Revised Critical Habitat for Navarretia Fossalis (Spreading Navarretia); Final Rule

Thursday, October 7, 2010

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for Navarretia fossalis (Spreading Navarretia); Final Rule

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DEPARTMENT OF THE INTERIOR of critical habitat for Navarretia fossalis var. wrightii (limestone bugheal or under the Endangered Species Act of Wright’s trichocoronis); N. fossalis and Fish and Wildlife Service 1973 as amended (16 U.S.C. 1531 et T. wrightii are only known to co-occur seq.) (Act), in this final rule. For more in the San Jacinto River (Bramlet 2009, 50 CFR Part 17 information on the taxonomy, biology, p. 7). Suitability of hydrological and ecology of N. fossalis, refer to the conditions for the germination of this [Docket No. FWS–R8–ES–2009–0038] final listing rule published in the species varies on an annual basis; [MO 92210-0-0009] Federal Register (FR) on October 13, therefore, N. fossalis can be RIN 1018–AW22 1998 (63 FR 54975), the final undetectable for a number of years and designation of critical habitat for N. the number of plants varies depending Endangered and Threatened Wildlife fossalis published in the Federal on the timing, duration, and extent of and Plants; Revised Critical Habitat for Register on October 18, 2005 (70 FR ponding (Bramlet 2009, p. 3). For more Navarretia fossalis (Spreading 60658), the proposed revised habitat information, please see the Navarretia) designation of critical habitat published Habitat section in the proposed revised in the Federal Register on June 10, 2009 critical habitat designation published in AGENCY: Fish and Wildlife Service, (74 FR 27588), and the document the Federal Register on June 10, 2009 Interior. announcing the availability of the draft (74 FR 27588). ACTION: Final rule. economic analysis (DEA) published in Areas Needed for Conservation: Core the Federal Register on April 15, 2010 SUMMARY: We, the U.S. Fish and and Satellite Habitat Areas (75 FR 19575). Additionally, Wildlife Service (Service), designate information on this species can be In the proposed revised critical final revised critical habitat for found in the Recovery Plan for the habitat rule (74 FR 27588; June 10, Navarretia fossalis (spreading Vernal Pools of Southern California 2009), we discussed the areas that navarretia) under the Endangered (Recovery Plan) finalized on September represent core habitat areas and satellite Species Act of 1973, as amended. In 3, 1998 (Service 1998). habitat areas for Navarretia fossalis. total, approximately 6,720 acres (ac) During the first public comment period, (2,720 hectares (ha)) of habitat in Los New Information on Subspecies’ one peer reviewer expressed concern Angeles, Riverside, and San Diego Description, Life History, Ecology, regarding our use of the word ‘‘core’’ and Counties, California, fall within the Habitat, and Range the biological connotation of such boundaries of the critical habitat We did not receive any new terminology. The terms ‘‘core habitat designation. This final rule constitutes information pertaining to the area’’ and ‘‘satellite habitat area’’ are an overall increase of approximately description, life history, or ecology of descriptive terms defined for the 6,068 ac (2,456 ha) from the 2005 Navarretia fossalis following the 2009 purpose of this rulemaking and are not critical habitat designation for N. proposed rule to revise critical habitat intended to be synonymous with similar fossalis. (74 FR 27588; June 10, 2009). However, terms used in other documents, or to DATES: This rule becomes effective on the following paragraphs discuss new describe a population distribution. We November 8, 2010. information that we received regarding defined these terms in the proposed the species’ habitat, geographic range revised critical habitat designation ADDRESSES: This final rule and the published in the Federal Register on associated economic analysis are and status, and the areas needed for N. fossalis conservation. June 10, 2009 (74 FR 27588). Core available on the Internet at http:// habitat is defined as areas that contain www.regulations.gov and http:// Habitat the highest concentrations of N. fossalis www.fws.gov/carlsbad/. Comments and Navarretia fossalis habitat was and the largest contiguous blocks of materials received, as well as supporting discussed in detail in the proposed habitat for this species. Satellite areas documentation used in preparing this revised critical habitat rule (74 FR are defined as habitat areas that support final rule are available for public 27588; June 10, 2009). One commenter occurrences that are smaller than those inspection, by appointment, during provided information during the first supported by the ‘‘core habitat areas,’’ normal business hours, at the U.S. Fish public comment period on the proposed but provide the means to significantly and Wildlife Service, Carlsbad Fish and rule, noting several habitat contribute to the recovery of N. fossalis Wildlife Office, 6010 Hidden Valley characteristics they felt we should have (for further discussion of this issue see Road, Suite 101, Carlsbad, CA 92011; discussed (see Comment 15 below); Comment 4 in the Summary of telephone 760–431–9440; facsimile therefore, we are providing additional Comments and Recommendations 760–431–5901. discussion and clarification here. section and our response). For more FOR FURTHER INFORMATION CONTACT: Jim Navarretia fossalis grows in vernal pool information on ‘‘core habitat area’’ and Bartel, Field Supervisor, U.S. Fish and habitat, seasonally flooded alkali vernal ‘‘satellite habitat area,’’ please see the Wildlife Service, Carlsbad Fish and plain habitat (a habitat that includes Areas Needed for Conservation: Core Wildlife Office, 6010 Hidden Valley alkali playa, alkali scrub, alkali vernal and Satellite Habitat Areas section in Road, Suite 101, Carlsbad, CA 92011 pool, and alkali annual grassland the proposed revised critical habitat (telephone 760–431–9440; facsimile communities), and irrigation ditches designation published in the Federal 760–431–5901). If you use a and detention basins (Bramlet 1993a, Register on June 10, 2009 (74 FR 27588). telecommunications device for the deaf pp. 10, 14, 21–23; Ferren and Fiedler (TDD), call the Federal Information 1993, pp. 126–127; Spencer 1997, pp. 8, Previous Federal Actions Relay Service (FIRS) at 800–877–8339. 13). Within alkali annual grasslands, On October 18, 2005 (70 FR 60658), SUPPLEMENTARY INFORMATION: this species is restricted to small vernal we published our final designation of pools or other depressions (Bramlet critical habitat for Navarretia fossalis. Background 2009, p. 3). Researchers have also On December 19, 2007, the Center for It is our intent to discuss only those described ‘‘riverine pools’’ where N. Biological Diversity filed a complaint in topics directly relevant to the fossalis occurs as having unique floristic the U.S. District Court for the Southern development of the revised designation elements, such as Trichocoronis wrightii District of California challenging our

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designation of critical habitat for N. final revised critical habitat designation (3) Improved mapping methodology fossalis and Brodiaea filifolia (Center for to the Federal Register. The proposed to more accurately define critical habitat Biological Diversity v. United States revised critical habitat designation boundaries and better represent areas Fish and Wildlife Service et al., Case No. published in the Federal Register on that contain PCEs; June 10, 2009 (74 FR 27588). 07–CV–02379–W–NLS). This lawsuit (4) Evaluated areas considered for challenged the validity of the Summary of Changes From the exclusion from critical habitat information and reasoning we used to Proposed Revised Rule and the designation under section 4(b)(2) of the exclude areas from the 2005 critical Previous Critical Habitat Designation Act, including identifying whether or habitat designation for N. fossalis. On The areas designated as critical not areas are conserved and managed for July 25, 2008, we reached a settlement habitat in this final rule constitute a the benefit of N. fossalis; agreement in which we agreed to submit revision of the critical habitat for a proposed revised critical habitat (5) Reanalyzed the economic impacts Navarretia fossalis we designated on to identify baseline and incremental designation for N. fossalis to the Federal October 18, 2005 (70 FR 60658). For this Register for publication by May 29, costs associated with critical habitat revised rulemaking process we: designation; and 2009, and a final revised critical habitat (1) Refined the primary constituent designation for publication by May 28, elements (PCEs) to more accurately (6) Added, subtracted, and revised 2010. By order dated January 21, 2010, define the physical and biological areas that do or do not meet the the district court approved a features that are essential to the definition of critical habitat. Table 1 modification to the settlement conservation of N. fossalis; provides an overview of the differences agreement that extends to September 30, (2) Revised criteria to more accurately between critical habitat rules for N. 2010, the deadline for submission of a identify critical habitat; fossalis at the unit level.

TABLE 1. CHANGES BETWEEN THE OCTOBER 18, 2005, CRITICAL HABITAT DESIGNATION; THE JUNE 10, 2009, PROPOSED CRITICAL HABITAT DESIGNATION; THE APRIL 15, 2010, CHANGES TO THE JUNE 10, 2009 PROPOSAL (AVAILABILITY OF THE DEA); AND THIS REVISED CRITICAL HABITAT DESIGNATION.

April 2010 changes Critical habitat unit in October 2005 critical June 2009 proposed to proposed revised September 2010 this final rule County habitat designation revised critical habitat critical habitat revised critical habitat designation designation designation

Unit 1: Los Angeles Los Angeles 326 ac 161 ac 176 ac 176 ac Basin-Orange (132 ha) (65 ha) (71 ha) (71 ha) Management Area

Unit 2: San Diego: San Diego 22 ac 9 ac 9 ac 9 ac Northern Coastal (9 ha) (4 ha) (4 ha) (4 ha) Mesa Management Area

Unit 3: San Diego: San Diego 0 ac 110 ac 108 ac 103 ac Central Coastal (0 ha) (45 ha) (44 ha) (42 ha) Mesa Management Area

Unit 4: San Diego: San Diego 159 ac 206 ac 206 ac 206 ac Inland Management (64 ha) (83 ha) (83 ha) (83 ha) Area

Unit 5: San Diego: San Diego 145 ac 711 ac 753 ac 749 ac Southern Coastal (59 ha) (288 ha) (305 ha) (303 ha) Mesa Management Area

Unit 6: Riverside Riverside 0 ac 5,675 ac 6,356 ac 5,477 ac Management Area (0 ha) (2,297 ha) (2,572 ha) (2,217 ha)

Totals* 652 ac 6,872 ac 7,608 ac 6,720 ac (264 ha) (2,781 ha) (3,079 ha) (2,720 ha) *Values in this table may not sum due to rounding.

In 2005, we designated approximately In response to information received as (2,720 ha) as critical habitat in 6 units 652 ac (264 ha) as critical habitat for public comments on our 2009 proposed with 19 subunits, reflecting exclusion of Navarretia fossalis in 4 units with 10 revised critical habitat, we changed the approximately 871 ac (353 ha) in all or subunits (70 FR 60658; October 18, 2009 proposed revised rule to propose portions of 2 units (3 subunits) based on 2005). In our 2009 proposed revised approximately 7,608 ac (3,079 ha) as consideration of relevant impacts under critical habitat, we proposed critical habitat in 6 units with 23 section 4(b)(2) of the Act. Lands that approximately 6,872 ac (2,781 ha) as subunits (75 FR 19575; April 15, 2010). contain the physical and biological critical habitat in 6 units with 22 In this revised critical habitat rule, we features essential to the conservation of subunits (74 FR 27588; June 10, 2009). are designating approximately 6,720 ac N. fossalis on Marine Corps Air Station

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(MCAS) Miramar and Marine Corps 27588) or the document that made habitat designation for N. fossalis. The Base (MCB) Camp Pendleton are exempt available the DEA (75 FR 19575). Table changes between the 2005 final from this critical habitat designation 2 provides detailed information about designation, the 2009 proposed based on section 4(a)(3)(B) of the Act. differences between the 2005 final revisions, and this final designation are All lands designated as critical habitat critical habitat designation, the 2009 described below. in this revised rule were included in the proposed revised critical habitat 2009 proposed revised rule (74 FR designation, and this revised critical

TABLE 2. A COMPARISON OF THE AREAS IDENTIFIED AS CONTAINING THE PHYSICAL AND BIOLOGICAL FEATURES ESSENTIAL TO THE CONSERVATION OF Navarretia fossalis IN THE 2005 CRITICAL HABITAT DESIGNATION, THE 2009 PROPOSED REVISED CRITICAL HABITAT DESIGNATION, AND THIS REVISED CRITICAL HABITAT DESIGNATION.

2005 Critical Habitat 2009 Proposed Revised Critical 2010 Revised Critical Habitat Designation Habitat Designation Location* Area Containing Area Containing Area Containing Subunit Essential Subunit Essential Subunit Essential Features Features Features

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa 1A 294 ac 1A 129 ac 1A 156 ac (119 ha) (52 ha) (63 ha)

Plum Canyon 1B 32 ac 1B 32 ac 1B 20 ac (13 ha) (13 ha) (8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

MCB Camp 4(a)(3) exemption 67 ac 4(a)(3) exemption 145 ac 4(a)(3) exemption 145 ac Pendleton (27 ha) (59 ha) (59 ha)

Poinsettia Lane 2; partially 22 ac 2 9 ac 2 9 ac Commuter excluded under (9 ha) (4 ha) (4 ha) Station section 4(b)(2)

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley Proposed as — Not proposed — Not proposed — Unit 3, but determined not essential

Santa Fe Valley — — 3A 5 ac Excluded under 5 ac (Crosby (2 ha) section 4(b)(2) (2 ha) Estates)

Carroll Canyon — — 3B 20 ac 3B 18 ac (8 ha) (7 ha)

Nobel Drive — — 3C 37 ac 3C 37 ac (15 ha) (15 ha)

MCAS Miramar 4(a)(3) exemption 61 ac 4(a)(3) exemption 69 ac 4(a)(3) exemption 69 ac (25 ha) (28 ha) (28 ha)

Montgomery Field Excluded under 38 ac 3D 48 ac 3D 48 ac section 4(b)(2) (16 ha) (20 ha) (20 ha)

Unit 4: San Diego: Inland Management Area

San Marcos 4C1 34 ac 4C1 34 ac 4C1 34 ac (Upham) (14 ha) (14 ha) (14 ha)

San Marcos 4C2 32 ac 4C2 32 ac 4C2 32 ac (Universal Boot) (13 ha) (13 ha) (13 ha)

San Marcos (Bent 4D 7 ac 4D 5 ac 4D 5 ac Avenue) (3 ha) (2 ha) (2 ha)

Ramona 4E 86 ac 4E 135 ac 4E 135 ac (35 ha) (55 ha) (55 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

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Sweetwater 5A; partially 89 ac 5A 95 ac 5A 95 ac Vernal Pools excluded under (36 ha) (38 ha) (38 ha) (S1-3) section 4(b)(2) Excluded 74 ac (30 ha)

Otay River Valley Excluded under 57 ac Not proposed, — Not proposed, — (K1 and K2) section 4(b)(2) (23 ha) determined not determined not essential essential

Otay River Valley 5B and excluded 42 ac 5B 24 ac 5B 24 ac (M2) under section (17 ha) (10 ha) (10 ha) 4(b)(2) Excluded 67 ac (27 ha)

Otay Mesa (J26) 5C and excluded 14 ac Not proposed, — 5C*** 42 ac under section (6 ha) determined not (17 ha) 4(b)(2) essential

Arnie’s Point Proposed as — Not proposed — Not proposed — Subunit 5D, but determined not essential

Proctor Valley — — 5F 88 ac 5F 88 ac (R1-2) (36 ha) (36 ha)

Otay Lakes (K3-5) — — 5G 140 ac 5G 140 ac (57 ha) (57 ha)

Western Otay Excluded under 117 ac 5H 143 ac 5H 143 ac Mesa vernal section 4(b)(2) (47 ha) (58ha) (58ha) pool complexes

Eastern Otay Excluded under 277 ac 5I 221 ac 5I 221 ac Mesa vernal section 4(b)(2) (112 ha) (89 ha) (89 ha) pool complexes

Unit 6: Riverside Management Area

San Jacinto River Excluded under 10,774 ac 6A 3,550 ac 6A*** 4,312 ac section 4(b)(2) (4,360 ha) (1,437 ha) (1,745 ha)

Salt Creek Excluded under 2,233 ac 6B 1,054 ac 6B 930 ac Seasonally section 4(b)(2) (904 ha) (427 ha) (376 ha) Flooded Alkali Plain

Wickerd Road Excluded under 275 ac 6C 205 ac 6C*** 235 ac and Scott Road section 4(b)(2) (111 ha) (83 ha) (95 ha) Pools

Skunk Hollow Excluded under 306 ac 6D 158 ac Excluded under 158 ac section 4(b)(2) (124 ha) (64 ha) section 4(b)(2) (64 ha)

Mesa de Burro Excluded under 4,396 ac 6E 708 ac Excluded under 708 ac section 4(b)(2) (1,779 ha) (287 ha) section 4(b)(2) (287 ha)

Total Area — 19,399 ac — 7,086 ac — 7,804 ac Essential for the (7,851 ha) (2,868 ha) (3,158 ha) Conservation of Navarretia fossalis**

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Total Area — 128 ac — 213 ac — 213 ac Exempt Under (52 ha) (86 ha) (86 ha) Section 4(a)(3)**

Total Area — 18,619 ac — 0 ac — 871 ac Excluded Under (7,535 ha) (0 ha) (353 ha) Section 4(b)(2)**

Total Area — 652 ac — N/A — 6,720 ac Designated as (264 ha) (2,720 ha) Critical Habitat for Navarretia fossalis** *This table does not include all locations that are occupied by Navarretia fossalis. It includes only those locations that were designated as critical habitat in 2005 or proposed in 2009 or discussed in this critical habitat rule. **Values in this table may not sum due to rounding. ***Acreage added in 75 FR 19575 (June 10, 2009) revision.

Summary of Changes From the 2005 potential economic effects on small the economic impacts to include Final Designation of Critical Habitat business entities resulting from incremental impacts, and the mapping In the 2005 final rule, we did not implementation of conservation actions methodology for this revised critical designate areas containing essential associated with the proposed revision of habitat designation. For a detailed habitat features if those habitat features critical habitat. The analysis focuses on discussion of the changes between the were already conserved and managed the estimated incremental impacts 2005 critical habitat rule and the 2009 for the benefit of Navarretia fossalis associated with critical habitat proposed revision, please see the because we concluded that the areas did designation. Summary of Changes From Previously not meet the second part of the Of the 652 ac (264 ha) of land Designated Critical Habitat section in definition of critical habitat under included in the 2005 final critical the proposed revised rule (74 FR 27588; section 3(5)(a)(i) of the Act. We have habitat rule, approximately 469 ac (190 June 10, 2009). reconsidered our approach in light of ha) are included in this revised critical In this revised critical habitat subsequent court decisions and have habitat designation. Some areas designation for Navarretia fossalis, decided that areas containing essential designated in 2005 are not designated in comparisons to the 2005 critical habitat habitat features that ‘‘may require’’ this final rule because we used a grid of designation are described below using special management considerations or 2.47–ac (1–ha) cells (100 m grid) to three categories: protection do meet the definition of identify essential habitat in our GIS (1) Areas designated in 2005 and also critical habitat irrespective of whether analysis in 2005. In this revised critical designated in this rule, the habitat features are currently habitat, we identified essential habitat (2) Areas designated in 2005 but not receiving special management or with heads-up digitizing at various designated in this rule, and protection. Current protection or scales using imagery of 1–meter (3) Areas not designated in 2005 that management does not disqualify an area resolution, resulting in a more precise are designated in this rule. from meeting the definition of critical identification. (1) Areas designated in 2005 and also habitat, rather it is a relevant factor to Additionally, we are designating as designated in this rule are found in consider under section 4(b)(2) of the Act critical habitat 6,251 ac (2,530 ha) of Subunits 1A, 1B, 2, 4C1, 4C2, 4D, 4E, when we weigh the benefits of land identified as meeting the definition 5A, 5B, and 5C. We analyzed each of including a particular area in critical of critical habitat that were not these areas and determined these areas habitat against the benefits of excluding designated in 2005. The primary reason are not conserved and managed for the the area. In this rule we identified revised designated critical habitat is benefit of Navarretia fossalis and the essential areas that are conserved and greater than the 2005 designated area is benefits of inclusion outweigh the managed for the benefit of the species, that we included several areas that were benefits of exclusion. determined they meet the definition of excluded from the 2005 critical habitat (2) Areas designated in 2005 but not critical habitat, and then analyzed designation under section 4(b)(2) of the designated in this rule include land in whether the benefits of exclusion from Act. A summary of specific changes Subunits 1A, 1B, 2, 4D, 5A, and 5B as critical habitat designation outweigh the from the 2005 critical habitat described in the 2005 designation. The benefits of including these areas under designation is provided below. In difference of these subunits between the section 4(b)(2) of the Act. addition to revisions to specific previous rule and this final rule is This rule also uses a new economic subunits, we also revised the PCEs, the mostly due to our discontinued use of analysis to identify and estimate the criteria used to identify critical habitat, a 100–m grid to map critical habitat,

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which captured areas that we determined the benefits of inclusion exclusion for 5,477 ac (2,217 ha) of determined in this rule did not meet the outweigh the benefits of exclusion for lands owned by or under the definition of critical habitat. all of the lands covered by the Carlsbad jurisdiction of the permittees of the Additionally, the difference in Subunit HMP because these lands are not both Western Riverside County MSHCP. As a 1B was due to more precise Navarretia conserved and managed for the benefit result, we excluded approximately 866 fossalis habitat location data in the of Navarretia fossalis. However, we ac (351 ha) of these lands under section vicinity of Plum Canyon. recognize the efforts made by permittees 4(b)(2) of the Act, and included (3) Areas not designated in 2005 that of the Carlsbad HMP to assist in the approximately 5,477 ac (2,217 ha) are designated in this rule include areas conservation of N. fossalis and other within the revised critical habitat within Subunits 1B, 3B, 3C, 3D, 4D, 4E, listed species. We look forward to designation. For a complete discussion 5A, 5B, 5F, 5G, 5H, 5I, 6A, 6B, and 6C, continuing to work with these partners of the benefits of inclusion and and part of 5C. Some of these subunits to assure that long-term conservation exclusion for all lands within the meet the definition of critical habitat and management is assured for N. Western Riverside County MSHCP, see based on new information. Subunits 1B, fossalis. See the Exclusions section the Application of Section 4(b)(2) of the 4D, 4E, and 5B include new areas due below for a summary evaluation of Act section below. to mapping refinements made to better lands considered for exclusion under capture local watersheds. Subunits 3B, the Carlsbad HMP and our rationale for Critical Habitat 3D, 5F, 5G, 5H, and 5I include vernal including these lands in this revised Background pool complexes that provide habitat for critical habitat designation. Navarretia fossalis that were not (2) In the proposed revised rule, we Critical habitat is defined in section 3 included in the 2005 final rule, but meet considered lands proposed as critical of the Act as: the definition of critical habitat for this habitat within the County of San Diego (i) The specific areas within the species (see the 2009 proposed rule for Subarea Plan under the San Diego geographical area occupied by the details (74 FR 27588; June 10, 2009)). Multiple Species Conservation Program species, at the time it is listed in Other subunits have been designated (MSCP; County of San Diego Subarea accordance with the Act, on which are based on our determination under Plan) for exclusion under section 4(b)(2) found those physical or biological section 4(b)(2) of the Act that the of the Act. In this revised rule, we features benefits of inclusion outweigh the determined the benefits of exclusion (I) essential to the conservation of the benefits of exclusion of these areas outweigh the benefits of inclusion for a species and because they are not currently portion (5 ac (2 ha) in Subunit 3A) of (II) which may require special conserved and managed for the benefit lands under the County of San Diego management considerations or of N. fossalis. All or portions of Subarea Plan that are both conserved protection; and Subunits 3D, 5A, 5B, 5H, 5I, 6A, and 6C and managed for the benefit of (ii) specific areas outside the are the same as areas that met the Navarretia fossalis, and determined geographical area occupied by the definition of critical habitat in 2005, but exclusion of these lands will not result species at the time it is listed, upon a were excluded from the 2005 in extinction of the species. However, determination that such areas are designation under section 4(b)(2) of the we determined the benefits of inclusion essential for the conservation of the Act. The only areas excluded from outweigh the benefits of exclusion for species. critical habitat in the current rule under 81 ac (33 ha) of lands within the County Conservation, as defined under section 4(b)(2) of the Act are those that of San Diego Subarea Plan. As a result, section 3 of the Act, means the use of are conserved and managed for the we excluded approximately 5 ac (2 ha) all methods and procedures that are benefit of N. fossalis, and where the of these lands under section 4(b)(2) of necessary to bring any endangered or exclusion would not result in extinction the Act, and included approximately 81 threatened species to the point at which of the species (see the Application of ac (33 ha) within the revised critical the measures provided under the Act Section 4(b)(2) of the Act section of this habitat designation. For a complete are no longer necessary. Such methods rule). discussion of the benefits of inclusion and procedures include, but are not and exclusion for all lands within the limited to, all activities associated with Summary of Changes From the 2009 County of San Diego Subarea Plan, see scientific resources management such as Proposed Rule To Revise Critical the Application of Section 4(b)(2) of the research, census, law enforcement, Habitat Act section below. habitat acquisition and maintenance, We evaluated lands considered for (3) In the proposed revised rule, we propagation, live trapping, exclusion under section 4(b)(2) of the considered for exclusion under section transplantation, and in the Act to determine if the benefits of 4(b)(2) of the Act lands owned by or extraordinary case where population exclusion outweigh the benefits of under the jurisdiction of the permittees pressures within a given ecosystem inclusion. We excluded 871 ac (353 ha) of the Western Riverside County cannot otherwise be relieved, regulated of lands under section 4(b)(2) of the Act Multiple Species Habitat Conservation taking. that are conserved and managed for the Plan (Western Riverside County Critical habitat receives protection benefit of Navarretia fossalis We MSHCP). In this revised rule, we under section 7 of the Act through the excluded certain lands under two determined the benefits of exclusion prohibition against Federal agencies habitat conservation plans (HCPs), outweigh the benefits of inclusion for carrying out, funding, or authorizing the summarized below and discussed in 866 ac (351 ha) of the lands owned by destruction or adverse modification of detail in the Exclusions section. or under the jurisdiction of the critical habitat. Section 7(a)(2) of the Act (1) In the proposed revised rule, we permittees of the Western Riverside requires consultation on Federal actions considered for exclusion under section County MSHCP that are conserved and that may affect critical habitat. The 4(b)(2) of the Act lands covered by the managed (Subunits 6D and 6E), and designation of critical habitat does not Carlsbad Habitat Management Plan determined exclusion of these lands affect land ownership or establish a (Carlsbad HMP) under the San Diego will not result in extinction of the refuge, wilderness, reserve, preserve, or Multiple Habitat Conservation Program species. We determined the benefits of other conservation area. Such (MHCP). In this revised rule, we inclusion outweigh the benefits of designation does not allow the

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government or public to access private recommendations to designate critical nonnative species that impact the lands. Such designation does not habitat. quality of habitat for this species; or (3) require implementation of restoration, When determining which areas drier conditions may result in increased recovery, or enhancement measures by should be designated as critical habitat, fire frequency, making the ecosystems non-Federal landowners. Where a our primary source of information is in which N. fossalis currently grows landowner seeks or requests Federal generally the information developed more vulnerable to the threats of agency funding or authorization for an during the listing process for the subsequent erosion and nonnative plant action that may affect a listed species or species. Additional information sources invasion. critical habitat, the consultation may include the recovery plan for the At this time, we are unable to identify requirements of section 7(a)(2) of the species, articles in peer-reviewed the specific ways that climate change Act would apply, but in the event of a journals, conservation plans developed may impact Navarretia fossalis; destruction or adverse modification by States and counties, scientific status therefore, we are unable to determine if finding, the Federal action agency’s and surveys and studies, biological any additional areas may be appropriate the applicant’s obligation is not to assessments, or other unpublished to include in this final critical habitat restore or recover the species, but to materials and expert opinion or rule to address the effects of climate implement reasonable and prudent personal knowledge. change. Additionally, we recognize that alternatives to avoid destruction or Habitat is often dynamic, and species critical habitat designated at a particular adverse modification of critical habitat. may move from one area to another over point in time may not include all of the For inclusion in a critical habitat time. Climate change will be a particular habitat areas that we may later designation, the habitat within the challenge for biodiversity because the determine are necessary for the recovery geographical area occupied by the interaction of additional stressors of the species. For these reasons, a associated with climate change and species at the time it was listed must critical habitat designation does not current stressors may push species contain the physical and biological signal that habitat outside the beyond their ability to survive (Lovejoy features essential to the conservation of designated area is unimportant or may 2005, pp. 325–326). The synergistic the species, and be included if those not be required for recovery of the implications of climate change and features may require special species. habitat fragmentation are the most Areas that are important to the management considerations or threatening facet of climate change for conservation of the species, but are protection. Critical habitat designations biodiversity (Hannah et al. 2005, p.4). outside the critical habitat designation, identify, to the extent known using the Current climate change predictions for will continue to be subject to best scientific and commercial data terrestrial areas in the Northern conservation actions we implement available, habitat areas that provide Hemisphere indicate warmer air under section 7(a)(1) of the Act. Areas essential life cycle needs of the species temperatures, more intense that support populations are also subject (areas on which are found the physical precipitation events, and increased to the regulatory protections afforded by and biological features laid out in the summer continental drying (Field et al. the section 7(a)(2) jeopardy standard, as appropriate quantity and spatial 1999, pp. 1–3; Hayhoe et al. 2004, p. determined on the basis of the best arrangement for the conservation of the 12422; Cayan et al. 2005, p. 6; available scientific and commercial species). Under the Act and regulations Intergovernmental Panel on Climate information at the time of the agency at 50 CFR 424.12, we can designate Change (IPCC) 2007, p. 1181). Climate action. Federally funded or permitted critical habitat in areas outside the change may also affect the duration and projects affecting listed species outside geographical area occupied by the frequency of drought and these climatic their designated critical habitat areas species at the time it is listed only when changes may even more dramatic and may still result in jeopardy findings in we determine that those areas are intense (Graham 1997). Documentation some cases. Similarly, critical habitat essential for the conservation of the of climate-related changes that have designations made on the basis of the species and that designation limited to already occurred in California (Croke et best available information at the time of the geographical area occupied at the al. 1998, pp. 2128, 2130; Brashears et al. designation will not control the time of listing would be inadequate to 2005, p. 15144), and future drought direction and substance of future ensure the conservation of the species. predictions for California (such as Field recovery plans, HCPs, or other species Section 4 of the Act requires that we et al. 1999, pp. 8–10; Lenihen et al. conservation planning efforts if new designate critical habitat on the basis of 2003, p. 1667; Hayhoe et al. 2004, p. information available at the time of the best scientific and commercial data 12422; Brashears et al. 2005, p. 15144; these planning efforts calls for a available. Further, our Policy on Seager et al. 2007, p. 1181) and North different outcome. Information Standards Under the America (IPCC 2007, p. 9) indicate Endangered Species Act (published in prolonged drought and other climate- Physical and Biological Features the Federal Register on July 1, 1994 (59 related changes will continue in the In accordance with section 3(5)(A)(i) FR 34271)), the Information Quality Act foreseeable future. and 4(b)(1)(A) of the Act and regulations (section 515 of the Treasury and General We anticipate these changes could at 50 CFR 424.12, in determining which Government Appropriations Act for affect a number of native plants, areas within the geographical area Fiscal Year 2001 (Pub. L. 106–554; H.R. including Navarretia fossalis occupied by the species at the time of 5658)), and our associated Information occurrences and habitat. If the amount listing to designate as critical habitat, Quality Guidelines provide criteria, and timing of precipitation or the we consider the physical and biological establish procedures, and provide average temperature increases in features essential to the conservation of guidance to ensure that our decisions southern California, the long term the species and which may require are based on the best scientific data viability of N. fossalis may be affected special management considerations or available. They require our biologists, to in several ways, including the protection. These include, but are not the extent consistent with the Act and following: (1) Drier conditions may limited to: with the use of the best scientific data result in a lower germination rate and (1) Space for individual and available, to use primary and original smaller population sizes; (2) a shift in population growth and for normal sources of information as the basis for the timing of annual rainfall may favor behavior;

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(2) Food, water, air, light, minerals, or 1993, p. 847; California Natural Water ponds in vernal pools in part due other nutritional or physiological Diversity Database (CNDDB) 2008, pp. to an underlying impervious soil layer requirements; 1–44), and primarily associated with (hard pan or clay pan). Navarretia (3) Cover or shelter; vernal pools and seasonally flooded fossalis can also occur in ditches and (4) Sites for breeding, reproduction, or alkali vernal plain habitats (Moran 1977, other artificial depressions associated rearing (or development) of offspring; pp. 155–156; Bramlet 1993a, p. 10; Day with degraded vernal pool habitat and 1993, p. 847; Ferren and Fiedler 1993, (Moran 1977, p. 155). (5) Habitats that are protected from pp. 126–127). In Los Angeles County, N. Seasonally flooded alkali vernal plain disturbance or are representative of the fossalis is known to occur in vernal habitat includes alkali playa, alkali historic, geographical, and ecological pools on Cruzan Mesa and the scrub, alkali vernal pool, and alkali distributions of a species. associated drainage of Plum Canyon annual grassland vegetation types. The We consider the specific physical and (such as CNDDB 2008, Element hydrologic regime for this habitat biological features essential to the Occurrence (EO) 31, 32, and 41). In involves sporadic seasonal flooding (as conservation of the species and laid out Riverside County, N. fossalis is known described above) combined with slow in the appropriate quantity and spatial to occur in large vernal pools with drainage of the alkaline soils. Large- arrangement for the conservation of the basins that range in size from 0.5 ac (0.2 scale inundation of flood plains occur species. We derive those specific ha) to 10.0 ac (4.0 ha) (such as CNDDB approximately every 20 to 50 years, essential physical and biological 2008, EO 42, 43, and 44), and in which is necessary for long-term features for Navarretia fossalis from the temporary wetlands that are described maintenance of the habitat by removing biological needs of this species as as seasonally flooded alkali vernal plain scrub vegetation (Roberts 2004, p. 4). described in the Critical Habitat section habitat along the San Jacinto River and During a typical seasonal flooding cycle of the proposed rule to designate critical near Salt Creek/Stowe Pool in Hemet dry period, alkali scrub vegetation habitat for N. fossalis published in the (such as CNDDB 2008, EO 22, 23, and expands its distribution into the Federal Register on June 10, 2009 (74 24). In San Diego County, N. fossalis is seasonally flooded areas of alkali vernal FR 27588). found in vernal pools that are smaller plains habitat and crowds out the The area designated as final revised than those in Riverside County, ranging species associated more with ephemeral critical habitat consists of ephemeral in size from 0.01 ac (0.005 ha) to 0.2 ac wetlands. During a large-scale flood, wetland habitat for the reproduction (0.09 ha) and are often found in clusters standing and slow-draining waters and growth of Navarretia fossalis, of several vernal pools typically referred remain for weeks or months and kill intermixed wetland and upland habitats to as vernal pool complexes (such as alkali scrub vegetation, resulting in that comprise the local watershed to CNDDB 2008, EO 4, 14, and 19). In favorable conditions for annual support ephemeral wetland habitat, and Mexico, N. fossalis is known from fewer ephemeral wetland-associated species the topography and soils required for than 12 occurrences, most of which are (such as Navarretia fossalis) to expand ponding during winter and spring clustered in three areas of Baja their range (Bramlet 2004, p. 8; Roberts months. The methods of dispersal and California: along the international 2004, p. 4). Although uncommon, large- pollination for N. fossalis are not well border, on the plateaus south of the Rio scale flooding events maintain N. understood; therefore, elements Guadalupe, and on the San Quintin fossalis habitat and likely provide a required for these processes may not be coastal plain (Moran 1977, p. 156). species dispersal mechanism (Bramlet geographically captured by this revised 2009, p. 3). Seasonally flooded alkali critical habitat designation. Likewise, Ephemeral Wetland Habitat vernal plain can also persist in lightly delineating larger watershed areas that Despite variation in the types of to moderately disturbed habitat that support ephemeral wetland habitat may habitat where Navarretia fossalis is may obscure or suppress expression of require hydrological data and modeling found (i.e., vernal pool habitat and PCEs, especially when disturbance that are not available; therefore, areas seasonally flooded alkali vernal plain consists of soil amendments or dryland beyond the local watershed are not habitat), these ephemeral wetlands all farming activities (Roberts 2009, p. 2). included in this revised critical habitat share the same temporary nature (i.e., designation. The physical and biological areas fill with water during the winter Subsurface Water Flow That Creates A features essential to the conservation of and spring and dry completely during Local Watershed of Intermixed Wetland and Upland Habitats N. fossalis are derived from studies of summer and fall). Navarretia fossalis this species’ habitat, ecology, and life depends on both the inundation and Vernal pools within a complex are history as described below, in the drying of its habitat for survival. This hydrologically connected by subsurface Background section of the proposed type of ephemerally wet habitat water, which creates a landscape that is revised critical habitat designation excludes upland plants that live in a dry intermixed with wetland and upland published in the Federal Register on environment year round, or wetland habitats. This entire area comprises a June 10, 2009 (74 FR 27588), the critical plants that require year-round moisture local watershed and provides the habitat designation published in the to become established (Keeler-Wolf et appropriate physical and biological Federal Register on October 18, 2005 al. 1998). features necessary to maintain vernal (70 FR 60658), and the final listing rule Navarretia fossalis primarily occurs in pools within each complex. Seasonally published in the Federal Register on ephemeral wetland habitat, more flooded alkali vernal plain habitats are October 13, 1998 (63 FR 54975). specifically, vernal pool and seasonally also hydrologically connected by flooded alkali vernal plain habitat flowing water when it flows over the Habitats That Are Representative of the (Moran 1977, pp. 156–157; Bramlet surface from one vernal pool to another Historical, Geographical, and Ecological 1993a, p. 10; Bramlet 1993b, p. 14; Day or across the seasonally flooded alkali Distribution of Navarretia fossalis 1993, p. 847). Vernal pools form during vernal plain. Due to an impervious hard Navarretia fossalis is restricted to the winter rains in depressions that are pan, water flows and collects below ephemeral wetlands in southern part of a gently sloping and undulating ground as the soil becomes saturated. California and northwestern Baja landscape, where soil mounds are Movement of the water through vernal California, Mexico (Moran 1977, pp. interspersed with basins (mima-mound pool and seasonally flooded alkali 155–156; Oberbauer 1992, p. 7; Day topography; Cox 1984, pp. 1397–1398). vernal plain systems results in pools

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filling and holding water continuously the physical and biological features arrangement of the PCEs sufficient to for a number of days (Hanes et al. 1990, essential to the conservation of support the life-history functions of the p. 51). For this reason, these ephemeral Navarretia fossalis. The physical and species. For Navarretia fossalis, the size wetlands are best described from a biological features are the primary of the ephemeral wetland habitat can watershed perspective. The local constituent elements (PCEs) laid out in vary a great deal, but the most important watershed associated with a vernal pool the appropriate quantity and spatial factor (i.e., the appropriate quantity and complex or seasonally flooded alkali arrangement essential to the spatial arrangement of the PCEs) in any vernal plain includes all surfaces in the conservation of the species. Areas of the subunits designated as critical surrounding area from which water designated as critical habitat for N. habitat is that the vernal pool or alkali flows into the complex or plain habitat. fossalis were occupied at the time of playa habitat has intact and functioning Some ephemeral wetlands included in listing (see the Geographic Range and hydrology and intact adjacent upland this rule (such as the San Jacinto River Status section of the proposed revised areas that ensure a functioning and the Salt Creek Seasonally Flooded rule for a more detailed explanation), ecosystem. All units and subunits Alkali Plain) have large watersheds are currently occupied, are within the designated as critical habitat contain the where the overland flow of water species’ historic geographical range, and PCEs in the appropriate quantity and contributes to the ponding that supports contain sufficient PCEs to support N. spatial arrangement essential to the Navarretia fossalis, while other fossalis. conservation of this species and are ephemeral wetlands have comparatively Based on our current knowledge of currently occupied by N. fossalis. small watersheds (such as Carroll the life history, biology, and ecology of Special Management Considerations or Canyon and Nobel Drive) and fill almost Navarretia fossalis, and habitat Protection entirely from direct rainfall (Hanes et al. characteristics required to sustain the 1990, p. 53; Hanes and Stromberg 1998, essential life history functions of the When designating critical habitat, we p. 38). It is also possible that subsurface species, we determined that the PCEs assess whether the areas within the flow occurs within a watershed and specific to N. fossalis are: geographical area occupied by the contributes water to some vernal pools (1) PCE 1—Ephemeral wetland species at the time of listing contain the and seasonally flooded alkali vernal habitat. Vernal pools (up to 10 ac (4 ha)) features that are essential to the plains (Hanes et al. 1990, p. 53; Hanes and seasonally flooded alkali vernal conservation of the species and which and Stromberg 1998, p. 48). In plains that become inundated by winter may require special management summary, N. fossalis depends on an rains and hold water or have saturated considerations or protection. entire local watershed that includes soils for 2 weeks to 6 months during a Researchers estimate that greater than subsurface water flow over an area that year with average rainfall (i.e., years 90 percent of the vernal pool habitat in is comprised of intermixed wetland and where average rainfall amounts for a southern California has been converted upland habitats. particular area are reached during the as a result of past human activities rainy season (between October and (Bauder and McMillian 1998, pp. 56–67; Topography and Soils That Support May)). This period of inundation is long Keeler-Wolf et al. 1998, pp. 10, 60–61, Ponding During Winter and Spring enough to promote germination, 63–64). A detailed discussion of threats Topography and soils support flowering, and seed production for to Navarretia fossalis and its habitat can ponding that occurs during winter and Navarretia fossalis and other native be found in the final listing rule (63 FR spring months. Impervious subsurface species typical of vernal pool and 54975; October 13, 1998), the previous layers combined with flat to gently seasonally flooded alkali vernal plain critical habitat designation (70 FR sloping topography serve to inhibit habitat, but not so long that true 60658; October 18, 2005), and the rapid infiltration of rainwater, resulting wetland species inhabit the areas. Recovery Plan for Vernal Pools of in ponding of vernal pools and (2) PCE 2—Intermixed wetland and Southern California (Service 1998, pp. seasonally flooded alkali vernal plains upland habitats that act as the local 1–113, appendices). The features (Bramlet 1993a, p. 1; Bauder and watershed. Areas characterized by essential to the conservation of N. McMillian 1998, pp. 57–59). Soils also mounds, swales, and depressions within fossalis may require special function to moderate water chemistry a matrix of upland habitat that result in management considerations or and rate of water loss to evaporation intermittently flowing surface and protection to reduce the following (Zedler 1987, pp. 17–30). In Los Angeles subsurface water in swales, drainages, threats: habitat destruction and County, vernal pools that support and pools described in PCE 1. fragmentation from urban and Navarretia fossalis are found on (3) PCE 3—Soils that support ponding agricultural development; pipeline Cieneba-Pismo-Caperton soils (NRCS during winter and spring. Soils found in construction; alteration of hydrology SSURGO, ca676. In western Riverside areas characterized in PCEs 1 and 2 that and floodplain dynamics; excessive County, seasonally flooded alkali vernal have a clay component or other property flooding; channelization; water plain habitats that support N. fossalis that creates an impermeable surface or diversions; off-road vehicle (OHV) are found on Domino, Traver, Waukena, subsurface layer. These soil types activity; trampling by cattle and sheep; Chino, (Bramlet 1993a, pp. 1, 10) (59 FR include, but are not limited to: Cieneba- weed abatement; fire suppression 64812; December 15, 1994) and Willows Pismo-Caperton soils in Los Angeles practices (including discing and soils (Bramlet 2009, p. 4). In San Diego County; Domino, Traver, Waukena, plowing to remove weeds and create fire County, vernal pool habitats that Chino, and Willows soils in Riverside breaks); competition from nonnative support N. fossalis are found on County; and Huerhuero, Placentia, plant species; direct and indirect Huerhuero, Placentia, Olivenhain, Olivenhain, Stockpen, and Redding impacts from some human recreational Stockpen, and Redding soils (NRCS soils in San Diego County. activities (63 FR 54975, October 13, SSURGO, ca073). With this revised designation of 1998; Service 1998, p. 7); and manure critical habitat, we intend to conserve dumping (Roberts 2009, pp. 2–14). Primary Constituent Elements for the physical and biological features In particular, manure dumping on Navarretia Fossalis essential to the conservation of the private property along the San Jacinto Under the Act and its implementing species, through the identification of the River area is impacting habitat within regulations, we are required to identify appropriate quantity and spatial the Western Riverside County MSHCP

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area. These impacts are occurring dynamics of watersheds associated with critical habitat designation, and new despite identification of these areas as N. fossalis occurrences where feasible. information obtained since that important for the survival and recovery These management activities will designation. Table 3 in this rule depicts of Navarretia fossalis and other protect the PCEs for the species by the areas essential for N. fossalis sensitive species (such as Brodiaea reducing soil compaction to help conservation; it does not include all filifolia) addressed in the Western maintain an impermeable surface (PCE locations occupied by N. fossalis. It Riverside County MSHCP. Dumping of 3) that supports ephemeral wetland includes only those locations that were: manure and sewage sludge should be habitat (PCE 1), which is needed to (1) Included in Appendix F or G of avoided in all areas containing promote germination, flowering, and the Recovery Plan; populations of N. fossalis. As outlined seed production for N. fossalis. (2) designated, excluded, or exempt in in the Western Riverside County Additionally, management of critical the 2005 final critical habitat MSHCP, we have been working with habitat lands will help maintain both designation; permittees to implement additional the wetland and upland habitat that acts (3) proposed as critical habitat in the ordinances that will help to control as the local watershed and provides 2009 rule or proposed as critical habitat activities (such as manure dumping) intermittent flowing water on the in the Federal Register notice published that may impact the implementation of surface and subsurface (PCEs 2 and 3). on April 15, 2010 (75 FR 19575); or the Western Riverside County MSHCP Criteria Used To Identify Critical (4) designated, excluded, or exempt in conservation objectives. To date, the Habitat this final revised critical habitat City of Hemet is the only Western designation. Riverside County MSHCP permittee that As required by section 4(b) of the Act, we used the best scientific and The unit names used in this revised has addressed the negative impacts that critical habitat for N. fossalis are based manure dumping has on species such as commercial data available to designate critical habitat. We only designate areas on those used for management areas in N. fossalis and B. filifolia and their the 1998 Recovery Plan. The specific habitat trough the enactment of outside the geographical area occupied by a species when a designation limited changes made to the 2005 final critical Ordinance 1666 (i.e., the ordinance that habitat designation are summarized in prevents manure dumping activities and to its present range would be inadequate to ensure the conservation of the species the Summary of Changes From educates its citizens). We will continue Previously Designated Critical Habitat to work with Riverside County and (50 CFR 424.12 (e)). We are not designating any areas outside the section of this rule. permittees of the Western Riverside geographical area occupied by We analyzed the biology, life history, County MSHCP to address activities that Navarretia fossalis because occupied ecology, and distribution (historical, at may impact the species within this plan areas are sufficient for the conservation the time of listing, and current) of area, as well as other HCPs and plan of the species. Navarretia fossalis. Based on this areas that may have other activities that This revised rule updates our 2005 information, we are designating revised impact N. fossalis and its habitat. final designation of critical habitat for critical habitat in areas within the Special management considerations Navarretia fossalis with the best geographical area occupied by N. or protection are required within critical available scientific information. For fossalis at the time of listing and habitat areas to address these threats. some areas analyzed in 2005, we have currently occupied that contain the Management activities that could new information from survey reports PCEs in the quantity and spatial ameliorate these threats include (but are and public comments that led us to arrangement to support life-history not limited to) fencing Navarretia either add or remove areas from critical functions essential to the conservation fossalis occurrences to prevent soil habitat designation. of the species (see the Geographic compaction and providing signage to This section provides details of the Range and Status section in the discourage encroachment by hikers, process and criteria we used to proposed revised rule (74 FR 27588; cattle, sheep, and OHV activity; control delineate a final revised critical habitat June 10, 2009) for more information). of nonnative plants using methods designation for Navarretia fossalis. This We are not designating any areas shown to be effective; guiding the revised rule is based largely on areas outside the geographical area occupied design of development projects to avoid that are identified as required for the by the species at the time of listing. All impacts to N. fossalis habitat; enacting conservation of N. fossalis in the units and subunits contain the PCEs in local ordinances to prohibit manure Recovery Plan for Vernal Pools of the appropriate quantity and spatial dumping; and restoring and maintaining Southern California (Service 1998, arrangement essential to the natural hydrology and floodplain pp.1–113, appendices), the 2005 final conservation of N. fossalis.

TABLE 3. AREAS NECESSARY FOR Navarretia fossalis CONSERVATION AS DESCRIBED IN THE 1998 RECOVERY PLAN, 2005 FINAL CRITICAL HABITAT DESIGNATION, 2009 PROPOSED REVISED CRITICAL HABITAT DESIGNATION, 2010 REVISIONS PROPOSED IN THE AVAILABILITY OF THE DEA, AND THIS 2010 FINAL REVISED CRITICAL HABITAT DESIGNATION.

Proposed Revised Critical Habitat Subunits (based Location* Recovery Plan Appendix Final Critical Habitat on 2009 proposal and Final Revised Critical Subunits (2005) 2010 availability of the Habitat Subunits (2010) DEA)

Unit 1: Los Angeles Basin-Orange Management Area

Cruzan Mesa F 1A 1A 1A

Plum Canyon N/A 1B 1B 1B

Unit 2: San Diego: Northern Coastal Mesa Management Area

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Stuart Mesa, Marine Corps F 4(a)(3) exemption 4(a)(3) exemption 4(a)(3) exemption Base (MCB) Camp PendletonRecovery plan (RP)** name: Stuart Mesa

Wire Mountain, MCB F — 4(a)(3) exemption 4(a)(3) exemption Camp Pendleton RP name: Wire Mountain

Poinsettia Lane Commuter F 2 (partially excluded under 2 2 Station RP name: JJ 2 section 4(b)(2)) Poinsettia Lane

Unit 3: San Diego: Central Coastal Mesa Management Area

Santa Fe Valley (Crosby N/A — 3A Excluded under section Estates) 4(b)(2)

Carroll Canyon (D 5-8) — — 3B 3B

Nobel Drive (X 5) — — 3C 3C

Large Pool northwest of N/A — 4(a)(3) exemption 4(a)(3) exemption runway, MCAS Miramar

EE1-2, MCAS Miramar RP F 4(a)(3) exemption — — name: EE1-2, Miramar Interior

Kearny Mesa (U 19) N/A 4(a)(3) exemption — —

New Century (BB 2)RP G — — — name: BB 2 New Century

Montgomery Field RP F Excluded under section 3D 3D name: N1-4, 6 4(b)(2) Montgomery Field

Unit 4: San Diego: Inland Management Area

San Marcos (North L G — — — 15)RP name: L 7, 8, 14- 20

San Marcos (Northwest L G — — — 14)RP name: L 7, 8, 14- 20

San Marcos (L 1-6)RP F 4C1 4C1 4C1 name: L 1-6, 9-13 San Marcos

San Marcos (L 9-10)RP F 4C2 4C2 4C2 name: L 1-6, 9-13 San Marcos

San Marcos (L 11-13)RP F 4D 4D 4D name: L 1-6, 9-13 San Marcos

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San Marcos (North L G — — — 15)RP name: L 7, 8, 14- 20

Ramona RP name: F — — — Ramona

Ramona RP name: G 4E 4E 4E Ramona T

Unit 5: San Diego: Southern Coastal Mesa Management Area

Sweetwater Vernal Pools F 5A ( partially excluded 5A 5A (S1-3)RP name: under section 4(b)(2)) Sweetwater Lake

Otay River Valley (M2) — 5B 5B 5B

Otay Mesa (J26)RP name: F 5C 5C 5C J 26 Otay Mesa

Proctor Valley (R1)RP F — 5F 5F name: R Proctor Valley

Otay Reservoir (K3-5)RP F — 5G 5G name: K3-5 Otay River

K1, 2 RP name: K 1, 2, 6, G Excluded under section Does not meet the — 7 Otay River 4(b)(2) definition of Critical Habitat

K 6, 7 RP name: K 1, 2, 6, G — — — 7 Otay River

Western Otay Mesa vernal F / G Excluded under section 5H / 5I 5H / 5I pool complexes RP 4(b)(2) name: J 2, 5, 7, 11-21, 23-30 Otay Mesa / J 3 Otay Mesa

Western Otay Mesa vernal N/A — 5H 5H pool complexes (J 32 (West Otay A + B), J 33 (Sweetwater High School))

Eastern Otay Mesa vernal F / G Excluded under section 5H / 5I 5H / 5I pool complexes RP 4(b)(2) name: 23-30 Otay Mesa / J 22 Otay Mesa

Eastern Otay Mesa vernal — Excluded under section Does not meet the — pool complexes RP 4(b)(2) definition of Critical name: J 19, 27, 28E, Habitat 28W Otay Mesa

RP name: J (undescribed) G — — —

Unit 6: Riverside Management Area

San Jacinto River RP F Excluded under section 6A 6A name: San Jacinto 4(b)(2)

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Salt Creek Seasonally F Excluded under section 6B 6B Flooded Alkali Plain RP 4(b)(2) name: Hemet/ Salt Creek

Wickerd Road and Scott N/A — 6C 6C Road Pools

Skunk Hollow RP name: — Excluded under section 6D Excluded under Section Skunk Hollow 4(b)(2) 4(b)(2)

RP name: Temecula F — — —

Mesa de Burro RP name: F Excluded under section 6E Excluded under Section Santa Rosa Plateau 4(b)(2) 4(b)(2)

Total Areas (out of 39 27 22 28 28 areas listed in this table) *This table does not include all locations occupied by Navarretia fossalis. It includes only those locations included in Appendix F or G of the Recovery Plan (‘‘RP’’ in above table); designated, excluded, or exempt in 2005; proposed as critical habitat in the 2009 rule; proposed as revisions to proposed rule as identified in the document making available the DEA; or designated, excluded, or exempt in this final rule. Note: The alpha-numeric vernal pool labels were applied in the Recovery Plan. **RP name = Name in Recovery Plan, if different from the current rule.

Appendices F and G of the Recovery areas were identified in the 2005 final revised rule, we completed the Plan provide information on the areas rule as essential to the conservation of following steps to delineate critical needed to stabilize (prevent extinction Navarretia fossalis (see Table 3). habitat: of) Navarretia fossalis (Appendix F) and We did not include seven occurrences (1) Compiled all available data on N. the areas that should be conserved and of N. fossalis highlighted in the fossalis into a GIS database; managed to reclassify or recover N. Recovery Plan in the proposed revised (2) Reviewed data to ensure accuracy; fossalis (Appendix G). In Table 3, we critical habitat designation or this final (3) Determined which occurrences summarized the data from the Recovery rule. We do not have detailed were known to occur at the time of Plan. According to this summary, 27 information on these occurrences, and listing; locations were highlighted as areas that N. fossalis has not been observed during (4) Determined which areas are should be conserved and managed to recent surveys at some of these sites. currently occupied; recover N. fossalis. Our 2005 final rule Additionally, we included areas in this (5) Defined the areas containing the to designate critical habitat (70 FR revised critical habitat (based on new features essential to the conservation of 60658; October 18, 2005) used the data) that were not identified as N. fossalis in terms of core habitat areas Recovery Plan as the basis for necessary for recovery in the Recovery and satellite habitat areas; designating critical habitat; however, Plan. While some of the areas are (6) Determined if each occupied area the rule included some additions to and different, non-inclusion of some areas in represents core habitat or satellite subtractions from those areas deemed the Recovery Plan and inclusion of habitat and, therefore, should be essential to the conservation of N. other areas for which we have better designated as critical habitat; and fossalis in the Recovery Plan. Nine areas data will achieve the overall goal of the (7) For both core and satellite habitat that the Recovery Plan identified as Recovery Plan for N. fossalis and areas, mapped the specific locations that necessary for recovery were not provide for conservation of this species. contain the essential physical and identified in the 2005 final rule as In this revised designation of critical biological features (PCEs in the essential to the conservation of N. habitat for Navarretia fossalis, using the appropriate quantity and spatial fossalis, and four areas not in the best scientific and commercial arrangement needed to support life- Recovery Plan were added. These nine information, we selected areas that history functions essential to the areas were sites where we did not have possess those physical and biological conservation of N. fossalis). specific occurrence data or areas where features essential to the conservation of recent surveys had not found N. fossalis. the species, and which may require These steps are described in detail The four areas added to the 2005 final special management considerations or below. rule were locations where occurrence protection. We took into account past (1) We compiled all available data on data indicated that these areas conservation planning for N. fossalis in Navarretia fossalis into a GIS database. contained the features essential to the the Recovery Plan and in the 2005 Data on locations where N. fossalis conservation of N. fossalis. A total of 22 critical habitat designation. For this occurs were based on collections and

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observations made by botanists (both the surveys were conducted in years of environmental variables, the amateur and professional), biological with average rainfall (i.e., years where preservation of which will help consultants, and academic researchers. average rainfall amounts for a particular maintain the genetic diversity of N. We compiled data from the following area are reached during the rainy season fossalis. The satellite habitat areas are sources to create our GIS database for N. between October and May)) and during essential to the conservation of N. fossalis: (a) Data used in the Recovery the appropriate months to find this fossalis because they allow for Plan and in the 2005 final critical species (i.e., March, April, and May); or connections between existing habitat rule for N. fossalis (70 FR (b) the site was significantly disturbed occurrences of the species, and together 60658); (b) the CNDDB data report for N. since the last observation of the species with the core habitat areas, will create fossalis and accompanying GIS records at that location. a sustainable matrix of habitat for N. (CNDDB 2008, pp. 1–44); (c) data (5) We defined the areas necessary for fossalis that will enable it to evolve and presented in the City of San Diego’s conservation of Navarretia fossalis in potentially respond to future Vernal Pool Inventory for 2002–2003 terms of ‘‘core habitat areas’’ and environmental changes. (City of San Diego 2004, pp. 1–125, ‘‘satellite habitat areas.’’ See the Areas Areas of essential habitat that are appendices); (d) the data report for N. Needed for Conservation: Core and smaller than core habitat areas were fossalis from the California Consortium Satellite Habitat Areas section in this selected as satellite habitat areas if of Herbaria and accompanying Berkeley rule for definitions of these areas. Navarretia fossalis persists from year to Mapper GIS records (Consortium of (6) We determined if each occupied year (i.e., areas that may be isolated and California Herbaria 2008, pp. 1–17); (e) area represents core habitat or satellite likely to be genetically unique), and are: the Western Riverside County MSHCP habitat. In the final listing rule (63 FR (a) on the periphery of this species’ species GIS database; and (f) the 54975; October 13, 1998), we stated that geographical distribution; (b) Carlsbad Fish and Wildlife Office’s 60 percent of the known Navarretia geographically isolated from other internal species GIS database, which fossalis occurrences are concentrated in occurrences; or (c) provide connections includes the species data used for the three locations: Otay Mesa in southern between other satellite or core habitat San Diego MSCP and the San Diego San Diego County, along the San Jacinto areas. Additional discussion about MHCP, reports from section 7 River in western Riverside County, and exceptions to the assignment of satellite consultations, and Service observations near Hemet in Riverside County areas is found below in the Critical of N. fossalis (Carlsbad Fish and (referred to as the Salt Creek Seasonally Habitat Units section of this rule. Wildlife Office’s internal species GIS Flooded Alkali Plain in this final critical (7) For the core and satellite habitat database). habitat rule). These three areas represent areas, we mapped the specific areas that (2) We reviewed the Navarretia core habitat for N. fossalis. In addition contain the physical and biological fossalis data that we compiled to ensure to these three core habitat areas, Mesa features (the PCEs) in the quantity and its accuracy. We checked each data de Burro in Riverside County represents spatial arrangement needed to support point in our database to ensure that it core habitat for this species due to the life history functions essential to represented an original collection or large species abundance observed there Navarretia fossalis. We first mapped the observation of N. fossalis. Data that did in 2008, and the large amount of intact ephemeral wetland habitat in the not represent an original collection or vernal pool habitat on this mesa. In occupied area using occurrence data, observation were removed from our total, we identified four core habitat aerial imagery, and 1:24,000 database. We checked each data point to areas for N. fossalis. Large populations topographic maps. We then mapped the ensure that it was mapped in the correct of N. fossalis are currently present in intermixed wetland and upland habitats location. Data points that did not match these four areas, but there have been that make up the local watersheds and the description for the original significant impacts to these areas in the the topography and soils that support collection or observation were form of habitat fragmentation, nonnative the occupied ephemeral wetland remapped in the correct location or plant invasion, agricultural activities, habitat. We identified the gently sloping removed from our database. and unauthorized recreational use. area associated with ephemeral wetland (3) We determined which Navarretia Because these four areas represent large, habitat and any adjacent areas that slope fossalis occurrences existed at the time interconnected ephemeral wetland areas toward and contribute to the hydrology of listing. We concluded that all known and large N. fossalis populations, they of the ephemeral wetland habitat. In occurrences, except for a single are essential to, and will serve as most cases, we delineated the border of occurrence translocated after this anchors for, the overall conservation revised critical habitat around the species was listed, were extant at the effort for this species. Additionally, the occupied ephemeral wetlands and time of listing. We drew this conclusion conservation of these four areas will associated local watershed areas to because N. fossalis has limited dispersal sustain the largest populations of N. follow natural breaks in the terrain such capabilities. We believe the fossalis, allowing the species to persist as ridgelines, mesa edges, and steep documentation of additional where it will be less constrained by the canyon slopes. occurrences after the species was listed threats that negatively impact its When determining the revised critical was due to an increased effort to survey essential habitat features (PCEs). habitat boundaries, we made every for this species. In other words, we do Habitat areas outside the four core effort to map precisely only the areas not believe this species has naturally habitat areas also support stable, intact that contain the PCEs and provide for colonized any new areas since it was occurrences of Navarretia fossalis. the conservation of Navarretia fossalis. listed. These satellite areas represent unique However, due to the mapping scale that (4) We determined which areas are habitat within this species’ range that we use to draft critical habitat currently occupied by Navarretia also contain the PCEs laid out in the boundaries, we cannot guarantee that fossalis. For areas where we had past appropriate quantity and spatial every fraction of revised critical habitat occupancy data for the species, we arrangement essential to the contains the PCEs. Additionally, we assumed the area is currently occupied conservation of the species. The satellite made every attempt to avoid including unless: (a) Two or more rare plant habitat areas occur over a wide range of developed areas such as lands surveys conducted during the past 10 soils and at various elevations that underlying buildings, paved areas, and years did not find N. fossalis (providing include several occurrences over a range other structures that lack PCEs for N.

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fossalis. The scale of the maps we specific actions may affect the species or occupied at the time of listing that prepared under the parameters for PCEs in adjacent critical habitat. contain the primary constituent publication within the Code of Federal Revised Critical Habitat Designation elements in the appropriate quantity Regulations may not reflect the and spatial arrangement (i.e., essential exclusion of such developed areas. Any We are designating 6 units that features) which may require special developed structures and the land under include 19 subunits as critical habitat management considerations or for Navarretia fossalis. Table 4 identifies them inadvertently left inside critical protection. We are not designating any the approximate area of each critical habitat boundaries shown on the maps unoccupied areas or areas outside of the habitat subunit by land ownership. of this revised critical habitat These subunits, which generally species’ historical range because we designation are excluded by text in this correspond to the geographic area of the determined that occupied lands within rule and are not designated as critical subunits delineated in the 2005 the species’ historical range are habitat. Therefore, Federal actions designation, replace the current critical sufficient for the conservation of N. involving these lands would not trigger habitat designation for N. fossalis in 50 fossalis provided that these lands are section 7 consultation with respect to CFR 17.96(a). The critical habitat areas protected or receive special critical habitat and the requirement of we describe below constitute our best management considerations for N. no adverse modification unless the assessment of areas determined to be fossalis.

TABLE 4. AREA AND OWNERSHIP FOR LANDS INCLUDED IN THE Navarretia fossalis REVISED CRITICAL HABITAT DESIGNATION.

Location Federal State Government Local Government Private Total

Unit 1: Los Angeles Basin-Orange Management Area

1A. Cruzan Mesa — — — 156 ac 156 ac (63 ha) (63 ha)

1B. Plum Canyon — — — 20 ac 20 ac (8 ha) (8 ha)

Unit 2: San Diego: Northern Coastal Mesa Management Area

2. Poinsettia Lane — — 6 ac 3 ac 9 ac Commuter Station (3 ha) (1 ha) (4 ha)

Unit 3: San Diego: Central Coastal Mesa Management Area

3B. Carroll Canyon — — 17 ac 1 ac 18 ac (7 ha) (< 1 ha) (7 ha)

3C. Nobel Drive — 37 ac — 37 ac (15 ha) (15 ha)

3D. Montgomery Field — — 48 ac — 48 ac (20 ha) (20 ha)

Unit 4: San Diego: Inland Management Area

4C1. San Marcos — — — 34 ac 34 ac (Upham) (14 ha) (14 ha)

4C2. San Marcos — — 15 ac 17 ac 32 ac (Universal Boot) (6 ha) (7 ha) (13 ha)

4D. San Marcos (Bent — — — 5 ac 5 ac Avenue) (2 ha) (2 ha)

4E. Ramona — — 3 ac 132 ac 135 ac (1 ha) (53 ha) (55 ha)

Unit 5: San Diego: Southern Coastal Mesa Management Area

5A. Sweetwater 23 ac 1 ac 71 ac — 95 ac Vernal Pools (S1-3) (9 ha) (<1 ha) (29 ha) (38 ha)

5B. Otay River Valley — — — 24 ac 24 ac (M2) (10 ha) (10 ha)

5C. Otay Mesa (J26) — 2 ac 24 ac 16 ac 42 ac (1 ha) (10 ha) (7 ha) (17 ha)

5F. Proctor Valley — — 51 ac 37 ac 88 ac (R1-2) (21 ha) (15 ha) (36 ha)

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TABLE 4. AREA AND OWNERSHIP FOR LANDS INCLUDED IN THE Navarretia fossalis REVISED CRITICAL HABITAT DESIGNATION.—Continued

Location Federal State Government Local Government Private Total

5G. Otay Lakes (K3- — — 140 ac — 140 ac 5) (57 ha) (57 ha)

5H. Western Otay — — 41 ac 98 ac 139 ac Mesa vernal pool (17 ha) (40 ha) (56 ha) complexes

5I. Eastern Otay Mesa — — — 221 ac 221 ac vernal pool (89 ha) (89 ha) complexes

Unit 6: Riverside Management Area

6A. San Jacinto River — 1,504 ac — 2,808 ac 4,312 ac (608 ha) (1,136 ha) (1,745 ha)

6B. Salt Creek — — — 930 ac 930 ac Seasonally Flooded (376 ha) (376 ha) Alkali Plain

6C. Wickerd Road — — — 235 ac 235 ac and Scott Road (95 ha) (95 ha) Pools

Total 23 ac 1,507 ac 453 ac 4,737 ac 6,720 ac (9 ha) (610 ha) (183 ha) (1,917 ha) (2,720 ha)* *Values in this table may not sum due to rounding.

Critical Habitat Units likelihood of persistence due to (PCE 1), intermixed wetland and upland Presented below are brief descriptions fragmentation or enclosure by habitats that act as the local watershed of all subunits included in the developed areas. (PCE 2), and the topography and soils that support ponding during winter and Navarretia fossalis revised critical Unit 1: Los Angeles Basin—Orange spring months (PCE 3). The physical habitat designation and reasons why Management Area they meet the definition of critical and biological features essential to the habitat for the species. The units in this Unit 1 is located in northwestern Los conservation of the species in this revised critical habitat correspond to the Angeles County and consists of two subunit may require special management areas described in the 1998 subunits totaling 176 ac (71 ha) of management considerations or Recovery Plan for Vernal Pools of private land. protection to address threats from nonnative plant species and activities Southern California. Each subunit Subunit 1A: Cruzan Mesa contains either: (1) A core habitat area; (such as mowing or grading) that occur or (2) a satellite habitat area that Subunit 1A is located near the City of in the vernal pool basins. Please see the provides connectivity between core Santa Clarita in Los Angeles County. Special Management Considerations or habitat areas or other satellite habitat This subunit is on Cruzan Mesa, Protection section of this rule for a areas. Areas identified as subunits that northwest of Forest Park and the Sierra discussion of the threats to N. fossalis harbor satellite habitat areas were Highway and southwest of Vasquez habitat and potential management identified as containing features Canyon Road. Subunit 1A consists of considerations. essential to the conservation of the 156 ac (63 ha) of private land and meets Subunit 1B: Plum Canyon species (compared to other areas not our selection criteria as satellite habitat. identified as essential habitat) due to a Cruzan Mesa is one of the only areas in Subunit 1B is located near the City of combination of their geographic Los Angeles County that supports mesa- Santa Clarita in Los Angeles County. proximity to core habitat areas, their top vernal pools. As satellite habitat, This subunit is in Plum Canyon, west of status as an area that supports a stable this subunit supports a stable Forest Park and the Sierra Highway and occurrence (representing occurrences occurrence of Navarretia fossalis, north of Plum Canyon Road. Subunit 1B that continue to persist within a given provides potential connectivity with consists of 20 ac (8 ha) of private land geographic area), and the likelihood that Subunit 1B, and likely supports a and meets our selection criteria as these particular habitat areas support genetically distinct occurrence because satellite habitat. As satellite habitat, this genetically unique occurrences. Other of the separation of these two northern subunit supports a stable occurrence of areas not qualifying as satellite areas are occurrences from other occurrences of Navarretia fossalis, provides potential occurrences that are represented by one N. fossalis. This subunit and Subunit 1B connectivity with Subunit 1A, and or more of the following characteristics: (described below) represent the most likely supports a genetically distinct Occurrence consisting of few northern occurrences of this species. occurrence because of the separation of individuals; no detailed information on Subunit 1A contains the physical and these two northern occurrences from occurrence; lack of observations during biological features that are essential to other occurrences of N. fossalis. The recent surveys; locations not identified the conservation of N. fossalis, Plum Canyon vernal pool habitat occurs in the Recovery Plan; or areas have low including ephemeral wetland habitat on a flat area down-slope from the

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vernal pools on Cruzan Mesa. The discussion of the threats to N. fossalis on the south, and Nobel Drive on the vernal pools on Cruzan Mesa (Subunit habitat and potential management northwest. Subunit 3C consists of 37 ac 1A) and Plum Canyon represent the considerations. (15 ha) of land owned by local only habitat for N. fossalis in Los government and meets our selection Unit 3: San Diego—Central Coastal Mesa criteria as satellite habitat because it Angeles County and the most northern Management Area occurrences of this species. Subunit 1B supports a stable occurrence of contains the physical or biological Unit 3 is located in central coastal San Navarretia fossalis and provides features essential to the conservation of Diego County and consists of three potential connectivity between N. fossalis, including ephemeral subunits totaling 103 ac (42 ha). This occurrences in Subunits 3B and 3D. The wetland habitat (PCE 1), intermixed unit contains 102 ac (42 ha) owned by Nobel Drive vernal pool complex wetland and upland habitats that act as State and local governments, and consists of a group of vernal pools on a the local watershed (PCE 2), and the approximately 1 ac (less than 1 ha) of mesa-top north of Rose Canyon. Subunit topography and soils that support private land. 3C contains the physical and biological ponding during winter and spring Subunit 3B: Carroll Canyon features that are essential to the months (PCE 3). The physical and conservation of N. fossalis, including Subunit 3B is located in the City of biological features essential to the ephemeral wetland habitat (PCE 1), San Diego in San Diego County. This conservation of the species in this intermixed wetland and upland habitats subunit is located to the southwest of subunit may require special that act as the local watershed (PCE 2), the intersection of Parkdale Avenue and management considerations or and the topography and soils that Osgood Way, and is loosely bounded by protection to address threats from support ponding during winter and residential development on the north, nonnative plant species within this spring months (PCE 3). The physical open space to the east, and a quarry to and biological features essential to the subunit. Please see the Special the south and west. Subunit 3B consists Management Considerations or conservation of the species in this of approximately 18 ac (7 ha) that subunit may require special Protection section of this rule for a includes 17 ac (7 ha) of land owned by discussion of the threats to N. fossalis management considerations or State or local governments and 1 ac (less protection to address threats from habitat and potential management than 1 ha) of private land. Subunit 3B considerations. nonnative plant species and activities meets our selection criteria as satellite (such as unauthorized recreational use) Unit 2: San Diego—Northern Coastal habitat because it supports a stable that occur in the vernal pool basins. Mesa Management Area occurrence of Navarretia fossalis and Please see the Special Management provides potential connectivity between Poinsettia Lane Commuter Station Considerations or Protection section of occurrences in Subunits 3A and 3C. The this rule for a discussion of the threats Unit 2 is located in the City of Carroll Canyon vernal pool complex to N. fossalis habitat and potential Carlsbad in San Diego County and consists of a group of vernal pools on management considerations. contains 6 ac (3 ha) of land owned by the edge of a mesa north of Carroll the North County Transit District and 3 Canyon. Historically, there may have Subunit 3D: Montgomery Field ac (1 ha) of private land. This unit is been more habitat for this species; Subunit 3D is located in the City of loosely bounded by Avenida Encinas on however, the majority of vernal pool San Diego in San Diego County. This the north, a housing development on the habitat in the vicinity of this subunit subunit is located at Montgomery Field east, Poinsettia Lane on the south, and has been developed. Subunit 3B (airport) to the northeast of the runway train tracks on the west. Unit 2 meets contains the physical and biological area. Subunit 3D consists of 48 ac (20 our selection criteria as satellite habitat features that are essential to the ha) of land owned by the City of San because it supports a stable occurrence conservation of N. fossalis, including Diego and meets our selection criteria as of Navarretia fossalis and provides ephemeral wetland habitat (PCE 1), satellite habitat. As satellite habitat, this potential connectivity between intermixed wetland and upland habitats subunit supports a stable occurrence of occurrences on MCB Camp Pendleton that act as the local watershed (PCE 2), Navarretia fossalis and provides and Subunits 4C1, 4C2, and 4D. The and the topography and soils that potential connectivity with the Poinsettia Lane vernal pool complex support ponding during winter and occurrence in Subunit 3C. The consists of a series of vernal pools that spring months (PCE 3). The physical Montgomery Field vernal pool complex run parallel to a berm created by the and biological features essential to the consists of a large group of vernal pools train tracks. Unit 2 contains the physical conservation of the species in this east of the runway area at Montgomery and biological features that are essential subunit may require special Field, although only the northeastern to the conservation of N. fossalis, management considerations or portion of this vernal pool complex is including ephemeral wetland habitat protection to address threats from being designated as critical habitat (PCE 1), intermixed wetland and upland nonnative plant species and activities because the southeastern portion of this habitats that act as the local watershed (such as trespass or illegal trash vernal pool complex has been (PCE 2), and the topography and soils dumping) that occur in the vernal pool hydrologically disconnected from other that support ponding during winter and basins. Please see the Special vernal pools by past development, is spring months (PCE 3). The physical Management Considerations or now isolated, and does not meet the and biological features essential to the Protection section of this rule for a definition of essential habitat. conservation of the species in this unit discussion of the threats to N. fossalis Navarretia fossalis has not been may require special management habitat and potential management documented in the southeastern portion considerations or protection to address considerations. of this vernal pool complex. Subunit 3D threats from nonnative plant species contains the physical and biological and activities (such as unauthorized Subunit 3C: Nobel Drive features that are essential to the recreational use) that occur in the vernal Subunit 3C is located in the City of conservation of N. fossalis, including pool basins. Please see the Special San Diego in San Diego County. This ephemeral wetland habitat (PCE 1), Management Considerations or subunit is loosely bounded by the 805 intermixed wetland and upland habitats Protection section of this rule for a interstate on the northeast, train tracks that act as the local watershed (PCE 2),

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and the topography and soils that that act as the local watershed (PCE 2), subunits totaling 748 ac (303 ha). This support ponding during winter and and the topography and soils that unit contains 28 ac (11 ha) of federally spring months (PCE 3). The physical support ponding during winter and owned land, 330 ac (134 ha) of land and biological features essential to the spring months (PCE 3). The physical owned by State and local governments, conservation of the species in this and biological features essential to the and 390 ac (158 ha) of private land. subunit may require special conservation of the species in these Subunit 5A: Sweetwater Vernal Pools management considerations or subunits may require special protection to address threats from management considerations or Subunit 5A is located southwest of nonnative plant species that occur in protection to address threats from the Sweetwater Reservoir. This subunit the vernal pool basins. Please see the nonnative plant species and activities is loosely bounded by the Sweetwater Special Management Considerations or (such as commercial development, Reservoir on the north, steeply sloping Protection section of this rule for a trespass, or OHV use) that occur in the topography on the east, State Route 125 discussion of the threats to N. fossalis vernal pool basins. Please see the on the south, and an unnamed drainage habitat and potential management Special Management Considerations or on the west. Subunit 5A consists of considerations. Protection section of this rule for a approximately 95 ac (38 ha) and discussion of the threats to N. fossalis includes 23 ac (9 ha) of Federal land Unit 4: San Diego—Inland Management habitat and potential management that is part of the San Diego National Area considerations. Wildlife Refuge Complex, 1 ac (less than Unit 4 is located within inland San 1ha) of land owned by the State, and 71 Diego County and consists of four Subunit 4E: Ramona ac (29 ha) of land owned by local subunits totaling 206 ac (83 ha). This Subunit 4E is located in the government. This subunit meets our unit contains 18 ac (7 ha) owned by unincorporated community of Ramona. selection criteria as satellite habitat. State and local governments, and 188 ac This subunit is loosely bounded by the This satellite habitat subunit supports a (76 ha) of private land. Ramona Airport and Ramona Airport stable occurrence of Navarretia fossalis Road on the north, Sawday Road on the and provides potential connectivity Subunits 4C1, 4C2, and 4D: San Marcos east, Santa Maria Creek on the south, between occurrences in Subunits 5B Subunits 4C1, 4C2, and 4D are located and a series of rock outcrops on the and 5F. Some of the area occupied by in the City of San Marcos in San Diego west. Subunit 4E consists of N. fossalis was lost during the County. These three subunits consist of approximately 135 ac (55 ha) that construction of State Route 125. The soil three separate vernal pool complexes. includes 3 ac (1 ha) of land owned by from that area was salvaged and is being The first (Subunit 4C1) is loosely State or local governments and 132 ac used to restore other vernal pools in this bounded by La Mirada Drive on the (53 ha) of private land. Subunit 4E subunit. Subunit 5A contains the northeast, Las Posas Road on the meets our selection criteria as satellite physical and biological features that are southeast, Linda Vista Drive on the habitat because it supports a stable essential to the conservation of N. southwest, and South Pacific Street on occurrence of Navarretia fossalis and fossalis, including ephemeral wetland the northwest. The second (Subunit provides potential connectivity with habitat (PCE 1), intermixed wetland and 4C2) is loosely bounded by Linda Vista occurrences in Subunits 4C1, 4C2, and upland habitats that act as the local Drive on the northeast, Las Posas Road 4D. The vernal pools in this subunit watershed (PCE 2), and the topography on the east, West San Marcos Boulevard occur in gently sloping grassland habitat and soils that support ponding during on the south, and South Pacific Street and are at the highest elevation where winter and spring months (PCE 3). The on the west. The third (Subunit 4D) is N. fossalis is known to occur. Subunit physical and biological features loosely bounded by South Bent Avenue 4E contains the physical and biological essential to the conservation of the on the northeast, commercial features that are essential to the species in this subunit may require development on the southeast and conservation of N. fossalis, including special management considerations or southwest, and Linda Vista Drive on the ephemeral wetland habitat (PCE 1), protection to address threats from northwest. Subunit 4C1 consists of 34 ac intermixed wetland and upland habitats nonnative plant species and activities (14 ha) of private land, Subunit 4C2 that act as the local watershed (PCE 2), (such as unauthorized recreational use) consists of 15 ac (6 ha) of land owned and the topography and soils that that occur in the vernal pool basins. by local government and 17 ac (7 ha) of support ponding during winter and Please see the Special Management private land, and Subunit 4D consists of spring months (PCE 3). The physical Considerations or Protection section of 5 ac (2 ha) of private land. These three and biological features essential to the this rule for a discussion of the threats subunits meet our selection criteria as conservation of the species in this to N. fossalis habitat and potential satellite habitat areas because they subunit may require special management considerations. support stable occurrences of Navarretia management considerations or Subunit 5B: Otay River Valley fossalis and provide potential protection to address threats from connectivity between occurrences in nonnative plant species and activities Subunit 5B is located in the City of Unit 2 and Subunit 4E. We grouped (such as agricultural activities or Chula Vista and unincorporated San these vernal pool complexes because of recreational use) that occur in the vernal Diego County. This subunit is loosely the clustered nature of these pool basins. Please see the Special bounded by Olympic Parkway on the occurrences. These subunits have Management Considerations or north, a housing development on the separate subunit numbers to be Protection section of this rule for a east, and a landfill to the southwest. consistent with the numbering discussion of the threats to N. fossalis Subunit 5B consists of 24 ac (10 ha) of identified in the 2005 critical habitat habitat and potential management private land and meets our selection designation. Subunits 4C1, 4C2, and 4D considerations. criteria as satellite habitat because it contain the physical and biological supports a stable occurrence of features that are essential to the Unit 5: San Diego—Southern Coastal Navarretia fossalis and provides conservation of N. fossalis, including Mesa Management Area potential connectivity between ephemeral wetland habitat (PCE 1), Unit 5 is located in southern San occurrences of N. fossalis in Subunits intermixed wetland and upland habitats Diego County and consists of six 5A and 5H. Subunit 5B contains the

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physical and biological features that are meets our selection criteria as satellite nonnative plant species and activities essential to the conservation of N. habitat because it supports a stable (such as unauthorized recreational use) fossalis, including ephemeral wetland occurrence of Navarretia fossalis and that occur in the vernal pool basins. habitat (PCE 1), intermixed wetland and provides potential connectivity between Please see the Special Management upland habitats that act as the local occurrences of N. fossalis in Subunits Considerations or Protection section of watershed (PCE 2), and the topography 5A and 5G. The vernal pools in this this rule for a discussion of the threats and soils that support ponding during subunit occur in Proctor Valley on a flat to N. fossalis habitat and potential winter and spring months (PCE 3). The area that is slightly elevated from the management considerations. physical and biological features stream channel that runs through this Subunit 5H: Western Otay Mesa vernal essential to the conservation of the valley. The vernal pools in this subunit pool complexes species in this subunit may require to the west of Proctor Valley Road are special management considerations or severely impacted by OHV use, but the Subunit 5H is located within the Otay protection to address threats from vernal pools to the east of Proctor Valley Mesa Community planning area of the nonnative plant species and activities road remain relatively intact. Subunit City of San Diego. Subunit 5H consists (such as unauthorized recreational use) 5F contains the physical and biological of approximately 139 ac (56 ha) that that occur in the vernal pool basins. features that are essential to the includes 41 ac (17 ha) of land owned by Please see the Special Management conservation of N. fossalis, including local governments and 98 ac (40 ha) of Considerations or Protection section of ephemeral wetland habitat (PCE 1), private land. Subunit 5H and Subunit 5I this rule for a discussion of the threats intermixed wetland and upland habitats encompass the core habitat on Otay to N. fossalis habitat and potential that act as the local watershed (PCE 2), Mesa. As core habitat, this subunit management considerations. and the topography and soils that contains a large area of habitat that support ponding during winter and supports sizable occurrences of Subunit 5C: Otay Mesa spring months (PCE 3). The physical Navarretia fossalis and provides Subunit 5C is located on the eastern and biological features essential to the potential connectivity between portion of Otay Mesa, directly northwest conservation of the species in this occurrences in Subunits 5G and 5I. This of and adjacent to the George F. Bailey subunit may require special subunit contains several mesa-top Detention Facility at the terminus of management considerations or vernal pool complexes on western Otay Alta Road. Subunit 5C consists of 26 ac protection to address threats from Mesa (Bauder vernal pool complexes J (11 ha) of State and local government- nonnative plant species and activities 2N, J 2S, J 2W, J 4, J 13N, J 13S, J 14, owned land, and 16 ac (7 ha) of private (such as unauthorized recreational use J 33, J 34 as in Appendix D of City of land, and it meets our selection criteria or OHV use) that occur in the vernal San Diego, 2004). Subunit 5H contains as satellite habitat because it supports a pool basins. Please see the Special the physical and biological features that stable occurrence of Navarretia fossalis Management Considerations or are essential to the conservation of N. and provides potential connectivity Protection section of this rule for a fossalis, including ephemeral wetland between occurrences of N. fossalis in discussion of the threats to N. fossalis habitat (PCE 1), intermixed wetland and Subunits 5G and 5I. Subunit 5C habitat and potential management upland habitats that act as the local contains the physical and biological considerations. watershed (PCE 2), and the topography features that are essential to the and soils that support ponding during conservation of N. fossalis, including Subunit 5G: Otay Lakes winter and spring months (PCE 3). The ephemeral wetland habitat (PCE 1), Subunit 5G is located east of the City physical and biological features intermixed wetland and upland habitats of Chula Vista in San Diego County. essential to the conservation of the that act as the local watershed (PCE 2), This subunit is loosely bounded by species in this subunit may require and the topography and soils that Lower Otay Reservoir to the north and special management considerations or support ponding during winter and west and by the slopes of Otay protection to address threats from spring months (PCE 3). The physical Mountain to the southeast. Subunit 5G nonnative plant species and activities and biological features essential to the consists of 140 ac (57 ha) of land owned (such as unauthorized recreational use conservation of the species in this by State or local governments and meets or residential and commercial subunit may require special our selection criteria as satellite habitat development) that occur in the vernal management considerations or because this location supports a stable pool basins. Please see the Special protection to address threats from occurrence of Navarretia fossalis and Management Considerations or nonnative plant species and activities provides potential connectivity between Protection section of this rule for a (such as unauthorized recreational use) occurrences of N. fossalis in Subunits discussion of the threats to N. fossalis that occur in the vernal pool basins. 5F and 5I. The vernal pool complexes in habitat and potential management Please see the Special Management this subunit are located on the flat areas considerations. Considerations or Protection section of to the south of Lower Otay Reservoir. Subunit 5I: Eastern Otay Mesa vernal this rule for a discussion of the threats Subunit 5G contains the physical and pool complexes to N. fossalis habitat and potential biological features that are essential to management considerations. the conservation of N. fossalis, Subunit 5I is located in the City of including ephemeral wetland habitat San Diego. This subunit contains several Subunit 5F: Proctor Valley (PCE 1), intermixed wetland and upland mesa top vernal pool complexes on Subunit 5F is located between the habitats that act as the local watershed eastern Otay Mesa. Subunit 5I consists unincorporated communities of Eastlake (PCE 2), and the topography and soils of 221 ac (89 ha) of private land. and Jamul in San Diego County. This that support ponding during winter and Subunit 5I and Subunit 5H encompass subunit is located along Proctor Valley spring months (PCE 3). The physical the core habitat on Otay Mesa. As core Road in Proctor Valley. Subunit 5F and biological features essential to the habitat, Subunit 5I contains a large area consists of approximately 88 ac (36 ha) conservation of the species in this of habitat that supports sizable and includes 51 ac (21 ha) of land subunit may require special occurrences of Navarretia fossalis and owned by the City of San Diego and 37 management considerations or provides potential connectivity between ac (15 ha) of private land. Subunit 5F protection to address threats from occurrences in Subunits 5B and 5H.

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This subunit contains several mesa-top physical and biological features Road on the south, and Menifee Road on vernal pool complexes on eastern Otay essential to the conservation of the the west. Subunit 6C consists of 235 ac Mesa (Bauder vernal pool complexes J species in this subunit may require (95 ha) of private land. This subunit 22, J 29, J 30, J 31N, J 31S as in special management considerations or meets our selection criteria as satellite Appendix D of City of San Diego, 2004 protection to address threats from habitat because this location supports a and Service GIS). Subunit 5I contains nonnative plant species and activities stable occurrence of Navarretia fossalis the physical and biological features that (such as manure dumping or flood and provides potential connectivity are essential to the conservation of N. control) that occur in the vernal pool among occurrences of N. fossalis in fossalis, including ephemeral wetland basins and associated watershed area. Subunits 6A, 6B, and with Subunit 6D habitat (PCE 1), intermixed wetland and Please see the Special Management that we are excluding under section upland habitats that act as the local Considerations or Protection section of 4(b)(2) of the Act (see Application watershed (PCE 2), and the topography this rule for a discussion of the threats Section 4(b)(2) of the Action section). and soils that support ponding during to N. fossalis habitat and potential This subunit consists of two large vernal winter and spring months (PCE 3). The management considerations. pools. Subunit 6C contains the physical physical and biological features Subunit 6B: Salt Creek Seasonally and biological features that are essential essential to the conservation of the Flooded Alkali Plain to the conservation of N. fossalis, species in this subunit may require including ephemeral wetland habitat special management considerations or Subunit 6B is located near the City of (PCE 1), intermixed wetland and upland protection to address threats from Hemet and west of the Hemet-Ryan habitats that act as the local watershed nonnative plant species and activities Airport in Riverside County. This (PCE 2), and the topography and soils (such as unauthorized recreational use subunit is loosely bounded by that support ponding during winter and or residential and commercial Devonshire Avenue on the north, the spring months (PCE 3). The physical development) that occur in the vernal boundary for the City of Hemet on the and biological features essential to the pool basins. Please see the Special east, train tracks on the south, and low- conservation of the species in this Management Considerations or lying hills on the west. Subunit 6B subunit may require special Protection section of this rule for a consists of 930 ac (376 ha) of private management considerations or discussion of the threats to N. fossalis land that encompasses the core habitat protection to address threats from habitat and potential management along the Upper Salt Creek drainage nonnative plant species and activities considerations. west of the City of Hemet. As core (such as manure dumping, residential or habitat, this subunit contains a large Unit 6: Riverside Management Area agricultural development, discing for area of habitat that supports sizable vegetation control, or maintenance of Unit 6 is located in western Riverside occurrences of Navarretia fossalis and existing pipelines) that occur in the County and consists of three subunits provides potential connectivity between vernal pool basins and associated totaling 5,477 ac (2,217 ha). This unit occurrences in Subunits 6A and 6C. watershed area. Please see the Special contains 1,504 ac (609 ha) of land This subunit consists of seasonally Management Considerations or owned by the State of California’s flooded alkali vernal plains not subject Protection section of this rule for a Department of Fish and Game and 3,973 to U.S. Army Corps of Engineer discussion of the threats to N. fossalis ac (1,608 ha) of private land. jurisdiction. Subunit 6B contains the habitat and potential management physical and biological features that are Subunit 6A: San Jacinto River considerations. essential to the conservation of N. Subunit 6A is generally located along fossalis, including ephemeral wetland Effects of Critical Habitat Designation the San Jacinto River near the cities of habitat (PCE 1), intermixed wetland and Section 7 Consultation Hemet and Perris in Riverside County. upland habitats that act as the local This subunit is loosely bounded by watershed (PCE 2), and the topography Section 7(a)(2) of the Act requires Mystic Lake on the northeast and by the and soils that support ponding during Federal agencies, including the Service, Perris Airport on the southwest. Subunit winter and spring months (PCE 3). The to ensure that actions they fund, 6A consists of approximately 4,312 ac physical and biological features authorize, or carry out are not likely to (1,745 ha), including 1,504 ac (609 ha) essential to the conservation of the destroy or adversely modify critical of land owned by State or local species in this subunit may require habitat. Decisions by the Fifth and governments and 2,808 ac (1,136 ha) of special management considerations or Ninth Circuit Courts of Appeals have private land. Subunit 6A encompasses protection to address threats from invalidated our definition of core habitat along the San Jacinto River. nonnative plant species and activities ‘‘destruction or adverse modification’’ As core habitat, this subunit contains a (such as manure dumping, grazing, (50 CFR 402.02) (see Gifford Pinchot large area of habitat that supports flood control, or discing for vegetation Task Force v. U.S. Fish and Wildlife sizable occurrences of Navarretia control) that occur in the vernal pool Service, 378 F. 3d 1059 (9th Cir 2004) fossalis and provides potential basins and associated watershed area. and Sierra Club v. U.S. Fish and connectivity between occurrences in Please see the Special Management Wildlife Service et al., 245 F.3d 434, Subunits 6B and 6C. This subunit Considerations or Protection section of 442F (5th Cir 2001)), and we do not rely consists of seasonally flooded alkali this rule for a discussion of the threats on this regulatory definition when vernal plains that occur along the San to N. fossalis habitat and potential analyzing whether an action is likely to Jacinto River. Subunit 6A contains the management considerations. destroy or adversely modify critical physical and biological features that are habitat. Under the statutory provisions essential to the conservation of N. Subunit 6C: Wickerd and Scott Road of the Act, we determine destruction or fossalis, including ephemeral wetland Pools adverse modification on the basis of habitat (PCE 1), intermixed wetland and Subunit 6C is located in the City of whether, with implementation of the upland habitats that act as the local Menifee in Riverside County, California. proposed Federal action, the affected watershed (PCE 2), and the topography This subunit is loosely bounded by low critical habitat would remain functional and soils that support ponding during lying hills north of Garbani Road on the (or retain those physical and biological winter and spring months (PCE 3). The north, Briggs Road on the east, Scott features that relate to the ability of the

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area to periodically support the species) reinitiation of consultation with us on discussion on the impacts of these to serve its intended conservation role actions for which formal consultation actions to the listed species): for the species (Service 2004a, p. 3). has been completed, if those actions (1) Actions that would impact the If a species is listed or critical habitat with discretionary involvement or ability of an ephemeral wetland to is designated, section 7(a)(2) of the Act control may affect subsequently listed continue to provide habitat for requires Federal agencies to ensure that species or designated critical habitat. Navarretia fossalis and other native activities they authorize, fund, or carry Federal activities that may affect species that require this specialized out are not likely to jeopardize the Navarretia fossalis or its designated habitat type. Such activities could continued existence of the species or to critical habitat require section 7 include, but are not limited to, water destroy or adversely modify its critical consultation under the Act. Activities impoundment, stream channelization, habitat. If a Federal action may affect a on State, Tribal, local, or private lands water diversion, water withdrawal, and listed species or its critical habitat, the requiring a Federal permit (such as a development activities. These activities responsible Federal agency (action permit from the U.S. Army Corps of could alter the biological and physical agency) must enter into consultation Engineers (Corps) under section 404 of features essential to the conservation of with us. As a result of this consultation, the Clean Water Act (33 U.S.C. 1251 et N. fossalis that provide the appropriate we document compliance with the seq.) or a permit from us under section habitat for the species by eliminating requirements of section 7(a)(2) through 10 of the Act) or involving some other ponding habitat; changing the duration our issuance of: Federal action (such as funding from the and frequency of the ponding events on (1) A concurrence letter for Federal Federal Highway Administration, which this species relies; making the actions that may affect, but are not Federal Aviation Administration, or the habitat too wet, thus allowing obligate likely to adversely affect, listed species Federal Emergency Management wetland species to become established; or designated critical habitat; or Agency) are subject to the section 7 making the habitat too dry, thus (2) A biological opinion for Federal consultation process. Federal actions allowing upland species to become actions that are likely to adversely affect not affecting listed species or critical established; causing large amounts of listed species or designated critical habitat, and actions on State, Tribal, sediment or manure to be deposited in habitat. local, or private lands that are not N. fossalis habitat; or causing increased When we issue a biological opinion federally funded, authorized, or erosion and incising of waterways. concluding that a project is likely to permitted, do not require section 7 (2) Actions that would impact the soil jeopardize the continued existence of a consultations. and topography that cause water to listed species or destroy or adversely pond during the winter and spring modify critical habitat, we also provide Application of the ‘‘Adverse months. Such activities could include, reasonable and prudent alternatives to Modification’’ Standard but are not limited to, deep ripping of the project, if any are identifiable. We The key factor related to the adverse soils, trenching, soil compaction, and define ‘‘Reasonable and prudent modification determination is whether, development activities. These activities alternatives’’ at 50 CFR 402.02 as with implementation of the proposed could alter the biological and physical alternative actions identified during Federal action, the affected critical features essential to the conservation of consultation that: habitat would remain functional to Navarretia fossalis that provide the (1) Can be implemented in a manner serve its intended conservation role for appropriate habitat for the species by consistent with the intended purpose of the species. Activities that may destroy eliminating ponding habitat, impacting the action, or adversely modify critical habitat are the impervious nature of the soil layer, (2) Can be implemented consistent those that alter the physical and or making the soil so impervious that with the scope of the Federal agency’s biological features to an extent that water pools for an extended period that legal authority and jurisdiction, is detrimental to N. fossalis (as (3) Are economically and appreciably reduces the conservation described in the PCEs). technologically feasible, and value of critical habitat for Navarretia (4) Would, in the Director’s opinion, fossalis. As discussed above, the role of Exemptions avoid jeopardizing the continued critical habitat is to support the life Application of Section 4(a)(3) of the Act existence of the listed species or history needs of the species and provide destroying or adversely modifying for the conservation of the species. For The Sikes Act Improvement Act of critical habitat. N. fossalis, this includes supporting 1997 (Sikes Act) (16 U.S.C. 670a) Reasonable and prudent alternatives viable occurrences and recovery of the required each military installation that can vary from slight project species in core habitat areas and includes land and water suitable for the modifications to extensive redesign or satellite habitat areas. conservation and management of relocation of the project. Costs Section 4(b)(8) of the Act requires us natural resources to complete an associated with implementing a to briefly evaluate and describe, in any integrated natural resources reasonable and prudent alternative are proposed or final regulation that management plan (INRMP) by similarly variable. designates critical habitat, activities November 17, 2001. An INRMP Regulations at 50 CFR 402.16 require involving a Federal action that may integrates implementation of the Federal agencies to reinitiate destroy or adversely modify such military mission of the installation with consultation on previously reviewed habitat, or that may be affected by such stewardship of the natural resources actions in instances where we have designation. found on the base. Each INRMP listed a new species or subsequently Activities that, when carried out, includes: designated critical habitat that may be funded, or authorized by a Federal (1) An assessment of the ecological affected and the Federal agency has agency, may affect critical habitat and, needs on the installation, including the retained discretionary involvement or therefore, should result in consultation need to provide for the conservation of control over the action (or the agency’s for Navarretia fossalis include, but are listed species; discretionary involvement or control is not limited to (please see Special (2) A statement of goals and priorities; authorized by law). Consequently, Management Considerations or (3) A detailed description of Federal agencies may need to request Protection section for a more detailed management actions to be implemented

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to provide for these ecological needs; Marine Corps Base Camp Pendleton for N. fossalis under section 4(a)(3) of and (MCB Camp Pendleton) the Act. For more information on the (4) A monitoring and adaptive In the previous final critical habitat conservation benefits afforded to N. management plan. designation for Navarretia fossalis (70 fossalis at MCAS Miramar, please see the Exemptions Under Section 4(a)(3) of Among other things, each INRMP FR 60658; October 18, 2005) and the proposed revised critical habitat the Act section in the proposed revised must, to the extent appropriate and critical habitat rule (74 FR 27610). applicable, provide for fish and wildlife designation (74 FR 27588; June 10, 2009), we exempted MCB Camp management; fish and wildlife habitat Exclusions Pendleton from the designation of enhancement or modification; wetland critical habitat. We based this decision Application of Section 4(b)(2) of the Act protection, enhancement, and on the conservation benefits to N. Section 4(b)(2) of the Act states that restoration where necessary to support fossalis identified in the INRMP the Secretary must designate and revise fish and wildlife; and enforcement of developed by MCB Camp Pendleton in critical habitat on the basis of the best applicable natural resource laws. November 2001 and the updated INRMP available scientific data after taking into The National Defense Authorization that was prepared by MCB Camp consideration the economic impact, Act for Fiscal Year 2004 (Pub. L. 108- Pendleton in March 2007 (Marine Corp national security impact, and any other 136) amended the Act to limit areas Base Camp Pendleton 2007). We relevant impact of specifying any eligible for designation as critical determined that conservation efforts particular area as critical habitat. The habitat. Specifically, section 4(a)(3)(B)(i) identified in the INRMP provide a Secretary may exclude an area from of the Act (16 U.S.C. 1533(a)(3)(B)(i)) benefit to the occurrences of N. fossalis critical habitat if he determines that the now provides: ‘‘The Secretary shall not and vernal pool habitat occurring on benefits of such exclusion outweigh the designate as critical habitat any lands or MCB Camp Pendleton (Marine Corps benefits of specifying such area as part other geographical areas owned or Base Camp Pendleton 2007, Section 4, of the critical habitat, unless he controlled by the Department of pp. 51–76). This conservation protects determines, based on the best scientific Defense, or designated for its use, that the 145 ac (59 ha) of habitat that we data available, that the failure to are subject to an integrated natural believe to be essential for the designate such area as critical habitat resources management plan prepared conservation of N. fossalis on Stuart will result in the extinction of the under section 101 of the Sikes Act (16 Mesa and near the Wire Mountain species. In making that determination, U.S.C. 670a), if the Secretary determines Housing Complex. Therefore, lands the legislative history is clear that the in writing that such plan provides a containing features essential to the Secretary has broad discretion regarding benefit to the species for which critical conservation of N. fossalis on this which factor(s) to use and how much habitat is proposed for designation.’’ installation are exempt from this revised weight to give to any factor. critical habitat for N. fossalis under In the following paragraphs, we We consult with the military on the section 4(a)(3) of the Act. For more address a number of general issues that development and implementation of information on the conservation benefits are relevant to our analysis under INRMPs for installations with federally afforded to N. fossalis at MCB Camp section 4(b)(2) of the Act. listed species. Any INRMPs developed Pendleton, please see the Exemptions Under section 4(b)(2) of the Act, we by military installations located within Under Section 4(a)(3) of the Act section may exclude an area from designated the range of Navarretia fossalis and that in the proposed revised critical habitat critical habitat based on economic contain those features essential to the rule (74 FR 27610). impacts, national security impacts, or species’ conservation were analyzed for any other relevant impacts. In Marine Corps Air Station Miramar exemption under the authority of considering whether to exclude a (MCAS Miramar) section 4(a)(3)(B) of the Act. particular area from the designation, we In the previous final critical habitat Both MCB Camp Pendleton and must identify the benefits of including designation for Navarretia fossalis (70 MCAS Miramar have approved INRMPs the area in the designation, identify the FR 60658; October 18, 2005) and the benefits of excluding the area from the that address Navarretia fossalis, and the proposed revised critical habitat designation, and determine whether the Marine Corps (on both installations) has designation (74 FR 27588; June 10, benefits of exclusion outweigh the committed to work closely with us, 2009), we exempted MCAS Miramar benefits of inclusion. If based on this California Department of Fish and Game from the designation of critical habitat analysis, we make this determination, (CDFG), and California Department of (70 FR 60658; October 18, 2005). We then we can exclude the area only if Parks and Recreation to continually based this decision on the conservation such exclusion would not result in the refine the existing INRMPs as part of the benefits to N. fossalis identified in the extinction of the species. Sikes Act’s INRMP review process. In INRMP developed by MCAS Miramar in When considering the benefits of accordance with section 4(a)(3)(B)(i) of May 2000 and the updated INRMP inclusion for an area, we consider the the Act, we determined that prepared by MCAS Miramar in October additional regulatory benefits that area conservation efforts identified in the 2006 (Gene Stout and Associates et al. would receive from the protection from INRMPs will provide a benefit to N. 2006). We determined that conservation adverse modification or destruction as a fossalis occurring in habitats within or efforts identified in the INRMP provide result of actions with a Federal nexus; adjacent to MCB Camp Pendleton and a benefit to the occurrences of N. the educational benefits of mapping MCAS Miramar (see the following fossalis and vernal pool habitat on the essential habitat for recovery of the sections that detail this determination 69 ac (28 ha) of habitat on the western listed species; and any benefits that may for each installation). Therefore, 213 ac portion of MCAS Miramar (Gene Stout result from a designation due to State or (86 ha) of habitat on MCB Camp and Associates et al. 2006, Section 7, Federal laws that may apply to critical Pendleton and MCAS Miramar are pp. 17–23). Therefore, lands containing habitat. exempt from this revised critical habitat features essential to the conservation of When considering the benefits of for N. fossalis under section 4(a)(3) of N. fossalis on this installation are exclusion, we consider, among other the Act. exempt from the revised critical habitat things, whether exclusion of a specific

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area is likely to result in long–term After evaluating the benefits of other comments we received, we conservation; the continuation, inclusion and the benefits of exclusion, evaluated whether certain lands in the strengthening, or encouragement of we carefully weigh the two sides to proposed critical habitat Units 3 and 6 partnerships that result in conservation determine whether the benefits of were appropriate for exclusion from this of listed species; or implementation of exclusion outweigh those of inclusion. final designation. a management plan that provides equal If we determine that they do, we then After considering the following areas to or more conservation than a critical determine whether exclusion would habitat designation would provide. result in extinction. If exclusion of an under section 4(b)(2) of the Act, we are Specifically, when evaluating a area from critical habitat will result in excluding them from the critical habitat conservation plan we consider, among extinction, we will not exclude it from designation for Navarretia fossalis: other factors: whether the plan is the designation. Subunit 3A within the County of San finalized; how it provides for the In the case of Navarretia fossalis, the Diego Subarea Plan under the MSCP, conservation of the essential physical revised critical habitat designation does and Subunits 6D and 6E within the and biological features; whether the not include any Tribal lands or trust Western Riverside County MSHCP (see conservation management strategies and resources. However, this revised critical Table 5 below). As described in the actions contained in a management plan habitat designation does include some following exclusion analyses for the two are in place and there is a strong lands covered by three completed HCPs HCPs, we made this determination likelihood they will be implemented for N. fossalis. No new HCP or because we believe that: into the future; whether the conservation plan covering the (1) Their value for N. fossalis conservation strategies in the plan are distribution of this species has been conservation will be preserved for the likely to be effective; and whether the approved since the proposed revised foreseeable future by existing protective plan contains a monitoring program or designation that published in the actions, and adaptive management to ensure that the Federal Register on June 10, 2009 (74 conservation measures are effective and FR 27588). (2) They are appropriate for exclusion can be adapted in the future in response Based on the information provided by under the ‘‘other relevant factor’’ to new information. entities seeking exclusion, as well as provisions of section 4(b)(2) of the Act.

TABLE 5. AREAS BEING EXCLUDED UNDER SECTION 4(B)(2) OF THE ACT FROM THIS REVISED CRITICAL HABITAT DESIGNATION.

Subunit Area excluded

County of San Diego Subarea Plan under the San Diego MSCP

3A. Santa Fe Valley: Crosby Estates 5 ac (2 ha)

Subtotal County of San Diego Subarea Plan under the San Diego MSCP 5 ac (2 ha)

Western Riverside County MSHCP

6D. Skunk Hollow 158 ac (64 ha)

6E. Mesa de Burro 708 ac (287 ha)

Subtotal for Western Riverside County MSHCP 866 ac (351 ha)

Total 871 ac (353 ha)* *Values in this table may not sum due to rounding.

Exclusions Based on Other Relevant 4(b)(2) of the Act, as described in detail partially on land that is owned by the Factors Habitat Conservation Plans below. North County Transportation District (6 ac (2 ha)), which is not a participating Carlsbad Habitat Management Plan We believe that the benefits of entity to the Carlsbad HMP and was not (HMP)— San Diego Multiple Habitat excluding from critical habitat portions considered for exclusion. We Conservation Program (MHCP). of the essential habitat we identified determined that the benefits of within the County of San Diego Subarea We considered exclusion of a portion inclusion for 3 ac (1 ha) of Unit 2 lands Plan under the MSCP and the Western of essential habitat covered by the within the Carlsbad HMP area are Riverside County MSHCP outweigh the Carlsbad HMP under the MHCP for greater than the benefits of exclusion. In benefits of including these areas; exclusion under section 4(b)(2) of the making our final decision with regard to therefore, we are excluding these areas Act. The lands that were under these HMP–covered lands, we from this revised critical habitat consideration for exclusion within the considered several factors, including designation. Lands covered by the City of Carlsbad include a portion of one our relationship with the City of Carlsbad HMP under the MHCP, and vernal pool complex located east of the Carlsbad, our relationship with other portions of the lands covered by the railroad tracks at the Poinsettia Lane MHCP stakeholders, existing County of San Diego Subarea Plan under Commuter Station. The vernal pool consultations, conservation measures in the MSCP, and the Western Riverside complex is partially on land that is place on these lands that benefit County MSHCP do not result in the covered by the Carlsbad HMP (i.e., the Navarretia fossalis, implementation of benefits of exclusion outweighing the 3 ac (1 ha) considered for exclusion long–term management strategies, and benefits of inclusion under section under section 4(b)(2) of the Act) and impacts to current and future

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partnerships. We recognize N. fossalis conservation actions taken to date at (‘‘covered species’’) through the conservation measures outlined in the this location, such as the $100,000 establishment and management of Carlsbad HMP will be implemented provided by the Water’s End project approximately 171,920 ac (69,574 ha) of eventually on covered lands as the plan along with an additional $50,000 from preserve lands within the Multi–Habitat is carried out regardless of critical the North Coast Transit District that are Planning Area (MHPA) (City of San habitat designation. This vernal pool being held by CDFG and will be used to Diego) and Pre–Approved Mitigation complex in Unit 2 is also benefiting develop and implement long–term Areas (PAMA) (County of San Diego). from conservation efforts as a result of management to benefit vernal pool The MSCP was developed in support of actions associated with four other species occurring at this site, including applications for incidental take permits federally listed vernal pool species (i.e., N. fossalis. We look forward to working for several federally listed species by 12 San Diego fairy shrimp (Branchinecta with the North Coast Transit District participating jurisdictions and many sandiegonensis) and its designated and CDFG in the near future to ensure other stakeholders in southwestern San critical habitat, and Riverside fairy that both conservation and long–term Diego County. Under the umbrella of the shrimp (Streptocephalus woottoni) and management are implemented for N. MSCP, each of the 12 participating its designated critical habitat, and fossalis and its essential habitat at this jurisdictions is required to prepare a Eryngium aristulatum var. parishii (San location. subarea plan that implements the goals of the MSCP within that particular Diego button–celery), and Orcuttia San Diego Multiple Species jurisdiction. Navarretia fossalis was californica (California Orcutt grass)). Conservation Program (MSCP)—County evaluated in the subregional plan as However, the 3 ac (1 ha) portion of San Diego Subarea Plan. considered for exclusion under section well as the permitted subarea plans. 4(b)(2) of the Act is not conserved and We determined approximately 86 ac Upon completion of the plan that managed for the long–term protection of (35 ha) of habitat in Subunits 3A, 5B, identifies where mitigation activities the species and its habitat at this time. 5F, and 5I within the County of San should be focused, approximately Once this area is conserved and Diego Subarea Plan of the MSCP contain 171,920 ac (69,574 ha) of the 582,243 ac managed, it will help with the long– the physical and biological features (235,626 ha) MSCP plan area will be term protection of this vernal pool essential to the conservation of preserved (MSCP 1998, pp. 2–1 and 4– complex, not only for N. fossalis, but Navarretia fossalis that may require 2 to 4–4). San Diego County Subarea also the four other federally endangered special management considerations or Plan identifies areas where mitigation protection and therefore, these lands vernal pool species that already receive activities should be focused to assemble meet the definition of critical habitat protection under the plan. its preserve areas (i.e., PAMA). Those under the Act. In making our final areas of the MSCP preserve that are Protection of this vernal pool area is decision with regard to lands within the already conserved, as well as those areas particularly important considering the County of San Diego Subarea Plan, we that are designated for inclusion in the surrounding area has already been considered several factors, including preserve under the plan, are referred to developed. Conservation measures for our relationship with the participating as the ‘‘preserve area’’ in this revised lands within the Carlsbad HMP are MSCP jurisdiction, our relationship critical habitat designation. When the outlined in the Carlsbad HMP biological with other MSCP stakeholders, non– preserve is completed, the public sector opinion (Service 2004c, pp. 312–316). covered activities, existing (i.e., Federal, State, and local We recognize that these lands have been consultations, long–term conservation governments, and general public) will avoided by development associated measures management in place on these have contributed 108,750 ac (44,010 ha) with the Water’s End housing project lands that benefit N. fossalis, and (63.3 percent) to the preserve, of which and have been identified as open space impacts to current and future 81,750 ac (33,083 ha) (48 percent) was for the protection of the vernal pool partnerships. We recognize N. fossalis existing public land when the MSCP habitat, as outlined in a consultation conservation measures outlined in the was established and 27,000 ac (10,927 conducted with the Corps (Service County of San Diego Subarea Plan will ha) (16 percent) will have been 1994) prior to the development of the be implemented as the plan is carried acquired. At completion, the private Carlsbad HMP. The developer of the out regardless of whether covered areas sector will have contributed 63,170 ac Water’s End project agreed to grant a are designated as critical habitat. Under (25,564 ha) (37 percent) to the preserve conservation easement over the section 4(b)(2) of the Act, we are as part of the development process, Navarretia fossalis habitat to CDFG and excluding 5 ac (2 ha) of land in Subunit either through avoidance of impacts or provide a management plan with an 3A covered by the County of San Diego as compensatory mitigation for impacts endowment ($100,000) to the City of Subarea Plan from this revised critical to biological resources outside the Carlsbad for management and habitat designation that are currently preserve. Currently and in the future, monitoring in perpetuity. Additionally, assured of long–term conservation and Federal and State governments, local the land–owners recently completed a management. The remaining 81 ac (33 jurisdictions, special districts, and 5–year restoration of the upland portion ha) of land in Subunits 5B, 5F, and 5I managers of privately owned lands will of the vernal pool complex with coastal covered by the County of San Diego manage and monitor their lands in the sage scrub vegetation (City of Carlsbad Subarea Plan are not excluded, and we preserve for species and habitat 2009, p. 7). However, a conservation have designated these areas as critical protection (MSCP 1998, pp. 2–1 and 4– easement has not yet been placed over habitat for N. fossalis. 2 to 4–4). the property and long–term The MSCP is a subregional HCP made We considered excluding lands management of the property is not yet up of several subarea plans that has within the County of San Diego Subarea in place. Thus, we made the been in place for more than a decade. Plan. After reviewing the areas covered determination that the benefits of The subregional plan area encompasses by the County of San Diego Subarea inclusion outweigh the benefits of approximately 582,243 ac (235,626 ha) Plan, we are excluding approximately 5 exclusion and have included all lands (County of San Diego 1997, p. 1–1; ac (2 ha) in Subunit 3A that are in this area (i.e., 9 ac (4 ha in Unit 2)) MSCP 1998, pp. 2–1, and 4–2 to 4–4) currently conserved and managed. The as critical habitat for N. fossalis. We and provides for conservation of 85 areas within the plan boundaries of the recognize and appreciate the federally listed and sensitive species County of San Diego Subarea Plan in

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Subunits 5B, 5F, and 5I were not completed. Federal agencies must percent as a result of critical habitat excluded because we do not believe that consult with the Service on actions that designation for N. fossalis within the the benefits of exclusion outweigh the may affect critical habitat and must non–ponded/watershed areas (Service benefits of inclusion at this time. The avoid destroying or adversely modifying 2009, p. 2). Therefore, for Subunit 5B lands in these subunits are not currently critical habitat. Federal agencies must and to a certain extent Subunits 5F and conserved under this HCP, and non– also consult with us on actions that may 5I, it is probable that conservation covered activities (such as illegal OHV affect a listed species and refrain from achieved under the Act would increase use) that could adversely affect undertaking actions that are likely to if the areas are designated as critical Navarretia fossalis and its essential jeopardize the continued existence of habitat for N. fossalis, resulting in a habitat are occurring on these lands. such species. The analysis of effects to small regulatory benefit associated with Therefore, we believe the conservation critical habitat is a separate and the designation of critical habitat in benefit of including these areas as different analysis from that of the effects these subunits. critical habitat for N. fossalis may be to the species. Therefore, the difference When consulting under section 7 of significant. Additionally, portions of in outcomes of these two analyses the Act in designated critical habitat, we Subunits 5B and 5I are designated as represents the regulatory benefit of conduct independent analyses for major/minor Amendment Areas under critical habitat. For some species jeopardy and adverse modification. the subarea plan and their conservation (including Navarretia fossalis), and in However, with regard to vernal pool depends upon the approval of future some locations, the outcome of these species such as Navarretia fossalis, the amendments to the plan. Therefore, we analyses will be similar, because effects outcomes of those analyses (in terms of did not consider these major/minor to habitat will often also result in effects potential restrictions on development) amendment areas for exclusion under to the species. However, the regulatory are almost always the same. In general, section 4(b)(2) of the Act. standard is different, as the jeopardy a properly functioning hydrologic The County of San Diego Subarea analysis investigates the action’s impact regime is critical to sustain listed vernal Plan provides additional conservation to survival and recovery of the species, pool species and their immediate vernal for the Navarretia fossalis habitat in while the adverse modification analysis pool habitat (i.e., local watershed). Subunit 3A (Crosby Estates) beyond investigates the action’s effects to the Avoidance or adequate minimization of what occurred when the area was designated habitat’s contribution to impacts to the wetland area and its initially developed and conserved (i.e., conservation. This will, in many associated watershed (which in 1995 prior to the Subarea Plan instances, lead to different results and collectively creates the hydrologic development). Subunit 3A consists of 5 different regulatory requirements. Thus, regime necessary to support N. fossalis) ac (2 ha) of private land within the critical habitat designations may northern portion of the County of San is important not only to enable the provide greater benefits to the recovery critical habitat unit to carry out its Diego Subarea Plan. This area was set of a species than would listing alone. aside in 1995 when the surrounding conservation function (i.e., to avoid area was developed, and the vernal pool Critical habitat may provide a adverse modification), but also to avoid habitat area was restored and managed regulatory benefit for Navarretia fossalis jeopardy to the listed species. for a 5–year period to ensure the when there is a Federal nexus present Navarretia fossalis is completely conservation of N. fossalis and other for a project that might adversely dependent on a properly functioning vernal pool species. Under the County modify critical habitat. Also, where vernal pool system for its survival; of San Diego Subarea Plan, the area will federally listed animal species, such as therefore, it is not possible to continue to receive periodic monitoring the Riverside fairy shrimp or San Diego differentiate conservation measures beyond the initial 5–year period. The fairy shrimp co–occur with N. fossalis needed to avoid adverse modification of long–term management requirements and are likely to be taken by a proposed critical habitat from those needed to applicable for this area are explained in action that otherwise lacks a Federal avoid jeopardy to the species. Impacts to the ‘‘The Crosby at Rancho Santa Fe, nexus, the project proponent would be both wetland features where N. fossalis Habitat Management Plan, Annual required to obtain an incidental take occurs and to the associated local Report, 2008’’ (Rincon Consultants, Inc. permit under section 10 of the Act, thus watershed necessary to maintain those 2008, pp. 1–6). Such management will resulting an intra–Service section 7 wetland features should generally be include monitoring and management of consultation that would also include N. avoided to prevent jeopardy to N. invasive species, implementing erosion fossalis. In the areas that we considered fossalis or to prevent adverse control measures, monitoring and for exclusion within the County of San modification to N. fossalis critical removal of trash/debris, creating natural Diego Subarea Plan, Riverside fairy habitat. Service biologists regularly fencing barriers to address unauthorized shrimp or San Diego fairy shrimp are negotiate with project proponents to off–trail activity, installing signage, and present in Subunits 3A, 5F, and 5I. In avoid impacts to vernal pool and developing educational website and this context, we anticipate that projects ephemeral wetland habitat. Whenever materials (Rincon Consultants, Inc. that meet the definition of critical possible; these negotiations include 2008, pp. 4–15). habitat within Subunits 3A, 5F, and 5I conservation measures that would avoid will require a consultation with the impacts to both the pools and the Benefits of Inclusion—County of San Service regardless of whether critical associated local watershed area. Diego Subarea Plan habitat is designated. It is possible that Therefore, we do not believe The principle benefit of including an in Subunit 5B (where no federally listed conservation achieved under the Act area in a critical habitat designation is fairy shrimp are known to exist) the would differ greatly whether or not the the requirement of Federal agencies to designation of critical habitat will result areas are designated as critical habitat ensure actions they fund, authorize, or in an increase in the likelihood that for N. fossalis. However, while the carry out are not likely to result in the consultations with the Service will outcome of individual section 7 destruction or adverse modification of occur. It is also possible that the number consultation may not differ, we believe any designated critical habitat, the of consultations that occur in the local designation of lands in Subunits 5B, 5F, regulatory standard of section 7 of the watershed areas of Subunits 5F and 5I and 5I as critical habitat may provide a Act under which consultation is would increase by approximately 20 small regulatory benefit by increasing

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the likelihood and number of affect aspects of the environment. In this occur under sections 7 and 9 of the Act). consultations in these areas and thereby case for N. fossalis, vernal pools and Many landowners perceive critical increase the overall level of vernal pool species have been a focus of habitat as an unfair and unnecessary conservation for N. fossalis. conservation in San Diego County for regulatory burden given the expense Another possible benefit of including more than 20 years and have been and time involved in developing and lands in a critical habitat designation is addressed in CEQA and NEPA implementing complex regional and the educational value of the designation throughout this time period; therefore, jurisdiction–wide HCPs, such as the to landowners and the public regarding we do not believe designation of critical MSCP. Exclusion of these lands from the potential conservation value of an habitat for N. fossalis will provide a critical habitat could help preserve the area. For example, a critical habitat significant additional benefit to analyses partnerships we developed with the designation for Navarretia fossalis may conducted under these laws. County of San Diego in the development help local governments or the public In summary, we believe designating of the MSCP and County of San Diego focus conservation efforts on areas of Subunits 3A, 5B, 5F, and 5I as revised Subarea Plan, and foster future high conservation value for this species. critical habitat may provide some partnerships and development of future Past efforts have highlighted the regulatory benefits under section 7 of HCPs. importance of the essential habitat for the Act, particularly in Subunits 5B, 5F, The primary benefit of excluding N. fossalis within the jurisdiction of the and 5I, where designation may increase lands owned by or under the County of San Diego Subarea Plan. the likelihood and number of jurisdiction of the County of San Diego These past efforts include public consultations and thus the overall level Subarea Plan permittees from critical meetings and opportunities for public of conservation for this species and its habitat under the MSCP is strengthening comment that occurred during the essential habitat, but we do not believe of our existing partnership with the process of creating the HCP, the that the outcome of these consultations County of San Diego. The County of San development of the Habitat Management will change greatly with the designation Diego requested that we exclude lands Plan for the Crosby at Rancho Santa Fe, of critical habitat. Additionally, we covered by their subarea plan during the and development of our Recovery Plan believe that there may be a significant public comment period. If the County of for Southern California Vernal Pool benefit associated with the designation San Diego believes that a revised critical Species (Service 1998). While these of critical habitat due to the educational habitat designation will impact its efforts have helped to identify important component provided by critical habitat ability to implement their subarea plan, conservation areas for N. fossalis in the in areas that are not currently then designating County of San Diego County of San Diego Subarea Plan, some conserved; specifically, we believe that lands may affect our partnership with of these areas (i.e., Subunits 5B, 5F, and these benefits are significant in Subunits them. 5I) still suffer impacts from activities 5B, 5F, and 5I. such as grazing on non–agricultural In summary, we believe that lands (an activity covered by the plan), Benefits of Exclusion—County of San excluding lands covered by the County and illegal off–highway vehicle (OHV) Diego Subarea Plan of San Diego Subarea Plan from critical use. By designating critical habitat in We believe significant benefits would habitat provides the significant benefit these areas that continue to receive be realized by forgoing designation of of maintaining existing regional HCP impacts, we will better educate the critical habitat on lands covered by the partnerships and fostering new ones. public regarding these and other threats County of San Diego Subarea Plan Weighing Benefits of Exclusion Against to N. fossalis and the physical and including: Benefits of Inclusion—County of San biological features essential to the (1) Continuance and strengthening of Diego Subarea Plan conservation of the species. The our effective working relationships with educational information provided in all MSCP jurisdictions and stakeholders We reviewed and evaluated the this revised rule and the 2005 final rule to promote conservation of Navarretia benefits of inclusion and benefits of (70 FR 60658; October 18, 2005) can be fossalis and its habitat; exclusion for all lands within the used by the public to learn about N. (2) Allowance for continued County of San Diego Subarea Plan under fossalis priority conservation areas. The meaningful collaboration and the MSCP proposed as critical habitat inclusion in revised critical habitat of cooperation in working toward for Navarretia fossalis. The benefits of the approximately 81 ac (33 ha) of lands recovering this species, including including lands currently conserved in subunits 5B, 5F, and 5I that are not conservation benefits that might not under the MSCP in the critical habitat currently protected and managed would otherwise occur; designation are small. All of the formally identify these areas as essential (3) Encouragement for other approximately 5 ac (2 ha) of land in for the conservation and recovery of N. jurisdictions to complete subarea plans Subunit 3A are already conserved and fossalis and in doing so provide a under the MSCP (including the City of managed for the preservation of vernal significant educational benefit to the Santee); and pool species, including N. fossalis. conservation of N. fossalis. In contrast, (4) Encouragement of additional HCP Therefore, designating this area as we believe the educational benefit of and other conservation plan critical habitat is unlikely to provide designating Subunit 3A would be development in the future on other significant regulatory or educational insignificant because this area is already private lands for this and other federally benefits. This area is currently being conserved. listed and sensitive species. managed under a habitat management We considered that the designation of The County of San Diego Subarea plan developed in part because the area critical habitat for Navarretia fossalis Plan provides substantial protection and is covered by the County of San Diego may strengthen or reinforce some of the management for Navarretia fossalis and Subarea Plan. The exclusion of provisions in other State and Federal the physical and biological features conserved areas of Subunit 3A will laws, such as the California essential to the conservation of the benefit the partnership that we have Environmental Quality Act (CEQA) or species, and addresses conservation with the County of San Diego and National Environmental Policy Act issues from a coordinated, integrated encourage the conservation of lands (NEPA). These laws analyze the perspective rather than a piecemeal, associated with the development and potential for projects to significantly project–by–project approach (as would implementation of future HCPs.

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Including lands in Subunits 5B, 5F, excluding approximately 5 ac (2 ha) of The Western Riverside County MSHCP and 5I in the critical habitat designation habitat in Subunit 3A within the County addresses 146 listed and unlisted for Navarretia fossalis that are not of San Diego Subarea Plan from this ‘‘covered species,’’ including Navarretia currently conserved or protected from revised critical habitat designation. fossalis. Participants in the Western activities such as illegal OHV use and Riverside County MSHCP include 14 Western Riverside County Multiple unregulated grazing in critical habitat cities; the County of Riverside, Species Habitat Conservation Plan will provide additional regulatory including the Riverside County Flood (Western Riverside County MSHCP) protection for N. fossalis and its Control and Water Conservation Agency essential habitat under section 7(a) of We determined that approximately (County Flood Control), Riverside the Act when there is a Federal nexus, 6,343 ac (2,567 ha) of land owned by or County Transportation Commission, and designation will act as an under the jurisdiction of the permittees Riverside County Parks and Open Space educational tool for the public regarding of the Western Riverside County District, and Riverside County Waste the conservation of N. fossalis. MSHCP contain the physical and Department; California Department of Therefore, designating these areas as biological features essential to the Parks and Recreation; and the California critical habitat for N. fossalis is likely to conservation of Navarretia fossalis that Department of Transportation. The provide additional regulatory benefits as may require special management Western Riverside County MSHCP is a well as a significant educational benefit considerations or protection, and multi–species conservation program to the species. We believe that therefore, these lands meet the that minimizes and mitigates the excluding these areas under section definition of critical habitat under the expected loss of habitat and associated 4(b)(2) of the Act would provide a Act. In making our final decision with incidental take of covered species. On significant benefit to the partnership regard to these lands, we considered June 22, 2004, the Service issued a that we have with the County of San several factors including our single incidental take permit (Service Diego, but we believe that the relationships with participating 2004b, TE–088609–0) under section conservation benefits of including these jurisdictions, our relationships with 10(a)(1)(B) of the Act to 22 permittees lands as critical habitat outweighs the other stakeholders, existing under the Western Riverside County benefit of exclusion. consultations, conservation measures MSHCP for a period of 75 years. In summary, we find that the benefits and management in place on these lands The Western Riverside County of excluding lands in areas that are that benefit N. fossalis, and impacts to MSHCP will establish approximately conserved and managed for the purpose current and future partnerships. We 153,000 ac (61,917 ha) of new of protecting Navarretia fossalis recognize N. fossalis conservation conservation lands (Additional Reserve (Subunit 3A) outweigh the benefits of measures outlined in the Western Lands) to complement the approximate including those lands as critical habitat Riverside County MSHCP will be 347,000 ac (140,426 ha) of pre–existing for N. fossalis. We find that the benefits implemented as the plan is carried out natural and open space areas (Public/ of including lands that are being regardless if covered areas are Quasi–Public (PQP) lands) in the plan impacted by activities covered under designated as revised critical habitat. area. These PQP lands include those the County of San Diego Subarea Plan Under section 4(b)(2) of the Act, we are under Federal ownership, primarily and are not yet conserved and managed excluding 866 ac (351 ha) of land managed by the United States Forest (Subunits 5B, 5F, and 5I) outweigh the meeting the definition of critical habitat Service (USFS) and Bureau of Land benefits of excluding those lands as owned by or under the jurisdiction of Management (BLM), and also permittee– critical habitat for N. fossalis. the Western Riverside County MSHCP owned or controlled open–space areas, permittees within Unit 6 (Subunits 6D primarily managed by the State and Exclusion Will Not Result in Extinction and 6E) from this revised critical habitat Riverside County. Collectively, the of the Species—County of San Diego designation. We are including 5,477 ac Additional Reserve Lands and PQP Subarea Plan (2,217 ha) of land that meets the lands form the overall Western We determined that the exclusion of definition of critical habitat owned by or Riverside County MSHCP Conservation approximately 5 ac (2 ha) of habitat in under the jurisdiction of Western Area. The configuration of the 153,000 Subunit 3A within the County of San Riverside County MSHCP permittees ac (61,916 ha) of Additional Reserve Diego Subarea Plan from the revised within Unit 6 (Subunits 6A, 6B, and 6C) Lands is not mapped or precisely designation of critical habitat for in this revised critical habitat identified (‘‘hard–lined’’) in the Western Navarretia fossalis will not result in designation. As described in our section Riverside County MSHCP. Rather, it is extinction of the species. The County of 4(b)(2) analysis below, we reached this based on textual descriptions of habitat San Diego Subarea Plan and ‘‘The determination in consideration of the conservation necessary to meet the Crosby at Rancho Santa Fe Habitat benefits associated with the designation conservation goals for all covered Management Plan’’ provide protection of each area in revised critical habitat species within the bounds of the and long–term management of lands balanced against the benefits of approximately 310,000 ac (125,453 ha) that meet the definition of critical excluding the area in the final critical Criteria Area and is interpreted as habitat for N. fossalis in Subunit 3A. habitat designation, including such implementation of the Western Additionally, the jeopardy standard of factors as (but not limited to) the Riverside County MSHCP takes place. section 7 of the Act for N. fossalis in existence of co–occurring listed species Specific conservation objectives in the Subunit 3A provides assurances that the (such as the San Diego and Riverside Western Riverside County MSHCP for species will not go extinct as a result of fairy shrimp species) resulting in Navarretia fossalis include providing exclusion from critical habitat redundant conservation measures, 6,900 ac (2,792 ha) of occupied or designation. The consultation implementation of conservation suitable habitat for the species in the requirements of section 7(a)(2) and the measures, and non–covered activities. MSHCP Conservation Area. This acreage attendant requirement to avoid jeopardy The Western Riverside County goal can be attained through acquisition to N. fossalis for projects with a Federal MSHCP is a large–scale, multi– or other dedications of land assembled nexus will provide significant jurisdictional HCP encompassing from within the Criteria Area (i.e., the protection to the species. Therefore, approximately 1.26 million ac (510,000 Additional Reserve Lands) or Narrow based on the above discussion we are ha) of land in western Riverside County. Endemic Plan Species Survey Area and

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through coordinated management of percent of those portions of the property 6D was conserved as a result of the existing PQP lands. We internally that provide long–term conservation Rancho Bella Vista HCP (Rancho Bella mapped a ‘‘Conceptual Reserve Design,’’ value for the species will be avoided Vista 1999, p. 2; CNLM 2009a, p. 1) and which illustrates existing PQP lands and until it is demonstrated that the the remainder of the land in Subunit 6D predicts the geographic distribution of conservation objectives for the species was conserved as a result of the the Additional Reserve Lands based on are met. Once the objectives are met, Assessment District 161 HCP (CNLM our interpretation of the textual avoided areas would be evaluated to 2009b, p. 1), both HCPs of which were descriptions of habitat conservation determine whether they should be incorporated into the larger, subregional necessary to meet conservation goals. released for development or included in Western Riverside County MSHCP upon Our Conceptual Reserve Design was the MSHCP Conservation Area (see its completion. In total, 100 percent of intended to predict one possible future Protection of Narrow Endemic Plant the lands in Subunit 6D are conserved configuration of the eventual Species; Western Riverside County and managed specifically for the approximately 153,000 ac (61,916 ha) of MSHCP, Volume 1, section 6.1.3, in purpose of preserving the vernal pool Additional Reserve Lands. The Western Dudek and Associates, Inc. 2003). habitat. Subunit 6E is conserved as part Riverside County MSHCP states that at The survey requirements, avoidance of the Santa Rosa Plateau Ecological least 6,900 ac (2,792 ha) of vernal pool and minimization measures, and Reserve. This Reserve has four and playa habitat suitable for N. fossalis management for Navarretia fossalis and landowners: the CDFG, the County of within the San Jacinto River, Mystic its PCEs provided for in the Western Riverside, the Metropolitan Water Lake, and Salt Creek areas will be Riverside County MSHCP are expected District of Southern California, and The included within the MSHCP to benefit this species on public and Nature Conservancy. The landowners Conservation Area (Service 2004b, p. private lands covered by the plan. We and the Service (which owns no land on 376; FWS–WRIV–870.19). determined that approximately 6,343 ac the Plateau) signed a cooperative Preservation and management of (2,567 ha) of private and permittee– management agreement on April 16, approximately 6,900 ac (2,792 ha) of owned or controlled PQP lands in Unit 1991 (Dangermond and Associates, Inc. Navarretia fossalis habitat under the 6 (Subunits 6A through 6E), within the 1991), and meet regularly to implement Western Riverside County MSHCP will Western Riverside County MSHCP Plan management of the Reserve (Riverside contribute to the conservation and Area, meet the definition of critical County Parks 2009, p. 2). The vernal ultimate recovery of this species. habitat for N. fossalis. Projects in areas pools within Subunit 6E are managed Navarretia fossalis is threatened meeting the definition of critical habitat and monitored to preserve the unique primarily by agricultural activities, for N. fossalis conducted or approved by vernal pool plants and animals that development, manure dumping (Roberts Western Riverside County MSHCP occur on the Santa Rosa Plateau. 2009, pp. 2–14), and fuel modification permittees are subject to the The other three units (Subunit 6A, 6B, actions within the plan area (Service conservation requirements of the and 6C) are not conserved or managed 2004b, pp. 369–378). The Western MSHCP. For projects that may impact N. for Navarretia fossalis at this time; Riverside County MSHCP will remove fossalis, various HCP policies (i.e., however, as the Western Riverside and reduce threats to N. fossalis and the Narrow Endemic Plant Species Policy, County MSHCP is implemented, we physical and biological features and the Riparian/Riverine and Vernal believe that additional areas in these essential to the conservation of the Pool Policy in Dudek and Associates, subunits may be conserved. Subunit 6A species as the plan is implemented by Inc. 2003) provide additional is 99 percent within the Narrow placing large blocks of occupied and conservation requirements. Endemic Plant Species Survey Area unoccupied habitat into preservation The Western Riverside County (NEPSSA), and Subunits 6B and 6C are throughout the Conservation Area. MSHCP incorporates several processes entirely within the NEPSSA. Therefore, Areas identified for preservation and that allow for Service oversight and biological surveys for N. fossalis will conservation include 13 of the known participation in program occur prior to development of any locations of the species at Skunk implementation. These processes suitable habitat within these subunits. Hollow, the Santa Rosa Plateau, the San include: Furthermore, Subunits 6A and 6B have Jacinto Wildlife Area, floodplains of the (1) Consultation with the Service on additional protections in place either San Jacinto River from the Ramona a long–term management and from past conservation efforts (such as Expressway to Railroad Canyon, and monitoring plan; the establishment of the San Jacinto upper Salt Creek west of Hemet. (2) Submission of annual monitoring Wildlife Area and the Metropolitan The Western Riverside County reports; Water District Upper Salt Creek Wetland MSHCP Conservation Area will (3) Annual status meetings with the Preserve), or through additional project maintain floodplain processes along the Service; and review requirements within the Criteria San Jacinto River and along Salt Creek (4) Submission of annual Area (Joint Project/Acquisition Review to provide for the distribution of implementation reports to the Service Process as described in the Western Navarretia fossalis to shift over time as (Service 2004b, pp. 9–10). Riverside County MSHCP (Service hydrologic conditions and seed bank Below, we provide a brief analysis of 2004b, pp. 23, 25; Western Riverside sources change. Additionally, the the lands in Unit 6 that we are County MSHCP, Volume 1, section 6.6.2 Western Riverside County MSHCP excluding under section 4(b)(2) of the in Dudek and Associates, Inc. 2003, pp. requires surveys for N. fossalis as part Act and lands we are including in the 6–82–6–84)). We anticipate that these of the project review process for public revised critical habitat designation, and areas will receive management that and private projects where suitable how each area is covered by the Western would benefit N. fossalis at some point habitat is present within a defined Riverside County MSHCP or other in the near future; however, at this time narrow endemic species survey area (see conservation measures. these areas do not receive active Narrow Endemic Species Survey Area Two of the subunits, Subunit 6D management that would benefit N. Map, Figure 6–1 of the Western (Skunk Hollow) and Subunit 6E (Mesa fossalis, as described further below. Riverside County MSHCP, Volume I, in de Burro), consist of lands that are A large portion of Subunit 6A (1,504 Dudek 2003). For locations with managed and already in permanent ac (609 ha), or approximately 35 positive survey results for N. fossalis, 90 conservation. The majority of Subunit percent) is within the San Jacinto

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Wildlife Area, a wildlife area owned Species shall be avoided until it is we are excluding within Units 6 and operated by CDFG. This area demonstrated that Conservation goals (Subunits 6D and 6E) are protected open consists of restored wetlands that for the particular species are met space or on private property, with no provide habitat for waterfowl and (Western Riverside County MSHCP, expected Federal nexus, including no wading birds, and seasonally flooded Volume 1, section 6.1.3 in Dudek and areas connected to navigable waters that vernal plain habitat along the San Associates, Inc. 2003, p. 6–39). The would typically result in a U.S. Army Jacinto River north of the Ramona Protection of Species Associated with Corps of Engineers’ Federal nexus. For Expressway that supports Navarretia Riparian/Riverine Areas and Vernal N. fossalis critical habitat where no fossalis. Though conserved from Pools guidelines require assessments of federally listed fairy shrimp occur, we development, the CDFG has not potentially significant project effects as believe it is unlikely there will be implemented a management plan that is required by CEQA (Western Riverside Federal nexus because projects that will beneficial to N. fossalis (E. Konno, County MSHCP, Volume 1, section 6.1.2 adversely modify critical habitat should CDFG Biologist, pers. comm. 2010) . In in Dudek and Associates, Inc. 2003, p. not occur in areas conserved under the addition to the portion of Subunit 6A 6–20). Western Riverside County MSHCP, and owned by CDFG, 68 percent (2,919 ac the U.S. Army Corps of Engineers The Benefits of Inclusion—Western (1,181 ha)) of the remaining land is (Corps) typically does not assume Riverside County MSHCP within the Criteria Area. Projects in this jurisdiction under section 404 of the area will be implemented through the The principle benefit of including an Clean Water Act (33 U.S.C. 1251 et seq.) Joint Project Review Process to ensure area in a critical habitat designation is when vernal pool complexes are not that the requirements of the MSHCP the requirement of Federal agencies to hydrologically connected to navigable permit and the Implementing ensure actions they fund, authorize, or waters of the United States. Agreement are properly met (Western carry out are not likely to result in the Furthermore, two federally listed fairy Riverside County MSHCP, Volume 1, destruction or adverse modification of shrimp species, Riverside fairy shrimp section 6.6.2 in Dudek and Associates, any designated critical habitat, the and vernal pool fairy shrimp Inc. 2003, p. 6–82); however, these areas regulatory standard of section 7(a)(2) of (Branchinecta lynchii), are also present are not currently conserved and the Act under which consultation is in some of the vernal pool habitat managed to benefit N. fossalis. completed. Federal agencies must managed under the Western Riverside The majority of Subunit 6B is within consult with the Service on actions that County MSHCP, and the terms and the Criteria Area (56 percent; 525 ac may affect critical habitat and must conditions of the biological opinion (212 ha) out of a total 943 ac (382 ha)) avoid destroying or adversely modifying (USFWS 2004b, pp. 11441153) would and projects in this area will be critical habitat. Federal agencies must also conserve N. fossalis. Therefore, we implemented through the Joint Project also consult with us on actions that may believe there will be indirect benefits to Review Process. A portion of this affect a listed species and refrain from N. fossalis in excluded areas covered by subunit is in the area referred to as West undertaking actions that are likely to the Western Riverside County MSHCP Hemet, which is under the jurisdiction jeopardize the continued existence of based on conservation actions achieved of the City of Hemet. Although the West such species. The analysis of effects to under the Act in habitat also occupied Hemet area is not conserved, the City is critical habitat is a separate and by a federally listed fairy shrimp actively working on addressing issues different analysis from that of the effects species. on sensitive vernal pool resources (such to the species. Therefore, the difference The consultation provisions under as updating the general plan), and in outcomes of these two analyses section 7(a) of the Act constitute the recently implemented an ordinance represents the regulatory benefit of regulatory benefits of designating lands against manure dumping, which is a critical habitat. For some species as critical habitat. As discussed above, threat to the species in this subunit (see (including Navarretia fossalis), and in Federal agencies must consult with us the Special Management some locations, the outcome of these on actions that may affect critical Considerations and Protection section). analyses will be similar, because effects habitat and must avoid destroying or Subunit 6C is not within the Criteria to habitat will often also result in effects adversely modifying critical habitat. Area for the Western Riverside County to the species. However, the regulatory Critical habitat may provide a regulatory MSHCP; however, impacts to the pools standard is different, as the jeopardy benefit for Navarretia fossalis when in this subunit should be avoided, analysis investigates the action’s impact there is a Federal nexus present for a minimized, or offset through to survival and recovery of the species, project that might adversely modify implementation of the Protection of while the adverse modification analysis critical habitat. Specifically, we expect Species Associated with Riparian/ investigates the action’s effects to the projects along the San Jacinto River Riverine Areas and Vernal Pools designated habitat’s contribution to would require a 404 permit under the guidelines and NEPSSA guidelines. For conservation. This will, in many Clean Water Act from the Corps. example, the NEPSSA guidelines instances, lead to different results and Therefore, critical habitat designation in include protection measures that require different regulatory requirements. Thus, Subunits 6A, 6B, and 6C will provide an surveys in suitable habitat for narrow critical habitat designations may additional regulatory benefit to the endemic species in an attempt to find provide greater benefits to the recovery conservation of N. fossalis by areas that should be considered as of a species than would listing alone. prohibiting adverse modification of priorities for Western Riverside County Federal agencies must consult with us habitat essential for the conservation of MSHCP Conservation Area acquisition on actions that may affect critical this species. (Western Riverside County MSHCP, habitat and must avoid destroying or As discussed above, the Western Volume 1, section 6.0 in Dudek and adversely modifying critical habitat. Riverside County MSHCP mandates Associates, Inc. 2003). Additionally, for Critical habitat may provide a regulatory protection of Navarretia fossalis habitat populations identified in NEPSSA benefit for Navarretia fossalis when considered necessary for survival and surveys, impacts to 90 percent of those there is a Federal nexus present for a recovery of the species. For locations portions of the property that provide for project that might adversely modify with positive survey results, impacts to long–term conservation value of the critical habitat. However, all of the 90 percent of portions of the property identified Narrow Endemic Plant approximately 866 ac (351 ha) of land that provide long–term conservation

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value for the species will be avoided Western Riverside County MSHCP reducing the educational benefits of (referring to the ephemeral wetland could be beneficial to the species including this land as critical habitat). habitat that supports N. fossalis and the because while the plan establishes We believe including areas in the N. local watershed area that allows the conservation goals for N. fossalis and fossalis revised critical habitat ephemeral wetland habitat to function identifies criteria for identifying habitat designation where manure dumping properly) until it is demonstrated that to be conserved, the critical habitat still occurs on non–conserved and non– the conservation objectives for the designation specifically identifies those managed lands will provide information species have been met (see Protection of lands essential to the conservation of to the public and local jurisdictions Narrow Endemic Plant Species; Western the species and which may require regarding the importance of addressing Riverside County MSHCP, Volume 1, special management considerations or this threat throughout the areas where section 6.1.3, in Dudek and Associates, protection. The process of proposing manure dumping occurs. Therefore, we Inc. 2003). However, the MSHCP does revised critical habitat provided an believe there is an overall significant not prohibit manure dumping and other opportunity for peer review and public educational conservation benefit of soil amendments in habitat that has not comment on habitat we determined critical habitat designation of essential yet been conserved. As discussed in meets the definition of critical habitat. habitat within Subunits 6A, 6B and 6C Comments 6, 13, and 22 below, this This process is valuable to land owners in the Western Riverside County threat is significant and ongoing within and managers in prioritizing MSHCP because designation will the Western Riverside County MSHCP conservation and management of specifically identify for the public and plan area (specifically in Subunits 6A, identified areas. Information on N. plan participants those areas essential 6B, and 6C) in habitat that has not been fossalis and its habitat also has been for conservation of the species that are conserved and managed to benefit the provided to the public in the past, not currently protected and managed species. Manure dumping is not a through meetings, educational materials under the plan, and particularly for covered activity under the plan. provided by the County of Riverside, areas outside of the City of Hemet where Therefore, for activities covered under and recommendations provided in our Ordinance 1666 has been enacted, will the plan, we believe that protections Recovery Plan for Southern California help educate the public about the provided by the designation of critical Vernal Pool Species (Service 1998). In threats to these areas posed by manure habitat will be partially redundant with general, we believe the designation of dumping. protections provided by the HCP; critical habitat for N. fossalis will The designation of Navarretia fossalis however, additional regulatory provide additional information for the critical habitat may also strengthen or protection from manure dumping and public concerning the importance of reinforce some of the provisions in other other soil amendments is needed in essential habitat in Subunits 6A, 6B, State and Federal laws, such as CEQA Subunits 6A, 6B, and 6C. and 6C that has not already been or NEPA. These laws analyze the Local ordinances may address available. potential for projects to significantly activities not covered by an HCP that affect the environment. In Riverside impact threatened or endangered The benefit of educating the public County, the additional protections species, particularly if they accompany about Navarretia fossalis habitat is associated with critical habitat may be permanent conservation and significant because the distribution of beneficial in areas not currently management of an area. For example, vernal pool and alkali playa habitat in conserved. Critical habitat may signal the City of Hemet enacted local Riverside County is not well known and the presence of habitat that is not Ordinance No. 1666 on April 9, 2002, to the importance of these habitat areas conserved or protected that could control the practice of dumping manure may not be known to the public. otherwise be missed in the review on biologically sensitive sites such as Activities that harm habitat where N. process for these other environmental the vernal pool complex along Salt fossalis occurs (including the associated laws. Creek (Subunit 6B). Although local watershed areas) are taking place In summary, we believe that Ordinance No. 1666 provides an added in Riverside County possibly due to the designating critical habitat is unlikely to level of protection above and beyond lack of public awareness. For example, provide regulatory benefits under the that provided by the Western Riverside manure dumping on private property Act in essential habitat areas that are County MSHCP (because manure along the San Jacinto River and in the currently conserved and managed. In dumping is not a covered activity under vicinity of the Wicker Road Pool is areas that are not currently conserved the Western Riverside County MSHCP), adversely affecting habitat within the and managed, we believe that there are and complements the regulatory Western Riverside County MSHCP plan significant regulatory and educational protection that would be provided by area (Roberts 2009, pp. 2–14). We have benefits that would result from critical critical habitat designation, these lands been working with permittees to habitat designation. The educational are not yet conserved and managed for implement ordinances that will help to benefits of designation are somewhat N. fossalis. control activities (such as manure reduced in the non-conserved portion of Another possible benefit of including dumping) that may impact the Subunit 6B within the City of Hemit lands in critical habitat is public implementation of the Western where an ordinance exists to protect N. education regarding the potential Riverside County MSHCP conservation fossalis habitat from manure dumping. conservation value of an area that may objectives. To date, the City of Hemet is help focus conservation efforts on areas the only Western Riverside County Benefits of Exclusion—Western of high conservation value for certain MSHCP permittee that has addressed Riverside County MSHCP species. Any information about the negative impacts (alters the physical We believe benefits would be realized Navarretia fossalis and its habitat that and biological features essential to the by forgoing designation of critical reaches a wide audience, including conservation of N. fossalis) that manure habitat for Navarretia fossalis on lands parties engaged in conservation dumping has on N. fossalis and its covered by the Western Riverside activities, is valuable. The inclusion of habitat through the enactment of County MSHCP including: lands in the N. fossalis critical habitat Ordinance 1666 (i.e., the ordinance that (1) Continuance and strengthening of designation that are owned by or under prevents manure dumping activities, our effective working relationships with the jurisdiction of the permittees of the thereby educating its citizens and all Western Riverside County MSHCP

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jurisdictions and stakeholders to land in Subunit 6E at Mesa de Burro are the partnership that we have with the promote conservation of N. fossalis and already managed and conserved, and Western Riverside County MSHCP its habitat; provide a benefit to N. fossalis. It is also permittees (including the City of (2) Allowance for continued unlikely that a project with a Federal Hemet), we believe that the meaningful collaboration and nexus will occur in Subunits 6D, and conservation value of including these cooperation in working toward 6E; therefore, designating these areas as non-conserved, non-managed lands as recovering this species, including critical habitat is unlikely to provide critical habitat outweighs the benefit of conservation benefits that might not significant regulatory benefit. exclusion. otherwise occur; Additionally, the educational benefits (3) Encouragement for local of critical habitat designation and the Exclusion Will Not Result in Extinction jurisdictions to fully participate in the potential benefits designation may of the Species—Subunits 6D and 6E, Western Riverside County MSHCP; and confer under other statutes (such as Western Riverside County MSHCP (4) Encouragement of additional HCP CEQA and NEPA) are also small in We determined that the exclusion of and other conservation plan Subunits 6D and 6E because these areas 866 ac (351 ha) of land in Unit 6 development in the future on other are already conserved and managed in (Subunits 6D and 6E) owned by or private lands for this and other federally perpetuity. Therefore, designation of N. under the jurisdiction of Western listed and sensitive species. fossalis critical habitat in Subunits 6D Riverside County MSHCP permittees The Western Riverside County or 6E will not provide a substantial from the revised designation of critical MSHCP provides substantial protection educational benefit. habitat for Navarretia fossalis will not and management for Navarretia fossalis In summary, we find that excluding result in extinction of the species. These and the physical and biological features lands from critical habitat in areas that areas are permanently conserved and essential to the conservation of the are receiving long-term conservation managed to provide a benefit to N. species, and addresses conservation and management for the purpose of fossalis and its habitat. Additionally, the issues from a coordinated, integrated protecting Navarretia fossalis (Subunits jeopardy standard of section 7 of the Act perspective rather than a piecemeal, 6D and 6E) will help preserve our provides assurances the species will not project-by-project approach (as would partnership with the County of go extinct as a result of exclusion from occur under sections 7 and 9 of the Act Riverside and other permittees in the critical habitat designation. The or smaller HCPs). Many landowners Western Riverside County MSHCP and consultation requirements of section perceive critical habitat as an unfair and encourage the conservation of lands 7(a)(2) and the attendant requirement to unnecessary regulatory burden given the associated with development and avoid jeopardy to N. fossalis for projects expense and time involved in implementation of future HCPs. These with a Federal nexus will provide developing and implementing complex partnership benefits are significant and significant protection to the species. regional and jurisdiction-wide HCPs, outweigh the small potential regulatory Therefore, based on the above such as the Western Riverside County and educational benefits of including discussion, we are excluding MSHCP (as discussed further in these already conserved and managed approximately 866 ac (351 ha) of Comment 22 below in the Summary of lands as critical habitat for N. fossalis. conserved and managed land in Unit 6 Comments and Recommendations With regards to lands within the City of (Subunits 6D and 6E) owned by or section of this rule). Exclusion of the Hemet, we acknowledge the City’s under the jurisdiction of Western Western Riverside County MSHCP lands proactive efforts to protect N. fossalis Riverside County MSHCP permittees from critical habitat would help through enactment of Ordinance 1666 from this revised critical habitat preserve the partnerships we developed prohibiting manure dumping in designation. essential N. fossalis habitat. This effort with the County of Riverside, the City Economics of Hemet, and other local jurisdictions somewhat reduces the regulatory and in the development of the Western educational benefits of designation of An analysis of the economic impacts Riverside County MSHCP, and foster that portion of Subunit 6B within the for the previous proposed critical future partnerships and development of City of Hemit. However, these lands are habitat designation for Navarretia future HCPs. not receiving long-term conservation fossalis was conducted and made In summary, we believe excluding and management to benefit N. fossalis. available to the public on August 31, land covered by the Western Riverside We find that including City of Hemet 2005 (70 FR 51742). That economic County MSHCP from critical habitat lands (Subunit 6B) and other non- analysis was finalized for the final rule could provide the significant benefit of conserved and non-managed lands to designate critical habitat for N. maintaining existing regional HCP within the Western Riverside County fossalis published in the Federal partnerships and fostering new ones. MSHCP (Subunits 6A and 6C) as critical Register on October 18, 2005 (70 FR habitat outweigh the benefits of 60658). The analysis determined that Weighing Benefits of Exclusion Against exclusion. We believe that critical the costs associated with critical habitat Benefits of Inclusion—Western habitat designation in these areas will for N. fossalis across the entire area Riverside County MSHCP provide additional regulatory protection considered for designation (across We reviewed and evaluated the under section 7(a) of the Act when there designated and excluded areas) were benefits of inclusion and benefits of is a Federal nexus, and act as an primarily a result of the potential effects exclusion for all lands owned by or educational tool for the public to lead to of critical habitat designation on land under the jurisdiction of Western conservation and management of N. development, flood control, and Riverside County MSHCP permittees as fossalis and its essential habitat. transportation. After excluding land in critical habitat for Navarretia fossalis. Therefore, designating these areas as Riverside and San Diego Counties from The benefits of including conserved and critical habitat for N. fossalis is likely to the 2004 proposed critical habitat (69 managed lands in the critical habitat provide a regulatory as well as FR 60110; October 7, 2004), the designation are small. All of the educational benefit to the species. While economic impact was estimated to be approximately 158 ac (64 ha) of land in we acknowledge that excluding these between $13.9 and $32.1 million over Subunit 6D at Skunk Hollow and all of areas under section 4(b)(2) of the Act the next 20 years. Based on the 2005 the approximately 708 ac (287 ha) of would provide a significant benefit to economic analysis, we concluded that

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the designation of critical habitat for N. Summary of Comments and We reviewed all comments received fossalis, as proposed in 2004, would not Recommendations from the peer reviewers and the public result in significant small business for substantive issues and new impacts. This analysis is presented in We requested written comments from information regarding the designation of the document making available the the public on the proposed rule to revise critical habitat for Navarretia fossalis. critical habitat for the Navarretia economic analysis published in the All comments are addressed in the fossalis during two comment periods. Federal Register on August 31, 2005 (70 following summary and incorporated The first comment period opened with into the final rule as appropriate. FR 51742). the publication of the proposed revised We prepared a new economic impact rule in the Federal Register on June 10, Peer Reviewer Comments analysis associated with this revised 2009 (74 FR 27588), and closed on Comment 1: One peer reviewer was critical habitat designation for August 10, 2009. The second comment supportive of the proposed revised Navarretia fossalis. In the revised DEA, period opened with the publication of critical habitat rule. The reviewer stated we evaluated the potential economic the availability of the DEA published in the proposed rule was well thought-out, effects on small business entities the Federal Register on April 15, 2010 based on sound data, and presented a resulting from implementation of (75 FR 19575) and closed on May 17, thorough analysis. The reviewer further conservation actions related to the 2010. During both public comment stated that Navarretia fossalis’ specific proposed revision to critical habitat for periods, we contacted appropriate needs for ephemerally wet habitats and N. fossalis. The analysis is based on the Federal, State, and local agencies; limited dispersal ability were estimated incremental impacts scientific organizations; and other appropriately analyzed and considered associated with the proposed interested parties and invited them to in the proposed revised rule. The rulemaking as described in sections 3 comment on the proposed rule to revise reviewer concluded our revised methods were thorough, logical and through 10 of the analysis. We critical habitat for this species and the biologically supported, and limited the announced the availability of the draft associated DEA. During the comment periods, we requested all interested proposed designation to areas necessary economic analysis in the Federal parties submit comments or information for maintaining N. fossalis persistence. Register on April 15, 2010 (75 FR related to the proposed revisions to Our Response: We appreciate the peer 19575). critical habitat, including (but not reviewer’s critical review. The final economics analysis limited to) the following: unit Comment 2: One peer reviewer stated determined that the costs associated boundaries; species occurrence that large, well-established Navarretia with critical habitat for Navarretia information and distribution; land use fossalis populations need to be fossalis, across the entire area designations that may affect critical protected; therefore, the reviewer considered for designation (both habitat; potential economic effects of the believe the definition of ‘‘core habitat ’’ designated and excluded areas), are proposed designation; benefits areas as relatively large areas of intact habitat with existing populations in the primarily a result of the potential effects associated with critical habitat proposed revised rule was reasonable. of critical habitat designation on designation; areas proposed for The reviewer further stated that limited transportation, land development, and designation and associated rationale for the non-inclusion or considered gene flow among populations and the flood control. The incremental range of soil and water conditions economic impact of designating critical exclusion of these areas; and methods used to designate critical habitat. among habitats suggest significant habitat was estimated to be between range-wide genetic variability of N. $846,000 and $1.2 million over the next During the first comment period, we fossalis; therefore, the reviewer believes 20 years using a 7 percent discount rate received 12 comments directly populations on the periphery of the ($70,000 and $100,000 annualized) addressing the proposed revised critical geographical range and those that (Entrix 2010, p. ES-3). The difference habitat designation, 4 from peer occupy unique non-core habitats are between the economic impacts reviewers and 8 from public important to species preservation. The projected with this designation organizations or individuals. During the reviewer stated that designating only compared to those in the 2005 second comment period, we received relatively large intact habitat areas as designation are due to the use of an one comment from local government critical habitat could lead to significant incremental analysis in this designation addressing the proposed critical habitat loss of genetic diversity and preclude rather than the broader coextensive designation and the DEA. We did not species’ survival and recovery and receive any requests for a public analysis used in the 2005 designation. therefore, agreed with our inclusion of hearing. Additionally, the economic analysis for both large and smaller areas for N. the 2005 designation included all Peer Review fossalis. 31,086 ac (12,580 ha) of essential habitat Our Response: We appreciate the peer while the 2010 analysis included only In accordance with our peer review reviewer’s critical review and have policy published on July 1, 1994 (59 FR the 7,609 ac (3,079 ha) that were incorporated their comments into the 34270), we solicited expert opinions proposed for designation. Based on the rule as appropriate. from four knowledgeable individuals Comment 3: One peer reviewer 2010 final economic analysis, we with scientific expertise that included offered technical and organizational concluded that the designation of familiarity with the species, the comments. The reviewer stated the critical habitat for N. fossalis, as geographic region in which it occurs, proposal writing style was professional proposed in 2009, would not result in and conservation biology principles and understandable. The reviewer noted significant small business impacts. This pertinent to the species. We received the proposal was better organized than analysis is presented in the Final responses from all four peer reviewers past critical habitat proposals on Economic Analysis of Proposed Revised who provided additional information, Navarretia fossalis, as well as other Critical Habitat Designation for clarifications, and suggestions that we critical habitat designations for listed Spreading Navarretia (FEA)(Entrix incorporated into the rule to improve species that occur in similar habitat, and 2010). the revised critical habitat designation. the use of tables to help explain

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differences between the 2005 and 2009 as a ‘‘large important population,’’ we do above as appropriate (see Primary proposals was helpful. The reviewer not share this opinion. We are not aware Constituent Elements section). further stated the usefulness of maps in of any formal definition of Comment 6: Regarding the Special the printed rule for public review of ‘‘occurrences’’ or descriptions of Management Considerations or specific units was limited, and the lack associated pools in a biologically Protection section of the proposed rule, of UTM coordinates and a 100-m grid delineated population. Mesa de Burro one peer reviewer recommended adding made it difficult for the public to contains a relatively large abundance of soil chemistry alteration and manure reproduce maps at different scales, observed individuals occupying dumping to the list of threats for overlay features with mapping multiple vernal pools, and we believe Navarretia fossalis. The reviewer stated programs, and confirm map accuracy. this description appropriately describes manure dumping has reduced or Our Response: We appreciate the peer the current level of scientific eliminated alkali vernal pools over large reviewer’s comments and will consider knowledge. In general, we are portions of the San Jacinto River flood this advice when publishing future conservative with use of the term plain and may now be the most proposed critical habitat designations. ‘‘population’’ because of the term’s significant immediate threat to N. Comment 4: One peer reviewer frequent misapplication in gray fossalis. The reviewer cited numerous commented on text in the Areas Needed literature. We refrain from using the communications with the Carlsbad Fish for Conservation: Core and Satellite term ‘‘population’’ to describe a and Wildlife Office in which the Habitat Areas section of the proposed geographically specific occupied area reviewer had documented manure rule. The reviewer stated since the unless data indicate appropriate rates of dumping in vernal pool habitat. Service clearly based these proposed genetic exchange exist among spatially Our Response: We considered the areas on new information, there should clustered individuals and a geographical suggested text edits to this revised have been a citation or explanation as to population distribution has been critical habitat rule and made changes why Mesa de Burro was considered a delineated. Therefore, we believe the as appropriate (see Special Management ‘‘core population.’’ The reviewer stated peer reviewer’s concerns regarding our Considerations or Protection section). they were able to verify reports of large use of inappropriate terminology are not We agree that manure dumping is a populations qualifying Mesa de Burro as well founded. We have edited the Areas significant threat to Navarretia fossalis, a ‘‘core population,’’ but the Mesa de Needed for Conservation: Core and and we agree that this activity is Burro site may not be biologically Satellite Habitat Areas section to clarify ongoing. We are in the process of equivalent with the other ‘‘core the above issues. working with local jurisdictions in population complexes.’’ The reviewer Comment 5: Regarding the discussion Western Riverside County (including defined ‘‘core population complexes’’ as of the PCEs in the proposed rule, one the County of Riverside) to address numerous vernal pools and argued the peer reviewer recommended changing, manure dumping through initiatives Mesa de Burro occurrence appears to be ‘‘During a typical seasonal flooding like Ordinance No. 1666 that was restricted to a small number of pools. period, alkali scrub vegetation expands enacted by the City of Hemet. We hope The reviewer suggested it was probably its distribution into deeper areas of the to work further with our partners in best to describe Mesa de Burro as a seasonally flooded alkali vernal plain Riverside County to reduce the threat of ‘‘large and important population,’’ since habitat and crowds out the more manure dumping (see also responses to it is not really a complex of populations ephemeral wetland species’’ to ‘‘During Comments 12 and 13 below, and the or occurrences. a typical seasonal flooding cycle, alkali Special Management Considerations or Our Response: We understand the scrub vegetation expands its Protection section of this rule). peer reviewer’s concern regarding the distribution during the dry periods into Comment 7: Regarding the Criteria ecological connotation of terms used for deeper areas of the seasonally flooded Used To Identify Critical Habitat the Navarretia fossalis critical habitat alkali vernal plains habitat...’’ The peer section of the proposed revised rule, one designation; however, we never used reviewer also stated that light to peer reviewer argued that based on data the terms ‘‘core population’’ or ‘‘core moderate disturbance can mask or for similar species, two or more negative population complexes’’ in the proposed suppress some PCEs within seasonally surveys during the past 10 years is an rule. The only term used in the flooded vernal alkali plains habitat. insufficient effort to confirm extirpation proposed revised rule and in this Therefore, the reviewer recommended in lightly disturbed habitat. The document with the word ‘‘core’’ is ‘‘core the final rule include the following reviewer advised that a lack of positive habitat area,’’ which is a descriptive qualification regarding habitat quality: surveys for a decade suggests a term of convenience. As described in ‘‘Seasonally flooded alkali vernal plain population is declining or scarce, but the proposed revised rule (74 FR 27588) can persist in light to moderately without significant habitat disturbance and the Areas Needed for Conservation: disturbed habitat that may obscure or as well, does not mean it is extirpated. Core and Satellite Habitat Areas section suppress expression of PCEs, especially The peer reviewer recommended that in of this rule, ‘‘core habitat area’’ denotes soil amendments and dryland farming circumstances where habitat has not those areas that contain the highest activities. Reasonably restorable habitat been significantly altered, the Service concentrations of N. fossalis and the is considered to have the applicable should not conclude absence based on largest contiguous blocks of habitat for PCEs within the San Jacinto River flood lack of documentation. In the case of this species and are therefore the most plain and at Old Salt Creek. Many of comprehensive but negative survey critical areas for conservation of this these sites, although currently in results, the peer reviewer believes 20 species. The term was not intended to degraded condition, are restorable and years would be a more reliable indicator be synonymous with similar terms used may be necessary to the recovery of the of population extirpation. The peer in other documents. The term ‘‘vernal species.’’ The peer reviewer also noted reviewer further noted that while this pool complex’’ is used in Table 3 to refer an apparent omission of the species’ change in methodology may not change to more than one geographically occurrence within the alkali Chino what areas meet the definition of critical proximal pool, but was not further series soils at Old Salt Creek. habitat for Navarretia fossalis, the defined. Our Response: We considered the limitations of current methods should Regarding the peer reviewer’s suggested edits provided by the peer be considered in future critical habitat suggested description of Mesa de Burro reviewer and made changes to the text analyses.

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Our Response: We appreciate the peer availability and condition does not revision increased the designated total reviewer’s concerns and have always necessarily equate to occupancy for Subunit 1A by 27 ac (11 ha), considered the argument that more than for vernal pools species because other reflected in Table 2. For more 20 years without positive survey data in habitat characteristics such as information, see the Summary of suitable habitat is an appropriate hydroperiod, pool depth, soil type and Changes From Previously Designated criterion for determining likely absence other physical features also play a role. and Proposed Revised Critical Habitat of Navarretia fossalis. We would like to Critical habitat designations are to use section. reassure the peer reviewer that we used the best available commercial and Comment 10: One peer reviewer more complex criteria than two negative scientific data to identify lands that we suggested there may not be sufficient surveys over a period of 10 years to believe contain the physical and data to demonstrate the Plum Canyon determine occupancy. Negative surveys biological features essential to the vernal pool in Subunit 1B meets the must have occurred under appropriate conservation of the species. Without definition of critical habitat. The conditions, while habitat status was also more site specific investigation on reviewer noted that although there are considered. As discussed in the Criteria occupancy for Subunit 5G, we cannot two collection records from 1996 and Used To Identify Critical Habitat ascertain for certain that all of the areas 2003, the CNDDB notes the ‘‘site section, we assume an area is currently are occupied solely on habitat status as requires more field work,’’ which occupied for areas where we had past recommended by the peer reviewer and usually means there is some debate on occupancy data unless: (a) Two or more have relied on our criteria for specific location or population status. rare plant surveys conducted during the occupancy as stated above. Please see The peer reviewer added they were not past 10 years did not find N. fossalis the response to Comment 7 above for able to confirm the location of this (providing the surveys were conducted further discussion regarding occupancy vernal pool through examination of in years where average rainfall amounts data and criteria used to identify critical aerial photographs. The peer reviewer for a particular area are reached during habitat. also recommended the western portion the rainy season (between October and We agree with the peer reviewer that of Subunit 3B should not be designated May)) and during the appropriate Subunit 5C meets the definition of critical habitat because Google Earth months to find this species (March, critical habitat. Based on information in imagery indicates this area has been April, and May); or (b) the site was our files inadvertently excluded from graded and is unlikely to ever support significantly disturbed since the last our initial Geographic Information the PCEs for this species. observation of the species at that System (GIS) analysis, we determined Our Response: We appreciate the peer location. Therefore, we believe our that the previously proposed Subunit 5C reviewer’s critical review. We current methodology is appropriate. (69 FR 60110; October 1, 2004) has considered the suggested changes and Comment 8: One peer reviewer documented occupancy within the past revised this final designation by expressed concerns regarding 10 years and meets the definition of removing the western portion of occupancy status of specific pools. The critical habitat. We proposed Subunit 3B as discussed in the reviewer argued the description of a designation of subunit 5C in our document making available the DEA (75 vernal pool in Subunit 5G (Otay Lakes) revision to the 2009 proposed. We FR 19575; April 15, 2010). However, we as partly unoccupied may be proposed adding subunit 5C in the believe Subunit 1B (Plum Canyon) inappropriate, because Navarretia document that made available the DEA meets the definition of critical habitat fossalis is likely still present if habitat for the proposed revised critical habitat because this subunit supports a stable is intact and minimally disturbed. The published in the Federal Register on occurrence of Navarretia fossalis, reviewer stated a better criterion for April 15, 2010 (72 FR 19575). We are occupancy determination would be designating subunit 5C as critical provides potential connectivity with habitat status within the vicinity of habitat in this final rule. Please see Subunit 1A, and likely supports a vernal pools, rather than a lack of edited Summary of Changes From the genetically distinct occurrence. We occupancy data for the past 10 years. 2009 Proposed Rule To Revise Critical believe Subunit 3B (Carroll Canyon) The peer reviewer stated they were not Habitat and Critical Habitat Units meets the definition of critical habitat necessarily suggesting that the vernal sections for more information. because it supports a stable occurrence pool ‘‘populations’’ at Otay River Valley Comment 9: One peer reviewer noted of N. fossalis and provides potential and Otay Lakes (Unit 5) be included in that although the proposal stated that connectivity between occurrences of N. critical habitat, only that the assumption slopes facing away from Cruzan Mesa fossalis in Subunits 3A and 3C. For of species’ absence may be false. were removed from Subunit 1A more information, see the Critical The peer reviewer also stated that (compared to the 2005 designation), an Habitat Units, Criteria Used To Identify because the vernal pool complex in examination of Google Earth imagery Critical Habitat, and Summary of Subunit 5C occurs within a core habitat indicated some of the mesa top was also Changes From Previously Designated area (Otay Mesa) that has experienced removed. The reviewer recommended and Proposed Revised Critical Habitat significant habitat loss, faces significant subunit boundaries be modified to sections. threats, and is identified in the Recovery include the full mesa top. Comment 11: One peer reviewer Plan as necessary for recovery, it seems Our Response: We appreciate the peer recommended multiple changes to the prudent to include it in critical habitat, reviewer’s critical review. We boundary of Subunit 6B as follows: or offer a more compelling argument for considered the suggested changes and (1) Remove a central section south of non-inclusion. revised the designated critical habitat Stetson Road that has been developed or Our Response: In such a scenario of boundary for Subunit 1A to include disturbed for many years; limited survey periods, we use the those areas containing the physical and (2) expand the eastern edge boundary available surveys as the best available biological features essential to the to include vernal pools at the western science. This situation underscores the conservation of the species. We end of the airport because this site need for us to address new information explained the revised proposed includes the PCEs, has documented as it is received. We understand the peer boundary in the document we historical occupation, includes pools reviewer’s concern and have considered published in the Federal Register on that are more reliably filled than pools their argument; however, habitat April 15, 2010 (75 FR 19575). The that were proposed for designation, and

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this land has a likely Federal Aviation areas with regard to the severity of this (2) The benefits of inclusion (non- Administration Federal nexus; threat; therefore, designation of critical redundant protections and education (3) include vernal pools and wet habitat where manure dumping can provided by critical habitat designation) depressions that form fairly reliably in occur would provide a significant are greater because conservation actions the northwest portion of the subunit; educational conservation benefit (see mandated by the HCP are not being (4) remove the drier area at the also response to Comments 6 and 13, implemented. northern end just south of Devonshire and the Western Riverside County Benefits provided by existing HCPs Road; and Multiple Species Habitat Conservation are not considered a benefit of exclusion (5) remove the eastern corner because Plan (Western Riverside County because they would remain in place it either has active residential MSHCP) section). regardless of critical habitat designation; development or an approved Comment 13: One peer reviewer however, they do minimize the benefits development proposal and is heavily believes that exclusion of lands owned of inclusion to the extent they are degraded. under the jurisdiction of the Western redundant with protection measures Our Response: We appreciate the peer Riverside County MSHCP permittees that would be provided by a critical reviewer’s critical review. We should not be excluded from critical habitat designation. As described in the considered the suggested changes and habitat based on partnership benefits. Application of Section 4(b)(2) of the Act revised the final critical habitat As an example, the peer reviewer stated section, the likelihood of a project with boundary as noticed in the NOA of the that areas along the San Jacinto River a Federal nexus occurring in Subunits DEA (75 FR 19575; April 15, 2010). For and near the city of Hemet have not 6D (Barry Jones Wetland Mitigation more information see the Summary of been adequately protected. These areas Bank) and 6E (PQP lands) in the Changes From the Proposed Revised were identified in the Western Riverside Western Riverside County MSHCP Rule and the Previous Critical Habitat revised critical habitat is small because Designation. County MSHCP as necessary for the conservation of Navarretia fossalis and these areas are currently conserved and Comment 12: One peer reviewer managed; therefore, the regulatory and believes that manure dumping should were excluded from the 2005 final critical habitat designation. The peer educational benefits of inclusion are be specifically mentioned in the section insignificant. Additionally, the portion of this critical habitat designation that reviewer asserted that habitat vandalism and incidental destruction in all vernal of Subunit 6B that is in the City of outlines activities that, when carried Hemet is protected by an ordinance that out, funded, or authorized by a Federal pools within the Western Riverside County MSHCP plan area have addresses illegal manure dumping, an agency, may affect critical habitat and, activity that is not covered by the therefore, should result in consultation continued, and in some areas increased, since the Western Riverside County Western Riverside County MSHCP; for Navarretia fossalis: Effects of Critical however, this area does not receive MSHCP was permitted. The peer Habitat Designation section, subsection long-term conservation and reviewer discussed at length and in (2) titled Application of the ‘Adverse management for the benefit of detail evidence that they believe Modification’ Standard section, Navarretia fossalis and its habitat. Due suggests land-owners who are aware of paragraph describing ‘‘Actions that to this additional protection from the conservation value of vernal pools would impact soil and topography.’’ The manure dumping, the benefits of are working to eradicate habitat rather peer reviewer argued that widespread inclusion of this portion of Subunit 6B than ‘‘partnering with regulators’’ to manure dumping along the San Jacinto as critical habitat are somewhat conserve it. Additionally, the peer River, which alters soil chemistry lessened. (reducing alkalinity and clay and silt reviewer argued that unlike other Regarding the benefits of exclusion, composition ratios) and topography approved HCPs, the reviewers believe the adequacy of Navarretia fossalis (elevates soil surface and suppresses the Service has evidence that the protection under an HCP is relevant to depressions formation), is a significant Western Riverside County MSHCP is the value of partnerships to the extent threat to the species. not providing the benefits ‘‘claimed to it demonstrates the overall conservation Our Response: We considered the justify exclusion in the proposed value of a regional HCP permit. We peer reviewer’s suggested edits when revised critical habitat rule.’’ The believe the Western Riverside County preparing this revised critical habitat reviewers further hypothesized that MSHCP generally incorporates ongoing rule and made changes to the Effects of should impacts continue at the rate and management and protection that should Critical Habitat Designation, magnitude as occurred during the first benefit the conservation of N. fossalis Application of the ‘Adverse 5 years of the Western Riverside County and its habitat over the long term. Please Modification’ Standard section. We MSHCP implementation, there could be refer to the Application of Section agree that manure dumping is a almost no habitat left in 5 years outside 4(b)(2) of the Act section for further significant threat to Navarretia fossalis the San Jacinto Wildlife Area and the discussion on the Western Riverside and the PCEs require special Metropolitan Water District Vernal Pool County MSHCP, including discussion management considerations or Preserve. on areas receiving long-term protection to reduce the threat (see the Our Response: We appreciate the peer conservation and management that we Special Management Considerations or reviewer’s concerns regarding adequate have excluded under section 4(b)(2) of Protection). The Western Riverside protection of Navarretia fossalis under the Act. County MSHCP does not prohibit the Western Riverside County MSHCP. Based on new information, we did permittees from engaging in manure Although not specifically stated by the find the benefits of inclusion in critical dumping on non-conserved lands where peer reviewer, the comment indicates habitat to be greater in some areas a Federal nexus is present and there is the reviewer believes: within the Western Riverside County no local ordinance to prevent dumping; (1) The benefits of exclusion (based MSHCP than we estimated in the therefore, we determined that primarily on partnerships benefits) October 18, 2005, critical habitat rule designation of critical habitat would would be lower than the benefits of (70 FR 60658). We determined that provide significant additional habitat inclusion because these partnerships designation of critical habitat for protection. We also determined that have provided less benefit to N. fossalis Navarretia fossalis would provide education has been inadequate in some to-date than anticipated; and significant additional habitat protection

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in Subunits 6A, 6B, and 6C. We came HCP permits that are not yet issued. The Jacinto Wildlife Area (under the to this determination because the reviewer stated draft plans provide no Western Riverside County MSHCP) may Western Riverside County MSHCP does guarantee that the final HCPs will negatively affect Navarretia fossalis. The not currently provide for the long-term provide adequate species conservation. expansion could benefit N. fossalis by conservation and management of N. Our Response: We did not exclude providing more habitat for this species; fossalis in these subunits, and the HCP any habitat from this revised critical however, ponding duration and exotic does not prohibit permittees from habitat designation that falls within the plant species used to increase the engaging in manure dumping activities plan area of an HCP permit that has not waterfowl habitat suitability could (a significant new threat on non- yet been issued. conflict with existing or expanded N. fossalis populations within the San conserved lands that was not identified Other Comments in the HCP or the associated biological Jacinto Wildlife Area. opinion (Service 2004b, pp. 369–378)). Comment 15: Two commenters Our Response: We appreciate all Therefore, in areas where a Federal provided biological information for our information provided. We are aware of nexus exists (see also Comments 6 and consideration. the San Marcos vernal pools 12 above), we concluded that the (1) One commenter provided information, which is identified in significant regulatory benefit of information about the presence of Table 2 as Subunit 4C1 in the San including the areas in critical habitat Navarretia fossalis at one location in Marcos Upham location. Additionally, outweigh the partnership benefits of San Marcos, California, including the Service regularly works with CDFG exclusion. We also determined that reference to a website with detailed to ensure that the seasonally flooded education to date has been inadequate biological information about this alkali vernal plain habitat in the San in some areas with regard to the severity location. The commenter indicated that Jacinto Wildlife Area continues to of manure dumping; therefore, they believe the future of the site is function and provide a benefit to designation of N. fossalis critical habitat uncertain and N. fossalis grows in the Navarretia fossalis and other sensitive where manure dumping can occur larger vernal pools onsite. species that use this habitat. We will would provide a significant educational (2) A second commenter stated that consider the information regarding the conservation benefit. although ‘‘scrub’’ habitat elements may proposed expansion of waterfowl ponds In summary, we found the benefits of expand into alkali playa, the more and wet soil management in portions of exclusion of lands covered by the common process currently observed is the San Jacinto Wildlife Area in future Western Riverside County MSHCP to be replacement of alkali playa by alkali conservation recommendations and greater than the minimal benefits of grassland (regarding the Primary decisions; however, we do not believe it including these lands in the critical Constituent Elements– Ephemeral is relevant to this revised critical habitat habitat designation for those areas that Wetland Habitat section of the proposed designation for N. fossalis. are currently conserved and managed rule). The second commenter also noted We considered the other information (i.e., Subunits 6D and 6E). Alternatively, that in some of the known species’ provided and edited this revised critical the benefits of inclusion are greater for localities, alkali grassland has become habitat rule as appropriate (see Primary non-conserved, non-managed lands dominated by species less commonly Constituent Elements—Ephemeral within the plan area (i.e., Subunit 6A, found in the wetter areas of the alkali Wetland Habitat and Background— 6B, and 6C). See the Application of playa, possibly due to alteration of Geographic Range and Status sections Section 4(b)(2) of the Act section hydrology. above). (particularly the Weighing Benefits of (3) The second commenter described Comment 16: One commenter Exclusion Against Benefits of distinct ‘‘riverine pools’’ characterized recommended that the total number of Inclusion—Western Riverside County by unique floristic elements, such as Navarretia fossalis localities be carefully MSHCP section) for a complete Trichocoronis wrightii (limestone reviewed and possibly updated discussion of the Western Riverside bugheal), which only occur with (regarding the Background— County MSHCP exclusion analysis. Navarretia fossalis within the San Geographic Range and Status section of Issues discussed by the peer reviewer, Jacinto River Unit. the proposed rule). The commenter while they may reflect valid concerns (4) The second commenter stated that stated that they believe the section with regard to HCP implementation, do ‘‘general anecdotal observations’’ of failed to cite some potentially important not reduce the benefits of exclusion for habitat conditions at the Salt Creek references, including Brown’s (2003) Subunits 6D and 6E. We believe that Seasonally Flooded Alkali Plain listing of ephemeral pools in western conservation is adequate in these areas indicate a recent decline in Navarretia Riverside County, and CNDDB as a result of the long-term conservation fossalis densities, especially at the collection records from the Elsinore- and management of Subunits 6D and 6E Stowe vernal pool. The commenter Murrieta area and from San Luis Obispo (see Benefits of Exclusion—Western acknowledged these observations may County. Riverside County MSHCP and the reflect a response to rainfall patterns, Our Response: Regarding the Weighing Benefits of Exclusion Against but stated the habitat does appear to suggested Background section citations, Benefits of Inclusion—Western have experienced drying of the the data in Brown’s (2003) record table Riverside County MSHCP sections). ephemeral wetlands and vernal pools, is part of our Service files and was However, we will consider the along with an expansion of Hordeum incorporated in our GIS database, we are information submitted by the peer marinum subsp. gussoneanum (cheat not aware of any CNDDB collection reviewer in our ongoing assessments of grass). records from the Elsinore-Murrieta area the Western Riverside County MSHCP, (5) The second commenter stated that (and none were provided by the and continue to work with permittees to a number of the larger vernal pools in commenter), and the San Luis Obispo ensure that the HCP is properly the Perris plain region occur on Willows County record has never been verified; implemented to benefit Navarretia soils. therefore, we did not include those fossalis and its habitat. (6) Finally, the second commenter suggested record citations in this final Comment 14: One peer reviewer noted the proposed expansion of rule. stated that the Service should not waterfowl ponds and wet soil Comment 17: Two commenters exclude habitat within the plan area of management in portions of the San expressed general opposition to revising

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critical habitat because of the resulting (75 FR 19575; April 15, 2010). As a believe we have designated all the costs to taxpayers and private result, the opportunity for public review specific occupied areas which are found companies. and comment prior to designation of those physical or biological features that Our Response: According to sections this revised critical habitat designation are essential to the conservation of the 3(5)(A) and 4(b) of the Act and our occurred as a result of an initial public species. We recognize that the implementing regulations under 50 CFR comment period between June 10, 2009, designation of critical habitat may not 424.12, we are required to designate and August 10, 2009, and a second include all of the habitat that may critical habitat for federally listed public comment period between April eventually be determined to be species. Following the listing of 15, 2010, and May 17, 2010. necessary for the recovery of Navarretia Navarretia fossalis in 1998 and the Comment 19: Two commenters fossalis, and critical habitat designations subsequent designation of the species’ recommended adding or removing areas do not signal that habitat outside the critical habitat in 2005, the Center for from the Navarretia fossalis proposed designation is unimportant or may not Biological Diversity filed a complaint on revised critical habitat. The first contribute to recovery. Areas outside the December 19, 2007, in the U.S. District commenter recommended proposed revised critical habitat designation will Court for the Southern District of revised critical habitat be expanded at continue to be subject to conservation California challenging the 2005 the ‘‘northern and southern boundaries’’ actions implemented under section designation. This lawsuit challenged the of the San Jacinto River subunit 7(a)(1) of the Act and regulatory validity of the information and (Subunit 6A). Specifically they protections afforded by the section reasoning we used to exclude areas from recommended proposed revised critical 7(a)(2) jeopardy standard and the the 2005 critical habitat designation for habitat be expanded at the following prohibitions of section 9 of the Act if N. fossalis. On July 25, 2008, the parties locations: actions occurring in these areas may reached a settlement agreement, in (1) At the northern boundary east to affect N. fossalis; these protections and which we agreed to reconsider the include pond areas within the San conservation tools will continue to critical habitat designation for the Jacinto Wildlife Area; contribute to recovery of this species. species. The action of revising the (2) Around 13th Street east of the The second commenter did not suggest designation is the result of our following County owned property; specific additional areas for inclusion in a court order. Therefore, while we (3) Eastward near Simpson Road in the proposed revised critical habitat acknowledge the commenters’ concern the area of San Jacinto Avenue to designation, and we are not aware of that revising critical habitat is costly, we include areas north of Ellis Avenue; any additional areas required for species do not have discretion with regard to (4) North of the San Jacinto river to recovery that should be proposed as completion of court-ordered actions (see near Redlands Avenue; revised critical habitat. Previous Federal Actions section above (5) To include the entire vernal pool Comment 20: One commenter for more information regarding found south off Case Road; suggested edits to the proposed revised completion of this revised rule). (6) South of the San Jacinto River, critical habitat rule text. The commenter Comment 18: Two commenters possibly to the boundary of Green stated that more information could have provided suggestions regarding the Valley Parkway; been included in the Background proposed critical habitat designation (7) Westward to include pools in the section of the proposed rule regarding review process. One commenter stated northwestern corner of the Hemet the different substrates, hydrology, and that graphics provided in the proposed Airport within the Salt Creek Seasonally habitat status of each core habitat area. rule did not allow detailed review of Flooded Alkali Plain; and The commenter also recommended we areas proposed as revised critical habitat (8) At the southern end of the expand our discussion of the extent of and thus recommended the Service post Wickerd Road and Scott Road locality. protection during the early phase of topographic maps or aerial photographs A second commenter asserted that the HCP implementation and for plant on the Internet during open comment proposed critical habitat designation species under the Act. The commenter periods. A second commenter requested falls short of the Act’s ‘‘recovery specifically recommended the following that no additional areas be proposed as requirement’’ by focusing solely on edits: revised critical habitat without species’ survival. They asserted in (1) Note that Navarretia fossalis is recirculation of the entire rule for notice particular that additional areas need to generally restricted to vernal pools and and comment. be proposed to ensure ecological alkali playas, and that in the alkali Our Response: We agree it would be features required for species’ recovery grasslands, this species is restricted to advantageous to provide more detailed are maintained, such as water quality, small vernal pools or other depressions graphics for public review and will inundation frequency, and habitat within this community (Background— consider the practicality of doing so connectivity. Habitat subsection); when publishing future proposed Our Response: We considered the (2) Note that suitability of critical habitat designations. changes suggested by the first hydrological conditions for the According to section 4(b)(5) of the Act commenter and revised this final germination of this species vary on an and the Administrative Procedure Act (5 revised critical habitat designation as annual basis, which means that N. U.S.C. Subchapter II), we are required to appropriate as discussed in the fossalis can be absent for a number of provide an adequate opportunity for the document making available DEA (75 FR years and the total number of plants can public to comment on any critical 19575; April 15, 2010). For more vary depending on the timing, duration, habitat rule. Although it is not fiscally information see the Summary of and extent of ponding (Background— practical for us to recirculate an entire Changes From the Proposed Revised Habitat subsection); rule for notice and comment, any areas Rule and the Previous Critical Habitat (3) Describe the unique nature of the proposed as revised critical habitat for Designation section and our response to ephemeral wetlands found along the Navarretia fossalis that are in addition Comment 11 San Jacinto River, especially how large to those listed in the proposed revised Regarding the second commenter’s scale flooding events, although critical habitat rule (74 FR 27588; June assertion that additional critical habitat uncommon, appear to maintain N. 10, 2009) were described in the areas need to be proposed to meet the fossalis habitat and provide a species document that made available the DEA ‘‘[Act’s] recovery requirement,’’ we dispersal mechanism (Primary

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Constituent Elements; Ephemeral (2) Discuss what habitat conservation HCP is being fully implemented, we Wetland Habitat subsection); has been or will be achieved under the agree that the protection afforded (4) Discuss the importance of specific Western Riverside County MSHCP at Navarretia fossalis and its essential microtopography required to provide important occupied localities; and habitat under the MSHCP is a relevant sufficient ponding duration (hydrology) (3) Note the presence of regionally consideration in our section 4(b)(2) to support this species and the threat significant vernal pools in addition to exclusion analysis. Exclusion is based posed by alteration of microtopography the areas of alkali playa and grassland; on our determination that the benefits of (Primary Constituent Elements; generally these pools are floristically exclusion outweigh the benefits of Ephemeral Wetland Habitat distinct from these communities. inclusion, and that exclusion of an area subsection); and Our Response: We appreciate these will not result in extinction of a species. (5) Mention a number of the larger editorial recommendations and have We found the benefits of exclusion of vernal pools in the Perris Plain region made changes to the text of this final lands covered by the Western Riverside occur on the Willows Soil Series rule, where appropriate (see County MSHCP to be greater than the (Primary Constituent Elements: Background, Primary Constituent minimal benefits of including these Topography and Soils that Support Elements, Criteria Used to Identify lands in the critical habitat designation Ponding During Winter and Spring Critical Habitat, Summary of Changes in areas that receive long-term subsection). From the Proposed Revised Rule and conservation and management for the With regard to PCEs in general, the the Previous Critical Habitat species and its habitat (i.e., Subunits 6D commenter stated: Designation, and Critical Habitat Units and 6E). For more information, see (1) The importance of overland water sections above). In some cases, the response to Comment 13 and the flow and the size of the local watershed amount of detail requested by the Application of Section 4(b)(2) of the Act required to maintain ephemeral commenter was not appropriate for the section for a detailed discussion. wetlands needs to be emphasized; and purpose of designating critical habitat; After public review and comment on (2) More information should be therefore some information was not the proposed revision to critical habitat provided on the current condition of the incorporated. for Navarretia fossalis, we determined Comment 21: Two commenters stated PCEs in each subunit. through our analysis under section that they believe lands owned or under The commenter made the following 4(b)(2) of the Act that the maximum the jurisdiction of the Western Riverside specific edit recommendations for the extent of allowable exclusions under the Criteria Used to Identify Critical County MSHCP permittees should be excluded from the revised Navarretia Western Riverside County MSHCP was Habitat section: limited to the exclusion of lands owned (1) Step 3 should be expanded to note fossalis critical habitat designation. The by or under the jurisdiction of the how total proposed area reductions in commenters argued for exclusion permittees of the Western Riverside essential habitat were determined and because the HCP already adequately County MSHCP in Subunits 6D and 6E the extent of local watershed inclusion provides for the survival and recovery of where lands are conserved and managed in a unit; and the species, and under section 6.9 of the in perpetuity (see Application of (2) Step 4 should include notes of any HCP and section 14.10 of the associated Section 4(b)(2) of the Act—Western recent field or site condition Implementing Agreement, no critical Riverside County Multiple Species observations. habitat should be designated in the HCP The commenter made the following Plan Area. The first commenter also Habitat Conservation Plan (Western specific edit recommendations for the argued that case law (‘‘15 vernal pool Riverside County MSHCP) section Summary of Changes from Previously species court case’’) supports exclusion above for a detailed discussion of the Designated Critical Habitat section of where the court upheld the exclusion of exclusion analysis. the proposed revised rule: the Western Riverside County MSHCP. We do not foresee additional effects of (1) Regarding ‘‘Cruzan Mesa’’ The second commenter stated that critical habitat designation on flood subsection, they stated the pools could although the Western Riverside Flood control operations along the San Jacinto not fill by overland flow of water on the Control and Water Conservation District River and within the Salt Creek mesa, and recommended we explain is a Western Riverside County MSHCP watershed as a result of mandated how the habitat could be self-sustaining permittee whose projects are currently habitat conservation actions. We believe if the watershed area outside of subject to the provisions of the HCP, any impacts to partnerships (a benefit of proposed revised critical habitat critical habitat designation may affect exclusion) would be outweighed by the boundaries was lost; the continued operation, maintenance, benefits of inclusion as explained above. (2) Regarding ‘‘Wickerd Road and and restoration of existing flood control Therefore, the commenter’s argument Scott Road’’ subsection, they stated more facilities as well as the construction of that lands owned by or under the information should be provided on the future flood control improvements along jurisdiction of Western Riverside current condition at this pool complex; the San Jacinto River and within the County MSHCP permittees should be and Salt Creek watershed. The second excluded because of possible impacts to (3) Regarding the ‘‘Santa Rosa Plateau’’ commenter also argued designating the flood control facilities and future subsection, they recommended critical habitat within the Western flood control improvements is not providing a summary of known Mesa de Riverside County MSHCP Plan adequately supported. Burro species’ distribution information. boundaries would create duplicative Comment 22: Two commenters The commenter made the following regulatory efforts without any additional suggested that the Service should not specific edit recommendations for the benefits to the species. exclude lands owned or under the Critical Habitat Units section of the Our Response: With regard to the jurisdiction of the Western Riverside proposed revised rule: commenters’ assertions that lands County MSHCP permittees from the (1) Expand the discussion of current owned or under the jurisdiction of the revised Navarretia fossalis critical habitat conditions and threats regarding Western Riverside County MSHCP habitat designation. The first commenter the ‘‘San Jacinto River’’ and ‘‘Salt Creek should be excluded because the HCP opposed to exclusion argued that no Seasonally Flooded Alkali Plain’’ adequately provides for the survival and biological benefits are achieved by subsections; recovery of the species, or because the excluding habitat within HCP Plan areas

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from critical habitat designation exclusion outweigh the benefits of of designation will outweigh the because: inclusion, and that exclusion of an area benefits of exclusion. (1) Research demonstrates species will not result in extinction of a species. Regarding the comment that areas with designated critical habitat are less We found the benefits of exclusion of should be included in critical habitat likely to be declining, and twice as lands covered by the Western Riverside designation because they require special likely to be recovering, than species County MSHCP to be greater than the management considerations or without critical habitat (cited Taylor et minimal benefits of including these protection, this language refers to the al. 2005); lands in the critical habitat designation definition of critical habitat, not the (2) The Western Riverside County in areas that are currently receiving exclusion process. Section 3(5)(A)(i) of MSHCP fails to address degradation of long-term conservation and the Act defines critical habitat, in part, habitat inside the reserves, especially management to benefit the species (i.e., as areas which may require special the ongoing problem of manure Subunits 6D and 6E). For more management considerations or dumping activities; and information, see response to Comment protection. Section 4(b)(2) of the Act (3) There are nonsignatory agencies 13 and the Application of Section directs the Secretary to consider the that have jurisdiction within the 4(b)(2) of the Act section for a detailed impacts of designating such areas as Western Riverside County MSHCP plan discussion. critical habitat and provides the area who conduct activities outside of We do not agree with the commenter Secretary with discretion to exclude the HCP process that require section 7 that Taylor et al.’s (2005, pp. 360–367) particular areas if the benefits of consultation. conclusions compel a finding that lands exclusion outweigh the benefits of The second commenter opposed to covered by the Western Riverside inclusion. In this rule, we do not state exclusion gave the following reasons: County MSHCP should be included in that areas that are being adequately (1) Critical habitat designation the revised Navarretia fossalis critical managed and protected do not meet the provides potential for enhanced habitat designation. The results of definition of critical habitat under protection and recovery of this species Taylor et al. (2005, pp. 360–367) do section 3(5)(A) of the Act. Rather, we within the HCP plan area, because these indicate a significant conservation considered the management and areas require ‘‘special management benefit of critical habitat designation; protection of particular areas that do considerations or protection,’’ and it is however, that study did not analyze or meet the definition of critical habitat in not a ‘‘hindrance to the conservation discuss the effects of HCP-based our exclusion analyses under section process’’; exclusions or the above-described 4(b)(2) of the Act. Please see Critical (2) Habitat continues to be lost due to exclusion determination process for N. Habitat and Application of Section the common practices of disking, soil fossalis. The benefits of excluding lands 4(b)(2) of the Act sections above for amendment, and hydrology alteration covered by a particular HCP based on more detailed discussions of the within the plan area because the partnerships must be analyzed definition of critical habitat and Western Riverside County MSHCP does independently and balanced against the exclusion analyses. not address these existing land use benefits of inclusion (based on Comment 23: One commenter practices and did not provide protections provided by critical habitat requested that if we designate new procedures for conserving specific that are not redundant with HCP critical habitat, the revised critical populations of Navarretia fossalis; protections) because HCPs: habitat rule should include clear (3) The benefits of critical habitat (1) Are variable in scope; guidance to other Federal agencies by designation are especially great along (2) Contain variable conservation and stating that proof of Western Riverside the San Jacinto River, (Upper) Salt management planning efforts; and County MSHCP compliance will allow Creek, and the Wickerd Road and Scott (3) Use species abundance trends that the agency to make a ‘‘no effect’’ Road vernal pools because threats are may not be apparent for many years to determination with regard to projects in high and there is a potential Federal determine effects of conservation designated critical habitat to ensure that nexus in this area; and measures. section 7 consultations are consistent (4) The proposed flood control plan Therefore, the general conclusions in with the Western Riverside County for the San Jacinto River is a covered the literature cited by the commenter do MSHCP and are completed in a timely activity under the Western Riverside not warrant the specific conclusion that manner. County MSHCP and the loss of all essential habitat covered by HCPs Our Response: A ‘‘no effect’’ infrequent, major flooding events may should be included in critical habitat. determination is the appropriate negatively affect the ‘‘metapopulation We agree with the commenter that determination when the Federal action ecology’’ (dispersal required to when there are agencies with agency determines its proposed action recolonize pools where subpopulations jurisdiction in the HCP plan area that will not affect a listed species or have been extirpated) of N. fossalis. are not HCP signatories who may designated critical habitat. This requires Our Response: With regard to the conduct activities requiring section 7 a project (and species-specific) commenters’ assertions that lands consultation; the regulatory benefits of evaluation and analysis of effects to owned or under the jurisdiction of the critical habitat designation may be reach a ‘‘no effect’’ determination. Western Riverside County MSHCP higher in situations where the likely Therefore, we are unable at this time to should not be excluded because the protections afforded through the section concur with any ‘‘no effect’’ HCP may not adequately provide for the 7 consultation are not redundant with, determinations made by other Federal survival and recovery of the species, or but would go beyond, those afforded agencies for any future projects that may because is not being fully implemented, under the HCP. However the benefits of occur in Navarretia fossalis critical we agree that the protection afforded including or excluding particular areas habitat. Navarretia fossalis and its essential may vary even within a specific HCP, Comment 24: One commenter habitat under the Western Riverside and determining those relative benefits requested that we exclude Subunit 4E County MSHCP is a relevant requires an evaluation of the from the revised critical habitat consideration in our section 4(b)(2) circumstances affecting each area. The designation for Navarretia fossalis based exclusion analysis. Exclusion is based mere fact that a Federal nexus exists on partnership benefits. They stated the on our determination that the benefits of does not mean that regulatory benefits Ramona Grasslands Open Space

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Preserve in Subunit 4E is being (2) The MSCP fails to address integrated natural resources managed and monitored according to degradation of habitat inside the management plan (INRMP) prepared Area Specific Management Directives conserved areas, especially where illegal under section 670a of this title, if the built from the scientific framework laid OHV activities have ‘‘severely’’ impacted Secretary determines in writing that out in the Framework Management and vernal pools; and such plan provides a benefit to the Monitoring Plan for the Ramona (3) There are nonsignatory agencies species for which critical habitat is Grasslands Open Space Preserve: San that have jurisdiction within the MSCP proposed for designation.’’ (See Diego County. The commenter further plan area who conduct activities outside Application of Section 4(a)(3) of the Act stated that preserve management goals of the HCP process that require section section above for further discussion). will be revised and updated to comply 7 consultation. We determined the INRMPs for MCB with the requirements of the North The second commenter stated the Camp Pendleton and MCAS Miramar County MSCP once it is approved. The MSCP provides for the conservation of (Marine Corps Base Camp Pendleton commenter provided a list of current Navarretia fossalis and therefore lands 2007; Gene Stout and Associates et al. management actions and specific goals owned by or under the jurisdiction of 2006) provide benefits to Navarretia for the conservation of N. fossalis. permittees should be excluded from fossalis; therefore, the Act mandates we Our Response: As discussed in the critical habitat designation under exempt these military bases from critical responses to Comments 13 and 21, section 4(b)(2) of the Act. habitat designation (see Application of exclusions under section 4(b)(2) of the Our Response: A decision to exclude Section 4(a)(3) of the Act section above Act are not based on partnership lands from critical habitat is based on an for further discussion). benefits alone, but whether the benefits evaluation of the benefits of exclusion Comment 27: One commenter stated of exclusion outweigh the benefits of in comparison to the benefits of that no areas should be excluded from inclusion. We reviewed the Area inclusion. Please see response to critical habitat designation based on Specific Management Directives Comment 13 above regarding arguments HCPs that have not been finalized and referenced by the commenter and for and against exclusion of lands implemented because there is no determined that they do describe and owned by or under the jurisdiction of guarantee that proposed HCPs will be provide beneficial conservation regional HCP permittees. We found the finalized. measures for Navarretia fossalis that are benefits of exclusion of lands covered Our Response: We did not exclude redundant with conservation measures by the County of San Diego Subarea any habitat from this revised critical provided by critical habitat designation, Plan under the MSCP outweighed the habitat designation within the plan area and therefore would reduce the benefits benefits of inclusion for areas that are of an HCP permit that has not yet been of inclusion in critical habitat if receiving long-term conservation and issued (see responses to Comments 14 implementation were assured into the management (Subunit 3A); however, we and 24). future. When considering the benefits of found that the benefits of inclusion Comment 28: One commenter stated exclusion, we consider a variety of outweighed the benefits of exclusion on that areas of Unit 6 covered by the factors, including but not limited to lands that are currently not conserved Western Riverside County MSHCP whether the plan is finalized (i.e., and being impacted by activities that should be excluded from critical habitat approved by all parties) and there is a were not covered by the County of San designation based on the Service’s reasonable expectation that Diego Subarea Plan because there were permitting Biological Opinion for the conservation management strategies and potential significant benefits to the Western Riverside County MSHCP actions will be implemented into the conservation of Navarretia fossalis that (Service 2004b) for several reasons: future (see Application of Section may come from the designation of (1) The Service’s reasoning in the 4(b)(2) of the Act section for further critical habitat on these lands (Subunits 2005 rule that excluded the same areas discussion). The HCP under which 5B, 5F, and 5I). See response to in the 2005 designation; these measures will be assured of future Comment 13 and 22 and Application of (2) The proposed designation of these implementation is not yet finalized; Section 4(b)(2) of the Act section for a areas covered by the Western Riverside therefore, we determined the benefits of complete discussion. County MSHCP is not beneficial to the exclusion do not outweigh the benefits Comment 26: One commenter species; of inclusion for lands within the recommended critical habitat be (3) The Western Riverside County Ramona Grasslands Open Space designated on military bases where MSHCP precludes designation of critical Preserve portion of Subunit 4E from N. applicable, and stated it is not habitat; fossalis critical habitat designation at appropriate to rely on integrated natural (4) Several species for which critical this time. resources management plans (INRMPs) habitats were not designated occur on Comment 25: Two commenters for protection of Navarretia fossalis. Western Riverside County MSHCP expressed concerns regarding the Our Response: We do not have covered lands; and inclusion or exclusion of lands owned discretion to designate critical habitat (5) The idea that designations of or under the jurisdiction of MSCP on the military bases within proposed critical habitat within the Western permittees in the Navarretia fossalis revised critical habitat as suggested by Riverside County MSHCP ultimately final revised critical habitat designation. the commenter. The National Defense function as disincentives to such The first commenter opposed to Authorization Act for Fiscal Year 2004 planning processes. exclusion argued that no biological (Pub. L. 108–136) amended the Act to Our Response: For lands within the benefits are achieved by excluding limit areas eligible for designation as jurisdiction of the Western Riverside habitat within HCP plan areas from critical habitat. Specifically, section County MSHCP, this rule excludes a critical habitat designation because: 4(a)(3)(B)(i) of the Act (16 U.S.C. portion (Subunits 6D and 6E) and (1) Research demonstrates species 1533(a)(3)(B)(i)) now provides: ‘‘The includes the remaining covered lands with designated critical habitat are less Secretary shall not designate as critical (Subunits 6A, 6B, and 6C) as designated likely to be declining, and twice as habitat any lands or other geographical critical habitat. When we conduct an likely to be recovering, than species areas owned or controlled by the exclusion analysis under section 4(b)(2) without critical habitat (cited Taylor et Department of Defense, or designated of the Act, each exclusion is based on al. 2005); for its use, that are subject to an weighing the benefits of exclusion with

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the benefits of inclusion. We found the Required Determinations include manufacturing and mining benefits of exclusion of lands covered concerns with fewer than 500 Regulatory Planning and Review— employees, wholesale trade entities by the Western Riverside County Executive Order 12866 MSHCP to be greater than the minimal with fewer than 100 employees, retail benefits of including these lands in the The Office of Management and Budget and service businesses with less than $5 critical habitat designation in areas that (OMB) has determined that this rule is million in annual sales, general and receive long-term conservation and not significant and has not reviewed heavy construction businesses with less this rule under Executive Order 12866 management of the species and its than $27.5 million in annual business, (E.O. 12866). OMB bases its habitat (i.e., Subunits 6D and 6E). Please special trade contractors doing less than determination upon the following four see the Application of Section 4(b)(2) of $11.5 million in annual business, and criteria: agricultural businesses with annual the Act section for a detailed discussion (1) Whether the rule will have an sales less than $750,000. To determine on our exclusion analyses (including annual effect of $100 million or more on if potential economic impacts to these why areas covered by the Western the economy or adversely affect an small entities are significant, we Riverside County MSHCP that are economic sector, productivity, jobs, the considered the types of activities that designated as critical habitat are environment, or other units of the might trigger regulatory impacts under beneficial to the species) for those areas government. this rule, as well as types of project we considered for exclusion in the (2) Whether the rule will create modifications that may result. In proposed revised critical habitat inconsistencies with other Federal general, the term ‘‘significant economic designation (74 FR 27588), the agencies’ actions. impact’’ is meant to apply to a typical associated document announcing the (3) Whether the rule will materially small business firm’s business DEA (75 FR 19575), and our response to affect entitlements, grants, user fees, operations. Comment 13. loan programs, or the rights and To determine if the revised obligations of their recipients. designation of critical habitat for With regard to the commenters (4) Whether the rule raises novel legal Navarretia fossalis would significantly concern of designating areas in this rule or policy issues. affect a substantial number of small that were excluded in the 2005 critical entities, we consider the number of habitat designation, we did not Regulatory Flexibility Act (5 U.S.C. 601 et seq.) small entities affected within particular designate areas containing essential types of economic activities, such as habitat features if those habitat features Under the Regulatory Flexibility Act residential and commercial were already conserved and managed (RFA; 5 U.S.C. 601 et seq.), as amended development. We apply the ‘‘substantial for the benefit of Navarretia fossalis by the Small Business Regulatory number’’ test individually to each because we concluded that the areas did Enforcement Fairness Act (SBREFA) of industry to determine if certification is not meet the second part of the 1996 (5 U.S.C. 801 et seq.), whenever an appropriate. However, the SBREFA does definition of critical habitat under agency is required to publish a notice of not explicitly define ‘‘substantial section 3(5)(a)(i) of the Act. We have rulemaking for any proposed or final number’’ or ‘‘significant economic reconsidered our approach in this rule rule, it must prepare and make available impact.’’ Consequently, to assess in light of subsequent court decisions for public comment a regulatory whether a ‘‘substantial number’’ of small and have decided that areas containing flexibility analysis that describes the entities is affected by this designation, effect of the rule on small entities (small essential habitat features that ‘‘may this analysis considers the relative businesses, small organizations, and require’’ special management number of small entities likely to be small government jurisdictions), as considerations or protection do meet the impacted in an area. In some described below. However, no circumstances, especially with critical definition of critical habitat irrespective regulatory flexibility analysis is required of whether the habitat features are habitat designations of limited extent, if the head of an agency certifies the rule we may aggregate across all industries currently receiving special management will not have a significant economic and consider whether the total number or protection. See the Summary of impact on a substantial number of small of small entities affected is substantial. Changes From the 2005 Final entities. The SBREFA amended RFA to In estimating the number of small Designation of Critical Habitat section require Federal agencies to provide a entities potentially affected, we also for further discussion of why some areas certification statement of the factual consider whether their activities have were included as critical habitat in this basis for certifying that the rule will not any Federal involvement. rule that were excluded in the 2005 have a significant economic impact on Designation of critical habitat only rule. a substantial number of small entities. affects activities authorized, funded, or With regard to the commenter’s belief In this final rule, we are certifying that carried out by Federal agencies. Some that critical habitat should not be the critical habitat designation for kinds of activities are unlikely to have designated in the Western Riverside Navarretia fossalis will not have a any Federal involvement and so will not County MSHCP Plan Area based on significant economic impact on a be affected by critical habitat language in section 6.9 of the HCP and substantial number of small entities. designation. In areas where the The following discussion explains our Navarretia fossalis is present, Federal the associated Implementing rationale. agencies already are required to consult Agreement, section 14.10 of the According to the Small Business with us under section 7 of the Act on Implementing Agreement does not Administration, small entities include activities they authorize, fund, or carry preclude critical habitat designation small organizations, such as out that may affect the species. Federal within the plan area (Dudek and independent nonprofit organizations; agencies also must consult with us if Associates 2003, p. 63). See our small governmental jurisdictions, their activities may affect critical response to Comment 20 for a including school boards and city and habitat. Designation of critical habitat, discussion of why critical habitat is not town governments that serve fewer than therefore, could result in an additional precluded under an HCP Implementing 50,000 residents; and small businesses economic impact on small entities due Agreement. (13 CFR 121.201). Small businesses to the requirement to reinitiate

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consultation for ongoing Federal significant economic effect on a statute, or regulation that would impose activities (see Application of the substantial number of small entities. an enforceable duty upon State, local, or ‘‘Adverse Modification’’ Standard The total number of small businesses Tribal governments, or the private section). impacted annually by the designation is sector, and includes both ‘‘Federal In our final economic analysis of the estimated to be two, with an annualized intergovernmental mandates’’ and critical habitat designation, we impact of approximately of $10,565 to ‘‘Federal private sector mandates.’’ evaluated the potential economic effects $40,644. This impact is less than 10 These terms are defined in 2 U.S.C. on small business entities resulting from percent of the total incremental impact 658(5)-(7). ‘‘Federal intergovernmental implementation of conservation actions identified for development activities mandate’’ includes a regulation that related to the revised designation of and may be an overestimate of the ‘‘would impose an enforceable duty critical habitat for Navarretia fossalis. impacts considering that not all upon State, local, or [T]ribal The analysis is based on the estimated developers will be small and that some governments’’ with two exceptions. It impacts associated with the rulemaking of these costs may be passed on to excludes ‘‘a condition of Federal as described in sections 3 through 9 of landowners. Based on the above assistance.’’ It also excludes ‘‘a duty the analysis and evaluates the potential reasoning and currently available arising from participation in a voluntary for economic impacts related to: information, we concluded this rule Federal program,’’ unless the regulation residential, commercial and industrial would not result in a significant ‘‘relates to a then-existing Federal development; conservation lands economic impact on a substantial program under which $500,000,000 or management; transportation; pipeline number of small entities for more is provided annually to State, projects; flood control; agriculture; and transportation, development, and flood local, and tribal governments under fire management (Entrix 2010, p. A-1). control impacts as identified in the FEA entitlement authority,’’ if the provision The FEA estimates the total incremental (Entrix 2010, pp. A-1–A-4). Therefore, would ‘‘increase the stringency of impacts associated with development as we are certifying that the designation of conditions of assistance’’ or ‘‘place caps a whole to be $112,000 to $431,000 over critical habitat for Navarretia fossalis upon, or otherwise decrease, the Federal the 20–year timeframe of the FEA. The will not have a significant economic Government’s responsibility to provide FEA identifies incremental impacts to impact on a substantial number of small funding,’’ and the State, local, or Tribal small entities to occur only in the entities, and a regulatory flexibility governments ‘‘lack authority’’ to adjust development sector (Entrix 2010, p. A- analysis is not required. accordingly. At the time of enactment, 2). The other categories of projects these entitlement programs were: either will have no impacts Energy Supply, Distribution, or Use— Executive Order 13211 Medicaid; Aid to Families with (conservation land management, Dependent Children work programs; On May 18, 2001, the President issued pipeline projects, agriculture, or fire Child Nutrition; Food Stamps; Social Executive Order 13211 (E.O. 13211; management) or are Federal, State, or Services Block Grants; Vocational ‘‘Actions Concerning Regulations That public entities not considered small or Rehabilitation State Grants; Foster Care, Significantly Affect Energy Supply, exceed the criteria for small business Adoption Assistance, and Independent Distribution, or Use’’) on regulations that status (Entrix 2010, pp. A-1–A-2). Of the Living; Family Support Welfare significantly affect energy supply, approximately 3,143 ac (1,272 ha) land Services; and Child Support distribution, and use. E.O. 13211 considered developable in the Enforcement. ‘‘Federal private sector requires agencies to prepare Statements designation, only 1,130 ac (457 ha) has mandate’’ includes a regulation that been forecasted to be developed over the of Energy Effects when undertaking ‘‘would impose an enforceable duty next 20–year timeframe (Entrix 2010, p. certain actions. OMB has provided upon the private sector, except (i) a A-3). The FEA equates this acreage to 38 guidance for implementing this condition of Federal assistance or (ii) a projects, with one developer per project Executive Order that outlines nine duty arising from participation in a (Entrix 2010, p. A-3). The FEA outcomes that may constitute ‘‘a voluntary Federal program.’’ summarizes that two developers significant adverse effect’’ when annually may be affected by the compared to not taking the regulatory The designation of critical habitat designation of critical habitat resulting action under consideration. The does not impose a legally binding duty in total annualized incremental impacts economic analysis finds that none of on non-Federal Government entities or to small entities of $10,565 to $40,644 these criteria are relevant to this private parties. Under the Act, the only (Entrix 2010, pp. A-3, A-4). The FEA analysis. Thus, based on information in regulatory effect is that Federal agencies assumes all developers are considered the economic analysis, energy-related must ensure that their actions do not small and states that this estimate may impacts associated with Navarretia destroy or adversely modify critical overstate impacts if not all of the fossalis conservation activities within habitat under section 7. While non- developers are small (Entrix 2010, p. A- critical habitat are not expected. As Federal entities that receive Federal 4). The FEA also states (Section 3 of the such, the designation of critical habitat funding, assistance, or permits, or that FEA) that where substitute land is is not expected to significantly affect otherwise require approval or readily available to developers, costs energy supplies, distribution, or use. authorization from a Federal agency for will be passed on to affected Therefore, this action is not a significant an action, may be indirectly impacted landowners in the form of decreased energy action, and no Statement of by the designation of critical habitat, the land value and that under such Energy Effects is required. legally binding duty to avoid circumstances most of the costs will not destruction or adverse modification of be borne by developers (Entrix 2010, p. Unfunded Mandates Reform Act (2 critical habitat rests squarely on the A-4). Please refer to our final economic U.S.C. 1501 et seq.) Federal agency. Furthermore, to the analysis of critical habitat designation In accordance with the Unfunded extent that non-Federal entities are for N. fossalis for a more detailed Mandates Reform Act, the Service indirectly impacted because they discussion of potential economic makes the following findings: receive Federal assistance or participate impacts. (1) This rule will not produce a in a voluntary Federal aid program, the In summary, we considered whether Federal mandate. In general, a Federal Unfunded Mandates Reform Act would this designation would result in a mandate is a provision in legislation, not apply, nor would critical habitat

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shift the costs of the large entitlement in California. The designation may have prepare environmental analyses as programs listed above onto State some benefit to these governments defined by NEPA in connection with governments. because the areas that contain the designating critical habitat under the (2) As discussed in the FEA of the features essential to the conservation of Act. We published a notice outlining revised designation of critical habitat for the species are more clearly defined, our reasons for this determination in the Navarretia fossalis, we do not believe and the primary constituent elements of Federal Register on October 25, 1983 that this rule would significantly or the habitat necessary to the conservation (48 FR 49244). This position was upheld uniquely affect small governments of the species are specifically identified. by the U.S. Court of Appeals for the because it would not produce a Federal This information does not alter where Ninth Circuit (Douglas County v. mandate of $100 million or greater in and what federally sponsored activities Babbitt, 48 F.3d 1495 (9th Cir. 1995), any year; that is, it is not a ‘‘significant may occur. However, it may assist these cert. denied 516 U.S. 1042 (1996)). regulatory action’’ under the Unfunded local governments in long-range Mandates Reform Act . The FEA planning (because these local Government-to-Government concludes incremental impacts may governments no longer have to wait for Relationship with Tribes occur due to administrative costs of case-by-case section 7 consultations to section 7 consultations for development, occur). In accordance with the President’s transportation, and flood control Where State and local governments memorandum of April 29, 1994, projects activities; however, these are require approval or authorization from a Government-to-Government Relations not expected to significantly affect small Federal agency for actions that may with Native American Tribal governments. Incremental impacts affect critical habitat, consultation Governments (59 FR 22951), E.O. 13175, stemming from various species under section 7(a)(2) would be required. and the Department of the Interior’s conservation and development control While non-Federal entities that receive manual at 512 DM 2, we have a activities are expected to be borne by Federal funding, assistance, or permits, responsibility to communicate the Federal Government, California or that otherwise require approval or meaningfully with recognized Federal Department of Transportation, CDFG, authorization from a Federal agency for Tribes on a government-to-government Riverside County, Riverside County an action, may be indirectly impacted basis. In accordance with Secretarial Flood Control and Water Conservation by the designation of critical habitat, the Order 3206 of June 5, 1997 (American District, and City of Perris, which are legally binding duty to avoid Indian Tribal Rights, Federal-Tribal not considered small governments. destruction or adverse modification of Trust Responsibilities, and the Consequently, we do not believe that critical habitat rests squarely on the Endangered Species Act), we readily the revised critical habitat designation Federal agency. acknowledge our responsibilities to would significantly or uniquely affect work directly with Tribes in developing Civil Justice Reform—Executive Order small government entities. As such, a programs for healthy ecosystems, to 12988 Small Government Agency Plan is not acknowledge that tribal lands are not required. In accordance with E.O. 12988 (Civil subject to the same controls as Federal Justice Reform), this rule meets the Takings—Executive Order 12630 public lands, to remain sensitive to applicable standards set forth in Indian culture, and to make information In accordance with E.O. 12630 sections 3(a) and 3(b)(2) of the Order. available to Tribes. (‘‘Government Actions and Interference We are designating critical habitat in We determined that there are no tribal with Constitutionally Protected Private accordance with the provisions of the lands occupied at the time of listing that Property Rights’’), we have analyzed the Act. This final rule uses standard contain the features essential for the potential takings implications of property descriptions and identifies the conservation of the species, nor are designating critical habitat for physical and biological features Navarretia fossalis in a takings essential to the conservation of the there any unoccupied tribal lands that implications assessment. Critical habitat subspecies within the designated areas are essential for the conservation of designation does not affect landowner to assist the public in understanding the Navarretia fossalis. Therefore, we are actions that do not require Federal habitat needs of Navarretia fossalis. not designating critical habitat for N. funding or permits, nor does it preclude fossalis on tribal lands. Paperwork Reduction Act of 1995 (44 development of habitat conservation References Cited programs or issuance of incidental take U.S.C. 3501 et seq.) permits to permit actions that do require This rule does not contain any new A complete list of all references cited Federal funding or permits to go collections of information that require in this rulemaking is available on http:// forward. The takings implications approval by OMB under the Paperwork www.regulations.gov and upon request assessment concludes that this Reduction Act of 1995 (44 U.S.C. 3501 from the Field Supervisor, Carlsbad Fish designation of critical habitat for N. et seq.). This rule will not impose and Wildlife Office (see FOR FURTHER fossalis does not pose significant takings recordkeeping or reporting requirements INFORMATION CONTACT section). implications for lands within or affected on State or local governments, by the designation. individuals, businesses, or Authors organizations. An agency may not Federalism—Executive Order 13132 The primary authors of this notice are conduct or sponsor, and a person is not the staff members of the Carlsbad Fish In accordance with E.O. 13132 required to respond to, a collection of and Wildlife Office (see FOR FURTHER (Federalism), the rule does not have information unless it displays a INFORMATION CONTACT section). significant Federalism effects. A currently valid OMB control number. Federalism assessment is not required. List of Subjects in 50 CFR Part 17 In keeping with Department of the National Environmental Policy Act Interior, we requested information from, (NEPA) (42 U.S.C. 4321 et seq.) Endangered and threatened species, and coordinated development of the It is our position that, outside the Exports, Imports, Reporting and proposed critical habitat designation jurisdiction of the U.S. Court of Appeals recordkeeping requirements, with appropriate State resource agencies for the Tenth Circuit, we do not need to Transportation.

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Regulation Promulgation Navarretia fossalis consist of three and 2 that have a clay component or components: other property that creates an ■ Accordingly, we amend part 17, (i) PCE 1—Ephemeral wetland impermeable surface or subsurface subchapter B of chapter I, title 50 of the habitat. Vernal pools (up to 10 ac (4 ha)) layer. These soil types include, but are Code of Federal Regulations, as set forth and seasonally flooded alkali vernal not limited to: Cieneba-Pismo-Caperton below: plains that become inundated by winter soils in Los Angeles County; Domino, rains and hold water or have saturated Traver, Waukena, Chino, and Willows PART 17—[AMENDED] soils for 2 weeks to 6 months during a soils in Riverside County; and ■ 1. The authority citation for part 17 year with average rainfall (i.e., years Huerhuero, Placentia, Olivenhain, continues to read as follows: where average rainfall amounts for a Stockpen, and Redding soils in San particular area are reached during the Diego County. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– rainy season (between October and (3) Critical habitat does not include 625, 100 Stat. 3500; unless otherwise noted. May)). This period of inundation is long manmade structures existing on the enough to promote germination, effective date of this rule and not ■ 2. In § 17.96(a), revise the entry for flowering, and seed production for containing one of more of the primary ‘‘Navarretia fossalis (spreading Navarretia fossalis and other native constituent elements, such as buildings, navarretia)’’ under family species typical of vernal pool and aqueducts, airports, and roads, and the Polemoniaceae to read as follows: seasonally flooded alkali vernal plain land on which such structures are § 17.96 Critical habitat—plants. habitat, but not so long that true located. wetland species inhabit the areas. (4) Critical habitat map units. Data (a) Flowering plants. (ii) PCE 2—Intermixed wetland and layers defining map units were created * * * * * upland habitats that act as the local using a base of U.S. Geological Survey Family Polemoniaceae: Navarretia watershed. Areas characterized by 7.5’ quadrangle maps. Critical habitat fossalis (spreading navarretia) mounds, swales, and depressions within units were then mapped using Universal a matrix of upland habitat that result in Transverse Mercator (UTM) zone 11, (1) Critical habitat units are depicted intermittently flowing surface and North American Datum (NAD) 1983 for Los Angeles, Riverside, and San subsurface water in swales, drainages, coordinates. Diego Counties, California, on the maps and pools described in PCE 1. (5) Note: Index Map of critical habitat below. (iii) PCE 3—Soils that support units for Navarretia fossalis (spreading (2) Within these areas, the primary ponding during winter and spring. Soils navarretia) follows: constituent elements (PCEs) for found in areas characterized in PCEs 1 BILLING CODE 4310–55–S

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(6) Unit 1: Los Angeles Basin–Orange 367580, 3814651; 367676, 3814752; 367935, 3813962; 367866, 3813938; Management Area, Los Angeles County, 367807, 3814866; 367996, 3814923; 367834, 3813913; 367795, 3813849; CA. Subunit 1A: Cruzan Mesa. 368172, 3815075; 368198, 3815107; 367740, 3813818; 367720, 3813762; (i) From USGS 1:24,000 quadrangle 368375, 3815036; 368318, 3814957; 367640, 3813619; 367577, 3813595; Mint Canyon. Land bounded by the 368262, 3814889; 368198, 3814795; 367520, 3813592; 367481, 3813628; following Universal Transverse 368181, 3814768; 368108, 3814754; 367454, 3813696; thence returning to Mercator (UTM) North American Datum 368073, 3814710; 367963, 3814624; 367454, 3813696. of 1983 (NAD83) coordinates (E, N): 367921, 3814549; 367938, 3814421; (ii) Note: Map of Subunit 1A (Cruzan 367454, 3813696; 367493, 3813876; 368014, 3814343; 368006, 3814230; Mesa) is provided at paragraph (7)(ii) of 367443, 3813933; 367418, 3814003; 368048, 3814134; 368070, 3814110; this entry. 367396, 3814159; 367387, 3814304; 368060, 3814070; 368014, 3814065; 367454, 3814474; 367517, 3814549; 367972, 3814041; 367955, 3813970;

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(7) Unit 1: Los Angeles Basin–Orange 366266, 3812973; 366271, 3813010; 366612, 3812959; 366602, 3812939; Management Area, Los Angeles County, 366295, 3813063; 366333, 3813106; 366532, 3812913; 366490, 3812911; CA. Subunit 1B: Plum Canyon. 366370, 3813141; 366424, 3813157; 366441, 3812920; 366405, 3812925; (i) From USGS 1:24,000 quadrangle 366448, 3813168; 366505, 3813193; thence returning to 366405, 3812925. Mint Canyon. Land bounded by the 366585, 3813271; 366601, 3813269; (ii) Note: Map of Unit 1, Subunits 1A following UTM NAD83 coordinates (E, 366600, 3813233; 366619, 3813163; (Cruzan Mesa) and 1B (Plum Canyon) N): 366405, 3812925; 366364, 3812918; 366628, 3813088; 366619, 3813004; 366339, 3812957; 366287, 3812974; follows:

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(8) Unit 2: San Diego: Northern 470319, 3663280; 470359, 3663184; 470195, 3663563; 470209, 3663563; Coastal Mesa Management Area— 470392, 3663084; 470440, 3662935; 470210, 3663559; 470213, 3663548; Poinsettia Lane Commuter Station, San 470487, 3662900; 470520, 3662863; 470223, 3663527; 470234, 3663498; Diego County, CA. 470515, 3662828; 470501, 3662798; 470242, 3663476; 470248, 3663458; (i) From USGS 1:24,000 quadrangle 470529, 3662710; 470522, 3662706; 470251, 3663445; 470251, 3663440; Encinitas. Land bounded by the 470515, 3662703; 470501, 3662700; 470260, 3663420; 470264, 3663415; following UTM NAD83 coordinates (E, 470476, 3662766; 470454, 3662825; thence returning to 470268, 3663409. N): 470268, 3663409; 470278, 3663384; 470429, 3662892; 470404, 3662960; 470281, 3663385; 470287, 3663371; 470386, 3663008; 470368, 3663055; (ii) Note: Map of Unit 2 (Poinsettia 470291, 3663351; 470291, 3663350; 470361, 3663075; 470296, 3663238; Lane Commuter Station) follows: 470312, 3663306; 470317, 3663288; 470184, 3663499; 470163, 3663558;

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(9) Unit 3: San Diego: Central Coastal 485008, 3639919; 485017, 3639943; 485221, 3639814; 485179, 3639804; Mesa Management Area, San Diego 485017, 3639943; 485018, 3639947; 485179, 3639803; 485158, 3639798; County, CA. Subunit 3B: Carroll 485035, 3639991; 485533, 3639996; 485086, 3639788; 485070, 3639828; Canyon. 485537, 3639996; 485537, 3639996; 485008, 3639919; thence returning to (i) From USGS 1:24,000 quadrangle 485525, 3639961; 485476, 3639931; 485008, 3639919. Del Mar. Land bounded by the following 485440, 3639908; 485440, 3639908; (ii) Note: Map of Unit 3, Subunit 3B UTM NAD83 coordinates (E, N): 485338, 3639845; 485223, 3639815; (Carroll Canyon) follows:

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(10) Unit 3: San Diego: Central Coastal 481837, 3636331; 481667, 3636273; 481877, 3636570; 481965, 3636407; Mesa Management Area, San Diego 481510, 3636284; 481409, 3636370; 481837, 3636331; thence returning to County, CA. Subunit 3C: Nobel Drive. 481393, 3636384; 481475, 3636442; 481837, 3636331. (i) From USGS 1:24,000 quadrangle La 481708, 3636763; 481796, 3636699; (ii) Note: Map of Unit 3, Subunit 3C Jolla. Land bounded by the following 481797, 3636697; 481797, 3636697; (Nobel Drive) follows: UTM NAD83 coordinates (E, N):

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(11) Unit 3: San Diego: Central Coastal 487233, 3630813; 487194, 3630830; 487336, 3631175; 487340, 3631237; Mesa Management Area, San Diego 487232, 3630926; 487248, 3630966; 487346, 3631328; 487347, 3631333; County, CA. Subunit 3D: Montgomery 487260, 3630999; 487281, 3631001; 487384, 3631352; 487437, 3631378; Field. 487306, 3630997; 487327, 3630977; 487571, 3631443; 487594, 3631446; (i) From USGS 1:24,000 quadrangle La 487330, 3630975; 487334, 3630978; 487598, 3631422; 487598, 3631310; Jolla. Land bounded by the following 487336, 3630979; 487341, 3630983; 487575, 3631296; 487573, 3630977; UTM NAD83 coordinates (E, N): 487343, 3630991; 487359, 3631033; thence returning to 487573, 3630977. 487573, 3630977; 487591, 3630964; 487363, 3631045; 487361, 3631049; 487627, 3630940; 487619, 3630908; 487357, 3631057; 487377, 3631099; (ii) Note: Map of Unit 3, Subunit 3D 487617, 3630896; 487645, 3630880; 487386, 3631117; 487376, 3631131; (Montgomery Field) follows: 487577, 3630651; 487447, 3630712; 487375, 3631131; 487326, 3631133;

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(12) Unit 4: San Diego: Inland CA. Subunit 4C2: San Marcos (Universal (ii) Note: Map of Unit 4, Subunit 4C2 Management Area, San Diego County, Boot). is provided at paragraph (14)(ii) of this CA. Subunit 4C1: San Marcos (Upham). (i) From USGS 1:24,000 quadrangle entry. (i) From USGS 1:24,000 quadrangle San Marcos. Land bounded by the (14) Unit 4: San Diego: Inland San Marcos. Land bounded by the following UTM NAD83 coordinates (E, Management Area, San Diego County, CA. Subunit 4D: San Marcos (Bent following UTM NAD83 coordinates (E, N): 481373, 3666492; 481676, 3666355; Avenue). N): 481857, 3666532; 481841, 3666524; 481700, 3666464; 481813, 3666423; 481458, 3666685; 481587, 3666988; (i) From USGS 1:24,000 quadrangle 481809, 3666367; 481877, 3666133; San Marcos. Land bounded by the 481974, 3666823; 481857, 3666532; 481805, 3666113; 481825, 3666048; thence returning to 481857, 3666532. following UTM NAD83 coordinates (E, 481669, 3666007; 481641, 3666000; N): 482781, 3666563; 482772, 3666562; (ii) Note: Map of Unit 4, Subunit 4C1 481639, 3666000; 481639, 3666002; 482716, 3666750; 482842, 3666785; is provided at paragraph (14)(ii) of this 481618, 3666066; 481555, 3666266; 482865, 3666703; 482781, 3666563; entry. 481317, 3666363; 481373, 3666492; thence returning to 482781, 3666563. (13) Unit 4: San Diego: Inland thence returning to 481373, 3666492. (ii) Note: Map of Unit 4, Subunits Management Area, San Diego County, 4C1, 4C2, and 4D (San Marcos) follows:

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(15) Unit 4: San Diego: Inland 3654982; 508357, 3654989; 508270, 3655260; 509073, 3655260; 509180, Management Area, San Diego County, 3655050; 508115, 3655137; 508036, 3655257; 509181, 3655234; 509181, CA. Subunit 4E: Ramona. 3655159; 507889, 3655176; 507807, 3655233; 509209, 3654862; 509082, (i) From USGS 1:24,000 quadrangle 3655222; 507750, 3655265; 507772, 3654835; 508896, 3654822; 508768, San Pasqual. Land bounded by the 3655380; 507758, 3655500; 507813, 3654813; thence returning to 508768, following UTM NAD83 (E, N): 508768, 3655500; 507965, 3655470; 508357, 3654813. 3654813; 508597, 3654751; 508493, 3655383; 508363, 3655347; 508363, 3654857; 508382, 3654971; 508373, 3655345; 508375, 3655275; 508376, (ii) Note: Map of Unit 4, Subunit 4E 3654977; 508373, 3654977; 508366, 3655265; 509073, 3655260; 509073, (Ramona) follows:

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(16) Unit 5: San Diego: Southern 501052, 3616121; 501053, 3616099; 500591, 3616596; 500640, 3616597; Coastal Mesa Management Area, San 501005, 3616101; 501004, 3616101; 500651, 3616619; 500670, 3616713; Diego County, CA. Subunit 5A: 501002, 3616102; 500915, 3616106; 500671, 3616718; 500685, 3616767; Sweetwater Vernal Pools. 500913, 3616107; 500913, 3616107; 500770, 3616826; 500802, 3616841; (i) From USGS 1:24,000 quadrangle 500814, 3616112; 500775, 3616112; 500872, 3616836; 500903, 3616834; Jamul Mountains. Land bounded by the 500775, 3616112; 500775, 3616112; 500952, 3616822; 501051, 3616760; following UTM NAD83 coordinates (E, 500769, 3616112; 500562, 3616233; 501075, 3616669; 501075, 3616667; N): 501084, 3616605; 501096, 3616520; 500497, 3616288; 500462, 3616334; 501076, 3616663; 501084, 3616607; 501078, 3616418; 501054, 3616382; 500436, 3616380; 500420, 3616409; 501084, 3616605; 501084, 3616605; 501054, 3616382; 501051, 3616377; 500402, 3616428; 500327, 3616508; thence returning to 501084, 3616605. 501051, 3616376; 501051, 3616376; 500312, 3616524; 500300, 3616596; 501051, 3616376; 501049, 3616374; 500356, 3616639; 500425, 3616639; (ii) Note: Map of Unit 5, Subunit 5A 501052, 3616122; 501052, 3616122; 500468, 3616628; 500511, 3616617; (Sweetwater Vernal Pools) follows:

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(17) Unit 5: San Diego: Southern 499815, 3607834; 499768, 3607839; 499997, 3608196; 499994, 3608161; Coastal Mesa Management Area, San 499731, 3607866; 499747, 3607899; 499992, 3608144; 499988, 3608082; Diego County, CA. Subunit 5B: Otay 499762, 3607949; 499818, 3607996; 499962, 3608026; 499936, 3607993; River Valley. 499843, 3608025; 499843, 3608079; 499920, 3607960; 499923, 3607916; (i) From USGS 1:24,000 quadrangles 499818, 3608100; 499815, 3608107; 499939, 3607872; 499957, 3607827; Imperial Beach and Otay Mesa. Land 499784, 3608170; 499796, 3608236; 499953, 3607783; thence returning to bounded by the following UTM NAD83 499838, 3608323; 499855, 3608364; 499953, 3607783. coordinates (E, N): 499953, 3607783; 499880, 3608400; 499909, 3608415; 499924, 3607743; 499882, 3607749; 499921, 3608415; 499944, 3608404; (ii) Note: Map of Unit 5, Subunit 5B 499871, 3607775; 499868, 3607814; 499957, 3608370; 499997, 3608238; (Otay River Valley) follows:

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(18) Unit 5: San Diego: Southern 506535, 3606490; 506509, 3606580; 506915, 3606602; 506915, 3606597; Coastal Mesa Management Area, San 506503, 3606601; 506485, 3606661; 506918, 3606535; 506901, 3606523; Diego County, CA. Subunit 5C: Otay 506481, 3606693; 506531, 3606734; 506901, 3606523; 506885, 3606512; Mesa. 506581, 3606748; 506599, 3606760; 506841, 3606510; 506807, 3606502; (i) From USGS 1:24,000 quadrangle 506600, 3606760; 506617, 3606771; 506776, 3606485; 506776, 3606485; Otay Mesa. Land bounded by the 506634, 3606848; 506641, 3606869; 506768, 3606480; 506768, 3606473; following UTM NAD83 coordinates (E, 506642, 3606870; 506660, 3606918; 506768, 3606473; 506759, 3606253; N): 506759, 3606253; 506757, 3606201; 506706, 3606936; 506750, 3606885; 506759, 3606253; thence returning to 506702, 3606219; 506663, 3606258; 506777, 3606855; 506777, 3606854; 506759, 3606253. 506601, 3606362; 506590, 3606382; 506792, 3606837; 506829, 3606785; (ii) Note: Map of Unit 5, Subunit 5C 506575, 3606411; 506575, 3606411; 506880, 3606730; 506913, 3606679; (Otay Mesa) follows:

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(19) Unit 5: San Diego: Southern 507239, 3615163; 507269, 3615226; 507590, 3615601; 507537, 3615580; Coastal Mesa Management Area, San 507269, 3615275; 507213, 3615335; 507514, 3615518; 507556, 3615510; Diego County, CA. Subunit 5F: Proctor 507188, 3615393; 507188, 3615433; 507654, 3615493; 507669, 3615405; Valley. 507194, 3615465; 507194, 3615465; 507661, 3615318; 507661, 3615220; (i) From USGS 1:24,000 quadrangle 507194, 3615465; 507196, 3615476; 507674, 3615164; 507678, 3615148; Jamul Mountains. Land bounded by the 507211, 3615508; 507298, 3615529; 507680, 3615073; 507679, 3615062; following UTM NAD83 coordinates (E, 507316, 3615587; 507301, 3615676; 507679, 3615062; 507679, 3615062; N): 507676, 3615007; 507616, 3614943; 507301, 3615723; 507301, 3615800; 507676, 3615007; thence returning to 507548, 3614930; 507458, 3614918; 507362, 3615808; 507402, 3615865; 507676, 3615007. 507386, 3614907; 507320, 3614907; 507403, 3615866; 507448, 3615906; 507247, 3614939; 507190, 3614947; 507488, 3615906; 507526, 3615872; (ii) Note: Map of Unit 5, Subunit 5F 507173, 3614947; 507188, 3615018; 507556, 3615806; 507605, 3615706; (Proctor Valley) follows:

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(20) Unit 5: San Diego: Southern 508423, 3609791; 508450, 3609898; 507359, 3609406; 507392, 3609455; Coastal Mesa Management Area, San 508460, 3609936; 508570, 3609926; 507371, 3609565; 507383, 3609658; Diego County, CA. Subunit 5G: Otay 508651, 3609926; 508671, 3609898; 507366, 3609763; 507387, 3609868; Lakes. 508672, 3609897; 508707, 3609847; 507392, 3609895; 507404, 3609959; (i) From USGS 1:24,000 quadrangles 508714, 3609756; 508646, 3609718; 507455, 3609968; 507572, 3609922; Jamul Mountains and Otay Mesa. Land 508323, 3609536; 508199, 3609465; 507715, 3609896; 507742, 3609891; bounded by the following UTM NAD83 508094, 3609406; 508033, 3609385; 507912, 3609880; 508045, 3609784; coordinates (E, N): 508045, 3609784; 507917, 3609374; 507800, 3609334; thence returning to 508045, 3609784. 508120, 3609675; 508188, 3609745; 507695, 3609287; 507595, 3609248; 508194, 3609751; 508316, 3609736; 507467, 3609283; 507394, 3609229; (ii) Note: Map of Unit 5, Subunit 5G 508337, 3609733; 508400, 3609730; 507308, 3609250; 507303, 3609341; (Otay Lakes) follows:

BILLING CODE 4310–55–C

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(21) Unit 5: San Diego: Southern coordinates (E, N): 499680, 3603156; 499269, 3603664; 499267, 3603679; Coastal Mesa Management Area, San 499688, 3603148; 499683, 3603090; 499209, 3603701; 499182, 3603768; Diego County, CA. Subunit 5H: Western 499717, 3603078; 499739, 3603039; 499184, 3603807; 499177, 3603877; Otay Mesa Vernal Pool Complexes. 499829, 3603005; 499812, 3602945; 499186, 3603886; 499206, 3603907; (i) From USGS 1:24,000 quadrangles 499754, 3602867; 499676, 3602836; 499259, 3603894; thence returning to Imperial Beach and Otay Mesa. Land 499584, 3602794; 499553, 3602833; 499259, 3603894. bounded by the following UTM NAD83 499536, 3602889; 499519, 3602920; (viii) From USGS 1:24,000 coordinates (E, N): 498398, 3601961; 499485, 3602983; 499483, 3603035; quadrangles Imperial Beach and Otay 498398, 3601927; 498482, 3601937; 499478, 3603172; 499490, 3603173; Mesa. Land bounded by the following 498514, 3601914; 498495, 3601822; 499497, 3603173; 499577, 3603174; UTM NAD83 coordinates (E, N): 498463, 3601742; 498434, 3601651; 499584, 3603178; 499607, 3603175; 499359, 3604115; 499359, 3604025; 498324, 3601579; 498154, 3601581; 499624, 3603162; 499680, 3603156; 499350, 3604018; 499347, 3604016; 498025, 3601666; 498008, 3601765; thence returning to 499680, 3603156. 499320, 3604033; 499314, 3604043; 498093, 3601864; 498185, 3601904; (v) From USGS 1:24,000 quadrangles 499286, 3604091; 499257, 3604115; 498223, 3601940; 498240, 3602001; Imperial Beach and Otay Mesa. Land 499221, 3604110; 499177, 3604098; 498268, 3602119; 498268, 3602251; bounded by the following UTM NAD83 499160, 3604125; 499160, 3604197; 498375, 3602256; 498461, 3602258; coordinates (E, N): 499158, 3603493; 499148, 3604270; 499143, 3604287; 498495, 3602211; 498468, 3602159; 499170, 3603456; 499130, 3603457; 499153, 3604292; 499223, 3604309; 498468, 3602158; 498463, 3602148; 499083, 3603458; 499083, 3603495; 499293, 3604299; 499330, 3604270; 498450, 3602119; 498450, 3602119; 499075, 3603541; 499070, 3603572; 499361, 3604239; 499387, 3604214; 498436, 3602087; 498407, 3602039; 499121, 3603582; 499130, 3603565; 499398, 3604205; 499383, 3604178; 498398, 3601961; thence returning to 499141, 3603546; 499158, 3603493; 499359, 3604159; 499359, 3604122; 498398, 3601961. thence returning to 499158, 3603493. 499359, 3604115; thence returning to (ii) From USGS 1:24,000 quadrangles (vi) From USGS 1:24,000 quadrangles 499359, 3604115. Imperial Beach and Otay Mesa. Land Imperial Beach and Otay Mesa. Land (ix) From USGS 1:24,000 quadrangles bounded by the following UTM NAD83 bounded by the following UTM NAD83 Imperial Beach and Otay Mesa. Land coordinates (E, N): 497444, 3602605; coordinates (E, N): 499007, 3603851; bounded by the following UTM NAD83 497382, 3602601; 497311, 3602614; 499012, 3603773; 499051, 3603691; coordinates (E, N): 499618, 3604583; 497263, 3602633; 497255, 3602688; 499044, 3603640; 498993, 3603609; 499662, 3604524; 499662, 3604352; 497270, 3602708; 497270, 3602708; 498983, 3603633; 498993, 3603652; 499620, 3604367; 499541, 3604418; 497287, 3602732; 497379, 3602732; 498993, 3603655; 498986, 3603722; 499504, 3604459; 499475, 3604484; 497424, 3602725; 497443, 3602708; 498984, 3603778; 498983, 3603805; 499446, 3604510; 499436, 3604546; 497443, 3602707; 497447, 3602704; 498979, 3603807; 498953, 3603817; 499451, 3604575; 499475, 3604575; 497529, 3602702; 497546, 3602702; 498947, 3603819; 498903, 3603790; 499475, 3604575; 499528, 3604566; 497545, 3602698; 497545, 3602698; 498852, 3603749; 498857, 3603715; 499562, 3604568; 499618, 3604583; 497529, 3602651; 497518, 3602636; 498823, 3603688; 498741, 3603676; thence returning to 499618, 3604583. 497515, 3602631; 497455, 3602606; 498702, 3603688; 498719, 3603715; (x) From USGS 1:24,000 quadrangles 497444, 3602605; 497444, 3602605; 498763, 3603742; 498826, 3603776; Imperial Beach and Otay Mesa. Land thence returning to 497444, 3602605. 498874, 3603817; 498930, 3603831; bounded by the following UTM NAD83 (iii) From USGS 1:24,000 quadrangles 498957, 3603847; 499000, 3603873; coordinates (E, N): 500083, 3603092; Imperial Beach and Otay Mesa. Land 499007, 3603851; thence returning to 500026, 3603130; 499985, 3603143; bounded by the following UTM NAD83 499007, 3603851. 499944, 3603149; 499903, 3603164; coordinates (E, N): 498002, 3602859; (vii) From USGS 1:24,000 quadrangles 499898, 3603164; 499885, 3603170; 497981, 3602853; 497930, 3602857; Imperial Beach and Otay Mesa. Land 499886, 3603218; 499880, 3603221; 497929, 3602859; 497911, 3602885; bounded by the following UTM NAD83 499880, 3603325; 499949, 3603340; 497934, 3602916; 497946, 3602955; coordinates (E, N): 499259, 3603894; 499967, 3603344; 499969, 3603407; 497985, 3602951; 497981, 3602939; 499303, 3603885; 499344, 3603890; 500093, 3603400; 500083, 3603092; 497985, 3602920; 498000, 3602888; 499383, 3603892; 499384, 3603882; 500083, 3603092; thence returning to 498012, 3602861; 498002, 3602859; 499390, 3603749; 499393, 3603531; 500083, 3603092. thence returning to 498002, 3602859. 499431, 3603514; 499458, 3603487; (xi) Note: Map of Unit 5, Subunit 5H (iv) From USGS 1:24,000 quadrangles 499461, 3603449; 499189, 3603449; (Western Otay Mesa Vernal Pool Imperial Beach and Otay Mesa. Land 499221, 3603587; 499233, 3603618; Complexes) follows: bounded by the following UTM NAD83 499247, 3603633; 499267, 3603642; BILLING CODE 4310–55–S

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(22) Unit 5: San Diego: Southern N): 505882, 3604195; 505900, 3603953; 505547, 3604326; 505587, 3604372; Coastal Mesa Management Area, San 505859, 3603974; 505832, 3603989; 505626, 3604399; 505733, 3604393; Diego County, CA. Subunit 5I: Eastern 505798, 3604009; 505753, 3604040; 505828, 3604330; 505863, 3604289; Otay Mesa Vernal Pool Complexes. 505721, 3604065; 505690, 3604091; 505865, 3604259; 505882, 3604195; (i) From USGS 1:24,000 quadrangle 505662, 3604118; 505633, 3604147; thence returning to 505882, 3604195. Otay Mesa. Land bounded by the 505608, 3604176; 505569, 3604222; following UTM NAD83 coordinates (E, 505539, 3604260; 505527, 3604287;

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(ii) From USGS 1:24,000 quadrangle 503050, 3605001; 503061, 3605030; 503598, 3605200; 503672, 3605223; Otay Mesa. Land bounded by the 503092, 3605139; 503130, 3605145; 503753, 3605309; 503847, 3605347; following UTM NAD83 coordinates (E, 503160, 3605149; 503223, 3605127; 503912, 3605382; 503925, 3605389; N): 503223, 3605127; 503429, 3604767; thence returning to 503223, 3605127. 504011, 3605433; 504067, 3605433; 503325, 3604734; 503153, 3604635; (iii) From USGS 1:24,000 quadrangle 504096, 3605387; 504102, 3605377; 503028, 3604559; 502978, 3604516; Otay Mesa. Land bounded by the 504186, 3605344; 504240, 3605309; 502955, 3604458; 502942, 3604387; following UTM NAD83 coordinates (E, 504283, 3605282; 504358, 3605268; 502909, 3604331; 502856, 3604268; N):504614, 3605172; 504617, 3605127; 504475, 3605246; 504552, 3605221; 504583, 3605128; 504550, 3605129; 502838, 3604202; 502733, 3604206; 504561, 3605218; 504587, 3605196; 504519, 3605130; 504519, 3605122; 502719, 3604815; 502735, 3605001; 504614, 3605172; thence returning to 504540, 3604842; 503733, 3604867; 502742, 3605091; 502788, 3605114; 503681, 3604857; 503658, 3604846; 504614, 3605172. 502833, 3605086; 502840, 3605001; 503624, 3604830; 503406, 3605134; (iv) Note: Map of Unit 5, Subunit 5I 502847, 3604914; 502930, 3604871; 503467, 3605162; 503530, 3605134; (Eastern Otay Mesa Vernal Pool 502988, 3604876; 503021, 3604924; 503588, 3605119; 503598, 3605139; Complexes) follows:

BILLING CODE 4310–55–C

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(23) Unit 6: Riverside: Riverside 3739876; 484507, 3739825; 484310, the following UTM NAD83 coordinates Management Area, Riverside County, 3739634; 484095, 3739438; 484078, (E, N): 488922, 3746032; 488976, CA. Subunit 6A: San Jacinto River. 3739426; 483978, 3739358; 483961, 3746028; 489134, 3746103; 489376, (i) From USGS 1:24,000 quadrangles 3739335; 483914, 3739275; 483904, 3746196; 489562, 3746326; 489603, Perris and Lakeview. Land bounded by 3739263; 483910, 3738133; 483780, 3746429; 489618, 3746466; 489662, the following UTM NAD83 coordinates 3737932; 483550, 3737726; 483330, 3746610; 489663, 3746613; 489672, (E, N): 480115, 3736015; 480123, 3737413; 483310, 3737372; 483104, 3746642; 489684, 3746680; 489690, 3736089; 480006, 3736246; 479961, 3737308; 483107, 3736913; 482312, 3746700; 489701, 3746735; 489768, 3736644; 479978, 3736737; 480068, 3736913; 482230, 3736937; 482203, 3746809; 489887, 3746940; 490083, 3736890; 481015, 3736904; 481258, 3736962; 482172, 3737005; 482086, 3747089; 490231, 3747126; 490425, 3737111; 481423, 3736990; 481474, 3737103; thence returning to 482086, 3747178; 490511, 3747200; 490519, 3736952; 481500, 3736933; 481500, 3737103. 3747205; 490546, 3747218; 490585, 3736933; 481545, 3736899; 481546, (iii) From USGS 1:24,000 quadrangles 3747238; 490687, 3747247; 490836, 3736899; 481550, 3736896; 481717, Perris and Lakeview. Land bounded by 3747135; 490966, 3746959; 491124, 3736773; 481889, 3736646; 481884, the following UTM NAD83 coordinates 3746819; 491199, 3746726; 491199, 3736589; 481807, 3736439; 481388, (E, N): 485275, 3740138; 484724, 3746680; 491199, 3746678; 491199, 3735908; 481199, 3735637; 481101, 3740131; 484574, 3740129; 484505, 3746661; 491152, 3746652; 491125, 3735567; 480929, 3735516; 480866, 3740129; 484256, 3740126; 484305, 3746646; 491106, 3746642; 491056, 3735513; 480742, 3735505; 480700, 3740158; 484305, 3740158; 484397, 3746617; 491047, 3746613; 491045, 3735490; 480699, 3735490; 480658, 3740217; 484483, 3740273; 484649, 3746612; 490864, 3746522; 490864, 3735471; 480615, 3735434; 480604, 3740476; 484723, 3740618; 484725, 3746522; 490827, 3746503; 490652, 3735421; 480565, 3735397; 480520, 3740623; 484725, 3740623; 484760, 3746443; 490404, 3746359; 490390, 3735296; 480463, 3735138; 480410, 3740691; 484853, 3740957; 484956, 3746354; 490083, 3746252; 489983, 3735025; 480359, 3734946; 480274, 3741250; 485150, 3741749; 485159, 3746182; 489983, 3746182; 489979, 3734884; 480175, 3734856; 480102, 3741772; 485184, 3741895; 485202, 3746179; 489897, 3746121; 489785, 3734839; 480006, 3734830; 479843, 3742006; 485218, 3742268; 485221, 3745870; 489785, 3745793; 489785, 3734847; 479783, 3734918; 479733, 3742307; 485244, 3742361; 485288, 3745582; 489785, 3745424; 489601, 3735028; 479744, 3735177; 479783, 3742466; 485368, 3742554; 485531, 3745328; 489571, 3745312; 489292, 3735259; 479899, 3735327; 479936, 3742733; 485534, 3742737; 485537, 3735397; 479969, 3735510; 480020, 3742748; 485537, 3742748; 485552, 3745284; 489059, 3745266; 488827, 3735584; 480071, 3735637; 480106, 3742804; 485575, 3743092; 485589, 3745117; 488810, 3745111; 488810, 3735671; 480115, 3736015; thence 3743271; 485662, 3743360; 485679, 3745111; 488806, 3745110; 488787, returning to 480115, 3736015. 3743380; 485711, 3743419; 485761, 3745103; 488557, 3745024; 488514, (ii) From USGS 1:24,000 quadrangles 3743480; 485917, 3743485; 485964, 3745000; 488514, 3745000; 488493, Perris and Lakeview. Land bounded by 3743486; 486099, 3743615; 486204, 3744988; 488464, 3744972; 488408, the following UTM NAD83 coordinates 3743695; 486326, 3743781; 486336, 3744940; 488338, 3744897; 488306, (E, N):482086, 3737103; 481896, 3743800; 486369, 3743867; 486376, 3744877; 488290, 3744867; 488287, 3737158; 481736, 3737152; 481607, 3743928; 486369, 3743936; 486336, 3744866; 488287, 3744689; 488272, 3737005; 481565, 3737040; 481565, 3743974; 486296, 3744021; 486336, 3744656; 488222, 3744549; 488212, 3737040; 481499, 3737095; 481495, 3744125; 486339, 3744131; 486366, 3744537; 488205, 3744528; 488205, 3737098; 481495, 3737098; 481460, 3744163; 486366, 3744163; 486492, 3744528; 488101, 3744401; 488027, 3737128; 481498, 3737171; 481607, 3744315; 486519, 3744332; 486551, 3744317; 487969, 3744341; 487537, 3737294; 481659, 3737308; 481659, 3744352; 486640, 3744408; 486787, 3744523; 487537, 3744523; 487500, 3737308; 481675, 3737312; 481806, 3744549; 486855, 3744586; 487051, 3744539; 487497, 3744540; 487476, 3737364; 481806, 3737365; 481828, 3744586; 487135, 3744567; 487242, 3744546; 487427, 3744559; 487255, 3737373; 481884, 3737410; 482049, 3744543; 487425, 3744461; 487477, 3744605; 487148, 3744610; 487135, 3737423; 482228, 3737521; 482293, 3744437; 487488, 3744432; 487690, 3744611; 487125, 3744611; 487059, 3737565; 482301, 3737570; 482305, 3744377; 487905, 3744309; 487899, 3744615; 487056, 3744615; 487023, 3737714; 482307, 3737840; 482332, 3744260; 487824, 3744168; 487824, 3744616; 486974, 3744619; 486934, 3738252; 482381, 3738399; 482400, 3744168; 487795, 3744131; 487690, 3744621; 486934, 3744621; 486864, 3738519; 482406, 3738559; 482498, 3744039; 487631, 3743972; 487543, 3744624; 486911, 3744726; 486945, 3738780; 482590, 3738989; 482670, 3743873; 487346, 3743928; 487236, 3744784; 486975, 3744834; 487054, 3739143; 482799, 3739259; 483002, 3743799; 487150, 3743627; 487133, 3744967; 487060, 3744979; 487067, 3739302; 483057, 3739329; 483058, 3743609; 487027, 3743486; 486935, 3744989; 487148, 3745127; 487357, 3739329; 483102, 3739351; 483154, 3743418; 486907, 3743363; 486867, 3745480; 487712, 3746290; 487720, 3739376; 483180, 3739388; 483352, 3743283; 486818, 3743136; 486763, 3746307; 487739, 3746356; 487857, 3739505; 483481, 3739579; 483555, 3743062; 486707, 3742964; 486535, 3746655; 488073, 3747200; 488202, 3739659; 483622, 3739714; 483733, 3742804; 486366, 3742612; 486356, 3747526; 488288, 3747745; 488297, 3739714; 483849, 3739726; 483914, 3742601; 486351, 3742595; 486348, 3747768; 488361, 3747950; 488408, 3739777; 483935, 3739794; 483942, 3742590; 486334, 3742565; 486330, 3748084; 488539, 3748177; 488574, 3739923; 483946, 3739994; 483948, 3742557; 486111, 3742165; 486057, 3748178; 488582, 3748178; 488595, 3740021; 483997, 3740083; 484071, 3742013; 486019, 3741907; 486012, 3748178; 488800, 3748180; 488805, 3740101; 484109, 3740101; 484175, 3741890; 486090, 3741855; 485750, 3748180; 489137, 3748184; 489217, 3740101; 484286, 3740101; 484409, 3741117; 486062, 3740960; 485546, 3748185; 489329, 3748186; 489346, 3740101; 484491, 3740101; 484556, 3740143; 485276, 3740138; 485275, 3748182; 489436, 3748160; 489441, 3740101; 484562, 3740101; 484660, 3740138; thence returning to 485275, 3748159; 489498, 3748067; 489520, 3740101; 484724, 3740101; 484808, 3740138. 3748032; 489520, 3748032; 489534, 3740101; 484740, 3740015; 484724, (iv) From USGS 1:24,000 quadrangles 3748010; 489605, 3747930; 489701, 3740003; 484593, 3739911; 484558, Perris and Lakeview. Land bounded by 3747824; 489701, 3747749; 489690,

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3747746; 489608, 3747724; 489608, 3747561; 489067, 3747400; 489032, 3746066; 488845, 3746038; 488922, 3747724; 489605, 3747723; 489497, 3747312; 488911, 3747005; 488873, 3746032; thence returning to 488922, 3747693; 489391, 3747693; 489293, 3746800; 488881, 3746769; 488887, 3746032. 3747693; 489279, 3747693; 489255, 3746746; 488901, 3746689; 488994, (v) Note: Map of Unit 6, Subunit 6A 3747693; 489240, 3747677; 489217, 3746568; 488966, 3746456; 488920, (San Jacinto River) follows: 3747653; 489134, 3747563; 489133, 3746317; 488855, 3746187; 488845, BILLING CODE 4310–55–S

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(24) Unit 6: Riverside: Riverside 496176, 3731442; 496130, 3731321; 494811, 3731848; 494835, 3731935; Management Area, Riverside County, 496119, 3731293; 496110, 3731269; 494886, 3732013; 494875, 3732052; CA. Subunit 6B: Salt Creek Seasonally 496105, 3731257; 496098, 3731238; 494962, 3732078; 495080, 3732115; Flooded Alkali Plain. 495840, 3731139; 495783, 3731117; 495080, 3732115; 495095, 3732120; (i) From USGS 1:24,000 quadrangles 495764, 3731110; 495673, 3731075; 495368, 3732124; 495546, 3732126; Lakeview and Winchester. Land 495539, 3731023; 495370, 3730958; 495551, 3732348; 495558, 3732640; bounded by the following UTM NAD83 495370, 3730958; 495344, 3730948; 495560, 3732698; 495566, 3732880; coordinates (E, N): 496999, 3734333; 495344, 3731276; 495344, 3731308; 495578, 3732932; 495579, 3732936; 496995, 3733632; 496993, 3733374; 495344, 3731312; 495203, 3731319; 495783, 3732925; 496065, 3733488; 496993, 3733353; 496992, 3733079; 495197, 3731308; 495182, 3731281; 496058, 3733755; 496057, 3733807; 496991, 3733046; 496991, 3732939; 495169, 3731258; 495144, 3731229; 496043, 3734174; 496173, 3734170; 496990, 3732731; 497270, 3732723; 495122, 3731204; 495028, 3731204; 496461, 3734174; 496505, 3734333; 497270, 3732391; 496987, 3732276; 494990, 3731228; 494954, 3731251; 496986, 3732133; 496979, 3732133; 494929, 3731288; 494917, 3731307; thence returning to 496999, 3734333. 496441, 3732133; 495871, 3732118; 494913, 3731312; 494806, 3731312; (ii) Note: Map of Unit 6, Subunit 6B 495855, 3732117; 495791, 3731864; 494766, 3731420; 494693, 3731621; (Salt Creek Seasonally Flooded Alkali 495754, 3731720; 496288, 3731734; 494724, 3731768; 494749, 3731819; Plain) follows:

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(25) Unit 6: Riverside: Riverside (ii) From USGS 1:24,000 quadrangle 486716, 3723072; 486716, 3723031; Management Area, Riverside County, Romoland. Land bounded by the 486716, 3722986; 486716, 3722964; CA. Subunit 6C: Wickerd and Scott following UTM NAD83 coordinates (E, 486716, 3722954; 486716, 3722915; Road Pools. N): 485922, 3723029; 485730, 3723232; 486716, 3722899; 486716, 3722885; (i) From USGS 1:24,000 quadrangle 485911, 3723435; 485930, 3724021; 486716, 3722830; 486699, 3722435; Romoland. Land bounded by the 486317, 3724020; 486317, 3723305; 486116, 3722429; 486118, 3722817; following UTM NAD83 coordinates (E, 486412, 3723293; 486417, 3723421; 486016, 3722821; 486016, 3722931; N): 485930, 3722429; 485737, 3722429; 486512, 3723424; 486506, 3723229; 485922, 3723029; thence returning to 485737, 3722611; 485930, 3722611; 486714, 3723225; 486716, 3723220; 485922, 3723029. 485930, 3722429; thence returning to 486716, 3723210; 486716, 3723200; (iii) Note: Map of Unit 6, Subunit 6C 485930, 3722429. 486716, 3723196; 486716, 3723094; (Wickerd and Scott Road Pools) follows:

* * * * * Dated: September 23, 2010 Eileen Sobeck, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–24763 Filed 10–6–10; 8:45 am] BILLING CODE 4310–55–C

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