10440 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules
DEPARTMENT OF THE INTERIOR DATES: We will accept comments until one of two varieties of the species April 16, 2001. Public hearing requests Chorizanthe pungens. The other variety Fish and Wildlife Service must be received by April 2, 2001. (Chorizanthe pungens var. ADDRESSES: If you wish to comment, hartwegiana), known as Ben Lomond 50 CFR Part 17 you may submit your comments and spineflower, is restricted to the Santa materials concerning this proposal by Cruz Mountains, generally between RIN 1018–AHO4 any one of several methods: Scotts Valley and Ben Lomond. The You may submit written comments range of C. p. var. pungens partially Endangered and Threatened Wildlife and information to the Field Supervisor, overlaps with Chorizanthe robusta var. and Plants; Proposed Designation of Ventura Fish and Wildlife Office, U.S. robusta (robust spineflower), another Critical Habitat for Chorizanthe Fish and Wildlife Service, 2493 Portola closely related taxon in the Pungentes pungens var. pungens (Monterey Road, Suite B, Ventura, California, section of the genus, in southern Santa Spineflower) 93003. Cruz County. Chorizanthe pungens var. AGENCY: Fish and Wildlife Service, You may also send comments by hartwegiana and Chorizanthe robusta Interior. electronic mail (e-mail) to var. robusta are both endangered species; for a detailed description of ACTION: Proposed rule. [email protected]. See the Public Comments Solicited section below for these related taxa see the Recovery Plan SUMMARY: We, the U.S. Fish and file format and other information about for Seven Coastal Plants and the Wildlife Service (Service), propose to electronic filing. Myrtle’s Silverspot Butterfly (Service designate critical habitat pursuant to the You may hand-deliver comments to 1998), the Draft Recovery Plan for the Endangered Species Act of 1973, as our Ventura Fish and Wildlife Office, Robust Spineflower (Service 2000), and amended (Act), for Chorizanthe U.S. Fish and Wildlife Service, 2493 references within these plans. Chorizanthe pungens var. pungens is pungens var. pungens (Monterey Portola Road, Suite B, Ventura, a short-lived annual species. It spineflower). Approximately 10,400 California 93003. germinates during the winter months hectares (25,800 acres) of land fall Comments and materials received will and flowers from April through June; within the boundaries of the proposed be available for public inspection, by although pollination ecology has not critical habitat designation. Proposed appointment, during normal business hours at the above address. been studied for this taxon, C. p. var. critical habitat is located in Santa Cruz pungens is likely visited by a wide array FOR FURTHER INFORMATION CONTACT: and Monterey counties, California. of pollinators; observations of Critical habitat receives protection from Connie Rutherford or Diane Pratt, pollinators on other species of destruction or adverse modification Ventura Fish and Wildlife Office, U.S. Chorizanthe that occur in Santa Cruz through required consultation under Fish and Wildlife Service, 2493 Portola County have included leaf cutter bees section 7 of the Act with regard to Road, Suite B, Ventura, California 93003 (megachilids), at least six species of actions carried out, funded, or (telephone 805/644–1766; facsimile butterflies, flies, and sphecid wasps (R. authorized by a Federal agency. Section 805/644–3958). Morgan, biologist, Soquel, CA, pers. 4 of the Act requires us to consider SUPPLEMENTARY INFORMATION: comm. 2000). Each flower produces one economic and other relevant impacts Background seed; depending on the vigor of an when specifying any particular area as individual plant, dozens, if not hundred critical habitat. Chorizanthe pungens var. pungens is of seeds could be produced. The Proposed critical habitat does not endemic to sandy soils in coastal areas importance of pollinator activity in seed include lands covered by the one in southern Santa Cruz and northern set has been demonstrated by the existing legally operative incidental take Monterey Counties, and in the Salinas production of seed with low viability permit issued under section 10(a)(1)(B) Valley in interior Monterey County. In where pollinator access was limited of the Act that includes Chorizanthe California, the spineflower genus (Harding Lawson Associates 2000). Seed pungens var. pungens as a covered (Chorizanthe) in the buckwheat family is collectable through August. The species. Subsection 4(b)(2) of the Act (Polygonaceae) comprises species of plants turn a rusty hue as they dry allows us to exclude from critical wiry annual herbs that inhabit dry through the summer months, eventually habitat designation areas where the sandy soils, both along the coast and shattering during the fall. Seed dispersal benefits of exclusion outweigh the inland. Because of the patchy and is facilitated by the involucral spines, benefits of designation, provided the limited distribution of such soils, many which attach the seed to passing exclusion will not result in the species of Chorizanthe tend to be highly animals. While animal vectors most extinction of the species. We believe localized in their distribution. likely facilitate dispersal between that the benefits of excluding HCPs from The overall appearance of colonies and populations, the prevailing the critical habitat designation for Chorizanthe pungens var. pungens is of coastal winds undoubtedly play a part Chorizanthe pungens var. pungens will a low-growing herb that is soft-hairy and in scattering seed within colonies and outweigh the benefits of including them. grayish or reddish in color. The plant populations. In areas where HCPs have not yet had has a prostrate to slightly ascending The locations where Chorizanthe permits issued, we have proposed habit, with large individuals reaching 50 pungens var. pungens occurs, with the critical habitat according to the factors centimeters (cm) (20 inches (in)) or exception of one (Soledad), are subject outlined in this rule. more in diameter. This taxon is to a mild maritime climate, where fog We solicit data and comments from distinguished by white (rarely pinkish) helps keep summer temperatures cool the public on all aspects of this scarious margins on the lobes of the and winter temperatures relatively proposal, including data on economic involucre that subtend the white- to warm, and provides moisture in and other impacts of the designation rose-colored flowers. The aggregate of addition to the normal winter rains. and our approaches for handling HCPs. flowers (heads) tend to be small (less Chorizanthe pungens var. pungens is We may revise this proposal to than cm (0.4 in) in diameter) and either found in a variety of seemingly incorporate or address new information distinctly or indistinctly aggregate. disparate habitat types, including active received during the comment period. Chorizanthe pungens var. pungens is coastal dunes, grassland, scrub,
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chaparral, and woodland types on Chorizanthe pungens var. pungens have locations, C. p. var. pungens occurs in interior upland sites; and interior been eliminated or altered by close proximity with the endangered floodplain dunes. However, all of these recreational use, industrial and urban Piperia yadonii (Yadon’s piperia) and habitat types include microhabitat development, and military activities. Chorizanthe robusta var. robusta. characteristics that are favored by C. p. Dune communities have also been Farther up the Salinas River, var. pungens. First, all sites are on altered in composition by the Chorizanthe pungens var. pungens was sandy soils; whether the origin of the introduction of non-native species, recently found on a dune located within soils are from active dunes, interior especially Carpobrotus species (sea-fig the river floodplain near Soledad, fossil dunes, or floodplain alluvium is or iceplant) and Ammophila arenaria Monterey County (CNDDB 2000). Two apparently unimportant. Second, these (European beachgrass), in an attempt to historic sites for C. p. var. pungens sites are relatively open and free of stabilize shifting sands. In the last occur near here. One, near Mission other vegetation. In grassland and oak decade, significant efforts have been Soledad, was collected once in 1881; the woodland communities, abundant made to restore native dune other, near San Lucas along the Salinas annual grasses may outcompete C. p. communities, including the elimination River, was collected once in 1935. Due var. pungens, while management of of these non-native species. to conversion to agriculture and grass species, either through grazing, At more inland sites, Chorizanthe channelization activities along the mowing or fire, may allow the pungens var. pungens occurs on sandy, Salinas River over the last century, C. p. spineflower to persist. In scrub and well-drained soils in a variety of plant var. pungens has most likely been chaparral communities, C p. var. communities, most frequently maritime extirpated from these locations. The pungens does not occur under dense chaparral, valley oak woodlands, and dune near Soledad is the only one of its stands, but will occur between more grasslands. The plant probably has been size and extent between there and the widely spaced shrubs. extirpated from a number of historical river mouth (Brad Olsen, East Bay Chorizanthe pungens var. pungens is locations in the Salinas Valley, Regional Parks District, pers. comm. generally distributed along the rim of primarily due to conversion of the 2000). Monterey Bay in southern Santa Cruz original grasslands and valley oak Previous Federal Action and northern Monterey Counties, and woodlands to agricultural crops (Reveal inland along the coastal plain of the & Hardham 1989). Significant Federal government actions for Salinas Valley. At coastal sites ranging populations of C. p. var. pungens occur Chorizanthe pungens var. pungens from the Monterey Peninsula north to on lands that are referred to as former began when we published an updated Manresa State Beach, C. p. var. pungens Fort Ord (U.S. Army Corps of Engineers notice of review for plants on December is found in active coastal dune systems, (ACOE) 1992). Within grassland 15, 1980 (45 FR 82480). This notice and on coastal bluffs upon which communities, C. p. var. pungens occurs included Chorizanthe pungens var. windblown sand has been deposited. At along roadsides, in firebreaks, and in pungens as a category 2 candidate one historical site on the coast near San other disturbed sites, while in oak (species for which data in our Simeon in San Luis Obispo County, the woodland, chaparral, and scrub possession indicate listing may be C. p. var. pungens has not been seen communities, they occur in sandy appropriate, but for which additional since it was first collected in 1842 openings between shrubs. In older biological information is needed to (CNDDB 2000, D. Keil, California stands with a high cover of shrubs, the support a proposed rule). In the Polytechnic University, San Luis plant are restricted to roadsides, September 27, 1985, revised notice of Obispo, pers. comm. 2000). firebreaks, and trails that bisect these review for plants (50 FR 39526) and in On coastal dunes, the distribution of communities. At former Fort Ord, the the February 21, 1990 (55 FR 6184) suitable habitat is subject to dynamic highest densities of C. p. var. pungens revised notice of review for plants, shifts caused by patterns of dune are located in the central portion of the Chorizanthe pungens var. pungens was mobilization, stabilization, and firing range, where disturbance is the again included as a category 2 successional trends in coastal dune most frequent. This pattern of candidate. scrub that increase in cover over time. distribution and densities of the C. p. On October 24, 1991 (56 FR 55107), Accordingly, individual colonies of var. pungens on former Fort Ord we published a proposal to list Chorizanthe pungens var. pungens, indicate that the very activities that Chorizanthe pungens var. pungens, found in gaps between stands of scrub, have disturbed C. p.s var. pungens along with three other varieties of shift in distribution and size over time. habitat have also created the open Chorizanthe, (Chorizanthe pungens var. Other native plants associated with C. conditions that result in high densities hartwegiana, Chorizanthe robusta var. p.s var. pungens include Ambrosia of the plant. Prior to onset of human use hartwegii, Chorizanthe robusta var. chamissonis (beach bur), Artemisia of this area, C. p. var. pungens may have robusta), and Erysimum teretifolium as pycnocephala (coastal sagewort), been restricted to openings created by endangered species. The final rule Ericameria ericoides (mock heather), wildfires within these communities listing C. p. var. pungens as a threatened Castilleja latifolia (Monterey Indian (Service 1998). species was published on February 4, paintbrush), and Lathyrus littoralis The southwestern edge of 1994 (59 FR 5499). (beach pea). At some northern Monterey Chorizanthe pungens var. pungens Section 4(a)(3) of the Act, as County locations, C. p. var. pungens habitat on former Fort Ord was once amended, and implementing regulations occurs in close proximity to the continuous with habitat found in the (50 CFR 424.12) require that, to the endangered Gilia tenuiflora ssp. community of Del Rey Oaks and at the maximum extent prudent and arenaria (sand gilia), Erysimum Monterey Airport (Deb Hillyard, determinable, the Secretary designate menziesii ssp. menziesii (Menzies’ ecologist, California Department of Fish critical habitat at the time the species is wallflower), Euphilotes enoptes smithi and Game, pers. comm. 2000). Other determined to be endangered or (Smith’s blue butterfly), and the inland sites that support C. p. var. threatened. Our regulations (50 CFR threatened Charadrius alexandrinus pungens are located in the area between 424.12(a)(1)) state that designation of nivosus (snowy plover). Aptos and La Selva Beach in Santa Cruz critical habitat is not prudent when one Portions of the coastal dune and County, and near Prunedale in northern or both of the following situations exist: coastal scrub communities that support Monterey County. At some of these (1) the species is threatened by taking or
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other human activity, and identification define destruction or adverse Our regulations state that, ‘‘The of critical habitat can be expected to modification as ‘‘. . . the direct or Secretary shall designate as critical increase the degree of threat to the indirect alteration that appreciably habitat areas outside the geographic area species, or (2) such designation of diminishes the value of critical habitat presently occupied by the species only critical habitat would not be beneficial for both the survival and recovery of a when a designation limited to its to the species. At the time Chorizanthe listed species. Such alterations include, present range would be inadequate to pungens var. pungens was listed, we but are not limited to, alterations ensure the conservation of the species.’’ found that designation of critical habitat adversely modifying any of those (50 CFR 424.12(e)). Accordingly, when for C. p. var. pungens was prudent but physical or biological features that were the best available scientific and not determinable at the time of listing, the basis for determining the habitat to commercial data do not demonstrate and that designation of critical habitat be critical.’’ Aside from the added that the conservation needs of the would occur once we have gathered the protection that may be provided under species require designation of critical necessary data. section 7, the Act does not provide other habitat outside of occupied areas, we On June 30, 1999, our failure to forms of protection to lands designated will not designate critical habitat in designate critical habitat for as critical habitat. Because consultation areas outside the geographic area Chorizanthe pungens var. pungens and under section 7 of the Act does not occupied by the species. three other species within the time apply to activities on private or other Our Policy on Information Standards period mandated by 16 U.S.C. non-Federal lands that do not involve a Under the Endangered Species Act, 1533(b)(6)(C)(ii) was challenged in Federal nexus, critical habitat published in the Federal Register on Center for Biological Diversity v. Babbitt designation would not afford any July 1, 1994 (59 FR 34271), provides (Case No. C99–3202SC). On August 30, additional protections under the Act criteria, establishes procedures, and 2000, the U.S. District Court for the against such activities. provides guidance to ensure that our Northern District of California (Court) In order to be included in a critical decisions represent the best scientific directed us to publish a proposed habitat designation, the habitat must and commercial data available. It critical habitat designation within 60 first be ‘‘essential to the conservation of requires our biologists, to the extent days of the Court’s order and a final the species.’’ Critical habitat consistent with the Act and with the use critical habitat designation no later than designations identify, to the extent of the best scientific and commercial 120 days after the proposed designation known using the best scientific and data available, to use primary and is published. On October 16, 2000, the commercial data available, habitat areas original sources of information as the Court granted the government’s request that provide essential life cycle needs of basis for recommendations to designate for a stay of this order. Subsequently, by the species (i.e., areas on which are critical habitat. When determining which areas are critical habitat, a a stipulated settlement agreement found the primary constituent elements, signed by the parties on November 20, primary source of information should be as defined at 50 CFR 424.12(b)). 2000, we agreed to proposed critical the listing package for the species. Section 4 requires that we designate habitat for the C. p. var. pungens by Additional information may be obtained January 15, 2001. critical habitat at the time of listing and from a recovery plan, articles in peer- based on what we know at the time of reviewed journals, conservation plans Critical Habitat the designation. When we designate developed by states and counties, Critical habitat is defined in section 3 critical habitat at the time of listing or scientific status surveys and studies, of the Act as—(i) the specific areas under short court-ordered deadlines, we and biological assessments or other within the geographic area occupied by will often not have sufficient unpublished materials (i.e., gray a species, at the time it is listed in information to identify all areas of literature). accordance with the Act, on which are critical habitat. We are required, Habitat is often dynamic, and found those physical or biological nevertheless, to make a decision and populations may move from one area to features (I) essential to the conservation thus must base our designations on another over time. Furthermore, we of the species and (II) that may require what, at the time of designation, we recognize that designation of critical special management considerations or know to be critical habitat. habitat may not include all of the protection; and, (ii) specific areas Within the geographic area occupied habitat areas that may eventually be outside the geographic area occupied by by the species, we will designate only determined to be necessary for the a species at the time it is listed, upon areas currently known to be essential. recovery of the species. For these a determination that such areas are Essential areas should already have the reasons, all should understand that essential for the conservation of the features and habitat characteristics that critical habitat designations do not species. ‘‘Conservation’’ means the use are necessary to sustain the species. We signal that habitat outside the of all methods and procedures that are will not speculate about what areas designation is unimportant or may not necessary to bring an endangered or a might be found to be essential if better be required for recovery. Areas outside threatened species to the point at which information became available, or what the critical habitat designation will listing under the Act is no longer areas may become essential over time. If continue to be subject to conservation necessary. the information available at the time of actions that may be implemented under Critical habitat receives protection designation does not show that an area section 7(a)(1) and to the regulatory under section 7 of the Act through the provides essential life cycle needs of the protections afforded by the section prohibition against destruction or species, then the area should not be 7(a)(2) jeopardy standard and the adverse modification of critical habitat included in the critical habitat prohibitions of section 9, as determined with regard to actions carried out, designation. Within the geographic area on the basis of the best available funded, or authorized by a Federal occupied by the species, we will not information at the time of the action. We agency. Section 7 also requires designate areas that do not now have the specifically anticipate that federally conferences on Federal actions that are primary constituent elements, as funded or assisted projects affecting likely to result in the destruction or defined at 50 CFR 424.12(b), which listed species outside their designated adverse modification of critical habitat. provide essential life cycle needs of the critical habitat areas may still result in In our regulations at 50 CFR 402.02, we species. jeopardy findings in some cases.
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Similarly, critical habitat designations interspersed with patches of occupied species. However, because such made on the basis of the best available habitat; the inclusion of unoccupied disturbance can also promote the spread information at the time of designation habitat in our critical habitat units and establishment of non-native species, will not control the direction and reflects the dynamic nature of the the disturbance would need to be substance of future recovery plans, habitat and the life history repeated frequently to maintain the habitat conservation plans, or other characteristics of this taxon. establishment of C. p. var. pungens. species conservation planning efforts if Such intensive management may not be Primary Constituent Elements new information available to these practical in all areas where C. p. var. planning efforts calls for a different In accordance with section 3(5)(A)(I) pungens habitat includes a complement outcome. of the Act and regulations at 50 CFR of non-native species. Moreover, while 424.12, in determining which areas to the presence of C. p.s var. pungens Methods for Selection of Areas for propose as critical habitat, we consider could be maintained in areas with a Proposed Critical Habitat Designation those physical and biological features high abundance of non-native species, As required by the Act and (primary constituent elements) that are the habitat quality of these areas may be regulations (section 4(b)(2) and 50 CFR essential to the conservation of the less than areas where the presence of 424.12) we used the best scientific species and that may require special non-native species is minimal. information available to determine areas management considerations or Based on our knowledge to date, the that contain the physical and biological protection. These include, but are not primary constituent elements of critical features that are essential for the limited to—space for individual and habitat for Chorizanthe pungens var. survival and recovery of Chorizanthe population growth, and for normal pungens are: pungens var. pungens. This information behavior; food, water, air, light, (1) sandy soils associated with active included information from the minerals or other nutritional or coastal dunes, coastal bluffs with a California Natural Diversity Data Base physiological requirements; cover or deposition of windblown sand, inland (CNDDB 2000), soil survey maps (Soil shelter; sites for breeding, reproduction, sites with sandy soils, and interior Conservation Service 1978, 1979), or rearing of offspring, germination, or floodplain dunes; recent biological surveys and reports, seed dispersal; and habitats that are (2) plant communities that support our recovery plan for this species, protected from disturbance or are associated species, including coastal additional information provided by representative of the historic dune, coastal scrub, grassland, maritime interested parties, and discussions with geographical and ecological chaparral, oak woodland, and interior botanical experts. We also conducted distributions of a species. floodplain dune communities, and have site visits, either cursory or more Little is known about the specific a structure such that there are openings extensive, and frequently accompanied physical and biological requirements of between the dominant elements (e.g. by agency representatives, at a number Chorizanthe pungens var. pungens scrub, shrub, oak trees, clumps of of locations managed by local, state or beyond that described in the herbaceous vegetation); Federal agencies, including Manresa, Background section of this proposed (3) no or little cover by non-native Sunset, Marina, and Asilomar State rule. species which compete for resources Beaches, Bureau of Land Management Several coastal dune restoration available for growth and reproduction of lands at former Fort Ord, Moss Landing efforts have included measures to Chorizanthe pungens var. pungens; Marine Laboratory, and Manzanita propagate and reintroduce Chorizanthe (4) Pollinator activity between County Park. pungens var. pungens, notably at Moss existing colonies of Chorizanthe Each of the critical habitat units Landing North Harbor, Pajaro Dunes, pungens var. pungens; includes areas that are unoccupied by and the University of California’s Moss (5) Physical processes, such as Chorizanthe pungens var. pungens. Landing Marine Laboratory (MLML). occasional soil disturbance, that support Determining the specific areas that this Such efforts have contributed to our natural dune dynamics along coastal taxon occupies is difficult for several understanding that C. p. var. pungens areas; and reasons: (1) the distribution of readily grows where suitable sandy (6) Seed dispersal mechanisms Chorizanthe pungens var. pungens substrates occur and competition with between existing colonies and other appears to be more closely tied to the other plant species is minimal (Harding potentially suitable sites. presence of sandy soils than to specific Lawson Associates 2000; Joey Dorell- We selected critical habitat areas to plant communities; the plant Canepa, biologist, pers. comm. 2000; provide for the conservation of communities may undergo changes over Peter Slattery, dune ecologist, MLML, Chorizanthe pungens var. pungens at time, which, due to the degree of cover pers. comm. 2000). Where C. p. var. five coastal sites and six inland sites that is provided by that vegetation type, pungens occurs within native plant where it is known to occur. Historic may either favor the presence of communities, along the coast as well as locations for which there are no recent Chorizanthe pungens var. pungens or at more interior sites, it occupies records of occupancy (within the last 20 not; (2) the way the current distribution microhabitat sites found between scrub years) were not proposed for of Chorizanthe pungens var. pungens is and shrub stands where there is little designation, including large areas of the mapped can be variable, depending on cover from other herbaceous species. Salinas Valley floodplain that have been the scale at which patches of Where C. p. var. pungens occurs within converted to agriculture over the last individuals are recorded (e.g. many grassland communities, the density of C. 100 years, potentially suitable areas small patches versus one large patch); p. var. pungens may decrease with an around San Simeon in San Luis Obispo and (3) depending on the climate and increase of the density of other County, and along the Salinas River other annual variations in habitat herbaceous species. near San Lucas in Monterey County. conditions, the extent of the As has been observed at Fort Ord, The long-term probability of the distributions may either shrink and human caused disturbance, such as survival and recovery of Chorizanthe temporarily disappear, or, if there is a scraping along roadsides and firebreaks pungens var. pungens is dependent residual seedbank present, enlarge and can favor the abundance of Chorizanthe upon the protection of existing cover a more extensive area. Therefore, pungens var. pungens by reducing population sites, and the maintenance patches of unoccupied habitat are competition from other herbaceous of ecological functions within these
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sites, including connectivity between the proposed critical habitat units using in 1993, the Installation-wide sites within close geographic proximity roads and known landmarks and, if Multispecies Habitat Management Plan to facilitate pollinator activity and seed necessary, township, range, and section for Former Fort Ord, California (HMP), dispersal mechanisms, and the ability to numbers from the public land survey. was prepared in 1994 and revised in maintain disturbance factors (for We also considered the status of 1997 by the Army to address listed, example dune dynamics in the coastal habitat conservation plan (HCP) efforts proposed, candidate, and sensitive sites, and fire disturbance at inland site) in proposing areas as critical habitat. species and their habitat. The HMP that maintain the openness of vegetative Section 10(a)(1)(B) of the Act authorizes provides a comprehensive plan for cover that the species depends on. us to issue permits for the take of listed minimizing and mitigating impacts to Threats to the habitat of Chorizanthe species incidental to otherwise lawful sensitive species and their habitats pungens var. pungens include: activities. An incidental take permit while allowing disposal and industrial and recreational application must be supported by an redevelopment of the base. Over 6,070 development, road development, human HCP that identifies conservation ha (15,000 ac) would be designated for and equestrian recreational use, and measures that the permittee agrees to habitat conservation. Bureau of Land dune stabilization as a result of the implement for the species to minimize Management (BLM) would receive introduction of non-native species (59 and mitigate the impacts of the approximately 5,670 ha (14,000 ac) of FR 5499; February 4, 1994). The areas permitted incidental take. The only HCP undeveloped land to be managed for we are proposing to designate as critical that is operative and has an executed habitat and sensitive species. California habitat provide some or all of the habitat Implementation Agreement (IA) within Department of Parks and Recreation components essential for the critical habitat being proposed for (CDPR) would receive the coastal conservation of C. p. var. pungens. Chorizanthe pungens var. pungens is properties, a large portion of which Given the species’ need for an open the HCP for the North of Playa project would be restored and managed for plant community structure and the risk site (Zander Associates 1995), within sensitive species. Several other entities of non-native species, we believe that Sand City. Subsection 4(b)(2) of the Act would also receive property which they these areas may require special allows us to exclude from critical would manage for conservation of management considerations or habitat designation areas where the habitat and sensitive species. The protection. benefits of exclusion outweigh the remaining areas of the base, including In our delineation of the critical benefits of designation, provided the many areas that have already been habitat units, we believed it was exclusion will not result in the developed as part of the base operations, important to designate core areas as well extinction of the species. would be available for land as areas that occur on the periphery of Habitat for Chorizanthe pungens var. development. As of September 2000, a the Chorizanthe pungens var. pungens’ pungens in the HCP plan area is already total of approximately 4,290 ha (10,600 managed for the benefit of this and other range. When possible, areas that were in ac) of former Fort Ord had been covered species under the terms of the close geographic proximity were transferred. Approximately 3,190 ha associated section 10(a)(1)(B) permit. included in the same unit to emphasize (7,880 ac) identified as habitat reserve The assurances provided through the the need to maintain connectivity were transferred, of which about 2,910 HCP and permit are believed sufficient between different populations. We also ha (7,200 ac) were transferred to BLM, to provide for the conservation of C. p. included habitat for C. p. var. pungens 260 ha (640 ac) were transferred to the var. pungens, and any additional benefit adjacent to and contiguous to areas of University of California, Santa Cruz, and known occurrences to maintain provided by designating these lands as 16 ha (40 ac) were transferred to the City landscape scale processes. Each critical habitat would be minimal at of Marina. mapping unit contains habitat that is best. In contrast, the benefits of occupied by C. p. var. pungens. Some excluding lands covered by this HCP On former Fort Ord lands, the HMP units were mapped with a greater would be significant in preserving would be the basis of each HCP precision than others, based on the positive relationships with our submitted by a non-Federal land available information, the size of the conservation partners, particularly by recipient applying for a section unit, and the time allotted to complete reinforcing the regulatory assurances 10(a)(1)(B) incidental take permit. A this proposed rule. We anticipate that in provided for in the implementation draft programmatic HCP submitted by the time between the proposed rule and agreement for the HCP. Although these the Fort Ord Reuse Authority is under the final rule, and based upon the benefits may be relatively small in this review by the Service. Recently, the additional information received during case, we believe they outweigh the Army’s ability to fully implement the the public comment period, that the negligible benefits of designating this HMP has come into question. If the boundaries of certain mapping units area as critical habitat. Furthermore, we Army is not able to fully implement will be refined. have determined that excluding this those measures in the HMP that protect The proposed critical habitat units area from critical habitat designation and conserve listed and sensitive were delineated by creating data layers will not result in the extinction of the species, then the design of reserve and in a geographic information system species. Consequently, these lands have development lands may need to be (GIS) format of the areas of known not been included in this proposed reevaluated. Due to this uncertainty and occurrences of Chorizanthe pungens critical habitat designation. because the cleanup and transfer of var. pungens, using information from A large effort is currently underway to lands is not yet complete, we are not the California Natural Diversity Data address the conservation needs for a excluding from the proposed Fort Ord Base (CNDDB 2000), recent biological number of threatened and endangered critical habitat unit those portions of surveys and reports, our recovery plan species, in addition to sensitive unlisted former Fort Ord that support for this species, and discussions with species, for the lands formerly known as Chorizanthe pungens var. pungens and botanical experts. These data layers Fort Ord. The Defense Base Realignment are designated for development in the were created on a base of USGS 7.5′ and Closure Commission selected the HMP. However, if the HMP is fully quadrangles obtained from the State of 11,340-ha (28,000-ac) Fort Ord for implemented and the anticipated HCPs California’s Stephen P. Teale Data closure in 1991. As a requirement of a for former Fort Ord lands are completed Center. We defined the boundaries for biological opinion issued by the Service and implemented, then we anticipate
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that development according to the Coastal Units Inland Units current HMP would not result in an Unit F: Freedom Boulevard Unit adverse modification of critical habitat Unit A: Manresa Unit Unit F consists of grassland, maritime for C. p. var. pungens. Unit A consists of coastal beaches and chaparral, and oak woodland habitat Throughout this designation, in bluffs southwest of the community of La near the western terminus of Freedom selecting areas of proposed critical Selva Beach in southern Santa Cruz Boulevard and northeast of Highway 1 habitat we made an effort to avoid County. This entire unit is within in Santa Cruz County. This entire unit developed areas, such as housing Manresa State Beach. developments, that are unlikely to consists of privately owned lands. contribute to the conservation of Unit B: Sunset Unit Unit G: Bel Mar Unit Chorizanthe pungens var. pungens. However, we did not map critical Unit B consists of coastal beaches, Unit G consists of maritime chaparral habitat in sufficient detail to exclude all dunes and bluffs west of Watsonville in habitat near the terminus of Bel Mar developed areas, or other lands unlikely southern Santa Cruz County. This entire Dive, between Larkin Valley Road and to contain the primary constituent unit is within Sunset State Beach. The Highway 1 in southern Santa Cruz elements essential for the conservation unit includes land from Sunset Beach County. This entire unit consists of of C. p. var. pungens. Areas within the Road south to Beach Road, just north of privately owned lands. boundaries of the mapped units, such as the mouth of the Pajaro River. Unit H: Prunedale Unit buildings, roads, parking lots, railroads, Unit C: Moss Landing Unit Unit H consists of grassland, maritime airport runways and other paved areas, chaparral, and oak woodland in the area lawns, and other urban landscaped Unit C consists of coastal beaches, around Prunedale in northern Monterey areas will not contain any of the dunes and bluffs to the north and south County. On the west side of Highway primary constituent elements. Federal of the community of Moss Landing in 101, the unit includes Manzanita actions limited to these areas, therefore northern Monterey County. It includes County Park located between Castroville would not trigger a section 7 lands owned and managed by the state, Boulevard and the highway. On the east consultation, unless they affect the including portions of Zmudowski State side of the highway, the unit includes species and/or primary constituent Beach, Moss Landing State Beach, the area between Pesante Canyon Road elements in adjacent critical habitat. Salinas River State Beach, and Moss and Vierra Canyon Road. Proposed Critical Habitat Designation Landing Marine Laboratory. Local Approximately 8 percent of the unit agency lands (Moss Landing North consists of county park land, and 92 The proposed critical habitat areas Harbor District) comprise 1 percent of percent is privately owned. described below constitute our best the unit, while State lands comprise 66 assessment at this time of the areas percent, and private lands comprise 33 Unit I: Fort Ord Unit needed for the conservation and percent of the unit. Unit I consists of grassland, maritime recovery of Chorizanthe pungens var. chaparral, coastal scrub, and oak pungens. Critical habitat being proposed Unit D: Marina Unit woodland on the former DOD base at for C. p. var. pungens includes 11 units Unit D consists of coastal beaches, Fort Ord, east of the city of Seaside in that currently sustain the species. dunes and bluffs ranging from just south northern Monterey County. Portions of Protection of this proposed critical of the mouth of the Salinas River, south Fort Ord have been transferred to the habitat is essential for the conservation to the city of Monterey in northern Bureau of Land Management (BLM); of the species because the geographic University of California, Santa Cruz; range that C. p. var. pungens occupies Monterey County. Federal lands include a portion of the Salinas River National California State University at Monterey has been reduced to so few sites that the Bay; and local city and county species is threatened with extinction (59 Wildlife Refuge, lands known as former Fort Ord, and the U.S. Navy jurisdictions. As of September 2000, FR 5499). The areas being proposed as approximately 4,290 ha (10,600 ac) of critical habitat are either along the coast Postgraduate School, and comprise 42 percent of the unit. State lands include former Fort Ord had been transferred, of between Manresa State Beach in Santa which about 3,190 ha (7,880 ac) have Cruz County, south to Asilomar State Marina State Beach and Monterey State Beach and comprise 12 percent of the been designated as habitat reserve in the Beach in Monterey County, or are at Installation-wide Multispecies Habitat inland sites ranging from the Aptos area unit. Private lands account for 46 percent of the unit. This unit excludes Management Plan for Former Fort Ord, in Santa Cruz County, south to the California (HMP). As a result of these confluence of Arroyo Seco Creek and an area of 1.9 ha (4.6 ac) within Sand City known as North of Playa, because recent transfers, approximately 7 the Salinas River in Monterey County, percent of this critical habitat unit is California, and include the appropriate a habitat conservation plan for this restoration site included Chorizanthe state land and 5 percent is under local dune, maritime chaparral, or oak jurisdiction. We considered all other pungens var. pungens as a covered woodland habitat that supports C. p. land within this unit to be under federal species. var. pungens. We propose to designate jurisdiction (about 88 percent). approximately 10,400 ha (25,800 acres) Unit E: Asilomar Unit of land as critical habitat for C. p. var. Unit J: Del Rey Oaks Unit pungens. Approximately 54 percent of Unit E consists of coastal dunes and Unit J consists of grassland, maritime this area consists of federal lands, while bluffs near the communities of Pacific chaparral, and oak woodland near the State lands comprise approximately 8 Grove and Pebble Beach on the community of Del Rey Oaks, southeast percent, County lands comprise Monterey Peninsula in northern of the city of Seaside in northern approximately 5 percent, and private Monterey County. The unit is comprised Monterey County. Approximately 34 lands comprise approximately 33 of state lands at Asilomar State Beach percent of the unit is owned by percent of the proposed critical habitat. (about 24 percent) and private lands, Monterey County Airport, and 66 A brief description of each critical including those near Spanish Bay (about percent is privately owned. At one time, habitat unit is given below: 76 percent). Chorizanthe pungens var. pungens
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habitat in this area was most likely Unit K: Soledad Unit The approximate areas of proposed continuous with habitat in the southern critical habitat by land ownership are portion of Fort Ord. However, Unit K consists of an interior dune in shown in Table 1. Lands proposed are development in the Del Rey Oaks area the floodplain of the Salinas River under private, County, State, and has destroyed most of the intervening channel just south of the town of Federal jurisdiction, with Federal lands habitat. Soledad in central Monterey County. including lands managed by the DOD This entire unit is privately owned. and BLM.
TABLE 1.—APPROXIMATE AREAS, GIVEN IN HECTARES (HA) AND ACRES (AC)1 OF PROPOSED CRITICAL HABITAT FOR Chorizanthe pungens VAR. pungens BY LAND OWNERSHIP.
County and other Unit Name State lands Private lands local jurisdictions Federal lands Total
A. Manresa ...... 40 ha (100 ac) 40 ha (100 ac) B. Sunset ...... 50 ha (130 ac) 50 ha (130 ac) C. Moss Landing ...... 190 ha (465 ac) 95 ha (230 ac) 3 ha (8 ac) 283 ha (703 ac) D. Marina ...... 105 ha (265 ac) 410 ha (1,010 ac) 370 ha (915 ac) 885 ha (2,190 ac) E. Asilomar ...... 35 ha (85 ac) 110 ha (270 ac) 145 ha (355 ac) F. Freedom Blvd...... 90 ha (220 ac) 90 ha (220 ac) G. Bel Mar ...... 40 ha (95 ac) 40 ha (95 ac) H. Prunedale ...... 1,970 ha (4,875 ac) 165 ha (405 ac) 2,135 ha (5,280 ac) I. Fort Ord ...... 440 ha (1,085 ac) 310 ha (765 ac) 5,245 ha (12,960 ac) 5,995 ha (14,810 ac) J. Del Rey Oaks ...... 185 ha (460 ac) 95 ha (240 ac) 280 ha (700 ac) K. Soledad ...... 500 ha (1,235 ac) 500 ha (1,235 ac) Total ...... 860 ha (2,130 ac) 3,400 ha (8,395 ac) 573 ha (1,418 ac) 5615 ha (13,875 ac) 10,443 ha (25,818 ac) 1 Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals are sums of units.
Effects of Critical Habitat Designation conclusion of consultation, we issue a critical habitat is designated, if no Section 7(a) of the Act requires biological opinion concluding that significant new information or changes Federal agencies to ensure that actions project is likely to result in the in the action alter the content of the they fund, authorize, or carry out do not destruction or adverse modification of opinion (see 50 CFR 402.10 (d)). jeopardize the continued existence of a critical habitat, we also provide Regulations at 50 CFR 402.16 require listed species or destroy or adversely reasonable and prudent alternatives to Federal agencies to reinitiate modify its critical habitat. Destruction the project, if any are identifiable. consultation on previously reviewed or adverse modification of critical Reasonable and prudent alternatives are actions in instances where critical habitat is defined by our regulations as defined at 50 CFR 402.02 as alternative habitat is subsequently designated and a direct or indirect alteration that actions identified during consultation the Federal agency has retained appreciably diminishes the value of that can be implemented in a manner discretionary involvement or control is critical habitat for both the survival and consistent with the intended purpose of authorized by law. Consequently, some recovery of a listed species. Such the action, that are consistent with the Federal agencies may request alterations include, but are not limited scope of the Federal agency’s legal consultation or conferencing with us on to, alterations adversely modifying any authority and jurisdiction, that are actions for which formal consultation of those physical or biological features economically and technologically has been completed if those actions may that were the basis for determining the feasible, and that the Director believes affect designated critical habitat or habitat to be critical (50 CFR 402.02). would avoid destruction or adverse adversely modify or destroy proposed Individuals, organizations, States, local modification of critical habitat. critical habitat. governments, and other non-Federal Section 7(a)(4) requires Federal Activities on lands being proposed as entities are affected by the designation agencies to confer with us on any action critical habitat for the Chorizanthe of critical habitat only if their actions that is likely to jeopardize the continued pungens var. pungens or activities that occur on Federal lands, require a existence of a proposed species or result may indirectly affect such lands and Federal permit, license, or other in destruction or adverse modification that are conducted by a Federal agency, authorization, or involve Federal of proposed critical habitat. Conference funded by a Federal agency or that funding. reports provide conservation require a permit from a Federal agency Section 7 (a) of the Act means that recommendations to assist the agency in will be subject to the section 7 Federal agencies must evaluate their eliminating conflicts that may be caused consultation process. Federal actions actions with respect to any species that by the proposed action. The not affecting critical habitat, as well as is proposed or listed as endangered or conservation recommendations in a actions on non-Federal lands that are threatened and with respect to its conference report are advisory. We may not federally funded or permitted, will critical habitat, if any is designated or issue a formal conference report if not require section 7 consultation. proposed. Regulations implementing requested by a Federal agency. Formal Section 4(b)(8) of the Act requires us this interagency cooperation provision conference reports on proposed critical to briefly describe and evaluate in any of the Act are codified at 50 CFR 402. habitat contain a biological opinion that proposed or final regulation that If a Federal action may affect a listed is prepared according to 50 CFR 402.14, designates critical habitat those species or its critical habitat, the as if critical habitat were designated. We activities involving a Federal action that responsible Federal agency must enter may adopt the formal conference report may adversely modify such habitat or into consultation with us. If, at the as the biological opinion when the that may be affected by such
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designation. Activities that may destroy communication sites licensed by the Register, and we will open a comment or adversely modify critical habitat Federal Communications Commission, period at that time. would be those that alter the primary and authorization of Federal grants or Public Comments Solicited constituent elements to the extent that loans. Where federally listed wildlife the value of critical habitat for both the species occur on private lands proposed We intend that any final action survival and recovery of Chorizanthe for development, any habitat resulting from this proposal will be as pungens var. pungens is appreciably conservation plans submitted by the accurate and as effective as possible. reduced. We note that such activities applicant to secure a permit to take Therefore, comments or suggestions may also jeopardize the continued according to section 10(a)(1)(B) of the from the public, other concerned existence of the species. Activities that, Act would be subject to the section 7 governmental agencies, the scientific when carried out, funded, or authorized consultation process. Several other community, industry, or any other by a Federal agency, may directly or species that are listed under the Act interested party concerning this indirectly destroy or adversely modify occur in the same general areas as proposed rule are hereby solicited. critical habitat include, but are not Chorizanthe pungens var. pungens. Comments particularly are sought limited to: Chorizanthe robusta var. robusta occurs concerning: (1) Activities that alter watershed in close proximity to Chorizanthe (1) The reasons why any habitat characteristics in ways that would pungens var. pungens at Sunset State should or should not be determined to appreciably alter or reduce the quality Beach and the dunes at former Fort Ord; be critical habitat as provided by section or quantity of surface and subsurface sand gilia (Gilia tenuiflora ssp. arenaria) 4 of the Act, including whether the flow of water needed to maintain the occurs at Sunset State Beach, Marina benefit of designation will outweigh any maritime chaparral and oak woodland State Beach, dunes at former Fort Ord, threats to the species due to designation; communities at the inland sites. Such Asilomar State Beach, and Spanish Bay; (2) Specific information on the activities adverse to Chorizanthe Menzies’ wallflower (Erysimum amount and distribution of Chorizanthe pungens var. pungens could include, menziesii ssp. menziesii) occurs at pungens var. pungens habitat, and what but are not limited to, maintaining an Asilomar State Beach; Smith’s blue habitat is essential to the conservation unnatural fire regime either through fire butterfly occurs at dunes from Salinas of the species and why; (3) Land use designations and current suppression or prescribed fires that are River National Wildlife Refuge south to or planned activities in the subject areas too frequent or poorly-timed; residential the Naval Postgraduate School, and and their possible impacts on proposed and commercial development, including western snowy plover ranges from road building and golf course critical habitat; Zmudowski State Beach south along the (4) Any economic or other impacts installations; agricultural activities, coast to Monterey State Beach. including orchardry, viticulture, row resulting from the proposed designation If you have questions regarding crops, and livestock grazing; and of critical habitat, in particular, any whether specific activities will likely vegetation manipulation such as impacts on small entities or families; chaining or harvesting firewood in the constitute adverse modification of (5) Economic and other values watershed upslope from Chorizanthe critical habitat, contact the Field associated with designating critical pungens var. pungens; Supervisor, Ventura Fish and Wildlife habitat for Polygonum such as those (2) Activities that appreciably degrade Office (see ADDRESSES section). Requests derived from non-consumptive uses or destroy native maritime chaparral for copies of the regulations on listed (e.g., hiking, camping, bird-watching, and oak woodland communities at wildlife and inquiries about enhanced watershed protection, interior sites, including but not limited prohibitions and permits may be improved air quality, increased soil to livestock grazing, clearing, discing, addressed to the U.S. Fish and Wildlife retention, ‘‘existence values’’, and introducing or encouraging the spread Service, Portland Regional Office, 911 reductions in administrative costs); and of nonnative species, and heavy NE 11th Avenue, Portland, Oregon (6) The methodology we might use, recreational use. 97232–4181 (503/231–6131, FAX 503/ under section 4(b)(2) of the Act, in Designation of critical habitat could 231–6243). determining if the benefits of excluding affect the following agencies and/or Economic Analysis an area from critical habitat outweigh actions: development on private lands the benefits of specifying the area as requiring permits from Federal agencies, Section 4(b)(2) of the Act requires us critical habitat. such as 404 permits from the U.S. Army to designate critical habitat on the basis If you wish to comment, you may Corps of Engineers or permits from of the best scientific and commercial submit your comments and materials other Federal agencies such as Housing information available and to consider concerning this proposal by any one of and Urban Development, military the economic and other relevant several methods. You may mail activities of the U.S. Department of impacts of designating a particular area comments to the Assistant Field Defense (Navy and Army) on their lands as critical habitat. We may exclude areas Supervisor, Ventura Fish and Wildlife or lands under their jurisdiction, from critical habitat upon a Office, U.S. Fish and Wildlife Service, activities of the Bureau of Land determination that the benefits of such 2493 Portola Road, Suite B, Ventura, Management on their lands or lands exclusions outweigh the benefits of California 93003. You may also under their jurisdiction, activities of the specifying such areas as critical habitat. comment via the Internet to Federal Aviation Authority on their We cannot exclude such areas from [email protected]. Please submit lands or lands under their jurisdiction, critical habitat when such exclusion Internet comments as an ASCII file the release or authorization of release of will result in the extinction of the avoiding the use of special characters biological control agents by the U.S. species concerned. We will conduct an and any form of encryption. Please also Department of Agriculture, regulation of analysis of the economic impacts of include ‘‘Attn: [1018–AHO4] and your activities affecting point source designating these areas as critical name and return address in your pollution discharges into waters of the habitat prior to a final determination. Internet message.’’ If you do not receive United States by the Environmental When completed, we will announce the a confirmation from the system that we Protection Agency under section 402 of availability of the draft economic have received your Internet message, the Clean Water Act, construction of analysis with a notice in the Federal contact us directly by calling our
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Ventura Fish and Wildlife Office at rulemaking. Accordingly, the final draft economic analysis will be phone number 805–644–1766. Please determination may differ from this announced in the Federal Register so note that the Internet address proposal. that it is available for public review and ‘‘[email protected]’’ will be closed Public Hearings comments. out at the termination of the public (a) While we will prepare an comment period. Finally, you may The Endangered Species Act provides for one or more public hearing on this economic analysis to assist us in hand-deliver comments to our Ventura considering whether areas should be office at 2493 Portola Road, Suite B, proposal, if requested. Requests must be received within 45 days of the date of excluded pursuant to section 4 of the Ventura, California. Our practice is to Act, we do not believe this rule will make comments, including names and publication of the proposal in the Federal Register. Such requests must be have an annual economic effect of $100 home addresses of respondents, million or adversely affect an economic available for public review during made in writing and be addressed to the Field Supervisor (see ADDRESSES sector, productivity, jobs, the regular business hours. Individual environment, or other units of respondents may request that we section). We will schedule public hearings on this proposal, if any are government. Therefore we do not withhold their home address from the believe a cost benefit and economic rulemaking record, which we will honor requested, and announce the dates, times, and places of those hearings in analysis pursuant to EO 12866 is to the extent allowable by law. There required. also may be circumstances in which we the Federal Register and local would withhold from the rulemaking newspapers at least 15 days prior to the Under the Act, critical habitat may record a respondent’s identity, as first hearing. not be adversely modified by a Federal agency action; critical habitat does not allowable by law. If you wish us to Clarity of the Rule withhold your name and/or address, impose any restrictions on non-Federal Executive Order 12866 requires each you must state this prominently at the persons unless they are conducting agency to write regulations and notices beginning of your comment. However, activities funded or otherwise that are easy to understand. We invite we will not consider anonymous sponsored, authorized, or permitted by your comments on how to make this comments. We will make all a Federal agency (see Table 2 below). proposed rule easier to understand, submissions from organizations or Section 7 requires Federal agencies to including answers to questions such as businesses, and from individuals ensure that they do not jeopardize the the following—(1) Are the requirements identifying themselves as continued existence of the species. in the proposed rule clearly stated? (2) representatives or officials of Based upon our experience with this Does the proposed rule contain organizations or businesses, available species and its needs, we conclude that technical jargon that interferes with the for public inspection in their entirety. any Federal action or authorized action clarity? (3) Does the format of the Comments and materials received will that could potentially cause an adverse proposed rule (grouping and order of be available for public inspection, by modification of the proposed critical the sections, use of headings, appointment, during normal business habitat would currently be considered paragraphing, etc.) aid or reduce its hours at the above address. as ‘‘jeopardy’’ under the Act in areas clarity? (4) Is the description of the occupied by the species. Accordingly, Peer Review notice in the ‘‘Supplementary the designation of currently occupied In accordance with our policy Information’’ section of the preamble areas as critical habitat does not have published on July 1, 1994 (59 FR helpful in understanding the notice? any incremental impacts on what 34270), we will solicit the expert What else could we do to make this actions may or may not be conducted by opinions of three appropriate and proposed rule easier to understand? Federal agencies or non-Federal persons independent specialists regarding this Send a copy of any comments that that receive Federal authorization or proposed rule. The purpose of such concern how we could make this rule funding. The designation of areas as review is to ensure listing decisions are easier to understand to the office critical habitat where section 7 based on scientifically sound data, identified in the ADDRESSES section at consultations would not have occurred assumptions, and analyses. We will the beginning of this document. but for the critical habitat designation send these peer reviewers copies of this Required Determinations may have impacts on what actions may proposed rule immediately following or may not be conducted by Federal publication in the Federal Register. We Regulatory Planning and Review agencies or non-Federal persons who will invite these peer reviewers to In accordance with Executive Order receive Federal authorization or funding comment, during the public comment (EO) 12866, this document is a that are not attributable to the species period, on the specific assumptions and significant rule and was reviewed by the listing. We will evaluate any impact conclusions regarding the proposed Office of Management and Budget through our economic analysis (under listing and designation of critical (OMB). We are preparing a draft section 4 of the Act; see Economic habitat. analysis of this proposed action, which Analysis section of this rule). Non- We will consider all comments and will be available for public comment to Federal persons that do not have a information received during the 60-day determine the economic consequences Federal ‘‘sponsorship’’ in their actions comment period on this proposed rule of designating the specific areas as are not restricted by the designation of during preparation of a final critical habitat. The availability of the critical habitat.
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TABLE 2.—IMPACTS OF Chorizanthe pungens VAR. pungens LISTING AND CRITICAL HABITAT DESIGNATION
Categories of Activities Activities Potentially Affected by Species Listing Additional Activities Potentially Affected by Critical Only Habitat Designation 1
Federal Activities Potentially Af- Activities conducted by the Army Corps of Engi- Activities by these Federal Agencies in designated fected 2. neers, the Department of Housing and Urban De- areas where section 7 consultations would not velopment, and any other Federal Agencies. have occurred but for the critical habitat designa- tion Private or other non-Federal Activi- Activities that require a Federal action (permit, au- Funding, authorization, or permitting actions by Fed- ties Potentially Affected 3. thorization, or funding) and may remove or de- eral Agencies in designated areas where section stroy habitat for Chorizanthe pungens var. 7 consultations would not have occurred but for pungens by mechanical, chemical, or other means the critical habitat designation or appreciably decrease habitat value or quality through indirect effects (e.g., edge effects, inva- sion of exotic plants or animals, fragmentation of habitat). 1 This column represents activities potentially affected by the critical habitat designation in addition to those activities potentially affected by list- ing the species. 2 Activities initiated by a Federal agency. 3 Activities initiated by a private or other non-Federal entity that may need Federal authorization or funding.
(b) This rule will not create effect on a substantial number of small Environmental Protection Agency under inconsistencies with other agencies’ entities. As discussed under Regulatory section 402 of the Clean Water Act; actions. As discussed above, Federal Planning and Review above, this rule is (8) Construction of communication agencies have been required to ensure not expected to result in any restrictions sites licensed by the Federal that their actions not jeopardize the in addition to those currently in Communications Commission; and, continued existence of Chorizanthe existence for areas where section 7 (9) Authorization of Federal grants or pungens var. pungens since its listing in consultations would have occurred as a loans. 1994. The prohibition against adverse result of the species being listed under Potentially, some of these activities modification of critical habitat would the Act. We will also evaluate whether sponsored by Federal agencies within not be expected to impose any designation includes any areas where the proposed critical habitat areas are additional restrictions to those that section 7 consultations would occur carried out by small entities (as defined currently exist in the proposed critical only as a result of the critical habitat by the Regulatory Flexibility Act) habitat on currently occupied lands. designation, and in such cases through contract, grant, permit, or other We will evaluate any impact of determine if it will significantly affect a Federal authorization. As discussed in designating areas where section 7 substantial number of small entities. As above, these actions are currently consultations would not have occurred indicated on Table 1 (see ‘‘Proposed required to comply with the listing but for the critical habitat designation Critical Habitat Designation’’ section), protections of the Act, and the through our economic analysis. Because we have proposed to designate property designation of critical habitat is not of the potential for impacts on other owned by Federal, State, and County anticipated to have any additional Federal agency activities, we will governments, and private property. effects on these activities. continue to review this proposed action Within these areas, the types of For actions on non-Federal property for any inconsistencies with other Federal actions or authorized activities that do not have a Federal connection Federal agency actions. that we have identified as potential (such as funding or authorization), the (c) This proposed rule, if made final, concerns are: current, applicable restrictions of the will not materially affect entitlements, (1) Regulation of activities affecting Act remain in effect, and this rule will grants, user fees, loan programs, or the waters of the United States by the Army have no additional restrictions. rights and obligations of their recipients. Corps of Engineers under section 404 of Small Business Regulatory Enforcement Federal agencies are currently required the Clean Water Act; Fairness Act (5 U.S.C. 804(2)). to ensure that their activities do not (2) Development on private lands jeopardize the continued existence of requiring permits from other Federal In the economic analysis, we will the species, and, as discussed above, we agencies such as Housing and Urban determine whether designation of do not anticipate that the adverse Development; critical habitat will cause (a) any effect modification prohibition resulting from (3) Military activities of the U.S. on the economy of $100 million or critical habitat designation will have Department of Defense (Navy and Army) more, (b) any increases in costs or prices any incremental effects in areas of on their lands or lands under their for consumers, individual industries, occupied habitat. jurisdiction; Federal, State, or local government (d) This rule will not raise novel legal (4) Activities of the Bureau of Land agencies, or geographic regions; or (c) or policy issues. The proposed rule Management on their lands or lands any significant adverse effects on follows the requirements for under their jurisdiction; competition, employment, investment, determining critical habitat contained in (5) Activities of the Federal Aviation productivity, innovation, or the ability the Act. Authority on their lands or lands under of U.S.-based enterprises to compete their jurisdiction; with foreign-based enterprises. As Regulatory Flexibility Act (5 U.S.C. 601 (6) The release or authorization of discussed above, we anticipate that the et seq.) release of biological control agents by designation of critical habitat will not In the economic analysis (required the U.S. Department of Agriculture; have any additional effects on these under section 4 of the Act), we will (7) Regulation of activities affecting activities in areas where section 7 determine whether designation of point source pollution discharges into consultations should occur regardless of critical habitat will have a significant waters of the United States by the the critical habitat designation. We will
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evaluate through our economic analysis Federalism significantly affecting the quality of the any impact of designating areas where In accordance with Executive Order human environment. section 7 consultations would not have 13132, the rule does not have significant Government-to-Government occurred but for the critical habitat Federalism effects. A Federalism Relationship With Tribes designation. assessment is not required. As discussed above, the designation of critical habitat In accordance with the President’s Unfunded Mandates Reform Act (2 memorandum of April 29, 1994, U.S.C. 1501 et seq.) in areas currently occupied by Chorizanthe pungens var. pungens ‘‘Government-to-Government Relations In accordance with the Unfunded would have little incremental impact on With Native American Tribal Governments’’ (59 FR 22951) and the Mandates Reform Act (2 U.S.C. 1501 State and local governments and their Department of the Interior’s manual at August 25, 2000, et seq.): activities. The designations may have some benefit to these governments in 512 DM 2, we readily acknowledge our (a) We believe this rule will not that the areas essential to the responsibility to communicate ‘‘significantly or uniquely’’ affect small conservation of these species are more meaningfully with federally recognized governments. A Small Government clearly defined, and the primary Tribes on a Government-to-Government Agency Plan is not required. Small constituent elements of the habitat basis. The proposed designation of governments will be affected only to the necessary to the survival of the species critical habitat for Chorizanthe pungens extent that any programs having Federal are identified. While this definition and var. pungens does not contain any funds, permits, or other authorized identification does not alter where and Tribal lands or lands that we have activities must ensure that their actions what federally sponsored activities may identified as impacting Tribal trust will not adversely affect the critical occur, it may assist these local resources. habitat. However, as discussed above, governments in long range planning References Cited these actions are currently subject to rather than waiting for case-by-case equivalent restrictions through the section 7 consultation to occur. A complete list of all references cited listing protections of the species, and no herein, as well as others, is available further restrictions are anticipated to Civil Justice Reform upon request from the Ventura Fish and result from critical habitat designation In accordance with Executive Order Wildlife Office (see ADDRESSES section). 12988, the Department of the Interior’s of occupied areas. In our economic Author analysis we will evaluate any impact of Office of the Solicitor has determined designating areas where section 7 that this rule does not unduly burden The authors of this proposed rule are consultations would not have occurred the judicial system and does meet the Constance Rutherford and Diane Pratt, but for the critical habitat designation. requirements of sections 3(a) and 3(b)(2) Ventura Fish and Wildlife Office, U.S. of the Order. We designate critical Fish and Wildlife Service, 2493 Portola (b) This rule will not produce a habitat in accordance with the Road, Suite B, Ventura, California 93003 Federal mandate of $100 million or provisions of the Endangered Species (805/644–1766). greater in any year, that is, it is not a Act. The rule uses standard property ‘‘significant regulatory action’’ under descriptions and identifies the primary List of Subjects in 50 CFR Part 17 the Unfunded Mandates Reform Act. constituent elements within the Endangered and threatened species, The designation of critical habitat designated areas to assist the public in Exports, Imports, Reporting and imposes no obligations on State or local understanding the habitat needs of recordkeeping requirements, and governments. Chorizanthe pungens var. pungens. Transportation. Takings Paperwork Reduction Act of 1995 (44 Proposed Regulation Promulgation U.S.C. 3501 et seq.) In accordance with Executive Order Accordingly, the Service hereby 12630, this rule does not have This rule does not contain any proposes to amend part 17, subchapter significant takings implications. A information collection requirements for B of chapter I, title 50 of the Code of takings implication assessment is not which Office of Management and Federal Regulations, as set forth below: Budget approval under the Paperwork required. As discussed above, the Reduction Act is required. PART 17—[AMENDED] designation of critical habitat affects only Federal agency actions. The rule National Environmental Policy Act 1. The authority citation for part 17 will not increase or decrease current We have determined that an continues to read as follows: restrictions on private property Environmental Assessment and/or an Authority: 16 U.S.C. 1361–1407; 16 U.S.C. concerning this plant species. We do not Environmental Impact Statement as 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– anticipate that property values will be defined by the National Environmental 625, 100 Stat. 3500, unless otherwise noted. affected by the critical habitat Policy Act of 1969 need not be prepared 2. In § 17.12(h) revise the entry for designations. Landowners in areas that in connection with regulations adopted Chorizanthe pungens var. pungens are included in the designated critical pursuant to section 4(a) of the Act. A under ‘‘FLOWERING PLANTS’’ to read habitat will continue to have notice outlining our reason for this as follows: opportunity to utilize their property in determination was published in the ways consistent with State law and with Federal Register on October 25, 1983 § 17.12 Endangered and threatened plants. the continued survival of the plant (48 FR 49244). This proposed rule does * * * * * species. not constitute a major Federal action (h) * * *
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Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules
FLOWERING PLANTS
******* Chorizanthe pungens Spineflower ...... Monterey ...... Polygonaceae— T 17.96(b) NA var. pungens. U.S.A. (CA) ...... Buckwheat.
*******
3. In § 17.96, as proposed to be (ii) the plant communities that (vi) Seed dispersal mechanisms amended at 65 FR 66865, November 7, support associated species, including between existing colonies and other 2000, amend paragraph (b) by adding an coastal dune, coastal scrub, grassland, potentially suitable sites. entry for Chorizanthe pungens var. maritime chaparral, oak woodland, and (3) Critical habitat does not include pungens in alphabetical order under interior floodplain dune communities, existing features and structures, such as Family Polygonaceae to read as follows: and have a structure such that there are buildings, roads, aqueducts, railroads, airports, other paved areas, lawns, and § 17.96 Critical habitat—plants. openings between the dominant other urban landscaped areas not * * * * * elements (e.g scrub, shrub, oak trees, clumps of herbaceous vegetation); containing one or more of the primary (b) * * * constituent elements. Family Polygonaceae: Chorizanthe (iii) the plant communities that pungens var. pungens (Monterey contain no or little cover by nonnative Critical Habitat Map Units spineflower) species which would compete for Township/Range/Section boundaries (1) Critical habitat units are depicted resources available for growth and are based upon Public Land Survey for Santa Cruz and Monterey counties, reproduction of Chorizanthe pungens System. Within the historical California, on the maps below. var. pungens; and (2) The primary constituent elements boundaries of former Spanish Land of critical habitat for Chorizanthe (iv) Pollinator activity between Grants, boundaries are based upon pungens var. pungens are the habitat existing colonies of Chorizanthe section lines that are extensions to the components that provide: pungens var. pungens; Public Land Survey System developed by the California Department of Forestry (i) Sandy soils associated with active (v) Physical processes, such as coastal dunes, coastal bluffs with a and obtained by the Service from the occasional soil disturbance, that support State of California’s Stephen P. Teale deposition of windblown sand, inland natural dune dynamics along coastal sites with sandy soils, and interior Data Center. areas; and floodplain dunes; BILLING CODE 4310–55–P
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Coastal Units: eastern boundary of Manresa State with Crest Drive; then proceeding west Unit A: Manresa Unit. Santa Cruz Beach until reaching a point just to the eastern boundary of Manresa County, California. From USGS 7.5′ northwest of the Access Road; State Beach; proceeding southeast to the quadrangle map Watsonville West, proceeding 0.2 km (0.10 mi) southeast to southern boundary of Manresa State California. Lands located within T.11 S., the boundary of Manresa State Beach, Beach; proceeding west to mean high R.1 E., sec. 33 and T.12 S., R.1 E., sec. then proceeding northeast following the tide following the southern boundary of 1 4, W ⁄2 sec. 3 are being proposed for boundary of Manresa State Beach until Manresa State Beach; then proceeding critical habitat. The outer perimeter of reaching a point 0.24 km (0.15 mi) northwest along mean high tide to the this unit is bounded by the following: northwest of Sea View Terrace; northern boundary of Manresa State Beginning at the northern boundary of proceeding southeast to Sea View Beach. Manresa State Beach, proceeding Terrace and continuing southeast along southeast and then northeast along the Sea View Terrace to the intersection
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Unit B: Sunset Unit. Santa Cruz following: Beginning at the northern east and then proceeding west to mean County, California. From USGS 7.5′ boundary of Sunset State Beach at high water; proceeding northwest along quadrangle map Watsonville West, Monte Vista Way; proceeding northwest mean high water 2.17 km (1.35 mi) to California. Lands located within T.12 S., along Monte Vista Way to Shell Road; a point perpendicular to the boundary R.1 E., sec. 14 and sec. 23 are being proceeding southeast 2.33 km (1.45 mi) of Sunset State Beach; proceeding proposed for critical habitat. The outer along Shell Road; turning west at the northeast to point of beginning. perimeter of this unit is bounded by the point at which Shell Road veers to the
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Unit C: Moss Landing Unit. Santa water; proceeding northwest along mean of SW1⁄4 sec. 30 (T.13 S., R.2 E.); Cruz County, California. From USGS high water to the mouth of Pajaro River; proceeding west about 0.23 km (0.14 mi) 7.5′ quadrangle map Moss Landing, proceeding northeast to the northern to the section line of T.13 S., R.1 E., sec. California. This unit contains portions boundary of Zmudowski State Beach. 25; proceeding south about 0.40 km of Zmudowski State Beach, Moss In addition, an area known as Moss (0.25 mi) along the section line of T.13 Landing State Beach, Moss Landing Landing North Harbor, located within S., R.1 E., sec. 25; proceeding west 0.08 North Harbor, Moss Landing Marine T.13 S., R.2 E., sec. 7, is being proposed km (0.05 mi) to the western line of Laboratory, and Salinas River State for critical habitat. The outer perimeter Township 13, Range 1; proceeding Beach. of this subunit is bounded by the south about 0.8 km (0.5 mi) to the line The boundaries of Zmudowski, Moss following: Beginning at the southwest of T.13 S., R.1 E., N1⁄2 sec. 36; Landing, and Salinas River State corner of the Highway 1 and Jetty Road proceeding west 0.56 km (0.35 mi) to Beaches reflect the boundaries indicated intersection; proceeding south 0.3 km the mean high tide; proceeding north on the USGS map as of 1994. Lands (0.2 mi) to the Elkhorn Yacht club; about 5.23 km (3.25 mi) along mean located within T.12 S., R.1 E., sec. 36; proceeding west to the shoreline of high tide to the road extending from the T.13 S., R.1 E., sec. 1; T.13 S., R.2 E., North Harbor; proceeding north along bridge over the Salinas River; sec. 6, sec. 7 are being proposed for the shoreline to Jetty Road; proceeding proceeding southeast about 0.16 km critical habitat. The outer perimeter of east along Jetty Road to its intersection (0.10 mi) to the corner of Sandholdt this subunit is bounded by the with Highway 1. Road and a bridge over the Salinas following: Beginning at northern South of Elkhorn Slough, lands River. boundary of Zmudowski State Beach located within T.13 S., R.1 E., sec. 25, An additional area located within just south of the Pajaro River, N1⁄2 sec. 36; T.13 S., R.2 E., sec. 18, sec. section 18, which encompasses portions proceeding east then southwest then 19, W1⁄2 of NW1⁄4 of SW1⁄4 sec. 30, W1⁄4 of Moss Landing Marine Laboratory, is east along the eastern boundary of of NW1⁄4 sec. 30 are being proposed for being proposed for critical habitat and is Zmudowski State Beach; proceeding 2.7 critical habitat. The outer perimeter of bounded by the following: beginning km (1.7 mi) southeast along the eastern this subunit is bounded by the west of Moro Cojo Slough at the boundary to the southern boundary of following: Beginning at the corner of intersection of Moss Landing Road and Zmudowski State Beach; continuing Sandholdt Road and a bridge over the the bridge over Salinas River; southeast for 0.6 km (0.4 mi) to the Salinas River; proceeding south along proceeding south 0.8 km (0.5 mi) along northeastern boundary of Moss Landing Sandholdt Road to its terminus at Moss Landing Road; proceeding west State Beach; proceeding southeast along Potrero Road; proceeding south along 0.5 km (0.3 mi) along the section line of the eastern boundary of Moss Landing the eastern boundary of Salinas River T.13 S., R.2 E., sec. 18 (north of Potrero State Beach west of Bennett Slough to State Beach to its terminus; continuing Road) to the Salinas River; proceeding Jetty Road; proceeding south along Jetty south about 0.5 km (0.3 mi) along the north 0.8 km (0.5 mi) along the Salinas Road 1.0 km (0.6 mi) and then line of W1⁄4 of NW1⁄4 sec. 30 (T.13 S., River to the bridge; proceeding southwest along Jetty Road near the R.2 E.); continuing south about 0.4 km southeast along the bridge to the its mouth of Elkhorn Slough to mean high (0.25 mi) along the line of W1⁄2 of NW1⁄4 intersection with Moss Landing Road.
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Unit D: Marina Unit. Monterey, of Neponset Road; proceeding west 0.40 Railroad, just west of Del Monte California. From USGS 7.5′ quadrangle km (0.25 mi) along the access road to Boulevard; proceeding southwest along maps Marina, Seaside, and Monterey, another existing access road; proceeding California Boulevard to its terminus; California. The boundaries of Salinas southeast 0.56 km (0.35 mi) along this proceeding south along Contra Costa National Wildlife Refuge and Marina access road to the western line of Street to its intersection with Del Monte State Beach, and the township and Township 14, Range 1; proceeding Boulevard; proceeding southwest along range lines reflect the boundaries south approximately 2 miles along the Del Monte Boulevard to its intersection indicated on USGS map as of 1983. eastern line of Range 1 to its intersection with Canyon Del Rey Boulevard; Lands located within the following with Highway 1; proceeding west 0.1 proceeding northwest along Canyon Del sections are being proposed for critical mile to Dunes Drive; proceeding Rey Boulevard to Highway 1; habitat: T.14 S., R.1 E., S1⁄2 sec. 1, sec. southwest approximately 0.8 km (0.5 proceeding south about 0.72 km (0.45 12, sec. 13, sec. 24, sec. 25, sec. 26, sec. mi) along Dunes Drive to the northern 35, sec. 36; T.15 S., R.1 E., sec. 2, sec. boundary of Marina State Beach; mi) along Highway 1 to its intersection with Del Monte Avenue; proceeding 10, sec. 11, sec. 15, sec. 16, NW1⁄4sec. following the northern and then eastern southwest and then west about 1.9 km 22, sec. 21, sec. 20, NW1⁄4 sec. 28, NE1⁄4 boundary of Marina State Beach for sec. 29. The outer perimeter of this unit approximately 2.1 km (1.3 mi) to the (1.2 mi) along Del Monte Avenue to the is bounded by the following: Beginning northern boundary of former Fort Ord; half section line of T.15 S., R.1 E, sec. at the southwestern corner of the proceeding south about 0.8 km (0.5 mi) 29; proceeding north to mean high tide; boundary of the Salinas River National along the Southern Pacific Railroad to proceeding northeast and then north Wildlife Refuge; proceeding north along its intersection with Beach Range Road; about 17.1 km (10.6 mi) along mean mean high water to an existing trail proceeding south about 5.6 km (3.5 mi) high tide to the southwestern corner of south of the saline pond; proceeding along Beach Range Road to its terminus; the boundary of the Salinas River northeast about 0.8 km (0.5 mi) along proceeding south to the Southern National Wildlife Refuge. This habitat the trail to the intersection of the trail Pacific Railroad; proceeding south 0.5 unit excludes all areas covered under with an existing access road; proceeding km (0.3 mi) along Southern Pacific the Habitat Conservation Plan for the southeast about 0.3 km (0.2 mi) along Railroad to its intersection with North of Playa Redevelopment Project the access road to its intersection with Highway 1; continuing south about 1.20 in Sand City. an access road just west of the terminus km (0.75 mi) along the Southern Pacific
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Unit E: Asilomar Unit. Monterey Drive to its intersection with Arena south along Seventeen Mile Drive about County, California. From USGS 7.5′ Avenue; proceeding east 0.24 km (0.15 1.2 km (0.75 mi); proceeding west about quadrangle map Monterey, California. mi) along Arena Avenue to its terminus; 1.0 km (0.6 mi) along Seventeen Mile Lands located within T.18 S., R.1 W., proceeding south about 1.2 km (0.75 mi) Drive; proceeding north to mean high sec. 11, sec. 14, sec. 15, and sec. 22 are along Asilomar Boulevard to its tide; proceeding north about 3.5 km (2.2 being proposed for critical habitat. The terminus at Sunset Drive; proceeding mi) along mean high tide to a point west outer perimeter of this critical habitat south 0.24 km (0.15 mi) to the section of Lighthouse Avenue; proceeding east unit is bounded by the following: line of T.18 S., R.1 W., sec. 14; about 0.16 km (0.10 mi) to the corner of Beginning at the corner of Sunset Drive proceeding west 0.56 km (0.35 mi) along Sunset Drive and Lighthouse Avenue. and Lighthouse Avenue; proceeding the section line of T.18 S., R.1 W., sec. south 0.56 km (0.35 mi) along Sunset 14 to Seventeen Mile Drive; proceeding
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Inland units: Unit F: Freedom Boulevard Unit. Santa Cruz County, California. From USGS 7.5′ quadrangle map Watsonville West,
California. The following lands are being proposed for critical habitat: T.11 S., R.1 E., SW1⁄4 sec. 10, excluding land
north of Freedom Boulevard, and SE1⁄4 sec. 9, bounded to the west by Freedom Boulevard and McDonald Road (formerly southwest leg of Day Valley Road) and to the north by Apple Lane.
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Unit G: Bel Mar unit. Santa Cruz West of Highway 101, the following section 18 are excluded from this unit: County, California. From USGS 7.5′ areas of Manzanita Regional Park the NE1⁄4 of NE1⁄4 of SW1⁄4 sec.18, and quadrangle map Watsonville West, located within T.13 S., R.3 E., sec. 18, the N1⁄2 of NW1⁄4 of SE1⁄4 sec. 18. California. The following lands are sec. 17, sec. 19 are being proposed for East of Highway 101, lands located critical habitat: E1⁄2 of NE1⁄4 and S1⁄2 sec. being proposed for critical habitat: T.11 within T.13 S., R.3 E., W1⁄2 sec.10, sec. 1 2 18, excluding all areas outside of the S., R.1 E., E ⁄ sec. 27, bounded to the 9, W1⁄2 sec. 15, sec. 16, sec. 17, W1⁄2 sec. boundary of Manzanita Regional Park north by East Bel Mar Drive and to the 1 and the area north of Castroville 22, sec. 21, sec. 20, W ⁄2 sec. 27, sec. 28, south by Highway 1. sec. 29, NW1⁄4 sec. 34, N1⁄2 sec. 33 are Boulevard; W1⁄2 sec. 17, excluding the Unit H: Prunedale Unit. Monterey area east of San Miguel Canyon Road being proposed for critical habitat. This ′ County, California. From USGS 7.5 and the area north of Castroville subunit excludes land west and north of quadrangle map Prunedale, California. Boulevard. N1⁄2 of N1⁄2 of sec. 19, Highway 101, land north of Crazy Horse The boundary of Manzanita Regional excluding all areas outside of the Road (in sec. 10) and the area between Park reflect the boundary indicated on boundary of Manzanita Regional Park. Reese Circle and Highway 101 (in sec. USGS map as of 1993. In addition, the following portions of 29).
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Unit I: Fort Ord Unit: Monterey proceeding southeast along Reservation Reservation Road; proceeding northwest County, California. From USGS 7.5′ Road to Inter-Garrison Road; proceeding along Reservation Road to the western quadrangle maps Seaside, Marina, west along Inter-Garrison Road to Old boundary of former Fort Ord; Salinas, and Spreckels, California. The Country Road; proceeding south along proceeding northeast then northwest boundaries of former Fort Ord reflect Old Country Road to Watkins Gate along the western boundary of former the boundaries indicated on USGS maps Road; proceeding east along Watkins Fort Ord; then proceeding about 3 km (2 as of 1983 and 1984. The following Gate Road to Barloy Canyon Road; mi) along the northern boundary to the sections located within former Fort Ord proceeding south 5.25 miles south to the northeastern corner of the boundary of are being proposed for critical habitat: southern boundary of former Fort Ord, former Fort Ord. This unit excludes T.14 S., R.2 E., E1⁄2 sec. 30, sec. 29, SE1⁄4 just east of Laguna Seca; proceeding 4.3 paved areas of Marina Airport, located of SE1⁄4 sec. 20, SW1⁄4 sec. 21, W1⁄2 sec. km (2.7 mi) southwest then 2.7 km (1.7 north of Reservation Road, and the 28, sec. 32, sec. 33, E1⁄2 sec. 31; T.15 S., mi) northwest along the southern campus of California State University at R.2 E., sec. 3 through sec. 10, sec. 15 boundary of former Fort Ord to General Monterey Bay, located south of through sec. 21, sec. 28 through sec. 32, Jim Moore Boulevard (formerly North- Reservation Road. NW1⁄4 sec. 33; T.15 S., R.1 E. sec. 12, South Road); proceeding northeast Unit J: Del Rey Oaks Unit. Monterey sec. 13, E1⁄2 sec. 14, sec. 24 through sec. about 3.62 km (2.25 mi) along General County, California. From USGS 7.5′ 35; T.16 S., R.1 E, sec. 1. Jim Moore Boulevard to Eucalyptus quadrangle map Seaside, California. The The outer perimeter of this unit is Road; proceeding northeast 2.4 km (1.5 boundaries of former Fort Ord reflect bounded by the following: Beginning at mi) along Eucalyptus Road to Parker the boundaries indicated on USGS maps the northeastern corner of the former Flats Cut Off; proceeding north then as of 1983 and 1984. The following Fort Ord boundary in T.14 S., R.2 E. sec. northwest along Parker Flats Cut Off to lands are being proposed for critical 21; proceeding south 1.20 km (0.75 mi) Parker Flats Road; proceeding east then habitat: T.15 S., R.1 E., E1⁄2 sec. 34, along the eastern boundary of former north along Parker Flats Road to Gigling excluding lands south of Highway 68; Ford Ord to its intersection with the Road; continuing north along 8th T.15 S., R.1 E., sec. 35, excluding land Salinas River; proceeding southeast 0.8 Avenue to Inter-Garrison Road; south and west of highway 68; T.15 S., km (0.5 mi) along the eastern edge of the proceeding west along Inter-Garrison R.1 E., SW1⁄4 sec. 36, excluding lands Salinas River; continuing southeast 0.40 Road to the 8th Street Cut Off; north of the former boundary of Fort km (0.25 mi) to West Blanco Road; proceeding northwest along 8th Street Ord; T.16 S., R.1 E., NW1⁄4 sec. 1 and proceeding southwest along West Cut Off to Imjin Road; proceeding NE1⁄4 sec. 2, excluding lands south of Blanco Road to Reservation Road; northeast along Imjin Road to Highway 68.
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Unit K: Soledad Unit. Monterey County, California. From USGS 7.5′ quadrangle map Soledad, California. The following lands are being proposed for critical habitat: T.17 S., R.6 E., NE1⁄4 sec. 32, NE1⁄4 of SE1⁄4 sec. 32, SW1⁄4 of NW1⁄4 sec. 33, NW1⁄4 of SW1⁄4 sec. 33, S1⁄4 of SW1⁄4 sec. 33, S1⁄2 of SE1⁄4 sec. 35, S1⁄2 of S1⁄2 sec. 36; T.18 S., R.6 E., E1⁄2 and NW1⁄4 sec. 4, N1⁄2 of NE1⁄4 sec. 2.
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* * * * * Road, Suite B, Ventura, California, (km) (30 miles (mi)) inland. Polygonum Dated: January 16, 2001 93003. hickmanii differs from P. parryi in its Kenneth L. Smith, You may also send comments by larger white flowers, longer leaves, electronic mail (e-mail) to larger anthers and achenes, and longer, Assistant Secretary for Fish and Wildlife and straight stem sheath (Hinds and Morgan Parks. [email protected]. See the Public Comments Solicited section below for 1995). [FR Doc. 01–1836 Filed 2–14–01; 8:45 am] file format and other information about Chorizanthe robusta var. hartwegii is BILLING CODE 4310–55–C electronic filing. a low-growing herb with rose-pink You may hand-deliver comments to involucral margins confined to the basal portion of the teeth and an erect habit. DEPARTMENT OF THE INTERIOR our Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 The aggregate flowers (heads) are Fish and Wildlife Service Portola Road, Suite B, Ventura, medium in size (1 to 1.5 cm (0.4 to 0.6 California 93003. in.) in diameter) and distinctly 50 CFR Part 17 Comments and materials received will aggregate. The plant germinates during be available for public inspection, by the winter months and flowers from RIN 1018–AH82 appointment, during normal business April through June. Although hours at the above address. pollination ecology has not been studied Endangered and Threatened Wildlife for this taxon, it is likely visited by a and Plants; Proposed Designation of FOR FURTHER INFORMATION CONTACT: Connie Rutherford, Ventura Fish and wide array of pollinators; observations Critical Habitat for Polygonum of pollinators on other species of hickmanii (Scotts Valley Polygonum) Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Chorizanthe that occur in Santa Cruz and Chorizanthe robusta var. hartwegii County have included leaf cutter bees (Scotts Valley Spineflower) Ventura, California 93003 (telephone 805/644–1766; facsimile 805/644–3958). (megachilids), at least 6 species of butterflies, flies, and sphecid wasps. AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Interior. Each flower produces one seed; depending on the vigor of individual ACTION: Proposed rule. Background plants, dozens, if not hundreds, of seeds Polygonum hickmanii and SUMMARY: We, the U.S. Fish and could be produced. The importance of Chorizanthe robusta var. hartwegii are pollinator activity in seed set has been Wildlife Service (Service), propose to endemic to Purisima sandstone and designate critical habitat pursuant to the demonstrated in another species of Santa Cruz mudstone in Scotts Valley in Chorizanthe by the production of seed Endangered Species Act of 1973, as the Santa Cruz Mountains. Chorizanthe amended (Act), for Polygonum with low viability where pollinator robusta var. hartwegii was listed as access was limited (Harding Lawson hickmanii (Scotts Valley polygonum) endangered on February 4, 1994 (59 FR and Chorizanthe robusta var. hartwegii Associates 2000). Seed dispersal is 5499). Polygonum hickmanii was facilitated by the involucral spines, (Scotts Valley spineflower). proposed as endangered on November 9, Approximately 125 hectares (310 acres) which attach the seed to passing 2000 (65 FR 67335). animals. Chorizanthe robusta var. of land fall within the boundaries of the Polygonum hickmanii is a small, proposed critical habitat designation. hartwegii is one of two varieties of the erect, taprooted annual in the species C. robusta. The other variety (C. Proposed critical habitat is located in buckwheat family (Polygonaceae). It Santa Cruz County, California. Critical robusta var. robusta), known as the grows from 2 to 5 centimeters (cm) (1 to robust spineflower, is known from the habitat receives protection from 2 inches (in.)) tall, and can be either destruction or adverse modification coast of southern Santa Cruz and single stemmed or profusely branching northern Monterey counties and also is through required consultation under near the base in more mature plants. section 7 of the Act with regard to listed as endangered. The linear-shaped leaves are 0.5 to 3.5 Polygonum hickmanii and actions carried out, funded, or cm (0.2 to 1.4 in.) long and 1 to 1.5 cm Chorizanthe robusta var. hartwegii are authorized by a Federal agency. Section (0.4 to 0.6 in.) wide and tipped with a known from two sites about one mile 4 of the Act requires us to consider sharp point. The single white flowers apart at the northern end of Scotts economic and other relevant impacts consist of two outer tepals and three Valley in Santa Cruz County, California. when specifying any particular area as inner tepals and are found in the axils The plants are found on gently sloping critical habitat. of the bracteal leaves. The plant flowers to nearly level fine-textured shallow We solicit data and comments from from late May to August. Seed soils over outcrops of Santa Cruz the public on all aspects of this production ranges from a few dozen in mudstone and Purisima sandstone proposal, including data on economic a typical individual to as many as two (Hinds and Morgan 1995). Together they and other impacts of the designation. hundred in a particularly robust occur with other small annual herbs in We may revise this proposal to individual (R. Morgan, pers. comm. patches within a more extensive annual incorporate or address new information 1998). Although pollination for this grassland habitat. These small patches received during the comment period. species has not been studied, Morgan have been referred to as ‘‘wildflower DATES: We will accept comments until observed a sphecid wasp (family fields’’ because they support a large April 16, 2001. Public hearing requests Sphecidae) visitation to an individual of number of native herbs, in contrast to must be received by April 2, 2001. P. hickmanii (Morgan, pers. comm. the adjacent annual grasslands that ADDRESSES: If you wish to comment, 1998). Other potential pollinators have support a greater number of non-native you may submit your comments and not been identified at this time, and the grasses and herbs. While the wildflower materials concerning this proposal by degree to which P. hickmanii depends fields are underlain by shallow, well- any one of several methods: on insect pollinators (rather than being draining soils, the surrounding annual You may submit written comments self-pollinated) has not been grasslands are underlain by deeper soils and information to the Field Supervisor, determined. The nearest location of a with a greater water-holding capacity, Ventura Fish and Wildlife Office, U.S. closely related species, P. parryi, is at and therefore more easily support the Fish and Wildlife Service, 2493, Portola Mount Hamilton, about 48 kilometers growth of non-native grasses and herbs.
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