Tuesday, September 24, 2002 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Critical Habitat Designation for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Proposed Rule VerDate Sep<04>2002 17:14 Sep 23, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24SEP2.SGM 24SEP2 59884 Federal Register / Vol. 67, No. 185 / Tuesday, September 24, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR If this proposed rule is made final, swales (shallow drainages that carry section 7 of the Act would prohibit water seasonally), and ephemeral Fish and Wildlife Service destruction or adverse modification of freshwater habitats. None are known to critical habitat by any activity funded, occur in riverine waters, marine waters, 50 CFR Part 17 authorized, or carried out by any or other permanent bodies of water. The RIN 1018–AI26 Federal agency. Section 4 of the Act vernal pool habitats of the four vernal requires us to consider economic and pool crustaceans and eleven plants Endangered and Threatened Wildlife other impacts of specifying any addressed in this proposed rule have a and Plants; Critical Habitat particular area as critical habitat. discontinuous distribution west of the Designation for Four Vernal Pool We solicit data and comments from Sierra Nevada that extends from Crustaceans and Eleven Vernal Pool the public on all aspects of this southern Oregon through California into Plants in California and Southern proposal, including data on the northern Baja California, Mexico Oregon economic and other impacts of the (Holland and Jain 1978, 1988, Eriksen designation. We may revise or further and Belk 1999). AGENCY: Fish and Wildlife Service, refine critical habitat boundaries prior Interior. Vernal pools are a unique kind of to final designation based on habitat and wetland ecosystem. Central to their ACTION: Proposed rule. additional plant and animal surveys, distinctive ecology is the fact that they SUMMARY: We, the Fish and Wildlife public comments on the proposed are vernal or ephemeral, occurring Service (Service), propose designation critical habitat rule, the completion and temporarily—typically during the of critical habitat for 4 vernal pool approval of Habitat Conservation Plans spring—and then disappearing until the crustaceans and 11 vernal pool plants (HCPs), and new scientific and next year. They are wet long enough to with a total area being proposed of commercial information, and data be different in character and species approximately 672,920 hectares (ha) concerning potential economic impacts composition from the surrounding (1,662,762 acres (ac)). The proposed from the proposed designation. upland habitats, and yet their prolonged designation of critical habitat is for DATES: We will accept comments from annual dry phase prevents the Conservancy fairy shrimp (Branchinecta all interested parties until November 25, establishment of species typical of more conservatio) 165,820 ha (409,735 ac), 2002. Public hearing requests must be permanent wetlands. In California, longhorn fairy shrimp (Branchinecta received by November 8, 2002. where extensive areas of vernal pool longiantenna) 40,605 ha (100,333 ac), ADDRESSES: If you wish to comment, habitat developed over long periods of vernal pool fairy shrimp (Branchinecta you may submit your comments and time, unique suites of species specially lynchi) 457,556 ha (1,130,605 ac), and materials concerning this proposal by adapted to the unusual conditions of vernal pool tadpole shrimp (Lepidurus any one of several methods. vernal pools have evolved. Fish and packardi) 291,370 ha (719,965 ac) 1. You may mail written comments other predators are among the species (collectively referred to as ‘‘vernal pool and information to the Field Supervisor, excluded by vernal pools’ annual crustaceans’’ in the remainder of this Sacramento Fish and Wildlife Office, drying, so vernal pool communities document), and Butte County U.S. Fish and Wildlife Service, 2800 have developed and flourished in the meadowfoam (Limnanthes floccosa ssp. Cottage Way, Room W–2605, absence of many predators. California californica) 16,320 ha (40,326 ac), Sacramento, CA 95825. vernal pools are also renowned for their Contra Costa goldfields (Lasthenia 2. You may hand deliver written showy displays of wildflowers, conjugens) 14,499 ha (38,297 ac), comments to our Sacramento Fish and blooming in concentric rings about the Hoover’s spurge (Chamaesyce hooveri) Wildlife Office at the address given pools in spring. Centres of Plant 81,744 ha (201,987 ac), succulent (or above. Diversity, a project of the World Wide fleshy) owl’s-clover (Castilleja 3. You may send comments by Fund for Nature (WWF) and IUCN—The campestris ssp. succulenta) 125,217 ha electronic mail (e-mail) to World Conservation Union, has (309,407 ac), Colusa grass (Neostapfia [email protected]. See the Public identified the vernal pools of California colusana) 132,608 ha (327,670 ac), Comments Solicited section below for and Baja California, Mexico, as a center Greene’s tuctoria (Tuctoria greenei) file format and other information about of plant diversity and endemism in 142,984 ha (353,308 ac), hairy Orcutt electronic filing. North America, and considers them to grass (Orcuttia pilosa) 65,671 ha Comments and materials received, as be severely threatened (WWF and IUCN (162,272 ac), Sacramento Orcutt grass well as supporting documentation used 2002). (Orcuttia viscida) 24,632 ha (60,865 ac), in the preparation of this proposed rule, Many areas in California and portions San Joaquin Valley Orcutt grass will be available for public inspection, of southern Oregon have the (Orcuttia inaequalis) 101,059 ha by appointment, during normal business combination of environmental (249,714 ac), slender Orcutt grass hours at the above address. conditions that favors the development (Orcuttia tenuis) 71,035 ha (175,524 ac), FOR FURTHER INFORMATION CONTACT: of vernal pools (Keeley and Zedler and Solano grass (Tuctoria mucronata) Arnold Roessler or Susan Moore, at the 1998). The climate is of a type classified 7,345 ha (18,149 ac) (collectively Sacramento Fish and Wildlife Office as Mediterranean, with a wet season referred to as ‘‘vernal pool plants’’ in the address above (telephone 916/414–6600; when rainfall exceeds evaporation, remainder of this document), pursuant facsimile 916/414–6710). Information filling the pools, and a dry season when to the Endangered Species Act of 1973, regarding this proposal is available in evaporation is greater, drying the pools. as amended (Act). Because many of the alternate formats upon request. Rainfall is relatively meager even in units proposed for different species SUPPLEMENTARY INFORMATION: most wet seasons, so erosion by overlap, the total critical habitat area we overflowing waters does not dissect the are proposing is much less than the sum Background topographic irregularities that form of the areas for each species. The The vernal pool crustaceans and vernal pool basins. Temperatures during proposed units are in 39 counties in plants addressed in this proposed rule the winter-spring wet season are mild, California and one county in southern live in vernal pools (shallow so plants and animals can grow, mature, Oregon. depressions that hold water seasonally), and reproduce. VerDate Sep<04>2002 17:14 Sep 23, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\24SEP2.SGM 24SEP2 Federal Register / Vol. 67, No. 185 / Tuesday, September 24, 2002 / Proposed Rules 59885 A second major factor in the throughout California’s Central Valley surrounding soils but soil moisture development of vernal pools is soil. and adjacent areas (Holland 1998). remains high; and the dry phase, when Vernal pools form where there is a soil Vernal pools come in a variety of the vernal pool and underlying soils are layer below or at the surface that is shapes and sizes, from a square meter completely dry (Keeley and Zedler impermeable or nearly impermeable to (yard) to a hectare (2.5 ac) or more. 1998). Upland areas associated with water (Smith and Verrill 1998). Some larger vernal wetlands, such as vernal pools are also an important Precipitation and surface runoff become the 36 ha (90 ac) Olcott Lake in the source of nutrients to vernal pool trapped or ‘‘perched’’ above this layer. Jepson Prairie Preserve in Solano organisms (Wetzel 1975). Vernal pool In California, the restrictive soil layers County, are also referred to as vernal habitats derive most of their nutrients underlying vernal pools are of four main lakes or playa pools or lakes. Playa from detritus which is washed into the types—hardpans, claypans, volcanic pools with high alkalinity are termed pool from adjacent uplands, and these flows, and non-volcanic rock. Volcanic alkali sinks. These larger wetlands nutrients provide the foundation for flows include basaltic lavas and contain many of the same animals and vernal pool aquatic communities food cemented mudflows, and are most plants of smaller vernal pools, including chain. Detritus is a primary food source common along the lower western slope many rare and endangered species. for the vernal pool crustaceans of the Sierra Nevada. Hardpans are Since appropriate combinations of addressed in this proposed rule (Eriksen formed by leaching, redeposition, and climate, soil, and topography often and Belk 1999). cementing of silica minerals from high occur over continuous areas rather than Both the amount and timing of in the soil profile to a lower (‘‘B’’) in isolated spots, vernal pools in rainfall in California vary greatly from horizon (Hobson and Dahlgren 1998, California, particularly in the Central year to year. As a result, pools may fill Smith and Verrill 1998). Claypans are Valley, tend to occur in clusters, called to different extents at different times. formed by another redeposition ‘‘complexes.’’ A landscape that supports The duration of ponding of vernal pools process—fine clay particles are a vernal pool complex is typically a also varies, and in certain years some transported to the B horizon and grassland, with areas of obstructed pools may not fill at all.