[Federal Register Volume 65, Number 46 (Wednesday, March 8, 2000)]
[Proposed Rules]
[Pages 12181-12201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5413]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF97


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the San Diego Fairy Shrimp

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat for the San Diego fairy shrimp 
(Branchinecta sandiegonensis), pursuant to the Endangered Species Act 
of 1973, as amended (Act). We propose designation of critical habitat 
within an approximately 14,771-hectare (36,501-acre) area for the San 
Diego fairy shrimp in San Diego and Orange Counties.
    Critical habitat identifies specific areas that are essential to 
the conservation of a listed species, and may require special 
management considerations or protection. The primary elements for the 
San Diego fairy shrimp are those habitat components that are essential 
for the primary biological needs of foraging, sheltering, reproduction, 
and dispersal.
    If this proposed rule is made final, section 7 of the Act would 
prohibit destruction or adverse modification of critical habitat by any 
activity funded, authorized, or carried out by any Federal agency. 
Section 4 of the Act requires us to consider economic and other impacts 
of specifying any particular area as critical habitat. We solicit data 
and comments from the public on all aspects of this proposal, including 
data on the economic and other impacts of the designation. We may 
revise this proposal to incorporate or address new information received 
during the comment period.

DATES: We will accept comments from all interested parties until May 8, 
2000. Public hearing requests must be received by April 24, 2000.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods.
    1. You may submit written comments and information to the Field 
Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2730 Loker Avenue West, Carlsbad, California 92008.
    2. You may hand-deliver written comments to our Carlsbad Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue 
West, Carlsbad, California.
    3. You may send comments by electronic mail (e-mail) to 
[email protected]. Please submit comments in ASCII file format and avoid 
the use of special characters and encryption. Please include ``Attn: 
[RIN number]'' and your name and return address in your e-mail message. 
If you do not receive a confirmation from the system that we have 
received your e-mail message, contact us directly by calling our 
Carlsbad Fish and Wildlife Office at phone number 760/431-9440.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the Carlsbad Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Fish and 
Wildlife Office at the above address; (telephone 760/431-9440; 
facsimile 760/431-5902).

SUPPLEMENTARY INFORMATION:

Background

    The San Diego fairy shrimp (Branchinecta sandiegonensis) is a small 
aquatic crustacean (Order: Anostraca), restricted to vernal pools 
(pools that have water in them for only a portion of any given year) in 
coastal southern California and south to northwestern Baja California, 
Mexico. It is a habitat specialist found in small, shallow vernal pools 
and ephemeral (lasting a short time) basins that range in depth from 
approximately 5 to 30 centimeters (2 to 12) inches (Simovich and Fugate 
1992; Hathaway and Simovich 1996). Water chemistry is also an important 
factor in determining fairy shrimp distribution (Belk 1977; Branchiopod 
Research Group 1996; Gonzales et al. 1996), hence, no individuals have 
been found in riverine or marine waters. All known localities are below 
701 meters (2,300 feet) and are within 64 kilometers (km) (40 miles 
(mi)) of the Pacific Ocean.
    San Diego fairy shrimp is one of the six groups of fairy shrimp 
known as branchinectids that occur in southern California (Simovich and 
Fugate 1992). The only other species of Branchinecta in southern 
California are the non-listed Lindahl's fairy shrimp (B. lindahli) and 
the federally threatened vernal pool fairy shrimp (B. lynchi). Male San 
Diego fairy shrimp are distinguished from males of other species of 
Branchinecta by differences found at the distal (located far from the 
point of attachment) tip of the second antennae. Females are 
distinguishable from females of other species of Branchinecta by the 
shape and length of the brood sac, and by the presence of paired 
dorsolateral (located on the sides, toward the back) spines on five of 
the abdominal segments (Fugate 1993).
    Mature individuals lack a carapace (hard outer covering of the head 
and thorax) and have a delicate elongate body, large stalked compound 
eyes, and 11 pairs of swimming legs. They swim or glide gracefully 
upside down by means of complex wave-like beating movements of the legs 
that pass from front to back. Adult male San Diego fairy shrimp range 
in size from 9 to 16 millimeters (mm) (0.35 to 0.63 inches (in.)); 
adult females are 8 to 14 mm (0.31 to 0.55 in.) long. The second pair 
of antennae in males are greatly enlarged and specialized for clasping 
the females during copulation, while the second pair of antennae in the 
females are cylindrical and elongate. The females carry their eggs in 
an oval or elongate ventral brood sac (Eriksen and Belk 1999). Nearly 
all species of fairy shrimp feed on algae, bacteria, protozoa, 
rotifers, and bits of organic matter (Pennak 1989; Eng et al. 1990).
    Adult San Diego fairy shrimp are usually observed from January to 
March; however, in years with early or late rainfall, the hatching 
period may be extended. The species hatches and matures within 7 days 
to 2 weeks depending on water temperature (Hathaway and Simovich 1996; 
Simovich and Hathaway 1997). The San Diego fairy shrimp disappear after 
about a month, but animals will continue to hatch if subsequent rains 
result in additional water or refilling of the vernal pools 
(Branchiopod Research Group 1996). The eggs are either dropped to the 
pool bottom or remain in the brood sac until the female dies and sinks. 
The ``resting'' or ``summer'' eggs are capable of withstanding 
temperature extremes and prolonged drying. When the pools refill in the 
same or subsequent rainy seasons, some but not

[[Page 12182]]

all of the eggs may hatch. Fairy shrimp egg banks in the soil may be 
composed of the eggs from several years of breeding (Donald 1983; 
Simovich and Hathaway 1997). Simovich and Hathaway (1997) found that 
vernal pools and ephemeral wetlands that support anostracans (i.e., San 
Diego fairy shrimp), and occur in areas with variable weather 
conditions or filling periods (such as southern California), may hatch 
only a fraction of the total cyst (organisms in a resting stage) bank 
in any given year. Thus, reproductive success is spread over several 
seasons.
    Vernal pools have a discontinuous occurrence in several regions of 
California (Keeler-Wolf et al. 1995), from as far north as the Modoc 
Plateau in Modoc County, south to the international border in San Diego 
County. Vernal pools form in regions with Mediterranean climates, where 
shallow depressions fill with water during fall and winter rains and 
then evaporate in the spring (Collie and Lathrop 1976; Holland 1976, 
1988; Holland and Jain 1977, 1988; Thorne 1984; Zedler 1987; Simovich 
and Hathaway 1997). In years of high precipitation, overbank flooding 
from intermittent streams may augment the amount of water in some 
vernal pools (Hanes et al. 1990). Vernal pool studies conducted in the 
Sacramento Valley indicate that the contribution of subsurface or 
overland flows is significant only in years of high precipitation when 
pools are already saturated (Hanes and Stromberg 1996). Downward 
percolation of water in vernal pool basins is prevented by the presence 
of an impervious subsurface layer, such as a claypan, hardpan, or 
volcanic stratum (Holland 1976, 1988).
    Researchers have found that vernal pools located in San Diego 
County are associated with five soil series types, Huerheuero, 
Olivenhain, Placentia, Redding, and Stockpen (Bauder and McMillan 
1998). These soil types have a nearly impermeable surface or subsurface 
soil layer with a flat or gently sloping topography (Service 1998). Due 
to local topography and geology, the pools are usually clustered into 
pool complexes (Bauder 1986; Holland and Jain 1988). Pools within a 
complex are typically separated by distances on the order of meters, 
and may form dense, interconnected mosaics of small pools or a more 
sparse scattering of larger pools.
    Vernal pool systems are often characterized by different landscape 
features including mima mound (miniature mounds) micro-topography, 
varied pool basin size and depth, and vernal swales (low tract of 
marshy land). Vernal pool complexes that support one too many distinct 
vernal pools are often interconnected by a shared watershed. This 
habitat heterogeneity (consisting of dissimilar elements or parts) 
generally ensures that some between-pool water flow continues.
    San Diego County supports the largest number of remaining vernal 
pools occupied by the San Diego fairy shrimp. Scientists estimated 
that, historically, vernal pool soils covered approximately 208 
hectares (ha) (520 acres (ac)) of San Diego County (Bauder and McMillan 
1998). Based on available information at the time of listing, we 
estimate that fewer than 82 ha (202 ac) of occupied vernal pool habitat 
remain in the county, of which an estimated 70 percent occurs on 
military lands (Weir and Bauder 1991). Keeler-Wolf et al. (1995) 
concluded that the greatest recent losses of vernal pool habitat in San 
Diego County have occurred in Mira Mesa, Rancho Penasquitos, and Kearny 
Mesa, which accounted for 73 percent of all the pools destroyed in the 
region during the 7-year period between 1979 and 1986. Other 
substantial losses have occurred in the Otay Mesa area, where over 40 
percent of the vernal pools were destroyed between 1979 to 1990. 
Similar to San Diego County, vernal pool habitat was once extensive on 
the coastal plain of Los Angeles and Orange Counties (R. Mattoni and T. 
Longcore, 1998). Unfortunately, there has been a near-total loss of 
vernal pool habitat in these areas (Ferren and Pritchett 1988; Keeler-
Wolf et al. 1995).
    Urban and water development, flood control, highway and utility 
projects, as well as conversion of wildlands to agricultural use, have 
eliminated vernal pools and/or their watersheds in southern California 
(Jones and Stokes Associates 1987). Changes in hydrologic pattern, 
overgrazing, and off-road vehicle use also imperil this aquatic habitat 
and the San Diego fairy shrimp. The flora and fauna in vernal pools or 
swales can change if the hydrologic regime is altered (Bauder 1986, 
1987). Anthropogenic (of human origin) activities that reduce the 
extent of the watershed or that alter runoff patterns (i.e., amounts 
and seasonal distribution of water) may eliminate the San Diego fairy 
shrimp, reduce their population sizes or reproductive success, or shift 
the location of sites inhabited by this species. The California 
Department of Fish and Game's Natural Diversity Data Base ranks the 
vernal pool habitat type in priority class G1-S1, which denotes 
communities in the State of California that occur over fewer than 809 
ha (2,000 ac) globally.

Previous Federal Action

    David Hogan, formerly of the San Diego Biodiversity Project in 
Julian, California; Dr. Denton Belk of Our Lady of the Lake University 
in San Antonio, Texas; and the Biodiversity Legal Foundation petitioned 
us to list the San Diego fairy shrimp as an endangered species, in a 
letter dated March 16, 1992. We received the petition on March 24, 
1992. On August 4, 1994, we published a proposed rule in the Federal 
Register (59 FR 39874) to list the San Diego fairy shrimp as an 
endangered species. The proposed rule was the first Federal action on 
the San Diego fairy shrimp, and also constituted the 12-month petition 
finding, as required by section 4(b)(3)(B) of the Act. On February 3, 
1997, we published a final rule determining the San Diego fairy shrimp 
to be an endangered species (62 FR 4925).
    At the time of listing, we concluded that designation of critical 
habitat for the San Diego fairy shrimp was not prudent because such 
designation would not benefit the species. We were also concerned that 
critical habitat designation would likely increase the degree of threat 
from vandalism or other human-induced impacts. We were aware of several 
instances of apparently intentional habitat destruction that had 
occurred during the listing process. However, we have determined that 
the threats to this species, and its habitat, from specific instances 
of habitat destruction do not outweigh the broader educational and any 
potential regulatory and other possible benefits that designation of 
critical habitat would provide for this species. A designation of 
critical habitat will provide educational benefits by formally 
identifying those areas essential to the conservation of the species, 
and the areas likely to be the focus of our recovery efforts for the 
San Diego fairy shrimp. Therefore, we conclude that the benefits of 
designating critical habitat on lands essential for the conservation of 
the San Diego fairy shrimp will not increase incidences of vandalism 
above current levels for this species.
    On October 14, 1998, the Southwest Center for Biological Diversity 
filed a lawsuit in Federal District Court for the Southern District of 
California for our failure to designate critical habitat for the San 
Diego fairy shrimp. On September 16, 1999, the Court ordered that ``On 
or before February 29, 2000, the Service shall submit for publication 
in the Federal Register, a proposal to withdraw the existing not 
prudent critical habitat determination together with a new proposed 
critical habitat

[[Page 12183]]

determination for the San Diego fairy shrimp'' (Southwest Center for 
Biodiversity v. United States Department of the Interior et al., CV 98-
1866) (S.D. Cal. ).

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) The 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection and; (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered species or a threatened species to the 
point at which listing under the Act is no longer necessary. Proposed 
critical habitat for the San Diego fairy shrimp includes areas that 
currently support the species, and areas that contain recovery habitat 
essential for the conservation of the species.
    We reconsidered our evaluation in the prudency determination of the 
threats posed by vandalism and determined that instances of vandalism 
have not increased since the listing of the San Diego fairy shrimp. 
Therefore, we find that designating critical habitat for the San Diego 
fairy shrimp is prudent.
    Critical habitat receives protection under the Act through the 
prohibition against destruction or adverse modification of critical 
habitat as set forth under section 7 of the Act with regard to actions 
carried out, funded, or authorized by a Federal agency. Section 7 also 
requires conferences on Federal actions that are likely to result in 
the adverse modification or destruction of proposed critical habitat. 
Aside from the added protection that may be provided under section 7, 
the Act does not provide other forms of protection to lands designated 
as critical habitat. Because consultation under section 7 of the Act 
does not apply to activities on private or other non-Federal lands that 
do not involve a Federal action, critical habitat designation would not 
afford any protection under the Act against such activities.
    Designating critical habitat does not, in itself, lead to recovery 
of a listed species. Designation does not create a management plan, 
establish numerical population goals, prescribe specific management 
actions (inside or outside of critical habitat), or directly affect 
areas not designated as critical habitat. Specific management 
recommendations for areas designated as critical habitat are most 
appropriately addressed in recovery and management plans, and through 
section 7 consultation and section 10 permits.
    Critical habitat identifies specific units that are essential to 
the conservation of a listed species and that may require special 
management considerations or protection. All of the proposed critical 
habitat areas are considered essential to the conservation of the San 
Diego fairy shrimp as described in the Recovery Plan for Vernal Pools 
of Southern California (Recovery Plan) (Service 1998). The proposed 
critical habitat units include a mosaic of vernal pools currently 
supporting San Diego fairy shrimp, as well as areas that historically 
supported vernal pools and are still capable of supporting this 
species. All of these areas may not currently contain all of the 
primary constituent elements, but could develop them in the future.

Methods

    In determining areas that are essential to conserve the San Diego 
fairy shrimp, we used the best scientific and commercial data 
available. This included data from research and survey observations 
published in peer-reviewed articles, recovery criteria outlined in the 
Recovery Plan, regional Geographic Information System (GIS) vegetation 
and species coverages (including vegetation layers for Orange and San 
Diego Counties), data collected on the U.S. Marine Corps Air Station 
Miramar (Miramar) and U.S. Marine Corps Station Camp Pendleton (Camp 
Pendleton), and data collected from reports submitted by biologists 
holding section 10(a)(1)(A) recovery permits.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act, and regulations 
at 50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available. We consider those 
physical and biological features (primary constituent elements) that 
are essential to the conservation of the species, and that may require 
special management considerations or protection. These include, but are 
not limited to: Space for individual and population growth, and for 
normal behavior; food, water, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding and reproduction; 
and habitats that are protected from disturbance or are representative 
of the historic and ecological distributions of a species.
    The primary constituent elements for the San Diego fairy shrimp are 
those habitat components that are essential for the primary biological 
needs of foraging, sheltering, reproduction, and dispersal; or the 
capacity to develop those habitat components. The primary constituent 
elements are found in those areas that support or have the potential to 
support vernal pools or other ephemeral depressional wetlands. Primary 
constituent elements include the vernal pool basins and associated 
watersheds, and include, but are not limited to: Small to large vernal 
pools with shallow to moderate depths that hold water for at least 5 
days but not necessarily every year; entire watershed(s) and hydrology 
for vernal pool basins and their related vernal pool complexes; 
ephemeral depressional wetlands, flat or gently sloping topography, and 
any soil type with a clay component and/or an impermeable surface or 
subsurface layer known to support vernal pool habitat. Primary 
constituent elements or components thereof are found in all the areas 
proposed for critical habitat.

Criteria Used To Identify Critical Habitat

    In an effort to map areas essential to the conservation of the 
species, we used data on known San Diego fairy shrimp locations, and 
those vernal pools and vernal pool complexes that were identified in 
the Recovery Plan as essential for the stabilization and 
reclassification of the species. We then evaluated those areas based on 
the hydrology, watershed and topographic features. Based on this 
evaluation, a 1-km (.62 mi) Universal Transverse Mercator (UTM) grid 
was overlaid on top of those vernal pool complexes and their associated 
watersheds. This 1-km (.62 mi) UTM grid provides a buffer area around 
either individual vernal pool basins or vernal pool complexes, and 
provides additional assurances that watersheds and hydrology are 
captured and maintained for this species. In those cases where occupied 
vernal pools were not identified in the Recovery Plan, we relied on 
recent scientific data to update the map coverage.
    We did not map critical habitat in sufficient detail to exclude all 
developed areas such as towns, housing developments, and other lands 
unlikely to contain primary constituent elements essential for San 
Diego fairy shrimp conservation. Within the delineated critical habitat 
unit boundaries, only lands containing or that could develop the 
primary constituent elements described above are proposed for critical

[[Page 12184]]

habitat. Within this area proposed as critical habitat, only an 
estimated 18 ha (45 ac) is of unknown occupancy. The remaining areas of 
vernal pools within the total designated critical habitat area are 
occupied by San Diego fairy shrimp.
    We also considered the existing status of lands in designating 
areas as critical habitat. Section 10(a) of the Act authorizes us to 
issue permits for the taking of listed species incidental to otherwise 
lawful activities. Incidental take permit applications must be 
supported by a Habitat Conservation Plan (HCP) that identifies 
conservation measures that the permittee agrees to implement for the 
species to minimize and mitigate the impacts of the requested 
incidental take. NonFederal lands that are covered by an existing 
operative HCP and executed implementation agreement for San Diego fairy 
shrimp under Section 10(a)(1)(B) of the Act receive special management 
and protection under the terms of the HCP/IA and are therefore not 
being proposed for inclusion in critical habitat.
    We expect that critical habitat may be used as a tool to help 
identify areas within the range of the San Diego fairy shrimp that are 
most critical for the conservation of the species. We encourage the 
development of HCPs for such areas on non-Federal lands. We consider 
HCPs to be one of the most important methods through which non-Federal 
landowners can resolve endangered species conflicts. We provide 
technical assistance and work closely with applicants throughout 
development of HCPs to help identify special management considerations 
for listed species. We intend that HCPs provide a package of protection 
and management measures sufficient to address the conservation needs of 
the species.

Proposed Critical Habitat Designation

    The approximate area encompassing proposed critical habitat by 
county and land ownership is shown in Table 1. Proposed critical 
habitat includes San Diego fairy shrimp habitat throughout the species' 
range in the United States (i.e., Orange and San Diego Counties, 
California). Lands proposed are under private, State, and Federal 
ownership, with Federal lands including lands managed by the U.S. 
Department of Defense (DOD) and the Service. Lands proposed as critical 
habitat have been divided into six Critical Habitat Units. A brief 
description of each unit, and reasons for proposing it as critical 
habitat, are presented below. The units are generally based on 
geographical location of the vernal pools, soil types, and local 
variation of topographic position (i.e., coastal mesas, inland valley).

  Table 1.--Approximate Area Encompassing Proposed Critical Habitat in Hectares (Ha) (Acres (Ac)) By County and
                                                 Land Ownership.
     [Area estimates reflect critical habitat unit boundaries, not the primary constituent elements within]
----------------------------------------------------------------------------------------------------------------
                                                                 Local/State
                   County                      Federal land *        land         Private land       Total **
----------------------------------------------------------------------------------------------------------------
Orange......................................             N/A           100 ha              N/A           100 ha
                                                                      (247 ac)                          (247 ac)
San Diego...................................        9,234 ha           267 ha         5,171 ha        14,671 ha
                                                  (22,817 ac)         (660 ac)      (12,778 ac)      (36,254 ac)
                                             -------------------------------------------------------------------
    Total...................................        9,234 ha           367 ha         5,171 ha        14,771 ha
                                                  (22,817 ac)         (907 ac)      (12,778 ac)      (36,501 ac) 
----------------------------------------------------------------------------------------------------------------
* Includes Department of Defense and Fish and Wildlife Service lands.
** Includes an estimated 18 ha (45 ac) of unknown occupancy. The remaining areas of vernal pools within the
  total designated critical habitat area are known to be occupied by San Diego fairy shrimp.

Unit 1: Orange County (Fairview Regional Park) Critical Habitat Unit
    Unit 1 encompasses approximately 100 ha (247 ac) within the Los 
Angeles Basin-Orange Management Area as outlined in the Recovery Plan. 
The Fairview Regional Park vernal pool complex is proposed as critical 
habitat. This unit provides the northern extent of this species' 
distribution and represents the historic distribution of coastal 
terrace vernal pools in this area. Proposed critical habitat units are 
based on UTM coordinates.
Unit 2: San Diego: North Coastal Mesa Critical Habitat Unit
    Unit 2 encompasses approximately 5,572 ha (13,768 ac) within the 
San Diego: North Coastal Mesa Management Area as outlined in the 
Recovery Plan on Camp Pendleton and within the City of Carlsbad. Areas 
proposed on Camp Pendleton include (1) five training areas, (2) habitat 
found elsewhere on the base, and (3) lands leased by the California 
State Department of Parks and Recreation and private interests from 
Camp Pendleton. Camp Pendleton has several substantial vernal pool 
complexes that support the San Diego fairy shrimp. Within the 
jurisdiction of the City of Carlsbad, one vernal pool complex located 
in the vicinity of Palomar Airport and one complex at Poinsettia Lane 
train station are being proposed as critical habitat.
    These vernal pool complexes represent vernal pool habitat 
associated with coastal terraces found north of the San Dieguito River. 
Proposed critical habitat units are based on UTM coordinates.
Unit 3: San Diego: Inland Valley Critical Habitat Unit
    Unit 3 encompasses 2,600 ha (6,425 ac) within the San Diego: Inland 
Valley Management Area as outlined in the Recovery Plan. Lands proposed 
contain vernal pool complexes within the jurisdiction of the City of 
San Marcos and the community of Ramona. In the community of Ramona, one 
of the complexes is within the County's Ramona Airport boundaries. 
These vernal pool complexes are generally isolated to a degree from 
maritime influence (greater than 10 km (6 mi) from the coast) and are 
representative of vernal pools associated with alluvial or volcanic 
type soils. Proposed critical habitat units are based on UTM 
coordinates.
Unit 4: San Diego: Central Coastal Mesa Critical Habitat Unit
    Unit 4 encompasses 7,500 ha (18,531 ac) within the San Diego: 
Central Coastal Mesa Management Area as outlined in the Recovery Plan. 
Lands proposed contain vernal pool complexes within the jurisdiction of 
the City of San Diego, Miramar, U.S. Department of Defense, State of 
California, Service, and private interests. These vernal pool complexes 
are associated with coastal terraces and mesas found south of the

[[Page 12185]]

San Dieguito River to the San Diego Bay. Proposed critical habitat 
units are based on UTM coordinates.
Unit 5: San Diego: Southern Coastal Mesa Critical Habitat Unit
    Unit 5 encompasses 2,967 ha (7,332 ac) within the San Diego: 
Southern Coastal Mesa Management Area as outlined in the Recovery Plan. 
Lands proposed include vernal pool complexes within the jurisdiction of 
the Service, City of San Diego, City of Chula Vista, County of San 
Diego, U.S. Immigration and Naturalization Service (INS), and private 
interests. These vernal pool complexes are associated with coastal 
mesas from the Sweetwater River south to the International Border. 
Proposed critical habitat units are based on UTM coordinates.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat to the extent that the 
action appreciably diminishes the value of the critical habitat for the 
survival and recovery of the species. Individuals, organizations, 
States, local governments, and other non-Federal entities are affected 
by the designation of critical habitat only if their actions occur on 
Federal lands, require a Federal permit, license, or other 
authorization, or involve Federal funding.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened and with respect to its 
critical habitat, if any is designated or proposed. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) requires Federal agencies 
to confer with us on any action that is likely to jeopardize the 
continued existence of a proposed species or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed or critical habitat is designated, section 7(a)(2) requires 
Federal agencies to ensure that activities they authorize, fund, or 
carry out are not likely to jeopardize the continued existence of such 
a species or to destroy or adversely modify its critical habitat. If a 
Federal action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with us. 
Through this consultation, we would ensure that the permitted actions 
do not adversely modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide reasonable and prudent alternatives to the 
project, if any are identifiable. Reasonable and prudent alternatives 
are defined at 50 CFR 402.02 as alternative actions identified during 
consultation that can be implemented in a manner consistent with the 
intended purpose of the action, that are consistent with the scope of 
the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that the Director 
believes would avoid resulting in the destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated, and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conferencing with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat. Conference reports provide conservation recommendations to 
assist the agency in eliminating conflicts that may be caused by the 
proposed action. The conservation recommendations in a conference 
report are advisory.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
a biological opinion that is prepared according to 50 CFR 402.14, as if 
critical habitat were designated. We may adopt the formal conference 
report as the biological opinion when the critical habitat is 
designated, if no significant new information or changes in the action 
alter the content of the opinion (see 50 CFR 402.10(d)).
    Activities on Federal lands that may affect the San Diego fairy 
shrimp or its critical habitat will require section 7 consultation. 
Activities on private or State lands requiring a permit from a Federal 
agency, such as a permit from the U.S. Army Corps of Engineers (Corps) 
under section 404 of the Clean Water Act, or some other Federal action, 
including funding (e.g., Federal Highway Administration, Federal 
Aviation Administration, or Federal Emergency Management Agency) will 
also continue to be subject to the section 7 consultation process. 
Federal actions not affecting listed species or critical habitat and 
actions on non-Federal lands that are not federally funded or permitted 
do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify such habitat, or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat 
include those that alter the primary constituent elements to an extent 
that the value of critical habitat for both the survival and recovery 
of the San Diego fairy shrimp is appreciably reduced. We note that such 
activities may also jeopardize the continued existence of the species. 
Activities that, when carried out, funded, or authorized by a Federal 
agency, may destroy or adversely modify critical habitat include, but 
are not limited to:
    (1) Any activity that results in discharge of dredged or fill 
material, excavation, or mechanized land clearing of ephemeral and/or 
vernal pool basins;
    (2) Any activity that alters the watershed, water quality or 
quantity to an extent that water quality becomes unsuitable to support 
San Diego fairy shrimp, or any activity that significantly affects the 
natural hydrologic function of the vernal pool system; and
    (3) Activities that could lead to the introduction of exotic 
species into occupied or potentially occupied San Diego fairy shrimp 
habitat.
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 prohibits actions funded, 
authorized, or carried out by Federal agencies from jeopardizing the 
continued existence of a listed species or destroying or adversely 
modifying the listed species' critical habitat. Actions likely to 
``jeopardize the continued existence'' of a species are those that 
would appreciably reduce the likelihood of the species' survival and 
recovery. Actions likely to ``destroy or adversely modify'' critical 
habitat are those that would appreciably reduce the

[[Page 12186]]

value of critical habitat for the survival and recovery of the listed 
species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. In those cases, critical habitat 
provides little additional protection to a species, and the 
ramifications of its designation are few or none. Designation of 
critical habitat in areas occupied by the San Diego fairy shrimp is not 
likely to result in a regulatory burden above that already in place due 
to the presence of the listed species. Designation of critical habitat 
in areas that are not known to be occupied by this species will also 
not likely result in an increased regulatory burden since the Corps 
requires review of projects requiring permits in all vernal pools, 
whether it is known that San Diego fairy shrimp are present or not. If 
occupied habitat becomes unoccupied in the future, there is a potential 
benefit to critical habitat in such cases.
    Designation of critical habitat could affect Federal agency 
activities. Federal agencies already consult with the Service on 
activities in areas currently occupied by the species to ensure that 
their actions do not jeopardize the continued existence of the species. 
These actions include, but are not limited to:
    (1) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (2) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities;
    (3) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (4) Military training and maneuvers on Camp Pendleton and Miramar, 
and other applicable DOD lands;
    (5) Construction of roads and fences along the international border 
with Mexico, and associated immigration enforcement activities by the 
INS;
    (6) Licensing of construction of communication sites by the Federal 
Communications Commission, and;
    (7) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, or any other Federal agency.

Relationship To Habitat Conservation Plans

    A number of habitat planning efforts have been completed within the 
range of the San Diego fairy shrimp. Principal among these is the NCCP 
effort in San Diego County. The MSCP, and its subarea plans, provide 
conservation measures for the San Diego fairy shrimp even though take 
authorization, should any be needed, is designed to come from a 
subsequent permitting process (typically through a Section 7 
consultation with the Corps of Engineers). The MSCP will result in the 
total avoidance the great majority of all fairy shrimp habitat within 
the MHPA planning area. The MSCP provides that the remaining fairy 
shrimp habitat should be completely avoided to the maximum extent 
practicable. Unavoidable impacts to this remaining area of habitat is 
to be minimized and mitigated to achieve no net loss of wetland 
function and value and to provide additional protective measures, 
including adaptive management, contained in the MSCP. Because the fairy 
shrimp habitat preserved in the MHPA planning area is managed for the 
benefit of the fairy shrimp under the terms of the MSCP, there are no 
``additional management considerations or protections'' required for 
those lands. Therefore, we have determined that non-Federal lands 
within approved HCP planning areas for the San Diego fairy shrimp do 
not meet the definition of critical habitat in the Act, and we are not 
proposing designation of such lands as critical habitat.
    The NCCP/HCP effort in Orange County Central/Coastal is designed to 
provide the same level of protection for San Diego fairy shrimp as the 
San Diego MSCP. However, unlike the San Diego MSCP, the vernal pool 
complex within Orange County occurs within a city which is not a 
participating jurisdiction under the plan. We have therefore determined 
that this vernal pool complex (Fairview Regional Park complex) is not 
receiving special management consideration or protection and that it 
meets the definition of critical habitat and should be designated as 
such.
    Habitat conservation plans currently under development are intended 
to provide for protection and management of habitat areas essential for 
the conservation of the San Diego fairy shrimp, while directing 
development and habitat modification to nonessential areas of lower 
habitat value. The HCP development process provides an opportunity for 
more intensive data collection and analysis regarding the use of 
particular habitat areas by the fairy shrimp. The process also enables 
us to conduct detailed evaluations of the importance of such lands to 
the long-term survival of the species in the context of constructing a 
biologically configured system of interlinked habitat blocks. We fully 
expect that HCPs undertaken by local jurisdictions (e.g., counties, 
cities) and other parties will identify, protect, and provide 
appropriate management for those specific lands within the boundaries 
of the plans that are essential for the long-term conservation of the 
species. We believe and fully expect that our analyses of these 
proposed HCPs and proposed permits under section 7 will show that 
covered activities carried out in accordance with the provisions of the 
HCPs and permits will not result in destruction or adverse modification 
of critical habitat.
    We provide technical assistance and work closely with applicants 
throughout the development of HCPs to identify appropriate conservation 
management and lands essential for the long-term conservation of the 
San Diego fairy shrimp. Several HCP efforts are now under way for 
listed and non-listed species in areas within the range of the San 
Diego fairy shrimp in areas we propose as critical habitat. These HCPs, 
coupled with appropriate adaptive management, should provide for the 
conservation of the species. We are soliciting comments on whether 
future approval of HCPs and issuance of section 10(a)(1)(B) permits for 
the San Diego fairy shrimp should trigger revision of designated 
critical habitat to exclude lands within the HCP area and, if so, by 
what mechanism (see Public Comments Solicited section).

Relationship to Mexico

    We are not aware of any existing regulatory mechanism in Mexico 
that would protect the San Diego fairy shrimp or its habitat. Although 
Mexico has laws that could provide protection for rare species, they 
are not easily enforced. At this time, Mexico enforces no specific 
protections for this species, or the vernal pools on which it depends. 
If specific protections were available and enforceable in Mexico, the 
portion of the range in Mexico alone, in isolation, would not be 
adequate to ensure the long-term conservation of this species.
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, contact the Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES section). 
Requests for copies of the regulations on listed wildlife, and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Branch of Endangered Species, 911 N.E. 11th 
Ave., Portland, OR 97232

[[Page 12187]]

(telephone 503/231-2063; facsimile 503/231-6243).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available, and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species. We will conduct 
an analysis of the economic impacts of designating these areas as 
critical habitat prior to a final determination. When completed, we 
will announce the availability of the draft economic analysis with a 
notice in the Federal Register, and we will open a 30-day comment 
period at that time.

Public Comments Solicited

    We intend for any final action resulting from this proposal to be 
as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefits of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of San 
Diego fairy shrimp habitat, and what habitat is essential to the 
conservation of the species and why;
    (3) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families; and,
    (5) Economic and other values associated with designating critical 
habitat for the San Diego fairy shrimp, such as those derived from non-
consumptive uses (e.g., hiking, camping, bird-watching, enhanced 
watershed protection, improved air quality, increased soil retention, 
``existence values,'' and reductions in administrative costs).
    In this proposed rule, we do not propose to designate critical 
habitat on nonFederal lands within the boundaries of an existing 
approved HCP and subarea plan with an executed IA for San Diego fairy 
shrimp approved under section 10(a)(1)(B) of the Act because the 
existing HCP provides for long-term commitments to conserve the species 
and areas essential to the conservation of the gnatcatcher. Therefore, 
we believe that such areas do not meet the definition of critical 
habitat because they do not need special management considerations or 
protection. However, we are specifically soliciting comments on the 
appropriateness of this approach and on the following or other 
alternative approaches for critical habitat designation in areas 
covered by existing approved HCPs:
    (1) Designate critical habitat without regard to existing HCP 
boundaries and allow the section 7 consultation process on the issuance 
of the incidental take permit to ensure that any take we authorized 
will not destroy or adversely modify critical habitat;
    (2) Designate reserves, preserves, and other conservation lands 
identified by approved HCPs, on the premise that they encompass areas 
that are essential to conservation of the species within the HCP area 
and that will continue to require special management protection in the 
future. Under this approach, all other lands covered by existing 
approved HCPs where incidental take for the San Diego fairy shrimp is 
authorized under a legally operative permit pursuant to section 
10(a)(1)(B) of the Act would be excluded from critical habitat.
    The amount of critical habitat we designate for the San Diego fairy 
shrimp in a final rule may either increase or decrease, depending upon 
which approach we adopt for dealing with designation in areas of 
existing approved HCPs.
    Additionally, we are also seeking comments on critical habitat 
designation relative to future HCPs. Several conservation planning 
efforts are now under way within the range of the San Diego fairy 
shrimp, and other listed and nonlisted species, in areas we are 
proposing as critical habitat. For areas where HCPs are currently under 
development, we are proposing to designate critical habitat for areas 
that we believe are essential to the conservation of the species and 
need special management or protection. We invite comments on the 
appropriateness of this approach.
    In addition, we invite comments on the following or other 
approaches for addressing critical habitat within the boundaries of 
future approved HCPs upon issuance of section 10(a)(1)(B) permits for 
the San Diego fairy shrimp:
    (1) Retain critical habitat designation within the HCP boundaries 
and use the section 7 consultation process on the issuance of the 
incidental take permit to ensure that any take we authorize will not 
destroy or adversely modify critical habitat;
    (2) Revise the critical habitat designation upon approval of the 
HCP and issuance of the section 10(a)(1)(B) permit to retain only 
preserve areas, on the premise that they encompass areas essential for 
the conservation of the species within the HCP area and require special 
management and protection in the future. Assuming that we conclude, at 
the time an HCP is approved and the associated incidental take permit 
is issued, that the plan protects those areas essential to the 
conservation of the San Diego fairy shrimp, we would revise the 
critical habitat designation to exclude areas outside the reserves, 
preserves, or other conservation lands established under the plan. 
Consistent with our listing program priorities, we would publish a 
proposed rule in the Federal Register to revise the critical habitat 
boundaries;
    (3) As in (2) above, retain only preserve lands within the critical 
habitat designation, on the premise that they encompass areas essential 
for conservation of the species within the HCP area and require special 
management and protection in the future. However, under this approach, 
the exclusion of areas outside the preserve lands from critical habitat 
would occur automatically upon issuance of the incidental take permit. 
The public would be notified and have the opportunity to comment on the 
boundaries of the preserve lands and the revision of designated 
critical habitat during the public review and comment process for HCP 
approval and permitting;
    (4) Remove designated critical habitat entirely from within the 
boundaries of an HCP when the plan is approved (including preserve 
lands), on the premise that the HCP establishes long-term commitments 
to conserve the species, and no further special management or 
protection is required. Consistent with our listing program priorities, 
we would publish a proposed rule in the Federal Register to revise the 
critical habitat boundaries; or
    (5) Remove designated critical habitat entirely from within the 
boundaries of an HCP when the plan is approved (including preserve 
lands), on the premise that the HCP establishes long-term commitments 
to conserve the

[[Page 12188]]

species, and no additional special management or protection is 
required. This exclusion from critical habitat would occur 
automatically upon issuance of the incidental take permit. The public 
would be notified and have the opportunity to comment on the revision 
of designated critical habitat during the public notification process 
for HCP approval and permitting.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. In some circumstances, we would withhold 
from the rulemaking record a respondent's identity, as allowable by 
law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994 (59 FR 34270), we will seek the expert opinions of at 
least three appropriate and independent specialists regarding this 
proposed rule. The purpose of such review is to ensure listing 
decisions are based on scientifically sound data, assumptions, and 
analyses. We will send these peer reviewers copies of this proposed 
rule immediately following publication in the Federal Register. We will 
invite these peer reviewers to comment, during the public comment 
period, on the specific assumptions and conclusions regarding the 
proposed designation of critical habitat.
    We will consider all comments and information received during the 
60-day comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made at least 15 
days prior to the close of the public comment period. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings in the Federal Register 
and local newspapers at least 15 days prior to the first hearing.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations/
notices that are easy to understand. We invite your comments on how to 
make proposed rules easier to understand including answers to questions 
such as the following: (1) Are the requirements in the document clearly 
stated? (2) Does the proposed rule contain technical language or jargon 
that interferes with the clarity? (3) Does the format of the proposed 
rule (grouping and order of sections, use of headings, paragraphing, 
etc.) aid or reduce its clarity? (4) Is the description of the proposed 
rule in the SUPPLEMENTARY INFORMATION section of the preamble helpful 
in understanding the proposed rule? What else could we do to make the 
proposed rule easier to understand?

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and has been reviewed by the Office of Management and 
Budget (OMB), under Executive Order 12866.
    (a) This rule will not have an annual economic effect of $100 
million or more or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. The San Diego 
fairy shrimp was listed as an endangered species in 1997. In fiscal 
years 1997 through 1999, we conducted 27 formal section 7 consultations 
with other Federal agencies to ensure that their actions would not 
jeopardize the continued existence of the fairy shrimp.
    Approximately 18 ha (45 ac) of the areas encompassing proposed 
critical habitat for the San Diego fairy shrimp are currently of 
unknown occupancy. The remaining areas of vernal pools within the total 
designated critical habitat area are occupied by San Diego fairy 
shrimp. Under the Act, critical habitat may not be adversely modified 
by a Federal agency action; critical habitat does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored or permitted by a Federal 
agency (see Table 2 below). Section 7 requires Federal agencies to 
ensure that they do not jeopardize the continued existence of the 
species. Based upon our experience with the species and its needs, we 
conclude that any Federal action or authorized action that could 
potentially cause an adverse modification of the proposed critical 
habitat would currently be considered as ``jeopardy'' under the Act. 
Accordingly, the designation of currently occupied areas as critical 
habitat does not have any incremental impacts on what actions may or 
may not be conducted by Federal agencies or non-Federal persons that 
receive Federal authorization or funding. Non-Federal persons that do 
not have a Federal ``sponsorship'' of their actions are not restricted 
by the designation of critical habitat (however, they continue to be 
bound by the provisions of the Act concerning ``take'' of the species). 
Designation of unoccupied areas as critical habitat may have impacts on 
what actions may or may not be conducted by Federal agencies or non-
Federal persons that receive Federal authorization or funding, but 
since the potentially unoccupied area (area of unknown occupancy) is 
only 18 ha (45 ac), we expect little, if any, additional impact from 
designating this area as critical habitat. Additionally, designation of 
critical habitat in areas that are not known to be occupied by this 
species will also not likely result in an increased regulatory burden 
since the Corps requires review of projects requiring permits in all 
vernal pools, whether it is known that San Diego fairy shrimp are 
present or not. We will evaluate this impact through our economic 
analysis (under section 4 of the Act; see Economic Analysis section of 
this rule).
    (b) This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions do not jeopardize the continued existence of 
the San Diego fairy shrimp since the listing in 1997. The prohibition 
against adverse modification of critical habitat is not expected to 
impose any additional restrictions to those that currently exist in 
occupied areas of proposed critical habitat. Additional restrictions 
may be imposed in the area of unknown occupancy proposed as critical 
habitat; we will evaluate this possibility through our economic 
analysis under section 4 of the Act. Because of the potential for 
impacts on other Federal agency activities, we will continue to review 
this proposed action for any inconsistencies with other Federal agency 
actions.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
Federal agencies are currently required to ensure that their activities 
do not jeopardize the continued existence of the species, and, as 
discussed above, we do not anticipate that the adverse modification

[[Page 12189]]

prohibition (resulting from critical habitat designation) will have any 
incremental effects in areas of occupied habitat. We expect little 
additional effect for the potentially unoccupied area of proposed 
critical habitat, since this area (area of unknown occupancy) is only 
18 ha (45 ac). Additionally, designation of critical habitat in areas 
that are not known to be occupied by this species will also not likely 
result in an increased regulatory burden since the Corps requires 
review of projects requiring permits in all vernal pools, whether it is 
known that San Diego fairy shrimp are present or not. We will review 
the effects of this proposed action on Federal agencies or non-Federal 
persons that receive Federal authorization or funding in the area of 
unknown occupancy critical habitat.
    (d) This rule will not raise novel legal or policy issues. The 
proposed rule follows the requirements for determining critical habitat 
contained in the Endangered Species Act.

              Table 2.--Impacts of San Diego Fairy Shrimp Listing and Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
                                                                                       Additional activities
                                                        Activities potentially        potentially affected by
             Categories of activities                affected by species listing    critical habitat designation
                                                               only \1\                         \2\
----------------------------------------------------------------------------------------------------------------
Federal Activities Potentially     Affected\3\....  Activities such as those       None.
                                                     affecting waters of the
                                                     United States by the Army
                                                     Corps of Engineers under
                                                     section 404 of the Clean
                                                     Water Act; road construction
                                                     and maintenance, right-of-
                                                     way designation, and
                                                     regulation of agricultural
                                                     activities; regulation of
                                                     airport improvement
                                                     activities under Federal
                                                     Aviation Administration
                                                     jurisdiction; military
                                                     training and maneuvers on
                                                     Marine Corps Base Camp
                                                     Pendleton and Marine Corps
                                                     Air Station, Miramar and
                                                     other applicable DOD lands;
                                                     construction of roads and
                                                     fences along the
                                                     international border with
                                                     Mexico and associated
                                                     immigration enforcement
                                                     activities by the
                                                     Immigration and
                                                     Naturalization Service;
                                                     construction of
                                                     communication sites licensed
                                                     by the Federal
                                                     Communications Commission,
                                                     and; activities funded by
                                                     any Federal agency.
Private or other non-Federal     Activities         Activities such as removing    None.
 Potentially Affected \4\.                           or destroying San Diego
                                                     fairy shrimp habitat (as
                                                     defined in the primary
                                                     constituent elements
                                                     discussion), whether by
                                                     mechanical, chemical, or
                                                     other means (e.g., grading,
                                                     overgrazing, construction,
                                                     road building, herbicide
                                                     application, etc.) and
                                                     appreciably decreasing
                                                     habitat value or quality
                                                     through indirect effects
                                                     (e.g., edge effects,
                                                     invasion of exotic plants or
                                                     animals, or fragmentation
                                                     that require a Federal
                                                     action (permit,
                                                     authorization, or funding)).
----------------------------------------------------------------------------------------------------------------
\1\ This column represents the activities potentially affected by listing the San Diego fairy shrimp as an
  endangered species (February 3, 1997; 62 FR 4925) under the Endangered Species Act.
\2\ This column represents activities potentially affected by the critical habitat designation in addition to
  those activities potentially affected by listing the species.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private or other non-Federal entity that may need Federal authorization or
  funding.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    In the economic analysis (under section 4 of the Act), we will 
determine whether designation of critical habitat will have a 
significant effect on a substantial number of small entities. As 
discussed under Regulatory Planning and Review above, this rule is not 
expected to result in any restrictions in addition to those currently 
in existence for areas of occupied critical habitat. As indicated on 
Table 1 (see Proposed Critical Habitat Designation section), we 
designated property owned by Federal, State, and local governments, and 
private property.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are:
    (1) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by Federal agencies;
    (3) Regulation of grazing, mining, and recreation by the Bureau of 
Land Management or U.S. Forest Service;
    (4) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities;
    (5) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (6) Military training and maneuvers on Camp Pendleton, Miramar, and 
other applicable DOD lands;
    (7) Construction of roads and fences along the international border 
with Mexico, and associated immigration enforcement activities by the 
INS;
    (8) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency;
    (9) Construction of communication sites licensed by the Federal 
Communications Commission; and
    (10) Activities funded by the U.S. Environmental Protection Agency, 
U.S. Department of Energy, or any other Federal agency.
    Many of these activities sponsored by Federal agencies within the 
proposed critical habitat areas are carried out by small entities (as 
defined by the Regulatory Flexibility Act) through contract, grant, 
permit, or other Federal authorization. As discussed above, these 
actions are currently required to comply with the listing protections 
of the Act, and the designation of critical habitat is not anticipated 
to have any additional effects on these activities in areas of critical 
habitat occupied by the species. We expect little additional effect for 
the potentially unoccupied area of proposed critical habitat, since 
this area (area of unknown occupancy) is only 18 ha (45 ac). 
Additionally, designation of critical habitat in areas that are not 
known to be occupied by this species will also not likely result in an 
increased regulatory burden since the Corps requires review of projects 
requiring permits in all vernal pools, whether it is known that San 
Diego fairy shrimp are present or not. We will evaluate whether 
designation of critical habitat in the unknown occupancy area will have 
an effect on activities carried out by small entities.
    For actions on non-Federal property that do not have a Federal 
connection (such as funding or authorization), the current restrictions 
concerning take of

[[Page 12190]]

the species remain in effect, and this rule will have no additional 
restrictions.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 
804(2))

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions in the economic analysis, or (c) any significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises. As discussed above, we anticipate that the 
designation of critical habitat will not have any additional effects on 
these activities in areas of critical habitat occupied by the species. 
We expect little additional effect for the potentially unoccupied area 
of proposed critical habitat, since this area (area of unknown 
occupancy) is only 18 ha (45 ac). Additionally, designation of critical 
habitat in areas that are not known to be occupied by this species will 
also not likely result in an increased regulatory burden since the 
Corps requires review of projects requiring permits in all vernal 
pools, whether it is known that San Diego fairy shrimp are present or 
not.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. Small 
governments will be affected only to the extent that any programs 
having Federal funds, permits or other authorized activities must 
ensure that their actions will not adversely affect the critical 
habitat. However, as discussed above, these actions are currently 
subject to equivalent restrictions through the listing protections of 
the species, and no further restrictions are anticipated in areas of 
occupied proposed critical habitat. We expect little additional effect 
for the potentially unoccupied area of proposed critical habitat, since 
this area (area of unknown occupancy) is only 18 ha (45 ac). 
Additionally, designation of critical habitat in areas that are not 
known to be occupied by this species will also not likely result in an 
increased regulatory burden since the Corps requires review of projects 
requiring permits in all vernal pools, whether it is known that San 
Diego fairy shrimp are present or not.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. As discussed above, the designation of critical habitat 
affects only Federal agency actions. The rule will not increase or 
decrease the current restrictions on private property concerning take 
of the San Diego fairy shrimp. Due to current public knowledge of the 
species protection, the prohibition against take of the species both 
within and outside of the designated areas, and the fact that critical 
habitat provides no incremental restrictions in areas of occupied 
critical habitat, we do not anticipate that property values will be 
affected by the critical habitat designation. We expect little 
additional effect for the potentially unoccupied area of proposed 
critical habitat, since this area (area of unknown occupancy) is only 
18 ha (45 ac). Additionally, designation of critical habitat in areas 
that are not known to be occupied by this species will also not likely 
result in an increased regulatory burden since the Corps requires 
review of projects requiring permits in all vernal pools, whether it is 
known that San Diego fairy shrimp are present or not. Additionally, 
critical habitat designation does not preclude development of habitat 
conservation plans and issuance of incidental take permits. Landowners 
in areas that are included in the designated critical habitat will 
continue to have opportunity to utilize their property in ways 
consistent with the survival of the San Diego fairy shrimp.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior and Department of 
Commerce policy, the Service requested information from and coordinated 
development of this critical habitat proposal with appropriate State 
resource agencies in California, as well as during the listing process. 
We will continue to coordinate any future designation of critical 
habitat for the San Diego fairy shrimp with the appropriate State 
agencies. The designation of critical habitat in areas currently 
occupied by the San Diego fairy shrimp imposes no additional 
restrictions to those currently in place and, therefore, has little 
incremental impact on State and local governments and their activities. 
The designation may have some benefit to these governments in that the 
areas essential to the conservation of the species are more clearly 
defined, and the primary constituent elements of the habitat necessary 
to the survival of the species are specifically identified. While 
making this definition and identification does not alter where and what 
federally sponsored activities may occur, it may assist these local 
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We designate critical habitat in accordance with the 
provisions of the Act, and plan public hearings on the proposed 
designation during the comment period. The rule uses standard property 
descriptions and identifies the primary constituent elements within the 
designated areas to assist the public in understanding the habitat 
needs of the San Diego fairy shrimp.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
for which Office of Management and Budget approval under the Paperwork 
Reduction Act is required.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment and/or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal

[[Page 12191]]

Governments'' (59 FR 22951) and 512 DM 2, we understand that Federally 
recognized Tribes must be related to on a Government-to-Government 
basis. The 1997 Secretarial Order on Native Americans and the Act 
clearly states that Tribal lands should not be designated unless 
absolutely necessary for the conservation of the species. According to 
the Secretarial Order, ``Critical habitat shall not be designated in an 
area that may impact Tribal trust resources unless it is determined 
essential to conserve a listed species. In designating critical 
habitat, the Services shall evaluate and document the extent to which 
the conservation needs of a listed species can be achieved by limiting 
the designation to other lands.''
    We determined that there are no Tribal lands essential for the 
conservation of the San Diego fairy shrimp because they do not support 
populations or suitable habitat. Therefore, we are not proposing to 
designate critical habitat for the San Diego fairy shrimp on Tribal 
lands.

References Cited

    A complete list of all references cited in this proposed rule is 
available upon request from the Carlsbad Fish and Wildlife Office (see 
ADDRESSES section).

Author

    The primary authors of this notice are the Carlsbad Fish and 
Wildlife Office staff (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend 50 CFR 
part 17 as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec. 17.11(h) revise the entry for ``Fairy shrimp, San 
Diego'' under ``CRUSTACEANS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                       When       Critical     Special
                                                            Historic range       endangered or         Status         listed      habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   *                  *                  *                  *                  *                  *                  *
Crustaceans
                   *                  *                  *                  *                  *                  *                  *
Fairy shrimp, San Diego..........  Branchinecta          U.S.A. (CA)........  NA.................  E                       608     17.95(h)           NA
                                    sandiegonensis.
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.95 add critical habitat for the San Diego fairy 
shrimp (Branchinecta sandiegonensis) under paragraph (h) in the same 
alphabetical order as this species occurs in Sec. 17.11(h), to read as 
follows:
Sec. 17.95  Critical habitat--fish and wildlife.
* * * * *
    (h) Crustaceans
* * * * *
    San Diego fairy shrimp (Branchinecta sandiegonensis)
    1. Critical habitat units are depicted for Orange and San Diego 
Counties, California, on the maps below.

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    2. Critical habitat includes vernal pool basins and vernal pool 
complexes indicated on the maps below and their associated watersheds 
and hydrologic regime.
    3. Within these areas, the primary constituent elements include, 
but are not limited to, those habitat components that are essential for 
the primary biological needs of foraging, sheltering, reproduction, and 
dispersal. The primary constituent elements are found in those areas 
that support or have the potential to support vernal pools or other 
ephemeral depressional wetlands. Within these seasonal wetlands, 
specific associations that are essential to the primary biological 
needs of the San Diego fairy shrimp include, but are not limited to, 
the following: small to large vernal pools with shallow to moderate 
depths that hold water for at least 5 days but not necessarily every 
year; entire watershed(s) and hydrology for vernal pool basins and 
their associated vernal pool complexes, ephemeral depressional 
wetlands, flat or gently sloping topography, and any soil type with a 
clay component and/or an impermeable surface or subsurface layer known 
to support vernal pool habitat.
    4. Critical habitat does not include nonFederal lands covered by a 
Habitat Conservation Plan or Subarea Plan, with an executed 
implementation agreement, approved for the San Diego fairy shrimp under 
section 10(a)(1)(B) of the Act on or before March 8, 2000.

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Map Unit 1; Orange County, California. From USGS 1:24,000 quadrangle 
map Newport Beach, California (1981). The following lands located in 
Fairview Regional Park within the City of Costa Mesa are being 
proposed for critical habitat; starting from UTM coordinate 413000 
E, 3725000 N to 413000 E, 3724000 N to 412000 E, 3724000 N to 412000 
E, 3725000 N to 413000 E, 3725000 N.

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Map Unit 2; San Diego County, California. From USGS 1:24,000 
quadrangle maps Oceanside, California (1975), San Onofre Bluffs, 
California (1975), Las Pulgas Canyon, California (1968), Morro 
Hills, California (1968), San Luis Rey, California (1975), 
Encinitas, California (1975): The following lands within San 
Clemente, California (1975) quadrangle map starting at UTM 
coordinate 452000 E, 3700000 N to 452000 E, 3699000 N to 452000 E, 
3700000 N to 451000 E, 3698000 N to 449000 E, 3698000 N to 449000 E, 
3699000 N to 447000 E, 3699000 N to 447000 E, 3700000 N to 452000 E, 
3700000 N. The following lands within San Clemente, California 
(1975) quadrangle map starting at UTM coordinate 447000 E, 3694000 N 
to 448000 E, 3694000 N to 448000 E, 3692000 N within San Onofre 
Bluffs, California (1975) to 447000 E, 3692000 N to 448000 E, 
3694000 N to 447000 E, 3694000 N within San Clemente, California 
(1975) quadrangle map to the Pacific Ocean but not including the 
Pacific Ocean. The following lands within Morro Hills, California 
(1968) quadrangle map starting at UTM coordinate 468000 E, 3686000 N 
to 468000 E, 3685000 N to 466000 E, 3685000 N to 466000 E, 3686000 N 
to 468000 E, 3686000 N. The following lands within Morro Hills, 
California (1968) quadrangle map starting at UTM coordinate 471000 
E, 3691000 N, to 471000 E, 3690000 N, to 469000 E, 3690000 N, to 
469000 E, 3691000 N, to 471000 E, 3691000. The following lands 
within Morro Hills, California (1968) quadrangle map starting at UTM 
coordinate 471000 E, 3689000 N, to 471000 E, 3688000 N, to 470000 E, 
3688000 N, to 470000 E, 3689000 N, to 471000 E, 3689000. The 
following lands within Las Pulgas Canyon, California (1968) 
quadrangle map starting at UTM coordinate 456000 E, 3688000 N, to 
456000 E, 3687000 N, to 457000 E, 3687000 N, to 457000 E, 3686000 N, 
to 458000 E, 3686000 N, to 458000 E, 3685000 N, to 460000 E, 3685000 
N, to 460000 E, 3684000 N, to 461000 E, 3684000 N, to 461000 E, 
3682000 N, to 460000 E, 3682000 N, to 460000 E, 3680000 N, to 461000 
E, 3680000 N, to 461000 E, 3679000 N, to 459000 E, 3679000 N, to 
459000 E, 3680000 N, to 458000 E, 3680000 N, to 458000 E, 3681000 N, 
to 457000 E, 3681000 N, to 457000 E, 3684000 N, to 455000 E, 3684000 
N, to 455000 E, 3686000 N, to 454000 E, 3686000 N, to 454000 E, 
3687000 N, to 455000 E, 3687000 N, to 455000 E, 3688000 N, to 456000 
E, 3688000. Excluding the following: the Las Pulgas Canyon, 
California (1968) quadrangle map starting at UTM coordinate 456000 
E, 3686000 N, to 457000 E, 3686000 N, to 457000 E, 3685000 N, to 
456000 E, to 3685000 N, to 456000 E, 3686000 N. The following lands 
within Las Pulgas Canyon, California (1968) quadrangle map starting 
at UTM coordinate 464000 E, 3682000 N, to 464000 E, 3681000 N, to 
465000 E, 3681000 N, to 465000 E, 3680000 N, to 464000 E, 3680000 N, 
to 464000 E, 3679000 N, to 467000 E, 3679000 N within the Morro 
Hills, California (1968) quadrangle map to 467000 E, 3677000 N 
within the San Luis Rey, California (1975) quadrangle map to 466000 
E, 3677000 N, to 466000 E, 3675000 N, to 463000 E, 3675000 N within 
the Oceanside, California (1975) quadrangle map, to 463000 E, 
3682000 N within the Las Pulgas Canyon, California (1968) quadrangle 
map to 464000 E, 3682000 N. The following lands within San Luis Rey, 
California (1975) quadrangle map starting at UTM coordinate 473000 
E, 3666000 N to 474000 E, 3666000 N to 474000 E, 3665000 N to 473000 
E, 3665000 N to 473000 E, 3666000 N. The following lands within 
Encinitas, California (1975) quadrangle map starting at UTM 
coordinate 471000 E, 3664000 N to 471000 E, 3662000 N to 470000 E, 
3662000 N to 470000 E, 3664000 N to 471000 E, 3664000 N.

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Map Unit 3; San Diego County, California. From USGS 1:24,000 
quadrangle map San Marcos, California (1968), Ramona, California 
(1975), San Pasqual, California (1971): The following lands within 
San Marcos, California (1968) quadrangle map starting at UTM 
coordinate 483000 E, 3668000 N to 483000 E, 3667000 N to 485000 E, 
3667000 N to 485000 E, 3666000 N to 483000 E, 3666000 N to 483000 E, 
3665000 N to 481000 E, 3665000 N to 481000 E, 3668000 N to 483000 E, 
3668000 N. The following lands within San Pasqual, California (1971) 
quadrangle map starting at UTM coordinate 509000 E, 3657000 N to 
509000 E, 3656000 N to 510000 E, 3656000 N to 510000 E, 3655000 N to 
511000 E, 3655000 N to 511000 E, 3656000 N to 512000 E, 3656000 N 
within Ramona, California (1975) quadrangle map to 512000 E, 3655000 
N to 513000 E, 3655000 N to 513000 E, 3654000 N to 512000 E, 3654000 
N to 512000 E, 3653000 N to 509000 E, 3653000 N within San Pasqual, 
California (1971) quadrangle map to 509000 E, 3654000 N to 504000 E, 
3654000 N to 504000 E, 3655000 N to 505000 E, 3655000 N to 505000 E, 
3656000 N to 506000 E, 3656000 N to 506000 E, 3655000 N to 507000 E, 
3655000 N to 507000 E, 3656000 N to 508000 E, 3656000 N to 508000 E, 
3657000 N to 509000 E, 3657000 N.

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Map Unit 4; San Diego County, California. From USGS 1:24,000 
quadrangle maps Del Mar, California (1975), La Mesa, California 
(1975), La Jolla, California (1975), Poway, California (1975), 
National City, California (1975). The following federal and state 
lands within Del Mar, California (1975) quadrangle map starting at 
UTM coordinate 484000 E, 3646000 N, to 486000 E, 3646000 N, to 
486000 E, 3644000 N, to 484000 E, 3644000 N to 484000 E, 3646000 N. 
Excluding all lands within the jurisdiction of the City of San Diego 
and the County of San Diego MSCP. The following federal and state 
lands within Del Mar, California (1975) quadrangle map starting at 
UTM coordinate 483000 E, 3643000 N, to 485000 E, 3643000 N, to 
485000 E, 3642000 N, to 483000 E, 3642000 N, to 483000 E, 3643000 N. 
Excluding all lands within the jurisdiction of the City of San Diego 
and the County of San Diego MSCP. The following federal and state 
lands within Del Mar, California (1975) quadrangle map starting at 
UTM coordinate 486000 E, 3638000 N to 486000 E, 3639000 N to 489000 
E, 3639000 N within the Poway, California (1975) quadrangle map to 
489000 E, 3640000 N to 490000 E, 3640000 N to 490000 E, 3639000 N to 
491000 E, 3639000 N to 491000 E, 3638000 N to 492000 E, 3638000 N to 
492000 E, 3636000 N within the La Mesa, California (1975) quadrangle 
map to 490000 E, 3636000 N to 490000 E, 3635000 N to 492000 E, 
3635000 N to 492000 E, 3633000 N to 491000 E, 3633000 N to 491000 E, 
3634000 N to 490000 E, 3634000 N to 490000 E, 3632000 N to 488000 E, 
3632000 N within the La Jolla, California (1975) quadrangle map to 
488000 E, 3633000 N to 487000 E, 3633000 N to 487000 E, 3632000 N to 
486000 E, 3632000 N to 486000 E, 3633000 N to 485000 E, 3633000 N to 
485000 E, 3634000 N to 486000 E, 3634000 N to 486000 E, 3635000 N to 
483000 E, 3635000 N to 483000 E, 3637000 N to 481000 E, 3637000 N to 
481000 E, 3638000 N within the Del Mar, California (1975) quadrangle 
map to 486000

[[Page 12200]]

E, 3638000 N to 486000 E, 3639000 N to 486000 E, 3637000 N to 488000 
E, 3637000 N to 488000 E, 3638000 N to 486000 E, 3638000 N. 
Excluding the following: the Del Mar, California (1975) quadrangle 
map starting at 486000 E, 3638000 N to 488000 E, 3638000 N to 488000 
E, 3637000 N within the La Jolla, California (1975) quadrangle map 
to 486000 E, 3637000 N to 486000 E, 3638000 N Del Mar, California 
(1975) quadrangle map and excluding all lands within the 
jurisdiction of the City of San Diego and the County of San Diego 
MSCP. The following federal and state lands within La Mesa, 
California (1975) quadrangle map starting at UTM coordinate 491000 
E, 3630000 N to 491000 E, 3628000 N to 489000 E, 3628000 N to 489000 
E, 3629000 N to 490000 E, 3629000 N to 490000 E, 3630000 N to 491000 
E, 3630000 N. The following federal and state lands within National 
City, California (1975) quadrangle map starting at UTM coordinate 
495000 E, 3623000 N to 495000 E, 3622000 N to 493000 E, 3622000 N to 
493000 E, 3623000 N to 495000 E, 3623000 N.

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Map Unit 5; San Diego County, California. From USGS 1:24,000 
quadrangle map National City, California (1975), Jamul Mountains, 
California (1971), Dulzura, California (1988), Otay Mesa, California 
(1975), Imperial Beach, California (1975): The following federal and 
state lands within Jamul Mountains, California (1971) quadrangle map 
starting at UTM coordinate 511000 E, 3612000 N, to 512000 E, 3612000 
N within the Dulzura, California (1988) quadrangle map to 512000 E, 
3611000 N to 511000 E, 3611000 N within the Jamul

[[Page 12201]]

Mountains, California (1971) quadrangle map to 511000 E, 3612000 N. 
The following federal and state lands within Otay Mesa, California 
(1975) quadrangle map starting at UTM coordinate 506000 E, 3608000 N 
to 507000 E, 3608000 N to 507000 E, 3606000 N to 506000 E, 3606000 N 
to 506000 E, 3608000 N. The following federal and state lands within 
Otay Mesa, California (1975) quadrangle map starting at UTM 
coordinate 505000 E, 3605000 N to 506000 E, 3605000 N to 506000 E, 
3603000 N to 505000 E, 3603000 N to 505000 E, 3605000 N. The 
following federal and state lands within Otay Mesa, California 
(1975) quadrangle map starting at UTM coordinate 502000 E, 3607000 N 
to 503000 E, 3607000 N to 503000 E, 3605000 N to 502000 E, 3605000 N 
to 502000 E, 3607000 N. The following federal and state lands within 
Imperial Beach, California (1975) quadrangle map starting at UTM 
coordinate 489000 E, 3603000 N to 489000 E, 3602000 N to 488000 E, 
3602000 N to 488000 E, 3603000 N to 489000 E, 3603000 N.

    Dated: February 29, 2000.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-5413 Filed 3-7-00; 8:45 am]
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