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* * * * * means that we will post any personal to the below Prado Dated: November 19, 2009. information you provide us (see the Dam (Subunit 1B). (6) Specific information on the Santa Thomas L. Strickland, Public Comments section below for more information). Ana sucker, habitat conditions, and the Assistant Secretary for Fish and Wildlife and presence of potential permanent barriers Parks. FOR FURTHER INFORMATION CONTACT: Jim to movement in Big Tujunga Wash [FR Doc. E9–29020 Filed 12–8–09; 8:45 am] Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and (Subunit 3A), particularly between the BILLING CODE 4310–55–C Wildlife Office, 6010 Hidden Valley Big Tujunga Canyon Road Bridge and Road, Suite 101, Carlsbad, CA 92011; the Big Tujunga Dam. See Critical Habitat Units section below. DEPARTMENT OF THE INTERIOR telephone (760) 431–9440; facsimile (760) 431–5901. If you use a (7) Specific information on in-stream Fish and Wildlife Service telecommunications device for the deaf gradient (slope) limitations of the (TDD), call the Federal Information species. In this proposed revised rule, 50 CFR Part 17 Relay Service (FIRS) at (800) 877–8339. we assume that Santa Ana suckers are SUPPLEMENTARY INFORMATION: unable to occupy stream sections where [FWS–R8–ES–2009–0072] the in-stream slope exceeds 7 degrees. [92210-1117-0000-B4] Public Comments See Primary Constituent Elements [RIN 1018–AW23] We intend any final action resulting (PCEs) section below. from this proposal to be as accurate and (8) Land-use designations and current Endangered and Threatened Wildlife as effective as possible. Therefore, we or planned activities in the areas and Plants; Revised Critical Habitat for request comments or suggestions on this proposed as critical habitat, as well as the ( proposed rule. We particularly seek their possible effects on proposed santaanae); Proposed Rule comments concerning: critical habitat. (1) The reasons we should or should (9) Comments or information that may AGENCY: Fish and Wildlife Service, not revise the designation of habitat as assist us in identifying or clarifying the Interior. ‘‘critical habitat’’ under section 4 of the PCEs. See Primary Constituent ACTION: Proposed rule. Act of 1973, as Elements section below for further amended (Act; 16 U.S.C. 1531 et seq.), discussion of PCEs. SUMMARY: We, the U.S. Fish and including whether the benefit of (10) How the proposed revised critical Wildlife Service (Service), propose to designation would outweigh any threats habitat boundaries could be refined to revise the designated critical habitat for to the species caused by the designation, more closely circumscribe the areas the Santa Ana sucker (Catostomus such that the designation of critical identified as containing the features santaanae). The areas identified in this habitat is prudent. essential to the species’ conservation. proposed rule constitute a revision of (2) Specific information on: (11) Any probable economic, national- the areas designated as critical habitat • Areas that provide habitat for the security, or other impacts of designating for the Santa Ana sucker on January 4, Santa Ana sucker that we did not particular areas as critical habitat, and, 2005. In the 2005 final rule, we discuss in this proposed critical habitat in particular, any impacts on small designated 8,305 ac (3,361 ha) of critical rule, entities (e.g., small businesses or small habitat in Los Angeles County. • Areas within the geographical area governments), and the benefits of Approximately 9,605 acres (ac) (3,887 occupied by the species at the time of including or excluding areas that exhibit hectares (ha)) of habitat in the Santa listing that contain the physical and these impacts. Ana River (San Bernardino, Riverside, biological features essential to the (12) Whether any specific areas being and Orange Counties) and the San conservation of the species which may proposed as critical habitat should be Gabriel River and require special management excluded under section 4(b)(2) of the (Los Angeles County) in southern considerations or protection, that we Act, and whether the benefits of fall within the boundaries of should include in the designation and potentially excluding any particular the proposed revised critical habitat reason(s) why (see Physical and area outweigh the benefits of including designation. Biological Features section below for that area under section 4(b)(2) of the further discussion.), and Act. See Exclusions section below for DATES: We will consider comments we • Areas outside the geographical area further discussion. receive on or before February 8, 2010. occupied by the species at the time of (13) The potential exclusion of We must receive requests for public listing that are essential for the Subunits 1B and 1C under section hearings, in writing, at the address conservation of the species and why. 4(b)(2) of the Act based on the benefits shown in the FOR FURTHER INFORMATION (3) Specific information on our to the species provided by CONTACT section by January 25, 2010. proposed designation of City Creek and implementation of the Santa Ana Sucker ADDRESSES: You may submit comments the Santa Ana River above Seven Oaks Conservation Program and whether the by one of the following methods: Dam to provide habitat for future benefits of exclusion of this area • Federal eRulemaking Portal: http:// reintroduction of the Santa Ana sucker outweigh the benefits of including this www.regulations.gov. Follow the to augment the Santa Ana sucker area as critical habitat, and why. See instructions for submitting comments to population in the Santa Ana River. See Exclusions section below for further Docket No. FWS-R8-ES-2009-0072. Critical Habitat Units section below. discussion. • U.S. mail or hand-delivery: Public (4) Specific information on the Santa (14) Information on any quantifiable Comments Processing, Attn: FWS–R8– Ana sucker, habitat conditions, and the economic costs or benefits of the ES–2009–0072; Division of Policy and presence of physical and biological proposed revised designation of critical Directives Management; U.S. Fish and features essential for the conservation of habitat. Wildlife Service; 4401 N. Fairfax Drive, the species in Subunit 1B below Prado (15) Whether we could improve or Suite 222; Arlington, VA 22203. Dam. modify our approach to designating We will post all comments on http:// (5) Specific information on the critical habitat in any way to provide for www.regulations.gov. This generally sediment contribution from tributaries greater public participation and

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understanding, or to better Background Sediment loads are high in the San accommodate public concerns and It is our intent to discuss only those Gabriel and San Bernardino Mountains comments. topics directly relevant to the revised (National Research Council 1996, p. 29). Our final determination concerning designation of critical habitat in this The streams that this species inhabits critical habitat for the Santa Ana sucker proposed rule. This rule incorporates are generally perennial streams with water ranging in depth from a few will take into consideration all written new information on the distribution of inches to several feet and with currents comments we receive during the the Santa Ana sucker and its habitat ranging from slight to swift (Haglund comment period, including comments within the Santa Ana River that we did and Baskin 2003, p. 2). They are also we have requested from peer reviewers, not discuss in the 2005 final critical naturally subject to periodic, severe comments we receive during a public habitat designation for this species. No flooding (Moyle 2002, p.183). However, hearing should we receive a request for new information pertaining to the decades of groundwater extraction have one, and any additional information we species’ description, life history, or lowered subsurface groundwater levels ecology was received following the 2005 receive during the 60–day comment within the historical range of the Santa final critical habitat designation for this period. Our final determination will Ana sucker (California Regional Water also consider all written comments and species; summary information relevant Quality Control Board 1995, pp. 1-4 to any additional information we receive to this species critical habitat is 1-5). In conjunction with periodic during the comment period for the draft provided below. For more information reductions in stream flows during economic analysis. All comments will on the Santa Ana sucker, refer to the extended periods of drought typical of be included in the public record for this final listing rule published in the climate cycles, all rulemaking. On the basis of peer Federal Register on April 12, 2000 (65 streams that support the Santa Ana reviewer and public comments, we may, FR 19686), and the designation and sucker experience less perennial flow during the development of our final revision of critical habitat for the Santa (California Regional Water Quality determination, find that areas within Ana sucker published in the Federal Control Board 1995, p. 1–4). Flows also those proposed do not meet the Register on February 26, 2004 (69 FR fluctuate artificially, either increasing or definition of critical habitat, that some 8839), and on January 4, 2005 (70 FR decreasing in an unnatural manner as a modifications to the described 426), respectively. result of dam operations and, in some boundaries are appropriate, or that some Species Description areas, discharges from wastewater areas may be excluded from the final treatment plants. determination under section 4(b)(2) of The Santa Ana sucker is a small, Santa Ana suckers are most abundant the Act based on Secretarial discretion. short-lived member of the sucker family in unpolluted, clear water that is of fishes (), named so You may submit your comments and typically less than 72 degrees primarily because of the downward ° ° materials concerning this proposed rule Fahrenheit ( F) (22 degrees Celsius ( C)) orientation and anatomy of their mouth- in temperature (Moyle and Yoshiyama by one of the methods listed in the parts which allow them to suck up ADDRESSES section. 1992, p. 203). Santa Ana suckers appear small invertebrates, algae, and other to tolerate the relatively warmer water We will post your entire comment— organic matter with their fleshy, temperatures and turbid water including your personal identifying protrusible lips (Moyle 2002, p. 179). conditions that occur in the Santa Ana information—on http:// Santa Ana suckers are generally less River (Chadwick and Associates, Inc. www.regulations.gov. If you provide than 6.3 inch (in) (16 centimeters (cm) 1992, p. 37; Moyle and Yoshiyama 1992, personal identifying information, you in length, are silvery-white below and p. 203; Saiki 2000, p. 25). Santa Ana may request at the top of your document darker along the back, with irregular suckers prefer streams that contain that we withhold this information from dorsal blotches on the sides and faint coarse substrates, including gravel, public review. However, we cannot patterns of pigmentation arranged in cobble, and mixtures of gravel or cobble guarantee that we will be able to do so. lateral stripes, and the membranes with sand and a combination of shallow We will post all hardcopy comments on connecting the rays of the caudal (tail) riffle areas and deeper runs and pools http://www.regulations.gov. Please fin are pigmented (Moyle 2002, p. 182). (Haglund and Baskin 2003, p. 55; include sufficient information with your Spawning tubercles, or raised growths Haglund et al. 2001, p. 60). This species comment to allow us to verify any on sexually mature fish, particularly at also prefers habitat containing in-stream scientific or commercial data you the beginning of the breeding season, or bank-side riparian vegetation that submit. are present on most parts of the body of provides shade/cover; however, Comments and materials we receive, breeding males and are heaviest on the vegetation becomes less important as well as supporting documentation we anal fin, caudal fin, and lower half of where larger, deeper pools and riffles the caudal peduncle. Female suckers used in preparing this proposed rule, are present (Moyle 2002, p. 183). Open grow tubercles on the caudal fin and will be available for public inspection stream reaches with shifting sandy caudal peduncle (Moyle 2002, pp. 182- on http://www.regulations.gov, or by substrates typically lack an 183). appointment, during normal business accumulation of woody debris and are hours, at the U.S. Fish and Wildlife Habitat less suitable for the development of an aquatic invertebrate community (Leidy Service, Ventura Fish and Wildlife The Santa Ana sucker occurs in the et al. 2001, p. 5-3). Areas of shifting Office (see the FOR FURTHER INFORMATION watersheds draining the San Gabriel and sandy substrates are also less suitable CONTACT section). San Bernardino Mountains of southern for development of algae, an important You may obtain copies of this California. Their historical distribution food source for suckers (Saiki et al. proposed revised rule by mail from the extended from upper watershed areas to 2007, p. 98). Carlsbad Fish and Wildlife Office (see the Pacific Ocean; hence, they are Tributaries, particularly near their the FOR FURTHER INFORMATION CONTACT capable of living in habitats as diverse confluence with occupied areas of the section) or by visiting the Federal as mountain streams and rivers in mainstem of the river, may also provide eRulemaking Portal at http:// alluvial floodplains (Moyle 2002, p. 183; important habitat for the Santa Ana www.regulations.gov. Swift et al. 1993, pp. 119–121). sucker (Chadwick and Associates, Inc.

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1992, p. 49; Chadwick Ecological hours (approximately 15 days) of development (Chambers Group 2008, Consultants, Inc. 1996, p. 16; Haglund et fertilization. When larvae are pp. 1–3). See the final listing rule for a al. 2002, pp. 54–60), providing shallow- approximately 0.6 in (16 mm) long, the detailed discussion of this species’ water refuge for larvae and fry from mouth becomes sub-terminal and the historical range. larger predatory fish and acting as larva transform into fry (Greenfield et al. A population of the Santa Ana sucker refuge for juvenile and adult Santa Ana 1970, p. 169). is also found in the Santa Clara River. suckers during storms. Additionally, the Fecundity in the Santa Ana suckers is However, we determined at the time of species may be attracted to tributaries exceptionally high relative to that of listing that there was sufficient evidence due to the relatively colder water other suckers (Moyle 2002, p. 183). to conclude that this population of temperatures found there (Swift 2001, p. Females can lay between 4,400 and Santa Ana sucker is not native to this 26). 16,000 eggs at a given time with larger river and hence, we did not include the females laying greater numbers of eggs Santa Clara River population in the Life History than smaller females (Greenfield et al. geographic range of the listed Santa Ana Santa Ana suckers feed on algae, 1970, p. 170). Hence, average overall Sucker (65 FR 19686; April 12, 2000). zooplankton (such as ), and growth of fish likely affects population We have no new information that detritus that they scrape from the fitness. The combination of early sexual clarifies the status of this species as surfaces of rocks and other hard maturity, protracted spawning period, native or nonnative to this river. A substrates. These food sources and high fecundity allows the Santa genetic analysis of the populations in all constitute approximately 98 percent of Ana sucker to quickly repopulate four watersheds (Santa Clara, Santa their diet, with the remainder consisting streams following periodic flood events Ana, San Gabriel, and Los Angeles) of aquatic insect larvae, fish scales, and that can otherwise decimate populations would assist in determining the origin fish eggs (Greenfield et al. 1970, p. 174). (Greenfield et al.1970, pp. 166, 177, of the species in the Santa Clara River; While smaller, younger Santa Ana 178), provided that there is a refuge however, this analysis has not been suckers feed primarily on algae, available to fish within the stream. completed at this time. diatoms, and detritus, insects appear to Winter flood events may contribute to In addition to a lack of information become a more significant part of the catastrophic decreases in abundance by clarifying the status of this species as diet of larger individuals (Greenfield et transporting Santa Ana suckers native or nonnative, hybrids between al. 1970, p. 174). downstream to areas with unsuitable the Santa Ana sucker and the Owens Santa Ana suckers typically live about habitat. Such floods, when of sufficient sucker have been collected in the lower 3 years, although, based on size, some magnitude, also disrupt the aquatic Santa Clara River in the vicinity of may live longer than 4 years (Drake invertebrate community, thereby Fillmore and within Sespe Creek (Moyle 1988, p. 56). Male and female Santa Ana reducing habitat quality for the Santa 2002, p. 182). The suckers grow at approximately the same Ana sucker until stream bed conditions (Catostomus fumeiventris), which is rate (Greenfield et al. 1970, p. 174). stabilize and the diversity and endemic to the watershed Spawning typically occurs in the spring, abundance of this forage source is re- in southeastern California, has been generally beginning in mid-March, established (Haglund and Baskin 1992, documented in the Santa Clara River peaking in April, and concluding by p. 45, 56; Leidy et al. 2001, p. 5-3). since the 1930s (Hubbs et al. 1943, p. early July (Moyle 2002, p. 183). Conversely, summer droughts may 47). This species was apparently However, juveniles less than 1 inch (in) strand Santa Ana suckers in isolated introduced to the Santa Clara River (25 millimeters (mm)) in length have pools where they are exposed to through transfers of Owens River water been collected in the Santa Ana River as unsuitable water-quality conditions or via the Owens Aqueduct (Bell 1978, p. early as February (Haglund et al. 2003, an increased probability of predation. 14). Recently, genetic introgression p. 103) and as late as August (Chadwick Both conditions highlight the (which is the backcrossing of hybrid and Associates, Inc. 1992, pp. 51, 54). In importance of refuge areas with more offspring with one of its parent species) the San Gabriel River, juveniles less stable habitat conditions for the has been detected in both Santa Ana than 1 in (25 millimeters (mm)) have conservation of the Santa Ana sucker. and Owens suckers within the Santa been collected in both December (Saiki Clara River (Ferguson 2009, p.1; Chabot 2000, p. 54) and August (Tennant 2006, Geographic Range and Status et al. 2009, p. 24), indicating that p. 2). These data indicate spawning may As discussed in the final rule (65 FR hybridization between these two species be protracted and the timing highly 19686; April 12, 2000), listing the Santa has occurred. However, additional variable, depending on local conditions Ana sucker as threatened, this species’ research is needed to determine the in each watershed (such as water historical range includes the rivers and impact of hybridization on genetically temperature, stream size, or pattern of larger streams emanating from the San ‘‘pure’’ Santa Ana sucker in the Santa seasonal runoff). Gabriel and San Bernardino Mountains Clara River. Santa Ana suckers become in Ventura, Los Angeles, Orange, Therefore, given the lack of new reproductively mature during spring Riverside, and San Bernardino Counties. information on the status of this species following hatching (Greenfield et al. The species is currently known to occur as native or nonnative as well as a lack 1970, p. 172). Females deposit eggs in in the Santa Ana River (San Bernardino, of information on the impacts of gravel substrate without constructing Riverside, and Orange Counties) and the hybridization on genetically ‘‘pure’’ any type of nest; however, eggs are well- San Gabriel River and Big Tujunga Santa Ana sucker, we continue to camouflaged in the gravel. The eggs are Creek (Los Angeles County). However, adhere to our 2000 decision not to demesal and adhesive, meaning they information about the distribution of the include the Santa Clara River adhere to the substrate rather than Santa Ana sucker in many tributaries population of the Santa Ana sucker as floating and dispersing on the surface of within its historical range is incomplete. part of the listed entity. As a the water (Greenfield et al. 1970, p. For example, Santa Ana suckers were consequence, the Santa Clara River area 169). Eggs deposited in ambient stream recently found in San Dimas Creek, a has not been included in this proposed temperatures of 55 °F (13 °C) have been tributary to the San Gabriel River that is revision to critical habitat. found to hatch larvae approximately 0.3 isolated from remaining occupied The current distribution of the listed in (7 mm) in total length within 360 habitat in the San Gabriel River by Santa Ana sucker is delimited by dams

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or other impassable structures that an Economic Analysis of the critical (2) specific areas outside the preclude further dispersal or migration habitat designation, we published and geographical area occupied by a species of fish (Cogswell Reservoir on the West solicited comment on the proposed rule at the time it is listed, upon a Fork; the ‘‘Bridge-of-No-Return’’ on the (69 FR 8911). Subsequently, we determination that such areas are North Fork of the San Gabriel River; the published a notice in the Federal essential for the conservation of the Big Tujunga Dam on Big Tujunga Creek; Register on August 19, 2004 (69 FR species. and the La Cadena drop structure in the 51416), announcing the reopening of a Conservation, as defined under Santa Ana River). Additionally, decades 30–day comment period on the section 3 of the Act, means the use of of water diversion and water proposed rule and the holding of a all methods and procedures that are withdrawal have permanently altered public hearing on September 9, 2004, in necessary to bring any endangered or the natural watershed flows within the Pasadena, California. A final revised threatened species to the point at which Los Angeles and Santa Ana watershed critical habitat rule was published in the the measures provided under the Act region (California Regional Water Federal Register on January 4, 2005, are no longer necessary. Such methods Quality Control Board 1995, pp. 1-2 to designating a total of 8,305 ac (3,361 ha) and procedures include, but are not 1-4). The current distribution is also in the San Gabriel River and Big limited to, all activities associated with delimited by dams (Hansen Dam on Big Tujunga Creek in San Bernardino scientific resources management such as Tujunga Creek, San Gabriel Dam on San County. On July 20, 2007 (Service 2007, research, census, law enforcement, Gabriel River, and a series of rubber pp. 1–2), we announced that we would habitat acquisition and maintenance, dams just below Weir Canyon Road on review the January 4, 2005, final critical propagation, live trapping, the Santa Ana River) and the permanent habitat rule after questions were raised transplantation, and in the loss of suitable downstream habitat about the integrity of scientific extraordinary case where population areas as a result of urban development information used and whether the pressures within a given ecosystem (Moyle 2002, p. 184). Altered fluvial decision made was consistent with the cannot otherwise be relieved, may processes and impediments to appropriate legal standards. Based on include regulated taking. movement fragment much of the current our review of the 2005 final critical Critical habitat receives protection range of the Santa Ana sucker within habitat designation, we determined it under section 7(a)(2) of the Act through each watershed. In its remaining habitat, was necessary to revise critical habitat the prohibition against Federal agencies severe restriction of natural water flows and this rule proposes those revisions. carrying out, funding, or authorizing the causes impacts to populations of the On November 15, 2007, the parties destruction or adverse modification of Santa Ana sucker including stranding listed above filed suit against the critical habitat. Section 7(a)(2) of the Act and reduction in usable habitat areas Service alleging the 2005 final requires consultation on Federal actions when tributaries run dry (Moyle 2002, designation of critical habitat violated that may affect critical habitat. The p. 184). See the final listing rule (65 FR provisions of the Act and designation of critical habitat does not 19686; April 12, 2000) and the Special Administrative Procedure Act affect land ownership or establish a Management Considerations or [(California Trout, Inc., et al., v. United refuge, wilderness, reserve, preserve, or Protection section below for additional States Fish and Wildlife, et al., Case No. other conservation area. Such discussion of the current threats to the 07–CV–05798 (N.D. Cal.) transferred designation does not allow the species in areas included in this Case No CV 08-4811 (C.D. Cal.)]. The government or public to access private proposed revised critical habitat plaintiffs alleged that our January 4, lands. Such designation does not designation. 2005, final revised critical habitat require implementation of restoration, designation for the Santa Ana sucker recovery, or enhancement measures by Previous Federal Actions was insufficient for various reasons and private landowners. Where a landowner The Santa Ana sucker was listed as a should include the Santa Clara River requests Federal agency funding or threatened species on April 12, 2000 (65 population. We entered into a stipulated authorization for an action that may FR 19686), in the Santa Ana River, San settlement agreement with plaintiffs that affect a listed species or critical habitat, Gabriel River, and Big Tujunga Creek. A was approved by the district court on the consultation requirements of section fourth population in the Santa Clara January 21, 2009. Pursuant to the 7(a)(2) would apply, but even in the River was not listed because it was district court order, we committed to event of a destruction or adverse presumed to be introduced into that submit a proposed revised critical modification finding, the landowner’s watershed (see Geographic Range and habitat designation for the Santa Ana obligation is not to restore or recover the Status section above). Pursuant to a sucker to the Federal Register by species, but to implement reasonable settlement agreement with California December 1, 2009, and submit a final and prudent alternatives to avoid Trout, Inc., the California-Nevada revised critical habitat designation to destruction or adverse modification of Chapter of the American Fisheries the Federal Register by December 1, critical habitat. Society, the Center for Biological 2010. For inclusion in a critical habitat Diversity, and the Friends of the River designation, the habitat within the (plaintiffs) [California Trout, et al. v. Critical Habitat geographical area occupied by the Norton, et al. (Case No. 97-3779, N.D. Critical habitat is defined in section 3 species at the time of listing must Cal)], we published a proposed and final of the Act as: contain physical or biological features critical habitat designation in the (1) The specific areas within the that are essential to the conservation of Federal Register on February 26, 2004, geographical area occupied by a species, the species, and be included only if that encompassed 21,129 ac (8,551 ha) at the time it is listed in accordance those features may require special in the Santa Ana River, San Gabriel with the Act, on which are found those management considerations or River, and Big Tujunga Creek. To give physical or biological features: protection. Critical habitat designations the public an opportunity to comment (a) essential to the conservation of the identify, to the extent known using the on the critical habitat designation, species and best scientific data available, habitat including the opportunity for a public (b) that may require special areas that provide essential life cycle hearing, and to enable the Service to management considerations or needs of the species (i.e., areas on which complete and circulate for public review protection; and are found the primary constituent

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elements (PCEs) laid out in the Federally funded or permitted projects (1) Space for individual and appropriate quantity and spatial affecting listed species outside their population growth and for normal arrangement essential to the designated critical habitat areas may behavior; conservation of the species). Under the still result in jeopardy findings in some (2) Food, water, air, light, minerals, or Act, we can designate critical habitat in cases. Similarly, critical habitat other nutritional or physiological areas outside the geographical area designations made on the basis of the requirements; occupied by the species at the time it is best available information at the time of (3) Cover or shelter; listed as critical habitat only when we designation will not control the (4) Sites for breeding, reproduction, determine that those areas are essential direction and substance of future and rearing (or development) of for the conservation of the species. recovery plans, Habitat Conservation offspring; and Section 4 of the Act requires that we Plans (HCPs), or other species (5) Habitats that are protected from designate critical habitat on the basis of conservation planning efforts if disturbance or are representative of the the best scientific and commercial data information available at the time of historical, geographical, and ecological available. Further, our Policy on these planning efforts calls for a distributions of a species. Information Standards Under the different outcome. We derived the PCEs required for the Endangered Species Act (published in Santa Ana sucker from its biological the Federal Register on July 1, 1994 (59 Methods needs. The areas proposed as revised critical habitat consist of flowing stream FR 34271), the Information Quality Act As required by section 4(b) of the Act, habitat, although some portions of this (section 515 of the Treasury and General we used the best scientific and habitat may experience significant Government Appropriations Act for commercial data available in reductions in, or an absence of, surface Fiscal Year 2001 (Pub. L. 106–554; H.R. determining areas occupied at the time flows during certain portions of the year 5658), and our associated Information of listing that contain the features (such as during summer months) or Quality Guidelines provide criteria, essential to the conservation of the under certain conditions (such as during establish procedures, and provide Santa Ana sucker. We reviewed the severe droughts, when artificial sources guidance to ensure that our decisions approach to the conservation of the of water are temporarily suspended). are based on the best scientific data Santa Ana sucker provided in the 2004 Some areas that we consider essential to available. They require our biologists, to final critical habitat designation for the the conservation of the Santa Ana the extent consistent with the Act and Santa Ana sucker (69 FR 8839; February sucker may not experience flows except with the use of the best scientific data 26, 2004); the 2005 final revised critical available, to use primary and original during major storms events. However, habitat designation (70 FR 426; January sources of information as the basis for these areas are critical important 4, 2005); information from State, recommendations to designate critical components of naturally-occurring Federal, and local government agencies; habitat. hydrologic and geologic processes in the and information from academia and When we determine which areas historical range of this species. We have private organizations that collected should be designated as critical habitat, attempted to capture the dynamic scientific data on the species. Other our primary source of information is nature and importance of these information we used for this proposed generally the information developed processes to the ecological function revised critical habitat includes: during the listing process for the upon which the Santa Ana sucker published and unpublished papers, species. Additional information sources depends. may include the recovery plan for the reports, academic theses, species and species, articles in peer-reviewed habitat surveys; Geographic Information Habitats That Are Representative of the journals, conservation plans developed System (GIS) data (such as species Historic Geographical and Ecological by States and counties, scientific status occurrence data, habitat data, land use, Distribution of the Species surveys and studies, biological topography, digital aerial photography, The Santa Ana sucker inhabits assessments, or other unpublished and ownership maps); correspondence flowing streams and has not been materials and expert opinion or to the Service from recognized experts; collected from reservoirs (Swift 2001, p. personal knowledge. site visits by Service biologists; and 15; Moyle 2002, p. 184). Water depths Habitat is often dynamic, and species other information as available. Mapping and velocities, as well as bed substrates, may move from one area to another over for this proposed revised critical habitat vary over the reaches of these streams time. Furthermore, we recognize that designation was completed using ESRI creating various habitat features designation of critical habitat may not ArcMap 9.3.1 (ESRI, Inc. 2009). including: include all habitat areas that we may Physical and Biological Features (1) Moderate currents over a uniform, eventually determine are necessary for unbroken stream bottom (i.e., runs); the recovery of the species. For these In accordance with section 3(5)(A)(i) (2) water flowing over gravel and reasons, a critical habitat designation of the Act and regulations at 50 CFR § cobble substrates that causes ripples to does not signal that habitat outside the 424.12(b), in determining which areas form on the surface of the water (i.e., designated area is unimportant or may occupied by the species at the time of riffles); and not promote the recovery of the species. listing to propose as critical habitat, we (3) deep water areas created by Areas that support populations, but consider those physical and biological submerged boulders where water is cool are outside the critical habitat features that are essential to the and relatively still (i.e., pools). Streams designation, will continue to be subject conservation of the species that may in southern California are subject to to conservation actions implemented require special management periodic, severe flooding that alters under section 7(a)(1) of the Act. They considerations or protection. We channel configuration, in-stream habitat are also subject to the regulatory consider the physical and biological conditions, and vegetation structure protections afforded by section 9 of the features to be the PCEs laid out in the (Moyle 2002, p. 183). Hence, as stream Act and the section 7(a)(2) jeopardy appropriate quantity and spatial conditions change, the characteristics of standard, as determined on the basis of arrangement for the conservation of the stream and bank habitats and their the best available scientific information species. The PCEs include, but are not suitability for the Santa Ana sucker at the time of the agency action. limited to: changes, influencing the distribution of

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the fish over time. Therefore, even juvenile Santa Ana suckers prefer the channelization of the river bed increase stream reaches where flows may shallow margins of streams in water of water velocity (Saiki 2000, pp. 18–19). periodically be interrupted or dewatered 2 to 4 in (5 to 10 cm) in depth; as fish In the Santa Ana River, suckers have become important during periods of mature, they move into deeper water. historically been found at the Imperial high flows to allow Santa Ana suckers Adults prefer deep pools for feeding and Highway Bridge in Orange County to move between other habitat areas seeking refuge, riffles of varying depths (Chadwick and Associates, Inc. 1992, p. necessary for breeding, feeding, and for spawning, and riffles and runs of 45). However, Saiki (2000, p. 28) failed sheltering. varying depths for movement between to detect Santa Ana suckers there in Gravel beds in shallow, but clear, pools (Haglund et al. 2003, p. 102). For 1999 and believes the numbers of fish flowing stream reaches are needed for example, in the Santa Ana River, adult found at this site may have declined and spawning. Shallow areas with sandy suckers have been found in diverse become extirpated from the area. substrates and overhanging vegetation habitat areas, including shallow runs of Stream beds containing the mosaic of are needed to support larvae and fry. less than 4 in (10 cm) in depth, in rock, cobble, and gravel preferred by Juvenile and adult Santa Ana suckers flowing water up to 5 ft (150 cm) deep Santa Ana suckers are most prevalent in require deeper pools of water for forage, (Saiki 2000, p. 19; Swift 2001, p. 66), the San Gabriel River (Saiki 2000, pp. shelter during storms, and cover. and in pools 6 to 10 ft (200 to 300 cm) 18–19). Within the Santa Ana River, The Santa Ana sucker prefers cool deep (Allen 2004). They have been shifting sands are the primary substrate water temperatures and has been found found in similarly varying water depths constituent upstream of the Prado Basin. in waters between 59 and 82 °F (15 and Bed substrates containing at least 10 ° in the San Gabriel River (Saiki 2000, p. 28 C) in the Santa Ana River (Swift 48), and Saiki speculates that their percent gravel, cobble, and rock were 2001, p. 18). These cooler water capture in these various depths is documented for a distance of 7 mi (12.3 temperatures are only maintained in reflective of their ability to take km) downstream from the Rialto Drain some areas by the upwelling of cooler advantage of a variety of habitat in 1999 and 2000 (Swift 2001, pp. 4, 68– groundwater, tributary flows, or shade conditions (2000, p. 25). Flows within 75). Habitat assessments conducted from overhanging vegetation. occupied habitat areas may occasionally between 2006 and 2008 indicated that Overhanging and in-stream vegetation become very shallow due to seasonal these substrates fluctuated from 2.6 to are also needed for the development of reductions in flow volumes or be 6.0 mi (4.2 to 9.6 km) downstream of the an aquatic invertebrate community to interrupted as a result of dam operations Rialto Drain (Thompson et al. 2009, p. supply food for adult suckers as well as or releases from wastewater treatment 11). for protective cover, and shade, which plants (such as in the Santa Ana River) The distribution of Santa Ana suckers reduces water temperature during in some portions of a stream reach. across streams varies depending upon bed conditions and stream depth. Santa summer and fall months. Therefore, a When stream depth is significantly complex stream system is needed that: Ana suckers within the San Gabriel reduced, deep pools become a critically (1) Encompasses sand, gravel, cobble, River are often found mid-channel important refuge for fish. and rock substrates; (2) harbors diverse adjacent to submerged cobble, boulders, bed morphologies found in deep Surface water flows must be present or man made structures such as canyons and alluvial floodplains; (3) within the stream, but water velocities culverts. In the Santa Ana River where provides varying water depths and where Santa Ana suckers occur can vary the streambed is sandier, they are rarely velocities; (4) contains tributaries that from slight to swift (Haglund and Baskin found mid-channel, but rather adjacent provide fish with areas of refuge 2003, p. 2). Larvae and fry congregate to shoreline areas near rooted vegetation (refugia) from predators and during exclusively in almost-still waters, not (Saiki 2000, pp. 25, 27). Where preferred floods and that can also provide suitable moving into swifter currents until they habitat conditions are absent, Santa Ana breeding habitat; and (5) harbors sources have matured into later juvenile stages suckers make use of available habitats of sediment for renewal of substrate in (Swift 2001, pp. 17–18). Swift (2001, p. that provide some of the same functions occupied areas. The PCEs and the 61) suggests that juvenile fish prefer provided by preferred habitats (Saiki resulting physical and biological areas with less water-velocity than do 2000, p. 19). features essential for the conservation of adults because they can expend less The distribution of Santa Ana suckers the Santa Ana sucker are derived from energy maintaining their position in the is also likely dependent on in-stream studies of this species’ habitat, ecology, stream. Adult and juvenile Santa Ana gradient. While several authors have and life history as described below, in suckers in the San Gabriel River have acknowledged that this species cannot the Background section in this been found in waters with bottom access high gradient areas, we are not proposed rule, in the final listing rule velocities ranging from 0.17 to 0.51 ft aware of any research quantifying the published in the Federal Register on per second (0.05 and 0.15 m per second) maximum slope passable by the Santa April 12, 2000 (65 FR 19686), in the and mid-column velocities reaching Ana sucker. In an attempt to estimate designation of critical habitat published 1.95 ft per second (0.6 m per second) the maximum slope passable by the in the Federal Register on February 26, (Haglund and Baskin 2002, pp. 38–39). species, we used GIS to analyze the 2004 (69 FR 8839), and in the final Haglund and Baskin concluded that slopes associated with the Santa Ana revised critical habitat published in the there was no evident pattern in the sucker occurrence polygons and points Federal Register on January 4, 2005 (70 locations the Santa Ana sucker selected in our database for the Santa Ana River, FR 426). relative to water velocity and suggested San Gabriel River, and Big Tujunga that suckers preferentially seek out Creek. Based on our analysis, Santa Ana Space for Individual and Population locations that provide the best sucker have not been found in areas Growth and for Normal Behavior combination of habitat parameters where the in-stream slope exceeds 7 Santa Ana suckers use various water (Haglund and Baskin 2003, pp. 39 and degrees. This could be due to the depths, depending on their life-history 53). In the Santa Ana River, Santa Ana species’ inability to swim up these stage and activity, and do not occupy all suckers have been found in areas with higher gradients and/or due to the lack reaches of their habitat at any one time water velocities of up to 2.4 ft per of suitable habitat in these areas as a (Saiki 2000, p. 19; Haglund and Baskin second (0.74 m per second) where result of higher water velocity and a 2003, p. 53). Larval- and early-stage wastewater discharges and subsequent lack of suitable spawning

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and feeding substrates. Also, the water quality that affect the physiology Multiple wastewater treatment plants probability of encountering vertical of fish (California Regional Water discharge into the Santa Ana River and barriers (such as waterfalls) increases as Quality Control Board 1995, pp. 4-1 to its tributaries and account for most of the overall slope across a given distance 4-15). This species has been found in the dry-season flows within the river increases; therefore, even if habitat is waters between 59 and 82 °F (15 and 28 (California Regional Water Quality suitable upstream, it may be °C) in the Santa Ana River (Swift 2001, Control Board 1995, pp. 1-7). The City inaccessible to the species. However, p. 18). Swift (2001, p. 34) states that of San Bernardino Municipal Water more extensive analysis is needed to although a lethal limit for water District’s Rapid Infiltration and determine the gradient limitations of the temperature is unknown, water Extraction Facility, Rialto Treatment species and we are seeking additional temperatures much above 86 °F (30 °C) Plant, and the City of Riverside Regional information on this topic (see Public likely limit distribution and movement Water Quality Control Plant all Comments section above). of this species. Santa Ana suckers are discharge into the Santa Ana River. As A comparative analysis of suckers generally more abundant in the cooler a result of rising groundwater, nonpoint within the Santa Ana and San Gabriel waters of the San Gabriel River than source urban runoff, and these Rivers revealed that only two cohorts they are in the warmer waters of the wastewater discharges, perennial flows are generally present within the Santa Santa Ana River (Saiki 2000, pp. 27–28). are maintained from the vicinity of the Ana River, compared with three in the Researchers conclude that in addition to Rialto Drain and downstream. Although San Gabriel River, indicating that few having poor habitat conditions such as these discharges contain contaminants individual suckers live beyond their sandy substrate and lack of in-stream not found in natural runoff, there is no second year of life in the Santa Ana cover, areas of the Santa Ana River may evidence that the concentrations of River (Saiki 2000, p. 13). No be devoid of Santa Ana suckers due to regulated compounds found in Santa investigations have occurred to higher water temperatures (Chadwick Ana suckers in this river exceed mean determine the relative life-span or and Associates, Inc. 1992, p. 37). concentrations found in freshwater fish fecundity of Santa Ana suckers as they Adequate dissolved oxygen is in other areas of the United States (Saiki relate to habitat conditions. However, necessary for aquatic life and as water 2000, p. 24). overall habitat conditions for Santa Ana warms, its concentration of dissolved Cover or Shelter suckers are generally better in the San oxygen drops, stressing fish (California Gabriel River than in the Santa Ana In-stream emergent and overhanging Regional Water Quality Control Board, riparian vegetation along the banks of River, which is reflected in the overall Santa Ana Region 1995, p. 4-3). In greater abundance of fish and better stream courses provide shade, shelter, general, waters occupied by Santa Ana body condition of suckers in the San and cover for fry, juvenile, and adult suckers are high in dissolved oxygen Gabriel River (Saiki 2000, pp. 18-28). Santa Ana suckers. Shading is very (Saiki 2000, pp. 18–19). important to Santa Ana suckers that Food, Water, Air, Light, Minerals, or Santa Ana suckers are more abundant inhabit shallow waters because it Other Nutritional or Physiological in clear rather than in turbid (cloudy or reduces water temperatures due to high Requirements hazy) water conditions (Saiki 2000, pp. summer ambient temperatures. A Suckers are primarily bottom feeders, 28, 52; 2007, p. 95). This is most likely complex stream system containing sucking up algae, small invertebrates, because suspended sediments interrupt submerged boulders, deep pools, and and organic detritus from gravel, cobble, light penetration through the water undercut banks provides cover and rock, and other hard surfaces (Moyle column, reducing algal growth that is shelter for juvenile and adult Santa Ana 2002, p. 179). Forage for adult Santa the primary forage of the Santa Ana suckers (Saiki et al. 2007, p. 99; Moyle Ana suckers is also found in pools sucker. One measurement of turbidity is et al. 1995, p. 202). Tributaries may (Allen 2003, p. 6). Riparian vegetation Nephelometric Turbidity Units (NTU). provide important shallow-water refugia and emergent aquatic vegetation provide Saiki (2007, pp. 95–96) found that Santa for larvae and fry from larger, predatory additional sources of detritus and Ana suckers were more abundant in the fish and act as refugia for juvenile and aquatic invertebrates such as insects San Gabriel River where turbidity adult Santa Ana suckers during storms. (Leidy et al. 2001, p. 5-2). Insects may averaged 5.9 NTUs (ranging from 4.3 to provide a high energy source of food for 8.2 NTUs), and less abundant in the Sites for Breeding, Reproduction, and adult Santa Ana suckers (Saiki 2000, p. Santa Ana River where turbidity Rearing (or Development) of Offspring 23). In a comparative analysis of Santa averaged 29 NTUs (ranging from 10.1 to Adult Santa Ana suckers spawn over Ana suckers in the Santa Ana and San 83.4 NTUs). However, Santa Ana gravel beds in flowing water (riffles) Gabriel Rivers, Saiki (2000, pp. 27, 98) suckers have been found in the Santa where the female deposits the eggs in found that body condition (length- Ana River in an area where turbidity fine gravel substrate. Substrate collected weight relationship) of suckers in the was measured between 85 and 112 from two spawning locations in San Gabriel River was better than that NTUs (Baskin and Haglund 2001, p. 6). tributaries to the Santa Ana River of fish in the Santa Ana River, possibly Therefore, while Santa Ana suckers consisted of gravel-sized particles due to a greater abundance of food likely avoid turbid waters when ranging in diameter from 0.04 to 1.6 in resources (including algae and insects) possible, they have been documented in (1.0 to 41.5 mm) (Haglund et al. 2001, found on the rocky substrate in the San turbid conditions on occasion (Haglund p. 47). The presence of appropriately Gabriel River relative to the sandy et al. 2002, p. 11). Saiki (2000, p. 25) sized substrate allows for water flow substrate in the Santa Ana River. speculates that fish occur under less- around eggs to prevent sediment from Although the specific tolerances to than-optimal ambient conditions depositing on and smothering the eggs. water-quality variables have not been because they are using whatever habitat Eggs deposited on sand or silt are likely evaluated for the Santa Ana sucker, is available to them and cites these to be washed downstream or be water temperature, dissolved oxygen conditions as a possible reason for smothered. In addition to appropriate content, and turbidity (such as excessive reduced abundance of Santa Ana substrate, adequate water velocities are detritus in the water column or suckers in the Santa Ana River relative necessary to oxygenate eggs. Santa Ana protracted suspension of fine-grained to their abundance in the San Gabriel sucker spawning has been reported in sediments) are all important aspects of River. streams with bottom velocities of 0.65

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and 0.77 ft per second (0.20 and 0.23 m geographical area occupied by the Santa invertebrates), and associated vegetation per second) (Haglund et al. 2003, p. 63). Ana sucker at the time of listing that are such as aquatic emergent vegetation and Once emerged from the eggs, Santa essential to the conservation of the adjacent riparian vegetation to provide: Ana sucker larvae congregate in species and which may require special (a) Shading to reduce water temperature shallow, slow-moving waters from 1 to management considerations or when ambient temperatures are high, (b) 5.5 in (3 to 14 cm) deep over very soft protection. The physical and biological shelter during periods of high water sand or mud substrate (Haglund et al. features are those PCEs laid out in a velocity, and (c) protective cover from 2003, p. 11; Haglund et al. 2002, pp. 69– specific spatial arrangement and predators; and 71; Swift 2001, p. 17). This type of quantity determined to be essential to (7) Areas within perennial stream habitat is usually found along the the conservation of the species. We are courses that may be periodically margins of streams in proximity to proposing to designate critical habitat in dewatered, but that serve as connective emergent vegetation. Fry are found areas within the geographical area that corridors between occupied or almost exclusively in edgewater habitats were occupied by the species at the time seasonally occupied habitat and through over silt or sand in water depths of less of listing that are and continue also which the species may move when the than 7 in (17 cm) where there is little currently to be occupied today, and that habitat is wetted. measurable flow; Haglund and Baskin contain the PCEs in the quantity and All occupied units proposed as (2003, p. 47) speculate this reduces spatial arrangement to support life critical habitat contain the PCEs in the access by larger predatory fish and, history functions essential for the appropriate quantity and spatial because shallow waters are warmer, conservation of the species. We are also arrangement essential to the may increase the growth rates of proposing to designate areas outside the conservation of this species and support developing suckers. Juvenile fish move geographical area occupied by the multiple life processes for the Santa Ana away from edgewater habitats and species at the time of listing that are not sucker. congregate at the interface of the almost- occupied but are essential to the Special Management Considerations or still waters at the adjacent bank-edge conservation of the species. See Criteria Protection and the main stream flows (Swift 2001, Used To Identify Critical Habitat pp. 17–18). By the end of their first section below for a discussion of the When designating critical habitat, we summer, juvenile Santa Ana suckers species’ geographic range. assess whether the physical and move into deeper water habitats with We believe conservation of the Santa biological features within the adults, presumably because they are Ana sucker is dependent upon multiple geographical area occupied by the large enough to compete with adult factors, including the conservation and species at the time of listing that are suckers for forage (Swift 2001, p. 18). management of areas to maintain essential to the conservation of the Tributaries may provide essential ‘‘normal’’ ecological functions where species may require special spawning habitat for the Santa Ana existing populations survive and management considerations or sucker, particularly in the Santa Ana reproduce. The areas we are proposing protection. River (Chadwick and Associates, Inc. as critical habitat provide some or all of All areas included in our proposed 1992, p. 49; Chadwick Ecological the physical or biological features revision of critical habitat will require Consultants, Inc. 1996, p. 16; Haglund et essential for the conservation of this some level of management to address al. 2002, pp. 54–60). An abundance of species. Based on the best available the current and future threats to the juvenile fish has been recorded in information, the primary constituent physical and biological features multiple tributaries in the Santa Ana elements essential for the conservation essential to the conservation of the River (such as the Tequesquite Arroyo of the sucker are the following: Santa Ana sucker. Special management and the Evans and Anza drains) and, (1) A functioning hydrological system considerations or protection may be hence, these have been considered within the historical geographic range of required to minimize habitat possible spawning sites (Chadwick and the Santa Ana sucker that experiences destruction, degradation, and Associates, Inc. 1992, p. 49). However, peaks and ebbs in the water volume fragmentation associated with the Swift (2001, p. 26) concluded that the (either naturally or regulated) necessary following threats, among others: water species may be attracted to tributaries to maintain all life stages of the species, diversion; alteration of stream channels due to the relatively colder water including adults, juveniles, larva, and and watersheds; reduction of water temperatures found there. He stated that eggs, in the riverine environment, quantity associated with urban most tributaries to the Santa Ana River (2) Stream channel substrate development and human recreational lack either suitable substrates or water consisting of a mosaic of loose sand, activities, including swimming, velocities to support successful gravel, cobble, and boulder substrates in construction and operation of golf spawning. Swift (2001, p. 26) a series of riffles, runs, pools, and courses; and off-highway vehicle (OHV) considered that only the Rialto Drain shallow sandy stream margins necessary use. For discussion of the threats to the and Sunnyslope Creek provided habitat to maintain various life stages of the Santa Ana sucker and its habitat, please conditions suitable to support species, including adults, juveniles, see the Summary of Comments and spawning. These sites are two of the few larva, and eggs, in the riverine Recommendations and Summary of remaining areas containing gravel beds, environment; Factors Affecting the Species sections of and restoration may be required to (3) Water depths greater than 1.2 in (3 the final listing rule (65 FR 19686; April maintain substrate conditions over time cm) and bottom water velocities greater 12, 2000) and the Public Comments and (Orange County Water District (OCWD) than 0.01 ft per second (0.03 m per Critical Habitat Unit Descriptions 2009, pp. 6-4 – 6-5). second); sections of the final critical habitat rule (4) Clear or only occasionally turbid (70 FR 439; January 4, 2005). Please also Primary Constituent Elements for the water; see Critical Habitat Units section below Santa Ana Sucker (5) Water temperatures less than 86° for a discussion of the threats in each Pursuant to the Act and its F (30° C); proposed critical habitat unit. implementing regulations, we are (6) In-stream habitat that includes In addition to the threats to the Santa required to identify the physical and food sources (such as zooplankton, Ana sucker and its habitat described in biological features within the phytoplankton, and aquatic the final listing and critical habitat

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rules, the physical and biological scouring can also create pools that favor area occupied by the species at the time features essential to the conservation of predatory nonnative fish. Culverts of listing is defined to include those the Santa Ana sucker may require constructed under road crossings can areas specifically identified in the special management considerations or act as barriers to movement when a listing rule (65 FR 19686; April 12, protection to minimize habitat culvert becomes filled in with sediment, 2000), as well as the following destruction, degradation, and reducing the amount of water (PCE 1) additional areas not specifically fragmentation associated with the and sediment (PCE 2) that could be identified in the listing rule but construction of recreational dams, the transported downstream. However, the documented to be occupied at the time operation of recreational residences, and extent to which these structures of listing and documented to be the construction of road crossings and constitute permanent or temporary currently occupied: (1) In the Santa Ana bridges across waterways. barriers depends on the quantity of River system: Rialto Drain; and (2) in water flowing and sediment transport in Recreational Dams the San Gabriel River system: Big a given year and over time. For example, Mermaids Canyon Creek, West Fork of People construct artificial dams from sediment-filled culverts that create a Bear Creek, Bichota Canyon Creek, boulders, logs, and trash to create pools barrier to movement one year may be Cattle Canyon Creek, and Cow Canyon within these rivers for fishing, passable in another year if high water Creek. The following areas were not swimming, wading, and bathing (Ally flows remove trapped sediments. Road specifically identified in the listing rule 2003, p. 1). The construction of crossings and bridges can also impact and are not currently occupied, and ‘‘recreational’’ dams degrades in-stream the species by altering the hydrology of therefore, are considered outside the and possibly bank habitat, increases the system (PCE 1), rerouting water flow geographical area occupied by the turbidity (PCE 4), disrupts sediment into less suitable habitat. species at the time of listing: The upper transport, and impedes upstream Santa Ana River, including City and movement of Santa Ana suckers, Criteria Used To Identify Critical Habitat Mill Creeks and the Santa Ana River especially during droughts (Ally 2003, (above Tippecanoe Road in San pp. 1–3), thereby fragmenting habitat Using the best scientific and Bernardino County to above Seven Oaks connectivity within occupied habitat. commercial data available as required Dam), and the following three When dams exist during the spawning by section 4(b)(1)(A) of the Act, we tributaries to Big Tujunga Creek: Gold season, these in-stream disruptions can identified those areas to propose for Canyon, Delta Canyon, and Stone bury gravel beds (PCE 2) used for revised designation as critical habitat Canyon Creeks. spawning (Ally 2003, p. 1). Recreational that, within the geographical area As required by section 4(b)(2) of the dams can also further degrade habitat by occupied by the species at the time of Act, we use the best scientific data slowing water velocities (PCE 3), listing (see Geographic Range and available in determining areas that increasing water temperatures (PCE 5), Status section), possess those physical contain the features that are essential to and encouraging excessive growth of and biological features essential to the the conservation of the Santa Ana algae (Ally 2003, p. 3). conservation of the Santa Ana Sucker and which may require special sucker that are those physical and Recreational Residences management considerations or biological features laid out in the The U.S. Forest Service (USFS) issues protection. We also considered the area appropriate quantity and spatial special use permits for the operation outside the geographical area occupied arrangement for the conservation of the and maintenance of private recreational by the species at the time of listing for species (see the Physical and Biological residences within the boundaries of the any areas that are essential for the Features section). The Methods section along Big conservation of the Santa Ana Sucker. summarizes our methodology used for Tujunga Creek and the North and West At the time the Santa Ana sucker was this proposed revised critical habitat. Forks of the San Gabriel River. listed in 2000, the geographical area We are proposing to include all areas Improperly functioning septic systems occupied by the species was considered within the geographical area occupied at these residences can degrade water to include the Los Angeles, San Gabriel, by the listed Santa Ana sucker at the quality conditions by increasing and Santa Ana River basins (65 FR time of listing following Criteria 1 nutrient loads into the water (USFS BA 19686; April 12, 2000). Specifically, the through 3 below. These areas are all 2007, p. 18) and increasing water listing rule identifies the following areas currently occupied. We are also turbidity (PCE 4). in each river basin as being within the proposing to include areas that were not geographic range occupied by the within the geographical area occupied Road Crossings and Bridges species: (1) The Santa Ana River basin by the species at the time of listing and Road crossings and bridges including the Santa Ana River below are not currently occupied but that are constructed across waterways can Prado Dam, the Santa Ana River above essential to the conservation of the impact the Santa Ana sucker by creating Prado Dam to the City of Riverside, and species following Criteria 4 through 8 semi permanent barriers to upstream the following tributaries: Tequesquite below. This proposed revised rule is an movement and fragmenting connective Arroyo, Sunnyslope Channel, and Anza effort to update our 2005 final corridors between areas of occupied Park Drain; (2) the San Gabriel River designation of critical habitat for the habitat. Bridge footings and pier basin, including the West, North, and Santa Ana sucker with the best available protections (such as concrete aprons East forks of the San Gabriel River and data. In some areas that were analyzed that span the waterway) accelerate water Bear [Canyon] Creek, which is a in 2005, we have new information that velocities (PCE 3) and, in the absence of tributary of the West Fork of the San led us to either add or remove areas sediment in the water (PCE 2), scour Gabriel River; and (3) the Los Angeles from this proposal to revise critical sediments from the streambed River basin, including Big Tujunga habitat. immediately downstream. With Creek, between Big Tujunga Dam and For areas within the geographic area sufficient scouring, the elevation of the Hansen Dam, and Haines Creek. occupied by the species at the time of downstream bed of the stream may For the purposes of this proposed listing, we delineated critical habitat become so low that Santa Ana suckers revised critical habitat designation for unit boundaries using the following cannot swim upstream from that point; the Santa Ana sucker, the geographical steps:

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(1) We mapped historical and current marginal habitat were included if they reaches to determine if additional digital occurrence data for the Santa were contiguous with areas containing occupied or unoccupied areas are Ana sucker in the form of polygons and one or more of the PCEs and contribute essential to the conservation of this points on the digital aerial photography to the hydrologic and geologic processes species and should be included in the using ArcMap 9.3.1 (ESRI 2009). Areas essential to the ecological function of proposed revised designation. We between occupancy polygons or points the system. These areas are essential to determined that certain areas outside were assumed to be occupied if there maintain connectivity (PCE 7) within the geographical area occupied by the were no significant in-stream barriers populations, allow for species species at the time it was listed are (such as dams, culverts, or drop movement throughout the course of a essential to the conservation of the structures) preventing further movement given year, and allow for population species because they provide storm between occupied stream sections. We expansion. waters (PCE 1) necessary to transport utilized imagery acquired in Spring (3) Using aerial imagery, we sediments to maintain preferred 2008 at 1-ft (0.33 m) resolution for the delineated the upstream and substrate conditions (PCE 2) in occupied Santa Ana River Unit in Riverside downstream extents of the proposed portions of the species’ range or to County and imagery acquired in January revised critical habitat associated with provide habitat for potential 2006 at 1-ft (0.33 m) resolution for the areas within the geographical area reintroduction of the Santa Ana sucker. San Gabriel and Big Tujunga units occupied at the time of listing from the (a) For the San Gabriel River, we provided by the U.S. Geological Survey; nearest occurrence polygon or point to determined that the areas within the and we utilized imagery acquired in either the point of a natural or manmade geographical area occupied by the Spring 2005 at 3.25 ft (1 m) resolution barrier or to the point where the in- species at the time of listing and provided by the National Aerial Imagery stream gradient exceeds a 7 degree currently occupied are adequate for the Program (NAIP) for the Santa Ana River slope, either of which would prevent conservation of the species based on our Unit in Orange County. The resolution further movement of the Santa Ana current understanding of the species’ of the imagery allowed us to discern the sucker. requirements. However, as discussed in likelihood of an in-stream barrier. While several authors have the Critical Habitat section above, we We recognize that the historical and acknowledged that this species cannot recognize that designation of critical recent collection records for this species access high gradient areas, we are not habitat may not include all habitat areas are incomplete. River segments or small aware of any research quantifying the that we may eventually determine are tributaries not included in this proposed maximum slope passable by the Santa necessary for the recovery of the species designation may harbor small limited Ana sucker. Therefore, in an attempt to and that for this reason, a critical habitat populations of the Santa Ana sucker or estimate the maximum slope passable designation does not signal that habitat may become occupied in the future. by the species, we used GIS to analyze outside the designated area is (2) Using aerial imagery, we the slopes associated with the Santa unimportant or may not promote the delineated the lateral extent (width) of Ana sucker occurrence polygons and recovery of the species. the proposed revised critical habitat points in our database for the Santa Ana (b) In the Santa Ana River, we associated with occupied areas to River, San Gabriel River, and Big determined that the following areas include areas that provide sufficient Tujunga Creek. Based on our analysis, outside the geographical area occupied riverine and associated floodplain area Santa Ana sucker have not been found by the species at the time of listing are for breeding, feeding, and sheltering of in areas where the in-stream slope essential for the conservation of the adult and juvenile Santa Ana suckers exceeds 7 degrees. In the absence of species: Mill Creek, City Creek, and the and for the habitat needs of larval stages existing research on this subject, we Santa Ana River above Seven Oaks Dam. fishes. Given the dynamic nature of made the assumption that a slope of 7 Mill Creek has never been documented these streams and the seasonal variation degrees constitutes the maximum in- as being occupied by the Santa Ana of the quantity of flow and the location stream gradient passable by the Santa sucker. City Creek and the Santa Ana of stream channels in any given year, we Ana sucker and applied this assumption River above Seven Oaks Dam are not delineated the lateral extent of the when delineating the upstream extent of currently occupied, but were proposed revised critical habitat to the proposed revised critical habitat in historically occupied based on a 1982 encompass the entire floodplain up to the San Gabriel River system (Big California Natural Diversity Database the lower edge of upland riparian Mermaids Canyon Creek, Bear Canyon record and a 1940 Museum of Zoology vegetation or to the edge of a permanent Creek, West Fork of Bear Creek, Bichota Fish Collection database record, barrier (such as a levee). Areas within Canyon Creek, Cattle Canyon Creek, and respectively. the lateral extent contribute to the PCEs Cow Canyon Creek). We determined that Mill and City since they contain: (a) A functioning As discussed in the Physical and Creeks are essential to the conservation hydrological system characterized by Biological Features section above, the of the species because these creeks peaks and ebbs in the water volume absence of the species in these high provide greater quantities, relative to (PCE 1); (b) complex channels (such as gradient areas could be due to the other creeks in the river system, of alluvial fans and braided channels) and species’ inability to swim up these stream and storm waters (PCE 1) a mosaic of loose sand, gravel, cobble, higher gradients and/or due to the lack necessary to transport sediments and boulder substrates in a series of of suitable habitat in these areas as a necessary to maintain preferred riffles, runs, pools, and shallow sandy result of higher water velocity and a substrate (PCE 2) conditions in occupied stream margins (PCE 2); and (c) adjacent subsequent lack of suitable spawning portions in the Santa Ana River. Using riparian vegetation (PCE 6). and feeding substrates. Therefore, we aerial imagery, we determined that Mill The presence of PCEs may be assume these high gradient (greater than and City Creeks have large, unimpeded seasonally variable and sporadic in 7 degrees) areas do not contain the watersheds, relative to the other distribution because of the dynamic features essential to the conservation of tributaries flowing into the upper Santa nature of these streams and seasonal the species. Ana River, based on the following variation of flows in these streams (4) For areas outside the geographical morphological characteristics: (a) A throughout the year. Areas that may be area occupied by the species at the time wide floodplain area; (b) the presence of seasonally lacking in PCEs and contain it was listed, we evaluated stream complex channels (such as braided

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channels); and (c) a mosaic of loose Tujunga Creek is essential to the pools, and shallow sandy stream sand, gravel, cobble, and boulder conservation of the species. margins (PCE 2) are visible. substrates in a series of riffles, runs, While we are not aware of any (8) We delineated the upstream and pools, and shallow sandy stream surveys for the Santa Ana sucker downstream extents of the proposed margins (PCE 2). Given the extent to conducted in these creeks, based on our revised critical habitat in historically which the hydrology and the habitat of calculation of maximum slope (see occupied areas of City Creek and the the occupied section of the Santa Ana Criterion 3 above), it appears that the Santa Ana River above Seven Oaks Dam River have been altered and degraded slope of Delta Canyon and Stone using the same methodology as due to the construction and operation of Canyon Creeks from near their described under Criterion 3 above by flood control structures (such as Prado confluence with Big Tujunga Creek is extending the boundary from the nearest and Seven Oaks Dams) and operation of likely too steep to be passable by the occurrence polygon or point to either water treatment facilities, maintenance Santa Ana sucker. The slope of Gold the point of a natural or manmade of City and Mill Creeks as pathways to Canyon Creek from approximately 0.49 barrier or to the point where the in- transport water (PCE 1) and sediments mi (0.8 km) from its confluence with Big stream gradient exceeds a 7 degree necessary to maintain preferred Tujunga Creek also appears to be too slope, both preventing further substrates (PCE 2) to the Santa Ana steep to be passable by the Santa Ana movement of the Santa Ana sucker. River is essential to the conservation of sucker. When determining the critical habitat the species. (5) Using aerial imagery, we boundaries within this proposed revised City Creek, along with the Santa Ana delineated the lateral extent of proposed rule, we made every effort to avoid River above Seven Oaks Dam, also revised critical habitat in City Creek and including developed areas such as lands contains features essential to the the Santa Ana River above Seven Oaks covered by buildings, pavement, and Dam as described under Criterion 2 other structures, because such lands conservation of the species (PCEs 1, 2, above to encompass the entire lack essential features for the Santa Ana and 6) and we determined that both floodplain up to the lower edge of sucker. The scale of the maps we areas are essential to the conservation of upland riparian vegetation or to the prepared under the parameters for the species to provide habitat for edge of a permanent barrier (such as a publication within the Code of Federal potential reintroduction of the Santa levee) to provide sufficient riverine and Regulations may not reflect the Ana sucker (see Critical Habitat Units associated floodplain areas for breeding, exclusion of all such developed lands. section below for additional discussion). feeding, and sheltering of adult, larval, Any such structures and the land under (c) In Big Tujunga Creek, we and juvenile Santa Ana suckers that them inadvertently left inside critical determined that the following may be reintroduced into these areas in habitat boundaries shown on the maps unoccupied areas outside the the future. of this proposed revised critical habitat geographical area occupied by the (6) Using aerial imagery, we are excluded by text in this proposed species at the time of listing are delineated the lateral extent of proposed revised rule. Therefore, a Federal action essential for the conservation of the revised critical habitat in Mill, Gold involving these lands would not trigger species — Gold Canyon, Delta Canyon, Canyon, Delta Canyon, and Stone section 7 consultation with respect to and Stone Canyon Creeks —because Canyon Creeks, to include areas critical habitat and the requirement of these areas provide greater quantities, containing: (a) A wide floodplain area; no destruction or adverse modification relative to other creeks in the river (b) complex channels (such as alluvial unless the specific action may affect system, of stream and storm waters (PCE fans and braided channels); and (c) a adjacent critical habitat. 1) necessary to transport sediments mosaic of loose sand, gravel, cobble, and necessary to maintain preferred boulder substrates in a series of riffles, Summary of Changes From Previously substrate (PCE 2) conditions in occupied runs, pools, and shallow sandy stream Designated Critical Habitat portions in Big Tujunga Creek. Using margins (PCE 2) needed to provide The areas identified in this proposed aerial imagery, we determined that Gold stream and storm waters (PCE 1) rule constitute a revision of the areas Canyon, Delta Canyon, and Stone necessary to transport sediments to designated as critical habitat for the Canyon Creeks have large, unimpeded maintain preferred substrate conditions Santa Ana sucker on January 4, 2005 (70 watersheds, relative to the other (PCE 2) in the downstream occupied FR 426). In the 2005 final rule, we tributaries flowing into Big Tujunga portions of the Santa Ana River and Big designated 8,305 ac (3,361 ha) of critical Creek, based on the following Tujunga Creek, respectively. habitat in Units 2 and 3 in Los Angeles morphological characteristics: (a) A (7) We delineated the upstream limits County. In the 2005 final rule, we wide floodplain area; (b) the presence of of proposed revised critical habitat in removed all of Subunit 1A (Northern complex channels (such as braided Mill, Gold Canyon, Delta Canyon, and Prado Basin; 3,535 ac (1,431 ha)) and channels); and (c) a mosaic of loose Stone Canyon Creeks by identifying the Subunit 1B (Santa Ana Wash; 8,174 ac sand, gravel, cobble, and boulder upstream origin of sediment transport in (3,308 ha)) in San Bernardino County substrates in a series of riffles, runs, these tributaries to provide stream and from the critical habitat designation (see pools, and shallow sandy stream storm waters (PCE 1) necessary to below for additional discussion), and margins (PCE 2). Given the extent to transport sediments to maintain excluded the remainder of Unit 1 which the hydrology and the habitat of preferred substrate conditions (PCE 2) in (15,414 ac (6,238 ha)) in San the occupied section of Big Tujunga the downstream occupied portions of Bernardino, Riverside, and Orange Creek have been altered and degraded the Santa Ana River and Big Tujunga Counties under Section 4(b)(2) of the due to the construction and operation of Creek, respectively. Using aerial Act. In this proposed revised rule, we flood control structures (such as Big imagery, we determined the origin of propose to designate a total of 9,605 ac Tujunga and Hansen Dams, sediment transport in each creek to be (3,887 ha) in San Bernardino, Riverside, maintenance of Gold Canyon, Delta the upstream area where complex Orange, and Los Angeles Counties, as Canyon, and Stone Canyon Creeks as channels (such as alluvial and braided critical habitat for the Santa Ana sucker. pathways to transport water (PCE 1) and channels) containing a mosaic of loose Of this total, the Secretary is sediments necessary to maintain sand, gravel, cobble, and boulder considering exercising his discretion preferred substrates (PCE 2) in Big substrates in a series of riffles, runs, under Section 4(b)(2) of the Act to

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exclude 5,472 ac (2,214 ha) in Subunits propose to designate 1,900 ac (768 ha) critical habitat in the final rule]. Table 1B and 1C (the areas roughly in Subunit 1A [this area corresponds 1 below outlines the changes in areas in corresponding to that portion of Unit 1 roughly to the area identified as Subunit each unit or subunit between the 2005 excluded under Section 4(b)(2) in the 1B (Santa Ana Wash) in the 2005 final final critical habitat rule and this 2005 final rule) in San Bernardino, rule and determined to be proposed revised critical habitat rule. Riverside, and Orange Counties. We also ‘‘nonessential’’ and removed from

TABLE 1. A COMPARISON OF THE AREAS [IN ACRES (AC) (HECTARES (HA))] IDENTIFIED AS CONTAINING FEATURES ESSEN- TIAL TO THE CONSERVATION OF THE SANTA ANA SUCKER IN THE 2005 FINAL CRITICAL HABITAT (FCH) DESIGNATION AND THIS 2009 PROPOSED REVISED CRITICAL HABITAT (PRCH) DESIGNATION. (VALUES IN THIS TABLE MAY NOT SUM DUE TO ROUNDING.)

2005 FCH 2009 PRCH Difference County Area containing es- (2009 PRCH minus Unit/Subunit Area containing Unit/Subunit sential 2005 FCH) essential features features

San Bernardino Subunit 1A: 3,535 ac 0 ac Not proposed 0 ac 0 ac (1,431 ha) deter- (0 ha) (0 ha) (0 ha) mined to be non- essential and re- moved from 2005 designation.

Subunit 1B: 8,174 ac 0 ac Subunit 1A 1,900 ac 1,900 ac (3,308 ha) deter- (0 ha) (768 ha) (768 ha) mined to be non- essential and re- moved from final 2005 designation.

San Bernardino and Unit 1: excluded 15,414 ac Subunit 1B 4,705 ac -9,942ac Riverside under section (6,238 ha) (1,903 ha) (-4,023ha) 4(b)(2) of the Act.

Riverside and Orange Subunit 1C 767 ac (311 ha)

Los Angeles Unit 2 5,765 ac Unit 2 1,000 ac - 4,765 ac (2,333 ha) (405 ha) (-1,928 ha)

Unit 3 2,540 ac Subunit 3a 1,189 ac -1,307 ac (1,028 ha) (481 ha) (529 ha)

Subunit 3b 44 ac (18 ha)

Totals —————————- 31,893 ac3 ————— 9,605 ac -14,114 ac (12,907 ha) (3,887 ha) (-5,712 ha)

As described below, some areas (1) Enhanced resolution of aerial refined mapping methods, we designated in the 2005 final rule are not imagery allowed us to improve our acknowledge the possibility that, due to being proposed as critical habitat in this mapping methodology to more mapping, data, and resource constraints, proposed revised rule. Also, some areas accurately define the critical habitat there may be some undeveloped areas are being proposed as critical habitat boundaries and to better represent those mapped as critical habitat that do not that were omitted from the 2005 final areas that possess the physical and contain the PCEs. rule because we have subsequently biological features essential to the (2) We revised the criteria used to concluded that these areas are essential conservation of the species. In the 2005 identify critical habitat in the Santa Ana to the conservation of the species. These final rule, we used a 100-meter grid to River, the San Gabriel River, and Big changes resulted in an overall addition delineate critical habitat. In this Tujunga Creek. The revised criteria of 1,300 acres in this proposed revised proposed revised rule, we delineated allowed us to more precisely delineate rule from the 2005 final designation but areas that contain the PCEs using the upstream boundaries of areas a reduction of approximately 14,114 ac current aerial imagery (see Criteria Used determined to contain the physical and (5,712 ha) from the number of acres To Identify Critical Habitat section of biological features essential to the identified as essential in the 2005 final this proposed revised rule). This revised conservation of the species. We rule. These differences primarily mapping method resulted in a described the criteria and methods we resulted from the following changes to significant overall decrease in the areas used to identify and delineate the areas all of the units included in this deemed essential and included in the that we are proposing as critical habitat proposed revised rule, as well as unit- proposed revised critical habitat in more detail than we did in the 2005 specific revisions discussed below. boundaries. However, even with more critical habitat designation to ensure

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that the public better understands why • 2.1 mi (3.4 km) of Temescal Wash Unit 2: San Gabriel River (San the areas are being proposed as critical north of Corona Municipal Airport; Bernardino County) habitat (see Criteria Used To Identify • 0.9 mi (1.5 km) urban drainage north (1) In the 2005 critical habitat rule, we Critical Habitat section of this proposed of Temescal Wash; and designated 5,765 ac (2,333 ha) as critical revised rule for a detailed discussion). • 1.0 mi (1.7 km) urban drainage south habitat in Unit 2. In this proposed (3) We reevaluated areas included in of Corona Municipal Airport. revised rule, we are proposing to the 2005 final critical habitat (b) In the 2005 final critical habitat designate 1,000 ac (405 ha) as critical designation to determine if those areas habitat in Unit 2 (area corresponds contain the physical and biological rule, the Prado Basin where Chino and Temescal Creeks and the Santa Ana roughly to Unit 2 in the 2005 final rule). features essential to the conservation of The 4,765-ac (1,928-ha) reduction in the Santa Ana sucker or are otherwise River converge was included in Unit 1, which was excluded in that final rule. Unit 2 from the 2005 final rule is essential to the conservation of the primarily due to the following revisions: species. As a result, some areas In this revised proposed rule, we removed 4,476 ac (1,811 ha) of the (a) In this proposed revised rule, we designated as Santa Ana sucker critical removed the upstream sections of the habitat in 2005 have been removed from Prado Basin where Chino and Temescal Creeks and the Santa Ana River following creeks/rivers, designated in this proposed revised rule (as described the 2005 final rule, because based on below) because they do not contain the converge because these areas do not contain the physical and biological our calculations, the slope of these physical and biological features upstream sections exceeds 7 degrees required by the Santa Ana sucker and features essential to the conservation of the species. and, therefore, we determined these are not otherwise essential to the areas do not contain the physical and species’ conservation. (2) In the 2005 final rule, we removed biological features essential to the Major revisions in each unit include all of Subunit 1B (Santa Ana Wash; conservation of the species (see the following: 8,174 ac (3,308 ha)) from critical habitat Criterion 3 in the Criteria Used To because we determined this area to be Unit 1: Santa Ana River (San Identify Critical Habitat section above ‘‘nonessential.’’ We have revisited that for a detailed discussion of our slope Bernardino, Riverside, and Orange determination and conclude that Counties) calculations and assumptions): portions of the area identified as • 2.9 mi (4.60 km) of Big Mermaids (1) In the 2005 critical habitat rule, we Subunit 1B in the 2005 rule are essential Canyon Creek; excluded all of Unit 1 (15,414 ac (6,238 for the conservation of the Santa Ana • 0.5 mi (0.77 km) of Bear Canyon ha)) from final critical habitat under sucker. Creeks and rivers in Subunit 1B Creek; section 4(b)(2) of the Act. In this revised provide stream and storm waters (PCE • 0.4 mi (0.60 km) of West Fork of proposed rule, we are proposing to 1) required to transport sediments that Bear Creek; designate a total of 5,472 ac (2,214 ha) are necessary to maintain preferred • 1.6 mi (2.61 km) of North Fork of the as critical habitat in Subunits 1B and substrate (PCE 2) conditions in occupied San Gabriel River; 1C. Subunits 1B and 1C correspond portions in the Santa Ana River. These • 0.1 mi (0.19 km) of Bichota Canyon roughly to Unit 1 in the 2005 final rule. waters are critical to maintaining habitat Creek; The 9,942-ac (4,023-ha) difference for populations of Santa Ana sucker in • 1.9 mi (3.07 km) of Cattle Canyon between the area identified as Unit 1 in the Santa Ana River, one of only three Creek; and the 2005 final rule and Subunits 1B and geographical areas where the listed • 0.3 mi (0.42 km) of Cow Canyon 1C in this proposed revised rule is entity survives. Protecting existing Creek. primarily due to the following revisions: habitat on which the Santa Ana River While these unoccupied upstream (a) In the 2005 critical habitat rule, populations depend is essential for the areas do provide pathways to transport numerous tributaries and channels that recovery of this species. Based on our water (PCE 1) and sediments necessary drain into the Santa Ana River were reevaluation of this area, we are to maintain preferred substrates (PCE 2), included in Unit 1., which was proposing to designate 1,626 ac (658 ha) we determined that the areas within the excluded in that rule. In this revised in City and Mill Creeks and the Santa geographical area occupied by the proposed rule, we removed from Ana River (below Seven Oaks Dam) as species in the San Gabriel River at the Subunits 1B and 1C (the area roughly part of Subunit 1A, which composes a time of listing and currently occupied corresponding roughly to Unit 1 in the portion of Subunit 1B in the 2005 final are adequate for the conservation of the 2005 final rule) the following tributaries rule. species in this portion of its range (see and channels (because these areas do Some portions of the Santa Ana Wash Criteria Used To Identify Critical not contain the physical and biological area identified as part of Subunit 1B in Habitat above). features essential to the conservation of the 2005 rule do not contain the (b) In this proposed revised rule, we the species (from North to South). physical and biological features removed the entire extent of Shoemaker • 1.2 mi (1.9 km) urban drainage essential to the conservation of the Canyon Creek [0.99 mi (1.59 km)], through Lake Evans; species, and we have not included them designated in the 2005 final rule, • 1.3 mi (2.1 km) urban drainage as part of proposed Subunit 1A. Also, as because, based on our calculations, the through Hole Lake; part of Subunit 1A of this proposed slope of this creek exceeds 7 degrees • 0.9 mi (1.4 km) urban drainage revised rule, we are proposing to and therefore, we determined this area (north side of the Santa Ana River designate a 273-ac (110-ha) area of the does not contain the physical and (SAR), east of Pedley); Santa Ana River above the Seven Oaks biological features essential to the • 2.3 mi (3.7 km) urban drainage Dam. This area has not been included in conservation of the species (see (north side of SAR, west of Pedley); any previous proposed or final critical Criterion 3 in the Criteria Used To • 1.0 mi (1.5 km) urban drainage up habitat designations for the Santa Ana Identify Critical Habitat section above Lucretia Avenue; sucker (see Critical Habitat Units, for a detailed discussion of our slope • 0.3 mi (0.47 km) urban drainage up Subunit 1A: Upper Santa Ana River calculations and assumptions). Norco Rd. near California Rehabilitation section of this proposed revised rule for (c) In this proposed revised rule, we Center; a detailed discussion). removed the entire extent of Burro

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Canyon Creek [0.74 mi (1.19 km)], in these creeks and not essential to the Creeks. Stream and storm waters from designated in the 2005 final rule, conservation of the species (see Big Tujunga Creek transport sediments because habitat in this creek has been Criterion 7 in the Criteria Used To necessary to maintain preferred degraded due the operation of a mine Identify Critical Habitat section above substrate conditions (PCE 2) within upstream and does not contain the for a discussion of origin of sediment Haines Creek. These waters flow physical and biological features transport). through the golf course on an irregular essential to the conservation of the (b) We are proposing to designate basis (i.e., in 2 of the 5 years since the species. additional portions of Gold Canyon course was opened). Both creeks (2) We are proposing to extend the Creek (Subunit 3B) by extending the discharge into occupied habitat upstream boundary of the East Fork of upstream boundary of the creek by downstream, including a conserved the San Gabriel River approximately approximately 0.29 mi (0.47 km) from habitat area, which supports the Santa 0.85 mi (1.37 km) from the upstream the 2005 final critical habitat boundary Ana sucker and two other native fishes. end of an occurrence polygon to the to capture the upstream origin of Therefore, we believe this area contains point near the Bridge-of-No-Return. In sediment transport for this creek, an the features essential to the conservation the 2005 final rule, we acknowledged area we determined is essential to the of the species because it provides for that this upstream area is essential to conservation of the species (see sediment transport (PCE 2) into the the conservation of the Santa Ana Criterion 7 in the Criteria Used To downstream conserved habitat area. sucker, but since the area had not been Identify Critical Habitat section above proposed as critical habitat or Proposed Revised Critical Habitat for a discussion of origin of sediment Designation delineated on the map or the legal transport). description for this unit, it could not be (c) We propose to designate We are proposing three units as included in the final rule (70 FR 428). approximately 160 ac (65 ha) of the critical habitat for the Santa Ana sucker. Unit 3: Big Tujunga Creek (San privately owned Angeles National Golf The critical habitat areas we describe Bernardino County) Club in Subunit 3A. We are proposing below constitute our best assessment at (1) In the 2005 critical habitat rule, we to designate only the alluvial floodplain this time of areas that meet the designated 2,540 ac (1,028 ha) as critical and multiple low-flow channels that definition of critical habitat for the habitat in Unit 3. In this 2009 proposed traverse the golf course. However, due Santa Ana sucker. Table 2 identifies the revised rule, we are proposing to to the scale of the habitat areas approximate area of each proposed designate 1,233 ac (499 ha) as critical containing the PCEs within the golf critical habitat unit by land ownership. habitat in two subunits, Subunits 3A course and the current GIS mapping These units, if finalized, will replace the and 3B, which correspond roughly to techniques, we are unable to map current critical habitat designation for Unit 3 in the 2005 final rule. Subunit 3A precisely only those areas containing the Santa Ana sucker in 50 CFR contains the mainstem of Big Tujunga the physical and biological features 17.96(a). The critical habitat areas we Creek from Hansen Dam to Big Tujunga essential to the conservation of the describe below constitute our best Dam, and Subunit 3B contains three species. Therefore, the entire golf course assessment of (1) areas determined to be unoccupied tributaries to Big Tujunga is mapped as proposed critical habitat. within the geographical area occupied Creek: Gold Canyon, Delta Canyon, and However, permanent structures and by the species at the time of listing and Stone Canyon Creeks. The 1,307-ac facilities associated with the golf course currently occupied that contain the (529-ha) reduction in Unit 3 from the (such as the buildings, and fairways and physical and biological features which 2005 final rule is primarily due to the greens outside of the floodplain) do not may require special management following revisions: contain the PCEs and are therefore not considerations or protection and (2) (a) In this proposed revised rule, we considered critical habitat. areas that are not within the removed a 0.26 mi (0.42 km) upstream The majority of this area was not geographical area occupied by the section of Delta Canyon Creek (Subunit included in the 2005 final critical species at the time of listing and are not 3B) and a 0.13 mi (0.21 km) upstream habitat designation. However, this area currently occupied but that are essential section of Stone Canyon Creek (Subunit includes the alluvial floodplain and to the conservation of the species 3B), both designated in the 2005 final multiple low-flow channels that traverse (please see Criteria Used To Identify rule, because these areas appear to be the golf course, which lies between the Critical Habitat section above for a above the origin of sediment transport confluence of Big Tujunga and Haines discussion of geographical area).

TABLE 2. AREA ESTIMATES (ACRES (AC) AND HECTARES (HA)) AND LAND OWNERSHIP FOR THE SANTA ANA SUCKER PROPOSED REVISED CRITICAL HABITAT. VALUES IN THIS TABLE MAY NOT SUM DUE TO ROUNDING.

Ownership Unit County State or Local Total Area Federal Government Private

Unit 1: Santa Ana River

Subunit 1A: Upper San Bernardino 273 ac 95 ac 1,532 ac 1,900 ac Santa Ana River (110 ha) (38 ha) (620 ha) (768 ha)

Subunit 1B: Santa San Bernardino and 13 ac 2,390 ac 2,301 ac 4,704 ac1 Ana River Riverside (5 ha) (967 ha) (931 ha) (1,903 ha)

Subunit 1C: Lower Riverside and 0 ac 56 ac 711 ac 767 ac1 Santa Ana River Orange (0 ha) (23 ha) (288 ha) (311 ha)

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TABLE 2. AREA ESTIMATES (ACRES (AC) AND HECTARES (HA)) AND LAND OWNERSHIP FOR THE SANTA ANA SUCKER PROPOSED REVISED CRITICAL HABITAT. VALUES IN THIS TABLE MAY NOT SUM DUE TO ROUNDING.—Continued

Ownership Unit County State or Local Total Area Federal Government Private

Unit 1 Totals 286 ac 2,541 ac 4,544 ac 7,372 ac (116 ha) (1,028 ha) (1,839 ha) (2,982 ha)

Unit 2: San Gabriel Los Angeles 917 ac 0 ac 83 ac 1,000 ac River (371 ha) (0 ha) (34 ha) (405 ha)

Unit 3: Big Tujunga Creek

Subunit 3A Los Angeles 242 ac 0 ac 947 ac 1,189 ac (98 ha) (0 ha) (383 ha) (481 ha)

Subunit 3B Los Angeles 44 ac 0 ac 0 ac 44 ac (18 ha) (0 ha) (0 ha) (18 ha)

Unit 3 Totals 286 ac 0 ac 947 ac 1,233 ac (116 ha) (0 ha) (383 ha) (499 ha)

Total 1,489 ac 2,541 ac 5,573 ac 9,605 ac (603 ha) (1,028 ha) (2,255 ha) (3,887 ha)

Critical Habitat Units Subunit 1A is not within the NOAA 2003). Additionally, suckers feed Presented below are brief descriptions geographical area of the species by scraping algae, insects, and detritus of all units, and reasons why they meet occupied at the time of listing and is not from gravel and cobble. Therefore, the the definition of critical habitat for the currently occupied. However, while upstream source of spawning and Santa Ana sucker. City Creek and the Santa Ana River feeding substrates (gravel and cobble) above Seven Oaks Dam are not currently are essential to the reproductive ability Unit 1: Santa Ana River occupied, these areas were historically and development of the sucker in the Unit 1 is located in San Bernardino, occupied based on a 1982 California downstream occupied reaches (Baskin, Riverside, and Orange Counties and Natural Diversity Database record and a pers. comm. 2004; Haglund, pers. consists of three subunits totaling 7,372 1940 Museum of Zoology Fish comm. 2004). City and Mill Creeks are ac (2,893 ha) of Federal (U.S. Army Collection database record, respectively, particularly essential to the Corps of Engineers and USFS), local and provide suitable habitat conditions conservation of the species since the government, and private land (Table 2). for the Santa Ana sucker. Mill Creek is Seven Oaks Dam has reduced the not known to be historically or currently transfer of sediment and altered the Subunit 1A: Upper Santa Ana River occupied and does not provide suitable natural flow in the downstream, Subunit 1A is located near the Cities habitat conditions for the Santa Ana occupied areas of the Santa Ana River. of Highland, Mentone, and Redlands in sucker. We determined that Mill and We also determined that City Creek San Bernardino County, California. This City Creeks are essential to the and the Santa Ana River above Seven subunit includes two separate areas: conservation of the species because Oaks Dam contain features essential to One includes 7 mi (12 km) of City Creek these creeks provide greater quantities the conservation of the species (PCEs 1, (measured from its confluence with the of stream and storm waters (PCE 1) 2, and 6) and are essential to the Santa Ana River), 12 mi (19 km) of Mill relative to other creeks in the river conservation of the species to provide Creek (measured from its confluence system, necessary to transport habitat for future reintroduction of the with the Santa Ana River), and 10 mi sediments necessary to maintain species. Given its small population size (17 km) of the Santa Ana River from preferred substrate (PCE 2) conditions in and restricted range, the Santa Ana below the Seven Oaks Dam to near occupied portions in the Santa Ana sucker is at high risk of extirpation from Tippecanoe Avenue. The other area of River. stochastic events, such as disease or this subunit includes 7 mi (12 km) of Although areas of the upper Santa fatal water contamination levels, the Santa Ana River above Seven Oaks River and its associated tributaries especially in the Santa Ana River. Dam (measured from the Seven Oaks generally dry during the summer, Maintaining areas of suitable habitat on Dam). The lower portion of the Santa portions of the upper Santa Ana River the Santa Ana River and City Creek into Ana River below its confluence with system have a higher gradient and a which Santa Ana suckers could be City and Mill Creeks is adjacent to greater percentage of gravel and cobble reintroduced is essential to decrease the urban development, while the upstream substrate than the occupied areas that risk of of the species resulting portions of City and Mill Creeks and the are downstream (Baskin, pers. comm. from stochastic events and provide for Santa Ana River above Seven Oaks Dam 2004). Suckers spawn over gravel the species’ eventual recovery. While are in the San Bernardino National substrates, where their eggs can adhere currently not occupied, both City Creek Forest. Lands in this subunit are under to gravel before hatching into larvae. and the Santa Ana River above Seven Federal (USFS and Bureau of Land Winter flows from upstream areas Oaks Dam were historically occupied. Management (BLM)) (273 ac (110 ha)), annually replenish this substrate and The upper reaches of City Creek are State/Local (95 ac (38 ha)), and private clean sand from it (Baskin, pers. comm. considered to be high quality habitat (1,532 ac (619 ha)) ownership (Table 2). 2004; Haglund, pers. comm. 2004; (OCWD 2009) and the upper reaches of

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both City Creek and the Santa Ana River Channel would likely be reestablished longer provide suitable habitat for the above Seven Oaks Dam are within the following a high flow event. Santa Ana species. San Bernardino National Forest and suckers were found upstream of the In addition to reduced water quality therefore likely provide habitat that is Rialto Drain in the vicinity of the La and altered hydrology, habitat within superior, with fewer severe threats, to Cadena Bridge drop-structure during this subunit has been impacted by the that in the occupied sections spring-time flow releases from the construction of several bridges spanning downstream in the Santa Ana River. Seven Oaks Dam in 2005 (Baskin et al. the Santa Ana River and grade-control Given the barriers to fish movement that 2005, p. 1). Rialto Drain and Sunnyslope structures that fragment habitat for the exist downstream of these Creek are the only tributaries to the Santa Ana sucker. Therefore, the reintroduction areas, maintenance of Santa Ana sucker in this subunit where physical and biological features populations in City Creek and the Santa Santa Ana sucker spawning has been essential to the conservation of the Ana River above Seven Oaks Dam documented. However, the distribution species in this subunit may require would likely require active management of fry and juvenile fish observed in special management considerations or protection to address threats associated to transport individuals back to these various locations within the mainstem with water diversion, alteration of areas in the event they are flushed implies that spawning areas other than stream channels and watersheds, and downstream during a flood event. the Rialto Drain and Sunnyslope Creek reduction of water quantity and quality Subunit 1B: Santa Ana River likely exist within the Santa Ana River. associated with urban development. Subunit 1B is located near the cities In the mainstem of the Santa Ana Please see Special Management of Colton and Rialto in San Bernardino River, dry-season flows are dependent Considerations or Protection for County and the cities of Riverside, primarily upon discharges from tertiary discussion of the threats to the Santa Norco, and Corona in Riverside County, wastewater treatment plants and Ana sucker habitat. California. This subunit includes upwelling of ground water within the Subunit 1C: Lower Santa Ana River roughly 22.4 mi (36.0 km) of the Unit (California Regional Water Quality mainstem of the Santa Ana River from Control Board 1995, pp. 1-4 through 1- Subunit 1C is located near the City of near Tippecanoe Avenue in San 8; Chadwick and Associates, Inc. 1992, Corona in Riverside County and the Bernardino County to the Prado Dam p. 20), while storm-season flows are cities of Anaheim and Yorba Linda in and Flood Control Basin in Riverside regulated by the upstream Seven Oaks Orange County, California. This subunit County. This subunit also includes Dam. The discharge of treated includes 10.7 mi (17.2 km) of the Santa sections of the following tributaries wastewater effluent maintains stream Ana River mainstem from below the (distances are measured from the volume and velocity within the Prado Dam outlet in Riverside County to mainstem of the Santa Ana River): 1,647 mainstem and the Rialto Drain to 0.6 mi (1.03 km) downstream of the ft (502 m) of the Rialto Drain and 2,413 maintain habitat patches that support State Route 90 (Imperial Highway) ft (736 m) Sunnyslope Creek. Lands the riverine environment (PCE 1) Bridge in Orange County. While tributaries to the Santa Ana River in this within this subunit are under Federal necessary for the Santa Ana sucker. The subunit likely provide water and storm (Department of Defense - U.S. Army discharge of treated wastewater effluent water flows necessary to maintain Corps of Engineers) ((13 ac (5 ha)), along with the upwelling of preferred substrate conditions in State/Local (2,390 ac (967 ha)), and groundwater also lowers ambient water private (2,300 ac (932 ha)) ownership occupied portions of the river that may temperature to some extent in portions (Table 2). The Secretary is considering be essential to the conservation of the of the Santa Ana River (Chadwick and exercising his discretion to exclude all species, we do not currently have Associates, Inc. 1992, p. 26) (PCE 5), lands in this subunit from the final information on the extent of their and rising water in the Riverside designation under section 4(b)(2) of the contribution and therefore are not Narrows feeds several small tributaries Act (see Exclusions section for proposing any tributaries to the Santa discussion). to the Santa Ana River, including the Ana River in Subunit 1C as critical All areas within this subunit are Sunnyslope Creek (California Regional habitat. However, we are seeking within the geographical area occupied Water Quality Control Board 1995, pp. additional information on the sediment by the species at the time of listing, are 1-4 through 1-8; Swift 2000, p. 6) (PCE contribution from tributaries to the currently occupied, and contain features 1). Rialto Drain and Sunnyslope Creek lower Santa Ana River in Subunit 1C essential for the conservation of the contain gravel and cobble substrate, (see Public Comments section above). species. Recent surveys have found with some sand accumulation along Lands within this subunit are under Santa Ana suckers at various locations channel edges, deep pools, and a State/Local (56 ac (23 ha)) and private in the mainstem of the Santa Ana River riparian overstory (PCEs 2 and 6). (711 ac (288 ha)) ownership (Table 2). between the Rialto Drain and the Prado Therefore, these areas provide areas for The Secretary is considering exercising Dam (Baskin et al., 2005, pp. 1-2; Swift spawning and rearing of fry and juvenile his discretion to exclude all lands in 2009, pp. 1–3). Santa Ana suckers also fish (PCE 1) and shallow-water refuge this subunit under section 4(b)(2) of the occupy the Rialto Drain and Sunnyslope for Santa Ana suckers during storms and Act from the final designation (see Creek at least during portions of the year during periods of high ambient Exclusions section for discussion). (Chadwick Ecological Consultants, Inc. temperatures (PCE 6). Almost all other All areas in Subunit 1C are within the 1996, p. 9; Swift 2000, p. 8; Swift 2001, tributaries to the Santa Ana River in this geographic area occupied by the species p. 45). At this time, the low-flow subunit have been channelized, and at the time of listing, are currently channel of the Santa Ana River has while these tributaries continue to occupied, and contain the features moved away from its confluence with provide some water and storm water essential for the conservation of the Sunnyslope Creek. In the absence of flows to the mainstem, the majority of species. This species has been found in flows, accumulated sediments and this water is untreated drainage from the vicinity of the Gypsum Canyon vegetation are preventing access to this surrounding urban areas. Also, with the Bridge, Weir Canyon drop structure, and creek by Santa Ana suckers (OCWD exception of their confluence with the the Imperial Highway overpass (Baskin 2009, pp. 5–31). However, a connection mainstem, it appears these other and Haglund 2001, pp.1-5; Chadwick between the mainstem and Sunnyslope tributaries to the Santa Ana River no Ecological Consultants, Inc. 1996, p. 9;

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Swift 2000, pp. 15-20). More recently the mainstem of the fork): 0.3 mi (0.5 system, resulting in fluctuating water suckers were collected just below Prado km) of Big Mermaids Canyon Creek and (PCE 1) and sediment (PCE 2) releases. Dam (SMEA 2008, p 1). 3.3 mi (5.3 km) Bear Canyon Creek, both During its operational life, the Cogswell Upstream water flows to Subunit 1C tributaries of the West Fork; 0.2 mi (0.2 Reservoir has accumulated a large are primarily maintained by releases km) of the West Fork of Bear Canyon volume of sediment behind the dam that from Prado Dam, a structure that has Creek, a tributary of Bear Canyon Creek; affects the quality of water released both altered the hydrology of the system, 1.5 mi (2.4 km) of Bichota Canyon through operations and unavoidable, resulting in fluctuating water (PCE 1) Creek, a tributary of the North Fork; 3.8 uncontrolled leakage (Ally 2004a, p. 1). and sediment (PCE 2) releases. The mi (6.2 km) of Cattle Canyon Creek, a During the summer months, the only numerous tributaries flowing into the tributary of the East Fork; and 0.6 mi flow into the West Fork of the San Santa Ana River below Prado Dam (0.9 km) of Cow Canyon Creek, a Gabriel River is the result of leakage appear to contribute little dry-season tributary of Cattle Canyon Creek. Lands from the dam, and because flow flow. Releases from Prado Dam maintain within this unit are entirely within the velocities are low, sediments do not perennial stream flow in the Santa Ana Angeles National Forest and are under travel far downstream (Ally 2004a, p. River which in turn maintains well- Federal (USFS) (917 ac (371 ha)) and 36). During storms, water containing defined banks supporting native private (83 ac (34 ha)) ownership (Table fine sediments passes over or through riparian vegetation (PCE 6) and deep 2). the dam, and because sediments remain pools (PCE 2). However, since the All areas in Unit 2 are within the suspended within the reservoir pool for velocity is typically high, water released geographical area occupied by the several months, downstream turbidity below the dam is often turbid. During species at the time of listing, are can be increased over turbidity storms, water containing fine sediments currently occupied, and contain the associated with natural conditions (PCE passes over or through a dam, and features essential to the conservation of 4) (Ally 2004a, p. 36). Accidental high because sediments remain suspended the species. In addition to surveys water releases (with heavy sediment within the reservoir pool for several discussed in the listing rule (65 FR loads) from Cogswell Reservoir have months, downstream turbidity can be 19686; April 12, 2000) and in the devastated the West Fork of the San increased (PCE 4) (Ally 2004a, p. 36). previous designation of critical habitat Gabriel River several times in the past Releases of turbid water could also for the Santa Ana sucker (70 FR 426; (Haglund and Baskin 1992, p. 57; Moyle degrade downstream foraging and January 4, 2005), additional surveys 2002, p. 184; Moyle et al. 1995, p. 203; spawning habitat if areas become have documented Santa Ana suckers in Moyle and Yoshiyama 1992, p. 204). covered by fine silts. The operation of the West, North, and East Forks of the Such rapid increases in flow volume Prado Dam also traps larger sediments San Gabriel River and the following and velocity may disrupt Santa Ana therefore decreasing the deposition of tributaries: Big Mermaids Canyon, Bear sucker spawning and flush juvenile gravel and cobble needed to maintain Canyon, Bichota Canyon, Cattle Canyon, Santa Ana suckers into areas with spawning and foraging habitat below the and Cow Canyon Creeks (Ally 2004b, unsuitable habitat. dam. pp. 8–9, 14–15, 22, 24–25, 28; Ally Along with impacts associated with In addition to reduced water quality 2004c, pp. 9–10, 13–14, 16–17; Haglund the operation of Cogswell Dam, habitat and altered hydrology, habitat within and Baskin 1992, p. 32; O’Brien 2009a, within this unit has also been impacted this subunit has been impacted by the pp. 2-3; Tennant 2004, pp. 5–8; Tennant by recreational activities, including construction of several bridges spanning 2006, p. 3). The West, North, and East OHV use and the construction of the Santa Ana River. Therefore, the Forks of the San Gabriel River have one artificial recreational dams. Authorized physical and biological features of the most intact native freshwater fish OHV activity occurs in the USFS’s San essential to the conservation of the faunas in Southern California (Haglund Gabriel Canyon OHV Area at the species in this subunit may require and Baskin 2003, p. 7), have good water junction of the East, North, and West species management considerations or quality, and appear to support the Forks. The use of the river as an OHV protection to address threats from water highest abundance of Santa Ana suckers recreational area may result in adverse diversion, alteration of stream channels within the species’ range. effects to the Santa Ana sucker by and watersheds, and reduction of water This is the only unit that, overall, has increasing turbidity (PCE 4); disrupting quantity and quality associated with a sediment transport and hydrological the physical structure of habitat for urban development. Please see the regime existing in a natural state spawning, resting, and feeding (PCE 2); Special Management Considerations or (relative to the other two proposed and introducing pollutants (such as oil Protection section of this proposed rule critical habitat units). This unit supports and gas) into streams (PCE 4) (65 FR for discussion of the threats to the Santa a population of the Santa Ana sucker 19686; April 12, 2000). Ana sucker habitat. occurring within a relatively intact To minimize impacts to the Santa Ana watershed that provides good water sucker from OHV use, the USFS has Unit 2: San Gabriel River quality, supply, and sediment transport. implemented protection measures (such Unit 2 consists of the West, North, This is the only extant population of as establishing designated stream and East Forks of the San Gabriel River Santa Ana suckers that is not crossings and limiting the number of upstream of the San Gabriel Reservoir, chronically exposed to urban runoff or stream crossings in the OHV area) (US in Los Angeles County, California. This tertiary-treated wastewater discharges, FWS 2005, p. 8). The construction of unit includes 9.3 mi (14.9 km) of the and that has a regulated water supply ‘‘recreational’’ dams degrades in-stream West Fork downstream of Cogswell Dam (with the exception of the West Fork of and possibly bank habitat, increases to the San Gabriel Reservoir, 3.2 mi (5.2 the San Gabriel River). turbidity (PCE 4), and disrupts sediment km) of the North Fork upstream from Natural water flow in the North and transport. Over 500 recreational dams the confluence with the West Fork, and East forks, and the tributaries included were found in 2001 and 2002 within a 10.4 mi (16.7 km) of the East Fork in this unit, is unimpeded by large-scale 7.1 mi (11.4 km) reach of the East Fork downstream of the Bridge-of-No-Return dams. However, water flows in the West of the San Gabriel River (Ally 2001, p. to the San Gabriel Reservoir. This unit Fork of the San Gabriel River are 2.; Ally 2003, pp. 1–2). Recreational also includes sections of the following affected by Cogswell Dam, a structure dams also reappear on a frequent basis tributaries (distances are measured from that has altered the hydrology of the in the San Gabriel Canyon OHV Area in

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the North Fork of this river as well documented near and downstream of control purposes. This channelization (USFS 2008, p. 6). Therefore, the the Big Tujunga Canyon Road Bridge has eliminated habitat for the Santa Ana physical and biological features and because we do not have evidence of sucker, altered the hydrologic regime essential to the conservation of the the existence of barriers permanently (PCE 1), and reduced the transport of species in this unit may require species precluding upstream movement to the sediments needed to maintain channel management considerations or dam. Additionally, the upstream substrate conditions (PCE 2) in the protection to address threats associated sections of Big Tujunga Creek are also occupied sections of Big Tujunga Creek. with water diversion, alteration of important for providing stream and Habitat in Subunit 3A has been stream channels and watersheds, and storm waters necessary to transport altered due to the operation of the Big human recreational activities. Please see sediments to maintain preferred Tujunga Dam upstream and Hansen Special Management Considerations or substrate conditions (PCE 2) for the Dam downstream. All flows in the Protection section of this proposed rule Santa Ana sucker in occupied areas occupied reaches of Big Tujunga Creek for discussion of the threats to the Santa downstream. We seek additional are moderated by the operation of Big Ana sucker habitat. information on the occurrence of the Tujunga Dam, which has eliminated Santa Ana sucker, habitat conditions, flows along most of the creek during late Unit 3: Big Tujunga Creek and the presence of potential permanent summer and autumn of dry years Unit 3 includes a total of 1,233 ac barriers to movement between the Big (Palavido et al. 2008, p. 8), thereby (499 ha) of land and consists of two Tujunga Canyon Road Bridge and the reducing not only the amount of water subunits located in Los Angeles County, Big Tujunga Dam (see Public Comments (PCE 1) entering the system but also the California. Lands within this unit are section above). amount of sediment (PCE 2) being under Federal (USFS) (286 ac (116 ha)) A section of Haines Creek upstream of transported downstream. During these and private (946 ac (384 ha)) ownership the Foothill Bridge traverses the Angeles dry periods, the Santa Ana sucker is (Table 2). National Golf Course. This 160 ac (65 restricted to an approximate 1 mi (1.6 Subunit 3A: Big Tujunga and Haines ha), privately owned golf course lies km) section of the creek (Palavido et al. Creeks between the confluence of Big Tujunga 2008, p. 8). At times, the creek can be and Haines Creeks and includes the reduced to a series of standing pools Subunit 3A includes an alluvial floodplain and multiple low- with only a trickle of flow between them approximately 13 mi (21 km) stretch of flow channels that traverse the golf (Swift 2002, p. 1), further isolating Big Tujunga Creek (a tributary of the Los course. Flow from the Big Tujunga suckers (PCE 1). The operation of Big Angeles River) between the Big Tujunga Creek travels through the golf course Tujunga Dam is the subject of an Dam and Reservoir and Hansen Dam into Haines Creek on an irregular basis ongoing consultation between the and Flood Control Basin. This subunit (2 of the 5 years since the course has Service and the USFS under section 7 also includes Haines Creek, a small been open) and likely provides the only of the Act. To minimize impacts to the stream within the floodplain of Big source of stream and storm waters species, a strategy is being developed Tujunga Creek. The 1,189 ac (481 ha) of necessary to transport sediments to with the objective of maintaining and land within this subunit is under maintain preferred substrate conditions enhancing Santa Ana sucker habitat Federal (USFS) (242 ac (98 ha)) and (PCE 2) to Haines Creek and within the lower Big Tujunga Creek private (946 ac (384 ha)) ownership downstream to the Big Tujunga Wash (Mendez 2005, p. 1). (Table 2). Mitigation Bank (Swift 2009, p.1). Habitat within this subunit has also All areas of Subunit 3A are within the Therefore, the alluvial floodplain and been impacted by the construction of geographical area occupied by the multiple low-flow channels that traverse several bridges (such as the Foothill, species at the time of listing, are the golf course are essential to the Interstate-210, and Oro Vista bridges). currently occupied, and contain the conservation of the species because they The habitat within both Big Tujunga features essential to the conservation of provide the primary (and potentially Creek and Haines Creek as they flow the species. In addition to surveys cited sole) source of stream and storm waters under the Foothill and Interstate-210 in the listing rule (65 FR 19686; April downstream into the Big Tujunga Wash bridges is often temporarily fragmented 12, 2000) and in the previous Mitigation Bank that supports the Santa (PCE 7) (Swift 2006a, p. 2). Hence, designation of critical habitat for the Ana sucker (see Summary of Changes sufficient water and sediment transport Santa Ana sucker (70 FR 426; January 4, From Previously Designated Critical are needed to maintain the stream 2005), additional surveys have Habitat section above for more channel substrate conditions required documented Santa Ana suckers in Big discussion of the proposed revised by the Santa Ana sucker in this area Tujunga Creek between Delta Flats and designation on the Angeles National (PCEs 1, 2, and 7). The physical and Vogel Flats (Hagund and Baskin 2001, Golf Course). biological features essential to the pp. 2-4; O’Brien 2009b, p. 2), and in the The upstream portion of this subunit conservation of the species in this unit Big Tujunga Wash Mitigation Bank, is within the Angeles National Forest may require species management including Haines Creek (Chambers and is therefore not exposed to the considerations or protection to address Group 2004, pp. 6-3, 6-4). Some effects of urbanization. However, the threats associated with water diversion, speculation exists that Big Tujunga downstream portion of Big Tujunga and alteration of stream channels and Creek between the Big Tujunga Dam and Creek between the Oro Vista Bridge and watersheds and human recreational Big Tujunga Canyon Road Bridge may Hansen Dam is adjacent to existing activities. Please see Special no longer be occupied by this species. urban development south of the creek, Management Considerations or Swift (2002, p. 3) speculates that which has altered water flows Protection section of this proposed rule streambed characteristics in three places transporting sediment (PCE 2) into the for discussion of the threats to Santa upstream of Big Tujunga Canyon Road Big Tujunga Creek. Several tributaries Ana sucker habitat. Bridge may prevent upstream movement (including the upper portion of Haines or make movement possible only during Creek) that flow into Big Tujunga Creek Subunit 3B: Gold, Delta, and Stone rare high flow events. We currently through the communities of Sunland Canyon Creeks consider this area occupied because and Tujunga have been channelized Subunit 3B consists of three Santa Ana suckers have been through urbanized areas for flood tributaries to Big Tujunga Creek

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(measured from their confluence with and Sierra Club v. U.S. Fish and likely to adversely affect, listed species the mainstem): a 1.89 mi (3.04 km) Wildlife Service et al., 245 F.3d 434, or critical habitat; or section of Gold Canyon Creek, a 0.79 mi 442F (5th Cir. 2001)), and we do not rely (2) A biological opinion for Federal (1.27 km) section of Delta Canyon Creek, on this regulatory definition when actions that may affect, and are likely to and a 0.67 mi (1.08 km) section of Stone analyzing whether an action is likely to adversely affect, listed species or critical Canyon Creek. The 44 ac (18 ha) of land destroy or adversely modify critical habitat. within this subunit is entirely within habitat. Under the statutory provisions An exception to the concurrence the Angeles National Forest and is of the Act, we determine destruction or process referred to in (1) above occurs entirely under Federal (USFS) adverse modification on the basis of in consultations involving National Fire ownership (Table 2). whether, with implementation of the Plan projects. In 2004, USFS and BLM These three tributaries are not within proposed Federal action, the affected reached agreements with the Service to the geographical range of the species critical habitat would remain functional streamline a portion of the section 7 occupied at the time of listing and are (or retain the current ability for the PCEs consultation process (BLM-ACA 2004, not currently occupied. While we are to be functionally established) to serve pp. 1–8; FS-ACA 2004, pp. 1–8). The not aware of any surveys for the Santa its intended conservation role for the agreements allow USFS and BLM the Ana sucker conducted in Gold Canyon, species. Section 7(a)(2) of the Act opportunity to make ‘‘not likely to Delta Canyon, or Stone Canyon Creeks, requires Federal agencies, including the adversely affect’’ determinations for it appears that the slope of Delta Canyon Service, to evaluate their actions with projects implementing the National Fire and Stone Canyon Creeks from near respect to any species that is Plan. Such projects include prescribed their confluence with Big Tujunga Creek endangered or threatened and with fire, mechanical fuels treatments is too steep to be passable by the Santa respect to its critical habitat, if any is (thinning and removal of fuels to Ana sucker. The slope of Gold Canyon proposed or designated. Regulations prescribed objectives), emergency Creek from approximately 0.49 mi (0.8 implementing this interagency stabilization, burned area rehabilitation, km) from its confluence with Big cooperation provision of the Act are road maintenance and operation Tujunga Creek also appears to be too codified at 50 CFR part 402. activities, ecosystem restoration, and steep to be passable by the Santa Ana Section 7(a)(4) of the Act requires culvert replacement actions. The USFS sucker. Please see Criteria Used To Federal agencies to confer with us on and BLM will insure staff is properly Identify Critical Habitat section of this any action that is likely to jeopardize trained, and both agencies will submit proposed revised rule for a discussion of the continued existence of a species monitoring reports to the Service to how we determined the slope within proposed for listing or result in determine if the procedures are being these creeks. destruction or adverse modification of implemented properly and effects to These creeks are essential to the proposed critical habitat. Conference endangered species and their habitats conservation of the species because they reports provide conservation are being properly evaluated. As a provide and transport sediment (PCE 2) recommendations to assist the agency in result, we do not believe the alternative and convey stream flows and flood eliminating conflicts that may be caused consultation processes being waters (PCE 1) necessary to maintain by the proposed action. We may issue implemented as a result of the National habitat conditions for the downstream a formal conference report if requested Fire Plan will differ significantly from occupied areas of Big Tujunga Creek. by a Federal agency. Formal conference those consultations being conducted by The areas of these creeks at their reports on proposed critical habitat the Service. confluence with Big Tujunga Creek also contain an opinion that is prepared If we issue a biological opinion provide protective areas for juvenile according to 50 CFR 402.14, as if critical concluding that a project is likely to Santa Ana suckers during high flow habitat were designated. We may adopt jeopardize the continued existence of a events, during periods of high ambient the formal conference report as the listed species and/or destroy or temperatures, and from predators (PCEs biological opinion when the critical adversely modify critical habitat, we 1 and 6). habitat is designated, if no substantial also provide reasonable and prudent These tributaries are particularly new information or changes in the alternatives to the project, if any are essential to the conservation of the action alter the content of the opinion identifiable. We define ‘‘reasonable and species given the extent to which the (see 50 CFR 402.10(d)). The prudent alternatives’’ at 50 CFR § hydrology and the habitat of the conservation recommendations in a 402.02 as alternative actions identified downstream occupied section of Big conference report or opinion are during consultation that: Tujunga Creek has been altered and advisory. • Can be implemented in a manner degraded due to the construction and If a species is listed or critical habitat consistent with the intended purpose of operation of Big Tujunga Dam. is designated, section 7(a)(2) of the Act the action, Effects of Critical Habitat Designation requires Federal agencies to ensure that • Can be implemented consistent with activities they authorize, fund, or carry the scope of the Federal agency’s legal Section 7 Consultation out are not likely to jeopardize the authority and jurisdiction, Section 7(a)(2) of the Act requires continued existence of such a species or • Are economically and Federal agencies, including the Service, to destroy or adversely modify its technologically feasible, and to ensure that actions they fund, critical habitat. If a Federal action may • Would, in the Director’s opinion, authorize, or carry out are not likely to affect a listed species or its critical avoid jeopardizing the continued destroy or adversely modify critical habitat, the responsible Federal agency existence of the listed species or habitat. Decisions by the Fifth and (action agency) must enter into destroying or adversely modifying Ninth Circuit Courts of Appeal have consultation with us. As a result of this critical habitat. invalidated our definition of consultation, we document compliance Reasonable and prudent alternatives ‘‘destruction or adverse modification’’ with the requirements of section 7(a)(2) can vary from slight project (50 CFR 402.02) (see Gifford Pinchot of the Act through our issuance of: modifications to extensive redesign or Task Force v. U.S. Fish and Wildlife (1) A concurrence letter for Federal relocation of the project. Costs Service, 378 F.3d 1059 (9th Cir. 2004) actions that may affect, but are not associated with implementing a

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reasonable and prudent alternative are habitat, or that may be affected by such Exemptions similarly variable. designation. Application of Section 4(a)(3) of the Act Regulations at 50 CFR § 402.16 Activities that, when carried out, The Sikes Act Improvement Act of require Federal agencies to reinitiate funded, or authorized by a Federal consultation on previously reviewed 1997 (Sikes Act) (16 U.S.C. 670a) agency, may adversely affect critical actions in instances where we have required each military installation that habitat and therefore should result in listed a new species or subsequently includes land and water suitable for the consultation for the Santa Ana sucker designated critical habitat that may be conservation and management of include, but are not limited to, the affected, and the Federal agency has natural resources to complete an following: retained discretionary involvement or integrated natural resource management control over the action (or the agency’s (1) Actions that would alter the plan (INRMP) by November 17, 2001. discretionary involvement or control is hydrology to a degree that appreciably An INRMP integrates implementation of authorized by law). Consequently, reduces the value of the critical habitat the military mission of the installation Federal agencies may sometimes need to for both the long-term survival and with stewardship of the natural request reinitiation of consultation with recovery of the species. Such activities resources found on the base. Each us on actions for which formal could include, but are not limited to, INRMP includes: consultation has been completed, if impoundment, channelization, water • An assessment of the ecological those actions with discretionary diversion, removal of water from needs on the installation, including the involvement or control may affect waterways, construction, licensing, need to provide for the conservation of subsequently listed species or relicensing, and operation of dams or listed species; designated critical habitat. other water impoundments. • A statement of goals and priorities; Federal activities that may affect the • (2) Actions that would significantly A detailed description of Santa Ana Sucker or its designated alter water quality to a degree that management actions to be implemented critical habitat will require section appreciably reduces the value of the to provide for these ecological needs; 7(a)(2) consultation under the Act. critical habitat for both the long-term and Activities on State, Tribal, local, or • survival and recovery of the species. A monitoring and adaptive private lands requiring a Federal permit management plan. (such as a permit from the U.S. Army Such activities could include, but are not limited to, release of excess Among other things, each INRMP Corps of Engineers under section 404 of must, to the extent appropriate and the Clean Water Act (33 U.S.C. 1251 et nutrients or heated effluents into the surface water or connected groundwater applicable, provide for fish and wildlife seq.) or a permit under section 10 of the management; fish and wildlife habitat Act from the Service) or involving some at a point source or by dispersed release (nonpoint). enhancement or modification; wetland other Federal action (such as funding protection, enhancement, and from the Federal Highway (3) Actions that would significantly restoration where necessary to support Administration, Federal Aviation increase sediment deposition within the fish and wildlife; and enforcement of Administration, or the Federal stream channel to a degree that applicable natural resource laws. Emergency Management Agency) will appreciably reduces the value of the The National Defense Authorization also be subject to the section 7(a)(2) critical habitat for both the long-term Act for Fiscal Year 2004 (Pub. L. 108- consultation process. Federal actions survival and recovery of the species. 136) amended the Act to limit areas not affecting listed species or critical Such activities could include, but are eligible for designation as critical habitat, and actions on State, Tribal, not limited to, excessive sedimentation habitat. Specifically, section 4(a)(3)(B)(i) local, or private lands that are not from livestock grazing; road of the Act (16 U.S.C. 1533(a)(3)(B)(i)) federally funded, authorized, or construction; timber harvest; off-road now provides: ‘‘The Secretary shall not permitted, do not require section 7(a)(2) vehicle use; residential, commercial, designate as critical habitat any lands or consultations. and industrial development; and other other geographical areas owned or Application of the ‘‘Adverse watershed and floodplain disturbances. controlled by the Department of Modification’’ Standard (4) Actions that would significantly Defense, or designated for its use, that are subject to an integrated natural The key factor related to the adverse alter channel morphology or geometry resources management plan prepared modification determination is whether, to a degree that appreciably reduces the under section 101 of the Sikes Act (16 with implementation of the proposed value of the critical habitat for both the U.S.C. 670a), if the Secretary determines Federal action, the affected critical long-term survival and recovery of the in writing that such plan provides a habitat would continue to serve its species. Such activities could include, benefit to the species for which critical intended conservation role for the but are not limited to, channelization, habitat is proposed for designation.’’ species, or would retain its current impoundment, road and bridge There are no Department of Defense ability for the physical and biological construction, mining and other removal lands with a completed INRMP within features to be functionally established. of substrate, and destruction of riparian the proposed critical habitat Activities that may destroy or adversely vegetation. designation. modify critical habitat are those that (5) Actions that would introduce, alter the physical and biological features spread, or augment nonnative aquatic Exclusions to an extent that appreciably reduces the species into critical habitat to a degree Application of Section 4(b)(2) of the Act conservation value of critical habitat for that appreciably reduces the value of the the Santa Ana sucker. critical habitat for both the long-term Section 4(b)(2) of the Act states that Section 4(b)(8) of the Act requires us survival and recovery of the species. the Secretary must designate and revise to briefly evaluate and describe in any Such activities could include, but are critical habitat on the basis of the best proposed or final regulation that not limited to, stocking for sport, available scientific data after taking into designates critical habitat those biological control, or other purposes; consideration the economic impact, activities involving a Federal action that aquaculture; and construction and national security impact, and any other may destroy or adversely modify such operation of canals. relevant impact of specifying any

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particular area as critical habitat. The the essential physical and biological into conservation agreements, based on Secretary may exclude an area from features; whether there is a reasonable a view that we can achieve greater critical habitat if he determines that the expectation that the conservation species conservation through such benefits of such exclusion outweigh the management strategies and actions partnerships than we can through benefits of specifying such area as part contained in a conservation plan will be regulatory methods (61 FR 63854, of the critical habitat, unless he implemented into the future; whether December 2, 1996). determines, based on the best scientific the conservation strategies in the plan Addition of a new regulatory data available, that the failure to are likely to be effective; and whether requirement would remove a significant designate such area as critical habitat the plan contains a monitoring program incentive for undertaking the time and will result in the extinction of the or adaptive management to ensure that expense of conservation planning. In species. In making that determination, the conservation measures are effective fact, designating critical habitat in areas the legislative history is clear that the and can be adapted in the future in covered by an HCP or other Secretary has broad discretion regarding response to new information. conservation plan could result in the which factor(s) to use and how much After evaluating the benefits of loss of some species’ benefits if weight to give to any factor. inclusion and the benefits of exclusion, participants abandon the planning In considering whether to exclude a we carefully weigh the two sides to process, in part because of the strength particular area from the designation, we determine whether the benefits of of the perceived additional regulatory must identify the benefits of including exclusion outweigh those of inclusion. compliance that such a designation the area in the designation, identify the If we determine that they do, we then would entail. The time and cost of benefits of excluding the area from the determine whether exclusion would regulatory compliance for a critical designation, and determine whether the result in extinction. If exclusion of an habitat designation do not have to be benefits of exclusion outweigh the area from critical habitat will result in quantified for them to be perceived as benefits of inclusion. If based on this extinction, we will not exclude it from an additional Federal regulatory burden analysis, we make this determination, the designation. sufficient to discourage continued then we can exclude the area only if participation in developing plans Conservation Plans—Exclusions Under such exclusion would not result in the targeting listed species’ conservation. Section 4(b)(2) of the Act extinction of the species. A related benefit of excluding lands When considering the benefits of The benefits of excluding lands covered by approved HCPs or inclusion for an area, we consider the covered by conservation plans from conservation plans from critical habitat additional regulatory benefits that area critical habitat designation include designation is the unhindered, would receive from the protection from relieving non-Federal parties of any continued ability it gives us to seek new adverse modification or destruction as a additional regulatory burden that might partnerships with future plan result of actions with a Federal nexus; be imposed by critical habitat. Many participants, including States, counties, the educational benefits of mapping HCPs and conservation plans take years local jurisdictions, conservation essential habitat for recovery of the to develop, and upon completion, are organizations, and private landowners, listed species; and any benefits that may consistent with recovery objectives for which together can implement result from a designation due to State or listed species that are covered within conservation actions that we would be Federal laws that may apply to critical the plan area. Many conservation plans unable to accomplish otherwise. habitat. also provide conservation benefits to We also note that all Federal actions When considering the benefits of unlisted sensitive species. Imposing an that may affect listed species, including exclusion, we consider, among other additional regulatory review as a result those covered by an Federally-approved things, whether exclusion of a specific of the designation of critical habitat may conservation plan require consultation area is likely to result in conservation; undermine conservation (Wilcove and under section 7(a)(2) of the Act, which the continuation, strengthening, or Chen 1998; p. 1407; Crouse et al. 2002; would include a review of the effects of encouragement of partnerships; and p. 720; James 2002, p. 271). Building all activities that might adversely implementation of a management plan partnerships and promoting voluntary impact the species under a jeopardy that provides equal to or more cooperation of landowners and other standard, including possibly significant conservation than a critical habitat non-Federal parties are essential to habitat modification (see definition of designation would provide. understanding the status of species on ‘‘harm’’ at 50 CFR 17.3), even without In the case of the Santa Ana sucker, non-Federal lands, and are necessary to the critical habitat designation. the benefits of critical habitat include implement recovery actions such as The information provided in the public awareness of the Santa Ana reintroduction listed species, habitat previous section applies to the sucker and the features and specific restoration, and habitat protections. following discussions of the specific areas essential to its conservation and in Many landowners and other non- area the Secretary is considering for cases where a Federal nexus exists, Federal parties derive satisfaction from exclusion under section (4)(b)(2) of the increased habitat protection for the contributing to endangered species Act. The Secretary is considering Santa Ana sucker due to the protection recovery. We promote those private exercising his discretion to exclude from adverse modification or sector efforts through the Department of lands covered by the Santa Ana Sucker destruction of critical habitat. In the Interior’s Cooperative Conservation Conservation Program from the final practice, a Federal nexus exists philosophy. Conservation agreements designation of critical habitat for the primarily on Federal lands or for with non-Federal parties (safe harbor Santa Ana Sucker. Portions of the projects undertaken or requiring agreements, other conservation proposed critical habitat warrant authorization by a Federal agency. agreements, easements, and State and consideration for exclusion from the When we evaluate the existence of a local regulations) enhance species proposed designation under section conservation plan when considering the conservation by extending species 4(b)(2) of the Act based on the benefits of exclusion, we consider a protections beyond those available partnerships, management, and variety of factors, including but not through section 7 consultations. In the protection afforded by this program. In limited to, whether the plan is finalized; past decade, we encouraged non-Federal this proposed revised rule, we are how it provides for the conservation of landowners and other parties to enter seeking input from the public as to

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whether or not the Secretary should Development Management Department, implementation of the SAS exclude this area from the final revised and Orange County Sanitation District. Conservation Program is under review critical habitat designation. (Please see Actions undertaken by the Riverside by the ACOE and will also be the the Public Comments section of this County Transportation Department and subject of a future Section 7 proposed rule for instructions on how to facilities and parcels under the consultation between ACOE and the submit comments). Below is a brief jurisdiction of the Riverside County Service. We will issue a biological description of the Santa Ana Sucker Flood Control and Water Conservation opinion on the application prior to a Conservation Program and the lands District and the City of Riverside decision by the ACOE. proposed as critical habitat that are Regional Water Quality Control Plant While waiting for approvals and addressed by this program. occur within the areas addressed by the permits, the participants (local Program. These areas also include a stakeholders on the team) have Santa Ana Sucker Conservation Program small amount of Public-Quasi-Public implemented several actions under the We are considering exclusion of all (PQP) lands within the Western SAS Conservation Program, including lands in Subunit 1B (4,704 ac (1,903 Riverside County Multiple-Species funding the following: ha)) and Subunit 1C (767 ac (311 ha)) Habitat Conservation Plan (Western (1) A comparative study on fish health under the Santa Ana Sucker Riverside County MSHCP) Planning and water quality within the Santa Ana Conservation Program (SAS Area. Riverside County participation in and San Gabriel Rivers (Saiki 2000); Conservation Program) from the final the SAS Conservation Program preceded (2) a study of sucker distribution, revised critical habitat designation the development of the MSHCP. Actions movement, spawning, and impacts from under section 4(b)(2) of the Act. The undertaken by these Participants are not nonnative predators within the Santa SAS Conservation Program considered Covered Activities in the Ana River (Swift 2001); encompasses the Santa Ana River and Western Riverside County MSHCP and (3) a study of wastewater treatment the lower reaches of its tributaries incidental take authorization for the facility operational discharge regimes on extending generally from Tippecanoe Santa Ana sucker that could occur on the Santa Ana sucker (Allen 2003); and Avenue in San Bernardino County to these PQP lands is explicitly excluded (4) a video to educate staff and Chapman Avenue in Orange County; a under the Western Riverside County contractors working for participating distance of approximately 31 mi (48.3 MSHCP. Therefore, although this agencies about the sucker and its km) in San Bernardino, Riverside, and proposed exclusion includes some PQP conservation. Orange Counties [Subunits 1B and 1C] lands within the Western Riverside Since 2000, the participants have also (Santa Ana Watershed Project Authority County MSHCP Planning Area, we are funded annual demographic monitoring 2008, pp. 13–18). The SAS Conservation not proposing to exclude these PQP of the Santa Ana sucker at three Program was developed over a 10–year lands based upon participation in the locations within the Santa Ana River; period, and is the result of a MSHCP. Instead, we are considering and, more-recently, have conducted an multiagency partnership of Federal, exclusion of these PQP lands under the annual assessment of habitat conditions State, and local government agencies, SAS Conservation Program. within the Santa Ana River. The and the private sector that encourages a The SAS Conservation Program is participants also recently completed an riverwide approach to conservation of intended to conserve the Santa Ana assessment of streams within the the Santa Ana sucker. sucker and protect its habitat through: historical range of the Santa Ana sucker (1) implementation of a systematic This SAS Conservation Program and other native fishes within and approach to conducting routine partnership is intended to: (1) increase outside of the program area to identify operations and facilities maintenance the knowledge base to implement areas for possible restoration and are within the program area; recovery strategies for the sucker in the (2) education and outreach; now focusing efforts on developing a Santa Ana River; (2) ensure that each (3) conducting annual surveys within habitat restoration program to include participating agency minimizes, to the the program area to monitor the status restoration of the mainstem of the Santa extent possible, effects to the sucker and of the sucker and conducting a Ana River and its tributaries both within its habitat from routine activities that quantitative assessment of habitat and outside of the program area (OCWD occur within their jurisdiction in the conditions within the program area; 2009, p. 1-1). In 2009, the participants Santa Ana River; and (3) develop (4) conducting surveys for sucker proposed two habitat restoration restoration techniques for degraded prior to undertaking routine operations projects in the Santa Ana River to habitat. Partners in the SAS and maintenance; restore habitat for the Santa Ana sucker Conservation Program, called the Santa (5) funding research actions to and are waiting for required approvals Ana Sucker Conservation Team (Team), increase understanding of sucker from State and Federal regulatory include the U.S. Army Corps of biology; and agencies. Engineers (ACOE), the Service, CDFG, (6) developing and implementing The Santa Ana sucker is threatened the State Regional Water Quality habitat restoration activities that benefit primarily by loss of habitat types Control Board (Santa Ana Region), the the Santa Ana sucker. necessary to support all life-stages; Santa Ana Watershed Project Authority, The SAS Conservation Program is lower water quality and turbidity as a and the following participating agencies administered by the Santa Ana result of excess nutrient loads and in- (Participants): San Bernardino County Watershed Project Authority. Activities stream ground disturbances; crushing Flood Control District, City of San undertaken by participants are subject from recreational OHV use; and the Bernardino Municipal Water to the regulatory authority of the ACOE effects of predation by nonnative fish Department, Riverside County Flood under the Clean Water Act, 33 USC § within the program area (Santa Ana Control and Water Conservation 1251 et seq., as amended (1987). The Watershed Project Authority 2008; District, Riverside County Clean Water Act section 404 application OCWD 2009, p. 89). Implementation of Transportation Department, City of submitted by the agencies participating the SAS Conservation Program is Riverside Regional Water Quality in the SAS Conservation Program for intended to remove and reduce threats Control Plant, Orange County Water operation and maintenance activities to this species and the features essential District, Orange County Resources and proposed in the Santa Ana River and for to its conservation by:

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(1) ensuring that routine maintenance in Unit 1 for inclusion or exclusion (see period 2004-2024) were $30.5 million and operational procedures are Public Comments section above). assuming a 3 percent discount rate and conducted in a manner that eliminates Economic Analysis $21.8 million with a 7 percent discount or reduces impacts to the Santa Ana rate. Based on the 2004 economic sucker; In compliance with section 4(b)(2) of analysis, we concluded that the (2) establishing vehicle crossings in the Act, we are preparing a new analysis designation of critical habitat for the of the economic impacts of this the river that will not only reduce Santa Ana sucker, as proposed in 2004, proposed revision to critical habitat for impacts from in-stream vehicles by SAS would not result in significant small the Santa Ana Sucker, to evaluate the Conservation Program participants, but business impacts. This analysis is will also direct recreational OHV use potential economic impact of the proposed revised designation. We will presented in the notice of availability towards less-sensitive areas; for the economic analysis published in (3) ensuring that wastewater treatment announce the availability of the draft economic analysis as soon as it is the Federal Register on October 1, 2004 facilities’ operational parameters (69 FR 58876). maintain surface flows for the Santa completed, at which time we will seek Ana sucker; and public review and comment. At that The prior draft economic analysis (4) conducting habitat restoration and time, copies of the draft economic included costs coextensive costs with analysis will be available for predator removal. As outlined above, we the listing of the species, in other words downloading from the Internet at http:// believe that habitat restoration and costs attributable to the listing of the www.regulations.gov, at Docket No. management of Santa Ana sucker species as well as costs attributable to FWS–R8–ES–2009–0072, or by habitat in the Santa Ana River system the designation of critical habitat. The contacting the Carlsbad Fish and under the SAS Conservation Program new analysis will analyze the specific Wildlife Office directly (see FOR will contribute to conservation and costs attributable to designating all areas FURTHER INFORMATION CONTACT section). ultimate recovery of this species. proposed in this proposed revised rule During the development of the final In summary, we believe that the revised designation, we will consider as critical habitat. proactive management strategies and economic impacts, public comments, Peer Review research and restoration activities, and other new information. We will also including current activities and those consider areas, including those In accordance with our joint policy on proposed for future implementation, identified for potential exclusion, which peer review published in the Federal under the SAS Conservation Program may be excluded from the final critical Register on July 1, 1994 (59 FR 34270), will benefit this species and help to habitat designation under section 4(b)(2) we are soliciting the expert opinions of conserve and enhance the physical and of the Act and our implementing at least three appropriate independent biological features essential to its regulations at 50 CFR § 424.19. specialists regarding this proposed rule. conservation on public and private An analysis of the economic impacts The purpose of peer review is to ensure lands under the jurisdiction of the SAS for the previous proposed critical that our critical habitat designation is Conservation Program. Therefore, the habitat designation was conducted and Secretary is considering exercising his based on scientifically sound data, made available to the public for 10 days assumptions, and analyses. We have discretion under section 4(b)(2) of the beginning on October 1, 2004 (69 FR invited these peer reviewers to comment Act to exclude of all Santa Ana sucker 58876). We published another notice in during this public comment period on habitat in Subunit 1B (4,705 ac (1,904 the Federal Register on October 25, ha)) and Subunit 1C (767 ac (310 ha)) 2004 (69 FR 62238), reopening a 30–day our specific assumptions and from the final revised critical habitat comment period on the draft economic conclusions in this proposed revised designation because of the conservation analysis and the proposed designation. designation of critical habitat. We will benefits afforded to the Santa Ana That economic analysis was finalized consider all comments and information sucker habitat under the SAS for the final rule to designate critical we receive during this comment period Conservation Program. habitat for the Santa Ana sucker on this proposed rule during our The 2000 final listing rule for the published in the Federal Register on preparation of a final determination. Santa Ana sucker identified the January 4, 2005 (70 FR 426). Accordingly, our final decision may following primary threats to the Santa The analysis determined that the costs differ from this proposal. Ana sucker: potential habitat associated with critical habitat for the destruction, natural and human-induced Santa Ana sucker, across the entire area Public Hearings changes in stream flows, urban considered for designation (across Section 4(b)(5) of the Act provides for development and related land-use designated and excluded areas), were one or more public hearings on this practices, intensive recreation, primarily a result of the potential effect proposal, if we receive any requests for introduction of nonnative competitors of critical habitat on transportation (49 hearings. We must receive your request and predators, and demographics percent of the annual costs and overall for a public hearing by the date shown associated with small population sizes. prospective costs), and to a lesser extent The implementation of the SAS water supply, flood control activities, under DATES. Send your request to Jim Conservation Program would help to and residential and commercial Bartel, Field Supervisor of the Carlsbad address these threats through a development. The economic analysis Fish and Wildlife Office (see FOR coordinated regional planning effort that determined that retrospective costs FURTHER INFORMATION CONTACT section). incorporates specific research and (costs since listing, 1999-2004) total $4.2 We will schedule public hearings on conservation measures. for the Santa million, with transportation comprising this proposal, if any are requested, and Ana sucker and its habitat. We will $3.4 million of these costs. The announce the dates, times, and places of analyze the benefits of inclusion and remainder of retrospective costs was those hearings, as well as how to obtain exclusion of this area from critical split among OHV recreation, flood reasonable accommodations, in the habitat under section 4(b)(2) of the Act. control agencies, and Federal agencies. Federal Register and local newspapers We encourage any public comment in Total prospective costs of the 2004 at least 15 days before the first hearing. relation to our consideration of the areas proposed rule (costs for the 20–year

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Required Determinations water supply, flood control activities, intergovernmental mandates’’ and and residential and commercial ‘‘Federal private sector mandates.’’ Regulatory Planning and Review – development. Total prospective costs of These terms are defined in 2 U.S.C. Executive Order 12866 all conservation actions related to Santa 658(5) – (7). ‘‘Federal intergovernmental The Office of Management and Budget Ana Sucker within the areas in the 2004 mandate’’ includes a regulation that (OMB) has determined that this rule is proposed rule (costs for the 20–year ‘‘would impose an enforceable duty not significant and has not reviewed period 2004-2024) were $30.5 million upon State, local, or [T]ribal this proposed rule under Executive assuming a 3 percent discount rate and governments,’’ with two exceptions. It Order 12866 (E.O. 12866). OMB bases $21.8 million with a 7 percent discount excludes ‘‘a condition of Federal its determination upon the following rate. Based on the 2004 economic assistance.’’ It also excludes ‘‘a duty four criteria: analysis, we concluded that the arising from participation in a voluntary (1) Whether the rule will have an designation of critical habitat for the Federal program,’’ unless the regulation annual effect of $100 million or more on Santa Ana sucker, as proposed in 2004, ‘‘relates to a then-existing Federal the economy or adversely affect an would not result in significant small program under which $500,000,000 or economic sector, productivity, jobs, the business impacts. This analysis is more is provided annually to State, environment, or other units of the presented in the notice of availability local, and [T]ribal governments under government; for the economic analysis as published entitlement authority,’’ if the provision (2) Whether the rule will create in the Federal Register on October 1, would ‘‘increase the stringency of inconsistencies with other Federal 2004 (69 FR 58876). conditions of assistance’’ or ‘‘place caps agencies’ actions; While we do not believe our revised upon, or otherwise decrease, the Federal (3) Whether the rule will materially designation, as proposed, will result in Government’s responsibility to provide affect entitlements, grants, user fees, a significant impact on a substantial funding,’’ and the State, local, or Tribal loan programs, or the rights and number of small business entities based governments ‘‘lack authority’’ to adjust obligations of their recipients; and on the previous designation, we are accordingly. At the time of enactment, (4) Whether the rule raises novel legal initiating a new analysis to more these entitlement programs were: or policy issues. thoroughly evaluate potential economic Medicaid; AFDC work programs; Child Regulatory Flexibility Act (5 U.S.C. 601 impacts of this revision to critical Nutrition; Food Stamps; Social Services et seq.) habitat. Therefore, we defer the RFA Block Grants; Vocational Rehabilitation finding until completion of the draft State Grants; Foster Care, Adoption Under the Regulatory Flexibility Act economic analysis prepared under Assistance, and Independent Living; (RFA; 5 U.S.C. 601 et seq., as amended section 4(b)(2) of the Act and E.O. Family Support Welfare Services; and by the Small Business Regulatory 12866. The draft economic analysis will Child Support Enforcement. ‘‘Federal Enforcement Fairness Act (SBREFA) of provide the required factual basis for the private sector mandate’’ includes a 1996), whenever an agency must RFA finding. Upon completion of the regulation that ‘‘would impose an publish a notice of rulemaking for any draft economic analysis, we will enforceable duty upon the private proposed or final rule, it must prepare announce its availability in the Federal sector, except (i) a condition of Federal and make available for public comment Register and reopen the public assistance or (ii) a duty arising from a regulatory flexibility analysis that comment period for the proposed participation in a voluntary Federal describes the effect of the rule on small designation. We will include with this program.’’ entities (i.e., small businesses, small announcement, as appropriate, an initial The designation of critical habitat organizations, and small government regulatory flexibility analysis or a does not impose a legally binding duty jurisdictions). However, no regulatory certification that the rule will not have on non-Federal Government entities or flexibility analysis is required if the a significant economic impact on a private parties. Under the Act, the only head of an agency certifies the rule will substantial number of small entities regulatory effect is that Federal agencies not have a significant economic impact accompanied by the factual basis for must ensure that their actions do not on a substantial number of small that determination. We concluded that destroy or adversely modify critical entities. SBREFA amended the RFA to deferring the RFA finding until habitat under section 7. While non- require Federal agencies to provide a completion of the draft economic Federal entities that receive Federal statement of factual basis for certifying analysis is necessary to meet the funding, assistance, or permits, or that the rule will not have a significant purposes and requirements of the RFA. otherwise require approval or economic impact on a substantial Deferring the RFA finding in this authorization from a Federal agency for number of small entities. manner will ensure that we make a an action may be indirectly impacted by An analysis of the economic impacts sufficiently informed determination the designation of critical habitat, the for our previous proposed critical based on adequate economic legally binding duty to avoid habitat designation was conducted and information and provide the necessary destruction or adverse modification of made available to the public on October opportunity for public comment. critical habitat rests squarely on the 1, 2004 (69 FR 58876) and October 25, Federal agency. Furthermore, to the 2004 (69 FR 62238). This economic Unfunded Mandates Reform Act (2 extent that non-Federal entities are analysis was finalized for the final rule U.S.C. 1501 et seq.) indirectly impacted because they to designate critical habitat for the Santa In accordance with the Unfunded receive Federal assistance or participate Ana sucker as published in the Federal Mandates Reform Act, we make the in a voluntary Federal aid program, the Register on January 4, 2005 (70 FR 426). following findings: Unfunded Mandates Reform Act would The costs associated with critical habitat (1) This rule will not produce a not apply, nor would critical habitat for the Santa Ana sucker, across the Federal mandate. In general, a Federal shift the costs of the large entitlement entire area considered for designation mandate is a provision in legislation, programs listed above onto State (across designated and excluded areas), statute, or regulation that would impose governments. were primarily a result of the potential an enforceable duty upon State, local, or (2) Based in part on an analysis effect of critical habitat on Tribal governments, or the private conducted for the previous designation transportation, and to a lesser extent sector, and includes both ‘‘Federal of critical habitat and extrapolated to

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this designation, we do not expect this legally binding duty to avoid (4) Be divided into short sections and rule to significantly or uniquely affect destruction or adverse modification of sentences; and small governments. Small governments critical habitat rests squarely on the (5) Use lists and tables wherever will be affected only to the extent that Federal agency. possible. any programs having Federal funds, If you feel that we have not met these Civil Justice Reform – Executive Order permits, or other authorized activities requirements, send us comments by one must ensure that their actions will not 12988 of the methods listed in the ADDRESSES adversely affect the critical habitat. In accordance with Executive Order section. To better help us revise the Therefore, a Small Government Agency 12988 (Civil Justice Reform), it has been rule, your comments should be as Plan is not required. However, as we determined that the rule does not specific as possible. For example, you conduct our economic analysis for the unduly burden the judicial system and should tell us the numbers of the revised rule, we will further evaluate that it meets the requirements of sections or paragraphs that are unclearly this issue and revise this assessment if sections 3(a) and 3(b)(2) of the Order. written, which sections or sentences are appropriate. We have proposed to revise critical too long, the sections where you feel habitat in accordance with the lists or tables would be useful. Takings – Executive Order 12630 provisions of the Act. This proposed Government-to-Government In accordance with E.O. 12630 rule uses standard property descriptions Relationship with Tribes (Government Actions and Interference and identifies the physical and with Constitutionally Protected Private biological features within the designated In accordance with the President’s Property Rights), we have analyzed the areas to assist the public in memorandum of April 29, 1994, potential takings implications of understanding the habitat needs of the Government-to-Government Relations designating critical habitat for the Santa Santa Ana sucker. with Native American Tribal Ana sucker in a takings implications Governments (59 FR 22951), E.O. 13175, assessment. The takings implications Paperwork Reduction Act of 1995 (44 and the Department of the Interior’s assessment concludes that this U.S.C. 3501 et seq.) manual at 512 DM 2, we have a designation of critical habitat for the This rule does not contain any new responsibility to communicate Santa Ana sucker does not pose collections of information that require meaningfully with recognized Federal significant takings implications for approval by OMB under the Paperwork Tribes on a government-to-government lands within or affected by the Reduction Act of 1995 (44 U.S.C. 3501 basis. In accordance with Secretarial designation. et seq.). This rule will not impose Order 3206 of June 5, 1997 (American Indian Tribal Rights, Federal-Tribal Federalism – Executive Order 13132 recordkeeping or reporting requirements on State or local governments, Trust Responsibilities, and the In accordance with E.O. 13132 individuals, businesses, or Endangered Species Act), we readily (Federalism), this proposed rule does organizations. An agency may not acknowledge our responsibilities to not have significant Federalism effects. conduct or sponsor, and a person is not work directly with Tribes in developing A Federalism assessment is not required to respond to, a collection of programs for healthy ecosystems, to required. In keeping with Department of information unless it displays a acknowledge that tribal lands are not the Interior and Department of currently valid OMB control number. subject to the same controls as Federal Commerce policy, we requested public lands, to remain sensitive to information from, and coordinated National Environmental Policy Act Indian culture, and to make information development of this proposed critical (NEPA) (42 U.S.C. 4321 et seq.) available to Tribes. habitat designation with, appropriate It is our position that, outside the We determined that there are no tribal State resource agencies in California. jurisdiction of the U.S. Court of Appeals lands occupied at the time of listing that The designation may have some benefit for the Tenth Circuit, we do not need to contain the features essential for the to these governments because the areas prepare environmental analyses as conservation of the species, nor are that contain the features essential to the defined by NEPA (42 U.S.C. 4321 et there any unoccupied tribal lands that conservation of the species are more seq.) in connection with designating are essential for the conservation of the clearly defined, and the physical and critical habitat under the Act. We Santa Ana sucker. Therefore, critical biological features of the habitat published a notice outlining our reasons habitat for the Santa Ana sucker is not necessary to the conservation of the for this determination in the Federal being proposed on tribal lands. We will species are specifically identified. This Register on October 25, 1983 (48 FR continue to coordinate with Tribal information does not alter where and 49244). This position was upheld by the governments as applicable during the what federally sponsored activities may U.S. Court of Appeals for the Ninth designation process. occur. However, it may assist these local Circuit (Douglas County v. Babbitt, 48 governments in long-range planning Energy Supply, Distribution, or Use – F.3d 1495 (9th Cir. 1995), cert. denied Executive Order 13211 (because these local governments no 516 U.S. 1042 (1996)). longer have to wait for case-by-case On May 18, 2001, the President issued section 7 consultations to occur). Clarity of the Rule an Executive Order (E.O. 13211; Actions Where State and local governments We are required by Executive Orders Significantly Affect Energy Supply, require approval or authorization from a 12866 and 12988 and by the Distribution, or Use) on regulations that Federal agency for actions that may Presidential Memorandum of June 1, significantly affect energy supply, affect critical habitat, consultation 1998, to write all rules in plain distribution, and use. E.O. 13211 under section 7(a)(2) would be required. language. This means that each rule we requires agencies to prepare Statements While non-Federal entities that receive publish must: of Energy Effects when undertaking Federal funding, assistance, or permits, (1) Be logically organized; certain actions. Based on an analysis or that otherwise require approval or (2) Use the active voice to address conducted for the previous designation authorization from a Federal agency for readers directly; of critical habitat and extrapolated to an action, may be indirectly impacted (3) Use clear language rather than this designation, along with a further by the designation of critical habitat, the jargon; analysis of the additional areas included

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in this revision, we determined that this Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (v) Water temperatures less than 30 °C proposed rule to designate critical 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (86 °F); and 625, 100 Stat. 3500; unless otherwise noted. habitat for the Santa Ana sucker is not (vi) In-stream habitat that includes expected to significantly affect energy 2. In § 17.95(e), revise the entry for food sources (such as zooplankton, supplies, distribution, or use. Therefore, ‘‘Santa Ana sucker (Catostomus phytoplankton, and aquatic this action is not a significant energy santaanae)’’ to read as follows: invertebrates), and associated vegetation action, and no Statement of Energy § 17.95 Critical habitat—fish and such as aquatic emergent vegetation and Effects is required. However, we will wildlife. further evaluate this issue as we adjacent riparian vegetation to: (A) * * * * * reduce water temperature when ambient conduct our economic analysis, and we (e) Fishes. will review and revise this assessment temperatures are high; (B) provide * * * * * as warranted. shelter; and (C) provide protective cover Santa Ana sucker (Catostomus from predators; and References Cited santaanae) (vii) Areas within perennial stream (1) Critical habitat units are depicted A complete list of all references cited courses that may be periodically in this rulemaking is available on http:// for Los Angeles, Orange, Riverside, and San Bernardino Counties, California, on dewatered, but that serve as connective wwww.regulations.gov and upon request corridors between occupied or from the Field Supervisor, Carlsbad Fish the maps below. seasonally occupied habitat and through and Wildlife Office (see FOR FURTHER (2) Within these areas, the physical which the species may move when the INFORMATION CONTACT section). and biological features for the Santa Ana sucker are as follows: habitat is wetted. Author(s) (i) A functioning hydrological system (3) Critical habitat does not include The primary author of this notice is within the historical geographic range of manmade structures existing on the the staff from the Carlsbad Fish and the Santa Ana sucker that experiences effective date of this rule and not Wildlife Office (see FOR FURTHER peaks and ebbs in the water volume containing one of more of the physical INFORMATION CONTACT section). (either naturally or regulated) necessary and biological features, such as List of Subjects in 50 CFR Part 17 to maintain all life stages of the species buildings, aqueducts, airports, and in the riverine environment, including roads, and the land on which such Endangered and threatened species, breeding site selection, resting, larval structures are located. Exports, Imports, Reporting and development, and protection in cool- (4) Critical habitat map units. Data recordkeeping requirements, water refuges (i.e., tributaries); layers defining map units were created Transportation. (ii) Stream channel substrate using a base of U.S. Geological Survey consisting of a mosaic of loose sand, Proposed Regulation Promulgation 7.5’ quadrangle maps. Critical habitat gravel, cobble, and boulder substrates in units were then mapped using Universal Accordingly, we propose to amend a series of riffles, runs, pools, and part 17, subchapter B of chapter I, title shallow sandy stream margins; Transverse Mercator (UTM) zone 11, 50 of the Code of Federal Regulations, (iii) Water depths greater than 3 cm North American Datum (NAD) 1983 as set forth below: (1.2 in) and bottom water velocities coordinates. greater than 0.03 m per second (0.01 ft (5) Note: Index map of critical habitat PART 17—[AMENDED] per second); units for the Santa Ana sucker 1. The authority citation for part 17 (iv) Clear or only occasionally turbid (Catostomus santaanae) follows: continues to read as follows: water; BILLING CODE 4310–55–S

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(6) Unit 1: Santa Ana River, Orange, (i) Subunit 1A: Upper Santa Ana (A) [Reserved for textual description Riverside, and San Bernardino Counties, River and Wash, San Bernardino of Subunit 1A.] California. County. (B) Map of Subunit 1A (Upper Santa Ana River and Wash) follows:

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(ii) Subunit 1B: Santa Ana River, (A) [Reserved for textual description (B) Map of Subunit 1B: (Santa Ana Riverside and San Bernardino Counties. of Subunit 1B.] River) follows:

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(iii) Subunit 1C: Lower Santa Ana (A) [Reserved for textual description (B) Map of Subunit 1C (Lower Santa River, Orange and Riverside Counties. of Subunit 1C.] Ana River) follows:

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(7) Unit 2: San Gabriel River, Los (i) [Reserved for textual description of (ii) Map of Unit 2 (San Gabriel River) Angeles County, California. Unit 2.] follows:

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(8) Unit 3: Big Tujunga Wash, Los (B) Map of Subunit 3A (Big Tujunga (A) [Reserved for textual description Angeles County, California. Wash) appears in paragraph (8)(ii)(B) of of Subunit 3B.] (i) Subunit 3A: Big Tujunga Wash. this entry. (B) Map of Unit 3 (Big Tujunga Wash) (A) [Reserved for textual description (ii) Subunit 3B: Gold Canyon, Delta follows: of Subunit 3A.] Canyon, and Stone Canyon Creeks.

* * * * * Dated: November 21, 2009. Thomas L. Strickland, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E9–29024 Filed 12–8–09; 8:45 am] BILLING CODE 4310–55–C

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