[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Proposed Rules]
[Pages 64930-64982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28869]
[[Page 64929]]
-----------------------------------------------------------------------
Part IV
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Proposed Revised
Critical Habitat for Brodiaea Filifolia (Thread-Leaved Brodiaea);
Proposed Rule
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 /
Proposed Rules
[[Page 64930]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R8-ES-2009-0073]
[92210-1117-0000-B4]
RIN 1018-AW54
Endangered and Threatened Wildlife and Plants; Proposed Revised
Critical Habitat for Brodiaea filifolia (thread-leaved brodiaea)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
revise designated critical habitat for Brodiaea filifolia (thread-
leaved brodiaea) under the Endangered Species Act of 1973, as amended
(Act). Approximately 3,786 acres (ac) (1,532 hectares (ha)) of habitat
fall within the boundaries of the proposed revised critical habitat
designation, which is located in Los Angeles, San Bernardino,
Riverside, Orange, and San Diego Counties in southern California.
DATES: We will accept comments received or postmarked from all
interested parties on or before February 8, 2010. We must receive
requests for public hearings, in writing, at the address shown in the
FOR FURTHER INFORMATION CONTACT section by January 22, 2010.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R8-
ES-2009-0073.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R8-ES-2009-0073; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: For general information on the
proposed designation, contact Jim Bartel, Field Supervisor, U.S. Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden
Valley Road, Suite 101, Carlsbad, CA 92011; telephone (760) 431-9440;
facsimile (760) 431-5901. If you use a telecommunications device for
the deaf (TDD), call the Federal Information Relay Service (FIRS) at
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned government
agencies, the scientific community, industry, or other interested party
concerning this proposed rule. We particularly seek comments
concerning:
(1) The reasons why we should or should not revise the designation
of habitat as ``critical habitat'' under section 4 of the Endangered
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.),
including whether there are threats to the species from human activity,
the degree of which can be expected to increase due to the designation,
and whether that increase in threat outweighs the benefit of
designation such that the designation of critical habitat is not
prudent.
(2) Specific information on:
Areas that provide habitat for Brodiaea filifolia that we
did not discuss in this proposed revised critical habitat rule,
Areas within the geographical area occupied by the species
at the time of listing containing the features essential to the
conservation of B. filifolia that we should include in the designation
and why,
Areas outside the geographical area occupied by the
species at the time of listing that are essential for the conservation
of the species and why, and
Any areas identified in this proposed revised critical
habitat rule that should not be proposed as critical habitat and why.
(3) Land-use designations and current or planned activities in the
areas proposed as critical habitat, and their possible impacts on
proposed critical habitat.
(4) Comments or information that may assist us in identifying or
clarifying the primary constituent elements (PCEs).
(5) How the proposed revised critical habitat boundaries could be
refined to more closely circumscribe the areas meeting the definition
of critical habitat.
(6) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation. We are particularly interested in any impacts on small
entities or families, and the benefits of including or excluding areas
that exhibit these impacts.
(7) Whether lands in any specific subunits being proposed as
critical habitat should be considered for exclusion under section
4(b)(2) of the Act by the Secretary, and whether the benefits of
potentially excluding any particular area outweigh the benefits of
including that area as critical habitat.
(8) The Secretary's consideration to exercise his discretion under
section 4(b)(2) of the Act to exclude lands proposed in Subunits 11a,
11b, 11c, 11d, 11e, 11f, 11g, and 11h that are within the area
addressed by the Western Riverside County Multiple Species Habitat
Conservation Plan (Western Riverside County MSHCP), and whether such
exclusion is appropriate and why.
(9) The Secretary's consideration to exercise his discretion under
section 4(b)(2) of the Act to exclude lands proposed in Subunits 4b,
4c, and 4g that are within the area addressed by the Orange County
Southern Subregion Habitat Conservation Plan (Orange County Southern
Subregion HCP), and whether such exclusion is appropriate and why.
(10) The Secretary's consideration to exercise his discretion
under section 4(b)(2) of the Act to exclude lands proposed in Subunits
7a, 7b, 7c, and 7d that are within the area addressed by the City of
Carlsbad's Habitat Management Plan (Carlsbad HMP) under the
Northwestern San Diego County Multiple Habitat Conservation Plan
(MHCP), and whether such exclusion is appropriate and why.
(11) The Secretary's consideration to exercise his discretion
under section 4(b)(2) of the Act to exclude lands proposed in Unit 12
that are within the area addressed by the County of San Diego Subarea
Plan and the City of San Diego Subarea Plan under the San Diego
Multiple Species Conservation Plan (MSCP), and whether such exclusion
is appropriate and why.
(12) Special management considerations or protection that the
physical and biological features essential to the conservation of the
species may require.
(13) Information on any quantifiable economic costs or benefits of
the proposed revised designation of critical habitat.
(14) Information on the currently predicted effects of climate
change on Brodiaea filifolia and its habitat.
(15) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and
[[Page 64931]]
understanding, or to better accommodate concerns and comments.
Our final determination concerning critical habitat for Brodiaea
filifolia will take into consideration all written comments and any
additional information we receive during the comment period. These
comments are included in the public record for this rulemaking and we
will fully consider them in the preparation of our final determination.
On the basis of public comments, we may, during the development of our
final determination, find that areas within the proposed designation do
not meet the definition of critical habitat, that some modifications to
the described boundaries are appropriate, or that areas may or may not
be appropriate for exclusion under section 4(b)(2) of the Act.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
consider comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including your personal identifying information--will be
posted on the Web site. If you submit a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Background
It is our intent to discuss only those topics directly relevant to
the proposed revision of critical habitat for Brodiaea filifolia. This
proposed rule incorporates new information on family placement
(biological taxonomic classification) and the distribution of B.
filifolia that we did not discuss in the 2005 final critical habitat
designation for this plant. No new information pertaining to the
species' life history, ecology, or habitat was received following the
2005 final critical habitat designation. A summary of topics that are
relevant to this proposed revised critical habitat is provided below.
For more information on B. filifolia, refer to the final listing rule
published in the Federal Register on October 13, 1998 (63 FR 54975),
and the designation of critical habitat for B. filifolia published in
the Federal Register on December 13, 2005 (70 FR 73820). Additionally,
more information on this species can be found in the five-year review
for B. filifolia signed on August 13, 2009, which is available on our
Web site at: http//:www.fws.gov/Carlsbad.
Species Description
Brodiaea filifolia is a perennial herb with dark-brown, fibrous-
coated corms (underground, bulb-like storage stem). Corms function
similarly to bulbs such that they store water and nutrients during the
dormant season (Smith 1997, p. 28). The flower stalks (scapes) are 8 to
16 inches (in) (20 to 40 centimeters (cm)) tall. The leaves are basal,
narrow, and shorter than the stalk, and the flowers are arranged in a
loose umbel (all flowers are attached to the stalk at the same place
and then radiate outward). Violet flowers start as tubes and then break
into six spreading perianth (collective term for sepals and petals)
segments that are 0.4 to 0.5 in (9 to 12 millimeters (mm)) long. The
broad and notched anthers are 0.1 to 0.2 in (3 to 5 mm) long, and the
fruit is a capsule (Munz 1974, pp. 877-878; Keator 1993, pp. 1180,
1182; 63 FR 54975, p. 54976). Brodiaea filifolia can be distinguished
from other species of Brodiaea that occur within its range (B. orcuttii
(Orcutt's brodiaea), B. jolonensis (Mesa brodiaea), B. santarosae
(Santa Rosa basalt brodiaea), and B. terrestris ssp. kernensis (dwarf
brodiaea)) by its narrow, pointed staminodia (characteristic sterile
stamens), short filament (flower part attaching the fertile anthers to
the perianth), spreading perianth segments (saucer-shaped flower), and
a thin perianth tube, which is subsequently split by developing fruit
(Niehaus 1971, p. 37; Munz 1974, pp. 877-878; Chester et al. 2007, pp.
191-196).
Species Biology and Life History
The annual growth cycle of Brodiaea filifolia begins in fall when
the first rains break the summer dormancy of the underground corm
(Niehaus 1971, p. 4; Keator 1993, p. 1180). The leaves reach their full
length during February and March (Niehaus 1971, p. 5). A solitary
flower stalk grows from the corm in March or April and the flower
period extends from late April to early June (CNPS 2001, p. 99; Niehaus
1971, pp. 7-9). In some years, only a few flowers bloom within an
occurrence; during other years, several thousand flowers can be found
in the larger occurrences.
In the summer months, the seed capsules of Brodiaea filifolia
mature. The seeds are released and fall to the ground, either on the
surface or into cracks in the soil. During fall and winter rains, the
clay matrix hydrates, softens, and expands, which causes the cracks to
close; following this soil hydration period, seedlings emerge with
leaves and a specialized root. Seedlings of B. filifolia are equipped
with a specialized, succulent contractile root that is lost by mature
corms and facilitates the seasonal downward movement of the young plant
(Niehaus 1971, p. 4). The contractile root swells with moisture in the
wet season, creating space below the developing cormlet. As the soil
dries, the contractile root dries and shrinks longitudinally, drawing
the young cormlet downward in the soil. This process continues to a
point at which the soil moisture is adequate to keep the contractile
root from shrinking, resulting in the location of the corm in the
appropriate soil horizon for survival. Cormlets produced annually from
existing older corms also produce contractile roots that draw them
laterally away from the parent corm (Niehaus 1971, p. 4).
Brodiaea filifolia reproduces vegetatively by producing
``cormlets'' that break off from the mature corms, and sexually by
producing seeds (Niehaus 1971, p. 4). All species of Brodiaea examined
to date are self-incompatible, meaning they are incapable of producing
seeds with pollen from flowers on the same plant or from flowers of
plants with the same allele (or different form of a gene) at the self-
incompatibility gene locus/loci (Niehaus 1971, p. 27). Therefore,
cross-pollination from plants of the same species but with different
alleles at this locus is necessary for successful reproduction to occur
(Niehaus 1971, p. 27). Upon maturity, three segments of the vertically
oriented capsules split apart, revealing many small (0.08 to 0.10 in
long; 2 to 2.5 mm long) black seeds (Munz 1974, p. 878). The seeds are
then dispersed as wind rattles the capsules (Smith 1997, p. 29).
Dispersal of seeds from an individual is likely localized, leading to
patches of plants with the same self-incompatible alleles. This means
that effective pollination for seed set requires the maintenance of
pollinator habitat and dispersal corridors. The vegetative reproduction
of small cormlets by the corm allows individual plants to reproduce
vegetatively; however, sexual reproduction by seeds is necessary to
continue the process of sexual selection and evolution. Active
pollinators in and
[[Page 64932]]
around occurrences of Brodiaea filifolia assure that the flowers will
be pollinated and that viable seeds will be produced. Therefore,
supporting and maintaining pollinators and pollinator habitat is
essential for the long-term conservation of B. filifolia (Niehaus 1971,
p. 27).
Habitat
As described in the listing rule (October 13, 1998; 63 FR 54975,
pp. 54976-54977), Brodiaea filifolia typically occurs on gentle
hillsides, valleys, and floodplains within mesic (moderately moist),
southern needlegrass grassland and alkali grassland plant communities
that are associated with clay, loamy sand, or alkaline silty-clay soils
(California Department of Fish and Game (CDFG) 1981, p. 3; Bramlet
1993, pp. 6-7). Sites occupied by this species are frequently
intermixed with (or near) coastal sage scrub, chaparral, or vernal pool
habitat (63 FR 54975, p. 54976).
We refined the description of suitable habitat in the 2005 final
rule designating critical habitat for Brodiaea filifolia (70 FR 73820;
December 13, 2005) in response to comments we received from peer
reviewers. We stated that this species is usually found in herbaceous
plant communities such as valley needlegrass grassland, valley sacaton
grassland, nonnative grassland, alkali playa, southern interior basalt
vernal pools, San Diego mesa hardpan vernal pools, and San Diego mesa
claypan vernal pools (Holland 1986, pp. 34-37, 41, 44). Brodiaea
filifolia also grows in open areas in shrub-dominated coastal sage
scrub ecosystems (70 FR 73820, p. 73837). The herbaceous communities
that B. filifolia is a part of occur in open areas on clay soils, soils
with a clay subsurface, or clay lenses within loamy, silty loam, loamy
sand, silty deposits with cobbles or alkaline soils, ranging in
elevation from 100 feet (ft) (30 meters(m)) to 2,500 ft (765 m),
depending on soil series. These soils facilitate the natural process of
seed dispersal and germination, cormlet disposition or movement to an
appropriate soil depth, and corm persistence through seedling and adult
phases of flowering and fruit set (70 FR 73820, p. 73837).
Spatial Distribution and Historical Range
The historical range of Brodiaea filifolia extends from the
foothills of the San Gabriel Mountains in the City of Glendora (Los
Angeles County), east to Arrowhead Hot Springs in the western foothills
of the San Bernardino Mountains (San Bernardino County), and south
through eastern Orange and western Riverside Counties to Rancho Santa
Fe in central coastal San Diego County, California (California Natural
Diversity Database (CNDDB) 2007).
At the time of listing in 1998, 46 historical occurrences of
Brodiaea filifolia were reported (63 FR 54975, p. 54977). Nine of these
occurrences, most from San Diego County, were considered extirpated,
leaving 37 occurrences presumed extant at the time of listing. Eight
documented extant occurrences were not accounted for in the final
listing rule because we lacked specific data on these occurrences. In
our 2009 5-year review of B. filifolia, we reassessed the occurrence
data on this species. Due to the discovery of new occurrences,
regrouping of occurrences, and the extirpation of 3 occurrences after
listing, we concluded in the 5-year review that there are now 68 extant
(or presumed extant) occurrences of B. filifolia. Most importantly to
our reassessment of this species were 23 additional occurrences
detected within the known range of the species following the 1998
listing. The identification of these new occurrences was a result of
surveys conducted in locations that had not been surveyed prior to
1998. These 23 occurrences are located in the following areas: (1) Four
occurrences are in Orange County at Trampas Canyon, Middle Gabino, East
Talega, and Prima Deshecha landfill; (2) ten occurrences are in San
Diego County on Marine Corps Base Camp Pendleton (MCB Camp Pendleton);
(3) seven occurrences are in San Diego County (outside of MCB Camp
Pendleton) in the City of Oceanside (Arbor Creek, Vista Pacific, Buena
Vista Creek Preserve), City of Carlsbad (Calavera Village H, Carlsbad
Oaks), City of San Marcos (Oleander site), and at Artesian Trails near
4S Ranch; and (4) two occurrences are in Riverside County along the San
Jacinto River at the intersection of San Jacinto Avenue and Dawson
Road, and on the Santa Rosa Plateau at Corona Cala Camino.
For the purpose of this proposed revised critical habitat, we
consider the areas where Brodiaea filifolia has been found since
listing to be within the geographical area occupied by the species at
the time of listing (1998). As with many species, greater efforts to
conduct surveys may result in a greater number of known occurrences
being identified (Ferren et al. 1995). The 23 new occurrences are all
in relative proximity and in similar habitats to occurrences that were
known at the time of listing. Additionally, B. filifolia is thought to
have limited dispersal capabilities and is limited to specific habitat
types making it unlikely that new occurrences are frequently
established. Most of the new occurrences found since listing have
population sizes of more than 1,000 plants, indicating that they were
not recently established since it would take several years for an
occurrence from a limited number of dispersing seeds to reach a
population of this size. Therefore, we believe that all known
occurrences of B. filifolia are within the geographical area occupied
at the time this species was listed under the Act. Furthermore,
additional translocated occurrences (occurrences moved from one
location to another) are also within the geographical area occupied by
the species at the time of listing.
Abundance
The size of each Brodiaea filifolia population is often measured by
counting numbers of standing flower stalks. Because many B. filifolia
corms do not produce flowering stalks each year, this method of
counting may result in a number of vegetative plants and corms going
undetected in surveys (Taylor and Burkhart 1992, pp. 1-7; Morey 1995,
p. 2; Vinje 2008, pers. comm.). For this reason, any number of
individuals observed at a site should be considered an estimate of the
minimum number of plants present. We consider these estimates useful in
comparing the relative abundance of B. filifolia at various sites
across the species' range because these numbers provide an approximate
measure of the size of the occurrence.
Some researchers have conducted studies to provide data on the
ratio of flowering stalks to the actual number of individual Brodiaea
filifolia plants that may be present at a site. A field study at the
Santa Rosa Plateau Ecological Reserve revealed an 8:1 ratio of non-
flowering corms to flowering plants (12.5 percent flowered) (Morey
1995, p. 2). At a residential development site in the City of Carlsbad,
only 20 plants (0.25 percent) flowered, where 8,000 corms were later
located (Taylor and Burkhart 1992, pp. 1-7). In 2007--a dry year--Vinje
(2008, pers. comm.) reported that 14,373 vegetative B. filifolia plants
were counted within three research plots at the Rancho La Costa
occurrence in Carlsbad, but none of the plants flowered (Vinje 2008,
pers. comm.). Even in a wet year, only 2 to 26 percent of the plants
within the plots at Rancho La Costa flowered (Vinje 2008, pers. comm.).
In this proposed revised critical habitat, we are using the number of
flowering stalks at each site (i.e., the maximum recorded number) as a
relative measure of the occurrence's
[[Page 64933]]
size rather than an absolute measure of the occurrence size. In that
context, the existing plant count data is useful in comparing the
relative size of different occurrences to one another.
To date, no systematic surveys of all known occurrences of Brodiaea
filifolia have been conducted. There is little consistent range-wide
information about abundance or population trends in B. filifolia.
Current estimates suggest that the majority of B. filifolia occurrences
contain 2,000 or fewer individuals (Service 2009, pp. 8-13). The areas
containing the largest occurrences (3,000 or more) are at the following
locations: San Dimas in Los Angeles County; Santa Rosa Plateau
Ecological Reserve, San Jacinto Wildlife Area, Case Road, and Railroad
Canyon in Riverside County; Aliso and Wood Canyon Wilderness Park, and
Cristianitos Canyon in Orange County; and Upham, Oleander/San Marcos
Elementary, Rancho Carrillo, Letterbox Canyon, Rancho La Costa, and
Taylor/Darwin in San Diego County.
Taxonomy and Family Placement - Movement of Brodiaea From Liliaceae
(Lily Family) to Themidaceae (Cluster Lily Family)
The name and description of Brodiaea filifolia have not changed
since listing under the Act. However, as described below, the family in
which the plant is placed has changed from Liliaceae (lily family) to
Themidaceae (cluster lily family). Additionally, plants that were
previously identified as hybrids and not pure B. filifolia have now
been described as a new species, B. santarosae. Pires (2007, p. 1) and
Preston (2007, pers. comm.) intend to include Brodiaea santarosae as a
separate species in their treatment of the genus Brodiaea for the
revision of the Jepson Manual that is in progress; this is based on
their assessment of Chester et al. (2007, pp. 187-198). The following
text describes movement of the genus Brodiaea from Liliaceae to
Themidaceae.
When we listed Brodiaea filifolia as a threatened species on
October 13, 1998 (63 FR 54975), it was considered part of a large and
broadly defined family known as Liliaceae. Brodiaea and several other
genera including Bloomeria, Dichelostemma, Triteleia, and Allium
historically were placed in the Amaryllidaceae (amaryllis family) or
the Liliaceae based on perceived importance of characters related to
the position of the ovary or the inflorescence type. Salisbury (1866)
recognized a group of several genera that includes taxa now named
Brodiaea as a family, which was distinct from Allium and other genera
in the Liliaceae, and subsequently named the new family Themidaceae
(Salisbury 1866, pp. 84-87). Recent molecular and anatomical studies
support recognition of Salisbury's Themidaceae family. First, Fay and
Chase (1996, pp. 441-451) present evidence that several genera,
including Triteleia, Brodiaea, Bloomeria, and Dichelostemma, form a
distinct group for which the earliest name available for this group at
the family rank is Themidaceae. Second, genera in the Themidaceae share
a common ancestor (the included members are termed monophyletic) that
is supported by phylogenetic analyses of morphological data and plastid
DNA sequences (Pires et al. 2001, pp. 601-626; Pires and Sytsma 2002,
pp. 1342-1359). Genetic and morphological analysis of members of the
Themidaceae, as described by Salisbury and other related groups,
support the placement of the genus Brodiaea into the Themidaceae (Pires
et al. 2001, pp. 610-626).
Brodiaea is retained in the family Liliaceae in the recent Flora of
North America (Pires 2002, p. 321); however, the author of the family
description (Utech 2002, p. 52) includes a table that lists Brodiaea as
a member of the Themidaceae and states that the available evidence
strongly supports dismemberment of the Liliaceae. The family
Themidaceae, including Brodiaea, will be recognized as a family
separate from Liliaceae in the upcoming revision of the Jepson Manual
(Pires 2007, p. 1; Preston 2007, pers. comm.). We have reviewed this
material and we are in agreement with the change from Liliaceae to
Themidaceae. As part of this rule, we propose to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations
to reflect the transfer of B. filifolia from Liliaceae to Themidaceae.
This transfer does not alter the definition or distribution of B.
filifolia.
Previous Federal Actions
We published our final designation of critical habitat for Brodiaea
filifolia on December 13, 2005 (70 FR 73820). The Center for Biological
Diversity filed a complaint in the U.S. District Court for the Southern
District of California on December 19, 2007, challenging our
designation of critical habitat for B. filifolia and Navarretia
fossalis (Center for Biological Diversity v. United States Fish and
Wildlife, et al., Case No. 07-CV-02379-W-NLS). In a settlement
agreement dated July 25, 2008, we agreed to reconsider the critical
habitat designation for B. filifolia. The settlement stipulated that
the Service shall submit a proposed revised critical habitat
designation for B. filifolia to the Federal Register by December 1,
2009, and submit a final revised critical habitat designation to the
Federal Register by December 1, 2010.
Critical Habitat
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by a
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) essential to the conservation of the species and
(b) which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by a
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means the use
of all methods and procedures that are necessary to bring any
endangered or threatened species to the point at which the measures
provided under the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management, such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot otherwise be
relieved, may include regulated taking.
Critical habitat receives protection under section 7(a)(2) of the
Act through the prohibition against Federal agencies carrying out,
funding, or authorizing activities that are likely to result in the
destruction or adverse modification of critical habitat. Section
7(a)(2) requires consultation on Federal actions that may affect
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner seeks or requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the consultation requirements of section
7(a)(2) of the Act would apply, but even in the event
[[Page 64934]]
of a destruction or adverse modification finding, the Federal action
agency's and the applicant's obligation is not to restore or recover
the species, but to implement reasonable and prudent alternatives to
avoid destruction or adverse modification of critical habitat.
For inclusion in a critical habitat designation, the habitat within
the geographical area occupied by the species at the time of listing
must contain physical and biological features that are essential to the
conservation of the species, and be included only if those features may
require special management considerations or protection. Critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, habitat areas supporting the
essential physical or biological features that provide essential life
cycle needs of the species; that is, areas on which are found the
primary constituent elements (PCEs) laid out in the appropriate
quantity and spatial arrangement essential to the conservation of the
species. Under the Act and regulations at 50 CFR 424.12, we can
designate critical habitat in areas outside the geographical area
occupied by the species at the time it is listed only when we determine
that those areas are essential for the conservation of the species and
that designation limited to the species' present range would be
inadequate to ensure the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards Under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658)), and our associated Information Quality Guidelines
provide criteria, establish procedures, and provide guidance to ensure
that our decisions are based on the best scientific data available.
They require our biologists, to the extent consistent with the Act and
with the use of the best scientific data available, to use primary and
original sources of information as the basis for recommendations to
designate critical habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. In particular, we recognize that climate change may
cause changes in the arrangement of occupied habitat patches. Current
climate change predictions for terrestrial areas in the Northern
Hemisphere indicate warmer air temperatures, more intense precipitation
events, and increased summer continental drying (Field et al. 1999, pp.
1-3; Hayhoe et al. 2004, p. 12422; Cayan et al. 2005, p. 6;
Intergovernmental Panel on Climate Change 2007, p. 11; Cayan et al.
2009, p. xi). Additionally, the southwestern region of the country is
predicted to become drier and hotter overall (Hayhoe et al. 2004,
p.12424; Seager et al. 2007, p. 1181). Climate change may also affect
the duration and frequency of drought and these climatic changes may
become even more dramatic and intense (Graham 1997). Documentation of
climate-related changes that have already occurred in California (Croke
et al. 1998, pp. 2128, 2130; Brashears et al. 2005, p. 15144), and
future drought predictions for California (e.g., Field et al. 1999, pp.
8-10; Lenihen et al. 2003, p. 1667; Hayhoe et al. 2004, p. 12422;
Brashears et al. 2005, p. 15144; Seager et al. 2007, p. 1181) and North
America (IPCC 2007, p. 9) indicate prolonged drought and other climate-
related changes will continue in the foreseeable future.
We anticipate these changes will affect Brodiaea filifolia habitat
and occurrences. For example, if the amount and timing of precipitation
or the average temperature increases in southern California, the
following four changes may affect the long-term viability of B.
filifolia occurrences in their current habitat configuration: (1) Drier
conditions may result in a lower percent germination and smaller
population sizes; (2) a shift in the timing of the annual rainfall may
favor nonnative species that impact the quality of habitat for this
species; (3) warmer temperatures may affect the timing of pollinator
life-cycles causing pollinators to become out-of-sync with timing of
flowering B. filifolia; and (4) drier conditions may result in
increased fire frequency, making the ecosystems in which B. filifolia
currently grows more vulnerable to the threats of subsequent erosion
and nonnative/native plant invasion.
At this time, we are unable to identify the specific ways that
climate change will impact Brodiaea filifolia, therefore, we are unable
to determine what additional areas, if any, may be appropriate to
include in the proposed revised critical habitat for this species. We
specifically request information from the public on the currently
predicted effects of climate change on B. filifolia and its habitat.
Additionally, we recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not promote
the recovery of the species.
Areas that support occurrences, but are outside the critical
habitat designation, will continue to be subject to conservation
actions we and other Federal agencies implement under section 7(a)(1)
of the Act. They are also subject to the regulatory protections
afforded by the section 7(a)(2) jeopardy standard, as determined on the
basis of the best available scientific information at the time of the
agency action. Federally funded or permitted projects affecting listed
species outside their designated critical habitat areas may still
result in jeopardy findings in some cases. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans (HCPs), or other
species conservation planning efforts if new information available to
these planning efforts calls for a different outcome.
Methods
As required by section 4(b) of the Act, we used the best scientific
and commercial data available in determining which areas within the
geographic area occupied by the species at the time of listing contain
the features essential to the conservation of Brodiaea filifolia, and
which areas outside the geographical area occupied at the time of
listing are essential for the conservation of B. filifolia. We reviewed
the 2005 final critical habitat designation for B. filifolia (70 FR
73820), information from state, Federal, and local government agencies,
and information from academia and private organizations that collected
scientific data on the species. We also used the information provided
in the 5-year review for B. filifolia (Service 2009, pp. 1-47). Other
information we used for this proposed revised critical habitat
[[Page 64935]]
includes: CNDDB (CNDDB 2009, pp. 1-73); data and information included
in reports submitted during consultations under section 7 of the Act;
information contained in analyses for individual and regional HCPs
where B. filifolia is a covered species; data collected on MCB Camp
Pendleton; data collected from reports submitted by researchers holding
recovery permits under section 10(a)(1)(A) of the Act; information
received from local species experts; published and unpublished papers,
reports, academic theses, or surveys; Geographic Information System
(GIS) data (such as species occurrence data, soil data, land use,
topography, aerial imagery, and ownership maps); and correspondence to
the Service from recognized experts. We are not currently proposing any
areas as critical habitat that are outside the geographical area
occupied by the species at the time of listing because we have
determined that we can conserve this species by including in critical
habitat a subset of areas that were occupied at the time of listing (28
of 68 occurrences known to be occupied are proposed as critical
habitat).
Physical and Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12(b), in determining which areas within the
geographical area occupied at the time of listing to propose as revised
critical habitat, we consider those physical and biological features
that are essential to the conservation of the species and which may
require special management considerations or protection. We consider
the essential physical and biological features to be the PCEs laid out
in the appropriate quantity and spatial arrangement essential to the
conservation of the species. The PCEs include, but are not limited to:
(1) Space for individual and population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, and rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographical, and ecological
distributions of a species.
We derive the PCEs required for Brodiaea filifolia from its
biological needs. The areas included in our proposed revised critical
habitat for B. filifolia contain the appropriate soils and associated
vegetation at suitable elevations, and adjacent areas necessary to
maintain associated physical processes such as a suitable hydrological
regime. The areas provide suitable habitat, water, minerals, and other
physiological needs for reproduction and growth of B. filifolia, as
well as habitat that supports pollinators of B. filifolia. The PCEs and
the resulting physical and biological features essential to the
conservation of B. filifolia are derived from studies of this species'
habitat, ecology, and life history as described in the Background
section of this proposed rule, and the previous critical habitat rule
(70 FR 73820; December 13, 2005), and in the final listing rule (63 FR
54975; October 13, 1998).
Space for Individual and Population Growth, and for Normal Behavior
Habitats that provide space for growth and persistence of Brodiaea
filifolia include areas: (1) With combinations of appropriate elevation
and clay or clay-associated soils, on mesas or low to moderate slopes
that support open native or annual grasslands within open coastal sage
scrub or coastal sage scrub-chaparral communities; (2) in floodplains
or in association with vernal pool or playa complexes that support
various grassland or scrub communities; (3) on soils derived from
olivine basalt lava flows on mesas and slopes that support vernal pools
within grassland, oak woodland, or savannah communities; or (4) on
sandy loam soils derived from basalt and granodiorite parent material
with deposits of cobbles and boulders supporting intermittent seeps,
and open marsh communities. Despite the wide range of habitats where B.
filifolia occurs, this species occupies a specific niche of habitat
that is moderately wet to occasionally wet.
Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements
All members of the genus Brodiaea require full sun and many tend to
occur on only one or a few soil series (Niehaus 1971, pp. 26-27).
Brodiaea filifolia occurs on several formally named soil series, but
these are all primarily clay soils with varying amounts of sand and
silt. In this proposed rule, we listed all the mapped soils that
overlap with the distribution of B. filifolia. Sometimes clay soils
occur as inclusions within other soil series, as such, we have named
those other soil series in this rule. Another reason that there are
many differently named soil series is because this species occurs in
five counties, each of which has uniquely named soils. Despite the
diversity in named soil series, B. filifolia is a clay soils endemic
and always occurs on soils with a clay component.
In San Diego, Orange, and Los Angeles Counties, occurrences of
Brodiaea filifolia are highly correlated with specific clay soil series
such as, but not limited to: Alo, Altamont, Auld, and Diablo or clay
lens inclusions in a matrix of loamy soils such as Fallbrook,
Huerhuero, and Las Flores series (63 FR 54975, p. 54978; CNDDB 2009,
pp. 1-76; Service GIS data 2009). These soils generally occur on mesas
and hillsides with gentle to moderate slopes, or in association with
vernal pools. These soils are generally vegetated with open native or
nonnative grassland, open coastal sage scrub, or open coastal sage
scrub-chaparral communities. In San Bernardino County, the species is
associated with Etsel family-Rock outcrop-Springdale and Tujunga-Urban
land-Hanford soils (Service GIS data 2009). These soils are generally
vegetated with open native and nonnative grasslands, open coastal sage
scrub, or open coastal sage scrub-chaparral communities.
In western Riverside County, the species is often found on alkaline
silty-clay soil series such as, but not limited to, Domino,
Grangeville, Waukena, and Willows underlain by a clay subsoil or
caliche (a hardened gray deposit of calcium carbonate). These soils
generally occur in low-lying areas and floodplains or are associated
with vernal pool or playa complexes. These soils are generally
vegetated with open native and nonnative grasslands, alkali grassland,
or alkali scrub communities. Also in western Riverside County, the
species is found on clay loam soils underlain by heavy clays derived
from basalt lava flows (i.e., Murrieta series on the Santa Rosa
Plateau) (Bramlet 1993, p. 1; CNDDB 2009, pp. 1-76; Service GIS data
2009). These soils generally occur on mesas and gentle to moderate
slopes or are associated with basalt vernal pools. These soils are
vegetated with open native or nonnative grasslands or oak woodland
savannah communities.
In some areas in northern San Diego County and southwestern
Riverside County, the species is found on sandy loam soils derived from
basalt and granodiorite parent materials; deposits of gravel, cobble,
and boulders; or hydrologically fractured, weathered granite in
intermittent streams and seeps. These soils and deposits are generally
vegetated by open riparian and freshwater marsh communities associated
with intermittent drainages, floodplains, and seeps. Throughout B.
filifolia's range these soils facilitate the natural process of seed
dispersal and
[[Page 64936]]
germination, cormlet disposition or movement to an appropriate soil
depth, and corm persistence through seedling and adult phases of
flowering and fruit set described earlier.
Habitats That Are Protected From Disturbance or Are Representative of
the Historical, Geographical, and Ecological Distributions of the
Species
The conservation of Brodiaea filifolia is dependent on several
factors including, but not limited to, maintenance of areas of
sufficient size and configuration to sustain natural ecosystem
components, functions, and processes (such as full sun exposure,
natural fire and hydrologic regimes, adequate biotic balance to prevent
excessive herbivory); protection of existing substrate continuity and
structure, connectivity among groups of plants within geographic
proximity to facilitate gene flow among the sites through pollinator
activity and seed dispersal; and sufficient adjacent suitable habitat
for vegetative reproduction and population expansion.
A natural, generally intact surface and subsurface soil structure,
not permanently altered by anthropogenic land use activities (such as
deep, repetitive discing, or grading), and associated physical
processes such as a hydrological regime is necessary to provide water,
minerals, and other physiological needs for Brodiaea filifolia. A
natural hydrological regime includes seasonal hydration followed by
drying out of the substrate to promote growth of plants and new corms
for the following season. These conditions are also necessary for the
normal development of seedlings and young vegetative cormlets.
Habitat for Pollinators of Brodiaea filifolia
Cross-pollination is essential for the survival and recovery of
Brodiaea filifolia because this species is self-incompatible and it
cannot sexually reproduce without the aid of insect pollinators. A
variety of insects are known to cross-pollinate Brodiaea species,
including Tumbling Flower Beetles (Mordellidae, Coleoptera) and Sweat
Bees (Halictidae, Hymenoptera; Niehaus 1971, p. 27). Bell and Rey
(1991, p. 3) report that native bees observed pollinating B. filifolia
on the Santa Rosa Plateau in Riverside County include Bombus
californicus (Apidae, Hymenoptera), Hoplitus sp. (Megachilidae,
Hymenoptera), Osmia sp. (Megachilidae, Hymenoptera), and an
unidentified Anthophorid (digger-bee). Anthophoridae and Halictidae are
important pollinators of Brodiaea filifolia, as shown at a study site
in Orange County (Glenn Lukos Associates 2004, p. 3). Supporting and
maintaining pollinators and pollinator habitat is essential for the
conservation of B. filifolia because this species cannot set viable
seed without cross-pollination.
Of primary concern to the conservation of Brodiaea filifolia are
solitary bees (such as sweat bees (Hoplitus sp. and Osmia sp.)) because
these are the pollinators that have the most specific habitat
requirements (such as nesting requirements) and are impacted by
fragmentation and reduced diversity of natural habitats at a small
scale (Gathmann and Tscharntke 2002, p. 757; Steffan-Dewenter 2003, p.
1041; Shepherd 2009, pers. comm.). Due to the focused foraging habits
of solitary bees we believe that these insects may be the most
important to the successful reproduction of B. filifolia. To sustain an
active pollinator community for B. filifolia, alternative pollen or
food source plants may be necessary for the persistence of these
insects when B. filifolia is not in flower. It is also necessary for
nest sites for pollinators to be located within flying distance of B.
filifolia occurrences.
Bombus spp. (bumblebees) may also be important to the pollination
of Brodiaea filifolia, however, these insects may be able to travel
greater distances and cross fragmented landscapes to pollinate B.
filifolia. In a study of experimental isolation and pollen dispersal of
Delphinium nuttallianum (Nuttall's larkspur), Schulke and Waser (2001,
pp. 242-243) report that adequate pollen loads were dispersed by
bumblebees within control populations and in isolated experimental
``populations'' from 164 to 1,312 feet (ft) (50 to 400 meters (m))
distant from the control populations. One of several pollinator taxa
effective at 1,312 ft (400 m) was Bombus californicus (Schulke and
Waser 2001, pp. 240-243), which was also one of four bee species
observed pollinating Brodiaea filifolia by Bell and Rey (1991, p. 2).
Studies by Steffan-Dewenter and Tscharntke (2000, p. 293) demonstrated
that it is possible for bees to forage as far as 4,920 ft (1,500 m)
from a colony, and at least one study suggests that bumblebees may
forage many kilometers away (Sudgen 1985, p. 308). Bumblebees may be
effective at transferring pollen between occurrences of B. filifolia
because they are larger and have been found pollinating plants at
distances of 1,312 to 4,920 ft (400 to 1500 m). However, the visits and
focused effort of bumblebees may be less frequent than ground-nesting
bees.
Ground-nesting solitary bees appear to have limited dispersal and
flight abilities (Thorp and Leong 1995, p. 7). Studies have shown that
as areas are fragmented by development, remaining habitat areas have
reduced pollinator diversity (Steffan-Dewenter 2003, p. 1041). If
pollinators are eliminated from an occurrence, Brodiaea filifolia will
no longer be able to reproduce sexually. Of the native bees that have
been observed pollinating B. filifolia, solitary ground-nesting bees
are the most sensitive to habitat disturbance and the most likely to be
lost from an area. Sweat bees (family Halictidae), Holitus (family
Magachilidea), and Osmia (mason bees, family Megachilidea), fly
approximately 900 to 1,500 ft (274 to 457 m), 600 to 900 ft (183 to 274
m), and 600 to 1,800 ft (183 to 549 m), respectively (Shepherd 2009,
pers. comm.). Bombus californicus (family Apidae) and Digger bees
(family Apidae) fly further, generally more than over 2,640 ft (804 m)
(Shepherd 2009, pers. comm.). These flight distances are important in
determining what habitat associated with Brodiaea filifolia occurrences
provides habitat for this species' pollinators. Conserving habitat
where these pollinators nest and forage will sustain an active
pollinator community and provide for the cross-pollination of B.
filifolia.
In our review of the data on pollinators of Brodiaea filifolia in
the 2005 critical habitat rule, we determined that an 820-ft (250-m)
area around each occurrence identified in the critical habitat would
provide adequate space to support B. filifolia's pollinators. In the
2005 critical habitat rule, we based the 820-ft (250-m) distance on a
conservative estimate for the mean routine flight distance for bees.
This distance represents an estimate of flight distance for pollinators
that fly an average of less than 1,800 ft (549 m) (i.e., the maximum
distance observed by known pollinators of B. filifolia except Bombus
californicus). Research supports this distance, as studies looking at
areas with a radius of 820 ft (250 m) have found that solitary bees
forage at this scale and that if fragmentation occurs at this scale the
presence of solitary bees will decrease (Steffan-Dewenter et al. 2002,
pp. 1027-1029; Shepherd 2009, pers. comm.). Insects that travel greater
distances than 1,800 ft (549 m) on average may also find habitat within
820 ft (250 m) of Brodiaea filifolia occurrences. It is also possible
that insects flying greater than 1,800 ft (549 m) are flying in from
greater distances (Bombus californicus and Anthophora) and are living
in habitats that are not directly connected with areas supporting
Brodiaea filifolia.
[[Page 64937]]
Delineating a pollinator use area larger than 820 ft (250 m) around B.
filifolia would capture habitat that may not directly contribute to the
survival or recovery of B. filifolia. Including habitat out from the
mapped occurrences of B. filifolia up to 820 ft (250m) in the PCEs is
necessary to support pollinator activity in critical habitat, support
the sexual reproduction of B. filifolia, and provide for gene flow,
pollen dispersal, and seed dispersal.
Primary Constituent Elements for Brodiaea filifolia
Pursuant to the Act and its implementing regulations, when
considering the designation of critical habitat, we must focus on the
primary constituent elements within the geographical area occupied by
Brodiaea filifolia at the time of listing that are essential to the
conservation of the species and may require special management
considerations or protection. The essential physical and biological
features are those PCEs laid out in an appropriate quantity and spatial
arrangement determined to be essential to the conservation of the
species. All areas proposed as revised critical habitat for B.
filifolia are currently occupied, are within the geographical area
occupied by the species at the time of listing, and contain sufficient
PCEs to support at least one life- history function (see the ``Spatial
Distribution and Historical Range'' section of this rule).
Based on our current knowledge of the life history, biology, and
ecology of Brodiaea filifolia, and the requirements of the habitat to
sustain the life-history traits of the species, we determined that the
PCEs specific to B. filifolia are:
(1) PCE 1--Appropriate soil series at a range of elevations and in
a variety of plant communities, specifically:
(A) Clay soil series of various origins (such as Alo, Altamont,
Auld, or Diablo), clay lenses found as unmapped inclusions in other
soils series, or loamy soils series underlain by a clay subsoil (such
as Fallbrook, Huerhuero, or Las Flores) occurring between the
elevations of 100 and 2,500 ft (30 and 762 m).
(B) Soils (such as Cieneba-rock outcrop complex and Ramona family-
Typic Xerothents soils) altered by hydrothermal activity occurring
between the elevations of 1,000 and 2,500 ft (305 and 762 m).
(C) Silty loam soil series underlain by a clay subsoil or caliche
that are generally poorly drained, moderately to strongly alkaline,
granitic in origin (such as Domino, Grangeville, Traver, Waukena, or
Willows) occurring between the elevations of 600 and 1,800 ft (183 and
549 m).
(D) Clay loam soil series (such as Murrieta) underlain by heavy
clay loams or clays derived from olivine basalt lava flows occurring
between the elevations of 1,700 and 2,500 ft (518 and 762 m).
(E) Sandy loam soils derived from basalt and granodiorite parent
materials; deposits of gravel, cobble, and boulders; or hydrologically
fractured, weathered granite in intermittent streams and seeps
occurring between 1,800 and 2,500 ft (549 and 762 m).
(2) PCE 2--Areas with a natural, generally intact surface and
subsurface soil structure, not permanently altered by anthropogenic
land use activities (such as deep, repetitive discing, or grading),
extending out up to 820 ft (250 m) from mapped occurrences of Brodiaea
filifolia.
This proposed revision to the critical habitat designation is
designed for the conservation of those areas containing PCEs necessary
to support the species' life-history traits. All units/subunits of the
proposed critical habitat contain one of the specific soil components
identified in PCE 1 and have natural, generally intact surface and
subsurface soil structure and support habitat for pollinators as
identified in PCE 2. These two factors are sufficient to support life-
history traits of Brodiaea filifolia in the units/subunits we propose
as critical habitat. In general, we propose units/subunits based on the
presence of the PCEs in the appropriate quantity and spatial
arrangement essential to the conservation of the species. In the case
of this designation, all of the units/subunits contain both of the
PCEs.
Special Management Considerations or Protection
When designating critical habitat within the geographical area
occupied by the species at the time of listing, we assess whether the
physical and biological features essential to the conservation of the
species may require special management considerations or protection. In
all units/subunits, special management considerations or protection of
the essential features may be required to provide for the growth,
reproduction, and sustained function of the habitat on which Brodiaea
filifolia depends.
The lands proposed as critical habitat represent our best
assessment of the habitat that meets the definition of critical habitat
for Brodiaea filifolia at this time. The essential physical or
biological features within the areas proposed as critical habitat may
require some level of management to address current and future threats
to B. filifolia, including the direct and indirect effects of habitat
loss and degradation from urban development; the introduction of
nonnative invasive plant species; recreational activities; discing and
mowing for agricultural practices or fuel modification for fire
management; and dumping of manure and sewage sludge.
Loss and degradation of habitat from development was cited in the
final listing rule as a primary cause for the decline of Brodiaea
filifolia. Most of the populations of this species are located in San
Diego, Orange, and Riverside Counties. These counties have had (and
continue to have) increasing human populations and attendant housing
pressure. Natural areas in these counties are frequently near or
bounded by urbanized areas. Urban development removes the plant
community components and associated clay soils identified in the PCEs,
which eliminates or fragments the populations of B. filifolia. Grading,
discing, and scraping areas in the preparation of areas for
urbanization also directly alters the soil surface as well as
subsurface soil layers to the degree that they will no longer support
plant community types and pollinators associated with B. filifolia (PCE
2).
Nonnative invasive plant species may alter the vegetation
composition or physical structure identified in the PCEs to an extent
that the area does not support Brodiaea filifolia or the plant
community that it inhabits. Additionally, invasive species may compete
with B. filifolia for space and resources by depleting water that would
otherwise be available to B. filifolia.
Unauthorized recreational activities may impact the vegetation
composition and soil structure that supports Brodiaea filifolia to an
extent that the area will no longer have intact soil surfaces or the
plant communities identified in the PCEs. Off-highway vehicle (OHV)
activity is an example of this type of activity.
Some methods of mowing or discing for agricultural purposes or fuel
modification for fire management may preclude the full and natural
development of Brodiaea filifolia by adversely affecting the PCEs.
Mowing may preclude the successful reproduction of the plant, or alter
the associated vegetation needed for pollinator activity (PCE 2).
Dumping of sewage sludge can cover plants as well as the soils they
need. Additionally, this practice can alter the chemistry of the
substrate and lead to alterations in the vegetation supported at the
site (PCE 1).
In summary, we find that the areas we are proposing as revised
critical habitat contain the features essential to the
[[Page 64938]]
conservation of Brodiaea filifolia, and that these features may require
special management considerations or protection. Special management
considerations or protection may be required to eliminate, or reduce to
negligible level, the threats affecting each unit/subunit and to
preserve and maintain the essential features that the proposed critical
habitat units/subunits provide to B. filifolia. Additional discussions
of threats facing individual sites are provided in the individual unit/
subunit descriptions.
The designation of critical habitat does not imply that lands
outside of critical habitat may not play an important role in the
conservation of Brodiaea filifolia. In the future, and with changed
circumstances, these lands may become essential to the conservation of
B. filifolia. Activities with a Federal nexus that may affect areas
outside of critical habitat, such as development, agricultural
activities, and road construction, are still subject to review under
section 7 of the Act if they may affect B. filifolia because Federal
agencies must consider both effects to the plant and effects to
critical habitat independently. The prohibitions of section 9 of the
Act applicable to B. filifolia under 50 CFR 17.71 (e.g., the
prohibition against reducing to possession or maliciously damaging or
destroying listed plants on Federal lands) also continue to apply both
inside and outside of designated critical habitat.
Criteria Used To Identify Critical Habitat
We have determined that all areas we are proposing to designate as
revised critical habitat are within the geographical area occupied by
Brodiaea filifolia at the time of listing (see the ``Spatial
Distribution and Historical Range'' section for more information), and
are currently occupied. We considered the areas outside the
geographical area occupied by the species at the time of listing, but
are not proposing to designate any areas outside the geographical area
occupied by B. filifolia at the time of listing because we determined
that a subset of occupied lands within the species' historical range
are adequate to ensure the conservation of B. filifolia. Occupied areas
exist throughout this species' historical range, and through the
conservation of a subset of occupied habitats (35 of 68 extant
occurrences, see Table 1), we will be able to stabilize and conserve B.
filifolia throughout its current and historical range. All units/
subunits proposed as critical habitat contain both PCEs in the
appropriate quantity and spatial arrangement essential to the
conservation of this species and support multiple life-history traits
for B. filifolia.
As required by section 4(b)(1)(A) of the Act, we use the best
scientific and commercial data available in determining areas that
contain the features that are essential to the conservation of Brodiaea
filifolia. The ``Methods'' section summarizes the data used for this
proposed revised critical habitat. This proposed rule reflects the best
available scientific and commercial information and thus differs from
our 2005 final critical habitat rule.
This section provides details of the process we used to delineate
critical habitat. This proposed rule reflects a progression of
conservation efforts for Brodiaea filifolia. This progression is based
largely on the past analysis of the areas identified as meeting the
definition of critical habitat for B. filifolia as identified in the
2004 proposed critical habitat rule and the 2005 final critical habitat
designation, and new information we obtained on the species'
distribution since listing. In some areas that were analyzed in 2005,
we have new distribution information that resulted in adding areas to
the 2005 critical habitat designation. There are also some areas
identified as meeting the definition of critical habitat in the 2005
critical habitat that we did not include in this revision of critical
habitat because we determined based on a review of the best available
information that they do not meet the definition of critical habitat.
The specific differences from the 2005 designation of critical habitat
are summarized in the Summary of Changes From Previously Designated
Critical Habitat section of this rule.
Species and plant communities that are protected across their
ranges are expected to have lower likelihoods of extinction (Soule and
Simberloff 1986, p. 35; Scott et al. 2001, pp. 1297-1300). Genetic
variation generally results from the effects of population isolation
and adaptation to locally distinct environments (Lesica and Allendorf
1995, pp. 754-757; Fraser 2000, pp. 49-51; Hamrick and Godt 1996, pp.
291-295). We sought to include the range of ecological conditions in
which Brodiaea filifolia is found to preserve the genetic variation
that may reflect adaptation to local environmental conditions, as
documented in other plant species (such as in Hamrick and Godt 1996,
pp. 299-301; or Millar and Libby 1991, pp. 150, 152-155). A suite of
locations that possess unique ecological characteristics will represent
more of the environmental variability under which B. filifolia has
evolved. Protecting these areas will promote the adaptation of the
species to different environmental conditions and contribute to species
recovery.
We also determined that habitat for pollinators is essential to the
survival and recovery of this species because Brodiaea filifolia is
self-incompatible (genetically similar individuals are not able to
produce viable seeds). Sexual reproduction, facilitated through
pollination, is necessary for the long-term conservation of this
species.
All critical habitat discussed in this proposed revision of
critical habitat is occupied by the species at the subunit level
meaning that each subunit contains at least one known occurrence of
Brodiaea filifolia. The essential features in each subunit are
necessary for the conservation of the occurrence within the subunit,
and the subunit contributes to the overall conservation of the species.
Occupied areas were determined from survey data and element occurrence
data in the CNDDB (CNDDB 2009, pp. 1-76). Using GIS data in the areas
identified as occupied by this species as a guide, we identified the
areas that contain the physical and biological features essential to
the conservation of B. filifolia.
To map the areas that meet the definition of critical habitat, we
identified areas that contain the PCEs in the quantity and spatial
distribution essential to the conservation of this species using the
following criteria: (1) Areas supporting occurrences on rare or unique
habitat within the species' range; (2) areas supporting the largest
known occurrences of B. filifolia; or (3) areas supporting stable
occurrences of B. filifolia that are likely to be persistent. These
criteria are explained in greater detail below and a summary of our
analysis of all current and past areas supporting Brodiaea filifolia is
presented in Table 1.
We have determined that 35 of the 68 extant occurrences meet the
definition of critical habitat; of these 35 occurrences, 7 occur on MCB
Camp Pendleton and are exempt from critical habitat under section
4(a)(3) of the Act, and 28 occurrences are proposed as critical
habitat. Areas containing the PCEs and that meet at least one of the
above criteria are considered to contain the physical and biological
features essential to the conservation of the species and, therefore,
meet the definition of critical habitat. Included in PCE 2 are areas up
to 820 ft (250 m) from mapped occurrences of B. filifolia to provide
adequate space to support the habitat and alternate food sources needed
for pollinators of B. filifolia. The
[[Page 64939]]
820-ft (250-m) distance for determining the pollinator use area is
based on a conservative estimate for the mean routine flight distance
for ground-nesting solitary bees that pollinate B. filifolia. This
distance is not meant to capture all habitat that is potentially used
by pollinators, but it is meant to capture a sufficient area to allow
for pollinators to nest, feed, and reproduce in habitat that is
adjacent and connected to the areas were B. filifolia grows (see
``Habitat for Pollinators of Brodiaea filifolia'' section for a more
detailed explanation of pollinator requirements and our derivation of
the 820-ft (250-m) distance for determining the pollinator use area).
Table 1. Summary of criteria analysis of all recorded locations of Brodiaea filifolia.
``Occurrence number'' and ``Location Description'' are taken from the 5-year review completed in 2009 where more information about each occurrence can
be found. Extirpated occurrences were not given an ``Occurrence number'' in the 5-year review.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Criterion 3:
Occurrence number in 5-year Location CNDDB\1\ Element Criterion 1: Criterion 2: Stable and Critical Habitat
review Description Occurrence Number Unique or rare Largest persistent Unit/ Subunit
(EO) habitat occurrences occurrence
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Glendora 20 X -- X 1a
--------------------------------------------------------------------------------------------------------------------------------------------------------
2 San Dimas/Gordon 40 X X -- 1b
Highlands
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Bernardino County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 Arrowhead Hot 7 X -- X 2
Springs
--------------------------------------------------------------------------------------------------------------------------------------------------------
4 Waterman Canyon 8 -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Riverside County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 San Jacinto 43 X -- X 11a
Wildlife Area 27................
--------------------------------------------------------------------------------------------------------------------------------------------------------
6\2\ San Jacinto Ave/ 65 X -- -- 11b
Dawson Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 Case Road 2 X X -- 11c
--------------------------------------------------------------------------------------------------------------------------------------------------------
x Goetz Road 1 -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
8 Railroad Canyon 25 -- X -- 11d
--------------------------------------------------------------------------------------------------------------------------------------------------------
9 Upper Salt Creek 26 X -- -- 11e
(Stowe Pool)
--------------------------------------------------------------------------------------------------------------------------------------------------------
10 Santa Rosa Plateau - 3 -- -- -- B. santarosae
Tenaja Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
11 Santa Rosa Plateau - 31 X -- -- 11h
North of Tenaja
Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12 Santa Rosa Plateau - 30 X -- -- 11g
South of Tenaja
Rd.
--------------------------------------------------------------------------------------------------------------------------------------------------------
13 Santa Rosa Plateau - 5 -- -- -- N/A
Mesa de Colorado
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 East of Tenaja 29 -- -- -- N/A
Guard Station
--------------------------------------------------------------------------------------------------------------------------------------------------------
15 Redonda Mesa 52 -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
16\2\ Corona Cala Camino N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orange County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
17 Edison Viejo 55 -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
18 Aliso and Woods 56 X X -- 3
Canyon
Wilderness Park....
--------------------------------------------------------------------------------------------------------------------------------------------------------
19 Ca[ntilde]ada 64 -- -- X 4c
Gobernadora
/Chiquadora Ridge..
--------------------------------------------------------------------------------------------------------------------------------------------------------
20\2\ Trampas Canyon N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
21\2\ Middle Gabino N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64940]]
22 Cristianitos Canyon N/A X X -- 4g
Cristianitos Canyon/ 62................
.
Lower Gabino Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
23\2\ East Talega/Blind N/A -- -- -- N/A
Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
24 Casper's Wilderness 24 -- -- X 4b
Park
--------------------------------------------------------------------------------------------------------------------------------------------------------
25 Arroyo Trabuco Golf N/A -- -- -- N/A
Course/Lower
Arroyo Trabuco
--------------------------------------------------------------------------------------------------------------------------------------------------------
x\2\ Prima Deshecha\4\ 61 -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
26 Talega/Segunda 57 -- -- -- N/A
Deshecha\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
27 Forster Ranch\3\ 58 -- -- -- N/A
59................
60................
--------------------------------------------------------------------------------------------------------------------------------------------------------
28 Cristianitos Canyon 63 -- -- -- N/A
South
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Diego County, California
--------------------------------------------------------------------------------------------------------------------------------------------------------
29 Miller Mountain 37 -- -- -- B. santarosae
------------------------------------------------------------------------------------------------------------------------
Devil Canyon 39 X -- X 5b
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 Tributary off of N/A -- -- -- N/A
Talega Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
31\2\ Cristianitos Canyon N/A -- -- X exempt
Pendleton
--------------------------------------------------------------------------------------------------------------------------------------------------------
32\2\ San Mateo Creek N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
33 Bravo One 45 -- -- X exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
34\1\ Bravo Two North N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
35 Bravo Two South N/A -- -- X exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
36 Alpha One/Bravo 44 -- -- -- N/A
Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
37\2\ Basilone/San Mateo N/A -- -- X exempt
Junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
38 Camp Horno 46 -- X -- exempt
47................
48................
49................
--------------------------------------------------------------------------------------------------------------------------------------------------------
39 Southeast of Horno 50 -- -- -- N/A
Summit
--------------------------------------------------------------------------------------------------------------------------------------------------------
40\1\ Top of Las Pulgas N/A -- -- -- N/A
Canyon/Roblar Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
41\2\ Top of Aliso Canyon/ N/A -- -- -- N/A
Roblar Rd
--------------------------------------------------------------------------------------------------------------------------------------------------------
42 Basilone/Roblar 51 -- -- -- N/A
Junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
43 East of I-5/South 67 -- -- -- N/A
of Las Flores 68................
Creek
--------------------------------------------------------------------------------------------------------------------------------------------------------
44\2\ Pilgrim Creek N/A -- -- X exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
45 Pueblitos Canyon N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
46\2\ West of Whelan Lake N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
47\2\ South of French N/A -- -- -- N/A
Creek
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64941]]
48\2\ South White Beach N/A -- -- X exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 Taylor\3\ 41 -- X -- 6d
Undeveloped parcel
between Darwin
properties.
Darwin Knolls and
Darwin Glen.
--------------------------------------------------------------------------------------------------------------------------------------------------------
50\2\ Arbor Creek/Colucci N/A X -- X 6e
--------------------------------------------------------------------------------------------------------------------------------------------------------
51 Mission View/Sierra 53 -- -- X 6c
Ridge
--------------------------------------------------------------------------------------------------------------------------------------------------------
52 Mesa Drive, SDG&E -- -- X 6b
Substation.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
53 Eternal Hills/Alta N/A -- -- X 6a
Creek Cornerstone
Community Church
/Oceanside Blvd &
El Camino Real.
--------------------------------------------------------------------------------------------------------------------------------------------------------
54\2\ Vista Pacific N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
55\2\ Buena Vista Creek N/A -- -- -- N/A
preserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
56 Calavera Heights N/A -- -- -- N/A
Mitigation Site
--------------------------------------------------------------------------------------------------------------------------------------------------------
57 Calavera Hills 23 -- -- X 7c
Village H
--------------------------------------------------------------------------------------------------------------------------------------------------------
58\2\ Calavera Hills -- -- -- N/A
Village X
--------------------------------------------------------------------------------------------------------------------------------------------------------
59 Letterbox Canyon - N/A ..................
Taylor Made\3\
-----------------------------------------
Letterbox Canyon - N/A -- X -- 7a
Salk/Fox-Miller\3\
-----------------------------------------
Letterbox Canyon - 16 ..................
Newton Business
Center
--------------------------------------------------------------------------------------------------------------------------------------------------------
x North of Carlsbad 14 -- -- -- extirpated
dragstrip
--------------------------------------------------------------------------------------------------------------------------------------------------------
60\2\ Carlsbad Oaks N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
61 Rancho Carrillo 22 -- X -- 7b
--------------------- -------------------------------------------------------------------------------
Rancho Santa Fe Rd -- -- -- N/A
North
--------------------------------------------------------------------------------------------------------------------------------------------------------
62 Rancho La Costa 33 -- X -- 7d
34................
--------------------------------------------------------------------------------------------------------------------------------------------------------
63 La Costa Town N/A -- -- -- N/A
Square
------------------------------------------------------------------------------------------------------------------------
Park View West/La 21 -- -- -- extirpated
Costa Ave & Rancho
Santa Fe Rd\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
64 Poinsettia N/A -- -- -- N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
x Shelley Property/ 32 -- -- -- extirpated
Olivenhein &
Rancho Santa Fe Rd
junction
--------------------------------------------------------------------------------------------------------------------------------------------------------
x Calle Tres Vistas 54 -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
x Vista 15 -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
x Brengle Terrace 18 -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64942]]
x Vista, east of 17 -- -- -- extirpated
South Melrose
Ave\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
x North of Carlsbad 13 -- -- -- extirpated
dragstrip
--------------------------------------------------------------------------------------------------------------------------------------------------------
x SSE of Buena, near 12 -- -- -- extirpated
Mission Rd & RR
tracks
--------------------------------------------------------------------------------------------------------------------------------------------------------
65 Rancho Santalina\3\ ..................
---------------------
Loma Alta 11 -- X -- 8b
---------------------
New Millennium ..................
--------------------- -------------------------------------------------------------------------------
Las Posas Road -- -- -- extirpated
Extension
Project\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
66 Grand Avenue/Las 36 X X -- 8d
Posas Rd pools\3\
-----------------------------------------
Upham/Pacific St/ 10 ..................
Superior Ready Mix.
--------------------------------------------------------------------------------------------------------------------------------------------------------
67\2\ Oleander/San Marcos N/A -- X -- 8f
Elementary\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
68\2\ Artesian Trails 70 -- -- X 12
--------------------
66 ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
x 4S Ranch\4\ N/A -- -- -- extirpated
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ California Department of Fish and Game, Natural Diversity Database
\2\ New occurrence since listing, but determined to be occupied at the time of listing
\3\ Partially translocated (some plants currently exist at the original location)
\4\ Completely translocated (no plants currently exist at the original location)
We identified habitat containing the features essential to the
conservation of Brodiaea filifolia by using data from the following GIS
databases: (1) Species occurrence information in Los Angeles, San
Bernardino, Orange, Riverside, and San Diego Counties from the CNDDB
and from survey reports; (2) vegetation data layers from Orange,
Riverside, and San Diego Counties and vegetation data layers from the
U.S. Forest Service's Cleveland National Forest for Los Angeles and San
Bernardino Counties; and (3) Natural Resources Conservation Service's
Soil Survey Geographic Database (SSURGO) soil data layers for Orange,
Riverside, and San Diego Counties, and State Soil Geographic Database
(STATSGO) soil data layers for Los Angeles and San Bernardino Counties.
Criteria Used
If occurrences and habitat areas met one or more of the following
criteria, they are proposed as critical habitat in this revised
critical habitat designation.
(1) The first criterion is any area that supports an occurrence in
rare or unique habitat within the species' range. We evaluated all
occurrences of Brodiaea filifolia under this criterion, regardless of
occurrence size. We identified four main factors that constitute rare
or unique habitat for B. filifolia:
(a) Occurrences in habitat types that are uncommon such as
grassland habitat that occurs intermixed with chaparral, grassland
habitat that is associated with vernal pools, or large areas of native
grassland;
(b) occurrences on uncommon soil types such as clay soils that are
altered by hydrothermal activity;
(c) occurrences that grow along ephemeral drainages in seep-type
habitats; and
(d) occurrences that grow in gravel, cobbles, and small boulder
substrate.
These four unique situations differ from the majority of
occurrences of this species, which are found on clay soils intermixed
with coastal sage scrub habitat. The conservation of Brodiaea filifolia
occurring in these rare or unique situations will preserve the
diversity of habitats where this species is found.
(2) The second criterion is any area that supports one of the
largest known populations of Brodiaea filifolia. Occurrences of this
species range from just a few plants to several thousand plants, while
the majority of the known occurrences are under 3,000 plants (see the
Background section for a discussion on how occurrences of B. filifolia
are grouped and counted). However, there are 13 occurrences that stand
out as the largest, each having greater than 3,000 plants. Occurrences
supporting large numbers of plants (3,000 or more) are noted in Table 1
and are found in the following areas:
(a) Los Angeles County, Subunit 1b-San Dimas;
(b) Riverside County, Subunit 11a-San Jacinto Wildlife Area,
Subunit 11c-Case Road, Subunit 11d-Railroad Canyon, Subunit, and 11f-
Santa Rosa Plateau -- Mesa de Colorado;
[[Page 64943]]
(c) Orange County, Unit 3-Aliso and Wood Canyon Wilderness Park,
and Subunit 4g-Cristianitos Canyon; and
(d) San Diego County, Subunit 6d-Taylor/Darwin, Subunit 7a-
Letterbox Canyon, Subunit 7b-Rancho Carrillo, Subunit 7d-Rancho La
Costa, Subunit 8d-Upham, and Subunit 8f-Oleander/San Marcos Elementary
(See Table 1).
These large occurrences are present in habitat areas that contain
the features essential to the conservation of this species. These areas
generally represent large contiguous blocks of intact habitat. The
conservation of these large populations will increase the resilience of
the species across its range and contribute to the overall recovery of
this species.
(3) The third criterion is any area that supports an occurrence
considered to be stable and persistent. We consider occurrences that
have between 850 and 3,000 flowering stems that have been observed in
multiple years to be stable and persistent because we expect these
occurrences to have a sufficient amount of corms to sustain the
occurrence for a number of years if the habitat remains unaltered.
These areas contribute to the conservation of Brodiaea filifolia
because they provide resilience for the species by minimizing the
effects on the species from the loss of any single occurrence, and the
conservation of these areas helps to maintain the diversity of habitat
where this species occurs. The conservation of these areas allows B.
filifolia to maintain its current geographic distribution. The
conservation of stable and persistent occurrences throughout the
species' range helps to maintain connectivity between occurrences that
are in proximity to one another and maintain potential gene flow. This
is particularly important for B. filifolia because this species relies
on outcrossing for successful reproduction.
To determine which areas met this criterion, we identified
occurrences with counts of between 850 and 3,000 flowering stalks that
had been observed in multiple years. Additionally, we looked at all
occurrences with fewer than 850 flowering stalks to determine if any of
these exhibited the same persistence and stability characteristics to
provide similar conservation value as the other identified occurrences
with greater than 850 flowering stalks (since the counts for an
occurrence vary from year to year). We found that one occurrence with
fewer than 850 flowering stalks (at the Arbor Creek/Colucci site)
exhibited characteristics of a stable, persistent occurrence (i.e.,
consistent size not substantially different than 850 flowering stalks);
therefore, this occurrence fulfills the ecological role of sites we are
interested in identifying through this criterion, even though the high
count at this site is 620 flowering stalks.
Of the 68 occurrences of Brodiaea filifolia that we identified as
being extant in our 5-year review for this species, 35 occurrences meet
one or more of the three criteria outlined above. Seven of these 35
occurrences are exempt from critical habitat under section 4(a)(3) of
the Act (see ``Exemptions Under Section 4(a)(3) of the Act''), the
remaining 28 occurrences are proposed as revised critical habitat.
Thirteen occurrences, of the 28 proposed occurrences, fit into one of
the four reasons that areas meet the ``rare or unique habitat''
criterion; 13 occurrences meet the ``largest occurrences'' criterion;
and 11 occurrences meet the ``stable and persistent occurrences''
criterion. These occurrences represent the historical range of the
species and are adequate to provide for this species' conservation.
Occurrences not identified in this process may still be important to
the conservation of this species, but without the conservation of the
occurrences identified through this process, the recovery effort for
this species may be impaired.
Other Factors Involved With Delineating Critical Habitat
Following the identification of 35 occurrences of the 68 extant
occurrences that met one of the 3 criteria listed above, we mapped the
area that contained the PCEs at each occurrence including the areas out
up to 820 ft (250 m) of mapped occurrences of Brodiaea filifolia to
provide adequate space to support the habitat and alternate food
sources needed for pollinators of B. filifolia (see ``Habitat for
Pollinators of Brodiaea filifolia'' section).
Areas that did not provide habitat for Brodiaea filifolia or
potential pollinators were removed from the 820-ft (250-m) zone of
mapped occurrences of B. filifolia, such as areas that were developed
or severely altered by grading. Our mapping methodology captures the
PCEs in the appropriate quantity and spatial arrangement essential to
the conservation of the species, and encompasses the range of
environmental variability for this species. Although a genetic analysis
of B. filifolia has not been conducted, these criteria likely capture
the full breadth of important habitat types and are expected to protect
the genetic variability of this species. The resulting 35 areas
constitute the areas we have determined contain the physical and
biological features essential to the conservation of B. filifolia and
meet the definition of critical habitat. Seven of the 35 areas are on
MCB Camp Pendleton and are exempt from this proposed revised rule under
section 4(a)(3) of the Act; the other 28 areas were mapped as the
proposed revised critical habitat for B. filifolia, and are described
in this document.
When determining the proposed revised critical habitat boundaries,
we made every effort to map precisely only the areas that contain the
PCEs and provide for the conservation of Brodiaea filifolia. However,
we cannot guarantee that every fraction of proposed revised critical
habitat contains the PCEs due to the mapping scale that we use to draft
critical habitat boundaries. Additionally, we made every attempt to
avoid including developed areas such as lands underlying buildings,
pavement, and other structures because such lands lack PCEs for B.
filifolia. The scale of the maps we prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of such developed lands. Any such lands inadvertently left
inside critical habitat boundaries shown on the maps of this proposed
revised critical habitat are excluded by text in this rule and are not
proposed for critical habitat designation. Therefore, Federal actions
involving these lands would not trigger section 7 consultation with
respect to critical habitat and the requirement of no adverse
modification, unless the specific actions may affect adjacent critical
habitat.
Summary of Changes From Previously Designated Critical Habitat
The areas identified in this rule constitute a proposed revision
from the areas we designated as critical habitat for Brodiaea filifolia
on December 13, 2005 (70 FR 73820). In cases where we have new
information or information that was not available for the previous
designation, we made changes to the critical habitat for B. filifolia
to ensure that this rule reflects the best scientific data available.
We made changes to the PCEs and our criteria used to identify critical
habitat. We incorporated information related to the taxonomy of the
species including the change in plant family for B. filifolia. We
redefined the boundaries of each subunit proposed as critical habitat
to more accurately reflect the areas that include the features that are
essential to the conservation of B. filifolia, and we analyzed new
distribution data that has become available to us following the 2005
designation. The Secretary is also considering whether to exercise his
[[Page 64944]]
discretion to exclude specific areas from the final designation under
section 4(b)(2) of the Act, including reconsidering areas excluded in
the prior designation, and we are seeking public comment (see Public
Comments section of this rule). Table 2 shows the progression of each
subunit of critical habitat from the 2004 proposed critical habitat to
this proposed revised critical habitat. Table 3 includes name changes
that we made for some of the subunits where the old names were
ambiguous or do not reflect the current name used to refer to these
areas; although the names of these units changed, the locations have
not changed. Following Tables 2 and 3, we provide a detailed
description of each change made in this proposed revised rule and point
to new information that precipitated the change.
TABLE 2. Size and evaluation of Units and Subunits for Brodiaea filifolia in 2004 proposed critical habitat
(pCH)
2005 final critical habitat (fCH), and 2009 proposed revised critical habitat (prCH), and a comparison of the
area considered to meet the definition of critical habitat between the 2005 fCH and 2009 prCH.
----------------------------------------------------------------------------------------------------------------
Change from fCH to
Unit/Subunit Number and Name 2004 pCH 2005 fCH 2009 prCH prCH
----------------------------------------------------------------------------------------------------------------
Unit 1: Los Angeles County
----------------------------------------------------------------------------------------------------------------
1a. Glendora 96 ac (39 ha) 96 ac (39 ha) 67 ac (27 ha) (-) 29 ac (12 ha)
----------------------------------------------------------------------------------------------------------------
1b. San Dimas 198 ac (80 ha) 198 ac (80 ha) 138 ac (56 ha) (-) 60 ac (24 ha)
----------------------------------------------------------------------------------------------------------------
Unit 2: San Bernardino County
----------------------------------------------------------------------------------------------------------------
2. Arrowhead Hot Springs 89 ac (36 ha) Not designated, 61 ac (25 ha) (+) 61 ac (25 ha)
wrong location
----------------------------------------------------------------------------------------------------------------
Unit 3: Central Orange County
----------------------------------------------------------------------------------------------------------------
3. Aliso Canyon 151 ac (61ha) Not designated, 113 ac (46 ha) (+) 113 ac (46 ha)
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 4: Southern Orange County
----------------------------------------------------------------------------------------------------------------
4a. Arroyo Trabuco 74 ac (30 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
4b. Caspers Wilderness Park 259 ac (105 ha) 259 ac (105 ha); 205 ac (83 ha) (-) 54 ac (22 ha)
Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/ 311 ac (126 ha) 311 ac (126 ha); 133 ac (54 ha) (-) 178 ac (72 ha)
Chiquita Ridgeline Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4d. Prima Deschecha 119 ac (48 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
4e. Forster Ranch 96 ac (39 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
4f. Talega/Segunda Deshecha 190 ac (77 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
4g. Cristianitos Canyon 588 ac (238 ha) 588 ac (238 ha); 587 ac (238 ha) (-) 1ac (0.4 ha)
Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
4h. Cristianitos Canyon South 72 ac (29 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
4i. Blind Canyon 151 ac (61 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 5: Northern San Diego County
----------------------------------------------------------------------------------------------------------------
5a. Miller Mountain 1,263 ac (511 ha) Not designated, Not proposed, only no change
mostly hybrid Brodiaea
plants santarosae
present
----------------------------------------------------------------------------------------------------------------
[[Page 64945]]
5b. Devil Canyon 264 ac (107ha) 249 ac (101 ha) 274 ac (111 ha) (+) 25 ac (10 ha)
----------------------------------------------------------------------------------------------------------------
Unit 6: Oceanside
----------------------------------------------------------------------------------------------------------------
6a. Alta Creek 49 ac (20 ha) Not designated, 72 ac (29 ha) (+) 72 ac (29 ha)
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
6b. Mesa Drive 5 ac (2 ha) 5 ac (2 ha); 17 ac (7 ha) (+) 12 ac (5 ha)
Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
6c. Oceanside East/Mission 64 ac (26 ha) Not designated, 12 ac (5 ha) (+) 12 ac (5 ha)
Avenue did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
6d. Taylor/Darwin 80 ac (32 ha) 36 ac (15 ha); 35 ac (14 ha) (-) 45 ac (18 ha)
Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
6e. Arbor Creek N/A N/A 94 ac (38 ha) (+) 94 ac (38 ha)
----------------------------------------------------------------------------------------------------------------
Unit 7: Carlsbad
----------------------------------------------------------------------------------------------------------------
7a. Fox-Miller (Letterbox 93 ac (38 ha) 93 ac (38 ha); 57 ac (23 ha) (-) 36 ac (15 ha)
Canyon) Excluded under
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
7b. Rancho Carrillo 32 ac (13 ha); Not designated, 37 ac (15 ha) (+) 37 ac (15 ha)
Excluded under did not meet the
section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
7c. Calvera Hills 84 ac (34 ha); 84 ac (34 ha); 71 ac (29 ha) (-) 13 ac (5 ha)
Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
7d. Villages of La Costa (Rancho 208 ac (84 ha); 208 ac (84 ha); 98 ac (40 ha) (-) 110 ac (45 ha)
La Costa) Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Carlsbad Oaks 113 ac (46 ha); 113 ac (46 ha); Not proposed, does (-) 113 ac (46 ha)
Excluded under Excluded under not meet the
section 4(b)(2) section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Carlsbad Highlands 70 ac (29 ha); 70 ac (29 ha); Not proposed, does (-) 70 ac (29 ha)
Excluded under Excluded under not meet the
section 4(b)(2) section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Poinsettia 54 ac (22 ha); 54 ac (22 ha); Not proposed, does (-) 54 ac (22 ha)
Excluded under Excluded under not meet the
section 4(b)(2) section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 8: San Marcos and Vista
----------------------------------------------------------------------------------------------------------------
8a. Rancho Santa Fe Road North 86 ac (35 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
8b. Rancho Santalina/Loma Alta 82 ac (33 ha) Not included under 47 ac (19 ha) (+) 47 ac (19 ha)
section 3(5)(a)
----------------------------------------------------------------------------------------------------------------
8c. Grand Avenue 10 ac (4 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
8d. Upham 117 ac (47 ha) 54 ac (22 ha) 54 ac (22 ha) no change
----------------------------------------------------------------------------------------------------------------
8e. Linda Vista 20 ac (8 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
8f. Oleander/San Marcos N/A N/A 7 ac (3 ha) (+) 7 ac (3 ha)
Elementary
----------------------------------------------------------------------------------------------------------------
[[Page 64946]]
Unit 9
----------------------------------------------------------------------------------------------------------------
9. Double LL Ranch 57 ac (23 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 10
----------------------------------------------------------------------------------------------------------------
10. Highland Valley 74 ac (30 ha) Not designated, N/A no change
did not meet the
definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 11: Western Riverside County
----------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area 512 ac (207 ha); 512 ac (207 ha); 401 ac (162 ha) (-) 110 ac (45 ha)
Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson 168 ac (68 ha); 168 ac (68 ha); 117 ac (47 ha) (-) 51 ac (21 ha)
Road Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11c. Case Road 373 ac (151 ha); 373 ac (151 ha); 180 ac (73 ha) (-) 193 ac (78 ha)
Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon 432 ac (175 ha); 432 ac (175 ha); 257 ac (104 ha) (-) 175 ac (71 ha)
Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe 131 ac (53 ha); 131 ac (53 ha); 145 ac (59 ha) (+) 14 ac (6 ha)
Pool) Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau -- Mesa 519 ac (210 ha); 519 ac (210 ha); 234 ac (95 ha) (-) 285 ac (115
de Colorado Excluded under Excluded under ha)
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Santa Rosa Plateau -- Tenaja Rd. 304 ac (123 ha); 304 ac (123 ha); Not proposed; only (-) 304 ac (123
Excluded under Excluded under Brodiaea ha)
section 4(b)(2) section 4(b)(2) santarosae
present
----------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau -- South 218 ac (88 ha); 218 ac (88 ha); 117 ac (47 ha) (-) 101 ac (41 ha)
of Tenaja Rd. Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau -- North 111 ac (45 ha); 111 ac (45 ha); 44 ac (18 ha) (-) 67 ac (27 ha)
of Tenaja Rd. Excluded under Excluded under
section 4(b)(2) section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
East of Tenaja Guard Station 218 ac (88 ha); 218 ac (88 ha); Not proposed, does (-) 218 ac (88 ha)
Excluded under Excluded under not meet the
section 4(b)(2) section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
N. End Redondo Mesa 77 ac (31 ha); 77 ac (31 ha); Not proposed, does (-) 77 ac (31 ha)
Excluded under Excluded under not meet the
section 4(b)(2) section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Corona (north) 74 ac (30 ha); Not designated, N/A no change
Excluded under did not meet the
section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Corona (south) 67 ac (27 ha); Not designated, N/A no change
Excluded under did not meet the
section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Moreno Valley 64 ac (26 ha); Not designated, N/A no change
Excluded under did not meet the
section 4(b)(2) definition of
critical habitat
----------------------------------------------------------------------------------------------------------------
Unit 12: Central San Diego County - Artesian Trails
----------------------------------------------------------------------------------------------------------------
12. Artesian Trails N/A N/A 109 ac (44 ha) (+) 109 ac (44 ha)
----------------------------------------------------------------------------------------------------------------
[[Page 64947]]
TOTAL FOR 8,486 ac (3,434 5,480 ac (2,218 3,786 ac (1,532 (-) 1,695 ac (686
NON-MILITARY LANDS.......... ha) ha) ha) ha)
----------------------------------------------------------------------------------------------------------------
MCB Camp Pendleton
----------------------------------------------------------------------------------------------------------------
Cristianitos Canyon Pendleton N/A N/A 190 ac (77 ha); (+) 190 ac (77 ha)
4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
Bravo One 121 ac (41 ha); 121 ac (41 ha); 143 ac (58 ha); (+) 22 ac (9 ha)
Excluded under 4(a)(3) exemption 4(a)(3) exemption
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
Bravo Two South N/A N/A 269 ac (109 ha); (+) 269 ac (109
4(a)(3) exemption ha)
----------------------------------------------------------------------------------------------------------------
Alpha One/Bravo Three 114 ac (46 ha); 114 ac (46 ha); Does not meet the (-) 114 ac (46 ha)
Excluded under 4(a)(3) exemption definition of
section 4(b)(2) critical habitat
----------------------------------------------------------------------------------------------------------------
Basilone/San Mateo Junction N/A N/A 163 ac (66 ha); (+) 163 ac (66 ha)
4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
Camp Horno 452 ac (183 ha); 452 ac (183 ha); 339 ac (137 ha); (-) 113 ac (46 ha)
Excluded under 4(a)(3) exemption 4(a)(3) exemption
section 4(b)(2)
----------------------------------------------------------------------------------------------------------------
SE Horno Summit 116 ac (47 ha); 116 ac (47 ha); Does not meet the (-) 116 ac (47 ha)
Excluded under 4(a)(3) exemption definition of
section 4(b)(2) critical habitat
----------------------------------------------------------------------------------------------------------------
Kilo One 114 ac (46 ha); 114 ac (46 ha); Does not meet the (-) 114 ac (46 ha)
Excluded under 4(a)(3) exemption definition of
section 4(b)(2) critical habitat
----------------------------------------------------------------------------------------------------------------
Pilgrim Creek N/A N/A 368 ac (149 ha); (+) 368 ac (149
4(a)(3) exemption ha)
----------------------------------------------------------------------------------------------------------------
South White Beach N/A N/A 59 ac (24 ha); (+) 59 ac (24 ha)
4(a)(3) exemption
----------------------------------------------------------------------------------------------------------------
TOTAL FOR MILITARY LANDS\3\ 917 ac (371 ha) 917 ac (371 ha); 1,531 ac (620 ha) (+) 614 ac (249
4(a)(3) exemption ha)
----------------------------------------------------------------------------------------------------------------
TOTAL AREA THAT MEETS (or 9,403 ac (3,805 6,397 ac (2,589 5,317 ac (2,152 (-) 1,080 ac (438
MET) THE DEFINITION OF ha) ha) ha) ha)
CRITICAL HABITAT
----------------------------------------------------------------------------------------------------------------
\1\This table does not include all locations that are occupied by Brodiaea filifolia. It includes only those
locations that have met the definition of critical habitat in this or one of the past proposed or final
critical habitat rules for B. filifolia.
\2\Values in this table may not sum due to rounding.
\3\Military Lands are exempt from this rule under section 4(a)(3) of the Act.
TABLE 3. Name changes from previous critical habitat to this proposed revised critical habitat.
----------------------------------------------------------------------------------------------------------------
Subunit number Previous name Current name Reason for change
----------------------------------------------------------------------------------------------------------------
6c Oceanside East/Mission Mission View/Sierra Not the eastern most
Ave Ridge occurrence in
Oceanside
----------------------------------------------------------------------------------------------------------------
7a Fox-Miller Letterbox Canyon Includes more
properties that just
Fox-Miller
----------------------------------------------------------------------------------------------------------------
7c Calavera Heights Calavera Hills Village New name is more
H specific
----------------------------------------------------------------------------------------------------------------
11b San Jacinto Floodplain San Jacinto Avenue/ New name is more
Dawson Road specific
----------------------------------------------------------------------------------------------------------------
11c Case Road Area Case Road New name is more
specific
----------------------------------------------------------------------------------------------------------------
[[Page 64948]]
(1) We refined the PCEs to more accurately define the physical and
biological features that are essential to the conservation of Brodiaea
filifolia. We added a new part under PCE 1 (PCE 1B) to more clearly
define the soils where B. filifolia occurs in San Bernardino County. We
added information to PCE 2 to indicate that land out up to 820 ft (250
m) from mapped occurrences contains the physical and biological
features essential to the conservation of B. filifolia because that
area provides habitat for insect species that pollinate B. filifolia
and allow this species to sexually reproduce. This information was
discussed in the 2005 final critical habitat; however, it was not
specifically included in the PCEs.
(2) We revised the criteria used to identify critical habitat. We
started by using the basic criteria used in the 2005 final critical
habitat designation. However, in this proposed revised critical habitat
we gathered new data available since the publication of the 2005 rule
and reevaluated all of the Brodiaea filifolia data available to ensure
that this proposed rule reflected the best available science. With the
additional data and our reevaluation of the available data, some of our
conclusions were different than those we made in the 2005 critical
habitat designation. As a result, some areas identified as meeting the
definition of critical habitat in the 2005 designation are not included
in this proposed rule (such as areas on Santa Rosa Plateau that support
B. santarosae instead of B. filifolia and areas in the City of Carlsbad
that contain smaller occurrences of B. filifolia that did not meet any
of our three criteria), and other areas were included in this proposed
rule that were not identified as meeting the definition of critical
habitat in the 2005 designation (such as areas in existence at the time
of listing, but not evaluated or included due to lack of surveys for B.
filifolia). We described the steps that we used to identify and
delineate the areas that we are proposing as critical habitat in more
detail compared to the 2005 critical habitat designation to ensure that
the public better understands why the areas are being proposed as
critical habitat.
(3) We improved our mapping methodology to more accurately define
those areas that possess the physical and biological features essential
to the conservation of the species and to more precisely draw critical
habitat boundaries. This proposed revised rule identifies 1,695 (686
ha) considered to contain the features essential to the conservation of
Brodiaea filifolia less than we identified in the 2005 rule (this
calculation does not include the changes made on military lands exempt
under section 4(a)(3) of the Act, see Table 2). This reduction is
primarily due to our attempt to better represent the areas that contain
the physical and biological features essential to the conservation of
B. filifolia. In the 2005 final rule, we used a 100-meter grid
resolution to delineate critical habitat. In this proposed revised
rule, we did not use the 100-meter grid mapping methodology. Instead we
directly mapped the areas containing the PCEs. We believe the result is
a more precise mapping of the proposed critical habitat. However, we
acknowledge that there still may be some areas mapped as critical
habitat that do not contain the PCEs due to mapping, data, and resource
constraints.
(4) In the 2005 rule, we excluded subunits under section 4(b)(2) of
the Act within the planning boundaries for: (a) The Orange County
Southern Subregion HCP, (b) the draft City of Oceanside Subarea Plan
and the City of Carlsbad's HMP under the MHCP, (c) the Villages of La
Costa HCP, and (d) the Western Riverside County MSHCP (see Table 2 for
the specific subunits excluded). In this proposed revised critical
habitat rule, we identified several areas we are considering for
exclusion under section 4(b)(2) of the Act, as follows: (a) The Orange
County Southern Subregion HCP, (b) the City of Carlsbad's HMP under the
MHCP (which includes the Villages of La Costa Habitat Conservation
Plan), (c) the Western Riverside County MSHCP, and (d) the City and
County of San Diego Subarea Plans under the MSCP (see the Areas
Considered for Exclusion Under Section 4(b)(2) of the Act section). The
Villages of La Costa HCP is included within (considered part of) the
City of Carlsbad's HMP under the MHCP; therefore, all proposed critical
habitat that overlaps with the Villages of La Costa HCP is being
considered for exclusion under the City of Carlsbad's HMP. We are
currently not considering the exclusion of critical habitat within the
area covered by the draft City of Oceanside Subarea Plan (which was
excluded previously). The exclusions in the final revised critical
habitat designation could differ from the exclusions we made in the
2005 final critical habitat designation.
(5) New information resulted in additional areas being identified
as meeting the definition of critical habitat for Brodiaea filifolia.
First, we added two areas that are newly discovered to support
occurrences of B. filifolia; however, we believe that these areas were
occupied at the time of listing (Subunit 8f and Unit 12). Second, we
have new information on four areas containing substantial occurrences
that were proposed as critical habitat in 2004 but not designated in
the 2005 final rule because at that time the data did not indicate
these areas were substantial occurrences (Unit 3 and Subunits 6a, 6c,
and 7b). We now have information, mostly in the form of updated
surveys, indicating that these areas contain substantial occurrences of
B. filifolia and meet the definition of critical habitat (see Criteria
2 above under the ``Criteria Used To Identify Critical Habitat''
section). Third, we added two areas where the previously identified
subunits were placed in the wrong locations and did not contain the
actual occurrences of B. filifolia that they were intended to contain
(Unit 2 and Subunit 11e); we have now identified and mapped the correct
areas. Fourth, we added land to seven proposed subunits where new
survey data indicated these lands contain the physical and biological
features essential to the conservation of B. filifolia (Subunits 4g,
5b, 6a, 6b, 7a, 11a, and 11f).
(6) New information also resulted in the removal of areas
previously identified as meeting the definition of critical habitat for
Brodiaea filifolia. First, ten areas identified as meeting the
definition of critical habitat in the 2004 proposed rule are not
proposed in this revision of critical habitat. The best available
scientific and commercial data indicates that these occurrences do not
meet the criteria in this proposed rule to identify areas containing
the essential physical and biological features (Carlsbad Oaks, Carlsbad
Highlands, Poinsettia, East of Tenaja Guard Station, North end of
Redondo Mesa, three areas on Marine Corps Base Camp Pendleton, Unit 9/
Double LL Ranch, and Unit 10/Highland Valley). Second, we are not
proposing two areas where the new species of Brodiaea, B. santarosae,
was found and no B. filifolia was found (Santa Rosa Plateau -- Tenaja
Rd. and Subunit 5a/Miller Mountain). These areas were thought to
contain both pure B. filifolia and hybrid B. filifolia in the past;
however, current data indicates that these areas only contain B.
santarosae. Third, in 14 proposed subunits we are not proposing
specific areas that previously (in the 2005 rule) met the definition of
critical habitat because these specific areas do not contain the
physical and biological features essential to the conservation of B.
filifolia (portions of Subunits 1a, 1b, 4b, 4c, 4g, 6c, 6d, 7c, 7d,
11a, 11b, 11c, 11d, and 11f). More information about
[[Page 64949]]
the units and subunits that contain the physical and biological
features essential to the conservation of B. filifolia and are proposed
as revised critical habitat are described in greater detail in the
Proposed Revised Critical Habitat Designation section.
Proposed Revised Critical Habitat Designation
We are proposing 3,786 ac (1,532 ha) in 10 units, subdivided into
28 subunits as revised critical habitat for Brodiaea filifolia. The
unit numbers in this proposed rule correspond to those used in the 2004
proposed rule and the 2005 final rule; however, Units 9 and 10 are not
proposed and Units 11 and 12 are new to this proposed rule. Unit 11
represents lands in Riverside County excluded from the 2005 designation
of critical habitat and Unit 12 represents the Artesian Trails area in
San Diego County that is now included based on new data on occurrences
in this area. To minimize confusion with the previous proposal and
designation we are not using Unit numbers 9 and 10 in this rule (see
Table 2 and Summary of Changes From Previously Designated Critical
Habitat section).
The areas we describe below constitute our best assessment at this
time of areas that meet the definition of critical habitat for Brodiaea
filifolia. These areas constitute our best assessment of areas
determined to be within the geographical area occupied at the time of
listing that contain the physical and biological features essential to
the conservation of B. filifolia that may require special management
considerations or protection. We are not proposing any areas outside
the geographical area occupied by the species at the time of listing
because we determined that the lands we are proposing as critical
habitat are adequate to ensure conservation of B. filifolia. The lands
proposed as revised critical habitat represent a subset of the total
lands occupied by B. filifolia. Table 4 identifies the approximate area
of each proposed critical habitat subunit by land ownership. These
subunits, which generally correspond to the geographic area of the
subunits delineated in the 2005 designation (see Table 2 for a detailed
comparison of this proposed rule and the 2005 designation), if
finalized, will replace the current critical habitat designation for B.
filifolia in 50 CFR 17.96(a).
TABLE 4. Area estimates in acres (ac) and hectares (ha), and land ownership for Brodiaea filifolia proposed revised critical habitat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ownership
Location ---------------------------------------------------------------------------------------------- Total Area\2\
Federal State Government Local Government Private
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 1: Los Angeles County
--------------------------------------------------------------------------------------------------------------------------------------------------------
1a. Glendora 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 67 ac (27 ha) 67 ac (27 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1b. San Dimas 13 ac (5 ha) 0 ac (0 ha) 0 ac (0 ha) 125 ac (51 ha) 138 ac (56 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 2: San Bernardino County
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Arrowhead Hot Springs 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 61 ac (25 ha) 61 ac (25 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 3: Central Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Aliso Canyon 0 ac (0 ha) 0 ac (0 ha) 113 ac (46 ha) 0 ac (0 ha) 113 ac (46 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 4: Southern Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
4b. Caspers Wilderness Park 0 ac (0 ha) 0 ac (0 ha) 185 ac (75 ha) 20 ac (8 ha) 205 ac (83 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/ 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 133 ac (54 ha) 133 ac (54 ha)
Chiquita Ridgeline
--------------------------------------------------------------------------------------------------------------------------------------------------------
4g. Cristianitos Canyon 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 587 ac (238 ha) 587 ac (238 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 5: Northern San Diego County
--------------------------------------------------------------------------------------------------------------------------------------------------------
5b. Devil Canyon 266 ac (108 ha) 0 ac (0 ha) 0 ac (0 ha) 8 ac (3 ha) 274 ac (111ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 6: Oceanside
--------------------------------------------------------------------------------------------------------------------------------------------------------
6a. Alta Creek 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 72 ac (29 ha) 72 ac (29 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6b. Mesa Drive 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 17 ac (7 ha) 17 ac (7 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6c. Mission View/Sierra Ridge 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 12 ac (5 ha) 12 ac (5 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6d. Taylor/Darwin 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 35 ac (14 ha) 35 ac (14 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6e. Arbor Creek 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 94 ac (38 ha) 94 ac (38 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 64950]]
Unit 7: Carlsbad
--------------------------------------------------------------------------------------------------------------------------------------------------------
7a. Letterbox Canyon 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 57 ac (23 ha) 57 ac (23 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7b. Rancho Carrillo 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 37 ac (15 ha) 37 ac (15 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7c. Calavera Hills Village H 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 71 ac (29 ha) 71 ac (29 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
7d. Rancho La Costa 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 98 ac (40 ha) 98 ac (40 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 8: San Marcos and Vista
--------------------------------------------------------------------------------------------------------------------------------------------------------
8b. Rancho Santalina/Loma Alta 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 47 ac (19 ha) 47 ac (19 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
8d. Upham 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 54 ac (22 ha) 54 ac (22 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
8f. Oleander/San Marcos 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 7 ac (3 ha) 7 ac (3 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 9: Double LL Ranch - No longer proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 10: Highland Valley - No longer proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 11: Western Riverside County
--------------------------------------------------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area 0 ac (0 ha) 385 ac (156 ha) 0 ac (0 ha) 16 ac (6 ha) 401 ac (162 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha) 117 ac (47 ha)
Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
11c. Case Road 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 180 ac (73 ha) 180 ac (73 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon 53 ac (21 ha) 0 ac (0 ha) 0 ac (0 ha) 205 ac (83 ha) 257 ac (104 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe Pool) 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 145 ac (59 ha) 145 ac (59 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa de 0 ac (0 ha) 221 ac (89 ha) 5 ac (2 ha) 8 ac (3 ha) 234 ac (95 ha)
Colorado
--------------------------------------------------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau - South of 0 ac (0 ha) 117 ac (47 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha)
Tenaja Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau - North of 0 ac (0 ha) 44 ac (18 ha) 0 ac (0 ha) 0 ac (0 ha) 44 ac (18 ha)
Tenaja Road
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit 12: Central San Diego County - Artesian Trails
--------------------------------------------------------------------------------------------------------------------------------------------------------
12. Artesian Trails 0 ac (0 ha) 0 ac (0 ha) 0 ac (0 ha) 109 ac (44 ha) 109 ac (44 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total \2\ 332 ac (134 ha) 766 ac (310 ha) 303 ac (123 ha) 2,385 ac (965 ha) 3,786 ac (1,532 ha)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 1,531 ac (620 ha) of federally owned land on MCB Camp Pendleton is exempt from this critical habitat (see Exemptions Under Section 4(a)(3) of the
Act section).
\2\ Values in this table may not sum due to rounding.
Presented below are brief descriptions of all subunits and reasons
why they meet the definition of critical habitat for Brodiaea
filifolia. The subunits are listed in order geographically north to
south and west to east.
Unit 1: Los Angeles County
Unit 1 is located in Los Angeles County and consists of two
subunits totaling 206 ac (83 ha). This unit contains 13 ac (5 ha) of
federally owned land and 192 ac (78 ha) of private land.
Subunit 1a: Glendora
Subunit 1a consists of 67 ac (27 ha) of private land in the City of
Glendora,
[[Page 64951]]
in the foothills of the San Gabriel Mountains in Los Angeles County.
Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a
type of silty loam, and consist primarily of northern mixed chaparral
and coastal sage scrub habitat. Subunit 1a contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including sandy loam
soils (PCE 1E) and areas with a natural, generally intact surface and
subsurface soil structure that support B. filifolia and pollinator
habitat (PCE 2); (2) supports a rare or unique occurrence, representing
one of two occurrences located in the foothills of the San Gabriel
Mountains part of the Transverse Ranges where the species was
historically found; and (3) supports a stable, persistent occurrence.
The site is owned and managed by the Glendora Community Conservancy
(GCC). The GCC has expressed interest in creating a management plan for
their land; however, the plan has not been completed at this time. The
physical and biological features essential to the conservation of the
species in this subunit may require special management considerations
or protection to address threats from nonnative invasive plants. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations.
Subunit 1b: San Dimas
Subunit 1b consists of 13 ac (5 ha) Federal land (Angeles National
Forest) and 125 ac (51 ha) of private land near the City of San Dimas
in the foothills of the San Gabriel Mountains in Los Angeles County.
Lands within this subunit contain Cieneba-Exchequer-Sobrante soils, a
type of silty loam, and consist primarily of northern mixed chaparral
and coastal sage scrub habitat. Subunit 1b contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including sandy loam
soils (PCE 1E) and areas with a natural, generally intact surface and
subsurface soil structure that support B. filifolia and pollinator
habitat (PCE 2); (2) supports a rare or unique occurrence, representing
one of two occurrences located in the foothills of the San Gabriel
Mountains part of the Transverse Ranges where the species was
historically found; and (3) supports an occurrence of at least 6,000
individuals of B. filifolia, as documented in 1990 (CNDDB 2009, p. 37).
The physical and biological features essential to the conservation of
the species in this subunit may require special management
considerations or protection to address threats from urban development
on private lands, including minimizing disturbance to the surface and
subsurface structure. Please see the ``Special Management
Considerations or Protection'' section of this proposed rule for a
discussion of the threats to B. filifolia habitat and potential
management considerations.
Unit 2: San Bernardino County - Arrowhead Hot Springs
Unit 2 is located in San Bernardino County and consists of 61 ac
(25 ha) of private land at the southwestern base of the San Bernardino
Mountains. This unit was not included in the 2005 final critical
habitat designation but is included in this proposed rule based on new
information related to the distribution of Brodiaea filifolia. Lands
within this unit contain Cieneba-rock outcrop complex and Ramona
family-Typic Xerothents soils altered by hydrothermal activity, some of
which are considered alluvial, and consist primarily of coastal sage
scrub habitat. Unit 2 contains the physical and biological features
essential to the conservation of B. filifolia because it (1) contains
the PCEs for B. filifolia, including soils altered by hydrothermal
activity (PCE 1B) and areas with a natural, generally intact surface
and subsurface soil structure that support B. filifolia and pollinator
habitat (PCE 2); (2) supports a rare or unique occurrence, representing
the only occurrence of this plant in the foothills of the San
Bernardino Mountains part of the Transverse Ranges where the species
was historically found, and representing the type locality for B.
filifolia (Niehaus 1971, p. 57; CNDDB 2009, p. 7); and (3) supports a
stable, persistent occurrence. The physical and biological features
essential to the conservation of the species in this subunit may
require special management considerations or protection to address
threats from nonnative invasive plants. Please see the ``Special
Management Considerations or Protection'' section of this proposed rule
for a discussion of the threats to B. filifolia habitat and potential
management considerations.
Unit 3: Central Orange County - Aliso Canyon
Unit 3 is located in central Orange County and consists of 113 ac
(46 ha) of local government land in Aliso and Wood Canyons Wilderness
Park, in the City of Laguna Niguel, southwestern Orange County. This
unit was not included in the 2005 final critical habitat designation
but is included in this proposed rule based on new information related
to the distribution of Brodiaea filifolia. Lands within this unit
contain clay loam or other types of loam and consist of annual and
needlegrass grassland. Unit 3 contains the physical and biological
features essential to the conservation of B. filifolia because it (1)
contains the PCEs for B. filifolia, including loamy soils underlain by
a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports an occurrence of at least
5,000 individuals of B. filifolia, as documented in 2001 (CNDDB 2009,
p. 51). Although this occurrence is protected from urban development as
part of Aliso and Wood Canyons Wilderness Park, these lands are managed
for recreational use and not specifically for the conservation of B.
filifolia. The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from fuel
management activities (annual mowing) and pipeline work. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations.
Unit 4: Southern Orange County
Unit 4 is located in southern Orange County and consists of three
subunits totaling 925 ac (374 ha). This unit contains 185 ac (75 ha) of
local government land and 740 ac (299 ha) of private land.
Subunit 4b: Caspers Wilderness Park
Subunit 4b consists of 185 ac (75 ha) of local government land in
Caspers Wilderness Park and 20 ac (8 ha) of private land in the City of
San Juan Capistrano, in the southwestern region of the Santa Ana
Mountains, southern Orange County. Lands within this proposed subunit
contain clay loam, sandy loam, or rocky outcrop, and consist primarily
of grassland and sagebrush-buckwheat scrub habitat. Subunit 4b contains
the physical and biological features essential to the conservation of
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia,
including clay soils and loamy soils underlain by a clay subsoil (PCE
1A), and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); and (2) supports a stable, persistent occurrence.
[[Page 64952]]
This subunit is located in the foothills of the Santa Ana Mountains and
represents the highest elevation and northernmost occurrence in Orange
County. Ninety percent of this occurrence is protected from urban
development as part of Caspers Wilderness Park; these lands will be
managed and monitored in accordance with the Orange County Southern
Subregion HCP for conservation of B. filifolia. The physical and
biological features essential to the conservation of the species in
this subunit may require special management considerations or
protection to address threats from nonnative invasive plants. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations. We are considering the
portion of this subunit owned by Orange County at Caspers Wilderness
Park (185 ac (75 ha)) for exclusion under section 4(b)(2) of the Act
because this subunit is within the area addressed by the Orange County
Southern Subregion HCP; please see the Areas Considered for Exclusion
Under Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Subunit 4c: Ca[ntilde]ada Gobernadora/Chiquita Ridgeline
Subunit 4c consists of 133 ac (54 ha) of private land in and around
Ca[ntilde]ada Gobernadora on Rancho Mission Viejo in southern Orange
County. Lands within this subunit contain clay, clay loam, or sandy
loam and consist primarily of dry-land agriculture and sagebrush-
buckwheat scrub habitat. Subunit 4c contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including clay soils
and loamy soils underlain by a clay subsoil (PCE 1A), and areas with a
natural, generally intact surface and subsurface soil structure that
support B. filifolia and pollinator habitat (PCE 2); and (2) supports a
stable, persistent occurrence. The physical and biological features
essential to the conservation of the species in this subunit may
require special management considerations or protection to address
threats from the indirect effects associated with urban development.
Please see the ``Special Management Considerations or Protection''
section of this proposed rule for a discussion of the threats to B.
filifolia habitat and potential management considerations. We are
considering this subunit for exclusion under section 4(b)(2) of the Act
because this subunit is within the area addressed by the Orange County
Southern Subregion HCP; please see the Areas Considered for Exclusion
Under Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Subunit 4g: Cristianitos Canyon
Subunit 4g consists of 587 ac (238 ha) of privately owned land in
Cristianitos Canyon on Rancho Mission Viejo in southern Orange County.
Lands within this subunit are underlain by clay and sandy loam soils
and consist primarily of annual grassland and needlegrass grassland.
Subunit 4g contains the physical and biological features essential to
the conservation of Brodiaea filifolia because it (1) contains the PCEs
for B. filifolia, including clay soils and loamy soils underlain by a
clay subsoil (PCE 1A), and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); (2) supports an occurrence in rare and
unique habitat, representing one of the few places where this species
occurs in needlegrass grassland in Orange County; and (3) supports an
occurrence of at least 6,505 individuals of B. filifolia, as documented
in 2003 (Dudek and Associates, Inc. 2006, Chapter 3 pp. 73-74, 83;
Service 2007, pp. 149-150). The physical and biological features
essential to the conservation of the species in this subunit may
require special management considerations or protection to address
threats from the indirect effects associated with urban development.
Please see the ``Special Management Considerations or Protection''
section of this proposed rule for a discussion of the threats to B.
filifolia habitat and potential management considerations. We are
considering this subunit for exclusion under section 4(b)(2) of the Act
because this subunit is within the area addressed by the Orange County
Southern Subregion HCP; please see the Areas Considered for Exclusion
Under Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Unit 5: Northern San Diego County - Devil Canyon
Subunit 5b consists of 266 ac (108 ha) Federal land (Cleveland
National Forest) and 8 ac (3 ha) of private land in northern San Diego
County. Lands within this subunit contain Cieneba Very Rocky Coarse
Sandy Loam, Fallbrook Sandy Loam, and Cieneba Coarse Sandy Loam soils
and consist primarily of chaparral and oak woodland vegetation. Subunit
5b contains the physical and biological features essential to the
conservation of Brodiaea filifolia because it (1) contains the PCEs for
B. filifolia, including sandy loam soils (PCE 1E) and areas with a
natural, generally intact surface and subsurface soil structure that
support B. filifolia and pollinator habitat (PCE 2); (2) supports an
occurrence in rare and unique habitat, representing one of the few
places where this species occurs in a drainage in oak woodland habitat
and occurring in unusual seeps and drainages on low granitic outcrops;
and (3) supports a stable, persistent occurrence. The Cleveland
National Forest does not currently have a management plan specific to
B. filifolia; however, timing of cattle grazing has been adjusted to
avoid the flowering period for the species (Winter 2004, pers. comm.).
The physical and biological features essential to the conservation of
the species in this subunit may require special management
considerations or protection to address threats from nonnative invasive
plants. Please see the ``Special Management Considerations or
Protection'' section of this proposed rule for a discussion of the
threats to B. filifolia habitat and potential management
considerations.
Unit 6: Oceanside, San Diego County
Unit 6 is located in Oceanside, San Diego County and consists of
five subunits totaling 231 ac (93 ha) of private land.
Subunit 6a: Alta Creek
Subunit 6a consists of 72 ac (29 ha) of private land in the City of
Oceanside, in northern coastal San Diego County. This subunit was not
included in the 2005 final critical habitat designation but is included
in this proposed rule based on new information related to the
distribution of Brodiaea filifolia. Lands within this subunit contain
fine sandy loam, loam, or loamy fine sand and consist primarily of
coastal sage scrub habitat. Subunit 6a contains the physical and
biological features essential to the conservation of B. filifolia
because it (1) contains the PCEs for B. filifolia, including loamy
soils underlain by a clay subsoil (PCE 1A) and areas with a natural,
generally intact surface and subsurface soil structure that support B.
filifolia and pollinator habitat (PCE 2); and (2) supports a stable,
persistent occurrence. The physical and biological features essential
to the conservation of the species in this subunit may require special
management considerations or protection to address threats from the
[[Page 64953]]
indirect effects associated with urban development. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations.
Subunit 6b: Mesa Drive
Subunit 6b consists of 17 ac (7 ha) of private land in the City of
Oceanside, in northern coastal San Diego County. Lands within this
subunit contain loamy fine sands and consist primarily of grassland
habitat. Subunit 6b contains the physical and biological features
essential to the conservation of Brodiaea filifolia because it (1)
contains the PCEs for B. filifolia, including loamy soils underlain by
a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports a stable, persistent
occurrence. The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from the
indirect effects associated with urban development and habitat
disturbance on local government lands (Roberts 2005, pp. 1-3). Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations.
Subunit 6c: Mission View/ Sierra Ridge
Subunit 6c consists of 12 ac (5 ha) of private land in the City of
Oceanside, in northern coastal San Diego County. This subunit was not
included in the 2005 final critical habitat designation but is included
in this proposed rule based on new information related to the
distribution of Brodiaea filifolia. Lands within this subunit contain
fine loamy sands and consist primarily of coastal sage scrub habitat.
Subunit 6c contains the physical and biological features essential to
the conservation of B. filifolia because it (1) contains the PCEs for
B. filifolia, including loamy soils underlain by a clay subsoil (PCE
1A) and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); and (2) supports a stable, persistent occurrence. The physical and
biological features essential to the conservation of the species in
this subunit may require special management considerations or
protection to address threats from the indirect effects associated with
urban development. Please see the ``Special Management Considerations
or Protection'' section of this proposed rule for a discussion of the
threats to B. filifolia habitat and potential management
considerations.
Subunit 6d: Taylor/Darwin
Subunit 6d consists of 35 ac (14 ha) of private land in the City of
Oceanside, in northern coastal San Diego County. Lands within this
subunit contain clay soil and fine loamy sands and consist primarily of
annual and needlegrass grassland. Subunit 6d contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including loamy
soils underlain by a clay subsoil (PCE 1A) and areas with a natural,
generally intact surface and subsurface soil structure that support B.
filifolia and pollinator habitat (PCE 2); and (2) supports an
occurrence of at least 6,200 individuals of B. filifolia, as documented
in 2005 (CNDDB 2009, p. 38). The site is conserved and will not be
developed (Helix Environmental Planning, Inc. 2004, p. 5-13). The
physical and biological features essential to the conservation of the
species in this subunit may require special management considerations
or protection to address threats from nonnative invasive plants. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations.
Subunit 6e: Arbor Creek/Colucci
Subunit 6e consists of 94 ac (38 ha) of private land in the City of
Oceanside, in northern coastal San Diego County. This subunit was not
included in the 2005 final critical habitat designation but is included
in this proposed rule based on new information related to the
distribution of Brodiaea filifolia. Lands within this subunit contain
clay soil and fine loamy sands and consist primarily of annual and
needlegrass grassland. Subunit 6e contains the physical and biological
features essential to the conservation of B. filifolia because it (1)
contains the PCEs for B. filifolia, including loamy soils underlain by
a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports a stable, persistent
occurrence, which occurs in the largest continuous block of grassland
habitat remaining in City of Oceanside. The physical and biological
features essential to the conservation of the species in this subunit
may require special management considerations or protection to address
threats from nonnative invasive plants and urban development. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations.
Unit 7: Carlsbad, San Diego County
Unit 7 is located in Carlsbad, San Diego County and consists of
four subunits totaling 263 ac (106 ha) of private land.
Subunit 7a: Letterbox Canyon
Subunit 7a consists of 57 ac (23 ha) of private land in the City of
Carlsbad, in northern coastal San Diego County. Lands within this
subunit contain heavy clay soils and consist primarily of annual
grassland. Subunit 7a contains the physical and biological features
essential to the conservation of Brodiaea filifolia because it (1)
contains the PCEs for B. filifolia, including loamy soils underlain by
a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports an occurrence of at least
39,500 individuals of B. filifolia, as documented in 2005 (CNDDB 2009,
p. 15). The site is conserved and will be managed and monitored in
perpetuity (Service and CDFG 2005, p. 1). The physical and biological
features essential to the conservation of the species in this subunit
may require special management considerations or protection to address
threats from the indirect effects associated with urban development.
Please see the ``Special Management Considerations or Protection''
section of this proposed rule for a discussion of the threats to B.
filifolia habitat and potential management considerations. We are
considering this subunit for exclusion under section 4(b)(2) of the Act
because this subunit is within the area addressed by the Carlsbad HMP
under the MHCP; please see the Areas Considered for Exclusion Under
Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Subunit 7b: Rancho Carrillo
Subunit 7b consists of 37 ac (15 ha) of private land in the City of
Carlsbad, in northern coastal San Diego County. This subunit was not
included in the 2005 final critical habitat designation but is included
in this proposed rule based on new information related to the
distribution of Brodiaea filifolia. Lands
[[Page 64954]]
within this subunit contain clay or sandy loam soils and consist
primarily of annual grasslands and coastal sage scrub habitat. Subunit
7b contains the physical and biological features essential to the
conservation of B. filifolia because it (1) contains the PCEs for B.
filifolia, including loamy soils underlain by a clay subsoil (PCE 1A)
and areas with a natural, generally intact surface and subsurface soil
structure that support B. filifolia and pollinator habitat (PCE 2); and
(2) supports an occurrence of at least 797,000 individuals of B.
filifolia, as documented in 2005 (this estimate was of vegetative
plants and not flowering plants) (Scheidt and Allen 2005, p. 1). The
physical and biological features essential to the conservation of the
species in this subunit may require special management considerations
or protection to address threats from the indirect effects associated
with urban development and nonnative invasive plants. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations. We are considering this
subunit for exclusion under section 4(b)(2) of the Act because this
subunit is within the area addressed by the Carlsbad HMP under the
MHCP; please see the Areas Considered for Exclusion Under Section
4(b)(2) of the Act section of this proposed rule for a discussion about
our consideration to exclude this area.
Subunit 7c: Calavera Hills Village H
Subunit 7c consists of 71 ac (29 ha) of private land in the City of
Carlsbad, in northern coastal San Diego County. Lands within this
subunit contain clay soil and consist primarily of annual and
needlegrass grassland. Subunit 7c contains the physical and biological
features essential to the conservation of Brodiaea filifolia because it
(1) contains the PCEs for B. filifolia, including loamy soils underlain
by a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports a stable, persistent
occurrence of at least 2,243 plants, as documented in 2008 (McConnell
2008, p. 9). The site is conserved and will not be developed (Planning
Systems 2002, pp. 8-9). The physical and biological features essential
to the conservation of the species in this subunit may require special
management considerations or protection to address threats from
nonnative invasive plants. Please see the ``Special Management
Considerations or Protection'' section of this proposed rule for a
discussion of the threats to B. filifolia habitat and potential
management considerations. We are considering this subunit for
exclusion under section 4(b)(2) of the Act because this subunit is
within the area addressed by the Carlsbad HMP under the MHCP; please
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act
section of this proposed rule for a discussion about our consideration
to exclude this area.
Subunit 7d: Rancho La Costa
Subunit 7d consists of 98 ac (40 ha) of private land in the City of
Carlsbad, in northern coastal San Diego County. Lands within this
subunit contain clay soil and consist primarily of annual and
needlegrass grassland. Subunit 7d contains the physical and biological
features essential to the conservation of Brodiaea filifolia because it
(1) contains the PCEs for B. filifolia, including loamy soils underlain
by a clay subsoil (PCE 1A) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports an occurrence of at least
13,445 individuals of B. filifolia, as documented in 2008 (CNDDB 2009,
p. 30). The site is conserved and will not be developed (Center for
Natural Lands Management 2005, pp. 1-5). The physical and biological
features essential to the conservation of the species in this subunit
may require special management considerations or protection to address
threats from nonnative invasive plants. Please see the ``Special
Management Considerations or Protection'' section of this proposed rule
for a discussion of the threats to B. filifolia habitat and potential
management considerations. We are considering this subunit for
exclusion under section 4(b)(2) of the Act because this subunit is
within the area addressed by the Carlsbad HMP under the MHCP; please
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act
section of this proposed rule for a discussion about our consideration
to exclude this area.
Unit 8: San Marcos, San Diego County
Unit 8 is located in San Marcos, northern San Diego County and
consists of three subunits totaling 108 ac (44 ha) of private land.
Subunit 8b: Rancho Santalina/Loma Alta
Subunit 8b consists of 47 ac (19 ha) of private land in the City of
San Marcos, northern San Diego County. This subunit was not included in
the 2005 final critical habitat designation but is included in this
proposed rule based on new information related to the distribution of
Brodiaea filifolia. Lands within this subunit contain clay, loam, or
loamy fine sand soils and consist primarily of annual and needlegrass
grassland. Subunit 8b contains the physical and biological features
essential to the conservation of B. filifolia because it (1) contains
the PCEs for B. filifolia, including loamy soils underlain by a clay
subsoil (PCE 1A) and areas with a natural, generally intact surface and
subsurface soil structure that support B. filifolia and pollinator
habitat (PCE 2); and (2) supports an occurrence of at least 5,552
individuals of B. filifolia, as documented in 2000, and approximately
12,000 B. filifolia corms were transplanted to the area in 2004 (CNDDB
2009, p. 10). The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from the
indirect effects associated with urban development, unauthorized
recreational activities, and nonnative invasive plants. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations.
Subunit 8d: Upham
Subunit 8d consists of 54 ac (22 ha) of private land in the City of
San Marcos, northern San Diego County. Lands within this subunit
contain clay soils and consist primarily of annual and needlegrass
grassland and vernal pool habitat. Subunit 8d contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including loamy
soils underlain by a clay subsoil (PCE 1A) and areas with a natural,
generally intact surface and subsurface soil structure that support B.
filifolia and pollinator habitat (PCE 2); (2) supports a rare or unique
occurrence, representing one of three occurrences that are associated
with vernal pool habitat; and (3) supports an occurrence of at least
342,000 individuals of B. filifolia, as documented in 1993 (CNDDB 2009,
p. 9). The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from the
indirect effects associated with urban development, unauthorized
recreational
[[Page 64955]]
activities, and nonnative invasive plants. Please see the ``Special
Management Considerations or Protection'' section of this proposed rule
for a discussion of the threats to B. filifolia habitat and potential
management considerations.
Subunit 8f: Oleander/San Marcos
Subunit 8f consists of 7 ac (3 ha) of land owned by the San Marcos
Unified School District near the City of San Marcos, in northern San
Diego County. This subunit was not included in the 2005 final critical
habitat designation but is included in this proposed rule based on new
information related to the distribution of Brodiaea filifolia. Lands
within this subunit contain clay, loam, or loamy fine sand soils and
consist primarily of annual grassland. Unit 8f contains the physical
and biological features essential to the conservation of B. filifolia
because it (1) contains the PCEs for B. filifolia, including loamy
soils underlain by a clay subsoil (PCE 1A) and areas with a natural,
generally intact surface and subsurface soil structure that support B.
filifolia and pollinator habitat (PCE 2); and (2) supports an
occurrence of at least 3,802 individuals of B. filifolia, as documented
in 2005 (Dudek and Associates, Inc. 2005, p. 19). The physical and
biological features essential to the conservation of the species in
this subunit may require special management considerations or
protection to address threats from nonnative invasive plants. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations.
Unit 11: Western Riverside County
Unit 11 is located in western Riverside County and consists of
eight subunits totaling 1,494 ac (605 ha). This unit contains 53 ac (21
ha) of Federal land, 766 ac (310 ha) of State land, 5 ac (2 ha) of
local government land and 670 ac (271 ha) of private land.
Subunit 11a: San Jacinto Wildlife Area
Subunit 11a consists of 385 ac (156 ha) of State land (CDFG) and 16
ac (6 ha) of private land at the San Jacinto Wildlife Area, in western
Riverside County. Lands within this subunit contain Willows silty clay,
Waukena loam and Waukena fine sandy loam, Traver fine sandy loam and
Traver loamy fine sand, and Hanford coarse sandy loam soils and consist
primarily of annual grassland, alkali scrub habitat, and alkali playa
habitat. Subunit 11a contains the physical and biological features
essential to the conservation of Brodiaea filifolia because it (1)
contains the PCEs for B. filifolia, including silty loam soils
underlain by a clay subsoil or caliche that are generally poorly
drained and moderately to strongly alkaline (PCE 1C) and areas with a
natural, generally intact surface and subsurface soil structure that
support B. filifolia and pollinator habitat (PCE 2); (2) supports a
rare or unique occurrence, representing one of four occurrences
associated with alkali playa habitat; and (3) supports a stable,
persistent occurrence. The physical and biological features essential
to the conservation of the species in this subunit may require special
management considerations or protection to address threats from
nonnative invasive plants and construction of new roads or improvements
to existing roadways (Service 2005b, pp. 137, 189). Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations. We are considering this
subunit for exclusion under section 4(b)(2) of the Act because this
subunit is within the area addressed by the Western Riverside County
MSHCP; please see the Areas Considered for Exclusion Under Section
4(b)(2) of the Act section of this proposed rule for a discussion about
our consideration to exclude this area.
Subunit 11b: San Jacinto Avenue and Dawson Road
Subunit 11b consists of 117 ac (47 ha) of private land near San
Jacinto Avenue and Dawson Road, in western Riverside County. Lands
within this subunit contain Willows silty clay and Domino silt loam
soils and consist primarily of annual grassland, alkali scrub habitat,
and alkali playa habitat. Subunit 11b contains the physical and
biological features essential to the conservation of Brodiaea filifolia
because it (1) contains the PCEs for B. filifolia, including silty loam
soils underlain by a clay subsoil or caliche that are generally poorly
drained and moderately to strongly alkaline (PCE 1C) and areas with a
natural, generally intact surface and subsurface soil structure that
support B. filifolia and pollinator habitat (PCE 2); and (2) supports a
rare or unique occurrence, representing one of four occurrences that
are associated with alkali playa habitat. The physical and biological
features essential to the conservation of the species in this subunit
may require special management considerations or protection to address
threats from discing, grazing, manure dumping, and nonnative invasive
plants (CNDDB 2009, p. 60). Please see the ``Special Management
Considerations or Protection'' section of this proposed rule for a
discussion of the threats to B. filifolia habitat and potential
management considerations. We are considering this subunit for
exclusion under section 4(b)(2) of the Act because this subunit is
within the area addressed by the Western Riverside County MSHCP; please
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act
section of this proposed rule for a discussion about our consideration
to exclude this area.
Subunit 11c: Case Road
Subunit 11c consists of 180 ac (73 ha) of private land west of I-
215, near the City of Perris, in western Riverside County. Lands within
this subunit contain Willows silty clay and Domino silt loam soils and
consist primarily of agricultural land, floodplain habitat, alkali
scrub habitat, and alkali playa habitat. Subunit 11c contains the
physical and biological features essential to the conservation of
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that
are generally poorly drained and moderately to strongly alkaline (PCE
1C) and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); (2) supports a rare or unique occurrence, representing one of four
occurrences that are associated with alkali playa habitat; and (3)
supports an occurrence of at least 4,555 individuals of B. filifolia,
as documented in 2000 (Glenn Lukos Associates, Inc. 2000a, Map of San
Jacinto River Stage 3 Project Impacts Version 2 Alignment; Glenn Lukos
Associates, Inc. 2000b, pp. 17-18; CNDDB 2009, p. 2). The physical and
biological features essential to the conservation of the species in
this subunit may require special management considerations or
protection to address threats from OHV activity, encroaching urban
development, manure dumping, and nonnative invasive plants. Please see
the ``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations. We are considering this
subunit for exclusion under section 4(b)(2) of the Act because this
subunit is within the area addressed by the Western Riverside County
MSHCP; please see the Areas Considered for Exclusion Under Section
4(b)(2) of the Act section of this
[[Page 64956]]
proposed rule for a discussion about our consideration to exclude this
area.
Subunit 11d: Railroad Canyon
Subunit 11d consists of 53 ac (21 ha) of Federal land owned by the
Bureau of Land Management and 205 ac (83 ha) of private land north of
Kabian County Park and southwest of the City of Perris, in western
Riverside County. Lands within this subunit contain Lodo rocky loam,
Garretson gravelly very fine sandy loam and Garretson very fine sandy
loam, Escondido fine sandy loam, and Grangeville fine sandy loam soils
and consist primarily of annual grassland. Subunit 11d contains the
physical and biological features essential to the conservation of
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that
are generally poorly drained and moderately to strongly alkaline (PCE
1C) and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); and (2) supports an occurrence of at least 3,205 individuals of B.
filifolia, as documented in 2000 (Glenn Lukos Associates 2000a, pp. 13,
24; CNDDB 2009, p. 23). The occurrence in Railroad Canyon is at risk
from the proposed San Jacinto River Flood Control Project. That project
includes channelization of the river, which may result in changes in
floodplain process essential to the species persistence in this subunit
(Service 2004b, p. 382). The physical and biological features essential
to the conservation of the species in this subunit may require special
management considerations or protection to address threats from the
indirect effects associated with urban development, river
channelization for flood control, and nonnative invasive plants. Please
see the ``Special Management Considerations or Protection'' section of
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations. We are considering
this subunit for exclusion under section 4(b)(2) of the Act because
this subunit is within the area addressed by the Western Riverside
County MSHCP; please see the Areas Considered for Exclusion Under
Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Subunit 11e: Upper Salt Creek (Stowe Pool)
Subunit 11e consists 145 ac (59 ha) of private land in the Upper
Salt Creek drainage west of Hemet, in western Riverside County. Lands
within this subunit contain Willows silty clay, Chino silt loam, Honcut
loam, and Wyman loam and consist primarily of annual grassland, alkali
scrub habitat, and alkali playa habitat. Subunit 11e contains the
physical and biological features essential to the conservation of
Brodiaea filifolia because it (1) contains the PCEs for B. filifolia,
including silty loam soils underlain by a clay subsoil or caliche that
are generally poorly drained and moderately to strongly alkaline (PCE
1C), and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); and (2) supports a rare or unique occurrence, representing one of
three occurrences that are associated with vernal pool habitat. This
subunit is crossed by roadways that, if altered (widened or realigned),
could change the topography and thereby negatively affect the
hydrologic integrity of the pool complexes and favor the growth of
nonnative invasive plant species (CNDDB 2009, p. 24; Service 2004b, p.
382). The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from
nonnative invasive plants and transportation projects. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations. We are considering this
subunit for exclusion under section 4(b)(2) of the Act because this
subunit is within the area addressed by the Western Riverside County
MSHCP; please see the Areas Considered for Exclusion Under Section
4(b)(2) of the Act section of this proposed rule for a discussion about
our consideration to exclude this area.
Subunit 11f: Santa Rosa Plateau - Mesa de Colorado
Subunit 11f consists of 221 ac (89 ha) of State-owned land, 5 ac (2
ac) of local government land and 8 ac (3 ha) of private land on the
Santa Rosa Plateau, in southwestern Riverside County. Lands within this
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and
Las Posas loam soils and consist primarily of annual and needlegrass
grassland and vernal pool habitat. Subunit 11f contains the physical
and biological features essential to the conservation of Brodiaea
filifolia because it (1) contains the PCEs for B. filifolia, including
clay loam soil series underlain by heavy clay loams or clays derived
from olivine basalt lava flows that generally occur on mesas and gentle
to moderate slopes (PCE 1D) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); (2) supports a rare or unique occurrence,
representing one of three occurrences that are associated with vernal
pool habitat; and (3) supports an occurrence of at least 31,725
individuals of B. filifolia, as documented in 1990 (CNDDB 2009, p. 5).
The physical and biological features essential to the conservation of
the species in this subunit may require special management
considerations or protection to address threats from the indirect
effects associated with urban development and nonnative invasive
plants. Please see the ``Special Management Considerations or
Protection'' section of this proposed rule for a discussion of the
threats to B. filifolia habitat and potential management
considerations. We are considering this subunit for exclusion under
section 4(b)(2) of the Act because this subunit is within the area
addressed by the Western Riverside County MSHCP; please see the Areas
Considered for Exclusion Under Section 4(b)(2) of the Act section of
this proposed rule for a discussion about our consideration to exclude
this area.
Subunit 11g: Santa Rosa Plateau - South of Tenaja Road
Subunit 11g consists of 117 ac (47 ha) of State-owned land on the
Santa Rosa Plateau, in southwestern Riverside County. Lands within this
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and
Las Posas loam soils and consist primarily of annual and needlegrass
grassland and vernal pool habitat. Subunit 11g contains the physical
and biological features essential to the conservation of Brodiaea
filifolia because it (1) contains the PCEs for B. filifolia, including
clay loam soil series underlain by heavy clay loams or clays derived
from olivine basalt lava flows that generally occur on mesas and gentle
to moderate slopes (PCE 1D) and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports a rare or unique
occurrence, occurring along an ephemeral drainage in seep type
habitats. The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from
nonnative invasive plants. Please see the ``Special Management
Considerations or Protection'' section of
[[Page 64957]]
this proposed rule for a discussion of the threats to B. filifolia
habitat and potential management considerations. We are considering
this subunit for exclusion under section 4(b)(2) of the Act because
this subunit is within the area addressed by the Western Riverside
County MSHCP; please see the Areas Considered for Exclusion Under
Section 4(b)(2) of the Act section of this proposed rule for a
discussion about our consideration to exclude this area.
Subunit 11h: Santa Rosa Plateau - North of Tenaja Road
Subunit 11h consists of 44 ac (18 ha) of State-owned land on the
Santa Rosa Plateau, in southwestern Riverside County. Lands within this
subunit contain Murrieta stony clay loam, and Las Posas rocky loam and
Las Posas loam soils and consist primarily of annual and needlegrass
grassland and vernal pool habitat. Subunit 11h contains the physical
and biological features essential to the conservation of Brodiaea
filifolia because it (1) contains the PCEs for B. filifolia, including
clay loam soil series underlain by heavy clay loams or clays derived
from olivine basalt lava flows that generally occur on mesas and gentle
to moderate slopes (PCE 1D), and areas with a natural, generally intact
surface and subsurface soil structure that support B. filifolia and
pollinator habitat (PCE 2); and (2) supports a rare or unique
occurrence, occurring along an ephemeral drainage in seep type
habitats. The physical and biological features essential to the
conservation of the species in this subunit may require special
management considerations or protection to address threats from
nonnative invasive plants. Please see the ``Special Management
Considerations or Protection'' section of this proposed rule for a
discussion of the threats to B. filifolia habitat and potential
management considerations. We are considering this subunit for
exclusion under section 4(b)(2) of the Act because this subunit is
within the area addressed by the Western Riverside County MSHCP; please
see the Areas Considered for Exclusion Under Section 4(b)(2) of the Act
section of this proposed rule for a discussion about our consideration
to exclude this area.
Unit 12: Central San Diego County - Artesian Trails
Unit 12 is located in central San Diego County and consists of 109
ac (44 ha) of private land. This unit was not included in the 2005
final critical habitat designation but is included in this proposed
rule based on new information related to the distribution of Brodiaea
filifolia. Lands within this subunit contain fine loamy sands and
consist primarily of coastal sage scrub habitat and annual grassland.
Unit 12 contains physical and biological features that are essential to
the conservation of B. filifolia because it (1) contains the PCEs for
B. filifolia, including loamy soils underlain by a clay subsoil (PCE
1A) and areas with a natural, generally intact surface and subsurface
soil structure that support B. filifolia and pollinator habitat (PCE
2); and (2) supports a stable, persistent occurrence. The physical and
biological features essential to the conservation of the species in
this subunit may require special management considerations or
protection to address threats from the indirect effects associated with
urban development and nonnative invasive plants. Please see the
``Special Management Considerations or Protection'' section of this
proposed rule for a discussion of the threats to B. filifolia habitat
and potential management considerations. We are considering this
subunit for exclusion under section 4(b)(2) of the Act because this
subunit is within the area addressed by the Western Riverside County
MSHCP; please see the Areas Considered for Exclusion Under Section
4(b)(2) of the Act section of this proposed rule for a discussion about
our consideration to exclude this area.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. Decisions
by the Fifth and Ninth Circuit Courts of Appeals have invalidated our
definition of ``destruction or adverse modification'' (50 CFR 402.02)
(see Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378
F. 3d 1059 (9th Cir 2004) and Sierra Club v. U.S. Fish and Wildlife
Service et al., 245 F.3d 434, 442F (5th Cir 2001)), and we do not rely
on this regulatory definition when analyzing whether an action is
likely to destroy or adversely modify critical habitat. Under the
statutory provisions of the Act, we determine destruction or adverse
modification on the basis of whether, with implementation of the
proposed Federal action, the affected critical habitat would remain
functional (or retain the current ability for the PCEs to be
functionally established) to serve its intended conservation role for
the species (Service 2004c, p. 3). Section 7(a)(2) of the Act requires
Federal agencies, including the Service, to evaluate their actions with
respect to any species that is endangered or threatened and with
respect to its critical habitat, if any is proposed or designated.
Regulations implementing this interagency cooperation provision of the
Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to jeopardize the continued existence
of a species proposed for listing or result in destruction or adverse
modification of proposed critical habitat. Conference reports provide
conservation recommendations to assist the agency in eliminating
conflicts that may be caused by the proposed action. We may issue a
formal conference report if requested by a Federal agency. Formal
conference reports on proposed critical habitat contain an opinion that
is prepared according to 50 CFR 402.14, as if critical habitat were
designated. We may adopt the formal conference report as the biological
opinion when the critical habitat is designated, if no substantial new
information or changes in the action alter the content of the opinion
(see 50 CFR 402.10(d)). The conservation recommendations in a
conference report or opinion are advisory.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of such a species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. As a result of this consultation,
we document compliance with the requirements of section 7(a)(2) through
our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or designated
critical habitat; or
(2) A biological opinion for Federal actions that are likely to
adversely affect listed species or designated critical habitat.
An exception to the concurrence process referred to in (1) above
occurs in consultations involving National Fire Plan projects. In 2004,
the U.S. Forest Service and the BLM reached agreements with the Service
to streamline a portion of the section 7 consultation process (BLM-ACA
2004, pp. 1-8; FS-ACA 2004, pp. 1-8). The agreements allow the U.S.
Forest Service and the BLM the opportunity to
[[Page 64958]]
make ``not likely to adversely affect'' (NLAA) determinations for
projects implementing the National Fire Plan. Such projects include
prescribed fire, mechanical fuels treatments (thinning and removal of
fuels to prescribed objectives), emergency stabilization, burned area
rehabilitation, road maintenance and operation activities, ecosystem
restoration, and culvert replacement actions. The U.S. Forest Service
and the BLM must insure staff are properly trained, and both agencies
must submit monitoring reports to the Service to determine if the
procedures are being implemented properly and that effects on
endangered species and their habitats are being properly evaluated. As
a result, we do not believe the alternative consultation processes
being implemented as a result of the National Fire Plan will differ
significantly from those consultations being conducted by the Service.
If we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species or
destroy or adversely modify critical habitat, we also provide
reasonable and prudent alternatives to the project, if any are
identifiable. We define ``reasonable and prudent alternatives'' at 50
CFR 402.02 as alternative actions identified during consultation that:
Can be implemented in a manner consistent with the
intended purpose of the action,
Can be implemented consistent with the scope of the
Federal agency's legal authority and jurisdiction,
Are economically and technologically feasible, and
Would, in the Director's opinion, avoid jeopardizing the
continued existence of the listed species or destroying or adversely
modifying its critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies may sometimes need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Federal activities that may affect Brodiaea filifolia or its
designated critical habitat will require section 7(a)(2) consultation
under the Act. Activities on State, tribal, local, or private lands
requiring a Federal permit (such as a permit from the U.S. Army Corps
of Engineers under section 404 of the Clean Water Act (33 U.S.C. 1251
et seq.) or a permit under section 10(a)(1)(B) of the Act from the
Service) or involving some other Federal action (such as funding from
the Federal Highway Administration, Federal Aviation Administration, or
the Federal Emergency Management Agency) will also be subject to the
section 7(a)(2) consultation process. Federal actions not affecting
listed species or critical habitat, and actions on State, tribal,
local, or private lands that are not federally funded, authorized, or
permitted, do not require section 7(a)(2) consultations.
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species, or would retain its current ability
for the primary constituent elements to be functionally established.
Activities that may destroy or adversely modify critical habitat are
those that alter the physical and biological features to an extent that
appreciably reduces the conservation value of critical habitat for
Brodiaea filifolia. Generally, the conservation role of the B.
filifolia proposed revised critical habitat units is to support viable
populations throughout this species' range.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore should result
in consultation for Brodiaea filifolia include, but are not limited to,
the following:
(1) Actions that result in ground disturbance. Such activities
could include (but are not limited to) residential or commercial
development, OHV activity, pipeline construction, new road construction
or widening, existing road maintenance, manure dumping, and grazing.
These activities potentially impact the habitat and PCEs of Brodiaea
filifolia by damaging, disturbing, and altering soil composition
through direct impacts, increased erosion, and increased nutrient
content. Additionally, changes in soil composition may lead to changes
in the vegetation composition, thereby changing the overall habitat
type.
(2) Actions that result in alteration of the hydrological regimes
typically associated with Brodiaea filifolia habitat. Such activities
could include residential or commercial development, OHV activity,
pipeline construction, new road construction or widening, existing road
maintenance, and channelization of drainages. These activities could
alter surface layers and the hydrological regime in a manner that
promotes loss of soil matrix components and moisture necessary to
support the growth and reproduction of B. filifolia.
(3) Actions that would disturb the existing vegetation communities
adjacent to Brodiaea filifolia habitat prior to annual pollination and
seed set (reproduction). Such activities could include (but are not
limited to) grazing, mowing, grading, or discing habitat in the spring
and early summer months. These activities could alter the habitat for
pollinators leading to potential decreased pollination and
reproduction.
(4) Road construction and maintenance, right-of-way designation,
and regulation of agricultural activities, or any activity funded or
carried out by the Department of Transportation or Department of
Agriculture that could result in excavation, or mechanized land
clearing of Brodiaea filifolia habitat. These activities could alter
the habitat in such a way that soil, seeds, and corms of B. filifolia
are removed and which permanently alter the habitat.
(5) Licensing or construction of communication sites by the Federal
Communications Commission or funding of construction or development
activities by the U.S. Department of Housing and Urban Development that
could result in excavation, or mechanized land clearing of Brodiaea
filifolia habitat.
Exemptions Under Section 4(a)(3) of the Act
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i)
[[Page 64959]]
of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary
shall not designate as critical habitat any lands or other geographical
areas owned or controlled by the Department of Defense, or designated
for its use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes Act
[Improvement Act of 1997 (Sikes Act)] (16 U.S.C. 670a), if the
Secretary determines in writing that such plan provides a benefit to
the species for which critical habitat is proposed for designation.''
The Sikes Act required each military installation that includes
land and water suitable for the conservation and management of natural
resources to complete an integrated natural resources management plan
(INRMP) by November 17, 2001. An INRMP integrates implementation of the
military mission of the installation with stewardship of the natural
resources found on the base. Each INRMP includes:
(1) An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
We consult with the military on the development and implementation
of INRMPs for installations with federally listed species. Only one
military installation with an approved INRMP, Marine Corps Base Camp
Pendleton (MCB Camp Pendleton), is located within the range of Brodiaea
filifolia and supports features essential to the species' conservation.
We analyzed MCB Camp Pendleton's INRMP to determine if the lands
subject to the INRMP should be exempted under the authority of section
4(a)(3)(B) of the Act.
Marine Corps Base Camp Pendleton has committed to work closely with
us, CDFG, and California Department of Parks and Recreation (CDPR) to
continually refine the existing INRMP as part of the Sikes Act's INRMP
review process. Based on the considerations discussed below and in
accordance with section 4(a)(3)(B)(i) of the Act, we have determined
that conservation efforts identified in the INRMP provide a benefit to
Brodiaea filifolia occurring in habitats within or adjacent to MCB Camp
Pendleton. Therefore, approximately 1,531 ac (620 ha) of habitat on MCB
Camp Pendleton subject to the INRMP is exempt from critical habitat
designation under section 4(a)(3) of the Act, and is not included in
this proposed revised critical habitat designation.
In the previous final critical habitat designation for Brodiaea
filifolia, we exempted lands determined to contain features essential
to the conservation of species on MCB Camp Pendleton from the
designation of critical habitat (70 FR 73820; December 13, 2005). We
based this decision on the conservation benefits to B. filifolia
identified in the INRMP developed by MCB Camp Pendleton in November
2001. A revised and updated INRMP was prepared by MCB Camp Pendleton in
March 2007 (MCB Camp Pendleton 2007). We determined that conservation
efforts identified in the INRMP provide a benefit to the populations of
B. filifolia and this species' habitat occurring on MCB Camp Pendleton
(MCB Camp Pendleton 2007, Section 4, pp. 51-76). The INRMP provides
measures that promote the conservation of B. filifolia within the 1,531
ac (620 ha) of habitat that we believe contain the features essential
to the conservation of B. filifolia on MCB Camp Pendleton, which are
subject to the INRMP, within the following areas: Cristianitos Canyon,
Bravo One, Bravo Two South, Basilone/San Mateo Junction, Camp Horno,
Pilgrim Creek, and South White Beach.
Measures included for Brodiaea filifolia in the MCB Camp Pendleton
INRMP require ongoing efforts to survey and monitor the species, and
provide this information to all necessary personnel through MCB Camp
Pendleton's GIS database on sensitive resources and in their published
resource atlas. The updated INRMP includes the following conservation
measures for B. filifolia: (1) Surveys and monitoring, studies, impact
avoidance and minimization, and habitat restoration and enhancement;
(2) species survey information stored in MCB Camp Pendleton's GIS
database and recorded in a resource atlas that is published and updated
on a semi-annual basis; (3) use of the resource atlas to plan
operations and projects to avoid impacts to B. filifolia and to trigger
section 7 consultations if an action may affect the species; and (4)
transplantation when avoidance is not possible. These measures are
established and represent ongoing aspects of existing programs that
provide a benefit to B. filifolia. MCB Camp Pendleton also has Base
directives and Range and Training Regulations that are integral to
their INRMP and provide benefits to B. filifolia. MCB Camp Pendleton
implements Base directives to avoid and minimize adverse effects to B.
filifolia, such as: (1) Limit bivouac, command post, and field support
activities such that they are no closer than 164 ft (50 m) to occupied
habitat year round; (2) limit vehicle and equipment operations to
existing road and trail networks year round; and (3) require
environmental clearance prior to any soil excavation, filling, or
grading. Finally, MCB Camp Pendleton has contracted and funded surveys
for B. filifolia in summer 2005 and development of a GIS-based
monitoring system that will provide improved management of natural
resources on the installation, including for B. filifolia.
Additionally, MCB Camp Pendleton's environmental security staff
review projects and enforce existing regulations and orders that,
through their implementation, avoid and minimize impacts to natural
resources, including Brodiaea filifolia and its habitat. As a result,
activities occurring on MCB Camp Pendleton are currently being
conducted in a manner that minimizes impacts to B. filifolia habitat.
Finally, MCB Camp Pendleton provides training to personnel on
environmental awareness for sensitive resources on the Base including
B. filifolia and its habitat.
Based on MCB Camp Pendleton's Sikes Act program (including the
management of Brodiaea filifolia), there is a high degree of certainty
that MCB Camp Pendleton will continue to implement their INRMP in
coordination with the Service and the CDFG in a manner that provides a
benefit to B. filifolia, coupled with a high degree of certainty that
the conservation efforts of their INRMP will be effective. Service
biologists work closely with MCB Camp Pendleton on a variety of issues
relating to endangered and threatened species, including B. filifolia.
The management programs, Base directives, and Range and Training
Regulations that avoid and minimize impacts to B. filifolia are
consistent with section 7 consultations with MCB Camp Pendleton.
Therefore, the Secretary has determined that the INRMP for MCB Camp
Pendleton provides a benefit for B. filifolia, and lands subject to the
INRMP for MCB Camp Pendleton containing features essential to the
conservation of the species are exempt from critical habitat
[[Page 64960]]
designation pursuant to section 4(a)(3) of the Act. As a result, we are
not including approximately 1,531 ac (620 ha) of habitat for B.
filifolia on MCP Camp Pendleton in this proposed revised critical
habitat designation.
Areas Considered for Exclusion Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary must designate
or revise critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat. The Secretary may exclude an
area from critical habitat if he determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. In making that
determination, the legislative history is clear that the Secretary has
broad discretion regarding which factor(s) to use and how much weight
to give to any factor.
Under section 4(b)2) of the Act, in considering whether to exclude
a particular area from the designation, we must identify the benefits
of including the area in the designation, identify the benefits of
excluding the area from the designation, and determine whether the
benefits of exclusion outweigh the benefits of inclusion. If, based on
this analysis, we determine that the benefits of exclusion outweigh the
benefits of inclusion, we can exclude the area only if such exclusion
would not result in the extinction of the species.
An analysis of the economic impacts for our previous proposed
critical habitat designation was conducted and made available to the
public on October 6, 2005 (70 FR 58361). This economic analysis was
finalized for the final rule to designate critical habitat for Brodiaea
filifolia as published in the Federal Register on December 13, 2005 (70
FR 58361). In compliance with section 4(b)(2) of the Act we are
preparing a new draft economic analysis of the impacts of this proposed
revision to critical habitat for B. filifolia, to evaluate the
potential impacts of this proposed revised designation and related
factors. See the ``Regulatory Flexibility Act'' section for more
information. We will announce the availability of the draft economic
analysis as soon as it is completed, at which time we will seek public
review and comment. At that time, copies of the draft economic analysis
will be available for downloading from the Internet at http://www.regulations.gov, or by contacting the Carlsbad Fish and Wildlife
Office directly (see FOR FURTHER INFORMATION CONTACT). Based on public
comment on that document and the proposed designation itself, as well
as the information in the final economic analysis, the Secretary may
exclude from critical habitat areas different from those identified for
possible exclusion in this proposed rule under the provisions of
section 4(b)(2) of the Act, up to and including all areas proposed for
designation. This is also addressed in our implementing regulations at
50 CFR 424.19.
In addition to economic impacts, we consider a number of factors in
a section 4(b)(2) analysis. For example, we consider whether there are
lands owned by the Department of Defense where a national security
impact might exist. We also consider whether landowners have developed
any habitat conservation plans (HCPs) or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged or discouraged by designation of, or exclusion from,
critical habitat in an area. In addition, we look at the presence of
Tribal lands or Tribal Trust resources that might be affected, and
consider the government-to-government relationship of the United States
with the Tribal entities. We also consider any social impacts that
might occur because of the designation.
As discussed in further detail in the Habitat Conservation Plan
Lands--Exclusions under Section 4(b)(2) of the Act section below, we
have preliminarily identified certain areas that we are considering
excluding from the final revised critical habitat designation for
Brodiaea filifolia under section 4(b)(2) of the Act. However, we
specifically solicit comments on the inclusion or exclusion of such
areas (see Public Comments section).
Most federally listed species in the United States will not recover
without the cooperation of non-Federal landowners. More than 60 percent
of the United States is privately owned (National Wilderness Institute
1995, p. 2), and at least 80 percent of endangered or threatened
species occur either partially or solely on private lands (Crouse et
al. 2002, p. 720). Stein et al. (1995, p. 400) found that only about 12
percent of listed species were found almost exclusively on Federal
lands (90 to 100 percent of their known occurrences restricted to
Federal lands) and that 50 percent of federally listed species are not
known to occur on Federal lands at all.
Given the distribution of listed species with respect to land
ownership, conservation of listed species in many parts of the United
States is dependent upon working partnerships with a wide variety of
entities and the voluntary cooperation of many non-Federal landowners
(Wilcove and Chen 1998, p. 1407; Crouse et al. 2002, p. 720; James
2002, p. 271). Building partnerships and promoting voluntary
cooperation of landowners are essential to our understanding the status
of species on non-Federal lands, and necessary for us to implement
recovery actions such as reintroducing listed species and restoring and
protecting habitat.
Many private landowners, however, are wary of the possible
consequences of attracting endangered species to their property.
Mounting evidence suggests that some regulatory actions by the Federal
government, while well-intentioned and required by law, can (under
certain circumstances) have unintended negative consequences for the
conservation of species on private lands (Wilcove et al. 1996, pp. 5-6;
Bean 2002, pp. 2-3; Conner and Mathews 2002, pp. 1-2; James 2002, pp.
270-271; Koch 2002, pp. 2-3; Brook et al. 2003, pp. 1639-1643). Many
landowners fear a decline in their property value due to real or
perceived restrictions on land use options where threatened or
endangered species are found. Consequently, harboring endangered
species is viewed by many landowners as a liability. This perception
results in anti-conservation incentives, because maintaining habitats
that harbor endangered species represents a risk to future economic
opportunities (Main et al. 1999, pp. 1264-1265; Brook et al. 2003, pp.
1644-1648).
The purpose of designating critical habitat is to contribute to the
conservation of threatened and endangered species and the ecosystems
upon which they depend. The outcome of the designation, triggering
regulatory requirements for actions funded, authorized, or carried out
by Federal agencies under section 7(a)(2) of the Act, can sometimes be
counterproductive to its intended purpose on non-Federal lands. Thus,
the benefits of excluding areas that are covered by effective
partnerships or other voluntary conservation commitments can often be
high, particularly for listed plant species.
Habitat Conservation Plan Lands--Exclusions under Section 4(b)(2) of
the Act
The benefits of excluding lands with approved HCPs that cover
listed plant
[[Page 64961]]
species from critical habitat designation include relieving landowners,
communities, and counties of any additional regulatory burden that
might be imposed by critical habitat. Many HCPs take years to develop,
and upon completion, are consistent with recovery objectives for listed
species that are covered within the plan area. Many HCPs also provide
conservation benefits to unlisted sensitive species.
A related benefit of excluding lands covered by approved HCPs from
critical habitat designation is the unhindered, continued ability it
gives us to seek new partnerships with future plan participants,
including States, counties, local jurisdictions, conservation
organizations, and private landowners, which together can implement
conservation actions that we would be unable to accomplish otherwise.
Habitat conservation plans often cover a wide range of species,
including listed plant species and species that are not State and
federally listed and would otherwise receive little protection from
development. By excluding these lands, we preserve our current
partnerships and encourage additional conservation actions in the
future.
Brodiaea filifolia is covered under the Orange County Southern
Subregion HCP, the Carlsbad HMP under the MHCP, the Western Riverside
County MSHCP, and the City and County of San Diego Subarea Plans under
the MSCP. The Secretary is considering exercising his discretion to
exclude lands covered by these plans (see Table 5 for a list of the
subunits that are being considered for exclusion). In this revised
proposed rule, we are seeking input from the stakeholders in these HCPs
and from the public on lands that the Secretary should consider for
exclusion from the final designation of critical habitat for B.
filifolia.
TABLE 5. Lands that meet the definition of critical habitat, are
included in approved habitat conservation plans (HCPs), and are being
considered for exclusion under section 4(b)(2) of the Act in this
proposed revised critical habitat designation.
------------------------------------------------------------------------
Area considered for
HCP and Associated Subunit exclusion (acres/hectares)
\1\
------------------------------------------------------------------------
Orange County Southern Subregion HCP
------------------------------------------------------------------------
4b. Caspers Wilderness Park 205 ac (83 ha)
------------------------------------------------------------------------
4c. Ca[ntilde]ada Gobernadora/Chiquita 133 ac (54 ha)
Ridgeline
------------------------------------------------------------------------
4g. Cristianitos Canyon 587 ac (238 ha)
------------------------------------------------------------------------
Subtotal Orange County Southern 925 ac (374 ha)
Subregion HCP
------------------------------------------------------------------------
Carlsbad HMP under the San Diego MHCP
------------------------------------------------------------------------
7a. Letterbox Canyon 57 ac (23 ha)
------------------------------------------------------------------------
7b. Rancho Carrillo 37 ac (15 ha)
------------------------------------------------------------------------
7c. Calavera Hills Village H 71 ac (29 ha)
------------------------------------------------------------------------
7d. Rancho La Costa (Villages of La Costa 98 ac (40 ha)
HCP)
------------------------------------------------------------------------
Subtotal Carlsbad HMP under the San 263 ac (106 ha)
Diego MHCP
------------------------------------------------------------------------
Western Riverside County MSHCP
------------------------------------------------------------------------
11a. San Jacinto Wildlife Area 401 ac (162 ha)
------------------------------------------------------------------------
11b. San Jacinto Avenue/Dawson Road 117 ac (47 ha)
------------------------------------------------------------------------
11c. Case Road 180 ac (73 ha)
------------------------------------------------------------------------
11d. Railroad Canyon 257 ac (104 ha)
------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe Pool) 145 ac (59 ha)
------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa de Colorado 234 ac (95 ha)
------------------------------------------------------------------------
11g. Santa Rosa Plateau - South of Tenaja 117 ac (47 ha)
Road
------------------------------------------------------------------------
11h. Santa Rosa Plateau - North of Tenaja 44 ac (18 ha)
Road
------------------------------------------------------------------------
Subtotal for Western Riverside County 1,494 ac (605 ha)
MSHCP
------------------------------------------------------------------------
City and County of San Diego Subarea Plans under the San Diego MSCP
------------------------------------------------------------------------
12. Central San Diego County - Artesian 109 ac (44 ha)
Trails
------------------------------------------------------------------------
Subtotal for City and County of San 109 ac (44 ha)
Diego Subarea Plans under the San
Diego MSCP
------------------------------------------------------------------------
Total 2,791 ac (1,129 ha)
------------------------------------------------------------------------
\1\ Values in this table may not sum due to rounding.
[[Page 64962]]
Below is a brief description of the lands proposed as critical
habitat covered by each HCP that the Secretary is considering to
exercise his discretion to exclude.
Orange County Southern Subregion HCP
The Orange County Southern Subregion HCP is a large-scale multi-
jurisdictional HCP encompassing approximately 86,021 ac (34,811 ha) in
southern Orange County. The Orange County Southern Subregion HCP was
developed by the County of Orange (County), Rancho Mission Viejo, and
the Santa Margarita Water District (Water District) to address impacts
to 32 species, including Brodiaea filifolia, resulting from residential
and associated infrastructure development. The Service issued
incidental take permits on January 10, 2007 (Service 2007, p. 431),
under section 10(a)(1)(B) of the Act to the three permittees for a
period of 75 years. Specifically, the Secretary is considering to
exercise his discretion to exclude 925 ac (374 ha) in Subunits 4b, 4c,
and 4g that are included in the area covered by the Orange County
Southern Subregion HCP (see Table 5 for the amount of land being
considered for exclusion in each subunit).
The Orange County Southern Subregion HCP will establish
approximately 30,426 ac (12,313 ha) of habitat reserve (Service 2007,
p. 19). The HCP provides for a large, biologically diverse and
permanent habitat reserve that will protect: (1) Large blocks of
natural vegetation communities that provide habitat for the covered
species; (2) ``important'' and ``major'' populations of the covered
species in key locations; (3) wildlife corridors and habitat linkages
that connect the large habitat blocks and covered species populations
to each other, the Cleveland National Forest, and the adjacent Orange
County Central-Coastal NCCP/HCP; and (4) the underlying hydrogeomorphic
processes that support the major vegetation communities providing
habitat for the covered species (Service 2007, p. 10).
Specific land use purposes are identified in the Orange County
Southern Subregion HCP. In each of the areas that we proposed as
critical habitat, lands were mapped as Reserves and Open Space Areas.
These two categories of land use make up areas within the Orange County
Southern Subregion HCP that are conserved or will be conserved as the
plan is implemented. In Subunit 4b, Caspers Wilderness Park, all 205 ac
(83 ha) of the proposed critical habitat that are within the plan area
are conserved or will be conserved under the HCP. In Subunit 4c,
Ca[ntilde]ada Gobernadora/Chiquita Ridgeline, 90 ac (36 ha) of the 133
ac (54 ha) of proposed critical habitat within the plan area are
conserved or will be conserved under the HCP. In Subunit 4g,
Cristianitos Canyon, 339 ac (137 ha) of the 587 ac (238 ha) of proposed
critical habitat within the plan area are conserved or will be
conserved under the HCP. The remaining 249 ac (101 ha) of land in
Subunit 4G are identified as potential orchards. Overall, 652 ac (264
ha) of the 925 ac (374 ha) that we are considering for exclusion under
section 4(b)(2) of the Act are conserved or will be conserved under the
HCP.
In addition to the creation of a habitat reserve, the following
conservation measures specified in the Orange County Southern Subregion
HCP will contribute to the protection and management of Brodiaea
filifolia habitat: (1) Habitat conservation and restoration activities
will occur in the areas identified as ``important'' and ``major''
populations under the Orange County Southern Subregion HCP (such
actions for B. filifolia within the Habitat Reserve would include the
control of nonnative invasive species); (2) monitoring of B. filifolia
will focus on the Ca[ntilde]ada Gobernadora/Chiquita Ridgeline and
Cristianitos Canyon occurrences (which are the two largest
occurrences); (3) monitoring and management associated with the Orange
County Southern Subregion HCP should help address the threat of
competition with nonnative invasive species; (4) plans will be
developed for construction projects near occurrences of B. filifolia to
minimize any indirect effect of the projects; and (5) the Orange County
Southern Subregion HCP includes a Translocation, Propagation, and
Management Plan for Special-Status Plants (Appendix I of the Orange
County Southern Subregion HCP) that describes the various methods for
restoration of B. filifolia, including seed collection, receptor site
selection and preparation, greenhouse propagation, translocation,
introduction, direct seeding, and long-term maintenance (Service 2007,
pp. 152-156).
In summary, the Secretary is considering to exercise his discretion
to exclude 925 ac (374 ha) that meet the definition of critical habitat
for Brodiaea filifolia within the Orange County Southern Subregion HCP
under section 4(b)(2) of the Act. The 1998 final listing rule for B.
filifolia identified the following primary threats for this species:
urbanization, alteration of hydrological conditions and channelization
of drainages, discing for dry-land farming and fire suppression
practices, OHV activity, grazing, drought, and competition from
nonnative invasive plants (63 FR 54938; October 13, 1998, pp. 54983-
54989). The Orange County Southern Subregion HCP enacts conservation
measures that minimize the impact of these threats on B. filifolia. We
will analyze the benefits of inclusion and the benefits of exclusion of
the areas covered by this plan in the final revised critical habitat
rule for B. filifolia. We encourage any public comment in relation to
our consideration of the areas in Subunits 4b, 4c, and 4g for exclusion
(see Public Comments section above).
San Diego Multiple Habitat Conservation Program (MHCP)
The San Diego MHCP is a comprehensive, multi-jurisdictional,
planning program designed to create, manage, and monitor an ecosystem
preserve in northwestern San Diego County. The San Diego MHCP is also a
regional subarea plan under the State of California's Natural
Communities Conservation Plan (NCCP) program and was developed in
cooperation with CDFG. The MHCP preserve system is intended to protect
viable populations of native plant and animal species and their
habitats in perpetuity, while accommodating continued economic
development and quality of life for residents of northern San Diego
County. The MHCP includes an approximately 112,000 ac (45,324 ha) study
area within the cities of Carlsbad, Encinitas, Escondido, San Marcos,
Oceanside, Vista, and Solana Beach. The Secretary is considering to
exercise his discretion to exclude lands covered by the Carlsbad HMP;
the only completed subarea plan under the MHCP. The 10(a)(1)(B) permit
for the Carlsbad HMP was issued on November 9, 2004 (Service 2004a).
Specifically, the Secretary is considering to exercise his discretion
to exclude 263 ac (106 ha) in Subunits 7a, 7b, 7c, and 7d that are
within the Carlsbad HMP (which as stated earlier, includes the area
covered by the Villages of La Costa HCP) under the MHCP (see Table 5
for the amount of land being considered for exclusion in each subunit).
Carlsbad Habitat Management Plan (Carlsbad HMP)
Brodiaea filifolia is a covered species under the Carlsbad HMP.
Nine occurrences of B. filifolia exist within the City of Carlsbad. We
have proposed four of these nine occurrences as critical habitat in
Subunits 7a, 7b, 7c, and 7d. Under the HMP, all known occurrences of B.
filifolia within existing preserve areas (7 of 9 known occurrences)
will be
[[Page 64963]]
conserved at 100 percent. All covered activities impacting B. filifolia
outside of already preserved areas are required to be consistent with
the MHCP's narrow endemic policy, which requires mitigation for
unavoidable impacts and management practices designed to achieve no net
loss of narrow endemic populations, occupied acreage, or population
viability within Focused Planning Areas. Additionally, cities cannot
permit more than five percent gross cumulative loss of narrow endemic
populations or occupied acreage within the Focused Planning Areas, and
no more than 20 percent cumulative loss of narrow endemic locations,
population numbers, or occupied acreage outside of Focused Planning
Areas (AMEC 2003, pp. 2-14, D-1). All conserved populations of B.
filifolia will be incorporated into the preserve areas of the HMP. The
HMP includes provisions to manage the populations within the preserve
areas in order to provide for the long-term conservation of the
species.
Specific land use purposes are identified in the Carlsbad HMP. In
each of the areas that we proposed as critical habitat, lands were
mapped as Hardline Conservation Areas and Proposed Hardline
Conservation Areas. These two categories of land use make up the areas
within the Carlsbad HMP that are conserved or will be conserved as the
plan is implemented. In Subunit 7a, Letterbox Canyon, 17 ac (7 ha) of
the 57 ac (23 ha) of proposed critical habitat within the plan area are
conserved or will be conserved under the HMP. In Subunit 7b, Rancho
Carrillo, all 37 ac (15 ha) of the proposed critical habitat that are
within the plan area are conserved or will be conserved under the HMP.
In Subunit 7c, Calavera Hills Village H, 60 ac (24 ha) of the 71 ac (29
ha) of proposed critical habitat within the plan area are conserved or
will be conserved under the HMP. In Subunit 7d, Rancho La Costa, 32 ac
(13 ha) of the 98 ac (40 ha) of proposed critical habitat within the
plan area are conserved or will be conserved under the HMP. Overall, of
the 263 ac (106 ha) that we are considering for exclusion under section
4(b)(2) of the Act, 145 ac (59 ha) are conserved or will be conserved
under the HMP.
At the time the Carlsbad HMP permit was issued (November 9, 2004),
Brodiaea filifolia was a conditionally covered species under the HMP,
as the proposed hard-lined reserve on the Fox-Miller property within
Subunit 7a did not meet the conditions for coverage of the species
under the HMP. The project was subsequently redesigned to meet the
narrow endemic standards by impacting less than five percent of the
known population, and a long-term management plan was submitted. On
December 2, 2005, the Service and CDFG concluded that the City of
Carlsbad would receive full coverage for B. filifolia under the HMP
(CDFG and Service 2005, p. 1).
In summary, the Secretary is considering to exercise his discretion
to exclude under section 4(b)(2) of the Act a total of 263 ac (106 ha)
that meet the definition of critical habitat for Brodiaea filifolia
within the Carlsbad HMP under the MHCP. The 1998 final listing rule for
B. filifolia identified the following primary threats for this species:
urbanization, alteration of hydrological conditions and channelization
of drainages, discing for dry-land farming and fire suppression
practices, OHV activity, grazing, drought, and competition from
nonnative invasive plants (63 FR 54938; October 13, 1998, pp. 54983-
54989). The Carlsbad HMP under the MHCP enacts conservation measures
that minimize the impact of these threats on B. filifolia. We will
analyze the benefits of inclusion and the benefits of exclusion of the
areas covered by this subarea plan in the final revised critical
habitat rule for B. filifolia. We encourage any public comment in
relation to our consideration of the areas in Subunits 7a, 7b, 7c, and
7d for exclusion (see Public Comments section above).
Western Riverside County Multiple Species Habitat Conservation Plan
(Western Riverside County MSHCP)
The Western Riverside County MSHCP is a large-scale, multi-
jurisdictional HCP encompassing about 1.26 million ac (510,000 ha) in
western Riverside County (Unit 11). The Western Riverside County MSHCP
addresses 146 listed and unlisted ``covered species,'' including
Brodiaea filifolia. Participants in the Western Riverside County MSHCP
include 14 cities; the County of Riverside, including the Riverside
County Flood Control and Water Conservation Agency (County Flood
Control), Riverside County Transportation Commission, Riverside County
Parks and Open Space District, and Riverside County Waste Department;
CDPR; and the California Department of Transportation. The Western
Riverside County MSHCP was designed to establish a multi-species
conservation program that minimizes and mitigates the expected loss of
habitat and the incidental take of covered species. The Service issued
a single incidental take permit on June 22, 2004 (Service 2004b), under
section 10(a)(1)(B) of the Act to 22 permittees under the Western
Riverside County MSHCP for a period of 75 years. Specifically, the
Secretary is considering to exercise his discretion to exclude 1,494 ac
(605 ha) in Unit 11 (Subunits 11a-11f), of which we anticipate the
majority will be conserved for B. filifolia, within the Western
Riverside County MSHCP Plan Area (see Table 5 for the amount of land
being considered for exclusion in each subunit).
The Western Riverside County MSHCP will establish approximately
153,000 ac (61,917 ha) of new conservation lands (Additional Reserve
Lands) to complement the approximate 347,000 ac (140,426 ha) of pre-
existing natural and open space areas (Public/Quasi-Public (PQP)
lands). These PQP lands include those under Federal ownership,
primarily managed by the USFS and BLM, and also permittee-owned or
controlled open-space areas, primarily managed by the State and
Riverside County. Collectively, the Additional Reserve Lands and PQP
lands form the overall Western Riverside County MSHCP Conservation
Area. The configuration of the 153,000 ac (61,916 ha) of Additional
Reserve Lands is based on textual descriptions of habitat conservation
necessary to meet the conservation goals for all covered species within
the bounds of the approximately 310,000-ac (125,453-ha) Criteria Area.
The Criteria Area is broken into criteria cells, and each cell has a
description of conservation targets that will be achieved within that
cell. This differs from some HCPs where the actual conservation area is
mapped or ``hardlined'' during the planning stages. The interpretation
of the textual descriptions, and therefore the creation of the actual
conservation area, occurs over time as the implementation of the
Western Riverside County MSHCP takes place. Each subunit has land in
different mapping categories (some of which overlap) as they relate to
different policies and review processes under the Western Riverside
County MSHCP. The break-down for each subunit in terms of how much land
is considered ``Public/Quasi Public,'' within the ``Criteria Area'', or
in one of the ``Criteria Area Species Survey Areas'' (CASSA) is
presented in Table 8.
[[Page 64964]]
TABLE 8. Areas proposed for critical habitat within the Western Riverside County MSHCP and the different
conservation categories represented in the Western Riverside County MSHCP (acres (ac) hectares (ha)).
----------------------------------------------------------------------------------------------------------------
Public/Quasi Lands within the Lands within the Area considered
Location Public Lands Criteria Area CASSA for exclusion
----------------------------------------------------------------------------------------------------------------
11a. San Jacinto Wildlife Area 387 ac (157 ha) 86 ac (35 ha) 86 ac (35 ha) 401 ac (162 ha)
CASSA 3
----------------------------------------------------------------------------------------------------------------
11b. San Jacinto Avenue/ Dawson 0 ac (0 ha) 117 ac (47 ha) 117 ac (47 ha) 117 ac (47 ha)
Road CASSA 3
----------------------------------------------------------------------------------------------------------------
11c. Case Road 0 ac (0 ha) 179 ac (73 ha) 180 ac (73 ha) 180 ac (73 ha)
CASSA 3
----------------------------------------------------------------------------------------------------------------
11d. Railroad Canyon 78 ac (32 ha) 202 ac (82 ha) 135 ac (55 ha) 257 ac (104 ha)
CASSA 3
----------------------------------------------------------------------------------------------------------------
11e. Upper Salt Creek (Stowe 0 ac (0 ha) 145 ac (59 ha) 145 ac (59 ha) 145 ac (59 ha)
Pool) CASSA 3
----------------------------------------------------------------------------------------------------------------
11f. Santa Rosa Plateau - Mesa 221 ac (89 ha) 53 ac (21 ha) 53 ac (21 ha) 234 ac (95 ha)
de Colorado CASSA 7
----------------------------------------------------------------------------------------------------------------
11g. Santa Rosa Plateau - South 117 ac (47 ha) 0 ac (0 ha) 0 ac (0 ha) 117 ac (47 ha)
of Tenaja Road
----------------------------------------------------------------------------------------------------------------
11h. Santa Rosa Plateau - North 44 ac (18 ha) 0 ac (0 ha) 0 ac (0 ha) 44 ac (18 ha)
of Tenaja Road
----------------------------------------------------------------------------------------------------------------
Total\1\ 846 ac (342 ha) 782 ac (316 ha) 715 ac (289 ha) 1,494 ac (605 ha)
----------------------------------------------------------------------------------------------------------------
\1\ Values in this table may not sum due to rounding.
The Western Riverside County MSHCP identifies five conservation
objectives that will be implemented to provide long-term conservation
of Brodiaea filifolia: (1) Include within the MSHCP Conservation Area
at least 6,900 ac (2,792 ha) of grassland and playa/vernal pool habitat
within the San Jacinto River, Mystic Lake, and Salt Creek areas; (2)
include within the Western Riverside County MSHCP Conservation Area at
least 11 major locations supporting B. filifolia in two core areas
along the San Jacinto River and on the Santa Rosa Plateau; (3) conduct
surveys for the species in certain areas of suitable habitat until the
conservation goals are met (in accordance with the ``Additional Survey
Needs and Procedures'' policy within the CASSA, which includes
avoidance of 90 percent of portions of property with long-term
conservation value until the species conservation objectives are met);
(4) include within the Western Riverside County MSHCP Conservation Area
the floodplain along the San Jacinto River to maintain floodplain
processes along the San Jacinto River; and (5) include within the MSHCP
Conservation Area the floodplain along Salt Creek from Warren Road to
Newport Road, and the vernal pools in Upper Salt Creek west of Hemet
(Dudek and Associates, Inc. 2003, pp. P-435-P-446; Service 2004b, pp.
383-384). Additionally, the Western Riverside County MSHCP requires
surveys to be conducted for B. filifolia within the MSHCP Conservation
Area at least every 8 years to verify occupancy at a minimum 75 percent
of the known locations. Management measures will be triggered, as
appropriate, if a decline in species distribution is documented below
this threshold. Other management actions will help maintain habitat and
populations of B. filifolia by preventing alteration of hydrology and
floodplain dynamics, OHV use, grazing, and competition from nonnative
invasive plants.
The goal of conserving 6,900 ac (2,792 ha) of occupied or suitable
habitat for Brodiaea filifolia in the MSHCP Conservation Area can be
attained through acquisition or other dedications of land assembled
from within the Criteria Area (i.e., the Additional Reserve Lands) or
Narrow Endemic Plan Species Survey Area, and through coordinated
management of existing PQP lands. We internally mapped a ``Conceptual
Reserve Design,'' that illustrates existing PQP lands and predicts the
geographic distribution of the Additional Reserve Lands based on our
interpretation of the textual descriptions of habitat conservation
necessary to meet conservation goals. Our Conceptual Reserve Design was
intended to predict one possible future configuration of the eventual
approximately 153,000 ac (61,916 ha) of Additional Reserve Lands in
conjunction with the existing PQP lands, including approximately 6,900
ac (2,792 ha) of ``suitable'' B. filifolia habitat, that will be
conserved to meet the goals and objectives of the plan (Service 2004b,
p. 73).
Preservation and management of approximately 6,900 ac (2,792 ha) of
Brodiaea filifolia habitat under the Western Riverside County MSHCP
will contribute to conservation and ultimate recovery of this species.
Brodiaea filifolia is threatened primarily by agricultural activities,
development, and fuel modification actions to prevent wildfire within
the area the plan covers (Service 2004b, pp. 378-386). The Western
Riverside County MSHCP will remove and reduce threats to this species
and the physical and biological features essential to its conservation
as the plan is implemented by placing large blocks of occupied and
unoccupied habitat into preservation throughout the Conservation Area.
Areas identified for preservation and conservation include known
locations of the species along the San Jacinto River, Mystic Lake, and
Salt Creek portions of the MSHCP Conservation Area. Specific areas
targeted for conservation include occurrences along Goetz Road, Perris
Valley airport, Tenaja Road, Mesa de Colorado, Hemet vernal pools,
South SJWA, Squaw Mountain, Santa Rosa ranch, Slaughterhouse, North
SJWA, and Redondo Mesa.
The Western Riverside County MSHCP Conservation Area will
[[Page 64965]]
maintain floodplain processes along the San Jacinto River and along
Salt Creek to provide for the distribution of Brodiaea filifolia to
shift over time as hydrologic conditions and seed bank sources change.
As described above, surveys for B. filifolia will be conducted in
certain areas of suitable habitat until the conservation goals are met
(in accordance with the ``Additional Survey Needs and Procedures''
policy within CASSA. The CASSA area includes potential habitat for B.
filifolia; thus, focused surveys are required for this species.
Conservation within this area includes avoidance of 90 percent of
portions of property with long-term conservation value until the
species conservation objectives of the Western Riverside County MSHCP
are met. Additionally, policies such as the Riparian/Riverine and
Vernal Pool Policy (Dudek and Associates, Inc. 2003, pp. 6-20-6-27)
provide additional conservation requirements.
The Western Riverside County MSHCP incorporates several processes
that allow for Service oversight and participation in program
implementation. These processes include: (1) Consultation with the
Service on a long-term management and monitoring plan; (2) submission
of annual monitoring reports; (3) annual status meetings with the
Service; and (4) submission of annual implementation reports to the
Service (Service 2004b, p. 9-10). Below we provide a brief analysis of
the lands in Unit 11 that the Secretary is considering to exercise his
discretion to exclude and how this area is covered by the Western
Riverside County MSHCP or other conservation measures.
The Western Riverside County MSHCP has several measures in place to
ensure the plan is implemented in a way that conserves Brodiaea
filifolia in accordance with the species-specific criteria and
objectives for this species. In the areas we propose as critical
habitat, we expect the Western Riverside County MSHCP will adequately
conserve this species or provide for biologically equivalent
conservation in an equally suitable area. We are proposing six subunits
within Unit 11, all of which are within the boundaries of the Western
Riverside County MSHCP.
Lands already in permanent conservation include a portion of lands
in Subunits 11a, 11d, 11f, 11g, 11h. For example, subunit 11f is within
the Santa Rosa Plateau Ecological Reserve. This Reserve has four
landowners: CDFG, the County of Riverside, the Metropolitan Water
District of Southern California, and The Nature Conservancy. The
landowners and the Service (which owns no land on the Plateau) signed a
cooperative management agreement on April 16, 1991 (Dangermond and
Associates, Inc. 1991), and meet regularly to work on the management of
the Reserve (Riverside County Parks 2009, p. 2). The vernal pools
within Subunit 11f are managed and monitored to preserve the unique
vernal pool plants and animals that occur on the Santa Rosa Plateau,
including Mesa de Colorado.
Approximately 96 percent of Subunit 11a (385 ac (156 ha)) is within
the San Jacinto Wildlife Area, a wildlife area owned and operated by
the CDFG. This area consists of restored wetlands that provide habitat
for waterfowl and wading birds, as well as seasonally flooded vernal
plain habitat along the San Jacinto River north of the Ramona
Expressway that supports Brodiaea filifolia. The Service regularly
works with CDFG to ensure that the seasonally flooded alkali vernal
plain habitat at the San Jacinto Wildlife Area continues to function
and provide a benefit to B. filifolia and other sensitive species that
use this habitat. In addition to the portion of Subunit 11a owned by
CDFG, 84 ac (34 ha) of the remaining land is within the Criteria Area.
Subunits 11b, 11c, 11e, and the remainder of the other subunits not
discussed above are not conserved at this time. These subunits have
protections in place from past conservation efforts, through various
HCP requirements (such as the ``Additional Survey Needs and
Procedures'' policy within the CASSA), or because they are within the
Criteria Area. Projects in the Criteria Area will be implemented
through the Joint Project Review Process to ensure that the
requirements of the MSHCP permit and the Implementing Agreement are
properly met (Western Riverside County MSHCP, Volume 1, section 6.6.2
in Dudek and Associates, Inc. 2003, p. 6-82).
In summary, the Secretary is considering to exercise his discretion
to exclude 1,494 ac (605 ha) of proposed critical habitat for Brodiaea
filifolia on permittee-owned or controlled lands in Subunits 11a, 11b,
11c, 11d, 11e, 11f, 11g, and 11h that meet the definition of critical
habitat for B. filifolia within the Western Riverside County MSHCP
under section 4(b)(2) of the Act. The 1998 final listing rule for B.
filifolia identified the following primary threats to B. filifolia:
habitat destruction and fragmentation from urban and agricultural
development, pipeline construction, road construction, alteration of
hydrology and floodplain dynamics, excessive flooding, channelization,
OHV activity, trampling by cattle and sheep, weed abatement, fire
suppression practices (including discing and plowing), and competition
from nonnative invasive plant species (63 FR 54938; October 13, 1998).
The implementation of the Western Riverside County MSHCP helps to
address these threats through a regional planning effort rather than
through a project-by-project approach and outlines species-specific
objectives and criteria for the conservation of B. filifolia. In the
final revised critical habitat rule for B. filifolia, we will analyze
the benefits of inclusion and exclusion of this area from critical
habitat under section 4(b)(2) of the Act. We encourage any public
comment in relation to our consideration of the areas in Subunits 11a,
11b, 11c, 11d, 11e, 11f, 11f, 11g, and 11h for exclusion (see Public
Comments section above).
San Diego Multiple Species Conservation Program (MSCP) - City and
County of San Diego Subarea Plans
The MSCP is a subregional HCP made up of several subarea plans that
has been in place for more than a decade. The subregional plan area
encompasses approximately 582,243 ac (235,626 ha) (County of San Diego
1997, p. 1-1; MSCP 1998, pp. 2-1, and 4-2 to 4-4) and provides for
conservation of 85 federally listed and sensitive species (``covered
species'') through the establishment and management of approximately
171,920 ac (69,574 ha) of preserve lands within the Multi-Habitat
Planning Area (MHPA) (City of San Diego) and Pre-Approved Mitigation
Areas (PAMA) (County of San Diego). The MSCP was developed in support
of applications for incidental take permits for several federally
listed species by 12 participating jurisdictions and many other
stakeholders in southwestern San Diego County. Under the umbrella of
the MSCP, each of the 12 participating jurisdictions is required to
prepare a subarea plan that implements the goals of the MSCP within
that particular jurisdiction. Brodiaea filifolia was evaluated in the
City and County of San Diego Subarea Plans under the MSCP. The Service
issued an incidental take permit to the City of San Diego on July 18,
1997 (Service 1997), and to the County of San Diego on March 17, 1998
(Service 1998), under section 10(a)(1)(B) of the Act; each permit is
for a period of 50 years. Specifically, the Secretary is considering to
exercise his discretion to exclude 109 ac (44 ha) in Unit 12 that are
within the City and County of San Diego Subarea Plans.
Upon completion of preserve assembly, approximately 171,920 ac
[[Page 64966]]
(69,574 ha) of the 582,243-ac (235,626-ha) MSCP plan area will be
preserved (MSCP 1998, pp. 2-1 and 4-2 to 4-4). City and County of San
Diego Subarea Plans identify areas where mitigation activities should
be focused to assemble preserve areas in the MHPA and the PAMA. When
the preserve is completed, the public sector (i.e., Federal, State, and
local government, and general public) will have contributed 108,750 ac
(44,010 ha) (63.3 percent) to the preserve, of which 81,750 ac (33,083
ha) (48 percent) was existing public land when the MSCP was established
and 27,000 ac (10,927 ha) (16 percent) will have been acquired. At
completion, the private sector will have contributed 63,170 ac (25,564
ha) (37 percent) to the preserve as part of the development process,
either through avoidance of impacts or as compensatory mitigation for
impacts to biological resources outside the preserve. Currently and in
the future, Federal and State governments, local jurisdictions and
special districts, and managers of privately owned lands will manage
and monitor their lands in the preserve for species and habitat
protection (MSCP 1998, pp. 2-1 and 4-2 to 4-4).
Private lands within the PAMA and MHPA are subject to special
restrictions on development, and lands that are dedicated to the
preserve must be legally protected and permanently managed to conserve
the covered species. Public lands owned by the County, State of
California, and the Federal government that are identified for
conservation under the MSCP must also be protected and permanently
managed to protect the covered species. Specifically, Brodiaea
filifolia is only known to occur in the areas proposed as Unit 12
within the City and County of San Diego Subarea Plans and those areas
are being conserved under the plans.
Numerous processes are incorporated into the MSCP that allow our
oversight of the MSCP implementation. For example, the MSCP imposes
annual reporting requirements and provides for our review and approval
of proposed subarea plan amendments and preserve boundary adjustments
and for Service review and comment on projects during the California
Environmental Quality Act review process. We also chair the MSCP
Habitat Management Technical Committee and the Monitoring Subcommittee
(MSCP 1998, pp. 5-11 to 5-23). Each MSCP subarea plan must account
annually for the progress it is making in assembling conservation
areas. We must receive annual reports that include, both cumulatively
and by project, the habitat acreage destroyed and conserved within the
subareas. This accounting process ensures that habitat conservation
proceeds in rough proportion to habitat loss and in compliance with the
MSCP subarea plans and the plans' associated implementing agreements.
In summary, the Secretary is considering to exercise his discretion
to exclude 109 ac (44 ha) that meet the definition of critical habitat
for Brodiaea filifolia within the City and County of San Diego Subarea
Plans under the San Diego MSCP under section 4(b)(2) of the Act. The
1998 final listing rule for B. filifolia identified the following
primary threats to B. filifolia: habitat destruction and fragmentation
from urban and agricultural development, pipeline construction, road
construction, alteration of hydrology and flood plain dynamics,
excessive flooding, channelization, OHV activity, trampling by cattle
and sheep, weed abatement, fire suppression practices (including
discing and plowing), and competition from nonnative invasive plant
species (63 FR 54938; October 13, 1998). The implementation of the City
and County of San Diego Subarea Plans under the San Diego MSCP helps to
address these threats through a regional planning effort rather than
through a project-by-project approach, and outlines species-specific
objectives and criteria for the conservation of B. filifolia. We will
analyze the benefits of inclusion and exclusion of this area from
critical habitat under section 4(b)(2) of the Act. We encourage any
public comment in relation to our consideration of the areas in Unit 12
for exclusion (see Public Comments section above).
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we are obtaining the expert
opinions of at least three appropriate independent specialists
regarding this proposed rule. The purpose of peer review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We will invite these peer reviewers to
comment during this public comment period on our specific assumptions
and conclusions in this proposed revised designation of critical
habitat. We will consider all comments and information we receive
during this comment period on this proposed rule during our preparation
of a final determination. Accordingly, our final decision may differ
from this proposal.
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if we receive any requests for hearings. We must
receive your request for a public hearing within 45 days after the date
of this Federal Register publication. Send your request to Jim Bartel,
Field Supervisor of the Carlsbad Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT section). We will schedule public hearings
on this proposal, if any are requested, and announce the dates, times,
and places of those hearings, as well as how to obtain reasonable
accommodations, in the Federal Register and local newspapers at least
15 days before the first hearing.
Required Determinations
Regulatory Planning and Review - Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this proposed rule under
Executive Order 12866 (E.O. 12866). OMB bases its determination upon
the following four criteria:
(1) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(2) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(3) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(4) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency must publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. SBREFA amended the
RFA to require Federal agencies to provide a statement of factual basis
for certifying that the rule will not have a significant
[[Page 64967]]
economic impact on a substantial number of small entities.
An analysis of the economic impacts of the 2004 proposed critical
habitat designation was made available to the public on October 6, 2005
(70 FR 58361), and finalized for the final rule to designate critical
habitat for Brodiaea filifolia as published in the Federal Register on
December 13, 2005 (70 FR 58361). The costs associated with critical
habitat for B. filifolia, across the entire area considered for
designation (across designated and excluded areas), were primarily due
to mitigation and other conservation costs that may be required for
real estate development projects. After excluding land in Riverside and
San Diego Counties from the proposed critical habitat, the economic
impact was estimated to be between $12.2 and $14.7 million (on a
present/2005 value basis) or $12.2 to $16.9 million in undiscounted
dollars (an annualized cost of $0.6 to $0.8 million annually) over the
next 20 years. Based on the 2005 economic analysis, we concluded that
the designation of critical habitat for B. filifolia, as proposed in
2004, would not result in significant small business impacts. This
analysis is presented in the notice of availability for the economic
analysis as published in the Federal Register on October 6, 2005 (70 FR
58361).
We are preparing a new analysis of the economic impacts of this
proposed revision to critical habitat for Brodiaea filifolia. At this
time, we lack current economic information necessary to provide an
updated factual basis for the required RFA finding with regard to this
proposed revision to critical habitat. Therefore, we defer the RFA
finding until completion of the draft economic analysis prepared under
section 4(b)(2) of the Act and E.O. 12866. The draft economic analysis
will provide the required factual basis for the RFA finding. Upon
completion of the draft economic analysis, we will announce its
availability in the Federal Register and reopen the public comment
period for the proposed designation. We will include with this
announcement, as appropriate, an initial regulatory flexibility
analysis or a certification that the rule will not have a significant
economic impact on a substantial number of small entities accompanied
by the factual basis for that determination. We concluded that
deferring the RFA finding until completion of the draft economic
analysis is necessary to meet the purposes and requirements of the RFA.
Deferring the RFA finding in this manner will ensure that we make a
sufficiently informed determination based on adequate economic
information and provide the necessary opportunity for public comment.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act, we make the
following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or Tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5) - (7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or [T]ribal governments,'' with
two exceptions. It excludes ``a condition of Federal assistance.'' It
also excludes ``a duty arising from participation in a voluntary
Federal program,'' unless the regulation ``relates to a then-existing
Federal program under which $500,000,000 or more is provided annually
to State, local, and [T]ribal governments under entitlement
authority,'' if the provision would ``increase the stringency of
conditions of assistance'' or ``place caps upon, or otherwise decrease,
the Federal Government's responsibility to provide funding,'' and the
State, local, or Tribal governments ``lack authority'' to adjust
accordingly. At the time of enactment, these entitlement programs were:
Medicaid; AFDC work programs; Child Nutrition; Food Stamps; Social
Services Block Grants; Vocational Rehabilitation State Grants; Foster
Care, Adoption Assistance, and Independent Living; Family Support
Welfare Services; and Child Support Enforcement. ``Federal private
sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, permits, or otherwise require approval or
authorization from a Federal agency for an action may be indirectly
impacted by the designation of critical habitat, the legally binding
duty to avoid destruction or adverse modification of critical habitat
rests squarely on the Federal agency. Furthermore, to the extent that
non-Federal entities are indirectly impacted because they receive
Federal assistance or participate in a voluntary Federal aid program,
the Unfunded Mandates Reform Act would not apply, nor would critical
habitat shift the costs of the large entitlement programs listed above
onto State governments.
(2) Based in part on an analysis conducted for the previous
designation of critical habitat and extrapolated to this designation,
we do not expect this rule to significantly or uniquely affect small
governments. Small governments will be affected only to the extent that
if any of their programs or activities involve Federal funds, permits,
or other authorizations, the Federal action agencies must ensure that
their actions are not likely to destroy or adversely modify the
critical habitat. Therefore, a Small Government Agency Plan is not
required. However, as we conduct our economic analysis for the revised
rule, we will further evaluate this issue and revise this assessment if
appropriate.
Takings - Executive Order 12630
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for Brodiaea filifolia in a takings implications assessment.
The takings implications assessment concludes that this designation of
critical habitat for B. filifolia does not pose significant takings
implications for lands within or affected by the designation.
Federalism - Executive Order 13132
In accordance with E.O. 13132 (Federalism), this proposed rule does
not have significant Federalism effects. A Federalism assessment is not
required. In keeping with Department of the Interior and Department of
Commerce policy, we requested information from, and coordinated
development of, this proposed critical habitat designation with
appropriate State resource agencies in California. The designation may
have some benefit to these governments because the areas that contain
the features essential to the conservation of the species are more
clearly defined, and the primary constituent elements of the habitat
necessary to the conservation of the species are specifically
identified. This information does not alter where and
[[Page 64968]]
what federally sponsored activities may occur. However, it may assist
these local governments in long-range planning (because these local
governments no longer have to wait for case-by-case section 7
consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid destruction or adverse
modification of critical habitat rests squarely on the Federal agency.
Civil Justice Reform - Executive Order 12988
In accordance with Executive Order 12988 (Civil Justice Reform), it
has been determined that the rule does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order. We have proposed to revise critical habitat in accordance with
the provisions of the Act. This proposed rule uses standard property
descriptions and identifies the primary constituent elements within the
designated areas to assist the public in understanding the habitat
needs of Brodiaea filifolia.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses as defined by NEPA (42 U.S.C. 4321 et seq.) in
connection with designating critical habitat under the Act. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This position was
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S.
1042 (1996)).
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Government-to-Government Relationship with Tribes
In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal
Governments (59 FR 22951), E.O. 13175, and the Department of the
Interior's manual at 512 DM 2, we have a responsibility to communicate
meaningfully with recognized Federal Tribes on a government-to-
government basis. In accordance with Secretarial Order 3206 of June 5,
1997 (American Indian Tribal Rights, Federal-Tribal Trust
Responsibilities, and the Endangered Species Act), we readily
acknowledge our responsibilities to work directly with Tribes in
developing programs for healthy ecosystems, to acknowledge that tribal
lands are not subject to the same controls as Federal public lands, to
remain sensitive to Indian culture, and to make information available
to Tribes.
We determined that there are no tribal lands meeting the definition
of critical habitat for Brodiaea filifolia. Therefore, critical habitat
for B. filifolia is not being proposed on tribal lands. We will
continue to coordinate with tribal governments as applicable during the
designation process.
Energy Supply, Distribution, or Use - Executive Order 13211
On May 18, 2001, the President issued an Executive Order (E.O.
13211; Actions Significantly Affect Energy Supply, Distribution, or
Use) on regulations that significantly affect energy supply,
distribution, and use. E.O. 13211 requires agencies to prepare
Statements of Energy Effects when undertaking certain actions. Based on
an analysis conducted for the previous designation of critical habitat
and extrapolated to this designation, along with a further analysis of
the additional areas included in this revision, we determined that this
proposed rule to designate critical habitat for Brodiaea filifolia is
not expected to significantly affect energy supplies, distribution, or
use. Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required. However, we will further
evaluate this issue as we conduct our economic analysis, and review and
revise this assessment as warranted.
References Cited
A complete list of all references cited in this rulemaking is
available on http://www.regulations.gov and upon request from the Field
Supervisor, Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT section).
Author(s)
The primary author of this proposed rule is the staff from the
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In Sec. 17.12(h), revise the entry for ``Brodiaea filifolia''
under ``Flowering Plants'' to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
[[Page 64969]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
SPECIES
------------------------------------------------ Historic Range Family Status When Listed Critical Special Rules
Scientific Name Common Name Habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brodiaea filifolia thread-leaved U.S.A. (CA) Themidaceae - T 650 17.96(a) NA
brodiaea Cluster Lily
--------------------------------------------------------------------------------------------------------------------------------------------------------
...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.96(a) by:
a. Removing the entry for ``Brodiaea filifolia (thread-leaved
brodiaea)'' under Family Liliaceae; and
b. Adding a new entry for ``Brodiaea filifolia (thread-leaved
brodiaea)'' under Family Themidaceae in alphabetic order by family name
to read as follows:
Sec. 17.96 Critical habitat--plants.
(a) Flowering plants.
* * * * *
Family Themidaceae: Brodiaea filifolia (thread-leaved brodiaea)
(1) Critical habitat units are depicted for Los Angeles, San
Bernardino, Riverside, Orange, and San Diego Counties, California, on
the maps below.
(2) Within these areas, the primary constituent elements for
Brodiaea filifolia consist of two components:
(i) Appropriate soil series at a range of elevations and in a
variety of plant communities, specifically:
(A) Clay soil series of various origins (such as Alo, Altamont,
Auld, or Diablo), clay lenses found as unmapped inclusions in other
soils series, or loamy soils series underlain by a clay subsoil (such
as Fallbrook, Huerhuero, or Las Flores) occurring between the
elevations of 100 and 2,500 ft (30 and 762 m).
(B) Soils (such as Cieneba-rock outcrop complex and Ramona family-
Typic Xerothents soils) altered by hydrothermal activity occurring
between the elevations of 1,000 and 2,500 ft (305 and 762 m).
(C) Silty loam soil series underlain by a clay subsoil or caliche
that are generally poorly drained, moderately to strongly alkaline,
granitic in origin (such as Domino, Grangeville, Traver, Waukena, or
Willows) occurring between the elevations of 600 and 1,800 ft (183 and
549 m).
(D) Clay loam soil series (such as Murrieta) underlain by heavy
clay loams or clays derived from olivine basalt lava flows occurring
between the elevations of 1,700 and 2,500 ft (518 and 762 m).
(E) Sandy loam soils derived from basalt and granodiorite parent
materials; deposits of gravel, cobble, and boulders; or hydrologically
fractured, weathered granite in intermittent streams and seeps
occurring between 1,800 and 2,500 ft (549 and 762 m).
(ii) Areas with a natural, generally intact surface and subsurface
soil structure, not permanently altered by anthropogenic land use
activities (such as deep, repetitive discing, or grading) extending out
up to 820 ft (250 m) from mapped occurrences of Brodiaea filifolia.
(3) Critical habitat does not include manmade structures existing
on the effective date of this rule and not containing one or more of
the primary constituent elements, such as buildings, aqueducts,
airports, and roads, and the land on which such structures are located.
(4) Critical habitat map units. Data layers defining map units
were created using a base of U.S. Geological Survey 7.5' quadrangle
maps. Critical habitat units were then mapped using Universal
Transverse Mercator (UTM) zone 11, North American Datum (NAD) 1983
coordinates.
(5) Note: Index Map of critical habitat units for Brodiaea
filifolia (thread-leaved brodiaea) follows:
BILLING CODE 4310-55-S
[[Page 64970]]
[GRAPHIC] [TIFF OMITTED] TP08DE09.008
[[Page 64971]]
(6) Unit 1: Los Angeles County.
(i) Subunit 1a, Glendora [Description of unit location to be
inserted here.]
(ii) Subunit 1b, San Dimas. [Description of unit location to be
inserted here.]
(iii) Note: Map of Unit 1, Subunits 1a and 1b, follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.009
[[Page 64972]]
(7) Unit 2: San Bernardino County.
(i) [Description of unit location to be inserted here.]
(ii) Note: Map of Unit 2 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.010
[[Page 64973]]
(8) Unit 3: Central Orange County.
(i) [Description of unit location to be inserted here.]
(ii) Note: Map of Unit 3 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.011
[[Page 64974]]
(9) Unit 4: Southern Orange County.
(i) Subunit 4b, Caspers Wilderness Park. [Description of unit
location to be inserted here.]
(ii) Subunit 4c, Ca[ntilde]ada Governadora/Chiquita Ridgeline.
[Description of unit location to be inserted here.]
(iii) Subunit 4g, Christianitos Canyon. [Description of unit
location to be inserted here.]
(iv) Note: Map of Unit 4 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.012
[[Page 64975]]
(10) Unit 5: Northern San Diego County.
(i) Subunit 5b, Devil Canyon. [Description of unit location to be
inserted here.]
(ii) Note: Map of Unit 5 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.013
[[Page 64976]]
(11) Unit 6: Oceanside.
(i) Subunit 6a, Alta Creek. [Description of unit location to be
inserted here.]
(ii) Subunit 6b, Mesa Drive. [Description of unit location to be
inserted here.]
(iii) Subunit 6c, Mission View/Sierra Ridge. [Description of unit
location to be inserted here.]
(iv) Subunit 6d, Taylor/Darwin. [Description of unit location to be
inserted here.]
(v) Subunit 6e, Arbor Creek. [Description of unit location to be
inserted here.]
(vi) Note: Map of Unit 6 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.014
[[Page 64977]]
(12) Unit 7: Carlsbad.
(i) Subunit 7a, Letterbox Canyon. [Description of unit location to
be inserted here.]
(ii) Subunit 7b, Rancho Carrillo. [Description of unit location to
be inserted here.]
(iii) Subunit 7c, Calavera Hills Village. [Description of unit
location to be inserted here.]
(iv) Subunit 7d, Rancho La Costa. [Description of unit location to
be inserted here.]
(v) Note: Map of Unit 7 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.015
[[Page 64978]]
(13) Unit 8: San Marcos and Vista.
(i) Subunit 8b, Rancho Santalina/Loma Alta. [Description of unit
location to be inserted here.]
(ii) Subunit 8d, Upham. [Description of unit location to be
inserted here.]
(iii) Subunit 8f, Oleander/San Marcos. [Description of unit
location to be inserted here.]
(iv) Note: Map of Unit 8 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.016
[[Page 64979]]
(14) Unit 11: Riverside County.
(i) Subunit 11a, San Jacinto Wildlife Area. [Description of unit
location to be inserted here.]
(ii) Subunit 11b, San Jacinto Avenue/Dawson Road. [Description of
unit location to be inserted here.]
(iii) Subunit 11c, Case Road. [Description of unit location to be
inserted here.]
(iv) Subunit 11d, Railroad Canyon. [Description of unit location to
be inserted here.]
(v) Subunit 11e, Upper Salt Creek (Stowe Pool). [Description of
unit location to be inserted here.]
(vi) Subunit 11f, Santa Rosa Plateau--Mesa de Colorado.
[Description of unit location to be inserted here.]
(vii) Subunit 11g, Santa Rosa Plateau--South of Tenaja Road.
[Description of unit location to be inserted here.]
(viii) Subunit 11h, Santa Rosa Plateau--North of Tenaja Road.
[Description of unit location to be inserted here.]
(ix) Note: Map of Unit 11 follows:
[[Page 64980]]
[GRAPHIC] [TIFF OMITTED] TP08DE09.017
[[Page 64981]]
[GRAPHIC] [TIFF OMITTED] TP08DE09.018
[[Page 64982]]
(15) Unit 12: San Diego County.
(i) [Description of unit location to be inserted here.]
(ii) Note: Map of Unit 12 follows:
[GRAPHIC] [TIFF OMITTED] TP08DE09.019
* * * * *
Dated: November 21, 2009.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-28869 Filed 12-7-09; 8:45 am]
BILLING CODE 4310-55-C