[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Pages 7858-8014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3600]



[[Page 7857]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



Reissuance of NPDES General Permits for Storm Water Discharges From 
Construction Activities; Notice

  Federal Register / Vol. 63, No. 31 / Tuesday, February 17, 1998 / 
Notices  

[[Page 7858]]



ENVIRONMENTAL PROTECTION AGENCY

[FRL-5965-9]


Reissuance of NPDES General Permits for Storm Water Discharges 
From Construction Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final NPDES general permits.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrators of Regions 1, 2, 3, 7, 8, 9 and 10 
are today issuing final National Pollutant Discharge Elimination System 
(NPDES) general permits for storm water discharges associated with 
construction activity. EPA first issued permits for these activities in 
September 1992. These permits subsequently expired in September 1997. 
Today's permits, which replace the expired permits, authorize the 
discharge of pollutants in storm water runoff from construction 
activities in accordance with the terms and conditions of these 
permits. Hereinafter, the terms ``permit'' or ``construction general 
permit'' or ``CGP'' will replace ``permits'' for reasons of readability 
(the pluralized form is technically more proper, denoting the issuance 
of separate general permits in each of the Regions listed above).

DATES: This general permit shall be effective on February 17, 1998. 
This effective date is necessary to provide dischargers with the 
immediate opportunity to comply with CWA requirements in light of the 
recent expiration of the previous general permit for storm water 
discharges associated with construction activity. Deadlines for 
submittal of Notices of Intent (NOIs) are provided in section V, Part 
II.A, of the Fact Sheet and Part II.A of the general permit. Today's 
general permit also provides additional dates for compliance with the 
terms of the permit.

ADDRESSES: The index to the administrative record for this permit is 
available at the appropriate Regional Office or from the EPA Water 
Docket in Washington, DC. The complete administrative record is located 
at the Water Docket, MC-4101, U.S. EPA, 401 M Street SW, Washington, DC 
20460. Copies of information in the record are available upon request. 
A reasonable fee may be charged for copying. Specific record 
information can also be made available at the appropriate Regional 
Office upon request.

NOTICE OF INTENT FORMS: A Notice of Intent (NOI) form must be submitted 
to obtain coverage for storm water discharges under this permit. Until 
the U.S. Office of Management and Budget (OMB) approves and the EPA 
publishes a revised NOI form designed specifically for this permit, 
operators of storm water discharges associated with construction 
activity must use the existing NOI form to obtain permit coverage. Upon 
publication of the revised NOI form in the Federal Register, operators 
must use the revised form to obtain coverage under the Construction 
General Permit.

FOR FURTHER INFORMATION CONTACT: For further information on the NPDES 
Construction General Permit, call the EPA Regions 6 and 2 Storm Water 
Hotline at 1-800-245-6510, or your EPA Regional storm water 
coordinator. Information is also available through the Internet on the 
EPA's Office of Wastewater Management web site at ``http://www.epa.gov/
owm/cgp.htm'' and at the various EPA Regional Office Internet web 
sites.

SUPPLEMENTARY INFORMATION:

Contents

I. Introduction
II. Answers to Common Questions
III. Coverage Provided by General Permits
IV. Summary of Options for Controlling Pollutants
V. Summary of Permit Conditions
VI. Endangered Species Protection
VII. Historic Properties Protection
VIII. Summary of Responses to Comments on the Proposed Permit
IX. Cost Estimates
X. Regulatory Review (Executive Order 12866)
XI. Unfunded Mandates Reform Act
XII. Paperwork Reduction Act
XIII. Regulatory Flexibility Act
XIV. Official Signatures

I. Introduction

    The United States Environmental Protection Agency (EPA) is 
reissuing the general permit which authorizes the discharge of 
pollutants in storm water associated with construction activity. As 
used in this permit, ``storm water associated with construction 
activity'' refers to category (x) of the definition of ``discharge of 
storm water associated with industrial activity.'' Category (x) 
includes construction activity disturbing at least five acres, or 
construction activity disturbing less than five acres which is part of 
a larger common plan of development or sale with the potential to 
disturb cumulatively five or more acres (See 40 CFR 122.26(b)(14)).
    This construction general permit is written as if it was a single 
permit rather than the 45 legally separate and individually numbered 
general permits it is comprised of. Unless otherwise noted, references 
to ``the permit'' apply to the common language of each of the 45 
separate general permits. Any area-specific conditions that apply are 
found in Part X of the permit.
    This permit replaces the previous Baseline Construction General 
Permit which was issued for a five-year term in September 1992. The 
most significant changes from the 1992 permit include:
     New conditions to protect listed endangered and threatened 
species and critical habitats;
     Expanded coverage to construction sites under five acres 
of disturbed land which are not part of a larger common plan of 
development or sale when an operator has been designated by the 
Director to obtain coverage pursuant to 40 CFR 122.26(a)(1)(v) or 
122.26(a)(9) and 122.26(g)(1)(i);
     A requirement to post the confirmation of permit coverage 
(the permit number or copy of the Notice of Intent (NOI) if a permit 
number has not yet been assigned) including a brief description of the 
project;
     Terms applicable when transitioning from the previous 
permit;
     The requirement to submit a notice of permit termination 
when construction is completed;
     Automatic coverage under an expired, but administratively-
continued permit;
     Capability to use this permit to acquire coverage for 
other construction-related industrial activities (e.g., a concrete 
batch plant); and
     Storm water pollution prevention plan performance 
objectives.
    This general permit for storm water discharges associated with 
construction activity was proposed on June 2, 1997 (62 FR 29786), and 
is hereby issued with individual permit numbers for the following 
areas:
    Region 1: The Commonwealth of Massachusetts and the States of Maine 
and New Hampshire; Indian Country lands in the Commonwealth of 
Massachusetts and the States of Maine, Rhode Island and Connecticut; 
Federal facilities in Vermont.
    Region 2: The Commonwealth of Puerto Rico and Indian Country lands 
in the State of New York.
    Region 3: District of Columbia; Federal facilities in the State of 
Delaware.
    Region 7: Indian Country lands in Iowa, Kansas and Nebraska (except 
Pine Ridge Reservation Lands [see Region 8]).
    Region 8: Federal facilities in Colorado; Indian Country lands in 
Colorado (including the portion of the Ute Mountain Reservation located 
in New Mexico), Montana, North Dakota (including that portion of the 
Standing Rock Reservation located in South

[[Page 7859]]

Dakota and excluding the Lake Traverse Reservation which is covered 
under the permit for areas of South Dakota), South Dakota (including 
the portion of the Pine Ridge Reservation located in Nebraska and the 
portion of the Lake Traverse Reservation located in North Dakota and 
excluding the Standing Rock Reservation which is covered under the 
permit for areas of North Dakota), Utah (except Goshute and Navajo 
Reservation lands [see Region 9]) and Wyoming.
    Region 9: The Islands of American Samoa and Guam, Johnston Atoll, 
Midway/Wake Islands and Commonwealth of the Northern Mariana Islands; 
the State of Arizona; Indian Country Lands in Arizona (including Navajo 
Reservation lands in New Mexico and Utah), California and Nevada 
(including the Duck Valley Reservation in Idaho, the Fort McDermitt 
Reservation in Oregon and the Goshute Reservation in Utah).
    Region 10: The States of Alaska and Idaho; Indian Country lands in 
Alaska and Idaho (except Duck Valley Reservation [see Region 9]), 
Washington and Oregon (except for Fort McDermitt Reservation [see 
Region 9]); Federal facilities in Washington.

II. Answers to Common Questions

    In this section, EPA provides answers to some of the more common 
questions on the construction storm water permitting program. It is 
intended to help you get started in understanding the permit. Be aware 
these answers are fairly broad and may not take into account all 
scenarios possible at construction sites. More details on these issues 
are provided later in this Fact Sheet, especially in section VIII, 
Summary of Responses to Comments on the Proposed Permit.

How Do I Know If I Need a Permit?

    You need a storm water permit if you can be considered an 
``operator'' of the construction activity that would result in the 
``discharge of storm water associated with construction activity.'' You 
must become a permittee if you meet either of the following two 
criteria:
     You have operational control of construction project plans 
and specifications, including the ability to make modifications to 
those plans and specifications; or
     You have day-to-day operational control of those 
activities at a project which are necessary to ensure compliance with a 
storm water pollution prevention plan (SWPPP) for the site or other 
permit conditions (e.g., you are authorized to direct workers at a site 
to carry out activities required by the SWPPP or comply with other 
permit conditions).
    There may be more than one party at a site performing the tasks 
relating to ``operational control'' as defined above. Depending on the 
site and the relationship between the parties (e.g., owner, developer), 
there can either be a single party acting as site operator and 
consequently be responsible for obtaining permit coverage, or there can 
be two or more operators with all needing permit coverage. The 
following are three general operator scenarios (variations on any of 
the three are possible as the number of ``owners'' and contractors 
increases):
     Owner as sole permittee. The property owner designs the 
structures for the site, develops and implements the SWPPP, and serves 
as general contractor (or has an on-site representative with full 
authority to direct day-to-day operations). He may be the only party 
that needs a permit, in which case everyone else on the site may be 
considered subcontractors and not need permit coverage.
     Contractor as sole permittee. The property owner hires a 
construction company to design the project, prepare the SWPPP, and 
supervise implementation of the plan and compliance with the permit 
(e.g., a ``turnkey'' project). Here, the contractor would be the only 
party needing a permit. It is under this scenario that an individual 
having a personal residence built for his own use (e.g., not those to 
be sold for profit or used as rental property) would not be considered 
an operator. EPA believes that the general contractor, being a 
professional in the building industry, should be the entity rather than 
the individual who is better equipped to meet the requirements of both 
applying for permit coverage and developing and properly implementing a 
SWPPP. However, individuals would meet the definition of ``operator'' 
and require permit coverage in instances where they perform general 
contracting duties for construction of their personal residences.
     Owner and contractor as co-permittees. The owner retains 
control over any changes to site plans, SWPPPs, or storm water 
conveyance or control designs; but the contractor is responsible for 
overseeing actual earth disturbing activities and daily implementation 
of SWPPP and other permit conditions. In this case, both parties may 
need coverage.
    However, you are probably not an operator and subsequently do not 
need permit coverage if:
     You are a subcontractor hired by, and under the 
supervision of, the owner or a general contractor (i.e., if the 
contractor directs your activities on-site, you probably are not an 
operator); or
     Your activities on site result in earth disturbance and 
you are not legally a subcontractor, but a SWPPP specifically 
identifies someone other than you (or your subcontractor) as the party 
having operational control to address the impacts your activities may 
have on storm water quality (i.e., another operator has assumed 
responsibility for the impacts of your construction activities). This 
particular provision will apply to most utility service line 
installations. For further information concerning whether utility 
service line installations meet the definition of operator and require 
permit coverage, see the discussion under ``Installation of Utility 
Service Lines'' in section VIII, Summary Response to Public Comments of 
the Fact Sheet.
    In addition, for purposes of this permit and determining who is an 
operator, ``owner'' refers to the party that owns the structure being 
built. Ownership of the land where construction is occurring does not 
necessarily imply the property owner is an operator (e.g., a landowner 
whose property is being disturbed by construction of a gas pipeline). 
Likewise, if the erection of a structure has been contracted for, but 
possession of the title or lease to the land or structure is not to 
occur until after construction, the would-be owner may not be 
considered an operator (e.g., having a house built by a residential 
homebuilder).

My Project Will Disturb Less Than Five Acres, but It May Be Part of a 
``Larger Common Plan of Development or Sale.'' How Can I tell and What 
Must I Do?

    If your smaller project is part of a larger common plan of 
development or sale that collectively will disturb five or more acres 
(e.g., you are building on six half-acre residential lots in a 10-acre 
development or are putting in a parking lot in a large retail center) 
you need permit coverage. The ``plan'' in a common plan of development 
or sale is broadly defined as any announcement or piece of 
documentation (including a sign, public notice or hearing, sales pitch, 
advertisement, drawing, permit application, zoning request, computer 
design, etc.) or physical demarcation (including boundary signs, lot 
stakes, surveyor markings, etc.) indicating construction activities may 
occur on a specific plot. You must still meet the definition of 
operator in order to be required to get permit coverage, regardless of 
the acreage you personally

[[Page 7860]]

disturb. As a subcontractor, it is unlikely you would need a permit.
    For some situations where less than five acres of the original 
common plan of development remain undeveloped, a permit may not be 
needed for the construction projects ``filling in'' the last parts of 
the common plan of development. A case in which a permit would not be 
needed is where several empty lots totaling less than five acres remain 
after the rest of the project had been completed, providing 
stabilization had also been completed for the entire project. However, 
if the total area of all the undeveloped lots in the original common 
plan of development was more than five acres, a permit would be needed.

When Can You Consider Future Construction on a Property To Be Part of a 
Separate Plan of Development or Sale?

    In many cases, a common plan of development or sale consists of 
many small construction projects that collectively add up to five (5) 
or more acres of total disturbed land. For example, an original common 
plan of development for a residential subdivision might lay out the 
streets, house lots, and areas for parks, schools and commercial 
development that the developer plans to build or sell to others for 
development. All these areas would remain part of the common plan of 
development or sale until the intended construction occurs. After this 
initial plan is completed for a particular parcel, any subsequent 
development or redevelopment of that parcel would be regarded as a new 
plan of development, and would then be subject to the five-acre cutoff 
for storm water permitting purposes.

What Must I Do To Satisfy the Permit Eligibility Requirements Related 
to Endangered Species?

    In order to be eligible for this permit, you must follow the 
procedures and examples found in Addendum A for the protection of 
endangered species. You cannot submit your NOI until you are able to 
certify your eligibility for the permit. Enough lead time should be 
built into your project schedule to accomplish these procedures. If 
another operator has certified eligibility for the project (or at least 
the portion of the project you will be working on) in his NOI, you will 
usually be able to rely on his certification of project eligibility and 
not have to repeat the process. EPA created this ``coat tail'' 
eligibility option for protection of endangered species to allow the 
site developer/owner to obtain up-front ``clearance'' for a project, 
thereby avoiding duplication of effort by his contractors and 
unnecessary delays in construction.

What Does the Permit Require Regarding Historic Preservation?

    Today's permit does not currently impose requirements related to 
historic preservation, though EPA may modify the permit at a later date 
after further discussions with the Advisory Council on Historic 
Preservation. Therefore, under today's permit, EPA will conduct 
consultations as it did under the pre-existing Baseline Construction 
General Permit on a case-by-case basis as needed. Removal of the 
proposed permit provisions related to historic preservation in no way 
relieves applicants and permittees of their obligations to comply with 
applicable State, Tribal or local laws for the preservation of historic 
properties. EPA reminds permittees that according to section 110(k) of 
the National Historic Preservation Act (NHPA), an intentional action to 
significantly adversely affect historic resources with intent to avoid 
Federal historic preservation requirements may jeopardize future permit 
coverage for such a permittee.

How Many Notices of Intent (NOIs) Must I Submit? Where and When Are 
They Sent?

    You only need to submit one NOI to cover all activities on any one 
common plan of development or sale. The site map you develop for the 
storm water pollution prevention plan identifies which parts of the 
overall project are under your control. For example, if you are a 
homebuilder in a residential development, you need submit only one NOI 
to cover all your lots, even if they are on opposite sides of the 
development.
    The NOI must be postmarked two days before you begin work on site. 
The address for submitting NOIs is found in the instruction portion of 
the NOI form and in Part II.C. of the CGP. You must also look in Part X 
of the permit to determine if copies of the NOI form are to be sent to 
a State or Indian Tribe.

How Do I Know Which Permit Conditions Apply to Me?

    You are responsible for complying with all parts of the permit that 
are applicable to the construction activities you perform. Part III.E. 
of the permit defines the roles of various operators at a site. In 
addition, several States and Indian Tribes require alternative or 
additional permit conditions, and these can be found in Part X of the 
permit.

Do I Have Flexibility in Preparing the Storm Water Pollution Prevention 
Plan (SWPPP) and Selecting Best Management Practices (BMPs) for My 
Site?

    Storm water pollution prevention plan requirements were designed to 
allow maximum flexibility to develop the needed storm water controls 
based on the specifics of the site. Some of the factors you might 
consider include: more stringent local development requirements and/or 
building codes; precipitation patterns for the area at the time the 
project will be underway; soil types; slopes; layout of structures for 
the site; sensitivity of nearby water bodies; safety concerns of the 
storm water controls (e.g., potential hazards of water in storm water 
retention ponds to the safety of children; the potential of drawing 
birds to retention ponds and the hazards they pose to aircraft); and 
coordination with other site operators.

Must Every Permittee Have His Own Separate SWPPP or Is a Joint Plan 
Allowed?

    The only requirement is that there be at least one SWPPP for a site 
which incorporates the required elements for all operators, but there 
can be separate plans if individual permittees so desire. EPA 
encourages permittees to explore possible cost savings by having a 
joint SWPPP for several operators. For example, the prime developer 
could assume the inspection responsibilities for the entire site, while 
each homebuilder shares in the installation and maintenance of sediment 
traps serving common areas.

If a Project Will Not Be Completed Before This Permit Expires, How Can 
I Keep Permit Coverage?

    If the permit is reissued or replaced with a new one before the 
current one expires, you will need to comply with whatever conditions 
the new permit requires in order to transition coverage from the old 
permit. This usually includes submitting a new NOI. If the permit 
expires before a replacement permit can be issued, the permit will be 
administratively ``continued.'' You are automatically covered under the 
continued permit, without needing to submit anything to EPA, until the 
earliest of:
     The permit being reissued or replaced;
     Submittal of a Notice of Termination (NOT);
     Issuance of an individual permit for your activity; or
     The Director issues a formal decision not to reissue the 
permit, at

[[Page 7861]]

which time you must seek coverage under an alternative permit.

When Can I Terminate Permit Coverage? Can I Terminate Coverage (i.e., 
Liability for Permit Compliance) Before the Entire Project is Finished?

    You can submit an NOT for your portion of a site providing: (1) You 
have achieved final stabilization of the portion of the site for which 
you are a permittee (including, if applicable, returning agricultural 
land to its pre-construction agricultural use); (2) another operator/
permittee has assumed control according to Part VI.G.2.c. of the permit 
over all areas of the site that have not been finally stabilized which 
you were responsible for (for example, a developer can pass permit 
responsibility for lots in a subdivision to the homebuilder who 
purchases those lots, providing the homebuilder has filed his own NOI); 
or (3) for residential construction only, you have completed temporary 
stabilization and the residence has been transferred to the homeowner.

III. Coverage Provided by General Permits

    Section 402(p) of the Clean Water Act (CWA) states that storm water 
discharges associated with industrial activity to waters of the United 
States must be authorized by an NPDES permit. The term ``discharge'' 
when used in the context of the NPDES program means the discharge of 
pollutants (40 CFR 122.2).
    On November 16, 1990, EPA published regulations under the NPDES 
program which defined one facet of the phrase ``storm water discharges 
associated with industrial activity'' as being discharges from 
construction activities (including clearing, grading and excavation 
activities) that result in the disturbance of five or more acres of 
total land area, including smaller areas that are part of a larger 
common plan of development or sale (40 CFR 122.26(b)(14)(x)). These 
types of construction activity are commonly referred to as Phase I 
construction activities. ``Storm water discharges associated with 
construction activities'' will hereinafter refer to discharges from 
Phase I construction activities or support activities, including those 
that meet the larger definition of a storm water discharge associated 
with industrial activity or those that are designated under the 
provisions of 40 CFR 122.26.
    Previously, there may have been some confusion as to permitting 
requirements for sites disturbing less than five acres but that are 
part of a larger common plan of development or sale. For clarification, 
all construction activity regulated under 40 CFR 122.26(b)(14)(x) is 
eligible for coverage under this permit including small construction 
sites disturbing less than five acres that are also a part of a larger 
common plan of development or sale which has the potential of 
disturbing five or more acres collectively. Examples of these would be 
lots in a subdivision or industrial park. These are also Phase I 
construction activities.
    Single construction sites under five acres that are not part of a 
larger plan of development or sale with disturbances totaling at least 
five acres are not eligible for coverage under this permit unless they 
are specifically designated for coverage pursuant to 40 CFR 122.26 
(a)(1)(v) or 122.26(a)(9) and 122.26(g)(1)(i). Under EPA's existing 
regulations, however, these smaller projects may be required to submit 
permit applications not later than August 7, 2001, unless an applicant 
is specifically required by the Director to submit an application 
before that time. Small (Phase II) construction sites will be addressed 
by EPA in the future pursuant to a Ninth Circuit Court mandate. EPA is 
employing the assistance of a Federal Advisory Committee to make 
recommendations on how best to treat small sites vis-a-vis the NPDES 
program, and will issue a proposed rule addressing Phase II 
construction activities in December 1997. Finalization of the rule is 
scheduled for March 1, 1999. If permitting is the approach adopted for 
these small sites, the permits will be issued at a future date. 
    EPA issued the first round of the Phase I construction general 
permit on two dates: September 9, 1992, for certain States and 
territories, and September 25, 1992, for other States and territories 
where EPA is the permitting authority. The Phase I permit was commonly 
referred to as the Baseline Construction General Permit. The new permit 
is the second-round permit (simply called the ``construction general 
permit,'' ``CGP,'' or ``permit'') for use in the States, territories 
and Indian Country lands where EPA is the NPDES permitting authority. 
The Agency is expanding permit coverage to certain Indian Country lands 
which were not covered under the 1992 permit. These new areas are 
listed in the areas of coverage section of the permit and this fact 
sheet.
    Operators of construction projects in EPA Region 4 should note that 
unlike the Baseline Construction General Permit, this second-round 
permit no longer authorizes discharges from construction projects on 
Indian Country lands located in Florida, Mississippi or North Carolina. 
The Region 4 permit was public noticed in the Federal Register on April 
16, 1997, (62 FR 18605-18628) for construction storm water discharges 
in Florida, and Indian Country lands in Florida, Mississippi and North 
Carolina. Similarly, operators of construction projects in EPA Region 6 
are not covered under this permit. A separate Region 6 permit covering 
construction project discharges located in the following areas is 
currently under development: The States of New Mexico and Texas; Indian 
Country lands in Louisiana, Oklahoma, Texas and New Mexico (except 
Navajo Reservation Lands [see Region 9] and Ute Mountain Reservation 
Lands [see Region 8] which are covered by this permit); and oil, gas, 
and pipeline construction projects regulated by the Oklahoma 
Corporation Commission in the State of Oklahoma. Both permits should be 
issued in the near future.

IV. Summary of Options for Controlling Pollutants

    EPA is providing the following information on controlling 
pollutants in storm water discharges to assist permittees in preparing 
storm water pollution prevention plans (SWPPPs). Most controls for 
construction activities can be categorized in either of two groups: 
sediment and erosion controls and storm water management measures.
    Sediment and erosion controls ordinarily address pollutants in 
storm water generated from the site during active construction-related 
work. Storm water management measures are customarily installed before, 
and coincident with, completion of construction activities, but 
primarily result in reductions of pollutants in storm water discharged 
from the site after the construction has been completed. Additional 
measures that should be employed throughout a project include 
housekeeping best management practices, such as materials management 
and litter control.

A. Sediment and Erosion Controls

    Erosion controls provide the first line of defense in preventing 
off-site sedimentation and are designed to prevent erosion through 
protection and preservation of soil. Sediment controls are designed to 
remove sediment from runoff before the runoff is discharged from the 
site. Sediment and erosion controls can be further divided into two 
major classes of controls: stabilization practices and structural 
practices. Major types of sediment and erosion practices are summarized 
below. A more

[[Page 7862]]

thorough description of these practices is given in ``Storm Water 
Management for Construction Activities: Developing Pollution Prevention 
Plans and Best Management Practices,'' U.S. EPA, 1992. Permittees 
should also consider the construction of new projects in phases to 
minimize the amount of bare soil which is exposed at one time and the 
amount of stabilization or structural controls which would be required.
1. Stabilization Practices
    Stabilization refers to covering or maintaining an existing cover 
over soil. Vegetative cover includes grass, trees, vines, shrubs, etc. 
Stabilization measures can also include nonvegetative controls such as 
geotextiles, riprap or gabions (wire mesh boxes filled with rock). 
Mulches such as straw or bark can be somewhat effectual at 
stabilization in stand-alone fashion but are most effective when used 
in conjunction with vegetation.
    Stabilization of exposed soil is one of the foremost means to 
minimize pollutant discharge during construction activities. 
Stabilization reduces erosion potential by absorbing the kinetic energy 
of raindrops that would otherwise mobilize unprotected soil; by 
intercepting water so that it infiltrates into the ground instead of 
running off the surface; and slowing the velocity of runoff, thereby 
promoting deposition of sediment already being carried. Stabilization 
provides large reductions in the levels of suspended sediment in 
discharges and receiving waters. Examples of stabilization measures are 
summarized below.
    a. Temporary Seeding. Seeding of temporary vegetation provides 
stabilization by establishing vegetative cover at areas of the site 
where earth disturbing activities have temporarily ceased, but will 
resume later in the construction project. Without temporary 
stabilization, soil can be exposed to precipitation for an extended 
period leaving it vulnerable to erosion, even though earth-disturbing 
activities are not occurring on these areas. Temporary seeding 
practices have been found to be up to 95% effective in reducing 
erosion.\1\
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    \1\ Guidelines for Erosion and Sediment Control in California''; 
USDA, Soil Conservation Service, Davis, CA; revised 1985.
---------------------------------------------------------------------------

    b. Permanent Seeding. Establishing a permanent and sustainable 
ground cover at a site stabilizes the soil and hence reduces sediment 
in runoff. It is typically required at most sites for aesthetic 
reasons.
    c. Mulching. Mulching is often done coupled with permanent and 
temporary seeding. Where temporary or permanent seeding is not 
feasible, exposed soil can be stabilized by spreading plant residues or 
other suitable materials on the soil surface. Although generally not as 
effective as vegetation, mulching by itself provides a measure of 
temporary erosion control. Mulching in conjunction with seeding 
provides erosion protection prior to the onset of plant growth. In 
addition, mulching protects newly-applied seeds, providing a higher 
likelihood of successful vegetation. To maintain its effectiveness, 
mulch should be anchored to resist wind displacement.
    d. Sod Stabilization. Sod stabilization involves establishing long-
term stands of grass by planting sod on exposed surfaces. When 
maintained properly, sod can be more than 99% effective in reducing 
erosion, and is the most immediately effective vegetation method 
available.\2\ However, the cost of sod stabilization (relative to other 
vegetative controls) typically limits its use to situations where a 
quick vegetative cover is desired (e.g., steep or erodible slopes) and 
sites which can be maintained with ground equipment. Sod is also 
sensitive to climate and may require intensive watering and 
fertilization.
---------------------------------------------------------------------------

    \2\ Ibid.
---------------------------------------------------------------------------

    e. Vegetative Buffer Strips. Vegetative buffer strips are 
indigenous or replanted strips of vegetation located at the top and 
bottom of a slope, outlining property boundaries or adjacent to 
receiving waters such as streams or wetlands. Vegetative buffer strips 
can slow runoff at critical locations, decreasing erosion and allowing 
sedimentation. They can be especially useful for very narrow linear 
construction projects such as underground utilities or pipelines.
    f. Preservation of Trees. This practice involves preserving 
selected trees already on-site prior to development. Mature trees 
provide extensive canopy and root systems which protect and hold soil 
in place. Shade trees also keep soil from drying rapidly, decreasing 
the soil's susceptibility to erosion. Measures taken to protect trees 
can vary significantly, from simply installing tree armor and fences 
around the drip line, to more complex measures such as building 
retaining walls and tree wells. Along with the erosion benefits 
provided by trees, they can also add to the aesthetics and value of the 
property.
    g. Contouring and Protection of Sensitive Areas. Contouring refers 
to the practice of building in harmony with the natural flow and 
contour of the land. By minimizing changes in the natural contour of 
the land, existing drainage patterns are preserved as much as possible, 
thereby reducing erosion. Minimizing the amount of regrading done will 
also reduce the amount of soil being disturbed.
    The preservation of sensitive areas at a site such as steep slopes 
and wetlands should also be a priority. Disturbance of soil on steep 
slopes should be avoided due to vulnerability to erosion. Wetlands 
should be protected because they provide flood protection, pollution 
mitigation and an essential aquatic habitat.
2. Structural Practices
    Structural practices involve the installation of devices to divert, 
store or limit runoff. Structural practices have several objectives. 
First, structural practices can be designed to prevent water from 
flowing on disturbed areas where erosion may occur. This involves 
diverting runoff from undisturbed, up-slope areas through use of earth 
dikes, temporary swales, perimeter dikes or other diversions to stable 
areas. Another objective of structural practices may be to cause 
sedimentation before the runoff leaves the site. Methods for removing 
sediment from runoff include diverting flows to a trapping or storage 
device or filtering diffuse flows through on-site silt fences. All 
structural practices require proper maintenance (e.g., removal of 
collected sediment) to remain functional and should be designed to 
avoid presenting a safety hazard--especially in areas frequented by 
children.
     a. Earth Dike. Earth dikes are temporary berms or ridges of 
compacted soil that channel water to a desired location. Earth dikes 
should be stabilized with vegetation or an equally efficacious method.
    b. Silt Fence. Silt fences are a barrier of geotextile fabric 
(filter cloth) used to intercept sediment in diffuse runoff. They must 
be firmly anchored and may require additional support, such as 
reinforcing with wire mesh. Used alone, silt fences are usually 
inappropriate for flows of concentrated high volume or high velocity. 
They must be carefully maintained to ensure structural stability and be 
cleaned of excess sediment.
    c. Drainage Swales. A drainage swale is a channel lined with grass, 
riprap, asphalt, concrete or other materials. They are installed to 
convey runoff without causing erosion.
    d. Sediment Traps. Sediment traps are installed in drainage 
pathways, at storm drain inlets or other discharge points from 
disturbed areas.
    e. Check Dams. Check dams are small temporary dams constructed 
across a

[[Page 7863]]

swale or drainage ditch to reduce the velocity of runoff, thereby 
reducing erosion in the swale or ditch. They should not be used in a 
permanent stream. More elaborate erosion controls in a flow conduit may 
be unnecessary if check dams are installed due to the decrease in 
energy of the runoff.
    f. Level Spreader. Level spreaders are outlets for dikes and flow 
channels consisting of an excavated depression constructed at zero 
grade across a slope. Level spreaders convert concentrated runoff into 
diffuse flow and release it onto areas stabilized by existing 
vegetation.
    g. Subsurface Drain. Subsurface drains transport runoff to an area 
where the water can be managed effectively. Drains can be made of tile, 
pipe, or tubing.
    h. Pipe Slope Drain. A pipe slope drain is a temporary runoff 
conveyance running down a slope to prevent erosion on the face of the 
slope.
    i. Temporary Storm Drain Diversion. Temporary storm drain 
diversions are used to re-direct flow in a storm drain for capturing 
sediment in a trapping device.
    j. Storm Drain Inlet Protection. Storm drain inlet protection 
reduces sediment entering storm drainage systems prior to permanent 
stabilization of disturbed areas. Examples include a sediment filter or 
an excavated detention area around a storm drain inlet.
    k. Rock Outlet Protection. Rock protection placed at the outlet of 
conduits can reduce the depth and velocity of water so the flow will 
not cause downstream erosion.
    l. Other Controls. Examples of other controls include temporary 
sedimentation basins, sump pits, entrance stabilization, waterway 
crossings and wind breaks.

B. Storm Water Management Measures

    Storm water management measures are usually installed before, and 
coincident with, completion of construction activities. The measures 
primarily result in reductions of pollutants in storm water discharged 
from the site after cessation of construction activities. Storm water 
management may also be needed for compliance with local flood control 
requirements (which may be unrelated to NPDES requirements).
    Construction frequently causes significant alterations in the 
characteristics of the affected land. One such change is an increase in 
the overall imperviousness of the site, which can dramatically affect 
the site's flow patterns. An increase in runoff may increase the amount 
of pollutants carried by the runoff. In addition, some activities 
(e.g., automobile travel on newly-built roads) can result in higher 
pollutant concentrations in runoff compared to pre-construction levels. 
Traditional storm water management controls attempt to limit increases 
in the amount of runoff and pollution discharged from land impacted by 
construction.
    Storm water management measures include on-site infiltration of 
runoff, flow attenuation by vegetation or natural depressions, outfall 
velocity dissipation devices, storm water retention basins and 
artificial wetlands, and storm water detention structures. For many 
sites, a combination of these controls may be appropriate. A summary of 
storm water management controls is provided below. A more complete 
description of storm water management controls is found in ``Storm 
Water Management for Construction Activities: Developing Pollution 
Prevention Plans and Best Management Practices,'' U.S. EPA, 1992, and 
``A Current Assessment of Urban Best Management Practices,'' 
Metropolitan Washington Council of Governments, March 1992. In 
designing storm water controls, features that would pose a safety 
hazard--especially for children--should be avoided and/or have limited 
public access.
    a. On-Site Infiltration. Inducing infiltration, through 
infiltration trenches or basins, can reduce the volume and pollutant 
loadings of storm water discharges from a site. Infiltration measures 
tend to mitigate impacts to an area's natural hydrologic 
characteristics. Properly designed and installed infiltration 
constructs can reduce peak discharges, facilitate recharging of the 
groundwater, augment low flow conditions in receiving streams, reduce 
storm water discharge volumes and pollutant loads, and inhibit 
downstream erosion.
    Infiltration measures are particularly effective in permeable soils 
and where the water table and bedrock are well below the surface. 
Infiltration basins can also double as sediment basins during 
construction. Infiltration trenches can be easily incorporated into 
less active areas of a development and are appropriate for small sites 
and in-fill developments. However, trenches may require regular 
maintenance to prevent clogging, particularly where grass inlets or 
other sedimentation measures are not used. In some situations, such as 
low density areas of parking lots, porous pavement can provide for 
infiltration.
    b. Flow Attenuation by Vegetation or Natural Depressions. Flow 
attenuation caused by vegetation or natural depressions can facilitate 
pollutant removal and infiltration and can reduce the erosivity of 
runoff. Use of vegetative flow attenuation measures can protect 
habitats and enhance the appearance of a site. These measures include 
grass swales and filter strips as well as trees that are either 
preserved or planted during construction.
    Incorporating check dams into flow paths can provide additional 
infiltration and flow attenuation. Given their limited capacity to 
accept large volumes of runoff (and the concomitant erosivity), 
vegetative controls should usually be used in combination with other 
storm water devices. Grass swales are typically used in areas such as 
low or medium density residential development and highway medians as an 
alternative to curb and gutter drainage system. In general, the costs 
of vegetative controls are less than for other storm water measures.
    c. Outfall Velocity Dissipation Devices. Outfall velocity 
dissipation devices include riprap and stone or concrete flow 
spreaders. They slow the flow of water discharged from a site thereby 
reducing erosion.
    d. Retention Structures/Artificial Wetlands. Retention structures 
are ponds and artificial wetlands that are designed to maintain a 
permanent pool of water. Properly installed and maintained retention 
structures (also known as wet ponds) and artificial wetlands can 
achieve a high removal rate of sediment, biochemical oxygen demand 
(BOD), organic nutrients and metals, and are most cost-effective when 
used to control runoff from larger, intensively developed site. These 
constructs rely on settling and biological processes to remove 
pollutants. Retention ponds and artificial wetlands can also become 
wildlife habitats, recreation, and landscape amenities, and increase 
local property values.
    While the Agency believes artificial wetlands can be one of the 
most effective long-term storm water management measures, EPA also 
recognizes the potential problems to which wetlands may contribute at 
certain sites. This could be the case at airports where bird 
populations drawn to wetlands proximate to runways/taxiways may 
endanger moving aircraft. EPA recommends that structures which maintain 
continuous habitat for wildlife not be constructed within 10,000 feet 
of a public-use airport serving turbine-powered aircraft, or within 
5,000 feet of a public-use airport serving piston-powered aircraft. 
EPA, as always, stresses public safety and sound engineering judgement 
in the implementation of any storm water

[[Page 7864]]

measure, control or best management practice.
    e. Water Quality Detention Structures. Storm water detention 
structures, which include extended detention ponds, control the rate at 
which water drains after a storm event. Extended detention ponds are 
usually designed to completely drain in about 24 to 48 hours and to 
remain dry at other times. They can provide pollutant removal 
efficiencies similar to those of retention pond. Extended detention 
systems are typically designed to provide both water quality and water 
quantity (flood control) benefits.

C. Housekeeping Best Management Practices (BMPs)

    Pollutants that could be discharged in storm water from 
construction sites because of poor housekeeping include oil, grease, 
paints, gasoline, concrete truck wash down, raw materials used in the 
manufacture of concrete (sand, aggregate, and cement), solvents, 
litter, debris and sanitary wastes. Construction site SWPPPs should 
address the following to prevent the discharge of pollutants:
     Designate and control areas for equipment maintenance and 
repair;
     Provide waste receptacles at convenient locations and 
regular collection of wastes;
     Locate equipment wash down areas on site, and provide 
appropriate control of washwater to prevent unauthorized dry weather 
discharges and avoid mixing with storm water;
     Provide protected storage areas for chemicals, paints, 
solvents, fertilizers, and other potentially toxic materials; and
     Provide adequately maintained sanitary facilities.

V. Summary of Permit Conditions

    This section has been written in an informal style and follows the 
structure of the CGP, but it does not always reflect verbatim the 
actual language used in the permit. It is intended to help the 
regulated community and members of the public understand the intent and 
basis of the actual permit language. If any confusion or conflicts 
exist between this summary and the actual CGP language, the permittee 
must comply with the CGP as written. More detail on permit conditions 
is available in section VIII. Summary of Responses to Comments on the 
Proposed Permit.

Part I. Areas Covered by Each Permit, Eligibility for the Permit, 
Obtaining Coverage and Terminating Coverage

A. Permit Areas

    Each separate general permit is individually numbered and only 
provides coverage to construction activities in the permit's designated 
area or category (e.g., State, Federal facility within a State, Indian 
Country Land, etc.). Each permittee will be assigned a permit number 
when his Notice of Intent is processed.

B. Eligibility

1. Discharges and Operations Covered
    These permits authorize all discharges of storm water from 
construction activities except those excluded under the Limitations on 
Coverage section (Part I.B.3) in the CGP. Any discharge authorized by a 
different NPDES permit may be commingled with discharges authorized by 
this permit. The permit also authorizes discharges from construction 
support activities (e.g., concrete or asphalt batch plants, equipment 
staging yards, material storage areas, etc.) for local project(s) an 
operator is currently involved with (e.g., a concrete batch plant 
providing concrete to several different highway projects in the same 
county). Authorization of this discharge is contingent upon (1) the 
support activity not being a commercial operation serving multiple, 
unrelated construction projects and not operating beyond the completion 
of the last related construction project it serves; and (2) appropriate 
controls are identified in the storm water pollution prevention plan 
(SWPPP) for the discharges from the support activity areas.
2. Limitations on Coverage
    Not all storm water discharges from construction sites are 
authorized by this permit. Specifically excluded are:
    1. Storm water discharges originating from a site after 
construction activities have ceased, the site has undergone final 
stabilization, and an NOT submitted. If there will be a discharge of 
storm water associated with industrial activity, or some other 
regulated discharge from the completed project (e.g., wastewater from a 
newly-constructed chemical plant), coverage under another permit(s) 
must be obtained for these discharges.
    2. Storm water discharges which are mixed with non-storm water 
sources, other than those identified in and complying with the permit. 
Non-storm water discharges which are authorized under a different NPDES 
permit may be commingled with discharges authorized under this permit.
    3. Storm water discharges associated with construction activity 
that are covered under an individual permit or discharges required to 
be covered under an alternative general permit.
    4. Storm water discharges which the Director (EPA) has determined, 
or thinks may reasonably be expected, to cause or contribute to a 
violation of water quality standards. The discharges may be authorized, 
however, if appropriate measures to assure compliance with water 
quality standards are included in the SWPPP. For example, the Director 
may determine that, in the absence of controls, a small construction 
site poses a threat to water quality. He may then allow coverage if 
control measures addressing the threat are included in the SWPPP and 
implemented.
    5. Discharges which are not protective of endangered species. 
Before submitting an NOI, the operator should follow the procedures in 
Addendum A to determine his eligibility for permitting with regard to 
protection of endangered species. EPA envisions that the project 
``owner'' or developer would likely do the endangered species analysis 
during the planning stages of a project (i.e., before construction is 
scheduled to begin). By design, this effort should not have to be 
repeated by the contractors, homebuilders, utilities, etc., whose 
involvement in the project will not happen until later. (See section 
VIII. Summary of Responses to Comments on the Proposed Permit and 
Addendum A of the permit for further information.)

C. Obtaining Coverage

    To obtain authorization to discharge under the general permit, an 
operator must develop a SWPPP or participate in a joint plan with 
others, in accordance with the requirements of the CGP. He must then 
submit a complete and accurate NOI form.
    Storm water discharges are authorized two days after the date the 
NOI is postmarked, unless otherwise notified by EPA. Permittees must 
implement their SWPPP or their portion of the plan, as soon as they 
begin work on site. Coverage under the general permit cannot be 
directly transferred to a new operator; rather a new NOI must be filed 
by the operator wishing to assume responsibility for permit compliance.
    During the first 90 days after the effective date of the CGP, an 
operator may use the SWPPP developed while he was covered under the 
previous permit. During the time the new general permit was not 
available, any operator who has

[[Page 7865]]

prepared a pollution prevention plan in accordance with the 1992 
general permit may submit an NOI and use his existing SWPPP as an 
interim plan for 90 days from the effective date of the new permit.
    EPA may deny coverage under this permit and require an operator to 
submit an individual NPDES permit application based on the completeness 
and/or content of his NOI, or other information such as water quality 
data, permittee compliance history, etc. If EPA requires a permittee to 
apply for an individual NPDES permit or an alternative general permit, 
he will be notified in writing. Coverage under this general permit will 
automatically terminate if the permittee so notified fails to submit 
any required individual or alternative permit applications in a timely 
manner. If an individual permit or alternative general permit was 
applied for, the date the new permit became effective or denied marks 
the termination date of this permit.

D. Terminating Coverage

    To terminate coverage, a permittee must submit a Notice of 
Termination (NOT) form. The NOT must be filed within 30 days after 
cessation of construction activities and final stabilization of the 
permittee's portion of the site (or temporary stabilization for 
residential construction where a homeowner is assuming control of a 
property). An NOT must also be submitted by a permittee before another 
operator assumes the previous permittee's liabilities. NOT requirements 
are discussed later in this fact sheet.

Part II. Notice of Intent Requirements

    All applicants for NPDES general permits for storm water discharges 
associated with industrial activity are required to submit Notices of 
Intent (NOI) to obtain permit coverage (40 CFR 122.28(b)(2)). 
Submission of a complete and accurate NOI eliminates the need to apply 
for an individual permit for a regulated discharge, unless the Director 
specifically notifies the discharger that an individual permit 
application must be submitted.
    Only NOI forms provided by EPA (or photocopies thereof) are valid. 
A revised, simplified NOI form has been developed for the CGP but was 
not available as of the effective date of this permit (final approval 
had not yet been obtained from the U.S. Office of Management and 
Budget). As soon as the revised form is approved it will be published 
in the Federal Register. All applicants thereafter must use the revised 
NOI form. Until the revised NOI form is available, operators must 
continue to use the existing NOI. Though applicants are only required 
to complete information on the form related to the previous Baseline 
Construction General Permit, they must be aware that by signing and 
dating the form they certifying that they understand and are willing to 
comply with all terms and conditions of the NPDES permit they have 
applied for, namely the Construction General Permit. These conditions 
include those found in Part I.B (Permit Eligibility) of the permit.
    It is acceptable to fill in information that will be the same for 
every project (e.g., a company's name, address) and make copies of the 
partially completed form for future use. An electronic version of the 
existing NOI form is currently available on EPA's Office of Wastewater 
Management web site on the Internet and various EPA Regional web pages. 
The revised NOI form will likewise be added when it becomes available 
for use.
    Each entity meeting either of the two criteria for an operator must 
submit an NOI. For more details on who must file an NOI, see section V, 
Part III.E of this Fact Sheet. The proposed definition of ``operator'' 
has been clarified in the final permit and the existing regulatory 
definitions of ``owner or operator'' and ``facility or activity'' have 
also been included. Clarifications to the definition of ``operator'' 
were made because some of the regulated community felt the previous 
definition was nebulous. For further discussions on ``operator'' as 
related to construction activity, see section VIII, Summary of 
Responses to Comments, of this Fact Sheet.
    EPA believes there exist situations where a utility company 
installing service lines meets the definition of operator and must get 
permit coverage, although most of the time a utility would be 
considered a ``subcontractor'' (i.e., non-permittee). If a utility 
company is constructing a project for itself (e.g., main transmission 
line, transformer station) it must obtain permit coverage. Otherwise, 
as a non-permittee working at construction site, EPA encourages utility 
companies (as it does any subcontractor) to abide by the site's SWPPP 
provisions and minimize its impacts on storm water controls.

A. Deadlines for Submitting NOIs

    An operator's Notice of Intent must be postmarked at least two days 
prior to commencement of any work on site (if he has control over plans 
and specifications) or two days prior to commencement of his portion of 
the work (if he has only day-to-day operational control).
    Permittees authorized to discharge under the previous 1992 general 
permit must submit a new NOI within 90 days of the effective date of 
this permit in order to continue authorization to discharge after 90 
days. An NOI is not required if the permittee will be eligible to 
submit an NOT (i.e., construction finished and final stabilization 
complete) before the 90th day.
    Permittees authorized to discharge under the 1992 permit and those 
allowed to use a SWPPP developed in accordance with the 1992 permit, 
must continue to comply with that plan and update it as necessary, to 
comply with the requirements of the CGP within 90 days after the 
Federal Register publication date of the CGP.
    EPA will accept a late NOI, but the authorization only covers 
discharges from two days after the postmark date. The authorization 
does not retroactively apply to any prior, unpermitted discharges. The 
Agency reserves the right to take enforcement action for any 
unpermitted discharges of pollutants to waters to the United States.

B. Contents of the New (Revised) NOI

    The revised NOI form (available following OMB approval and 
publication in the Federal Register) requires the following information 
(instructions are on NOI form):
     The operator's (applicant's) name, address, telephone 
number and whether they are a Federal, State, Tribal, public or private 
entity (e.g., ``XYZ Construction, 123 South St., Anyburg, TX, 214-555-
5555, P'' [P for private company]);
     The street address (description of location if street 
address is unavailable), county, and the latitude and longitude of the 
approximate center of the construction site (e.g., ``123 South St., 
Anyburg, Our County, NH'' or ``1 mile south of Anyburg, NH, on County 
Road No. 1; Anyburg, Our County, NH'') Help on finding your latitude 
and longitude is provided in the instructions to the NOI form. If you 
will be involved in many construction projects, you may wish to invest 
in a portable Global Positioning System (GPS) unit that provides read-
outs of the latitude and longitude. Units designed for recreational use 
(e.g., boating, hiking) can cost less than $200.
     Whether or not the construction project is located on an 
Indian Country land;
     The name of the receiving water(s), or if the discharge is 
through a municipal separate storm sewer, the name of the municipal 
operator of the

[[Page 7866]]

storm sewer and the receiving water(s) (e.g., ``Nimby Creek'' or 
``Anyburg, NH'' for municipal storm sewers);
     An estimate of project start date and completion date and 
an estimate of the number of acres of the site on which soil will be 
disturbed. Note that the project start and stop dates need not be 
exact. EPA recognizes that many factors, often beyond the permittee's 
control, contribute to whether a project will actually start or end on 
the estimated dates. Acreage may be determined by dividing square 
footage by 43,560, as demonstrated in the following example:

Convert 54,450 ft\2\ to acres

 Divide 54,450 ft\2\ by 43,560 square feet per acre:
 54,450 ft\2\  43,560 ft\2\/acre = 1.25 acres

     Whether or not the SWPPP has been prepared and (optional) 
the location of where the plan can be viewed if different from the 
project address;
     Whether any endangered species identified in Addendum A of 
the permit are in proximity to the construction project and which of 
the listed options enables the operator to claim eligibility for permit 
coverage (see Addendum A for instructions);
     A signature block is provided following a certification 
statement that everything on the NOI form is correct. The proposed CGP 
contained multiple certifications but these were eliminated by 
incorporating an introductory statement into the NOI that submission of 
the NOI constitutes an agreement to comply with the permit and that the 
permittee is, in fact, eligible for permit coverage.
    The NOI must be signed in accordance with the signatory 
requirements of 40 CFR 122.22. A complete description of these 
signatory requirements is provided in Part VI., Standard Permit 
Conditions, of the general permit.

C. Where To Submit the NOI

    Completed NOI forms are to be sent to the NOI Processing Center at 
the address indicated in the permit, or as otherwise indicated on the 
latest approved revision to the NOI form. Copies of NOI forms must also 
be sent to certain States and Tribes as specified in Part X of the 
permit.

Part III. Special Conditions, Management Practices and Other Non-
Numeric Limitations

A. Prohibition of Non-Storm Water Discharges

    The CGP does not authorize discharge of unpermitted, non-storm 
water, either alone or mixed with storm water, except for the specific 
classes of non-storm water discharges described in the permit. 
Discharges of material other than storm water which are in compliance 
with another NPDES permit may be mixed with storm water discharges 
authorized by this permit. Authorized non-storm water discharges could 
include: \3\
---------------------------------------------------------------------------

    \3\ These discharges are consistent with the allowable classes 
of non-storm water discharges to municipal separate storm sewer 
systems (40 CFR 122.26(d)(2)(iv)(B)).
---------------------------------------------------------------------------

     Firefighting activity runoff;
     Fire hydrant flushings;
     Vehicle washwater if detergents are not used;
     Dust control runoff in accordance with permit conditions;
     Potable water sources including waterline flushings;
     Routine external building wash-down that did not involve 
detergents;
     Non-detergent pavement washwater (where spills/leaks of 
toxic or hazardous materials have not occurred, unless all spilled 
material had been removed);
     Air conditioning condensate;
     Uncontaminated ground water or spring water;
     Foundation or footer drain-water (providing there was no 
contamination with process materials such as solvent).
    To be authorized for discharge under the CGP, the above-listed 
sources of non-storm water (except firefighting runoff) must be 
specifically identified in the SWPPP prepared for the facility. Non-
storm water flows from firefighting activities are exempt from control 
requirements due to the ephemeral and exigent nature of these 
activities. If practicable, however, the permittee must take action to 
mitigate the impacts of firefighting runoff on receiving water quality.
    For discharges not covered by today's permit (e.g., industrial 
process wastewater or process wastewater mixed with storm water), the 
discharger must submit the appropriate application forms (Forms 1 and 
2C) to obtain permit coverage or discontinue the discharge. 
``Allowable'' non-storm water discharges cannot be authorized under 
this permit, unless they are directly related to and originate from a 
construction site or dedicated support activity site (e.g., a pressure 
washing company cannot broadly use the CGP for their business 
operations, because general vehicle washing is not associated with a 
construction site).

B.&C. Releases of Reportable Quantities of Hazardous Substances or Oil

    The CGP requires the permittee to prevent or minimize the discharge 
of hazardous substances or oil from a site in accordance with the his 
SWPPP. Furthermore, if a permitted discharge contains a hazardous 
substance or oil in an amount equal to or in excess of a reportable 
quantity established under 40 CFR 110, 40 CFR 117, or 40 CFR 302, 
during a 24-hour period, the National Response Center (NRC) must be 
notified (dial 800-424-8802 or 202-426-2675 in the Washington, DC 
area). Also, within 14 calendar days of knowledge of the release, the 
SWPPP must be modified to include the date and description of the 
release, the circumstances leading to the release, responses to be 
employed for such releases, and measures to prevent the reoccurrence of 
such releases.
    Where a discharge of a hazardous substance or oil in excess of 
reportable quantities is associated with a non-storm water discharge 
(e.g., a spill of oil into a separate storm sewer), the spill would not 
be authorized by this permit. Spills must still be reported as required 
under 40 CFR 110. Also applicable are Section 311 of the CWA and 
certain provisions of Sections 301 and 402 of the CWA. This approach is 
necessary because of statutory requirements that make a clear 
distinction between hazardous substances typically found in storm water 
discharges and spilled hazardous substances that are not (See 40 CFR 
117.12(d)(2)(i)).

D. Compliance With Water Quality Standards

    The previous permit did not specifically address water quality 
standards (WQS). The CGP contains an eligibility condition that does 
not authorize discharges from construction sites that the Director 
determines will cause, or have reasonable potential to cause or 
contribute to, violations of water quality standards. Where such 
determinations have been made, the Director may notify the operator(s) 
that an individual permit application is necessary. However, the 
Director may authorize coverage under the permit after appropriate 
controls and implementation procedures designed to bring the discharges 
into compliance with water quality standards have been included in the 
SWPPP.
    If a discharge authorized under this permit is later discovered to 
cause, or have the reasonable potential to cause or contribute to the 
violation of a WQS, the permitting authority will inform the permittee 
of the violation. The permittee must then take all necessary actions to 
ensure future discharges do not cause or contribute to the violation of 
a WQS, and document these actions in the SWPPP. If violations remain or 
reoccur, coverage under this permit may be terminated by the permitting 
authority

[[Page 7867]]

and an alternative permit issued. Compliance with this requirement does 
not preclude enforcement actions as provided by the Clean Water Act for 
the underlying violation.

E. Operator Responsibility

    The proposed CGP attempted to outline the responsibilities expected 
of the variety of operators who may be working at a construction site. 
For the final permit, this section has been clarified and acknowledges 
it is possible for one operator to have operational control over all 
aspects of the project (and thus be the sole permittee), vice the 
situation where multiple entities meet the definition of operator and 
would otherwise all need permits. Permittees who intend to act as the 
sole ``overall'' operator need to comply with both the ``plans and 
specifications'' and ``implementation'' requirements of the SWPPP.
    The permit also stipulates that an operator with control over only 
a portion of a project is only responsible for permit/SWPPP compliance 
as it relates to his activities. An operator must also ensure he does 
not impact another permittee's pollution controls (e.g., if you knock 
down another operator's silt fence, you should repair it or at a 
minimum inform the operator). Permittees must either implement their 
portion of a joint SWPPP or develop and implement their own individual 
SWPPP.

Part IV. Storm Water Pollution Prevention Plan Requirements

    The SWPPP focuses on two major requirements: (1) Providing a site 
description that identifies sources of pollution to storm water 
discharges associated with industrial activity on site; and
    (2) Identifying and implementing appropriate measures to reduce 
pollutants in storm water discharges to ensure compliance with the 
terms and conditions of this permit. All SWPPPs must be developed in 
accordance with sound engineering practices.
    In the development of this permit, the Agency used requirements 
similar to those found in numerous State and local sediment and erosion 
control and storm water management programs, covering a variety of 
climates and types of construction.

A. Deadlines for Plan Preparation

    For coverage under this permit, the SWPPP must be prepared before 
submittal of an NOI and then updated as appropriate (except as allowed 
for interim plans during the first 90 days of this permit).

B. Signature, Plan Review and Making Plans Available

1. Signature
    The SWPPP must be signed in accordance with the signatory 
requirements in the Standard Permit Conditions section of the CGP.
2. Plan Review
    The Agency may notify the permittee at any time that his plan does 
not meet one or more of the requirements. The notification will 
identify which requirements of the permit are being unmet and which 
elements of the SWPPP require modification. Within seven calendar days 
of receipt of notification from EPA (or as otherwise requested by EPA), 
the required changes to the plan must be made and a certification 
submitted that the changes have, in fact, been made and implemented.
3. Making Plans Available
    Permittees must make SWPPPs available, upon request, to EPA, State, 
Tribal or local agencies approving sediment and erosion plans, grading 
plans or storm water management plans. Plans may also have to be sent 
to local government officials or the operator of the municipal separate 
storm sewer which receives the discharge.
    A notice about the permit and SWPPP must be conspicuously posted 
near the main entrance of the site. If displaying near the main 
entrance is infeasible, the notice can be posted in a local public 
building such as the town hall or public library. For linear projects, 
the notice must be posted at a publicly accessible location near the 
active part of the construction project (e.g., where a pipeline project 
crosses a public road).
    The permit notice must include the following information:
     The project's NPDES permit number;
     The name and phone number of a local contact;
     A brief project description; and
     The location of the SWPPP if not kept on site.
    The permit does not require that the general public have access to 
the construction site nor does it require that copies of the plan be 
available or mailed to members of the public. However, EPA strongly 
encourages permittees to provide public access to SWPPPs at reasonable 
hours. Upon request, EPA intends to assist members of the public in 
obtaining access to permitting information, including SWPPPs. EPA 
believes this approach will create a balance between the public's need 
for information on projects potentially impacting their water bodies 
and the site operator's need for safe and unimpeded work conditions.

C. Keeping SWPPPs Current

    Storm water pollution prevention plans must be revised whenever a 
change in design, construction method, operation, maintenance 
procedure, etc., may cause a significant effect on the discharge of 
pollutants to surface waters or municipal separate storm sewer systems. 
The plan must also be amended if inspections indicate the SWPPP is 
ineffective in eliminating or significantly reducing pollutants in the 
discharges from the construction site. In addition, the plan must be 
updated to identify any new operator who will implement a portion of 
the SWPPP.

D. Contents of the Plan

    The storm water pollution prevention plan must include:
     A site description;
     A description of controls that will be used on site (i.e., 
the erosion and sediment controls and storm water management measures);
     A description of maintenance and inspection procedures; 
and
     A description of pollution prevention measures for any 
non-storm water discharges present.
1. Site Description
    The SWPPP must be based on an accurate assessment of the potential 
for generating and discharging pollutants from the site. Hence, the 
permit requires the identification of potential sources of pollution at 
a construction site that may reasonably be expected to impact the 
quality of the site's storm water discharges. There must also be a 
description of the site and anticipated construction activities in the 
SWPPP (to provide a better understanding of site runoff 
characteristics). At a minimum, SWPPPs must contain the following:
     A description of the nature of the construction activity 
including the function of the project (e.g., low-density residential, 
shopping mall, highway, etc.);
     A description of the intended significant activities, 
presented sequentially, that disturb soil over major portions of the 
site (e.g., grubbing, excavation, grading);
     Estimates of the total area of the site and the total area 
of the site that is expected to be disturbed by excavation, grading or 
other activities, including off-site borrow/fill areas. It may be 
preferable to separately describe portions of the site as they are 
disturbed at different stages of the construction process;

[[Page 7868]]

     Estimates of the site's runoff coefficient (used for 
calculating the volume of runoff) during and after construction as well 
as data describing the quality of any discharge from the site or the 
soil. The runoff coefficient is defined as the fraction of total 
precipitation that will appear at a conveyance as runoff (vs. 
infiltrated precipitation). Runoff coefficients can be estimated from 
site plan maps, which show where impervious surfaces, vegetation and 
permeable surfaces will be. These coefficients are used to help 
determine pollutant loadings, potential hydraulic impacts to receiving 
waters and flooding impacts. They are also used in the design of post-
construction storm water management measures;
     A site map indicating: (1) Anticipated drainage patterns 
and slopes after major grading activities; (2) areas of soil 
disturbance and areas that will not be disturbed; (3) locations of 
major structural and nonstructural controls identified in the plan; (4) 
locations of planned stabilization measures; (5) locations of surface 
waters (including wetlands); (6) locations of discharge points to 
surface waters; (7) off-site locations of equipment storage, material 
storage, waste storage and borrow/fill areas. Site maps should also 
include other major features and potential pollutant sources, such as 
locations of impervious structures and soil storage piles;
     A description of any discharge associated with industrial 
activity other than construction (including storm water discharges from 
dedicated asphalt plants, concrete plants, etc.) and the location of 
that activity on the construction site;
     The name of receiving waters and the areal extent of 
wetlands at the site; and
     Information on endangered and threatened species including 
whether any endangered species are in proximity to the permit area as 
defined in Addendum A to the permit.
2. Controls to Reduce Pollutants
    The SWPPP must describe the implementation of practices that will 
be used to reduce the pollutants in storm water discharges from the 
site and assure compliance with the terms and conditions of the permit. 
Four classes of controls must be developed and implemented: (1) Erosion 
and sediment; (2) storm water management; (3) a specified set of other 
controls; and (4) any applicable requirements of State, Tribal and 
local sediment and erosion plans or storm water management plans.
    The SWPPP must describe the intended sequence of major storm water 
control activities and when, in relation to the construction process, 
they will be implemented. EPA recognizes that many factors can impact 
the actual construction schedule, so the permittee need not include 
specific dates (e.g., plan could say install silt fence for area ``A'' 
before rough grading, rather than put up silt fences on August 15). 
Good site planning and preservation of mature vegetation are imperative 
for controlling pollution in storm water discharges both during and 
after construction activities. Properly staging major earth disturbing 
activities can also dramatically decrease the costs of sediment and 
erosion controls.
    Permittees must develop and implement controls in the SWPPP for 
each of the four categories discussed below.
    a. Erosion and Sediment Controls. Erosion and sediment controls 
include both stabilization practices and structural practices. The 
requirements for erosion and sediment controls for construction 
activities in this permit have the following goals and criteria:
     Construction phase erosion and sediment controls should be 
designed with the objective to retain sediment on site;
     Control measures must be properly selected and installed 
in accordance with sound engineering practices and manufacturers 
specifications;
     Off-site accumulations of sediment must be regularly 
removed to minimize impacts;
     Sediment should be removed from sediment traps when the 
design capacity has been reduced by 50%;
     Litter shall be prevented from entering a receiving water; 
and
     Off-site material storage areas must be addressed in the 
SWPPP.
    b. Stabilization Practices. Stabilization practices are the first 
line of defense in preventing erosion. The SWPPP must include a 
description of interim and permanent stabilization practices, including 
a schedule of their implementation. The permittee should ensure that 
existing vegetation is preserved wherever possible and that disturbed 
portions of the site are stabilized as quickly as practicable. 
Stabilization practices include seeding of temporary vegetation, 
seeding of permanent vegetation, mulching, geotextiles, sod 
stabilization, vegetative buffer strips, preservation of trees and 
mature vegetative buffer strips, and other appropriate measures. 
Temporary stabilization can be the single-most important factor in 
reducing erosion at construction sites.
    Stabilization also involves preserving and protecting selected 
trees on the site prior to development. Mature trees have extensive 
canopy and root systems, which help to hold soil in place. Shade trees 
also keep soil from drying rapidly and becoming susceptible to erosion. 
Measures taken to protect trees can vary significantly, from simple 
ones such as installing tree armoring and fencing around the drip line, 
to more complex measures such as building retaining walls and tree 
wells.
    It is imperative that stabilization be employed as soon as possible 
in critical areas. The CGP requires that, except in three situations, 
stabilization measures must be instituted on disturbed areas as soon as 
practicable, but no more than 14 days after construction activity has 
temporarily or permanently ceased on any portion of the site. The three 
exceptions to this requirement are the following:
     When construction activities will resume on a portion of 
the site within 21 days from suspension of previous construction 
activities;
     When the initiation of stabilization measures is precluded 
by snow cover or frozen ground, in which case they must be initiated as 
soon as practicable; and
     In arid areas (areas with an average annual rainfall of 0 
to 10 inches), semi-arid areas (10 to 20 inches) and areas experiencing 
droughts; where the initiation of stabilization measures is precluded 
by seasonal arid conditions. For the last case, stabilization measures 
must be initiated as soon as precipitation becomes possible.
    c. Structural Practices. The SWPPP must include a description of 
structures built to divert flows from exposed soils, and store or 
otherwise limit runoff and the discharge of pollutants from exposed 
areas of the site. Structural controls are necessary because vegetative 
controls cannot be employed where soil is continually disturbed and 
because of the lag time before vegetation becomes effective. Options 
for such controls include silt fences, earth dikes, drainage swales, 
check dams, subsurface drains, pipe slope drains, level spreaders, 
storm drain inlet protection, rock outlet protection, sediment traps, 
reinforced soil retaining systems, gabions and temporary or permanent 
sediment basins. Placement of structural controls in flood plains 
should be avoided, rather they should be located on upland soils to the 
degree possible.
    For sites with more than 10 disturbed acres at a time, all of which 
are served by a common drainage location, a sediment basin providing 
3,600 cubic feet of storage per acre drained, or equivalent control 
measures (such as suitably-sized dry wells or infiltration structures), 
must be provided where

[[Page 7869]]

practicable until final stabilization of the site has been 
accomplished. In lieu of the default 3,600 cubic feet/acre, the 
permittee can calculate the basin size based on the expected runoff 
volume from the local two-year, 24-hour storm event and local runoff 
coefficient. Flows from off-site or on-site areas that are undisturbed 
or have undergone final stabilization, may be diverted around both the 
sediment basin and the disturbed area. These diverted flows can be 
ignored when designing the sediment basin.
    For the drainage locations which serve more than 10 disturbed acres 
at a time and where a sediment basin designed according to the above 
guidelines is not feasible, smaller sediment basins or traps should be 
used. At a minimum, silt fences, vegetative buffer strips or equivalent 
sediment controls are required for all down-slope and appropriate mid-
slope boundaries of the construction area. Diversion structures should 
be used on upland boundaries of disturbed areas to prevent run-on from 
impacting disturbed areas. EPA does not intend to imply that silt 
fences or vegetative buffer strips on down-slope boundaries are the 
only BMPs that need to be used to protect water quality. EPA encourages 
the use of a combination of sediment and erosion control measures in 
order to achieve maximum pollutant removal.
    For drainage locations serving 10 or less acres, smaller sediment 
basins or sediment traps should be used and, at a minimum, silt fences 
or equivalent sediment controls are required for all down slope and 
appropriate mid-slope boundaries of the construction area. 
Alternatively, the permittee may install a sediment basin providing 
storage for 3,600 cubic feet (or the alternative calculated volume) of 
storage per acre drained. Diversion structures should be installed on 
upland boundaries of disturbed areas to prevent run-on. EPA does not 
intend to imply that silt fences or vegetative buffer strips on down-
slope boundaries are the only BMPs that need to be used to protect 
water quality. EPA encourages the use of a combination of sediment and 
erosion control measures in order to achieve maximum pollutant removal.
    d. Storm Water Management. The SWPPP must include a description of 
storm water management measure, however this permit addresses only the 
installation of these measures; not the ongoing operation and 
maintenance of them after cessation of construction activities and 
final stabilization. Permittees are responsible only for the 
installation and maintenance of storm water management measures prior 
to final stabilization of the site. However, when selecting storm water 
management measures, the amount of required maintenance should be 
considered and whether there will be adequate resources for maintaining 
them over the longer term.
    Some discharges of pollutants from post-construction storm water 
management structures may need to be authorized under an NPDES permit 
(e.g., the construction project was an industrial facility in a sector 
covered by the NPDES multi-sector general permit). The owner/operator 
of such discharges may inquire with EPA if this requirement applies to 
them.
    Land development can significantly increase storm water runoff 
volume and peak velocity if appropriate storm water management measures 
are not implemented. In addition, post-development storm water 
discharges will typically contain higher levels of pollutants, 
including total suspended solids (TSS), heavy metals, nutrients and 
high oxygen-demand components.
    Storm water management measures installed during the construction 
process can control the volume and velocity of runoff, as well as 
reduce the quantity of pollutants discharged post-construction. 
Reductions in peak discharge velocity and volume can reduce pollutant 
loads as well as diminish physical impacts such as stream bank erosion 
and stream bed scour. Storm water management measures that mitigate 
changes to pre-development runoff characteristics assist in protecting 
and maintaining the physical and biological characteristics of 
receiving streams and wetlands.
    Structural measures should be installed on upland areas to the 
extent feasible. The installation of such measures may be subject to 
section 404 of the CWA if they will be located in wetlands (or other 
waters of the United States).
    Options for storm water management measures that should be 
evaluated in the development of plans include:
     On-site infiltration of precipitation;
     Flow attenuation by use of open vegetated swales and 
natural depressions;
     Storm water retention/detention structures (including wet 
ponds); and
     Sequential systems using multiple methods.
    The pollution prevention plan shall include an explanation of the 
technical basis used to select control measures, where flows exceed 
pre-development levels. This explanation should address how a number of 
factors were evaluated including the pollutant removal efficiencies of 
the measures, costs of the measures, site-specific factors that will 
affect the utility of the measures, whether the measure is economically 
achievable at a particular site and any other relevant factors.
    Although not a limitation or performance standard in the permit, 
EPA anticipates that storm water management measures at many sites will 
be able to achieve removal of at least 80% of total suspended solids. A 
number of storm water management measures can be used to achieve this 
level of control, including:
     Properly designed and installed wet ponds;
     Infiltration trenches and basins;
     Sand filter systems;
     Manmade storm water wetlands; and
     Multiple pond systems.
    The pollutant removal efficiencies of various storm water 
management measures can be estimated from a number of sources, 
including ``Storm Water Management for Construction Activities: 
Developing Pollution Prevention Plans and Best Management Practices,'' 
U.S. EPA, 1992, and ``A Current Assessment of Urban Best Management 
Practices'' prepared for U.S. EPA by Metropolitan Washington Council of 
Governments, March 1992.
    In selecting storm water management measures, the permittee should 
consider the impacts of each method on other water resources, such as 
ground water. Although SWPPPs primarily focus on storm water 
management, EPA encourages facilities to avoid creating groundwater 
pollution problems. For example, if the water table is high in an area 
or soils are especially porous, an infiltration pond may contaminate 
the groundwater unless special preventive measures are taken. Per EPA's 
July 1991 Ground Water Protection Strategy, States are encouraged to 
develop Comprehensive State Ground Water Protection Programs (CSGWPP). 
Efforts to control storm water should be compatible with State or 
Tribal ground water objectives as reflected in CSGWPPs. Storm water 
controls, such as wet ponds, should also be designed to have minimal 
safety risks, especially to children.
    The evaluation of whether the pollutant loadings and the hydrologic 
conditions (the volume of discharge) of flows exceed pre-development 
levels can be based on hydrologic models which consider conditions such 
as the natural vegetation endemic to the area.
    Increased discharge velocities can greatly accelerate erosion near 
the outlet of structural measures. To mitigate these effects, velocity 
dissipation devices should be placed at discharge points

[[Page 7870]]

and along the length of a runoff conveyance, as necessary, to provide a 
non-erosive flow. Velocity dissipation devices help protect a water 
body's natural, pre-construction physical and biological uses and 
characteristics (e.g., hydrologic conditions such as the hydro period 
and hydrodynamics).
    e. Other Controls. Other controls to be addressed in SWPPPs for 
construction activities are for compliance with the requirement that 
nonsolid materials, including building material wastes, not be 
discharged at the site except as authorized by a section 404 permit.
    This permit requires vehicular tracking of soil off-site and the 
generation of dust must be minimized. Dust and dirt-tracking can be 
minimized by measures such as providing gravel or paving at entrance/
exit drive paths, parking areas and unpaved transit ways on the site 
carrying significant amounts of traffic (i.e., more than 25 vehicles 
per day); providing entrance wash racks or stations for trucks; and 
performing street sweeping.
    In addition, the SWPPP must clearly show compliance with applicable 
State/Tribal or local sanitary sewer, septic system and waste disposal 
regulations to the extent they apply to the permitted activity.\4\ The 
plan must also contain a description of practices to reduce pollutants 
from construction-related materials which are stored on site, including 
a description of said construction materials (with updates as 
appropriate). The plan should include a description of pollutant 
sources from areas untouched by construction and a description of 
controls and measures which will be implemented in those areas.
---------------------------------------------------------------------------

    \4\ In rural and suburban areas served by septic systems, 
malfunctioning septic systems can contribute pollutants to storm 
water discharges. Malfunctioning septic tanks may be a more 
significant surface runoff pollution problem than a groundwater 
problem. This is because a malfunctioning septic system is less 
likely to cause groundwater contamination where a bacterial mat in 
the soil retards the downward movement of wastewater. Surface 
contamination can be caused by clogged or impermeable soils, or when 
clogged or collapsed pipes force untreated wastewater to the 
surface. The extent of surface contamination can vary in degree from 
occasional damp patches to constant pooling or runoff of wastewater. 
These discharges have high bacteria, nitrate and nutrient levels and 
can contain a variety of household chemicals. This permit does not 
establish new criteria for septic systems, but rather requires 
addressing existing State or local criteria.
---------------------------------------------------------------------------

    The plan must also include measures to protect listed endangered 
and threatened species and/or critical habitat (if applicable), 
including any terms or conditions that are imposed pursuant to the 
eligibility requirements of Part I.B.3.e and Addendum A of this permit, 
from storm water discharges or BMPs to control storm water runoff. 
Failure to include these measures will result in the storm water 
discharges from the construction activities being ineligible for 
coverage under this permit. (See section VI. Endangered Species 
Protection and also section VIII. Summary of Responses to Comments for 
more discussion.)
    f. State/Tribal and Local Controls. Many States, Tribes, 
municipalities and counties have developed sediment and erosion control 
requirements for construction activities. A significant number have 
also developed storm water management requirements. The CGP requires 
that SWPPPs for facilities that discharge storm water associated with 
industrial activity from construction activities be consistent with 
procedures and requirements of State/Tribal and local sediment and 
erosion control plans and storm water management plans. The proposed 
requirement to have permit applicants certify that their SWPPP 
incorporates requirements related to protecting water resources that 
are specified in State/Tribal or local sediment and erosion plans or 
storm water management plans has been eliminated.
    g. Maintenance. Erosion and sediment controls can become 
ineffective if they are damaged or not properly maintained. The SWPPP 
requires all erosion and sediment control measures to be maintained in 
effective operating condition. If site inspections identify BMPs that 
are not operating effectively, maintenance must be performed before the 
next anticipated storm event. If maintenance before the next 
anticipated storm event is impracticable, maintenance must be completed 
as soon as practicable.
    h. Inspections. Permittees must inspect designated areas on the 
site at least once every 14 calendar days, and within 24 hours after 
any storm event of 0.5 inches or greater. EPA also recommends that 
permittees perform a ``walk through'' inspection of the construction 
site before anticipated storm events (or series of events such as 
intermittent showers over a period of days) that could potentially 
yield a significant amount of runoff.
    Visual inspections must comprise, at a minimum:
     Disturbed areas;
     Areas used for storage of exposed materials;
     Sediment and erosion control measures; and
     Locations where vehicles enter or exit the site.
    For sites that have undergone stabilization (temporary or final) or 
experience seasonal aridity (average annual rainfall of 0 to 10 inches) 
or semi-aridity (annual rainfall of 10 to 20 inches), inspections must 
be conducted at least once a month. Where construction activity has 
been halted due to frozen conditions, inspections are not required 
until one month before thawing is expected (i.e., snowmelt runoff would 
commence).
    Where discharge points are accessible, they must be inspected to 
ascertain whether erosion control measures are effective in preventing 
impacts to receiving waters. This can be done by inspecting the waters 
for evidence of erosion or sediment introduction. If discharge points 
are inaccessible, the permit requires that nearby downstream locations 
be inspected, if practicable.
    Were an inspection to reveal inadequacies, the site description and 
pollution prevention measures identified in the SWPPP must be revised. 
All necessary modifications to the SWPPP must be made within seven 
calendar days following the inspection. If existing BMPs need to be 
modified or if additional BMPs are necessary, implementation shall be 
completed before the next anticipated storm event. If implementation 
before the next storm event is impracticable, they shall be implemented 
as soon as practicable.
    Once an inspection has been performed, a report containing the 
following must be retained with the SWPPP for up to three years after 
the site has been finally stabilized:
     Components and scope of the inspection;
     Names and qualifications of personnel conducting the 
inspection;
     Dates of the inspection;
     Observations relating to the implementation of the SWPP;
     Actions taken; and
     Incidents of non-compliance.
    If no incidents of non-compliance were found, the report shall 
contain a certification that the facility is in compliance with the 
SWPPP and this permit. Finally, the report must be signed in accordance 
with the signatory requirements in Part VI. Standard Permit Conditions 
section of the CGP.
    Diligent inspections are vital for ensuring effective 
implementation of sediment and erosion controls, particularly in the 
later stages of construction when the volume of runoff is greatest and 
storage capacity of sediment basins has been reduced.
    i. Non-Storm Water Discharges. The SWPPP must identify and ensure 
the implementation of appropriate pollution prevention measures for 
each of the eligible non-storm water components of the discharge 
covered by this permit. The eligible non-storm water discharges

[[Page 7871]]

are discussed in section V. Part III. Special Conditions, Management 
Practices, and Other Non-Numeric Limitations in the Fact Sheet.
    j. Additional Requirements. Storm water from a permitted industrial 
source other than construction activities is authorized for discharge 
when commingled with construction storm water only under the following 
conditions: (1) The other industrial source is located on the same site 
as the construction activity; and (2) storm water discharges from the 
permitted construction site are in compliance with the terms of this 
permit.
    k. Contractors and Subcontractors. The SWPPP must identify who will 
be responsible for implementing each measure contained in the plan. It 
is the permittee's responsibility to provide necessary information on 
complying with their SWPPP and the permit to their contractors and 
subcontractors.

Part V. Retention of Records

    The permittee must retain all records and reports required by this 
permit, including SWPPPs and information used to complete the NOI, for 
at least three years from the date of final stabilization. This period 
may be extended by request of the Director.
    A copy of the SWPPP must be kept at the construction site from the 
date of project initiation to the date of final stabilization. 
Permittees with day-to-day operational control over the plan's 
implementation must keep a copy of the plan readily available whenever 
they are on site (a central location accessible by all on-site 
operators is sufficient). If an on-site location is unavailable to 
store the SWPPP when no personnel are present, notice of the plan's 
location must be conspicuously posted at the construction site. A copy 
of the SWPPP must be readily available to authorized inspectors during 
normal business hours.

Part VI. Standard Permit Conditions

    This section of the permit contains the standard permit conditions 
required by 40 CFR 122.41. One condition is the procedure for continued 
coverage under a general permit if it expires prior to a replacement 
permit being issued. In short, the expired permit would remain in full 
force and effect in accordance with the Administrative Procedures Act. 
Any permittee granted coverage prior to the permit's expiration date 
will automatically remain covered by the continued permit until the 
earliest of:
     The permit being reissued or replaced;
     The permittee terminating coverage by submitting an NOT;
     Issuance of an individual permit for the permittee's 
discharges; or
     A formal decision by the Director not to reissue the 
general permit, at which time the permittee must seek coverage under an 
alternative general permit or an individual permit.

(For more information, see section VIII. Summary of Responses to 
Comments on the Proposed Permit.)

Part VII. Reopener Clause

    The permit contains a reopener clause allowing the permit to be 
reopened and modified for cause during the term of the permit. 
Generally, this would be triggered by a water quality concern, a change 
in NPDES statutes, or to incorporate procedures developed by the EPA 
and the Advisory Council for Historic Preservation to provide for 
additional consideration of effects to properties either listed or 
eligible for listing in the National Register of Historic Places.

Part VIII. Notice of Termination Requirements

    Permittees must submit a completed Notice of Termination (NOT) that 
is signed according to Part VI.G of the permit when one or more of the 
conditions contained in Part I.D.2 of the permit have been met. NOTs 
must be submitted using the form provided by the Director (i.e., use 
the existing NOI form found in Appendix D of the permit until the 
revised version is published in its final form in the Federal 
Register), or a photocopy thereof. NOTs provide EPA with a useful 
mechanism to track the status of projects which are actively covered by 
the permit.
    Significant parts of the NOT are:
     Permittee name and contact information, and site location 
information;
     The permit number which is being terminated;
     Permittee certification that he understands that 
submission of the NOT means he no longer will have authorization to 
discharge storm water associated with construction activity;
     Clarification that the authorization to discharge ends at 
midnight of the day the NOT is postmarked; and
     The conditions under which an NOT can be submitted.

Part IX. Definitions

    The permit contains 21 definitions of statutory, regulatory and 
other terms important for understanding the permit and its 
requirements. See section VIII. Summary of Responses to Comments for 
discussions on the critical definitions of ``operator'' and ``final 
stabilization.''

Part X. Permit Conditions Applicable to Specific States, Indian Country 
Lands or Territories

    Permit conditions that only apply to construction projects located 
in a specific State, Indian land or other area are in Part X of the 
permit. These conditions are modifications or additions to analogous 
conditions in Parts I through IX of the ``generic'' portion of the CGP, 
and reflect additional requirements arising from the State section 401 
(Clean Water Act) or Coastal Zone Management Act (CZMA) certification 
processes or as otherwise established by the permitting authority. EPA 
must include any more stringent permit conditions required by a State 
or Tribe to get State/Tribal certifications of the permit under section 
401 (See 40 CFR 122.44(d)(3)) or CZMA (See 40 CFR 122.49(d)).
    Areas with special area-specific conditions are:
Region 1
     Commonwealth of Massachusetts, except Indian Country 
lands.
     State of Maine, except Indian Country lands.
Region 8
     Indian Country lands in the State of Montana.
Region 9
     State of Arizona, except Indian Country lands.
     Island of Guam.
     Commonwealth of Northern Mariana Islands.
    Region 10
     State of Alaska, except Indian Country lands.
     State of Idaho, except Indian Country lands.
     Federal facilities in the State of Washington, except 
those located on Indian Country lands.
     Indian Country lands in the State of Washington.

VI. Endangered Species Protection

A. Background

    The CGP also contains conditions to ensure the activities regulated 
by it are protective of species that are listed under the Endangered 
Species Act (ESA) as endangered or threatened (known as ``listed 
species''), and listed species habitat that is designated under the ESA 
as critical (``critical habitat''). In addition, the permit's coverage 
does not extend to discharges and discharge-related activities likely 
to jeopardize the continued existence of species proposed but not yet 
listed as endangered or threatened or result in the adverse

[[Page 7872]]

modification of habitat proposed to be designated critical habitat.
    The ESA places several different requirements on activities covered 
by the CGP. First, section 9 of the ESA and the ESA implementing 
regulations generally prohibit any person from ``taking'' a listed 
animal species (e.g., harassing or harming it) unless the take is 
authorized under the ESA. This prohibition applies to all entities and 
includes EPA, permit applicants, permittees and the public at large. 
Second, section 7(a)(2) of the ESA requires that Federal agencies 
consult with the Fish and Wildlife Service (FWS) or the National Marine 
Fisheries Service (NMFS) (``the Services'') to insure that any action 
authorized, funded or carried out by them (also known as ``agency 
actions'') are not likely to jeopardize the continued existence of any 
listed species or result in the destruction or adverse modification of 
critical habitat. Jeopardizing the continued existence of a listed 
species means to engage in an action that reasonably would be expected, 
directly or indirectly, to reduce appreciably the likelihood of both 
the survival and recovery of a listed species in the wild by reducing 
the reproduction, numbers or distribution of that species (See 40 CFR 
402.02).
    The ESA section 7 implementing regulations at 50 CFR 402 apply this 
consultation requirement to any action authorized by a Federal agency 
that may affect listed species or critical habitat, including permits. 
This effect, among other things, can be beneficial, detrimental, direct 
and indirect. The issuance of the CGP by EPA is thus subject to the ESA 
section 7(a)(2) consultation requirements. Finally, ESA section 7(a)(1) 
directs Federal agencies to use their authority to further the purposes 
of the ESA by carrying out programs for the conservation of listed 
species, and section 7(a)(4) directs Federal agencies to confer with 
the Services on Agency actions likely to jeopardize the existence of 
species proposed but not yet finally listed or result in the adverse 
modification of critical habitat proposed to be designated.
    The ESA regulations provide for two types of consultation; formal 
and informal. Informal consultation is an optional process that 
includes discussions, correspondence, etc. between the Services and a 
Federal agency or a designated non-Federal representative (NFR) to 
determine whether a Federal action is likely to have an adverse effect 
on listed species or critical habitat. During informal consultation the 
Services may suggest modifications to the action that a Federal agency, 
permit applicant or non-Federal representative could implement to avoid 
likely adverse effects to listed species or critical habitat. If 
adverse effects are likely and those effects cannot be addressed 
through informal consultation, then formal consultation generally 
occurs.
    Formal consultation is a 135-day process that results in issuance 
of a biological opinion by the Services in which they determine whether 
the Federal action is likely to jeopardize the existence of a listed 
species or result in adverse modification or destruction of critical 
habitat. Formal consultation can also provide authorization for 
anticipated incidental take of listed animal species, provided any such 
take is consistent with an incidental take statement contained in the 
biological opinion. While informal consultation is not a prerequisite 
to formal consultation, most section 7 consultations are carried out as 
informal consultations.
    Federal permit applicants frequently play a key role in both formal 
and informal consultation. The ESA regulations provide for permit 
applicants, where designated, to carry out informal consultations as a 
NFR, which enables them to work directly with the Services (See 50 CFR 
402.08). EPA has designated applicants for this storm water 
construction general permit as non-Federal representatives. The 
regulations also provide for the participation of permit applicants in 
formal consultation (See 50 CFR 402.14 and 51 FR 19939 [June 3, 1986]).
    Also of relevance for the CGP are ESA section 10 incidental taking 
permits. Section 10 of the ESA allows persons, including non-Federal 
entities to incidentally take listed animal species, where otherwise 
prohibited, through the issuance of a permit after development of a 
habitat conservation plan (HCP). These procedures were developed to 
allow non-Federal entities such as developers to, among other things, 
alter habitat without incurring takings liability where take is 
minimized to the extent practicable.

B. Conditions in the June 2, 1997 Proposed Permit to Protect Species 
and Critical Habitat

    The CGP was proposed with a number of conditions to ensure that 
storm water discharges and best management practices (BMPs) to control 
storm water run off were protective of listed species or critical 
habitat. Specifically, coverage under the proposed CGP would be granted 
only under the following circumstances:
    1. An applicant's storm water discharges or BMPs to control storm 
water runoff were not likely to adversely affect listed species 
(identified in Addendum A of the permit) or critical habitat; or
    2. The applicant's activity was previously authorized under section 
7 or section 10 of the Endangered Species Act (ESA) and that 
authorization addressed storm water discharges and BMPs to control 
storm water runoff; or
    3. The applicant's activity was considered as part of a larger, 
more comprehensive assessment of impacts on endangered and threatened 
species under section 7 or section 10 of the ESA which accounted for 
storm water discharges and BMPs to control storm water runoff; or
    4. Consultation under section 7 of the ESA was conducted for the 
applicant's activity which resulted in either a no jeopardy opinion or 
a written concurrence on a finding of no likelihood of adverse effects; 
or
    5. The applicant's activity was considered as part of a larger, 
more comprehensive site-specific assessment of impacts on endangered 
and threatened species by the owner or other operator of the site and 
that permittee certified eligibility under items 1., 2., 3. or 4. 
above.
    The proposal required that applicants assess the impacts of their 
``storm water discharges'' and ``BMPs to control storm water run off'' 
on listed species and critical habitat that are located ``in 
proximity'' to the those discharges and BMPs when developing Storm 
Water Pollution Prevention Plans (SWPPPs) as part of the application 
process. The proposed CGP also required applicants to include measures 
in SWPPPs to protect listed species and critical habitat. ``In 
proximity'' was defined in Addendum A to include species:
     Located in the path or immediate area through which or 
over which contaminated point source storm water flows from 
construction activities to the point of discharge into the receiving 
water;
     Located in the immediate vicinity of, or nearby, the point 
of discharge into receiving waters; or
     Located in the area of a site where storm water BMPs are 
planned or are to be constructed.
    EPA also solicited comment on whether the area or scope of impacts 
to be considered by applicants should be broadened to encompass listed 
species found on the entire construction site and not just those 
species found ``in

[[Page 7873]]

proximity'' as currently defined in Addendum A.
    Failure by permittees to abide by measures in their SWPPPs to 
protect species and critical habitat would invalidate permit coverage. 
Attached to the proposed permits were instructions (Addendum A) to 
assist permit applicants in making this inquiry. The proposal indicated 
that a county-by-county species list would be included in Addendum A of 
the final permit to assist applicants in determining if listed species 
might be ``in proximity'' to storm water discharges and BMPs. EPA did 
not provide a draft species list in proposed Addendum A. Instead, EPA 
referred commenters to a similar species list that was used for an 
earlier EPA-issued storm water permit, the Multisector Storm Water 
General Permit, that was issued on September 29, 1995 (see 62 FR 29792, 
note 12, June 2, 1997).

C. Final CGP Conditions To Protect Listed Species

    On April 28, 1997, EPA entered into formal consultation with the 
Fish and Wildlife Service (FWS) and the National Marine Fisheries 
Service (NMFS) (the ``Services'') for issuance of the CGP. After 
discussions with the Services, EPA terminated formal consultation and 
entered into ESA section 7 informal consultation and conferencing with 
the Fish and Wildlife Service (FWS) and the National Fisheries Service 
Services (NMFS) on June 11, 1997. On November 4, and 26, 1997, EPA 
completed ESA informal consultation when NMFS and FWS provided their 
respective concurrences with EPA's finding that issuance of the CGP was 
not likely to adversely affect listed species or critical habitat. 
Based on that consultation and in consideration of comments received on 
the June 2, 1997, proposal, EPA has placed the following conditions in 
the permit to protect listed species and critical habitat (see Part 
I.B.3.e). Coverage under the CGP is available only if:
    a. The storm water discharges and storm water discharge-related 
activities are not likely to adversely affect listed species or 
critical habitat (Part I.B.3.e.(2)(a)); or
    b. Formal or informal consultation with the Services under section 
7 of the Endangered Species Act (ESA) has been concluded which 
addresses the effects of the applicant's storm water discharges and 
storm water discharge-related activities on listed species and critical 
habitat and the consultation results in either a no jeopardy opinion or 
a written concurrence by the Service(s) on a finding that the 
applicant's storm water discharges and storm water discharge-related 
activities are not likely to adversely affect listed species or 
critical habitat. A section 7 consultation may occur in the context of 
another Federal on (e.g., an ESA section 7 consultation was performed 
for issuance of a wetlands dredge and fill permit for the project, or 
as part of a National Environmental Policy Act [NEPA] review); or
    c. The applicant's construction activities are covered by a permit 
under section 10 of the ESA and that permit addresses the effects of 
the applicant's storm water discharges and storm water discharge-
related activities on listed species and critical habitat (Part 
I.B.3.e.(2)(c)); or
    d. The applicant's storm water discharges and storm water 
discharge-related activities were already addressed in another 
operator's certification of eligibility under Part I.B.3.e.(2)(a), (b), 
or (c) which included the applicant's project area. By certifying 
eligibility under Part I.B.3.e.(2)(d), the applicant agrees to comply 
with any measures or controls upon which the other operator's 
certification under Part I.B.3.e.(2)(a), (b) or (c) was based.
    The CGP requires that applicants consider effects to listed species 
and critical habitat when developing SWPPPs and require that those 
plans include measures, as appropriate, to protect those resources. 
Failure by permittees to abide by measures in the SWPPPs to protect 
species and critical habitat may invalidate permit coverage.
    Addendum A contains instructions to assist permit applicants in 
making this inquiry. Those instructions require that applicants 
ascertain: (1) If their construction activities would occur in critical 
habitat; (2) whether listed species are in the project area; and (3) 
whether the applicant's storm water discharges and discharge-related 
activities are likely to adversely affect listed species or critical 
habitat. If adverse effects are likely, then applicants would have to 
meet one of the eligibility requirements of Part I.B.3.e.(2)(b)-(d) 
(paragraphs b., c., and d. above) to receive permit coverage. 
``Discharge-related activities'' include activities which cause point 
source storm water pollutant discharges including but not limited to 
excavation, site development, and other surface disturbing activities, 
and measures to control, reduce or prevent storm water pollution 
including the siting, construction and operation of BMPs. The ``project 
area'' includes:
    1. Area(s) on the construction site where storm water discharges 
originate and flow towards the point of discharge into the receiving 
waters (this includes the entire area or areas where excavation, site 
development, or other ground disturbance activities occur), and the 
immediate vicinity;
    2. Area(s) where storm water discharges flow from the construction 
site to the point of discharge into receiving waters;
    3. Area(s) where storm water from construction activities 
discharges into the receiving waters and the area(s) in the immediate 
vicinity of the point of discharge; and
    4. Area(s) where storm water BMPs will be constructed and operated, 
including any area(s) where storm water flows to and from BMPs.
    The project area will vary with the size and structure of the 
construction activity, the nature and quantity of the storm water 
discharges, the measures (including BMPs) to control storm water 
runoff, and the type of receiving waters.
    Addendum A also contains a list of listed and proposed species 
organized by State and county to assist applicants in determining if 
further inquiry necessary as to whether listed species are present in 
the project area. This list is current as of September 1, 1997, and 
will be updated periodically and made available on the Office of 
Wastewater Management's website at ``http://www.epa.gov/owm''. CGP 
applicants can also get updated species information for their county by 
calling the appropriate FWS or NMFS office. EPA Region 2 applicants \5\ 
can also contact the EPA Region 6 and Region 2 Storm Water Hotline (1-
800-245-6510) for updated species information. Applicants from other 
EPA Regions can contact the appropriate EPA Regional storm water office 
for updated species information.
---------------------------------------------------------------------------

    \5\ Region 2 permit areas include Indian Country lands in the 
State of New York and the Commonwealth of Puerto Rico.
---------------------------------------------------------------------------

    The CGP also requires that applicants comply with any conditions 
imposed under the eligibility requirements of Part I.B.3.e.(2)a., b., 
c., or d. above to remain eligible for coverage under this permit. Such 
conditions must be incorporated in the applicant's SWPPP. The CGP does 
not authorize any prohibited take (as defined under section 3 of the 
ESA and 50 CFR 17.3) of endangered or threatened species unless such 
takes are authorized under sections 7 or 10 of the ESA. The CGP does 
not authorize any storm water discharges or storm water discharge-
related activities that are likely to jeopardize the continued 
existence of any species that are listed or proposed to be listed as 
endangered or threatened

[[Page 7874]]

under the ESA or result in the adverse modification or destruction of 
habitat that is designated or proposed to be designated as critical 
under the ESA.
    It is EPA's intention to provide permit applicants with the 
greatest possible flexibility in meeting permit requirements for 
protecting listed species and critical habitat. Thus, EPA is allowing 
applicants to use either section 7 or section 10 ESA mechanisms to 
address situations where adverse effects are likely (see Part 
I.B.3.e.(2)(b) and (c)). Also, to give applicants additional 
flexibility in meeting the Part I.B.3.e. eligibility requirements and 
with the timing of informal consultations, the permit automatically 
designates CGP applicants as non-Federal representatives for the 
purpose of carrying out informal consultation. However, EPA notes that 
meeting ESA requirements raise difficult implementation issues on how 
to best ensure that the permits are protective of listed species and 
critical habitats without unduly burdening permit applicants, 
permittees, and State, local, and Federal governmental entities. Thus, 
EPA intends in the future to review those permit conditions and 
procedures that relate to the ESA and the protection of historic 
resources to see how well that goal has been achieved and may revise 
the permits if necessary to better achieve that goal.

VII. Historic Property Protection

A. Background

    The National Historic Preservation Act of 1966, as amended, (NHPA) 
establishes a national historic preservation program for the 
identification and protection of historic properties and resources. 
Under the NHPA, identification of historic properties is coordinated by 
the State Historic Preservation Officers (SHPOs), Tribal Historic 
Preservation Officers (THPOs) or other Tribal Representatives (in the 
absence of a THPO). Section 106 of the NHPA requires Federal agencies 
to take into account the effects of their actions (also known as 
``Federal undertakings'' in the NHPA regulations) on historic 
properties that are listed or eligible for listing on the National 
Register of Historic Places and to seek comments from an independent 
reviewing agency, the Advisory Council on Historic Preservation (ACHP). 
The permit was proposed with a number of conditions pertaining to the 
consideration of historic properties. EPA has decided to not include 
those conditions because the ACHP and the National Conference of State 
Historic Preservation Officers (NCSHPO) have requested that EPA not 
include such conditions in the final permit at this time. The ACHP and 
the NCSHPO have recommended that EPA issue the permit but recommend 
that EPA continue working with them and Tribes regarding the possible 
development of a more comprehensive and efficient approach to ensure 
that effects to historic properties are given appropriate consideration 
while ensuring undue burdens are not imposed on applicants and 
regulatory authorities. EPA plans to continue working with the ACHP, 
NCSHPO and Tribes on this effort and may modify the permit to 
incorporate procedures regarding the protection of historic resources 
at a later date.

B. Future CGP Conditions To Protect or Consider Effects to Historic 
Properties

    In response to comments received on the proposal and because the 
Agency is still discussing historic preservation with the Advisory 
Council on Historic Preservation (ACHP), the final permit reserves 
permit requirements related to historic preservation. The permit does 
not currently include the eligibility restrictions and evaluation 
requirements from the proposed permit. After future discussions with 
the ACHP, EPA may modify the permit to reflect those discussions.

VIII. Summary of Responses to Comments on the Proposed Permit

    The following is a summary of EPA's response to comments received 
on the proposed CGP which was published in the Federal Register on June 
2, 1997 (62 FR 29786). Due to the large number of comments received, 
comments and responses have been categorized and placed into 10 major 
categories such as ``Coverage of General Permits'' and ``Protection of 
Endangered Species.''

Coverage of General Permits

Common Plan of Development or Sale
    Many comments were received regarding permitting requirements for 
projects that are less than five acres but are part of a ``larger 
common plan of development or sale (``Larger Common Plan'') disturbing 
at least 5 acres.'' The volume and nature of the comments showed that 
the regulated community and the public needed additional guidance on 
this issue.
    Under Phase I of the storm water program, an NPDES permit to 
discharge storm water associated with construction activity is only 
needed when a ``common plan of development or sale'' will disturb five 
or more acres. The simple case is when the ``common plan'' is to 
construct a single building, etc., for a single owner. The more 
complicated case needing clarification is when the common plan consists 
of several smaller construction projects that cumulatively will disturb 
five or more acres, but may or may not be under construction at the 
same time. Residential development with houses being built by several 
homebuilders in a master planned subdivision is an excellent example of 
this second case.
    For illustration purposes, many examples in the explanation below 
assume a more complex residential development of single family homes 
with a developer putting in the infrastructure and common areas (e.g., 
roads, sewers, parks, etc) and selling groups of lots to homebuilders 
and single lots to individuals. The same rationale used for these 
residential construction examples would apply to any project with 
multiple parts. For example, when building a new runway, the associated 
taxiways, and additional hangers, terminals, parking lots, etc., at an 
airport would be a common plan of development.
    For sites disturbing less than five acres, the first steps in 
deciding if a permit is needed for storm water discharges associated 
with construction activity are determining:
    1. Is there a ``common plan of development or sale'' tying 
individual sites together? (e.g., Are the lots part of a subdivision 
plat filed with the local land use planning authority?) and
    2. Will the total area disturbed by all of the individual sites add 
up to five or more acres? (e.g., If you added up all of the acreage 
that will need to be disturbed to completely build out the subdivision 
as planned, would there be five or more acres disturbed?)
    If the answer to both questions is no, a storm water discharge 
permit is not needed unless EPA determines that discharges contribute 
to a violation of water quality standards or are a significant 
contributor of pollutants to waters of the United States and 
specifically requests a permit application. This permit provides for 
coverage of such dischargers once designated.

    Note: The disturbed acreage threshold may be less than five 
acres for Phase II of the storm water program. Proposed regulations 
for Phase II are expected December 1997 with final regulations due 
in March 1999.

    The Larger Common Plan concept does have to be applied with some 
common sense and should not be taken to extremes. For example, every 
construction project within a city would not be considered part of a 
common plan of development just because the

[[Page 7875]]

city has a land use master plan or zoning map. EPA interprets the term 
more narrowly. Building a house on a vacant lot in a residential 
subdivision plat filed by a developer would be part of that 
subdivision's larger common plan of development or sale. Any earth 
disturbing activity necessary to complete the planned project (e.g., 
grading lots, installation of utilities, building roads, preparing 
storm water control structures), plus various support activities such 
as exposed materials storage and equipment staging areas, are 
considered to be part of the construction activity that could result in 
a regulated discharge of storm water.
    Once a residence has been completed and occupied by the homeowner 
(or tenant), future activities by the homeowner on their individual lot 
are not considered part of the original common plan of development 
(which was the industrial activity of building houses on each 
subdivided lot). After a home is occupied by the homeowner or a tenant, 
future construction activity on that particular lot is considered a new 
and distinct project and is compared to applicable disturbed acreage 
limits for permit applicability. For example, if homeowner decides to 
install a swimming pool after occupying the house, only the disturbed 
area on their lot--not the total acreage of the subdevelopment--is 
considered for determining whether a permit is needed. Likewise, 
demolition and reconstruction of individual houses originally built as 
part of a common plan of development, including those destroyed or 
damaged by fire or natural disasters, are also considered to be ``new'' 
plans of development/redevelopment, and not part of Larger Common Plan.
    Once the extent of the Larger Common Plan has been determined, the 
total acreage to be disturbed must be calculated. A single \1/4\ acre 
lot is not large enough by itself to require a permit, but since 100 
such lots in a subdivision would disturb 25 acres (if the entire area 
of each lot was disturbed), permit coverage is needed. Please note, 
permit coverage under the general permit is for all of the permittee's 
activities on the Larger Common Plan. Site-by-site permitting (i.e., 
submitting a separate NOI and preparing a separate storm water 
pollution prevention plan for each individual lot) would negate one of 
the principle advantages of the general permit and is not required by 
EPA.
    Of particular concern to many homebuilders is the issue of lots 
left over when the original development is substantially complete. It 
is EPA's position that the unbuilt lots remain part of the Larger 
Common Plan, but total disturbed acreage can be recalculated if: (1) 
All areas of the site achieve final stabilization or are turned over to 
a homeowner, and permit coverage is or could be terminated; and (2) the 
total remaining area of the Larger Common Plan is less than five acres. 
A permit is not necessary if the total acreage remaining to be built 
upon out of the Large Common Plan is less than five acres. On the other 
hand, if there were 22\1/4\-acre lots left unbuilt (total 5\1/2\ 
acres), permit coverage would have to be obtained to build on even one 
of the remaining lots since the ``common plan'' would still be capable 
of disturbing more than five acres. Once three of these last \1/4\-acre 
lots were completed and stabilized, the total area remaining out of the 
original common plan with the potential to be disturbed would be only 
4\3/4\ acres.
    EPA believes this approach maintains the intent of regulating 
projects that disturb five or more acres while applying common sense in 
interpreting the regulation. A common plan of development must at least 
be theoretically capable of having five or more acres of land disturbed 
at one time in order to trigger the need for a permit. Requiring that 
all parts of the project, including unbuilt portions of the Larger 
Common Plan of development, have achieved final stabilization before 
total disturbed acreage can be ``recalculated'' insures that there is a 
period of time during which all discharges of storm water associated 
with construction activity from the common plan of development or sale 
have ceased. The requirement to compare disturbed acreage to the total 
remaining unbuilt acreage of the Larger Common Plan protects against 
attempts to artifically divide a project in such a way as to avoid 
providing environmental controls for construction activities.
Support Activities
    EPA received several comments requesting clarification on support 
activities eligible for, or required to obtain, permit coverage. As 
noted by many of these commenters, off-site areas are commonly used for 
storage of fill material or soil excavated from the construction site, 
borrow areas to obtain fill material, storage of building materials, 
concrete batch plants, or storage of construction equipment. Several 
citizens expressed concern that erosion and sediment from off-site 
areas used for storage or disposal of fill material were not being 
adequately controlled. A State highway department questioned whether a 
support base used for several nearby roadway projects would be eligible 
for coverage.
    EPA agrees that where activities at off-site locations would not 
exist without the construction project, discharges of pollutants in 
storm water from these areas must be controlled. Changes have been made 
to part I.B. of the permit to clarify the permit and allow coverage for 
sites used by an operator to support several nearby projects. It 
remains the responsibility of the operator of the support area to 
assure permit coverage is obtained.
    Off-site storage areas, support bases, disposal areas and borrow 
areas used for a construction project are considered to be part of the 
Larger Common Plan and must be addressed by the pollution prevention 
plan in certain instances. The pollution prevention plan for the 
construction project must include controls for all off-site areas 
directly supporting the construction project, unless the offsite 
location is a fixed base of operations (e.g. construction company's 
home office, warehouse, commerical warehouse, landfill, equipment yard, 
etc. used for all construction projects) or can be considered a stand-
alone industrial or commercial activity serving multiple customers. 
Allowing such off-site locations to be permitted under the construction 
permit for the construction site avoids the need for a separate permit 
for the remote location.
    Where the same operator uses a temporary off-site location to 
support construction activities at several nearby locations, permit 
coverage may be obtained by identifying the site and including controls 
for this common site in at least one of the pollution prevention plans 
for the individual construction projects. For example, a common support 
area for three highway projects could be permitted by identifying the 
site, including appropriate controls in at least one of the three 
pollution prevention plans for the separate projects, and insuring that 
an NOT is not submitted until the support area is finally stabilized.
Non-Storm Water
    Several comments were received about the permit's authorization of 
non-storm water discharges. In response, this permit only authorizes 
the discharge of non-storm waters listed in Part III.A.3, and only when 
such discharges are identified in the storm water pollution prevention 
plan and appropriate controls are included. During the construction 
process, non-storm waters listed in Part III.A.3 are authorized for 
discharge either alone or when commingled with storm water. The

[[Page 7876]]

Agency also notes that EPA can request individual permit applications 
for such discharges where appropriate. The Agency is not requiring that 
flows from fire-fighting activities be identified in plans because of 
the emergency nature of such discharges and because of the 
unpredictability of their occurrence.
    EPA would also like to clarify certain questions which were raised 
regarding the list of non-storm water discharges that are authorized. 
For example, operators were unclear whether dewatering of trenches is 
authorized under the permit. In response, EPA believes that discharges 
associated with the dewatering of trenches is the same type of water 
contemplated by the term ``ground water dewatering.'' As such, EPA 
believes that this discharge would be authorized by the permit. 
Operators also asked whether discharges associated with dust control 
are authorized. In response, EPA would note that this discharge is 
specifically authorized by the permit.
    Several commenters asked whether detergents would be allowed in 
discharges resulting from washing vehicles. In response to this issue, 
EPA believes that detergents should not be necessary to remove sediment 
from trucks which would be the primary purpose for washing vehicles at 
the construction site. The final permit was clarified to specify that 
truck wash water would only be allowed if detergents were not included 
in the discharge.
Wetlands
    One commenter requested clarification between the section 402 NPDES 
and section 404 Dredge and Fill permitting programs. The NPDES and 
section 404 programs are implemented by EPA and the Department of the 
Army, respectively. Activities which involve the discharge of dredged 
or fill material into wetlands are regulated under section 404 of the 
CWA, which requires a permit from the Corps. However, construction 
activities (i.e., clearing grading, and excavation) that result in 
storm water discharge into wetlands are regulated under the NPDES 
program and require a permit from EPA.
    Several commenters expressed concern over the loss or degradation 
of wetlands and how their protection could be addressed in the 
construction general permit. Another commenter raised concern regarding 
the draining of wetlands and its adverse effect on fisheries under 
statistically expected drought conditions. EPA recognizes the 
commenters' concerns about construction activity impacts to wetlands. 
Because impacts to wetlands from dredged and fill material are already 
established and enforced under section 404 of the CWA, EPA is not 
incorporating any further language in today's permit regarding such 
requirements.
    One commenter raised concerns about wetlands in proximity to the 
construction activity, which may receive drainage from the site. The 
commenter was concerned that such areas be considered under the general 
permit requirements. In response, EPA agrees to change the wording in 
Part IV.D.1.g. of the permit language from ``areal extent of wetlands 
acreage at the site'' to ``an areal extent and description of acreage 
of wetland or other special aquatic sites (i.e., 40 CFR 230.3(q-1)) at 
or near the site which will be disturbed, or receive water discharged 
from the disturbed areas of the site.'' EPA believes this language will 
help clarify this requirement in the site description of the storm 
water pollution prevention plan.
    One commenter noted that a certain amount of sediment may be 
necessary to maintain the natural functioning of a wetland. The 
commenter expressed concern that under some circumstances, a 
construction project may result in decreases in the sediment load to a 
wetland. In response, EPA would note that the NPDES program requires 
permits for the discharge of pollutants from any point source into 
waters of the United States. By definition, wetlands are waters of the 
United States. As such, EPA must ensure that the discharges authorized 
by this permit comply with applicable water quality standards for the 
wetland, including requirements for sediment.
    One commenter requested clarification on jurisdictional wetland 
areas coverage under today's permits. For the purposes of the CWA, 
wetlands are defined as areas that are inundated or saturated by 
surface water or groundwater at a frequency and duration sufficient to 
support, and that under normal circumstances do support, a prevalence 
of vegetation typically adapted for life in saturated soil conditions 
(33 CFR 328.3(b)). EPA uses the 1987 Corps of Engineers Wetlands 
Delineation Manual to identify and delineate wetlands. This document 
establishes the specific technical criteria that must be satisfied for 
an area to be considered a jurisdictional wetland. Therefore, storm 
water discharges from a construction activity to jurisdictional 
wetlands (i.e., waters of the U.S.) need permit authorization and may 
be covered under today's permit.
    Other commenters expressed concern regarding the effects on 
wetlands of the development of land for agricultural purposes. EPA 
would first point out that agricultural runoff is exempt from the NPDES 
permit program (See 40 CFR 122.3, CWA section 502 (14)). In addition, 
the development of land for agriculture is not considered a 
construction project regulated by the NPDES permit program.
Residential Construction
    Many contractors and developers involved in residential development 
felt that the permit was geared towards large industrial facilities, 
and therefore not well suited to address small residential 
construction. These commenters generally either requested that 
residential construction be exempt from permitting, or that special 
consideration of the nature of residential construction be given in the 
permit.
    There is no regulatory provision to exempt any construction 
activities based solely on the nature of what is being built. The 
disturbance of five or more acres in a Larger Common Plan defines 
industrial activity that requires a storm water discharge permit. The 
impact on water quality is not necessarily reduced because the 
construction project is residential and may, in some instances, proceed 
in a more piecemeal fashion. However, the Agency recognizes that there 
are certain differences in how residential development occurs, 
particularly with regard to completion of individual homes and 
occupation by either a homeowner or tenant. EPA has made several 
changes and clarifications of permit requirements to address the 
concerns of the residential development industry.
    The definition of final stabilization has been changed. ``Final 
Stabilization'' in the final permit means either: (1) All soil 
disturbing activities at the site have been completed, and that a 
uniform (e.g., evenly distributed, without large bare areas) perennial 
vegetative cover with a density of 70% of the native background 
vegetative cover for the area has been established on all unpaved areas 
and areas not covered by permanent structures, or equivalent permanent 
stabilization measures (such as the use of riprap, gabions, or 
geotextiles) have been employed. In some parts of the country, 
background native vegetation will cover less than 100% of the ground 
(e.g. arid areas). Establishing at least 70% of the natural cover of 
native vegetation meets the vegetative cover criteria for final 
stabilization. For example, if the native vegetation covers 50% of the 
ground,

[[Page 7877]]

70% of 50% would require 35% total cover for final stabilization; or 
(2) for individual lots in residential construction by either: (a) the 
homebuilder completing final stabilization as specified above, or (b) 
the homebuilder establishing temporary stabilization (including 
perimeter controls) for an individual lot prior to occupation of the 
home by the homeowner and informing the homeowner of the need for and 
benefits of final stabilization. EPA strongly recommends that 
homeowners stabilize as soon as practicable. (Homeowners have a 
personal incentive to put in landscaping functionally equivalent to 
final stabilization as quick as possible to keep mud out of their house 
and off their sidewalks and driveway.)
Installation of Utility Service Lines
    The proposed permit attempted to more clearly define the role of 
utility companies whose sole involvement in a construction project was 
installation of utility service lines. Many utility companies 
challenged EPA's assertion that they represented a special class of 
operator at construction sites and pointed out potential financial and 
project delay impacts of requiring utility companies to obtain permit 
coverage before installing utility service lines at a project. Other 
commenters felt that utility companies should be held accountable for 
their actions on-site and for disturbing any storm water control 
measures installed by other site operators. In general, utility 
companies agreed that they are responsible for their actions on-site, 
but did not believe they should be considered ``operators'' and 
required to obtain permit coverage. Several commenters felt utility 
companies should be treated as subcontractors and the party requesting 
utility service should be the permittee.
    In response, EPA agrees that in many areas utility companies will 
not meet the definition of operator while installing utility service 
lines (the draft permit implied that a utility company would always be 
an operator when installing utility service lines). As with any other 
party involved in a construction project, permit coverage will only be 
required for utility companies when they met the definition of 
``operator.'' The definition of operator in the final permit, though 
changed slightly from the proposed permit for better clarity, applies 
to parties at a construction project which meet either of the following 
two criteria: (1) A party with operational control over construction 
plans and specifications, including the ability to make modifications 
to those plans and specifications; or (2) a party with day-to-day 
operational control of those activities at a project which are 
necessary to ensure compliance with a storm water pollution prevention 
plan (SWPPP) for the site or other permit conditions (e.g., they are 
authorized to direct workers at the site to carry out activities 
required by the storm water pollution prevention plan or comply with 
other permit conditions). To determine if a utility company meets 
either criterion, a review of the word ``control'' with regard to 
construction plans and specifications and day-to-day operations is 
needed.
    In the definition of ``operator,'' it is not EPA's intention to 
include those parties whose function is to assure that a project 
complies with previously established standards (e.g., national, state 
or municipal). For example, design or installation standards set by 
municipalities or utilities which are based on national standards such 
as the National Electric Code does not give the municipality or utility 
``control'' over a construction project's plans and specifications, but 
instead directs or limits a project operator's latitude when drafting 
or modifying a particular aspect of the project's plans and 
specifications. Furthermore, reviewing or applying such standards 
(e.g., residential electric lines must be capable of carrying a 
specific voltage, made of certain materials, buried a certain depth) 
does not make a utility or municipality meet the first criterion of the 
definition of ``operator.'' Also, utility companies will often not meet 
the second criterion of the definition because they are not responsible 
for overall SWPPP compliance at a project. Typically, a project's 
general contractor has overall responsibility for SWPPP implementation 
and compliance.
    To the extent that a utility company needs to develop its own site-
specific plans and specifications for a service installation at a 
project requiring storm water permit coverage, the utility will be 
considered to meet the definition of ``operator'' and must allow for 
appropriate storm water control measures either by designing and 
implementing controls themselves, or by assuring that another project 
operator has designed and will implement storm water controls for the 
area disturbed by the utility service installation. In all cases, to 
ensure effective implementation of storm water pollution control 
measures, EPA stresses the importance of cooperative efforts by all 
parties involved at a construction site, including those not meeting 
the definition of ``operator,'' to understand and abide by SWPPP 
provisions which their activities will impact.
    Other examples of where a service line installation would require 
construction storm water permit coverage would be if the activity 
disturbed five or more acres (40 CFR 122.26(b)(14)(x)), or was 
designated by the Director to obtain coverage for another reason (40 
CFR 122.26(a)(1)(v), 122.26(a)(9) or 122.26(g)(1)(i)). See Part I.B.1. 
of the permit for further details on eligibility. Other utility company 
activities, such as the installation of main transmission lines, should 
likewise be reviewed to see if permit coverage is required.
    After considering the comments from the utility companies, the 
proposed area-wide NOI option and SWPPP certification statement for 
utility companies in the proposed permit were deleted in the final 
permit. Utility companies were generally uncomfortable with even the 
limited requirements of the area-wide NOI since the actual construction 
projects where they would be working would not be known at the time of 
the NOI submittal. The certification statement is no longer necessary 
since measures to address utility service line installations no longer 
require the statement to assign responsibility from the utility company 
to another project operator. In addition, based on the comments from 
the utility companies, the frequency of the situations in which a 
utility would be considered an operator may be significantly less than 
EPA had thought. Hence, there may not be a pressing need for the 
proposed streamlined permitting option.
Construction in Cold Climates
    Several comments were received suggesting changes to the 
construction general permit to accommodate cold weather oil and gas 
issues or questioning the effectiveness and requirement for storm water 
pollution prevention plans for North Slope oil and gas facilities in 
Alaska. Specifically, commenters were questioning the need for, and 
appropriateness of, the permit for gravel pad construction on the North 
Slope during frozen conditions. It was stated that construction 
activities only occur during the cold months because access is 
facilitated by frozen permafrost conditions. When the North Slope is in 
a thawing condition it is essentially a wetland, which makes overland 
access activities difficult as well as very disruptive to the ecology. 
Commenters expressed concern that gravel pads might be required to 
establish 70% vegetative cover prior to submitting the NOT.

[[Page 7878]]

    With regards to the need for a storm water discharge permit, EPA 
points out that the definition of storm water at 40 CFR 122.26(b)(13) 
includes snow melt runoff. As such, EPA believes that construction 
which occurs during frozen conditions still needs a storm water permit 
since the snow will eventually melt and be discharged.
    Construction activity which involves depositing gravel fill 
directly into wetlands is regulated under section 404 of the CWA which 
is administered by the US Army Corps of Engineers (COE). COE section 
404 permits all require CWA section 401 certification providing 
assurance that if the construction activity is in compliance with the 
COE 404 permit, there will be no water quality standard violations.
    Once the gravel pads are constructed, it is reasonable to consider 
them as permanent structures since their surface will be used to 
conduct oil and gas activities. Therefore remediation of the pad itself 
(70% restoration of vegetative cover) is not appropriate at the end of 
the construction sequence. Storm water permitting may be required, 
however, for the operational phase of the pad activities as well as 
gravel extraction activities.
    Other comments regarding cold weather issues in Alaska pertained to 
the remoteness of sites that would need to be permitted and inspected. 
Commenters were concerned that accessing such remote sites is not 
easily accomplished, and overly burdensome. In response, EPA has 
included a special provision in Part IV.D.4 of the final permit to 
provide a waiver of the inspection requirements when the ground would 
be expected to be frozen for an extended period of time. Inspections 
would be required to begin one month prior to when thawing conditions 
are expected to begin.
Compliance With Water Quality Standards
    Several comments objected to the inclusion of permit eligibility 
and discharge compliance requirements related to water quality 
standards (WQS). EPA is obligated under CWA section 402(p)(3) to ensure 
that all permits for discharges associated with industrial activity 
(which includes storm water discharges from construction sites of five 
acres or more) shall meet all applicable provisions of CWA section 301.
    CWA section 301(a) states that discharges shall be unlawful unless 
in compliance with sections 301, 302, 306, 307, 318, 402, and 404 of 
the Act. Section 301 provides that discharge permits must include 
effluent limitations necessary to assure that discharges comply with 
State or Tribal WQS. Effluent limitations do not have to be numeric, 
especially in cases where numeric limitations are currently infeasible. 
In such cases, EPA may require the use of best mangement practices 
(BMPs) including more sophisticated forms of treatment in permits to 
satisfy the CWA's requirements for ``any more stringent limitations as 
necessary to meet State WQS.'
    If a discharge is found to be violating a water quality standard, 
EPA can require that the discharge be covered by an individual permit, 
which may include more stringent controls or numeric effluent 
limitations developed to ensure compliance with WQS. The development of 
the effluent limitations would be dependent upon adequate 
characterization of the discharges and the individual permit could also 
include monitoring requirements.
    Some commenters were concerned that compliance with WQS is not 
possible in some situations and therefore WQS compliance should be 
waived. As stated above, compliance with water quality standards is a 
requirement of the CWA as implemented through the NPDES permitting 
program. EPA can not waive the requirements of the CWA. If the 
permittee feels that the WQS to which they must comply are too 
stringent or the cost of that compliance is too high, several avenues 
of relief can be sought. The permittee may seek changes of WQS through 
a use attainability analysis, the development of site specific 
criteria, or short term WQS variances. All of these avenues must be 
pursued through consultation with the applicable State or Tribal 
environmental agency and are subject to EPA review.
    If the permittee is not able to comply with WQS as a result of the 
implementation of a certain set of BMPs, EPA recommends installing more 
effective BMPs or additional BMPs to assure compliance with WQS. If 
this effort results in discharges which continue to violate WQS, EPA 
recommends that the facility cease discharging, apply for an individual 
permit, or pursue one of the options listed above to change the WQS. 
(See also EPA's memorandum of August 1, 1996, entitled ``Interim 
Permitting Approach for Water Quality-Based Effluent Limitations for 
Storm Water Discharges.'')
    EPA received several comments regarding salt intrusion to 
groundwater discharges that might exceed standards established by the 
State. One commenter suggested that the final permit include an 
affirmative statement to specify that, in developing and implementing 
storm water pollution prevention plans, permittees are not required to 
remove remove constituents that are not added by the construction 
project or related activities. In response, EPA notes that Clean Water 
Act section 301(b)(1)(C) requires that NPDES permits include any more 
stringent limitation including those necessary to meet water quality 
standards. The CWA does not, however, regulate releases of polluants to 
groundwater unless there is a direct hydrological connection between a 
point source and surface waters of the United States through such 
groundwater. Therefore, the commenter's recommendations were not 
included in the final permit.
    The California Department of Transportation recommended that the 
general permit incorporate language similar to that developed by the 
State by California for its general industrial storm water permit. 
However, EPA has recently expressed concerns to the State regarding the 
language in question and is currently working with all stakeholders in 
California on alternative language. Since EPA believes that the 
language as written is not appropriate it was not incorporated into the 
final permit.
    Another commenter contended that Part III.D of the draft permit 
(compliance with water quality standards) was too weak. The commenter 
recommended that the permit also require remedial actions by permittees 
to correct any damage that may result from the discharges not in 
compliance with the permit.
    EPA disagrees with the commenter that the language addressing water 
quality standards compliance needs to be strengthened. A wide variety 
of enforcement responses are available to the Agency for discharges 
which violate the terms of the permit, including requirements for 
remediation of environmental damage caused by the discharges. As such, 
the requested modifications were not incorporated into the final 
permit.

Protection of Endangered Species

    A large number of comments were received regarding provisions in 
the permit to protect listed species and critical habitats. For reading 
convenience, similar comments have been grouped together for response 
and are listed below in items A through V.
    (A) A number of commenters have expressed the belief that the Clean 
Water Act (CWA) does not allow EPA to place conditions in National 
Pollutant Discharge Elimination System (NPDES)

[[Page 7879]]

permits to protect listed species and critical habitat. They believe 
that requirements to protect listed species have no relation to the 
CWA's goal of protecting water quality. These commenters have requested 
that EPA remove those permit conditions or provide a legal 
justification as to why they should be included.
    EPA declines to remove these provisions because the Agency believes 
that conditions to protect listed species and critical habitat are 
appropriate for Federally-issued NPDES permits such as the CGP given 
the requirements placed on them by sections 7(a)(1), 7(a)(2), and 9 of 
the ESA. By placing ESA requirements on Federal agencies and their 
actions, Congress intended that Federal permits could contain 
conditions to protect listed species and critical habitat. ESA 
regulations at 50 CFR 402.02 define an ``action'' subject to section 7 
to include ``permits,'' and EPA first recognized the applicability of 
ESA section 7 to the Federal NPDES program in 1979, when it promulgated 
regulations listing the ESA as a Federal law which may apply to EPA-
issued permits. See 44 CFR 32917 (June 7, 1979). EPA's current 
regulations at 40 CFR 122.49(c) \6\ and 122.43(a) \7\ require that EPA 
adopt or consider the adoption of permit conditions to comply with ESA 
requirements.
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    \6\ The pertinent portions of 40 CFR 122.49 read as follows: 
Considerations under Federal law. The following is a list of Federal 
laws that may apply to the issuance of permits under these rules. 
When any of these laws is applicable, its procedures must be 
followed. When the applicable law requires consideration or adoption 
of particular permit conditions or requires the denial of a permit, 
those requirements also must be followed. * * * (c) The Endangered 
Species Act, 16 U.S.C. 1531 et seq. section 7 of the Act and 
implementing regulations (50 CFR part 402) require the Regional 
Administrator to ensure, in consultation with the Secretary of the 
Interior or Commerce, that any action authorized by EPA is not 
likely to jeopardize the continued existence of any endangered or 
threatened species or adversely affect its critical habitat. 
(Emphasis added).
    \7\ 40 CFR 122.43(a) states: ``In addition to conditions 
required in all permits (122.41 and 122.42), the Director shall 
establish conditions, as required on a case-by-case basis, to 
provide for and assure compliance with all applicable requirements 
of CWA and regulations. These shall include conditions under 122.46 
(duration of permits), 122.47(a) (schedules of compliance), 122.48 
(monitoring), and for EPA permits only 122.47(b) (alternates 
schedule of compliance) and 122.49 (considerations under Federal 
law).'' (Emphasis added.)
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    Finally, EPA notes that the primary goal of the CWA is the 
restoration and maintenance of the chemical, physical, and biological 
integrity of the Nation's waters. This includes the attainment of water 
quality that provides for the protection and propagation of fish, 
shellfish, wildlife. See 33 U.S.C. 1251. These goals include the 
protection of listed and other at-risk species.
    (B) Other commenters have characterized the ESA as a new 
environmental law that permit applicants are being required to certify 
under. EPA does not believe that the ESA is a new environmental law 
because it has been listed in EPA's regulations since 1979 as a statute 
which may apply to the issuance of NPDES permits by EPA.
    (C) Some commenters have objected to measures to protect species 
and critical habitat in the proposed permit as an impermissible 
delegation of EPA's section 7 consultation responsibilities to the 
permit applicant.
    EPA recognizes that as the action Federal agency, it bears the 
ultimate responsibility for compliance with section 7 of the ESA for 
issuance of the CGP. It is not abrogating that responsibility. However, 
given the CGP's potential coverage of over 13,000 construction 
activities per year that are scattered across eight States and numerous 
other Federal permitting jurisdictions, it is essential that permit 
applicants and permittees consider the effects of their particular 
actions on listed species and critical habitat, and to take measures to 
protect those resources, if EPA is to ensure that issuance and 
operation of the CGP is not likely to adversely affect listed species 
and critical habitat.
    As noted above, EPA believes that under the CWA and the ESA, it is 
appropriate for NPDES permits to require that applicants and permittees 
take measures to protect listed species. EPA also believes that such 
conditions should require that applicants consider the potential and 
actual effects of their actions on listed species and critical habitat. 
Storm water general permits place substantial responsibilities on 
permit applicants and permittees to ensure that their storm water 
discharges are protective of the environment. This includes the 
development of information (as part of the NOI and SWPPP development 
process) to ensure compliance with permit requirements. The ESA 
regulations clearly allow for permit applicants to develop and collect 
information on the effects of their proposed actions on listed species 
and critical habitat.\8\ Those regulations also provide that applicants 
can conduct informal consultation as non-Federal Representatives 
(NFRs). see 50 CFR 402.08.
---------------------------------------------------------------------------

    \8\ Applicants are listed throughout the ESA consultation 
regulations and preambles as involved parties in the consultation 
process.
---------------------------------------------------------------------------

    The conditions being established by EPA through ESA section 7 
consultation to protect listed species and critical habitat are 
designed to focus EPA, Fish and Wildlife Service (FWS), and National 
Marine Fisheries Service (NMFS) resources on those permitted activities 
that merit a site-specific ESA section 7 consultation or section 10 
permit. Where a site-specific section 7 consultation is appropriate, 
the CGP allows for either informal consultation (with the applicant 
having NFR status) or for formal consultation. EPA is prepared to 
conduct site-specific consultations where necessary to ensure that 
permitted activities are protective of listed species. However, given 
the large number of expected applicants and limits on EPA's resources, 
it is faster and more efficient for the bulk of these consultations to 
be carried out as informal consultations with permit applicants as non-
Federal representatives.
    Finally, EPA notes that it has completed section 7 consultation and 
conferencing for issuance and operation of the CGP and that the FWS and 
the NMFS (the ``Services'') have concurred with the approach taken in 
the permits and with EPA's finding that the issuance and operation of 
the CGP is not likely to result in adverse effects to listed species 
and critical habitat.
    (D) Some commenters have also noted that shifting the burden for 
carrying out consultation will result in administrative difficulties 
for the Services. EPA coordinated development of the CGP with the 
Services and notes that the CGP conditions are designed to reduce the 
number of site specific consultations to those actions where adverse 
effects may be likely. However, it is possible that a large number of 
site-specific consultations will be performed for activities covered by 
the CGP.
    (E) A number of commenters were concerned that these conditions 
will be difficult to comply with. Specifically, commenters were 
concerned that information on listed species and critical habitat will 
be hard to obtain. They have asked that EPA make species lists, 
critical habitat, and other information readily available to the 
public. Some commenters have asked that this information be placed in 
the permit or on the Internet. They have noted that many permit 
applicants will not know how to comply with these requirements. Some 
commenters have also requested that EPA ensure that any ESA guidance 
remain in the final permit document.
    EPA has worked closely with the Services to give the greatest 
flexibility to permittees in complying with

[[Page 7880]]

requirements to protect listed species and critical habitat. While EPA 
realizes that fulfilling some CGP requirements to protect listed 
species and critical habitat may seem difficult to some applicants, the 
procedures to meet those requirements are similar to those already 
undertaken by many developers and contractors to obtain ESA section 10 
permits for protection from incidental takes liability. As noted above, 
the CGP allows applicants to use section 10 permits to meet permit 
eligibility requirements.
    There is much information on listed species and designated critical 
habitat that is publicly available. Lists of endangered and threatened 
species are published by the Fish and Wildlife Service and the National 
Marine Fisheries Service and can be found in 50 CFR 17 of the Code of 
Federal Regulations (CFRs). The CFRs are widely available and can be 
found in many libraries or law libraries. Copies of the CFRs can also 
be ordered from the Government Printing Office which maintains a number 
of book stores throughout the country \9\ or they can be accessed for 
free at the GPO Website (http://www.access.gpo.gov/nara/cfr/index.htm).
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    \9\ GPO bookstores are located in Atlanta, GA; Birmingham, AL; 
Boston, MA; Chicago IL; Cleveland, OH; Columbus, OH; Dallas, TX; 
Denver, CO; Detroit MI; Houston TX; Jacksonville, FL; Kansas City, 
MO; Laurel, MD; Los Angeles, CA; Milwaukee, WI; New York, NY; 
Philadelphia, PA; Pittsburgh, PA; Portland, OR; Pueblo, CO; San 
Francisco, CA; Seattle, WA; and Washington, DC.
---------------------------------------------------------------------------

    The Services also maintain electronic copies of these lists at 
their respective World Wide Web sites. Lists of species under the FWS 
jurisdiction can be accessed at the Endangered Species Home Page 
(http://www.fws.gov/r9endspp/endspp.html) (which is also 
attached to the FWS Home Page (http://www.fws.gov) in the ``Nationwide 
Activities Category''). Lists of species under NMFS jurisdiction can be 
found on the NMFS Homepage (http://www.nmfs.gov) under the ``Protected 
Resources Program.'' Lists and maps of critical habitat can be found in 
the Code of Federal Regulations at 50 CFR 17 and 226.
    Also, information on listed species and critical habitat can also 
be obtained by contacting the FWS and NMFS offices or by contacting the 
Biodiversity Heritage Centers of the Natural Heritage Network. The FWS 
has offices in every State. NMFS has offices in certain States. A list 
of NMFS and FWS office addresses is provided in Addendum A of the 
permit. The Natural Heritage Network comprises 85 biodiversity data 
centers throughout the Western Hemisphere.
    These centers collect, organize, and share data relating to 
endangered and threatened species and habitat. The network was 
developed to promote informed land-use decisions by developers, 
corporations, conservationists, and government agencies, and is also 
consulted for research and educational purposes. The centers maintain a 
Natural Heritage Network Control Server Website (http://
www.heritage.tnc.org) which provides website and other access to a 
large number of specific biodiversity centers. A list of biodiversity 
center addresses is provided in Addendum A of the CGP.
    Addendum A also contains a list by county of all species in areas 
covered by the CGP that are listed as endangered and threatened 
(``listed species'') or proposed for listing as endangered and 
threatened (``proposed species'). This list is current as of September 
1, 1997. Because the status of species and counties will change over 
time, EPA will periodically update the county list and make it 
electronically available on the EPA's website. CGP applicants can get 
updated species information for their county by calling the appropriate 
Fish and Wildlife Service office or National Marine Fisheries Service 
office. EPA Region 2 applicants \10\ can also contact the EPA Region 6 
and Region 2 Storm Water Hotline (1-800-245-6510) for updated species 
information. Applicants from other EPA Regions can contact the 
appropriate EPA Regional Office for updated species information.
---------------------------------------------------------------------------

    \10\ Region 2 permit areas include Indian Country lands in the 
State of New York and the Commonwealth of Puerto Rico.
---------------------------------------------------------------------------

    Finally, EPA has worked with the Services to expand Addendum A to 
provide more guidance on how meet the permit eligibility requirements 
and to protect listed species. There are also a number of guidance 
documents produced by the Fish and Wildlife Service and the National 
Marine Fisheries Service to assist the public in meeting ESA 
requirements. Many of those documents are electronically available on 
the Services'' Internet sites.
    (F) Some commenters have requested that EPA publicly notice any 
species to be included in the final county species list that were not 
found in the Addendum H of the Multi-Sector General Permit issued on 
September 29, 1995 (60 FR 50804). EPA declines to take this action 
because it believes sufficient public notice was provided in the 
proposal when EPA referred reviewers to the Multi-Sector General 
Permit's Addendum H list (62 FR 29791, footnote #12 (June 2, 1997)), 
which contains similar species on a county basis to that contained in 
Addendum A of the CGP. Furthermore, EPA notes that all of the proposed 
and listed species found on both Addendum A of the CGP and Addendum H 
of the Multi-Sector General Permit already have undergone public notice 
as part of the ESA listing process.
    (G) Some commenters have noted that the Addendum A species list may 
not remain current in light of new species listings. As noted above, 
EPA is planning to provide regular updates of the list and to make it 
available to permit applicants.
    (H) Commenters have also expressed concerns with the timing of this 
process. They have noted that once a project has reached the 
construction stage, there is not enough time to take action to protect 
listed species. EPA encourages permit applicants to analyze effects to 
listed species and critical habitat at the earliest possible stage. EPA 
has required applicants to analyze impacts to species when developing 
storm water pollution prevention plans (SWPPPs) prior to submitting 
NOIs. However, applicants may choose to conduct this review at an even 
earlier time. Any conditions to protect species and critical habitat 
must be incorporated into the SWPPP.
    (I) EPA solicited comments on whether the scope of effects to 
listed species and critical habitat to be considered by permit 
applicants should encompass the entire construction site. A number of 
commenters supported this expansion. Some commenters did not think 
there was anything to be gained by broadening the scope of the area to 
include the entire site. Other commenters did not believe that storm 
water regulation extended to land areas unaffected by either storm 
water discharges or best management practices (BMPs).
    EPA has revised its permit conditions and Addendum A instructions 
to require that permit applicants consider the effects of ``storm water 
discharges and storm water discharge-related activities'' on listed 
endangered and threatened species and critical habitat within the 
``project area.'' The terms ``storm water discharge and storm water 
discharge-related activities'' replaces the terms ``storm water 
discharges and construction and implementation of best management 
practices'' used in the proposal. ``Discharge-related activities'' 
include (1) activities which cause point source storm water pollutant 
discharges including but not limited to excavation, site development, 
and other surface disturbing activities, and (2) measures to

[[Page 7881]]

control, reduce, or prevent storm water pollution including the siting, 
construction, and operation of BMPs. This revision expands the scope of 
effects that should be considered for listed species when compared to 
the proposed permit. The term ``project area'' now replaces the 
proposed term, ``in proximity to.'' The ``project area'' includes: 
areas on the construction site where storm water discharges originate 
and flow towards the point of discharge into the receiving waters (this 
includes all areas where excavation, site development, or other ground 
disturbance activities occur), and the immediate vicinity; areas where 
storm water discharges flow from the construction site to the point of 
discharge into receiving waters; areas where storm water from 
construction activities discharges into the receiving waters; areas in 
the immediate vicinity of the point of discharge; and areas where storm 
water BMPs will be constructed and operated, including any areas where 
storm water flows to and from BMPs.
    EPA anticipates that the project area will vary from site-to-site 
depending on the size and structure of the construction activity, the 
nature and quantity of the storm water discharges, the measures 
(including BMPs) to control storm water runoff, and the type of 
receiving waters. In many cases, the project area will encompass an 
entire construction site. However, there could be situations where 
project area may encompass a portion of the site (for example, where 
the actual construction disturbs only a portion of a land development 
project). EPA believes the revised scope of the permit is more 
consistent with the definitions of ``effect'' and ``action area'' found 
in the ESA regulations and affords better protection for listed species 
and critical habitat while ensuring that CGP storm water controls are 
not extended into areas that bear no relation to the discharge of 
polluted storm water.
    Some commenters believe the scope of effects of the permit is too 
narrow. In particular, they believe that the scope should encompass 
areas farther downstream than what was proposed in the permit, which 
directed permit applicants to consider effects to listed species and 
critical habitat in the immediate vicinity or nearby the point of 
discharge. EPA declines to expand this scope beyond what was proposed 
because the proposed (defining ``in proximity'') and final permit 
language (defining ``project area'') allow for a flexible determination 
of effects which can extend further downstream depending on the 
circumstances surrounding each discharge. Those circumstances vary with 
the size and structure of the construction activity, the nature and 
quantity of the storm water discharges, the measures (including BMPs) 
to control storm water runoff, and the type of receiving waters. Also, 
the CGP does not authorize any discharges that would cause or 
contribute to a violation of water quality standards. Water quality 
standards are designed to be protective of use of the water, including 
aquatic life and consequently, listed species. Moreover, under the CWA, 
any discharge must not only ensure compliance with the water quality 
standards of the water where the discharge is located, but also any 
downstream water quality standards. Thus, the scope of the inquiry 
under this permit is not so narrow as this commenter suggests. EPA 
believes that any downstream water quality impacts associated with 
discharges of stormwater under this permit will be adequately accounted 
for.
    Commenters have also requested that EPA consider or require that 
applicants consider effects to listed species from storm water 
contamination that enters into groundwater which then enters into 
surface waters where those species are found.
    EPA believes it is providing for the consideration of effects from 
discharges to hydrologically connected groundwater. EPA interprets the 
CWA's NPDES permitting program to regulate discharges to surface water 
via groundwater where there is a direct and immediate hydrologic 
connection (``hydrologically connected'') between the groundwater and 
the surface water. However, EPA also believes that this use of NPDES 
permits is highly dependent on the facts surrounding each permitting 
situation. CGP coverage can extend to discharges to surface water via 
hydrologically connected groundwater and CGP applicants, like any other 
NPDES applicant, should consider those types of discharges when 
applying for permit coverage. However, these discharges may at times be 
better suited for individual permits, and EPA may require that 
applicants obtain an individual permits as provided at Part VI.L. of 
the CGP and in 40 CFR 122.28(b)(3) of EPA's general permit regulations. 
Permit applicants and the interested people can also petition EPA under 
those provisions to require coverage by an individual permit.
    (J) A number of commenters have questioned why there is a need to 
have specific conditions in the permit to protect listed species and 
critical habitat when there are other laws or procedures which 
accomplish the same goal. Some commenters have noted that ESA section 
10 procedures are already used by developers and that requiring 
additional procedures in the CGP to protect species amounts to ``double 
regulation.''
    EPA intends to provide applicants with the greatest degree of 
flexibility in meeting the Part I.B.3.e.(2) eligibility requirements 
for CGP coverage. The permit allows applicants to use section 10 
procedures to meet the eligibility requirements of Part I.B.3.e.(2). As 
such, EPA is not imposing ``double regulations'' on permittees.
    Other commenters have also questioned whether there is a need to 
have these procedures where a 404 permit is being issued or where a 
NEPA review is being conducted for the same site. EPA notes that a 404 
permit or a NEPA review can suffice for CGP coverage under part 
I.B.3.(e)(2)(b), provided, a section 7 consultation has been performed 
as part of the NEPA review or 404 permit issuance and the consultation 
addresses effects from storm water discharges and storm water 
discharge-related activities.
    One commenter noted that some States have protective and stringent 
environmental review laws which apply to NPDES permits and there is no 
reason for applicants in those States to undertake additional 
requirements to protect listed species and critical habitat. EPA notes 
that while the information developed for compliance with State 
environmental review statutes can be used to meet the eligibility 
requirements of Part I.B.3.e.(2)(a) for CGP coverage where there are no 
listed species present or where there is no likelihood of adverse 
effects to listed species, EPA does not believe that compliance with a 
State environmental review by itself is sufficient to substitute for 
section 7 consultation or a section 10 permit since State reviews may 
not take Federally listed species and critical habitat into account. 
However, information generated from a State environmental review can 
also serve as a basis for a section 7 consultation or applying for a 
section 10 permit for the purposes of meeting the eligibility 
requirements of Part I.B.3.e.(2)(b) or (c).
    (K) Some commenters have asked for clarification on whether EPA is 
requiring permit applicants to address State and Federally listed 
endangered and threatened species or solely Federally listed species. 
One commenter recommended that applicants should be made aware that 
State laws and regulations involving endangered species may impact 
their projects. EPA is requiring that permit applicants

[[Page 7882]]

consider impacts to Federally listed species and designated critical 
habitat. However, EPA notes that States have the authority to impose 
their own requirements under State law to protect Federally or State 
protected species from construction activities, and that Part VI.M. of 
the CGP states that coverage by the permit does not release any 
permittee from meeting the responsibilities or requirements imposed 
under other environmental statutes or regulations. Those environmental 
statutes and regulations include State laws for the protection of 
imperiled wildlife and vegetation, and other natural resources.
    (L) One commenter has characterized the CGP conditions as allowing 
any discharge unless it is likely to adversely affect a listed species 
of critical habitat. It expressed the belief that this is not the 
correct standard to use when determining coverage under a general 
permit which is meant for routine cases.
    EPA notes, however, this standard will ensure that the operation of 
the permit is not likely to adversely affect listed species and 
critical habitat. This approach, which was subject to ESA section 7 
consultation with the Services, will focus limited EPA and Service 
resources on those permitting situations where potential adverse 
effects are likely. This is important given the vast number of 
activities projected to be covered by the CGP. Thus, EPA believes this 
standard to be appropriate for the CGP.
    (M) Some commenters have expressed the belief that hydrologically, 
geologically, or environmentally unique areas such as the Barton 
Springs watershed near Austin, Texas, require special protections for 
listed species and critical habitat. They have requested that either 
separate, more stringent general permits be developed for these areas 
or that EPA require individual permits for construction activities 
occurring there. One commenter has also requested that a separate 
consultation be conducted for the Barton Springs segment of the Edwards 
Aquifer.
    EPA believes that the final CGP conditions provide stringent 
protection for the environment and listed species. EPA closely 
coordinated with the Services on which ESA section 7 approach was best 
suited for EPA's issuance of the CGP. EPA and the Services agreed that 
a national ESA section 7 consultation coupled with permit conditions to 
allow for individual site-specific consultations is the best mechanism 
to assure that the CGP is protective of listed species and the 
environment.
    The Agency believes that the general permit as issued insures that 
any area with special site-specific circumstances will be protected. No 
discharge may be authorized under this permit that will adversely 
affect any listed species, unless those effects have been actually 
addressed through an ESA section 7 consultation process or section 10 
permit issuance that takes into account the impact on the particular 
species of concern. Therefore, EPA believes that the process envisioned 
by this general permit effectively provides for consideration of site-
specific issues that are of concern to this commenter.
    (N) One commenter has questioned whether EPA complied with the ESA 
section 7 conferencing requirements to confer with the Services where 
an agency action is likely to jeopardize the continued existence of any 
proposed species or result in the destruction or adverse modification 
of proposed critical habitat. In response, the CGP does not authorize 
any storm water discharges or storm water discharge-related activities 
that are likely to jeopardize the continued existence of any proposed 
species or result in the adverse modification or destruction of 
proposed critical habitat. Nonetheless, EPA entered into and completed 
ESA section 7 conferencing with the Services at the same time it 
undertook informal consultation.
    (O) Several commenters have asked for clarification on the extent 
of their liability if they rely on another operator's certification 
with respect to effects to listed species and critical habitat if that 
certification proves to be inadequate or contains falsehoods. Also, 
utility operators have raised the issue as to the nature and extent of 
their liability where their certification is based on another 
operator's certification.
    Applicants/permittees who rely on another operator's certification 
to meet the eligibility requirements of the permit may be liable for 
inadequacies or falsehoods in that certification. This potential 
liability is well described in the certification language of the NOI 
form which states:

    I [the applicant] certify under penalty of law that this 
document and all attachments were prepared under my direction or 
supervision in accordance with a system designed to assure that 
qualified personnel properly gather and evaluate the information 
submitted. Based on my inquiry of the person or persons who manage 
this system, or those persons directly responsible for gathering the 
information, the information submitted is, to the best of my 
knowledge and belief, true, accurate, and complete. I am aware that 
there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment for knowing 
violations.

    Thus, it is important for those applicants who choose to rely on 
another operator's certification that they carefully review that 
certification and its SWPPP for accuracy and completeness. If the 
certification appears to be inadequate in any way, then EPA recommends 
that an applicant provide an independent basis for its certification in 
its SWPPP. EPA notes that as a matter of enforcement discretion it will 
consider the circumstances that are unique to each enforcement 
situation, and an applicant's good faith reliance on another operator's 
certification may be a mitigating factor in such situations. Utilities 
that fit the definition of operator and who choose to rely on another 
operator's certification are liable to the same extent as any other 
operator who relies on another operator's certification.
    (P) One commenter asserted that the proposed permit is not in 
compliance with section 7(a)(1) of the ESA, which directs agencies to 
utilize their authorities in furtherance of the purposes of the ESA by 
carrying out programs for the conservation of listed species. The 
purposes of the ESA include recovering listed species so that they no 
longer need ESA protection, and conserving the ecosystems upon which 
listed species depend.
    EPA believes that the protections built into this permit will not 
only avoid or minimize adverse effects to listed species, but also 
affirmatively benefit such species, the ecosystems upon which they 
currently depend, and the unoccupied habitat into which they may 
recover. These benefits are inherent in the fact that the function of 
this permit is to reduce discharges of pollutants into the aquatic 
environment. Reducing pollution from construction activities reduces 
stress on both the individuals of listed species and aquatic 
ecosystems. Moreover, the permit contemplates that case-by-case 
protection may be developed, as appropriate, when consultation with the 
Service(s) occurs prior to permit coverage. The involvement of the 
Service(s)' biologists in such cases ensures that site-specific 
conservation opportunities will be identified.
    (Q) Some commenters have requested that residential construction 
that occurs on a fully developed site be exempt from the endangered 
species certification requirement.
    EPA declines to provide that exemption. EPA notes that impacts to 
listed species and critical habitat can also occur from development and 
construction even on fully developed sites (for example, at the point 
of

[[Page 7883]]

discharge into surface waters) and thus, residential construction 
operators should not be exempted from the endangered species 
certification requirements.
    (R) Some commenters are concerned that Fish and Wildlife Offices 
(FWS) may not have enough staff to respond to queries or consultation 
requests from CGP applicants regarding listed species and critical 
habitat.
    EPA believes that the Services have the staffing levels to address 
queries from permit applicants and notes that the CGP was issued in 
close consultation with FWS. The CGP also provides flexiblity by 
allowing permit applicants to use sources other than FWS for obtaining 
information on listed species. Applicants can use the Natural Heritage 
Centers whose addresses are listed in listed in Addendum A of this 
permit. Therefore, EPA believes that the flexibilities built into the 
CGP will ensure that the FWS offices are not overburdened.
    (S) One commenter expressed concern regarding the obligation of 
NPDES storm water permitted facilities in determining construction site 
compliance with the ESA and NHPA. The commenter requested a 
clarification that the role of an NPDES-permitted municipality is 
limited to verifying that the pertinent sections of the NOI have been 
completed and that municipality is not under an obligation of verify 
the accuracy of certifications under the ESA and NHPA.
    The reference to ``NPDES permitted municipality'' was intended to 
refer to a Municipal Separate Storm Sewer System (MS4) with an NPDES 
permit. The CGP does not impose requirements on MS4s to evaluate or 
verify NOIs submitted by third parties. However, if a municipality were 
to receive CGP coverage as an operator (by itself engaging in 
construction activities or development) as defined in Part IX.N. of the 
CGP, its obligation to meet the eligibility requirements of Part I.B.3 
would be the same as any other operator under the CGP.
    (T) Some commenters have stated that the proper party to bear 
responsibility for impacts to listed species is the public owner or 
site developer.
    It is not clear whether this commenter intends for the term 
``public owner'' to refer to governmental entities. EPA notes that the 
CGP applies to anyone who fits the definition of ``operator'' in Part 
IX.N of the permit. The CGP does allow for an overall developer or 
public owner to provide for a comprehensive certification which can be 
adopted by other operators on the site. While allowing for a single 
comprehensive certification to cover for other operator certifications 
may be the most efficient way to meet the certification requirements in 
many cases, there will also be situations where it is better to allow 
site operators the option of providing an independent basis for their 
certifications. Some operators may be in a better position to 
accurately assess the effects of their actions on listed species and 
may not want to rely on another operator's certification. There could 
also be instances where a primary contractor, and not the developer or 
owner, is better situated to develop a comprehensive certification. For 
those reasons, EPA declines to impose certification requirements solely 
on the public owner or site developer.
    (U) Some commenters have stated that complying with the ESA 
certification procedures will require a substantial increase in time 
and resources in many situations and may double the paperwork burden 
from that of the earlier, first round Baseline Construction General 
Permit (BCGP).
    EPA acknowledges that the CGP will impose an increased burden on 
operators to meet the certification requirements as compared to that of 
the BCGP. However, the substantive requirements for the CGP are more 
flexible and allow for NPDES coverage in more situations than the BCGP 
which denied coverage to anyone whose discharges might adversely affect 
listed or proposed to be listed endangered and threatened species or 
critical habitat (57 FR 41218, September 9, 1992). EPA also notes that 
CGP eligibility requirements represent a substantial improvement over 
the baseline protections which were rudimentary with respect to 
protecting listed species.
    EPA has worked closely with the Services and given great 
consideration of public comments to ensure that these procedures are as 
flexible and least burdensome as possible. By allowing operators to 
rely on another operator's certification, EPA believes any additional 
burden imposed by these requirements can be kept to a minimum. EPA also 
notes that many of the procedures established to meet the CGP 
eligibility requirements are the same as those that developers or 
contractors would have to undergo anyway in order to obtain a section 
10 permit for protection from ESA section 9 liability for incidental 
takes. The permit does allow for the acquisition of a section 10 permit 
as a way to meet the eligibility conditions. EPA has also provided 
guidance, containing species lists and other information, to assist 
permittees in meeting the eligibility requirements. Therefore, EPA 
believes that an increase in burden will be minimized for most 
applicants and can be balanced against the greater availability of CGP 
coverage to applicants.
    (V) Some commenters have stated that the ESA certification 
requirements violate the Paperwork Reduction Act (PRA). EPA has 
modified its Information Collection Request (ICR) to account for 
changes in the paperwork burden imposed by the certification 
requirements and has followed all other procedures to ensure that the 
PRA requirements are met. Therefore, EPA has issued the CGP in full 
compliance with the PRA. EPA will be analyzing future NOIs to adjust 
certification burden estimates appropriately in the renewal of this 
revised ICR.

Protection of Historic Properties

    EPA received numerous comments concerning implementation of 
National Historic Preservation Act (NHPA) requirements in the CGP. To 
avoid any confusion or inconsistencies that may result after further 
discussions between EPA and the Advisory Council on Historic 
Preservation under the NHPA, this permit does not include eligibility 
restrictions or evaluation requirements related to historic 
preservation. EPA may modify the permit at a later date based on those 
discussions. In that modification action, EPA would respond to NHPA-
related comments submitted when EPA proposed today's permit to the 
extent such comments remain relevant.

Notice of Intent and Notice of Termination Requirements

Notice of Intent (NOI)
    Several of the comments received regarding proposed revisions to 
the Notice of Intent (NOI) form requested clarification and questioned 
the need for some of the information being requested. It is important 
to note that the revised NOI form is still undergoing development and 
may not be issued in its final form by the time the final CGP is 
published. Until the revised NOI form is finalized and published in the 
Federal Register, applicants must use the existing NOI form which does 
not contain the specific certification provisions relating to listed 
species, critical habitat or historic properties at construction 
projects. However, use of the existing NOI form does not relieve 
applicants of their obligation to follow the procedures listed below to 
determine if their construction storm water discharges or storm water 
discharge-related activities meet permit eligibility requirements for 
the protection of historic properties.

[[Page 7884]]

    One commenter opposed the requirement for a separate NOI from the 
``owner/developer'' and the ``operator'' stating that the terminology 
is not consistent with Part III.E, Responsibilities of Operators, of 
the proposed permit and that a single NOI from the owner or operator is 
sufficient. In response to this comment, when applying the two criteria 
found in the definition of ``operator'' (i.e., the party that has 
control over construction plans and specifications, and the party with 
control over implementing SWPPP or other permit conditions), two or 
more entities may be required to submit NOI forms for permit coverage. 
At a typical construction project, the owner will usually meet the 
first criterion while the site's general contractor will meet the 
second, thus requiring that both entities submit a NOI. Where the owner 
is also the project's general contractor, only one NOI form may need to 
be submitted. Since EPA believes the terminology used in Parts III.E.1 
and III.E.2 of the proposed permit to be consistent with the definition 
of ``operator,'' no changes were made in the final permit.
    Two commenters favored the use of county information on the NOI 
form. Another recommended that the submission of latitude and longitude 
data for a site be optional since other legal descriptions are more 
readily available. In response, EPA has found that latitude and 
longitude are universally used to describe location on maps and are 
compatible with Geographic Information Systems (GIS). The use of 
latitude and longitude will also allow EPA to interface with State GIS 
systems, thus enhancing EPA's ability to deal with projects on a 
watershed basis. The NOI form instructions provide an Internet address 
which provides latitude and longitude information as well as a toll 
free phone number to obtain U.S. Geological Survey quadrangle maps. 
Consequently, requests for county and latitude/longitude information 
will remain on the NOI form.
    Two commenters were concerned with the question regarding 
compliance of the Storm Water Pollution Prevention Plan (SWPPP) with 
applicable local sediment and erosion plans. One stated that a 
certification cannot be given by the general contractor who did not 
design the post-construction controls or the owner who has delegated 
the authority for the construction controls to the general contractor. 
The commenter suggested rewording Part II.B.1.h of the proposed permit. 
Upon further consideration, EPA found this question to be unnecessary 
and has deleted it from the NOI form.
    One commenter recommended changing the term pollution prevention 
plan to storm water pollution prevention plan. EPA made this change to 
the NOI form.
    One commenter believes it is sufficient that the SWPPP be completed 
prior to commencing construction activity and not before the NOI form 
is submitted. EPA has deleted the question regarding implementation of 
the SWPPP. However, before the NOI form can be submitted, the SWPPP 
must be completed to ensure that appropriate controls to meet ESA and 
NHPA certification requirements, if needed, are included to avoid or 
mitigate adverse effects to listed endangered or threatened species, 
critical habitat or historic properties. Since applicants do not have 
to submit their NOI's until 48 hours prior to the commencement of 
construction, this is not a significant period of time and should have 
no effect on construction activities.
    One commenter recommended deleting the question regarding estimate 
of the likelihood of discharges or clarifying its purpose. In response, 
EPA believes that it is important to request such information because 
it requires applicants to consider the expected frequency of discharges 
from a site and anticipate the need for inspections and maintenance of 
storm water controls. In response to another comment that requested 
this question be deleted because the environmental risk between 
infrequent arid discharges and more common temperate discharges has not 
been established, EPA will not use responses to this question as an 
absolute measure of risk but only an indication of risk at that site.
    One commenter requested that EPA expand the requirements of the NOI 
to provide better accountability to the public and government agencies 
and improved oversight of a project. The commenter noted that the Urban 
Wet Weather Flows Federal Advisory Committee (UWWFFAC) agreed upon an 
``expanded NOI'' for industrial activities and agreed on this idea for 
construction activities as well. However, consensus on what the 
``expanded NOI'' should consist of for construction activities was not 
reached. In addition, the commenter suggested the following items 
(which should be included in the SWPPP and known at the time of 
submittal of the NOI) be added to the form: a brief description of the 
project; the overall size of the project in addition to the number of 
acres that will be disturbed; if there are any permanent water bodies 
including wetlands on or near the site; how close the disturbed areas 
will be to the water body or wetland; predominant soil type (soil 
conservation service soil series, hydrological soil group and erosion 
factors); maximum slope in disturbed areas; a check-off section for 
identification of principal Best Management Practices to be used on-
site; number of phases for the project (if 10 acres or above); number 
of acres per phase (if 10 acres or above) or for the whole project (for 
projects less than 10 acres; the schedule of construction activities; 
and for each phase the estimated time and number of acres that will be 
exposed to precipitation after removal of vegetative cover and before 
final stabilization. In response, since these additional questions were 
not proposed for public comment, will increase the regulated 
community's administrative and cost burdens associated with completing 
the form, and are subject to prior U.S. Office of Management and Budget 
review and approval, EPA is not including them on the NOI form at this 
time. EPA is, however, proceeding with an expanded revision to the NOI 
form for industrial storm water dischargers applying for coverage under 
EPA's Multi-Sector General Permit.
    One commenter suggested that it would be more efficient to 
administer NOIs at the EPA Regional level and asked if this data can be 
accessed or used by the public or permit holders. EPA has found that 
having a central location for processing NOIs has been an efficient and 
effective method of managing the tremendous amount of data which the 
program has generated since its inception in 1992, and sees no reason 
to change at this time. Members of the public can request information 
contained in the NOI database by sending a signed letter to the US EPA 
(4203), Storm Water NOI Center, 401 M. Street, SW, Washington, D.C. 
20460.
    To streamline and clarify the NOI, EPA intends to make other 
changes to the proposed form. These changes are contingent upon EPA 
receiving approval from the US Office of Management and Budget. The 
terms located underneath the EPA logo on the form have been revised to 
state that: (1) Submission of the NOI constitutes notice that the 
eligibility requirements in Part I.B. of the general permit, including 
those related to protection of endangered species and critical habitat, 
are met; (2) the applicant understands that continued authorization to 
discharge is contingent on maintaining permit eligibility; and (3) 
implementation of the SWPPP will begin at the time the permittee begins 
work on the construction project. These clarifications were made to 
emphasize

[[Page 7885]]

the need to meet requirements pertaining to endangered or threatened 
species and critical habitat.
    EPA has made information regarding the location for viewing site 
SWPPPs and contact information optional. EPA encourages applicants to 
provide this information to improve public access to view SWPPPs. Upon 
request, EPA intends to assist members of the public in obtaining 
access to permitting information, including SWPPPs.
    For clarification, EPA has reworded the question regarding listed 
endangered or threatened species or designated critical habitat in the 
project area of this site. EPA has changed the proposed certification 
statement to be the same as that contained in Box 1 of the current NOI 
form. The proposed certification statement had included information 
regarding the Endangered Species Act and National Historic Preservation 
Act. This information has been moved to a different section of the form 
to appear as two separate questions where applicants can check under 
which provision of the permit they satisfy eligibility requirements 
with regard to protection of endangered or threatened species or their 
critical habitat. Applicants will not be required at this time to 
identify which provision of the permit they are certifying eligibility 
under for the protection of historic properties. The Agency intends on 
modifying the permit (if necessary) after completion of the 
Programmatic Agreement between EPA and the Advisory Council on Historic 
Preservation in order to provide the certification language.
    EPA deleted the following questions because they were determined to 
be unnecessary: (1) ``Will construction (land disturbing activities) be 
conducted for storm water controls?''; and (2) ``Is application subject 
to a written historic preservation agreement?''
    EPA requested comments on alternative time frames for NOI 
submittals. One option required a 30-day advance time frame in which to 
submit a NOI. The Agency received several comments encouraging EPA to 
adopt the 30-day time frame because it would provide the developer with 
a permit number at the commencement of construction. All other 
operators could then apply for coverage 48 hours before beginning work 
at the project. This would provide a consistent tracking mechanism for 
each project since the project name and contractors may change during 
the course of a project. It would also allow EPA sufficient time to 
verify that permittees are eligible for coverage under the ESA 
provisions. Another commenter suggested that the 30-day period would 
allow citizens more time to find out about a project, assess the storm 
water management plans, and discuss their concerns with the permittee 
if necessary. In this way, prior notice could actually reduce disputes 
and controversy. Under the 48 hour requirement contained in the BCGP, 
an NOI would probably not be received by EPA until construction had 
already started.
    However, most commenters stated that the present requirement of 
filing a NOI 48 hours prior to the commencement of construction 
activities should remain in effect. They felt extending the deadline to 
30 days would hinder construction efforts, bring about unnecessary 
delays, disrupt construction schedules, and place unnecessary 
additional burdens on permittees. One commenter from Alaska stated the 
Alaska construction season is short and in some cases a 30-day advance 
filing period would delay a project for an entire year. Another 
commenter stated any extension of the two day notification time frame 
would only serve to slow residential construction activities and add 
interests costs to the activities of small businesses and home buyers. 
The commenter also felt that requiring the 30-day advance notice on 
small, routine construction projects would force project teams and 
construction crews to be mobilized for at least one additional month, 
without much environmental benefit and at additional expense.
    After considering all comments related to the 30-day NOI submission 
requirement, EPA has retained the permit requirement to submit an NOI 
at least 48 hours prior to the start of construction activities.
    Many commenters expressed concern about having to submit up to 
three NOI forms for ongoing construction projects in order to maintain 
permit coverage. For instance, an initial NOI was required 48 hours 
prior to the commencement of construction activities under the BCGP. 
Then, a second NOI was required at least 48 hours prior to the permit's 
expiration date to continue coverage for ongoing projects. Finally, a 
third NOI must be submitted for the project if it was not completed 
prior to the effective date of the reissued general permit.
    A number of applicants stated the process should be simplified. 
They noted that EPA should issue a blanket extension to cover all 
projects which continue after the expiration of the BCGP, and 
permittees should be allowed to submit an abbreviated form to receive 
continued permit coverage. One commenter suggested that permittees send 
in post cards requesting extended coverage under the expired permit, 
and file a new NOI when the permit is reissued. The post card would be 
a pre-printed form by EPA where the permittee fills in the blanks.
    In response to the comments concerning the need to submit multiple 
NOIs in order to maintain permit coverage, EPA has simplified the 
process for dischargers covered by the permit prior to expiration. If 
EPA does not reissue this permit prior to expiration, EPA will presume 
that covered permittees seek continuing coverage unless and until EPA 
receives a Notice of Termination (NOT) (see Part VI.B, Continuation of 
the Expired General Permit). Commenters expressed serious concern about 
having to submit multiple NOIs based on the lapse between expiration of 
the previous permit and issuance of this permit. In order to maintain 
continuing authorization under the expired permit, permittees were 
required to reapply prior to expiration. Then, upon issuance of this 
permit, an additional ``new'' NOI for authorization under this permit 
is required. To avoid this double NOI submission near the time of 
permit expiration and reissuance, EPA would have needed to modify the 
earlier CGP prior to expiration to remove the requirement for 
resubmission of an NOI prior to expiration. As a result, EPA is making 
those changes in today's permit. For more information, see the section 
below titled ``Continued Coverage Under the Permit if it Expires Prior 
to Reissuance or Replacement.''
    One utility group estimated that in Texas alone a total of 24,400 
``requests for service'' were received in 1996 where the requestor of 
service was impacting five (5) or more acres of land. If the proposed 
general permit were in effect, the utility group would have to submit 
48,000 NOIs/NOTs to EPA at an additional annual cost as high as $75 to 
$100 million in order to comply with this general permit. The utility 
group stated that EPA's proposal encourages, if not requires, a 
fragmented approach to control over storm water pollution prevention 
activities. In response, EPA has re-evaluated the status of utility 
company service line installations and has found that these activities 
generally do not meet the definition of operator, thus do not require 
permit coverage. The final permit has been revised to eliminate the 
need for utility companies to submit NOIs for permit area-wide 
coverage.
    One commenter stated there is a provision in the regulations that 
allows for a general permit to be issued without the submittal of a 
NOI. The commenter

[[Page 7886]]

urged EPA to consider the adoption of a general permit program that 
eliminates the need to submit a NOI, particularly in areas where State 
or local governments already have sediment and erosion control or storm 
water management requirements in place. In response to this suggestion, 
40 CFR 122.28(b)(2)(v) excludes this option for entities seeking 
coverage under the general permits for discharges of storm water 
associated with industrial activity (which includes construction 
activity). Consequently, the requirement that operators seeking permit 
coverage submit a NOI will remain in the permit.
NOT (Notice of Termination)
    The Agency received comments supporting the idea that permittees 
must submit a Notice of Termination (NOT) within 30 days after 
completion of their construction activities and final stabilization of 
their portion of the site. The commenters stated that it would improve 
permittees accountability. No change has been made to the permit.
    Several commenters recommended that special provisions should be 
added to the Notice of Termination for projects which occur on 
agricultural lands. For projects such as an underground pipeline 
crossing agricultural land, the commenters argued that the conditions 
for meeting ``final stabilization'' should be modified. EPA agrees that 
in such a case where agriculture is final land use, the provisions of 
the NOT pertaining to final stabilization may not be appropriate. The 
definition of final stabilization in the final permit has been modified 
to include a provision which includes land that has been returned to 
its previous agricultural use.
    The NOT requirements of the final permit have been modified to be 
consistent with the existing NOT form. However, the conditions under 
which the NOT can be submitted have been clarified to address concerns 
raised by commenters. The current NOT form expires on August 31, 1998. 
EPA is in the process of renewing the form before that date. For more 
information, refer to the responses to comments on residential 
construction, final stabilization, and the definition of operator.

Storm Water Pollution Prevention Plan Requirements

Deadlines for Compliance With the New SWPPP Requirements
    Several commenters requested additional time to come into 
compliance with the new requirements of the SWPPP. EPA agrees that 
additional time may be necessary to review the requirements of the new 
permit and achieve compliance with these requirements. Accordingly, 
Part II.A.5 of the final permit was modified to provide 90 days to come 
into compliance with the new SWPPP requirements (rather than 30 days as 
proposed in the draft permit) for permittees with ongoing projects 
which are currently operating under the previous Baseline Construction 
General Permit (BCGP).
    The final permit also provides (Part II.A.6) for permittees 
submitting NOIs for new projects during the 90 day period following the 
effective date of the permit. These permittees will also be provided 90 
days after the effective date of the new permit to achieve compliance 
with the new SWPPP requirements provided that they have developed and 
are ready to implement a SWPPP based on the BCGP requirements at the 
time of NOI submittal. This provision rewards conscientious operators 
who made the effort to control their discharges and comply with the 
BCGP provisions even though the final version of the CGP was not 
legally available at the time they began construction. Requiring 
compliance with an ``interim'' SWPPP based on the BCGP for the first 90 
days ensures a level of environmental protection during the time that 
the permittee is updating their plan to comply with the final CGP 
conditions.
    Compliance with such an interim SWPPP represents limitations based 
on BAT because, as EPA explained when it issued the previous BCGP, in 
developing technology-based standards applicable to storm water permits 
for construction activity the time required to develop and implement a 
SWPPP is a necessary consideration in determining whether a requirement 
is economically and/or technologically achievable. Development and 
implementation of SWPPPs require time. To develop the SWPPP required by 
the CGP, EPA believes 90 days from the effective date of the permit 
represents a reasonable estimate of what is economically and 
technologically achievable. To implement such a SWPPP, EPA believes 
that 90 days from the effective date of the permit is economically and 
technologically achievable. In the interim period until development and 
implementation of the SWPPP required by today's permit, EPA believes 
that compliance with an interim SWPPP is economically and 
technologically achievable.
    Operators who do not have an interim SWPPP at least as stringent as 
would have been required under the BCGP must prepare their SWPPP based 
on the final CGP prior to submitting an NOI. Given the short term of 
some construction projects, this procedure ensures that the Agency does 
not provide a loophole under which a permittee could receive 
authorization to discharge for 90 days without having to implement any 
storm water controls whatsoever.
Retention Ponds
    Several comments were received regarding the section of the permit 
describing the use of Structural Practices (Part IV.D.2.a.(3)). The 
proposed permit describes the structural practice required for common 
drainage locations that serve an area with 10 or more acres disturbed 
at one time: * * * ``a temporary (or permanent) sediment basin 
providing 3,600 cubic feet of storage per acre drained, or equivalent 
control measures, shall be provided where attainable until final 
stabilization of the site.'' One commenter referred to this section of 
the proposal as a ``new'' requirement. The requirement has in fact been 
in place since the 1992 general permit. Several commenters suggested 
that the permit allow that the volume requirements be adjusted in 
consideration of differences in meteorologic conditions and the runoff 
coefficient. The proposed retention requirements were based on 
containment of a 2-year, 24 hour storm which was assumed to be three 
inches, and also the assumption that the runoff coefficient would be 
0.33. After consideration of these comments, EPA has modified the 
language in this section to read ``A temporary (or permanent) sediment 
basin that provides storage for the volume of runoff calculated using 
the local 2-year, 24 hour storm and runoff coefficient from each 
disturbed acre drained, or equivalent control measures, shall be 
provided where attainable until final stabilization of the site. Where 
no such calculation has been performed, a temporary (or permanent) 
sediment basin providing 3,600 cubic feet of storage per acre drained, 
or equivalent control measures, shall be provided where attainable 
until final stabilization of the site.'' Comments were also received on 
the inappropriateness of such a requirement for linear construction 
projects. In response, the requirement only applies to sites where 10 
acres of disturbance share a common drainage location. This scenario is 
unlikely on a linear construction site, where runoff is typically 
served by several drainage locations. However, if it does occur, the 
permit requirements would apply.

[[Page 7887]]

Sod Stabilization
    A few commenters noted that sod stabilization was listed as an 
erosion control method, but was not listed as a final stabilization 
method. In section III.A.1.d of the draft fact sheet, EPA lists sod 
stabilization as a stabilization practice for sediment and erosion 
control. Sod stabilization is again listed in Part IV.D.2.a.(2) of the 
draft permit, with other stabilization practices in the sentence: 
``Stabilization practices may include: temporary seeding, permanent 
seeding, mulching, geotextiles, sod stabilization, vegetative buffer 
strips, protection of trees, preservation of mature vegetation, and 
other appropriate measures.'' The permit also notes that this list is 
intended to include interim and permanent stabilization measures. As 
such, EPA believes that sod stabilization was adequately indicated as a 
final stabilization option in the proposed permit.
Off-Site Vehicle Tracking of Sediments
    Part IV.D.2.(c) of the draft permit required that off-site vehicle 
tracking of sediments be minimized. A commenter noted that the draft 
fact sheet had suggested that wash racks be provided to reduce off-site 
tracking of sediments from construction sites. The commenter was 
unclear whether or not this was considered a requirement of the permit. 
The commenter contended that wash racks may increase pollutant 
discharges in some circumstances and that wash racks should be 
optional. Other commenters noted that the time of arrival of delivery 
trucks varies, and concern was expressed that costs could be increased 
if the permit were to require power washing of trucks at all times of 
the day. Also, since there may be insufficient space for placement of 
stabilized construction entrances in some cases, it was suggested that 
shoveling of dirt from the street should be an acceptable alternative.
    The draft fact sheet noted that there are a number of BMPs which 
may be implemented to comply with Part IV.D.2.c.(2) including gravel 
exits, wash racks or stations, and street sweeping. EPA's guidance 
manual entitled ``Storm Water Management for Construction Activities, 
Developing Pollution Prevention Plans and Best Management Practices,'' 
EPA 832-R-92-005, also mentions the scheduling of deliveries at a time 
when personnel are available for cleanup (if needed) as another BMP to 
be considered.
    However, the draft permit did not specify the precise BMPs to be 
implemented to comply with Part IV.D.2.c.(2), nor did the permit 
necessarily require all possible BMPs in every circumstance. Wash 
racks, for example, would be one of several control measures to be 
considered by permittees, but not necessarily required. EPA believes 
that the draft permit language provides the necessary flexibility to 
allow operators to select the most appropriate BMPs depending on 
individual conditions. As such, the proposed Part IV.D.2.c.(2) in the 
draft permit was retained in the final permit.
    Another commenter approved of the requirement to remove off-site 
sediments, but also recommended that the permit should require removal 
within a specified time frame such as within 30 days. In addition, this 
commenter recommended that the permit should require sediment removal 
from streams, wetlands and other waters of the United States rather 
than just off-site areas.
    With regard to the issue of the time frame for removal of off-site 
sediments, the draft permit had required that removal be conducted at a 
frequency necessary to minimize impacts. The final permit retains this 
requirement in consideration of the variety of construction projects 
which would be covered by the permit and the need for adequate 
flexibility.
    With regard to the issue of sediment removal from streams and 
wetlands, we would point out that the purpose of the NPDES permit 
program is to control discharges of pollutants before they enter waters 
of the United States. The permit regulates discharges resulting from 
activities of permittees prior to outfalls discharging to waters of the 
United States to the extent necessary to ensure compliance with water 
quality standards in the receiving waters (including any requirements 
pertaining to sediment accumulations) and technology-based effluent 
limitations. As such, the final permit does not include the commenter's 
recommendation to include requirements for sediment removal in the 
receiving waters. Removal of sediments from the receiving waters would 
be addressed outside the realm of NPDES permit requirements such as 
through enforcement action against a permittee for noncompliance with 
the permit.
Avoiding Impervious Surfaces for Stabilization
    A commenter objected to the statement in Part IV.D.2.a.(2) of the 
draft permit which reads: ``Use of impervious surfaces for 
stabilization should be avoided.'' The commenter appears to be 
interpreting the statement as a prohibition or near prohibition of the 
use of impervious surfaces for stabilization. The following was 
suggested as an alternative: ``Pervious surfaces for stabilization are 
preferable to impervious surfaces when the application is appropriate 
for the use.''
    The statement discouraging the use of impervious surfaces is 
included in the draft permit in consideration of the fact that 
impervious surfaces will increase runoff and may increase erosion and 
pollutant discharges. However, the statement does not prohibit the use 
of impervious surfaces for stabilization and EPA believes that the 
existing language does not need further clarification in this regard. 
As such, EPA has retained the proposed language in the final permit.
Flexibility in Choosing Controls
    Some comments were received requesting more flexible permit 
conditions. In particular, one commenter stated that the permit 
requirements for erosion controls (e.g. sediment basins) and 
performance standards may not be appropriate to all sites throughout 
the nation. EPA's permit requirements for erosion control are intended 
to be flexible enough to allow the permittee to design site specific 
controls which are appropriate given the site topography, climate, and 
geographic location. The parts of a storm water pollution prevention 
plan (SWPPP) that require stabilization practices, structural 
practices, and storm water management all include the statement: ``Such 
practices may include * * *'' These parts of the SWPPP list some 
potential controls that should be considered by the permittee when 
designing a comprehensive plan to minimize erosion and sedimentation. 
The permit language for sediment basins serving common drainage 
locations with 10 or more acres of disturbed area, also includes the 
words ``or equivalent control measures, shall be provided * * *'' This 
language allows the permittee the flexibility to design and install 
appropriate site specific controls.
    With regard to use of flexibility when choosing appropriate storm 
water controls for a construction project, comments were received 
concerning factors to consider such as public safety and proximity to 
airports. Commenters stated that storm water controls should be 
designed to reduce safety risks, especially to children. Also, 
structures which maintain a continuous habitat for wildlife, such as 
storm water retention ponds, should not be constructed within 10,000 
feet of a public-use airport serving turbine powered aircraft or within 
5,000 feet of a public-use airport serving piston powered aircraft due 
to

[[Page 7888]]

the potential hazards to aviation caused by birds. EPA agrees with both 
comments and has included language in the Part IV.B of the Fact Sheet 
to address them.
Implementation Schedules
    Other commenters raised issue with Part IV.D.2.a.(2) of the 
proposed permit, which requires a record in the storm water pollution 
prevention plan (SWPPP) of the dates for implementation of 
stabilization practices for erosion control. Several commenters 
interpreted this as a requirement to predict in advance the specific 
dates when the stabilization practices would be implemented. The 
commenters argued that since the pace of a construction project cannot 
be known with certainty, it would not be possible to make such 
predictions. Concern was also expressed regarding Part IV.D.2 of the 
draft permit which requires that the SWPPP include the ``timing'' for 
the control measures which would accompany the construction project. 
Although the general timing may be reasonably predictable, the precise 
timing can not predicted.
    With regard to Part IV.D.2.a.(2) of the draft permit, it is not 
EPA's intent that the dates for the implementation of the stabilization 
practices be included in the SWPPP which is prepared at the time a 
construction project begins. Rather, permittees would maintain and 
update a record of such dates when the dates for implementation are 
known. The record would be attached to the SWPPP. The final permit has 
been modified to clarify this matter.
    The intent of Part IV.D.2 of the draft permit is to ensure an 
appropriate sequence of construction activities and accompanying BMPs 
to minimize erosion. It is not EPA's intent that the exact timing of 
the control measures be predicted in advance. For clarity, the final 
permit replaces the word ``timing'' with ``general timing'' as was 
suggested in the comments. The permit also provides an example of the 
type of sequencing of construction activities and BMPs which is 
intended by this permit requirement.
Local Requirements
    Part IV D.2.c.(3) of the proposed permit includes the requirement 
to ensure and demonstrate compliance with applicable state, tribal and/
or local waste disposal, sanitary sewer or septic system regulations to 
the extent that applicable requirements exist within the permitted 
area. One commenter requested that this language be deleted. The 
comment stated that these regulations apply regardless of the storm 
water permit. EPA agrees with this, however, EPA also believes that an 
explicit statement of one's responsibility to comply with state, 
tribal, and local regulations eliminates any doubt as to their 
applicability to a project. It is not EPA's intent to require 
permittees to reproduce pre-existing state, tribal, or local plans for 
the sole purpose of including them as part of the project SWPPP. Plans 
affecting the permitted activity, construction, may be referenced in 
the SWPPP. The location of the other plans/policies, etc., should also 
be clearly stated in the SWPPP. The provision for demonstration of 
compliance with state, tribal and/or local regulations remains in the 
permit.
    Another commenter raised concerns over what they saw as overlapping 
and conflicting requirements between the proposed permit and existing 
State, Tribal, and local requirements in general. In response, EPA 
draws their attention to Part IV.D.2.d. of the proposed permit, which 
states that the permittee shall provide certification in their storm 
water pollution prevention plans that reflect appropriate State, Tribal 
and local regulations. Nothing in the permit is intended to relieve the 
permittee of his obligations to comply with appropriate State, Tribal, 
or local requirements. In a situation where there are similar 
requirements under different programs, a permittee should comply with 
the more stringent of the requirements. Permittees may also use 
existing plans or local approvals as part of their pollution prevention 
plans when such use is appropriate.
Signature, Plan Review and Making Plans Available
    Several comments objected to the requirement that permittees 
provide public access to SWPPPs. Some questioned whether EPA has the 
authority to require permittees to provide such access. Others raised 
liability issues with regard to allowing the general public to enter 
construction sites. The proposed requirement was intended to provide 
the public with information concerning the project and the SWPPP. EPA 
does not intend to allow the public uncontrolled and unlimited access 
to construction sites or to cause hazards or disruptions at 
constructions sites. In response to the comments, Part II.C.2 has been 
deleted (62 FR 29809 ) and Part IV.B.2 has been rewritten. The changed 
language requires site operators to conspicuously post a notice near 
the main entrance of the site. For linear construction projects (e.g., 
pipelines or highways) the notice must be placed in a publicly 
accessible location near where construction is actively underway and 
moved as necessary. If it is infeasible for the operator to post the 
notice at the main entrance of the site, the notice shall be posted in 
a local public building such as the town hall or the public library. 
The notice shall include the following information: the project's NPDES 
permit number; the local contact name and phone number; a description 
of the project; and location of the SWPPP if it isn't maintained on 
site. The permit does not require that the general public have access 
to the site, nor does it require that operators provide copies of the 
plan, or to mail copies of the plan, to members of the public. EPA 
strongly encourages permittees to provide the public with access to 
SWPPPs during reasonable hours. Upon request, EPA intends to assist 
members of the public in obtaining access to permitting information, 
including SWPPPs. EPA believes that this approach will create a balance 
between the public's need for involvement in projects potentially 
impacting water bodies and the operator's need for safe and unimpeded 
work conditions.
Site Inspections
    The June 2, 1997 proposed permit required site inspections to be 
conducted once every fourteen calendar days. Several comments expressed 
positive feedback that the proposed permit decreased the frequency for 
inspections from once per seven calendar days, the requirement of the 
baseline general permit promulgated in 1992, to the fourteen day period 
now required. However, the feeling was that this was still too 
burdensome. The purpose of an inspection at construction sites/projects 
is to ensure that the pollution control measures described in a 
project's pollution prevention plan are operating in the manner which 
is described in the plan. The high level of activity which typically 
occurs at construction sites can increase the potential for control 
measures to be displaced or disrupted. Given the unpredictability of 
the weather, EPA believes that inspections at the proposed frequency 
will provide assurance that when a storm event occurs, control measures 
will be operating properly. An inspection frequency less than that 
which was proposed is not adequate to verify proper and continued 
operation of control measures. Therefore, the inspection frequency 
remains as proposed.
    Another commenter raised issue with the frequency of inspections, 
in that too many would cause damage to restored areas of linear 
projects, such as pipeline

[[Page 7889]]

construction. They stated that alternative inspection schedules would 
be more appropriate for these types of projects. In reply, EPA 
reiterates that the purpose of inspections is to make sure that the 
storm water pollution prevention controls and measures are operating 
properly. When construction activities are occurring along various 
locations of the project, such as a pipeline, inspections should be 
conducted to ensure that control measures in that area are operating 
properly. EPA would also point out that Part IV.D.4 of the permit 
provides that inspections are only required once every 30 days for 
areas which are finally or temporarily stabilized. EPA concludes 
therefore, that no alternative inspection schedule should be included 
in the final permit for such projects.
    One commenter expressed concern regarding inspections at airports 
and how they could be accomplished in compliance with FAA regulations, 
particularly with regard to aspects of safety and security. In 
response, EPA notes that the inspection provisions of the permit 
pertain to the operator of a construction project inspecting his storm 
water management systems and control measures. All EPA inspectors will 
produce official credentials upon request to satisfy security concerns, 
and will be able to accommodate reasonable safety procedures consistent 
with the purpose of verifying permit compliance. EPA does not believe 
that additional requirements need to be added to the permit.
    Several comments were received on the difficulty in predicting 
storm events and the requirement for qualified personnel to inspect 
areas specified on the site ``* * * before anticipated storm events (or 
series of storm events such as intermittent showers over a period of 
days) expected to cause a significant amount of runoff * * *'' Part 
IV.D.4. After consideration of these comments, EPA has modified this 
section to read ``Qualified personnel (provided by the permittee or 
cooperatively by multiple permittees) shall inspect disturbed areas of 
the construction site that have not been finally stabilized, areas used 
for storage of materials that are exposed to precipitation, structural 
control measures, and locations where vehicles enter or exit the site 
at least once every 14 calendar days and within 24 hours of the end of 
a storm event of 0.5 inches or greater.'' The Agency will, however, 
retain the language in Part IV.D.3, which reads ``* * * maintenance 
shall be performed before the next anticipated storm event, or as 
necessary to maintain the continues effectiveness of storm water 
controls.'' EPA also recommends that permittees perform a ``walk 
through'' inspection of the construction site before anticipated storm 
events (or series of storm events such as intermittent showers over a 
period of days) expected to cause a significant amount of runoff . The 
Agency believes this modification will relieve regulatory burden, while 
continuing to place sufficient emphasis on the importance pre-storm 
preparedness.
    Another commenter supported the proposed requirement for 
inspections prior to anticipated storms. However, as noted above, this 
provision was removed from the final permit due to concerns regarding 
the predictability of the weather.
Contractor/Subcontractor Certification of the Storm Water Pollution 
Prevention Plan
    Site operators indicated that they often had difficulty in getting 
contractors and subcontractors to sign the subcontractor certifications 
in the previous permit and repeated in the proposed permit. This was a 
problem for them since the permittee, and not the subcontractor, would 
be liable for violating the permit if these subcontractor 
certifications were not signed. Many also felt the certifications were 
unnecessary since the quality of the storm water and compliance with 
permit conditions was ultimately the permittee's responsibility anyway.
    EPA has addressed the commenters'' concern by eliminating the 
requirement for contractor/subcontractor certification of the pollution 
prevention plan. EPA also points out that the permittee is responsible 
for compliance with the terms and conditions of the permit, and that 
coordination with subcontractors will be necessary to ensure 
compliance.

Special Conditions, Management Practices, and Other Non-numeric 
Limitations

Releases in Excess of Reportable Quantities
    One commenter requested more specific references to information 
regarding releases of reportable quantities (RQ) of hazardous 
substances or oil, and the National Response Center (NRC). All 
necessary information related to RQ releases and the NRC are contained 
in the permit, and in 40 CFR Parts 110, 117 and 302. The National Oil 
and Hazardous Substances Pollution Contingency Plan (also known as the 
National Contingency Plan (NCP)), found at 40 CFR 300, provides 
additional information about the organizational structure and 
procedures for preparing for and responding to discharges of oil and 
releases of hazardous substances, pollutants, and contaminants. In 
addition to the NCP, Regional Contingency Plans (RCP) exist for every 
Region, and Area Contingency Plans (ACP) may also exist. EPA Regional 
offices should be contacted directly for copies of available materials. 
Additional information is available via the Internet at the following 
web sites for the U.S. National Response Team (NRT) and the NRC: 
www.nrt.org and www.dot.gov/dotinfo/uscg/hq/nrc.
    Another comment was received requesting clarification on which 
party is responsible for reporting an RQ release where more than one 
operator (e.g. owner and contractor) has received coverage for the same 
project. The commenter questioned whether both permittees need to 
report an RQ release. Only one permittee for a project needs to report 
an RQ release. The permittee with the most direct authority over the 
spill should make the report. Generally, this will be the permittee 
with day to day operational control of the construction project (e.g. 
the general contractor).
    A further comment requested a permit requirement that permittees 
report any RQ releases to the operator of the municipal separate storm 
sewer system in addition to the National Response Center (NRC). The NRC 
was created under the National Contingency Plan (NCP) and is charged 
with receiving reports of all chemical, radiological, oil and 
biological releases regulated by the Clean Water Act. The NRC 
immediately relays reports to the appropriate State and Federal on-
scene coordinators. Depending on the type of release, severity, 
location and receiving system (soil, air or water), additional local 
contacts may be notified (e.g., city fire departments or hazardous 
material teams). EPA believes that this notification process is 
efficient and effective. Individual municipalities should contact their 
State or local response departments to request that they be provided 
information when RQ releases occur to their storm sewer systems.

Standard Permit Conditions

Requiring an Individual Permit
    Some commenters recommended that the construction general permit 
not cover all construction activities and that some activities should 
be publicly noticed prior to ground-breaking. These commenters were 
concerned that some construction activities may warrant individual 
permits.

[[Page 7890]]

    According to Part VI.L of the proposed permit, ``The Director may 
require any person authorized by this permit to apply for and/or obtain 
either an individual NPDES permit or an alternative NPDES general 
permit. Any interested person may petition the Director to take action 
under this paragraph * * * '' However, it is a local land use decision 
on whether to allow a proposed development project. It is only after 
the decision to develop has been locally approved and the developer is 
ready to break ground would the operator(s) need to apply for a permit. 
Even then, EPA's authority is limited to placing conditions on the 
discharge of pollutants from the site. The requirement for a permit is 
therefore not triggered until long after the local land use decision 
has been made. The Agency encourages interested parties to participate 
in local public participation opportunities afforded by local land use 
authorities.
    The draft fact sheet had noted in section IV.C that in some 
situations EPA may require dischargers authorized under the general 
permit to apply for an individual permit, and that the general permit 
would continue to apply until the individual permit becomes effective. 
A commenter argued that if the general permit is inappropriate for a 
particular project, construction should cease until the individual 
permit becomes effective. The commenter also objected to the provision 
allowing an unspecified amount of time to submit the individual 
application.
    NPDES regulations at 40 CFR 122.28(b)(3)(iv) provide that when an 
individual permit is required for a facility covered by a general 
permit, the applicability of the general permit terminates upon the 
effective date of the individual permit. Since the commenter's 
recommendation is inconsistent with the regulations in this regard, the 
requested modification was not incorporated into the final permit. The 
reason for these procedures is to provide the opportunity for public 
comment on proposals to require individual permits which EPA believes 
is important in making sound environmental decisions.
    With regards to the issue of a deadline for submittal of individual 
applications, we would again point out the NPDES regulations at 40 CFR 
122.28(b)(3)(ii) do not specify such a deadline. A deadline was not 
included in the final permit due to the wide variety of projects which 
the general permit would cover, and uncertainties and variations in the 
amount of time which may be necessary to provide the necessary 
information. Any request by the director for an individual permit 
application will specify the deadline for submittal.
Penalties for Non-Compliance
    Some commenters argued that the civil and criminal penalties listed 
in the permit are excessive for residential construction contractors 
and seemed to be more geared toward large project industrial 
construction activities. The penalties referenced in the permit are 
simply the statutory maximums for violations of NPDES permits as 
established by Congress and required to be included as a standard 
condition in all NPDES permits (see 40 CFR 122.41(a), as revised). 
Actual penalties assessed for permit violations in administrative 
enforcement actions take into account factors such as the economic 
benefit of avoiding permit compliance, gravity of the violation, and 
the compliance history of the permittee.
Continued Coverage Under the Permit if it Expires Prior to Reissuance 
or Replacement
    Many parties were frustrated by the seeming unnecessary duplication 
of effort involved in submission of NOIs, especially because the 
previous CGP expired prior to reissuance. Permittees were frustrated 
over having to submit one NOI during the term of the permit (48 hours 
before construction), a second NOI to be covered by the expired but 
administratively continued permit (prior to expiration), and a third 
NOI to obtain coverage under the new permit once issued. To reduce the 
paperwork and administrative burden, the Agency has reevaluated the 
notification (reapplication) procedures for effective functioning of 
general permitting consistent with applicable provisions of the 
Administrative Procedure Act (APA), 5 U.S.C. 558(c).
    Under the APA, if a permittee makes a timely and sufficient 
application for a renewal or a new permit (in accordance with agency 
rules), a permit for an activity of a continuing nature does not expire 
until the application has been finally determined by the agency. 
Enactment of the APA preceded the development of general or area wide 
permits to authorize a variety of similar sources. General permits are 
developed and issued prior to ``application'' for coverage from 
individual dischargers. The functional equivalent to an application for 
coverage under a general permit is the Notice of Intent (NOI). 
Therefore, EPA general permits have provided for continuing 
authorization to discharge under an expiring general permit by 
requiring resubmission of an NOI prior to expiration. The resubmission 
of the NOI indicated to the Agency that the discharger sought to renew 
its permit authorization. By operation of law, the authorization to 
discharge would continue until EPA ``finally determined'' the renewal 
application, for example, through affirmative Agency action to make a 
new general permit available or to require submission of an individual 
permit application. In reissuing a general permit, however, the Agency 
may revise permit requirements. Thus, the Agency required 
reapplication--submission of a new NOI--for dischargers who elect to 
abide by the terms of that new permit. If the new general permit 
differed from the previous general permit in important ways, a 
discharger may elect instead to apply for a individual permit.
    For today's general permit, EPA has revised the notification 
(reapplication) procedures that would apply if the Agency fails to 
reissue a new general permit prior to expiration of this one. 
Permittees will no longer be required to file an NOI prior to 
expiration in order to maintain continuing authorization. Instead, EPA 
will presume that a permittee who does not file a Notice of Termination 
(NOT) or an individual permit application seeks continuing 
authorization to discharge under the expiring permit and intends to 
abide by the terms of the expiring permit until EPA reissues the permit 
(or makes an alternative general permit available). EPA believes this 
procedure is warranted under today's general permit because: (1) The 
permit requires submission of a NOT to terminate permit coverage; (2) 
construction activity (prior to final stabilization of land surfaces) 
lasts for a fixed interval that may extend beyond expiration of the 
permit; (3) EPA recognizes that circumstances beyond the control of the 
permittee may result in its failure to obtain ``new'' permit coverage 
prior to expiration of this general permit; and (4) the NOI 
requirements from today's general permit may differ from the general 
permit that would replace it. EPA notes that general permits for storm 
water discharges associated with construction activity differ from most 
all other EPA general permits because only construction general permits 
require NOTs. Given the finite and limited duration of construction 
activity which may straddle expiration of the general permit, combined 
with the requirement for submission of a NOT, EPA believes this 
procedure provides permittees with permit authorization with reduced 
paperwork burdens.
    The revised notification/reapplication procedures are as follows. 
First, if the permit is reissued or replaced before the

[[Page 7891]]

expiration date, permittees will need to comply with whatever 
conditions are in the new permit for transitioning from this permit 
(usually submission of a new NOI). Second, if the permit is not 
reissued or replaced until after the permit expires, the permit will 
``continue'' in force and effect for those permittees who have 
submitted an initial NOI but have not yet submitted an NOT or 
individual permit application. A permittee will remain subject to 
permit requirements until submission of an NOT. Such permittees remain 
automatically covered under the expired general permit (and do not need 
to resubmit an NOI to EPA prior to expiration) until the earliest of: 
(1) Permit reissuance or replacement; (2) submission of a NOT; (3) 
issuance of an individual permit for the activity; or (4) the Director 
issues a formal permit decision not to reissue the permit, at which 
time permittees must seek coverage under an alternative permit.

Definitions

``Operator''--the Party or Parties That Need To Apply for Permit 
Coverage
    Several commenters requested clarification of the definition of 
``operator.'' Others felt that including the definition in the permit 
was an illegal attempt to make a new regulatory definition without 
going through the formal rulemaking process. The definition of 
``operator'' is critical, since it is the operator of a discharge of 
storm water associated with construction activity that is required to 
obtain coverage under an NPDES permit. See 40 CFR 122.26(c)(1)(ii). The 
Agency agrees some clarification is appropriate as to how the term 
``operator'' is applied to construction sites. The interpretation of 
``operator'' as it applies to discharges of storm water associated with 
construction activity is consistent with the statutory and regulatory 
requirements for permitting of dischargers and does not expand the 
requirements of permits to anyone who is not already legally required 
to obtain permits in accordance with the Clean Water Act and existing 
regulations.
    The definition of storm water associated with industrial activity 
was promulgated November 16, 1990 [55 FR 47990] and is found at 40 CFR 
122.26(b)(14). Category (x) of the definition of storm water associated 
with industrial activity is ``construction activity including clearing, 
grading, and excavation activities except: Operations that result in 
the disturbance of less than five acres of total land area which are 
not part of a larger common plan of development or sale.'' In 
accordance with 40 CFR 122.21(b), ``when a facility or activity is 
owned by one person but is operated by another person, it is the 
operator's duty to obtain a permit.'' Since the applicability of the 
``operator'' is important to understanding a party's responsibilities 
under the permit, EPA believes it is critical to inform permittees of 
the Agency's interpretation of how the regulatory definitions of 
``owner or operator'' and ``facility or activity'' apply to discharges 
of storm water associated with construction activity. The definition in 
the permit is not a formal regulatory definition in and of itself.
    In the context of discharges of storm water associated with 
construction activity, EPA interprets ``operator'' to mean any party 
associated with a construction project that meets either of the 
following two criteria: (1) The party has operational control over 
construction plans and specifications, including the ability to make 
modifications to those plans and specifications; or (2) the party has 
day-to-day operational control of those activities at a project which 
are necessary to ensure compliance with a storm water pollution 
prevention plan for the site or other permit conditions (e.g., they are 
authorized to direct workers at a site to carry out activities required 
by the storm water pollution prevention plan or comply with other 
permit conditions). Further, an operator shall be considered to have 
operational control over all their subcontractors.
    EPA wants to make it clear that it does not intend to include under 
the definition of ``operator'' individuals who hire a general 
contractor to construct a home for their personal use (e.g., not those 
to be sold for profit or used as rental property). EPA believes that 
the general contractor, being a professional in the building industry, 
should be the entity rather than the individual who is better equipped 
to meet the requirements of both applying for permit coverage and 
developing and properly implementing a SWPPP. However, individuals 
would meet the definition of ``operator'' in instances where they 
performed the general contracting duties for construction of their 
personal residences.

Crosscutting Issues and Comments Not Directly Related to a Specific 
Permit Condition

Authority To Regulate Storm Water Discharges Associated With 
Construction Activity
    Several commenters questioned EPA's legal authority to require 
permits for discharges of storm water associated with construction 
activity. Some of these commenters noted that EPA only has the 
authority to regulate the discharge of pollutants.
    First, EPA would like to point out that while the proposed permit 
referred to ``discharges,'' 40 CFR 122.2 defines ``discharge'' to mean 
``discharge of pollutants.'' The final permit has been modified in 
several places to more clearly reflect that it is the discharge of 
pollutants that is authorized and regulated by the permit. The 
regulatory definition of ``discharge'' has also been added to the 
permit.
    Second, Clean Water Act section 301(a) states ``except in 
compliance with this section and sections 302, 306, 307, 318, 402, and 
404 of this Act, the discharge of any pollutant by any person shall be 
unlawful.'' Section 402(a)(1) authorizes the Administrator to issue 
permits for the discharge of pollutants. Section 402(p)(2) specifically 
requires permits for the discharge of storm water associated with 
industrial activity. The definition of ``storm water associated with 
industrial activity'' was promulgated November 16, 1990 (55 FR 47990) 
and is found at 40 CFR 122.26(b)(14). Category (x) of the definition is 
``construction activity including clearing, grading, and excavation 
activities except operations that result in the disturbance of less 
than five acres of total land area which are not part of a larger 
common plan of development or sale.'' Therefore, EPA is within its 
statutory and regulatory authority to require NPDES permits for anyone 
with operational control over a discharge of pollutants in storm water 
associated with construction activity.
Public Comment and Public Hearings
    Several comments were received stating that EPA did not provide 
enough time for public comment, and should extend the public comment 
period to allow for more public input to the permit. In response, EPA 
notes that it has an obligation under 40 CFR 124.10 to give public 
notice that a draft permit has been prepared. These regulations require 
EPA to allow at least 30 days for public comment. EPA went beyond these 
requirements by allowing 60 days for public comment, due to the level 
of interest in this permit action. The Agency believes that 60 days was 
an ample amount of time for all interested parties to submit comments. 
In order to issue final permit by the time the existing general permit 
expires, or soon thereafter, EPA kept a restrictive schedule and could 
not extend the public comment period beyond the specified date of 
August 1, 1997.

[[Page 7892]]

    One commenter requested a hearing in Austin, Texas to address 
issues related to that area of the State. EPA has an obligation under 
40 CFR 124.12 to hold public hearings upon finding, on the basis of 
requests, that a significant public interest exists in a draft permit; 
or at the Director's discretion for instance, whenever such a hearing 
might clarify issues involved in the permit decision. Many EPA Regions 
scheduled public hearings in anticipation of significant public 
interest. A public hearing was held in Dallas, Texas, and public 
meetings were held in Houston and Dallas, Texas, and Albuquerque, New 
Mexico. The Agency believes that the public hearing and meetings in 
Texas provided ample opportunity for comment on issues related to all 
areas of Texas. EPA further notes that today's final permit does not 
include construction projects located in the State of Texas. These 
projects will be covered under a separate general permit which is 
currently under development.

Appropriateness of the Permit for Ensuring Protection of Environmental 
Resources

    Several commenters recommended that various requirements of the 
permit should be strengthened to provide increased protection of 
environmental resources. Others commenters were unclear regarding 
certain requirements and requested clarification. Following below is a 
discussion of the issues and the Agency's responses:
Performance Standards for Post-Construction Storm Water Management
    A commenter objected to the lack of more specific criteria in the 
permit related to post-construction storm water management. For 
example, it was recommended that post-construction pollutant loadings 
not exceed 120% of pre-construction loadings. Other recommendations 
included a requirement for 80% removal of total suspended solids or 
that post-development peak discharge flows not exceed pre-development 
peak flows. It was noted that such requirements already exist in some 
states. Another recommendation was for in-stream turbidity limits (or 
removal of fines less than 0.85 mm to the greatest extent possible).
    These types of permit requirements were also considered when the 
Baseline Construction General Permit was originally issued in 1992. 
However, such conditions were not included in that permit to ensure 
that adequate flexibility was provided considering the large number of 
States and the variety of geographic areas covered by the permit. EPA 
continues to believe that adequate flexibility needs to be provided and 
has not included the types of conditions recommended by the commenter. 
With regards to the proposed turbidity limits, Part III.D of the permit 
requires compliance with State water quality standards which should 
ensure protection of receiving waters.
    The commenter also recommended that Part IV.D.2.b.(2) of the draft 
permit be revised to require velocity dissipation devices at outfalls 
which genuinely provide non-erosive discharge velocities rather than 
devices which are ineffective and merely installed for this purpose. 
EPA agrees that the commenter's recommendation would strengthen and 
improve the clarity of the permit. The final permit was revised to 
require velocity dissipation devices which actually provide non-erosive 
discharge velocities rather than merely installing devices designed for 
that purpose but are ineffective.
Retaining Sediment and Implementing Permit Requirements to the Maximum 
Extent Practicable
    A commenter noted that Part IV.D.2.a.(1)(a) of the draft permit had 
included as a goal the retention of sediment on-site to the maximum 
extent practicable. The commenter recommended that the permit should 
require that all components of the SWPPP to be implemented to the 
maximum extent practicable level. The commenter also argued that the 
objective of retaining sediment on-site is too weak. More specifics 
should be provided such as retention of sediment via site planning, 
phasing and other control measures.
    EPA disagrees that the term ``maximum extent practicable'' is 
necessarily appropriate in conjunction with all other components of the 
SWPPP. The term was included in Part IV.D.2.a.(1)(a) of the draft 
permit to provide guidance regarding the overall goal of retention of 
sediments on the construction site. EPA believes that the existing 
language elsewhere in the permit appropriately describes the level of 
effort which is expected for other SWPPP components. EPA is also 
concerned that the use of the term ``maximum extent practicable'' in 
Part IV.D.2.a.(1)(a) of the construction permit may result in confusion 
since this is the technology-based level of control required by the 
Clean Water Act for pollutants discharged in storm water from municipal 
separate storm sewer systems. To avoid potential confusion, the final 
construction storm water permit uses the term ``extent practicable'' in 
Part IV.D.2.a.(1)(a).
    EPA also disagrees that specific control measures need to be 
included in Part IV.D.2.a.(1)(a) of the permit. The purpose of this 
section of the permit is only to set forth the overall objectives for 
sediment and erosion control. The permit also includes more specific 
control measures which are found elsewhere in the permit.
Excluding Coverage Based on Water Quality Concerns of Local Officials
    Part I.B.3.d of the draft general permit excludes from coverage 
discharges which the Director (EPA) determines will cause, or have the 
reasonable potential to cause excursions above water quality standards. 
A commenter recommended that the permit be modified to provide that 
this determination could also be made by local officials who might be 
more familiar with the discharges than EPA.
    EPA believes that the concerns of the commenter can be adequately 
accommodated by the permit. In situations where a local official 
believes coverage under the general permit is inappropriate, the 
official may petition EPA to require an individual permit application. 
As such, the recommendation of the commenter was not included in the 
final permit.
Legal Action for Late NOIs
    Part II.A.5 of the draft permit (Part II.A.4 of the final permit) 
notes that the Agency may take enforcement action for unpermitted 
activities for dischargers who submit late NOIs. A commenter 
recommended that this section mention that such actions may also be 
initiated by other parties such as States or private citizens.
    While it is true that legal actions may be initiated by interested 
parties such as private citizens for unpermitted activities, EPA does 
not believe that this needs to be pointed out in the permit. As such, 
the final permit was not modified to include this recommendation.
Protection of Habitat for Species in the Receiving Waters
    A commenter expressed concern regarding the potential of 
construction projects to alter existing flow characteristics of the 
receiving waters and degrade the habitat of aquatic species such as 
fish in the process. The commenter argued that such degradation is not 
allowed by antidegradation policy and should not be allowed by the 
permit.

[[Page 7893]]

    In response to this concern, Part III.D of the draft general permit 
requires compliance with water quality standards. Also, an 
antidegradation policy consistent with 40 CFR 131.12 is required to be 
part of water quality standards. As such, the permit requires that any 
degradation of receiving waters caused by the discharges must be 
consistent with antidegradation requirements. Further, Part I.B.3.d of 
the general permit excludes from coverage discharges from construction 
sites with a reasonable potential to cause or contribute to violations 
of water quality standards. Coverage under an individual permit, or an 
alternate general permit would be required for discharges not 
authorized by the general permit in question here. The individual 
permit or alternate general permit could include specific requirements 
to address the concerns of the commenter regarding the implications of 
the discharge from a particular project for the receiving waters. EPA 
believes that these procedures and requirements appropriately address 
the concerns of the commenter and has not included additional 
conditions in response to the comment.
    The commenter also recommended that the general permit application 
(i.e., the NOI form) should be modified to require the submittal of 
certain additional information and analyses for projects with the 
potential to degrade habitat as discussed above. EPA believes, however, 
for ease of use and the cost of information collection, the information 
requirements of the NOI form should be kept to a minimum and that the 
commenter's concern is best addressed through individual, or alternate 
general permitting. As such, the NOI form was not modified in response 
to this comment.
Site Data Requirements for the SWPPP
    A commenter recommended that Part IV.D.1.d of the draft permit be 
modified to require certain additional site data for the SWPPP. The 
draft permit had only required existing soil data, which the commenter 
believed was inadequate because existing data may not be available in 
some cases. In addition, the commenter recommended that the permit 
require slope information and a comparison of pre-development and post-
development runoff coefficients.
    In response to the first comment, EPA has deleted the word 
``existing'' from the final permit in relation to the soil data. Soil 
data will already exist for the vast majority of construction projects 
and lack of existing data will rarely be a problem. However, EPA agrees 
that soil data are important in developing an appropriate SWPPP and 
that if existing data are not available, the permittee must obtain 
sufficient data to develop an appropriate SWPPP by other means.
    With regards to slope information at the construction site, EPA 
believes that the draft permit already requires adequate descriptive 
information. The final permit, though, does require an estimate of the 
pre-construction and post-construction runoff coefficients as 
recommended by the commenter. This information will help in assessing 
the potential hydrological impacts of a particular project.
Maintenance of Structural Storm Water Controls
    A commenter expressed concern that the permit does not require 
maintenance for structural controls which may be included in a new 
development for storm water pollution control after the development has 
been completed. Another commenter recommended that the permit at least 
urge permittees to consider long term maintenance of the controls.
    EPA believes that permittees operating under the general 
construction permit should not be responsible for the longer term 
maintenance of structural BMPs. The permit is intended to apply to 
discharges described at 40 CFR 122.26(b)(14)(x) which applies to 
discharges from construction activity only. However, the final fact 
sheet was modified to include in the discussion of structural controls 
a recommendation that permittees consider longer term maintenance in 
the selection of their controls. The permit itself also notes that 
discharges from the structural controls may be subject to other 
municipal or industrial storm water permits which could address the 
maintenance of the controls. EPA strongly recommends that arrangements 
be made for the long-term maintenance of BMPs to control storm water 
discharges.
Contouring and Sensitive Area Protection
    A commenter recommended that more discussion be included in the 
fact sheet concerning contouring (matching a development to the lay of 
the land) and sensitive area protection. More discussion of these 
issues in the fact sheet would increase awareness among developers of 
these issues and their importance. EPA agrees that a discussion of 
these issues would be beneficial and has included such a discussion in 
the final fact sheet.
Phasing Activities at Construction Sites
    A commenter contended that phasing of construction activities for a 
given project is a particularly important BMP which should be required 
by the permit (at least for sites greater than 10 acres in size) and 
discussed in more detail in the fact sheet to emphasize its importance.
    While EPA agrees with the commenter on the importance of phasing, 
the Agency disagrees that it should necessarily be required for all 
projects. The general permit applies to a wide variety of projects in 
many different geographic locations, and specific requirements for 
phasing may not be appropriate or provide adequate flexibility in some 
cases. However, as recommended by the commenter, additional discussion 
of phasing was added to the final fact sheet. When individual SWPPPs 
are evaluated pursuant to Part IV.B of the permit, phasing could be 
required as appropriate for individual construction projects.
Requirements for Minimum Control Measures
    A commenter recommended that the permit should include certain 
minimum requirements for controls. For example, in developing SWPPPs 
permittees should be required to select some minimum number of controls 
from a menu which would be provided.
    EPA has provided a menu of potential control measures from which 
permittees may select appropriate controls for their projects. These 
controls (which are not necessarily an exhaustive list) are found in 
Parts IV.D.2 and 3 of the permit and are also elaborated on in the fact 
sheet. However, EPA disagrees that the permit should require some 
minimum number of controls for each project. As mentioned earlier, 
adequate flexibility must be provided given the wide variety of 
projects and geographic areas which are covered by the general permit. 
SWPPPs must nevertheless include an adequate number of BMPs to comply 
with the requirements of the permit.
Controls for Construction Debris and Chemicals
    A commenter noted that Part IV.D.2.a(1)(e) of the draft permit 
requires control measures for litter, construction debris and chemicals 
at a site, but then suggests screening as a potential method for 
control. The commenter argued that screening would be inappropriate as 
a control measure for construction chemicals and that other measures 
should be required. In addition, the commenter recommended continuous 
litter removal rather than daily removal as suggested.

[[Page 7894]]

    Part IV.D.2.a(1)(e) suggests control measures for these types of 
pollutants but does not indicate that the suggestions are the only 
measures which should be considered. In addition, Part IV.D.2.c of the 
permit requires a narrative description of practices to reduce 
pollutants from construction related materials. As such, EPA believes 
that the permit addresses the concerns of the commenter. Further, the 
suggestion in Part IV.D.2.a(1)(e) for daily pick-up of litter and 
debris is only a suggestion; if more frequent pick-up is needed for 
adequate control of pollutants, then it should be included in the 
SWPPP.
    Another commenter objected to the requirement in Part IV.D.2.c for 
an inventory of construction materials noting that the materials may 
not be known at the time the initial SWPPP is prepared. EPA believes 
that this is a valid concern, and the final permit was modified to 
require a description of construction materials expected to be stored 
on-site with updates to the description as appropriate.
Inspection of Inaccessible Discharge Locations
    A commenter objected to the provision in Part IV.D.4.a of the draft 
permit which only requires inspections of discharge locations which are 
accessible. If a discharge location is inaccessible, the commenter 
recommended that the nearest possible downstream location be inspected.
    The provision exempting inspections of inaccessible discharge 
locations was included in the permit to ensure the safety of 
construction site personnel. However, in response to the commenter's 
concern, the final permit includes a requirement for downstream 
inspections to assess the impacts of the discharges to the extent that 
such inspections are practicable.
Miscellaneous Issues
    Several miscellaneous comments were also received which relate to 
the issue of the level of environmental protection provided by the 
permit. For example, a commenter supported a strong enforcement program 
to accompany the permit and EPA would agree that enforcement is a 
critical element of the program which we are also implementing to the 
maximum extent which the Agency's resources allow. A commenter also 
supported Part IV.D.2 of the draft permit which requires that the SWPPP 
identify the permittees which are responsible for implementation of 
each control measure. In addition, this commenter supported the 
requirement in Part IV.D.4.b of the permit which requires revisions of 
SWPPPs within 7 days if an inspection indicates that the revisions are 
necessary. EPA agrees with the commenter on these issues and has 
retained the requirements in the final permit.
    A commenter noted a discrepancy between Part IV.D.2.a.(3) of the 
draft permit and the corresponding discussion in section IV.G.5.b.(iii) 
of the draft fact sheet. Part IV.D.2.a.(3) of the permit requires 
controls to the degree attainable, while the fact sheet states and that 
controls are required to the degree economically attainable. The 
commenter objected to the inclusion of economic considerations. The 
commenter also recommended that ``degree attainable'' should be 
replaced by ``greatest degree attainable.'' For consistency and in 
response to this comment, EPA has revised the final fact sheet by 
replacing the term ``degree economically attainable'' with ``degree 
attainable.'' However, EPA believes the words ``degree attainable'' are 
suitable for describing the level of effort which is required and has 
not included the word ``greatest'' as recommended by the commenter.
    This commenter also noted another apparent inconsistency between 
the draft fact sheet (section IV.G.5.b.(iii) and Part IV.D.2.a.(3)(a) 
of the draft permit). For drainage locations which serve 10 or more 
acres for which a sediment basin (providing 3,600 cubic feet per acre 
drained) is not available, the fact sheet indicates that at a minimum 
silt fences or the equivalent are required. The permit, however, 
indicates that silt fences, vegetative buffer strips or the equivalent 
are required. The commenter argued that silt fences are often 
ineffective and should not be cited as some sort of standard. In 
addition, the commenter recommended that any alternative to a sediment 
basin should genuinely be the equivalent of a sediment basin.
    For consistency between the final fact sheet and permit, EPA has 
modified the final fact sheet to include vegetative buffer strips as 
well as silt fences. Reference to vegetative buffer strips was 
inadvertently omitted from the draft fact sheet. However, the permit 
does not require that the alternate controls necessarily be the 
equivalent of sediment basins since this may not be attainable. We 
would point out that the permit does require that smaller basins be 
used to extent that this is possible.
    A commenter also recommended that structural controls should not be 
placed in wetlands. In response, EPA would note that the placement of 
structures in wetlands and other waters of the United States is 
regulated under section 404 of the CWA, rather than the NPDES permit 
program. However, the fact sheet does recommend that such controls be 
placed on upland soils to the degree attainable.
    A commenter also recommended that emergency plans for erosion 
protection should be required in SWPPPs when especially heavy rainfall 
is predicted. EPA, however, believes that the various elements of the 
permit which address erosion protection already require an appropriate 
level of overall preparation for the storms which may occur in a given 
area. Therefore, special requirements for especially heavy rain (when 
predicted) were not included in the final permit.
    A commenter recommended that for clarity, the definition of point 
source in Part IX of the draft permit should be modified to include 
swales as a type of discharge conveyance. In response to this comment, 
EPA would note that the definition of point source which is used in the 
permit was obtained from NPDES regulations at 40 CFR 122.2 and the 
Clean Water Act itself in section 502. EPA is not at liberty to modify 
such fundamental definitions of the NPDES permit program within the 
context of the issuance of a general permit. Moreover, EPA believes 
that the existing definition, and previous EPA guidance on this matter 
(see for example the discussion in the preamble to the storm water 
application regulations at 55 FR 47996) are sufficient to clearly 
indicate that swales could be considered point sources.
    This commenter also recommended that Part VI.O (Inspection and 
Entry) of the draft permit be modified to allow entry by any local 
government official, not just those with responsibility for an MS4. In 
response to this issue, EPA would point out that Part VI.O originates 
from NPDES regulations at 40 CFR 122.41(i) which sets forth conditions 
which must included in all NPDES permits. The wording of the condition 
has been modified slightly to accommodate the storm water permit (i.e., 
the MS4 operator would be acting as an authorized representative of the 
Director) while retaining the intent of the regulations. However, EPA 
has not modified the condition in accordance with the recommendation of 
the commenter since ``any local government official'' would not 
necessarily be considered a representative of the Director.
Municipal Role
    Several comments and questions were received pertaining to the role 
of municipalities in implementing the requirements of the construction 
general

[[Page 7895]]

permit (CGP). In particular, questions were raised regarding municipal 
responsibilities to inform dischargers of the new permit and its 
requirements, and also whether municipalities would be responsible for 
checking off-site storage areas and spill reporting. A commenter also 
recommended permitting of municipal separate storm sewer systems (MS4s) 
on a watershed basis to provide better coordination among the various 
MS4 programs for construction sites within a watershed. Additional 
recommendations which were received included: (1) NOIs should not be 
required in MS4s serving a population of 100,000 or more where the 
equivalent of a storm water pollution prevention plan is already 
required by municipal ordinances; (2) construction should be exempt 
from permitting if the municipality requires 100% containment of post-
development runoff; and (3) overall permitting should be simplified, 
and a municipality might serve as a suitable location where a builder 
could get all required local, State and Federal permits.
    With regard to the questions concerning municipal responsibilities 
for construction projects, the operator of the construction project is 
primarily responsible for compliance with general permit requirements 
such as NOI submittal and spill reporting. However, MS4 operators may 
also have a role depending on the requirements of their MS4 permit. 
NPDES regulations at 40 CFR 122.26(d)(2)(iv)(D) require that MS4 
operators develop a program for controlling pollutants in construction 
site runoff entering the MS4, including activities such as site 
inspections and educational activities. As such, MS4 operators may be 
required to implement the types of activities contemplated by the 
commenters. However, the specific requirements would be determined by 
the MS4 permits rather than the construction general permit. Therefore, 
no changes were made to the permit language regarding MS4 
responsibilities.
    With regard to the issue of watershed permitting, NPDES regulations 
already provide the necessary authority for such permitting. The 
definitions of the terms large MS4 and medium MS4 include any MS4s 
within a watershed which need to be permitted because of factors such 
as storm sewer interconnections within a watershed (40 CFR 122.26(b)(4) 
and (7)). EPA has also supported watershed permitting in a previous 
document entitled the Watershed Approach Framework (June 1996). In 
addition, the Urban Wet Weather Flows Federal Advisory Committee, which 
EPA convened in May 1995, has prepared a draft guidance document 
specifically for wet weather flows which also encourages permitting on 
watershed basis.
    EPA also considered the three other recommendations related to the 
municipal role in the regulation of construction site runoff. EPA is 
considering how to deal with qualifying local programs in Phase II of 
the Agency's storm water permitting program. A few permitting 
authorities (e.g., the State of Michigan) have developed programs in 
which most of the requirements consist of local requirements which are 
referenced by their permits. However, for the States in which the 
general permit was proposed, EPA does not have the necessary 
information at this time to determine whether such an arrangement would 
be appropriate. If the commenter wishes to explore this matter further, 
alternate general permits be pursued in particular States or 
municipalities.
    In response to the second recommendation, the CGP is intended to 
regulate construction site runoff during construction rather than after 
final stabilization is achieved. As such, containment of post-
construction runoff is irrelevant to the question of whether a 
construction storm water permit is needed.
    With regard to the third recommendation, EPA concurs that 
regulatory agencies should try to simplify permitting whenever 
possible. Many counties have already developed programs whereby 
information and forms can be obtained at a single location. The Urban 
Wet Weather Flows Advisory Committee is also attempting to find 
practical ways of streamlining the storm water program. However, it is 
not possible to completely accommodate the recommendation since there 
are also certain legal constraints which must be observed concerning 
which agency must actually issue required permits. No changes to the 
permit were made in response to this issue.
Clarification of the Permit Language
    Several commenters felt that it would be difficult for the average 
permittee to follow the terms of the SWPPP and the permit.
    The proposed permit was structured after the 1992 permit (with 
modifications reflecting new concerns and laws), so there is five years 
of industry experience in implementing the general terms of the permit. 
The ease or difficulty of following an SWPPP is dependent on the 
complexity of the permittee's self-generated plan. However, EPA has 
revised various portions of the permit, including those related to 
permittee roles and responsibilities and the SWPPP to improve 
readability and clarity.
Cost Concerns
    Many members of the regulated community (particularly the building 
industry and utility companies) were concerned with the costs of 
controlling the quality of storm water discharged from construction 
sites, and for certifying permit eligibility pursuant to the Endangered 
Species Act (ESA) and National Historic Preservation Act (NHPA). 
Residential builders were concerned with the impact permit compliance 
would have on new home prices. Others commented that EPA failed to 
recognize the additive nature of the costs of storm water sediment and 
erosion controls and storm water management measures, and the economic 
impact they have on small businesses. Permit compliance was quoted to 
add from $1,000 to over $1,850 to each home's price. A utility company 
estimated that their compliance cost would be approximately $1,000 per 
lot, which would need to be passed on to the developers.
    EPA recognizes that an investment must be made to ensure erosion 
and sediment runoff are minimized at construction sites. As explained 
in the ESA section of this Summary of Response to Comments and Addendum 
A of the permit, the Agency included evaluation conditions and 
eligibility restrictions in the permit based on requirements imposed on 
the EPA under other Federal laws, specifically evaluation and 
consultation requirements related to the protection of endangered 
species. As discussed previously, EPA may modify the permit to reflect 
historic preservation concerns. Enough flexibility exists in the permit 
so that a permittee can design and implement a storm water pollution 
prevention plan in an efficient and cost effective manner which will 
meet the goals of the NPDES program and the Clean Water Act, as well as 
the eligibility restrictions derived from Agency consultations with 
other federal agencies pursuant to other federal laws. EPA has also 
significantly reduced the burden on utility company service line 
installations by limiting the situations when these activities would 
require permit coverage. EPA believes that the majority of these 
activities can be classified as subcontractor-type work which can be 
more efficiently covered under a site operator's previously prepared 
SWPPP.
    EPA believes that in most cases there is not an onerous burden 
caused by

[[Page 7896]]

cumulative expenditures for storm water controls. Many best management 
practices are single-installation only and are nominal compared with 
the overall site-development costs. In addition, some measures such as 
sod stabilization, pond construction and tree protection add value to 
the development. While storm water control costs incurred by builders 
and developers may be passed onto consumers, the consequences of not 
providing storm water controls is the degradation of streams, lakes and 
wetlands for purposes such as recreation, fishing and sources of 
drinking water. This not only upsets an area's ecology and aesthetics, 
but also ultimately devalues the area and makes it less attractive to 
investors.
    The per-lot cost figures cited by developers for permit compliance 
were not substantiated or correlated to a lot or development size. 
Assuming the storm water expenditures were accurate, EPA questions 
whether they would actually be prohibitive for builders or home 
purchasers. For instance, in the western United States the median new-
home price for the first three quarters of 1997 was $159,500 according 
to information from the U.S. Census Bureau as supplied by the National 
Association of Homebuilders. The minimum-sized development triggering 
NPDES permitting, five acres, might realistically be divided into ten 
half-acre plots, making the development worth nearly $1.6 million. A 
$1000 surcharge assessed to a homeowner represents a 0.63% expenditure 
while $1,850 represents 1.16% expenditure. According to the Economic 
Analysis of the Proposed Storm Water Phase II Rule, a 5-acre site would 
require soil and erosion controls costing $6,382 (mean cost in 1997 
dollars) and $885 in costs related to NOI submission and SWPPP 
generation/implementation. The combined total of $7,267 represents only 
0.45% of the value of the development to the builder.
    Several trade groups, utility companies, and individuals commented 
that the cumulative cost of permit compliance was high enough that 
constituted a ``significant regulatory action'' and should trigger 
review of the permit by the Office of Management and Budget (OMB) under 
Executive Order 12866. Commenters felt the goal of clean water could be 
attained with easier, less costly requirements and that more attention 
should be paid to a cost-benefit analysis.
    According to Executive Order 12866, agencies must determine if a 
regulatory action is ``significant'' and consequently subject to the 
requirements of the Executive Order. Section 3(e) of the Executive 
Order defines ``regulatory action'' to mean ``any substantive action by 
an agency (normally published in the Federal Register) that promulgates 
or is expected to lead to the promulgation of a final rule or 
regulation, including notices of inquiry, advance notices of proposed 
rulemaking, and notices of proposed rulemaking.'' As explained in 
response to comments regarding the Regulatory Flexibility Act, EPA 
believes that today's general permit is not a ``rule.'' Also noted in 
that discussion, however, EPA's conclusions on this issue have not been 
consistent over time. Notwithstanding any historical inconsistency on 
the legal identity of a general permit, OMB has waived review of 
general permits under Executive Order 12866 (and its predecessor, 
Executive Order 12291). OMB has reviewed some of the requirements under 
the general permit under its information collection review and approval 
role under the Paperwork Reduction Act.
    Notwithstanding EPA's determination that the permits were not 
subject to formal OMB review, the Agency did evaluate the associated 
cost impacts. The major costs incurred by permittees are for sediment 
and erosion controls and for storm water management controls. Typical 
costs for these control measures are contained in the proposed permit 
(62 FR 29802-29803) where it is evident that they are nominal in 
relation to the costs associated with construction projects of five 
acres or more. It is important to point out that costs for any single 
project will depend on site-specific considerations and the expertise 
of permittees in preparing and implementing storm water pollution 
prevention plans. From some of the comments received it appeared that 
those commenters either did not fully understand the flexibility built 
into the permit for selecting the most cost-effective control measures 
or they simply overlooked opportunities for cost savings.
    For example, one commenter estimated a cost based on the assumption 
that the permit required installation of silt fences on both sides of 
each residential lot, even though: (1) Silt fencing is but one 
acceptable perimeter control among a variety of options available under 
the CGP; (2) perimeter controls between lots may not be necessary when 
adjacent lots are under construction at the same time; and (3) if a 
silt fence is needed between adjacent lots, its cost could reasonably 
be split between the two lots. The commenter should also consider that 
if an adjoining lot was already stabilized, a vegetative buffer strip 
might already be in place for that side and could be considered an 
alternative control measure at no additional cost.
    Another factor to be considered regarding the burden the NPDES 
program imposes is the time and cost savings attainable with a general 
permit. This is particularly relevant for the endangered species 
protection requirements which must be completed before a Notice of 
Intent can be submitted. While surveys and assessments may be necessary 
in order to certify compliance with the ESA-related eligibility 
restrictions, the CGP allows permittees to utilize the investigations 
(and certifications) made by other parties in lieu of performing their 
own for a particular project area. If the only other option available 
is an individually drafted, site-specific NPDES permit, endangered 
species and historic preservation assessments would still need to be 
completed and the permit application would have to be submitted at 
least 90 days prior to commencement of construction per 40 CFR 
122.21(c). Following application completion and Agency review, the EPA 
may need to complete potentially time-consuming consultations on 
endangered species. After completion of such consultations, EPA would 
need to prepare a draft individual permit and make it available for 
public notice and comment. The Agency would need to conduct a public 
hearing if, based on public comments received, there was significant 
public interest. Finally, the Agency would need to respond to public 
comments and make a final determination on issuance of the permit. 
Given the activities listed above and the time associated to complete 
each one, the time and subsequent cost required to issue an individual 
permit for a construction project could be significantly greater than 
that required for obtaining general permit coverage.

IX. Cost Estimates

    The major costs associated with pollution prevention plans for 
construction activities include the costs of sediment and erosion 
controls (see Table 1) and the costs of storm water management measures 
(see Table 2). The CGP provides flexibility in developing controls for 
construction activities. Typically, most construction sites will employ 
a variety of the listed sediment and erosion controls and storm water 
management controls. In general, the larger a site is, the lower the 
per-acre cost of pollution prevention will be.

[[Page 7897]]



              Table 1.--Sediment and Erosion Control Costs              
                                                                        
                                                                        
------------------------------------------------------------------------
Temporary seeding............  $1.00 per square foot                    
Permanent seeding............  1.00 per square foot                     
Mulching.....................  1.25 per square foot                     
Sod stabilization............  4.00 per square foot                     
Vegetative buffer strips.....  1.00 per square foot                     
Protection of trees..........  30.00 to $200.00 per tree set            
Earth dikes..................  5.50 per linear foot                     
Silt fences..................  6.00 per linear foot                     
Drainage swales--grass.......  3.00 per square yard                     
Drainage swales--sod.........  4.00 per square yard                     
Drainage swales--riprap......  45.00 per square yard                    
Drainage swales--asphalt.....  35.00 per square yard                    
Drainage swales--concrete....  65.00 per square yard                    
Check dams--rock.............  100 per dam                              
Check dams--covered straw      50 per dam                               
 bales.                                                                 
Level spreader--earthen......  4.00 per square yard                     
Level spreader--concrete.....  65.00 per square yard                    
Subsurface drain.............  2.25 per linear foot                     
Pipe slope drain.............  5.00 per linear foot                     
Temporary storm drain          variable                                 
 diversion.                                                             
Storm drain inlet protection.  300 per inlet                            
Rock outlet protection.......  45 per square yard                       
Sediment traps...............  500 to $7,000 per trap                   
Temporary sediment basins....  5,000 to $50,000 per basin               
Sump pit.....................  500 to $7,000                            
Entrance stabilization.......  1,500 to $5,000 per entrance             
Entrance wash rack...........  2,000 per rack                           
Temporary waterway crossing..  500 to $1,500                            
Wind breaks..................  2.50 per linear foot                     
------------------------------------------------------------------------
Practices such as sod stabilization and tree protection increase        
  property values and satisfy consumer aesthetic needs.                 
Sources: ``Means Site Work Cost Data,'' 9th edition, 1990, R.S. Means   
  Company. ``Sediment and Erosion Control, An Inventory of Current      
  Practices,'' prepared by Kamber Engineering for U.S. EPA, April 1990. 


Table 2.--Annualized Costs of Several Storm Water Management Options for
                           Construction Sites                           
------------------------------------------------------------------------
                                           Annualized *    Annualized **
------------------------------------------------------------------------
Wet Ponds...............................          $5,872          $9,820
Dry Ponds...............................           3,240           5,907
Dry Ponds with Extended Detention.......           3,110           5,413
Infiltration Trenches...................           4,134          6,359 
------------------------------------------------------------------------
* Cost for 9-acre developed area.                                       
** Cost for 20-acre developed area.                                     
Estimates based on methodology presented in ``Cost of Urban Runoff      
  Quality Controls,'' Wiegand, C., Schueler, T., Chittenden, W., and    
  Jellick, D., Urban Runoff Quality--Impact and Quality Enhancement     
  Technology, Proceedings of an Engineering Foundation Conference, ASCE,
  1986, edited by B. Urbonas and L.A. Roesner.                          
Costs are presented in 1992 dollars. Annualized costs are based on a 10-
  year period and 10% discount rate. Estimates include a contingency    
  cost of 25% of the construction cost and operation and maintenance    
  costs of 5% of the construction cost. Land costs are not included.    

X. Regulatory Review (Executive Order 12866)

    Under Executive Order 12866, (58 FR 51735 [October 4, 1993]) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local or Tribal governments or communities; create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or raise novel legal or policy issues arising out 
of legal mandates, the President's priorities, or the principles set 
forth in the Executive Order. It has been determined that this re-
issued general permit is not a ``significant regulatory action'' under 
the terms of Executive Order 12866. EPA has initiated informal OMB 
review of this general permit, specifically portions involving the 
information collection requirements under the Paperwork Reduction Act, 
and will complete a formal review for the Paperwork Reduction Act in 
the near future.

XI. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under UMRA section 202, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, UMRA section 205 generally requires EPA to identify and 
consider a

[[Page 7898]]

reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of UMRA section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
UMRA section 205 allows EPA to adopt an alternative other than the 
least costly, most cost-effective or least burdensome alternative if 
the Administrator publishes an explanation with the final rule why the 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, it must have developed under UMRA section 203 a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, enabling officials of affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating and advising small governments on 
compliance with the regulatory requirements.

A. UMRA Section 202 and the Construction General Permit

    UMRA section 202 requires a written statement containing certain 
assessments, estimates and analyses prior to the promulgation of 
certain general notices of proposed rulemaking (2 U.S.C. 1532). UMRA 
section 421(10) defines ``rule'' based on the definition of rule in the 
Regulatory Flexibility Act. Section 601 of the Regulatory Flexibility 
Act defines ``rule'' to mean any rule for which an agency publishes a 
general notice of proposed rulemaking pursuant to section 553 of the 
Administrative Procedure Act. EPA does not propose to issue NPDES 
general permits based on APA section 553. Instead, EPA relies on 
publication of general permits in the Federal Register in order to 
provide ``an opportunity for a hearing'' under CWA section 402(a), 33 
U.S.C. section 1342(a). Nonetheless, EPA has evaluated permitting 
alternatives for regulation of storm water discharges associated with 
construction activity. The general permit that EPA proposes to re-issue 
would be virtually the same NPDES general permit for construction that 
many construction operators have used over the past five years. 
Furthermore, general permits provide a more cost and time efficient 
alternative for the regulated community to obtain NPDES permit coverage 
than that provided through individually drafted permits.

B. UMRA Section 203 and the Construction General Permit

    Agencies are required to prepare small government agency plans 
under UMRA section 203 prior to establishing any regulatory requirement 
that might significantly or uniquely affect small governments. 
``Regulatory requirements'' might, for example, include the 
requirements of these NPDES general permits for discharges associated 
with construction activity, especially if a municipality sought 
coverage under one of the general permits. EPA envisions that some 
municipalities--those with municipal separate storm sewer systems 
serving a population over 100,000--may elect to seek coverage under 
these proposed general permits. For many municipalities, however, a 
permit application is not required until August 7, 2001, for a storm 
water discharge associated with construction activity where the 
construction site is owned or operated by a municipality with a 
population of less than 100,000. (See 40 CFR 122.26(e)(1)(ii)&(g)).
    In any event, any such permit requirements would not significantly 
affect small governments because most State laws already provide for 
the control of sedimentation and erosion in a similar manner as today's 
general permit. Permit requirements also would not uniquely affect 
small governments because compliance with the permit's conditions 
affects small governments in the same manner as any other entity 
seeking coverage under the permit. Thus, UMRA section 203 would not 
apply.

XII. Paperwork Reduction Act

    The information collection requirements in this rule will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. On June 2, 
1997, EPA solicited comments on the proposed revision to the current 
Information Collection Request (ICR) document for this permit (ICR 
approved OMB; OMB No. 2040-0086, expiration, August 31, 1998) to 
accommodate the increased information requirements in the new NOI for 
the construction general permit (62 FR 29826). EPA estimates an 
increase in the burden associated with filling out the NOI form for the 
permit due to added requirements under the Endangered Species Act. EPA 
also anticipates a small increase in the time because of the 
requirement to submit an NOT upon completion of construction 
activities.
    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. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The 
permit explains that applicants must use the existing NOI form until 
EPA publishes a Federal Register notice announcing OMB approval of the 
revised NOI form. Applicants must use the revised NOI form after this 
notice is published.

XIII. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., a 
Federal agency must prepare an initial regulatory flexibility analysis 
``for any proposed rule'' for which the agency ``is required by section 
553 of [the Administrative Procedure Act (APA)], or any other law, to 
publish general notice of proposed rulemaking.'' The RFA exempts from 
this requirement any rule that the issuing agency certifies ``will not, 
if promulgated, have a significant economic impact on a substantial 
number of small entities.''
    EPA did not prepare an initial regulatory flexibility analysis 
(IRFA) for the proposed CGP. (Note that in today's action, EPA is 
issuing a separate general permit for each jurisdiction where EPA 
issues permits; i.e., in certain States, Indian Country lands and 
Federal facilities within certain States. However, for purposes of 
readability, reference is made to the permits in the singular form such 
as ``permit'' or ``CGP'' rather than in plural form.) In the notice of 
the proposed permit, EPA explained its view that issuance of an NPDES 
general permit is not subject to rulemaking requirements, including the 
requirement for a general notice of proposed rulemaking, under APA 
section 553 or any other law, and is thus not subject to the RFA 
requirement to prepare an IRFA. Nevertheless, in keeping with EPA's 
policy to consider the impact of its actions on small entities even 
when it is not legally required to do so, the Agency considered the 
potential impact of the permit on small entities that would be eligible 
for coverage under the permit. EPA concluded that the permit, if issued 
as drafted, would not have a significant impact on a substantial number 
of small entities. EPA based its conclusion on the fact that the draft 
permit was largely the same as the current permit and, to the extent it 
differed, provided dischargers with more flexibility than the current 
permit allowed.
    Some commenters on the proposed CGP disagreed with EPA's 
conclusions

[[Page 7899]]

that NPDES general permits are not subject to rulemaking requirements 
and that the proposed permit would not have a significant impact on 
small entities. They asserted that the CGP is subject to rulemaking 
requirements and thus the RFA, and that the Agency should have prepared 
an IRFA for the permit.
    In light of the comments received, EPA further considered whether 
NPDES general permits are subject to rulemaking requirements. The 
Agency reviewed its previous NPDES general permitting actions and 
related statements in the Federal Register or elsewhere. This review 
suggests that the Agency has generally treated NPDES general permits 
effectively as rules, though at times it has given contrary indications 
as to whether these actions are rules or permits. EPA also reviewed 
again the applicable law, including the CWA, relevant CWA case law and 
the APA, as well as the Attorney General's Manual on the APA (1947). On 
the basis of its review, EPA has concluded, as set forth in the 
proposal, that NPDES general permits are permits under the APA and thus 
not subject to APA rulemaking requirements or the RFA.
    The APA defines two broad, mutually exclusive categories of agency 
action--``rules'' and ``orders.'' Its definition of ``rule'' 
encompasses ``an agency statement of general or particular 
applicability and future effect designed to implement, interpret, or 
prescribe law or policy or describing the organization, procedure, or 
practice requirements of an agency * * *'' APA section 551(4). Its 
definition of ``order'' is residual: ``a final disposition * * * of an 
agency in a matter other than rule making but including licensing.'' 
APA section 551(6) (emphasis added). The APA defines ``license'' to 
``include * * * an agency permit * * *'' APA section 551(8). The APA 
thus categorizes a permit as an order, which by the APA's definition is 
not a rule.
    Section 553 of the APA establishes ``rule making'' requirements. 
The APA defines ``rule making'' as ``the agency process for 
formulating, amending, or repealing a rule.'' APA section 551(5). By 
its terms, then, section 553 applies only to ``rules'' and not also to 
``orders,'' which include permits. As the Attorney General's Manual on 
the APA explains, ``the entire Act is based upon a dichotomy between 
rule making and adjudication [the agency process for formulation of an 
order]'' (p. 14).
    The CWA specifies the use of permits for authorizing the discharge 
of pollutants to waters of the United States. Section 301(a) of the CWA 
prohibits discharges of pollutants ``[except as in compliance with'' 
specified sections of the CWA, including section 402. 33 U.S.C. 
1311(a). Section 402 of the CWA authorizes EPA ``to issue a permit for 
the discharge of any pollutant * * *, notwithstanding section [301(a) 
of the CWA].'' 33 U.S.C. 1342(a). Thus, the only circumstances in which 
a discharge of pollution may be authorized is where the Agency has 
issued a permit for the discharge. Courts, recognizing that a permit is 
the necessary condition-precedent to any lawful discharge, specifically 
suggested the use of area-wide and general permits as a mechanism for 
addressing the Agency's need to issue a substantial number of permits. 
See NRDC v. Train, 396 F.Supp. 1393, 1402 (D.D.C. 1975); NRDC v. 
Costle, 568 F.2d 1369, 1381. (D.C. Cir. 1977). Adopting the courts'' 
suggestion, EPA has made increasing use of general permits in its CWA 
regulatory program, particularly for storm water discharges.
    In the Agency's view, the fact that an NPDES general permit may 
apply to a large number of different dischargers does not convert it 
from a permit into a rule. As noted above, the courts which have faced 
the issue of how EPA can permit large numbers of discharges under the 
CWA have suggested use of a general permit, not a rule. Under the APA, 
the two terms are mutually exclusive. Moreover, an NPDES general permit 
retains unique characteristics that distinguish a permit from a rule. 
First, today's NPDES general permit for storm water discharges 
associated with construction activity is effective only with respect to 
those dischargers that choose to be bound by the permit. Thus, unlike 
the typical rule, this NPDES general permit does not impose immediately 
effective obligations of general applicability. A discharger must 
choose to be covered by this general permit and so notify EPA. A 
discharger always retains the option of obtaining its own individual 
permit. Relatedly, the terms of the NPDES general permit are 
enforceable only against dischargers that choose to make use of the 
permit. If a source discharges without authorization of a general or an 
individual permit, the discharger violates section 301 of the Act for 
discharging without a permit, not for violating the terms of an NPDES 
general permit.
    Because the CWA and its case law make clear that NPDES permits are 
the congressionally chosen vehicle for authorizing discharges of 
pollutants to waters of the United States, the APA's rulemaking 
requirements are inapplicable to issuance of such permits, including 
today's general permit. Further, while the CWA requires that NPDES 
permits be issued only after an opportunity for a hearing, it does not 
require publication of a general notice of proposed rulemaking. Thus, 
NPDES permitting is not subject to the requirement to publish a general 
notice of proposed rulemaking under the APA or any other law. 
Accordingly, it is not subject to the RFA.
    At the same time, the Agency recognizes that the question of the 
applicability of the APA, and thus the RFA, to the issuance of a 
general permit is a difficult one, given the fact that a large number 
of dischargers may choose to use the general permit. Indeed, the point 
of issuing a general permit is to provide a speedier means of 
permitting large number of sources and save dischargers and EPA time 
and effort. Since the Agency hopes that many dischargers will make use 
of a general permit and since the CWA requires EPA to provide an 
opportunity for ``a hearing'' prior to issuance of a permit, EPA 
provides the public with notice of a draft general permit and an 
opportunity to comment on it. From public comments, EPA learns how to 
better craft a general permit to make it appropriate for, and 
acceptable to, the largest number of potential permittees. This same 
process also provides an opportunity for EPA to consider the potential 
impact of general permit terms on small entities and how to craft the 
permit to avoid any undue burden on small entities. This process, 
however, is voluntary, and does not trigger rulemaking or RFA 
requirements.
    In the case of the CGP being issued today, the Agency has 
considered and addressed the potential impact of the general permit on 
small entities in a manner that would meet the requirements of the RFA 
if it applied. Specifically, EPA has analyzed the potential impact of 
the general permit on small entities and found that it will not have a 
significant economic impact on a substantial number of small entities. 
Like the previous general permit that it replaces (the Baseline 
Construction General Permit), the permit will make available to many 
small entities, particularly operators of construction sites, a 
streamlined process for obtaining authorization to discharge. Of the 
possible permitting mechanisms available to dischargers subject to the 
CWA, NPDES general permits are designed to reduce the reporting and 
monitoring burden associated with NPDES permit authorization, 
especially for small entities with discharges having comparatively less 
potential for environmental degradation than

[[Page 7900]]

discharges typically regulated under individual NPDES permits. Thus, 
general permits like the permit at issue here provide small entities 
with a permitting application option that is much less burdensome than 
NPDES individual permit applications.
    Furthermore, the general permit is virtually identical to its 
predecessor, the Baseline Construction General Permit, under which many 
construction operators have operated during the past five years. 
Moreover, the other new provisions of the permit have been designed to 
minimize burdens on small entities, including eliminating the 
requirement that construction site operators require that their 
contractors and subcontractors sign a standard certification statement 
agreeing to abide by storm water pollution prevention plan provisions 
developed for a project. In today's general permit, only the 
operator(s) of a construction site are required to satisfy 
certification requirements under the permit. EPA believes this 
modification from the prior permit should reduce any such adverse 
economic impacts on both operators and contractors/subcontractors who, 
in many instances, are small entities. In view of the foregoing, the 
Regional Administrators find that the final general permit, even if it 
were a rule, will not have a significant economic impact on a 
substantial number of small entities.
    EPA is committed to issuing general permits that meet the 
substantive and procedural requirements of the statute authorizing the 
particular general permit and any other applicable law. The Agency 
intends to review its use of general permits across EPA programs to 
ensure that its general permits meet all applicable requirements.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 21, 1998.
John DeVillars,
Regional Administrator, Region I.

XIV. Official Signatures

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    Dated: January 27, 1998.
Jeanne M. Fox,
Regional Administrator, Region 2.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
W. Michael McCabe,
Acting Regional Administrator, Region III.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 16, 1998.
William W. Rice,
Acting Regional Administrator, Region 7.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 15, 1998.
William P. Yellowtail,
Regional Administrator, Region VIII.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 29, 1998.
Felicia Marcus,
Regional Administrator, Region 9.

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 20, 1998.
Chuck Clarke,
Regional Administrator, Region 10.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorization To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 20th day of January, 1998.
Linda M. Murphy,
Director, Office of Ecosystem Protection.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 1.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorization To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 22nd day of January, 1998.
Kathleen C. Callahan,
Division of Environmental Planning and Protection Director, Region 2.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 2.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorization To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33

[[Page 7901]]

U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of this permit, 
operators of construction activities located in an area specified in 
Part I.A. and who submit a Notice of Intent in accordance with Part II, 
are authorized to discharge pollutants to waters of the United States 
in accordance with the conditions and requirements set forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 22nd day of January, 1998.
Thomas Maslany,
Water Management Director.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 3.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorizatin To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 16th day of January, 1998.
U. Gale Hutton,
Director, Water, Wetlands, and Pesticides Division, U.S. Environmental 
Protection Agency, Region 7.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 7.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorizatin To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 15th day of January, 1998.
Kerrigan G. Clough,
Assistant Regional Administrator, Office of Pollution Prevention, State 
and Tribal Assistance.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 8.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See Part I.A.]
Authorizatin To Discharge Under the National Pollutant Discharge 
Elimination System
    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et. seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 29th day of January, 1998.
Alexis Strauss,
Acting Director, Water Division, Region 9.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 9.

Storm Water General Permit for Construction Activities

Cover Page
Permit No. [See part I.A.]
Authorization to Discharge Under the National Pollutant Discharge 
Elimination System
    In accordance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq.), except as provided in Part I.B.3 of 
this permit, operators of construction activities located in an area 
specified in Part I.A. and who submit a Notice of Intent in accordance 
with Part II, are authorized to discharge pollutants to waters of the 
United States in accordance with the conditions and requirements set 
forth herein.
    This permit shall become effective on February 17, 1998.
    This permit and the authorization to discharge shall expire at 
midnight, February 17, 2003.

    Signed and issued this 20th day of January, 1998.
Philip G. Millam,
Director, Office of Water, Region 10.

    This signature is for the permit conditions in Parts I through 
IX and for any additional conditions in Part X which apply to 
facilities located in the corresponding State, Indian Country land, 
or other area in Region 10.

NPDES General Permits for Storm Water Discharges From Construction 
Activities

Table of Contents

Part I. Coverage Under this Permit

A. Permit Area
B. Eligibility
C. Obtaining Authorization
D. Terminating Coverage

Part II. Notice of Intent Requirements

A. Deadlines for Notification
B. Contents of Notice of Intent
C. Where to Submit

Part III. Special Conditions, Management Practices, and Other Non-
Numeric Limitations

A. Prohibition on Non-Storm Water Discharges
B. Releases in Excess of Reportable Quantities
C. Spills
D. Discharge Compliance with Water Quality Standards
E. Responsibilities of Operators

Part IV. Storm Water Pollution Prevention Plans

A. Deadlines for Plan Preparation and Compliance
B. Signature, Plan Review and Making Plans Available
C. Keeping Plans Current
D. Contents of Plan

[[Page 7902]]

Part V. Retention of Records

A. Documents
B. Accessibility
C. Addresses

Part VI. Standard Permit Conditions

A. Duty to Comply
B. Continuation of the Expired General Permit
C. Need to Halt or Reduce Activity not a Defense
D. Duty to Mitigate
E. Duty to Provide Information
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Oil and Hazardous Substance Liability
J. Property Rights
K. Severability
L. Requiring an Individual Permit or an Alternative General Permit
M. State/Tribal Environmental Laws
N. Proper Operation and Maintenance
O. Inspection and Entry
P. Permit Actions

Part VII. Reopener Clause

Part VIII. Termination of Coverage

A. Notice of Termination
B. Addresses

Part IX. Definitions

Part X. Permit Conditions Applicable to Specific States, Indian Country 
Lands, or Territories

Addenda

A. Endangered Species
B. Historic Properties (Reserved)
C. Notice of Intent (NOI) Form
D. Notice of Termination (NOT) Form

Part I. Coverage Under This Permit

A. Permit Area

    The permit language is structured as if it were a single permit, 
with State, Indian Country land, or other area-specific conditions 
specified in Part X. Permit coverage is actually provided by legally 
separate and distinctly numbered permits covering each of the following 
areas:
Region 1
    CTR10*##I: Indian Country lands in the State of Connecticut.
    MAR10*###: Commonwealth of Massachusetts, except Indian Country 
lands.
    MAR10*##I: Indian Country lands in the Commonwealth of 
Massachusetts.
    MER10*###: State of Maine, except Indian Country lands.
    MER10*##I: Indian Country lands in the State Maine.
    NHR10*###: State of New Hampshire.
    RIR10*##I: Indian Country lands in the State of Rhode Island.
    VTR10*##F: Federal Facilities in the State of Vermont.
Region 2
    NYR10*##I: Indian Country lands in the State of New York.
    PRR10*###: The Commonwealth of Puerto Rico.
Region 3
    DCR10*###: The District of Columbia.
    DER10*##F: Federal Facilities in the State of Delaware.
Region 4
    Coverate Not Available. Construction activities in Region 4 must 
obtain permit coverage under an alternative general permit.
Region 5
    Coverage Not Available.
Region 6
    Coverage Not Available.
Region 7
    IAR10*##I: Indian Country lands in the State of Iowa.
    KSR10*##I: Indian Country lands in the State of Kansas.
    NER10*##I: Indian Country lands in the State of Nebraska, except 
Pine Ridge Reservation lands (see Region 8).
Region 8
    COR10*##F: Federal Facilities in the State of Colorado, except 
those located on Indian Country lands.
    COR10*##I: Indian Country lands in the State of Colorado, including 
the portion of the Ute Mountain Reservation located in New Mexico.
    MTR10*##I: Indian Country lands in the State of Montana.
    NDR10*##I: Indian Country lands in the State of North Dakota, 
including that portion of the Standing Rock Reservation located in 
South Dakota (except for the Lake Traverse Reservation which is covered 
under South Dakota permit SDR10*##I listed below).
    SDR10*##I: Indian Country lands in the State of South Dakota, 
including the portion of the Pine Ridge Reservation located in Nebraska 
and the portion of the Lake Traverse Reservation located in North 
Dakota (except for the Standing Rock Reservation which is covered under 
North Dakota permit NDR10*##I listed above).
    UTR10*##I: Indian Country lands in the State of Utah, except 
Goshute and Navajo Reservation lands (see Region 9).
    WYR10*##I: Indian Country lands in the State of Wyoming.
Region 9
    ASR10*###: The Island of American Samoa.
    AZR10*###: The State of Arizona, except Indian Country lands.
    AZR10*##I: Indian Country lands in the State of Arizona, including 
Navajo Reservation lands in New Mexico and Utah.
    CAR10*##I: Indian Country lands in the State of California.
    GUR10*###: The Island of Guam.
    JAR10*###: Johnston Atoll.
    MWR10*###: Midway Island and Wake Island.
    NIR10*###: Commonwealth of the Northern Mariana Islands.
    NVR10*##I: Indian Country lands in the State of Nevada, including 
the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in 
Oregon and the Goshute Reservation in Utah.
Region 10
    AKR10*###: The State of Alaska, except Indian Country lands.
    AKR10*##I: Indian Country lands in Alaska.
    IDR10*###: The State of Idaho, except Indian Country lands.
    IDR10*##I: Indian Country lands in the State of Idaho, except Duck 
Valley Reservation lands (see Region 9).
    ORR10*##I: Indian Country lands in the State of Oregon except Fort 
McDermitt Reservation lands (see Region 9).
    WAR10*##F: Federal Facilities in the State of Washington, except 
those located on Indian Country lands.
    WAR10*##I: Indian Country lands in the State of Washington.

B. Eligibility

    1. Permittees are authorized to discharge pollutants in storm water 
runoff associated with construction activities as defined in 40 CFR 
122.26(b)(14)(x) and those construction site discharges designated by 
the Director as needing a storm water permit under 122.26(a)(1)(v) or 
under 122.26(a)(9) and 122.26(g)(1)(i). Discharges identified under 
Part I.B.3 are excluded from coverage. Any discharge authorized by a 
different NPDES permit may be commingled with discharges authorized by 
this permit.
    2. This permit also authorizes storm water discharges from support 
activities (e.g., concrete or asphalt batch plants, equipment staging 
yards, material storage areas, excavated material disposal areas, 
borrow areas) provided:
    a. The support activity is directly related to a construction site 
that is required to have NPDES permit coverage for discharges of storm 
water associated with construction activity;
    b. The support activity is not a commercial operation serving 
multiple unrelated construction projects by different operators, and 
does not operate beyond the completion of the

[[Page 7903]]

construction activity at the last construction project it supports; and
    c. Appropriate controls and measures are identified in a storm 
water pollution prevention plan covering the discharges from the 
support activity areas.
    3. Limitations on Coverage. A. Post Construction Discharges. This 
permit does not authorize storm water discharges that originate from 
the site after construction activities have been completed and the 
site, including any temporary support activity site, has undergone 
final stabilization. Industrial post-construction storm water 
discharges may need to be covered by a separate NPDES permit.
    B. Discharges Mixed With Non-Storm Water. This permit does not 
authorize discharges that are mixed with sources of non-storm water, 
other than those discharges which are identified in Part II.A.2. or 3. 
(exceptions to prohibition on non-storm water discharges) and are in 
compliance with Part IV.D.5 (non-storm water discharges).
    C. Discharges Covered by Another Permit. This permit does not 
authorize storm water discharges associated with construction activity 
that have been covered under an individual permit or required to obtain 
coverage under an alternative general permit in accordance with Part 
VI.L.
    d. Discharges Threatening Water Quality. This permit does not 
authorize storm water discharges from construction sites that the 
Director (EPA) determines will cause, or have reasonable potential to 
cause or contribute to, violations of water quality standards. Where 
such determinations have been made, the Director may notify the 
operator(s) that an individual permit application is necessary in 
accordance with Part VI.L. However, the Director may authorize coverage 
under this permit after appropriate controls and implementation 
procedures designed to bring the discharges into compliance with water 
quality standards has been included in the storm water pollution 
prevention plan;
    e. Storm water discharges and storm water discharge-related 
activities that are not protective of Federally listed endangered and 
threatened (``listed'') species or designated critical habitat 
(``critical habitat'').
    (1) For the purposes of complying with the Part I.B.3.e. 
eligibility requirements, ``storm water discharge-related activities'' 
include:
    (a) Activities which cause, contribute to, or result in point 
source storm water pollutant discharges, including but not limited to: 
excavation, site development, grading and other surface disturbance 
activities; and
    (b) Measures to control storm water including the siting, 
construction and operation of best management practices (BMPs) to 
control, reduce or prevent storm water pollution.
    (2) Coverage under this permit is available only if the applicant 
certifies that it meets at least one of the criteria in paragraphs (a)-
(d) below. Failure to continue to meet one of these criteria during the 
term of the permit will render a permittee ineligible for coverage 
under this permit.
    (a) The storm water discharges and storm water discharge-related 
activities are not likely to adversely affect listed species or 
critical habitat; or
    (b) Formal or informal consultation with the Fish and Wildlife 
Service and/or the National Marine Fisheries Service (the ``Services'') 
under section 7 of the Endangered Species Act (ESA) has been concluded 
which addresses the effects of the applicant's storm water discharges 
and storm water discharge-related activities on listed species and 
critical habitat and the consultation results in either a no jeopardy 
opinion or a written concurrence by the Service(s) on a finding that 
the applicant's storm water discharges and storm water discharge-
related activities are not likely to adversely affect listed species or 
critical habitat. A section 7 consultation may occur in the context of 
another Federal action (e.g., a ESA section 7 consultation was 
performed for issuance of a wetlands dredge and fill permit for the 
project, or as part of a National Environmental Policy Act (NEPA) 
review); or
    (c) The applicant's construction activities are authorized under 
section 10 of the ESA and that authorization addresses the effects of 
the applicant's storm water discharges and storm water discharge-
related activities on listed species and critical habitat; or
    (d) The applicant's storm water discharges and storm water 
discharge-related activities were already addressed in another 
operator's certification of eligibility under Part I.B.3.e.(2)(a), (b), 
or (c) which included the applicant's project area. By certifying 
eligibility under Part I.B.3.e.(2)(d), the applicant agrees to comply 
with any measures or controls upon which the other operator's 
certification under Part I.B.3.e.(2)(a), (b) or (c) was based.
    (3) All applicants must follow the procedures provided at Addendum 
A of this permit when applying for permit coverage.
    (4) The applicant must comply with any applicable terms, conditions 
or other requirements developed in the process of meeting eligibility 
requirements of Part I.B.3.e.(2)(a), (b), (c), or (d) above to remain 
eligible for coverage under this permit. Such terms and conditions must 
be incorporated in the applicant's storm water pollution prevention 
plan.
    (5) Applicants who choose to conduct informal consultation to meet 
the eligibility requirements of Part I.B.3.e.(2)(b) are automatically 
designated as non-Federal representatives under this permit. See 50 CFR 
402.08. Applicants who choose to conduct informal consultation as a 
non-Federal representatives must notify EPA and the appropriate Service 
office in writing of that decision.
    (6) This permit does not authorize any storm water discharges where 
the discharges or storm water discharge-related activities cause 
prohibited ``take'' (as defined under section 3 of the Endangered 
Species Act and 50 CFR 17.3) of endangered or threatened species unless 
such takes are authorized under section 7 or 10 of the Endangered 
Species Act.
    (7) This permit does not authorize any storm water discharges where 
the discharges or storm water discharge-related activities are likely 
to jeopardize the continued existence of any species that are listed or 
proposed to be listed as endangered or threatened under the ESA or 
result in the adverse modification or destruction of habitat that is 
designated or proposed to be designated as critical under the ESA.
    f. Storm Water Discharges and Storm Water Discharge-Related 
Activities with Unconsidered Adverse Effects on Historic Properties. 
(Reserved)

C. Obtaining Authorization

    1. In order for storm water discharges from construction activities 
to be authorized under this general permit, an operator must:
    a. Meet the Part I.B. eligibility requirements;
    b. Except as provided in Parts II.A.5 and II.A.6, develop a storm 
water pollution prevention plan (SWPPP) covering either the entire site 
or all portions of the site for which they are operators (see 
definition in Part IX.N) according to the requirements in Part IV. A 
``joint'' SWPPP may be developed and implemented as a cooperative 
effort where there is more than one operator at a site; and
    c. Submit a Notice of Intent (NOI) in accordance with the 
requirements of Part II, using an NOI form provided by the Director (or 
a photocopy thereof). Only one NOI need be submitted to cover all of 
the permittee's activities on the common plan of development or sale 
(e.g., you do not need to submit a separate NOI for each separate lot 
in a

[[Page 7904]]

residential subdivision or for two separate buildings being constructed 
at a manufacturing facility, provided your SWPPP covers each area for 
which you are an operator). The SWPPP must be implemented upon 
commencement of construction activities.
    2. Any new operator on site, including those who replace an 
operator who has previously obtained permit coverage, must submit an 
NOI to obtain permit coverage.
    3. Unless notified by the Director to the contrary, operators who 
submit a correctly completed NOI in accordance with the requirements of 
this permit are authorized to discharge storm water from construction 
activities under the terms and conditions of this permit two (2) days 
after the date that the NOI is postmarked. The Director may deny 
coverage under this permit and require submittal of an application for 
an individual NPDES permit based on a review of the NOI or other 
information (see Part VI.L).

D. Terminating Coverage

    1. Permittees wishing to terminate coverage under this permit must 
submit a Notice of Termination (NOT) in accordance with part VIII of 
this permit. Compliance with this permit is required until an NOT is 
submitted. The permittee's authorization to discharge under this permit 
terminates at midnight of the day the NOT is signed.
    2. All permittees must submit an NOT within thirty (30) days after 
one or more of the following conditions have been met:
    a. Final stabilization (see definition Part IX.I) has been achieved 
on all portions of the site for which the permittee is responsible 
(including if applicable, returning agricultural land to its pre-
construction agricultural use);
    b. Another operator/permittee has assumed control according to Part 
VI.G.2.c. over all areas of the site that have not been finally 
stabilized; or
    c. For residential construction only, temporary stabilization has 
been completed and the residence has been transferred to the homeowner.
    Enforcement actions may be taken if a permittee submits an NOT 
without meeting one or more of these conditions.

Part II. Notice of Intent Requirements

A. Deadlines for Notification

    1. Except as provided in Part II.A.3, II.A.4, II.A.5 or II.A.6 
below, parties defined as operators (see definition in Part IX.N) due 
to their operational control over construction plans and 
specifications, including the ability to make modifications to those 
plans and specifications, must submit a Notice of Intent (NOI) in 
accordance with the requirements of this Part at least two (2) days 
prior to the commencement of construction activities (i.e., the initial 
disturbance of soils associated with clearing, grading, excavation 
activities, or other construction activities).
    2. Except as provided in parts II.A.3, II.A.4, II.A.5 of II.A.6 
below, parties defined as operators (see definition in Part IX.N) due 
to their day-to-day operational control over activities at a project 
which are necessary to ensure compliance with a storm water pollution 
prevention plan or other permit conditions (e.g., general contractor, 
erosion control contractor) must submit an NOI at least two (2) days 
prior to commencing work on-site.
    3. For storm water discharges from construction projects where the 
operator changes, including instances where an operator is added after 
an NOI has been submitted under Parts II.A.1 or II. A.2, the new 
operator must submit an NOI at least two (2) days before assuming 
operational control over site specifications or commencing work on-
site.
    4. Operators are not prohibited from submitting late NOIs. When a 
late NOI is submitted, authorization is only for discharges that occur 
after permit coverage is granted. The Agency reserves the right to take 
appropriate enforcement for any unpermitted activities that may have 
occurred between the time construction commenced and authorization of 
future discharges is granted (typically 2 days after a complete NOI is 
submitted).
    5. Operators of on-going construction projects as of the effective 
date of this permit which received authorization to discharge for these 
projects under the 1992 baseline construction general permit must:
    a. Submit a NOI according to Part II.B. within 90 days of the 
effective date of this permit. If the permittee is eligible to submit a 
Notice of Termination (e.g., construction is finished and final 
stabilization has been achieved) before the 90th day, a new NOI is not 
required to be submitted;
    b. For the first 90 days from the effective date of this permit, 
comply with the terms and conditions of the 1992 baseline construction 
general permit they were previously authorized under; and
    c. Update their storm water pollution prevention plan to comply 
with the requirements of Part IV within 90 days after the effective 
date of this permit.
    6. Operators of on-going construction projects as of the effective 
date of this permit which did not receive authorization to discharge 
for these projects under the 1992 baseline construction general permit 
must:
    a. Prepare and comply with an interim storm water pollution 
prevention plan in accordance with the 1992 baseline construction 
general permit prior to submitting an NOI;
    b. Submit a NOI according to Part II.B; and
    c. Update their storm water pollution prevention plan to comply 
with the requirements of Part IV within 90 days after the effective 
date of this permit.

B. Contents of Notice of Intent (NOI)

1. Interim Use of Existing NOI Form
    Until the revised NOI form is published as final in the Federal 
Register, operators must use EPA's existing NOI form [EPA Form 3510-6 
(8-98)] to apply for permit coverage.

    Note: The revised NOI form is pending approval by the U.S. 
Office of Management and Budget as of the effective date of this 
permit.

    When using the existing NOI form, operators should only submit 
information that was required for parties under the baseline 
construction general permit. However, by completing and signing the 
existing NOI form to obtain permit coverage, operators are certifying 
that they meet all applicable eligibility requirements of Part I.B of 
today's permit and an informing the Director of their intent to be 
covered by, and comply with, the terms and conditions of this permit. 
When the revised NOI form is available (through final publication in 
the Federal Register), the existing NOI form will no longer be accepted 
for permit coverage.
2. Use of Revised NOI Form
    The revised NOI form shall be signed in accordance with Part VI.G 
of this permit and shall include the following information:
    a. The name, address, and telephone number of the operator filing 
the NOI for permit coverage;
    b. An indication of whether the operator is a Federal, State, 
Tribal, private, or other public entity;
    c. The name (or other identifier), address, county, and latitude/
longitude of the construction project or site;
    d. An indication of whether the project or site is located on 
Indian Country lands;
    e. Confirmation that a storm water pollution prevention plan 
(SWPPP) has been developed or will be developed prior to commencing 
construction activities, and that the SWPPP will be compliant with any 
applicable local

[[Page 7905]]

sediment and erosion control plans. Copies of SWPPPs or permits should 
not be included with the NOI submission;
    f. Optional information: the location where the SWPPP may be viewed 
and the name and telephone number of a contact person for scheduling 
viewing times;
    g. The name of the receiving water(s);
    h. Estimates of project start and completion dates, and estimates 
of the number of acres of the site on which soil will be distributed 
(if less than 1 acre, enter ``1'');
    i. Based on the instructions in Addendum A, whether any listed or 
proposed threatened or endangered species, or designated critical 
habitat, are in proximity to the storm water discharges or storm water 
discharge-related activities to be covered by this permit;
    j. Under which section(s) of Part I.B.3.e (Endangered Species) the 
applicant is certifying eligibility; and
    Note that as of the effective date of this permit, reporting of 
information relating to the preservation of historic properties has 
been reserved and is not required at this time. Such reservation in no 
way relieves applicants or permittees from any otherwise applicable 
obligations or liabilities related to historic preservation under 
State, Tribal or local law. After further discussions between EPA and 
the Advisory Council on Historic Preservation, the Agency may modify 
the permit. Any such modification may affect future Notice of Intent 
reporting requirements.

C. Where To Submit

    1. NOIs must be signed in accordance with Part VI.G. and sent to 
the following address: Storm Water Notice of Intent (4203), US EPA, 401 
M. Street, SW, Washington, D.C. 20460.

Part III. Special Conditions, Management Practices, and Other Non-
Numeric Limitations

A. Prohibition Non-Storm Water Discharges

    1. Except as provided in Parts I.B.2 or 3 and III.A.2 or 3, all 
discharges covered by this permit shall be composed entirely of storm 
water associated with construction activity.
    2. Discharges of material other than storm water that are in 
compliance with an NPDES permit (other than this permit) issued for 
that discharge may be discharged or mixed with discharges authorized by 
this permit.
    3. The following non-storm water discharges from active 
construction sites are authorized by this permit provided the non-storm 
water component of the discharge is in compliance with Part IV.D.5 
(non-storm water discharges): discharges from fire fighting activities; 
fire hydrant flushings; waters used to wash vehicles where detergents 
are not used; water used to control dust in accordance with Part 
IV.D.2.c.(2); potable water sources including waterline flushings; 
routine external building wash down which does not use detergents; 
pavement washwaters where spills or leaks of toxic or hazardous 
materials have not occurred (unless all spilled material has been 
removed) and where detergents are not used; air conditioning 
concentrate; uncontaminated ground water or spring water; and 
foundation or footing drains where flows are not contaminated with 
process materials such as solvents.

B. Releases in Excess of Reportable Quantities

    The discharge of hazardous substances or oil in the storm water 
discharge(s) from a facility shall be prevented or minimized in 
accordance with the applicable storm water pollution prevention plan 
for the facility. This permit does not relieve the permittee of the 
reporting requirements of 40 CFR 110, 40 CFR 117 and 40 CFR 302. Where 
a release containing a hazardous substance or oil in an amount equal to 
or in excess of a reportable quality established under either 40 CFR 
110, 40 CFR 117 or 40 CFR 302, occurs during a 24 hour period.
    1. The permittee is required to notify the National Response Center 
(NRC) (800-424-8802; in the Washington, DC, metropolitan area call 202-
426-2675) in accordance with the requirements of 40 CFR 110, 40 CFR 117 
and 40 CFR 302 as soon as he or she has knowledge of the discharge;
    2. The storm water pollution prevention plan required under Part IV 
of this permit must be modified within 14 calendar days of knowledge of 
the release to: provide a description of the release, the circumstances 
leading to the release, and the date of the release. In addition, the 
plan must be reviewed to identify measures to prevent the reoccurrence 
of such releases and to respond to such releases, and the plan must be 
modified where appropriate.

C. Spills

    This permit does not authorize the discharge of hazardous 
substances or oil resulting from an on-site spill.

D. Discharge Compliance With Water Quality Standards

    Operators seeking coverage under this permit shall not be causing 
or have the reasonable potential to cause or contribute to a violation 
of a water quality standard. Where a discharge is already authorized 
under this permit and is later determined to cause or have the 
reasonable potential to cause or contribute to the violation of an 
applicable water quality standard, the Director will notify the 
operator of such violation(s). The permittee shall take all necessary 
actions to ensure future discharges do not cause or contribute to the 
violation of a water quality standard and document these actions in the 
storm water pollution prevention plan. If violations remain or re-
occur, then coverage under this permit may be terminated by the 
Director, and an alternative general permit or individual permit may be 
issued. Compliance with this requirement does not preclude any 
enforcement activity as provided by the Clean Water Act for the 
underlying violation.

E. Responsibilities of Operators

    Permittees may meet one or both of the operational control 
components in the definition of ``operator'' found in Part IX.N. Either 
Parts III.E.1 or III.E.2 or both will apply depending on the type of 
operational control exerted by an individual permittee. Part III.E.3 
applies to all permittees.
    1. Permittees with operational control over construction plans and 
specifications, including the ability to make modifications to those 
plans and specifications (e.g., developer or owner), must:
    a. Ensure the project specifications that they develop meet the 
minimum requirements of Part IV (Storm Water Pollution Prevention Plans 
(SWPPP)) and all other applicable conditions;
    b. Ensure that the SWPPP indicates the areas of the project where 
they have operational control over project specifications (including 
the ability to make modifications in specifications), and ensure all 
other permittees implementing portions of the SWPPP impacted by any 
changes they make to the plan are notified of such modifications in a 
timely manner; and
    c. Ensure that the SWPPP for portions of the project where they are 
operators indicates the name and NPDES permit number for parties with 
day-to-day operational control of those activities necessary to ensure 
compliance with the SWPPP or other permit conditions. If these parties 
have not been identified at the time the SWPPP is initially developed, 
the permittee with operational control over project specifications 
shall be considered to be the responsible party until such time as the 
authority is transferred to another party (e.g., general contractor) 
and the plan updated.

[[Page 7906]]

    2. Permittee(s) with day-to-day operational control of those 
activities at a project which are necessary to ensure compliance with a 
SWPPP for the site or other permit conditions (e.g, general contractor) 
must:
    a. Ensure that the SWPPP for portions of the project where they are 
operators meets the minimum requirements of Part IV (Storm Water 
Pollution Plan) and identifies the parties responsible for 
implementation of control measures identified in the plan;
    b. Ensure that the SWPPP indicates areas of the project where they 
have operational control over day-to-day activities;
    c. Ensure that the SWPPP for portions of the project where they are 
operators indicates the name and NPDES permit number of the party(ies) 
with operational control over project specifications (including the 
ability to make modifications in specifications).
    3. Permittees with operational control over only a portion of a 
larger construction project (e.g., one of four homebuilders in a 
subdivision) are responsible for compliance with all applicable terms 
and conditions of this permit as it relates to their activities on 
their portion of the construction site, including protection of 
endangered species and implementation of BMPs and other controls 
required by the SWPPP. Permittees shall ensure either directly or 
through coordination with other permittees, that their activities do 
not render another party's pollution control ineffective. Permittees 
must either implement their portions of a common SWPPP or develop and 
implement their own SWPPP.

Part IV. Storm Water Pollution Prevention Plans

    At least one storm water pollution prevention plan (SWPPP) shall be 
developed for each construction project or site covered by this permit. 
For more effective coordination of BMPs and opportunities for cost 
sharing, a cooperative effort by the different operators at a site to 
prepare and participate in a comprehensive SWPPP is encouraged. 
Individual operators at a site may, but are not required, to develop 
separate SWPPPs that cover only their portion of the project provided 
reference is made to other operators at the site. In instances where 
there is more than one SWPPP for a site, coordination must be conducted 
between the permittees to ensure the storm water discharge controls and 
other measures are consistent with one another (e.g., provisions to 
protect listed species and critical habitat).
    Storm water pollution prevention plans shall be prepared in 
accordance with good engineering practices. The SWPPP shall identify 
potential sources of pollution which may reasonably be expected to 
affect the quality of storm water discharges from the construction 
site. The SWPPP shall describe and ensure the implementation of 
practices which will be used to reduce the pollutants in storm water 
discharges associated with construction activity at the construction 
site and assure compliance with the terms and conditions of this 
permit.
    When developing SWPPPs, applicants must follow the procedures in 
Addendum A of this permit to determine whether listed endangered or 
threatened species or critical habitat would be affected by the 
applicant's storm water discharges or storm water discharge-related 
activities. Any information on whether listed species or critical 
habitat are found in proximity to the construction site must be 
included in the SWPPP. Any terms or conditions that are imposed under 
the eligibility requirements of Part I.B.3.e and Addendum A of this 
permit to protect listed species or critical habitat from storm water 
discharges or storm water discharge-related activity must be 
incorporated into the SWPPP. Permittees must implement the applicable 
provisions of the SWPPP required under this part as a condition of this 
permit.

A. Deadlines for Pan Preparation and Compliance

    The storm water pollution prevention plan shall:
    1. Be completed prior to the submittal of an NOI to be covered 
under this permit (except as provided in Parts II.A.5 and II.A.6) 
updated as appropriate; and
    2. Provide for compliance with the terms and schedule of the SWPPP 
beginning with the initiation of construction activities.

B. Signature, Plan Review and Making Plans Available

    1. The SWPPP shall be signed in accordance with Part VI.G, and be 
retained on-site at the facility which generates the storm water 
discharge in accordance with Part V (Retention of Records) or this 
permit.
    2. The permittee shall post a notice near the main entrance of the 
construction site with the following information:
    a. The NPDES permit number for the project or a copy of the NOI if 
a permit number has not yet been assigned;
    b. The name and telephone number of a local contact person;
    c. A brief description of the project; and
    d. The location of the SWPPP if the site is inactive or does not 
have an on-site location to store the plan.
    If posting this information near a main entrance is infeasible due 
to safety concerns, the notice shall be posted in a local public 
building. If the construction project is a linear construction project 
(e.g., pipeline, highway, etc.), the notice must be placed in a 
publicly accessible location near where construction is actively 
underway and moved as necessary. This permit does not provide the 
public with any right to trespass on a construction site for any 
reason, including inspection of a site; not does this permit require 
that permittees allow members of the public access to a construction 
site.
    3. The permittee shall make SWPPPs available upon request to the 
Director, a State, Tribal or local agency approving sediment and 
erosion plans, grading plans, or storm water management plans, local 
government officials; or the operator of a municipal separate storm 
sewer receiving discharges from the site. The copy of the SWPPP that is 
required to be kept on-site or locally available must be made available 
to the Director for review at the time of an on-site inspection. Also, 
in the interest of public involvement, EPA encourages permittees to 
make their SWPPPs available to the public for viewing during normal 
business hours.
    4. The Director may notify the permittee at any time that the SWPPP 
does not meet one or more of the minimum requirements of this Part. 
Such notification shall identify those provision of this permit which 
are not being met by the SWPPP as well as those requiring modification 
in order to meet the minimum requirements of this Part. Within seven 
(7) calendar days of receipt of such notification from the Director (or 
as otherwise provided by the Director), the permittee shall make the 
required changes to the SWPPP and shall submit to the Director a 
written certification that the requested changes have been made. The 
Director may take appropriate enforcement action for the period of time 
the permittee was operating under a plan that did not meet the minimum 
requirements of this permit.

C. Keeping Plans Current

    The permittee must amend the storm water pollution prevention plan 
whenever:
    1. There is a change in design, construction, operation, or 
maintenance

[[Page 7907]]

which has a significant effect on the discharge of pollutants to the 
waters of the United States which has not been addressed in the SWPPP; 
or
    2. Inspections or investigations by site operators, local, State, 
Tribal or Federal officials indicate the SWPPP is proving ineffective 
in eliminating or significantly minimizing pollutants from sources 
identified under Part IV.D.1 of this permit, or is otherwise not 
achieving the general objectives of controlling pollutants in storm 
water discharges associated with construction activity.

D. Contents of Plan

    The storm water pollution prevention plan (SWPPP) shall include the 
following items:
1. Site Description
    Each SWPPP shall provide a description of potential pollutant 
sources and other information as indicated below:
    a. A description of the nature of the construction activity;
    b. A description of the intended sequence of major activities which 
disturb soils for major portions of the site (e.g., grubbing, 
excavation, grading, utilities and infrastructure installation);
    c. Estimates of the total area of the site and the total area of 
the site that is expected to be disturbed by excavation, grading, or 
other activities including off-site borrow and fill areas;
    d. An estimate of the runoff coefficient of the site for both the 
pre-construction and post-construction conditions and data describing 
the soil or the quality of any discharge from the site;
    e. A general location map (e.g., a portion of a city or county map) 
and a site map indicating the following: Drainage patterns and 
approximate slopes anticipated after major grading activities; areas of 
soil disturbance; areas which will not be disturbed; locations of major 
structural and nonstructural controls identified in the SWPPP; 
locations where stabilization practices are expected to occur; 
locations of off-site material, waste, borrow or equipment storage 
areas; surface waters (including wetlands); and locations where storm 
water discharges to a surface water;
    f. Location and description of any discharge associated with 
industrial activity other than construction, including storm water 
discharges from dedicated asphalt plants and dedicated concrete plants, 
which is covered by this permit;
    g. The name of the receiving water(s) and the areal extent and 
description of wetlands or other special aquatic sites (as described 
under 40 CFR 230.3(q-1)) at or near the site which will be disturbed or 
which will receive discharges from disturbed areas of the project;
    h. A copy of the permit requirements (attaching a copy of this 
permit is acceptable); and
    i. Information on whether listed endangered or threatened species, 
or critical habitat, are found in proximity to the construction 
activity and whether such species may be affected by the applicant's 
storm water discharges or storm water discharge-related activities.
2. Controls
    Each SWPPP shall include a description of appropriate control 
measures (i.e., BMPs) that will be implemented as part of the 
construction activity to control pollutants in storm water discharges. 
The SWPPP must clearly describe for each major activity identified in 
Part IV.D.1.b: (a) Appropriate control measures and the general timing 
(or sequence) during the construction process that the measures will be 
implemented; and (b) which permittee is responsible for implementation 
(e.g., perimeter controls for one portion of the site will be installed 
by Contractor A after the clearing and grubbing necessary for 
installation of the measure, but before the clearing and grubbing for 
the remaining portions of the site; and perimeter controls will be 
actively maintained by Contractor B until final stabilization of those 
portions of the site up-gradient of the perimeter control; and 
temporary perimeter controls will be removed by the owner after final 
stabilization). The description and implementation of control measures 
shall address the following minimum components;
    a. Erosion and Sediment Controls. (1) Short and Long Term Goals and 
Criteria. (a) The construction-phase erosion and sediment controls 
should be designed to retain sediment on site to the extent 
practicable.
    (b) All control measures must be properly selected, installed, and 
maintained in accordance with the manufacturers specifications and good 
engineering practices. If periodic inspections or other information 
indicates a control has been used inappropriately, or incorrectly, the 
permittee must replace or modify the control for site situations.
    (c) If sediment escapes the construction site, off-site 
accumulations of sediment must be removed at a frequency sufficient to 
minimize offsite (e.g., fugitive sediment in street could be washed 
into storm sewers by the next rain and/or pose a safety hazard to users 
of public streets).
    (d) Sediment must be removed from sediment traps or sedimentation 
ponds when design capacity has been reduced by 50%.
    (e) Litter, construction debris, and construction chemicals exposed 
to storm water shall be prevented from becoming a pollutant source for 
storm water discharges (e.g., screening outfalls, picked up daily).
    (f) Offsite material storage areas (also including overburden and 
stockpiles of dirt, borrow areas, etc.) used solely by the permitted 
project are considered a part of the project and shall be addressed in 
the SWPPP.
    (2) Stabilization Practices. The SWPPP must include a description 
of interim and permanent stabilization practices for the site, 
including a schedule of when the practices will be implemented. Site 
plans should ensure that existing vegetation is preserved where 
attainable and that disturbed portions of the site are stabilized. 
Stabilization practices may include but are not limited to: 
establishment of temporary vegetation, establishment of permanent 
vegetation, mulching, geotextiles, sod stabilization, vegetative buffer 
strips, protection of trees, preservation of mature vegetation, and 
other appropriate measures. Use of impervious surfaces for 
stabilization should be avoided.
    The following records shall be maintained and attached to the 
SWPPP: the dates when major grading activities occur; the dates when 
construction activities temporarily or permanently cease on a portion 
of the site; and the dates when stabilization measures are initiated.
    Except as provided in Parts IV.D.2.a.(2)(a), (b), and (c) below, 
stabilization measures shall be initiated as soon as practicable in 
portions of the site where construction activities have temporarily or 
permanently ceased, but in no case more than 14 days after the 
construction activity in that portion of the site has temporarily or 
permanently ceased.
    (a) Where the initiation of stabilization measures by the 14th day 
after construction activity temporary or permanently ceased is 
precluded by snow cover or frozen ground conditions, stabilization 
measures shall be initiated as soon as practicable.
    (b) Where construction activity on a portion of the site is 
temporarily ceased, and earth disturbing activities will be resumed 
within 21 days, temporary stabilization measures do not have to be 
initiated on that portion of site.

[[Page 7908]]

    (c) In arid areas (areas with an average rainfall of 0 to 10 
inches), semiarid areas (areas with an average annual rainfall of 10 to 
20 inches), and areas experiencing droughts where the initiation of 
stabilization measures by the 14th day after construction activity has 
temporarily or permanently ceased is precluded by seasonably arid 
conditions, stabilization measures shall be initiated as soon as 
practicable.
    (3) Structural Practices. The SWPPP must include a description of 
structural practices to divert flows from exposed soils, store flows or 
otherwise limit runoff and the discharge of pollutants from exposed 
areas of the site to the degree attainable. Structural practices may 
include but are not limited to: silt fences, earth dikes, drainage 
swales, sediment traps, check dams, subsurface drains, pipe slope 
drains, level spreaders, storm drain inlet protection, rock outlet 
protection, reinforced soil retaining systems, gabions, and temporary 
or permanent sediment basins. Placement of structural practices in 
floodplains should be avoided to the degree attainable. The 
installation of these devices may be subject to section 404 of the CWA.
    (a) For common drainage locations that serve an area with ten (10) 
or more acres disturbed at one time, a temporary (or permanent) 
sediment basin that provides storage for a calculated volume of runoff 
from a 2 year, 24 hour storm from each disturbed acre drained, or 
equivalent control measures, shall be provided where attainable until 
final stabilization of the site. Where no such calculation has been 
performed, a temporary (or permanent) sediment basin providing 3,600 
cubic feet of storage per acre drained, or equivalent control measures, 
shall be provided where attainable until final stabilization of the 
site. When computing the number of acres draining into a common 
location it is not necessary to include flows from offsite areas and 
flows from onsite areas that are either undisturbed or have undergone 
final stabilization where such flows are diverted around both the 
disturbed area and the sediment basin.
    In determining whether installing a sediment basin is attainable, 
the permittee may consider factors such as site soils, slope, available 
area on site, etc. In any event, the permittee must consider public 
safety, especially as it relates to children, as a design factor for 
the sediment basin and alternative sediment controls shall be used 
where site limitations would preclude a safe design. For drainage 
locations which serve ten (10) or more disturbed acres at one time and 
where a temporary sediment basin or equivalent controls is not 
attainable, smaller sediment basins and/or sediment traps should be 
used. Where neither the sediment basin nor equivalent controls are 
attainable due to site limitations, silt fences, vegetative buffer 
strips, or equivalent sediment controls are required for all down slope 
boundaries of the construction area and for those side slope boundaries 
deemed appropriate as dictated by individual site conditions. EPA 
encourages the use of a combination of sediment and erosion control 
measures in order to achieve maximum pollutant removal.
    (b) For drainage locations serving less than 10 acres, smaller 
sediment basins and/or sediment traps should be used. At a minimum, 
silt fences, vegetative buffer strips, or equivalent sediment controls 
are required for all down slope boundaries (and for those side slope 
boundaries deemed appropriate as dictated by individual site 
conditions) of the construction area unless a sediment basin providing 
storage for a calculated volume of runoff from a 2 year, 24 hour storm 
or 3,600 cubic feet of storage per acre drained is provided. EPA 
encourages the use of a combination of sediment and erosion control 
measures in order to achieve maximum pollutant removal.
    b. Storm Water Management. A description of measures that will be 
installed during the construction process to control pollutants in 
storm water discharges that will occur after construction operations 
have been completed must be included in the SWPPP. Structural measures 
should be placed on upland soils to the degree attainable. The 
installation of these devices may also require a separate permit under 
section 404 of the CWA. Permittees are only responsible for the 
installation and maintenance of storm water management measures prior 
to final stabilization of the site, and are not responsible for 
maintenance after storm water discharges associated with construction 
activity have been eliminated from the site. However, post-construction 
storm water BMPs that discharge pollutants from point sources once 
construction is completed, may in themselves, need authorization under 
a separate NPDES permit.
    (1) Such practices may include but are not limited to: storm water 
detention structures (including wet ponds); storm water retention 
structures; flow attenuation by use of open vegetated swales and 
natural depressions; infiltration of runoff onsite; and sequential 
systems (which combine several practices). The SWPPP shall include an 
explanation of the technical basis used to select the practices to 
control pollution where flows exceed predevelopment levels.
    (2) Velocity dissipation devices shall be placed at discharge 
locations and along the length of any outfall channel to provide a non-
erosive flow velocity from the structure to a water course so that the 
natural physical and biological characteristics and functions are 
maintained and protected (e.g. no significant changes in the 
hydrological regime of the receiving water).
    c. Other Controls. (1) No solid materials, including building 
materials, shall be discharged to waters of the United States, except 
as authorized by a permit issued under section 404 of the CWA.
    (2) Off-site vehicle tracking of sediments and the generation of 
dust shall be minimized.
    (3) The SWPPP shall be consistent with applicable State, Tribal 
and/or local waste disposal, sanitary sewer or septic system 
regulations to the extent these are located within the permitted area.
    (4) The SWAPPP shall include a description of construction and 
waste materials expected to be stored on-site with updates as 
appropriate. The SWPPP shall also include a description of controls to 
reduce pollutants from these materials including storage practices to 
minimize exposure of the materials to storm water, and spill prevention 
and response.
    (5) The SWPPP shall include a description of pollutant sources from 
areas other than construction (including storm water discharges from 
dedicated asphalt plants and dedicated concrete plants), and a 
description of controls and measures that will be implemented at those 
sites to minimize pollutant discharges.
    (6) The SWPPP shall include a description of measures necessary to 
protect listed endangered or threatened species, or critical habitat, 
including any terms or conditions that are imposed under the 
eligibility requirements of Part I.B.3.e.(4) of this permit. Failure to 
describe and implement such measures will result in storm water 
discharges from construction activities that are ineligible for 
coverage under this permit.
    d. Approved State, Tribal or Local Plans. (1) Permittees which 
discharge storm water associated with construction activities must 
ensure their storm water pollution prevention plan is consistent with 
requirements specified in applicable sediment and erosion site plans or 
site permits, or storm water management site plans or site permits 
approved by State, Tribal, or local officials.

[[Page 7909]]

    (2) Storm water pollution prevention plans must be updated as 
necessary to remain consistent with any changes applicable to 
protecting surface water resources in sediment erosion site plans or 
site permits, or storm water management site plans or site permits 
approved by State, Tribal or local officials for which the permittee 
receives written notice.
3. Maintenance
    All erosion and sediment control measures and other protective 
measures identified in the SWPPP must be maintained in effective 
operating condition. If site inspections required by Part IV.D.4. 
identify BMPs that are not operating effectively, maintenance shall be 
performed before the next anticipated storm event, or as necessary to 
maintain the continued effectiveness of storm water controls. If 
maintenance prior to the next anticipated storm event is impracticable, 
maintenance must be scheduled and accomplished as soon as practicable.
4. Inspections
    Qualified personnel (provided by the permittee or cooperatively by 
multiple permittees) shall inspect disturbed areas of the construction 
site that have not been finally stabilized, areas used for storage of 
materials that are exposed to precipitation, structural control 
measures, and locations where vehicles enter or exit the site, at least 
once every fourteen (14) calendar days and within 24 hours of the end 
of a storm event of 0.5 inches or greater.
    Where sites have been finally or temporarily stabilized, runoff is 
unlikely due to winter conditions (e.g., site is covered with snow, 
ice, or frozen ground exists), or during seasonal arid periods in arid 
areas (areas with an average annual rainfall of 0 to 10 inches) and 
semi-arid areas (areas with an average annual rainfall of 10 to 20 
inches) such inspections shall be conducted at least once every month.
    Permittees are eligible for a waiver of monthly inspection 
requirements until one month before thawing conditions are expected to 
result in a discharge if all of the following requirements are met: (1) 
The project is located in an area where frozen conditions are 
anticipated to continue for extended periods of time (i.e., more than 
one month); (2) land disturbance activities have been suspended; and 
(3) the beginning and ending dates of the waiver period are documented 
in the SWPPP.
    a. Disturbed areas and areas used for storage of materials that are 
exposed to precipitation shall be inspected for evidence of, or the 
potential for, pollutants entering the drainage system. Sediment and 
erosion control measures identified in the SWPPP shall be observed to 
ensure that they are operating correctly. Where discharge locations or 
points are accessible, they shall be inspected to ascertain whether 
erosion control measures are effective in preventing significant 
impacts to receiving waters. Where discharge locations are 
inaccessible, nearby downstream locations shall be inspected to the 
extent that such inspections are practicable. Locations where vehicles 
enter or exit the site shall be inspected for evidence of offsite 
sediment tracking.
    b. Based on the results of the inspection, the SWPPP shall be 
modified as necessary (e.g., show additional controls on map required 
by Part IV.D.1; revise description of controls required by Part IV.D.2) 
to include additional or modified BMPs designed to correct problems 
identified. Revisions to the SWPPP shall be completed within 7 calendar 
days following the inspection. If existing BMPs need to be modified or 
if additional BMPs are necessary, implementation shall be completed 
before the next anticipated storm event. If implementation before the 
next anticipated storm event is impracticable, they shall be 
implemented as soon as practicable.
    c. A report summarizing the scope of the inspection, name(s) and 
qualifications of personnel making the inspection, the date(s) of the 
inspection, and major observations relating to the implementation of 
the SWPPP shall be made and retained as part of the SWPPP for at least 
three years from the date that the site is finally stabilized. Major 
observations should include: the location(s) of discharges of sediment 
or other pollutants from the site; location(s) of BMPs that need to be 
maintained; location(s) of BMPs that failed to operate as designed or 
proved inadequate for a particular location; and location(s) where 
additional BMPs are needed that did not exist at the time of 
inspection. Actions taken in accordance with Part IV.D.4.b of this 
permit shall be made and retained as part of the storm water pollution 
prevention plan for at least three years from the date that the site is 
finally stabilized. Such reports shall identify any incidents of non-
compliance. Where a report does not identify any incidents of non-
compliance, the report shall contain a certification that the facility 
is in compliance with the storm water pollution prevention plan and 
this permit. The report shall be signed in accordance with Part VI.G of 
this permit.
5. Non-Storm Water Discharges
    Except for flows from fire fighting activities, sources of non-
storm water listed in Part III.A.2 or 3 of this permit that are 
combined with storm water discharges associated with construction 
activity must be identified in the SWPPP. The SWPPP shall identify and 
ensure the implementation of appropriate pollution prevention measures 
for the non-storm water component(s) of the discharge.

Part V. Retention of Records

A. Documents

    The permittee shall retain copies of storm water pollution 
prevention plans and all reports required by this permit, and records 
of all data used to complete the Notice of Intent to be covered by this 
permit, for a period of at least three years from the date that the 
site is finally stabilized. This period may be extended by request of 
the Director at any time.

B. Accessibility

    The permittee shall retain a copy of the storm water pollution 
prevention plan required by this permit (including a copy of the permit 
language) at the construction site (or other local location accessible 
to the Director, a State, Tribal or local agency approving sediment and 
erosion plans, grading plans, or storm water management plans; local 
government officials; or the operator of a municipal separate storm 
sewer receiving discharges from the site) from the date of project 
initiation to the date of final stabilization. Permittees with day-to-
day operational control over SWPPP implementation shall have a copy of 
the SWPPP available at a central location on-site for the use of all 
operators and those identified as having responsibilities under the 
SWPPP whenever they are on the construction site.

C. Addresses

    Except for the submittal of NOIs and NOTs (see Parts II.C and 
VIII.B, respectively), all written correspondence concerning discharges 
in any State, Indian Country land or from any Federal facility covered 
under this permit and directed to the EPA, including the submittal of 
individual permit applications, shall be sent to the address of the 
appropriate EPA Regional Office listed below:

Region 1: CT, MA, ME, NH, RI, VT
    United States EPA, Region 1, Office of Ecosystem Protection, 
Municipal

[[Page 7910]]

Assistance Unit, John F. Kennedy Federal Building-CMU, Boston, MA 02203
Region 2: NJ, NY, PR, VI
    United States EPA, Region 2, Division of Environmental Planning and 
Protection, (2DEPP-WPB), Water Programs Branch, 290 Broadway, New York, 
NY 10007-1866
Region 3: DE, DC, MD, PA, VA, WV
    United States EPA, Region 3, Water Management Division, (3WM55), 
Storm Water Staff, 841 Chestnut Building, Philadelphia, PA 19107
Region 7: IA, KS, MO, NE (except see Region 8 for Pine Ridge 
Reservation Lands)
    United States EPA, Region 7, Water, Wetlands, and Pesticides 
Division, NPDES and Facilities Management Branch, Storm Water Staff, 
726 Minnesota Avenue, Kansas City, KS 66101
Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for Goshute 
Reservation and Navajo Reservation lands), the Ute Mountain Reservation 
in NM, and the Pine Ridge Reservation in NE
    United States EPA, Region 8, Ecosystems Protection Program (8EPR-
EP), Storm Water Staff, 999 18th Street, Suite 500, Denver, CO 80202-
2466
Region 9: AZ, CA, HI, NV, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the Goshute Reservation in UT and NV, the 
Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation in 
ID, Fort McDermitt Reservation in OR
    United States EPA, Region 9, Water Management Division, WTR-5, 
Storm Water Staff, 75 Hawthorne Street, San Francisco, CA 94105
Region 10: AK, WA, ID (except see Region 9 for Duck Valley Reservation 
lands), OR (except see Region 9 for Fort McDermitt Reservation)
    United States EPA Region 10, Office of Water OW-130, Storm Water 
Staff, 1200 6th Avenue, Seattle, WA 98101

Part VI. Standard Permit Conditions

A. Duty to Comply

1. The Permittee Must Comply With All Conditions of This Permit
    Any permit noncompliance constitutes a violation of CWA and is 
grounds for reinforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
2. Penalties for Violations of Permit Conditions
    The Director will adjust the civil and administrative penalties 
listed below in accordance with the Civil Monetary Penalty Inflation 
Adjustment Rule Federal Register: December 31, 1996, Volume 61, Number 
252, pages 69359-69366, as corrected, March 20, 1997, Volume 62, Number 
54, pages 13514-13517) as mandated by the Debt Collection Improvement 
Act of 1996 for inflation on a periodic basis. This rule allows EPA's 
penalties to keep pace with inflation. The Agency is required to review 
its penalties at least once every four years thereafter and to adjust 
them as necessary for inflation according to a specified formula. The 
civil and administrative penalties listed below were adjusted for 
inflation starting in 1996.
    a. Criminal. (1) Negligent Violations. The CWA provides that any 
person who negligently violates permit conditions implementing sections 
301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of 
not less than $2,500 nor more than $25,000 per day of violation, or by 
imprisonment for not more than 1 year, or both.
    (2) Knowing Violations. The CWA provides that any person who 
knowingly violates permit conditions implementing sections 301, 302, 
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less 
than $5,000 nor more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or both.
    (3) Knowing Endangerment. The CWA provides that any person who 
knowingly violates permit conditions implementing sections 301, 302, 
306, 307, 308, 318, or 405 of the Act and who knows at that time he is 
placing another person in imminent danger of death or serious bodily 
injury is subject to a fine of not more than $250,000, or by 
imprisonment for not more than 15 years, or both.
    (4)  False Statement. The CWA provides that nay person who 
knowingly makes any false material statement, representation, or 
certification in any application, record, report, plan, or other 
document filed or required to be maintained under the Act or who 
knowingly falsifies, tampers with, or renders inaccurate, any 
monitoring device or method required to be maintained under the Act, 
shall upon conviction, be punished by a fine of not more than $10,000 
or by imprisonment for not more than two years, or by both. If a 
conviction is for a violation committed after a first conviction of 
such person under this paragraph, punishment shall be by a fine of not 
more than $20,000 per day of violation, or by imprisonment of not more 
than four years, or by both. (See section 309(c)(4) of the Clean Water 
Act).
    b. Civil Penalties. The CWA provides that any person who violates a 
permit condition implementing sections 301, 302, 306, 307, 308, 318, or 
405 of the Act is subject to a civil penalty not to exceed $27,500 per 
day for each violation.
    c. Administrative Penalties. The CWA provides that any person who 
violates a permit condition implementing sections 301, 302, 306, 307, 
308, 318, or 405 of the Act is subject to an administrative penalty, as 
follows:
    (1) Class I Penalty. Not to exceed $11,000 violation nor shall the 
maximum amount exceed $27,500.
    (2) Class II Penalty. Not to exceed $11,000 per day for each day 
during which the violation continues nor shall the maximum amount 
exceed $137,500.

B. Continuation of the Expired General Permit

    If this permit is not reissued or replaced prior to the expiration 
date, it will be administratively continued in accordance with the 
Administrative Procedures Act and remain in force and effect. Any 
permittee who was granted permit coverage prior to the expiration date 
will automatically remain covered by the continued permit until the 
earlier of:
    1. Reissuance or replacement of this permit, at which time the 
permittee must comply with the Notice of Intent conditions of the new 
permit to maintain authorization to discharge; or
    2. The permittee's submittal of a Notice of Termination; or
    3. Issuance of an individual permit for the permittee's discharges; 
or
    4. A formal permit decision by the Director not to reissue this 
general permit, at which time the permittee must seek coverage under an 
alternative general permit or an individual permit.

C. Need to Halt or Reduce Activity Not a Defense

    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
permit.

D. Duty to Mitigate

    The permittee shall take all reasonable steps to minimize or 
prevent any discharge in violation of this permit which has a 
reasonable likelihood of

[[Page 7911]]

adversely affecting human health or the environment.

E. Duty to Provide Information

    The permittee shall furnish to the Director or an authorized 
representative of the Director any information which is requested to 
determine compliance with this permit or other information.

F. Other Information

    When the permittee becomes aware that he or she failed to submit 
any relevant facts or submitted incorrect information in the Notice of 
Intent or in any other report to the Director, he or she shall promptly 
submit such facts or information.

G. Signatory Requirements

    All Notices of Intent, Notices of Termination, storm water 
pollution prevention plans, reports, certifications or information 
either submitted to the Director or the operator of a large or medium 
municipal separate storm sewer system, or that this permit requires be 
maintained by the permittee, shall be signed as follows:
    1. All Notices of Intent and Notices of Termination shall be signed 
as follows:
    a. For a corporation: by a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means: a 
president, secretary, treasurer, or vice-president of the corporation 
in charge of a principal business function, or any other person who 
performs similar policy or decision-making functions for the 
corporation; or the manager of one or more manufacturing, production or 
operating facilities employing more than 250 persons or having gross 
annual sales or expenditures exceeding $25,000,000 (in second-quarter 
1980 dollars) if authority to sign documents has been assigned to 
delegated to the manager in accordance with corporate procedures;
    b. For a partnership or sole proprietorship: by a general partner 
or the proprietor, respectively; or
    c. For a municipality, State, Federal, or other public agency: by 
either a principal executive officer or ranking elected official. For 
purposes of this section, a principal executive officer of a Federal 
agency includes (1) the chief executive officer of the agency, or (2) 
senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrator of EPA).
    2. All reports required by this permit and other information 
requested by the Director or authorized representative of the Director 
shall be signed by a person described above or by a duly authorized 
representative of that person. A person is a duly authorized 
representative only if:
    a. The authorization is made in writing by a person described above 
and submitted to the Director.
    b. The authorization specifies either an individual or position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of manager, operator, 
superintendent, or position of equivalent responsibility or an 
individual or position having overall responsibility for environmental 
matters for the company. (A duly authorized representative may thus be 
either a named individual or any individual occupying a named 
position).
    c. Changes to Authorization. If an authorization under Part II.B is 
no longer accurate because a different operator has responsibility for 
the overall operation of the construction site, a new Notice of Intent 
satisfying the requirements of Part II.B must be submitted to the 
Director prior to or together with any reports, information, or 
applications to be signed by an authorized representative. The change 
in authorization must be submitted within the time frame specified in 
Part II.A.3, and sent to the address specified in Part II.C.
    d. Certification. Any person signing documents under Part VI.G 
shall make the following certification:

    ``I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gathered and evaluated the information submitted. Based on 
my inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the 
possibility of fine and imprisonment for knowing violations.''

H. Penalties for Falsification of Reports

    Section 309(c)(4) of the Clean Water Act provides that any person 
who knowingly makes any false material statement, representation, or 
certification in any record or other document submitted or required to 
be maintained under this permit, including reports of compliance or 
noncompliance shall, upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than two years, or by 
both.

I. Oil and Hazardous Substance Liability

    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties to which the permittee is 
or may be subject under section 311 of the CWA or section 106 of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA).

J. Property Rights

    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges, nor does it authorize any 
injury to private property nor any invasion of personal rights, nor any 
infringement of Federal, State or local laws or regulations.

K. Severability

    The provisions of this permit are severable, and if any provision 
of this permit, or the application of any provision of this permit to 
any circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit shall not be 
affected thereby.

L. Requiring an Individual Permit or an Alternative General Permit

    1. The Director may require any person authorized by this permit to 
apply for and/or obtain either an individual NPDES permit or an 
alternative NPDES general permit. Any interested person may petition 
the Director to take action under this paragraph. Where the Director 
requires a permittee authorized to discharge under this permit to apply 
for an individual NPDES permit, the Director shall notify the permittee 
in writing that a permit application is required. This notification 
shall include a brief statement of the reasons for this decision, an 
application form, a statement setting a deadline for the permittee to 
file the application, and a statement that on the effective date of 
issuance or denial of the individual NPDES permit or the alternative 
general permit as it applies to the individual permittee, coverage 
under this general permit shall automatically terminate. Applications 
shall be submitted to the appropriate Regional Office indicated in Part 
V.C of this permit. The Director may grant additional time to submit 
the application upon request of the applicant. If a permittee fails to 
submit in a timely manner an individual NPDES permit application as 
required by the Director under this paragraph, then the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated at the end of the day specified by the Director for 
application submittal.

[[Page 7912]]

    2. Any permittee authorized by this permit may request to be 
excluded from the coverage of this permit by applying for an individual 
permit. In such cases, the permittee shall submit an individual 
application in accordance with the requirements of 40 CFR 
122.26(c)(1)(ii), with reasons supporting the request, to the Director 
at the address for the appropriate Regional Office indicated in Part 
V.C of this permit. The request may be granted by issuance of any 
individual permit or an alternative general permit if the reasons cited 
by the permittee are adequate to support the request.
    3. When an individual NPDES permit is issued to a permittee 
otherwise subject to this permit, or the permittee is authorized to 
discharge under an alternative NPDES general permit, the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated on the effective date of the individual permit or the date 
of authorization of coverage under the alternative general permit, 
whichever the case may be. When an individual NPDES permit is denied to 
an owner or operator otherwise subject to this permit, or the owner or 
operator is denied for coverage under an alternative NPDES general 
permit, the applicability of this permit to the individual NPDES 
permittee is automatically terminated on the date of such denial, 
unless otherwise specified by the Director.

M. State/Tribal Environmental Laws

    1. Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable State/Tribal law or regulation under authority preserved by 
section 510 of the Act.
    2. No condition of this permit shall release the permittee from any 
responsibility or requirements under other environmental statutes or 
regulations.

N. Proper Operation and Maintenance

    The permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by the permittee to achieve 
compliance with the conditions of this permit and with the requirements 
of storm water pollution prevention plans. Proper operation and 
maintenance also includes adequate laboratory controls and appropriate 
quality assurance procedures. Proper operation and maintenance requires 
the operation of backup or auxiliary facilities or similar systems, 
installed by a permittee only when necessary to achieve compliance with 
the conditions of this permit.

O. Inspection and Entry

    The permittee shall allow the Director or an authorized 
representative of EPA, the State/Tribe, or, in the case of a 
construction site which discharges through a municipal separate storm 
sewer, an authorized representative of the municipal owner/operator or 
the separate storm sewer receiving the discharge, upon the presentation 
of credentials and other documents as may be required by law, to:
    1. Enter upon the permittee's premises where a regulated facility 
or activity is located or conducted or where records must be kept under 
the conditions of this permit;
    2. Have access to and copy at reasonable times, any records that 
must be kept under the conditions of this permit; and
    3. Inspect at reasonable times any facilities or equipment 
(including monitoring and control equipment).

P. Permit Actions

    This permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by the permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.

Part VII. Reopener Clause

    A. If there is evidence indicating that the storm water discharges 
authorized by this permit cause, have the reasonable potential to cause 
or contribute to, a violation of a water quality standard, the 
permittee may be required to obtain an individual permit or an 
alternative general permit in accordance with Part I.C of this permit, 
or the permit may be modified to include different limitations and/or 
requirements.
    B. Permit modification or revocation will be conducted according to 
40 CFR 122.62, 122.63, 122.64 and 124.5.
    C. EPA may propose a modification to this permit after further 
discussions between the Agency and the Advisory Council on Historic 
Preservation for the protection of historic properties.

Part VIII. Termination of Coverage

A. Notice of Termination

    Permittees must submit a completed Notice of Termination (NOT) that 
is signed in accordance with Part VI.G of this permit when one or more 
of the conditions contained in Part I.D.2. (Terminating Coverage) have 
been met at a construction project. The NOT form found in Addendum D 
will be used unless it has been replaced by a revised version by the 
Director. The Notice of Termination shall include the following 
information:
    1. The NPDES permit number for the storm water discharge identified 
by the Notice of Termination;
    2. An indication of whether the storm water discharges associated 
with construction activity have been eliminated (i.e., regulated 
discharges of storm water are being terminated) or the permittee is no 
longer an operator at the site;
    3. The name, address and telephone number of the permittee 
submitting the Notice of Termination;
    4. The name of the project and street address (or a description of 
location if no street address is available) of the construction site 
for which the notification is submitted;
    5. The latitude and longitude of the construction site; and
    6. The following certification,signed in accordance with Part VI.G 
(signatory requirements) of this permit. For construction projects with 
more than one permittee and/or operator, the permittee need only make 
this certification for those portions of the construction site where 
the permittee was authorized under this permit and not for areas where 
the permittee was not an operator:

    ``I certify under penalty of law that all storm water discharges 
associated with industrial activity from the identified facility 
that authorized by a general permit have been eliminated or that I 
am no longer the operator of the facility or construction site. I 
understand that by submitting this notice of termination, I am no 
longer authorized to discharge storm water associated with 
industrial activity under this general permit, and that discharging 
pollutants in storm water associated with industrial activity to 
waters of the United States is unlawful under the Clean Water Act 
where the discharge is not authorized by a NPDES permit. I also 
understand that the submittal of this Notice of Termination does not 
release an operator from liability for any violations of this permit 
or the Clean Water Act.''

    For the purposes of this certification, elimination of storm water 
discharges associated with construction activity means that all 
disturbed soils at the portion of the construction site where the 
operator had control have been finally stabilized (as defined in Part 
IX.I) and temporary erosion and sediment control measures have been 
removed or will be removed at an appropriate time to ensure final 
stabilization is maintained, or that all storm water discharges 
associated with construction activities from the identified site that

[[Page 7913]]

are authorized by a NPDES general permit have otherwise been eliminated 
from the portion of the construction site where the operator had 
control.

B. Addresses

    1. All Notices of termination, signed in accordance with Part VI.G 
of this permit, are to be submitted using the form provided by the 
Director (or a photocopy thereof), to the address specified on the NOT 
form.

Part IX. Definitions

    A. Best Management Practices (BMPs) means schedules of activities, 
prohibitions of practices, maintenance procedures, and other management 
practices to prevent or reduce the discharge of pollutants to waters of 
the United States. BMPs also include treatment requirements, operating 
procedures, and practice to control plant site runoff, spillage or 
leaks, sludge or waste disposal, or drainage from raw material storage.
    B. Control Measure as used in this permit, refers to any Best 
Management Practice or other method used to prevent or reduce the 
discharge of pollutants to waters of the United States.
    C. Commencement of Construction the initial disturbance of soils 
associated with clearing, grading, or excavating activities or other 
construction activities.
    D. CWA means the Clean Water Act or the Federal Water Pollution 
Control Act, 33 U.S.C. section 1251 et seq.
    E. Director means the Regional Administrator of the Environmental 
Protection Agency or an authorized representative.
    F. Discharge when used without qualification means the ``discharge 
of a pollutant.''
    G. Discharge of Storm Water Associated with Construction Activity 
as used in this permit, refers to a discharge of pollutants in storm 
water runoff from areas where soil disturbing activities (e.g., 
clearing, grading, or excavation), construction materials or equipment 
storage or maintenance (e.g., fill piles, borrow area, concrete truck 
washout, fueling), or other industrial storm water directly related to 
the construction process (e.g., concrete or asphalt batch plants) are 
located.
    H. Facility or Activity means any NPDES ``point source'' or any 
other facility or activity (including land or appurtenances thereto) 
that is subject to regulation under the NPDES program.
    I. Final Stabilization means that either:
    1. All soil disturbing activities at the site have been completed 
and a uniform (e.g,, evenly distributed, without large bare areas) 
perennial vegetative cover with a density of 70% of the native 
background vegetative cover for the area has been established on all 
unpaved areas and areas not covered by permanent structures, or 
equivalent permanent stabilization measures (such as the use of riprap, 
gabions, or goetextiles) have been employed. In such parts of the 
country, background native vegetation will cover less than 100% of the 
ground (e.g., arid areas, beaches). Establishing at least 70% of the 
natural cover of the native vegetation meets the vegetative cover 
criteria for final stabilization (e.g., if the native vegetation covers 
50% of the ground, 70% of 50% would require 35% total cover for final 
stabilization; on a beach with no natural vegetation, no stabilization 
is required); or
    2. For individual lots in residential construction by either: (a) 
The homebuilder completing final stabilization as specified above, or 
(b) the homebuilder establishing temporary stabilization including 
perimeter controls for an individual lot prior to occupation of the 
home by the homeowner and informing the homeowner of the need for, and 
benefits of, final stabilization. (Homeowners typically have an 
incentive to put in the landscaping functionally equivalent to final 
stabilization as quick as possible to keep mud out of their homes and 
off sidewalks and driveways.); or
    3. For construction projects on land used for agricultural purposes 
(e.g., pipelines across crop or range land), final stabilization may be 
accomplished by returning the disturbed land to its preconstruction 
agricultural use. Areas disturb that were not previously used for 
agricultural activities, such as buffer strips immediately adjacent to 
``water of the United States,'' and area which are not being returned 
to their preconstruction agricultural use must meet the final 
stabilization criteria (1) or (2) above.
    J. Flow-Weighted Composite Sample means a composite sample 
consisting of a mixture of aliquots collected at a constant time 
interval, where the volume of each aliquot is proportional to the flow 
rate of the discharge.
    K. Large and Medium Municipal Separate Storm Sewer System means all 
municipal separate storm sewers that are either:
    1. Located in an incorporated place (city) with a population of 
100,000 or more as determined by the latest Decennial Census by the 
Bureau of Census (these cities are listed in Appendices F and G of 40 
CFR 122); or
    2. Located in the countries with unincorporated urbanized 
populations of 100,000 or more, except municipal separate storm sewers 
that are located in the incorporated places, townships or towns within 
such counties (these counties are listed in Appendices H and I of 40 
CFR 122); or
    3. Owned or operated by a municipality other than those described 
in paragraph (i) and (ii) and that are designated by the Director as 
part of the large or medium municipal separate storm sewer system.
    L. NOI means Notice of Intent to be covered by this permit (see 
Part II of this permit.)
    M. NOT means Notice of Termination (see Part VIII of this permit).
    N. Operator for the purpose of this permit and in the context of 
storm water associated with construction activity, means any party 
associated with a construction project that meets either of the 
following two criteria:
    1. The party has operational control over construction plans and 
specifications, including the ability to make modifications to those 
plans and specifications; or
    2. The party has day-to-day operational control of those activities 
at a project which are necessary to ensure compliance with a storm 
water pollution prevention plan for the site or other permit conditions 
(e.g., they are authorized to direct workers at a site to carry out 
activities required by the SWPPP or comply with other permit 
conditions).
    This definition is provided to inform permittees of EPA's 
interpretation of how the regulatory definitions of ``owner or 
operator'' and ``facility or activity'' are applied to discharges of 
storm water associated with construction activity.
    O. Owner or operator means the owner or operator of any ``facility 
or activity'' subject to regulation under the NPDES program.
    P. Point Source means any discernible, confined, and discrete 
conveyance, including but not limited to, any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock 
concentrated animal feeding operation, landfill leachate collection 
system, vessel or other floating craft from which pollutants are or may 
be discharged. This term does not include return flows from irrigated 
agriculture or agricultural storm water runoff.
    Q. Pollutant is defined at 40 CFR 122.2. A partial listing from 
this definition includes: dredged spoil, solid waste, sweage, garbage, 
sewage sludge, chemical wastes, biological materials,

[[Page 7914]]

heat, wrecked or discarded equipment, rock, sand, cellar dirt, and 
industrial or municipal waste.
    R. Runoff coefficient means the fraction of total rainfall that 
will appear at the conveyance as runoff.
    S. Storm Water means storm water runoff, snow melt runoff, and 
surface runoff and drainage.
    T. Storm Water Associated with Industrial Activity is defined at 40 
CFR 122.26(b)(14) and incorporated here by reference. Most relevant to 
this permit is 40 CFR 122.26(b)(14)(x), which relates to construction 
activity including clearing, grading and excavation activities that 
result in the disturbance of five (5) or more acres of total land area, 
or are part of a larger common plan of development or sale.
    U. Waters of the United States means:
    1. All waters which are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters which are subject to the ebb and flow of the tide;
    2. All interstate waters, including interstate ``wetland'';
    3. All other waters such as interstate lakes, rivers, streams 
(including intermittent streams), mudflat, sandflats, wetlands, 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    a. Which are or could be used by interstate or foreign travelers 
for recreational or other purposes;
    b. From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or
    c. Which are used or could be used for industrial purposes by 
industries in interstate, commerce;
    4. All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    5. Tributaries of waters identified in paragraphs (a) through (d) 
of this definition;
    6. The territorial sea; and
    7. Wetlands adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraph 1. through 6. of this 
definition.
    Waste treatment systems, including treatment ponds or lagoons 
designed to meet the requirement of the CWA (other than cooling ponds 
for steam electric generation stations per 40 CFR 423) which also meet 
the criteria of this definition) are not waters of the United States. 
Waters of the United States do not include prior converted cropland. 
Notwithstanding the determination of an area's status as prior 
converted cropland by any other federal agency, for the purposes of the 
Clean Water Act, the final authority regarding Clean Water Act 
jurisdiction remains with EPA.

Part X. Permit Conditions Applicable to Specific States, Indian Country 
Lands, or Territories

    The provisions of this Part provide modifications or additions to 
the applicable conditions of Parts I through IX of this permit to 
reflect specific additional conditions required as part of the State or 
Tribal CWA Section 401 certification process, or Coastal Zone 
Management Act certification process, or as otherwise established by 
the permitting authority. The additional revisions and requirements 
listed below are set forth in connection with, and only apply to, the 
following States, Indian Country lands and Federal facilities.

A. Region 1

1. CTR10*##I: Indian Country Lands in the State of Connecticut
    No additional requirements.
2. MAR10*###: Commonwealth of Massachusetts, Except Indian Country 
Lands
    a. Part I.B.4 is added to the permit as follows:

Special Requirements for the State of Massachusetts
    a. Discharges covered by the general permit must comply with the 
provisions of 314 CMR 3.00, 314 CMR 4.00, 314 CMR 9.00 and 310 CMR 
10.00 and any related policies promulgated under the authority of the 
Massachusetts Clean Waters Act, M.G.L. c.21, ss.23-56, and Wetlands 
Protection Act, M.G.L. c.131 s.40. Specifically, construction 
activities subject to this permit must comply with applicable storm 
water performance standards prescribed by State regulation or policy. 
Construction activities subject to jurisdiction under 310 CMR 10.00 
must comply with an Order or Superseding Order of Conditions. An 
application for a permit under 314 CMR 3.00 is required only when 
required by 314 CMR 3.04(2)(b) or is otherwise identified in 314 CMR 
3.00 or Massachusetts Department of Environmental Protection policy as 
a discharge requiring a permit application.
    b. The Massachusetts Department of Environmental Protection may 
request a copy of the storm water pollution prevention plan or conduct 
an inspection of any facility covered by this permit to ensure 
compliance with State law requirements. The Department may enforce its 
certification conditions.
3. MAR10*##I: Indian Country Lands in the Commonwealth of Massachusetts
    No additional requirements.
4. MER10*###: State of Maine, Except Indian Country Lands
    a. The following is added to the introductory section of Part IV:
    The applicant for a project that does not require a permit pursuant 
to Maine's Storm Water Management Law, 38 MRSA 420-D due to the 
exemption at 38 MRSA 490-D(7)(D), must demonstrate to the satisfaction 
of the Maine Department of Environmental Protections (MDEP) prior to 
starting construction that the project meets the standards adopted 
pursuant to Maine's Storm Water Management Law, 38 MRSA 420-D.
    b. The following is added to the introduction to Part IV. D:
    For a project not requiring a permit pursuant to Maine's Storm 
Water Management Law, 38 MRSA 420-D, due to the exemption at 38 MRSA-
D(7)(D),* the following information is provided: Maine's 
storn water permit application, as approved by MDEP, is considered to 
meet the requirements of the storm water pollution prevention plan as 
described in Part IV D.1, 2a, 2b, and 2c(1-5). Maine's storm water 
permit application is not considered to meet the requirements of Part 
IV D.2c(6) (threatened and endangered species and/or critical habitat), 
Part IV.D.3 (maintenance), Part IV.D.4. (inspection), or Part IV D.5. 
(non-storm water discharges).
---------------------------------------------------------------------------

    \*\A project that is exempt form the Storm Water Management Law, 
due to the exemption at 38 MRSA 490-D(7)(D) and some other 
exemptions listed at 38 MRSA 490-D(7), is not required to complete a 
Maine storm water permit application.
---------------------------------------------------------------------------

    For a project requiring a permit pursuant to Maine's Storm Water 
Management Law, 38 MRSA 420-D, or otherwise required to meet Maine's 
storm water standards adopted pursuant to 38 MRSA 420-D, the following 
information is provided: a permit or variance application addressing 
Storm water, as approved by MDEP, is considered to meet the 
requirements of the storm water pollution prevention plan as described 
in Part IV.D.1, 2a, 2b, 2c(1-5), 3 and 4. Maine's permit or variance 
application addressing storm water, as approved by MDEP, is not 
considered to meet the requirements in Part IV.D.2c(6) and (7) which 
address threatened and endangered species and/or critical habitat and 
historic sites, or Part IV.D.5 (non storm water discharges).

[[Page 7915]]

5. MER10*##I: Indian Country Lands in the State of Maine.
    No additional requirements.
6. NHR10*###: State of New Hampshire, Except Indian County Lands
    No additional requirements.
7. RIR10*##I: Indian Country Lands in the State of Rhode Island
    No additional requirements.
8. VTR10*##F: Federal Facilities in the State of Vermont, Except Those 
Located on Indian Country Lands
    No additional requirements.

B. Region 2

1. NYR10*##I: Indian Country Lands in the State of New York
    No additional requirements.
2. PRR10*###: The Commonwealth of Puerto Rico
    No additional requirements.

C. Region 3

1. DCR10*###: The District of Columbia
    No additional requirements.
2. DER10*##F: Federal Facilities in the State of Delaware
    No additional requirements.

D. Region 7

1. IAR10*##I: Indian Country Lands in the State of Iowa
    No additional requirements.
2. KSR10*##I: Indian Country Lands in the State of Kansas
    No additional requirements.
3. NER10*##I: Indian Country Lands in the State of Nebraska, Except 
Pine Ridge Reservation Lands (see Region 8)
    No additional requirements.

E. Region 8

1. COR10*##F: Federal Facilities in the State of Colorado, Except Those 
Located on Indian Country Lands
    No additional requirements.
2. COR10*##I: Indian Country Lands in the State of Colorado, Including 
the Portion of the Ute Mountain Reservation Located in New Mexico
    No additional requirements.
3. MTR10*##I: Indian Country Lands in the State of Montana
    a. Confederated Salish & Kootenai Tribes of the Flathead 
Reservation. Copies of Notices of Intent (NOI), Notices of Termination 
(NOT), and Storm Water Pollution Prevention Plans (SWPPPs) must be 
submitted to the Confederated Salish and Kootenai Tribes' Natural 
Resources Department.
    (1) Part II.C.2 is added to the permit as follows:
    Special NOI Requirements for the Flathead Indian Reservation. NOIs 
shall also be submitted to the Confederated Salish and Kootenai Tribes 
at the same time they are submitted to EPA at the following address: 
Confederated Salish and Kootenai Tribes, Natural Resources Department, 
Department Head, P.O. Box 278, Pablo, MT 59855.
    (2) Part VIII.B.2 is added to the permit as follows:
    Special NOT Requirements for the Flathead Indian Reservation. NOTs 
shall also be submitted to the Confederated Salish and Kootenai Tribes 
at the same time they are submitted to EPA. NOTs are to be sent to the 
address given in Part II.C.2.
    (3) Part IV.A.3 is added to the permit as follows:
    Special Storm Water Pollution Prevention Plan Requirements for the 
Flathead Indian Reservation. Storm Water Pollution Prevention Plans 
(SWPPPs) must be submitted to the Confederated Salish and Kootenai 
Tribes' Natural Resources Department before a project on the Flathead 
Indian Reservation begins. SWPPPs are to be sent to the address given 
in Part II.C.2.
    b. All Other Indian Country lands in Montana. No additional 
requirements.
4. NDR10*##I: Indian Country Lands in the State of North Dakota, 
Including That Portion of the Standing Rock Reservation Located in 
South Dakota (Except for the Lake Traverse Reservation Which is Covered 
Under South Dakota Permit SDR10*##I Listed Below)
    No additional requirements.
5. SDR10*##I: Indian Country Lands in the State of South Dakota, 
Including the Portion of the Pine Ridge Reservation Located in Nebraska 
and the Portion of the Lake Traverse Reservation Located in North 
Dakota (Except for the Standing Rock Reservation Which is Covered Under 
North Dakota Permit NDR10*##I Listed Above)
    No additional requirements.
6. UTR10*##I: Indian Country Lands in the State of Utah, Except Goshute 
and Navajo Reservation Lands (see Region 9)
    No additional requirements.
7. WYR10*##I: Indian Country Lands in the State of Wyoming
    No additional requirements.

F. Region 9

1. ASR10*###: The Island of American Samoa
    No additional requirements.
2. AZR10*###: The State of Arizona, Except Indian Country Lands
    a. Part II.C.2 is added to the permit as follows:
    Special NOI Requirements for the State of Arizona. NOIs shall also 
be submitted to the State of Arizona Department of Environmental 
Quality at the following address: Storm Water Coordinator, Arizona 
Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, Arizona 85012.
    NOIs submitted to the State of Arizona shall include the well 
registration number if storm water associated with industrial activity 
is discharged to a dry well or an injection well.
    b. Part VIII.B.2 is added to the permit as follows:
    Special Not Requirement for the State of Arizona. NOTs shall also 
be submitted to the State of Arizona Department of Environmental 
Quality at the following address: Storm Water Coordinator, Arizona 
Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, Arizona 85012.
3. AZR10*##I: Indian Country Lands in the State of Arizona, Including 
Navajo Reservation Lands in New Mexico and Utah
    No additional requirements.
4. CAR10*##I: Indian Country Lands in the State of California
    No additional requirements.
5. GUR10*###I: The Island of Guam
    a. Part II.C.2 of the permit is added as follows:
    Special NOI Requirement for Guam. NOIs shall also be submitted to 
the following address: Guam Environmental Protection Agency, P.O. Box 
22439 GMF, Barrigada, Guam 96921.
    b. Part VI.L.4 is added to the permit as follows: Special 
Requirement for Guam. Individual permit applications required under 
this section shall also be submitted to the following address: Guam 
Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 
96921.
6. JAR10*###: Johnston Atoll
    No additional requirements.
7. MWR10*###: Midway Island and Wake Island
    No additional requirements.

[[Page 7916]]

8. NIR10*###: Commonwealth of the Northern Mariana Islands
    a. Part II.A.8 of the permit is added as follows:
    NOI Deadline for CNMI. The NOI submitted to the CNMI Department of 
Environmental Quality (DEQ) shall be postponed seven (7) calendar days 
prior to any storm water discharges.
    b. Part II.B.4 of the permit is added as follows:
    Additional Requirements for CNMI. The NOI submitted to CNMI and EPA 
Region 9 shall be accompanied by a letter from the CNMI DEQ approving 
the storm water pollution prevention plan required by Part IV of this 
permit.
    c. Part II.C.2 of the permit is added as follows:
    Special NOI Requirements for CNMI. NOIs shall also be submitted to 
the following addresses:

Commonwealth of the Northern Mariana Islands, Division of Environmental 
Quality, P.O. Box 1304, Saipan, MP 96950
EPA, Region 9, Section WTR-5, 75 Hawthorne Street, San Francisco, CA 
94105
    d. Part IV.A.3 of the permit is added as follows:
    Special Requirements for CNMI. Storm water pollution prevention 
plans (SWPPPs) required by this permit shall be submitted to the CNMI 
DEQ for review and approval along with applicable fees associated with 
a 401 Water Quality Certification prior to submittal of an NOI to EPA 
and the CNMI DEQ. SWPPPs are to be sent to the address given in Part 
II.C.2.
9. NVR10*##: Indian Country Lands in the State of Nevada, including the 
Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in 
Oregon and the Goshute Reservation in Utah
    No additional requirements.

G. Region 10

1. AKR10*###: The State of Alaska, Except Indian Country Lands
    a. Part II.C.2 is added to the permit as follows:
    Special NOI Requirements for the State of Alaska. A copy of the 
Notice of Intent must be sent to the Department of Environmental 
Conservation offices as listed below:
    For projects nearest to Anchorage or Fairbanks: Alaska Department 
of Environmental Conservation, Water Quality Permitting Section/Storm 
Water, 555 Cordova Street, Anchorage, AK 99501, (907) 563-6529, FAX 
(907) 562-4026.
    For projects in southeast Alaska, nearest to Juneau: Alaska 
Department of Environmental Conservation, Water Quality Permitting 
Section/Storm Water, 410 Willoughby Avenue, Juneau, AK 99801.
    b. Part IV.A.3 is added to the permit as follows:
    Special Storm Water Pollution Prevention Plan Requirements for the 
State of Alaska. Permittees shall obtain DEC approval of the Storm 
Water Pollution Prevention Plan for the construction site pursuant to 
18 AAC 72.600(a). Plans are to be approved and sealed by a Professional 
Engineer registered in the State of Alaska, shall be submitted to the 
same DEC office that the Notice of Intent is sent to, and shall be 
accompanied by any State-required fee. A failure to secure approval as 
provided in this paragraph shall be deemed a violation of this general 
permit, but shall not prevent storm water discharges from being 
authorized by this general permit. (18 AAC 72.600(a), 18 AAC 
72.610(a)(8), and 18 AAC 72.990(32)).
    c. Part IV. D.2.b.(3) is added to the permit as follows:
    Special Storm Water Management Requirements for the State of 
Alaska. The permittee is responsible for any post-stabilization 
requirements, such as the removal of pollution control devices and the 
control of pollutant discharges at that time, if these devices are not 
a permanent part of the pollution prevention controls after final 
stabilization.
    d. Part VIII.B.2 is added to the permit as follows:
    Special NOT Requirements for the State of Alaska. NOTs shall also 
be submitted to the State of Alaska at the same time they are submitted 
to EPA. NOTs are to be sent to the address given in Part II.C.2.
s. AKR10*##I: Indian Country Lands in Alaska
    No additional requirements.
3. IDR10*###: The State of Idaho, Except Indian Country lands
    a. Part III.F is added to the permit as follows:
    Special Water Quality Standard Requirements for the State of Idaho. 
In addition to the requirements for coverage identified in the subject 
permit, the Storm Water Pollution Prevention Plan (SWPPP) design and 
associated storm water discharge quality shall demonstrate compliance 
with applicable Idaho Water Quality Standards.
4. IDR10*##I: Indian Country Lands in the State of Idaho, Except Duck 
Valley Reservation Lands (see Region 9)
    No additional requirements.
5. ORR10*##I: Indian Country Lands in the State of Oregon Except Fort 
McDermitt Reservation Lands (see Region 9)
    No additional requirements.
6. WAR*##F: Federal Facilities in the State of Washington, Except Those 
Located on Indian Country Lands
    The Washington Department of Ecology includes these conditions to 
ensure compliance with R.W. 90.48.080 and rules referenced in the 
conditions above established in accordance with R.W. 90.48.035.
    a. Part III.F.1 is added to the permit as follows:
    Special Requirements for Federal Facilities in the State of 
Washington. The permittee is responsible for achieving compliance with 
State of Washington surface water quality standards (Chapter 173-201A 
WAC), sediment management standards (Chapter 173-204 WAC), ground water 
quality standards (Chapter 173-200 WAC), and human health based 
criteria in the National Toxics Rule (Federal Register, Vol. 57, No. 
246, Dec. 22, 1992, pages 60848-609233).
    b. Part III.F.2 is added to the permit as follows:
    Special Ground Water Protection Requirements for Federal Facilities 
in the State of Washington. Diversion of storm water discharges to 
ground water from existing discharges to surface water shall not be 
authorized by this permit if this causes a violation or the potential 
for violation of ground water standards (Chapter 173-200 WAC). Such 
discharges below the surface of the ground are also regulated by the 
Underground Injection Control Program (Chapter 173-218 WAC).
    c. Part III.F.3 is added to the permit as follows:
    Special Numeric Limitations for Federal Facilities in the State of 
Washington.
    Discharges of storm water to surface water from concrete batch or 
hot mix asphalt plants covered by this permit shall have an average 
monthly or daily maximum pH between 6.0-9.0 and a turbidity of less 
than 50 NTUs.
    Discharges of storm water to the ground from concrete batch or hot 
mix asphalt plants covered by this permit shall have an average monthly 
or daily maximum pH between 6.5-8.5.
    It needs to be reiterated that this permit does not authorize the 
discharge

[[Page 7917]]

of process water from concrete batch or hot mix asphalt plants.
    d. Part III.F.4 is added to the permit as follows:
    Special Requirement for Federal Facilities in the State of 
Washington. ``Comeback Asphalt'' must be contained within a lined area 
so that no leaching to ground or surface water can occur.
7. WAR10*##I: Indian Country Lands in the State of Washington
    a. Confederated Tribes of the Chehalis Reservation. Copies of 
Notices of Intent (NOI) and Storm Water Pollution Prevention Plans 
(SWPPPs) must be submitted to the Chehalis Tribal Department of Natural 
Resources.
    (1) Part II.C.2 is added to the permit as follows:
    Special NOI Requirements for the Confederated Tribes of the 
Chehalis Reservation.
    NOI shall also be submitted to the Confederated Tribes of the 
Chehalis Reservation at the same time they are submitted to EPA at the 
following address: Confederated Tribes of Chehalis Reservation, 
Department of Natural Resources, 420 Howanut Road, Oakville, WA 98568.
    (2) Part IV.A.3 is added to the permit as follows:
    Special Storm Water Pollution Prevention Plan Requirements for the 
Confederated Tribes of the Chehalis Reservation. Storm Water Pollution 
Prevention Plans (SWPPPs) must be submitted to the Chehalis Tribal 
Department of Natural Resources for review and approval prior to the 
beginning of any discharge activities taking place. SWPPPs are to be 
sent to the address given in Part II.C.2.
    (3) Part III.I is added to the permit as follows:
    Special Water Quality Standard Requirements for the Confederated 
Tribes of the Chehalis Reservation. The permittee shall be responsible 
for achieving compliance with Confederated Tribes of Chehalis 
Reservation's Water Quality Standards.
    b. Puyallup Tribe of Indians. Copies of Notices of Intent (NOI) and 
Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to 
the Puyallup Tribe Environmental Department.
    (1) Part II.C.2 of the permit is added as follows:
    Special NOI Requirements for the Puyallup Tribe of Indians. NOIs 
shall also be submitted to the Puyallup Tribe Environmental Department 
at the same time they are submitted to EPA at the following address: 
Puyallup Tribe Environmental Department, 2002 E. 28th St., Tacoma, WA 
98404.
    (2) Part IV.A.3 is added to the permit as follows:
    Special Storm Water Pollution Prevention Plan Requirements for the 
Puyallup Tribe of Indians. Storm Water Pollution Prevention Plans 
(SWPPPs) must be submitted to the Puyallup Tribe Environmental 
Department for review and approval prior to the beginning of any 
discharge activities taking place. SWPPPs are to be sent to the address 
given in Part II.C.2.
    (3) Part III.F. is added to the permit as follows:
    Special Water Quality Standard Requirements for the Puyallup Tribe 
of Indians. Each permittee shall be responsible for achieving 
compliance with the Puyallup Tribe's Water Quality Standards.
    c. All Other Indian Country lands in Washington. No additional 
requirements.

Addendum A--Endangered Species

I. Instructions for Applicants

A. Background

    To meet its obligations under the Clean Water Act and the 
Endangered Species Act (ESA) and to promote these Acts' goals, the 
Environmental Protection Agency (EPA) is seeking to ensure the 
activities regulated by the Construction General Permit (CGP) are 
protective of endangered and threatened species and critical habitat. 
To ensure that those goals are met, applicants for CGP coverage are 
required under Part I.B.3.e. to assess the impacts of their storm water 
discharges and storm water discharge-related activities on Federally 
listed endangered and threatened species (``listed species'') and 
designated critical habitat (``critical habitat'') by following Steps 
One through Six listed below. EPA strongly recommends that applicants 
follow these steps at the earliest possible stage to ensure that 
measures to protect listed species and critical habitat are incorporate 
early in the planning process. At minimum, the procedures should be 
followed when developing the storm water pollution prevention plan.
    Permittees and applicants also have an independent ESA obligation 
to ensure that their activities do not result in any prohibited 
``takes'' of listed species.\1\ Many of the measures required in the 
CGP and in these instructions to protect species may also assist 
permittees in ensuring that their construction activities do not result 
in a prohibited take of species in violation of section 9 of the ESA. 
Applicants who plan construction activities in areas that harbor 
endangered and threatened species are advised to ensure that they are 
protected from potential takings liability under ESA section 9 by 
obtaining either an ESA section 10 permit or by requesting formal 
consultation under ESA section 7 (as described in more detail in Step 
Seven below). Applicants who seek protection from takings liability 
should be aware that it is possible that some specific construction 
activities may be too unrelated to storm water discharges to be 
afforded incidental take coverage through an ESA section 7 consultation 
that is performed to meet the eligibility requirements for CGP 
coverage. In such instances, applicants should apply for an ESA section 
10 permit. Where applicants are not sure whether to pursue a section 10 
permit or a section 7 consultation for takings protection, they should 
confer with the appropriate Fish and Wildlife Service (FWS) or National 
Marine Fisheries Service (NMFS) office.
---------------------------------------------------------------------------

    \1\ Section 9 of the ESA prohibits any person from ``taking'' a 
listed species (e.g., harassing or harming it) unless: (1) The 
taking is authorized through a ``incidental take statement'' as part 
of undergoing ESA Sec. 7 formal consultation; (2) where an 
incidental take permit is obtained under ESA Sec. 10 (which requires 
the development of a habitat conservation plan); or (3) where 
otherwise authorized or exempted under the ESA. This prohibition 
applies to all entities including private individuals, businesses, 
and governments.
---------------------------------------------------------------------------

    This permit provides for the Possibility of multiple permittees at 
a construction site. Applicants should be aware that in many cases they 
can meet the permit eligibility requirements by relying on another 
operator's certification of eligibility under Part 1.B.3.e.(2)(a), (b), 
or (c). this is allowed under Part I.B.3.e.(2)(d) of the permit. 
However, the other operator's certification must apply to the 
applicant's project area and must address the effects from the 
applicant's storm water discharges and storm water discharge-related 
activities on listed species and critical habitat. By certifying 
eligibility under Part I.B.3.e.(2)(d), the applicant agrees to comply 
with any measures or controls upon which the other operator's 
certification under Part I.B.3.e.(2)(a), (b) or (c) was based. This 
situation will typically occur where a developer or primary contractor, 
such as one for construction of a subdivision or industrial part, 
conducts a comprehensive assessment of effects on listed species and 
critical habitat for the entire construction project, certifies 
eligibility under Part I.B.3.e.(2)(a), (b) or (c), and that 
certification is relied upon by other operators (i.e., contractors) at

[[Page 7918]]

the site. However, applicants that consider relying on another 
operator's certification should carefully review that certification 
along with any supporting information. If an applicant does not believe 
that the operator's certification provides adequate coverage for the 
applicant's storm water discharges and storm water discharge-related 
activities or for the applicant's particular project area, the 
applicant should provide its own independent certification under Part 
I.B.3.e.(2)(a), (b), or (c).

B. Procedures

    To receive coverage under the Construction General Permit, 
applicants must assess the potential effects of their storm water 
discharges and storm water discharge-related activities on listed 
species and their critical habitat. To make this assessment, applicants 
must follow the steps outlined below prior to completing and submitting 
Notice of Intent (NOI) form. Applicants who are able to certify 
eligibility under Parts I.B.3.e.(2)(b), (c) or (d) because of a 
previously issued ESA section 10 permit, a previously completed ESA 
section 7 consultation, or because the applicant's activities were 
already addressed in another operator's certification of eligibility 
may proceed directly to Step Six.

    Note--The revised NOI form which was included in the CGP (see 62 
FR 29822-29823, June 2, 1997) requires that applicants provide 
detailed certification information on listed species. That form is 
still under development and is not expected to be finalized before 
this permit is issued. Until the revised NOI form is finalized, 
applicants must use the existing NOI form which does not contain the 
specific certification provisions relating to listed species and 
critical habitats at construction projects. However, use of the 
existing NOI form does not relieve applicants of their obligation to 
follow the procedures listed below to determine if their 
construction storm water discharges or storm water discharge-related 
activities meet permit eligibility requirements for the protection 
of listed species and critical habitat. By following these 
instructions, applicants will have sufficient information on listed 
species and critical habitat in order to complete either the 
existing or revised NOI form and sign the certification statement.
Step One: Determine if the Construction Site is Found Within Designated 
Critical Habitat for Listed Species
    Some, but not all, listed species have designated critical habitat. 
Exact locations of such habitat is provided in the Service regulations 
at 50 CFR Parts 17 and 226. To determine if their construction site 
occurs within designated critical habitat, applicants should either:
     Contact the nearest Fish and Wildlife Service (FWS) and 
National Marine Fisheries Service (NMFS) Office. A list of FWS and NMFS 
offices is found in Section II of this Addendum; or
     Contact the State or Tribal Natural Heritage Centers. 
These centers compile and disseminate information on Federally listed 
and other protected species. They frequently have the most current 
information on listed species and critical habitat. A list of these 
centers is provided in Section III of this Addendum; or
     Review those regulations (which can be found in many 
larger libraries).
    If the construction site is not located in designated critical 
habitat, then the applicant does not need to consider impacts to 
critical habitat when following Steps Two through Six below. If the 
site is located within critical habitat, then the applicant must look 
at impacts to critical habitat when following Steps Two through Six. 
Note that many but not all measures imposed to protect listed species 
under these steps will also protect critical habitat. Thus, meeting the 
eligibility requirements of this permit may require measures to protect 
critical habitat that are separate from those to protect listed 
species.
Step Two: Determine if Listed Species are Located in the County(ies) 
Where the Construction Activity Will Occur
    Section IV of the Addendum contains a county-by-county list of 
listed endangered and threatened species (``listed species''), and 
proposed endangered and threatened species (``proposed species''). 
Since the list was current as of September 1, 1997, applicants must 
also check with other sources for updated species and county 
information. These sources include: Sections II and III of this 
Addendum; EPA's Office of Wastewater Management's web page at ``http://
www.epa.gov/owm'' where updates of the county-by-county list will be 
posted on a periodic basis; Federal Register Notices; State wildlife 
protection offices; a biologist or similar professional in the 
environmental field; or any other method which can be reasonably 
expected to provide this information. Applicants with construction 
projects located in EPA Region 2 can call the Storm Water General 
Permits Hotline at (800) 245-6510 for further assistance, while 
applicants with projects located in EPA Regions 1, 3, 7, 8, 9 and 10 
may contact the appropriate EPA Regional Office.
    Where a facility is located in more than one county, the lists for 
all counties should be reviewed. Where a facility discharges into a 
water body which serves as a border between counties or which crosses a 
county line which is in the immediate vicinity of the point of 
discharge, applicants should also review the species list for the 
county which lies immediately downstream or is across the water body 
from the point of discharge.
    After a review of the available information from the sources 
mentioned above, if no listed species are located in a facility's 
county or if a facility's county is not listed, and the construction 
site is not located in critical habitat as described under Step One, an 
applicant is eligible for CGP coverage without further inquiry into the 
presence of, or effect to, listed species. The applicant must check the 
appropriate certification item on the revised NOI form (Part 
I.B.3.e.(2)(a)).
    Once the applicant has determined which listed species are located 
in his or her facility's county, the applicant must follow Step Three.
Step Three: Determine if Any Federally Listed Endangered and Threatened 
Species May Be Present in the Project Area
    The project area consists of:
     The areas on the construction site where storm water 
discharges originate and flow toward the point of discharge into the 
receiving waters (including areas where excavation, site development, 
or other ground disturbance activities occur) and the immediate 
vicinity.
    Example(s)
    1. Where bald eagles nest in a tree that is on or bordering a 
construction site and could be disturbed by the construction activity.
    2. Where grading causes storm water to flow into a small wetland or 
other habitat that is on the site which contains listed species.
     The areas where storm water discharges flow from the 
construction site to the point of discharge into receiving waters.
    Example(s)
    1. Where storm water flows into a ditch, swale, or gully which 
leads to receiving waters and where listed species (such as amphibians) 
are found in the ditch, swale, or gully.
     The areas where storm water from construction activities 
discharge into receiving waters and the areas in the immediate vicinity 
of the point of discharge.
    Example(s)
    1. Where storm water from construction activities discharges into a

[[Page 7919]]

stream segment that is known to harbor listed aquatic species.
     The areas where storm water BMPs will be constructed and 
operated, including any areas where storm water flows to and from BMPs.
    Example(s)
    1. Where a storm water retention pond would be built.
    The protect area will vary with the size and structure of the 
construction activity, the nature and quantity of the storm water 
discharges, the storm water discharge-related activities and the type 
of receiving water. Given the number of construction activities 
potentially covered by the CGP, no specific method to determine whether 
listed species may be located in the project area is required for 
coverage under the CGP. Instead, applicants should use the method which 
allows them to determine, to the best of their knowledge, whether 
listed species are located in their project area. These methods may 
include:
     Conducting visual inspections: This method may be 
particularly suitable for construction sites that are smaller in size 
or located in non-natural settings such as highly urbanized areas or 
industrial parks where there is little or no natural habitat, or for 
construction activities that discharge directly into municipal storm 
water collection systems.
     Contacting the nearest State or Tribal wildlife agency, 
the Fish and Wildlife Service (FWS), or the National Marine Fisheries 
Service (NMFS). Many endangered and threatened species are found in 
well-defined areas or habitats. Such information is frequently known to 
State, Tribal, or Federal wildlife agencies. A list of FWS and NMFS 
offices is provided in section II of this Addendum below.
     Contacting local/regional conservation groups or the State 
or Tribal Natural Heritage Centers (see section III of this Addendum). 
State and local conservation groups may have location specific listed 
species information. The Natural Heritage Centers inventory species and 
their locations and maintain lists of sightings and habitats.
     Submitting a data request to a Natural Heritage Center. 
Many of these centers will provide site specific information on the 
presence of listed species in a project area. Some of these centers 
will charge a fee for researching data requests.
     Conducting a formal biological survey. Larger construction 
sites with extensive storm water discharges may choose to conduct 
biological surveys as the most effective way to assess whether species 
are located in the project area and whether there are likely adverse 
effects. Biological surveys are frequently performed by environmental 
consulting firms. A biological survey can be used to follow Steps Four 
through Six of these instructions.
     Conducting an environmental assessment under the National 
Environmental Policy Act (NEPA). Some construction activities may 
require environmental assessments under NEPA. Such assessments may 
indicate if listed species are in the project area. Coverage under the 
CGP does not trigger such an assessment because the permit does not 
regulate any dischargers subject to New Source Performance Standards 
under section 306 of the Clean Water Act, and is thus statutorily 
exempted from NEPA. See CWA section 511(c). However, some construction 
activities might require review under NEPA because of Federal funding 
or other Federal involvement in the project.
    If no species are found in the project area, an applicant is 
eligible for CGP coverage. Applicants must provide the necessary 
certification on the revised NOI form. If listed species are found in 
the project area, applicants must indicate the location and nature of 
this presence in the storm water pollution prevention plan and follow 
Step Four.
Step Four: Determine if Listed Species or Critical Habitat Are Likely 
To Be Adversely Affected by the Construction Activity's Storm Water 
Discharges or Storm Water Discharge-Related Activities
    To receive CGP coverage, applicants must assess whether their storm 
water discharges or storm water discharge-related activities are likely 
to adversely affect listed species or critical habitat. ``Storm water 
discharge-related activities'' include:
     Activities which cause, contribute to, or result in point 
source storm water pollutant discharges, including but not limited to 
excavation, site development, grading, and other surface disturbance 
activities; and
     Measures to control storm water discharges including the 
siting, construction, operation of best management practices (BMPs) to 
control, reduce or prevent storm water pollution.
    Potential adverse effects from storm water discharges and storm 
water discharge-related activities include:
     Hydrological. Storm water discharges may cause siltation, 
sedimentation or induce other changes in receiving waters such as 
temperature, salinity or pH. These effects will vary with the amount of 
storm water discharged and the volume and condition of the receiving 
water. Where a storm water discharge constitutes a minute portion of 
the total volume of the receiving water, adverse hydrological effects 
are less likely. Construction activity itself may also alter drainage 
patterns on a site where construction occurs which can impact listed 
species or critical habitat.
     Habitat. Excavation, site development, grading, and other 
surface disturbance activities from construction activities, including 
the installation or placement of storm water BMPs, may adversely affect 
listed species or their habitat. Storm water may drain or inundate 
listed species habitat.
     Toxicity. In some cases, pollutants in storm water may 
have toxic effects on listed species.
    The scope of effects to consider will vary with each site. If the 
applicant is having difficulty in determining whether his or her 
project is likely to adversely affect a listed specie or critical 
habitat, then the appropriate office of the FWS, NMFS or Natural 
Heritage Center listed in sections II and III of this Addendum should 
be contacted for assistance. If adverse effects are not likely, then 
the applicant should make the appropriate certification on the revised 
NOI form and apply for coverage under the permit. If adverse effects 
are likely, applicants must follow Step Five.
Step Five: Determine if Measures Can Be Implemented to Avoid Any 
Adverse Effects
    If an applicant makes a preliminary determination that adverse 
effects are likely, it can still receive coverage under Part 
I.B.3.e.(2)(a) of the CGP if appropriate measures are undertaken to 
avoid or eliminate the likelihood of adverse effects prior to applying 
for permit coverage. These measures may involve relatively simple 
changes to construction activities such as re-routing a storm water 
discharge to bypass an area where species are located, relocating BMPs, 
or by changing the ``footprint'' of the construction activity. 
Applicants may wish to contact the FWS and/or NMFS to see what 
appropriate measures might be suitable to avoid or eliminate the 
likelihood of adverse impacts to listed species and/or critical 
habitat. (See 50 CFR 402.13(b)). This can entail the initiation of 
informal consultation with the FWS and/or NMFS which is described in 
more detail in Step Six.
    If applicants adopt measures to avoid or eliminate adverse affects, 
they must continue to abide by those measures during the course of 
permit coverage. These measures must be described in

[[Page 7920]]

the storm water pollution prevention plan and may be enforceable as 
permit conditions. If appropriate measures to avoid the likelihood of 
adverse effects are not available to the applicant, the applicant must 
follow Step Six.
Step Six: Determine if the Eligibility Requirements of Part 
I.B.3.e.(2)(b)-(d) Can Be Met
    Where adverse effects are likely, the applicant must contact the 
EPA and FWS/NMFS. Applicants may still be eligible for CGP coverage if 
any likely adverse effects can be addressed through meeting the 
criteria of Part I.B.3.e.(2)(b)-(d) of the permit. These criteria are 
as follows:
    1. An ESA Section 7 Consultation Is Performed for the Applicant's 
Activity (See Part I.B.3.e.(2)(b).
    Formal or informal ESA section 7 consultation is performed with the 
FWS and/or NMFS which addresses the effects of the applicant's storm 
water discharges and storm water discharge-related activities on listed 
species and critical habitat. The formal consultation must result in 
either a ``no jeopardy opinion'' or a ``jeopardy opinion'' that 
identifies reasonable and prudent alternatives to avoid jeopardy which 
are to be implemented by the applicant. The informal consultation must 
result in a written concurrence by the Service(s) on a finding that the 
applicant's storm water discharge(s) and storm water discharge-related 
activities are not likely to adversely affect listed species or 
critical habitat (for informal consultation, see 50 CFR 402.13).
    Most consultations are accomplished through informal consultation. 
By the terms of this permit, EPA has automatically designated 
applicants as non-Federal representatives for the purpose of conducting 
informal consultations. See Part I.B.3.e.(5) and 50 CFR 402.08 and 
402.13. When conducting informal ESA section 7 consultation as a non-
Federal representative, applicants must follow the procedures found in 
50 CFR 402 of the ESA regulations.
    Applicants must also notify EPA and the Services of their intention 
and agreement to conduct consultation as a non-Federal representative. 
Consultation may occur in the context of another Federal action at the 
construction site (e.g., where ESA section 7 consultation was performed 
for issuance of a wetlands dredge and fill permit for the project or 
where a NEPA review is performed for the project which incorporates a 
section 7 consultation). Any terms and conditions developed through 
consultations to protect listed species and critical habitat must be 
incorporated into the SWPPP. As noted above, applicants may, if they 
wish, initiate consultation with the Services at Step Five.
    Whether ESA section 7 consultation must be performed with either 
the FWS, NMFS or both Services depends on the listed species which may 
be affected by the applicant's activity. In general, NMFS has 
jurisdiction over marine, estuarine, and anadromous species. Applicants 
should also be aware that while formal section 7 consultation provides 
protection from incidental takings liability, informal consultation 
does not.
    2. An Incidental Taking Permit Under Section 10 of the ESA is 
Issued for the Applicants Activity (See Part I.B.3.e.(2)(c)).
    The applicant's construction activities are authorized through the 
issuance of a permit under section 10 of the ESA and that authorization 
addresses the effects of the applicant's storm water discharge(s) and 
storm water discharge-related activities on listed species and critical 
habitat. Applicants must follow FWS and/or NMFS procedures when 
applying for an ESA Section 10 permit (see 50 CFR section 
17.22(b)(1)(FWS) and section 222.22(NMFS)). Application instructions 
for section 10 permits for NMFS species can be obtained by (1) 
accessing the ``Office of Protected Resources'' sector of the NMFS Home 
Page at ``http://www.nmfs.gov'' or (2) by contacting the National 
Marine Fisheries Service, Office of Protected Resources, Endangered 
Species Division, F/PR3,1315 East-West Highway, Silver Spring, Maryland 
20910, telephone (301) 713-1401, fax (301) 713-0376.
    3. The Applicant is Covered Under the Eligibility Certification of 
Another Operator for the Project Area (See Part I.B.3.e.(2)(d)).
    The applicant's storm water discharges and storm water discharge-
related activities were already addressed in another operator's 
certification of eligibility under Part I.B.3.e.(2)(b), or (c) which 
also included the applicant's project area. By certifying eligibility 
under Part I.B.3.e.(2)(d), the applicant agrees to comply with any 
measures or controls upon which the other operator's certification 
under Part I.B.3.e.(2)(a), (b) or (c) was based. Certification under 
Part I.B.3.e.(2)(d) is discussed in more detail in section I.A. of this 
addendum.
    The applicant must comply with any terms and conditions imposed 
under the eligibility requirements of paragraphs I.B.3.e(2)(a), (b), 
(c), (d) to ensure that its storm waters discharges and storm water 
discharge-related activities are protective of listed species and/or 
critical habitat. Such terms and conditions must be incorporated in the 
project's SWPPP. If the eligibility requirements of Part 
I.B.3.e.(2)(a)-(d) cannot be met, then the applicant may not receive 
coverage under the CGP. Applicants should then consider applying to EPA 
for an individual permit.

II. List of Fish and Wildlife Service and National Marine Fisheries 
Service Offices

A. U.S. Fish and Wildlife Service Offices

National Website for Endangered Species Information

    Endangered Species Home page: http://www.fws.gov/
r9endspp/endspp.html.

Regional, State, Field and Project Offices

Region 1

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 911 NE 11 Avenue, Portland, OR 97232-4181, 
(503) 231-6121

State, Field and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, P.O. Box 50088, 
300 Ala Moana Blvd., Rm 3108, Honolulu, HI 96850
Field Supervisor, U.S. Fish and Wildlife Service, Upper Columbia R. 
Basin F&W Office, 11103 East Montgomery Drive, Ste 2, Spokane, WA 
99306
State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and 
Wildlife Office, 2600 S.E 98th Avenue, Suite 100, Portland, OR 97266
Field Supervisor, U.S. Fish and Wildlife Service, Snake River Basin 
F&W Office, 1387 South Vinnell Way, Room 368, Boise, ID 83709
State Supervisor, U.S. Fish and Wildlife Service, Nevada State 
Office, 4600 Kietzke Lane, Building C, Rm. 125, Reno, NV 89502-5093
State Supervisor, U.S. Fish and Wildlife Service, Western Washington 
F&W Office, 510 Desmond Dr., Suite 102, Lacey, WA 98503-1273
Field Supervisor, U.S. Fish and Wildlife Service, Klamath Falls F&W 
Office, 6600 Washburn Way, Klamath Falls, OR 97603
Field Supervisor, U.S. Fish and Wildlife Service, Klamath River F&W 
Office, 1215 South Main, Suite 212, Yreka, CA 96097-1006
Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office, 2730 Loker Avenue West, Carlsbad, CA 92008
Field Supervisor, U.S. Fish and Wildlife Service, Ventura Field 
Office, 2493 Portola Road, Suite B, Ventura, CA 93003
Project Leader, U.S. Fish and Wildlife Service, Coastal California 
Fish and

[[Page 7921]]

Wildlife Office, 1125 16th St., Rm. 209, Arcata, CA 95521-5582
Project Leader, U.S. Fish and Wildlife Service, Northern Central 
Valley F&W Office, 10959 Tyler Road, Red Bluff, CA 96080
State Supervisor, U.S. Fish and Wildlife Service, California State 
Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 95821-6340
Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish & 
Wildlife Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 
95821-6340

Region 2

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, P.O. Box 1306, Albuquerque, NM 87103

State, Field, and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, Corpus Christi 
Field Office, 6300 Ocean Dr., Campus Box 338, Corpus Christi, TX 
78412
Field Supervisor, U.S. Fish and Wildlife Service, Arlington Field 
Office, 711 Stadium Dr., East, Suite 252, Arlington, TX 76011
Field Supervisor, U.S. Fish and Wildlife Service, Clear Lake Field 
Office, 17629 El Camino Real, Suite 211, Houston, TX 77058
Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Field 
Office, 222 S. Houston, Suite A, Tulsa, OK 74127
Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Field 
Office, 2105 Osuna, NE, Albuquerque, NM 87113
Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological 
Serv. Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758
Field Supervisor, U.S. Fish and Wildlife Service, Arizona State 
Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951

Region 3

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Service, BHW Federal Bldg, 1 Federal Drive, Fort 
Snelling, MN 55111-4056

State, Field, and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, Chicago, Illinois 
Field Office, 1000 Hart Rd., Suite 180, Barrington, IL 60010
Field Supervisor, U.S. Fish and Wildlife Service, East Lansing Field 
Office, 2651 Coolidge Road, East Lansing, MI 48823
Field Supervisor, U.S. Fish and Wildlife Service, Reynoldsburg Field 
Office, 6950 Americana Parkway, Suite H, Reynoldsburg, OH 43068-4132
Field Supervisor, U.S. Fish and Wildlife Service, Bloomington Field 
Office, 620 South Walker Street, Bloomington, IN 47403-2121
Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities E.S. 
Field Office, 4101 East 80th Street, Bloomington, MN 55425-1665
Field Supervisor, U.S. Fish and Wildlife Service, Columbia Field 
Office, 608 East Cherry Street, Room 200, Columbia, MO 65201-7712
Field Supervisor, U.S. Fish and Wildlife Service, Green Bay Field 
Office, 1015 Challenger Court, Green Bay, WI 54311-8331
Field Supervisor, U.S. Fish and Wildlife Service, Rock Island Field 
Office, 4469 48th Avenue Court, Rock Island, IL 61201
Field Supervisor, U.S. Fish and Wildlife Service, Marion Suboffice, 
Route 3, Box 328, Marion, IL 62959-4565

Region 4

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 1875 Century Blvd., Suite 200, Atlanta, GA 
30345

State, Field, and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, Panama City Field 
Office, 1612 June Avenue, Panama City, FL 32405-3721
Field Supervisor, U.S. Fish and Wildlife Service, South Florida 
Ecosystem Field Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676, Vero 
Beach, FL 32961-2676
Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Field 
Office, P.O. Box 491, Boqueron, PR 00622
Field Supervisor, U.S. Fish and Wildlife Service, Puerto Rican 
Parrot Field Office, P.O. Box 1600, Rio Grande, PR 00745
Field Supervisor, U.S. Fish and Wildlife Service, Brunswick Field 
Office, 4270 Norwich Street, Brunswick, GA 31520-2523
Field Supervisor, U.S. Fish and Wildlife Service, Jacksonville Field 
Office, 6620 Southpoint Drive S., Suite 310, Jacksonville, FL 32216-
0912
Field Supervisor, U.S. Fish and Wildlife Service, Charleston Field 
Office, 217 Ft. Johnson Road, P.O. Box 12559, Charleston, SC 29422-
2559
Field Supervisor, U.S. Fish and Wildlife Service, Clemson F.O., 
Dept. of Forest Resources, 261 Lehotsky Hall, Box 341003, Clemson, 
SC 29634-1003
Field Supervisor, U.S. Fish and Wildlife Service, Ralph Field 
Office, P.O. Box 33726, Raleigh, NC 27636-3726
Field Supervisor, U.S. Fish and Wildlife Service, Cookeville Field 
Office, 446 Neal Street, Cookeville, TN 38501
Field Supervisor, U.S. Fish and Wildlife Service, Asheville Field 
Office, 160 Zillicoa Street, Ashevile, NC 28801
Field Supervisor, U.S. Fish and Wildlife Service, Daphne Field 
Office, P.O. Drawer 1190, Daphne, AL 36526
Field Supervisor, U.S. Fish and Wildlife Service, Vicksburg Field 
Office, 2524 S. Frontage Road, Suite B, Vicksburg, MS 39180-5269
Field Supervisor, U.S. Fish and Wildlife Service, Lafayette Field 
Office, Brandywine II, Suite 102, 825 Kaliste Saloom Road, 
Lafayette, LA 70508
Field Supervisor, U.S. Fish and Wildlife Service, Jackson Field 
Office, 6578 Dogwood View Pkwy, Suite A, Jackson, MS 39213

Region 5

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 300 Westgate Center Drive, Hadley, MA 
01035-9589

State, Field and Project Offices

Project Leader, U.S. Fish and Wildlife Service, Delaware Bay Estuary 
Project, 2610 Whitehall Neck Road, Smyrna, DE 19977
Project Leader, U.S. Fish and Wildlife Service, Southern New 
England/NYBCE Program, Shoreline Plaza, Route 1A, P.O. Box 307, 
Charlestown, RI 02813
Project Leader, U.S. Fish and Wildlife Service, Gulf of Maine 
Project, 4 R Fundy Road, Falmouth, ME 04105
Project Leader, U.S. Fish and Wildlife Service, Chesapeake Bay Field 
Office, 177 Admiral Cochrane Drive, Annapolis, Maryland 21401
Project Leader, U.S. Fish and Wildlife Service, Virginia Field 
Office, P.O. Box 99, 6669 Short Lane, Gloucester, VA 23061
Project Leader, U.S. Fish and Wildlife Service, Southwestern 
Virginia Field Office, P.O. Box 2345, Abingdon, VA 24212
Project Leader, U.S. Fish and Wildlife Service, New England Field 
Office, 22 Bridge St., Unit #1, Concord, New Hampshire 03301-4986
Project Leader, U.S. Fish and Wildlife Service, Main Field Office, 
1033 South Main St., Old Town, Maine 04468
Project Leader, U.S. Fish and Wildlife Service, Rhode Island Field 
Office, Shoreline Plaza, Route 1A; P.O. Box 307, Charlestown, Rhode 
Island 02813
Project Leader, U.S. Fish and Wildlife Service, Vermont Field 
Office, 11 Lincoln Street, Winston Prouty Federal Building, Essex 
Junction, VT 05452
Project Leader, U.S. Fish and Wildlife Service, New Jersey Field 
Office, 927 North Main St., Bldg. D1, Pleasantville, New Jersey 
08232
Project Leader, U.S. Fish and Wildlife Service, New York Field 
Office, 3817 Luker Road, Cortland, New York 13045
Project Leader, U.S. Fish and Wildlife Service, Long Island Field 
Office, P.O. Box 608, Islip, New York 11751-0608
Project Leader, U.S. Fish and Wildlife Service, Pennsylvania Field 
Office, 315 S. Allen St., Suite 322, State College, Pennsylvania 
16801
Project Leader, U.S. Fish and Wildlife Service, Eastern Pennsylvania 
Field Office, 11 Hap Arnold Boulevard, Box H, Tobyhanna, 
Pennsylvania 18466-0080
Project Leader, U.S. Fish and Wildlife Service, West Virginia Field 
Office, Route 250, S--Elkins Shopping Plaza, Elkins, West Virginia 
26241

Region 6

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, P.O. Box 25486, DFC, Denver, CO 80225

[[Page 7922]]

State, Field, and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, Montana Field 
Office, 100 N. Park, Suite 320, Helena, MT 59601
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Billings Sub-
Office, 2900 4th Ave., North, Rm 301, Billings, MT 59101
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Kalispell 
Sub-Office, 780 Creston Hatchery Road, Kalispell, MT 59901
Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, 
Forestry Sciences Lab, University of Montana, Missoula, MT 59812
Field Supervisor, U.S. Fish and Wildlife Service, North Dakota Field 
Office, 1500 Capitol Avenue, Bismarck, ND 58501
Field Supervisor, U.S. Fish and Wildlife Service, Nebraska Field 
Office, 203 W. 2nd Street, Federal Bldg., 2nd Floor, Grand Island, 
NE 68801
Field Supervisor, U.S. Fish and Wildlife Service, Kansas Field 
Office, 315 Houston, Suite E, Manhattan, KS 66502
Field Supervisor, U.S. Fish and Wildlife Service, South Dakota Field 
Office, 420 S. Garfield Ave., Suite 400, Pierre, SD 57501-5408
Field Supervisor, U.S. Fish and Wildlife Service, Salt Lake City 
Field Office, Lincoln Plaza, 145 East 1300 South, Suite 404, Salt 
Lake City, UT 84115
Field Supervisor, U.S. Fish and Wildlife Service, Colorado Field 
Office, 730 Simms, Suite 290, Golden, CO 80401-4798
Field Supervisor, U.S. Fish and Wildlife Service, Western Colorado 
Field Office, 764 Horizon Drive South, Annex A, Grand Junction, CO 
81506-3946
Field Supervisor, U.S. Fish and Wildlife Service, Wyoming Field 
Office, 4000 Morrie Avenue, Cheyenne, WY 82001
E.S. Coordinator, U.S. Fish and Wildlife Service, Rocky Mountain 
Arsenal, National Wildlife Area, Building 111, Commerce City, CO 
80022-1748
Colorado River Recovery Coordinator, U.S. Fish and Wildlife Service, 
P.O. Box 25486, DFC, Denver, CO 80225
U.S. Fish and Wildlife Service, Laramie Black Footed Ferret Office, 
410 Grand Ave., Suite 315, Laramie, WY 80270

Region 7

Regional Office

Division Chief, Endangered Species, U.S. Fish and Wildlife Service, 
ARD Ecological Services, 1011 E. Tudor Road, Anchorage, AK 99503

State, Field, and Project Offices

Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501
Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 101 12th Avenue, Box 19 (Room 232), Fairbanks, AK 99701
Field Supervisor, U.S. Fish and Wildlife Service, Ketchikan Sub-
office, 103 Main Street, P.O. Box 3193, Ketchikan, AK 99901
Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, 300 Vintage Blvd., Suite 201, Juneau, AK 99801

Region 8

    Has not yet been created out of the other U.S. Fish and Wildlife 
Service Regions at the time of this posting.

Region 9

Janet Ady--Outreach, U.S. Fish and Wildlife Service, National 
Conservation Training Center, Route 3, Box 49, Kearneysville, WV 
25430
Dan Benfield--Training, U.S. Fish and Wildlife Service, National 
Conservation Training Center, Route 3, Box 49, Kearneysville, WV 
25430

B. National Marine Fisheries Service Offices

    The National Marine Fisheries Service is a developing a database to 
provide county and territorial water (up to three miles offshore) 
information on the presence of endangered and threatened species and 
critical habitat. the database is projected to be available to the 
public early 1998. The database should be found at the ``Office of 
Protected Resources'' site on the NMFS homepage at ``http://
www.nmfs.gov''.

Regional and Field Offices

Northeast Region

Protected Resources Program, National Marine Fisheries Service, 
Northeast Region, One Blackburn Drive, Gloucester, Massachusetts 
01930
Milford Field Office, National Marine Fisheries Service, 212 Rogers 
Avenue, Milford, Connecticut 06460
Oxford Field Office, National Marine Fisheries Service, 904 So. 
Morris Street, Oxford, Maryland 21654
Sandy Hook Field Office, James J. Howard Marine Sciences, 
Laboratory, National Marine Fisheries Service, 74 Magruder Road, 
Highlands, New Jersey 07732
Protected Species Branch, National Marine Fisheries Service, 
Northeast Fisheries Science Center, 166 Water Street, Woods Hole, 
Massachusetts 02543

Southeast Region

Protective Species Management Branch, National Marine Fisheries 
Service, Southeast Region, 9721 Executive Center Drive, St. 
Petersburg, Florida 33702-2432

Northwest Region

Protected Species Division, National Marine Fisheries Service, 
Northwest Region, 525 NE Oregon, Suite 500, Portland, Oregon 97232-
2737
Boise Field Office, National Marine Fisheries Service, 1387 S. 
Vinnel Way, Suite 377, Boise, Idaho 83709
Olympia Field Office, National Marine Fisheries Service, 510 Desmond 
Drive, SE, Suite 103, Lacey, Washington 98503
Roseburg Field Office, National Marine Fisheries Service, 2900 
Stewart Parkway, NW., Roseburg, Oregon 97470
Rufus Field Office, National Marine Fisheries Service, P.O. Box 67, 
704 ``E'' 1st, Rufus, Oregon 97050

Southwest Region

Protected Species Management Division, Southwest Region, National 
Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long 
Beach, California 90802-4213
Arcata Field Office, National Marine Fisheries Service, 1125 16th 
Street, Room 209, Arcata, California 95521
Eureka Field Office, National Marine Fisheries Service, 1330 
Bayshore Way, Eureka, California 95501
Pacific Island Area Field Office, National Marine Fisheries Service, 
2570 Dole Street, Room 106, Honolulu, Hawaii 96822-2396
Santa Rosa Field Office, Protected Resources Program, National 
Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa, 
California 95404

Alaska Region

Protected Resources Management Division, Alaska Region, National 
Marine Fisheries Service, 709 West 9th Street, Federal Building 461, 
P.O. Box 21767, Juneau, Alaska 99802
Anchorage Office, 222 West 7th Avenue, Box 10, Anchorage, Alaska 
99513-7577

III. Natural Heritage Centers

    The Natural Heritage Network comprises 85 biodiversity data centers 
throughout the Western Hemisphere. These centers collect, organize, and 
share data relating to endangered and threatened species and habitat. 
The network was developed to inform land-use decisions for developers, 
corporations, conservationists, and government agencies and is also 
consulted for research and educational purposes. The centers maintain a 
Natural Heritage Network Control Server Website (http://
www.heritage.tnc.org) which provides website and other access to a 
large number of specific biodiversity centers. Some of these centers 
are listed below:

Alabama Natural Heritage Program

Huntingdon College, Massey Hall, 1500 East Fairview Avenue, 
Montgomery, AL 36106-2148, (334) 834-4519, Fax: (334) 834-5439, 
Internet: alnhp@wsnet, com

Alaska Natural Heritage Program

University of Alaska Anchorage, 707 A Street, Anchorage, AK 99501, 
907/257-2702, Fax: 907/258-9139, Program Director: David Duffy, 257-
2707, Internet: [email protected]

Arizona Heritage Data Management System

Arizona Game & Fish Department, WM-H, 2221 W. Greenway Road, 
Phoenix, AZ 85023, 602/789-3612, Fax: 602/789-3928, Internet: 
[email protected], Internet: [email protected]

Arkansas Natural Heritage Commission

Suite 1500 Tower Building, 323 Center Street, Little Rock, AR 72201, 
501/324-9150, Fax: 501/324-9618,
Director: Harold K. Grimmett, -9614

[[Page 7923]]

California Natural Heritage Division

Department of Fish & Game, 1220 S Street, Sacramento, CA 95814, 
5916/322-2493, Fax: 916/324-0475

Colorado Natural Heritage Program

Colorado State University, 254 General Services Building, Fort 
Collins, CO 80523, 970/491-1309, Fax: 970/491-3349

Connecticut Natural Diversity Database

Natural Resources Center, Department of Environmental Protection, 
579 Elm Street, Store Level, Hartford, CT 06106-5127, 860/424-3540, 
Fax: 860/424-4058

Delaware Natural Heritage Program

Division of Fish & Wildlife, Department of Natural Resources & 
Environmental Control, 4876 Hay Point Landing Road, Smyrna, DE 
19977, 302/653-2880, Fax: 302/653-3431

District of Columbia Natural Heritage Program

13025 Riley's Lock Road, Poolesville, MD 20837, 301/427-1320, Fax: 
301/427-1355

Florida Natural Areas Inventory

1018 Thomasville Road, Suite 200-C, Tallahassee, FL 32303, 904/224-
8207, Fax: 904/681-9364

Florida Natural Areas Inventory

Eglin Air Force Base, P.O. Box 1150, Niceville, FL 32588, 904/883-
6451, Fax: 904/682-8381

Georgia Natural Heritage Program

Wildlife Resources Division, Georgia Department of Natural 
Resources, 2117 U.S. Highway 278 S.E., Social Circle, GA 30279, 706/
557-3032 or 770/918-6411, Fax: 706/557-3033 or 706/557-3040, 
Internet: natural [email protected]

Hawaii Natural Heritage Program

The Nature Conservancy of Hawaii, 1116 Smith Street, Suite 201, 
Honolulu, HI 96817, 808/537-4508, Fax: 808/545-2019

Idaho Conservation Data Center

Department of Fish & Game, 600 South Walnut Street, Box 25, Boise, 
ID 83707-0025, 208/334-3402, Fax: 208/334-2114

Illinois Natural Heritage Division

Department of Natural Resources, Division of Natural Heritage, 524 
South Second Street, Springfield, IL 62701-1787, 217/785-8774, Fax: 
217/785-8277

Illinois Nature Preserves Commission

Director: Carolyn Grosboll, Deputy Dir/Steward: Randy Heidorn, 
Deputy Dir/Protect: Don McFall, Office Specialist: Karen Tish, 217/
785-8774, Fax: 217/785-8277

Indiana Natural Heritage Data Center

Division of Nature Preserves, Department of Natural Resources, 402 
West Washington Street, Room W267, Indianapolis, IN 46204, 317/232-
4052, Fax: 317/233-0133

Iowa Natural Areas Inventory

Department of Natural Resources, Wallace State Office Building, Des 
Moines, IA 50319-0034, Fax: 515/281-6794, Coordinator/Zoologist: 
Daryl Howell, 515/281-8524

Kansas Natural Heritage Inventory

Kansas Biological Survey, 2041 Constant Avenue, Lawrence, KS 66047-
2906, 913/864-3453, Fax: 913/864-5093

Kentucky Natural Heritage Program

Kentucky State Nature Preserves, Commission, 801 Schenkel Lane, 
Frankfort, KY 40601, 502/573-2886, Fax: 502/573-2355

Louisiana Natural Heritage Program

Department of Wildlife & Fisheries, P.O. Box 98000, Baton Rouge, LA 
70898-9000, 504/765-2821, Fax: 504/765-2607

Maine Natural Areas Program

Department of Conservation, (FedEx/UPS: 159 Hospital Street), 93 
State House Station, Augusta, ME 04333-0093, 207/287-8044, Fax: 207/
287-8040, Internet: [email protected], Web site: http://
www.state.me.us/doc/mnap/home.htm

Maryland Heritage & Biodiversity Conservation Programs

Department of Natural Resources, Tawes State Office Building, E-1, 
Annapolis, MD 21401, 410/260-8540, Fax: 410/260-8595, Web site: 
http://www.heritage.tnc.org/nhp/us/md/

Massachusetts Natural Heritage & Endangered Species Program

Division of Fisheries & Wildlife, Route 135, Westborough, MA 01581, 
508/792-7270 ext. 200, Fax: 508/792-7275

Michigan Natural Features Inventory

Mason Building, 5th floor, (FedEx/UPS: 530 W. Allegan, 48933), Box 
30444, Lansing, MI 48909-7944, 517/373-1552, Fax: 517/373-6705, 
Director: Leni Wilsmann, 373-7565, Internet: 
[email protected]

Minnesota Natural Heritage & Nongame Research

Department of Natural Resources, 500 Lafayette Road, Box 7, St Paul, 
MN 55155, 612/297-4964, Fax: 612/297-4961

Mississippi Natural Heritage Program

Museum of Natural Science, 111 North Jefferson Street, Jackson, MS 
39201-2897, 601/354-7303, Fax: 601/354-7227

Missouri Natural Heritage Database

Missouri Department of Conservation, P.O. Box 180, (FedEx: 2901 West 
Truman Blvd), Jefferson City, MO 65102-0180, 573/751-4115, Fax: 573/
526-5582

Montana Natural Heritage Program

State Library Building, 1515 E. 6th Avenue, Helena, MT 59620, 406/
444-3009, Fax: 406/444-0581, Internet: mtnhp@nris,msl,mt.gov, 
Homepage/World Wide Web: http://nris.msl.mt.gov/mtnhp/nhp-dir.html

Navajo Natural Heritage Program

P.O. Box 1480, Window Rock, Navajo Nation, AZ 86515, (520) 871-7603, 
(520) 871-7069 (Fax)

Nebraska Natural Heritage Program

Game and Parks Commission, 2200 North 33rd Street, P.O. Box 30370, 
Lincoln, NE 68503, 402/471-5421, Fax: 402/471-5528

Nevada Natural Heritage Program

Department of Conservation & Natural, Resources, 1550 E. College 
Parkway, Suite 145, Carson City, NV 89706-7921, 702/687-4245, Fax: 
702/885-0868

New Hampshire Natural Heritage Inventory

Department of Resources & Economic, Development, 172 Pembroke 
Street, P.O. Box 1856, Concord, NH 03302, 603/271-3623, Fax: 603/
271-2629

New York Natural Heritage Program

Department of Environmental Conservation, 700 Troy-Schenectady Road, 
Latham, NY 12110-2400, 518/783-3932, Fax: 518/783-3916, Computer: 
518/783-3946

North Carolina Heritage Program

NC Department of Environment, Health & Natural Resources, Division 
of Parks & Recreation, P.O. Box 27687, Raleigh, NC 27611-7687, 919-
733-4181, Fax: 919/715-3085

North Dakota Natural Heritage Inventory

North Dakota Parks & Recreation Department, 1835 Bismarck 
Expressway, Bismarck, ND 58504, 701/328-5357, Fax: 701/328-5363

Ohio Natural Heritage Data Base

Division of Natural Areas & Preserves, Department of Natural 
Resources, 1889 Fountain Square, Building F-1, Columbus, OH 43224, 
614/265-6453, Fax: 614/267-3096

Oklahoma Natural Heritage Inventory

Oklahoma Biological Survey, 111 East Chesapeake Street, University 
of Oklahoma, Norman, OK 73019-0575, 405/325-1985, Fax: 405/325-7702, 
Web site: http://obssun02.uoknor.edu/biosurvey/onhi/home.html

Oregon Natural Heritage Program

Oregon Field Office, 821 SE 14th Avenue, Portland, OR 97214, 503/
731-3070; 230-1221, Fax: 503/230-9639

Pennsylvania Natural Diversity Inventory (East, West, Central)

*Pennsylvania Natural Diversity Inventory--East

The Nature Conservancy, 34 Airport Drive, Middletown, PA 17057, 717/
948-3962, Fax: 717/948-3957

*Pennsylvania Natural Diversity Inventory--West

Western Pennsylvania Conservancy, Natural Areas Program, 316 Fourth 
Avenue, Pittsburgh, PA 15222, 412/288-2777, Fax: 412/281-1792

[[Page 7924]]

*Pennsylvania Natural Diversity Inventory--Central

Bureau of Forestry, P.O. Box 8552, Harrisburg, PA 17105-8552, 717/
783-0388, Fax: 717/783-5109

Puerto Rico Natural Heritage Program

Division de Patrimonio Natural, Area de Planificacion Integral, 
Departamento de Recursos Naturales y Ambientales de Puerto Rico, 
P.O. Box 5887, Puerta de Tierra, Puerto Rico 00906, Tel: 787-722-
1726, Fax: 787-725-9526

Rhode Island Natural Heritage Program

Department of Environmental Management, Division of Planning & 
Development, 83 Park Street, Providence, RI 02903, 401/277-2776, 
x4308, Fax: 401/277-2069

South Carolina Heritage Trust

SC Department of Natural Resources, P.O. Box 167, Columbia, SC 
29202, 803/734-3893, Fax: 803/734-6310 (Call first)

South Dakota Natural Heritage Data Base

SD Department of Game, Fish & Parks, Wildlife Division, 523 E. 
Capitol Avenue, Pierre, SD 57501-3182, 605/773-4227, Fax: 605/773-
6224

Tennessee Division of Natural Heritage

Department of Environment & Conservation, 401 Church Street, Life 
and Casualty Tower, 8th Floor, Nashville, TN 37243-0447, 615/532-
0431, Fax: 615/532-0614

Texas Biological and Conservation Data System

3000 South IH-35, Suite 100, Austin, TX 78704, 512/912-7011, Fax: 
512/912-7058

U.S. Virgin Islands Conservation Data Center

Eastern Caribbean Center, University of the Virgin Islands, No. 2 
John Brewers Bay, St. Thomas, VI 00802, (809) 693-1030 [Voice], 
(809) 693-1025 [Fax], Home Page: cdc.uvi.edu, E-Mail: [email protected]

Utah Natural Heritage Program

Division of Wildlife Resources, 1596 West North Temple, Salt Lake 
City, UT 84116, 801/538-4761, Fax: 801/538-4709

Vermont Nongame & Natural Heritage Program

Vermont Fish & Wildlife Department, 103 S. Main Street, 10 South, 
Waterbury, VT 05671-0501, 802/241-3700, Fax: 802/241-3295

Virginia Division of Natural Heritage

Department of Conservation & Recreation, Main Street Station, 1500 
E. Main Street, Suite 312, Richmond, VA 23219, 804/786-7951, Fax: 
804/371-2674

Washington Natural Heritage Program

Department of Natural Resources, (FedEx: 1111 Washington Street, 
SE), P.O. Box 47016, Olympia, WA 98504-7016, 360/902-1340, Fax: 360/
902-1783

West Virginia Natural Heritage Program

Department of Natural Resources, Operations Center, Ward Road, P.O. 
Box 67, Elkins, WV 26241, 304/637-0245, Fax: 304/637-0250

Wisconsin Natural Heritage Program

Endangered Resources, Department of Natural Resources, 101 S. 
Webster Street, Box 7921, Madison, WI 53707, 608/266-7012, Fax: 608/
266-2925

Wyoming Natural Diversity Database

1604 Grand Avenue, Suite 2, Laramie, WY 82070, 307/745-5026, Fax: 
307/745-5026 (Call first), Internet: ``[email protected]''

                                             IV. County/Species List                                            
    [The following list identifies federally listed or proposed U.S. species by State and County. It has been   
updated through September 1, 1997. Note: Species listed below with a status of both E and T are generally either
endangered or threatened within the specified county. The assignment of two status designations for a species in
a specific county is a function of the data set used to develop this list. For purposes of this permit, however,
 the obligation to assess the impact of storm water discharges on listed species does not vary based on which of
    the two statuses (e.g., endangered threatened) is assigned (see Addendum A Instructions). Designation of    
critical habitat (CH) does not mean that the county constitutes critical habitat, only that critical habitat has
                        been designated for that species (see Addendum A Instructions).]                        
----------------------------------------------------------------------------------------------------------------
                                                                                                      Action/   
         State/County                Group name            Inverse name         Scientific name        Status   
----------------------------------------------------------------------------------------------------------------
            ALASKA                                                                                              
                                                                                                                
ALEUTIAN ISLANDS.............  BIRDS................  GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
ALEUTIAN ISLANDS.............  PLANTS...............  FERN, ALEUTIAN SHIELD  Polystichum           L, E         
                                                                              aleuticum.                        
ALEUTIANS, EAST..............  BIRDS................  EIDER, STELLER'S.....  Polysticta stelleri.  L, T         
ALEUTIANS, WEST..............  BIRDS................  EIDER, STELLER'S.....  Polysticta stelleri.  L, T         
ANCHORAGE AREA...............  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
FAIRBANKS AREA...............  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
KENAI PENINSULA..............  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MATANUSKA SUSITNA............  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
NORTH SLOPE..................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EIDER, SPECTACLED....  Somateria fischeri..  L, T         
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
NORTHWEST ARCTIC.............  BIRDS................  EIDER, SPECTACLED....  Somateria fischeri..  L, T         
UNORGANIZED BOROUGH..........  BIRDS................  EIDER, SPECTACLED....  Somateria fischeri..  L, T         
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                                                                                
        AMERICAN SAMOA                                                                                          
                                                                                                                
AMERICAN SAMOA...............  REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                                                                                
           ARIZONA                                                                                              
                                                                                                                
APACHE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SPINEDACE, LITTLE      Lepidomeda vittata..  L, T, CH     
                                                       COLORADO.                                                
                                                      TROUT, APACHE........  Salmo apache........  L, T         
                               PLANTS...............  FLEABANE, ZUNI.......  Erigeron rhizomatus.  L, T         
                                                      SEDGE, NAVAJO........  Carex specuicola....  L, T, CH     
COCHISE......................  AMPHIBIANS...........  SALAMANDER, SONORA     Ambystoma tigrinum..  L, E         
                                                       TIGER.                                                   
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CATFISH, YAQUI.......  Ictalurus pricei....  L, T, CH     
                                                      CHUB, YAQUI..........  Gila purpurea.......  L, E, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SHINER, BEAUTIFUL....  Notropis formosus...  L, T, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     

[[Page 7925]]

                                                                                                                
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  CACTUS, COCHISE        Coryphantha           L, T         
                                                       PINCUSHION.            robbinsorum                       
                                                                              (=Cochiseia r.,                   
                                                                              Escobaria r.).                    
                                                      LADIES'-TRESSES,       Spiranthes            P, E         
                                                       CANELO HILLS.          delitescens.                      
                               REPTILES.............  RATTLESNAKE, NEW       Crotalus willardi     L, T, CH     
                                                       MEXICAN RIDGE-NOSED.   obscurus.                         
COCONINO.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SPINEDACE, LITTLE      Lepidomeda vittata..  L, T         
                                                       COLORADO.                                                
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  VOLE, HUALAPAI         Microtus mexicanus    L, E         
                                                       MEXICAN.               hualpaiensis.                     
                               PLANTS...............  CACTUS, BRADY          Pediocactus bradyi..  L, E         
                                                       PINCUSHION.                                              
                                                      CACTUS, SILER          Pediocactus sileri..  L, T         
                                                       PINCUSHION.                                              
                                                      GROUNDSEL, SAN         Senecio franciscanus  L, T, CH     
                                                       FRANCISCO PEAKS.                                         
                                                      MILK-VETCH, SENTRY...  Astragalus            L, E         
                                                                              cremnophylax var                  
                                                                              cremnophylax.                     
                                                      MILKWEED, WELSH'S....  Asclepias welshii...  L, T, CH     
                                                      SEDGE, NAVAJO........  Carex specuicola....  L, T, CH     
                               SNAILS...............  AMBERSNAIL, KANAB....  Oxyloma haydeni       L, E         
                                                                              kanabensis.                       
GILA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                               PLANTS...............  AGAVE, ARIZONA.......  Agave arizonica.....  L, E         
                                                      CACTUS, ARIZONA        Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus var               
                                                                              arizonicus.                       
GRAHAM.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                                                      TROUT, APACHE........  Salmo apache........  L, T         
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                                                      SQUIRREL, MOUNT        Tamiasciurus          L, E, CH     
                                                       GRAHAM RED.            hudsonicus                        
                                                                              grahamensis.                      
                               PLANTS...............  CLIFFROSE, ARIZONA...  Cowania subintegra..  L, E         
GREENLEE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      TROUT, APACHE........  Salmo apache........  L, T         
LA PAZ.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
MARICOPA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      PRONGHORN, SONORAN...  Antilocapra           L, E         
                                                                              americana                         
                                                                              sonoriensis.                      
                               PLANTS...............  AGAVE, ARIZONA.......  Agave arizonica.....  L, E         
                                                      CACTUS, ARIZONA        Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus var               
                                                                              arizonicus.                       
                                                      CLIFFROSE, ARIZONA...  Cowania subintegra..  L, E         

[[Page 7926]]

                                                                                                                
MOHAVE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      CHUB, VIRGIN RIVER...  Gila robusta          L, E         
                                                                              seminuda.                         
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  VOLE, HUALAPAI         Microtus mexicanus    L, E         
                                                       MEXICAN.               hualpaiensis.                     
                               PLANTS...............  CACTUS, SILER          Pediocactus sileri..  L, T         
                                                       PINCUSHION.                                              
                                                      CLIFFROSE, ARIZONA...  Cowania subintegra..  L, E         
                                                      CYCLADENIA, JONES....  Cycladenia humilis    L, T         
                                                                              var jonesii.                      
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
                               SNAILS...............  AMBERSNAIL, KANAB....  Oxyloma haydeni       L, E         
                                                                              kanabensis.                       
NAVAJO.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SPINEDACE, LITTLE      Lepidomeda vittata..  L, T         
                                                       COLORADO.                                                
                                                      TROUT, APACHE........  Salmo apache........  L, T         
                               MAMMALS..............  JAGUAR...............  Panthera onca.......  L, E         
                               PLANTS...............  CACTUS, PEEBLES        Pediocactus           L, E         
                                                       NAVAJO.                peeblesianus var                  
                                                                              peeblesianus.                     
                                                      GRASS, PARISH'S        Puccinellia parishii  P, E         
                                                       ALKALI.                                                  
                                                      SEDGE, NAVAJO........  Carex specuicola....  L, T, CH     
PIMA.........................  BIRDS................  BOBWHITE, MASKED.....  Colinus virginianus   L, E         
                                                                              ridgwayi.                         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               FISHES...............  PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      PRONGHORN, SONORAN...  Antilocapra           L, E         
                                                                              americana                         
                                                                              sonoriensis.                      
                               PLANTS...............  BLUE-STAR, KEARNEY'S.  Amsonia kearneyana..  L, E         
                                                      CACTUS, NICHOL'S       Echinocactus          L, E         
                                                       TURK'S HEAD.           horizonthalonius                  
                                                                              var nicholii.                     
                                                      CACTUS, PIMA           Coryphantha scheeri   L, E         
                                                       PINEAPPLE.             var robustispina.                 
                               SNAILS...............  TALUSSNAIL, SAN        Sonorella eremita...  L, E         
                                                       XAVIER.                                                  
PINAL........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                               PLANTS...............  CACTUS, ARIZONA        Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus var               
                                                                              arizonicus.                       
                                                      CACTUS, NICHOL'S       Echinocactus          L, E         
                                                       TURK'S HEAD.           horizonthalonius                  
                                                                              var nicholii.                     
SANTA CRUZ...................  AMPHIBIANS...........  SALAMANDER, SONORA     Ambystoma tigrinum..  L, E         
                                                       TIGER.                                                   
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               FISHES...............  CHUB, SONORA.........  Gila ditaenia.......  L, T, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  CACTUS, PIMA           Coryphantha scheeri   L, E         
                                                       PINEAPPLE.             var robustispina.                 
                                                      LADIES'-TRESSES,       Spiranthes            P, E         
                                                       CANELO HILLS.          delitescens.                      
                                                      UMBEL, HUACHUCA WATER  Lilaeopsis            L, E         
                                                                              schaffneriana spp                 
                                                                              recuva.                           
YAVAPAI......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     

[[Page 7927]]

                                                                                                                
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                                                      TROUT, GILA..........  Salmo gilae.........  L, E         
                               PLANTS...............  AGAVE, ARIZONA.......  Agave arizonica.....  L, E         
                                                      CLIFFROSE, ARIZONA...  Cowania subintegra..  L, E         
YUMA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      PRONGHORN, SONORAN...  Antilocapra           L, E         
                                                                              americana                         
                                                                              sonoriensis.                      
                               REPTILES.............  LIZARD, FLAT-TAILED    Phrynosoma mcallii..  P, T         
                                                       HORNED.                                                  
                                                                                                                
          CALIFORNIA                                                                                            
                                                                                                                
ALAMEDA......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, LONGHORN       Branchinecta          L, E         
                                                       FAIRY.                 longiantenna.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                               INSECTS..............  BUTTERFLY, BAY         Euphydryas editha     L, T         
                                                       CHECKERSPOT.           bayensis.                         
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         
                                                      CLARKIA, PRESIDIO....  Clarkia franciscana.  L, E         
                                                      DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      FIDDLENECK, LARGE-     Amsinckia             L, E, CH     
                                                       FLOWERED.              grandiflora.                      
                                                      GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      MANZANITA, PALLID....  Arctostaphylos        P, T         
                                                                              pallida.                          
                                                      MANZANITA, PALLID....  Arctostaphylos        P, T         
                                                                              pallida.                          
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
                               REPTILES.............  WHIPSNAKE, ALAMEDA...  Masticophis           P, E         
                                                                              lateralis                         
                                                                              euryxanthus.                      
ALPINE.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                                                      TROUT, PAIUTE          Salmo clarki          L, T         
                                                       CUTTHROAT.             seleniris.                        
AMADOR.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  BUCKWHEAT, IONE......  Eriogonum apricum...  P, E         
                                                      BUCKWHEAT, IONE......  Eriogonum apricum...  P, E         
                                                      MANZANITA, IONE......  Arctostaphylos        P, T         
                                                                              myrtifolia.                       
                                                      MANZANITA, IONE......  Arctostaphylos        P, T         
                                                                              myrtifolia.                       
BUTTE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  SHRIMP, CONSERVANCY    Brancinecta           L, E         
                                                       FAIRY.                 conservatio.                      
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  MEADOWFOAM, BUTTE      Limnanthes floccosa   L, E         
                                                       COUNTY.                ssp. californica.                 
                                                      SPURGE, HOOVER'S.....  Chamaesyce hooveri..  L, T         
                                                      TUCTORIA, GREEN'S....  Tuctoria greenei....  L, E         
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
CALAVERAS....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               PLANTS...............  MANZANITA, IONE......  Arctostaphylos        P, T         
                                                                              myrtifolia.                       
                                                      MANZANITA, IONE......  Arctostaphylos        P, T         
                                                                              myrtifolia.                       
COLUSA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             

[[Page 7928]]

                                                                                                                
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
CONTRA COSTA.................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, LONGHORN       Branchinecta          L, E         
                                                       FAIRY.                 longiantenna.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BUTTERFLY, BAY         Euphydryas editha     L, T         
                                                       CHECKERSPOT.           bayensis.                         
                                                      BUTTERFLY, LANGE'S     Apodemia mormo        L, E         
                                                       METALMARK.             langei.                           
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      EVENING-PRIMROSE,      Oenothera deltoides   L, E, CH     
                                                       ANTIOCH DUNES.         ssp. howellii.                    
                                                      FIDDLENECK, LARGE-     Amsinckia             L, E, CH     
                                                       FLOWERED.              grandiflora.                      
                                                      GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      MANZANITA, PALLID....  Arctostaphylos        P, T         
                                                                              pallida.                          
                                                      MANZANITA, PALLID....  Arctostaphylos        P, T         
                                                                              pallida.                          
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
                                                      WALLFLOWER, CONTRA     Erysimum capitatum    L, E, CH     
                                                       COSTA.                 var angustatum.                   
                               REPTILES.............  WHIPSNAKE, ALAMEDA...  Masticophis           P, E         
                                                                              lateralis                         
                                                                              euryxanthus.                      
COWLITZ......................  FISHES...............  STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
DEL NORTE....................  AMPHIBIANS...........  FROG, CALIFORNIA RED-  Rana Aurora           L, T         
                                                       LEGGED.                Draytonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, COHO           Oncorhynchus kisutch  L, T         
                                                       (SOUTHERN OR/                                            
                                                       NORTHERN CA COAST).                                      
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               PLANTS...............  WALLFLOWER, MENZIE'S.  Erysimum menziesii..  L, E         
EL DORADO....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  BEDSTRAW, EL DORADO..  Galium californicum   L, E         
                                                                              ssp. Sierrae.                     
                                                      BUTTERWEED, LAYNE'S..  Senecio layneae.....  L, T         
                                                      CEANOTHUS, PINE HILL.  Ceanothus roderickii  L, E         
                                                      FLANNELBUSH, PINE      Fremontodendron       L, E         
                                                       HILL.                  californicum ssp.                 
                                                                              decumbens.                        
                                                      MORNING-GLORY,         Calystegia            L, E         
                                                       STEBBINS.              stebbinsii.                       
FRESNO.......................  PLANTS...............  ADOBE SUNBURST, SAN    Pseudobahia           L, T         
                                                       JOAQUIN.               peirsonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LITTLE KERN     Salmo aguabonita      L, T, CH     
                                                       GOLDEN.                whitei.                           
                                                      TROUT, PAIUTE          Salmo clarki          L, T         
                                                       CUTTHROAT.             seleniris.                        
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, FRESNO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      RAT, FRESNO KANGAROO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         

[[Page 7929]]

                                                                                                                
                                                      CARPENTERIA..........  Carpenteria           P, T         
                                                                              californica.                      
                                                      DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      GOLDEN SUNBURST,       Pseudobahia           L, E         
                                                       HARTWEG'S.             bahiifolia.                       
                                                      JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      OWL'S-CLOVER, FLESHY.  Castilleja            L, E         
                                                                              campestris ssp.                   
                                                                              succulenta.                       
                                                      PUSSYPAWS, MARIPOSA..  Calyptridium          P, E         
                                                                              pulchellum.                       
                                                      WOOLLY-STAR, HOOVER'S  Eriastrum hooveri...  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (crotaphytus) silus.              
                                                      SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
GLENN........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  GRASS, HAIRY ORCUTT..  Orcuttia pilosa.....  L, E         
                                                      SPURGE, HOOVER'S.....  Chamaesyce hooveri..  L, T         
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
HOKE.........................  PLANTS...............  ADOBE SUNBURST, SAN    Pseudobahia           L, T         
                                                       JOAQUIN.               peirsonii.                        
HUMBOLDT.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, COHO (CENTRAL  Oncorhynchus kisutch  L, E         
                                                       CALIFORNIA COAST                                         
                                                       POP).                                                    
                                                      SALMON, COHO           Oncorhynchus kisutch  L, T         
                                                       (SOUTHERN OR/                                            
                                                       NORTHERN CA COAST).                                      
                                                      STEELHEAD, NORTHERN    Oncorhynchus mykiss,  P, T         
                                                       CALIFORNIA             (Northern                         
                                                       POPULATION.            California ESU).                  
                               PLANTS...............  LAYIA, BEACH.........  Layia carnosa.......  L, E         
                                                      LILY, WESTERN........  Lilium occidentale..  L, E         
                                                      WALLFLOWER, MENZIE'S.  Erysimum menziesii..  L, E         
                               REPTILES.............  TURTLE, OLIVE          Lepidochelys          L, E, T      
                                                       (PACIFIC) RIDLEY SEA.  olivacea.                         
IMPERIAL.....................  AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               PLANTS...............  MILK-VETCH, PIERSON'S  Astragalus            P, E         
                                                                              magdalenae var.                   
                                                                              piersonii.                        
                               REPTILES.............  LIZARD, FLAT-TAILED    Phrynosoma mcallii..  P, T         
                                                       HORNED.                                                  
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
INYO.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      TOWHEE, INYO BROWN...  Pipilo fuscus         L, T, CH     
                                                                              eremophilus.                      
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               FISHES...............  CHUB, OWENS TUI......  Gila bicolor snyderi  L, E, CH     
                                                      DACE, ASH MEADOWS      Rhinichthys osculus   L, E, CH     
                                                       SPECKLED.              nevadensis.                       
                                                      PUPFISH, OWENS.......  Cyprinodon radiosus.  L, E         
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               MAMMALS..............  VOLE, AMARGOSA.......  Microtus              L, E, CH     
                                                                              californicus                      
                                                                              scirpensis.                       
                               PLANTS...............  CENTAURY, SPRING-      Centaurium            L, T, CH     
                                                       LOVING.                namophilum var.                   
                                                                              namophilum.                       
                                                      EVENING-PRIMROSE,      Oenothera avita ssp.  L, E         
                                                       EUREKA VALLEY.         eurekensis.                       
                                                      GRASS, EUREKA DUNE...  Swallenia alexandrae  L, E         
                                                      GUMPLANT, ASH MEADOWS  Grindelia fraxino-    L, T, CH     
                                                                              pratensis.                        
                                                      IVESIA, ASH MEADOWS..  Ivesia eremica......  L, T, CH     
                                                      MILK-VETCH, FISH       Astragalus            P, E         
                                                       SLOUGH.                lentiginosus var.                 
                                                                              Piscinensis.                      

[[Page 7930]]

                                                                                                                
                                                      MILK-VETCH, SHINING..  Astragalus            P, T         
                                                                              lentiginosus var.                 
                                                                              micans.                           
                                                      MILK-VETCH, SODAVILLE  Astragalus            P, T         
                                                                              lentiginosus var.                 
                                                                              seslquimetralis.                  
                                                      NITERWORT, AMARGOSA..  Nitrophila            L, E, CH     
                                                                              mohavensis.                       
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
KERN.........................  BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               INSECTS..............  MOTH, KERN PRIMROSE    Euproserpinus         L, T         
                                                       SPHINX.                euterpe.                          
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      KANGAROO RAT, TIPTON.  Dipodomys             L, E         
                                                                              nitratoides.                      
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                                                      RAT, TIPTON KANGAROO.  Dipodomys             L, E         
                                                                              nitratoides.                      
                               PLANTS...............  CACTUS, BAKERSFIELD..  Opuntia treleasei...  L, E         
                                                      GRASS, PARISH'S        Puccinellia parishii  P, E         
                                                       ALKALI.                                                  
                                                      JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      LILY, GREENHORN ADOBE  Fritillaria striata.  P, T         
                                                      MALLOW, KERN.........  Eremalche kernensis.  L, E         
                                                      MONKEY-FLOWER, KELSO   Mimulus shevockii...  P, E         
                                                       CREEK.                                                   
                                                      NAVARRETIA, PIUTE      Navarretia setiloba.  P, T         
                                                       MOUNTAINS.                                               
                                                      WOOLLY-STAR, HOOVER'S  Eriastrum hooveri...  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                                                      TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
KINGS........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, FRESNO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      KANGAROO RAT, TIPTON.  Dipodomys             L, E         
                                                                              nitratoides.                      
                                                      RAT, FRESNO KANGAROO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                                                      RAT, TIPTON KANGAROO.  Dipodomys             L, E         
                                                                              nitratoides.                      
                               PLANTS...............  JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      WOOLLY-STAR, HOOVER'S  Eriastrum hooveri...  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
LAKE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SPLITTAIL, SACRAMENTO  Pogonichthys          P, T         
                                                                              macrolepidotus.                   
                               PLANTS...............  COYOTE-THISTLE, LOCH   Eryngium constancei.  L, T         
                                                       LOMOND.                                                  
                                                      GOLDFIELDS, BURKE'S..  Lasthenia burkei....  L, E         
                                                      GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
LASSEN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SUCKER, MODOC........  Catostomus microps..  L, E, CH     
LOS ANGELELS.................  PLANTS...............  CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophiochilus.                      
                               BIRDS................  MOUNTAIN-MAHOGANY,     Cerocarpus traskiae.  L, E         
                                                       CATALINA ISLAND.                                         
                                                      MOUNTAIN-MAHOGANY,     Cerocarpus traskiae.  L, E         
                                                       CATALINA ISLAND.                                         
                                                      RUSH-ROSE, ISLAND....  Helianthemum greenei  L, T         
                                                      RUSH-ROSE, ISLAND....  Helianthemum greenei  L, T         
                               PLANTS...............  SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                               BIRDS................  WOODLAND-STAR, SAN     Lithophragma maximum  L, E         
                                                       CLEMENTE ISLAND.                                         
                                                      WOODLAND-STAR, SAN     Lithophragma maximum  L, E         
                                                       CLEMENTE ISLAND.                                         
                               AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      GNATCATCHER, COASTAL   Polioptila            L, T         
                                                       CALIFORNIA.            californica                       
                                                                              californica.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          

[[Page 7931]]

                                                                                                                
                                                      RAIL, LIGHT-FOOTED     Rallus longirostris   L, E         
                                                       CLAPPER.               levipes.                          
                                                      SHRIKE, SAN CLEMENTE   Lanius ludovicianus   L, E         
                                                       LOGGERHEAD.            mearnsi.                          
                                                      SPARROW, SAN CLEMENTE  Amphispiza belli      L, T         
                                                       SAGE.                  clementeae.                       
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               FISHES...............  CHUB, MOHAVE TUI.....  Gila bicolor          L, E         
                                                                              mohavensis.                       
                                                      GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STICKLEBACK,           Gasterosteus          L, E         
                                                       UNARMORED THREESPINE.  aculeatus                         
                                                                              williamsoni.                      
                               INSECTS..............  BUTTERFLY, EL SEGUNDO  Euphilotes            L, E         
                                                       BLUE.                  (=Shijimiaeoides)                 
                                                                              battoides allyni.                 
                                                      BUTTERFLY, PALOS       Glaucopsyche          L, E, CH     
                                                       VERDES BLUE.           lygdamus                          
                                                                              palosverdesensis.                 
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      MOUSE, PACIFIC POCKET  Perognathus           L, E         
                                                                              longimembris                      
                                                                              pacificus.                        
                               PLANTS...............  BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      BRODIAEA, THREAD-      Brodiaea filifolia..  P, T         
                                                       LEAVED.                                                  
                                                      BROOM, SAN CLEMENTE    Lotus dendroideus     L, E         
                                                       ISLAND.                ssp. traskiae.                    
                                                      BUSH-MALLOW, SAN       Malacothamnus         L, E         
                                                       CLEMENTE ISLAND.       clementinus.                      
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophi0chilus.                      
                                                      CROWNSCALE, SAN        Atriplex coronata     P, E         
                                                       JACINTO VALLEY.        var. notatior.                    
                                                      DUDLEYA, MARCESCENT..  Dudleya cymosa ssp.   L, T         
                                                                              marcescens.                       
                                                      DUDLEYA, SANTA MONICA  Dudleya cymosa ssp.   L, T         
                                                       MOUNTAINS.             ovatifolia.                       
                                                      FLANNELBUSH, MEXICAN.  Fremontodendron       P, T         
                                                                              mexicanum.                        
                                                      LARKSPUR, SAN          Delphinium kinkiense  L, E         
                                                       CLEMENTE ISLAND.                                         
                                                      MILK-VETCH,            Astragalus            L, E         
                                                       BRAUNTON'S.            brauntonii.                       
                                                      NAVARRETIA, SPREADING  Navarretia fossalis.  P, T         
                                                      ONION, MUNZ'S........  Allium munzii.......  P, E         
                                                      PAINTBRUSH, SAN        Castilleja grisea...  L, E         
                                                       CLEMENTE ISLAND                                          
                                                       INDIAN.                                                  
                                                      PENTACHAETA, LYON'S..  Pentachaeta lyonii..  P, E         
                                                      SPINEFLOWER, SLENDER-  Centrostegia          L, E         
                                                       HORNED.                leptoceras.                       
                                                      WATERCRESS, GAMBEL'S.  Rorippa gambellii...  L, E         
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                                                      LIZARD, ISLAND NIGHT.  Xantusia              L, T         
                                                                              (Klaubernina)                     
                                                                              riversiana.                       
                                                      TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
MADERA.......................  PLANTS...............  ADOBE SUNBURST, SAN    Pseudobahia           L, T         
                                                       JOAQUIN.               peirsonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                                                      TROUT, PAIUTE          Salmo clarki          L, T         
                                                       CUTTHROAT.             seleniris.                        
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      RAT, FRESNO KANGAROO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         
                                                      GOLDEN SUNBURST,       Pseudobahia           L, E         
                                                       HARTWEG'S.             bahiifolia.                       
                                                      GRASS, HAIRY ORCUTT..  Orcuttia pilosa.....  L, E         
                                                      LUPINE, CLOVER.......  Lupinus tidestromii.  L, E         
                                                      OWL'S-CLOVER, FLESHY.  Castilleja            L, E         
                                                                              campestris ssp.                   
                                                                              succulenta.                       
                                                      PUSSYPAWS, MARIPOSA..  Calyptridium          P, E         
                                                                              pulchellum.                       
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
MARIN........................  AMPHIBIANS...........  FROG, CALIFORNIA RED-  Rana Aurora           L, T         
                                                       LEGGED.                Draytonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                               CRUSTACEAN...........  SHRIMP, CALIFORNIA     Syncaris pacifica...  L, E         
                                                       FRESHWATER.                                              
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SALMON, COHO (CENTRAL  Oncorhynchus kisutch  L, E         
                                                       CALIFORNIA COAST                                         
                                                       POP).                                                    
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       

[[Page 7932]]

                                                                                                                
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                               INSECTS..............  BUTTERFLY, MISSION     Icaricia icarioides   L, E         
                                                       BLUE.                  missionensis.                     
                                                      BUTTERFLY, MYRTLE'S    Speyeria zerene       L, E         
                                                       SILVERSPOT.            myrtleae.                         
                               MAMMALS..............  MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  ALLOCARYA, CALISTOGA.  Plagiobothrys         P, E         
                                                                              strictus.                         
                                                      ALOPECURUS, SONOMA...  Alopecurus aequalis   P, E         
                                                                              var. sonomensis.                  
                                                      BLUEGRASS, NAPA......  Poa napensis........  P, E         
                                                      CHECKER-MALLOW,        Sidalcea oregana      P, E         
                                                       KENWOOD MARSH.         ssp. valida.                      
                                                      CLARKIA, VINE HILL...  Clarkia imbricata...  P, E         
                                                      CLOVER, SHOWY INDIAN.  Trifolum amoenum....  P, E         
                                                      CLOVER, SHOWY INDIAN.  Trifolum amoenum....  P, E         
                                                      DWARF-FLAX, MARIN....  Hesperolinon          L, T         
                                                                              congestum.                        
                                                      JEWELFLOWER, TIBURON.  Streptanthus niger..  P, E         
                                                      LARKSPUR, BAKER'S....  Delphinium bakeri...  P, E         
                                                      LARKSPUR, BAKER'S....  Delphinium bakeri...  P, E         
                                                      LAYIA, BEACH.........  Layia carnosa.......  L, E         
                                                      LILY, PITKIN MARSH...  Lilium pitkinense...  P, E         
                                                      LUPINE, CLOVER.......  Lupinus tidestromii.  L, E         
                                                      MILK-VETCH, CLARA      Astragalus clarianus  P, E         
                                                       HUNT'S.                                                  
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      PENTACHAETA, WHITE-    Pentachaeta           L, E         
                                                       RAYED.                 bellidiflora.                     
                                                      SEDGE, WHITE.........  Carex albida........  P, E         
                                                      SPINEFLOWER, SONOMA..  Chorizanthe valida..  L, E         
MARIPOSA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  LUPINE, MARIPOSA.....  Lupinus citrinus      P, E         
                                                                              var. deflexus.                    
                                                      PUSSYPAWS, MARIPOSA..  Calyptridium          P, E         
                                                                              pulchellum.                       
MENDOCINO....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, NORTHERN    Oncorhynchus mykiss,  P, T         
                                                       CALIFORNIA             (Northern                         
                                                       POPULATION.            California ESU).                  
                               INSECTS..............  BUTTERFLY, BEHREN'S    Speyeria zerene       P, E         
                                                       SILVERSPOT.            behrensii.                        
                                                      BUTTERFLY, LOTIS BLUE  Lycaeides             L, E         
                                                                              argyrognomon lotis.               
                               MAMMALS..............  BEAVER, POINT ARENA    Aplodontia rufa       L, E         
                                                       MOUNTAIN.              nigra.                            
                               PLANTS...............  GOLDFIELDS, BURKE'S..  Lasthenia burkei....  L, E         
                                                      GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      ROCK-CRESS,            Arabis mcdonaldiana.  L, E         
                                                       MCDONALD'S.                                              
                                                      SPINEFLOWER, HOWELL'S  Chorizanthe howellii  L, E         
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
                                                      WALLFLOWER, MENZIE'S.  Erysimum menziesii..  L, E         
                               REPTILES.............  TURTLE, OLIVE          Lepidochelys          L, E, T      
                                                       (PACIFIC) RIDLEY SEA.  olivacea.                         
MERCED.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, CONSERVANCY    Brancinecta           L, E         
                                                       FAIRY.                 conservatio.                      
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                               FISHES...............  STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, FRESNO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      RAT, FRESNO KANGAROO.  Dipodomys             L, E, CH     
                                                                              nitratoides exilis.               
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                               PLANTS...............  GRASS, COLUSA........  Neostapfia colusana.  L, T         
                                                      GRASS, HAIRY ORCUTT..  Orcuttia pilosa.....  L, E         
                                                      OWL'S-CLOVER, FLESHY.  Castilleja            L, E         
                                                                              campestris ssp.                   
                                                                              succulenta.                       
                                                      TUCTORIA, GREEN'S....  Tuctoria greenei....  L, E         
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                                                      SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         

[[Page 7933]]

                                                                                                                
MODOC........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SUCKER, LOST RIVER...  Deltistes luxatus...  L, E         
                                                      SUCKER, MODOC........  Catostomus microps..  L, E, CH     
                                                      SUCKER, SHORTNOSE....  Chasmistes            L, E         
                                                                              brevirostris.                     
                               PLANTS...............  BARBERRY, TRUCKEE....  Berberis (=Mahonia)   L, E         
                                                                              sonnei.                           
MONO.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               FISHES...............  CHUB, OWENS TUI......  Gila bicolor snyderi  L, E, CH     
                                                      PUPFISH, OWENS.......  Cyprinodon radiosus.  L, E         
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                                                      TROUT, PAIUTE          Salmo clarki          L, T         
                                                       CUTTHROAT.             seleniris.                        
                               PLANTS...............  MILK-VETCH, FISH       Astragalus            P, E         
                                                       SLOUGH.                lentiginosus var.                 
                                                                              piscinensis.                      
MONTEREY.....................  BIRDS................  POTENTILLA,            Potentilla hickmanii  P, E         
                                                       HICKMANN'S.                                              
                               AMPHIBIANS...........  FROG, CALIFORNIA RED-  Rana Aurora           L, T         
                                                       LEGGED.                Draytonii.                        
                                                      SALAMANDER, SANTA      Ambystoma             L, E         
                                                       CRUZ LONG-TOED.        macrodactylum                     
                                                                              croceum.                          
                               BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                               INSECTS..............  BUTTERFLY, SMITH'S     Euphilotes            L, E         
                                                       BLUE.                  (=Shijimiaeoides)                 
                                                                              enoptes smithi.                   
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      OTTER, SOUTHERN SEA..  Enhydra lutris        L, T         
                                                                              nereis.                           
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                               PLANTS...............  CINQUEFOIL, HICKMAN'S  Potentilla hickmanii  P, E         
                                                      CLOVER, MONTEREY.....  Trifolium             P, E         
                                                                              trichocalyx.                      
                                                      CYPRESS, GOWEN.......  Cupressus goveniana   P, T         
                                                                              ssp. goveniana.                   
                                                      DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      GILIA, MONTEREY......  Gilia tenuiflora      L, E         
                                                                              ssp. arenaria.                    
                                                      LAYIA, BEACH.........  Layia carnosa.......  L, E         
                                                      LUPINE, CLOVER.......  Lupinus tidestromii.  L, E         
                                                      MILK-VETCH, COASTAL    Astragalus tener      P, E         
                                                       DUNES.                 var. titi.                        
                                                      PIPERIA, YADON'S.....  Piperia yadonii.....  P, E         
                                                      SPINEFLOWER, MONTEREY  Chorizanthe pungens   L, T         
                                                                              var. pungens.                     
                                                      SPINEFLOWER, ROBUST..  Chorizanthe robusta   L, E         
                                                                              var. robusta.                     
                                                      WALLFLOWER, MENZIE'S.  Erysimum menziesii..  L, E         
                               REPTILES.............  LIZARD, BLACK LEGLESS  Anniella pulchra      P, E         
                                                                              nigra.                            
                                                      TURTLE, OLIVE          Lepidochelys          L, E, T      
                                                       (PACIFIC) RIDLEY SEA.  olivacea.                         
NAPA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, CALIFORNIA     Syncaris pacifica...  L, E         
                                                       FRESHWATER.                                              
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  ALLOCARYA, CALISTOGA.  Plagiobothrys         P, E         
                                                                              strictus.                         
                                                      ALOPECURUS, SONOMA...  Alopecurus aequalis   P, E         
                                                                              var. sonomensis.                  
                                                      BLUEGRASS, NAPA......  Poa napensis........  P, E         
                                                      CHECKER-MALLOW,        Sidalcea oregana      P, E         
                                                       KENWOOD MARSH.         ssp. valida.                      

[[Page 7934]]

                                                                                                                
                                                      CLARKIA, VINE HILL...  Clarkia imbricata...  P, E         
                                                      CLOVER, SHOWY INDIAN.  Trifolum amoenum....  P, E         
                                                      GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      LILY, PITKIN MARSH...  Lilium pitkinense...  P, E         
                                                      MILK-VETCH, CLARA      Astragalus clarianus  P, E         
                                                       HUNT'S.                                                  
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      SEDGE, WHITE.........  Carex albida........  P, E         
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
DNEVADA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               PLANTS...............  BARBERRY, TRUCKEE....  Berberis (=Mahonia)   L, E         
                                                                              sonnei.                           
DORANGE......................  AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GNATCATCHER, COASTAL   Polioptila            L, T         
                                                       CALIFORNIA.            californica                       
                                                                              californica.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, LIGHT-FOOTED     Rallus longirostris   L, E         
                                                       CLAPPER.               levipes.                          
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  SHRIMP, RIVERSIDE      Streptocephalus       L, E         
                                                       FAIRY.                 woottoni.                         
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                               MAMMALS..............  MOUSE, PACIFIC POCKET  Perognathus           L, E         
                                                                              longimembris                      
                                                                              pacificus.                        
                               PLANTS...............  ASTER, DEL MAR SAND..  Corethrogyne          P, E         
                                                                              filaginifolia var.                
                                                                              linifolia.                        
                                                      BACCHARIS, ENCINITAS.  Baccharis vanessae..  L, T         
                                                      BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      BRODIAEA, THREAD-      Brodiaea filifolia..  P, T         
                                                       LEAVED.                                                  
                                                      CROWN-BEARD, BIG-      Verbesina dissita...  L, T         
                                                       LEAVED.                                                  
                                                      CROWNSCALE, SAN        Atriplex coronata     P, E         
                                                       JACINTO VALLEY.        var. notatior.                    
                                                      DUDLEYA, MARCESCENT..  Dudleya cymosa ssp.   L, T         
                                                                              marcescens.                       
                                                      DUDLEYA, SANTA MONICA  Dudleya cymosa ssp.   L, T         
                                                       MOUNTAINS.             ovatifolia.                       
                                                      LIVEFOREVER, LAGUNA    Dudleya stolonifera.  P, E         
                                                       BEACH.                                                   
                                                      MANZANITA, DEL MAR...  Arctostaphylos        L, E         
                                                                              glandulosa ssp.                   
                                                                              crassifolia.                      
                                                      MILK-VETCH,            Astragalus            L, E         
                                                       BRAUNTON'S.            brauntonii.                       
                                                      MONARDELLA, WILLOWY..  Monardella linoides   P, E         
                                                                              ssp. viminea.                     
                                                      NAVARRETIA, SPREADING  Navarretia fossalis.  P, T         
                                                      ONION, MUNZ'S........  Allium munzii.......  P, E         
                                                      SPINEFLOWER, ORCUTT'S  Chorizanthe           L, E         
                                                                              orcuttiana.                       
                                                      TARWEED, OTAY........  Hemizonia conjugens.  P, E         
                                                      THORNMINT, SAN DIEGO.  Acanthomintha         P, E         
                                                                              ilicifolia.                       
                                                      WOOLLY-STAR, SANTA     Eriastrum             L, E         
                                                       ANA RIVER.             densifolium ssp.                  
                                                                              santorum.                         
PIMA.........................  BIRDS................  FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
PLACER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  BARBERRY, TRUCKEE....  Berberis (=Mohonia)   L, E         
                                                                              sonnei.                           
PLUMAS.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
RIVERSIDE....................  AMPHIBIANS...........  SALAMANDER, DESERT     Batrachoseps aridus.  L, E         
                                                       SLENDER.                                                 
                                                      TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      GNATCATCHER, COASTAL   Polioptila            L, T         
                                                       CALIFORNIA.            californica                       
                                                                              californica.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, RIVERSIDE      Streptocephalus       L, E         
                                                       FAIRY.                 woottoni.                         
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       

[[Page 7935]]

                                                                                                                
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               INSECTS..............  BUTTERFLY, QUINO       Euphydryas editha     L, E         
                                                       CHECKERSPOT.           quino.                            
                                                      FLY, DELHI SANDS       Rhophiamidas          L, E         
                                                       FLOWER-LOVING.         terminatus                        
                                                                              abdominalis.                      
                               MAMMALS..............  KANGAROO RAT,          Dipodomys stephensi.  L, T         
                                                       STEPHENS'.                                               
                                                      RAT, STEPHENS'         Dipodomys stephensi.  L, T         
                                                       KANGAROO.                                                
                               PLANTS...............  BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BRODIAEA, THREAD-      Brodiaea filifolia..  P, T         
                                                       LEAVED.                                                  
                                                      BUTTON-CELERY, SAN     Eryngium aristulatum  L, E         
                                                       DIEGO.                 var. parishii.                    
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophi0chilus.                      
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophi0chilus.                      
                                                      CROWNSCALE, SAN        Atriplex coronata     P, E         
                                                       JACINTO VALLEY.        var. notatior.                    
                                                      DAISY, PARISH'S......  Erigeron parishii...  L, T         
                                                      DOWNINGIA, CUYAMACA    Downingia concolor    P, E         
                                                       LAKE.                  var. brevior.                     
                                                      FLANNELBUSH, MEXICAN.  Fremontodendron       P, T         
                                                                              mexicanum.                        
                                                      GRASS, CALIFORNIA      Orcuttia californica  L, E         
                                                       ORCUTT.                                                  
                                                      MILK-VETCH, COACHELLA  Astragalus            P, E         
                                                       VALLEY.                lentiginosus var.                 
                                                                              coachellae.                       
                                                      MILK-VETCH, TRIPLE-    Astragalus            P, E         
                                                       RIBBED.                tricarinatus.                     
                                                      MINT, OTAY MESA......  Pogogyne nudiuscula.  L, E         
                                                      NAVARRETIA, SPREADING  Navarretia fossalis.  P, T         
                                                      ONION, MUNZ'S........  Allium munzii.......  P, E         
                                                      SPINEFLOWER, SLENDER-  Centrostegia          L, E         
                                                       HORNED.                leptoceras.                       
                                                      WOOLLY-STAR, SANTA     Eriastrum             L, E         
                                                       ANA RIVER.             densifolium ssp.                  
                                                                              santorum.                         
                               REPTILES.............  LIZARD, COACHELLA      Uma inornata........  L, T, CH     
                                                       VALLEY FRINGE-TOED.                                      
                                                      LIZARD, FLAT-TAILED    Phrynosoma mcallii..  P, T         
                                                       HORNED.                                                  
                                                      TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,=Scapto               
                                                                              chelys) agassizii.                
SACRAMENTO...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SMELT, DELTA.........  Hypomesus             L, T, CH     
                                                                              transpacificus.                   
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               PLANTS...............  EVENING-PRIMROSE,      Oenothera deltoides   L, E, CH     
                                                       ANTIOCH DUNES.         ssp. howellii.                    
                                                      GRASS, SACRAMENTO      Orcuttia viscida....  L, E         
                                                       ORCUTT.                                                  
                                                      GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
SAN BENITO...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  FLY, DELHI SANDS       Rhophiamidas          L, E         
                                                       FLOWER-LOVING.         terminatus                        
                                                                              abdominalis.                      
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                               PLANTS...............  DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      EVENING-PRIMROSE, SAN  Camissonia            L, T         
                                                       BENITO.                benitensis.                       
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
SAN BERNADINO................  BIRDS................  FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                               PLANTS...............  ONION, MUNZ'S........  Allium munzii.......  P, E         
                                                      SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                               AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      GNATCATCHER, COASTAL   Polioptila            L, T         
                                                       CALIFORNIA.            californica                       
                                                                              californica.                      
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, MOHAVE TUI.....  Gila bicolor          L, E         
                                                                              mohavensis.                       
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      STICKLEBACK,           Gasterosteus          L, E         
                                                       UNARMORED THREESPINE.  aculeatus                         
                                                                              williamsoni.                      

[[Page 7936]]

                                                                                                                
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               INSECTS..............  FLY, DELHI SANDS       Rhophiamidas          L, E         
                                                       FLOWER-LOVING.         terminatus                        
                                                                              abdominalis.                      
                               MAMMALS..............  KANGAROO RAT,          Dipodomys stephensi.  L, T         
                                                       STEPHENS'.                                               
                                                      RAT, STEPHENS'         Dipodomys stephensi.  L, T         
                                                       KANGAROO.                                                
                                                      VOLE, AMARGOSA.......  Microtus              L, E, CH     
                                                                              californicus                      
                                                                              scirpensis.                       
                               PLANTS...............  BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BLADDERPOD, SAN        Lesquerella kingii    L, E         
                                                       BERNARDINO MOUNTAINS.  ssp. bernardina.                  
                                                      BLUECURLS, HIDDEN      Trichostema           P, T         
                                                       LAKE.                  austromontanum ssp.               
                                                                              compactum.                        
                                                      BLUEGRASS, SAN         Poa atropurpurea....  P, E         
                                                       BERNARDINO.                                              
                                                      BRODIAEA, THREAD-      Brodiaea filifolia..  P, T         
                                                       LEAVED.                                                  
                                                      BUCKWHEAT, CUSHENBURY  Eriogonum             L, E         
                                                                              ovalifolium var.                  
                                                                              vineum.                           
                                                      BUCKWHEAT, SOUTHERN    Eriogonum kennedyi    P, T         
                                                       MOUNTAIN WILD.         var. austromontanum.              
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophiochilus.                      
                                                      CEANOTHUS, VAIL LAKE.  ceanothus             P, T         
                                                                              ophiochilus.                      
                                                      CHECKER-MALLOW,        Sidalcea pedata.....  L, E         
                                                       PEDATE.                                                  
                                                      CROWNSCALE, SAN        Atriplex coronata     P, E         
                                                       JACINTO VALLEY.        var. notatior.                    
                                                      DAISY, PARISH'S......  Erigeron parishii...  L, T         
                                                      DANDELION, CALIFORNIA  Taraxacum             P, E         
                                                                              californicum.                     
                                                      FLANNELBUSH, MEXICAN.  Fremontodendron       P, T         
                                                                              mexicanum.                        
                                                      GRASS, PARISH'S        Puccinellia parishii  P, E         
                                                       ALKALI.                                                  
                                                      MILK-VETCH,            Astragalus albens...  L, E         
                                                       CUSHENBURY.                                              
                                                      MILK-VETCH, LANE       Astragalus            P, E         
                                                       MOUNTAIN.              jaegerianus.                      
                                                      MILK-VETCH, TRIPLE-    Astragalus            P, E         
                                                       RIBBED.                tricarinatus.                     
                                                      MUSTARD, SLENDER-      Thelypodium           L, E         
                                                       PETALED.               stenopetalum.                     
                                                      NAVARRETIA, SPREADING  Navarretia fossalis.  P, T         
                                                      OXYTHECA, CUSHENBURY.  Oxytheca parishii     L, E         
                                                                              var. goodmaniana.                 
                                                      PAINTBRUSH, ASH-GREY   Castilleja cinerea..  P, T         
                                                       INDIAN.                                                  
                                                      ROCK-CRESS,            Arabis johnstonii...  P, T         
                                                       JOHNSTON'S.                                              
                                                      SANDWORT, BEAR VALLEY  Arenaria ursina.....  P, T         
                                                      SPINEFLOWER, SLENDER-  Centrostegia          L, E         
                                                       HORNED.                leptoceras.                       
                                                      WATERCRESS, GAMBEL'S.  Rorippa gambellii...  L, E         
                                                      WOOLLY-STAR, SANTA     Eriastrum             L, E         
                                                       ANA RIVER.             densifolium ssp.                  
                                                                              santorum.                         
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,=Scapto               
                                                                              chelys) agassizii.                
SAN DIEGO....................  AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      GNATCATCHER, COASTAL   Polioptila            L, T         
                                                       CALIFORNIA.            californica                       
                                                                              californica.                      
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, LIGHT-FOOTED     Rallus longirostris   L, E         
                                                       CLAPPER.               levipes.                          
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  SHRIMP, RIVERSIDE      Streptocephalus       L, E         
                                                       FAIRY.                 woottoni.                         
                                                      SHRIMP, SAN DIEGO      Branchinecta          P, E         
                                                       FAIRY.                 sandiegoensis.                    
                               FISHES...............  CHUB, MOHAVE TUI.....  Gila bicolor          L, E         
                                                                              mohavensis.                       
                                                      GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      PUPFISH, DESERT......  Cyprinodon            L, E, CH     
                                                                              macularius.                       
                                                      STICKLEBACK,           Gasterosteus          L, E         
                                                       UNARMORED THREESPINE.  aculeatus                         
                                                                              williamsoni.                      
                               INSECTS..............  SKIPPER, LAGUNA        Pyrgus ruralis        L, E         
                                                       MOUNTAIN.              lagunae.                          
                               MAMMALS..............  KANGAROO RAT,          Dipodomys stephensi.  L, T         
                                                       STEPHENS'.                                               
                                                      MOUSE, PACIFIC POCKET  Perognathus           L, E         
                                                                              longimembris                      
                                                                              pacificus.                        
                                                      RAT, STEPHENS'         Dipodomys stephensi.  L, T         
                                                       KANGAROO.                                                
                               PLANTS...............  ASTER, DEL MAR SAND..  Corethrogyne          P, E         
                                                                              filaginifolia var.                
                                                                              linifolia.                        
                                                      BACCHARIS, ENCINITAS.  Baccharis vanessae..  L, T         
                                                      BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BARBERRY, NEVIN'S....  Berberis nevinii....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BEARGRASS, DEHESA....  Nolina interrata....  P, T         
                                                      BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      BRODIAEA, THREAD-      Brodiaea filifolia..  P, T         
                                                       LEAVED.                                                  
                                                      BUTTON-CELERY, SAN     Eryngium aristulatum  L, E         
                                                       DIEGO.                 var. parishii.                    
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophiochilus.                      
                                                      CEANOTHUS, VAIL LAKE.  Ceanothus             P, T         
                                                                              ophi0chilus.                      
                                                      CROWN-BEARD, BIG-      Verbesina dissita...  L, T         
                                                       LEAVED.                                                  

[[Page 7937]]

                                                                                                                
                                                      CROWNSCALE, SAN        Atriplex coronata     P, E         
                                                       JACINTO VALLEY.        var. notatior.                    
                                                      DOWNINGIA, CUYAMACA    Downingia concolor    P, E         
                                                       LAKE.                  var. brevior.                     
                                                      FLANNELBUSH, MEXICAN.  Fremontodendron       P, T         
                                                                              mexicanum.                        
                                                      GRASS, CALIFORNIA      Orcuttia californica  L, E         
                                                       ORCUTT.                                                  
                                                      LIVEFOREVER, LAGUNA    Dudleya stolonifera.  P, E         
                                                       BEACH.                                                   
                                                      MANZANITA, DEL MAR...  Arctostaphylos        L, E         
                                                                              glandulosa ssp.                   
                                                                              crassifolia.                      
                                                      MEADOWFOAM, PARISH'S.  Limnanthes gracilis   P, T         
                                                                              ssp. parishii.                    
                                                      MILK-VETCH, PIERSON'S  Astragalus            P, E         
                                                                              magdalenae var.                   
                                                                              piersonii.                        
                                                      MINT, OTAY MESA......  Pogogyne nudiuscula.  L, E         
                                                      MINT, SAN DIEGO MESA.  Pogogyne abramsii...  L, E         
                                                      MONARDELLA, WILLOWY..  Monardella linoides   P, E         
                                                                              ssp. viminea.                     
                                                      NAVARRETIA, SPREADING  Navarretia fossalis.  P, T         
                                                      ONION, MUNZ'S........  Allium munzii.......  P, E         
                                                      SPINEFLOWER, ORCUTT'S  Chorizanthe           L, E         
                                                                              orcuttiana.                       
                                                      SPINEFLOWER, SLENDER-  Centrostegia          L, E         
                                                       HORNED.                leptoceras.                       
                                                      TARWEED, OTAY........  Hemizonia conjugens.  P, E         
                                                      THORNMINT, SAN DIEGO.  Acanthomintha         P, E         
                                                                              ilicifolia.                       
                                                      WATERCRESS, GAMBEL'S.  Rorippa gambellii...  L, E         
                               REPTILES.............  LIZARD, FLAT-TAILED    Phrynosoma mcallii..  P, T         
                                                       HORNED.                                                  
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, OLIVE          Lepidochelys          L, E, T      
                                                       (PACIFIC) RIDLEY SEA.  olivacea.                         
SAN FRANCISCO................  PLANTS...............  SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                               INSECTS..............  BUTTERFLY, BAY         Euphydryas editha     L, T         
                                                       CHECKERSPOT.           bayensis.                         
                                                      BUTTERFLY, CALLIPPE    Speyeria callippe     P, E         
                                                       SILVERSPOT.            callippe.                         
                                                      BUTTERFLY, MISSION     Icaricia icarioides   L, E         
                                                       BLUE.                  missionensis.                     
                                                      BUTTERFLY, MYRTLE'S    Speyeria zerene       L, E         
                                                       SILVERSPOT.            myrtleae.                         
                               PLANTS...............  CLARKIA, PRESIDIO....  Clarkia franciscana.  L, E         
                                                      DWARF-FLAX, MARIN....  Hesperolinon          L, T         
                                                                              congestum.                        
                                                      JEWELFLOWER, METCALF   Streptanthus albidus  P, E         
                                                       CANYON.                ssp. albidus.                     
                                                      LAYIA, BEACH.........  Layia carnosa.......  L, E         
                                                      LESSINGIA, SAN         Lessingia germanorum  L, E         
                                                       FRANCISCO.                                               
                                                      LILY, TIBURON          Calochortus           L, T         
                                                       MARIPOSA.              tiburonensis.                     
                                                      MANZANITA, PRESIDIO    Arctostaphylos        L, E         
                                                       (=RAVEN'S).            pungens ssp.                      
                                                                              ravenii.                          
                                                      MANZANITA, SAN BRUNO   Arctostaphylos        P, E         
                                                       MOUNTAIN.              imbricata.                        
DSAN JOAQUIN.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SMELT, DELTA.........  Hypomesus             L, T, CH     
                                                                              transpacificus.                   
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         
                                                      FIDDLENECK, LARGE-     Amsinckia             L, E, CH     
                                                       FLOWERED.              grandiflora.                      
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
DSAN LUIS OBISPO.............  PLANTS...............  SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                               BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, LONGHORN       Branchinecta          L, E         
                                                       FAIRY.                 longiantenna.                     
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        

[[Page 7938]]

                                                                                                                
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      OTTER, SOUTHERN SEA..  Enhydra lutris        L, T         
                                                                              nereis.                           
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                                                      RAT, MORRO BAY         Dipodomys heermanni   L, E, CH     
                                                       KANGAROO.              morroensis.                       
                               PLANTS...............  BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      CLARKIA, PISMO.......  Clarkia speciosa      L, E         
                                                                              ssp. immaculata.                  
                                                      JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      MANZANITA, MORRO.....  Arctostaphylos        L, T         
                                                                              morroensis.                       
                                                      MOUNTAINBALM, INDIAN   Eriodictyon           L, E         
                                                       KNOB.                  altissimum.                       
                                                      SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                                                      SEA-BLITE, CALIFORNIA  Suaeda californica..  L, E         
                                                      THISTLE, CHORRO CREEK  Cirsium fontinale     L, E         
                                                       BOG.                   var. obispoense.                  
                                                      WATERCRESS, GAMBEL'S.  Rorippa gambellii...  L, E         
                                                      WOOLLY-STAR, HOOVER'S  Eriastrum hooveri...  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                               SNAILS...............  SNAIL, MORRO           Helminthoglypta       L, E         
                                                       SHOULDERBAND.          walkeriana.                       
SAN MATEO....................  AMPHIBIANS...........  FROG, CALIFORNIA RED-  Rana Aurora           L, T         
                                                       LEGGED.                Draytonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, COHO (CENTRAL  Oncorhynchus kisutch  L, E         
                                                       CALIFORNIA COAST                                         
                                                       POP).                                                    
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                               INSECTS..............  BUTTERFLY, BAY         Euphydryas editha     L, T         
                                                       CHECKERSPOT.           bayensis.                         
                                                      BUTTERFLY, MISSION     Icaricia icarioides   L, E         
                                                       BLUE.                  missionensis.                     
                                                      BUTTERFLY, SAN BRUNO   Callophrys mossii     L, E         
                                                       ELFIN.                 bayensis.                         
                               MAMMALS..............  MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  CYPRESS, SANTA CRUZ..  Cupressus abramsiana  L, E         
                                                      LESSINGIA, SAN         Lessingia germanorum  L, E         
                                                       FRANCISCO.                                               
                                                      MANZANITA, SAN BRUNO   Arctostaphylos        P, E         
                                                       MOUNTAIN.              imbricata.                        
                                                      PENTACHAETA, WHITE-    Pentachaeta           L, E         
                                                       RAYED.                 bellidiflora.                     
                                                      SUNFLOWER, SAN MATEO   Eriophyllum           L, E         
                                                       WOOLLY.                latilobum.                        
                                                      THISTLE, FOUNTAIN....  Cirsium fontinale     L, E         
                                                                              var. fontinale.                   
                                                      THISTLE, FOUNTAIN....  Cirsium fontinale     L, E         
                                                                              var. fontinale.                   
                                                      THORNMINT, SAN MATEO.  Acanthomintha         L, E         
                                                                              obovata ssp.                      
                                                                              duttonii.                         
                               REPTILES.............  SNAKE, SAN FRANCISCO   Thamnophis sirtalis   L, E         
                                                       GARTER.                tetrataenia.                      
SANTA BARBARA................                         BARBERRY, ISLAND.....  Berberis pinnata      L, E         
                                                                              ssp. insularis.                   
                                                      BARBERRY, ISLAND.....  Berberis pinnata      L, E         
                                                                              ssp. insularis.                   
                                                      BEDSTRAW, ISLAND.....  Galium buxifolium...  L, E         
                                                      BEDSTRAW, ISLAND.....  Galium buxifolium...  L, E         
                                                      BUSHMALLOW, SANTA      Malacothamnus         L, E         
                                                       CRUZ ISLAND.           fasciculatus                      
                                                                              nesioticus.                       
                                                      BUSHMALLOW, SANTA      Malacothamnus         L, E         
                                                       CRUZ ISLAND.           fasciculatus                      
                                                                              nesioticus.                       
                               BIRDS................  FRINGEPOD, SANTA CRUZ  Thysanocarpus         L, E         
                                                       ISLAND.                conchuliferus.                    
                                                      FRINGEPOD, SANTA CRUZ  Thysanocarpus         L, E         
                                                       ISLAND.                conchuliferus.                    
                                                      GILIA, HOFFMAN'S       Gilia tenuiflora      L, E         
                                                       SLENDER-FLOWERED.      ssp. hoffmannii.                  
                                                      GILIA, HOFFMAN'S       Gilia tenuiflora      L, E         
                                                       SLENDER-FLOWERED.      ssp. hoffmannii.                  
                                                      MALACOTHRIX, ISLAND..  Malacothrix squalida  L, E         
                                                      MALACOTHRIX, ISLAND..  Malacothrix squalida  L, E         
                                                      MALACOTHRIX, SANTA     Malacothrix indecora  L, E         
                                                       CRUZ ISLAND.                                             
                                                      MALACOTHRIX, SANTA     Malacothrix indecora  L, E         
                                                       CRUZ ISLAND.                                             
                                                      MANZANITA, SANTA ROSA  Arctostaphylos        L, E         
                                                       ISLAND.                confertiflora.                    
                                                      MANZANITA, SANTA ROSA  Arctostaphylos        L, E         
                                                       ISLAND.                confertiflora.                    
                                                      PAINTBRUSH, SOFT-      Castilleja mollis...  L, E         
                                                       LEAVED.                                                  
                                                      PAINTBRUSH, SOFT-      Castilleja mollis...  L, E         
                                                       LEAVED.                                                  
                                                      PHACELIA, ISLAND.....  Phacelia insularis    L, E         
                                                                              ssp. insularis.                   
                                                      PHACELIA, ISLAND.....  Phacelia insularis    L, E         
                                                                              ssp. insularis.                   

[[Page 7939]]

                                                                                                                
                                                      ROCK-CRESS, HOFFMAN'S  Arabis hoffmannii...  L, E         
                                                      ROCK-CRESS, HOFFMAN'S  Arabis hoffmannii...  L, E         
                               AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, LIGHT-FOOTED     Rallus longirostris   L, E         
                                                       CLAPPER.               levipes.                          
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STICKLEBACK,           Gasterosteus          L, E         
                                                       UNARMORED THREESPINE.  aculeatus                         
                                                                              williamsoni.                      
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                                                      SEAL, GUADALUPE FUR..  Arctocephalus         L, T         
                                                                              townsendi.                        
                               PLANTS...............  BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      BRODIAEA, CHINESE      Brodiaea pallida....  P, E         
                                                       CAMP.                                                    
                                                      CLARKIA, SPRINGVILLE.  Clarkia               P, T         
                                                                              springvillensis.                  
                                                      DUDLEYA, MARCESCENT..  Dudleya cymosa ssp.   L, T         
                                                                              marcescens.                       
                               BIRDS................  DUDLEYA, SANTA CRUZ    Dudleya nesiotica...  L, T         
                                                       ISLAND.                                                  
                                                      DUDLEYA, SANTA CRUZ    Dudleya nesiotica...  L, T         
                                                       ISLAND.                                                  
                               PLANTS...............  GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      LAYIA, BEACH.........  Layia carnosa.......  L, E         
                                                      LIVEFOREVER, SANTA     Dudleya traskiae....  L, E         
                                                       BARBARA ISLAND.                                          
                                                      LUPINE, MARIPOSA.....  Lupinus citrinus      P, E         
                                                                              var. deflexus.                    
                                                      MONKEY-FLOWER, KELSO   Mimulus shevockii...  P, E         
                                                       CREEK.                                                   
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      NAVARRETIA, PIUTE      Navarretia setiloba.  P, T         
                                                       MOUNTAINS.                                               
                                                      ONION, RAWHIDE HILL..  Allium tuolumnense..  P, T         
                                                      PUSSYPAWS, MARIPOSA..  Calyptridium          P, E         
                                                                              pulchellum.                       
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
                                                      THISTLE, FOUNTAIN....  Cirsium fontinale     L, E         
                                                                              var. fontinale.                   
                                                      VERVAIN, RED HILLS...  Verbena californica.  P, T         
                                                      WOOLLY-STAR, HOOVER'S  Eriastrum hooveri...  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                                                      LIZARD, ISLAND NIGHT.  Xantusia              L, T         
                                                                              (Klaubernina)                     
                                                                              riversiana.                       
SANTA CLARA..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                               INSECTS..............  BUTTERFLY, BAY         Euphydryas editha     L, T         
                                                       CHECKERSPOT.           bayensis.                         
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  CEANOTHUS, COYOTE....  Ceanothus ferrisae..  L, E         
                                                      DUDLEYA, SANTA CLARA   Dudleya setchellii..  L, E         
                                                       VALLEY.                                                  
                                                      GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      PAINTBRUSH, TIBURON..  Castilleja affinis    L, E         
                                                                              ssp. neglecta.                    
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
                                                      THISTLE, FOUNTAIN....  Cirsium fontinale     L, E         
                                                                              var. fontinale.                   
SANTA CRUZ...................  PLANTS...............  SANDWORT, MARSH......  Arenaria paludicola.  L, E         
                               AMPHIBIANS...........  SALAMANDER, SANTA      Ambystoma             L, E         
                                                       CRUZ LONG-TOED.        macrodactylum                     
                                                                              croceum.                          

[[Page 7940]]

                                                                                                                
                               BIRDS................  MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, COHO (CENTRAL  Oncorhynchus kisutch  L, E         
                                                       CALIFORNIA COAST                                         
                                                       POP).                                                    
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (Central California               
                                                       POPULATION.            Coast ESU).                       
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                                                      STEELHEAD, SOUTH-      Oncorhynchus mykiss,  L, T         
                                                       CENTRAL CALIFORNIA     (South-Central                    
                                                       POP.                   Calif. ESU).                      
                               INSECTS..............  BEETLE, MOUNT HERMON   Polyphylla barbata..  L, E         
                                                       JUNE.                                                    
                                                      BEETLE, SANTA CRUZ     Pleocoma conjugens    P, E         
                                                       RAIN.                  conjugens.                        
                                                      GRASSHOPPER, ZAYANTE   Trimerotropis         L, E         
                                                       BAND-WINGED.           infantillis.                      
                               MAMMALS..............  OTTER, SOUTHERN SEA..  Enhydra lutris        L, T         
                                                                              nereis.                           
                               PLANTS...............  CYPRESS, SANTA CRUZ..  Cupressus abramsiana  L, E         
                                                      PENTACHAETA, WHITE-    Pentachaeta           L, E         
                                                       RAYED.                 bellidiflora.                     
                                                      SPINEFLOWER, BEN       Chorizanthe pungens   L, E         
                                                       LOMOND.                var. hartwegiana.                 
                                                      SPINEFLOWER, MONTEREY  Chorizanthe pungens   L, T         
                                                                              var. pungens.                     
                                                      SPINEFLOWER, ROBUST..  Chorizanthe robusta   L, E         
                                                                              var. robusta.                     
                                                      SPINEFLOWER, SCOTTS    Chorizanthe robusta   L, E         
                                                       VALLEY.                var. hartwegii.                   
                                                      WALLFLOWER, BEN        Erysimum              L, E         
                                                       LOMOND.                teretifolium.                     
                               REPTILES.............  SNAKE, SAN FRANCISCO   Thamnophis sirtalis   L, E         
                                                       GARTER.                tetrataenia.                      
SHASTA.......................  AMPHIBIANS...........  FROG, CALIFORNIA RED-  Rana Aurora           L, T         
                                                       LEGGED.                Draytonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               CRUSTACEAN...........  CRAYFISH, SHASTA.....  Pacifasticus fortis.  L, E         
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               PLANTS...............  GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
                                                      TUCTORIA, GREEN'S....  Tuctoria greenei....  L, E         
SIERRA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
SISKIYOU.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SUCKER, LOST RIVER...  Deltistes luxatus...  L, E         
                               PLANTS...............  GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
SOLANO.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SMELT, DELTA.........  Hypomesus             L, T, CH     
                                                                              transpacificus.                   
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, DELTA GREEN    Elaphrus viridis....  L, T, CH     
                                                       GROUND.                                                  
                                                      BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  GOLDFIELDS, CONTRA     Lasthenia conjugens.  L, E         
                                                       COSTA.                                                   
                                                      GRASS, COLUSA........  Neostapfia colusana.  L, T         
                                                      GRASS, SOLANO........  Tuctoria mucronata    L, E         
                                                                              (=Orcuttia m).                    
                                                      NAVARRETIA, FEW-       Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              pauciflora.                       
                                                      NAVARRETIA, MANY-      Navarretia            L, E         
                                                       FLOWERED.              leucocephala ssp.                 
                                                                              plieantha.                        
                                                      STONECROP, LAKE        Parvisedum            L, E         
                                                       COUNTY.                leiocarpum.                       
SONAMA.......................  FISHES...............  STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (central california               
                                                       POPULATION.            coast es.                         
                                                      STEELHEAD, CENTRAL     Oncorhynchus mykiss,  L, T         
                                                       CALIFORNIA             (central california               
                                                       POPULATION.            coast es.                         

[[Page 7941]]

                                                                                                                
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, CALIFORNIA       Rallus longirostris   L, E         
                                                       CLAPPER.               obsoletus.                        
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, CALIFORNIA     Syncaris pacifica...  L, E         
                                                       FRESHWATER.                                              
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SALMON, COHO (CENTRAL  Oncorhyncgus kisutch  L, E         
                                                       CALIFORNIA COAST                                         
                                                       POP).                                                    
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (central valley                   
                                                                              esu).                             
                               INSECTS..............  BUTTERFLY, BEHREN'S    Speyeria zerene       P, E         
                                                       SILVERSPOT.            behrensii.                        
                                                      BUTTERFLY, MYRTLE'S    Speyeria zerene       L, E         
                                                       SILVERSPOT.            myrtleae.                         
                               MAMMALS..............  MOUSE, SALT MARSH      Reithrodontomys       L, E         
                                                       HARVEST.               raviventris.                      
                               PLANTS...............  ALLOCARYA, CALISTOGA.  Plagiobothrys         P, E         
                                                                              strictus.                         
                                                      ALOPECURUS, SONOMA...  Alopecurus aequalis   P, E         
                                                                              var. sonomensis.                  
                                                      BIRD'S-BEAK,           Cordylanthus tenuis   L, E         
                                                       PENNELL'S.             ssp. capillari.                   
                                                      BIRD'S-BEAK,           Cordylanthus tenuis   L, E         
                                                       PENNELL'S.             ssp. capillari.                   
                                                      BLUEGRASS, NAPA......  Poa napensis........  P, E         
                                                      CHECKER-MALLOW,        Sidalcea oregana      P, E         
                                                       KENWOOD MARSH.         ssp. valida.                      
                                                      CHECKER-MALLOW,        Sidalcea oregana      P, E         
                                                       KENWOOD MARSH.         ssp. valida.                      
                                                      CLARKIA, VINE HILL...  Clarkia imbricata...  P, E         
                                                      CLOVER, SHOWY INDIAN.  Trifolum amoenum....  P, E         
                                                      GOLDFIELDS, BURKE'S..  Lasthenia burkei....  L, E         
                                                      LARKSPUR, YELLOW.....  Delphinium luteum...  P, E         
                                                      LARKSPUR, YELLOW.....  Delphinium luteum...  P, E         
                                                      LILY, PITKIN MARSH...  Lilium pitkinense...  P, E         
                                                      LUPINE, CLOVER.......  Lupinus tidestromii.  L, E         
                                                      MEADOWFOAM,            Limnanthes vinculans  L, E         
                                                       SEBASTOPOL.                                              
                                                      MILK-VETCH, CLARA      Astragalus clarianus  P, E         
                                                       HUNT'S.                                                  
                                                      SEDGE, WHITE.........  Carex albida........  P, E         
                                                      SPINEFLOWER, SONOMA..  Chorizanthe valida..  L, E         
                                                      STICKYSEED, BAKER'S..  Blennosperma bakeri.  L, E         
STANISLAUS...................  PLANTS...............  ADOBE SUNBURST, SAN    Pseudobahia           L, T         
                                                       JOAQUIN.               peirsonii.                        
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                               PLANTS...............  GOLDEN SUNBURST,       Pseudobahia           L, E         
                                                       HARTWEG'S.             bahiifolia.                       
                                                      GRASS, COLUSA........  Neostapfia colusana.  L, T         
                                                      GRASS, HAIRY ORCUTT..  Orcuttia pilosa.....  L, E         
                                                      OWL'S-CLOVER, FLESHY.  Castilleja            L, E         
                                                                              campestris ssp.                   
                                                                              succulenta.                       
                                                      SPURGE, HOOVER'S.....  Chamaesyce hooveri..  L, T         
SUTTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
TEHAMA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        

[[Page 7942]]

                                                                                                                
                               PLANTS...............  GRASS, HAIRY ORCUTT..  Orcuttia pilosa.....  L, E         
                                                      GRASS, SLENDER ORCUTT  Orcuttia tenuis.....  L, T         
                                                      MEADOWFOAM, BUTTE      Limnanthes floccosa   L, E         
                                                       COUNTY.                ssp. californica.                 
                                                      SPURGE, HOOVER'S.....  Chamaesyce hooveri..  L, T         
                                                      TUCTORIA, GREEN'S....  Tuctoria greenei....  L, E         
TRINITY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
TULARE.......................  BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LITTLE KERN     Salmo aguabonita      L, T, CH     
                                                       GOLDEN.                whitei.                           
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                                                      KANGAROO RAT, GIANT..  Dipodomys ingens....  L, E         
                                                      KANGAROO RAT, TIPTON.  Dipodomys             L, E         
                                                                              nitratoides.                      
                                                      RAT, GIANT KANGAROO..  Dipodomys ingens....  L, E         
                                                      RAT, TIPTON KANGAROO.  Dipodomys             L, E         
                                                                              nitratoides.                      
                                                      CHECKER-MALLOW,        Sidalcea keckii.....  P, E         
                                                       KECK'S.                                                  
                                                      CHECKER-MALLOW,        Sidalcea keckii.....  P, E         
                                                       KECK'S.                                                  
                               PLANTS...............  CLARKIA, SPRINGVILLE.  Clarkia               P, T         
                                                                              springvillensis.                  
                                                      JEWELFLOWER,           Caulanthus            L, E         
                                                       CALIFORNIA.            californicus.                     
                                                      LILY, GREENHORN ADOBE  Fritillaria striata.  P, T         
                                                      SPURGE, HOOVER'S.....  Chamaesyce hooveri..  L, T         
                                                      WOOLLY-THREADS, SAN    Lembertia congdonii.  L, E         
                                                       JOAQUIN.                                                 
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
TUOLUMNE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               PLANTS...............  BRODIAEA, CHINESE      Brodiaea pallida....  P, E         
                                                       CAMP.                                                    
                                                      BUTTERWEED, LAYNE'S..  Senecio layneae.....  L, T         
                                                      CLARKIA, SPRINGVILLE.  Clarkia               P, T         
                                                                              springvillensis.                  
                                                      LILY, GREENHORN ADOBE  Fritillaria striata.  P, T         
                                                      LUPINE, MARIPOSA.....  Lupinus citrinus      P, E         
                                                                              var. deflexus.                    
                                                      MONKEY-FLOWER, KELSO   Mimulus shevockii...  P, E         
                                                       CREEK.                                                   
                                                      NAVARRETIA, PIUTE      Navarretia setiloba.  P, T         
                                                       MOUNTAINS.                                               
                                                      ONION, RAWHIDE HILL..  Allium tuolumnense..  P, T         
                                                      PUSSYPAWS, MARIPOSA..  Calyptridium          P, E         
                                                                              pulchellum.                       
                                                      VERVAIN, RED HILLS...  Verbena californica.  P, T         
VENTURA......................  AMPHIBIANS...........  TOAD, ARROYO           Bufo microscaphus     L, E         
                                                       SOUTHWESTERN.          californicus.                     
                               BIRDS................  CONDOR, CALIFORNIA...  Gymnogyps             L, E, CH     
                                                                              californianus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                                                      RAIL, LIGHT-FOOTED     Rallus longirostris   L, E         
                                                       CLAPPER.               levipes.                          
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                                                      VIREO, LEAST BELL'S..  Vireo bellii          L, E, CH     
                                                                              pusillus.                         
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, CONSERVANCY    Brancinecta           L, E         
                                                       FAIRY.                 conservatio.                      
                               FISHES...............  GOBY, TIDEWATER......  Eucyclogobius         L, E         
                                                                              newberryi.                        
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                                                      STEELHEAD, SOUTHERN    Oncorhynchus mykiss,  L, E         
                                                       CALIFORNIA             (Southern                         
                                                       POPULATION.            California ESU).                  
                               MAMMALS..............  FOX, SAN JOAQUIN KIT.  Vulpes macrotis       L, E         
                                                                              mutica.                           
                               PLANTS...............  BIRD'S-BEAK, SALT      Cordylanthus          L, E         
                                                       MARSH.                 maritimus ssp.                    
                                                                              maritimus.                        
                                                      DUDLEYA, CONEJO......  Dudleya abramsii      L, T         
                                                                              ssp. parva.                       
                                                      DUDLEYA, SANTA MONICA  Dudleya cymosa ssp.   L, T         
                                                       MOUNTAINS.             ovatifolia.                       
                                                      DUDLEYA, VERITY'S....  Dudleya verityi.....  L, T         
                                                      GRASS, CALIFORNIA      Orcuttia californica  L, E         
                                                       ORCUTT.                                                  
                                                      MILK-VETCH,            Astragalus            L, E         
                                                       BRAUNTON'S.            brauntonii.                       
                                                      PENTACHAETA, LYON'S..  Pentachaeta lyonii..  P, E         
                                                      WATERCRESS, GAMBEL'S.  Rorippa gambellii...  L, E         
                               REPTILES.............  LIZARD, BLUNT-NOSED    Gambelia              L, E         
                                                       LEOPARD.               (Crotaphytus) silus.              
                                                      LIZARD, ISLAND NIGHT.  Xantusia              L, T         
                                                                              (Klaubernina)                     
                                                                              riversiana.                       
YOLO.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               CRUSTACEAN...........  SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SACRAMENTO RIVER      tshawytscha.                      
                                                       WINTER RUN).                                             
                                                      SMELT, DELTA.........  Hypomesus             L, T, CH     
                                                                              transpacificus.                   
                                                      STEELHEAD, CALIFORNIA  Oncorhynchus mykiss,  P, E         
                                                       CENTRAL VALLEY POP.    (Central Valley                   
                                                                              ESU).                             
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        

[[Page 7943]]

                                                                                                                
                               PLANTS...............  BIRD'S-BEAK, PALMATE-  Cordylanthes          L, E         
                                                       BRACTED.               palmatus.                         
                                                      GRASS, COLUSA........  Neostapfia colusana.  L, T         
                               REPTILES.............  SNAKE, GIANT GARTER..  Thamnophis gigas....  L, T         
YUBA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               CRUSTACEAN...........  LINDERIELLA,           Linderiella           P, E         
                                                       CALIFORNIA.            occidentalis.                     
                                                      SHRIMP, VERNAL POOL    Branchinecta lynchi.  L, T         
                                                       FAIRY.                                                   
                                                      SHRIMP, VERNAL POOL    Lepidurus packardi..  L, E         
                                                       TADPOLE.                                                 
                               INSECTS..............  BEETLE, VALLEY         Desmocerus            L, T, CH     
                                                       ELDERBERRY LONGHORN.   californicus                      
                                                                              dimorphus.                        
                                                                                                                
           COLORADO                                                                                             
                                                                                                                
ADAMS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
ALAMOSA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
ARCHULETA....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BACA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BENT.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BOULDER......................  FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
CHAFFEE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
CHEYENNE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CLEAR CREEK..................  FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
CONEJOS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
COSTILLA.....................  MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CUSTER.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
DELTA........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SPINELESS      Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus                   
                                                                              var. inermis.                     
                                                      CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g,                 
                                                                              S. whipplei).                     
                                                      WILD-BUCKWHEAT, CLAY-  Eriogonum             L, E, CH     
                                                       LOVING.                pelinophilum.                     
DOLORES......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DOUGLAS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
                               INSECTS..............  SKIPPER, PAWNEE        Hesperia leonardus    L, T         
                                                       MONTANE.               (=pawnee) montana.                
EAGLE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
EL PASO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FREMONT......................  BIRDS................  OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
GARFIELD.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g,                 
                                                                              S. whipplei).                     
GRAND........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  BEARDTONGUE, PENLAND.  Penstemon penlandii.  L, E         
                                                      MILK-VETCH, OSTERHOUT  Astragalus            L, E         
                                                                              osterhoutii.                      

[[Page 7944]]

                                                                                                                
GUNNISON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HINSDALE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
HUERFANO.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
JACKSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  PHACELIA, NORTH PARK.  Phacelia formosula..  L, E         
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               INSECTS..............  SKIPPER, PAWNEE        Hesperia leonardus    L, T         
                                                       MONTANE.               (=pawnee) montana.                
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
KIOWA........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LA PLATA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, KNOWLTON.....  Pediocactus           L, E         
                                                                              knowltonii.                       
LAKE.........................  BIRDS................  OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
LARIMER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
LAS ANIMAS...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LOGAN........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MESA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SPINELESS      Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus                   
                                                                              var. inermis.                     
                                                      CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g,                 
                                                                              S. whipplei).                     
MOFFAT.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
MONTEZUMA....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, MESA VERDE...  Sclerocactus mesae-   L, T         
                                                                              verdae                            
                                                                              (=Pediocactus m).                 
                                                      MILK-VETCH, MANCOS...  Astragalus            L, E         
                                                                              humillimus.                       
MONTROSE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SPINELESS      Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus                   
                                                                              var. inermis.                     
                                                      CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g,                 
                                                                              S. whipplei).                     
                                                      WILD-BUCKWHEAT, CLAY-  Eriogonum             L, E, CH     
                                                       LOVING.                pelinophilum.                     
MORGAN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
OTERO........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
OURAY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7945]]

                                                                                                                
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
PARK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, GREENBACK       Salmo clarki stomias  L, T         
                                                       CUTTHROAT.                                               
                               INSECTS..............  SKIPPER, PAWNEE        Hesperia leonardus    L, T         
                                                       MONTANE.               (=pawnee) montana.                
                               PLANTS...............  MUSTARD, PENLAND       Eutrema penlandii...  L, T         
                                                       ALPINE FEN.                                              
PITKIN.......................  INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
PROWERS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
PUEBLO.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
RIO BLANCO...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  BLADDERPOD, DUDLEY     Lesquerella congesta  L, T         
                                                       BLUFFS.                                                  
                                                      TWINPOD, DUDLEY        Physaria obcordata..  L, T         
                                                       BLUFFS.                                                  
RIO GRANDE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
ROUTT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SAGUACHE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SAN JUAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
SAN MIGUEL...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  BUTTERFLY,             Boloria acrocnema...  L, E         
                                                       UNCOMPAHGRE                                              
                                                       FRITILLARY.                                              
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SPINELESS      Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus                   
                                                                              var. inermis.                     
SEDGWICK.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
SUMMIT.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  MUSTARD, PENLAND       Eutrema penlandii...  L, T         
                                                       ALPINE FEN.                                              
TELLER.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               INSECTS..............  SKIPPER, PAWNEE        Hesperia leonardus    L, T         
                                                       MONTANE.               (=pawnee) montana.                
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
WELD.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
YUMA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                                                                                
         CONNECTICUT                                                                                            
                                                                                                                
FAIRFIELD....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
HARTFORD.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
LITCHFIELD...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
MIDDLESEX....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               INSECTS..............  BEETLE, PURITAN TIGER  Cicindela puritana..  L, T         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NEW HAVEN....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NEW LONDON...................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
TOLLAND......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 

[[Page 7946]]

                                                                                                                
WINDHAM......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                                                                                
     DISTRICT OF COLUMBIA                                                                                       
                                                                                                                
DISTRICT OF COLUMBIA.........  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CRUSTACEAN...........  AMPHIPOD, HAY'S        Stygobromus hayi....  L, E         
                                                       SPRING.                                                  
                                                                                                                
           DELAWARE                                                                                             
                                                                                                                
KENT.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               PLANTS...............  PINK, SWAMP..........  Helonias bullata....  L, T         
                               REPTILES.............  TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
NEW CASTLE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               PLANTS...............  PINK, SWAMP..........  Helonias bullata....  L, T         
                                                      POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
SUSSEX.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  SQUIRREL, DELMARVA     Sciurus niger         L, E         
                                                       PENINSULA FOX.         cinereus.                         
                               PLANTS...............  PINK, SWAMP..........  Helonias bullata....  L, T         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
                                                                                                                
             GUAM                                                                                               
                                                                                                                
GUAM.........................  BIRDS................  BROADBILL, GUAM......  Myiagra freycineti..  L, E         
                                                      CROW, MARIANA........  Corvus kubaryi......  L, E         
                                                      KINGFISHER, GUAM       Halcyon cinnamomina   L, E         
                                                       MICRONESIAN.           cinnamomina.                      
                                                      MOORHEN, MARIANA       Gallinula chloropus   L, E         
                                                       COMMON.                guami.                            
                                                      RAIL, GUAM...........  Rallus owstoni......  L, E         
                                                      SWIFTLET, MARIANA      Aerodramus            L, E         
                                                       GRAY (=VANIKORO).      vanikorensis                      
                                                                              bartschi.                         
                                                      WHITE-EYE, BRIDLED     Zosterops             L, E         
                                                       (NOSSA).               conspicillata                     
                                                                              conspicillata.                    
                                                      WHITE-EYE, BRIDLED     Zosterops             L, E         
                                                       (NOSSA).               conspicillata                     
                                                                              conspicillata.                    
                               MAMMALS..............  BAT, LITTLE MARIANA    Pteropus tokudae....  L, E         
                                                       FRUIT.                                                   
                                                      BAT, MARIANA FRUIT...  Pteropus mariannus    L, E         
                                                                              mariannus.                        
                                                      DUGONG...............  Dugong dugon........  L, E         
                               PLANTS...............  HAYUN LAGU (TRONKON    Serianthes nelsonii.  L, E         
                                                       GUAFI).                                                  
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                                                                                
             IOWA                                                                                               
                                                                                                                
ADAIR........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
ADAMS........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
ALLAMAKEE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
APPANOOSE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
AUDUBON......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BENTON.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BLACK HAWK...................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BOONE........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BREMER.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BUCHANAN.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BUENA VISTA..................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BUTLER.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     

[[Page 7947]]

                                                                                                                
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CALHOUN......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CARROLL......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CASS.........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CEDAR........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CERRO GORDO..................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      FERN, AMERICAN HART'S- Phyllitis             L, T         
                                                       TONGUE.                scolopendrium var.                
                                                                              americana.                        
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CHEROKEE.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CHICKASAW....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CLARKE.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CLAY.........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
CLAYTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             
CLINTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             
CRAWFORD.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DALLAS.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DAVIS........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DECATUR......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DELAWARE.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DES MOINES...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                                                      POCKETBOOK, FAT......  Potamilus             L, E         
                                                                              (=Proptera) capax.                
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DICKINSON....................  FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DUBUQUE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             
EMMET........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
FAYETTE......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             

[[Page 7948]]

                                                                                                                
FLOYD........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
FRANKLIN.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
FREMONT......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
GREENE.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
GRUNDY.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
GUTHRIE......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HAMILTON.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HANCOCK......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HARDIN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HARRISON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HENRY........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HOWARD.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HUMBOLDT.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
IDA..........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
IOWA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JACKSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             
JASPER.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JOHNSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  POCKETBOOK, FAT......  Potamilus             L, E         
                                                                              (=Proptera) capax.                
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JONES........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
KEOKUK.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
KOSSUTH......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LEE..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     

[[Page 7949]]

                                                                                                                
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LINN.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LOUISA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LUCAS........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LYON.........................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MADISON......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MAHASKA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MARION.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MARSHALL.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MILLS........................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MITCHELL.....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MONONA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
MONROE.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MONTGOMERY...................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MUSCATINE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
OBRIEN.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
OSCEOLA......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
OTHER--999...................  PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
PAGE.........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
PALO ALTO....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
PLYMOUTH.....................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
POCAHONTAS...................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
POLK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     

[[Page 7950]]

                                                                                                                
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
POTTAWATTAMIE................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
POWESHIEK....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
RINGGOLD.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SAC..........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SCOTT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               CLAMS................  PEARLYMUSSEL,          Lampsilis higginsi..  L, E         
                                                       HIGGINS' EYE.                                            
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SHELBY.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SIOUX........................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
STORY........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
TAMA.........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
TAYLOR.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
UNION........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
VAN BUREN....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WAPELLO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WARREN.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WASHINGTON...................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WAYNE........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WEBSTER......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WINNEBAGO....................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WINNESHIEK...................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                               SNAILS...............  SNAIL, IOWA            Discus macclintocki.  L, E         
                                                       PLEISTOCENE.                                             
WOODBURY.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     

[[Page 7951]]

                                                                                                                
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WORTH........................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WRIGHT.......................  PLANTS...............  BUSH-CLOVER, PRAIRIE.  Lespedeza             L, T         
                                                                              leptostachya.                     
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                                                                                                                
            IDAHO                                                                                               
                                                                                                                
ADA..........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
ADAMS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BANNOCK......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BEAR LAKE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BENEWAH......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BINGHAM......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BLAINE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BOISE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BONNER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      CARIBOU, WOODLAND....  Rangifer tarandus     D, E         
                                                                              caribou.                          
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BONNEVILLE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BOUNDARY.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, WHITE        Acipenser             L, E         
                                                       (KOOTENAI RIVER POP).  transmontanus.                    
                                                      STURGEON, WHITE        Acipenser             L, E         
                                                       (KOOTENAI RIVER POP).  transmontanus.                    
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      CARIBOU, WOODLAND....  Rangifer tarandus     L, E         
                                                                              caribou.                          
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BUTTE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CAMAS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CANYON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
CARIBOU......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CASSIA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CLARK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
CLEARWATER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7952]]

                                                                                                                
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
CUSTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
ELMORE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               SNAILS...............  LIMPET, BANBURY        Lanx n sp...........  L, E         
                                                       SPRINGS.                                                 
                                                      SNAIL, BLISS RAPIDS..  Family Hydrobiidae n  L, T         
                                                                              sp.                               
                                                      SNAIL, SNAKE RIVER     Physa natricina.....  L, E         
                                                       PHYSA.                                                   
                                                      SNAIL, UTAH VALVATA..  Valvata utahensis...  L, E         
                                                      SPRINGSNAIL, IDAHO...  Fontelicella          L, E         
                                                                              idahoensis.                       
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FREMONT......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GEM..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
GOODING......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               SNAILS...............  LIMPET, BANBURY        Lanx n sp...........  L, E         
                                                       SPRINGS.                                                 
                                                      SNAIL, BLISS RAPIDS..  Family Hydrobiidae n  L, T         
                                                                              sp.                               
                                                      SNAIL, SNAKE RIVER     Physa natricina.....  L, E         
                                                       PHYSA.                                                   
                                                      SNAIL, UTAH VALVATA..  Valvata utahensis...  L, E         
IDAHO........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  FOUR-O'CLOCK,          Mirabilis             L, T         
                                                       MACFARLANE'S.          macfarlanei.                      
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
JEROME.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
KOOTENAI.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
LATAH........................  PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
LEMHI........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             

[[Page 7953]]

                                                                                                                
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
LEWIS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
MADISON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MINIDOKA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
NEZ PERCE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
OWYHEE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               SNAILS...............  SNAIL, SNAKE RIVER     Physa natricina.....  L, E         
                                                       PHYSA.                                                   
                                                      SPRINGSNAIL, BRUNEAU   Pyrgulopsis           L, E         
                                                       HOT.                   bruneauenis.                      
                                                      SPRINGSNAIL, IDAHO...  Fontelicella          L, E         
                                                                              idahoensis.                       
PAYETTE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
POWER........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               SNAILS...............  SNAIL, UTAH VALVATA..  Valvata utahensis...  L, E         
SHOSHONE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
TETON........................  MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
TWIN FALLS...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               SNAILS...............  SNAIL, BLISS RAPIDS..  Family Hydrobiidae    L, T         
                                                                              n. sp..                           
                                                      SNAIL, SNAKE RIVER     Physa natricina.....  L, E         
                                                       PHYSA.                                                   
VALLEY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK......  Oncorhynchus          L, E, CH     
                                                                              tshawytscha.                      
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                                                                                                                
        JOHNSON ATOLL                                                                                           
            KANSAS                                                                                              
                                                                                                                
ALLEN........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
ANDERSON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
ATCHISON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BARBER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7954]]

                                                                                                                
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BARTON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
BOURBON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
BROWN........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BUTLER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CHASE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
CHAUTAUQUA...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CHEROKEE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
CHEYENNE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CLARK........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CLAY.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CLOUD........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
COFFEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
COMANCHE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
COWLEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CRAWFORD.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DECATUR......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DICKINSON....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
DONIPHAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
DOUGLAS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     

[[Page 7955]]

                                                                                                                
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
EDWARDS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ELK..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
ELLIS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
ELLSWORTH....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
FINNEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
FORD.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
GEARY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GOVE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
GRAHAM.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
GRANT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
GRAY.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
GREELEY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
GREENWOOD....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HAMILTON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HARPER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HARVEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HASKELL......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7956]]

                                                                                                                
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HODGEMAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
JACKSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JEFFERSON....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
JEWELL.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
JOHNSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
KEARNY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
KINGMAN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
KIOWA........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
LABETTE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
LANE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LEAVENWORTH..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
                                                      ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LINCOLN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
LINN.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
LOGAN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LYON.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MARION.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
MARSHALL.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MCPHERSON....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MEADE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      

[[Page 7957]]

                                                                                                                
MIAMI........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
MITCHELL.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MONTGOMERY...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
MORRIS.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
MORTON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
NEMAHA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
NEOSHO.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               PLANTS...............  MILKWEED, MEAD'S.....  Asclepias meadii....  L, T         
NESS.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
NORTON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
OSAGE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
OSBORNE......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
OTTAWA.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PAWNEE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
PHILLIPS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
POTTAWATOMIE.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
PRATT........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RAWLINS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
RENO.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
REPUBLIC.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RICE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
RILEY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     

[[Page 7958]]

                                                                                                                
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
ROOKS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RUSH.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RUSSELL......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
SALINE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
SCOTT........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SEDGWICK.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SEWARD.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
SHAWNEE......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SHERIDAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SHERMAN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SMITH........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
STAFFORD.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
STANTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
STEVENS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SUMNER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
THOMAS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
TREGO........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WABAUNSEE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WALLACE......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7959]]

                                                                                                                
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WASHINGTON...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WICHITA......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WILSON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WOODSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  MADTOM, NEOSHO.......  Noturus placidus....  L, T         
WYANDOTTE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                                                                                                                
          LOUISIANA                                                                                             
                                                                                                                
ACADIA.......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
ALLEN........................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
ASCENSION....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               CLAMS................  HEELSPLITTER,          Potamilus inflatus..  L, T         
                                                       INFLATED.                                                
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ASSUMPTION...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
AVOYELLES....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
BEAUREGARD...................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
BIENVILLE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
BOSSIER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CADDO........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CALCASIEU....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
CALDWELL.....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CAMERON......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
CATAHOULA....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
CLAIBORNE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
CONCORDIA....................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, AMERICAN BLACK.  Ursus americanus....  L, T         
                                                      BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
DE SOTO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
EAST BATON ROUGE.............  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               CLAMS................  HEELSPLITTER,          Potamilus inflatus..  L, T         
                                                       INFLATED.                                                
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
EAST CARROLL.................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
EAST FELICIANA...............  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
EVANGELINE...................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         

[[Page 7960]]

                                                                                                                
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
FRANKLIN.....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
GRANT........................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               CLAMS................  PEARLSHELL, LOUISIANA  Margaritifera         L, T         
                                                                              hembeli.                          
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
IBERIA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
IBERVILLE....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
JACKSON......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
JEFFERSON DAVIS..............  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
LA SALLE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
LAFAYETTE....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
LAFOURCHE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
LINCOLN......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
LIVINGSTON...................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               CLAMS................  HEELSPLITTER,          Potamilus inflatus..  L, T         
                                                       INFLATED.                                                
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
MADISON......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      TERN, CALIFORNIA       Sterna antillarum     L, E         
                                                       LEAST.                 browni.                           
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
MOREHOUSE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
NATCHITOCHES.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ORLEANS......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
OUACHITA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
PLAQUEMINES..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
POINTE COUPEE................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         

[[Page 7961]]

                                                                                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
RAPIDES......................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               CLAMS................  PEARLSHELL, LOUISIANA  Margaritifera         L, T         
                                                                              hembeli.                          
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
RED RIVER....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
RICHLAND.....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
SABINE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
ST BERNARD...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
ST CHARLES...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ST HELENA....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
ST JAMES.....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ST JOHN THE BAPTIST..........  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                                                      STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ST LANDRY....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
ST MARTIN....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
ST MARY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
ST TAMMANY...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  QUILLWORT, LOUISIANA.  Isoetes               L, E         
                                                                              louisianensis.                    
                               REPTILES.............  TORTOISE, GOPHER.....  Gopherus polyphemus.  L, T         
                                                      TURTLE, RINGED         Graptemys oculifera.  L, T         
                                                       SAWBACK.                                                 
TANGIPAHOA...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                               REPTILES.............  TORTOISE, GOPHER.....  Gopherus polyphemus.  L, T         
TENSAS.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
TERREBONNE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         

[[Page 7962]]

                                                                                                                
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
UNION........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
VERMILION....................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
VERNON.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
WASHINGTON...................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, GULF.......  Acipenser             L, T         
                                                                              oxyrhynchus                       
                                                                              (=oxyrhynchus                     
                                                                              desotoi).                         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  QUILLWORT, LOUISIANA.  Isoetes               L, E         
                                                                              louisianensis.                    
                               REPTILES.............  TORTOISE, GOPHER.....  Gopherus polyphemus.  L, T         
                                                      TURTLE, RINGED         Graptemys oculifera.  L, T         
                                                       SAWBACK.                                                 
WEBSTER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
WEST BATON ROUGE.............  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
WEST CARROLL.................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
WEST FELICIANA...............  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
WINN.........................  BIRDS................  FALCON, ARCTIC         Falco peregrinus      L, T         
                                                       PEREGRINE.             tundrius.                         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  GEOCARPON MINIMUM....  Geocarpon minimum...  L, E         
                                                                                                                
        MASSACHUSETTS                                                                                           
                                                                                                                
BARNSTABLE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               PLANTS...............  GERARDIA, SANDPLAIN..  Agalinus acuta......  L, E         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
BERKSHIRE....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
BRISTOL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
DUKES........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               INSECTS..............  BEETLE, NORTHEASTERN   Cicindela dorsalis    L, T         
                                                       BEACH TIGER.           dorsalis.                         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
ESSEX........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BULRUSH, NORTHEASTERN  Scirpus               L, E         
                                                       (=BARBED BRISTLE).     ancistrochaetus.                  
HAMPDEN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     

[[Page 7963]]

                                                                                                                
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
HAMPSHIRE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               INSECTS..............  BEETLE, PURITAN TIGER  Cicindela puritana..  L, T         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
MIDDLESEX....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NANTUCKET....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
NORFOLK......................  REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
PLYMOUTH.....................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
                                                      TURTLE, PLYMOUTH RED-  Pseudemys             L, E, CH     
                                                       BELLIED.               (Chrysemys)                       
                                                                              rubriventris bangsi.              
SUFFOLK......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
SUFFOLK......................  REPTILES.............  TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
WORCESTER....................  BIRDS................  CROW, MARIANA........  Corvus kubaryi......  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      MALLARD, MARIANA.....  Anas oustaleti......  L, E         
                                                      MEGAPODE, MICRONESIAN  Megapodius laperouse  L, E         
                                                       (LA PEROUSE'S).                                          
                                                      MONARCH, TINIAN......  Monarcha              L, T         
                                                                              takatsukasae.                     
                                                      MOORHEN, MARIANA       Gallinula chloropus   L, E         
                                                       COMMON.                guami.                            
                                                      STARLING, PONAPE       Aplonis pelzelni....  L, E         
                                                       MOUNTAIN.                                                
                                                      SWIFTLET, MARIANA      Aerodramus            L, E         
                                                       GRAY (=VANIKORO).      vanikorensis                      
                                                                              bartschi.                         
                                                      WARBLER (OLD WORLD),   Acrocephalus          L, E         
                                                       NIGHTINGALE REED.      luscinia.                         
                                                      WARBLER (OLD WORLD),   Acrocephalus          L, E         
                                                       NIGHTINGALE REED.      luscinia.                         
                                                      WHITE-EYE, PONAPE      Rukia longirostra     L, E         
                                                       GREATER.               (=sanfordi).                      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, LITTLE MARIANA    Pteropus tokudae....  L, E         
                                                       FRUIT.                                                   
                                                      BAT, MARIANA FRUIT...  Pteropus mariannus    L, E         
                                                                              mariannus.                        
                                                      COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
                                                      DUGONG...............  Dugong dugon........  L, E         
                               PLANTS...............  HAYUN LAGU (TRONKON    Serianthes nelsonii.  L, E         
                                                       GUAFI).                                                  
                                                      POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                                                                                
            MAINE                                                                                               
                                                                                                                
ANDROSCOGGIN.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
AROOSTOOK....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      LOUSEWORT, FURBISH...  Pedicularis           L, E         
                                                                              furbishiae.                       
                                                      ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
CUMBERLAND...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
FRANKLIN.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HANCOCK......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
KENNEBEC.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
KNOX.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
OXFORD.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 

[[Page 7964]]

                                                                                                                
PENOBSCOT....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PISCATAQUIS..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
SAGADAHOC....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
SOMERSET.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  COUGAR, EASTERN......  Felis concolor        L, E         
                                                                              couguar.                          
WALDO........................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
YORK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
                                                                                                                
           MONTANA                                                                                              
                                                                                                                
BEAVERHEAD...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
BIG HORN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BLAINE.......................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BROADWATER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CARBON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
CARTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CASCADE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CHOUTEAU.....................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CUSTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DANIELS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
DAWSON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
FALLON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
FERGUS.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
FLATHEAD.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GALLATIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GARFIELD.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
GLACIER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=Ua     L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GOLDEN VALLEY................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GRANITE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
HILL.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
JUDITH BASIN.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
LAKE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      

[[Page 7965]]

                                                                                                                
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
LEWIS AND CLARK..............  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T      
LIBERTY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, WHITE        Acipenser             L, E         
                                                       (KOOTENAI RIVER POP).  transmontanus.                    
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
MADISON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
MCCONE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
MEAGHER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MINERAL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
MISSOULA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
MUSSELSHELL..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PARK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
PETROLEUM....................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
PHILLIPS.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
PONDERA......................  MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
POWDER RIVER.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
POWELL.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
PRAIRIE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
RAVALLI......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
RICHLAND.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ROOSEVELT....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ROSEBUD......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SANDERS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      

[[Page 7966]]

                                                                                                                
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
SHERIDAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
SILVER BOW...................  MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
STILLWATER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T      
SWEET GRASS..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
TETON........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
TOOLE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
TREASURE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
VALLEY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
WHEATLAND....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WIBAUX.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
YELLOWSTONE..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                                                                                
        MIDWAY ISLAND                                                                                           
         NORTH DAKOTA                                                                                           
                                                                                                                
ADAMS........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BARNES.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BENSON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
BILLINGS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BOTTINEAU....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BOWMAN.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BURKE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
BURLEIGH.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CASS.........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CAVALIER.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
DICKEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
DIVIDE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
DUNN.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
EDDY.........................  BIRDS................  CRANE, WHOOPING***...  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
EMMONS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7967]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
FOSTER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GOLDEN VALLEY................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GRAND FORKS..................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GRANT........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GRIGGS.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HETTINGER....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
KIDDER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
LA MOURE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
LOGAN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
MCHENRY......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MCINTOSH.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MCKENZIE.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MCLEAN.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
MERCER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MORTON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
MOUNTRAIL....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
NELSON.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
OLIVER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
PEMBINA......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PIERCE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
RAMSEY.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RANSOM.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
RENVILLE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RICHLAND.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
ROLETTE......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
SARGENT......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
SHERIDAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7968]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
SIOUX........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
SLOPE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
STARK........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
STEELE.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
STUTSMAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
TOWNER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
TRAILL.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WALSH........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WARD.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
WELLS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
WILLIAMS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                                                                                
           NEBRASKA                                                                                             
                                                                                                                
ADAMS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
ARTHUR.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BLAINE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BOX BUTTE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
BOYD.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               CLAMS................  CLUBSHELL, SOUTHERN..  Pleurobema decisum..  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BROWN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
BUFFALO......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BURT.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
BUTLER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CASS.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CEDAR........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CHASE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CHERRY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7969]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
                                                      PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
CLAY.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
COLFAX.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CUMING.......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CUSTER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
DAKOTA.......................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
DAWES........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
DAWSON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
DEUEL........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
DIXON........................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
DODGE........................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
DOUGLAS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
DUNDY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FRANKLIN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FRONTIER.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FURNAS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
GAGE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
GARDEN.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
GARFIELD.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
GOSPER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
GRANT........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
GREELEY......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HALL.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
HAMILTON.....................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HARLAN.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HITCHCOCK....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HOLT.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HOOKER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               PLANTS...............  PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
HOWARD.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KEARNEY......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7970]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KEITH........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KEYA PAHA....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KNOX.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
LANCASTER....................  PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LINCOLN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
LOGAN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
LOUP.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MADISON......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MERRICK......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MORRILL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
NANCE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
NEMAHA.......................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
NUCKOLLS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
OTOE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
PERKINS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
PHELPS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
PHELPS.......................  MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
PLATTE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
POLK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
RED WILLOW...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
RICHARDSON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
ROCK.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
SARPY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
SAUNDERS.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
SCOTT BLUFF..................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SEWARD.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SHERIDAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  PENSTEMON, BLOWOUT...  Penstemon haydenii..  L, E         
SHERMAN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     

[[Page 7971]]

                                                                                                                
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SIOUX........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
STANTON......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
THOMAS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
THURSTON.....................  FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
VALLEY.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
WEBSTER......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WHEELER......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                                                                                
        NEW HAMPSHIRE                                                                                           
                                                                                                                
BELKNAP......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
CARROLL......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
CHESHIRE.....................  CLAMS................  MUSSEL, DWARF WEDGE..  Alasmidonta           L, E         
                                                                              heterodon.                        
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
COOS.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  CINQUEFOIL, ROBBINS'.  Potentilla            L, E, CH     
                                                                              robbinsiana.                      
GRAFTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  CINQUEFOIL, ROBBINS'.  Potentilla            L, E, CH     
                                                                              robbinsiana.                      
HILLSBOROUGH.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
MERRIMACK....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               INSECTS..............  BUTTERFLY, KARNER      Lycaeides melissa     L, E         
                                                       BLUE.                  samuelis.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
ROCKINGHAM...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
STRAFFORD....................  PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
SULLIVAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  MUSSEL, DWARF WEDGE..  Alasmidonta           L, E         
                                                                              heterodon.                        
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  MILK-VETCH, JESUP'S..  Astragalus robbinsii  L, E         
                                                                              var. jesupi.                      
                                                                                                                
          NEW MEXICO                                                                                            
                                                                                                                
BERNAILILLO..................  BIRDS................  FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, RIO GRANDE     Hybognathus amarus..  L, E         
                                                       SILVERY.                                                 
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CATRON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      TROUT, GILA..........  Salmo gilae.........  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  FLEABANE, ZUNI.......  Erigeron rhizomatus.  L, T         
CHAVES.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      

[[Page 7972]]

                                                                                                                
                               FISHES...............  GAMBUSIA, PECOS......  Gambusia nobilis....  L, E         
                                                      SHINER, PECOS          Notropis simus        L, T, CH     
                                                       BLUNTNOSE.             peconsensis.                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, KUENZLER       Echinocereus          L, E         
                                                       HEDGEHOG.              fendleri var.                     
                                                                              kuenzleri.                        
CIBOLA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
COLFAX.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CURRY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DE BACA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SHINER, PECOS          Notropis simus        L, T, CH     
                                                       BLUNTNOSE.             peconsensis.                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DONA ANA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SNEED          Coryphantha sneedii   L, E         
                                                       PINCUSHION.            var. sneedii.                     
EDDY.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  GAMBUSIA, PECOS......  Gambusia nobilis....  L, E         
                                                      SHINER, PECOS          Notropis simus        L, T, CH     
                                                       BLUNTNOSE.             peconsensis.                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, LEE            Coryphantha sneedii   L, T         
                                                       PINCUSHION.            var. leei.                        
                                                      CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
                                                      WILD-BUCKWHEAT,        Eriogonum             L, T, CH     
                                                       GYPSUM.                gypsophilum.                      
GRANT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, CHIHUAHUA......  Gila nigrescens.....  L, T         
                                                      MINNOW, LOACH........  Tiaroga cobitis.....  L, T, CH     
                                                      SHINER, BEAUTIFUL....  Notropis formosus...  L, T, CH     
                                                      SPIKEDACE............  Meda fulgida........  L, T, CH     
                                                      TOPMINNOW, GILA        Poeciliopsis          L, E         
                                                       (YAQUI).               occidentalis.                     
                                                      TROUT, GILA..........  Salmo gilae.........  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GUADALUPE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HARDING......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HIDALGO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  SPIKEDACE............  Meda fulgida........  L, T, CH     
                               MAMMALS..............  BAT, LESSER            Leptonycteris         L, E         
                                                       (=SANBORN'S) LONG-     sanborni.                         
                                                       NOSED.                                                   
                                                      BAT, MEXICAN LONG-     Leptonycteris         L, E         
                                                       NOSED.                 nivalis.                          
                                                      FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               REPTILES.............  RATTLESNAKE, NEW       Crotalus willardi     L, T, CH     
                                                       MEXICAN RIDGE-NOSED.   obscurus.                         
LEA..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         

[[Page 7973]]

                                                                                                                
                               PLANTS...............  CACTUS, KUENZLER       Echinocereus          L, E         
                                                       HEDGEHOG.              fendleri var.                     
                                                                              kuenzleri.                        
LOS ALAMOS...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LUNA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SHINER, BEAUTIFUL....  Notropis formosus...  L, T, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
MCKINLEY.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  FLEABANE, ZUNI.......  Erigeron rhizomatus.  L, T         
MORA.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
OTERO........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, KUENZLER       Echinocereus          L, E         
                                                       HEDGEHOG.              fendleri var.                     
                                                                              kuenzleri.                        
                                                      PENNYROYAL, TODSEN'S.  Hedeoma todsenii....  L, E, CH     
                                                      POPPY, SACRAMENTO      Argemone pleiacantha  L, E         
                                                       PRICKLY.               ssp. pinnatisecta.                
                                                      THISTLE, SACRAMENTO    Cirsium vinaceum....  L, T         
                                                       MOUNTAINS.                                               
QUAY.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
RIO ARRIBA...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
ROOSEVELT....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SAN JUAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, KNOWLTON.....  Pediocactus           L, E         
                                                                              knowltonii.                       
                                                      CACTUS, MESA VERDE...  Sclerocactus mesae-   L, T         
                                                                              verdae                            
                                                                              (=Pediocactus m).                 
                                                      MILK-VETCH, MANCOS...  Astragalus            L, E         
                                                                              humillimus.                       
SAN MIGUEL...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  IPOMOPSIS, HOLY GHOST  Ipomopsis sancti-     L, E         
                                                                              spiritus.                         
SANDOVAL.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, RIO GRANDE     Hybognathus amarus..  L, E         
                                                       SILVERY.                                                 
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SANTA FE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SIERRA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  TROUT, GILA..........  Salmo gilae.........  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  PENNYROYAL, TODSEN'S.  Hedeoma todsenii....  L, E, CH     
SOCORRO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               CRUSTACEAN...........  ISOPOD, SOCORRO......  Thermosphaeroma       L, E         
                                                                              (=Exosphaeroma)                   
                                                                              thermophilus.                     

[[Page 7974]]

                                                                                                                
                               FISHES...............  MINNOW, RIO GRANDE     Hybognathus amarus..  L, E         
                                                       SILVERY.                                                 
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               SNAILS...............  SPRINGSNAIL, ALAMOSA.  Tryonia alamosae....  L, E         
                                                      SPRINGSNAIL, SOCORRO.  Pyrgulopsis           L, E         
                                                                              neomexicana.                      
TAOS.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
TORRANCE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
UNION........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
VALENCIA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  MINNOW, RIO GRANDE     Hybognathus amarus..  L, E         
                                                       SILVERY.                                                 
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                                                                                
      NORTHERN MARIANAS                                                                                         
                                                                                                                
                                                                                                                
            NEVADA                                                                                              
                                                                                                                
CARSON CITY..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CHURCHILL....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CLARK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      RAIL, YUMA CLAPPER...  Rallus longirostris   L, E         
                                                                              yumanensis.                       
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, VIRGIN RIVER...  Gila robusta          L, E         
                                                                              seminuda.                         
                                                      DACE, MOAPA..........  Moapa coriacea......  L, E         
                                                      POOLFISH, PAHRUMP      Empetrichythys latos  L, E         
                                                       (=PAHRUMP KILLIFISH).                                    
                                                      PUPFISH, DEVILS HOLE.  Cyprinodon diabolis.  L, E         
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                                                      WOUNDFIN.............  Plagopterus           L, E         
                                                                              argentissimus.                    
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
DOUGLAS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
ELKO.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  DACE, CLOVER VALLEY    Rhinichthys osculus   L, E         
                                                       SPECKLED.              oligoporous.                      
                                                      DACE, INDEPENDENCE     Rhinichthys osculus   L, E         
                                                       VALLEY SPECKLED.       lethoporous.                      
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
ESMERALDA....................  REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
EUREKA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
HUMBOLDT.....................  FISHES...............  DACE, DESERT.........  Eremichthys acros...  L, T, CH     
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
LANDER.......................  FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  CHUB, PAHRANAGAT       Gila robusta jordani  L, E         
                                                       ROUNDTAIL.                                               
                                                      DACE, MOAPA..........  Moapa coriacea......  L, E         
                                                      SPINEDACE, BIG SPRING  Lepidomeda            L, T, CH     
                                                                              mollispinis                       
                                                                              pratensis.                        
                                                      SPRINGFISH, HIKO       Crenichthys baileyi   L, E, CH     
                                                       WHITE RIVER.           grandis.                          
                                                      SPRINGFISH, WHITE      Crenichthys baileyi   L, E, CH     
                                                       RIVER.                 baileyi.                          
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
LYON.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MINERAL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SPRINGFISH, HIKO       Crenichthys baileyi   L, E, CH     
                                                       WHITE RIVER.           grandis.                          
                                                      SPRINGFISH, RAILROAD   Crenichthys nevadae.  L, T, CH     
                                                       VALLEY.                                                  
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               PLANTS...............  MILK-VETCH, SODAVILLE  Astragalus            P, T         
                                                                              lentiginosus var.                 
                                                                              Seslquimetralis.                  
NYE..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  DACE, ASH MEADOWS      Rhinichthys osculus   L, E, CH     
                                                       SPECKLED.              nevadensis.                       
                                                      POOLFISH, PAHRUMP      Empetrichythys latos  L, E         
                                                       (=PAHRUMP KILLIFISH).                                    
                                                      PUPFISH, ASH MEADOWS   Cyprinodon            L, E, CH     
                                                       AMARGOSA.              nevadensis                        
                                                                              mionectes.                        
                                                      PUPFISH, DEVILS HOLE.  Cyprinodon diabolis.  L, E         
                                                      PUPFISH, WARM SPRINGS  Cyprinodon            L, E         
                                                                              nevadensis                        
                                                                              pectoralis.                       

[[Page 7975]]

                                                                                                                
                                                      SPINEDACE, WHITE       Lepidomeda            L, E, CH     
                                                       RIVER.                 albivallis.                       
                                                      SPRINGFISH, RAILROAD   Crenichthys nevadae.  L, T, CH     
                                                       VALLEY.                                                  
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               INSECTS..............  NAUCORID, ASH MEADOWS  Ambrysus amargosus..  L, T, CH     
                               PLANTS...............  BLAZING STAR, ASH      Mentzelia             L, T, CH     
                                                       MEADOWS.               leucophylla.                      
                                                      CENTAURY, SPRING-      Centaurium            L, T, CH     
                                                       LOVING.                namophilum var.                   
                                                                              namophilum.                       
                                                      GUMPLANT, ASH MEADOWS  Grindelia fraxino-    L, T, CH     
                                                                              pratensis.                        
                                                      IVESIA, ASH MEADOWS..  Ivesia eremica......  L, T, CH     
                                                      MILK-VETCH, ASH        Astragalus phoenix..  L, T, CH     
                                                       MEADOWS.                                                 
                                                      NITERWORT, AMARGOSA..  Nitrophila            L, E, CH     
                                                                              mohavensis.                       
                                                      SUNRAY, ASH MEADOWS..  Enceliopsis           L, T, CH     
                                                                              nudicaulis var.                   
                                                                              corrugata.                        
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
PERSHING.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
STOREY.......................  FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
WASHOE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  CUI-UI...............  Chasmistes cujus....  L, E         
                                                      SUCKER, WARNER.......  Catostomus            L, T, CH     
                                                                              warnerensis.                      
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               PLANTS...............  BUCKWHEAT, STEAMBOAT.  Eriogonum             L, E         
                                                                              ovalifolium var.                  
                                                                              williamsiae.                      
WHITE PINE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  POOLFISH, PAHRUMP      Empetrichythys latos  L, E         
                                                       (=PAHRUMP KILLIFISH).                                    
                                                      SPINEDACE, WHITE       Lepidomeda            L, E, CH     
                                                       RIVER.                 albivallis.                       
ALBANY.......................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               INSECTS..............  BUTTERFLY, KARNER      Lycaeides melissa     L, E         
                                                       BLUE.                  samuelis.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ALLEGANY.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
BRONX........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
BROOME.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CATTARAUGUS..................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CAYUGA.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  ROSEROOT, LEEDY'S....  Sedum integrifolium   L, T         
                                                                              ssp. Leedyi.                      
CHAUTAUQUA...................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CHEMUNG......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CHENANGO.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CLINTON......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
COLUMBIA.....................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CORTLAND.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
DELAWARE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
DUTCHESS.....................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ERIE.........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ESSEX........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
FULTON.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
GENESEE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
GREENE.......................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
HAMILTON.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
HERKIMER.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
KINGS........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  AMARANTH, SEABEACH...  Amaranthus pumilus..  L, T         
LEWIS........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
LIVINGSTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
MADISON......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  FERN, AMERICAN HART'S- Phyllitis             L, T         
                                                       TONGUE.                scolopendrium var.                
                                                                              americana.                        
                               SNAILS...............  SNAIL, CHITTENANGO     Succinea              L, T         
                                                       OVATE AMBER.           chittenangoensis.                 
MONROE.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
MONTGOMERY...................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NASSAU.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     

[[Page 7976]]

                                                                                                                
                               PLANTS...............  AMARANTH, SEABEACH...  Amaranthus pumilus..  L, T         
                                                      GERARDIA, SANDPLAIN..  Agalinus acuta......  L, E         
                               REPTILES.............  TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
NEW YORK.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NIAGARA......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ONEIDA.......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ONONDAGA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  FERN, AMERICAN HART'S- Phyllitis             L, T         
                                                       TONGUE.                scolopendrium var.                
                                                                              americana.                        
                                                      POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
ONTARIO......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ORANGE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               CLAMS................  MUSSEL, DWARF WEDGE..  Alasmidonta           L, E         
                                                                              heterodon.                        
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ORLEANS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E         
OSWEGO.......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
PUTNAM.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
QUEENS.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
RENSSELAER...................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
RICHMOND.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ROCKLAND.....................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
SARATOGA.....................  INSECTS..............  BUTTERFLY, KARNER      Lycaeides melissa     L, E         
                                                       BLUE.                  samuelis.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
SCHENECTADY..................  INSECTS..............  BUTTERFLY, KARNER      LYCAEIDES MELISSA     L, E         
                                                       BLUE.                  SAMUELIS.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
SCHOHARIE....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
SCHUYLER.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  ROSEROOT, LEEDY'S....  SEDUM INTEGRIFOLIUM   L, T         
                                                                              SSP. LEEDYI.                      
SENECA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ST LAWRENCE..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
STEUBEN......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
SUFFOLK......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               PLANTS...............  AMARANTH, SEABEACH...  Amaranthus pumilus..  L, T         
                                                      GERARDIA, SANDPLAIN..  Agalinus acuta......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                               REPTILES.............  TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
SULLIVAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
TIOGA........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
TOMPKINS.....................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ULSTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  MONKSHOOD, NORTHERN    Aconitum              L, T         
                                                       WILD.                  noveboracense.                    
WARREN.......................  INSECTS..............  BUTTERFLY, KARNER      Lycaeides melissa     L, E         
                                                       BLUE.                  samuelis.                         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E         
WASHINGTON...................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WAYNE........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WESTCHESTER..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WYOMING......................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     

[[Page 7977]]

                                                                                                                
YATES........................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  ROSEROOT, LEEDY'S....  Sedum integrifolium   L, T         
                                                                              ssp. Leedyi.                      
                                                                                                                
           OKLAHOMA                                                                                             
                                                                                                                
ADAIR........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, OZARK BIG-EARED.  Plecotus townsendii   L, E         
                                                                              ingens.                           
ALFALFA......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ATOKA........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BEAVER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
BECKHAM......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
BLAINE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
BRYAN........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               REPTILES.............  ALLIGATOR, AMERICAN..  Alligator             L, T         
                                                                              mississippiensis.                 
CADDO........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
CANADIAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
CARTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
CHEROKEE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, OZARK BIG-EARED.  Plecotus townsendii   L, E         
                                                                              ingens.                           
CHOCTAW......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, EASTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       leucophaea.                       
CIMARRON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  SHINER, ARKANSAS       NOTROPIS GIRARDI....  P, E         
                                                       RIVER.                                                   
CLEVELAND....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
COMANCHE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
COTTON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CRAIG........................  FISHES...............  CAVEFISH, OZARK......  Amblyopsis rosae....  L, T         
                                                      MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CREEK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7978]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CUSTER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
DELAWARE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CAVEFISH, OZARK......  Amblyopsis rosae....  L, T         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, OZARK BIG-EARED.  Plecotus townsendii   L, E         
                                                                              ingens.                           
DEWEY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ELLIS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
GARFIELD.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
GARVIN.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GRADY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
GRANT........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
GREER........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
HARMON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HARPER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HASKELL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
HUGHES.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
JACKSON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
JEFFERSON....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
JOHNSTON.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KAY..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KINGFISHER...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
KIOWA........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
LATIMER......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
LE FLORE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 7979]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               CLAMS................  ROCK-POCKETBOOK,       Arkansia (=Arcidens)  L, E         
                                                       OUACHITA.              wheeleri.                         
                                                      ROCK-POCKETBOOK,       Arkansia (=Arcidens)  L, E         
                                                       OUACHITA (=WHEELER'S   wheeleri.                         
                                                       PM).                                                     
                               FISHES...............  DARTER, LEOPARD......  Percina pantherina..  L, T, CH     
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
LINCOLN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LOGAN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
LOVE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MAJOR........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MARSHALL.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MAYES........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  CAVEFISH, OZARK......  Amblyopsis rosae....  L, T         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
MCCLAIN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MCCURTAIN....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               FISHES...............  DARTER, LEOPARD......  Percina pantherina..  L, T, CH     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               REPTILES.............  ALLIGATOR, AMERICAN..  Alligator             L, T         
                                                                              mississippiensis.                 
MCINTOSH.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
MURRAY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MUSKOGEE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NOBLE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
NOWATA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
OKLAHOMA.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
OSAGE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
OTTAWA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CAVEFISH, OZARK......  Amblyopsis rosae....  L, T         
                                                      MADTOM, NEOSHO.......  Noturus placidus....  L, T         
                               MAMMALS..............  BAT, GRAY............  Myotis grisescens...  L, E         
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, OZARK BIG-EARED.  Plecotus townsendii   L, E         
                                                                              ingens.                           

[[Page 7980]]

                                                                                                                
PAWNEE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
PAYNE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
PITTSBURG....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
PONTOTOC.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
POTTAWATOMIE.................  BIRDS................  TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
PUSHMATAHA...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               CLAMS................  ROCK-POCKETBOOK,       Arkansia (=Arcidens)  L, E         
                                                       OUACHITA.              wheeleri.                         
                                                      ROCK-POCKETBOOK,       Arkansia (=Arcidens)  L, E         
                                                       OUACHITA (=WHEELER'S   wheeleri.                         
                                                       PM).                                                     
                               FISHES...............  DARTER, LEOPARD......  Percina pantherina..  L, T, CH     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ROGER MILLS..................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ROGERS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SEMINOLE.....................  BIRDS................  TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
SEQUOYAH.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                                                      BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                                                      BAT, OZARK BIG-EARED.  Plecotus townsendii   L, E         
                                                                              ingens.                           
STEPHENS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
TEXAS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
TILLMAN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
TULSA........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
WAGONER......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WASHINGTON...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
WASHITA......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
WOODS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
WOODWARD.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      

[[Page 7981]]

                                                                                                                
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                                                                                
            OREGON                                                                                              
                                                                                                                
BAKER........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
BENTON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               PLANTS...............  CHECKER-MALLOW,        SIDALCEA NELSONIANA.  L, T         
                                                       NELSON'S.                                                
                                                      LOMATIUM, BRADSHAW'S.  Lomatium bradshawii.  L, E         
CLACKAMAS....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
CLATSOP......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
COLUMBIA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
COOS.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               PLANTS...............  LILY, WESTERN........  Lilium occidentale..  L, E         
CROOK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CURRY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  SALMON, COHO           Oncorhynchus kisutch  L, T         
                                                       (SOUTHERN OR/                                            
                                                       NORTHERN CA COAST).                                      

[[Page 7982]]

                                                                                                                
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               PLANTS...............  ROCK-CRESS, RED MT...  Arabis mcdonaldiana.  L, E         
DESCHUTES....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
DOUGLAS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                                                      TROUT, CUTTHROAT       Oncorhynchus clarki   L, E         
                                                       (UMPQUA RIVER          clarki.                           
                                                       POPULATION).                                             
                                                      TROUT, CUTTHROAT       Oncorhynchus clarki   L, E         
                                                       (UMPQUA RIVER          clarki.                           
                                                       POPULATION).                                             
                                                      TROUT, CUTTHROAT       Oncorhynchus clarki   L, E         
                                                       (UMPQUA RIVER          clarki.                           
                                                       POPULATION).                                             
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
GILLIAM......................  FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
GRANT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FALCON, PEREGRINE............  Falco peregrinus.....  L, E.................                                     
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
HARNEY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CHUB, BORAX LAKE.....  Gila boraxobius.....  L, E, CH     
                                                      TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
                               PLANTS...............  WIRE-LETTUCE, MALHEUR  Stephanomeria         L, E, CH     
                                                                              malheurensis.                     
HOOD RIVER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
JACKSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
JOSEPHINE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
KLAMATH......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      SUCKER, LOST RIVER...  Deltistes luxatus...  L, E         
                                                      SUCKER, SHORTNOSE....  Chasmistes            L, E         
                                                                              brevirostris.                     
                                                      TROUT, BULL (KLAMATH   Salvelinus            P, E         
                                                       RIVER POPULATION).     confluentus.                      
                               PLANTS...............  MILK-VETCH,            Astragalus            L, E         
                                                       APPLEGATE'S.           applegatei.                       

[[Page 7983]]

                                                                                                                
LAKE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  CHUB, HUTTON TUI.....  Gila bicolor ssp....  L, T         
                                                      DACE, FOSKETT          Rhinichthys osculus   L, T         
                                                       SPECKLED.              ssp..                             
                                                      SUCKER, WARNER.......  Catostomus            L, T, CH     
                                                                              warnerensis.                      
                                                      TROUT, BULL (KLAMATH   Salvelinus            P, E         
                                                       RIVER POPULATION).     confluentus.                      
LANE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
                               PLANTS...............  LOMATIUM, BRADSHAW'S.  Lomatium bradshawii.  L, E         
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
LINN.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
                                                      LOMATIUM, BRADSHAW'S.  Lomatium bradshawii.  L, E         
MALHEUR......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
MARION.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
                                                      LOMATIUM, BRADSHAW'S.  Lomatium bradshawii.  L, E         
MORROW.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
MULTNOMAH....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
POLK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       

[[Page 7984]]

                                                                                                                
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  CHUB, OREGON.........  Oregonichthys         L, E         
                                                                              crameri.                          
                                                      STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
                                                      LOMATIUM, BRADSHAW'S.  Lomatium bradshawii.  L, E         
SHERMAN......................  FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
TILLAMOOK....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      STEELHEAD, OREGON      Oncorhynchus mykiss,  P, T         
                                                       COAST POPULATION.      (Oregon Coast ESU).               
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
UMATILLA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
UNION........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
WALLOWA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               PLANTS...............  FOUR-O'CLOCK,          Mirabilis             L, T         
                                                       MACFARLANE'S.          macfarlanei.                      
WASCO........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     Confluentus.                      
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
WHEELER......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
YAMHILL......................  BIRDS................  OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, KLAMATH     Oncoryhnchus mykiss.  P, T         
                                                       MOUNTAINS PROVINCE.                                      
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
                                                                                                                
         PUERTO RICO                                                                                            
                                                                                                                
ADJUNTAS.....................  AMPHIBIANS...........  COQUI, GOLDEN........  Eleutherodactylus     L, T, CH     
                                                                              jasperi.                          
                               PLANTS...............  ERUBIA...............  Solanum drymophilum.  L, E         
                                                      WALNUT, NOGAL........  Juglans jamaicensis.  L,L          
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         

[[Page 7985]]

                                                                                                                
AGUADA.......................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               PLANTS...............  BOXWOOD, VAHL'S......  Buxus vahlii........  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
AGUADILLA....................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
ANASCO.......................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
ARECIBO......................  BIRDS................  FALCON, AMERICAN       Falco peregrinus      L, E, CH     
                                                       PEREGRINE.             anatum.                           
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CHUPACALLOS..........  Pleodendron           L, E         
                                                                              macranthum.                       
                                                      MYRCIA PAGANII.......  Myrcia paganii......  L, E         
                                                      PALMA DE MANACA......  Calyptronoma rivalis  L, T         
                                                      PALO DE NIGUA........  Cornutia obovata....  L, E         
                                                      TECTARIA ESTREMERANA.  Tectaria estremerana  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
ARROYA.......................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
BARCELONETA..................  REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
BARRANQUITAS.................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                               PLANTS...............  PALO DE NIGUA........  Cornutia obovata....  L, E         
BAYAMON......................  PLANTS...............  BOXWOOD, VAHL'S......  Buxus vahlii........  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
CABO ROJO....................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  ARISTIDA CHASEAE.....  Aristida chaseae....  L, E         
                                                      BARIACO..............  Trichilia triacantha  L, E         
                                                      COBANA NEGRA.........  Stahlia monosperma..  L, T         
                                                      EUGENIA WOODBURYANA..  Eugenia woodburyana.  L, E         
                                                      LYONIA TRUNCATA VAR.   Lyonia truncata var.  L, E         
                                                       PROCTORII.             proctorii.                        
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       MAXWELLIAE.            maxwelliae.                       
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       POLYCLADUS.            polycladus.                       
                                                      PELOS DEL DIABLO.....  Aristida              L, E         
                                                                              portoricensis.                    
                                                      VERNONIA PROCTORII...  Vernonia proctorii..  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
CAMUY........................  PLANTS...............  PALMA DE MANACA......  Calyptronoma rivalis  L, T         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
CAROLINA.....................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
CARTAGENA LAGOON.............  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CATANO.......................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
CAYEY........................  BIRDS................  PIGEON, PUERTO RICAN   Columbia inornata     L, E         
                                                       PLAIN.                 wetmorei.                         
                               PLANTS...............  UVILLO...............  Eugenia haematocarpa  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
CEIBA........................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus..........  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  ILEX SINTENISII......  Ilex sintenisii.....  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
CIALES.......................  PLANTS...............  FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       INABONENSIS.           inabonensis.                      
                                                      FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       YAUCOENSIS.            yaucoensis.                       
CIDRA........................  BIRDS................  PIGEON, PUERTO RICAN   Columbia inornata     L, E         
                                                       PLAIN.                 wetmorei.                         
COAMO........................  AMPHIBIANS...........  TOAD, PUERTO RICAN     Peltophryne lemur...  L, T         
                                                       CRESTED.                                                 

[[Page 7986]]

                                                                                                                
                               PLANTS...............  PRICKLY-ASH, ST        Zanthoxylum           L, E         
                                                       THOMAS.                thomasianum.                      
COMERIO......................  BIRDS................  PIGEON, PUERTO RICAN   Columbia inornata     L, E         
                                                       PLAIN.                 wetmorei.                         
CULEBRA......................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               PLANTS...............  LEPTOCEREUS            Leptocereus           L, E         
                                                       GRANTIANUS.            grantianus.                       
                                                      PEPEROMIA, WHEELER'S.  Peperomia wheeleri..  L, E         
                               REPTILES.............  ANOLE, CULEBRA ISLAND  Anolis roosevelti...  L, E, CH     
                                                       GIANT.                                                   
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
DORADO.......................  AMPHIBIANS...........  TOAD, PUERTO RICAN     Peltophryne lemur...  L, T         
                                                       CRESTED.                                                 
                               BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CASSIA MIRABILIS.....  Cassia mirabilis....  L, E         
                                                      DAPHNOPSIS HELLERANA.  Daphnopsis hellerana  L, E         
                                                      PALO DE RAMON........  Banara vanderbiltii.  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
FAJARDO......................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  ORTEGON..............  Coccolobra rugosa...  P, T         
                                                      SCHOEPFIA ARENARIA...  Schoepfia arenaria..  L, T         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
GUANICA......................  AMPHIBIANS...........  TOAD, PUERTO RICAN     Peltophryne lemur...  L, T         
                                                       CRESTED.                                                 
                               BIRDS................  NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  BARIACO..............  Trichilia triacantha  L, E         
                                                      EUGENIA WOODBURYANA..  Eugenia woodburyana.  L, E         
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       MAXWELLIAE.            maxwelliae.                       
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       POLYCLADUS.            polycladus.                       
                                                      PALO DE ROSA.........  Ottoschulzia          L, E         
                                                                              rhodoxylon.                       
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
GUAYAMA......................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
GUAYANILLA...................  BIRDS................  NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  BARIACO..............  Trichilia triacantha  L, E         
GURABO.......................  PLANTS...............  ORTEGON..............  Coccolobra rugosa...  P, T         
HATILLO......................  PLANTS...............  FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       VERECUNDA.             verecunda.                        
                                                      PALMA DE MANACA......  Calyptronoma rivalis  L, T         
                                                      PALO DE NIGUA........  Cornutia obovata....  L, E         
HORMIGUEROS..................  PLANTS...............  PELOS DEL DIABLO.....  Aristida              L, E         
                                                                              portoricensis.                    
HUMACAO......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               PLANTS...............  ORTEGON..............  Coccolobra rugosa...  P, T         
                               REPTILES.............  TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
ISABELA......................  AMPHIBIANS...........  TOAD, PUERTO RICAN     Peltophryne lemur...  L, T         
                                                       CRESTED.                                                 
                               PLANTS...............  AUERODENDRON           Auerodendron          L, E         
                                                       PAUCIFLORUM (NCN).     pauciflorum.                      
                                                      AUERODENDRON           Auerodendron          L, E         
                                                       PAUCIFLORUM (NCN).     pauciflorum.                      
                                                      DAPHNOPSIS HELLERANA.  Daphnopsis hellerana  L, E         
                                                      GOETZEA, BEAUTIFUL     Goetzea elegans.....  L, E         
                                                       (MATABUEY).                                              
                                                      PEPEROMIA, WHEELER'S.  Peperomia wheeleri..  L, E         
                                                      PRICKLY-ASH, ST        Zanthoxylum           L, E         
                                                       THOMAS.                thomasianum.                      
                                                      SCHOEPFIA ARENARIA...  Schoepfia arenaria..  L, T         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
JAYUYA.......................  PLANTS...............  FERN, ELAPHOGLOSSUM    Fern, elaphoglossum   L, E         
                                                       SERPENS.               serpens.                          
                                                      HOLLY, COOK'S........  Ilex cookii.........  L, E         
                                                      TREE FERN, ELFIN.....  Cyathea               L, E         
                                                                              dryopteroides.                    
JUANA DIAZ...................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
LAJAS........................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, AMERICAN       Falco peregrinus      L, E, CH     
                                                       PEREGRINE.             anatum.                           
                                                      NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      TERN, ROSEATE........  Sterna dougalli       L, E, T      
                                                                              dougalli.                         
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  ARISTIDA CHASEAE.....  Aristida chaseae....  L, E         

[[Page 7987]]

                                                                                                                
                                                      COBANA NEGRA.........  Stahlia monosperma..  L, T         
                                                      EUGENIA WOODBURYANA..  Eugenia woodburyana.  L, E         
                                                      LYONIA TRUNCATA VAR.   Lyonia truncata var.  L, E         
                                                       PROCTORII.             proctorii.                        
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       MAXWELLIAE.            maxwelliae.                       
                                                      MITRACARPUS            Mitracarpus           L, E         
                                                       POLYCLADUS.            polycladus.                       
                                                      PELOS DEL DIABLO.....  Aristida              L, E         
                                                                              portoricensis.                    
                                                      VERNONIA PROCTORII...  Vernonia proctorii..  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
LARES........................  PLANTS...............  PALO DE NIGUA........  Cornutia obovata....  L, E         
LOIZA........................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  SCHOEPFIA ARENARIA...  Schoepfia arenaria..  L, T         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
LUQUILLO.....................  BIRDS................  HAWK, PUERTO RICAN     Buteo platypterus     L, E         
                                                       BROAD-WINGED.          brunnescens.                      
                                                      HAWK, PUERTO RICAN     Accipiter striatus    L, E         
                                                       SHARP-SHINNED.         venator.                          
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  COBANA NEGRA.........  Stahlia monosperma..  L, T         
                                                      ORTEGON..............  Coccolobra rugosa...  P, T         
                                                      PALO COLORADO          Ternstroemia          L, E         
                                                       (TERNSTROEMIA          luquillensis.                     
                                                       LUQUILLENSIS).                                           
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
MANATI.......................  PLANTS...............  CASSIA MIRABILIS.....  Cassia mirabilis....  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
MARICAO......................  BIRDS................  HAWK, PUERTO RICAN     Buteo platypterus     L, E         
                                                       BROAD-WINGED.          brunnescens.                      
                                                      HAWK, PUERTO RICAN     Accipiter striatus    L, E         
                                                       SHARP-SHINNED.         venator.                          
                               PLANTS...............  CORDIA BELLONIS (NCN)  Cordia bellonis       L, E         
                                                                              (ncn).                            
                                                      CRANICHIS RICARTII...  Cranichis ricartii..  L, E         
                                                      GESNERIA PAUCIFLORA..  Gesneria pauciflora.  L, T         
                                                      HIGUERO DE SIERRA....  Crecentia             L, E         
                                                                              portoricensis.                    
                                                      PALO DE ROSA.........  Ottoschulzia          L, E         
                                                                              rhodoxylon.                       
MAUNABO......................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
MAYAGUEZ.....................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, AMERICAN       Falco peregrinus      L, E, CH     
                                                       PEREGRINE.             anatum.                           
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CHUMBO, HIGO.........  Harrisia (=Cereus)    L, T         
                                                                              portoricensis.                    
                                                      PELOS DEL DIABLO.....  Aristida              L, E         
                                                                              portoricensis.                    
                               REPTILES.............  BOA, MONA............  Epicrates monensis    L, T, CH     
                                                                              monensis.                         
                                                      BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      GECKO, MONITO........  Sphaerodactylus       L, E, CH     
                                                                              micropithecus.                    
                                                      IGUANA, MONA GROUND..  Cyclura stejnegeri..  L, T, CH     
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
NAGUABO......................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CAPA ROSA............  Callicarpa ampla....  L, E         
                                                      CHUPACALLOS..........  Pleodendron           L, E         
                                                                              macranthum.                       
                                                      LEPANTHES ELTORENSIS.  Lepanthes eltorensis  L, E         
                                                      ORTEGON..............  Coccolobra rugosa...  P, T         
                                                      TERNSTROEMIA           Ternstroemia          L, E         
                                                       SUBSESSILIS.           subsessilis.                      
                                                      UVILLO...............  Eugenia haematocarpa  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
PATILLAS.....................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
PENUELAS.....................  BIRDS................  NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  POLYSTICHUM            Polystichum           L, E         
                                                       CALDERONENSE (NCN).    calderonenense.                   
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
PONCE........................  BIRDS................  NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       INABONENSIS.           inabonensis.                      
                                                      HOLLY, COOK'S........  Ilex cookii.........  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
QUEBRADILLAS.................  AMPHIBIANS...........  TOAD, PUERTO RICAN     Peltophryne lemur...  L, T         
                                                       CRESTED.                                                 
                               PLANTS...............  ADIANTUM VIVESII       Adiantum vivesii....  L, E         
                                                       (NCN).                                                   
                                                      FERN, ADIANTUM         Fern, adiantum        L, E         
                                                       VIVESII.               vivesii.                          
                                                      FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       VERECUNDA.             verecunda.                        

[[Page 7988]]

                                                                                                                
                                                      GOETZEA, BEAUTIFUL     Goetzea elegans.....  L, E         
                                                       (MATABUEY).                                              
                                                      MYRCIA PAGANII.......  Myrcia paganii......  L, E         
                                                      PALMA DE MANACA......  Calyptronoma rivalis  L, T         
RINCON.......................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  BOXWOOD, VAHL'S......  Buxus vahlii........  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
RIO GRANDE...................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, AMERICAN       Falco peregrinus      L, E, CH     
                                                       PEREGRINE.             anatum.                           
                                                      PARROT, PUERTO RICAN.  Amazona vittata.....  L, E         
                               PLANTS...............  CAPA ROSA............  Callicarpa ampla....  L, E         
                                                      CHUPACALLOS..........  Pleodendron           L, E         
                                                                              macranthum.                       
                                                      COBANA NEGRA.........  Stahlia monosperma..  L, T         
                                                      ILEX SINTENISII......  Ilex sintenisii.....  L, E         
                                                      LEPANTHES ELTORENSIS.  Lepanthes eltorensis  L, E         
                                                      ORTEGON..............  Coccolobra rugosa...  P, T         
                                                      PALO COLORADO          Ternstroemia          L, E         
                                                       (TERNSTROEMIA          luquillensis.                     
                                                       LUQUILLENSIS).                                           
                                                      PALO DE JAZMIN.......  Styrax portoricensis  L, E         
                                                      PALO DE NIGUA........  Cornutia obovata....  L, E         
                                                      UVILLO...............  Eugenia haematocarpa  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
SABANA GRANDE................  PLANTS...............  GESNERIA PAUCIFLORA..  Gesneria pauciflora.  L, T         
                                                      HIGUERO DE SIERRA....  Crecentia             L, E         
                                                                              portoricensis.                    
                                                      PALO DE ROSA.........  Ottoschulzia          L, E         
                                                                              rhodoxylon.                       
SALINAS......................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PIGEON, PUERTO RICAN   Columbia inornata     L, E         
                                                       PLAIN.                 wetmorei.                         
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
SAN GERMAN...................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                               PLANTS...............  CRANICHIS RICARTII...  Cranichis ricartii..  L, E         
                                                      HIGUERO DE SIERRA....  Crecentia             L, E         
                                                                              portoricensis.                    
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
SAN JUAN.....................  BIRDS................  BLACKBIRD, YELLOW-     Agelaius xanthomus..  L, E, CH     
                                                       SHOULDERED.                                              
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
SAN LORENZO..................  AMPHIBIANS...........  GUAJON                 Eleutherodactylus     P, T         
                                                       (ELEUTHERODACTYLUS     cooki.                            
                                                       COOKI).                                                  
SAN SEBASTIAN................  PLANTS...............  FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       VERECUNDA.             verecunda.                        
                                                      PALMA DE MANACA......  Calyptronoma rivalis  L, T         
SANTA ISABEL.................  BIRDS................  PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
TOA BAJA.....................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  DAPHNOPSIS HELLERANA.  Daphnopsis hellerana  L, E         
                                                      ORTEGON..............  Coccolobra rugosa...  P, T         
                                                      PALO DE ROSA.........  Ottoschulzia          L, E         
                                                                              rhodoxylon.                       
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
UTUADO.......................  BIRDS................  HAWK, PUERTO RICAN     Buteo platypterus     L, E         
                                                       BROAD-WINGED.          brunnescens.                      
                                                      HAWK, PUERTO RICAN     Accipiter striatus    L, E         
                                                       SHARP-SHINNED.         venator.                          
                                                      PIGEON, PUERTO RICAN   Columbia inornata     L, E         
                                                       PLAIN.                 wetmorei.                         
                               PLANTS...............  PALMA DE MANACA......  Calyptronoma rivalis  L, T         
                                                      PALO DE NIGUA........  Cornutia obovata....  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
VEGA ALTA....................  MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CASSIA MIRABILIS.....  Cassia mirabilis....  L, E         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
                                                      TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
VEGA BAJA....................  PLANTS...............  CASSIA MIRABILIS.....  Cassia mirabilis....  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
VIEQUES......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  CALYPTRANTHES          Calyptranthes         L, E         
                                                       THOMASIANA.            thomasiana.                       
                                                      COBANA NEGRA.........  Stahlia monosperma..  L, T         

[[Page 7989]]

                                                                                                                
                                                      MYRCIA PAGANII.......  Myrcia paganii......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
YABUCOA......................  AMPHIBIANS...........  GUAJON                 Eleutherodactylus     P, T         
                                                       (ELEUTHERODACTYLUS     cooki.                            
                                                       COOKI).                                                  
                               MAMMALS..............  MANATEE, WEST INDIAN   Trichechus manatus..  L, E, CH     
                                                       (FLORIDA).                                               
                               PLANTS...............  ORTEGON..............  Coccolobra rugosa...  P, T         
                               REPTILES.............  BOA, PUERTO RICAN....  Epicrates inornatus.  L, E         
YAUCO........................  BIRDS................  NIGHTJAR, PUERTO RICO  Caprimulgus           L, E         
                                                                              noctitherus.                      
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               PLANTS...............  BARIACO..............  Trichilia triacantha  L, E         
                                                      FERN, THELYPTERIS      Fern, thelypteris     L, E         
                                                       YAUCOENSIS.            yaucoensis.                       
                                                      HIGUERO DE SIERRA....  Crecentia             L, E         
                                                                              portoricensis.                    
                                                      PALO DE ROSA.........  Ottoschulzia          L, E         
                                                                              rhodoxylon.                       
                               REPTILES.............  TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                                                                                
         RHODE ISLAND                                                                                           
                                                                                                                
KENT.........................  FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
NEWPORT......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
PROVIDENCE...................  MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  POGONIA, SMALL         Isotria medeoloides.  L, T         
                                                       WHORLED.                                                 
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               FISHES...............  STURGEON, SHORTNOSE..  Acipenser             L, E         
                                                                              brevirostrum.                     
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  GERARDIA, SANDPLAIN..  Agalinus acuta......  L, E         
                                                                                                                
         SOUTH DAKOTA                                                                                           
                                                                                                                
AURORA.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BEADLE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BENNETT......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BON HOMME....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
BROOKINGS....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BROWN........................  PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
BRULE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
BUFFALO......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
BUTTE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CAMPBELL.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CHARLES MIX..................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
CLARK........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7990]]

                                                                                                                
CLAY.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CODINGTON....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
CORSON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CUSTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DAVISON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
DAY..........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DEUEL........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
DEWEY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
DOUGLAS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
EDMUNDS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FALL RIVER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
FAULK........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
GRANT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
GREGORY......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
HAAKON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HAMLIN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HAND.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HARDING......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HUGHES.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
HUTCHINSON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HYDE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
JACKSON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
JERAULD......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 7991]]

                                                                                                                
JONES........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
KINGSBURY....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
LAWRENCE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
LYMAN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
MARSHALL.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MC PHERSON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MEADE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
MELLETTE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
MINER........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MINNEHAHA....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
MOODY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
PENNINGTON...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
PERKINS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
POTTER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ROBERTS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
SANBORN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SPINK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
STANLEY......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SULLY........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
TODD.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
TRIPP........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
TURNER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        

[[Page 7992]]

                                                                                                                
UNION........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               INSECTS..............  BEETLE, AMERICAN       Nicrophorus           L, E         
                                                       BURYING.               americanus.                       
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
WALWORTH.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
YANKTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               FISHES...............  STURGEON, PALLID.....  Scaphirhynchus albus  L, E         
                               PLANTS...............  ORCHID, WESTERN        Platanthera           L, T         
                                                       PRAIRIE FRINGED.       praeclara.                        
ZIEBACH......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                                                                                
            TEXAS                                                                                               
                                                                                                                
ANDERSON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
ANGELINA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
ARANSAS......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                                                      JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
ARCHER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
ATASCOSA.....................  MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
AUSTIN.......................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
BAILEY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
BANDERA......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              (=Echinocactus t,                 
                                                                              Mammila.                          
BASTROP......................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
BAYLOR.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
BEE..........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
BELL.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
BEXAR........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
BLANCO.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
BOSQUE.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     

[[Page 7993]]

                                                                                                                
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
BOWIE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
BRAZORIA.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
BRAZOS.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
BREWSTER.....................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      FLYCATCHER,            Empiodonax traillii   L, E         
                                                       SOUTHWESTERN WILLOW.   extimus.                          
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               FISHES...............  GAMBUSIA, BIG BEND...  Gambusia gaigei.....  L, E         
                               MAMMALS..............  BAT, MEXICAN LONG-     Leptonycteris         L, E         
                                                       NOSED.                 nivalis.                          
                               PLANTS...............  CACTUS, BUNCHED CORY.  Coryphantha           L, T         
                                                                              ramillosa.                        
                                                      CACTUS, CHISOS         Echinocereus          L, T         
                                                       MOUNTAIN HEDGEHOG.     reichenbachii var.                
                                                                              chisoensis.                       
                                                      CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
                                                      CACTUS, LLOYD'S        Neolloydia            L, T         
                                                       MARIPOSA.              mariposensis.                     
                                                      CACTUS, NELLIE CORY..  Coryphantha minima..  L, E         
                                                      CAT'S-EYE, TERLINGUA   Cryptantha crassipes  L, E         
                                                       CREEK.                                                   
                                                      PITAYA, DAVIS' GREEN.  Echinocereus          L, E         
                                                                              viridiflorus var.                 
                                                                              davisii.                          
BROOKS.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
BROWN........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
BURLESON.....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
BURNET.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
CALDWELL.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               FISHES...............  DARTER, FOUNTAIN.....  Etheostoma fonticola  L, E, CH     
CALHOUN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
CAMERON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               FISHES...............  MINNOW, RIO GRANDE     Hybognathus amarus..  L, E         
                                                       SILVERY.                                                 
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     

[[Page 7994]]

                                                                                                                
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
CASS.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
CHAMBERS.....................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
CHEROKEE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
CHILDRESS....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
CLAY.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
COKE.........................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               PLANTS...............  POPPY-MALLOW, TEXAS..  Callirhoe             L, E         
                                                                              scabriuscula.                     
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
COLEMAN......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
COLLINGSWORTH................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
COLORADO.....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
COMAL........................  AMPHIBIANS...........  SALAMANDER, SAN        Eurycea nana........  L, T, CH     
                                                       MARCOS.                                                  
                               BIRDS................  WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               CRUSTACEAN...........  AMPHIPOD, PECK'S CAVE  Stygobromus pecki...  P, E         
                                                      AMPHIPOD, PECK'S CAVE  Stygobromus pecki...  P, E         
                               FISHES...............  DARTER, FOUNTAIN.....  Etheostoma fonticola  L, E, CH     
                               INSECTS..............  BEETLE, COMAL SPRINGS  Stygoparnus           P, E         
                                                       DRYOPID.               comalensis.                       
                                                      BEETLE, COMAL SPRINGS  Heterelmis            P, E         
                                                       RIFFLE.                comalensis.                       
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
COMANCHE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
CONCHO.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
COOKE........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
CORYELL......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
CROCKETT.....................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
CULBERSON....................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
                                                      CACTUS, SNEED          Coryphantha sneedii   L, E         
                                                       PINCUSHION.            var. sneedii.                     
DALLAS.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
DE WITT......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
DIMMIT.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                               MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
DUVAL........................  MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
ECTOR........................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
EDWARDS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              (=Echinocactus t.,                
                                                                              Mammila.                          

[[Page 7995]]

                                                                                                                
                                                      SNOWBELLS, TEXAS.....  Styrax texana.......  L, E         
EL PASO......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                               PLANTS...............  CACTUS, SNEED          Coryphantha sneedii   L, E         
                                                       PINCUSHION.            var. sneedii.                     
ELLIS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
ERATH........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
FALLS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
FANNIN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
FAYETTE......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
FORT BEND....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  DAWN-FLOWER, TEXAS     Hymenoxys texana....  L, E         
                                                       PRAIRIE (=TEXAS                                          
                                                       BITTERWEED.                                              
                                                      FLOWER, TEXAS PRAIRIE  Hymenoxys texana....  L, E         
                                                       DAWN.                                                    
FREESTONE....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
                                                      SAND-VERBENA, LARGE-   Abronia macrocarpa..  L, E         
                                                       FRUITED.                                                 
FRIO.........................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
GALVESTON....................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
GILLESPIE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
GOLIAD.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
GONZALES.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
GRAYSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
GREGG........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
GRIMES.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
GUADALUPE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
HALL.........................  BIRDS................  TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HAMILTON.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
HARDEMAN.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HARDIN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               PLANTS...............  PHLOX, TEXAS TRAILING  Phlox nivalis ssp.    L, E         
                                                                              texensis.                         
HARRIS.......................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  DAWN-FLOWER, TEXAS     Hymenoxys texana....  L, E         
                                                       PRAIRIE (=TEXAS                                          
                                                       BITTERWEED.                                              
                                                      FLOWER, TEXAS PRAIRIE  Hymenoxys texana....  L, E         
                                                       DAWN.                                                    
HARRISON.....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  DAWN-FLOWER, TEXAS     Hymenoxys texana....  L, E         
                                                       PRAIRIE (=TEXAS                                          
                                                       BITTERWEED.                                              
                                                      FLOWER, TEXAS PRAIRIE  Hymenoxys texana....  L, E         
                                                       DAWN.                                                    

[[Page 7996]]

                                                                                                                
HASKELL......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
HAYS.........................  AMPHIBIANS...........  SALAMANDER, SAN        Eurycea nana........  L, T, CH     
                                                       MARCOS.                                                  
                                                      SALAMANDER, TEXAS      Typhlomolge rathbuni  L, E         
                                                       BLIND.                                                   
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               CRUSTACEAN...........  AMPHIPOD, PECK'S CAVE  Stygobromus pecki...  P, E         
                                                      AMPHIPOD, PECK'S CAVE  Stygobromus pecki...  P, E         
                               FISHES...............  DARTER, FOUNTAIN.....  Etheostoma fonticola  L, E, CH     
                                                      GAMBUSIA, SAN MARCOS.  Gambusia georgei....  L, E, CH     
                               INSECTS..............  BEETLE, COMAL SPRINGS  Stygoparnus           P, E         
                                                       DRYOPID.               comalensis.                       
                                                      BEETLE, COMAL SPRINGS  Heterelmis            P, E         
                                                       RIFFLE.                comalensis.                       
                                                      BEETLE, COMAL SPRINGS  Heterelmis            P, E         
                                                       RIFFLE.                comalensis.                       
                               PLANTS...............  WILD-RICE, TEXAS.....  Zizania texana......  L, E, CH     
HEMPHILL.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
HENDERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HIDALGO......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  AYENIA, TEXAS........  Ayenia limitaris....  L, E         
                                                      MANIOC, WALKER'S.....  Manihot walkerae....  L, E         
HILL.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HOOD.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
HOUSTON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
HUDSPETH.....................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
                                                      CACTUS, SNEED          Coryphantha sneedii   L, E         
                                                       PINCUSHION.            var. sneedii.                     
HUNT.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
HUTCHINSON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
IRION........................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
JACKSON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
JASPER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
JEFF DAVIS...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  GAMBUSIA, PECOS......  Gambusia nobilis....  L, E         
                                                      PUPFISH, COMANCHE      Cyprinodon elegans..  L, E         
                                                       SPRINGS.                                                 
                               PLANTS...............  PONDWEED, LITTLE       Potamogeton           L, E         
                                                       AGUJA CREEK.           clystocarpus.                     
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
JIM HOGG.....................  MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
JIM WELLS....................  MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  CACTUS, BLACK LACE...  Echinocereus          L, E         
                                                                              reichenbachii var.                
                                                                              albertii.                         
JOHNSON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
JONES........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
KARNES.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
KENDALL......................  REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
KENEDY.......................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     

[[Page 7997]]

                                                                                                                
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
KERR.........................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              =Echinocactus t,                  
                                                                              Mammila.                          
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
KIMBLE.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              =Echinocactus t,                  
                                                                              Mammila.                          
                                                      SNOWBELLS, TEXAS.....  Styrax texana.......  L, E         
KING.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
KINNEY.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              =Echinocactus t,                  
                                                                              Mammila.                          
KLEBERG......................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  AMBROSIA, SOUTH TEXAS  Ambrosia              L, E         
                                                                              cheiranthifolia.                  
                                                      AYENIA, TEXAS........  Ayenia limitaris....  L, E         
                                                      CACTUS, BLACK LACE...  Echinocereus          L, E         
                                                                              reichenbachii var.                
                                                                              albertii.                         
                                                      RUSH-PEA, SLENDER....  Hoffmannseggia        L, E         
                                                                              tenella.                          
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
KNOX.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
LAMAR........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
LAMPASAS.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
LAVACA.......................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
LEE..........................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
LEON.........................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
                                                      SAND-VERBENA, LARGE-   Abronia macrocarpa..  L, E         
                                                       FRUITED.                                                 
LIBERTY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
LIMESTONE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LIPSCOMB.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
LIVE OAK.....................  MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  SPIDERLING, MATHIS...  Boerhavia mathisiana  P, E         
LLANO........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
LOVING.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  

[[Page 7998]]

                                                                                                                
MADISON......................  PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
MARION.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
MASON........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
MATAGORDA....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
MAVERICK.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
MC LENNAN....................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
MC MULLEN....................  MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
MEDINA.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
MENARD.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
MENARD.......................  FISHES...............  GAMBUSIA, CLEAR CREEK  Gambusia heterochir.  L, E         
MIDLAND......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
MILAM........................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
MILLS........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
MITCHELL.....................  PLANTS...............  POPPY-MALLOW, TEXAS..  Callirhoe             L, E         
                                                                              scabriuscula.                     
MONTAGUE.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
MONTGOMERY...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
MOORE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MORRIS.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
NACOGDOCHES..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
NEWTON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
NUECES.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  AMBROSIA, SOUTH TEXAS  Ambrosia              L, E         
                                                                              cheiranthifolia.                  
                                                      AYENIA, TEXAS........  Ayenia limitaris....  L, E         
                                                      RUSH-PEA, SLENDER....  Hoffmannseggia        L, E         
                                                                              tenella.                          
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
OCHILTREE....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
ORANGE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
PALO PINTO...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
PANOLA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
PARKER.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
PECOS........................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  

[[Page 7999]]

                                                                                                                
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               FISHES...............  GAMBUSIA, PECOS......  Gambusia nobilis....  L, E         
                                                      PUPFISH, LEON SPRINGS  Cyprinodon bovinus..  L, E, CH     
                               PLANTS...............  CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
POLK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               PLANTS...............  PHLOX, TEXAS TRAILING  Phlox nivalis ssp.    L, E         
                                                                              Texensis.                         
POTTER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
PRESIDIO.....................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  CACTUS, LLOYD'S        Echinocereus lloydii  L, E         
                                                       HEDGEHOG.                                                
                                                      CACTUS, LLOYD'S        Neolloydia            L, T         
                                                       MARIPOSA.              mariposensis.                     
                                                      OAK, HINCKLEY........  Quercus hinckleyi...  L, T         
RANDALL......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
REAL.........................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              =Echinocactus t.,                 
                                                                              Mammila.                          
                                                      SNOWBELLS, TEXAS.....  Styrax texana.......  L, E         
RED RIVER....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
REEVES.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  GAMBUSIA, PECOS......  Gambusia nobilis....  L, E         
                                                      PUPFISH, COMANCHE      Cyprinodon elegans..  L, E         
                                                       SPRINGS.                                                 
REFUGIO......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  CACTUS, BLACK LACE...  Echinocereus          L, E         
                                                                              reichenbachii var.                
                                                                              albertii.                         
ROBERTS......................  BIRDS................  TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
ROBERTSON....................  AMPHIBIANS...........  TOAD, HOUSTON........  Bufo houstonensis...  L, E, CH     
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
                                                      SAND-VERBENA, LARGE-   Abronia macrocarpa..  L, E         
                                                       FRUITED.                                                 
RUNNELS......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               PLANTS...............  POPPY-MALLOW, TEXAS..  Callirhoe             L, E         
                                                                              scabriuscula.                     
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
RUSK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
SABINE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
SAN AUGUSTINE................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               PLANTS...............  BLADDERPOD, WHITE....  Lesquerella pallida.  L, E         
SAN JACINTO..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
SAN PATRICIO.................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  SPIDERLING, MATHIS...  Boerhavia mathisiana  P, E         
SAN SABA.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
SHACKELFORD..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
SHELBY.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
SOMERVELL....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     

[[Page 8000]]

                                                                                                                
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
STARR........................  BIRDS................  PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  CACTUS, STAR.........  Astrophytum asterias  L, E         
                                                                              (=echino-cactus                   
                                                                              asterias).                        
                                                      DOGWEED, ASHY........  Dyssodia tephroleuca  L, E         
                                                      FRANKENIA, JOHNSTON'S  Frankenia johnstonii  L, E         
                                                      MANIOC, WALKER'S.....  Manihot walkerae....  L, E         
STEPHENS.....................  BIRDS................  WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                                                      CRANE, WHOOPING......  Grus americana......  L, E, CH     
TARRANT......................  BIRDS................  PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
TAYLOR.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
TERRELL......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               PLANTS...............  CACTUS, BUNCHED CORY.  Coryphantha           L, T         
                                                                              ramillosa.                        
THROCKMORTON.................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
TOM GREEN....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               REPTILES.............  SNAKE, CONCHO WATER..  Nerodia harteri       L, T, CH     
                                                                              paucimaculata.                    
TRAVIS.......................  AMPHIBIANS...........  SALAMANDER, BARTON     Eurycea sosorum.....  L, E         
                                                       SPRINGS.                                                 
                               ARACHNIDS............  HARVESTMAN, BEE CREEK  Texella reddelli....  L, E         
                                                       CAVE.                                                    
                                                      HARVESTMAN, BONE CAVE  Texella reyesi......  L, E         
                                                      PSEUDOSCORPION, TOOTH  Microcreagris texana  L, E         
                                                       CAVE.                                                    
                                                      SPIDER, TOOTH CAVE...  Leptoneta myopica...  L, E         
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               INSECTS..............  BEETLE, COFFIN CAVE    Bastrisodes texanus.  L, E         
                                                       MOLD.                                                    
                                                      BEETLE, KRETSCHMARR    Texamaurops reddelli  L, E         
                                                       CAVE MOLD.                                               
                                                      BEETLE, TOOTH CAVE     Rhadine persephone..  L, E         
                                                       GROUND.                                                  
TRINITY......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
TYLER........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                               PLANTS...............  PHLOX, TEXAS TRAILING  Phlox nivalis ssp.    L, E         
                                                                              Texensis.                         
UPSHUR.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
UVALDE.......................  BIRDS................  VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               PLANTS...............  CACTUS, BLACK LACE...  Echinocereus          L, E         
                                                                              reichenbachii var.                
                                                                              albertii.                         
                                                      CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              (=Echinocactus t.,                
                                                                              Mammila).                         
                                                      SNOWBELLS, TEXAS.....  Styrax texana.......  L, E         
VAL VERDE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                               PLANTS...............  CACTUS, TOBUSCH        Ancistrocactus        L, E         
                                                       FISHHOOK.              tobuschii                         
                                                                              (=Echinocactus t.,                
                                                                              Mammila).                         
                                                      SNOWBELLS, TEXAS.....  Styrax texana.......  L, E         
VICTORIA.....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               REPTILES.............  TURTLE, CAGLE'S MAP..  Graptemys caglei....  L, T         
WALKER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      WOODPECKER, RED-       Picoides borealis...  L, E         
                                                       COCKADED.                                                
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
WARD.........................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
WASHINGTON...................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      PRAIRIE-CHICKEN,       Tympanuchus cupido    L, E         
                                                       ATTWATER'S GREATER.    attwateri.                        
                               MAMMALS..............  BEAR, LOUISIANA BLACK  Ursus americanus      L, T         
                                                                              luteolus.                         
                               PLANTS...............  LADIES'-TRESSES,       Spiranthes parksii..  L, E         
                                                       NAVASOTA.                                                
WEBB.........................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  DOGWEED, ASHY........  Dyssodia tephroleuca  L, E         

[[Page 8001]]

                                                                                                                
WHARTON......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
WHEELER......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
WICHITA......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
WILBARGER....................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
WILLACY......................  BIRDS................  CURLEW, ESKIMO.......  Numenius borealis...  L, E         
                                                      FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, PIPING.......  Charadrius melodus..  L, E, T      
                                                      PYGMY-OWL, CACTUS      Glaucidiumbrasilianu  L, E         
                                                       FERRUGINOUS.           m cactorum.                       
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               REPTILES.............  TURTLE, GREEN SEA....  Chelonia mydas......  L, E, T      
                                                      TURTLE, HAWKSBILL SEA  Eretmochelys          L, E, CH     
                                                                              imbricata.                        
                                                      TURTLE, KEMP'S         Lepidochelys kempii.  L, E         
                                                       (ATLANTIC) RIDLEY                                        
                                                       SEA.                                                     
                                                      TURTLE, LEATHERBACK    Dermochelys coriacea  L, E, CH     
                                                       SEA.                                                     
                                                      TURTLE, LOGGERHEAD     Caretta caretta.....  L, T         
                                                       SEA.                                                     
WILLIAMSON...................  ARACHNIDS............  HARVESTMAN, BEE CREEK  Texella reddelli....  L, E         
                                                       CAVE.                                                    
                                                      HARVESTMAN, BONE CAVE  Texella reyesi......  L, E         
                                                      PSEUDOSCORPION, TOOTH  Microcreagris texana  L, E         
                                                       CAVE.                                                    
                                                      SPIDER, TOOTH CAVE...  Leptoneta myopica...  L, E         
                               BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
                                                      VIREO, BLACK-CAPPED..  Vireo atricapillus..  L, E         
                                                      WARBLER (WOOD),        Dendroica             L, E         
                                                       GOLDEN-CHEEKED.        chrysoparia.                      
                               INSECTS..............  BEETLE, COFFIN CAVE    Bastrisodes texanus.  L, E         
                                                       MOLD.                                                    
                                                      BEETLE, KRETSCHMARR    Texamaurops reddelli  L, E         
                                                       CAVE MOLD.                                               
                                                      BEETLE, TOOTH CAVE     Rhadine persephone..  L, E         
                                                       GROUND.                                                  
WILSON.......................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
WINKLER......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
WISE.........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
YOUNG........................  BIRDS................  CRANE, WHOOPING......  Grus americana......  L, E, CH     
ZAPATA.......................  BIRDS................  FALCON, NORTHERN       Falco femoralis       L, E         
                                                       APLOMADO.              septentrionalis.                  
                                                      TERN, INTERIOR         Sterna antillarum...  L, E         
                                                       (POPULATION) LEAST.                                      
                               MAMMALS..............  JAGUARUNDI...........  Felis yagouaroundi    L, E         
                                                                              tolteca.                          
                                                      OCELOT...............  Felis pardalis......  L, E         
                               PLANTS...............  DOGWEED, ASHY........  Dyssodia tephroleuca  L, E         
                                                      FRANKENIA, JOHNSTON'S  Frankenia johnstonii  L, E         
                                                                                                                
             UTAH                                                                                               
                                                                                                                
BEAVER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
BOX ELDER....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, LAHONTAN        Salmo clarki          L, T         
                                                       CUTTHROAT.             henshawi.                         
CACHE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  PRIMROSE, MAGUIRE....  Primula maguirei....  L, T         
CARBON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, CH        
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               PLANTS...............  CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g.,                
                                                                              s. whipplei).                     
DAGGETT......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
DAVIS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
DUCHESNE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g.,                
                                                                              s. whipplei).                     
                                                      CRESS, TOAD-FLAX.....  Glaucocarpum          L, E         
                                                                              suffrutescens.                    
                                                      CRESS, TOAD-FLAX.....  Glaucocarpum          L, E         
                                                                              suffrutescens.                    
                                                      LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       

[[Page 8002]]

                                                                                                                
                                                      REED-MUSTARD, SHRUBBY  Schoenocrambe         L, E         
                                                                              suffrutescens.                    
                                                      RIDGE-CRESS (=PEPPER-  Lepidium barnebyanum  L, E         
                                                       CRESS), BARNEBY.                                         
EMERY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SAN RAFAEL...  Pediocactus           L, E         
                                                                              despainii.                        
                                                      CACTUS, WRIGHT         Sclerocactus          L, E         
                                                       FISHHOOK.              wrightiae                         
                                                                              (=Pediocactus w.).                
                                                      CYCLADENIA, JONES....  Cycladenia humilis    L, T         
                                                                              var. jonesii.                     
                                                      DAISY, MAGUIRE.......  Erigeron maguirei     L, T         
                                                                              var. maguirei.                    
                                                      REED-MUSTARD, BARNEBY  Schoenocrambe         L, E         
                                                                              barnebyl.                         
                                                      TOWNSENDIA, LAST       Townsendia aprica...  L, T         
                                                       CHANCE.                                                  
GARFIELD.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
                               PLANTS...............  BUTTERCUP, AUTUMN....  Ranunculus            L, E         
                                                                              acriformis var.                   
                                                                              aestivalis.                       
                                                      CYCLADENIA, JONES....  Cycladenia humilis    L, T         
                                                                              var. jonesii.                     
                                                      LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
GRAND........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CYCLADENIA, JONES....  Cycladenia humilis    L, T         
                                                                              var. jonesii.                     
IRON.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
JUAB.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               FISHES...............  CHUB, LEAST..........  Lotichthys            P, E         
                                                                              phlegethontis.                    
KANE.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               PLANTS...............  BLADDERPOD,            Lesquerella tumulosa  L, E         
                                                       KODACHROME.                                              
                                                      BLADDERPOD,            Lesquerella tumulosa  L, E         
                                                       KODACHROME.                                              
                                                      CACTUS, SILER          Pediocactus sileri..  L, T         
                                                       PINCUSHION.                                              
                                                      CYCLADENIA, JONES....  Cycladenia humilis    L, T         
                                                                              var. jonesii.                     
                                                      MILKWEED, WELSH'S....  Asclepias welshii...  L, T, CH     
                                                      PEPPER-GRASS,          Lepidium montanum     P, E         
                                                       KODACHROME.            var. stellae.                     
                               SNAILS...............  AMBERSNAIL, KANAB....  Oxyloma haydeni       L, E         
                                                                              kanabensis.                       
MILLARD......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
MORGAN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PIUTE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
RICH.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
SALT LAKE....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
SAN JUAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     

[[Page 8003]]

                                                                                                                
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, SPINELESS      Echinocereus          L, E         
                                                       HEDGEHOG.              triglochidiatus                   
                                                                              var. inermis.                     
                                                      SEDGE, NAVAJO........  Carex specuicola....  L, T, CH     
                                                      WILD-BUCKWHEAT,        Eriogonum humivagans  W, E         
                                                       SPREADING.                                               
SANPETE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               PLANTS...............  MILK-VETCH,            Astragalus            L, E, CH     
                                                       HELIOTROPE.            limnocharis var.                  
                                                                              montii.                           
SEVIER.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
                               PLANTS...............  CACTUS, WRIGHT         Sclerocactus          L, E         
                                                       FISHHOOK.              wrightiae                         
                                                                              (=Pediocactus w).                 
                                                      MILK-VETCH,            Astragalus            L, E, CH     
                                                       HELIOTROPE.            limnocharis var.                  
                                                                              montii.                           
                                                      TOWNSENDIA, LAST       Townsendia aprica...  L, T         
                                                       CHANCE.                                                  
SUMMIT.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
TOOELE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
UINTAH.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                               PLANTS...............  CACTUS, UINTA BASIN    Sclerocactus glaucus  L, T         
                                                       HOOKLESS.              (=Echinocactus g, s               
                                                                              whipplei).                        
                                                      CRESS, TOAD-FLAX.....  Glaucocarpum          L, E         
                                                                              suffrutescens.                    
                                                      CRESS, TOAD-FLAX.....  Glaucocarpum          L, E         
                                                                              suffrutescens.                    
                                                      LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
                                                      REED-MUSTARD, CLAY...  Schoenocrambe         L, E         
                                                                              argillacea.                       
                                                      REED-MUSTARD, SHRUBBY  Schoenocrambe         L, E         
                                                                              suffrutescens.                    
UTAH.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SUCKER, JUNE.........  Chasmistes liorus...  L, E, CH     
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
                                                      PHACELIA, CLAY.......  Phacelia argillacea.  L, E         
WASATCH......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, VIRGIN RIVER...  Gila robusta          L, E         
                                                                              seminuda.                         
                                                      WOUNDFIN.............  Plagopterus           L, E         
                                                                              argentissimus.                    
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
                               PLANTS...............  BEAR-POPPY, DWARF....  Arctomecon humilis..  L, E         
                                                      CACTUS, PURPLE-SPINED  Echinocereus          L, E         
                                                       HEDGEHOG.              engelmannii var.                  
                                                                              Purpureus.                        
                                                      CACTUS, SILER          Pediocactus sileri..  L, T         
                                                       PINCUSHION.                                              
                               REPTILES.............  TORTOISE, DESERT.....  Gopherus              L, T, CH     
                                                                              (=Xerobates,                      
                                                                              =Scaptochelys)                    
                                                                              agassizii.                        
WAYNE........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, MEXICAN SPOTTED.  Strix occidentalis    L, T, CH     
                                                                              lucida.                           
                               FISHES...............  CHUB, BONYTAIL.......  Gila elegans........  L, E, CH     
                                                      CHUB, HUMPBACK.......  Gila cypha..........  L, E, CH     
                                                      SQUAWFISH, COLORADO..  Ptychocheilus lucius  L, E, CH     
                                                      SUCKER, RAZORBACK....  Xyrauchen texanus...  L, E, CH     
                               MAMMALS..............  PRAIRIE DOG, UTAH....  Cynomys parvidens...  L, T         
                               PLANTS...............  CACTUS, WRIGHT         Sclerocactus          L, E         
                                                       FISHHOOK.              wrightiae                         
                                                                              (=Pediocactus w).                 
                                                      DAISY, MAGUIRE.......  Erigeron maguirei     L, T         
                                                                              var. maguirei.                    
                                                      LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
                                                      REED-MUSTARD, BARNEBY  Schoenocrambe         L, E         
                                                                              barnebyl.                         
                                                      TOWNSENDIA, LAST       Townsendia aprica...  L, T         
                                                       CHANCE.                                                  
WEBER........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  LADIES'-TRESSES, UTE.  Spiranthes            L, T         
                                                                              diluvialis.                       
                                                                                                                
           VERMONT                                                                                              
                                                                                                                
ADDISON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
BENNINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
CALEDONIA....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
CHITTENDEN...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         

[[Page 8004]]

                                                                                                                
ESSEX........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
GRAND ISLE...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
LAMOILLE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
ORANGE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
ORLEANS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
RUTLAND......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WASHINGTON...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
WINDHAM......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  BULRUSH, NORTHEASTERN  Scirpus               L, E         
                                                       (=BARBED BRISTLE).     ancistrochaetus.                  
WINDSOR......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               CLAMS................  MUSSEL, DWARF WEDGE..  Alasmidonta           L, E         
                                                                              heterodon.                        
                               MAMMALS..............  BAT, INDIANA.........  Myotis sodalis......  L, E, CH     
                               PLANTS...............  MILK-VETCH, JESUP'S..  Astragalus robbinsii  L, E         
                                                                              var. jesupi.                      
                                                                                                                
          WASHINGTON                                                                                            
                                                                                                                
ADAMS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
ASOTIN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
BENTON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
CHELAN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                                                      CHECKER-MALLOW,        Sidalcea oregona      P, E         
                                                       WENATCHEE MOUNTAINS.   ssp. calva.                       
                                                      CHECKER-MALLOW,        Sidalcea oregona      P, E         
                                                       WENATCHEE MOUNTAINS.   ssp. calva.                       
CLALLAM......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
CLARK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               BIRDS................  OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          

[[Page 8005]]

                                                                                                                
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               FISHES...............  STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                               FISHES...............  STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
COLUMBIA.....................  FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
COWLITZ......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                               PLANTS...............  CHECKER-MALLOW,        Sidalcea nelsoniana.  L, T         
                                                       NELSON'S.                                                
DOUGLAS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
FERRY........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
FRANKLIN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
GARFIELD.....................  FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
GRANT........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
GRAYS HARBOR.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
ISLAND.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               PLANTS...............  PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         

[[Page 8006]]

                                                                                                                
JEFFERSON....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
KING.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
KITSAP.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
KITTITAS.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
KLICKITAT....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
LEWIS........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
MASON........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
NEZ PERCE....................  FISHES...............  STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, SNAKE       Oncorhynchus mykiss,  L, T         
                                                       RIVER BASIN            (Snake River Basin                
                                                       POPULATION.            ESU).                             
OKANOGAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
PACIFIC......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      GOOSE, ALEUTIAN        Branta canadensis     L, T         
                                                       CANADA.                leucopareia.                      
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          

[[Page 8007]]

                                                                                                                
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                                                      PLOVER, WESTERN SNOWY  Charadrius            L, T         
                                                                              alexandrinus                      
                                                                              nivosus.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               INSECTS..............  BUTTERFLY, OREGON      Speyeria zerene       L, T, CH     
                                                       SILVERSPOT.            hippolyta.                        
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
PEND OREILLE.................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      CARIBOU, WOODLAND....  Rangifer tarandus     L, E         
                                                                              caribou.                          
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
PIERCE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
SAN JUAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               PLANTS...............  PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
SKAGIT.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
SKAMANIA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, LOWER       Oncorhynchus mykiss,  P, T         
                                                       COLUMBIA RIVER         (Lower Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
SNOHOMISH....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
SPOKANE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
STEVENS......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
THURSTON.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               PLANTS...............  HOWELLIA, WATER......  Howellia aquatilis..  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
                                                      PAINTBRUSH, GOLDEN...  Castilleja levisecta  L, T         
WAHKIAKUM....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    

[[Page 8008]]

                                                                                                                
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                                                      PELICAN, BROWN.......  Pelicanus             L, E         
                                                                              occidentalis.                     
                               MAMMALS..............  DEER, COLUMBIAN WHITE- Odocoileus            L, E         
                                                       TAILED.                virginianus                       
                                                                              leucurus.                         
WALLA WALLA..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
WHATCOM......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      MURRELET, MARBLED....  Brachyramphus         L, T, CH     
                                                                              marmoratus.                       
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
WHITMAN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER FALL      tshawytscha.                      
                                                       RUN).                                                    
                                                      SALMON, CHINOOK        Oncorhynchus          L, E, CH     
                                                       (SNAKE RIVER SPRING/   tshawytscha.                      
                                                       SUMMER).                                                 
                                                      SALMON, SNAKE RIVER    Oncorhynchus nerka..  L, E, CH     
                                                       SOCKEYE.                                                 
YAKIMA.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                                                      OWL, NORTHERN SPOTTED  Strix occidentalis    L, T, CH     
                                                                              caurina.                          
                               FISHES...............  STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      STEELHEAD, UPPER       Oncorhynchus mykiss,  L, E         
                                                       COLUMBIA RIVER         (Upper Columbia                   
                                                       POPULATION.            ESU).                             
                                                      TROUT, BULL (COLUMBIA  Salvelinus            P, T         
                                                       RIVER POPULATION).     confluentus.                      
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
                                                                                                                
         WAKE ISLAND                                                                                            
                                                                                                                
                                                                                                                
           WYOMING                                                                                              
                                                                                                                
ALBANY.......................  AMPHIBIANS...........  TOAD, WYOMING........  Bufo hemiophrys       L, E         
                                                                              baxteri.                          
                               BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
BIG HORN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CAMPBELL.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CARBON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CONVERSE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
CROOK........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
FREMONT......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
GOSHEN.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
HOT SPRINGS..................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
JOHNSON......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         

[[Page 8009]]

                                                                                                                
LARAMIE......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
LINCOLN......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
NATRONA......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
NIOBRARA.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
PARK.........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
PLATTE.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SHERIDAN.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SUBLETTE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               FISHES...............  DACE, KENDALL WARM     Rhinichthys osculus   L, E         
                                                       SPRINGS.               thermalis.                        
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
SWEETWATER...................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
TETON........................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  BEAR, GRIZZLY........  Ursus arctos (=U.a.   L, T         
                                                                              horribilis).                      
                                                      WOLF, GRAY...........  Canis lupus.........  L, E, T, CH  
UINTA........................  BIRDS................  FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WASHAKIE.....................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
WESTON.......................  BIRDS................  EAGLE, BALD..........  Haliaeetus            L, T         
                                                                              leucocephalus.                    
                                                      FALCON, PEREGRINE....  Falco peregrinus....  L, E         
                               MAMMALS..............  FERRET, BLACK-FOOTED.  Mustela nigripes....  L, E         
----------------------------------------------------------------------------------------------------------------
Key: L--Listed, P--Proposed, E--Endangered, T--Threatened, CH--Critical Habitat                                 

Addendum B--Historic Properties (Reserved)

    Instructions related to historic preservation have not been 
included in the permit at this time. EPA may modify the permit to 
include such provisions at a later date. This does not relieve 
applicants or permittees of their responsibility to comply with 
applicable State, Tribal or local laws for the protection of historic 
properties.

Addendum C--Existing Notice of Intent Form

    From the effective date of this permit, applicants are to use the 
existing Notice of Intent form (EPA 3510-6 (8-98)) contained in this 
Addendum to obtain permit coverage until the revised NOI form is 
published as final in the Federal Register and replaces it. According 
to the provisions in Part II.B.1 of this permit, applicants are 
reminded that although they are completing information on the existing 
form related to the expired Baseline Construction General Permit, they 
are also certifying that they meet all eligibility requirements of Part 
I.B. of this permit and are informing the Director of their intent to 
be covered by, and comply with, those terms and conditions. These 
conditions include certifications that the applicant's storm water 
discharges and storm water-related discharge activities will not 
adversely affect listed endangered or threatened species, or their 
critical habitat. EPA may modify this permit to include provisions 
relating to historic preservation.

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Addendum D--Notice of Termination Form

    From the effective date of this permit, permittees are to use the 
existing Notice of Termination form (EPA Form 3510-7) contained in this 
Addendum until they are instructed by the Director (EPA) to use a 
revised version. Permittees are to complete, sign and submit the form 
in accordance with Part VIII of the permit when terminating permit 
coverage at a construction project when one or more or the conditions 
contained in Part 1.D.2 have been met.

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[FR Doc. 98-3600 Filed 2-13-98; 8:45 am]
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