an Against Benefits of Inclusion—County species: opportunity for valuable partnerships to of San Diego Subarea Plan sections • There is no guarantee that many of be established and conservation above). the MSHCP goals will be achieved. measures for Brodiaea filifolia to be

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implemented. Although we are striving benefits of exclusion outweigh the Our Response: Please see our to maintain and improve our benefits of specifying a particular area response to Comment 32. partnerships with the Western Riverside as critical habitat, unless the failure to Comment 34: One peer reviewer County MSHCP permittees, they do not designate such area as critical habitat stated that critical habitat is a tool that restrict the Service from designating will result in the extinction of the Federal agencies can use for critical habitat on lands covered by the species. Consequently, we may exercise conservation and by excluding lands Western Riverside County MSHCP. In our delegated discretion to exclude an within HCP boundaries other Federal this revised critical habitat designation area from critical habitat under section agencies may miss opportunities to for Brodiaea filifolia, in evaluating the 4(b)(2) of the Act based on economic conserve species and their critical partnership benefits contributed by the impacts, impacts on national security, habitat. Western Riverside County MSHCP in or other relevant impacts, such as Our Response: As a conservation tool, the context of the current status the preservation of conservation a critical habitat designation ensures species and its habitat, we have not partnerships, if we determine the that when actions with a Federal nexus concluded that the benefits of excluding benefits of excluding an area from may impact critical habitat, the Federal areas owned by or under the jurisdiction critical habitat outweigh the benefits of action agency consults with the Service of Western Riverside County MSHCP including the area in critical habitat, to determine if the action will adversely permittees outweigh the benefits of provided the action of excluding the modify critical habitat. Critical habitat including those lands in Subunits 11a, area will not result in the extinction of does not require a Federal agency to 11b, 11c, 11d, 11e, and a portion of 11f the species. We do not exclude areas perform any additional conservation that are not currently conserved and based on the mere existence of actions nor does it direct conservation managed (see Weighing Benefits of management plans or other conservation actions. With regard to areas that are Exclusion Against Benefits of measures. The existence of a plan may within the boundaries of an HCP, each Inclusion—Western Riverside County reduce the benefits of inclusion of an exclusion is based on our determination MSHCP section above). area in critical habitat to the extent the that the benefits of exclusion outweigh Comment 32: One peer reviewer protections provided under the plan are the benefits of inclusion, and that stated that HCPs are required only to redundant with conservation benefits of exclusion of an area will not result in meet an extinction (i.e., jeopardy) the critical habitat designation. In extinction of a species. For the areas standard, and because recovery is not a particular, we believe that the exclusion that we are exercising our delegated requirement of HCPs, Section 10/HCP of lands may be justified when they are discretion to exclude under section requirements to avoid jeopardy could managed and conserved in perpetuity. 4(b)(2) of the Act from this final rule, we result in reducing a species to a minimal Thus, in some cases the benefits of have evaluated the benefits of existence that contributes little to the exclusion in the form of sustaining and highlighting the importance of these overall biotic community, and could encouraging partnerships that result in areas for Federal agencies and the also leave a species at perpetual risk of on the ground conservation of listed public, but found that the benefits of extinction from a variety of factors, species may outweigh the incremental exclusion outweigh the benefits of while technically not qualifying as a benefits of inclusion. See Exclusions inclusion for the areas we are excluding jeopardy. under Section 4(b)(2) of the Act and (see the Exclusions under Section Our Response: We appreciate the peer Benefits of Excluding Lands with HCPs 4(b)(2) of the Act section above for reviewer’s concerns regarding the long- section for further discussion. details). term recovery of Brodiaea filifolia. We found the benefits of excluding Comment 35: One peer reviewer Although not specifically stated by the lands that are both conserved and submitted numerous comments peer reviewer, their comment indicates managed under the Western Riverside requesting additions to the text of the they believe that lands covered under an County MSHCP, the County of San revised critical habitat rule regarding HCP should not be a basis for exclusion Diego MSCP Subarea Plan, the Carlsbad the life history, ecology, and habitat of from a critical habitat designation HMP, and the Orange County South and Brodiaea filifolia: because the plans do not protect a listed Central-Coastal HCPs to be greater than • More information should have been species to the level beyond that the benefits of including these lands. presented on the significance of the evaluated in a jeopardy analysis under See the Exclusions under Section 4(b)(2) clonal populations, even if seed section 7 of the Act. We do not agree of the Act section above for a detailed production is a rare occurrence. that protections given to listed species discussion. • More information on the population under HCPs are necessarily limited to Comment 33: One peer reviewer biology of monocots in this genus would avoidance of jeopardy; we believe the stated that critical habitat is intended to be very helpful in determining the protections afforded by each HCP for provide for the conservation of the needs for habitat conservation. each species differ and need to be species (i.e., to go beyond just • Any known information on seed assessed on a case-by-case basis, which preventing extinction and achieve a viability in this or related species of is what we have done in our exclusion status where the protections afforded by Brodiaea should also be presented. Seed analysis. See the Exclusions under the Act are no longer necessary); and viability should provide some Section 4(b)(2) of the Act section above that critical habitat designations within information on the rate of successful for a detailed discussion. the context of regional HCPs could out-crossing in known occurrences of Section 4(b)(2) of the Act states that assure that the intent of the Act is this species. critical habitat shall be designated, and achieved and improve the opportunity • The recorded localities of the two revised, on the basis of the best for recovery. The peer reviewer stated Brodiaea species on or near Santa Rosa available scientific data after taking into that relinquishing an important tool for Plateau need to be carefully reviewed to consideration the economic impact, conservation (i.e., critical habitat) in determine the actual remaining national security impact, and any other cases where a Federal nexus would localities of Brodiaea filifolia found on relevant impact of specifying any otherwise exist because of the HCP the plateau or adjacent areas. particular area as critical habitat. An overlay is not wise if the overall Our Response: We agree with the peer area may be excluded from critical strategic goal is to recover or stabilize an reviewer that having more information habitat if it is determined that the endangered species. on the species would be helpful. We

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have based our determinations in this moot. The Exclusions under Section in the Western Riverside County revised critical habitat designation on 4(b)(2) of the Act and Benefits of MSHCP plan area; that the proposed the best available information, and have Excluding Lands with HCPs sections of exclusion of lands covered by the addressed the need for further this revised critical habitat rule explain Western Riverside MSHCP was information in our five-year review of in detail our exclusion analyses and the consistent with the United States the species (Service 2009a, pp. 35–36). outcomes thereof. District Court’s (E.D.Cal. Nov. 11, 2006) Comment 36: One peer reviewer Comment 40: One peer reviewer Case No. 05–629–WBS–KJMA, which stated that the description of Brodiaea expressed dissatisfaction with the upheld the Service’s decision to exclude filifolia habitat should also include Service’s practice of not publishing the Western Riverside County MSHCP riparian habitats, specifically riparian ‘‘literature cited’’ sections with the text from the designation of critical habitat herb communities. of Federal Register rules or on-line for the 15 vernal pool species, finding Our Response: We thank the peer following the publication of a rule in the that this exclusion was a reasonable reviewer for this information, and have Federal Register. exercise of the Service’s discretion; and added this to the text of the final revised Our Response: Complete lists of all that the Western Riverside County critical habitat rule. references cited in any Service MSHCP already adequately provides for Comment 37: One peer reviewer rulemaking are made available on-line the survival and recovery of the species. suggested that the text of the rule be at http://www.regulations.gov following Our Response: With regard to the expanded to note that all areas excluded publication of a rule. For rules written commenter’s assertion that lands owned from the revised critical habitat by the Carlsbad Fish and Wildlife or under the jurisdiction of the Western designation under section 4(b)(2) of the Office, reference cited lists are also Riverside County MSHCP should be Act are found within the Western available upon request from the Field Riverside County MSHCP Criteria Area Supervisor of the Carlsbad Fish and excluded because the HCP provides adequate protection for the species, the cells or CASSA survey areas. Wildlife Office (see FOR FURTHER adequacy of an HCP to protect a species Our Response: We are exercising our INFORMATION CONTACT section of the delegated discretion to exclude only rule). and its essential habitat is one those areas that are both conserved and Comment 41: One peer reviewer consideration taken into account in our managed from this revised designation. pointed out that apparently some evaluation under section 4(b)(2). These areas are protected from previous summaries of location Exclusion of an area from critical habitat development impacts. Therefore, information on Brodiaea filifolia is based on our determination that the whether or not excluded areas under the prepared by Service staff (Roberts 1997, benefits of exclusion outweigh the Western Riverside County MSHCP fall Roberts and Vanderwier 1997) were benefits of inclusion, and that exclusion within the Criteria Area or CASSA overlooked in the preparation of the of an area will not result in extinction survey areas is not relevant. proposed revised critical habitat rule. of a species, which is a more complex Comment 38: One peer reviewer The peer reviewer believes that this analysis process. We have examined the submitted a number of comments material should have been used as the protections afforded Brodiaea filifolia recommending edits or changes to the basis for the information in the text of by the Western Riverside County Western Riverside County Multiple the proposal and could have potentially MSHCP during our exclusion analysis Species Habitat Conservation Plan eliminated some of the errors in the in this revised critical habitat (Western Riverside County MSHCP) proposed revised rule. The peer designation for B. filifolia, and have not section of the revised critical habitat reviewer added that other important concluded that the benefits of excluding rule to correct or clarify information updates provided to the Service by the areas owned by or under the jurisdiction presented in the proposed revised rule, California Native Plant Society (CNPS) of Western Riverside County MSHCP or add information the peer reviewer (Roberts 2002a and 2002b) were also not permittees outweigh the benefits of felt was relevant but missing from the reviewed in the preparation of the including Subunits 11a, 11b, 11c, 11d, rule. proposed revised critical habitat rule. 11e, and a portion of Subunit 11f that Our Response: The Western Riverside Our Response: We do have copies of are not currently conserved and County Multiple Species Habitat the references the peer reviewer referred managed, and we are not exercising our Conservation Plan (Western Riverside to in his comment. We used information delegated discretion to exclude these County MSHCP) section of the final from these resources to complete the 5- lands under section 4(b)(2) of the Act in revised rule includes the changes and year review for Brodiaea filifolia; much this final revised critical habitat rule. additional information suggested by the of the occurrence information in this Our determination not to exercise our peer reviewer as appropriate. revised critical habitat rule was derived delegated discretion to exclude areas Comment 39: One peer reviewer from the 5-year review. from critical habitat designation under requested additional explanation section 4(b)(2) of the Act is committed detailing why Brodiaea filifolia Public Comments to agency discretion by law and is not occurrences in San Diego and Riverside Comment 42: One commenter reviewable (see Home Builders Ass’n of counties have been excluded from this expressed agreement with the Service’s N. Cal. v. U.S. Fish & Wildlife Serv., revised critical habitat designation proposed exclusion of all lands covered 2006 U.S. Dist. LEXIS 80255 at *66 (E.D. when more protected occurrences of the by the Western Riverside County Cal. Nov. 2, 2006); Cape Hatteras Access species are needed to offset the loss of MSHCP from the revised critical habitat Preservation Alliance et al. v. U.S. Dept. many ‘‘secure’’ B. filifolia locations on designation for Brodiaea filifolia of the Interior, 2010 U.S. Dist. LEXIS Santa Rosa Plateau which were to be an (Subunits 11a, 11b, 11c, 11d, 11e, 11f, 84515 ** 36–38 (D.D.C. August 17, important component of the recovery 11g, and 11h). The commenter stated 2010)). We did, however, determine that strategy for the species. that under provisions in section 6.9 of the benefits of excluding lands in areas Our Response: Only units/subunits the Western Riverside County MSHCP owned by or under the jurisdiction of protected by conservation and and section 14.10 of the Implementing Western Riverside County MSHCP management have been excluded from Agreement for the Western Riverside permittees that are conserved and this revised critical habitat designation; County MSHCP, no critical habitat for managed (Subunits 11g, 11h, and a the peer reviewer’s issue is therefore Brodiaea filifolia should be designated portion of Subunit 11f) outweigh the

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benefits of including those lands as managed and conserved in perpetuity. Completion Project would not revised critical habitat for B. filifolia Thus, in some cases the benefits of appreciably reduce the likelihood of the (see Weighing Benefits of Exclusion exclusion in the form of sustaining and survival and recovery of Brodiaea Against Benefits of Inclusion—Western encouraging partnerships that result in filifolia. Riverside County MSHCP section on the ground conservation of listed Our Response: Please see our above). species may outweigh the incremental response to Comment 43. While the 241 With regard to the commenter’s belief benefits of inclusion. However, in Completion Project did not specifically that critical habitat should not be reviewing the specific circumstances of factor into our exclusion analysis, it is designated in the Western Riverside Brodiaea filifolia, we have not within the plan boundaries of the County MSHCP Plan Area based on concluded that the partnership benefits Orange County Southern Subregion HCP language in section 6.9 of the HCP and of excluding lands covered by the and our section 4(b)(2) analysis for the the associated Implementing Orange County Southern Subregion HCP covers this area. Agreement, section 14.10 of the HCP, the Western Riverside County Comment 46: One commenter Implementing Agreement does not MSHCP, the Carlsbad HMP, and the City expressed a belief that the proposed preclude critical habitat designation and County of San Diego MSCP Subarea revised critical habitat rule for Brodiaea within the plan area (Dudek & Plans that are not currently conserved filifolia is flawed because it does not Associates 2003b, p. 6–109; Western and managed outweigh the regulatory include all areas of occupied habitat. Riverside County Regional Conservation and educational benefits afforded under The commenter believes that at least 33 Authority et al., p. 51). Consistent with section 7 of the Act as a consequence of extant populations of B. filifolia that our commitment under the designating critical habitat in these were present at the time of listing were Implementing Agreement, and after areas (see Exclusions under Section arbitrarily dismissed from the proposed public review and comment on the 4(b)(2) of the Act section above for revised designation because they do not proposed revised critical habitat for details), and we are not exercising our meet the criteria. According to the Brodiaea filifolia, we determined delegated discretion to exclude these commenter, at least one of these through our analysis under section lands under section 4(b)(2) of the Act in populations is at the edge of the species 4(b)(2) of the Act that the maximum this final revised critical habitat rule. range, and may thus have unique extent of allowable exclusions under the Our determination not to exercise our genetic characteristics that can impart Western Riverside County MSHCP is delegated discretion to exclude areas novel evolutionary potential that may be limited to the exclusion of lands owned from critical habitat designation under particularly important under climate by or under the jurisdiction of the section 4(b)(2) of the Act is committed change scenarios. permittees of the Western Riverside to agency discretion by law and is not Our Response: All currently occupied County MSHCP that are both conserved reviewable (see Home Builders Ass’n of and formerly occupied habitat and managed (Subunits 11g, 11h, and a N. Cal. v. U.S. Fish & Wildlife Serv., (including all extant CNDDB Element portion of Subunit 11f) (see Benefits of 2006 U.S. Dist. LEXIS 80255 at *66 (E.D. Occurrences) was considered for Exclusion—Western Riverside County Cal. Nov. 2, 2006); Cape Hatteras Access designation as revised critical habitat for MSHCP section above for a detailed Preservation Alliance et al. v. U.S. Dept. Brodiaea filifolia, and all occurrences discussion of the exclusion analysis). of the Interior, 2010 U.S. Dist. LEXIS were included in the proposed revised Comment 43: Two commenters stated 84515 ** 36–38 (D.D.C. August 17, critical habitat unless they were known that the Orange County Southern 2010)). to have been extirpated, presumed to Subregion Habitat Conservation Plan Comment 44: Two commenters stated have been extirpated based on provides for the conservation and that the Service should have conducted documented negative survey results, are management of Brodiaea filifolia. One of the 4(b)(2) analysis in the proposed not natural occurrences (transplants or the commenters requested that the revised critical habitat rule and based its plants moved from their natural location Secretary exercise his discretion under proposed revision on that analysis, with fill soil), or did not meet the section 4(b)(2) of the Act to exclude the because deferral of this analysis criteria used to identify critical habitat Orange County Southern Subregion deprives the commenting public of (see Criteria Used To Identify Critical Subarea 1 lands from the revised critical information that is necessary to review Habitat section above). habitat designation for B. filifolia, and and to provide meaningful comments on While we recognize that climate provided a number of reasons in the proposed revised rule. change is an important issue with support of a 4(b)(2) exclusion of the Our Response: Generally, it is our potential effects to listed species and Orange County Southern Subregion practice to include a discussion of areas their habitats, we lack adequate Subarea 1 lands. we are considering for exclusion in information to make accurate Our Response: We may exercise our proposed critical habitat rules in order predictions regarding its effects to B. delegated discretion to exclude an area to inform the commenting public of filifolia at this time. However, the from critical habitat under section what areas may be excluded from the revised critical habitat subunits have 4(b)(2) of the Act if we conclude that the final designation under section 4(b)(2) been designed to capture the areas we benefits of exclusion of the area of the Act and why, and allow the believe to support the most stable and outweigh the benefits of its designation. public opportunity to comment on persistent populations, unique and rare We do not exclude areas based on the potential exclusions prior to conducting habitat, and the largest populations of mere existence of management plans or a final exclusion analysis under section the species (see Criteria Used To other conservation measures. The 4(b)(2) of the Act. Identify Critical Habitat section above). existence of a plan may reduce the Comment 45: Two commenters stated We believe these areas will be important benefits of inclusion of an area in that the Service should exclude the to the conservation of B. filifolia under critical habitat to the extent the proposed 241 Completion Project right- climate change scenarios. protections provided under the plan are of-way from Subunit 4c of the revised Comment 47: One commenter redundant with conservation benefits of critical habitat designation. One of the expressed a belief that the Service failed the critical habitat designation. In commenters also pointed out that the to justify why the three criteria used to particular, we believe that the exclusion Service issued a biological opinion define revised critical habitat for of lands may be justified when they are finding that the construction of the 241 Brodiaea filifolia are the only criteria

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used to identify habitat critical for the necessary for the recovery of B. filifolia, critical habitat provides. The survival and recovery of the species. and critical habitat designations do not commenter went on to state that, in The commenter believes that the three signal that habitat outside the Center for Biological Diversity, et al. v. criteria fail to incorporate the effect of designation is unimportant or may not Norton, 240 F. Supp. 2d 1090, 1099 (D. global climate change on the persistence contribute to recovery. Areas outside the Az. 2003), the court found that the of B. filifolia and that many more revised critical habitat designation will existence of a management plan, far criteria are needed to identify essential continue to be subject to conservation from being a reason to exclude an area plant habitat. actions implemented under section from critical habitat, is indisputable Our Response: We believe the three 7(a)(1) of the Act and regulatory proof that the area qualifies as critical criteria used to define revised critical protections afforded by the section habitat. An additional comment states habitat for Brodiaea filifolia were broad 7(a)(2) jeopardy standard and the that the Service fails to conduct the enough to result in the proposal of a prohibitions of section 9 of the Act if required 4(b)(2) analysis of the benefits wide range of occurrences of the actions occurring in these areas may of exclusion versus inclusion of lands species. As a result, we expect the affect B. filifolia; these protections and covered by the existing HCPs. revised designation will afford conservation tools will continue to Our Response: The Service does not protections to the species that will contribute to recovery of this species. interpret the definition of critical habitat enhance its overall stability and Comment 49: One commenter stated (section 3(5)(A) of the Act) to mean that persistence as well as providing for that species with designated critical areas receiving protection or conservation. Because we cannot habitat are more likely to be recovering management do not meet the definition predict what effects global climate than species that lack the designation, of critical habitat. We agree with the change may have on B. filifolia, its citing Taylor et al. 2005. This commenter that prong one of the habitat, or distribution of the species commenter believes that without critical definition of critical habitat in section and its habitat, we are unable to craft habitat, Brodiaea filifolia has a reduced 3(5)(A) of the Act requires only that an criteria that specifically address this chance of persisting and recovering. area contain a physical or biological issue. This commenter goes on to state that the feature essential to the conservation of Comment 48: One commenter Service should consider and evaluate the species that ‘‘may require’’ special expressed a belief that the proposed the recovery benefits of critical habitat management considerations or revised rule is flawed because it does designation in order to promulgate a protection; it does not require an not include unoccupied habitat that the legally valid critical habitat rule (which absolute finding that the area requires commenter considers essential to the the commenter believes was not done in special management considerations or recovery of the species. The commenter the proposed revised rule). protection. Prong two of the definition further states that not including Our Response: Taylor et al. (2005) did of critical habitat does not require a additional habitat that may not be not evaluate the effects of the finding that special management occupied currently but was occupied in conservation benefits provided by HCPs, considerations or protection may be the recent past and where field long-term management plans, or required. conditions have not changed precludes INRMPs on the population trends of the Under section 4(b)(2) of the Act, the opportunity for species recovery in species they evaluated in their study. exclusion of an area from critical habitat these areas, which the commenter We believe that the conservation designation is based on our considers essential. benefits provided by critical habitat determination that the benefits of Our Response: Critical habitat designation in areas we have included exclusion outweigh the benefits of designation is a different process than in the revised designation and by inclusion, and that exclusion of the area development of recovery goals and INRMPs, long-term management plans, will not result in extinction of a species, objectives that are outlined in a recovery and HCPs in areas exempted or which is a complex analysis process. plan (which has not yet been developed excluded from the designation will We found the benefits of exclusion of for Brodiaea filifolia). A critical habitat provide the protection to Brodiaea lands that are both conserved and designation is a regulatory action that filifolia anticipated by section 4 of the managed under HCPs or long-term defines specific areas that are essential Act. Please see the response to comment management plans to be greater than the to the conservation of the species in 49 regarding recovery benefits to the benefits of including these lands in the accordance with the statutory species. revised critical habitat designation in definition. A recovery plan (and the Comment 50: One commenter large part because the associated HCPs associated recovery goals and expressed opposition to any exclusions and management plans afford protection objectives) is a guidance document from the proposed revised critical to the excluded areas, and due to the developed in cooperation with partners, habitat of areas that may be covered by benefits of preserving partnerships and which provides a roadmap with detailed other management plans, HCPs or encouraging development of additional site-specific management actions to help INRMPs, pursuant to section 3(5)(A) HCPs and other conservation plans in conserve listed species and their under the logic that they do not need the future. We believe we appropriately ecosystems. Recovery plans provide ‘‘special management’’ or under section applied our exclusion analysis as important information about the species 4(b)(2). The commenter believes that all required by section 4(b)(2) of the Act for and the actions that are needed to bring Brodiaea filifolia essential habitat needs existing HCPs. For more information, about a species’ recovery. special management because of the see the Exclusions under Section 4(b)(2) We believe we have, to the best of our variety of direct and indirect impacts to of the Act section for a detailed ability and based on the best available the habitat. The commenter stated that discussion. scientific and commercial information, areas that require special management Section 4(a)(3)(B)(i) of the Act states: identified all habitat areas that are considerations but which are covered or ‘‘The Secretary shall not designate as essential to the conservation of Brodiaea will be covered in the future by critical habitat any lands or other filifolia. We recognize that the management plans or conservation geographical areas owned or controlled designation of revised critical habitat plans should not be excluded pursuant by the Department of Defense, or may not include all of the habitat that to ESA section 3(5)(A) or 4(b)(2) from designated for its use, that are subject to may eventually be determined to be the protection that a designation of an integrated natural resources

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management plan prepared under and not publicly reviewed plans for revised designation of critical habitat for section 101 of the Sikes Act conservation is unacceptable and Brodiaea filifolia. Occupied areas not [Improvement Act of 1997 (Sikes Act)] provides only a highly speculative proposed as revised critical habitat are (16 U.S.C. 670a), if the Secretary conservation benefit at best. The outside the scope of the Economic determines in writing that such plan commenter does not believe that the Analysis, as they are not expected to be provides a benefit to the species for proposed revised critical habitat rule impacted by the designation. which critical habitat is proposed for demonstrates unequivocally that the Comment 55: One commenter noted designation.’’ benefits of excluding these areas from that Subunit 8f is in unincorporated San We determined that conservation the revised critical habitat designation Diego County, not the City of San efforts identified in the INRMP provide for Brodiaea filifolia outweigh the Marcos as indicated in the proposed a benefit to the populations of Brodiaea benefits of including them in the revised critical habitat rule. It is within filifolia and this species’ habitat designation. the County of San Diego MSCP North occurring on MCB Camp Pendleton (the Our Response: We did not exclude County Plan, but owned by the San only military lands on which the any habitat from this revised critical Marcos Unified School District. School species is known to occur) (MCB Camp habitat designation that falls within the districts are their own jurisdiction and Pendleton 2007, Section 4, pp. 51–76). plan area of an HCP permit that has not not subject to the County plans and The INRMP provides measures that yet been issued. Please see the regulations. The commenter does not promote the conservation of B. filifolia Exclusions Under Section 4(b)(2) of the object to the designation of this area as within the 1,531 ac (620 ha) of habitat Act section for a detailed discussion on critical habitat for Brodiaea filifolia. that we believe contain the features our exclusion analyses of those areas we Our Response: We thank the essential to the conservation of B. considered for exclusion in the commenter for this information and filifolia on MCB Camp Pendleton, which proposed revised critical habitat have incorporated it into the final are subject to the INRMP, within the designation (74 FR 64292). revised critical habitat rule. following areas: Cristianitos Canyon, Comment 53: One commenter Comment 56: One commenter noted Bravo One, Bravo Two South, Basilone/ recommended that the revised critical that Unit 12 is in a Minor Amendment San Mateo Junction, Camp Horno, habitat designation carefully consider area of the County of San Diego MSCP Pilgrim Creek, and South White Beach. all of the existing conservation Subarea Plan; therefore, proposed As a result, we are not including these investments through mitigation of projects require Service concurrence of areas in this final revised critical habitat impacts to Brodiaea filifolia and support proposed impacts and mitigation to designation. those investments so that they can move forward. Because Service Comment 51: One commenter stated succeed. The commenter expressed concurrence is required, the commenter that whether habitat does or does not concern that withdrawing these lands believes there will be no additional require special management is not from the revised critical habitat benefit from critical habitat. determinative on whether or not that designation would undermine and Approximately 28 ac (11 ha) of the habitat is ‘‘critical’’ to a threatened or devalue the previous conservation southern portion of Unit 12 are Take endangered species; what is investments because the surrounding Authorized and approximately 3.5 ac determinative is whether or not the land would no longer be highly valued (1.4 ha) are hardline preserve. habitat is ‘‘essential to the conservation for conservation, which would lead to Mitigation for the Take Authorized area of the species’’ and special management isolation and fragmentation of adjacent was coordinated with the Service prior of that habitat is possibly necessary (16 areas which would degrade the to the approval of the Subarea Plan; U.S.C. 1532(5)(A)(i)). Thus, according to mitigation lands, and ultimately make therefore these areas should not be the commenter, the fact that a particular irrelevant the mitigation. included in the revised critical habitat habitat does, in fact, require special Our Response: We have excluded designation for Brodiaea filifolia management is demonstrative evidence only lands that are both conserved and according to this commenter. that the habitat is ‘‘critical.’’ managed from this revised designation. Our Response: We may exercise our Our Response: We agree with the Some of these excluded areas include delegated discretion to exclude an area commenter that prong one of the lands set aside as mitigation or as a from critical habitat under section definition of critical habitat in section result of consultations under section 7 4(b)(2) of the Act if we conclude that the 3(5)(A) of the Act requires only that an of the Act to offset project impacts. We benefits of exclusion of the area area contain a physical or biological do not agree with the commenter’s outweigh the benefits of its designation. feature essential to the conservation of assertion that not designating revised We do not exclude areas based on the the species that ‘‘may require’’ special critical habitat would decrease the mere existence of management plans or management considerations or perceived conservation value of other conservation measures. The protection; it does not require an mitigation areas because these lands are existence of a plan may reduce the absolute finding that the area requires understood to have high conservation benefits of inclusion of an area in special management considerations or value due to their conserved status. critical habitat to the extent the protection. Prong two of the definition Comment 54: One commenter protections provided under the plan are of critical habitat does not require a asserted that the Service needs to redundant with conservation benefits of finding that special management include all occupied and suitable the critical habitat designation. In considerations or protection may be unoccupied habitat in the revised final particular, we believe that the exclusion required. Please see the Criteria Used To economic analysis (FEA) and final of lands may be justified when they are Identify Critical Habitat and Exclusions revised critical habitat rule, and not rely managed and conserved in perpetuity. Under Section 4(b)(2) of the Act sections on the proposed revised critical habitat Thus, in some cases the benefits of for a detailed discussion of the process rule as the basis for the economic exclusion in the form of sustaining and followed to delineate critical habitat for analysis. encouraging partnerships that result in this revised designation. Our Response: The purpose of the on the ground conservation of listed Comment 52: One commenter stated economic analysis is to identify and species may outweigh the incremental that any exclusion of critical habitat that analyze the potential incremental benefits of inclusion. Only a portion of relies on not yet adopted, preliminary economic impacts associated with the the Minor Amendment area of the

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County of San Diego MSCP Subarea are excluded by text in this rule and are Economic Analysis Comments Plan is both conserved and managed, not designated as critical habitat. General Comments About Framework, and we have not concluded that the Therefore, Federal actions involving Assumptions, and Economic Benefits partnership benefits of excluding all these lands would not trigger section 7 lands within the Minor Amendment consultation with respect to critical Comment 60: Two commenters stated area under section 4(b)(2) of the Act habitat and the requirement of no the discount rate applied and the outweigh the benefits of including these adverse modification unless the specific development projections should be reevaluated given current economic areas in the final revised critical habitat actions may affect the species or PCEs conditions. The next few years will have designation. Based on the results of our in adjacent critical habitat. exclusion analysis for proposed lands far lower economic activity than covered under the County of San Diego Please see our response to Comment expected, and should be reevaluated MSCP Subarea Plan, we did determine 42 for a discussion regarding our 4(b)(2) given current economic conditions. that the benefits of exclusion analysis for areas covered by the Our Response: The U.S. Office of outweighed the benefits of inclusion in Western Riverside County MSHCP. We Management and Budget (OMB) the area already conserved and managed are not exercising our delegated requires Federal agencies to report under the Artesian Trails Management discretion under section 4(b)(2) of the results using discount rates of three and Plan, and this is the only portion of the Act to exclude Subunit 11a from this seven percent (see OMB, Circular A–4, Minor Amendment area of the County of final revised critical habitat designation. 2003). The DEA relies on growth San Diego MSCP Subarea Plan that has Therefore, any Metropolitan Water projections at the census tract level been excluded from this revised District activities that might impact provided by the San Diego Association designation. lands in Subunit 11a outside of the of Governments (SANDAG) and the Comment 57: One commenter Davis Road right-of-way will require Southern California Association of suggested we exclude the Metropolitan consultation with the Service if there is Governments (SCAG). These projections Water District right-of-way from Unit a Federal nexus; this may result in forecast growth over a 20-year period; however, they generally do not provide 11a of the revised critical habitat project delays. designation. According to the information about the percent of this commenter, the right-of-way includes Comment 58: One commenter pointed growth occurring in intermediate time the shoulders of Davis Road, which are out that Metropolitan Water District periods. It is possible that, given current highly disturbed and not suitable for purchased 74 ac (30 ha) of land and economic conditions, development sensitive plants. Alternatively, the funded research to conserve and activity will be slower in the early part commenter suggests we exclude all of enhance populations of Brodiaea of this timeframe and more aggressive Subunit 11a under 4(b)(2) of the Act filifolia as part of the consultation under during the latter half. However, lacking because it is within the area covered by section 7 of the Act for the Inland specific data on which to base the Western Riverside County MSHCP. Feeder Project (Service 1999 (1–6–99– assumptions about a variable growth The commenter further expressed F–18)). The commenter stated that these rate, we assume linear growth between concern that the designation of revised lands should be excluded from the 2010 and 2030. A note has been added critical habitat for Brodiaea filifolia may revised critical habitat designation for B. to Exhibit 3–13 of the FEA to draw delay, limit, or impede access needed to filifolia because they have been attention to this assumption (IEc 2010, ensure safe and effective operation of conferred to CDFG for inclusion into the p 3–20). critical infrastructure (Metropolitan San Jacinto Wildlife Area, and are Comment 61: One commenter stated Water District) facilities in Subunit 11a. protected and managed by CDFG as part that as a result of decreased development and associated The commenter is concerned that of the wildlife area. maintenance activities in these areas construction spending, it appears that could be delayed or prevented by Our Response: Please see our there may not be funding available for additional permitting requirements of response to Comment 42 for a many of the conservation efforts regulatory agencies due to the revised discussion regarding our 4(b)(2) analysis included in the HCPs. Therefore, the critical habitat designation. for areas covered by the Western DEA’s assumptions regarding the Our Response: When determining the Riverside County MSHCP. We are not implementation of conservation revised critical habitat boundaries, we exercising our delegated discretion measures under the HCPs and the made every effort to map precisely only under section 4(b)(2) of the Act to availability of funds to carry out these the areas that contain the PCEs and exclude lands within the San Jacinto measures are flawed. provide for the conservation of Brodiaea Wildlife Area from this final revised Our Response: The DEA does not filifolia. However, we cannot guarantee critical habitat designation. Therefore, evaluate the broader goals of the that every fraction of critical habitat any Metropolitan Water District regional HCPs and whether they will be contains the PCEs due to the mapping activities that might impact lands in achieved. The costs of implementing the scale we use to draft critical habitat Subunit 11a outside of the Davis Road HCPs outside of proposed revised boundaries. We made every attempt to right-of-way will require consultation critical habitat are not estimated. Rather, avoid including developed areas such as with the Service if there is a Federal the DEA identifies development that is lands underlying buildings, paved areas, nexus. likely to occur over the next 20 years and other structures that lack PCEs for based on data obtained from regional Comment 59: One commenter B. filifolia. The scale of maps prepared planning agencies and uses the submitted several comments describing under the parameters for publication conservation and mitigation needed and planned research activities within the Code of Federal Regulations requirements defined in the HCPs as may not reflect the exclusion of such for the Devil’s Canyon (Subunit 5b) proxies for the best estimate of the developed areas. Any developed occurrence of Brodiaea filifolia. outcome of future section 7 structures and the land under them Our Response: We thank the consultations. Specifically, the DEA inadvertently left inside critical habitat commenter for this information. We will assumes that 95 percent of critical boundaries shown on the maps of this consider this information in our next habitat acres overlapping a development final revised critical habitat designation 5-year review for this species. project must be preserved and salvaging

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and transplantation of plants occurs on aware of the need to consult on adjusted the FEA to reflect this new the remaining 5 percent. We agree that potential effects to B. filifolia. information on administrative costs if a developer does not have the funds Furthermore, relying upon this associated with the designation. The to carry out these measures, then the assumption to assign all costs associated FEA uses an administrative cost of project is unlikely to move forward. with these consultations to the preparing a biological assessment of However, the loss in land value that designation of critical habitat is not $25,000; this estimate reflects the high- occurs as a result of these requirements accurate. The commenter argues that end estimate provided by one is real, regardless of whether the these consultations should be required commenter and falls within the range individual projects actually take place. under the listing of the species and thus provided by another commenter. The Comment 62: One commenter stated should be considered a baseline cost. FEA uses an administrative cost to third that the DEA does not clearly define Our Response: The incremental parties of $10,000 for all types of how it estimates potential cost effects memorandum provided in consultation. It should be noted that a associated with time delays, regulatory Appendix D justifies this assumption cost of $250,000 for a programmatic uncertainty, and stigma. (IEc 2010, p. D–1). The Service relies consultation and CEQA review of the Our Response: Chapter 2 defines these upon consultation data for the San Inland Feeder Project is used in place of categories of cost for the purposes of the Diego fairy shrimp to determine the the costs provided in Exhibit 2–3; analysis (IEc 2010, pp. 2–1–2–22). Data number of consultations which would because a cost estimate specific to the are not readily available to quantify not have occurred absent critical project was provided by the stakeholder potential impacts from regulatory habitat. The Service states that ‘‘similar (IEc 2010, p. 2–15). uncertainty and stigma, thus they are to [Brodiaea filifolia], impacts to lands Comment 67: One commenter stated discussed qualitatively. adjacent to the habitat physically that the Service’s methodological Comment 63: One commenter stated occupied by San Diego fairy shrimp (i.e., approach of separately estimating that because all units within the the local watershed that surrounds a incremental impacts of the designation proposed revised critical habitat are vernal pool) were not necessarily relative to existing baseline protections currently occupied by Brodiaea filifolia, addressed through consultation with the omits substantial economic impacts no additional expenses would be Service prior to critical habitat resulting from the proposed rule. incurred during section 7 consultation designation’’ (Service 2010, in litt.). The Our Response: The identification and to address adverse modification of Service determines that the designation estimation of incremental impacts is critical habitat. of critical habitat for the fairy shrimp consistent with direction provided by Our Response: As is described in resulted in a 20 percent increase in the OMB to Federal agencies for the Chapter 2, new consultations taking number of consultations and believes estimation of the costs and benefits of place after critical habitat designation that it may see a comparable increase in Federal regulations (see OMB, Circular must include additional analysis and the number of consultations for B. A–4, 2003). It is also consistent with text to address whether the action will filifolia after the designation of revised several recent court decisions, including adversely modify critical habitat (IEc critical habitat. This behavioral change Cape Hatteras Access Preservation 2010, pp. 2–12–2–14). The Service, is directly attributable to the designation Alliance v. U.S. Department of the relevant action agencies, and third party of revised critical habitat; thus we count Interior, 344 F. Supp. 2d 108 (D.D.C.) participants in section 7 consultations the costs of this new behavior as and Center for Biological Diversity v. have provided information for this and incremental. This assumption U.S. Bureau of Land Management, 422 other economic analyses of critical represents the professional judgment of F. Supp. 2d 1115 (N.D. Cal. 2006). habitat designation estimating the Service staff and represents the best Those decisions found that estimation additional regulatory and administrative available information. of incremental impacts stemming solely burdens imposed by this requirement. Comment 66: Two commenters stated from the designation is proper. These costs are incremental because that the administrative costs of Comment 68: One commenter stated absent designation, no requirement to consultation used in the analysis are that the Service’s framework ignores evaluate, comment on, or address the underestimated. One commenter indirect and cumulative effects of the potential for adverse modification suggested that based on personal designation of critical habitat. The exists. experience, the cost for technical measurement of these types of impacts Comment 64: One commenter stated assistance varies from $5,000 to $10,000 is required under another Federal that including the cost of considering and can be more if outside legal counsel environmental law, the National additional land for pollinators as an is necessary. Similarly, the costs for Environmental Policy Act (NEPA). incremental cost of the designation is preparing a biological assessment are Our Response: Executive Order inappropriate because the Service must also underestimated; a more accurate 12866, Regulatory Planning and Review, consider pollinators in consultations for figure would be $10,000 to $25,000. and OMB’s Circular A–4, which impacts to the species regardless of Another commenter suggested that the provides direction to Federal agencies designation of critical habitat. cost of preparing a biological assessment on the implementation of Executive Our Response: This assumption is for a new consultation considering only Order 12866, represent the framework explained in detail in the incremental adverse modification should be 5–10 used to estimate the costs and benefits effects memorandum from the Service times higher than the amount given in of regulations promulgated by all provided in Appendix D (IEc 2010, p. Exhibit 2–3 ($4,200). Additionally, the Federal agencies. They do not require D–1). It represents the professional commenter believes that third party the estimation of indirect or cumulative judgment of Service staff and represents costs of consultation are substantially impacts. Furthermore, section 4(b)(2) of the best available information. underestimated. the ESA is silent on the definition of Comment 65: One commenter stated Our Response: We have reviewed the ‘‘economic impacts’’ to be considered that no data are presented to justify the cost estimates presented by the prior to the designation of critical assumption that in areas greater than 50 commenters and find that they fall habitat. Thus, the Service relies on the ft (15 m) of a known Brodiaea filifolia within acceptable range limits identified well-established and universally occurrence, 20 percent of the time the through discussions with other project followed principles laid out in Circular action agency would not have been proponents and as a result, have A–4.

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Also it is our position that, outside reasons for this determination in the Our Response: Chapter 3 of the DEA the jurisdiction of the U.S. Court of Federal Register on October 25, 1983 states that 90 ac (36 ha) out of a total Appeals for the Tenth Circuit, we do not (48 FR 49244). The Ninth Circuit of the 133 ac (54 ha) in Subunit 4c is or will need to prepare environmental analyses U.S. Court of Appeals upheld this be conserved under the Orange County as defined by NEPA (42 U.S.C. 4321 et position (Douglas County v. Babbitt, 48 Southern Subregion HCP (see Exhibit 3– seq.) in connection with designating F.3d 1495 (9th Cir. 1995), cert. denied 2) (IEc 2010, p. 3–4). This leaves 43 ac critical habitat under the Act. See 516 U.S. 1042 (1996)). (17 ha) of land that is not within lands National Environmental Policy Act Comment 71: One commenter stated mapped as Reserves and Open Space. (NEPA) (42 U.S.C. 4321 et seq.) section that the DEA fails to include The text on page 2–18 has been revised below. consideration of all the benefits to clarify that only a portion of the land Comment 69: One commenter stated resulting from the designation, such as covered by the Orange County Southern that the DEA does not consider added the positive impact on property values Subregion HCP is within lands mapped environmental reviews by other in the surrounding community due to as Reserves and Open Space (IEc 2010, regulatory agencies that could trigger the designation and non-development of p. 2–18). more complex permits and more open space; protection of clean water Comment 73: One commenter stated mitigation measures. Nor did it assess and clean air; preservation of natural that acres of private developable land the costs of consultation under section habitat for other species which may attributable to Subunit 4c should be 10 of the Act. alleviate the need for listing species in 43.8 ac (17.7 ha), not 18.53 ac (7.49 ha) Our Response: Chapter 2 of the DEA the future; and maintaining a mosaic of set forth in Exhibit 3–3. explains that critical habitat designation habitat types that native species use as Our Response: The DEA characterizes may provide new information to a movement corridors in arid southern potentially developable land as that where development is not currently community about the sensitive California. The commenter asserts that ecological nature of a geographic region, restricted (e.g., lands not conserved these benefits should be assessed and potentially triggering additional under an HCP) that has been categorized quantified where possible or otherwise economic impacts under State or local as ‘‘vacant’’ by SCAG or SANDAG. The included in a detailed qualitative laws, such as CEQA (IEc 2010, pp. 2-1– FEA has been revised to reflect the analysis. 2-22). Where appropriate the DEA information about potentially includes costs associated with CEQA Our Response: As described in developable land in Subunit 4c review. We are not aware of any new Chapter 6 of the DEA, the purpose of provided by this comment. The FEA HCPs likely to be prepared under critical habitat is to support the considers 25.01 ac (10.12 ha) section 10 of the Act to cover Brodiaea conservation of Brodiaea filifolia (IEc categorized as ‘‘non-irrigated cropland filifolia. The HCPs currently in place 2010, pp. 6-1–6-4). The data required to and improved pastureland’’ as were developed prior to the designation estimate and value in monetary terms potentially developable land in addition of critical habitat for B. filifolia and thus the incremental changes in the to the 18.53 ac (7.49 ha) of vacant land. are outside of the scope of this analysis. probability of conservation resulting Exhibit 3–3 has been revised to reflect Additionally, HCPs are usually not from the designation are not available. this new information and the economic prepared for plant species because there Depending on the project modifications impact estimates in the FEA have been is no prohibition against take of plants. ultimately implemented as a result of revised accordingly (IEc 2010, p. 3–6). In general, plant species will be covered the regulation, other ancillary benefits Impacts to Transportation, Utility, and by an HCP only if a listed animal that are not the stated objective of Flood Control Activities species is present in the area. critical habitat (such as increasing the Comment 70: One commenter stated value of homes adjacent to preserved Comment 74: One commenter stated that the DEA should consider habitat or preserving habitat for other that the DEA should include an cumulative effects (defined as the non-listed species) may occur. These evaluation of the impacts of designating impact on the environment which benefits are discussed qualitatively. The revised critical habitat on the 241 results from the incremental impact of DEA includes a discussion of the Completion Project and all other the action when added to other past, potential benefits to property values as transportation projects including project present, and reasonably foreseeable well as the overall benefit to ecosystem delays, the economic impact of future actions regardless of what agency health that is shared by other, coexisting designing, refining, and negotiating a (Federal or non-Federal) or person species. The FEA has been revised to preferred alternative to avoid Brodiaea undertakes such other actions (40 CFR include discussion of the new ancillary filifolia critical habitat, costs associated 1508.7)) of the revised critical habitat benefit categories referenced in the with mitigation measures, and impacts designation for Brodiaea filifolia and comment (see Exhibit 6–1 of the FEA) arising from reduction in housing other existing or pending critical habitat (IEc 2010, p. 6-4). supply. Our Response: The FEA evaluates designations in Southern California. The Impacts to Residential and Commercial potential economic impacts of this commenter stated NEPA and its Development Activities implementing regulations require revised critical habitat designation on Federal agencies to evaluate these Comment 72: One commenter stated all known transportation projects within cumulative impacts. that the DEA’s assertion that the areas the areas proposed as revised critical Our Response: It is our position that, proposed for designation covered by the habitat. Regarding the 241 Completion outside the jurisdiction of the U.S. Court Orange County Southern Subregion HCP Project, we have become aware that the of Appeals for the Tenth Circuit, we do are within lands mapped as Reserves proposed project does not meet the not need to prepare environmental and Open Space Areas is incorrect. The requirements of the Coastal Zone analyses as defined by NEPA in commenter calculates that the proposed Management Act and the California connection with designating critical revised critical habitat designation Coastal Commission (CCC) has denied a habitat under the Act, including the covers 43.8 ac (17.7 ha) of land permit for this project as currently economic analyses performed as part of designated for development in Planning planned based on concerns related to a the critical habitat designation process. Area 2. This land falls within Subunit portion of the project located outside of We published a notice outlining our 4c. revised critical habitat. Based on the

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CCC’s concerns, it appears that no of revised critical habitat and CEQA Required Determinations viable project alternatives exist at this review for this project. Because this Regulatory Planning and Review— time and the proposed project as consultation would not have occurred Executive Order 12866 currently designed cannot move forward absent critical habitat, any project without project modification. Because modification costs would be considered The Office of Management and Budget the issues related to the CCC’s permit incremental impacts of the designation. (OMB) has determined that this rule is denial concern areas not proposed as At this time we do not know specific not significant and has not reviewed revised critical habitat, we consider project modifications that may be this proposed rule under Executive these costs to be baseline and have requested and thus cannot estimate Order 12866 (E.O. 12866). OMB bases identified these costs in the FEA (see potential costs. A qualitative discussion its determination upon the following 241 Completion Project in the FEA) (IEc of the potential for additional project four criteria: (1) Whether the rule will have an 2010, p. 4-3). All other impacts on modification costs has been added to annual effect of $100 million or more on known transportation projects as a Chapter 4. result of the designation are identified the economy or adversely affect an in Chapter 4 of the FEA (IEc 2010, pp. Comment 77: One commenter stated economic sector, productivity, jobs, the 4-1–4-3). that the DEA should have included environment, or other units of the Comment 75: One commenter stated transportation projects in the regional government. that designation of revised critical and interregional transportation plans (2) Whether the rule will create habitat for Brodiaea filifolia may result prepared for regional and Federal inconsistencies with other Federal in increased economic burden to the transportation planning and Federal air agencies’ actions. Metropolitan Water District in Subunit quality conformity such as the Regional (3) Whether the rule will materially 11a due to increased number of Transportation Plans and Regional affect entitlements, grants, user fees, consultations with permitting agencies Transportation Improvement Plans. loan programs, or the rights and obligations of their recipients. including consultations under section Our Response: The SCAG and 10 of the Act where there is no Federal (4) Whether the rule raises novel legal SANDAG Regional Transportation Plans or policy issues. nexus (technically referred to as issuing and Regional Transportation an incidental take permit; the term Improvement Plans have been reviewed Regulatory Flexibility Act (5 U.S.C. 601 ‘consultation’ refers to the process for the FEA. This review identified two et seq.) under section 7 of the Act, not under projects that may occur within Subunit section 10 of the Act), increased Under the Regulatory Flexibility Act 11c: the widening of Case Road between environmental compliance costs for (5 U.S.C. 601 et seq., as amended by the Goetz Road and I–215 and construction mitigation and CEQA documentation, Small Business Regulatory Enforcement and increased time and cost to obtain of a two-lane arterial and two-lane grade Fairness Act (SBREFA) of 1996), permits for maintenance operations. separation on Ellis Avenue. These whenever an agency is required to Our Response: The FEA evaluated projects are identified as ‘‘financially publish a notice of rulemaking for any potential economic impacts of this constrained projects’’ that are subject to proposed or final rule, it must prepare revised critical habitat designation on available funding. Because these and make available for public comment all landowners and project proponents projects are not yet funded and are, a regulatory flexibility analysis that within the designated area. Regarding therefore, uncertain they will not be describes the effect of the rule on small Metropolitan Water District activities, included in this analysis. A footnote to entities (i.e., small businesses, small the FEA assumes that a programmatic this effect has been added to Chapter 4 organizations, and small government consultation resulting entirely from the of the FEA. jurisdictions), as described below. designation of revised critical habitat Comment 78: One commenter stated However, no regulatory flexibility and CEQA review will occur in 2011. that the DEA improperly and in analysis is required if the head of an The FEA estimated the incremental violation of the requirement to use the agency certifies the rule will not have a costs to Metropolitan Water District to ‘‘best scientific data available’’ excludes significant economic impact on a be $250,000. Additionally, according to the 241 Completion Project from substantial number of small entities. In the FEA, any project modifications that consideration of economic impacts this final rule, we are certifying that the are requested as a result of the resulting from the proposed rule. The revised critical habitat designation for consultation are also considered commenter states that: the Service’s Brodiaea filifolia will not have a incremental costs of the designation. conclusion that no viable alternatives significant economic impact on a substantial number of small entities. However, because specific project exist for the 241 Completion Project is The following discussion explains our modifications likely to be requested outside of the scope of the agency’s rationale. were not known at the time the FEA was expertise; new information alone is not completed, project modification costs According to the Small Business a trigger for re-initiation of consultation; Administration, small entities include have not been quantified for this project. and the Service cannot determine at this Also, note that if there is no Federal small organizations, such as time whether the 2008 biological independent nonprofit organizations; nexus, issuing an incidental take permit opinion is no longer valid. under section 10 of the Act is not small governmental jurisdictions, required for plant species. Our Response: As is described in the including school boards and city and Comment 76: One commenter stated text box on page ES–11 and in Chapter town governments that serve fewer than that during consultation for the Inland 4 of the DEA the Service believes that 50,000 residents; and small businesses Feeder project in Subunit 11A no viable alternative exists for this (13 CFR 121.201). Small businesses additional mitigation requirements may project (IEc 2010, pp. ES–11, 4–2). The include manufacturing and mining be imposed increasing the cost of Service maintains that the Foothill/ concerns with fewer than 500 compliance with the Act. Eastern Transportation Corridor Agency employees, wholesale trade entities Our Response: The DEA includes the would need to engage in additional with fewer than 100 employees, retail costs of a programmatic consultation consultation under section 7 of the Act and service businesses with less than $5 resulting entirely from the designation for a redesigned project. million in annual sales, general and

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heavy construction businesses with less evaluated the potential economic effects transportation, development, and flood than $27.5 million in annual business, on small business entities resulting from control impacts as identified in the FEA special trade contractors doing less than implementation of conservation actions (IEc 2010, p. A–1–A–6). Therefore, we $11.5 million in annual business, and related to the revised designation of are certifying that the designation of agricultural businesses with annual critical habitat for Brodiaea filifolia. The revised critical habitat for Brodiaea sales less than $750,000. To determine analysis is based on the estimated filifolia will not have a significant if potential economic impacts to these impacts associated with the rulemaking economic impact on a substantial small entities are significant, we as described in sections 3 through 5 of number of small entities, and a considered the types of activities that the analysis and evaluates the potential regulatory flexibility analysis is not might trigger regulatory impacts under for economic impacts related to: required. this designation as well as types of Commercial and residential Unfunded Mandates Reform Act (2 project modifications that may result. In development; transportation, utility, U.S.C. 1501 et seq.) general, the term ‘‘significant economic and flood control; and public and impact’’ is meant to apply to a typical conservancy lands management (IEc In accordance with the Unfunded small business firm’s business 2010, p. 1–5). The FEA estimates the Mandates Reform Act, we make the operations. total incremental impacts associated following findings: To determine if the designation of with development as a whole to be (1) This rule will not produce a revised critical habitat for Brodiaea $280,000 to $384,000 over the 20-year Federal mandate. In general, a Federal filifolia would significantly affect a timeframe of the FEA. The FEA mandate is a provision in legislation, substantial number of small entities, we identifies incremental impacts to small statute, or regulation that would impose consider the number of small entities entities to occur only due to residential an enforceable duty upon State, local, or Tribal governments, or the private affected within particular types of and commercial development (IEc 2010, sector, and includes both ‘‘Federal economic activities, such as residential p. A–4). The other categories of projects intergovernmental mandates’’ and and commercial development. We apply either will have no impacts ‘‘Federal private sector mandates.’’ the ‘‘substantial number’’ test (transportation, utility, and flood These terms are defined in 2 U.S.C. individually to each industry to control; management of public and 658(5)–(7). ‘‘Federal intergovernmental determine if certification is appropriate. conservation lands) or are Federal, mandate’’ includes a regulation that However, the SBREFA does not State, or public entities not considered ‘‘would impose an enforceable duty explicitly define ‘‘substantial number’’ small or exceed the criteria for small upon State, local, or Tribal or ‘‘significant economic impact.’’ business status (IEc 2010, p. A–4). Of governments,’’ with two exceptions. Consequently, to assess whether a the approximately 1,025 ac (415 ha) of ‘‘substantial number’’ of small entities is First, it excludes ‘‘a condition of federal land considered developable in the assistance.’’ Second, it also excludes ‘‘a affected by this designation, this designation, only 132 ac (53 ha) have analysis considers the relative number duty arising from participation in a been forecasted to be developed over the voluntary Federal program,’’ unless the of small entities likely to be impacted in next 20-year timeframe (IEc 2010, p. A– an area. In some circumstances, regulation ‘‘relates to a then-existing 5). The FEA equates this acreage to 23 Federal program under which especially with critical habitat projects, with one developer per project designations of limited extent, we may $500,000,000 or more is provided (IEc 2010, p. A–6). The FEA summarizes annually to State, local, and Tribal aggregate across all industries and that less than one new project is likely consider whether the total number of governments under entitlement to occur annually that may be affected small entities affected is substantial. In authority,’’ if the provision would by the designation of revised critical estimating the number of small entities ‘‘increase the stringency of conditions of habitat resulting in total annualized potentially affected, we also consider assistance’’ or ‘‘place caps upon, or incremental impacts to small entities of whether their activities have any otherwise decrease, the Federal $24,700 to $33,900 (IEc 2010, p. 3–19). Federal involvement. Government’s responsibility to provide Designation of critical habitat affects The FEA assumes all developers are funding’’ and the State, local, or Tribal only activities conducted, funded, considered small; this estimate may governments ‘‘lack authority’’ to adjust permitted, or authorized by Federal overstate impacts if not all of the accordingly. ‘‘Federal private sector agencies. Some kinds of activities are developers are small. Please refer to our mandate’’ includes a regulation that unlikely to have any Federal final economic analysis of the revised ‘‘would impose an enforceable duty involvement and so will not be affected critical habitat designation for B. filifolia upon the private sector, except (i) a by critical habitat designation. In areas for a more detailed discussion of condition of Federal assistance; or (ii) a where the species is present, Federal potential economic impacts. duty arising from participation in a agencies already are required to consult In summary, we considered whether voluntary Federal program.’’ with us under section 7 of the Act on this designation would result in a Critical habitat designation does not activities they fund, permit, or significant economic effect on a impose a legally binding duty on non- implement that may affect Brodiaea substantial number of small entities. Federal Government entities or private filifolia. Federal agencies also must The total number of small businesses parties. Under the Act, the only consult with us if their activities may impacted annually by the designation is regulatory effect is that Federal agencies affect critical habitat. Designation of estimated to be fewer than one, with an must ensure that their actions do not critical habitat, therefore, could result in annualized impact of approximately destroy or adversely modify critical an additional economic impact on small $24,700 to $33,900. This impact is less habitat under section 7. Designation of entities due to the requirement to than 10 percent of the total incremental critical habitat may indirectly impact reinitiate consultation for ongoing impact identified for development non-Federal entities that receive Federal Federal activities (see Application of the activities. Based on the above reasoning funding, assistance, or permits, or that ‘‘Adverse Modification’’ Standard and currently available information, we otherwise require approval or section). concluded this rule would not result in authorization from a Federal agency. In our final economic analysis of the a significant economic impact on a However, the legally binding duty to revised critical habitat designation, we substantial number of small entities for avoid destruction or adverse

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modification of critical habitat rests Interior policy, we requested National Environmental Policy Act squarely on the Federal agency. information from, and coordinated (NEPA) (42 U.S.C. 4321 et seq.) Furthermore, to the extent that non- development of this proposed revised It is our position that, outside the Federal entities are indirectly impacted critical habitat designation with, jurisdiction of the U.S. Court of Appeals because they receive Federal assistance appropriate State resource agencies in for the Tenth Circuit, we do not need to or participate in a voluntary Federal aid California. The designation may have prepare environmental analyses as program, the Unfunded Mandates some benefit to these governments defined by NEPA (42 U.S.C. 4321 et Reform Act would not apply, nor would because the areas that contain the seq.) in connection with designating critical habitat shift the costs of the large features essential to the conservation of critical habitat under the Act. We entitlement programs listed above on to the species are more clearly defined, published a notice outlining our reasons State governments. and the PCEs of the habitat necessary to for this determination in the Federal (2) As discussed in the FEA of the the conservation of the species are proposed designation of revised critical Register on October 25, 1983 (48 FR specifically identified. This information 49244). This position was upheld by the habitat for Brodiaea filifolia, we do not does not alter where and what federally believe that this rule would significantly U.S. Court of Appeals for the Ninth sponsored activities may occur. Circuit (Douglas County v. Babbitt, 48 or uniquely affect small governments However, it may assist these local because it would not produce a Federal F.3d 1495 (9th Cir. 1995), cert. denied governments in long-range planning 516 U.S. 1042 (1996)). mandate of $100 million or greater in (because these local governments no ‘‘ any year; that is, it is not a significant longer have to wait for case-by-case Government-to-Government ’’ regulatory action under the Unfunded section 7 consultations to occur). Relationship With Tribes Mandates Reform Act. The FEA concludes incremental impacts may Where State and local governments In accordance with the President’s occur due to administrative costs of require approval or authorization from a memorandum of April 29, 1994, section 7 consultations for development Federal agency for actions that may Government-to-Government Relations activities; however, these are not affect critical habitat, consultation with Native American Tribal expected to affect small governments. under section 7(a)(2) would be required. Governments (59 FR 22951), E.O. 13175, Incremental impacts stemming from While non-Federal entities that receive and the Department of the Interior’s various species conservation and Federal funding, assistance, or permits, manual at 512 DM 2, we have a development control activities are or that otherwise require approval or responsibility to communicate expected to be borne by the Federal authorization from a Federal agency for meaningfully with recognized Federal Government, California Department of an action, may be indirectly impacted Tribes on a government-to-government Transportation, CDFG, Riverside by the designation of critical habitat, the basis. In accordance with Secretarial County, Riverside County Flood Control legally binding duty to avoid Order 3206 of June 5, 1997 (American and Water Conservation District, and destruction or adverse modification of Indian Tribal Rights, Federal-Tribal City of Perris, which are not considered critical habitat rests squarely on the Trust Responsibilities, and the small governments. Consequently, we Federal agency. Endangered Species Act), we readily do not believe that the revised critical acknowledge our responsibilities to habitat designation would significantly Civil Justice Reform—Executive Order work directly with Tribes in developing or uniquely affect small government 12988 programs for healthy ecosystems, to acknowledge that tribal lands are not entities. As such, a Small Government In accordance with Executive Order Agency Plan is not required. subject to the same controls as Federal 12988 (Civil Justice Reform), it has been public lands, to remain sensitive to Takings—Executive Order 12630 determined that the rule does not Indian culture, and to make information unduly burden the judicial system and In accordance with E.O. 12630 available to Tribes. that it meets the requirements of (‘‘Government Actions and Interference We determined that there are no tribal sections 3(a) and 3(b)(2) of the Order. with Constitutionally Protected Private lands occupied at the time of listing that We have designated critical habitat in Property Rights’’), we analyzed the contain the features essential to the accordance with the provisions of the potential takings implications of conservation of the species, nor are Act. This rule uses standard property designating revised critical habitat for there any unoccupied tribal lands that descriptions and identifies the PCEs Brodiaea filifolia in a takings are essential for the conservation of within the designated areas to assist the implications assessment. Critical habitat Brodiaea filifolia. Therefore, critical public in understanding the habitat designation does not affect landowner habitat for B. filifolia is not being needs of Brodiaea filifolia. actions that do not require Federal designated on tribal lands. funding or permits, nor does it preclude Paperwork Reduction Act of 1995 (44 Energy Supply, Distribution, or Use— development of habitat conservation U.S.C. 3501 et seq.) Executive Order 13211 programs or issuance of incidental take permits to permit actions that do require This rule does not contain any new E.O. 13211 requires agencies to Federal funding or permits. The collections of information that require prepare Statements of Energy Effects designation of revised critical habitat for approval by OMB under the Paperwork when undertaking certain actions. OMB B. filifolia does not pose significant Reduction Act of 1995 (44 U.S.C. 3501 has provided guidance for takings implications for the above et seq.). This rule will not impose implementing this Executive Order that reasons. recordkeeping or reporting requirements outlines nine outcomes that may on State or local governments, constitute ‘‘a significant adverse effect’’ Federalism—Executive Order 13132 individuals, businesses, or when compared to not taking the In accordance with E.O. 13132 organizations. An agency may not regulatory action under consideration. (Federalism), this rule does not have conduct or sponsor, and a person is not The economic analysis finds that none significant Federalism effects. A required to respond to, a collection of of these criteria are relevant to this Federalism assessment is not required. information unless it displays a analysis. Thus, based on information in In keeping with Department of the currently valid OMB control number. the economic analysis, energy-related

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impacts associated with Brodiaea FOR FURTHER INFORMATION CONTACT Code of Federal Regulations, as set forth filifolia conservation activities within section). below: revised critical habitat are not expected. Author(s) As such, the designation of revised PART 17—[AMENDED] critical habitat for Brodiaea filifolia is The primary author of this notice is ■ not expected to significantly affect the staff from the Carlsbad Fish and 1. The authority citation for part 17 continues to read as follows: energy supplies, distribution, or use. Wildlife Office (see FOR FURTHER Therefore, this action is not a significant INFORMATION CONTACT section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. energy action, and no Statement of 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– List of Subjects in 50 CFR Part 17 Energy Effects is required. 625, 100 Stat. 3500; unless otherwise noted. References Cited Endangered and threatened species, ■ 2. In § 17.12(h), revise the entry for Exports, Imports, Reporting and ‘‘Brodiaea filifolia (thread-leaved A complete list of all references cited recordkeeping requirements, brodiaea)’’ under family Themidaceae to in this rulemaking is available on Transportation. read as follows: http://www.regulations.gov at Docket Regulation Promulgation No. FWS–R8–ES–2009–0073 and upon § 17.12 Endangered and threatened plants. request from the Field Supervisor, Accordingly, we amend part 17, * * * * * Carlsbad Fish and Wildlife Office (see subchapter B of chapter I, title 50 of the (h) * * *

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

******* FLOWERING PLANTS

******* Brodiaea filifolia ...... Thread-leaved U.S.A. (CA) ..... Themidaceae .. T ...... 650 17.96(a) NA brodiaea.

*******

■ 3. Amend § 17.96(a) by: Flores) occurring between the elevations soil structure, not permanently altered ■ a. Removing the entry for ‘‘Brodiaea of 100 and 2,500 ft (30 and 762 m). by anthropogenic land use activities filifolia (thread-leaved brodiaea)’’ under (B) Soils (such as Cieneba-rock (such as deep, repetitive discing, or Family Liliaceae; and outcrop complex and Ramona family- grading), extending out up to 820 ft (250 ■ b. Adding a new entry for ‘‘Brodiaea Typic Xerothents soils) altered by m) from mapped occurrences of filifolia (thread-leaved brodiaea)’’ under hydrothermal activity occurring Brodiaea filifolia to provide for space Family Themidaceae in alphabetic order between the elevations of 1,000 and for individual population growth, and by family name to read as follows: 2,500 ft (305 and 762 m). space for pollinators. (C) Silty loam soil series underlain by § 17.96 Critical habitat—plants. a clay subsoil or caliche that are (3) Critical habitat does not include (a) Flowering plants. generally poorly drained, moderately to manmade structures existing on the * * * * * strongly alkaline, granitic in origin effective date of this rule and not Family Themidaceae: Brodiaea (such as Domino, Grangeville, Traver, containing one or more of the primary filifolia (thread-leaved brodiaea) Waukena, or Willows) occurring constituent elements, such as buildings, (1) Critical habitat units are depicted between the elevations of 600 and 1,800 aqueducts, airports, and roads, and the for Los Angeles, San Bernardino, ft (183 and 549 m). land on which such structures are Riverside, Orange, and San Diego (D) Clay loam soil series (such as located. Counties, California, on the maps below. Murrieta) underlain by heavy clay loams (4) Critical habitat map units. Data (2) Within these areas, the primary or clays derived from olivine basalt lava layers defining map units were created constituent elements (PCE) for Brodiaea flows occurring between the elevations using a base of U.S. Geological Survey filifolia consist of two components: of 1,700 and 2,500 ft (518 and 762 m). 7.5’ quadrangle maps. Critical habitat (i) PCE 1—Appropriate soil series at a (E) Sandy loam soils derived from units were then mapped using Universal range of elevations and in a variety of basalt and granodiorite parent materials; Transverse Mercator (UTM) zone 11, plant communities, specifically: deposits of gravel, cobble, and boulders; North American Datum (NAD) 1983 (A) Clay soil series of various origins or hydrologically fractured, weathered coordinates. (such as Alo, Altamont, Auld, or granite in intermittent streams and Diablo), clay lenses found as unmapped seeps occurring between 1,800 and (5) Note: Index map of critical habitat inclusions in other soils series, or loamy 2,500 ft (549 and 762 m). units for Brodiaea filifolia (thread- soils series underlain by a clay subsoil (ii) PCE 2—Areas with a natural, leaved brodiaea) follows: (such as Fallbrook, Huerhuero, or Las generally intact surface and subsurface BILLING CODE 4310–55–P

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(6) Unit 1: Los Angeles County. From 3779662; 422391, 3779567; 422397, 3779985; thence returning to 422408, USGS 1:24,000 quadrangle map 3779509; 422224, 3779417; 422051, 3779882. Glendora, Los Angeles County, 3779401; 422039, 3779437; 422008, (ii) Subunit 1b: San Dimas. Land California. 3779452; 421977, 3779480; 421925, bounded by the following UTM NAD83 (i) Subunit 1a: Glendora. Land 3779519; 421920, 3779598; 421883, coordinates (E, N): 425325, 3778572; bounded by the following Universal 3779624; 421826, 3779599; 421803, 425359, 3778490; 425367, 3778364; Transverse Mercator (UTM) Zone 11, 3779670; 421860, 3779684; 421896, 425315, 3778234; 425284, 3778164; North American Datum of 1983 3779720; 421919, 3779713; 421945, 425246, 3778076; 425149, 3777990; (NAD83) coordinates (E, N): 422408, 3779727; 421896, 3779760; 421809, 425092, 3777884; 425044, 3777802; 3779882; 422462, 3779764; 422424, 3779730; 421815, 3779760; 421829, 424905, 3777719; 424787, 3777708; 3779771; 422405, 3779809; 422356, 3779825; 421899, 3779920; 422002, 424656, 3777764; 424662, 3777823; 3779811; 422323, 3779723; 422353, 3779999; 422139, 3780025; 422294, 424647, 3777849; 424590, 3777886;

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424590, 3777928; 424597, 3778011; 424961, 3778582; 424985, 3778568; 425066, 3778358; 425087, 3778364; 424571, 3777991; 424529, 3777914; 424985, 3778557; 424964, 3778557; 425112, 3778384; 425097, 3778407; 424515, 3777936; 424506, 3778028; 424936, 3778546; 424928, 3778529; 425089, 3778424; 425098, 3778441; 424518, 3778113; 424537, 3778181; 424953, 3778490; 424979, 3778462; 425095, 3778477; 425095, 3778509; 424582, 3778271; 424644, 3778345; 424990, 3778449; 424984, 3778438; 425067, 3778508; 425052, 3778572; 424667, 3778401; 424676, 3778492; 424930, 3778435; 424896, 3778429; 425058, 3778633; 425038, 3778671; 424719, 3778597; 424795, 3778660; 424896, 3778402; 424908, 3778387; 424916, 3778705; 424914, 3778733; 424826, 3778640; 424843, 3778626; 424931, 3778378; 424945, 3778359; 425001, 3778749; 425169, 3778727; 424851, 3778608; 424889, 3778602; 425004, 3778379; 425004, 3778413; 425271, 3778648; thence returning to 424920, 3778616; 424940, 3778637; 425016, 3778438; 425027, 3778427; 425325, 3778572. 424968, 3778629; 424993, 3778622; 425044, 3778433; 425072, 3778426; (iii) Note: Map of Unit 1, Los Angeles 424973, 3778619; 424951, 3778602; 425076, 3778399; 425064, 3778387; County, follows:

(7) Unit 2: San Bernardino County. San Bernardino North, San Bernardino (i) Arrowhead Hot Springs. Land From USGS 1:24,000 quadrangle map County, California. bounded by the following UTM NAD83

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coordinates (E, N): 475756, 3783146; 475716, 3782905; 475709, 3782895; 475482, 3782592; 475504, 3782635; 475763, 3783104; 475808, 3783104; 475705, 3782874; 475681, 3782844; 475472, 3782646; 475440, 3782672; 475830, 3783096; 475842, 3783067; 475668, 3782829; 475666, 3782807; 475403, 3782667; 475358, 3782674; 475744, 3783060; 475761, 3783023; 475682, 3782791; 475714, 3782768; 475324, 3782715; 475290, 3782821; 475827, 3783025; 475863, 3783021; 475748, 3782753; 475784, 3782755; 475289, 3782917; 475311, 3783037; 475876, 3782965; 475854, 3782962; 475820, 3782787; 475838, 3782735; 475380, 3783142; 475483, 3783208; 475836, 3782958; 475800, 3782956; 475827, 3782707; 475801, 3782677; 475584, 3783230; 475689, 3783208; 475773, 3782962; 475744, 3782971; 475790, 3782677; 475744, 3782680; 475767, 3783164; 475773, 3783155; 475721, 3782983; 475709, 3783006; 475705, 3782677; 475677, 3782696; thence returning to 475756, 3783146. 475684, 3783005; 475682, 3782992; 475654, 3782661; 475660, 3782581; (ii) Note: Map of Unit 2, San 475686, 3782947; 475711, 3782920; 475612, 3782573; 475545, 3782573; Bernardino County, follows:

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(8) Unit 3: Central Orange County. (E, N): 432560, 3711875; 432501, 3711960; thence returning to 432560, From USGS 1:24,000 quadrangle map 3711891; 432471, 3711899; 432436, 3711875. San Juan Capistrano, Orange County, 3711909; 432389, 3711922; 432289, (ii) Note: Map of Unit 3, Central California. 3711950; 432288, 3712146; 432371, Orange County, follows: (i) Aliso Canyon. Land bounded by 3712127; 432467, 3712061; 432539, the following UTM NAD83 coordinates

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(9) Unit 4: Southern Orange County. 3710714; 444688, 3710749; 444620, 3704363; 448423, 3704282; 448272, From USGS 1:24,000 quadrangle map 3710811; 444555, 3710909; 444525, 3704282; 448162, 3704323; 448074, Can˜ ada Gobernadora, Orange County, 3711030; 444549, 3711176; 444622, 3704378; 448026, 3704460; 448012, California. 3711280; 444769, 3711366; 444952, 3704611; 448012, 3704741; 448012, (i) Subunit 4b: Caspers Wilderness 3711370; 445174, 3711382; 445357, 3704830; 448012, 3704912; 447930, Park. Land bounded by the following 3711387; 445494, 3711375; 445509, 3705117; 447800, 3705206; 447704, UTM NAD83 coordinates (E, N): 3711195; 445478, 3710975; 445371, 3705275; 447635, 3705535; 447717, 446657, 3715594; 446679, 3715660; 3710832; 445127, 3710778; thence 3705816; 447724, 3706014; 447635, 446777, 3715754; 446787, 3715756; returning to 444988, 3710736. 3706076; 447505, 3706199; 447444, 446802, 3715670; 446787, 3715650; (iii) Subunit 4g: Cristianitos Canyon. 3706336; 447519, 3706480; 447684, 446749, 3715599; thence returning to Land bounded by the following UTM 446657, 3715594. Continue to 446672, NAD83 coordinates (E, N): 448505, 3706606; 447615, 3706809; 447498, 3715282; 446635, 3715383; 446634, 3704899; 448619, 3704865; 448693, 3707014; 447615, 3707206; 447724, 3715424; 446664, 3715452; 446750, 3704908; 448753, 3704920; 448807, 3707603; 447950, 3707795; 448176, 3715379; 446725, 3715324; thence 3704923; 448869, 3704911; 448913, 3707567; 448204, 3707309; 448128, returning to 446672, 3715282. Continue 3704891; 448985, 3704826; 449023, 3706809; 448073, 3706701; 448057, to 447195, 3715710; 446853, 3715710; 3704752; 449034, 3704695; 449095, 3706368; 448033, 3706154; 448231, 446834, 3715765; 446831, 3715772; 3704664; 449153, 3704605; 449187, 3706001; 448430, 3705877; 448512, 446952, 3715811; 447141, 3715767; 3704527; 449193, 3704439; 449172, 3705802; 448594, 3705631; 448525, thence returning to 447195, 3715710. 3704362; 449116, 3704286; 449051, 3705487; thence returning to 448505, (ii) Subunit 4c: Can˜ ada Gobernadora/ 3704239; 448973, 3704215; 448885, 3704899. Chiquita Ridgeline. Land bounded by 3704225; 448831, 3704215; 448781, (iv) Note: Map of Unit 4, Southern the following UTM NAD83 coordinates 3704219; 448727, 3704235; 448660, Orange County, follows: (E, N): 444988, 3710736; 444822, 3704282; 448631, 3704315; 448603,

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(10) Unit 5: Northern San Diego 465318, 3702168; 465420, 3702168; 464323, 3702888; 464464, 3702990; County. From USGS 1:24,000 465439, 3702023; 465428, 3701850; 464633, 3703049; 464775, 3703026; quadrangle maps Fallbrook and 465333, 3701622; 465239, 3701500; 464885, 3702963; 464948, 3702872; Margarita Peak, San Diego County, 465113, 3701402; 464908, 3701394; 464964, 3702739; 464987, 3702616; California. 464732, 3701504; 464665, 3701669; 465070, 3702463; 465144, 3702322; (i) Subunit 5b: Devil Canyon. Land 464716, 3701889; 464645, 3702050; thence returning to 465203, 3702184. bounded by the following UTM NAD83 464448, 3702235; 464342, 3702416; (ii) Note: Map of Unit 5, Northern San coordinates (E, N): 465203, 3702184; 464248, 3702534; 464228, 3702719; Diego County, follows:

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(11) Unit 6: Oceanside, San Diego 469647, 3673203; 469340, 3673150; 3673350; 468862, 3673358; 468853, County, California. From USGS 1:24,000 469290, 3673280; 469454, 3673280; 3673464; 468852, 3673477; thence quadrangle map San Luis Rey, San 469472, 3673385; 469461, 3673464; returning to 469160, 3673457. Diego County, California. 469459, 3673517; 469775, 3673595; (ii) Subunit 6b: Mesa Drive. Land (i) Subunit 6a: Alta Creek. Land 469819, 3673600; 469861, 3673591; bounded by the following UTM NAD83 bounded by the following UTM NAD83 469965, 3673540; 469936, 3673513; coordinates (E, N): 468915, 3674517; coordinates (E, N): 470033, 3673422; 469941, 3673452; thence returning to 468893, 3674517; 468892, 3674526; 470028, 3673364; 470103, 3673390; 470033, 3673422. Continue to 469160, 468877, 3674541; 468863, 3674561; 470049, 3673279; 469947, 3673268; 3673457; 469299, 3673146; 469251, 468863, 3674587; 468857, 3674609; 469933, 3673297; 469861, 3673292; 3673150; 469207, 3673154; 469101, 468848, 3674625; 468844, 3674648; 469765, 3673271; 469754, 3673290; 3673149; 469028, 3673175; 468994, 468835, 3674670; 468864, 3674678; 469733, 3673288; 469694, 3673241; 3673187; 468917, 3673248; 468862, 468878, 3674689; 468899, 3674707;

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468918, 3674700; thence returning to 471322, 3676525; 471325, 3676497; (iv) Subunit 6d: Taylor/Darwin. Land 468915, 3674517. Continue to 468732, 471325, 3676436; 471323, 3676399; bounded by the following UTM NAD83 3674337; 468733, 3674299; 468680, 471318, 3676384; 471293, 3676426; coordinates (E, N): 475246, 3676994; 3674337; 468641, 3674369; 468652, 471285, 3676401; 471265, 3676381; 475198, 3676860; 474920, 3676914; 3674387; 468664, 3674416; 468674, 471248, 3676356; 471263, 3676342; 474920, 3676911; 474917, 3676900; 3674490; 468682, 3674548; 468687, 471293, 3676341; 471310, 3676341; 474843, 3676895; 474840, 3676895; 3674609; 468687, 3674641; 468711, 471323, 3676329; 471323, 3676322; 474762, 3676777; 474688, 3676855; 3674605; 468736, 3674562; 468736, 471306, 3676295; 471293, 3676269; 474720, 3676903; 474720, 3677197; 3674526; 468736, 3674474; 468739, 471310, 3676248; 471318, 3676235; 474818, 3677296; 474888, 3677325; 3674441; 468749, 3674423; 468750, 471312, 3676210; 471305, 3676181; 474968, 3677352; 474925, 3677213; 3674395; 468750, 3674374; 468743, 471313, 3676166; 471313, 3676151; 474936, 3677192; 474928, 3677106; 3674350; thence returning to 468732, 471313, 3676137; 471301, 3676117; thence returning to 475246, 3676994. 3674337. Continue to 468977, 3674272; 471275, 3676100; 471265, 3676085; (v) Subunit 6e: Arbor Creek/Colucci. 468936, 3674260; 468942, 3674457; 471241, 3676075; 471182, 3676137; Land bounded by the following UTM 469035, 3674460; 469086, 3674475; 471149, 3676188; 471137, 3676205; NAD83 coordinates (E, N): 475917, 469154, 3674504; 469216, 3674523; 471137, 3676236; 471145, 3676267; 3675848; 475854, 3675822; 475695, 469195, 3674471; 469172, 3674417; 471167, 3676279; 471167, 3676346; 3675915; 475579, 3676018; 475583, 469150, 3674383; 469103, 3674339; 471182, 3676354; 471228, 3676354; 3676501; 475701, 3676520; 476070, 469064, 3674311; 469028, 3674288; 471236, 3676386; 471263, 3676413; 3676287; 476071, 3676228; 476380, thence returning to 468977, 3674272. 471280, 3676418; 471288, 3676440; 3676221; 476380, 3675858; 476001, (iii) Subunit 6c: Mission View/Sierra 471253, 3676466; 471234, 3676476; 3675858; thence returning to 475917, Ridge. Land bounded by the following 471226, 3676502; 471216, 3676525; 3675848. UTM NAD83 coordinates (E, N): 471216, 3676540; thence returning to (vi) Note: Map of Unit 6, Oceanside, 471256, 3676540; 471308, 3676525; 471256, 3676540. follows:

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(12) Unit 7: Carlsbad, San Diego 473846, 3666935; 473847, 3666778; 474167, 3666775; 474173, 3666774; County, California. 473848, 3666778; 473849, 3666778; 474160, 3666727; 474159, 3666726; (i) Subunit 7a: Letterbox Canyon. 473850, 3666781; 473860, 3666822; 474159, 3666724; 474155, 3666721; From USGS 1:24,000 quadrangle map 473904, 3666832; 473971, 3666844; 474153, 3666720; 474120, 3666699; San Luis Rey, land bounded by the 473968, 3666840; 473973, 3666838; 474118, 3666698; 474112, 3666694; following UTM NAD83 coordinates (E, 473978, 3666836; 474005, 3666824; 474100, 3666695; 474099, 3666695; N): 473516, 3667072; 473504, 3666941; 474011, 3666821; 474033, 3666818; 474098, 3666695; 474095, 3666695; 473516, 3666839; 473519, 3666765; 474036, 3666817; 474081, 3666811; 474090, 3666695; 474087, 3666695; 473558, 3666762; 473635, 3666758; 474121, 3666781; 474134, 3666779; 474061, 3666696; 473920, 3666753; 473759, 3666758; 473782, 3666785; 474136, 3666779; 474149, 3666777; 473848, 3666694; 473861, 3666635; 473756, 3666880; 473761, 3666926; 474151, 3666777; 474156, 3666777; 473890, 3666593; 473952, 3666506; 473777, 3666940; 473845, 3666935; 474159, 3666776; 474161, 3666776; 473930, 3666483; 473810, 3666500;

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473706, 3666498; 473599, 3666515; 478345, 3665196; 478327, 3665137; 471362, 3670634; 471362, 3670629; 473533, 3666593; 473539, 3666667; 478319, 3665051; 478304, 3665021; 471351, 3670626; 471252, 3670590; 473480, 3666686; 473474, 3666798; 478303, 3664935; 478270, 3664821; 471219, 3670578; 471107, 3670536; 473441, 3666848; 473394, 3666880; thence returning to 478285, 3664797. 471141, 3670460; 471150, 3670442; 473370, 3666918; 473297, 3666974; (iii) Subunit 7c: Calavera Hills Village 471154, 3670434; 471156, 3670431; 473330, 3667034; 473360, 3667013; H. From USGS 1:24,000 quadrangle map 471158, 3670429; 471161, 3670426; 473404, 3667041; 473441, 3667031; San Luis Rey, land bounded by the 471163, 3670423; 471165, 3670421; 473480, 3667085; thence returning to following UTM NAD83 coordinates (E, 471168, 3670418; 471170, 3670416; N): 471354, 3670039; 471355, 3670036; 473516, 3667072. 471172, 3670413; 471174, 3670410; (ii) Subunit 7b: Rancho Carrillo. From 471357, 3670032; 471361, 3670025; 471176, 3670408; 471178, 3670405; USGS 1:24,000 quadrangle maps 471364, 3670018; 471374, 3669997; Rancho Santa Fe and San Marcos, land 471361, 3669999; 471345, 3669999; 471180, 3670402; 471182, 3670399; bounded by the following UTM NAD83 471310, 3670039; 471282, 3670039; 471183, 3670396; 471185, 3670393; coordinates (E, N): 478285, 3664797; 471271, 3670102; 471257, 3670129; 471187, 3670390; 471189, 3670387; 478307, 3664759; 478307, 3664749; 471225, 3670198; 471181, 3670281; 471190, 3670384; 471192, 3670381; 478251, 3664772; 478244, 3664745; 471131, 3670366; 471109, 3670410; 471193, 3670378; 471195, 3670375; 478200, 3664753; 478146, 3664747; 471099, 3670466; 471068, 3670472; 471262, 3670230; 471322, 3670100; 478085, 3664702; 478076, 3664774; 471018, 3670480; 470999, 3670495; 471325, 3670092; 471328, 3670086; 477946, 3664862; 477994, 3664920; 470982, 3670510; 470940, 3670542; 471332, 3670079; 471335, 3670072; 478066, 3664996; 478104, 3665067; 470876, 3670576; 470871, 3670578; 471339, 3670065; 471344, 3670056; 478117, 3665119; 478147, 3665221; 470893, 3670639; 470935, 3670684; 471350, 3670046; thence returning to 478249, 3665297; 478278, 3665368; 471000, 3670729; 471009, 3670731; 471354, 3670039. 478339, 3665400; 478409, 3665501; 471066, 3670749; 471099, 3670749; (iv) Note: Map of Unit 7, Carlsbad, 478419, 3665498; 478419, 3665496; 471119, 3670749; 471188, 3670741; follows: 478419, 3665309; 478383, 3665244; 471258, 3670710; 471348, 3670646;

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(13) Unit 8: San Marcos and Vista. 482324, 3668168; 482336, 3668078; returning to 481816, 3669068. Continue From USGS 1:24,000 quadrangle map thence returning to 482357, 3668036. to 481753, 3668523; 481720, 3668446; San Marcos, San Diego County, Continue to 481816, 3669068; 481771, 481689, 3668496; 481648, 3668562; California. 3669038; 481765, 3669046; 481771, 481604, 3668646; 481714, 3668649; (i) Subunit 8b: Rancho Santalina/ 3669329; 481771, 3669358; 481807, 481723, 3668661; 481756, 3668718; Loma Alta. Land bounded by the 3669373; 481891, 3669418; 481974, 481768, 3668756; 481816, 3668766; following UTM NAD83 coordinates (E, 3669435; 482013, 3669456; 482007, 481831, 3668715; 481819, 3668670; N): 482357, 3668036; 482390, 3667949; 3669432; 481974, 3669373; 481953, 481786, 3668595; thence returning to 482348, 3667946; 482282, 3667946; 3669307; 481921, 3669274; 481879, 481753, 3668523. Continue to 482091, 482244, 3667925; 482220, 3667908; 3669244; 481870, 3669223; 481865, 3669106; 482121, 3668876; 482130, 482187, 3667931; 482127, 3667997; 3669217; 481831, 3669175; 481819, 3668802; 482091, 3668736; 482052, 482157, 3668021; 482235, 3667976; 3669136; 481822, 3669089; thence 3668553; 482214, 3668350; 482258,

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3668281; 482312, 3668281; 482315, 3668323; 481783, 3668329; 481741, 3666376; thence returning to 481372, 3668230; 482258, 3668242; 482253, 3668407; 481828, 3668398; 481852, 3666489. 3668242; 482187, 3668338; 482154, 3668541; 481915, 3668751; 481962, (iii) Subunit 8f: Oleander/San Marcos 3668356; 482091, 3668356; 482091, 3668927; 481974, 3668923; 482046, Elementary. Land bounded by the 3668386; 482097, 3668443; 482052, 3669067; 482062, 3669090; 482076, following UTM NAD83 coordinates (E, 3668502; 481995, 3668562; 482085, 3669110; thence returning to 482091, N): 480307, 3668488; 480280, 3668462; 3668912; 482000, 3668916; 481989, 3669106. 480137, 3668521; 480047, 3668580; (ii) Subunit 8d: Upham. Land 3668917; 481980, 3668918; 481877, 479946, 3668654; 480044, 3668711; bounded by the following UTM NAD83 3668514; 481876, 3668512; 481872, coordinates (E, N): 481849, 3666534; 480087, 3668741; 480190, 3668776; 3668496; 481872, 3668494; 481862, 481819, 3666534; 481462, 3666688; 480226, 3668765; 480210, 3668748; 3668457; 481861, 3668453; 481852, 481594, 3666985; 481973, 3666823; 480149, 3668728; 480117, 3668702; 3668416; 481837, 3668383; 481840, thence returning to 481849, 3666534. 480092, 3668639; 480066, 3668592; 3668353; 481841, 3668350; 481861, Continue to 481372, 3666489; 481677, 480125, 3668556; 480158, 3668554; 3668308; 481933, 3668224; 482085, 3666364; 481689, 3666409; 481719, 480241, 3668547; 480297, 3668531; 3668084; 482064, 3668072; 482046, 3666459; 481804, 3666429; 481801, 480310, 3668511; thence returning to 3668072; 482025, 3668060; 481986, 3666386; 481779, 3666359; 481687, 480307, 3668488. 3668093; 481888, 3668164; 481819, 3666147; 481597, 3666102; 481550, (iv) Note: Map of Unit 8, San Marcos 3668260; 481809, 3668280; 481786, 3666247; 481535, 3666274; 481320, and Vista, follows:

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(14) Unit 11: Western Riverside 488626, 3744907; 488610, 3744902; 488042, 3745450; 488050, 3745454; County, Riverside County, California. 488565, 3744888; 488532, 3744878; 488159, 3745489; 488289, 3745470; (i) Subunit 11a: San Jacinto Wildlife 488500, 3744869; 488441, 3744853; 488336, 3745470; 488438, 3745517; Area. From USGS 1:24,000 quadrangle 488363, 3744831; 488314, 3744794; 488563, 3745603; 488728, 3745658; maps Lakeview and Perris, land 488285, 3744772; 488171, 3744760; 488786, 3745693; 488724, 3745740; bounded by the following UTM NAD83 487999, 3744760; 487873, 3744819; 488677, 3745854; 488669, 3745964; coordinates (E, N): 488983, 3745493; 487818, 3744885; 487811, 3744894; 488692, 3746105; 488739, 3746179; 489065, 3745348; 489100, 3745144; 487796, 3744916; 487773, 3744954; 488783, 3746226; 488785, 3746227; 489088, 3745019; 489008, 3744998; 487767, 3744964; 487765, 3744983; 488803, 3746231; 488885, 3746250; 488955, 3744984; 488940, 3744982; 487756, 3745058; 487756, 3745172; 488990, 3746269; 489131, 3746336; 488834, 3744968; 488827, 3744966; 487783, 3745258; 487846, 3745333; 489273, 3746420; 489374, 3746481; 488803, 3744959; 488696, 3744929; 487948, 3745395; 487978, 3745412; 489511, 3746574; 489547, 3746598;

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489652, 3746637; 489668, 3746643; land bounded by the following UTM 477300, 3733201; 477280, 3733049; 489719, 3746661; 489876, 3746657; NAD83 coordinates (E, N): 481228, 477274, 3733042; 477252, 3733009; 489895, 3746633; 489982, 3746517; 3736775; 480714, 3736203; 480100, 477230, 3732975; 477227, 3732972; 490025, 3746461; 490033, 3746371; 3736631; 480093, 3736652; 480100, 477210, 3732947; 477204, 3732938; 490018, 3746275; 490013, 3746242; 3736807; 480139, 3736897; 481124, 477090, 3732890; 477055, 3732876; 489983, 3746214; 489951, 3746183; 3736908; 481192, 3736854; thence 476892, 3732809; 476888, 3732808; 489637, 3745987; 489425, 3745858; returning to 481228, 3736775. Continue 476755, 3732787; 476694, 3732744; 489198, 3745787; 489096, 3745677; to 480689, 3736146; 480416, 3735873; 476583, 3732650; 476410, 3732510; 488998, 3745634; thence returning to 480258, 3735905; 480121, 3736024; 476367, 3732352; 476342, 3732230; 488983, 3745493. 480082, 3736139; 480100, 3736315; 476335, 3732194; 476265, 3732134; (ii) Subunit 11b: San Jacinto Avenue/ 480172, 3736390; 480157, 3736473; Dawson Road. From USGS 1:24,000 476216, 3732091; thence returning to 480150, 3736548; thence returning to 476192, 3732071. quadrangle map Perris, land bounded by 480689, 3736146. the following UTM NAD83 coordinates (v) Subunit 11e: Upper Salt Creek (E, N): 483682, 3737705; 483570, (iv) Subunit 11d: Railroad Canyon. (Stowe Pool). From USGS 1:24,000 3737705; 483524, 3737712; 483463, From USGS 1:24,000 quadrangle maps quadrangle map Winchester, land 3737755; 483380, 3737824; 483344, Lake Elsinore and Romoland, land bounded by the following UTM NAD83 3737895; 483344, 3737975; 483366, bounded by the following UTM NAD83 coordinates (E, N): 495693, 3731707; 3738075; 483387, 3738129; 483423, coordinates (E, N): 476192, 3732071; 495719, 3731126; 495375, 3730970; 476177, 3732058; 476095, 3732067; 3738183; 483470, 3738269; 483491, 495372, 3731340; 494997, 3731340; 476092, 3732068; 476075, 3732070; 3738345; 483538, 3738434; 483621, 494979, 3731381; 494982, 3731490; 475968, 3732083; 475828, 3732198; 3738506; 483983, 3738506; 484059, 495018, 3731613; 495074, 3731735; 475767, 3732413; 475789, 3732650; 3738445; 484127, 3738348; 484145, 495112, 3731898; 495260, 3732003; 3738186; 484116, 3738104; 484023, 475922, 3732859; 475949, 3732877; 495334, 3732070; 495421, 3732105; 3738021; 483965, 3737949; 483922, 476026, 3732931; 476086, 3732989; 495811, 3732113; thence returning to 3737867; 483865, 3737777; 483789, 476141, 3733042; 476417, 3733214; 495693, 3731707. 3737741; thence returning to 483682, 476590, 3733286; 476816, 3733401; 3737705. 476878, 3733419; 476891, 3733423; (vi) Note: Map of Unit 11, Western (iii) Subunit 11c: Case Road. From 476983, 3733450; 477099, 3733465; Riverside County, Subunits a, b, c, d, USGS 1:24,000 quadrangle map Perris, 477223, 3733446; 477305, 3733326; and e, follows:

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(vii) Subunit 11f: Santa Rosa 3706932; 473672, 3706842; 473581, 3707097; 473785, 3707063; thence Plateau—Mesa de Colorado. From USGS 3706815; 473540, 3706803; 473426, returning to 473758, 3706932. 1:24,000 quadrangle maps Wildomar, 3706843; 473384, 3706858; 473296, (viii) Note: Map of Unit 11, Western land bounded by the following UTM 3706997; 473298, 3707017; 473454, Riverside County, Subunit 11f, follows: NAD83 coordinates (E, N): 473758, 3706981; 473594, 3706853; 473766,

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(15) Unit 12: San Diego County. From 3653460; 485462, 3653486; 485459, 3653466; 485146, 3653323; 485112, USGS 1:24,000 quadrangle map Rancho 3653480; 485448, 3653449; 485448, 3653325; 485086, 3653397; 485086, Santa Fe, San Diego County, California. 3653343; 485448, 3653326; 485448, 3653470; 485096, 3653542; 485114, (i) Artesian Trails. Land bounded by 3653319; 485444, 3653319; 485370, 3653602; 485146, 3653657; 485216, the following UTM NAD83 coordinates 3653319; 485356, 3653325; 485354, 3653715; 485227, 3653725; 485557, (E, N): 485589, 3653612; 485575, 3653500; 485354, 3653526; 485354, 3653721; 485556, 3653713; 485554, 3653542; 485571, 3653524; 485570, 3653577; 485354, 3653610; 485332, 3653696; 485551, 3653660; 485549, 3653490; 485569, 3653489; 485569, 3653612; 485299, 3653597; 485307, 3653645; 485550, 3653644; thence 3653487; 485569, 3653486; 485569, 3653383; 485307, 3653327; 485255, returning to 485589, 3653612. Continue 3653474; 485565, 3653471; 485564, 3653327; 485256, 3653411; 485257, to 485700, 3653157; 485748, 3653150; 3653470; 485563, 3653469; 485543, 3653522; 485169, 3653522; 485164, 485750, 3653151; 485754, 3652943; 3653449; 485537, 3653450; 485493, 3653522; 485146, 3653473; 485144, 485754, 3652911; 485759, 3652710;

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485760, 3652681; 485761, 3652680; 485468, 3653103; 485481, 3653110; 3652710; 485749, 3652807; 485746, 485768, 3652672; 485939, 3652471; 485495, 3653117; 485496, 3653118; 3652807; 485745, 3652820; 485744, 485934, 3652466; 485932, 3652465; 485529, 3653134; 485557, 3653142; 3652822; 485723, 3652822; 485717, 485925, 3652459; 485863, 3652401; 485581, 3653148; 485652, 3653163; 3652810; 485708, 3652806; 485690, 485766, 3652366; 485761, 3652364; thence returning to 485700, 3653157; 3652791; 485679, 3652788; 485671, 485748, 3652359; 485702, 3652364; excluding land bounded by 485555, 3652784; 485670, 3652780; 485665, 485668, 3652395; 485636, 3652403; 3652857; 485555, 3652822; 485572, 3652765; 485663, 3652761; 485649, 485583, 3652399; 485569, 3652394; 3652827; 485610, 3652827; 485613, 3652754; 485648, 3652750; 485635, 485477, 3652439; 485406, 3652509; 3652829; 485651, 3652882; 485667, 3652718; 485629, 3652710. 485400, 3652515; 485324, 3652630; 3652882; 485667, 3652899; 485556, 485319, 3652795; 485346, 3652902; 3652899; 485555, 3652857; and land (ii) Note: Map of Unit 12, San Diego 485396, 3653009; 485458, 3653090; bounded by 485629, 3652710; 485749, County, follows:

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* * * * * Dated: January 25, 2011. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011–2403 Filed 2–7–11; 8:45 am] BILLING CODE 4310–55–C

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