[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Rules and Regulations]
[Pages 9414-9474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2253]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Final Designation of 
Critical Habitat for the Arroyo Toad; Final Rule

  Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018--AG15


Endangered and Threatened Wildlife and Plants; Final Designation 
of Critical Habitat for the Arroyo Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for the arroyo toad (Bufo californicus) pursuant to 
the Endangered Species Act of 1973, as amended (Act). A total of 
approximately 73,780 hectares (182,360 acres) in Monterey, Santa 
Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and 
San Diego Counties, California, is designated as critical habitat.
    Critical habitat identifies specific areas that are essential to 
the conservation of a listed species and, with respect to areas within 
the geographic range occupied by the species, that may require special 
management considerations or protection. The primary constituent 
elements for the arroyo toad are those habitat components that are 
essential for the primary biological needs of foraging, breeding, 
growth of larvae (tadpoles) and juveniles, intra-specific 
communication, dispersal, migration, genetic exchange, and sheltering. 
All areas designated as critical habitat for the arroyo toad contain 
one or more of the primary constituent elements.
    We have not designated critical habitat on lands covered by an 
existing, legally operative, incidental take permit for the arroyo toad 
under section 10(a)(1)(B) of the Act, except for one area that has 
activities not covered by the habitat conservation plan (HCP). 
Subsection 4(b)(2) of the Act allows us to exclude from critical 
habitat designation areas where the benefits of exclusion outweigh the 
benefits of designation, provided the exclusion will not result in the 
extinction of the species. We believe that the benefits of excluding 
HCPs from the critical habitat designation for the arroyo toad will 
outweigh the benefits of including them.
    In areas where HCPs have not yet had permits issued, we have 
designated critical habitat for lands essential to the survival and 
conservation of arroyo toads and that may require special management 
considerations or protections.
    Section 4 of the Act requires us to consider economic and other 
relevant impacts of specifying any particular area as critical habitat. 
Section 7 of the Act prohibits destruction or adverse modification of 
critical habitat by any activity funded, authorized, or carried out by 
any Federal agency. We solicited data and comments from the public on 
all aspects of the proposal, including data on the economic and other 
impacts of designation and our approaches for handling HCPs. We revised 
the proposal to incorporate or address new information received during 
the comment periods.
    We also correct the list of endangered species to account for a 
change in the taxonomy of the arroyo toad.

DATE: This rule becomes effective on March 9, 2001.

FOR FURTHER INFORMATION CONTACT: For information about Monterey, San 
Luis Obispo, Santa Barbara, and Ventura Counties, northern Los Angeles 
County and the desert portion of San Bernardino County, contact Diane 
Noda, Field Supervisor, Ventura Fish and Wildlife Office, 2394 Portola 
Road, Suite B, Ventura, California, (telephone 805/644-1766; facsimile 
805/644-3958). For information about southern Los Angeles and urban and 
montane San Bernardino Counties, and Riverside, Orange, and San Diego 
Counties, contact Ken Berg, Field Supervisor, Carlsbad Fish and 
Wildlife Office, 2730 Loker Avenue West, Carlsbad, California 92008 
(telephone 760/431-9440; facsimile 760/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    The following discussion is adapted from the final recovery plan 
for the arroyo toad (Service 1999), which is available from the 
addresses above. The arroyo toad (Bufo californicus) is one of three 
members of the southwestern toad (B. microscaphus) complex, in the 
family of true toads, Bufonidae. At the time it was listed, the arroyo 
toad was considered a subspecies of the southwestern toad, B. 
microscaphus californicus. The taxonomy of the complex has been 
examined recently by Gergus (1998). Based on his genetic studies, the 
arroyo toad should be considered a separate species, Bufo californicus.
    The arroyo toad is a small (adults: snout-urostyle (body) length 55 
to 82 millimeters (mm) (2.2 to 3.2 inches (in.)), dark-spotted toad of 
the family Bufonidae, with females larger than males. Adult arroyo 
toads have a light-olive green or gray to tan dorsum (back) with dark 
spots and warty skin. The venter (underside) is white or buff and 
without dark blotches or spots. A light-colored, V-shaped stripe 
crosses the head and eyelids, and the anterior portion of the oval 
parotoid glands (just behind the eyes) are pale. There is usually a 
light area on each side of the sacral (pelvic) hump and in the middle 
of the back. The arroyo toad generally does not have a middorsal 
stripe, but if one is present, it extends only partway along the back.
    The arroyo toad is found in coastal and desert drainages from 
Monterey County, California, south into northwestern Baja California, 
Mexico. These systems are inherently quite dynamic, with marked 
seasonal and annual fluctuations in climatic regimes, particularly 
rainfall. Natural climatic variations as well as other random events, 
such as fires and floods, coupled with the species' specialized habitat 
requirements, lead to annual fluctuations in arroyo toad populations. 
Human alterations of habitat can have unpredictable effects on arroyo 
toad populations. As a result of agriculture and urbanization, and the 
construction, operation, and maintenance of water storage reservoirs, 
flood control structures, roads, and recreational facilities such as 
campgrounds and off-highway vehicle parks, many arroyo toad populations 
have been reduced in size or extirpated (eliminated) due to extensive 
habitat loss from the 1920s into the 1990s. Jennings and Hayes (1994) 
believe that the loss of habitat, coupled with habitat modifications 
due to the manipulation of water levels in many central and southern 
California streams and rivers, as well as predation from introduced 
aquatic species and habitat degradation from introduced plant species, 
caused arroyo toads to be extirpated from 76 percent of the previously 
occupied habitat in California.
    Because the arroyo toad was often confused with the California toad 
(Bufo boreas halophilus), which is very common in the same region, 
detailed studies of the natural history of the arroyo toad were not 
begun until the 1980s and 1990s. The arroyo toad exhibits breeding 
habitat specialization that favors shallow pools and open sand and 
gravel channels along low-gradient reaches of medium to large-sized 
streams (Service 1999). These streams can have either intermittent or 
perennial streamflow and typically experience periodic flooding that 
scours vegetation and replenishes fine sediments. In at least some 
portions of its range, the species also breeds in smaller streams and 
canyons where low-gradient breeding sites are more sporadically

[[Page 9415]]

distributed. Populations in smaller drainages are likely to be smaller 
and at greater risk of extirpation than those on larger streams and in 
larger habitat patches (Service 1999).
    Arroyo toads also require and spend most of their adult life in 
upland habitats. Individual toads have been observed as far as 2 
kilometers (km) (1.2 miles (mi)) from the streams where they breed, but 
are most commonly found within 0.5 km (0.3 mi) of those streams 
(Service 1999; Griffin et al. 1999; Dan C. Holland, Camp Pendleton 
Amphibian and Reptile Survey, Fallbrook, California, unpublished data; 
Holland and Sisk 2000). Arroyo toads typically burrow underground 
during periods of inactivity and thus tend to utilize upland habitats 
that have sandy, friable (readily crumbled) soils. Although the upland 
habitat use patterns of this species are poorly understood, activity 
probably is concentrated in the alluvial flats (areas created when 
sediments from the stream are deposited) and sandy terraces found in 
valley bottoms of currently active drainages (Service 1999, Griffin et 
al. 1999, Sweet in litt. 1999, Ramirez 2000, Holland and Sisk 2000).

Habitat Characteristics and Ecological Considerations

    Appropriate habitat for the arroyo toad is created and maintained 
by the fluctuating hydrological, geological, and ecological processes 
operating in riparian ecosystems and the adjacent uplands. The 
riparian/wash habitats as well as adjacent upland habitats are 
essential for this species' survival. Periodic flooding that modifies 
stream channels, redistributes channel sediments and alters pool 
location and form, coupled with upper terrace stabilization by 
vegetation, is required to keep a stream segment suitable for all life 
stages of the arroyo toad.
    Specifically, arroyo toads require shallow, slow-moving streams, 
and riparian (areas near a source of water) habitats that are disturbed 
naturally on a regular basis, primarily by flooding. Periodic flooding 
helps maintain areas of open, sparsely vegetated sandy stream channels 
and terraces. Throughout their range, arroyo toads are typically found 
in medium- to large-sized streams, in stretches where riverbed 
gradients are low, there are adjacent alluvial terraces, and surface 
waters form shallow pools that persist at least through the early 
summer months (e.g., into June). These habitat conditions are most 
prevalent in foothill valleys, but also occur in several drainages 
along the coastal plain and on the desert side of the Transverse 
Ranges.
    Arroyo toads have specialized requirements for breeding habitats. 
Breeding, arroyo toads use open sites such as overflow pools, old flood 
channels, and shallow pools along streams. Such habitats rarely have 
closed canopies over the lower banks of the stream channel due to 
regular flood events. Heavily shaded pools are generally unsuitable for 
larval and juvenile arroyo toads because of lower water and soil 
temperatures and poor algal mat development. Episodic (temporary) 
flooding is critical to keep the low stream terraces relatively 
vegetation-free and the soils friable enough for juvenile and adult 
toads to create burrows. Pools less than 30 centimeters (cm) (12 in.) 
deep with clear water, flow rates less than 5 cm per second (0.2 foot 
(ft) per second), and bottoms composed of sand or well-sorted fine 
gravel are favored by adults for breeding.
    Areas that are used by juveniles consist primarily of sand or fine 
gravel bars with varying amounts of large gravel or cobble with 
adjacent stable sandy terraces and streamside flats. Areas that are 
damp and have less than 10 percent vegetation cover provide the best 
conditions for juvenile survival and rapid growth (Service 1999).
    The adjacent alluvial terraces used by subadults and adults for 
foraging and burrowing are typically sparsely to moderately vegetated 
with brush and trees such as mulefat (Baccharis spp.), California 
sycamore (Platanus racemosa), cottonwoods (Populus spp.), coast live 
oak (Quercus agrifolia), and willow (Salix spp.). The understory of 
stream terraces may consist of scattered short grasses, herbs, and leaf 
litter, with patches of bare or disturbed soil, or have no vegetation 
at all. Substantial areas of fine sand, into which adult toads burrow, 
must be present, but can be interspersed with gravel or cobble 
deposits.
    Upland habitats used by arroyo toads during both the breeding and 
nonbreeding seasons include alluvial scrub, coastal sage scrub, 
chaparral (shrubby plants adapted to dry summers and moist winters), 
grassland, and oak woodland. Arroyo toads also have been found in 
agricultural fields (Griffin et al. 1999), which probably constitute 
sinks (areas where mortality rates are higher than reproduction rates) 
over the long term, due to tilling, pesticide and fertilizer 
applications, and heavy equipment use (Paul C. Griffin, University of 
Montana, Missoula, Montana in litt. 2000). When foraging, subadult and 
adult arroyo toads often are found around the driplines of oak trees. 
These areas often lack vegetation, yet have appropriate levels of prey. 
When active at night, toads often can be observed near ant trails 
feeding on passing ants, beetles, and other prey.
    Males call from the streams during the breeding period, which is 
generally from late February to early July, although it can be extended 
in some years, depending on weather conditions. Males may remain at or 
near the breeding pools for several weeks and are particularly 
susceptible to predation at this time. Females apparently move to the 
breeding pools in the streams for only short time periods, in order to 
soak in the water and to breed (Griffin et al. 1999; Nancy Sandburg, 
Santa Barbara, California, pers. comm. 1999). Amplexus (mating embrace 
of the female by the male) and egg-laying generally occur at the site 
where the male was calling. Female arroyo toads apparently release 
their entire clutch of 2,000 to 10,000 eggs as a single breeding effort 
and probably are unable to produce a second clutch during the mating 
season. If conditions are unsuitable, females may not obtain sufficient 
food for egg production and will forgo breeding during that year. The 
eggs are laid on substrates of sand, gravel, or cobble generally 
located away from vegetation in the shallow margins of the pool. High 
water flows can wash the eggs out of pools, breaking up the egg strands 
and killing the developing embryos. Silt eroding into the streams from 
road crossings, adjacent roads, overgrazing, or mining activities can 
cover and suffocate eggs.
    Larvae usually hatch in 4 to 6 days at water temperatures of 12 to 
16 degrees Celsius (54 to 59 degrees Fahrenheit). Larvae may take 8 to 
14 days to become free-swimming, depending on the water temperature. 
They are particularly susceptible to the effects of high water flows 
during this time period, and heavy rains or untimely releases of water 
from dams can kill thousands of tadpoles very quickly. The larval 
period for arroyo toads lasts about 65 to 85 days, depending on water 
temperatures. Metamorphosis may occur at any time between April and the 
beginning of September, depending on the time of breeding, weather, and 
water quality. Peak metamorphosis occurs from the end of June to mid-
July in the northern part of the toad's range and from late April to 
mid-May in southern California, although it may be later, particularly 
at higher elevations. For several days before metamorphosis, arroyo 
toad larvae cease feeding and aggregate in shallow water along the 
edges of gravel or sand bars, often under or along stranded algal mats. 
The metamorphosing and newly

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metamorphosed toads are extremely susceptible to predation, habitat 
disturbance, and activities in the streams during this period (Service 
1999).
    Juvenile arroyo toads remain in the saturated substrate at the 
edges of breeding pools for 1 to 3 weeks after metamorphosis. They are 
active during the day and can be exposed on the barren sand because 
they are too small to burrow into the substrate. During this period, 
many toads are lost due to predation unless they can find some cover, 
such as cobble, algal mats, or pieces of debris, under or beside which 
to hide. As the toads mature, they move further from the pools onto 
sand and gravel bars. Crushing of toads by humans and livestock can be 
a substantial source of mortality at this stage (Service 1999).
    As the toads grow, they begin to dig shallow burrows in fine sand, 
and switch to a nocturnal (night-time) activity pattern, when they 
forage for ants and beetles. Suitable sandy habitat can be highly 
localized resulting in dense concentrations of juvenile toads. If the 
substrate is not friable enough, juvenile toads often disperse farther 
away from the breeding pool into nearby stands of woody riparian 
vegetation. Most toads will move into willows or other vegetation as 
they grow, and as the stream dries naturally. Thus, to provide optimal 
conditions for arroyo toad survival and recovery, it is necessary to 
maintain a patchwork of suitable habitats. This patchwork will be on 
several scales, with open stream pools and sand or gravel bars 
interspersed with patches of native vegetation.
    Little is known of the seasonal and annual movements or 
physiological ecology of adults, but subadults and some adult males 
move along streams as much as 0.8 km (0.5 mi) and over 1.0 km (0.6 mi) 
in a few cases during a single breeding season (Griffin et al. 1999; 
Ramirez 2000). Dispersal movements along the stream channel may be over 
8 km (5 mi), as evidenced by finding arroyo toads breeding along upper 
Piru Creek in 1999 and 2000 (U.S. Forest Service (Forest Service) 1999, 
Maeton Freel, Forest Service, pers. comm. 2000). The area had been 
surveyed numerous times in the past without finding the species (Sam 
Sweet, University of California, Santa Barbara, pers. comm. 1999, 
2000).
    The extent of arroyo toad movements away from the stream channel is 
influenced by rainfall amounts, availability of surface water, width of 
streamside terraces and floodplains, vegetative cover, and topography 
(Griffin et al. 1999; Ramirez 2000). In San Diego County, Griffin et 
al. (1999) found that, for toads radiotracked for more than 10 days, 14 
female adult arroyo toads moved an average maximum distance of 135 
meters (m) (443 feet (ft)) and a maximum of more than 300 m (984 ft) 
perpendicularly from streams, while 46 males moved an average maximum 
of 73 m (240 ft) from the streams. Thirty-three males along coastal 
streams with broad floodplains moved an average maximum of 92 m (302 
ft) from the streams, while 13 in a narrower canyon moved only 23 m (75 
ft) from the streambed (Griffin et al. 1999). Ramirez (2000) recorded a 
maximum distance from the stream of 37 m (121 ft) for 12 arroyo toads 
in one desert slope stream with a very narrow floodplain, and 200 m 
(656 ft) for an undisclosed number of toads in another desert slope 
system with a broader floodplain. Those distances probably 
underestimate the true range of movement distances due to the limited 
numbers and tracking season. The extent to which toads move away from 
streams may be partially regulated by climatic conditions; moderate 
stable temperatures and high humidity facilitate longer-distance 
movements into upland habitats (Service 1999). We do not have enough 
data to characterize fully overwintering activities and habitat use in 
all of the systems that arroyo toads inhabit.
    Several land use activities may affect the hydrology of arroyo toad 
stream habitats and destroy or severely modify the dynamic nature of 
the riparian systems upon which arroyo toads depend for reproduction, 
development, and survival. Human activities that affect water quality 
influence the amount and timing of nonflood flows or frequency and 
intensity of floods, affect riparian plant communities, or alter 
sedimentation dynamics can reduce or eliminate the suitability of 
stream channels for arroyo toad breeding habitat. Degradation or loss 
of surrounding riparian and upland habitats reduces and eliminates 
foraging and overwintering habitat. The introduction of nonnative plant 
and animal species can reduce the quality of all habitats used by 
arroyo toads, lead to detrimental levels of competition and predation, 
or reduce the availability of toad food. Run-off from roads can 
decrease habitat quality for arroyo toads, and roads provide access for 
humans, domestic animals, and invasive species that can lead to 
additional habitat degradation.
    The effects of such activities and factors may not become apparent 
until many years later when the habitat finally becomes sufficiently 
degraded that arroyo toads can no longer reproduce and survive. 
Combined with the normal climatic fluctuations in the arroyo toad's 
range, which can include consecutive years of extremely high or low 
rainfall, human impacts can cause temporary or permanent extirpations 
of toads from some areas. Human activities that may cause adverse 
impacts to arroyo toads include urbanization and agriculture within and 
adjacent to riparian habitats, the use of pesticides and herbicides 
within or adjacent to arroyo toad habitat, dam building and the 
resulting reservoirs, water flow manipulations, sand and gravel mining, 
suction dredge mining, road placement across and within stream 
terraces, livestock grazing, off-highway vehicle use of roads and 
stream channels, the placement of campgrounds and other recreational 
facilities in arroyo toad habitat (especially on stream terraces), and 
the use of stream channels and terraces for recreational activities.

Previous Federal Actions

    We first included the arroyo southwestern toad as a Category 2 
candidate species in the September 18, 1985, Notice of Review of 
Candidate Species (50 FR 37958). It was included under the same 
category in subsequent notices on January 6, 1989 (54 FR 554), and 
November 21, 1991 (56 FR 58804). We were petitioned to list the arroyo 
toad under the Endangered Species Act (Act) of 1973, as amended (16 
U.S.C. 1531 et seq.), on December 30, 1992, and we published a proposed 
rule on August 3, 1993 (58 FR 41231). The arroyo toad was listed as 
endangered on December 16, 1994 (59 FR 64859). The designation of 
critical habitat was determined to be not prudent due to threats of 
vandalism and collection. A draft recovery plan for the arroyo 
southwestern toad was made available for public comment on May 6, 1998 
(63 FR 25062), and we published the final recovery plan in September 
1999.
    At the time of listing, we concluded that designation of critical 
habitat for the arroyo toad was not prudent due to threats of vandalism 
and collection and because such designation would not benefit the 
species. We were concerned that critical habitat designation would 
likely increase the degree of threat from vandalism, collection, or 
other human-induced impacts. We were aware of at least one instance of 
the apparent collection of a group of breeding males that had occurred 
during the listing process, following the publication of information 
regarding an ongoing scientific study. During the development of the 
final recovery plan, concern was raised about collecting

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activities on some public lands (Service 1999). However, we have 
determined that instances of vandalism have not increased since the 
listing of the arroyo toad, and the threats to this species and its 
habitat from specific instances of collection and habitat destruction 
do not outweigh the broader educational, potential regulatory, and 
other possible benefits that designation of critical habitat would 
provide for this species. A designation of critical habitat can provide 
educational benefits by formally identifying those areas essential to 
the conservation of the species. These areas are also identified in the 
recovery plans as the focus of our recovery efforts for the arroyo 
toad.
    On March 4, 1999, the Southwest Center for Biological Diversity 
(Center for Biological Diversity) and Christians Caring for Creation 
filed a lawsuit in the Northern District of California against the 
Service for failure to designate critical habitat for seven species 
including the arroyo southwestern toad (Bufo microscaphus 
californicus). On November 5, 1999, the district court dismissed the 
plaintiffs' lawsuit pursuant to a settlement agreement entered into by 
the parties. Under the settlement agreement, we agreed to submit a 
proposed determination of critical habitat for the arroyo toad by June 
1, 2000, and to submit the final designation to the Federal Register by 
January 5, 2001. By further agreement with the plaintiffs, this final 
deadline was to extended to January 19, 2001, to allow us time to 
review and incorporate the comments received on the proposed 
designation and draft economic analysis.
    On June 8, 2000, we published a proposed determination for the 
designation of critical habitat for the arroyo toad (65 FR 36512). A 
total of approximately 193,600 hectares (478,400 acres) was proposed as 
critical habitat for the arroyo toad in Monterey, San Luis Obispo, 
Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, 
and San Diego Counties, California. The comment period was open until 
August 7, 2000. During this 60-day comment period we held two public 
hearings (Valencia on June 27 and Temecula on June 29, 2000). On 
November 9, 2000, we published a notice (65 FR 67334) announcing the 
reopening of the comment period and a notice of availability of the 
draft economic analysis on the proposed determination. The comment 
period was open an additional 30 days, until December 11, 2000.

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 or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. In our regulations at 50 CFR 402.02, 
we define destruction or adverse modification as ``. . . the direct or 
indirect alteration that appreciably diminishes the value of critical 
habitat for both the survival and recovery of a listed species. Such 
alterations include, but are not limited to, alterations adversely 
modifying any of those physical or biological features that were the 
basis for determining the habitat to be critical.'' 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 nexus, critical habitat designation would not afford any 
additional protections under the Act against such activities.
    To be included in a critical habitat designation, the habitat must 
first be ``essential to the conservation of the species.'' Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas that provide 
essential life cycle needs of the species (i.e., areas on which are 
found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Section 4 requires that we designate critical habitat at the time 
of listing and based on what we know at the time of the designation. 
When we designate critical habitat at the time of listing or under 
short court-ordered deadlines, we will often not have sufficient 
information to identify all areas of critical habitat. We are required, 
nevertheless, to make a decision and thus, must base our designations 
on what, at the time of designation, we know to be critical habitat.
    Within the geographic area occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have the features and habitat characteristics that are 
necessary to sustain the species. We will not speculate about what 
areas might be found to be essential if better information became 
available, or what areas may become essential over time. If the 
information available at the time of designation does not show that an 
area provides essential life cycle needs of the species, then the area 
should not be included in the critical habitat designation. Within the 
geographic area occupied by the species, we will not designate areas 
that do not now have the primary constituent elements , as defined at 
50 CFR 424.12(b), that provide essential life cycle needs of the 
species.
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species.'' (50 
CFR 424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species require designation of critical habitat outside of occupied 
areas, we will not designate critical habitat in areas outside the 
geographic area occupied by the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (Vol.59, p. 
34271), provides criteria, establishes procedures, and provides 
guidance to ensure that decisions made by the Service represent the 
best scientific and commercial data available. It requires Service 
biologists, to the extent consistent with the Act and with the use of 
the best scientific and commercial data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When determining which areas are critical 
habitat, a primary source of information should be the listing package 
for the species. Additional information may be obtained from a recovery 
plan, articles in peer-reviewed

[[Page 9418]]

journals, conservation plans developed by States and counties, 
scientific status surveys and studies, biological assessments, 
unpublished materials, and expert opinion or personal knowledge.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, all should understand that critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or may not be required for recovery. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1), and 
to the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard and the section 9 take prohibition, as determined on the basis 
of the best available information at the time of the action. We 
specifically anticipate that federally funded or assisted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Methods

    In determining areas that are essential to conserve the arroyo 
toad, we used the best scientific and commercial data available. We 
have reviewed the overall approach to the conservation of the arroyo 
toad undertaken by the local, state, Tribal, and Federal agencies 
operating within the species' range since its listing in 1994, and the 
identified steps necessary for recovery outlined in the final Recovery 
Plan for the Arroyo Southwestern Toad (Service 1999).
    We have also reviewed available information that pertains to the 
habitat requirements of this species, including material received since 
completion of the recovery plan. The material included data in reports 
submitted during section 7 consultations and by biologists holding 
section 10(a)(1)(A) recovery permits; research published in peer-
reviewed articles and presented in academic theses and agency reports; 
regional Geographic Information System (GIS) coverages; occupied and 
potential habitat maps developed by the Forest Service (Forest Service 
2000); habitat evaluation models for the San Diego County Multiple 
Species Conservation Program (MSCP), the North San Diego County 
Multiple Habitat Conservation Program (MHCP), and the North County 
Subarea of the MSCP for Unincorporated San Diego County; and a 
predictive habitat suitability map for San Diego County (Barto 1999). 
Further, information provided in comments on the proposed designation 
and draft economic analysis were evaluated and taken into consideration 
in the development of this final designation.

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 and to 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 and protection. These include, but 
are not limited to: space for individual and population growth and for 
normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, rearing (or development) of offspring; and 
habitats that are protected from disturbance or are representative of 
the historic geographical and ecological distributions of a species.
    The areas designated as critical habitat are designed to provide 
sufficient breeding and upland habitat to maintain self-sustaining 
populations and metapopulations of arroyo toads throughout its range, 
and provide of those habitat components essential for the conservation 
of the species. Due to the complex life history and dispersal 
capabilities of the toads, and the dynamic nature of the environment in 
which they are found, the critical habitat designations include a range 
of stream reaches and associated uplands. The critical habitat units 
are configured to provide for dispersal and migration corridors, as 
well as allowing room for population expansion.
    The primary constituent elements of critical habitat for the arroyo 
toad include rivers or streams with a hydrologic regime that supplies 
sufficient flowing water of suitable quality and sufficient quantity 
and at the appropriate times to provide space, food, and cover needed 
to sustain eggs, tadpoles, metamorphosing juveniles, and adult breeding 
toads; low-gradient stream segments (typically less than 4 percent) 
with sandy or fine gravel substrates which support the formation of 
shallow pools and sparsely vegetated sand and gravel bars for breeding 
and rearing of tadpoles and juveniles; a natural flooding regime or one 
sufficiently corresponding to a natural regime that will periodically 
scour riparian vegetation, rework stream channels and terraces, and 
redistribute sands and sediments, such that adequate numbers and sizes 
of breeding pools and sufficient terrace habitats with appropriate 
vegetation are maintained; upland habitats (particularly alluvial 
streamside terraces and adjacent valley bottomlands that include areas 
of loose soil and dependable subsurface moisture where toads can burrow 
underground and avoid desiccation) of sufficient width and quality to 
provide foraging and living areas for subadult and adult arroyo toads; 
few or no nonnative species that prey upon or compete with arroyo 
toads, or degrade their habitat; stream channels and upland habitats 
where manmade barriers do not completely or substantially impede 
migration to overwintering sites, dispersal between populations, or 
recolonization of areas that contain suitable habitat; and habitats 
with limited human-related disturbance.
    Arroyo toads are not distributed uniformly throughout the critical 
habitat units. Arroyo toad breeding habitat is patchily distributed 
along the stream courses, and the same is true of appropriate upland 
habitat. Some areas primarily provide for migration and dispersal 
between breeding and foraging habitats or allow for dispersal to 
additional breeding pools that will accommodate expanding populations. 
Habitat conditions within streams can change rapidly in response to 
streamflows and other factors, such as the development and shifting of 
sand and gravel bars, and creation and disappearance of pools. Terrace 
and upland habitats, although more stable than streambed and riparian 
habitats, may change as a result of rainfall, earthquakes, fires, and 
other natural events. These factors may cause the habitat suitability 
of given areas to vary over time, thus affecting the distribution of 
toads.

Criteria Used To Identify Critical Habitat

    The final recovery plan (Service 1999) for the arroyo toad 
identified the specific recovery needs of the species and serves as a 
starting point for

[[Page 9419]]

identifying areas essential to the conservation of the toad. Those 
drainage basins identified in the final recovery plan as areas 
necessary to achieve arroyo toad recovery are generally reflected in 
this final critical habitat designation.
    The recovery strategy for the arroyo toad focuses on providing 
sufficient breeding and upland habitat to maintain self-sustaining 
populations and metapopulations of arroyo toads across the historic 
range of the species in California. To recover the arroyo toad to the 
point where it can be downlisted or delisted, it is essential to 
preserve the species' genetic diversity as well as the variety of 
ecological environments in which it has persisted.
    We are designating critical habitat on lands that are considered 
essential to the conservation of the arroyo toad. Using the recovery 
plan for guidance, we determined an area was essential if it had one or 
more of the following characteristics: (1) supports a substantial core 
population of arroyo toads; (2) supports at least a small toad 
population and possesses favorable habitat conditions for population 
expansion and persistence; (3) suitable habitat situated in a location 
that appears to be crucial for maintaining the viability of a larger 
metapopulation; (4) occupied habitat on the periphery of the arroyo 
toad's geographic range; and (5) occupied habitat in atypical or 
underrepresented ecological environments (e.g., high elevation or 
desert-edge populations). These areas have the primary constituent 
elements described above.
    Areas supporting core populations or that have the potential to 
support large populations are essential because they represent the 
foundation for continued persistence of the species. Furthermore, some 
habitat areas that would not be considered essential if geographically 
isolated are in fact essential when situated in locations where they 
facilitate continued connectivity between surrounding populations or 
play a significant role in maintaining metapopulation viability (e.g., 
by providing additional areas of occupancy that provide resilience to 
periodic extirpations of adjacent habitat patches). Populations on the 
periphery of the species range or in atypical ecological environments 
are important for maintaining the genetic diversity of the species 
which could be essential to evolutionary adaptation to changing 
climatic and environmental conditions.
    Arroyo toads are found in a variety of ecologically and 
geographically distinct areas. In order to preserve this diversity, the 
recovery plan identifies three recovery units--Northern, Southern, and 
Desert--that reflect distinct ecological and geographic regions within 
the range of the species. The recovery units as identified in the final 
recovery plan are provided for reference in Table 1.

              Table 1.--Recovery Units for the Arroyo Toad
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Northern Unit
------------------------------------------------------------------------
San Antonio River, Monterey County
Sisquoc River and tributaries, Santa Barbara County
Upper Santa Ynez River Basin (Indian, Mono, Agua Caliente), Santa
 Barbara County
Sespe Creek, Ventura County
Piru Creek (Upper and Lower), Ventura and Los Angeles counties
Upper Santa Clara River Basin, Los Angeles County
Upper Los Angeles Basin: (Big Tujunga, tributaries, Arroyo Seco), Los
 Angeles County
------------------------------------------------------------------------
                              Southern Unit
------------------------------------------------------------------------
Santiago Creek, Orange County
San Jacinto River and Bautista Creek, Riverside County
San Juan basin and Trabuco Creeks, Orange and Riverside counties
San Mateo and San Onofre Creek basins, San Diego and Orange counties
Lower Santa Margarita basin (De Luz, Roblar, and Sandia Creeks), San
 Diego County
Upper Santa Margarita basin (Temecula Creek, Arroyo Seco), Riverside and
 San Diego Counties
Lower and Middle San Luis Rey basin (below Lake Henshaw), San Diego
 County
Upper San Luis Rey basin (above Lake Henshaw), San Diego County
Santa Ysabel Creek, San Diego County
San Diego basin (including San Vicente Creek), San Diego County
Sweetwater River basin (including Viejas, Peterson Creeks), San Diego
 County
Cottonwood Creek basin, San Diego County
------------------------------------------------------------------------
                               Desert Unit
------------------------------------------------------------------------
Little Rock Creek, Los Angeles County
Upper Mojave River basin (Mojave, Deep, Horsethief, Little Horsethief),
 San Bernardino County
Whitewater River basin, Riverside County
------------------------------------------------------------------------

    To identify and map areas essential to the conservation of the 
species, we used the characteristics of essential habitat described 
above, data on known arroyo toad locations, and criteria in the 
recovery plan for reclassification of the species. Spatial data on 
stream gradients were used to determine the extent of suitable breeding 
habitat in these areas. Stream reaches containing suitable breeding 
habitat are often patchily distributed and interspersed with higher 
gradient segments. These interspersed high-gradient segments were 
included in the mapped essential stream reaches because of their 
proximity to suitable breeding habitat and their importance in 
facilitating movement between breeding sites.
    To delineate essential upland habitat areas, we used a GIS-based 
modeling procedure to identify alluvial terraces and valley bottomlands 
adjacent to the previously identified essential stream reaches. Lacking 
spatially explicit data on geomorphology, elevation above the stream 
channel was used as an indicator of the extent of alluvial habitat. 
After some experimentation, we determined

[[Page 9420]]

that areas up to 25 m (80 ft) in elevation above the stream channel 
were most likely to contain the primary constituent upland habitat 
elements that are essential to arroyo toads. In extremely flat areas we 
recognized that there is likely a distance from the stream channel 
beyond which arroyo toads seldom travel, so we truncated the upland 
habitat delineation at a distance of 1.5 km (0.9 mi) if the 25-m 
elevation limit had not yet been reached. This distance is based on 
reported observations of arroyo toads at least 1.2 km from the upland/
riparian ecotone (Holland and Sisk 2000). As it turned out, the 25-m 
elevation limit was reached at distances less than 1.5 km from the 
mapped stream channel along more than 99 percent of the stream reaches, 
so the distance limit rarely was a factor.
    This GIS-based modeling technique was effective at capturing 
alluvial areas associated with river valleys. Thus, the width of the 
upland component of critical habitat varies based on topography. The 
habitat widens in broad alluvial valleys and narrows in places where 
streams run through constricted canyons or between surrounding hills.
    The boundaries of critical habitat in each drainage are mapped as 
contiguous blocks of 250-m-by-250 m cells that conform to a Universal 
Transverse Mercator (UTM) grid. We evaluated the effectiveness of this 
approach by overlaying known arroyo toad locations on these habitat 
boundaries and calculating the percent encompassed. More than 95 
percent of all known locations fell within the critical habitat 
boundaries. However, the vast majority of known locations come from 
stream surveys done during the breeding season and thus are detections 
of toads in breeding habitat. To more rigorously evaluate the critical 
habitat model, we assessed its effectiveness at capturing documented 
toad locations from the one available study that focused specifically 
on surveying toads in upland habitats. Holland and Sisk (2000) 
established extensive pitfall trap arrays at discrete distances from 
two stream courses and operated these arrays at various periods 
throughout the year. They had 466 captures of arroyo toads, 35 (7.5 
percent) of which were identified as being in upland areas. Those toads 
were captured at distances that ranged from 15 to 1,175 m from the 
upland-riparian ecotone (boundary) (Holland and Sisk 2000). For the two 
areas sampled in this study, our modeled critical habitat boundaries 
encompassed 88 percent of the pitfall trapping stations where arroyo 
toads were detected.
    To identify critical habitat units, we first examined those lands 
under Federal jurisdiction. Those lands include areas managed by the 
Department of Defense (DOD), the Forest Service, the Bureau of Land 
Management (BLM), the Army Corps of Engineers (Army Corps), and the 
Service. We also considered the existing status of non-Federal and 
private lands in designating areas as critical habitat. Section 
10(a)(1)(B) of the Act authorizes us to issue permits for the take of 
listed species incidental to otherwise lawful activities. An incidental 
take permit application 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. With one exception, non-
Federal public lands and private lands that are covered by an existing 
operative HCP and executed implementation agreement (IA) for arroyo 
toads under section 10(a)(1)(B) of the Act are not designated as 
critical habitat because the benefits of exclusion outweigh the 
benefits of inclusion as discussed in section 4(b)(2) of the Act.
    We are including portions of the Soboba, Pala, Rincon, Capitan 
Grande, Viejas, and Sycuan Indian Reservations because they all contain 
areas of high-quality habitat within units that are essential to the 
conservation of arroyo toads. We have coordinated with the respective 
Tribes on this designation under the guidance of the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951), E.O. 13175, and 512 
DM 2, which requires us to coordinate with federally recognized Tribes 
on a Government-to-Government basis.
    In defining critical habitat boundaries, we made an effort to 
exclude all developed areas, such as towns, housing developments, and 
other lands unlikely to contain primary constituent elements essential 
for arroyo toad conservation. Our 250-meter UTM grid minimum mapping 
unit was designed to minimize the amount of development along the urban 
edge included in our designation. However, this minimum mapping unit 
does not exclude all developed areas, such as buildings, aqueducts, 
railroads, airports, and other lands unlikely to contain the primary 
constituent elements. Federal actions limited to these areas would not 
trigger a section 7 consultation, unless they affect the species and/or 
the primary constituent elements in adjacent critical habitat.

Critical Habitat Designation

    The approximate area encompassing the designated critical habitat 
by county and land ownership is shown in Table 2.

                                                Table 2.--Approximate 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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             County                 Forest Service            BLM                 FWS              Military           State/Local           Tribal              Private              Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Monterey.......................  0                    0                    0                 2,900 ha             0                   0                   20 ha               2,920 ha
                                                                                             (7,170 ac)                                                   (50 ac)             (7,220 ac)
Santa Barbara..................  3,415 ha             0                    0                 0                    0                   0                   2,365 ha            5,780 ha
                                 (8,440 ac)                                                                                                               (5,830 ac)          (14,270 ac)
Ventura........................  4,080 ha             0                    0                 0                    0                   0                   360 ha              4,440 ha
                                 (10,090 ac)                                                                                                              (900 ac)            (10,990 ac)
Los Angeles....................  4,505 ha             10 ha                0                 0                    20 ha               0                   3525 ha             8,060 ha
                                 (11,130 ac)          (30 ac)                                                     (45 ac)                                 (8705 ac)           (19,910 ac)
San Bernardino.................  1,130 ha             80 ha                0                 925 ha               540 ha              0                   4,010 ha            6,685 ha
                                 (2,790 ac)           (200 ac)                               (2,290 ac)           (1,330 ac)                              (9,910 ac)          (16,520 ac)
Riverside......................  970 ha               620 ha               0                 0                    90 ha               155 ha              4,360 ha            6,195 ha
                                 (2,400 ac)           (1,530 ac)                                                  (220 ac)            (390 ac)            (10,785 ac)         (15,325 ac)
Orange.........................  325 ha               0                    0                 30 ha                1,090 ha            0                   3,375 ha            4,820 ha
                                 (815 ac)                                                    (75 ac)              (2,700 ac)                              (8,330 ac)          (11,920 ac)
San Diego......................  5,745 ha             230 ha               345 ha            1,325 ha             2380 ha             1,565 ha            23,290 ha           34,880 ha
                                 (14,190 ac)          (575 ac)             (860 ac)          (3,270 ac)           (5870 ac)           (3,870 ac)          (57,570 ac)         (86,205 ac)
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total......................  20,170 ha            940 ha               345 ha            5,180 ha             4120 ha             1,720 ha            41,305 ha           73,780 ha
                                 (49,855 ac)          (2,335 ac)           (860 ac)          (12,805 ac)          (10,165 ac)         (4,260 ac)          (102,080 ac)        (182,360 ac)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 9421]]

    Critical habitat includes arroyo toad habitat throughout the 
species' range in the United States (i.e., Monterey, Santa Barbara, 
Ventura, Los Angeles, Riverside, San Bernardino, Orange, and San Diego 
Counties, California). Lands designated are under private, local 
agency, county, State, Tribal, and Federal ownership. Lands designated 
as critical habitat have been divided into 22 Critical Habitat Units. A 
brief description of each unit, and reasons why they are essential for 
the conservation of the arroyo toad, are presented below. The units are 
generally based on geographically distinct river basins. In several 
instances, a river basin has been broken into two or more units based 
on human or natural landscape features that effectively separate 
portions of the basin (e.g., a large reservoir or gorge). Based on 
observations recorded since 1985, each of these units is now occupied 
by arroyo toads.
    Jennings and Hayes (1994) estimate that arroyo toads have lost 76 
percent of their historic habitat. Although the linear measure of 
historically occupied streams may not be four times what is currently 
occupied, it is clear from museum records and data on extant 
populations that the habitats capable of supporting large numbers of 
arroyo toads have decreased dramatically in the last 100 years. The 
reaches that typically support or historically supported the highest 
densities of toads are those in the lower and middle portions of river 
basins, typically associated with third order or larger streams. Many 
of those reaches have been lost to or degraded by urban development, 
intensive agriculture, water diversions, sand and gravel mining 
operations, and reservoirs. For these reasons, we believe all of the 
areas we are designating may require special management considerations 
or protection.

Northern Recovery Unit

    The following seven critical habitat units are located in the 
Northern Recovery Unit for the arroyo toad, as discussed in the final 
recovery plan. Most of the lands are Federally owned, and management 
needs are being addressed through the section 7 consultation process 
and the development of management plans and conservation strategies. 
Because the remaining toad populations have been reduced in size, and 
the habitat fragmented by road construction, dams, agriculture, and 
urbanization, it is essential to protect them to reduce further loss of 
genetic diversity and safeguard against the loss of any one population 
due to random natural or human-caused events.

Unit 1: San Antonio River, Monterey County

    Unit 1 consists of the San Antonio River and adjacent uplands, from 
about 3 km (2 mi) upstream of the confluence with Mission Creek 
downstream to San Antonio Reservoir, a distance of about 27 km (17 mi), 
and includes portions of Mission Creek and other tributaries. The unit 
encompasses approximately 2,920 ha (7,220 ac), more than 99 percent of 
which is on the Fort Hunter Liggett Military Reservation. This is the 
northernmost known population of arroyo toads and is approximately 160 
km (100 mi) north of the nearest documented extant population. The 
protection and recovery of this area are essential to maintain the 
complete genetic variability of the species and the full range of 
ecological settings within which it is found.

Unit 2: Sisquoc River, Santa Barbara County

    Unit 2 consists of 44 km (27 mi) of the Sisquoc River and adjacent 
uplands, from Sycamore Campground downstream to just below the 
confluence with La Brea Creek. The unit encompasses approximately 3,385 
ha (8,360 ac), of which 56 percent is private land and 43 percent is 
within the Los Padres National Forest. Upper stretches of the river are 
within the National Forest and mostly within the San Rafael Wilderness 
Area. Below the National Forest boundary, the river and adjacent 
uplands are on private lands. This long, unregulated stream is occupied 
arroyo toad habitat and is one of the few remaining major rivers in 
southern California with a natural flow regime. This area is essential 
to maintaining genetic diversity of the species. The protection of this 
population is essential as it is a core population. Arroyo toads from 
this population may be a suitable source for the reestablishment of 
populations outside critical habitat on the upper Salinas River, if 
appropriate habitat can be identified and protected.

Unit 3: Upper Santa Ynez River Basin, Santa Barbara County

    Unit 3 is located upstream of Gibraltar Reservoir and incorporates 
portions of the upper Santa Ynez River, Indian Creek, Mono Creek, and 
adjacent uplands. The unit encompasses approximately 2,395 ha (5,910 
ac) within the boundaries of Los Padres National Forest; 81 percent is 
on National Forest lands and 19 percent is on private inholdings. 
Designated portions of the upper Santa Ynez River extend 16 km (10 mi) 
from Jameson Reservoir downstream to Gibraltar Reservoir. Indian Creek 
is designated from the Buckthorn Creek confluence down to the Mono 
Debris Dam, a distance of 8 km (5 mi). Mono Creek and associated 
uplands are designated for 12 km (7.5 mi) from the first unnamed stream 
below The Narrows to its confluence with the Santa Ynez River. This 
area is essential to maintaining genetic diversity of the species. A 
substantial and well-studied arroyo toad population occurs in this area 
(Sweet 1992, 1993). It is likely the remnant of a much larger 
population that historically extended downstream below what is now Lake 
Cachuma and upstream into the area occupied by Jameson Reservoir. This 
area has favorable habitat conditions for population expansion and 
persistence; with the reduction of threats through management, this 
area should support a larger arroyo toad population.

Unit 4: Sespe Creek, Ventura County

    Unit 4 includes 35 km (22 mi) of Sespe Creek and adjacent uplands, 
from the lower end of Sespe Gorge (elevation approximately 1,075 m 
(3,530 ft)) downstream to the confluence with Alder Creek. The unit 
encompasses approximately 2,340 ha (5,800 ac), of which 94 percent is 
on the Los Padres National Forest and the remainder is in private 
inholdings. A substantial arroyo toad population occurs in this unit 
(Service 1999) along an undammed stream in a watershed that is 
predominately National Forest land. This area is essential to 
maintaining genetic diversity of the species. It is a core population 
that can be expanded with appropriate management. In all likelihood, 
arroyo toad populations in units 4, 5, and 6 historically were part of 
a large Santa Clara River Basin metapopulation. Ecologically, these 
units provided a link between the more coastal populations on the 
Sisquoc and Santa Ynez rivers, and populations in the Desert Recovery 
Unit. Substantial barriers to toad movement now exist between these 
units, including dams, agriculture, and urban development.

Unit 5: Piru Creek, Ventura and Los Angeles counties

    Unit 5 includes Piru Creek and adjacent uplands from the confluence 
with Lockwood Creek downstream to Pyramid Reservoir (Subunit 5a), and 
from Pyramid Dam downstream to Lake Piru (Subunit 5b). Subunit 5b also 
includes Agua Blanca Creek from Devil's Gateway downstream to the 
confluence with Piru Creek. The unit

[[Page 9422]]

encompasses approximately 2,975 ha (7,345 ac), 92 percent of which is 
within the Los Padres and Angeles National Forests, with the remaining 
on private inholdings. A substantial arroyo toad population occurs in 
this unit (Service 1999), although much of the historical arroyo toad 
habitat in the area is now inundated by the two reservoirs, this 
population should expand and become more stable, with appropriate 
management. Protection and recovery of this population is essential to 
maintain the range of ecological settings from the coast to the desert.

Unit 6: Upper Santa Clara River Basin, Los Angeles County

    Unit 6 includes portions of Castaic and San Francisquito Creeks and 
adjacent uplands. The unit encompasses approximately 3,360 ha (8,305 
ac), of which 68 percent is private land and 30 percent is within the 
Angeles National Forest. Subunit 6a includes Castaic Creek from Bear 
Canyon downstream to Castaic Lake and Fish Creek from Cienaga Spring to 
the confluence with Castaic Creek. Subunit 6b includes Castaic Creek 
below Castaic Lake to the confluence with the Santa Clara River. 
Subunit 6c includes San Francisquito Creek from Bee Canyon to the 
southern end of section 34 in township 5 N, range 16 W. Arroyo toads 
are found on Castaic Creek both above and below the reservoir, and 
recent surveys have found evidence of the species on San Francisquito 
Creek. The arroyo toad population on Castaic has expanded in recent 
years with changes in management, and San Francisquito Creek offers an 
excellent opportunity for further expansion. With appropriate 
management of nonnative plants and animals and habitat rehabilitation, 
the stability of the Upper Santa Clara River basin arroyo toad 
population should increase substantially. The Santa Clara River, as 
managed under the Natural River Management Plan (Valencia Company 1998) 
and associated conservation easements, is essential because it serves 
as a dispersal corridor for arroyo toads between Castaic Creek and San 
Francisquito Creek. This is the easternmost population in the Northern 
Recovery Unit, and as such provides the final link in the range of 
ecological settings for this recovery unit.

Unit 7: Upper Los Angeles River Basin, Los Angeles County

    Unit 7 includes portions of Big Tujunga, Mill, Alder, and Arroyo 
Seco creeks, and adjacent uplands. The unit encompasses approximately 
3,225 ha (7,970 ac), of which 62 percent is within the Angeles National 
Forest and 38 percent is private land. Subunit 7a includes 19 km (11.8 
mi) of Big Tujunga Creek from below Big Tujunga Dam downstream to 
Hansen Lake. Subunit 7b encompasses: (1) approximately 13 km (8 mi) of 
upper Big Tujunga Creek from immediately above Big Tujunga Reservoir 
upstream to 2 km (1.2 mi) above the confluence with Alder Creek, (2) 
almost 6 km (3.7 mi) of Mill Creek from the Monte Cristo Creek 
confluence downstream to Big Tujunga Creek, and (3) 3 km (1.9 mi) of 
Alder Creek from the Mule Fork confluence downstream to Big Tujunga 
Creek. Subunit 7c includes 9.5 km (6 mi) Arroyo Seco Creek from the 
Long Canyon confluence downstream to the upper end of Devil's Gate 
Reservoir.
    Arroyo toads have recently been documented (in the last 5 years) in 
each of these drainages and, collectively, they represent the only 
significant known population remaining in the coastal foothills of the 
San Gabriel Mountains. This unit is essential primarily because it is 
occupied and contains favorable habitat conditions for major population 
increases, particularly if the timing of water releases from Big 
Tujunga Dam can be adjusted to restore the seasonal habitat conditions 
necessary for successful arroyo toad breeding. In addition, populations 
in Alder, Mill, and Arroyo Seco creeks extend into high-elevation 
environments that are atypical for the arroyo toad and may be important 
to maintaining genetic diversity.

Southern Recovery Unit

    The following 12 critical habitat units are located in the Southern 
Recovery Unit for the arroyo toad, as discussed in the final recovery 
plan. Arroyo toads probably occurred in and along the coastal plain 
portions of all the streams in this unit, but are now found on the 
coastal plain only in units 8, 10, 11, and 12.

Unit 8: Santiago Creek, Orange County

    Unit 8 is located just above Irvine Lake where Black Star, Baker, 
and Silverado creeks join Santiago Creek. The unit encompasses 
approximately 500 ha (1,235 ac), 99 percent of which is private land; 
the remainder is within the Cleveland National Forest. A 3 km (1.9 mi) 
stretch of Black Star Creek and associated uplands are designated from 
near the southwest corner of Section 30 (T4S, R7W) downstream to 
Santiago Creek. A 3.5 km (2.2 mi) stretch of lower Baker Canyon is also 
included, as is approximately 1 km of Santiago Creek. This unit is 
predominantly within the North Ranch Policy Plan Area within the Orange 
County Central-Coastal NCCP/HCP. As discussed in more detail below, 
there is not yet an approved Implementing Agreement or section 10 
(a)(1)(B) permit for the take of arroyo toads in the North Ranch Policy 
Plan Area, so we are including it in this final critical habitat 
designation. As an artifact of the mapping unit size used to designate 
critical habitat for the arroyo toad within the North Ranch Policy Plan 
area, a small portion of the Orange County Central-Coastal NCCP/HCP 
where take of the arroyo toad has been authorized is within the 
boundaries of this critical habitat unit. However, due to the 
conservation assurances and take authorization provided for the arroyo 
toad in this portion of the critical habitat unit, we hereby exclude it 
from designation as critical habitat.
    With the current status of arroyo toads in this unit is poorly 
known, they were observed in lower Baker Canyon in 1985 (Robert Fisher, 
USGS, pers. comm. 1999). Surveys performed along Santiago Creek in 1997 
failed to detect arroyo toads (Harmsworth Associates 1998), and 
reportedly no arroyo toads were detected during year 2000 surveys of 
Irvine Company land within this unit (Adrian Wolf, pers. comm. 2000). 
However, high-quality habitat still exists in this area (e.g., Baker 
Canyon) that likely was not covered in recent survey efforts.
    Unit 8 is considered essential because habitat conditions are 
favorable for population expansion and long-term persistence. 
Maintaining a population in this unit should also enhance the viability 
of the larger arroyo toad metapopulation that extends across the lower 
slopes of the Santa Ana Mountains from Santiago Creek to San Mateo 
Creek (crossing into Units 10 and 11). We think there are opportunities 
for movement of individuals between occupied drainages in this area, 
which would positively influence populations in each drainage.

Unit 9: San Jacinto River and Bautista Creek, Riverside County

    Unit 9 includes portions of the San Jacinto River, Indian Creek, 
Bautista Creek, and adjacent uplands, east of the town of Hemet. The 
unit encompasses approximately 1,710 ha (4,220 ac), of which 60 percent 
is private land, 22 percent is within the San Bernardino National 
Forest, 9 percent is within the Soboba Indian Reservation, and the 
remaining 9 percent is on other Federal or State owned lands. Subunit 
9a covers 11 km (6.8 mi) of the San Jacinto River from the Sand Canyon 
confluence downstream to just below the confluence with Indian Creek 
and also includes the lower 1 km (0.6 mi) of

[[Page 9423]]

Indian Creek. Subunit 9b covers 11 km (6.8 mi) of Bautista Creek from 
near the middle of section 20 (T6S, R2E) downstream to near the middle 
of section 27 (T5S, R1E), where the stream enters a debris basin. In 
the proposal, we stated that while the current status of arroyo toads 
in this unit is poorly known, there are historic records from the 1970s 
and high quality habitat still exists in the area. Surveys conducted in 
the summer of 2000 confirmed the existence of arroyo toad populations 
on Bautista Creek (Lisa Lyren, USGS, in litt. 2000) and the San Jacinto 
River (Brock Ortega, Dudek & Associates, pers. comm. 2000) within the 
San Bernardino National Forest. These populations likely extend 
downstream onto private and tribal lands.
    Approximately 155 ha (390 ac) of the Soboba Indian Reservation are 
included in this unit. High quality arroyo toad habitat exists within 
the reservation along lower Indian Creek to its confluence with the San 
Jacinto River. It is important to maintaining the integrity of the 
unit. Unit 9 is essential for arroyo toad conservation because it is 
occupied habitat with favorable conditions for population persistence 
in an area that is on the southeastern periphery of the species range. 
Decidedly isolated from other known populations, this is a substantial 
patch of suitable habitat which supports a population that is important 
for genetic diversity and has a high likelyhood of persistence.

Unit 10: San Juan and Trabuco Creeks, Orange and Riverside counties

    Unit 10 includes portions of San Juan Creek, Bell Canyon, Trabuco 
Creek, and adjacent uplands. The unit encompasses approximately 3,745 
ha (9,270 ac), of which 56 percent is private land, 29 percent is 
Orange County park land (Caspers Wilderness Park and O'Neill Regional 
Park), and 15 percent is on the Cleveland National Forest. Subunit 10a 
covers approximately 30 km (18.6 mi) of San Juan Creek from the bottom 
of Decker Canyon downstream to Interstate 5 and includes about 4 km 
(2.5 mi) of Bell Canyon from just below Crow Canyon downstream to the 
confluence with San Juan Creek. Subunit 10b covers approximately 8 km 
(5 mi) of Trabuco Creek from Falls Canyon downstream to the lower end 
of O'Neill County Park.
    San Juan and Bell creeks are essential for conservation of the 
arroyo toad because they support a large core population, which is 
concentrated within Caspers Wilderness Park and private lands 
downstream (P. Bloom, in litt.). The designated stretch of Trabuco 
Creek is considered essential because it is currently occupied by 
arroyo toads (D. Holland, pers. comm.) and conditions there are 
favorable for population persistence. A population in this area should 
also help maintain connectivity between toads in Santiago Creek to the 
north and Bell Canyon to the south.

Unit 11: San Mateo Basin, San Diego and Orange counties

    Unit 11 includes portions of San Mateo, Christianitos, Talega, 
Gabino, and La Paz creeks, and adjacent uplands. The unit encompasses 
approximately 1,820 ha (4,495 ac), of which 54 percent is within 
portions of the Camp Pendleton Marine Corps Base that are leased to 
outside parties for other land uses (i.e. San Onofre State Park and 
agricultural lands) and 43 percent is on private land. Portions of Camp 
Pendleton outside of the leased lands are excluded. Two disjunct 
sections of San Mateo Creek are included: Subunit 11b covers 
approximately 2 km (1.2 mi) within the Cleveland National Forest near 
Devils Canyon, and subunit 11a extends about 5 km (3.1 mi) from the 
Christianitos Creek confluence downstream to just below Interstate 5. 
Portions of Christianitos Creek are designated from just above Gabino 
Creek downstream to the confluence with San Mateo Creek. Approximately 
5 km (3.1 mi) of Gabino Creek upstream from its confluence with 
Christianitos Creek are designated, including about 1 km (0.6 mi) of La 
Paz Creek. The unit also includes approximately 7 km (4.4 mi) of Talega 
Creek upstream from its confluence with Christianitos Creek and beyond 
the boundaries of Camp Pendleton.
    San Mateo and Christianitos creeks support large core populations 
(Holland and Goodman 1998) and are essential to conservation of the 
species. An unusual and potentially important aspect of this unit is 
its close proximity to the coast. Historically, there were probably 
many near-coast populations, but few remain due to extensive 
urbanization and river channelization. Distinctive climatic conditions 
near the coast may provide different selective pressures on toads in 
this area, potentially favoring specific genetic characteristics.

Unit 12: Lower Santa Margarita River, San Diego County

    Unit 12 includes approximately 20 km (12.4 mi) of the Santa 
Margarita River and adjacent uplands, from the lower end of Temecula 
Canyon to the boundary of Camp Pendleton (Subunit 12b) and almost 4 km 
of De Luz Creek from the town of De Luz to the boundary of Camp 
Pendleton (Subunit 12A). The unit encompasses approximately 1245 ha 
(3075 ac), of which 30 percent is within the Fallbrook Naval Weapons 
Station and 70 percent is on private land. Land within the Camp 
Pendleton Marine Corps Base is excluded from this unit (see Discussion 
in Exclusion Under Section 4(b)(2)).
    Recent surveys of the Santa Margarita River and De Luz Creek 
immediately downstream of this unit have documented what is probably 
the largest known population of arroyo toads (Holland and Goodman 
1998). Portions of these drainages within this unit are also occupied 
and considered essential because they supplement and adjoin the large 
population on Camp Pendleton and potentially provide connectivity to 
populations in the upper Santa Margarita River basin.

Unit 13: Upper Santa Margarita River Basin, Riverside and San Diego 
counties

    Unit 13 is located above Vail Lake and includes portions of 
Temecula Creek, Wilson Creek, Arroyo Seco Creek, and adjacent uplands. 
The unit encompasses approximately 4,695 ha (11,610 ac), of which 89 
percent is private land and 10 percent is within the Cleveland National 
Forest. Approximately 25 km (15.5 mi) of Temecula Creek are designated 
from Dodge Valley downstream to Vail Lake. The unit also includes 6 km 
(3.7 mi) of Wilson Creek from Lancaster Valley down to Vail Lake and 11 
km (6.8 mi) of Arroyo Seco Creek from Crosley Homestead down to Vail 
Lake.
    The broad, flat alluvial valleys found in this unit contain high-
quality habitat for arroyo toads. The unit is essential because there 
are documented occurrences in Temecula, Wilson, and Arroyo Seco creeks, 
and habitat conditions are favorable for population expansion and long-
term persistence.

Unit 14: Lower and Middle San Luis Rey River Basin, San Diego 
County

    Unit 14 includes portions of the San Luis Rey River below Lake 
Henshaw and adjacent uplands, and includes sections of Pala and Keys 
creeks. The unit encompasses approximately 7,470 ha (18,455 ac), of 
which 79 percent is private land and 18 percent is Tribal land. 
Approximately 48 km (30 mi) of the San Luis Rey River are designated 
from the western edge of the La Jolla Indian Reservation downstream to 
the confluence with Guajome Creek near the city of Oceanside. It also 
includes approximately 5.5 km (3.4 mi) of Pala Creek and 2.7 km (1.7 
mi) of Keys Creek

[[Page 9424]]

upstream from the confluence with the San Luis Rey River.
    This long, low-elevation (all below 305 m (1,000 ft) in elevation) 
unit, situated in a broad, flat valley, is essential to arroyo toad 
conservation because it supports a large core population that, provided 
threat factors can be addressed, is capable of long-term persistence. 
Some of the best arroyo toad habitat in this unit occurs within the 
Pala and Rincon Indian Reservations.
    The San Luis Rey River provides important high quality habitat for 
the arroyo toad. However, intensive urbanization and agriculture near 
the coast, and dams and water diversions in the upper end, have reduced 
habitat quality in the upper and lower portions of this unit. 
Approximately 18 percent of the identified remaining suitable habitat 
along the San Luis Rey is on Tribal land. The Pala and Rincon 
Reservations support broad alluvial floodplains that contain high 
quality habitat and recent surveys have documented a substantial arroyo 
toad concentration on both reservations. If habitats on these 
reservations are lost, the remaining population would be highly 
fragmented and vulnerable to extirpation.

Unit 15: Upper San Luis Rey Basin, San Diego County

    Unit 15 includes the upper San Luis Rey River above Lake Henshaw, 
two of its headwater tributaries, and adjacent uplands. The unit 
encompasses approximately 4,525 ha (11,180 ac), of which 80 percent is 
private land and 20 percent is within the Cleveland National Forest. 
This unit consists of two subunits. Subunit 15a covers almost 14 km 
(8.7 mi) of the upper San Luis Rey River from the Indian Flats area 
downstream to the upper end of Lake Henshaw and includes about 12.5 km 
(7.8 mi) of Agua Caliente Creek from the western edge of section 13 
(T10S, R3E) to the confluence with the San Luis Rey. Subunit 15b 
includes approximately 2.5 km (1.6 mi) of the West Fork of the San Luis 
Rey River where it runs through Barker Valley. Arroyo toads occur in 
each of these drainages, with the largest concentration found along 
Agua Caliente Creek.
    This unit is essential because it contains a unique assemblage of 
several small, disjunct, high-elevation populations and one large, core 
population (on Agua Caliente Creek) in an area where in-stream and/or 
overland dispersal between populations is probably still possible.

Unit 16: Santa Ysabel Creek, San Diego County

    Unit 16 includes portions of Santa Ysabel Creek and adjacent 
uplands, and includes portions of Santa Maria Creek, Guejito Creek, and 
Temescal Creek (Pamo Valley). The unit encompasses approximately 4,670 
ha (11,545 ac), of which 87 percent is private land and 11 percent is 
within the Cleveland National Forest. The unit consists of three 
subunits. Subunit 16a includes approximately 13 km (8 mi) of Santa 
Ysabel Creek and adjacent uplands from Sutherland Reservoir downstream 
to the western boundary of the Cleveland National Forest near Boden 
Canyon (which is the eastern boundary of the San Diego MSCP area). 
Subunit 16a also includes approximately 7 km (4.3 mi) of Temescal Creek 
from the northern edge of Pamo Valley to the confluence with Santa 
Ysabel Creek. Subunit 16b includes approximately 12 km (7.5 mi) of 
Guejito Creek from the 610 m (2,000 ft) elevation contour downstream to 
the San Diego MSCP boundary near San Pasqual Valley. Subunit 16c covers 
approximately 10 km (6 mi) of Santa Maria Creek from the west side of 
Ramona to the San Diego MSCP boundary near San Pasqual Valley.
    All of the drainages included in this unit are occupied by arroyo 
toads, and a large population exists along Temescal and Santa Ysabel 
creeks within Pamo Valley. This unit is essential to arroyo toad 
conservation because it supports a large core population and contains 
several additional populations that can remain viable and 
interconnected. This unit also provides an important linkage and 
genetic interchange with a core arroyo toad population in San Pasqual 
Valley, within the San Diego MSCP area.

Unit 17: San Diego River/San Vicente Creek, San Diego County

    Unit 17 includes portions of the San Diego River and San Vicente 
Creek and adjacent uplands. The unit encompasses approximately 1,595 ha 
(3,935 ac), of which 75 percent is private land, 17 percent is within 
the Cleveland National Forest, and 6 percent is Tribal land. The unit 
is broken into four subunits--three disjunct sections of the San Diego 
River and one section of San Vicente Creek. Subunit 17a includes 
approximately 8 km (5 mi) of the San Diego River from Ritchie Creek 
downstream to the upper edge of El Capitan Reservoir and approximately 
1 km (0.6 mi) of lower Cedar Creek. Subunit 17b includes 1.5 km (0.9 
mi) of the San Diego River from El Capitan Reservoir to El Monte County 
Park. Subunit 17c covers almost 7 km (4.3 mi) of the San Diego River 
from approximately 2 km (1.2 mi) below El Monte County Park downstream 
to the confluence with San Vicente Creek. Subunit 17d includes 3.9 km 
(2.4 mi) of San Vicente Creek from the west side of San Diego Country 
Estates downstream to where the creek crosses Wildcat Canyon Road (the 
MSCP area boundary).
    The upper San Diego River and San Vicente Creek are both occupied 
by arroyo toads. This unit is essential to arroyo toad conservation 
because it encompasses several significant populations and includes 
suitable habitat for population expansion, which increases the 
probability of long-term persistence. It also provides an important 
linkage to populations occurring within the San Diego MSCP area. 
Approximately 100 ha (245 ac) of the Capitan Grande Indian Reservation 
at the upper end of El Capitan Reservoir are included in this unit. 
High quality riparian and alluvial terrace habitats occur within the 
Reservation and they are important portions of the unit.

Unit 18: Sweetwater River Basin, San Diego County

    Unit 18 includes portions of the Sweetwater River, Peterson Canyon, 
Viejas Creek, and adjacent uplands. The unit encompasses approximately 
5,065 ha (12,540 ac), of which 55 percent is private land, 22 percent 
is on California State Park land, 13 percent is within the Cleveland 
National Forest, and 7 percent is on the San Diego National Wildlife 
Refuge. The unit is broken into four subunits--three disjunct sections 
of the Sweetwater River and one section of Viejas Creek. Subunit 18a 
covers approximately 32 km (20 mi) of the Sweetwater River from the top 
of Upper Green Valley in Cuyamaca Rancho State Park downstream to the 
San Diego MSCP area boundary. Subunit 18b includes approximately 1.2 km 
(0.7 mi) of the Sweetwater River between the MSCP boundary and Loveland 
Reservoir and 2.4 km (1.5 mi) of Peterson Canyon from just east of the 
Taylor Creek confluence downstream to the top of Loveland Reservoir. 
Subunit 18c encompasses approximately 26 km (16 mi) of the Sweetwater 
River, within the MSCP boundary, from immediately below Loveland Dam 
downstream to the upper edge of Sweetwater Reservoir. Subunit 18d 
covers 3.2 km (2 mi) of Viejas Creek and associated uplands from the 
western end of Viejas Valley downstream to the Congressional boundary 
of the Cleveland National Forest (which is the eastern boundary of the 
San Diego MSCP area).

[[Page 9425]]

    The unit is essential to arroyo toad conservation because it 
supports several significant populations that can remain viable, and 
hopefully interconnected, over the long-term, provided suitable habitat 
conditions are maintained. The unit includes approximately 30 ha (80 
ac) of the Viejas Indian Reservation along its southwestern boundary, 
and 40 ha (100 ac) on the south side of the Sycuan Indian Reservation. 
High quality riparian and alluvial terrace habitats occur along Viejas 
Creek (Viejas Reservation) and the lower part of Sycuan Creek (Sycuan 
Reservation) .

Unit 19: Cottonwood Creek Basin, San Diego County

    Unit 19 includes portions of Cottonwood Creek, adjacent uplands, 
and portions of the following tributaries: Potrero Creek, Pine Valley 
Creek, Scove Canyon, Morena Creek, La Posta Creek, and Kitchen Creek. 
This large unit encompasses approximately 7,990 ha (19,740 ac), of 
which 41 percent is within the Cleveland National Forest, 46 percent is 
private land, and 11 percent is on land owned by San Diego County. The 
unit consists of four disjunct subunits--two sections of Cottonwood 
Creek and two sections of Pine Valley Creek. Subunit 19a covers 13 km 
(8 mi) of Cottonwood Creek from Buckman Springs (near Interstate 8) 
downstream to Morena Reservoir and includes approximately 6 km (3.7 mi) 
of La Posta Creek, 6 km (3.7 mi) of Morena Creek, and 2.5 km (1.6 mi) 
of Kitchen Creek. Subunit 19b covers almost 16 km (9.9 mi) of 
Cottonwood Creek from approximately 4 km (2.5 mi) below Morena 
Reservoir downstream to State Highway 94 (excluding Barrett Reservoir) 
and includes 15 km (9.3 mi) of Potrero Creek from approximately the 752 
m (2,466 ft) elevation benchmark downstream to the confluence with 
Cottonwood Creek. Subunit 19c covers about 12 km (7.5 mi) of Pine 
Valley Creek from the north edge of section 12 (T15S, R4E) downstream 
to approximately 1 km (0.6 mi) south of Interstate 8 and includes 
approximately 4 km (2.5 mi) of Scove Canyon and 1 km (0.6 mi) of Noble 
Creek. Subunit 19d encompasses 13 km (8 mi) of Pine Valley Creek from 
the Nelson Canyon confluence downstream to Barrett Reservoir.
    This unit encompasses a large number of distinct arroyo toad 
occurrences in an area where in-stream and/or overland dispersal 
between populations is probably still possible. It also provides an 
important linkage to populations occurring within the San Diego MSCP 
area. The unit is essential to arroyo toad conservation because it 
encompasses several large, populations and includes suitable habitat 
for population expansion, which increases the probability of long-term 
persistence.

Desert Recovery Unit

    The following four critical habitat units are in the Desert 
Recovery Unit as described in the final recovery plan. Each of these 
units is isolated from each other and from any other units, making the 
issues of inbreeding, fragmentation, and random negative impacts of 
great concern. However, this unit also represents unique ecological 
conditions for arroyo toads, and possibly harbor significant genetic 
diversity.

Unit 20: Little Rock Creek, Los Angeles County

    Unit 20 includes approximately 9.5 km (5.9 mi) of Little Rock Creek 
and adjacent uplands, from the South Fork confluence downstream to the 
upper end of Little Rock Reservoir (in the vicinity of Rocky Point 
Picnic Ground), and approximately 1.8 km (1.1 mi) of Santiago Creek and 
adjacent uplands upstream from the confluence with Little Rock Creek. 
The unit encompasses approximately 600 ha (1,480 ac), all of which is 
within the Angeles National Forest. Studies are currently under way to 
better determine the distribution of the arroyo toad population along 
the creek, monitor recruitment, and assess upland habitat use (Ramirez 
2000).
    Unit 20 is essential for arroyo toad conservation because it 
supports a unique, isolated population on the periphery of the species' 
range. If a natural hydrologic regime can be maintained and impacts 
from recreation activities can be minimized, the area has favorable 
habitat conditions for the persistence of a small, but viable, 
population.

Unit 21: Upper Mojave River Basin, San Bernardino County

    Unit 21 includes portions of the Mojave River, the West Fork of the 
Mojave River, Horsethief and Little Horsethief creeks, Deep Creek, and 
adjacent uplands. The unit encompasses approximately 6,685 ha (16,520 
ac), of which 17 percent is within the San Bernardino National Forest, 
60 percent is private land, 8 percent is State or local public land, 
and 14 percent is U.S. Army Corps of Engineers-managed land associated 
with a flood control reservoir. The unit is divided into three separate 
subunits. Subunit 21a includes: (1) approximately 18 km (9.3 mi) of 
Deep Creek from near Holcomb Creek downstream to the confluence with 
the West Fork, (2) approximately 6.5 km (4 mi) of Little Horsethief 
Creek from near the western edge of section 28 (T3N, R5W) downstream to 
the confluence with Horsethief Creek, (3) approximately 5.5 km (3.4 mi) 
of Horsethief Creek from the Little Horsethief Creek confluence 
downstream to the West Fork confluence, (4) just over 7 km (4.3 mi) of 
the West Fork of the Mojave River from the Horsethief Creek confluence 
downstream to Mojave River Forks Dam, and (5) approximately 4 km (2.5 
mi) of the Mojave River below Mojave River Forks Dam.
    Subunit 21b includes approximately 18 km (11 mi) of the Mojave 
River from just above the Upper Narrows (section 14, T5N, R4W) 
downstream to approximately 6 km (3.7 mi) below the Lower Narrows 
(section 13, T6N, R5W). Subunit 21c includes almost 3 km (1.9 mi) of 
the upper West Fork of the Mojave River, above Silverwood Lake, from 
near the 1462 m (3,613 ft) elevation benchmark downstream to the upper 
end of the lake.
    All of the designated drainages in this unit are occupied by arroyo 
toads. Summit Valley, which encompasses the lower portions of 
Horsethief Creek and the West Fork of the Mojave River, is a broad, 
flat, alluvial valley that supports a substantial arroyo toad 
population (Ramirez 1999).
    Unit 21 is essential to arroyo toad conservation because it 
supports the largest population of the species on the desert side of 
the mountains. If adequate streamflows and upland alluvial habitats can 
be maintained, this is the one desert unit that has favorable 
conditions for long-term persistence of a large toad population.

Unit 22: Whitewater River, Riverside County

    Unit 22 includes approximately 9.5 km (5.9 mi) of the Whitewater 
River and adjacent uplands, from near Red Dome downstream to where the 
Colorado River Aqueduct crosses the river (south half of section 2, 
T3S, R3E). The unit encompasses approximately 865 ha (2,150 ac), of 
which 62 percent is BLM land and 38 percent is private land. The 
current status of arroyo toads in this unit is poorly known. They were 
observed and photographed in the drainage in 1992 (Jennings and Hayes 
1994), but were not relocated in surveys conducted during the 2000 
breeding season (Jones & Stokes 2000). However, 2000 was generally a 
bad year for arroyo toad breeding activity, particularly in the 
southern half of the species range, because of below average 
precipitation and subsequent low streamflows. Given the relatively 
recent documentation of arroyo toads in this drainage, and the

[[Page 9426]]

continued presence of suitable habitat in the area, we belive it is 
likely that this unit is still occupied.
    Unit 22 is essential for arroyo toad conservation because it 
supports a unique, isolated desert population on the eastern periphery 
of the species' range. Also, if a natural hydrologic regime can be 
maintained and impacts from recreation activities can be minimized, the 
area has favorable habitat conditions for the persistence of a small, 
but viable, population.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out 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 proposed or designated. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act, requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a proposed species or result in 
destruction or adverse modification of proposed critical habitat. 
Conference reports provide conservation recommendations to assist the 
agency in eliminating conflicts that may be caused by the proposed 
action. The conservation recommendations in a conference report are 
advisory. 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 (action agency) 
must enter into consultation with us. Through this consultation, we 
would ensure that the permitted actions do not destroy or 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 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 conference 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 assist the agency in eliminating conflicts 
that may be caused by the proposed action, and may include 
recommendations on actions to eliminate conflicts with or adverse 
modifications to proposed critical habitat. 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 
an opinion that is prepared according to 50 CFR 402.14, as if critical 
habitat were designated. We may adopt the formal conference report as 
the biological opinion when the critical habitat is designated, if no 
substantial new information or changes in the action alter the content 
of the opinion (see 50 CFR 402.10(d)).
    Activities on Federal lands that may affect the arroyo toad 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 Army Corps under section 404 of the Clean Water 
Act, a section 10(a)(1)(B) permit from the Service, or some other 
Federal action, including funding (e.g., Federal Highway Administration 
or Federal Emergency Management Agency funding), 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 
and private lands that are not federally funded, authorized, 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 destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that may destroy or adversely modify critical 
habitat include those that appreciably reduce the value of critical 
habitat for both the survival and recovery of the arroyo toad. Within 
critical habitat, this pertains only to those areas containing primary 
constituent elements. We note that such activities may also jeopardize 
the continued existence of the species.
    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 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. Designation of critical habitat in 
areas occupied by the arroyo toad is not likely to result in a 
regulatory burden above that already in place due to the presence of 
the listed species.

[[Page 9427]]

    Federal agencies already consult with us 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 Army Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by any Federal agency;
    (3) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities on Federal lands (such as 
those managed by the Service, Forest Service, DOD, or BLM);
    (4) Regulation of grazing, mining, and recreation by the BLM, DOD, 
Army Corps, or Forest Service;
    (5) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (6) Military training and maneuvers, facilities operations and 
maintenance on Fort Hunter Liggett and other applicable DOD lands;
    (7) Construction of roads and fences along the international border 
with Mexico, and associated immigration enforcement activities by the 
Immigration and Naturalization Service (INS);
    (8) Licensing of construction of communication sites by the Federal 
Communications Commission; and,
    (9) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, Federal Emergency Management Agency, 
Federal Highway Administration, or any other Federal agency.
    All lands designated as critical habitat are within the geographic 
range of the species occupied by the species and are likely to be used 
by the arroyo toad, whether for foraging, breeding, growth of larvae 
and juveniles, intra-specific communication, dispersal, migration 
genetic exchange and sheltering. Thus, we consider all critical habitat 
units to be occupied by the species. Federal agencies already consult 
with us on activities in areas currently occupied by the species or if 
the species may be affected by the action to ensure that their actions 
do not jeopardize the continued existence of the species. Thus, we do 
not anticipate additional regulatory protection will result from 
critical habitat designation.

Exclusions Under Section 3(5)(A) Definition

    The Sikes Act Improvement Act of 1997 (Sikes Act) requires each 
military installation that includes land and water suitable for the 
conservation and management of natural resources to complete, by 
November 17, 2001, an Integrated Natural Resources Management Plan 
(INRMP). An INRMP integrates implementation of the military mission of 
the installation with stewardship of the natural resources found there. 
Each INRMP includes an assessment of the ecological needs on the 
installation, including the need to provide for the conservation of 
listed species; a statement of goals and priorities; a detailed 
description of management actions to be implemented to provide for 
these ecological needs; and a monitoring and adaptive management plan. 
We consult with the military on the development and implementation of 
INRMPs for installations with listed species. We believe that bases 
that have completed and approved INRMPs that address the needs of the 
species generally do not meet the definition of critical habitat 
discussed above, as they require no additional special management or 
protection.
    Therefore, we do not include these areas in critical habitat 
designations if they meet the following three criteria: (1) A current 
INRMP must be complete and provide a conservation benefit to the 
species; (2) the plan must provide assurances that the conservation 
management strategies will be implemented; and (3) the plan must 
provide assurances that the conservation management strategies will be 
effective, by providing for periodic monitoring and revisions as 
necessary. If all of these criteria are met, then the lands covered 
under the plan would not meet the definition of critical habitat. As 
the bases where we identified habitat essential for the conservation of 
the arroyo toad, including Marine Corps Base Camp Pendleton, Fallbrook 
Naval Weapons Reserve, and Fort Hunter Liggett, do not have INRMPs that 
meet the criteria, we did not exclude them under the section 3(5)(A) 
definition.

Exclusions Under Section 4(b)(2)

    Subsection 4(b)(2) of the Act allows us to exclude areas from 
critical habitat designation where the benefits of exclusion outweigh 
the benefits of designation, provided the exclusion will not result in 
the extinction of the species. For the following reasons, we believe 
that in most instances the benefits of excluding HCPs from critical 
habitat designations will outweigh the benefits of including them.

(1) Benefits of Inclusion

    The benefits of including HCP lands in critical habitat are 
normally small. The principal benefit of any designated critical 
habitat is that activities in such habitat that may affect it require 
consultation under section 7 of the Act. Such consultation would ensure 
that adequate protection is provided to avoid adverse modification of 
critical habitat. Where HCPs are in place, our experience indicates 
that this benefit is small or non-existent. Currently approved and 
permitted HCPs are already designed to ensure the long-term survival of 
covered species within the plan area. Where we have an approved HCP, 
lands that we ordinarily would define as critical habitat for the 
covered species will normally be protected in reserves and other 
conservation lands by the terms of the HCPs and their implementation 
agreements. These HCPs and implementation agreements include management 
measures and protections for conservation lands that are crafted to 
protect, restore, and enhance their value as habitat for covered 
species.
    In addition, an HCP application must itself be consulted upon. 
While this consultation will not look specifically at the issue of 
adverse modification of critical habitat, it will look at the very 
similar concept of jeopardy to the listed species in the plan area. 
Because HCPs, particularly large regional HCPs, address land use within 
the plan boundaries, habitat issues within the plan boundaries will 
have been thoroughly addressed in the HCP and through the consultation 
on the HCP. Our experience is also that, under most circumstances, 
consultations under the jeopardy standard will reach the same result as 
consultations under the adverse modification standard. Implementing 
regulations (50 CFR part 402) define ``jeopardize the continued 
existence of'' and ``destruction or adverse modification of'' in 
virtually identical terms. ``Jeopardize the continued existence of'' 
means to engage in an action ``that reasonably would be expected to 
reduce appreciably the likelihood of both the survival and recovery of 
a listed species.'' Destruction or adverse modification means an 
alteration that appreciably diminishes the value of critical habitat 
for both the survival and recovery of a listed species.'' Common to 
both definitions is an appreciable detrimental effect on both survival 
and recovery of a listed species, in the case of critical habitat by 
reducing the value of the habitat so designated. Thus, actions 
satisfying the standard for

[[Page 9428]]

adverse modification are nearly always found to also jeopardize the 
species concerned, and the existence of a critical habitat designation 
does not materially affect the outcome of consultation. Additional 
measures to protect the habitat from adverse modification are not 
likely to be required.
    Further, HCPs typically provide for greater conservation benefits 
to a covered species than section 7 consultations because HCPs assure 
the long term protection and management of a covered species and its 
habitat, and funding for such management through the standards found in 
the 5-Point Policy for HCPs (64 FR 35242) and the HCP No Surprises 
regulation (63 FR 8859). Such assurances are typically not provided by 
section 7 consultations which, in contrast to HCPs, often do not commit 
the project proponent to long term special management or protections. 
Thus, a consultation typically does not accord the lands it covers the 
extensive benefits an HCP provides.
    The development and implementation of HCPs provide other important 
conservation benefits, including the development of biological 
information to guide conservation efforts and assist in species 
recovery and the creation of innovative solutions to conserve species 
while allowing for development. The educational benefits of critical 
habitat, including informing the public of areas that are important for 
the long-term survival and conservation of the species, are essentially 
the same as those that would occur from the public notice and comment 
procedures required to establish an HCP, as well as the public 
participation that occurs in the development of many regional HCPs. For 
these reasons, then, we believe that designation of critical habitat 
has little benefit in areas covered by HCPs.

(2) Benefits of Exclusion

    The benefits of excluding HCPs from being designated as critical 
habitat may be more significant. During two public comment periods on 
our critical habitat policy, we received several comments about the 
additional regulatory and economic burden of designating critical 
habitat. These include the need for additional consultation with the 
Service and the need for additional surveys and information gathering 
to complete these consultations. HCP applicants have also stated that 
they are concerned that third parties may challenge HCPs on the basis 
that they result in adverse modification or destruction of critical 
habitat, should critical habitat be designated within the HCP 
boundaries.
    The benefits of excluding HCPs include relieving landowners, 
communities and counties of any additional minor regulatory review that 
might be imposed by critical habitat. Many HCPs, particularly large 
regional HCPs, take many years to develop and, upon completion, become 
regional conservation plans that are consistent with the recovery of 
covered species. Most regional plans benefit many species, both listed 
and unlisted. Imposing an additional regulatory review after HCP 
completion may jeopardize conservation efforts and partnerships in many 
areas and could be viewed as a disincentive to those developing HCPs. 
Excluding HCPs provides us with an opportunity to streamline regulatory 
compliance and confirms regulatory assurances for HCP participants.
    A related benefit of excluding HCPs is that it would encourage the 
continued development of partnerships with HCP participants, including 
states, local governments, conservation organizations, and private 
landowners, that together can implement conservation actions we would 
be unable to accomplish alone. By excluding areas covered by HCPs from 
critical habitat designation, we preserve these partnerships and, we 
believe, set the stage for more effective conservation actions in the 
future.
    In general, then, we believe the benefits of critical habitat 
designation to be small in areas covered by approved HCPs. We also 
believe that the benefits of excluding HCPs from designation are 
significant. Weighing the small benefits of inclusion against the 
benefits of exclusion, including the benefits of relieving property 
owners of an additional layer of approvals and regulation, together 
with the encouragement of conservation partnerships, would generally 
result in HCPs being excluded from critical habitat designation under 
Section 4(b)(2) of the Act.
    Not all HCPs are alike with regard to species coverage and design. 
Within this general analytical framework, we need to evaluate completed 
and legally operative HCPs in the range of the arroyo toad on a case-
by-case basis to determine whether the benefits of excluding these 
particular areas outweigh the benefits of including them.

Relationship to Habitat Conservation Plans

    Section 4(b)(2) of the Act allows us broad discretion to exclude 
from critical habitat designation areas where the benefits of exclusion 
outweigh the benefits of designation, provided the exclusion will not 
result in the extinction of the species. We expect that critical 
habitat may be used as a tool to identify those areas essential for the 
conservation of the species, and we will encourage development of 
Habitat Conservation Plans (HCPs) for such areas on non-Federal lands. 
Habitat conservation plans currently under development are intended to 
provide for protection and management of habitat areas essential for 
the conservation of the arroyo toad, while directing development and 
habitat modification to nonessential areas of lower habitat value.
    A number of habitat conservation planning efforts have been 
completed within the range of the arroyo toad. Principal among these 
are the NCCP/HCP efforts in San Diego and Orange counties. The San 
Diego MSCP, and its approved subarea plans, provide measures to 
conserve known populations of the arroyo toad within Santa Ysabel Creek 
in San Pasqual Valley, San Vicente Creek above San Vicente Reservoir, 
Sweetwater River, Otay River, and Cottonwood Creek in Marron Valley. 
Area-specific management directives for MSCP subarea plans must address 
the conservation of the arroyo toad by protecting and maintaining 
sufficient, suitable low-gradient sandy stream habitat to meet breeding 
requirements, preserving sheltering and foraging habitats within 1 km 
(0.6 mi) of occupied breeding habitat within designated preserve lands, 
controlling nonnative predators, and controlling human impacts within 
designated preserves. Several of these plans are currently under 
development, including ones for Marron and San Pasqual valleys.
    One exception to the HCP exclusion concerns the reach of the 
Sweetwater River between Loveland and Sweetwater Reservoirs within the 
County of San Diego's MSCP plan. This area is affected by activities 
(e.g., reservoir water transfers) that are outside the authority of 
and, therefore, are not subject to the approved County's MSCP plan. 
Therefore, we have included this limited reach of the Sweetwater River 
as critical habitat.
    We have also approved the Orange County Central Coastal NCCP/HCP, 
which will result in the conservation of 15,677 ha (38,738 ac) of 
Reserve lands, including habitat suitable for the arroyo toad. We 
issued an incidental take permit under section 10(a)(1)(B) of the Act 
that provides conditional incidental take authorization for the arroyo 
toad for all areas within the Central-Coastal Subregion except the 
North Ranch

[[Page 9429]]

Policy Plan area. This take authorization only applies to smaller 
arroyo toad populations, reintroduced populations or populations that 
have expanded due to NCCP Reserve management and requires 
implementation of a mitigation plan to relocate toads to protected 
areas within the Reserve.
    The North Ranch Policy Plan area was excluded from the take 
authorization provided by the Central Coastal NCCP/HCP due to a lack of 
detailed biological information and specific conservation commitments 
at the time of adoption of the NCCP/HCP. Further, the NCCP/HCP does not 
require future adoption of a management plan for the North Ranch Policy 
Plan area. We have determined that available arroyo toad habitat within 
the North Ranch Policy Plan area is essential to the conservation of 
the arroyo toad by helping to support a viable Santa Ana Mountain 
arroyo toad population. Because the NCCP/HCP affords no long term 
conservation commitments for this area, we have included a portion of 
the North Ranch Policy Plan area as critical habitat.
    The benefits of excluding lands covered by these HCPs would be 
significant in preserving positive relationships with our conservation 
partners, lessening potential additional regulatory review and 
potential economic burdens, reinforcing the regulatory assurances 
provided for in the implementation agreements for the approved HCPs, 
and providing for more established and cooperative partnerships for 
future conservation efforts.
    In summary, the benefits of including these HCPs in critical 
habitat for the arroyo toad include increased educational benefits and 
minor additional management protections and measures. The benefits of 
excluding HCPs from being designated as critical habitat for the arroyo 
toad include the additional conservation measures for the arroyo toad 
and other listed species, preservation of partnerships that may lead to 
future conservation, and the avoidance of the minor regulatory and 
economic burdens associated with the designation of critical habitat. 
The benefits of excluding these areas from critical habitat designation 
outweigh the benefits of including these areas. Furthermore, we have 
determined that these exclusions will not result in the extinction of 
the species. We have already completed section 7 consultation on the 
impacts of these HCPs on the species. We have determined that they will 
not jeopardize the continued existence of the species, which means that 
they will not appreciably reduce likelihood of the survival and 
recovery of the species. Consequently, these lands have not been 
designated as critical habitat for the arroyo toad.
    Habitat conservation plans currently under development are intended 
to provide for protection and management of habitat areas essential for 
the conservation of the arroyo toad, 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 arroyo toad. 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 proposed HCPs and proposed projects 
under section 7 will show that covered activities carried out in 
accordance with the provisions of the HCPs and biological opinions will 
not result in destruction or adverse modification of critical habitat.
    We will provide technical assistance and work closely with 
applicants throughout the development of future HCPs to identify lands 
essential for the long-term conservation of the arroyo toad and 
appropriate conservation and management actions. Several HCP efforts 
are currently under way that address listed and nonlisted species in 
areas within the range of the arroyo toad and in areas we propose as 
critical habitat. The take minimization and mitigation measures 
provided under these HCPs are expected to protect the essential habitat 
lands designated as critical habitat in this rule and provide for the 
conservation of the covered species. If an HCP that addresses the 
arroyo toad is ultimately approved, the Service will reassess the 
critical habitat boundaries in light of the HCP. The Service will seek 
to undertake this review when the HCP is approved, but funding 
constraints may influence the timing of such a review.
    During the public comment period for the proposal, Marine Corps 
Base Camp Pendleton (Camp Pendleton) submitted comments concluding that 
critical habitat designation on the base is unnecessary based on 
existing Marine Corps management plans that provide adequate special 
management and protection for the species. Arroyo toad numbers on Camp 
Pendleton are significant and are inclusive of the few remaining 
populations along the coastal plain. In light of these factors, we 
proposed 15,445 ha (38,150 ac) of the approximately 50,000 ha (125,000 
acre) base as critical habitat for the arroyo toad.
    Camp Pendleton's programmatic conservation plan for riparian and 
estuarine/beach ecosystems does not address arroyo toads in upland 
habitats. Moreover, the programmatic instructions and conservation 
measures in the plan need to be revised to avoid and minimize potential 
adverse effects to the arroyo toad. As the Service indicated in a 
letter dated February 9, 2000, these revisions include, ``but are not 
limited to, implementation of a base-wide non-native predatory species 
control program, removal of non-essential road crossings, modification 
of existing and new road crossings, removal of unnecessary structures 
and hardscape within arroyo toad breeding and non-breeding habitats, 
and guidelines on the use of toad exclusion fencing.'' To address 
endangered and threatened species issues within upland habitats on 
base, on March 30, 2000, at the request of the Marines, we initiated 
formal consultation with Camp Pendleton on their uplands activities. 
These activities include military training, maintenance, fire 
management, real estate, and recreation programs. Because of the 
immense complexity of dealing with a multitude of hard-to-define upland 
activities and numerous federally listed plants and animals, we expect 
completion of the consultation and issuance of our biological opinion 
to take several months to a year. Upon completion, this consultation 
will address the 93 percent of the base not included in our 1995 
opinion concerning the base's programmatic conservation plan for 
riparian and estuarine/beach ecosystems (U.S. Fish and Wildlife Service 
1995).
    The proposal included upland and riparian habitats within key 
training areas on Camp Pendleton that represent about 30 percent of the 
base. If this area is included in the final designation of critical 
habitat for the arroyo toad, the Marines would be compelled by their 
interpretation of the Endangered Species Act to significantly curtail 
necessary training within the area designated as critical habitat, to 
the detriment of mission-critical training capability, until the 
programmatic uplands consultation is concluded, up to a year from now. 
Avoiding areas

[[Page 9430]]

designated as critical habitat would greatly restrict use of the base, 
severely limiting the Camp Pendleton's utility as a Marine training 
site. The Marines have no alternative site suitable for the kinds of 
training that occur on the base.
    In contrast, the benefits of designating critical habitat on the 
base now are small. The primary benefit of designation is the 
prohibition on destruction or adverse modification of critical habitat 
under section 7 of the Act. However, we believe that section 7 
consultation on any proposed action on the base that would result in an 
adverse modification conclusion would also result in a jeopardy 
conclusion, and we are now engaged in formal consultation with the 
Marines on their activities in upland habitats on the Camp Pendleton. 
In addition, the Marines have a statutory obligation under the Sikes 
Act to complete an INRMP for Camp Pendleton about 10 months from now; 
we expect that, when completed and adopted, this INRMP will provide 
equal or greater protection to arroyo toad habitat on the base than a 
critical habitat designation.
    The INRMP for Camp Pendleton will be completed by the statutory 
deadline of November 17, 2001. We will consult with the Marines under 
section 7 of the Act on the development and implementation of the 
INRMP. Today, as neither the INRMP nor the programmatic uplands 
consultation have yet to be completed and approved, the lands proposed 
as arroyo toad critical habitat on the base still meet the definition 
of critical habitat. Nevertheless, we conclude that the benefits of 
excluding Camp Pendleton exceed the benefits of including the base in 
the critical habitat designation; further, we have determined that 
excluding the base will not result in the extinction of the arroyo 
toad, as numerous areas supporting arroyo toad populations remain 
within the final critical habitat designation and sections 7(a)(2) and 
9 still apply to the activities affecting arroyo toads on Camp 
Pendleton. Thus, we have determined that it is appropriate to exclude 
Camp Pendleton from this critical habitat designation under section 
4(b)(2). The main benefit of this exclusion is ensuring that the 
mission-critical military training activities can continue without 
interruption at Camp Pendleton while the INRMP and programmatic uplands 
consultation are being completed. This exclusion does not include that 
part of Camp Pendleton leased to the State of California and included 
within San Onofre State Park (including San Mateo Park) and those 
agricultural leased lands adjacent to San Mateo Creek. Because these 
lands are used minimally, if at all, by the Marines for training, the 
lands proposed within the state park and agricultural leases are 
retained in the final designation.
    Should additional information become available that changes our 
analysis of the benefits of excluding any of these (or other) areas 
compared to the benefits of including them in the critical habitat 
designation, we may revise this final designation accordingly. 
Similarly, if new information indicates any of these areas should not 
be included in the critical habitat designation because they no longer 
meet the definition of critical habitat, we may revise this final 
critical habitat designation. If, consistent with available funding and 
program priorities, we elect to revise this designation, we will do so 
through a subsequent rulemaking.
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, contact the Field 
Supervisor, Ventura or Carlsbad Fish and Wildlife Offices (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 NE. 11th Ave, Portland, OR 97232 (telephone 503/231-2063; facsimile 
503/231-6243).

Summary of Comments and Recommendations

    In the June 8, 2000, proposed rule, (65 FR 36512), we requested all 
interested parties to submit comments on the specifics of the proposal 
including information, policy, treatment of HCPs, and proposed critical 
habitat boundaries as provided in the proposed rule. The first comment 
period closed on August 7, 2000. The comment period was reopened from 
November 9 to December 11, 2000 (65 FR 67334), to allow for additional 
comments on the proposed rule and comments on the draft economic 
analysis of the proposed critical habitat. We entered comments received 
from August 8 to November 9, 2000, into the administrative record for 
the second comment period.
    We contacted appropriate Tribes, State and Federal agencies, county 
governments, elected officials, and other interested parties and 
invited them to comment. In addition, we invited public comment through 
the publication of notices in the following newspapers in southern 
California: Santa Maria Times, Los Angeles Times, Daily News-Press 
(Victorville), Orange County Register, The Press-Enterprise, North 
County Times, and the San Diego Union-Tribune. The inclusive dates of 
these publications were June 10 and 12, 2000, for all papers. In these 
notices and the proposed rule, we announced the dates and times of two 
public hearings that were to be held on the proposed rule. These 
hearings were in Valencia (June 27, 2000) and Temecula (June 29, 2000), 
California. Transcripts of these hearings are available for inspection 
(see ADDRESSES section).
    We requested five herpetologists and conservation biologists who 
have familiarity with the arroyo toad or related species and reserve 
design to peer review the proposed critical habitat designation. Two of 
the peer reviewers submitted comments on the proposed critical habitat 
designation.
    We received a total of 155 comments, 38 oral and 117 written, from 
131 commenters during the 2 comment periods. Of these comments, 12 of 
the commenters who submitted oral testimony also submitted duplicative 
or additional written comments, and 14 commenters submitted written 
material during both comment periods. In total, oral and written 
comments were received from 5 Federal agencies, 3 Tribes or their 
representatives, 2 State agencies, 19 local governments or their 
representatives, and 105 businesses, organizations or individuals. We 
reviewed all comments received for substantive issues and new data 
regarding critical habitat and the arroyo toad. Comments of a similar 
nature are grouped into 6 general categories relating specifically to 
the proposed critical habitat determination and draft economic analysis 
of the proposed determination. These are addressed in the following 
summary.

Issue 1: Comments on previous Federal actions, the Act and implementing 
regulations

    (1) Comment: There were several comments regarding the listing of 
the toad, the data on which the listing was based, and the lack of data 
cited in the critical habitat proposal documenting the habitat losses 
and threats.
    Service response: The purpose of this document is not to re-examine 
the data and threats on which the listing was based. Within the 
proposed rule, we provided information on the status of and threats to 
the toad to provide background for the critical habitat proposal. The 
losses and threats are documented in the rule to list the toad and in 
the recovery plan, and the supporting documentation is in the files at 
the Ventura and Carlsbad Fish and Wildlife Offices (see ADDRESSES 
section).
    (2) Comment: One commenter stated that, as the arroyo toad was only

[[Page 9431]]

recognized as a separate species in the 1980s (sic), it could not have 
lost 75 percent of its habitat in that time as there has been a net 
gain in wetlands during the 1990s.
    Service response: The original description of the arroyo toad as a 
separate species was made in 1915. At the time it was listed, we 
recognized it as a subspecies of the southwestern toad. Based on 
information discussed in the Background section we now know that the 
arroyo toad is a separate species. We have corrected the table to 
reflect this change. The arroyo toad has inhabited the coastal streams 
and rivers of California and Baja California del Norte, Mexico, for a 
long time. The habitat loss that it has suffered from dam construction 
over the past 70 years has been compounded in some portions of its 
range by agricultural activities and increased urbanization, both of 
which continue to place pressure on the remaining toad habitats. 
Although there may have been a net gain of wetlands in California in 
the 1990s, this was not in habitats used by arroyo toads, but in other 
types of systems, such as salt and fresh-water marshes, neither of 
which are suitable for arroyo toads.
    (3) Comment: One commenter stated that the Act expired in 1993 and 
no listings since then are valid, and that the Secretary has failed to 
promulgate regulations on listings and critical habitat designations. 
The commenter then claimed that no listings are valid, and as critical 
habitat can only be designated ``concurrently and after'' a species is 
listed, we can't designate critical habitat for the arroyo toad or any 
other species.
    Service response: We disagree. The Act remains in effect, even in 
the absence of a multi-year authorization, and Congress continues to 
appropriate funds to implement the administrative provisions of the Act 
in each year. Regulations on listing threatened and endangered species 
and on designating critical habitat are found at 50 CFR part 424, 
specifically at sections 424.11 and 424.12.
    (4) Comment: Several commenters stated that it is inappropriate or 
illegal to designate unoccupied areas as critical habitat.
    Service response: Section 3(5)(A) of the Act defines critical 
habitat for threatened and endangered species as specific areas both 
within and outside the geographical area occupied by the species at the 
time it is listed that are essential to the conservation of the 
species; this definition is reiterated in the Code of Federal 
Regulations (CFR) at 50 CFR 424.02(d). Thus the Act expressly 
authorizes the designation of both occupied and unoccupied habitat as 
critical habitat. In the Act, conservation is defined as the use of all 
methods and procedures needed to bring a species to the point at which 
the measures provided by the Act are no longer necessary. This process 
is also termed ``recovery.'' We have not designated any critical 
habitat units outside the geographical area currently or historically 
occupied by the species. In addition, all of the units designated as 
critical habitat contain areas of known arroyo toad occupancy. However, 
the extent of occupancy in each unit has not been fully determined.
    (5) Comment: One commenter stated that it is inappropriate to use a 
recovery standard to define critical habitat, thus the proposed 
designation is overly broad, contradictory to 1978 legislative history 
directives (of narrow application), and does not meet statutory 
standards.
    Service response: The Act defines critical habitat, in part, as 
areas on which are found those physical or biological features 
essential to the conservation of the species. Conservation is defined 
in the Act as the use of all methods and procedures needed to bring a 
species to the point at which the measures provided by the Act are no 
longer necessary, that is, to recover the species. The purpose of a 
recovery plan is to describe site-specific actions necessary to achieve 
conservation of listed species, criteria by which conservation can be 
measured (that is, recovery standards), and estimates of time and costs 
necessary to achieve recovery. In cases where recovery plans have been 
developed before critical habitat is designated, those plans can be 
very useful, as they identify the recovery criteria (standards) and the 
actions and habitats necessary to meet those criteria. Recovery plans 
also receive public and peer review. Therefore, we believe it is 
appropriate to use an approved recovery plan for determining areas for 
designation as critical habitat.
    (6) Comment: One commenter stated that, according to the Tenth 
Circuit Court of Appeals finding in Catron County Board of Commerce, 
New Mexico v. United States Fish and Wildlife Service, 75F.3d 1429 
(10th Cir 1996) (Catron v. FWS) we are required to prepare an 
environmental assessment or environmental impact statement before 
designating critical habitat.
    Service response: The commenter is correct, in that the Tenth 
Circuit Court of Appeals determined that an environmental assessment or 
environmental impact statement should be prepared before designating 
critical habitat. However, the finding in Catron v. FWS does not apply 
to California, which is in the Ninth Circuit. In making critical 
habitat determinations in California, we follow the Ninth Circuit Court 
of Appeals decision in Douglas County v. Babbitt, 48 F.3d 1495 (9th 
Cir. 1995). In that case the Court held that NEPA does not apply to the 
Secretary's decision to designate critical habitat for an endangered or 
threatened species under the ESA because (1) Congress intended that the 
ESA critical habitat procedures displace the NEPA requirements, (2) 
NEPA does not apply to actions that do not change the physical 
environment, and (3) to apply NEPA to the ESA would further the 
purposes of neither statute.
    (7) Comment: One commenter stated: ``Designating critical habitat 
triggers specific legal protections * * *'' and toads and habitat 
outside the 25 m (80 ft) elevational limit and 1.5 km distance would 
``be denied these protections.'' Another commenter referred to 
``restrictions imposed by critical habitat.''
    Service response: Critical habitat receives protection under 
section 7 of the Act only through the prohibition against destruction 
or adverse modification of critical habitat with regard to actions 
carried out, funded, or authorized by a Federal agency. 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 nexus, critical habitat designation does not afford any 
additional protections under the Act against such activities. On the 
other hand, it should also be understood that exclusion of an area from 
critical habitat does not mean that such habitat is unimportant or may 
not, in the future, be determined to be necessary for recovery for the 
species. Areas outside the critical habitat designation will continue 
to be subject to the regulatory protections afforded by the section 
7(a)(2) jeopardy standard and the section 9 take prohibitions, and such 
areas may also be the recipients of conservation actions implemented 
under sections 7(a)(1) and 10(a)(1). Section 7(a)(1) requires that 
Federal agencies contribute to the conservation of listed species, 
section 10(a)(1)(A) addresses recovery actions through research and 
Safe Harbor agreements, and section 10(a)(1)(B) covers incidental take 
permits issued in conjunction with approved HCPs.

[[Page 9432]]

Issue 2: Life history, habitat characteristics, and ecological 
considerations

    (8) Comment: We received several comments relative to the soils 
that toads use for burrowing or travel when migrating or dispersing. 
Some commenters stated that toads only use sandy or loamy sand soils; 
others stated that toads use compacted soils.
    Service response: The best available information documents that 
arroyo toads use sandy and loamy sand soils, as well as compacted 
soils, although in different ways. Data and information we have 
received since the publication of the proposal support our conclusion 
that toads primarily burrow in loose sandy or loamy sand soils and that 
areas of such soils are important habitat components in both the 
riparian and upland zones. Arroyo toads do cross other soil types 
during dispersal and migration, and, under suitable conditions, may 
burrow into these for shelter.
    (9) Comment: One commenter stated that grazing is not harmful to 
arroyo toads; intensive grazing is beneficial and should be encouraged, 
as the species needs open, nonvegetated sandy stream channels and 
terraces and wide-spread sedimentation due to overgrazing, and other 
agricultural activities will improve habitat for the toad.
    Service response: We agree that some properly managed grazing in 
riparian areas may be compatible with toad survival and conservation, 
but conclude that intensive grazing is detrimental to the conservation 
of the arroyo toad. It is well documented that intensive grazing of 
riparian areas degrades stream and riparian habitat, decreases water 
quality, and causes direct mortality of arroyo toads. The arroyo toad 
does need open stream channels and terraces, but it also requires some 
vegetation in which to hide. Excessive cover by non-native plant 
species such as arundo (giant reed) and tamarisk do not provide 
appropriate conditions for arroyo toad breeding and survival. 
Improperly managed grazing can denude stream banks and terraces 
entirely, leading to increased erosion, and thus siltation of the sandy 
substrate toads prefer; total removal of streamside vegetation also 
leaves toads no place in which to escape from predators, high 
temperatures, and other threats. The Service, other land mangers, and 
livestock owners can work together to establish appropriate management 
plans for arroyo toads and their habitat in areas where grazing does or 
is likely to occur.

Issue 3: Critical habitat and primary constituent elements 
descriptions, criteria, and methodology

    (10) Comment: One commenter stated that the language used to 
describe the primary constituent elements was ambiguous.
    Service response: The commenter referred specifically to the 
definition of primary constituent elements as contained in the Act, 
which are general in nature and provide a framework for determining 
what features and processes of the habitat are essential to provide for 
the conservation of a species. The primary constituent elements for the 
arroyo toad are identified in detail in both the proposal and this 
final rule.
    (11) Comment: One commenter requested that we clarify how habitat 
changes may result from natural processes and how that relates to 
designating critical habitat in areas that do not support primary 
constituent elements.
    Service response: We are not designating critical habitat in units 
that are not occupied or do not support primary constituent elements. 
All units support all of the primary constituent elements. While some 
specific areas within a unit may provide only breeding habitat, only 
upland habitat, or only migration and dispersal habitat, the unit is 
properly evaluated as a whole, not by isolating small sections of it. 
The statement regarding the changes that may occur in the 
characteristics and suitability of upland habitat was for the purpose 
of presenting a comprehensive picture of the dynamic systems in which 
the toad has evolved. Relative to actual on-the-ground critical 
habitat, processes such as fires, floods, and earthquakes may cause 
excessive fine silts to be deposited in a documented breeding site one 
year, making it unsuitable for breeding that year (and possibly for 
several years) but that would not mean that the area would not still be 
essential for arroyo toad conservation. Natural hydrologic processes 
would remove the fine silt over time, restoring the area to suitable 
breeding habitat. Toads may use what would ordinarily be deemed 
marginal breeding habitat for that time period, or may forgo breeding 
altogether. It is essential for this species' conservation that a 
patchwork of habitats be recognized as actually or potentially occupied 
at any given time.
    (12) Comment: We received a request that we clarify how to treat 
habitat that does not support ``all'' primary constituent elements. 
Specifically, the commenter asked whether or not hard-surface roads and 
stream crossings constitute critical habitat.
    Service response:s Habitat does not need to contain all of the 
primary constituent elements to qualify as critical habitat. For 
example, upland areas do not contain suitable breeding habitat, and 
some areas used as migration and dispersal corridors may contain little 
burrowing habitat. Although the hard-surface areas do not provide 
burrowing habitat for arroyo toads, they can be used as foraging sites, 
and smaller roads (i.e., one-and two-lane roads, and dirt roads) and 
stream crossings do not constitute barriers to arroyo toads. Therefore, 
hard-surface roads and stream crossings can be considered critical 
habitat. We have by definition excluded areas such as buildings, 
aquaducts and airports, because they do not contain any of the primary 
constituent elements.
    (13) Comment: One commenter stated that the presence of non-native 
predators and plants makes habitat unsuitable and inappropriate for 
designation as critical habitat.
    Service response: Several non-native plant and animal species are 
identified as threats to arroyo toads in the recovery plan and in the 
critical habitat proposal. The presence of non-native competitors or 
predators does not automatically preclude designation of an area as 
critical habitat, if the area contains primary consetituent elements. 
Such areas clearly are in need of special management as contemplated in 
the definition of critical habitat in the Act, to decrease the numbers 
of non-natives present and to correct, as appropriate, the habitat 
conditions that allowed them to become established.
    (14) Comment: Some commenters stated that areas where water flows 
have been modified due to dams or other water management activities are 
unsuitable and should not be designated, and requested removal of 
specific areas as unsuitable for breeding due to habitat changes. 
Conversely, other commenters stated that water diversions and quality 
should be evaluated as part of the analysis of effects when issuing 
incidental take permits under section 10 of the Act or conducting 
consultations under section 7. Some of the latter also stated that the 
Service should establish instream flow regime guidelines.
    Service response: We have successfully worked with several water 
management agencies to modify their flow regimes in such a manner to 
meet their needs and goals as well as the needs of arroyo toads and 
other native species. We believe additional efforts along these lines 
will be successful in

[[Page 9433]]

allowing expansion or reestablishment of toad populations, while 
meeting the needs of the water management agencies. We reviewed 
specific recommendations, and revised the critical habitat units as we 
determined to be appropriate. Some areas that commenters identified as 
unsuitable were determined, on further evaluation, to be non-essential 
for the survival and conservation of the arroyo toad, and so were 
removed from critical habitat. Some areas were specifically included 
because they serve as essential migratory or dispersal areas between 
breeding areas or potential breeding areas, or between breeding and 
upland habitats. Other areas remained in the final designation because 
we believe that they are essential to stabilize and expand existing 
populations, the primary goal of the recovery plan. These areas have 
been retained because they are essential for the conservation of the 
species.
    The impacts of water diversions and water management actions, as 
well as other issues of water quality, are evaluated for their effects 
on arroyo toads and other listed species during consultations and 
review of HCPs. Instream flow regime guidelines have been established 
for some streams during the consultation process. As other water 
management agencies enter into the consultation process, such 
guidelines will be established as appropriate for those streams.
    (15) Comment: Some parties commented on the fragmentation of upland 
habitats by road construction projects. One commenter stated their 
belief that State Highway 76, along the San Luis Rey River in San Diego 
County, constitutes an impassable barrier to arroyo toads and that 
critical habitat should not extend beyond that road.
    Service response: We also are concerned about direct and indirect 
effects of road construction on arroyo toads and their habitat, and 
continually seek ways to avoid or reduce such impacts. Highway 76 is a 
two-lane road with relatively low traffic volume during late-night and 
pre-dawn hours, which should allow for some toads to cross it safely. 
In addition, there are numerous undercrossings that allow toads to move 
up tributary drainages and then into the uplands. Therefore, we believe 
that Highway 76 will not seriously impede migration and dispersal.
    (16) Comment: The broad scale of the proposed critical habitat maps 
is not specific enough to allow for reasonable public comment and 
therefore violates the Act. The proposal does not identify specific 
areas and defers designation of geographically specific areas to future 
consultations.
    Service response: We identified specific areas in the proposed 
determination that are referenced by UTM coordinates, which are found 
on standard topographic maps. We also made maps available at the public 
hearings and at the Ventura and Carlsbad Fish and Wildlife Offices with 
the proposed critical habitat units superimposed on 7.5 minute 
topographic maps and aerial photos. Further, we distributed GIS 
coverages and maps of the proposed critical habitat units to everyone 
who requested them. We believe the information made available to the 
public was sufficiently detailed to allow for informed public comment. 
This final rule contains the legal descriptions of areas designated as 
critical habitat as required under 50 CFR 424.12(c). All lands within 
the boundaries established by the listed UTMs are designated as 
critical habitat. If additional clarification is necessary, contact the 
Ventura or Carlsbad Fish and Wildlife Office (see ADDRESSES section).
    (17) Comment: The scope of the proposal was overly broad, in that 
too wide a zone on either side of the streams was proposed, and too 
much marginal or unsuitable habitat was included; there was a lack of 
accuracy and detail in mapping leading to the concern that developed 
areas and infrastructure are within the boundaries and will be 
considered critical habitat.
    Service response: We recognize that not all parcels of land within 
designated critical habitat will contain the habitat components 
essential to arroyo toad conservation. We are required to describe 
critical habitat (50 CFR 424.12(c)) with specific limits using 
reference points and lines as found on standard topographic maps of the 
area. The approach to developing the proposed critical habitat was 
based on the best available scientific information, and on the 
development of a scientifically supportable model for predicting arroyo 
toad habitat. While some commenters believe that no habitat they judge 
to be marginal or unsuitable should be included within the critical 
habitat boundaries, the primary constituent elements include not just 
sandy soils and breeding habitat, but the processes that will allow 
appropriate breeding conditions to persist over time. Therefore, we 
take a broader view of the essential components of arroyo toad habitat 
than do some of the commenters. The hydrologic regimes (including 
natural flooding), scouring and depositional events, and other 
processes that have caused specific habitats to develop and be 
maintained must continue to operate for the arroyo toad to persist over 
the long term. Because such processes and their maintenance are 
necessary for the persistence of suitable habitat for the arroyo toad, 
we could have proposed entire watersheds for designation as critical 
habitat. Doing so would have involved much more extensive areas than we 
proposed. We concluded that designation of smaller areas would 
accomplish the goal of maintaining the processes on which arroyo toad 
habitat is dependent.
    Given that the systems the toad inhabits are dynamic, and that 
specific breeding and burrowing sites can change from year to year, and 
because of the need to provide routes for migration and dispersal, 
areas are included that do not now appear to or may never be 
appropriate breeding habitat or burrowing habitat. However, these areas 
still fulfill an essential role in the arroyo toad's life history 
pattern, and are essential for the conservation of the species.
    Due to the time constraints imposed by the Court, and the absence 
of detailed GIS coverages during the preparation of the proposed 
determination, a 1 km UTM grid was used to delineate the proposed 
critical habitat boundaries. This resulted in the inclusion of some 
areas that are not essential to the conservation of the arroyo toad. In 
preparing the final determination, we used more detailed GIS coverages 
that allowed us to reduce our minimum mapping unit to a 250 m UTM grid 
square. This resulted in more refined critical habitat boundaries that 
exclude many areas which do not contain the primary constituent 
elements for arroyo toads. The smaller minimum mapping unit used in 
defining the final critical habitat boundaries still did not allow us 
to exclude all developed areas such as towns, housing developments, 
airports, or other developed lands unlikely to provide habitat for the 
arroyo toad. However, because these developed areas do not contain the 
primary constituent elements for the arroyo toad, we believe that 
activities occurring on them will not affect critical habitat and thus 
will not trigger a section 7 consultation.
    (18) Comment: Some commenters believe that the Service did not use 
the best available information, and failed to consider information 
obtained since the listing.
    Service response: We disagree. We are under a Court order to 
finalize this critical habitat designation by January 19, 2001. When 
developing any listing

[[Page 9434]]

proposal or proposed critical habitat designation we use the best 
information available at the time, and we solicit information from a 
variety of sources. We use information that is in our files, and we 
request information from Federal and state agencies, consultants, and 
researchers during the development of the proposal. The recovery plan 
for the arroyo toad incorporated information obtained since the species 
was listed, as well as earlier information. The critical habitat 
proposal incorporated information obtained since the drafting and 
finalization of the recovery plan, as documented by the incorporation 
of references from 1999 and 2000. The public comment periods provided 
additional opportunities to collect information. Comments received on 
the proposed designation and the draft economic analysis and additional 
information received during the comment periods have been taken into 
account in the development of this final determination. Further, we 
will continue to monitor and collect new information and may revise the 
critical habitat designation in the future if new information supports 
a change.
    (19) Comment: One commenter made several suggestions: reevaluate 
the upland habitat requirements of the arroyo toad, conduct further 
surveys, and incorporate published information from a wider range of 
scientists in our evaluation of the necessity of uplands to the 
species' survival.
    Service response: We have evaluated all of the available 
information collected by or provided to us by researchers, consultants, 
surveyors, land managers, and interested parties. None of the documents 
concerning movements of toads and the upland they habitat use consist 
of peer-reviewed, published papers. They consist of annual reports 
filed by permit holders, reports submitted to the Service and other 
agencies by individuals conducting surveys and studies, and unpublished 
data and information submitted to us by those same individuals.
    Properly functioning watersheds are integral to the survival and 
recovery of the arroyo toad, and upland habitats are crucial to the 
survival of the species. The primary constituent elements consist of an 
appropriate hydrologic regime that includes a natural flooding regime, 
the presence and replenishment of proper substrates, upland habitats 
sufficient to support foraging and non-breeding activities, a lack of 
non-native species (plants and animals), barrier-free dispersal and 
migration corridors, and undisturbed habitats. The only way appropriate 
hydrologic regimes can be maintained and appropriate depositional 
processes ensured is by having healthy upland habitats. The primary 
constituent elements, therefore, go beyond the simple needs of the toad 
for breeding, foraging, and dispersal, and incorporate landscape level 
and geological time-scale processes.
    (20) Comment: Some commenters expressed their opinion that reliance 
on one habitat model (Barto 1999) was inadequate.
    Service Response: We did not rely solely on the habitat model 
developed by Barto (1999). An approach similar to that used by Barto 
was used to identify stream reaches that contain appropriate breeding 
habitat, but we went beyond that in determining upland habitats, 
dispersal and migration corridors. We incorporated information used to 
develop the recovery plan and additional information received since 
that time, including predictive habitat maps developed by the Forest 
Service and several planning efforts in Southern California, more 
recent field studies, and information from a variety of sources.
    (21) Comment: One commenter stated that the critical habitat 
proposal was not developed through a scientifically valid process, and 
that the use of GIS technology is scientifically questionable and 
illegal. Referencing the June 14, 1999, notice requesting comments on 
how the Service designates critical habitat, the commenter stated that 
we cannot use GIS to determine critical habitat boundaries unless the 
public has an opportunity to comment on the use of the technology.
    Service Response: The development of predictive models has been 
used for decades in numerous fields, including hydrology, economics, 
air quality management, and wildlife habitat management. GIS technology 
is an effective tool for using spatial data to evaluate species-habitat 
relationship. It is appropriate to use such tools to determine the 
location and extent of habitat a species needs to meet stated 
conservation goals. The Act and implementing regulations do not 
constrain the methods to be used in determining critical habitat 
boundaries, but do state that the best available scientific and 
commercial information shall be used. The GIS layers represent the best 
available information on topography, stream gradient, soil types, 
floodplain width, and other parameters that we have for many of the 
areas where toads exist. As such, using GIS technology to determine 
critical habitat boundaries is consistent with the law, our policies, 
and guidance.
    (22) Comment: One commenter believes the critical habitat proposal 
was not developed through a legally valid process, stated that the 
designation of critical habitat requires field visits, and was opposed 
to the use of GIS maps as legal descriptions.
    Service Response: We followed the implementing regulations, our 
policy and guidance in determining the areas to propose for inclusion 
in critical habitat for the arroyo toad. The Act and implementing 
regulations do not require that we make on-site visits to determine the 
suitability of habitat. We do, to some extent, rely on our partner 
agencies and the commenters to provide us with more detailed 
information during the comment period. After the comment period, we 
review the proposed boundaries and make modifications as appropriate. 
The GIS maps are not the legal descriptions of the habitat. We provided 
legal descriptions, as required by regulation (50 CFR 424.12(c)), with 
specific limits using reference points (UTM coordinates) as found on 
standard topographic maps of the areas. There is no requirement in the 
law or regulation that the boundaries of critical habitat be surveyed 
and delineated on the ground.
    (23) Comment: Some commenters believe that, because most toad 
sightings are within 500 m (0.3 mi) of streams, the upland habitat 
distance should be reduced to 500 m (0.3 mi).
    Service response: Although most arroyo toad sightings may have been 
within 500 m (0.3 mi) of the streams, there are numerous sightings 
beyond that distance. The shorter distance for the majority of 
sightings is likely due to several factors, including sampling 
artifacts (i.e., habitats further away were not sampled), reduced 
availability of upland habitats in the areas where telemetry studies 
have been conducted, and the difficulty in detecting toads during 
dispersal and migration. There are a sufficient number of sightings of 
toads beyond 500 m from streams that the experts' evaluation is that 
arroyo toads regularly use available habitat beyond that distance. They 
may use the land for estivation, overwintering, foraging, dispersal to 
new or adjacent breeding areas, and migration from breeding to non-
breeding habitats.
    It is also important to remember that, in managing for the arroyo 
toad and in designating critical habitat, we need to ensure that 
natural hydrological, fluvial and geomorphological processes can 
continue. This will require thorough review of activities that occur 
within not only the critical habitat boundaries, but elsewhere in the 
designated watersheds and other watersheds in which arroyo toads live. 
It does not

[[Page 9435]]

mean that all projects within critical habitat boundaries or designated 
watersheds will be precluded, but that not only the direct, but also 
the indirect effects on the toad's habitat must be evaluated.
    (24) Comment: One commenter stated that using the 25m (80 ft) 
elevational limit excludes the majority of upland habitat records.
    Service response: Based on our analysis of available arroyo toad 
location data, which is described in this rule and included in the 
administrative record, over 85 percent of documented upland habitat 
locations are within the final critical habitat boundaries.
    (25) Comment: One commenter stated that the Service ignored the 
potential for arroyo toads to disperse over distances in excess of 2 km 
(1.2 mi).
    Service response: We did consider the possibility of such 
movements, and cite dispersal movements of approximately 6 to 8 km (4 
to 5 mi) along a stream corridor. We do not have sufficient data to 
estimate with any reliability the proportion of toads that may make 
long-distance overland movements. About half of the critical habitat 
units are separated from the next closest unit by distances in excess 
of 10 km (6 mi); the distances between the centers of toad populations 
or areas with the highest concentrations of toads are even greater. 
Based on the available information, which is cited in the rule, we 
believe overland dispersal movements are unlikely to occur between such 
widely separated populations. Therefore, we believe it is unnecessary 
to include large extents of upland habitat between units in this 
designation. We believe that the designated critical habitat is 
sufficient to provide for the long term survival and conservation of 
the toad.
    (26) Comment: One commenter stated that the Service did not discuss 
dispersal enough and should do so for each critical habitat unit.
    Service response: We recognize the importance of dispersal in 
maintaining viable arroyo toad populations and incorporated available 
information in determining the distribution and boundaries of the 
critical habitat units. Several of the units, particularly those in the 
northern and desert recovery units, are isolated from each other by 
distances of 10 to 160 km (6 to 100 mi). The only two critical habitat 
units in the northern recovery unit that have centers of toad 
populations less than 10 km (6 mi) apart are separated by Interstate 5, 
which we consider an impassable barrier in terms of overland migration. 
We clearly stated in the proposal that we expect dispersal to occur 
along streams, and between streams if the habitat is suitable and the 
streams are close enough. At this time, we do not have enough 
information to predict, with any degree of certainty, the minimum or 
maximum distances toads will travel overland in different environments. 
We noted particular units in which we believe overland dispersal is 
likely to occur between critical habitat units, between subunits, or 
between tributaries within units. We did not ignore the possibility 
that overland dispersal may occur in units in which we did not discuss 
it, but we do not believe there are sufficient data available to make 
claims that overland dispersal does or will occur between units that 
are separated by 10 km (6 mi) or more.
    (27) Comment: One commenter stated that insufficient areas were 
designated to provide for the recovery of the arroyo toad, and stated 
that we ignored ``known'' populations of arroyo toads in our 
designation, particularly those on Amargosa Creek in Los Angeles 
County, the lower San Luis Rey River in San Diego County, and `` * * * 
other areas * * * particularly in Riverside County.'' Other commenters 
made specific suggestions regarding areas they thought should be 
designated, including all tributaries of the Santa Clara River in Los 
Angeles and Ventura counties; the Cucamonga and Cajon watersheds, San 
Bernardino County; additional portions of San Mateo Creek, San Diego 
and Riverside counties; Temescal Creek, Orange County; and portions of 
Temecula Creek, Riverside County.
    Service response: We disagree that insufficient land has been 
designated to provide for the recovery of the arroyo toad. All of the 
critical habitat areas are considered essential to the species' 
conservation, and the critical habitat closely follows the 
recommendations of the recovery plan. Exceptions are primarily those 
areas where it was recently determined that arroyo toads do not occur 
currently and most likely did not occur historically (e.g., Pinto Wash 
in Imperial County, San Felipe and Vallecitos Creeks in San Diego 
County). In addition, several areas identified for recovery actions, 
such as the upper Salinas River and the Otay River basin, are not 
included in this designation. By evaluating the downlisting and 
delisting criteria in the ``Recovery Plan for the Arroyo Southwestern 
Toad'' relative to the designated critical habitat units, we determined 
that the critical habitat units as designated will provide adequately 
for the survival and recovery of the arroyo toad in each of the 
recovery units. Sufficient land is designated within each of the 
targeted drainages or basins to provide multiple opportunities to 
protect toad populations.
    We did not include all of the specific lands listed above in the 
proposal because, at the time of proposal, we concluded that these 
lands were not essential for the conservation of the arroyo toad or did 
not meet the definition of critical habitat, as discussed below. Also, 
the Act states, at section 3(5)(C), that except in particular 
circumstances determined by the Secretary ``critical habitat shall not 
include the entire geographical area which can be occupied by the 
threatened or endangered species.'' We did not designate critical 
habitat in the upper Salinas River watershed, the entire length of or 
all tributaries to currently occupied rivers or watersheds, or areas 
that have arroyo toads but that we did not deem essential to the 
conservation of the species.
    Regarding the first commenter's suggestions, no documentation of 
the populations referred to was provided. We are aware of the supposed 
sighting on Amargosa Creek, and have tried for several years to obtain 
confirmation of the sighting. To date, we have been unable to obtain 
any documentation that confirms the sighting. We proposed nearly the 
entire length of the lower and middle stretches of the San Luis Rey 
River for inclusion in critical habitat, excluding only heavily 
urbanized portions downstream of the confluence of the San Luis Rey and 
Guajome Creek (unit 14); we believe the populations to which the 
commenter was referring are included. Regarding the suggestion that we 
should include additional unspecified areas in Riverside County, we 
believe we have identified all appropriate essential habitat in the 
county.
    Not all tributaries of the Santa Clara River contain suitable 
breeding or upland habitat for the arroyo toad, nor do they provide 
dispersal corridors from one area of breeding habitat to another. We 
determined that many tributaries to the Santa Clara River, Cucamonga 
Wash, and portions of upper San Mateo Creek, Temecula Creek and the 
upper San Luis Rey River are not essential to the conservation of the 
species. Therefore, we did not propose critical habitat for those 
areas.
    It is not the intent of the Act, nor is it within the law, our 
policy or guidelines, to designate critical habitat for every 
population and every documented historic location of a species. The 
recovery goal for the arroyo toad is to conserve the phenotypic and 
genetic diversity of the toad in each of the recovery units, as 
discussed in the Critical Habitat Designation section. We

[[Page 9436]]

have determined that the critical habitat units we have designated 
will, when properly managed, provide sufficient habitat to support 
enough self-sustaining populations of arroyo toads across the historic 
range of the species to meet the downlisting and delisting criteria.
    The Cajon Wash sighting was made after the publication of the 
proposal. Significant additions to the proposed critical habitat would 
require an additional public comment period. Because we did not propose 
the area as critical habitat and provide members of the public an 
opportunity to comment on its inclusion, and we are under a Court order 
to finalize this critical habitat designation by January 19, 2001, we 
are not including Cajon Wash in this final designation. If, on further 
evaluation, we determine that these or other populations and areas are 
essential for the conservation of the arroyo toad and that the areas 
need special management or protection, we will propose them for 
inclusion, given workload and budgetary constraints.
    (28) Comment: One commenter stated that we should not include the 
lower Sisquoc River as second and third order streams are the most 
productive arroyo toad habitats, not sixth order streams.
    Service response: The commenter provided no data to support the 
statement that second and third order streams are more productive 
arroyo toad habitat than sixth order streams. We do have data on at 
least one sixth order stream, Santa Margarita River in San Diego 
County, that supports a large arroyo toad population. The lower Sisquoc 
River, and other fifth and sixth order streams (for example, the Santa 
Clara and San Luis Rey Rivers), have been strongly affected by 
intensive agriculture, urbanization, and sand and gravel mining 
operations. Each system was evaluated to determine if it is essential 
to the conservation of the arroyo toad and if it needs special 
management or protection. Those systems that met both criteria have 
been included in this final designation.

Issue 4: Military Lands

    (29) Comment: The Department of Defense (DOD) requested that their 
lands be excluded from the critical habitat designation because 
protections and management afforded the arroyo toad under Integrated 
Natural Resource Management Plans (INRMPs) pursuant to the Sikes Act 
and under existing programmatic biological opinions were sufficient, 
thereby resulting in their lands not requiring special management or 
protection and not meeting the definition of critical habitat.
    Service response: We address the issue of military lands in detail 
in the previous section entitled ``Benefits of Exclusion''. As 
discussed in that section, subsection 4(b)(2) of the Act allows us to 
exclude areas where the benefits of exclusion outweigh the benefits of 
inclusion. Our analysis of the costs and benefits of inclusion of 
military lands led us to conclude that the benefits of excluding 
certain military lands outweigh the benefits of including them. Please 
refer to that section of this document for the details. We are involved 
in discussions with DOD to ensure that the arroyo toad is adequately 
addressed under existing programmatic biological opinions or through 
ongoing programmatic consultations covering training activities, 
construction, controlled burning, wildfire management and other 
activities on the military reserves. In addition, DOD is in the process 
of developing INRMPs and Endangered Species Management Plans (ESMP) for 
the arroyo toad and other listed species on their military reserves.
    (30) Comment: Certain commenters stated that we failed to consider 
the military mission and the cumulative effects of multiple critical 
habitat designations on the ability of the Department of Defense to 
achieve mission goals, and pointed out that military bases cannot be 
set aside as preserves, nor used to mitigate off-site impacts such as 
urbanization.
    Service response: Marine Corps Base Camp Pendleton is the Marine 
Corps' only amphibious training base on the west coast. During the 
public comment periods for the proposal, the Marines informed us that 
the designation, if made final, had ``the potential to substantially 
degrade the military capabilities of both the installation and assigned 
operational forces.'' Although the areas proposed on Camp Pendleton are 
essential to the conservation of the toad, designation would 
significantly impair critical training. Therefore, we have excluded 
Camp Pendleton from this final designation. Our rationale for this 
exclusion is discussed in more detail in the section ``Exclusions under 
section 4(b)(2)'', above.
    The lands designated on Fort Hunter Liggett and Fallbrook Naval 
Weapons Reserve are essential for the conservation of the toad, and are 
not adequately addressed under existing management plans. Fort Hunter 
Liggett seemed most concerned in their comments about the inclusion of 
what they termed ``marginal and unsuitable'' habitat and the resulting 
consultation requirements, and the perceived need to reinitiate 
consultation on certain actions. We believe we have adequately 
addressed much of their concern by eliminating the northernmost reach 
of the river that was proposed, and by the reduction in grid cell size 
to eliminate such marginal habitat (see Changes from the Proposal 
section). Several of the consultations they mentioned would not need to 
be reinitiated, as there will clearly be no effect on the habitat (e.g. 
bullfrog removal program). They have already begun the process of 
reinitiating consultation on their programmatic biological opinion, 
which was necessitated by new information on the toad and by the recent 
listing of the purple amole, Chlorogalum purpureum, not by the proposal 
of critical habitat for the toad.
    A primary concern expressed by Fallbrook Naval Weapons Station is 
that the designation of critical habitat within certain developed areas 
will impose additional restrictions on their operations. However, 
existing structures, ordnance storage magazines and bunkers, and other 
developed areas do not provide the primary constituent elements 
necessary for the arroyo toad and thus by definition are not critical 
habitat. Federal actions limited to these areas would not trigger a 
section 7 consultation, unless they might affect individual arroyo 
toads and/or the primary constituent elements in adjacent critical 
habitat.

Issue 5: Relationship of critical habitat to HCPs, NCCP program, 
section 7, and section 404

    (31) Comment: Some commenters were supportive of the policy that 
lands covered by approved and future HCPs that provide take 
authorization for the arroyo toad should be excluded from critical 
habitat. Several commenters suggested that designated critical habitat 
be removed concurrently with approval of the HCP because they are 
concerned that additional consultations would be required as a result 
of critical habitat. Another suggested that the Service adopt a 
regulation that would allow the removal of the critical habitat 
designation upon the formulation and adoption of ``a regional 
conservation cooperative.''
    Service response: We recognize that critical habitat is only one of 
many conservation tools for federally listed species. HCPs are one of 
the most important tools for reconciling land use with the conservation 
of listed species on non-Federal lands. Section 4(b)(2) of the Act 
allows us to exclude from critical habitat designation areas where the 
benefits of exclusion outweigh the benefits of designation, provided 
the exclusion will not result in the

[[Page 9437]]

extinction of the species. We believe that in most instances the 
benefits of excluding HCPs from critical habitat designations will 
outweigh the benefits of including them. For this designation, we find 
that the benefits of exclusion outweigh the benefits of designation for 
all legally operative HCPs issued for the arroyo toad.
    We anticipate that future HCPs in the range of the arroyo toad will 
include it as a covered species and provide for its long term 
conservation. We 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. Section 10(a)(1)(B) of the Act states that 
HCPs must meet issuance criteria, including minimizing and mitigating 
any take of the listed species covered by the permit to the maximum 
extent practicable, and that the taking must not appreciably reduce the 
likelihood of the survival and recovery of the species in the wild. We 
fully expect that our future analyses of HCPs and section 10(a)(1)(B) 
permits under section 7 will show that covered activities carried out 
in accordance with the provisions of the HCPs and section 10(a)(1)(B) 
permits will not result in the destruction or adverse modification of 
critical habitat designated for the arroyo toad. As discussed above in 
the ``Exclusions Under Section 4(b)(2)'' section.
    (32) Comment: Some commenters suggested that HCP exclusions should 
include planning areas of pending HCPs and lands enrolled in the NCCP 
program, and areas that have approved ``environmental documents, either 
CEQA or NEPA, that have included biology reports and FWS review in 
which'' no arroyo toads have been found. In one case, commenters 
claimed that because the lands are already ``enrolled'' in the NCCP 
program they are already subject to regulation, and the section 7 
process provides enough protection in this area.
    Service response: While we trust that jurisdictions will fulfill 
their commitment to complete conservation plans, this voluntary 
enrollment does not assure that such plans will be completed. 
Protections for arroyo toad habitat provided through participating 
jurisdiction's enrollment in the NCCP process are temporary and are not 
assured; such protections may be lost if the jurisdiction elects to 
withdraw from the NCCP program. NCCP Guidelines direct habitat loss to 
areas with low long-term conservation potential that will not preclude 
development of adequate NCCP plans and ensure that connectivity between 
areas of high habitat value will be maintained.
    (33) Comment: Some commenters stated that the designation of 
critical habitat removes incentives to participate in NCCP, HCP and 
Special Area Management Plan (SAMP) processes, in part because it is 
impossible to provide assurances needed to participate in such 
processes following the designation of critical habitat.
    Service response: The designation of critical habitat should not 
deter participation in the NCCP or HCP processes. Approvals issued 
under these processes include assurances of no additional mitigation 
through the HCP No Surprises regulation (63 FR 8859). The development 
of new HCPs or NCCPs or any SAMPs should not be affected by designation 
of critical habitat primarily because the Service views the standards 
of jeopardy for listed species and of adverse modification for critical 
habitat as being virtually identical. We discuss these standards in 
detail in the section in this document entitled ``Critical Habitat'' 
and in our response to Comment 53.
    (34) Comment: One commenter said we should rely on the Corps' 404 
program, protections under section 7 of the Act, and enrollment in the 
NCCP program to protect the arroyo toad and its habitat.
    Service response: Please see comment (35) for our response to the 
section 7 issue, and comment (31) for enrollment in the NCCP program. 
The Corps, section 404 program does not address impacts to upland 
habitat except in a very few cases and thus does not assure protection 
for such upland areas essential to the conservation of the arroyo toad.
    (35) Comment: Some commenters suggested that, as with lands covered 
by an HCP, the Service should exclude from critical habitat lands 
covered by a biological opinion issued as a result of consultation 
under section 7 of the Act.
    Service response: HCPs typically provide for greater conservation 
benefits to a covered species by assuring the long-term protection and 
management of a covered species and its habitat, and funding for such 
management through the standards found in the 5-Point Policy for HCPs 
(64 FR 35242), the HCP No Surprises regulation (63 FR 8859), and 
relevant regulations governing the issuance and implementation of HCPs. 
However, such assurances are typically not provided in connection with 
Federal projects subject to section 7 consultations which, in contrast 
to activities on non-Federal lands covered by HCPs, often do not commit 
to long-term special management or protections. Thus, a consultation 
unrelated to an HCP typically does not accord the lands it covers the 
extensive benefits an HCP provides.
    (36) Comment: One commenter stated that the 1.5 kilometer upland 
habitat distance is inconsistent with the 1 km distance in approved 
HCPs.
    Service response: The 1.5 km extent for upland habitat is the 
maximum distance we used in describing the habitat in which the primary 
constituent elements are most likely to be found. Because the 
elevational limit of 25 m (80 ft) above the stream bed takes 
precedence, the 1.5 km limit is less than 2 percent of the areas 
designated.
    (37) Comment: Some commenters stated that surveys for the San Diego 
MSCP were conducted at a scale (at the landscape level rather than the 
parcel level) that makes it inappropriate to equate the protections 
afforded through the HCP process to those afforded through the 
designation of critical habitat. One commenter stated that areas within 
the MSCP planning area should be included in critical habitat, as there 
are no special management considerations or protections for the arroyo 
toad in this area. That commenter also stated that, currently, the only 
measures proposed are control of non-native predators and human impacts 
and that area-specific management directives were to have been 
developed by July 1998, but those tasks have not been done.
    Service response: There are several implications to these comments. 
The first is the implication that the landscape scale is not 
appropriate for determining areas that should be protected for the 
arroyo toad. The second is that the critical habitat evaluation was 
conducted at a parcel level. The third implication is that critical 
habitat provides for a higher standard of conservation and protection 
than HCPs and the accompanying section 7 consultations, and the fourth 
is that the provisions of the MSCP do not provide adequate protection 
for the arroyo toad and its habitat.
    The MSCP planning effort utilized the best scientific information 
available. Survey information included both landscape level scale for 
vegetation mapping and habitat evaluation modeling and parcel specific 
information, where available, on known locations of species, including 
the arroyo toad. Both the development of the recovery plan and drafting 
of the proposed critical habitat designation evaluated existing known 
toad populations and remaining toad habitat in a landscape context. It 
would be

[[Page 9438]]

infeasible to evaluate critical habitat on a parcel-by-parcel basis.
    Section 10(a)(1)(B) of the Act states that HCPs must meet issuance 
criteria, including minimizing and mitigating any take of the listed 
species covered by the permit to the maximum extent practicable, and 
that the taking must not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild. Section 7 prohibits 
actions funded, authorized, or carried out by Federal agencies from 
jeopardizing the continue 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 both the survival and 
recovery of a listed species. Actions likely to result in the 
destruction or adverse modification of critical habitat are those that 
would appreciably reduce the value of critical habitat for both 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 result in the destruction or adverse modification of critical 
habitat would almost always result in jeopardy to the species 
concerned. The MSCP requires a Framework Management Plan and Area 
Specific Management Plans for preserved lands. These plans must address 
both species-specific requirements and preserve management. Therefore, 
we believe that the arroyo toad will be adequately served by the MSCP 
without the designation of critical habitat.

Issue 6: Economic impacts and analysis; other relevant impacts

    (38) Comment: Some commenters felt that critical habitat should not 
have been proposed before an economic and other relevant impacts 
analysis was completed.
    Service response: Pursuant to 50 CFR 424.19, we are not required to 
conduct an economic analysis at the time critical habitat is initially 
proposed. We published the proposed determination in the Federal 
Register (65 FR 36512), invited public comment, and held two public 
hearings. We evaluated and used comments received on the proposed 
critical habitat to develop the draft economic analysis, as 
appropriate. On November 9, 2000 (65 FR 67334), we published a notice 
in the Federal Register announcing the availability of the draft 
economic analysis and reopening the public comment period for 30 days. 
We were unable to provide a longer comment period given the short time 
frame ordered by the Court. In making this final critical habitat 
designation, we used the economic analysis and took into consideration 
comments and information submitted during the public hearings and 
public comment periods.
    (39) Comment: One commenter stated that we made an inappropriate 
finding of less than $100 million impact before completing the economic 
analysis.
    Service response: In the proposed rule, we made a preliminary 
finding that the economic impact of the critical habitat designation 
would be less than $100 million. This preliminary finding was made 
pursuant to Executive Order 12866, which requires that for significant 
regulatory actions, the issuing agency shall assess the potential costs 
and benefits of the regulatory action. The executive order defines 
significant regulatory actions, in part, as rulemakings that have an 
annual effect on the economy of $100 million or greater. The Office of 
Information and Regulatory Affairs, within the Office of Management and 
Budget, is required to review all significant rulemakings. We based our 
preliminary finding in the proposed rule on our experience with similar 
critical habitat designations because, at the time of proposal, our 
economic analysis had not yet been finalized.
    Also in the proposed rule, under the discussion of the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), we noted that we 
would conduct an economic analysis to determine if the critical habitat 
designation would have a significant effect on a substantial number of 
small entities. As discussed above, in response to comment (38), we 
developed and made available for public review a draft economic 
analysis. In this draft economic analysis we concluded that the 
critical habitat designation as proposed would result in an economic 
impact of less than $1 million, significantly below the $100 million 
threshold in Executive Order 12866. Our draft economic analysis also 
concluded that our proposed rule would not have a significant effect on 
a substantial number of small entities in part because the analysis 
found that the proposed rule would have an overall insignificant effect 
on the local and regional economies where critical habitat was being 
proposed. Based on this draft economic analysis, public comment, and 
our changes to the proposal, including reducing the acreage included 
and the stream length of many units, we made our final determination 
required under Executive Order 12866 that the economic impact of this 
final critical habitat designation will be less than $100 million and 
under SBREFA that the final rule would not have a significant economic 
effect on a substantial number of small entities.
    (40) Comment: Several commenters were concerned that our proposed 
rule did not include a Regulatory Flexibility Analysis and felt that 
the economic analysis was incorrect to assume that a Regulatory 
Flexibility Analysis was not required.
    Service response: The Regulatory Flexibility Act, as amended by the 
SBREFA, generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
requirements of the Administrative Procedure Act or any other statute 
unless the agency certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. We are 
certifying that this rule will in fact not have a significant economic 
impact on a substantial number of small entities and, as a result, we 
do not need to prepare either an initial or final regulatory 
flexibility analysis.
    We have based our finding on the fact that this rule will not 
result in any significant additional burden to the regulated community, 
regardless of the size of the entity. Our economic analysis identified 
several potential impacts associated with critical habitat designation, 
including increased consultation costs, project modification costs, and 
potential temporary decreases in property values. However, because we 
have only designated property that is within the geographic range 
occupied by the arroyo toad, and because the arroyo toad is already 
federally listed, other Federal agencies are already required to 
consult with us on activities that they authorize, fund, permit, or 
carry out that have the potential to jeopardize the species. Any 
associated costs related to these consultations, including project 
modifications, will therefore be attributable to the listing of the 
species and not to designation of critical habitat. In a few instances, 
completed (or near-complete) consultations may have to be reinitiated 
once the critical habitat designation is finalized to ensure Federal 
agencies' responsibilities under section 7 are met; as a result, the 
critical habitat designation could result in an economic effect 
associated with any delays to complete these consultations. Most 
decreases in property values, to the extent that they can be attributed 
to the arroyo toad and result from actual restrictions on land use, 
would be a result of its listing and not because of

[[Page 9439]]

critical habitat designation. We recognize that the market response to 
a critical habitat designation, due to the perception of an increased 
regulatory burden, may lower real estate values on lands within the 
designation; however, we expect this decrease in value to be temporary. 
Our draft and final economic analyses further discuss how we arrived at 
our conclusion regarding impacts to small entities.
    (41) Comment: One commenter suggested we review an economic 
analysis of the California gnatcatcher critical habitat designation 
commissioned by the law offices of Nossaman, Guthner, Knox and Elliott, 
LLP, representing The Transportation Corridor Agencies, Forest Lawn 
Memorial-Park Association, and other interested parties, that reported 
the estimated economic impacts attributable to designating critical 
habitat for the gnatcatcher could result in impacts between $300 
million and $5.5 billion. According to the study, critical habitat 
designation will impact between 1 to 5 percent of future expected 
growth in the area. Another commenter submitted an economic analysis of 
critical habitat designation commissioned by the law offices of 
Nossaman, Guthner, Knox, and Elliott LLP, representing the Foothill/
Eastern Transportation Corridor Agency and the Raymond Basin Management 
Board, that reported estimated economic impacts attributable to 
designating critical habitat for the arroyo toad could result in 
impacts between $117 million and $875 million. According to the study, 
critical habitat designation will impact from 1 to 7.5 percent of 
future expected growth.
    Service response: The first referenced document was prepared in 
response to the gnatcatcher critical habitat and is not specifically 
relevant to this designation of critical habitat for the arroyo toad. 
We have reviewed the second economic study cited, prepared by Dr. 
Janczyk, of Empire Economics, on behalf of the commenter; we disagree 
with the study's conclusions and the approach used to derive the 
estimates discussed in the comment. The author (Dr. Janczyk) asserts 
that critical habitat designation will impact future planned growth in 
Southern California between 1 and 7.5 percent. This mistaken assertion 
appears to be based on several biological opinions cited in the report 
pertaining to the least Bell's vireo (Vireo bellii pusillus), 
southwestern willow flycatcher (Empidonax traillii extimus), and the 
California desert tortoise (Gopherus agassizii) (Service 1997a, b, c). 
We believe the analysis is faulty because of the author's reliance on 
these few biological opinions to support his assertion that critical 
habitat designation will affect future planned growth, while ignoring 
the thousands of other biological opinions that have allowed proposed 
projects without separate mitigation requirements for critical habitat.
    The use of the Tequesquite Landfill Flood Protection Levee project 
biological opinion (Service 1997a) to estimate the impacts of 
designating critical habitat for the arroyo toad is inappropriate for 
two reasons. First, this opinion addressed impacts to the least Bell's 
vireo and the southwestern willow flycatcher, not the arroyo toad. 
Second, the ratios used in that opinion are in keeping with those 
employed for projects affecting wetland/riparian habitats along the 
Santa Ana River, regardless of occupancy by listed species and/or 
inclusion within critical habitat. As a result, the unfortunate choice 
of words in this opinion linking mitigation ratios and critical habitat 
for two riparian birds should not be used as a predictor of future 
consultations involving arroyo toad critical habitat. (For additional 
detail concerning this biological opinion, see 65 FR 63680, October 24, 
2000.)
    Regarding the second biological opinion, the author fails to note 
that this opinion was developed in response to the BLM's request for a 
programmatic opinion regarding desert tortoise critical habitat. 
Specifically, the opinion reflects the thresholds proposed by the BLM 
as to what types of impacts would trigger section 7 re-initiations, 
with which we agreed (see Service 1997b, page 2: ``To ensure that 
significant amounts of desert tortoise habitat are not disturbed under 
this biological opinion, the BLM proposes to track the cumulative 
amount of habitat disturbed by small actions and to reinitiate formal 
consultation should habitat loss reach 10 acres per year in desert 
tortoise critical habitat within a recovery unit''). To date, this 
standard has not resulted in reinitiation, suggesting insignificant 
economic impacts to the region.
    The author's analysis also references a third biological opinion 
(1-8-97-F-46), again related to the desert tortoise, along with the 
BLM's and California Department of Fish and Game's (Department) 
California Statewide Desert Tortoise Management Policy (BLM and 
Department 1992), which the author believes supports his assertion that 
we place higher mitigation requirements on impacts affecting critical 
habitat. In referring to these documents, two pertinent issues are 
ignored. First, as stated above, the BLM, not the Service, proposed the 
mitigation requirements. The compensation policy was issued by the BLM 
in 1991, three years before we proposed and designated critical habitat 
for the desert tortoise. Again, to quote our biological opinion, 
``Compensation for affected desert tortoise habitat will be based on 
Bureau-designated categories for areas within the California Desert 
Conservation Area, designated critical habitat within the Mojave 
National Preserve and Nevada, and additional Bureau guidance in 
Nevada'' (Service 1997c).
    The study also ignores the fact that the National Park Service 
(NPS) included compensation as part of the proposed action, and 
proposed that compensation ratios for affected critical habitat be 
based on those ratios used for the BLM's Category 1 habitat (Service 
1997c). The proposal additionally included, as project mitigation, off-
site compensation by AT&T for unavoidable impacts to desert tortoise 
habitat in the areas of cable removal. Critical habitat for the desert 
tortoise largely overlaps the BLM's Category I and II habitats. 
Consequently, if we had not designated critical habitat for the desert 
tortoise, the NPS would have required compensation based on the formula 
and maps developed years earlier by the BLM and other agencies. 
Critical habitat for the desert tortoise was not the ultimate 
determining factor for the compensation ratios included in the NPS's 
request for formal consultation.
    The author also cites an article by Houck (1993) which he believes 
supports his claim that we impose greater mitigation obligations where 
critical habitat is present. Contrary to the author's assertion, Houck 
found, in a review of over 71,560 informal and 2,000 formal 
consultations that were conducted under the Act, only 18 projects that 
were ultimately terminated. In other words, out of all the activities 
that we consulted on, less than 0.03 percent of projects were 
terminated (Houck 1993, p. 318). Furthermore, of 99 jeopardy opinions 
issued by the Service, we issued ``reasonable and prudent 
alternatives'' in nearly all of these opinions that allowed the 
projects to proceed (Houck 1993, p. 319). Houck found that ``(T)he few 
opinions that did not identify such alternatives involved small-scale, 
private development directly in habitat essential to the species 
(although not always designated as critical). No major public activity, 
nor any major federally-permitted private activity was blocked'' (Houck 
1993, p.320). Houck also reported that a common theme in all the 
jeopardy opinions that he reviewed was our determination to find an 
alternative within the economic means, authority,

[[Page 9440]]

and ability of the applicant that would allow the project to proceed 
(Houck 1993, p.320).
    We are also aware of several other more recent studies to support 
our assertion that critical habitat designation has had an 
insignificant effect on local economies. Recently, a study commissioned 
by the Coalition for Sonoran Desert Protection examined the impact of 
designating habitat for the cactus ferruginous pygmy-owl in southern 
Arizona (McKenney 2000). Performed one year after the designation, the 
study found that dire predictions made by developers in that region 
have not materialized. Specifically, high-density housing development 
has not slowed, the value of vacant land has risen, land sales have 
continued, and the construction sector has continued its steady growth. 
Similarly, another study that analyzed the effects of logging 
curtailments for the northern spotted owl in the Pacific Northwest 
found that it had an insignificant effect on the region's economic 
growth (Niemi et. al. 1999).
    Consequently, we believe that the available evidence supports our 
assertion that, in general, critical habitat designation has not caused 
any significant impact on future economic growth and would reach the 
same conclusion with regard to the proposed critical habitat 
designation for the arroyo toad.
    (42) Comment: Several commenters stated that the draft economic 
analysis is wrong to assume that all of the areas proposed as critical 
habitat are ``occupied'' by the arroyo toad.
    Service response: The determination of whether or not proposed 
critical habitat is within the geographic range occupied by the toad is 
part of the biological decision-making process and lies beyond the 
scope of an economic analysis. For a discussion of the biological 
justification of why we believe the area being designated is within the 
geographical area occupied by the toad, see our response to Comment 4.
    (43) Comment: Several commenters stated that the economic analysis 
inadequately analyzes the effect that other pre-existing regulations 
may have (especially regulations implementing the California 
Environmental Quality Act (CEQA)) if critical habitat is designated.
    Service response: We disagree with this assertion. Our economic 
analysis discusses the effect that existing State and local regulations 
have on current activities in proposed critical habitat units. 
Specifically, CEQA requires identification of significant environmental 
effects of proposed projects that have the potential to harm the 
environment. The lead agency (typically the California State agency in 
charge of the oversight of a project) must determine whether a proposed 
project would have a ``significant'' effect on the environment.
    Section 15065 of Article 5 of the CEQA regulations states that a 
finding of significance is mandatory if the project will 
``substantially reduce the habitat of a fish and wildlife species, 
cause a fish or wildlife population to drop below self-sustaining 
levels, threaten to eliminate a plant or animal community, reduce the 
number or restrict the range of an endangered, rare or threatened 
species, or eliminate important examples of the major periods of 
California history or prehistory.'' If the lead agency finds a project 
will cause significant impacts, the landowners must prepare an 
Environmental Impact Report (EIR). Any economic impacts identified by 
the EIR process are due to the presence of a particular species on the 
project land, regardless if it is designated critical habitat.
    Review of the CEQA statute and conversations with the California 
Resources Agency (one of the agencies responsible for administering 
CEQA) revealed that, when a species is known to occupy a parcel of 
land, the designation of critical habitat alone does not require a lead 
agency to pursue any incremental actions. In the case of the arroyo 
toad, the recovery plan made available to the public a description of 
the habitat areas essential to the conservation of the arroyo toad. 
Therefore, economic impacts generated by CEQA on arroyo toad habitat 
areas are part of the baseline and not attributable to the designation 
of critical habitat. Furthermore, because the Service has only proposed 
occupied habitat as critical habitat, the effects of the designation 
are minimal to non-existent due to the existing requirement on Federal 
agencies to ensure that current and future land-use activities do not 
jeopardize the toad.
    (44) Comment: One commenter stated that the economic analysis was 
flawed because while, in their opinion, the economic analysis provided 
a methodology for reviewing economic impacts of critical habitat 
designation, it did not actually analyze the impacts.
    Service response: We disagree with the commenter that the economic 
analysis failed to analyze the economic impacts of critical habitat 
designation. The analysis first identifies the potential impacts that 
may be associated with critical habitat designation in a general 
framework and then discusses actual expected impacts by critical 
habitat units and by land use activities.
    (45) Comment: One commenter stated that the Service must not rely 
on the public to provide information concerning the potential impacts 
of critical habitat designation.
    Service response: In conducting our economic analysis, we relied on 
data and information provided by the Service, other Federal land 
management and consulting agencies, and State and local government 
officials. Our draft economic analysis acknowledged that predicting the 
number and type of future section 7 consultations that could be 
attributed to critical habitat designation was difficult, even with the 
input provided by these sources, and consequently, while we attempted 
to measure the effect of proposed critical habitat designation, we 
invited public comment that could provide us with more specific 
information that would allow us to make better estimates. Our document 
states that the Service will consider all comments submitted on the 
draft economic analysis and would revise estimates, as appropriate, 
based on any additional data provided by the public. However, it does 
not solely rely on the public to provide us with the information needed 
to make an adequate determination of proposed critical habitat 
designation.
    (46) Comment: One commenter stated that the economic analysis did 
not consider potential costs under section 10 of the Act that may be 
created as a result of the critical habitat designation.
    Service response: The Service must internally consult, pursuant to 
section 7(a)(2) of the Act, on the issuance of any section 10(a)(1)(B) 
permit. The effects of permit issuance on critical habitat must be 
considered in the consultation. We do not anticipate that designation 
of critical habitat would add to the costs of a section 10(a)(1)(B) 
permit. First, section 10(a)(1)(B) permits address incidental take; the 
Act does not address the take of critical habitat. Although we must 
consider the effects of permit issuance on critical habitat, we believe 
that the jeopardy standard for listed species and the adverse 
modification standard for critical habitat are virtually identical and 
would not therefore result in additional costs to the applicant.
    Second, one of the functions of critical habitat is to inform the 
public of areas that may require special management considerations or 
protection. Regardless of the designation of critical habitat, the 
Service must ensure that the issuance of any section 10(a)(1)(B) permit 
does not compromise the survival and recovery of any listed species. 
This process includes

[[Page 9441]]

identifying key areas that are necessary to ensure the conservation of 
the listed species, which we would do whether or not critical habitat 
has been designated. Viewed in this sense, the designation of critical 
habitat is another tool for identifying key areas. We also encourage 
applicants to allow us to participate as much as possible in the 
development of applications for section 10(a)(1)(B) permits so we can 
identify and conserve these key habitat areas, whether or not they have 
been designated as critical habitat.
    (47) Comment: One commenter stated that the economic analysis 
failed to consider costs incurred by other Federal agencies as a result 
of critical habitat designation.
    Service response: We disagree. Our estimates for costs associated 
with future section 7 consultations that may be attributable to 
critical habitat designation does include costs that may be incurred by 
the Federal action agencies.
    (48) Comment: Several commenters stated that we should have 
quantified potential property value effects and that the economic 
analysis incorrectly assumes that development projects will continue 
despite any incremental costs.
    Service response: Our economic analysis acknowledged that critical 
habitat designation may, in some instances, have short-term effects on 
private property values. However, as we stated in the analysis, we did 
not attempt to quantify such effects due to their highly speculative 
nature, lack of real observable data, and propensity to likely have 
offsetting effects. Since we conducted the draft economic analysis, a 
study was released by the Coalition for Sonoran Desert Protection that 
examined the impact of designating habitat for the cactus ferruginous 
pygmy-owl in southern Arizona. Performed one year after the 
designation, the study found that dire predictions made by developers 
in that region have not materialized. Specifically, high-density 
housing development has not slowed, the value of vacant land has risen, 
land sales have continued, and the construction sector has continued 
its steady growth. We similarly believe that critical habitat 
designation for the toad will also not likely exert any real influence 
on real estate development within the critical habitat areas.
    (49) Comment: Some commenters stated that we should have estimated 
the cumulative effect of the critical habitat designation for the toad 
along with the effect of future pending and proposed critical habitat 
for other species in the area.
    Service response: We are not required to estimate the cumulative 
effect of multiple critical habitat designations as part of our 
rulemaking procedures. We are required to consider only the effect of 
the proposed government action, which in this case is the designation 
of critical habitat for the arroyo toad. The appropriate baseline to 
use in an analysis of a Federal action, which in this case is the 
designation of critical habitat for the arroyo toad, is the way the 
world would look absent the proposed regulation. Against this baseline, 
we attempt to identify and measure the incremental costs and benefits 
associated with the government action. Because the toad is already a 
Federally protected species, any effect this listing has on the 
regulated community is considered part of the baseline scenario, which 
remains unaffected by our critical habitat designation. Future pending 
and proposed critical habitat designation for other species in the area 
will be part of separate rulemakings and, their economic effects will 
be considered separately.
    (50) Comment: Some commenters were concerned that, while we 
discussed impacts that are more appropriately attributable to the 
listing of the toad than to the proposed designation of critical 
habitat, we did not include in the baseline costs attributable to the 
listing or provide quantified estimates of the costs associated with 
the listing.
    Service response: We do not agree that the economic impacts of the 
listing should be considered in the economic analysis for the 
designation of critical habitat. The Act is clear that the listing 
decision be based solely on the best available scientific and 
commercial data available (section 4(b) of the Act). Congress also made 
it clear in the Conference Report accompanying the 1982 amendments to 
the Act that ``economic considerations have no relevance to 
determinations regarding the status of species.'' If we were to 
consider the economic impacts of listing in the critical habitat 
designation analysis it would lead to confusion, because the 
designation analysis is meant to determine whether areas should be 
excluded from the designation of critical habitat based solely upon the 
costs and benefits of the designation, and not upon the costs and 
benefits of listing a species. Additionally, because the Act 
specifically precludes us from considering the economic impacts of the 
listing, it would be improper to consider those impacts in the context 
of an economic analysis of the critical habitat designation. Our 
economic analyses address how the actions we are currently considering 
may affect current or planned activities and practices; they do not 
address impacts associated with previous Federal actions, which in this 
case includes the listing of the toad as an endangered species. This 
method is consistent with the standards published by the Office of 
Management and Budget for preparing economic analyses under Executive 
Order 12866.
    (51) Comment: Several commenters believed that the economic 
analysis underestimated potential future section 7 consultations with 
other Federal agencies and questioned how we developed our estimates.
    Service response: Section 7 of the Act requires other Federal 
agencies to ensure that any action authorized, funded, or carried out 
by such agency is not likely to jeopardize the continued existence of 
any endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. To develop the estimate of 
potential future section 7 consultations that may be attributable to 
critical habitat designation, Service personnel were first asked to 
identify, for each critical habitat area, current and potential future 
land-use activities. In some cases we also contacted various Federal, 
State, and local representatives to clarify our understanding of some 
of these activities. Service personnel were then asked to consider how 
these activities affect the listed species and their habitat. For those 
activities that may affect a species or its habitat, we attempted to 
determine whether or not a Federal nexus existed that could lead to a 
section 7 consultation.
    Incremental section 7 consultations were then estimated based on 
previous consultation histories in the area. In areas for which 
consultation had already occurred, we looked at the potential that such 
a consultation would need to be reinitiated if critical habitat is 
designated. For other areas where activities had not yet been the 
subject of consultation, we estimated potential future section 7 
consultations likely attributable to critical habitat designation based 
on the presence of the toad and other listed species in the area, the 
likelihood of a Federal nexus, and the likelihood that a Federal agency 
would need to consult on such an activity based on the concerns of 
Service personnel along with the section 7 consultation history in the 
vicinity of the proposed critical habitat areas. In developing our 
estimates, we contacted personnel in other Federal agencies that have 
conducted section 7 consultations with the Service, or may in the 
future,

[[Page 9442]]

for their opinions on how critical habitat designation may or may not 
affect their perceived need to consult on current and future 
activities.
    (52) Comment: Some commenters believe that the draft economic 
analysis underestimated the potential costs of critical habitat 
designation.
    Service response: In preparing the economic analysis, we made an 
honest attempt to estimate the potential effects from critical habitat 
designation. As previously stated, we believe that many of the effects 
perceived by the public to be attributable to critical habitat would 
actually occur regardless of a critical habitat designation because the 
toad is a Federally protected species. Because we are attempting to 
estimate potential future effects from critical habitat designation, 
our estimates are based on potential future activities that are typical 
for the area. In reality, some individuals may experience impacts 
greater than we estimated, while others experience less. We were only 
able to identify the types of impacts likely to occur regarding the 
proposed critical habitat designation. The potential impacts we 
identified that could result include new or reinitiated section 7 
consultations, and perhaps some prolongment of ongoing consultations to 
address critical habitat concerns, as required under section 7 of the 
Act. In some cases, it is possible that we might suggest reasonable and 
prudent alternatives to the proposed activity that triggered the 
consultation, which would also be an impact. Also associated with 
consultations is the length of time required to carry out 
consultations, which may result in costs associated with project 
delays.
    We recognize that in some instances, the designation of critical 
habitat could result in a distorted real estate market because 
participants may incorrectly perceive that land within the critical 
habitat designation is subject to additional constraints. In truth, 
this is not the case because critical habitat designation for the toad 
does not add any extra protection, nor impact landowners beyond that 
associated with the listing of the species under the Act. As a result, 
we believe that any resulting distortion will be temporary and have a 
relatively insignificant effect on the real estate market as it should 
become readily apparent to market participants that critical habitat 
for the toad does not impose any additional constraints on landowners 
beyond those associated with the species' listing.
    (53) Comment: Some commenters disagreed with the assumption applied 
in the economic analysis that the designation of critical habitat will 
cause no impacts above and beyond those caused by the listing of the 
species within occupied habitat and that ``adverse modification'' and 
``jeopardy'' are different, will result in different impacts, and 
should be analyzed as such in the economic analysis.
    Service response: We disagree with the commenters' assertion that 
``jeopardy'' and ``adverse modification'' represent materially 
different standards. 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 both the survival and recovery of a listed 
species. Actions likely to result in the destruction or adverse 
modification of critical habitat are those that would appreciably 
reduce the value of critical habitat for both the survival and recovery 
of a 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 result in 
the destruction or adverse modification of critical habitat would 
almost always result in jeopardy to the species concerned, particularly 
within the geographic area occupied by the toad and that has already 
been identified in the recovery plan as essential habitat. Furthermore, 
we believe that other Federal agencies are aware of our concern for the 
toad within these areas and, as a consequence, the designation of 
proposed critical habitat will not result in any appreciable increase 
in section 7 consultations.
    (54) Comment: One commenter stated that the economic analysis did 
not address the economic impacts that critical habitat designation 
would have on regional water authorities.
    Service response: We disagree with this comment, and believe that 
the economic analysis does address the potential effects that critical 
habitat designation could have on regional water authorities. We 
specifically identified water authorities that are already consulting 
with us, as well as those that may need to consult in the future. We 
also discuss the estimates of future section 7 consultations in the 
economic analysis.
    (55) Comment: Several commenters requested that we consider the 
economic and other benefits of reducing development, and to keep in 
mind the identified beneficial uses of water in the designated 
drainages. They noted additional benefits of the critical habitat 
designation, such as reducing urban run-off, purifying run-off , 
allowing riparian vegetation to recover, and protecting recharge areas.
    Service response: Critical habitat designation only has the 
potential to benefit watershed drainages if it somehow affects either 
current or planned uses of the area under the ``without critical 
habitat'' baseline scenario. In most instances, we do not believe that 
critical habitat designation for the arroyo toad will have any 
significant effect on land use activities or management practices and, 
as a result, we believe that the designation will also have limited 
economic or environmental benefits above the listing.
    (56) Comment: Some commenters stated that the proposal focuses on 
agriculture as causing problems for the arroyo toad when, in reality, 
predation and roadkill are the biggest threats to the arroyo toad, and 
the Service is ignoring those. One commenter questioned our statements 
that agriculture has had negative effects on the arroyo toad and its 
habitat, and another stated that ongoing farm and ranch practices 
should be exempt from regulation. In particular, some commenters 
implied that the critical habitat designation would cripple the 
agricultural industry. Specifically, one commenter stated that 
agricultural revenue in affected counties is $7.8 billion when a 5:1 
multiplier is applied, and that this output is placed at risk by the 
critical habitat designation.
    Service response: We agree that predation by non-native species is 
a significant threat to arroyo toads. However, we disagree with the 
assertion that it has been or is at this time the greatest threat to 
the continued survival of the species. We have acknowledged the 
problems of predation or roadkill, and do not think that the proposal 
is solely focused on the issue of agriculture. All three topics are 
discussed extensively in the recovery plan, which we reference numerous 
times in this final rule. Historically, the greatest impacts to arroyo 
toad populations have been the construction of dams and the 
accompanying water management practices. More recently, intensive 
agriculture and urbanization have contributed greatly to the loss, 
degradation, and fragmentation of arroyo toad habitat. We received no 
new information during the public comment period to contradict this 
finding. Sand and gravel mining, improper livestock management 
practices, suction dredge mining, the invasion of non-native plant 
species, human recreational activities,

[[Page 9443]]

and non-native predators, combined with the losses of habitat, are 
significant threats to the species. The exact role each plays in the 
persistence of any given population varies depending on the presence 
and magnitude of each of the other threats. We are aware of the threat 
of predation by non-native species, and are working with several land 
management agencies to decrease the numbers of bullfrogs and non-native 
fish found in many watersheds. Simultaneously, we are working with the 
same and other agencies to reduce the impacts from water and livestock 
management practices, recreational activities, sand and gravel mining, 
roads, and non-native plants. The Service takes a multidisciplinary, 
multi-pronged, ecosystem level approach to the management of endangered 
species and their habitats.
    We disagree that the entire agricultural revenue stream is 
jeopardized, as the areas proposed for critical habitat do not cover 
the entire landscape in any county in which it is proposed, nor most of 
the agricultural land in those counties. Additionally, by designating 
critical habitat for the arroyo toad we are not precluding any lands 
from being farmed now or in the future. We do not exert any influence 
over land-use decisions on private property conducted by non-Federal 
government entities, unless such action results in a take of a 
federally listed species or requires a Federal action. As most 
agriculture in the counties in which critical habitat is designated for 
the arroyo toad occurs on private, not Federal, lands, there will be 
very limited effects on agriculture overall.
    (57) Comment: The designation of critical habitat for the arroyo 
toad will have a serious negative effect on the ability of the building 
industry to meet the demand for affordable housing.
    Service response: We are aware that some of the land that we have 
proposed as critical habitat for the arroyo toad faces significant 
development pressure. Development activities can have a significant 
effect on the land and the species dependent on the habitat being 
developed. We also recognize that many large-scale development projects 
are subject to some type of Federal nexus before work actually begins. 
As a result, we expect that future consultations, in part, will include 
planned and future real estate development.
    However it is very unlikely that these resulting consultations will 
take place solely in regard to critical habitat issues. While it is 
certainly true that development activities can adversely affect 
designated critical habitat, we believe that our future consultations 
regarding new housing development will take place because such actions 
have the potential to adversely affect a federally listed species. Such 
planned projects would require a section 7 consultation regardless of 
the critical habitat designation. Section 7 of the Act requires Federal 
agencies to consult with us whenever actions they fund, authorize, or 
carry out can jeopardize a listed species or adversely modify its 
critical habitat.
    (58) Comment: One commenter was concerned because of the perceived 
effect of critical habitat on implementation of the Southern California 
Association of Governments (SCAG) regional transportation plans.
    Service response: Because we have determined that the lands 
designated as critical habitat are within the geographic range occupied 
by the arroyo toad, this designation does not present any significant 
additional regulatory burdens upon Regional transportation projects 
beyond those attributable to the listing of the arroyo toad as a 
federally endangered species. Consequently, we do not believe that the 
designation of critical habitat for the arroyo toad adds any 
significant additional economic burden within critical habitat 
boundaries. In some cases, where an existing consultation is completed, 
a conference opinion has not been completed, the project not yet 
implemented, and the Federal action agency retains discretion (or such 
discretion is provided by law), agencies may need to reinitiate 
consultation to address possible impacts to critical habitat.
    (59) Comment: Some commenters asked why the burden of past losses 
is put upon those now undertaking activities in remaining arroyo toad 
habitat, or expressed the concern that certain groups of people are 
being unfairly targeted by the designation of critical habitat.
    Service response: We are sensitive to the concerns of the 
commenters, and encourage them and other parties to contact us to 
discuss specific issues. The intent of Congress in enacting the 
Endangered Species Act was to slow or halt the declines in the 
distributions and numbers of numerous species. These losses were most 
often due to habitat loss or degradation. Congress and the Act 
recognized the importance of both species and the ecosystems they 
depend on, and put in place prohibitions and mechanisms to recover 
those species at the risk of extinction. In many cases the agencies 
responsible for past losses of arroyo toads and their habitat have been 
required to alter their management practices to reduce direct losses of 
toads and to restore habitat to stabilize and expand existing 
populations. These include Federal agencies such as the Department of 
Defense and the Forest Service, as well as local agencies such as water 
districts. We are designating lands owned by Federal, State, and local 
agencies, as well as private lands in a wide variety of land use 
situations. No one landowner, land use category, or business category 
was focused on when we were selecting critical habitat.
    (60) Comment: Exemption of roads, homes, and shopping centers is 
improper and discriminatory, in that it provides for different 
standards in evaluating urban versus rural uses.
    Service response: We do not discriminate between projects or 
actions that are ``rural'' in nature, versus those that are ``urban'' 
in nature. As described elsewhere in this final rule, existing 
developments that no longer contain or support the primary constituent 
elements do not meet the criteria for critical habitat. In many cases, 
such development occurred before the species was listed. Federal 
agencies are not required to conference or consult with us until a 
species is proposed or listed, respectively. Development and activities 
that have taken place since the listing of the arroyo toad were 
reviewed and evaluated, as appropriate, under sections 7 and 10 of the 
Act. If a project or action was determined to be likely to have an 
effect on arroyo toads, a biological opinion or incidental take permit 
(the latter accompanied by an HCP) was issued. Such opinions and 
permits contain terms and conditions designed to avoid and minimize the 
adverse effects to the species.
    (61) Comment: One commenter expressed concern about possible 
closures of fly-fishing waters.
    Service response: We do not anticipate that any areas will be 
closed solely because they now fall within designated critical habitat 
boundaries. Current closures of areas inhabited by arroyo toads were 
made for several reasons. Some closures were to protect the toad and 
its habitat solely on the basis of the listing, others were due to 
generalized habitat degradation from recreational or other activities, 
some were triggered by massive landslides during the most recent El 
Nino events (1997-1998), and others were due to fires.
    (62) Comment: Some landowners expressed concern about how critical 
habitat designation may affect their particular properties, what they 
would and would not be allowed to do in the future because of the 
designation, and whether they would need to seek

[[Page 9444]]

incidental take authorization from us for every type of action taken on 
their property.
    Service response: We are sensitive to the concerns of individuals 
concerning their property rights. The designation of critical habitat 
for the arroyo toad does not impose any additional requirements or 
conditions on property owners beyond those imposed by the listing of 
the arroyo toad as a federally endangered species, nor does it 
establish a refuge, wilderness, reserve, preserve, or other special 
conservation area. All landowners, public and private, are responsible 
for making sure their actions do not result in the unauthorized taking 
of a listed species, regardless of whether or not the activity occurs 
within designated critical habitat. Take is defined by regulation to 
include ``significant habitat modification or degradation that actually 
kills or injures wildlife,'' which was upheld by the U.S. Supreme Court 
in Sweet Home Chapter of Communities for a Great Oregon et al. v. 
Babbitt.
    Furthermore, all Federal agencies are responsible to ensure that 
the actions they fund, permit or carry out do not jeopardize the 
continued existence of a listed species, regardless of critical habitat 
designation. ``Jeopardize the continued existence of'' means to engage 
in an action that reasonably would be expected, either directly or 
indirectly, to reduce appreciably the likelihood of survival and 
recovery of a listed species in the wild by reducing the reproduction, 
numbers or distribution of that species (50 CFR 402.02). Because we 
designated only areas within the geographic range occupied by the toad, 
any activity that would result in an adverse modification of the toad's 
critical habitat would virtually always also jeopardize the continued 
existence of the species. Federal agencies must consult with us, 
pursuant to section 7 of the Act, on all activities that will adversely 
affect the toad both within and outside of designated critical habitat.
    (63) Comment: The designation of critical habitat constitutes a 
taking by the Federal Government, and makes the government financially 
liable for losses in property values or due to prohibition of 
activities within the designated critical habitat.
    Service response: 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 arroyo toad. 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, we do not anticipate that property values will be 
affected by the critical habitat designation. While real estate market 
values may temporarily decline following designation, due to the 
perception that critical habitat designation may impose additional 
regulatory burdens on land use, we expect any such impacts to be short 
term. Additionally, critical habitat designation does not preclude 
development of HCPs and issuance of incidental take permits. Landowners 
in areas that are included in the designated critical habitat will 
continue to have the opportunity to utilize their property in ways 
consistent with the survival of the arroyo toad. Activities such as 
gold mining or recreational activities that occur within critical 
habitat are more likely to be restricted due to direct impacts to 
arroyo toads, rather than any incremental restrictions due to the 
designation of critical habitat.
    (64) Comment: One commenter stated that private sector uses of 
public lands should continue.
    Service response: Properly managed activities, whether on private 
or public lands, by private individuals or companies or by public 
agencies, can have varying levels and types of effects on arroyo toads 
and their habitat. It is incumbent on all of these entities to ensure 
that their activities do not take toads, either directly or indirectly, 
and Federal agencies must ensure that their activities do not destroy 
or adversely modify designated critical habitat. The Service is 
available to provide technical assistance to agencies and landowners in 
determining the most appropriate methods for avoiding take of arroyo 
toads and other listed species. If it is likely that take of arroyo 
toads or adverse effects to the critical habitat will occur, then it is 
incumbent on Federal agencies to enter into the consultation process. 
If it is likely that take of arroyo toads will occur on non-Federal 
lands without a federal nexus, then the project proponent should apply 
for an incidental take permit under section 10(A)(1)(b) of the Act. In 
most cases of private activities on public lands, there will be few, if 
any, additional terms and conditions due to the designation of critical 
habitat, as the presence of the arroyo toad itself makes it necessary 
for Federal agencies to consult with us before they issue permits for 
such activities. If we did not reach a jeopardy conclusion during the 
original consultation, it is highly unlikely that the reinitiation of 
consultation will result in a destruction or adverse modification 
conclusion.
    (65) Comment: We received a request that critical habitat be 
limited to publicly owned occupied habitat only.
    Service response: The Act requires us to identify, and if prudent, 
to designate those habitats that are essential to the conservation of 
the species and that may require special management, regardless of 
ownership. As we discuss in the section entitled Criteria Used to 
Identify Critical Habitat, we guided our selection of areas for 
designation, in part, by the information and analyses in the arroyo 
toad recovery plan. This plan identified rivers and streams where the 
protection and management of the toad and its habitat are necessary to 
achieve recovery goals. Once lands are identified as essential to the 
conservation of the species, we may designate or exclude areas based on 
economic and other impacts. While some lands have been excluded from 
this final designation, no single category of land ownership may be 
automatically excluded.
    (66) Comment: Some commenters believe that the designation of 
critical habitat will encourage the conversion of private farms and 
ranches to urban development, and that farms and ranches should be 
exempt from designation, as these land uses preserve open space and 
prevent conversion to urban development.
    Service response: We disagree with this comment. There are numerous 
programs available through the Fish and Wildlife Service and other 
Federal agencies to assist farmers and ranchers in developing 
appropriate management plans for lands that harbor threatened and 
endangered species, both where critical habitat is designated and where 
it is not. For example, the Landowner Incentive Program, provides funds 
for land management activities undertaken through Safe Harbor 
agreements. Such agreements provide assurances to landowners that 
additional regulatory burdens will not be placed upon them as a result 
of increased populations of listed species or the attraction of listed 
species to appropriately managed habitat. Numerous organizations can 
provide funding, technical assistance, and management oversight for 
lands on which conservation agreements have been established. We invite 
farmers and ranchers to continue to work with us and other agencies and 
organizations to ensure that imperiled species will have the space they 
need, farmers and ranchers will be able to retain their way

[[Page 9445]]

of life, and open space will not be lost to industrial and urban 
development.
    (67) Comment: The Service must perform a complete analysis of 
cumulative impacts from current and planned development, mining 
operations, and other activities.
    Service response: We are not required to estimate the cumulative 
effects of critical habitat designations as part of our rulemaking 
procedures. We are required to only consider the effect of the proposed 
government action, which in this case is the designation of critical 
habitat for the arroyo toad. The appropriate baseline to use in an 
analysis of a Federal action is the way the world would look absent the 
proposed regulation. Against this baseline, we attempt to identify and 
measure the incremental costs and benefits associated with the 
government action. Because the toad is already a federally protected 
species, any effects the listing has on the regulated community is 
considered part of the baseline scenario, which remains unaffected by 
our critical habitat designation.
    (68) Comment: One commenter indicated that the lower end of 
Bautista Creek (Unit 9)--from T5S, R1E Section 21 upstream to T5S, R1E 
Section 27--was not appropriate for critical habitat designation 
because the creek in this area flows first through a large debris basin 
and then into a concrete lined channel.
    Service response: We have examined maps and photos of this area and 
determined that it is not essential habitat for conserving the arroyo 
toad. The critical habitat boundaries on Bautista Creek have been 
modified to exclude areas downstream of the center of Section 27.
    (69) Comment: Several commenters suggested that the segment of the 
Whitewater River (Unit 22) below where the Colorado River Aqueduct 
crosses the river is not appropriate for critical habitat because of 
frequent water releases from the aqueduct into the river at this 
location to transport water to groundwater recharge basins in the 
Coachella Valley.
    Service response: We have examined the situation in this area and 
determined that portions of the Whitewater River below the Colorado 
River Aqueduct crossing are not essential habitat for conserving the 
arroyo toad. The critical habitat boundaries on the Whitewater River 
have been modified to exclude areas downstream of the aqueduct.
    (70) Comment: One commenter stated that it is not appropriate to 
consider Baker Canyon occupied by arroyo toads based on recent survey 
information and requested that we delete Baker Canyon from proposed 
critical habitat.
    Service response: Robert Fisher observed and collected an arroyo 
toad within Baker Canyon in 1985 (R.N. Fisher, pers. comm.), and high-
quality arroyo toad habitat still exists in this area. During 1997, 
surveys conducted at the Santiago Creek/Baker Canyon confluence did not 
detect the presence of arroyo toads (Harmsworth Associates 1998). 
However, this survey effort did not cover much of the area proposed as 
critical habitat, nor did it cover the area where the toad was observed 
in 1985. Reportedly, more comprehensive survey efforts within lower 
Baker Canyon during 2000 also failed to detect arroyo toads (Adrian 
Wolf, pers. comm.). Again, it is likely that portions of the area 
proposed as critical habitat were not covered by this effort, nor have 
the results been provided to us for our review. In many areas, breeding 
habitat conditions in 2000 were poor (e.g., dry stream courses) because 
of two consecutive years of below normal rainfall in southern 
California, leading to depressed arroyo toad breeding activity. During 
such conditions, we have found that protocol surveys can be ineffective 
at detecting arroyo toads, even in areas of known occupancy. Although 
it is possible that Baker Canyon is presently not occupied by arroyo 
toads, we regard this portion of critical habitat as essential to the 
conservation of the arroyo toad based on the need to safeguard a viable 
arroyo toad population within the Santa Ana Mountain portion of the 
species' range.

Summary of Changes From Proposed Designation

    Based on a review of public comments received on the proposed 
determination of critical habitat for the arroyo toad, we re-evaluated 
our proposed designation of critical habitat for the arroyo toad. This 
resulted in several significant changes that are reflected in this 
final determination. These include: (1) A reduction in the minimum 
mapping unit for defining critical habitat boundaries, (2) the 
truncation of some stream reaches based on a determination that certain 
lands are not essential to the conservation of the arroyo toad or that 
such lands do not need special management, and (3) the exclusion under 
section 4(b)(2) of Camp Pendleton because the designation would 
significantly impair critical, ongoing training and related operations. 
A more detailed discussion of each of these issues follows.
    We refined the minimum mapping unit for the designation, from the 1 
km square grid cells used in the proposed rule to 250 m grid cells (\1/
16\th the size of 1 km cells), so that lands essential to arroyo toad 
conservation are more precisely identified. We then superimposed the 
critical habitat boundaries on digital orthophoto quarter-quadrangle 
(DOQQ) imagery and to remove from critical habitat urban or developed 
areas that are not essential to the conservation of the arroyo toad. 
The final critical habitat designation covers 73,780 ha (182,360 ac), a 
reduction of 62 percent from the proposal.
    Based on our evaluation of information received during the comment 
periods and site visits made to some of the proposed units, we reduced 
the extent of some of the stream reaches proposed as critical habitat. 
These changes were based on determinations that certain lands are not 
essential to the conservation of the arroyo toad or that such lands do 
not need additional special management. Specifically, we reduced the 
extent of the designated stream reaches in Unit 1, San Antonio River, 
Monterey County; Unit 2, Sisquoc River, Santa Barbara County; Unit 6, 
Upper Santa Clara River, Los Angeles County; Unit 9, San Jacinto River 
and Bautista Creek, Riverside County; Unit 17, San Vicente Creek, San 
Diego County; Unit 20, Little Rock Creek, Los Angeles County; and Unit 
22, Whitewater River, Riverside County. The specifics for each unit are 
given below.
    For Unit 1, the San Antonio River on Fort Hunter Liggett in 
Monterey County, we reduced the northern extent of the stream reach, 
which reduced the critical habitat unit by 1,300 ha (3,210 ac). The 
habitat in and adjacent to the reach from Forest Creek to just above 
Mission Creek is of lower quality than that of the remaining 27 km 
stretch of the river that is included. While the reach may provide 
breeding habitat for arroyo toads in years when other stretches are 
fully occupied, we do not believe it is essential to the recovery of 
the arroyo toad in the Northern Recovery Unit. If arroyo toads do occur 
there, the Army will have to conduct any activities in accordance with 
terms and conditions that will be established under a new programmatic 
biological opinion covering ongoing training, operations, and 
maintenance activities. The Army has opened discussions with us on 
their existing programmatic opinion, and recently submitted a draft 
management plan for the arroyo toad. When these documents are 
completed, the Service, if time and funding permit, will reassess the 
critical habitat boundaries in light of the plans. Until such time, we 
believe

[[Page 9446]]

the needs of the toads on Fort Hunter Liggett still require special 
management.
    In Unit 2, the Sisquoc River in Santa Barbara County, we eliminated 
the lower portion of the river, from the confluence with the Santa 
Maria River to just below the confluence with La Brea Creek. This 
reduced the critical habitat unit by 4,300 ha (10,625 ac). We have very 
little information on arroyo toads in this area, and much of the 
habitat has been altered by ongoing agricultural and mining practices. 
We believe sufficient high-quality habitat is available in the 
remaining 3,385 ha (8,360 ac) of river and upland habitat to enable the 
stabilization and expansion of the arroyo toad population in this 
drainage.
    In Unit 6, the Upper Santa Clara River basin, we have made 
substantial changes. Unit 6a has remained the same on the maps, 
although the description has changed to correct inaccuracies in the 
proposed rule. A large portion of the proposed Unit 6b, including the 
mainstem of the river and the lower portion of San Francisquito Creek, 
has been eliminated, reducing the critical habitat unit size by 7,000 
ha (17,300 ac). The remaining portions are identified in this final 
rule as Unit 6b (Castaic Creek) and Unit 6c (San Francisquito Creek). 
We believe that, under the Natural River Management Plan (NRMP) 
(Valencia Company 1998), the river and creek will continue to function 
as a dispersal corridor for arroyo toads between Castaic Creek to San 
Francisquito Creek. We incorporated this area in the proposal to 
provide for such a corridor. We believe the geomorphology and natural 
hydrologic regime (deep sandy sediments with generally subsurface flow 
for much of the rearing period), coupled with human activities and 
changes, have precluded the establishment and maintenance of a breeding 
population. We do not believe it is in the best interests of the arroyo 
toad and other listed species to focus recovery efforts for the toad on 
the mainstem of the river. As the NRMP and associated conservation 
easements will not allow actions or activities that would impede 
migration, we believe that this area has sufficient special management 
in place. Castaic Creek upstream of the confluence with the Santa Clara 
River and San Francisquito Creek upstream of the NRMP boundary do not 
have adequate conservation easements or special management plans in 
place to provide adequately for arroyo toads in these areas. As with 
lands covered by an incidental take permit issued under section 
10(a)(1)(B) and accompanying HCPs, if these areas are, in the future, 
protected with conservation easements or other management plans that do 
adequately address the needs of the toads, the Service will reassess 
the critical habitat boundaries in light of the easements and plans. 
The Service will try to undertake this review when the easement or plan 
is approved, but funding constraints may influence the timing of such a 
review. However, such agreements can proceed without a concurrent 
amendment to the critical habitat designation should all parties agree.
    In Unit 9, San Jacinto River/Bautista Creek, we removed the lower 2 
km (1.2 mi) stretch of Bautista Creek because it is channelized and no 
longer supports breeding habitat for the arroyo toad. Significant areas 
of developed lands were excluded because of the refined mapping unit, 
resulting in an overall reduction of about 3,660 ha (9,180 ac) in the 
unit size. We believe the remaining 1,710 ha (4,220 ac) will provide 
sufficient habitat for the conservation of the arroyo toads in this 
unit.
    In Unit 17, San Diego River/San Vicente Creek, approximately 5 km 
(3 mi) of upper San Vicente Creek was removed from critical habitat 
boundaries because the creek flows through a dense residential 
development (i.e., San Diego Country Estates) in this area and we 
believe there is no longer sufficient upland habitat there to sustain 
arroyo toads. Along with the reduction in areal coverage resulting from 
the refined mapping unit, this resulted in the splitting of the 
proposed subunit 17a into two final subunits, 17a and 17d. The total 
reduction for this unit was approximately 3,500 ha (8,665 ac).
    In Unit 19, Cottonwood Creek Basin, approximately 8 km (5 mi) of La 
Posta Creek were removed from critical habitat because there is no 
documentation (either recent or historic) of arroyo toads inhabiting 
the upper part of this drainage; thus, the area is not considered to be 
essential to the species' conservation. The unit was reduced from 
18,000 ha (44,500 ac) in the proposed rule to 7,990 ha (19,740 ac) in 
the final designation. However, most of that reduction can be 
attributed to the smaller mapping unit.
    In Unit 20, Little Rock Creek, approximately 5 km (3.1 mi) of 
Little Rock Creek below Little Rock Reservoir, a total of 1,000 ha 
(2,470 ac), was removed from critical habitat. Recent surveys by the 
Forest Service have not found arroyo toads downstream of the reservoir, 
and flow is subsurface in much of the stretch, making it unsuitable as 
rearing habitat. If arroyo toads are found on lands under Forest 
Service management, they will address these under appropriate 
management guidelines. If a population does become established in this 
area, we will reconsider the area as possible critical habitat, given 
time and funding constraints.
    In Unit 22, the Whitewater River in Riverside County, we have 
removed the segment of proposed critical habitat downstream from the 
Colorado River Aqueduct, a stretch of approximately 3 km (2 mi). This 
reduced the unit size by about 700 ha (1,730 ac). The area is sparse in 
vegetative cover, channelized below Interstate 10, and subject to 
instantaneous and random changes in water levels. Water is periodically 
released from the Colorado River aqueduct into the Whitewater River to 
a series of percolation ponds for the purpose of recharging the 
Coachella Valley aquifer. The refined mapping unit eliminated 
approximately 800 ha (1,980 ac). We believe the remaining 10 km (6 mi) 
and 865 ha (2,150 ac) will provide sufficient habitat for the long-term 
conservation of the arroyo toad in this unit.
    Marine Corps Base Camp Pendleton is the Marine Corps' only 
amphibious training base on the west coast. During the public comment 
periods for the proposal, the Marines informed us that the designation, 
if made final, had ``the potential to substantially degrade the 
military capabilities of both the installation and assigned operational 
forces.'' Because designation would significantly impair critical 
training, we excluded Camp Pendleton from this final designation. Our 
rationale for this exclusion is discussed in more detail in the section 
``Exclusions under section 4(b)(2),'' above.

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.
    Economic effects caused by listing the arroyo toad as an endangered 
species, and by other statutes, are the baseline against which the 
effects of critical habitat designation are evaluated. The economic 
analysis must then examine the incremental economic and conservation 
effects and benefit of the

[[Page 9447]]

critical habitat designation. Economic effects are measured as changes 
in national income, regional jobs, and household income. An analysis of 
the economic effects of the proposed arroyo toad critical habitat 
designation was prepared (Industrial Economics, Incorporated, 2000) and 
made available for public review (November 9 to December 11, 2000; 65 
FR 67334). The final analysis, which reviewed and incorporated public 
comments, concluded that no significant economic impacts are expected 
from critical habitat designation above and beyond that already imposed 
by listing the arroyo toad. The most likely economic effects of 
critical habitat designation are on activities funded, authorized, or 
carried out by a Federal agency. The analysis examined the effects of 
the proposed designation on: (1) Re-initiation of section 7 
consultations, (2) length of time in which section 7 consultations are 
completed, and (3) new consultations resulting from the determination. 
We believe that any project that would adversely modify or destroy 
critical habitat would also jeopardize the continued existence of the 
species, and that reasonable and prudent alternatives to avoid 
jeopardizing the species would also avoid adverse modification of 
critical habitat. Thus, no appreciable regulatory burden or associated 
significant additional costs would accrue because of critical habitat 
above and beyond that resulting from listing. Our economic analysis 
does recognize that there may be costs from delays associated with 
reinitiating completed consultations after the critical habitat 
designation is made final. There may also be economic effects due to 
the reaction of the real estate market to critical habitat designation, 
as real estate values may be lowered due to perceived increase in the 
regulatory burden. However, we believe this impact will be short-term.
    A copy of the final economic analysis and description of the 
exclusion process with supporting documents are included in our 
administrative record and may be obtained by contacting the Ventura or 
Carlsbad offices (see ADDRESSES section).

Required Determinations

1. Regulatory Planning and Review

    This document has been reviewed by the Office of Management and 
Budget (OMB), in accordance with Executive Order 12866. OMB makes the 
final determination 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 arroyo toad 
was listed as an endangered species in 1994. In fiscal years 1994 
through 1999, the Ventura and Carlsbad Fish and Wildlife Offices 
conducted or are in the process of conducting, 27 and 55, respectively, 
formal section 7 consultations with other Federal agencies to ensure 
that their actions would not jeopardize the continued existence of the 
arroyo toad. No section 10(a)(1)(B) incidental take permits for arroyo 
toads have been issued by the Ventura office, although two HCPs are in 
the early planning stages. The Carlsbad office has issued six HCPs.
    Under the Act, critical habitat may not be adversely modified by a 
Federal agency action; the Act does not impose any restrictions through 
critical habitat designation on non-Federal persons unless they are 
conducting activities funded or otherwise sponsored, authorized, or 
permitted by a Federal agency. 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 
(see Table 3).

      Table 3.--Impacts of Arroyo Toad Listing and Critical Habitat
                               Designation
------------------------------------------------------------------------
                                  Activities
                                 potentially      Additional activities
   Categories of activities      affected by     potentially affected by
                               species listing      critical habitat
                                   only \1\          designation \2\
------------------------------------------------------------------------
Federal Activities             Removing,        None.
 Potentially Affected \3\.      degrading, or
                                destroying
                                arroyo toad
                                habitat (as
                                defined in the
                                primary
                                constituent
                                elements
                                discussion),
                                whether by
                                activities
                                such as road
                                construction,
                                grading, and
                                maintenance;
                                fencing; off-
                                road vehicle
                                use; airport
                                improvement
                                activities;
                                road right-of-
                                way
                                designation;
                                overgrazing;
                                mining
                                activities
                                including
                                suction
                                dredging;
                                recreational
                                activities
                                including
                                development of
                                campgrounds;
                                changes in
                                long and short-
                                term water
                                flows
                                including
                                damming,
                                diversion,
                                alteration by
                                agriculture
                                and
                                urbanization,
                                and
                                channelization
                                ; military
                                training and
                                maneuvers;
                                licensing for
                                construction
                                of
                                communication
                                sites;
                                chemical
                                applications,
                                or other means
                                including
                                herbicide or
                                pesticide
                                application,
                                etc.); and
                                appreciably
                                decreasing
                                habitat value
                                or quality
                                through
                                indirect
                                effects (edge
                                effects,
                                invasion of
                                exotic plants
                                or animals, or
                                fragmentation
                                that the
                                Federal
                                Government
                                carries out).
Private Activities             Removing,        None.
 Potentially Affected \4\.      degrading, or
                                destroying
                                arroyo toad
                                habitat (as
                                defined in the
                                primary
                                constituent
                                elements
                                discussion),
                                whether by
                                activities
                                such as road
                                construction,
                                grading, and
                                maintenance;
                                fencing; off-
                                road vehicle
                                use; airport
                                improvement
                                activities;
                                road right-of-
                                way
                                designation;
                                overgrazing;
                                mining
                                activities
                                including
                                suction
                                dredging;
                                recreational
                                activities
                                including
                                development of
                                campgrounds;
                                changes in
                                long and short-
                                term water
                                flows
                                including
                                damming,
                                diversion,
                                alteration by
                                agriculture
                                and
                                urbanization,
                                and
                                channelization
                                ; military
                                training and
                                maneuvers;
                                licensing for
                                construction
                                of
                                communication
                                sites;
                                chemical
                                applications,
                                or other means
                                including
                                herbicide or
                                pesticide
                                application,
                                etc.); and
                                appreciably
                                decreasing
                                habitat value
                                or quality
                                through
                                indirect
                                effects (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 arroyo toad as an endangered species (December 16, 1994 59
  FR 64859) under the Endangered Species Act.
\2\ This column represents the 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 entity that may need Federal
  authorization or funding.


[[Page 9448]]

    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).
    (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 arroyo toad since the listing in 1994. 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. Because of the potential for impacts on 
other Federal agency activities, we will continue to review this 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 
prohibition (resulting from critical habitat designation) will have any 
significant incremental effects in areas of occupied habitat.
    (d) This rule will not raise novel legal or policy issues. This 
final determination follows the requirements for designating critical 
habitat contained in the Act.

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

    In the economic analysis, we determined that designation of 
critical habitat will not have a significant effect on a substantial 
number of small entities. As discussed under Regulatory Planning and 
Review above and in this final determination, 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 
2 (see Critical Habitat Designation section), we designated property 
owned by Federal, Tribal, 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 Army Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by any Federal agency;
    (3) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities on Federal lands (such as 
those managed by the Service, Forest Service, DOD, or BLM);
    (4) Regulation of grazing, mining, and recreation by the BLM, 
Department of Defense, Army Corps, or Forest Service;
    (5) Regulation of airport improvement activities by the Federal 
Aviation Administration;
    (6) Military training and maneuvers and, facilities operations and 
maintenance on Fort Hunter Liggett 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) Licensing of construction of communication sites by the Federal 
Communications Commission, and;
    (9) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, Federal Emergency Management Agency, 
Federal Highway Administration, or any other Federal agency.
    Many of the activities sponsored by Federal agencies within 
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 occupied areas as critical habitat is not 
anticipated to have any additional effects on these activities.
    For actions on non-Federal property that do not have a Federal 
connection (such as funding or authorization), the current restrictions 
concerning take of the species remain in effect, and this final rule 
will add no further restrictions.

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

    In the economic analysis, we determined whether designation of 
critical habitat would 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; 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. Please refer to the final economic analysis for a 
discussion of the effects of this determination.

4. 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 to result from 
critical habitat designation of occupied areas.
    (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.

5. 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 arroyo toad. Due to current public knowledge of the specie's 
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, we do not anticipate that 
property values will be affected by the critical habitat designation. 
While real estate market values may temporarily decline following 
designation, due to the perception that critical habitat designation 
may impose additional regulatory burdens on land use, we expect any 
such impacts to be short term. Additionally, critical habitat 
designation does not preclude development of HCPs and issuance of 
incidental take permits. Owners of areas

[[Page 9449]]

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 arroyo toad.

6. 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, we requested information from and coordinated 
development of this critical habitat designation with appropriate State 
resource agencies in California. The designation of critical habitat in 
areas currently occupied by the arroyo toad 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).

7. 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 designated critical habitat in accordance with the 
provisions of the Endangered Species Act. 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 arroyo toad.

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

    This rule does not contain any information collection requirements 
that require OMB approval under the Paperwork Reduction Act.

9. 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). This final determination 
does not constitute a major Federal action significantly affecting the 
quality of the human environment.

10. Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) E.O. 13175, and 512 DM 2, we coordinated 
with federally recognized Tribes on a Government-to-Government basis. 
We determined that certain Tribal lands are essential for the 
conservation of the arroyo toad because they support essential 
populations and habitat, and activities conducted or planned on those 
lands may adversely affect the conservation of the arroyo toad. 
Therefore, we are designating critical habitat for the arroyo toad on 
some Tribal lands. Information relative to each reservation is included 
in the critical habitat unit descriptions. We have excluded some areas 
from critical habitat upon a determination that the lands did not meet 
the criteria for critical habitat. The changes are detailed in the 
Changes from the Proposed Rule section.

Relationship to Mexico

    We are not aware of any existing national level regulatory 
mechanism in Mexico that would protect the arroyo toad or its habitat. 
Although new legislation for wildlife is pending in Mexico and Mexico 
has laws that could provide protection for rare species, there are 
enforcement challenges. Even if specific protections were available and 
enforceable in Mexico, the portion of the arroyo toad's range in Mexico 
alone, in isolation, would not be adequate to ensure the long-term 
conservation of the species.

References Cited

    A complete list of all references cited in this rulemaking is 
available upon request from either the Field Supervisor, Ventura Fish 
and Wildlife Office, or the Field Supervisor, Carlsbad Fish and 
Wildlife Office (see ADDRESSES section).

Author(s)

    The primary authors of this rule are Grace McLaughlin (Ventura) and 
John Stephenson (Carlsbad) (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations as set forth below:

PART 17--[AMENDED]

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

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

    2. In Sec. 17.11(h) revise the entry for ``Toad, arroyo 
southwestern'' under ``AMPHIBIANS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 9450]]



 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                 Vertebrate
------------------------------------------------------                      population where                                                   Special
                                                         Historic range       endangered or        Status     When listed  Critical habitat     rules
           Common name              Scientific name                            threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
           Amphibians
 
                   *                  *                  *                  *                  *                  *                  *
Toad, arroyo (= arroyo south-     Bufo californicus..  U.S.A. (CA),        Entire............  E                      568  17.95(d)                   NA
 western).                                              Mexico.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. Amend Sec. 17.95(d) by adding critical habitat for the arroyo 
toad (Bufo californicus), in the same alphabetical order as the species 
occurs in Sec. 17.11(h).


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *

Arroyo Toad (Bufo californicus)

    1. Critical habitat units are depicted for Monterey, Santa 
Barbara, Ventura, Los Angeles, San Bernardino, Riverside, Orange, 
and San Diego counties, California, on the maps below.
    2. Critical habitat includes stream and river courses, riparian 
habitats, and adjacent terrace and upland habitats.
    3. Within these areas, primary constituent elements for the 
arroyo toad include a hydrologic regime that supplies sufficient 
flowing water of suitable quality at the appropriate times to 
provide space, food, and cover needed to sustain eggs, tadpoles, 
metamorphosing juveniles, and adult breeding toads; low-gradient 
stream segments (typically less than 4 percent) with sandy or fine 
gravel substrates which support the formation of shallow pools and 
sparsely vegetated sand and gravel bars for breeding and rearing of 
tadpoles and juveniles; a natural flooding regime or one 
sufficiently corresponding to a natural regime that will 
periodically scour riparian vegetation, rework stream channels and 
terraces, and redistribute sands and sediments, such that adequate 
numbers and sizes of breeding pools and sufficient terrace habitats 
with appropriate vegetation are maintained to provide for the needs 
of all life stages of the toad; upland habitats of sufficient width 
and quality (i.e., with areas of loose, sandy soil where toads can 
burrow underground) to provide foraging and living areas for 
subadult and adult arroyo toads (loose, sandy soils are typically 
most prevalent on alluvial terraces and valley bottomlands and occur 
primarily, but not exclusively, within 1.5 km (0.9 mi) of the 
streamcourse and less than 25 m (80 ft) in elevation above the 
adjacent stream channel); few or no nonnative species that prey upon 
or compete with arroyo toads, or degrade their habitat; stream 
channels and upland habitats where manmade barriers do not 
completely or substantially impede migration to overwintering sites, 
dispersal between populations, or recolonization of temporarily 
unoccupied areas that contain suitable habitat; and habitats free 
of, or with limited levels of, land use activities that 
substantially reconfigure stream channels, remove or impede the 
deposition of sand and gravel deposits, compact soils, or crush 
individual toads (see maps labeled Index 1 and Index 2 for overview 
of proposed critical habitat).
    4. Critical habitat does not include existing features and 
structures, such as building, aqueducts, airports, and other 
developed areas not containing one or more of the primary 
constituent elements.

[[Page 9451]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.000


[[Page 9452]]


[GRAPHIC] [TIFF OMITTED] TR07FE01.001


[[Page 9453]]


[GRAPHIC] [TIFF OMITTED] TR07FE01.002

    Map Unit 1: San Antonio River, Monterey County, California. From 
USGS 1:24,000 quadrangle maps Bear Canyon, Cosio Knob, Jolon, and 
Williams Hill, the lands bounded by the following Universal 
Transverse Mercator (UTM) zone 10, North American Datum 1927 (NAD27) 
coordinates (E, N): 656250, 3988250; 655500, 3988250; 655500, 
3988750; 657000, 3988750; 657000, 3988250; 656750, 3988250; 656750, 
3987750; 657000, 3987750; 657000, 3987000; 657500, 3987000; 657500, 
3986500; 658000, 3986500; 658000, 3986000; 658250, 3986000; 658250, 
3985750; 658500, 3985750; 658500, 3985500; 658750, 3985500; 658750, 
3985000; 659000, 3985000; 659000, 3984500; 659500, 3984500; 659500, 
3984000; 659250, 3984000; 659250, 3983750; 659750, 3983750; 659750, 
3983500; 660000, 3983500; 660000, 3983250; 660500, 3983250; 660500, 
3983000; 660750, 3983000; 660750, 3982750; 661000, 3982750; 661000, 
3982500; 661750, 3982500; 661750, 3982250; 662250, 3982250; 662250, 
3982000; 663000, 3982000; 663000, 3981500; 663750, 3981500; 663750, 
3981250; 664000, 3981250; 664000, 3981000; 664250, 3981000; 664250, 
3980750; 664500, 3980750; 664500, 3980500; 664750, 3980500; 664750, 
3981000; 665250, 3981000; 665250, 3980000; 665500, 3980000; 665500, 
3979750; 665750, 3979750; 665750, 3979250; 666000, 3979250; 666000, 
3979000; 666750, 3979000; 666750, 3978500; 667000, 3978500; 667000, 
3978000; 667250, 3978000; 667250, 3977750; 667500, 3977750; 667500, 
3977500; 668500, 3977500; 668500, 3977000; 668250, 3977000; 668250, 
3976500; 668500, 3976500; 668500, 3976250; 668750, 3976250; 668750, 
3976000; 669250, 3976000; 669250, 3975250; 669750, 3975250; 669750, 
3975000; 670500, 3975000; 670500, 3974750; 670750, 3974750; 670750, 
3974500; 671250, 3974500; 671250, 3974250; 671500, 3974250; 671500, 
3974000; 672000, 3974000; 672000, 3974250; 672250, 3974250; 672250, 
3974500; 672500, 3974500; 672500, 3975000; 673000, 3975000; 673000, 
3974750; 673250, 3974750; 673250, 3974500; 673500, 3974500; 673500, 
3974250; 674250, 3974250; 674250, 3974000; 674500, 3974000; 674500, 
3973750; 674750, 3973750; 674750, 3973000; 674000, 3973000; 674000, 
3973250; 673750, 3973250; 673750, 3973500; 673000, 3973500; 673000, 
3973750; 672500, 3973750; 672500, 3973250; 671250, 3973250; 671250, 
3973500; 671000, 3973500; 671000, 3973750; 670500, 3973750; 670500, 
3974000; 669500, 3974000; 669500, 3974250; 669000, 3974250; 669000, 
3974500; 668500, 3974500; 668500, 3975250; 668250, 3975250; 668250, 
3975500; 667750, 3975500; 667750, 3975750; 667500, 3975750; 667500, 
3976250; 667250, 3976250; 667250, 3976500; 667000, 3976500; 667000, 
3976750; 666750, 3976750; 666750, 3977000; 666250, 3977000; 666250, 
3977250; 665750, 3977250; 665750, 3977500; 665500, 3977500; 665500, 
3978000; 665000, 3978000; 665000, 3978250; 664750, 3978250; 664750, 
3978750; 664500, 3978750; 664500, 3979000; 663750, 3979000; 663750, 
3979250; 663500, 3979250; 663500, 3979750; 663250, 3979750; 663250, 
3980000; 662750, 3980000; 662750, 3980250; 662500, 3980250; 662500, 
3980500; 662000, 3980500; 662000, 3980750; 661750, 3980750; 661750, 
3981000; 661250, 3981000; 661250, 3981250; 661000, 3981250; 661000, 
3981500; 660500, 3981500; 660500, 3981750; 660000, 3981750; 660000, 
3982000; 659750, 3982000; 659750, 3982250; 659500, 3982250; 659500, 
3982500; 659250, 3982500; 659250, 3982750; 659000, 3982750; 659000, 
3983000; 658500, 3983000; 658500, 3983250; 658250, 3983250; 658250, 
3983500; 658000, 3983500; 658000, 3985000; 657750, 3985000; 657750, 
3985250; 657500, 3985250; 657500, 3985750; 657250, 3985750; 657250, 
3986250; 657000, 3986250; 657000, 3986500; 656500, 3986500; 656500, 
3987250; 656250, 3987250; 656250, 3988250; excluding land bounded by 
656250, 3988250; 656500, 3988250; 656500, 3988500; 656250, 3988500; 
656250, 3988250.

[[Page 9454]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.003

    Map Unit 2: Sisquoc River, Santa Barbara and San Luis Obispo 
Counties, California. From USGS 1:24,000 quadrangle maps Foxen 
Canyon, Zaca Lake, Bald Mtn., and Hurricane Deck. Beginning at 120 
degrees West Longitude at UTM zone 10, NAD27 y-coordinate 3857500, 
the lands bounded by the following UTM zone 10, NAD27 coordinates 
(E, N): 773750, 3837500; 773750, 3858000; 772750, 3858000; 772750, 
3858250; 772250, 3858250; 772250, 3858500; 771750, 3858500; 771750, 
3859000; 771500, 3859000; 771500, 3859250; 770250, 3859250; 770250, 
3859500; 769000, 3859500; 769000, 3859750; 768750, 3859750; 768750, 
3860000; 768500, 3860000; 768500, 3859500; 767250, 3859500; 767250, 
3859250; 767000, 3859250; 767000, 3859000; 766000, 3859000; 766000, 
3858500; 765750, 3858500; 765750, 3858000; 764000, 3858000; 764000, 
3857750; 763500, 3857750; 763500, 3858250; 762750, 3858250; 762750, 
3858000; 762250, 3858000; 762250, 3857750; 761750, 3857750; 761750, 
3857500; 760500, 3857500; 760500, 3857750; 760250, 3857750; 760250, 
3858000; 759750, 3858000; 759750, 3858250; 759500, 3858250; 759500, 
3858500; 759000, 3858500; 759000, 3858000; 758750, 3858000; 758750, 
3857750; 758500, 3857750; 758500, 3858000; 757750, 3858000; 757750, 
3858250; 757250, 3858250; 757250, 3858500; 756250, 3858500; 756250, 
3858750; 755500, 3858750; 755500, 3858500; 753500, 3858500; 753500, 
3859750; 753250, 3859750; 753250, 3860250; 754500, 3860250; 754500, 
3860000; 755000, 3860000; 755000, 3860250; 756250, 3860250; 756250, 
3860500; 756750, 3860500; 756750, 3859750; 757750, 3859750; 757750, 
3859500; 758000, 3859500; 758000, 3859250; 758250, 3859250; 758250, 
3859000; 758500, 3859000; 758500, 3858750; 758750, 3858750; 758750, 
3859250; 759750, 3859250; 759750, 3859000; 760000, 3859000; 760000, 
3858750; 760500, 3858750; 760500, 3858500; 761000, 3858500; 761000, 
3858000; 761250, 3858000; 761250, 3858250; 761750, 3858250; 761750, 
3858750; 762250, 3858750; 762250, 3859000; 762500, 3859000; 762500, 
3858750; 762750, 3858750; 762750, 3859000; 763000, 3859000; 763000, 
3858750; 764000, 3858750; 764000, 3858500; 765000, 3858500; 765000, 
3858750; 765250, 3858750; 765250, 3859000; 765750, 3859000; 765750, 
3859250; 766000, 3859250; 766000, 3859500; 766500, 3859500; 766500, 
3859750; 767250, 3859750; 767250, 3860000; 767750, 3860000; 767750, 
3860500; 768250, 3860500; 768250, 3860750; 769000, 3860750; 769000, 
3860250; 770500, 3860250; 770500, 3860000; 771000, 3860000; 771000, 
3859750; 772000, 3859750; 772000, 3859500; 772250, 3859500; 772250, 
3859000; 773000, 3859000; 773000, 3858750; 773500, 3858750; 773500, 
3858500; 774250, 3858500; 774250, 3858000; to 120 degrees West 
Longitude at UTM zone 10, NAD27 y-coordinate 3858000; excluding land 
bounded by 756750, 3859750; 756500, 3859750; 756500, 3859500; 
756750, 3859500; 756750, 3859750; thence from 120 degrees West 
Longitude at UTM zone 11, NAD27 y-coordinate 3858000; the lands 
bounded by the following UTM zone 11, NAD27 coordinates (E, N): 
228250, 3858000; 228250, 3858250; 228500, 3858250; 228500, 3858000; 
229500, 3858000; 229500, 3858250; 230250, 3858250; 230250, 3858750; 
230500, 3858750; 230500, 3859500; 230750, 3859500; 230750, 3859750; 
231500, 3859750; 231500, 3860000; 231750, 3860000; 231750, 3860250; 
232250, 3860250; 232250, 3859750; 232500, 3859750; 232500, 3859500; 
232750, 3859500; 232750, 3859000; 233000, 3859000; 233000, 3858750; 
233750, 3858750; 233750, 3859000; 234000, 3859000; 234000, 3858750; 
234250, 3858750; 234250, 3858500; 235250, 3858500; 235250, 3858250; 
235500, 3858250; 235500, 3858000; 236500, 3858000; 236500, 3857750; 
237500, 3857750; 237500, 3857500; 237750, 3857500; 237750, 3857250; 
238500, 3857250; 238500, 3857000; 238750, 3857000; 238750, 3857250; 
239000, 3857250; 239000, 3857000; 239500, 3857000; 239500, 3856750; 
239750, 3856750;

[[Page 9455]]

239750, 3856500; 240500, 3856500; 240500, 3856250; 241250, 3856250; 
241250, 3856000; 241750, 3856000; 241750, 3855750; 242000, 3855750; 
242000, 3856000; 242250, 3856000; 242250, 3855750; 242750, 3855750; 
242750, 3855500; 243750, 3855500; 243750, 3855000; 243500, 3855000; 
243500, 3854500; 243000, 3854500; 243000, 3855000; 242500, 3855000; 
242500, 3855250; 241500, 3855250; 241500, 3855500; 240750, 3855500; 
240750, 3855250; 240500, 3855250; 240500, 3855500; 240250, 3855500; 
240250, 3855750; 239750, 3855750; 239750, 3856000; 239500, 3856000; 
239500, 3856250; 239250, 3856250; 239250, 3856500; 238750, 3856500; 
238750, 3856750; 238500, 3856750; 238500, 3856500; 238250, 3856500; 
238250, 3856750; 237500, 3856750; 237500, 3857000; 236750, 3857000; 
236750, 3857250; 235750, 3857250; 235750, 3857500; 235250, 3857500; 
235250, 3857750; 234000, 3857750; 234000, 3858000; 233750, 3858000; 
233750, 3858250; 233500, 3858250; 233500, 3858000; 233000, 3858000; 
233000, 3858250; 232500, 3858250; 232500, 3858750; 232250, 3858750; 
232250, 3859250; 232000, 3859250; 232000, 3859500; 231250, 3859500; 
231250, 3858750; 231000, 3858750; 231000, 3858000; 230750, 3858000; 
230750, 3857750; 229500, 3857750; 229500, 3857500; 228000, 3857500; 
228000, 3857250; 225750, 3857250; 225750, 3857500; to 120 deg. West 
Longitude at UTM zone 11, NAD27 y-coordinate 3857500.
    All remaining critical habitat units are in Universal Transverse 
Mercator zone 11, North American Datum 1927 (NAD27).
    Map Unit 3: Upper Santa Ynez River Basin, Santa Barbara County, 
California. From USGS 1:24,000 quadrangle maps Little Pine Mtn., 
Hildreth Peak, and Carpinteria, the lands bounded by the following 
UTM coordinates (E, N): 261750, 3833000; 262500, 3833000; 262500, 
3832750; 262250, 3832750; 262250, 3832250; 262000, 3832250; 262000, 
3831750; 261750, 3831750; 261750, 3831500; 261500, 3831500; 261500, 
3831250; 261250, 3831250; 261250, 3831000; 261000, 3831000; 261000, 
3830250; 260750, 3830250; 260750, 3830000; 261000, 3830000; 261000, 
3829750; 260750, 3829750; 260750, 3829250; 260500, 3829250; 260500, 
3828500; 261000, 3828500; 261000, 3828250; 260750, 3828250; 260750, 
3828000; 260500, 3828000; 260500, 3826750; 260250, 3826750; 260250, 
3826500; 260000, 3826500; 260000, 3826000; 259500, 3826000; 259500, 
3825750; 259750, 3825750; 259750, 3825500; 259500, 3825500; 259500, 
3824750; 259000, 3824750; 259000, 3824500; 259500, 3824500; 259500, 
3824250; 259000, 3824250; 259000, 3823750; 259250, 3823750; 259250, 
3822750; 258750, 3822750; 258750, 3822500; 258500, 3822500; 258500, 
3822250; 259000, 3822250; 259000, 3822000; 260250, 3822000; 260250, 
3821750; 261000, 3821750; 261000, 3822250; 262000, 3822250; 262000, 
3822500; 262250, 3822500; 262250, 3822250; 262750, 3822250; 262750, 
3822000; 263750, 3822000; 263750, 3821250; 264000, 3821250; 264000, 
3821000; 264750, 3821000; 264750, 3820750; 265000, 3820750; 265000, 
3820500; 265250, 3820500; 265250, 3820000; 265500, 3820000; 265500, 
3820250; 265750, 3820250; 265750, 3819750; 266500, 3819750; 266500, 
3819500; 266750, 3819500; 266750, 3819250; 267750, 3819250; 267750, 
3819000; 268500, 3819000; 268500, 3819250; 268750, 3819250; 268750, 
3819750; 269500, 3819750; 269500, 3819250; 269250, 3819250; 269250, 
3818750; 269000, 3818750; 269000, 3818500; 266500, 3818500; 266500, 
3818750; 266250, 3818750; 266250, 3819000; 265250, 3819000; 265250, 
3819500; 264750, 3819500; 264750, 3820250; 264250, 3820250; 264250, 
3820500; 263750, 3820500; 263750, 3820750; 263500, 3820750; 263500, 
3821000; 263000, 3821000; 263000, 3821500; 261250, 3821500; 261250, 
3821250; 261000, 3821250; 261000, 3821000; 260750, 3821000; 260750, 
3820500; 260250, 3820500; 260250, 3821000; 259750, 3821000; 259750, 
3821250; 259000, 3821250; 259000, 3821500; 258500, 3821500; 258500, 
3821750; 258250, 3821750; 258250, 3822000; 258000, 3822000; 258000, 
3823000; 258250, 3823000; 258250, 3823250; 258500, 3823250; 258500, 
3823750; 258000, 3823750; 258000, 3824500; 257750, 3824500; 257750, 
3825000; 257500, 3825000; 257500, 3825250; 257250, 3825250; 257250, 
3826000; 256750, 3826000; 256750, 3826250; 256500, 3826250; 256500, 
3826500; 256250, 3826500; 256250, 3826750; 256000, 3826750; 256000, 
3827500; 255500, 3827500; 255500, 3828000; 255250, 3828000; 255250, 
3828250; 254750, 3828250; 254750, 3828750; 255000, 3828750; 255000, 
3829000; 254750, 3829000; 254750, 3829500; 255250, 3829500; 255250, 
3829250; 255500, 3829250; 255500, 3828750; 255750, 3828750; 255750, 
3828250; 256000, 3828250; 256000, 3828000; 256250, 3828000; 256250, 
3827750; 256500, 3827750; 256500, 3827250; 256750, 3827250; 256750, 
3826750; 257250, 3826750; 257250, 3827000; 257750, 3827000; 257750, 
3826750; 258000, 3826750; 258000, 3826500; 258250, 3826500; 258250, 
3825750; 258000, 3825750; 258000, 3825500; 258250, 3825500; 258250, 
3825250; 258500, 3825250; 258500, 3826000; 259250, 3826000; 259250, 
3827000; 259500, 3827000; 259500, 3827250; 259750, 3827250; 259750, 
3828500; 260000, 3828500; 260000, 3828750; 259750, 3828750; 259750, 
3829750; 260250, 3829750; 260250, 3831250; 260500, 3831250; 260500, 
3831750; 261000, 3831750; 261000, 3832250; 261250, 3832250; 261250, 
3832500; 261500, 3832500; 261500, 3832750; 261750, 3832750; 261750, 
3833000.

[[Page 9456]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.004

    Map Unit 4: Sespe Creek, Ventura County, California. From USGS 
1:24,000 quadrangle maps Wheeler Springs, Lion Canyon, Topatopa 
Mts., and Devil's Heart Peak, the lands bounded by the following UTM 
coordinates (E, N): 292750, 3828500; 293250, 3828500; 293250, 
3828000; 293000, 3828000; 293000, 3827250; 292750, 3827250; 292750, 
3826500; 293250, 3826500; 293250, 3826250; 293500, 3826250; 293500, 
3826750; 294000, 3826750; 294000, 3826500; 294750, 3826500; 294750, 
3826000; 295000, 3826000; 295000, 3826500; 296250, 3826500; 296250, 
3826250; 296500, 3826250; 296500, 3826000; 296750, 3826000; 296750, 
3826250; 297750, 3826250; 297750, 3826000; 298000, 3826000; 298000, 
3826250; 298250, 3826250; 298250, 3826500; 300250, 3826500; 300250, 
3826750; 301750, 3826750; 301750, 3826500; 302750, 3826500; 302750, 
3826250; 303000, 3826250; 303000, 3826500; 303750, 3826500; 303750, 
3826250; 304250, 3826250; 304250, 3826750; 305000, 3826750; 305000, 
3826500; 305250, 3826500; 305250, 3826250; 306500, 3826250; 306500, 
3826500; 306750, 3826500; 306750, 3826250; 307000, 3826250; 307000, 
3826500; 309500, 3826500; 309500, 3825750; 309750, 3825750; 309750, 
3826000; 310250, 3826000; 310250, 3826500; 310750, 3826500; 310750, 
3827000; 312000, 3827000; 312000, 3827750; 313000, 3827750; 313000, 
3827500; 314750, 3827500; 314750, 3827250; 315000, 3827250; 315000, 
3827750; 315250, 3827750; 315250, 3828000; 315750, 3828000; 315750, 
3827750; 316250, 3827750; 316250, 3827500; 316500, 3827500; 316500, 
3827250; 316750, 3827250; 316750, 3828000; 318750, 3828000; 318750, 
3827750; 319250, 3827750; 319250, 3828000; 319500, 3828000; 319500, 
3827750; 319750, 3827750; 319750, 3827500; 320000, 3827500; 320000, 
3827000; 320500, 3827000; 320500, 3826500; 321000, 3826500; 321000, 
3826000; 320750, 3826000; 320750, 3826250; 320250, 3826250; 320250, 
3826500; 319750, 3826500; 319750, 3827000; 318750, 3827000; 318750, 
3827250; 318500, 3827250; 318500, 3827500; 318250, 3827500; 318250, 
3827250; 317250, 3827250; 317250, 3827500; 317000, 3827500; 317000, 
3826750; 316250, 3826750; 316250, 3827000; 315750, 3827000; 315750, 
3827250; 315500, 3827250; 315500, 3827000; 314500, 3827000; 314500, 
3826750; 313000, 3826750; 313000, 3827250; 312500, 3827250; 312500, 
3827000; 312750, 3827000; 312750, 3826500; 312500, 3826500; 312500, 
3826250; 311000, 3826250; 311000, 3825750; 310500, 3825750; 310500, 
3825500; 309000, 3825500; 309000, 3826000; 308250, 3826000; 308250, 
3825750; 308000, 3825750; 308000, 3826000; 307500, 3826000; 307500, 
3825750; 304750, 3825750; 304750, 3826000; 304500, 3826000; 304500, 
3825750; 304250, 3825750; 304250, 3825500; 303750, 3825500; 303750, 
3825750; 301750, 3825750; 301750, 3826000; 300250, 3826000; 300250, 
3825750; 300000, 3825750; 300000, 3825500; 299500, 3825500; 299500, 
3825750; 298250, 3825750; 298250, 3825500; 297500, 3825500; 297500, 
3825250; 297250, 3825250; 297250, 3825500; 297000, 3825500; 297000, 
3825250; 296500, 3825250; 296500, 3825500; 296250, 3825500; 296250, 
3825750; 295750, 3825750; 295750, 3825500; 295250, 3825500; 295250, 
3825250; 294500, 3825250; 294500, 3825500; 294250, 3825500; 294250, 
3825750; 291750, 3825750; 291750, 3826250; 291500, 3826250; 291500, 
3826500; 292000, 3826500; 292000, 3827250; 292500, 3827250; 292500, 
3828250; 292750, 3828250; 292750, 3828500.

[[Page 9457]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.005

Map Unit 5: Piru Creek, Ventura and Los Angeles Counties, California

    Subunit 5a: From USGS 1:24,000 quadrangle maps Alamo Mtn., and 
Black Mtn., the lands upstream from Pyramid Lake bounded by the 
following UTM coordinates (E, N): 318750, 3842750; 319500, 3842750; 
319500, 3842500; 319750, 3842500; 319750, 3842750; 320750, 3842750; 
320750, 3842500; 321000, 3842500; 321000, 3842250; 322750, 3842250; 
322750, 3841750; 323000, 3841750; 323000, 3841500; 323250, 3841500; 
323250, 3841000; 325000, 3841000; 325000, 3840750; 325250, 3840750; 
325250, 3840250; 325500, 3840250; 325500, 3840500; 326250, 3840500; 
326250, 3840250; 326500, 3840250; 326500, 3840500; 327750, 3840500; 
327750, 3840750; 328250, 3840750; 328250, 3841250; 328500, 3841250; 
328500, 3841750; 329000, 3841750; 329000, 3842000; 329250, 3842000; 
329250, 3841750; 329500, 3841750; 329500, 3841500; 329250, 3841500; 
329250, 3841250; 329500, 3841250; 329500, 3840750; 330000, 3840750; 
330000, 3841000; 330250, 3841000; 330250, 3840750; 330500, 3840750; 
330500, 3840500; 331000, 3840500; 331000, 3840250; 331250, 3840250; 
331250, 3839750; 331500, 3839750; 331500, 3839250; 332000, 3839250; 
332000, 3838500; 332250, 3838500; 332250, 3838250; 332500, 3838250; 
332500, 3837750; 332750, 3837750; 332750, 3837500; 333000, 3837500; 
333000, 3837750; 333500, 3837750; 333500, 3837500; 333750, 3837500; 
333750, 3837000; 334000, 3837000; 334000, 3836500; 333500, 3836500; 
333500, 3836750; 333250, 3836750; 333250, 3837250; 333000, 3837250; 
333000, 3836750; 332750, 3836750; 332750, 3837000; 332500, 3837000; 
332500, 3837250; 332250, 3837250; 332250, 3837500; 332000, 3837500; 
332000, 3837750; 331750, 3837750; 331750, 3838000; 331500, 3838000; 
331500, 3838250; 331250, 3838250; 331250, 3838750; 331000, 3838750; 
331000, 3839000; 330750, 3839000; 330750, 3839500; 330500, 3839500; 
330500, 3840000; 330250, 3840000; 330250, 3840250; 329250, 3840250; 
329250, 3841000; 329000, 3841000; 329000, 3841250; 328750, 3841250; 
328750, 3840500; 328250, 3840500; 328250, 3840250; 327750, 3840250; 
327750, 3840000; 327250, 3840000; 327250, 3839750; 326750, 3839750; 
326750, 3839500; 326000, 3839500; 326000, 3839750; 324750, 3839750; 
324750, 3840500; 323250, 3840500; 323250, 3840750; 323000, 3840750; 
323000, 3841000; 322750, 3841000; 322750, 3841250; 322500, 3841250; 
322500, 3841500; 322000, 3841500; 322000, 3841750; 321500, 3841750; 
321500, 3842000; 319000, 3842000; 319000, 3841500; 318250, 3841500; 
318250, 3841250; 317750, 3841250; 317750, 3841000; 317000, 3841000; 
317000, 3841750; 318000, 3841750; 318000, 3842000; 318250, 3842000; 
318250, 3842250; 318750, 3842250; 318750, 3842750.
    Subunit 5b: From USGS 1:24,000 quadrangle maps Black Mountain, 
Liebre Mountain, Whitaker Peak, and Cobblestone Mountain, the lands 
between Pyramid Lake and Lake Piru bounded by the following UTM 
coordinates (E, N): 338250, 3835000; 338500, 3835000; 338500, 
3834750; 338750, 3834750; 338750, 3834500; 339000, 3834500; 339000, 
3834000; 340000, 3834000; 340000, 3833500; 340250, 3833500; 340250, 
3833250; 340500, 3833250; 340500, 3832250; 340250, 3832250; 340250, 
3832000; 340500, 3832000; 340500, 3831250; 340000, 3831250; 340000, 
3831000; 339750, 3831000; 339750, 3830750; 339500, 3830750; 339500, 
3830500; 339000, 3830500; 339000, 3830750; 338250, 3830750; 338250, 
3831000; 338000, 3831000; 338000, 3830750; 337750, 3830750; 337750, 
3830500; 337000, 3830500; 337000, 3830750; 336750, 3830750; 336750, 
3831250; 336500, 3831250; 336500, 3831500; 336000, 3831500; 336000, 
3831000; 335500, 3831000; 335500, 3830750; 335750, 3830750; 335750, 
3830250; 336500, 3830250; 336500, 3830000; 336750, 3830000; 336750, 
3829750; 337250, 3829750; 337250, 3829500; 337500, 3829500; 337500, 
3829250; 337750, 3829250; 337750, 3828750; 338000, 3828750; 338000, 
3828500; 337750, 3828500; 337750, 3828250; 337250, 3828250; 337250, 
3827500; 337500, 3827500; 337500, 3826500; 337250, 3826500; 337250, 
3826250; 337500, 3826250; 337500, 3825250; 337250, 3825250; 337250, 
3825000; 337500, 3825000; 337500, 3824250; 338000, 3824250; 338000, 
3824000; 338500, 3824000; 338500, 3823750; 338750, 3823750; 338750, 
3823250; 339000, 3823250; 339000, 3822500; 339250, 3822500; 339250, 
3822000; 339000, 3822000; 339000, 3821500; 339250, 3821500; 339250, 
3820500; 339750, 3820500; 339750, 3820250; 339500, 3820250; 339500, 
3820000; 339000, 3820000; 339000, 3819500; 338250, 3819500; 338250, 
3820000; 338000, 3820000; 338000, 3820500; 338500, 3820500; 338500, 
3821250; 338250, 3821250;

[[Page 9458]]

338250, 3821500; 338500, 3821500; 338500, 3821750; 338750, 3821750; 
338750, 3822000; 338500, 3822000; 338500, 3822750; 338250, 3822750; 
338250, 3823250; 338000, 3823250; 338000, 3823000; 336750, 3823000; 
336750, 3823250; 336250, 3823250; 336250, 3823500; 335750, 3823500; 
335750, 3824250; 334500, 3824250; 334500, 3824750; 335500, 3824750; 
335500, 3824500; 336000, 3824500; 336000, 3824000; 336250, 3824000; 
336250, 3823750; 336750, 3823750; 336750, 3823500; 337000, 3823500; 
337000, 3825250; 336750, 3825250; 336750, 3825500; 337000, 3825500; 
337000, 3826000; 336750, 3826000; 336750, 3826250; 336500, 3826250; 
336500, 3826750; 336750, 3826750; 336750, 3827250; 337000, 3827250; 
337000, 3827750; 336750, 3827750; 336750, 3828500; 337000, 3828500; 
337000, 3828750; 337500, 3828750; 337500, 3829000; 337250, 3829000; 
337250, 3829250; 336750, 3829250; 336750, 3829500; 336250, 3829500; 
336250, 3829750; 336000, 3829750; 336000, 3829500; 335750, 3829500; 
335750, 3829750; 335500, 3829750; 335500, 3830250; 335000, 3830250; 
335000, 3831250; 335500, 3831250; 335500, 3831750; 337500, 3831750; 
337500, 3831250; 337750, 3831250; 337750, 3831500; 338250, 3831500; 
338250, 3831250; 338750, 3831250; 338750, 3831000; 339250, 3831000; 
339250, 3831250; 339500, 3831250; 339500, 3831500; 339750, 3831500; 
339750, 3833000; 339500, 3833000; 339500, 3833500; 339000, 3833500; 
339000, 3833750; 338750, 3833750; 338750, 3834000; 338500, 3834000; 
338500, 3834250; 338000, 3834250; 338000, 3834750; 338250, 3834750; 
338250, 3835000.
[GRAPHIC] [TIFF OMITTED] TR07FE01.006

Map Unit 6: Upper Santa Clara River basin, Los Angeles County, 
California

    Subunit 6a: From USGS 1:24,000 quadrangle maps Liebre Mtn. and 
Whitaker Peak, the lands, upstream of Castaic Lake, bounded by the 
following UTM coordinates (E, N): 347000, 3835500; 347250, 3835500; 
347250, 3835000; 347500, 3835000; 347500, 3834500; 347250, 3834500; 
347250, 3834000; 347500, 3834000; 347500, 3833750; 347750, 3833750; 
347750, 3832750; 348000, 3832750; 348000, 3831750; 348250, 3831750; 
348250, 3831000; 347750, 3831000; 347750, 3830500; 348000, 3830500; 
348000, 3830750; 348500, 3830750; 348500, 3830250; 348250, 3830250; 
348250, 3830000; 347750, 3830000; 347750, 3829500; 348000, 3829500; 
348000, 3829000; 348250, 3829000; 348250, 3828750; 348750, 3828750; 
348750, 3828250; 349000, 3828250; 349000, 3828000; 349250, 3828000; 
349250, 3827750; 349500, 3827750; 349500, 3827000; 349250, 3827000; 
349250, 3826750; 348750, 3826750; 348750, 3827250; 348500, 3827250; 
348500, 3827750; 348250, 3827750; 348250, 3828000; 348000, 3828000; 
348000, 3828250; 347750, 3828250; 347750, 3828500; 347500, 3828500; 
347500, 3828750; 347250, 3828750; 347250, 3829250; 347000, 3829250; 
347000, 3830750; 347250, 3830750; 347250, 3831000; 347500, 3831000; 
347500, 3831250; 347750, 3831250; 347750, 3831750; 347500, 3831750; 
347500, 3832250; 347750, 3832250; 347750, 3832500; 347500, 3832500; 
347500, 3832750; 347250, 3832750; 347250, 3833500; 346750, 3833500; 
346750, 3834250; 347000, 3834250; 347000, 3835500.
    Subunit 6b: From USGS 1:24,000 quadrangle maps Warm Springs 
Mountain, Val Verde, and Newhall, the lands bounded by the following 
UTM coordinates (E, N): 351500, 3819000; 352000, 3819000; 352000, 
3818500; 352250, 3818500; 352250, 3818750; 352500, 3818750; 352500, 
3817500; 353000, 3817500; 353000, 3816750; 352750, 3816750; 352750, 
3816000; 352500, 3816000; 352500, 3815500; 352750, 3815500; 352750, 
3814500; 353000, 3814500; 353000, 3814250; 352750, 3814250; 352750, 
3813250; 352500, 3813250; 352500, 3813000; 352250, 3813000; 352250, 
3812750; 352500, 3812750; 352500, 3812000; 352750, 3812000; 352750, 
3811500; 352500, 3811500; 352500, 3811250; 352000, 3811250; 352000, 
3811000; 351750, 3811000; 351750, 3810750; 351500, 3810750; 351500, 
3810250;

[[Page 9459]]

351250, 3810250; 351250, 3810000; 351000, 3810000; 351000, 3809750; 
350750, 3809750; 350750, 3809250; 350250, 3809250; 350250, 3809500; 
350000, 3809500; 350000, 3809250; 349750, 3809250; 349750, 3809500; 
349500, 3809500; 349500, 3810750; 350250, 3810750; 350250, 3811000; 
350000, 3811000; 350000, 3811500; 350500, 3811500; 350500, 3812250; 
351000, 3812250; 351000, 3813000; 351250, 3813000; 351250, 3813750; 
351500, 3813750; 351500, 3817500; 351250, 3817500; 351250, 3818500; 
351000, 3818500; 351000, 3818750; 351500, 3818750; 351500, 3819000.
    Subunit 6c: From USGS 1:24,000 quadrangle maps Warm Springs 
Mtn., Green Valley, and Newhall, the lands bounded by the following 
UTM coordinates (E, N): 365750, 3826500; 366000, 3826500; 366000, 
3826250; 366250, 3826250; 366250, 3825750; 365500, 3825750; 365500, 
3825500; 365000, 3825500; 365000, 3825250; 364500, 3825250; 364500, 
3825000; 364000, 3825000; 364000, 3824750; 363500, 3824750; 363500, 
3824500; 363000, 3824500; 363000, 3824250; 362500, 3824250; 362500, 
3824000; 362000, 3824000; 362000, 3823750; 361500, 3823750; 361500, 
3823500; 361250, 3823500; 361250, 3823250; 361000, 3823250; 361000, 
3823000; 360750, 3823000; 360750, 3822750; 360500, 3822750; 360500, 
3822500; 360250, 3822500; 360250, 3822000; 360000, 3822000; 360000, 
3821250; 359750, 3821250; 359750, 3820750; 359500, 3820750; 359500, 
3820500; 359750, 3820500; 359750, 3820250; 359500, 3820250; 359500, 
3819750; 359250, 3819750; 359250, 3818750; 359000, 3818750; 359000, 
3817500; 358750, 3817500; 358750, 3815750; 358500, 3815750; 358500, 
3815250; 358250, 3815250; 358250, 3814750; 357000, 3814750; 357000, 
3815750; 357250, 3815750; 357250, 3816000; 357500, 3816000; 357500, 
3816250; 357750, 3816250; 357750, 3816750; 358000, 3816750; 358000, 
3818750; 358250, 3818750; 358250, 3819000; 358500, 3819000; 358500, 
3819750; 358750, 3819750; 358750, 3820500; 359000, 3820500; 359000, 
3821750; 359250, 3821750; 359250, 3822000; 359500, 3822000; 359500, 
3823000; 360000, 3823000; 360000, 3823250; 360250, 3823250; 360250, 
3823750; 360750, 3823750; 360750, 3824750; 361750, 3824750; 361750, 
3824500; 362000, 3824500; 362000, 3824750; 362250, 3824750; 362250, 
3825000; 362500, 3825000; 362500, 3825250; 362750, 3825250; 362750, 
3825000; 363000, 3825000; 363000, 3825250; 363250, 3825250; 363250, 
3825750; 363500, 3825750; 363500, 3825500; 363750, 3825500; 363750, 
3825750; 364500, 3825750; 364500, 3826000; 365250, 3826000; 365250, 
3826250; 365750, 3826250; 365750, 3826500.

Map Unit 7: Upper Los Angeles River Basin, Los Angeles County, 
California

    Subunit 7a: From USGS 1:24,000 quadrangle maps Sunland and 
Condor Peak, the lands in the Big Tujunga Creek basin bounded by the 
following UTM coordinates (E, N): 379750, 3793000; 379750, 3792500; 
379500, 3792500; 379500, 3792250; 379250, 3792250; 379250, 3792000; 
379000, 3792000; 379000, 3791750; 378500, 3791750; 378500, 3791500; 
378250, 3791500; 378250, 3792000; 375500, 3792000; 375500, 3793500; 
376750, 3793500; 376750, 3793250; 378500, 3793250; 378500, 3793500; 
379000, 3793500; 379000, 3793750; 379500, 3793750; 379500, 3794000; 
380250, 3794000; 380250, 3794250; 380750, 3794250; 380750, 3794750; 
381000, 3794750; 381000, 3795000; 381250, 3795000; 381250, 3795250; 
381500, 3795250; 381500, 3795500; 381750, 3795500; 381750, 3795750; 
382000, 3795750; 382000, 3796000; 382250, 3796000; 382250, 3796250; 
383750, 3796250; 383750, 3796500; 384750, 3796500; 384750, 3796250; 
385000, 3796250; 385000, 3796000; 385250, 3796000; 385250, 3795750; 
386000, 3795750; 386000, 3795500; 386250, 3795500; 386250, 3795250; 
386750, 3795250; 386750, 3794750; 387250, 3794750; 387250, 3794500; 
387500, 3794500; 387500, 3794250; 387750, 3794250; 387750, 3794000; 
388000, 3794000; 388000, 3793750; 389250, 3793750; 389250, 3794000; 
389500, 3794000; 389500, 3794250; 389750, 3794250; 389750, 3794500; 
390000, 3794500; 390000, 3795000; 390500, 3795000; 390500, 3795250; 
390750, 3795250; 390750, 3794750; 390500, 3794750; 390500, 3794000; 
390000, 3794000; 390000, 3793750; 389750, 3793750; 389750, 3793500; 
389500, 3793500; 389500, 3793250; 388750, 3793250; 388750, 3793000; 
387750, 3793000; 387750, 3793250; 387500, 3793250; 387500, 3793750; 
387250, 3793750; 387250, 3794000; 387000, 3794000; 387000, 3794250; 
386500, 3794250; 386500, 3794500; 386250, 3794500; 386250, 3794750; 
386000, 3794750; 386000, 3795000; 385500, 3795000; 385500, 3795250; 
385250, 3795250; 385250, 3795500; 384750, 3795500; 384750, 3795750; 
384500, 3795750; 384500, 3796000; 384000, 3796000; 384000, 3795500; 
383500, 3795500; 383500, 3795750; 382500, 3795750; 382500, 3795500; 
382250, 3795500; 382250, 3795250; 382000, 3795250; 382000, 3795000; 
381750, 3795000; 381750, 3794500; 381500, 3794500; 381500, 3793500; 
380750, 3793500; 380750, 3793250; 380250, 3793250; 380250, 3793000; 
379750, 3793000; excluding land bounded by 379750, 3793000; 379750, 
3793250; 379500, 3793250; 379500, 3793000; 379750, 3793000.
    Subunit 7b: From USGS 1:24,000 quadrangle maps Condor Peak and 
Chilao Flat, the lands bounded by the following UTM coordinates (E, 
N): 397750, 3801250; 398250, 3801250; 398250, 3799500; 398000, 
3799500; 398000, 3799250; 397750, 3799250; 397750, 3799000; 397500, 
3799000; 397500, 3798750; 397000, 3798750; 397000, 3798250; 396750, 
3798250; 396750, 3798000; 396500, 3798000; 396500, 3797750; 396250, 
3797750; 396250, 3797500; 395750, 3797500; 395750, 3797000; 396000, 
3797000; 396000, 3797250; 397750, 3797250; 397750, 3797000; 398250, 
3797000; 398250, 3797250; 400000, 3797250; 400000, 3797500; 400500, 
3797500; 400500, 3797250; 400750, 3797250; 400750, 3797000; 401250, 
3797000; 401250, 3797250; 401500, 3797250; 401500, 3797750; 402000, 
3797750; 402000, 3798000; 402500, 3798000; 402500, 3798250; 403500, 
3798250; 403500, 3798000; 403750, 3798000; 403750, 3797750; 403500, 
3797750; 403500, 3797500; 403250, 3797500; 403250, 3797750; 402750, 
3797750; 402750, 3797500; 402250, 3797500; 402250, 3797250; 402000, 
3797250; 402000, 3797000; 401750, 3797000; 401750, 3796750; 402000, 
3796750; 402000, 3796500; 402500, 3796500; 402500, 3796000; 402750, 
3796000; 402750, 3795500; 403000, 3795500; 403000, 3795000; 402500, 
3795000; 402500, 3795500; 402250, 3795500; 402250, 3795750; 401750, 
3795750; 401750, 3796000; 401500, 3796000; 401500, 3796250; 401250, 
3796250; 401250, 3796500; 401000, 3796500; 401000, 3796250; 400250, 
3796250; 400250, 3796500; 398250, 3796500; 398250, 3796250; 397500, 
3796250; 397500, 3796500; 397250, 3796500; 397250, 3796750; 396000, 
3796750; 396000, 3796500; 395500, 3796500; 395500, 3796750; 394750, 
3796750; 394750, 3796500; 394250, 3796500; 394250, 3796750; 393750, 
3796750; 393750, 3796250; 392750, 3796250; 392750, 3796000; 392500, 
3796000; 392500, 3795750; 392000, 3795750; 392000, 3796250; 392250, 
3796250; 392250, 3796500; 392750, 3796500; 392750, 3796750; 393500, 
3796750; 393500, 3797000; 393750, 3797000; 393750, 3797250; 394250, 
3797250; 394250, 3797000; 394750, 3797000; 394750, 3797750; 395250, 
3797750; 395250, 3798000; 396000, 3798000; 396000, 3798500; 396250, 
3798500; 396250, 3799000; 396750, 3799000; 396750, 3799500; 397500, 
3799500; 397500, 3800000; 397750, 3800000; 397750, 3801250.
    Subunit 7c: From USGS 1:24,000 quadrangle maps Condor Peak and 
Pasadena, the lands bounded by the following UTM coordinates (E, N): 
391500, 3790750; 392000, 3790750; 392000, 3790000; 391750, 3790000; 
391750, 3789750; 391250, 3789750; 391250, 3789500; 391500, 3789500; 
391500, 3789000; 391750, 3789000; 391750, 3788500; 392000, 3788500; 
392000, 3787750; 391750, 3787750; 391750, 3787000; 392000, 3787000; 
392000, 3786500; 392250, 3786500; 392250, 3786000; 392500, 3786000; 
392500, 3785750; 392750, 3785750; 392750, 3785500; 393000, 3785500; 
393000, 3784750; 392750, 3784750; 392750, 3784250; 392500, 3784250; 
392500, 3784000; 391750, 3784000; 391750, 3784750; 392000, 3784750; 
392000, 3785000; 392250, 3785000; 392250, 3785500; 391750, 3785500; 
391750, 3786250; 391500, 3786250; 391500, 3786750; 391250, 3786750; 
391250, 3788000; 391500, 3788000; 391500, 3788250; 391250, 3788250; 
391250, 3788750; 391000, 3788750; 391000, 3789000; 390750, 3789000; 
390750, 3790000; 391000, 3790000; 391000, 3790250; 391250, 3790250; 
391250, 3790500; 391500, 3790500; 391500, 3790750.

[[Page 9460]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.007

    Map Unit 8: Santiago Creek, Orange County. From USGS 1:24,000 
quadrangle maps Black Star Canyon and El Toro, the lands bounded by 
the following UTM coordinates (E, N): 438250, 3734750; 438250, 
3734500; 438500, 3734500; 438500, 3734000; 438000, 3734000; 438000, 
3734250; 437750, 3734250; 437750, 3734500; 437500, 3734500; 437500, 
3735000; 437250, 3735000; 437250, 3736000; 437000, 3736000; 437000, 
3736500; 436750, 3736500; 436750, 3737000; 436500, 3737000; 436500, 
3737500; 436750, 3737500; 436750, 3737250; 437000, 3737250; 437000, 
3737500; 437250, 3737500; 437250, 3737750; 437500, 3737750; 437500, 
3738000; 438000, 3738000; 438000, 3738500; 438250, 3738500; 438250, 
3738750; 439000, 3738750; 439000, 3738250; 438500, 3738250; 438500, 
3737750; 438250, 3737750; 438250, 3737500; 437750, 3737500; 437750, 
3737000; 437500, 3737000; 437500, 3736250; 437750, 3736250; 437750, 
3736000; 438000, 3736000; 438000, 3735500; 438500, 3735500; 438500, 
3735750; 438750, 3735750; 438750, 3736500; 439000, 3736500; 439000, 
3737000; 439500, 3737000; 439500, 3736250; 439250, 3736250; 439250, 
3736000; 439000, 3736000; 439000, 3735250; 438750, 3735250; 438750, 
3734750; 438250, 3734750; excluding land bounded by 438250, 3734750; 
438250, 3735000; 438000, 3735000; 438000, 3734750; 438250, 3734750.

[[Page 9461]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.008

Map Unit 9: San Jacinto River and Bautista Creek, Riverside County.

    Subunit 9a: From USGS 1:24,000 quadrangle maps San Jacinto, Lake 
Fulmor, Hemet and Blackburn Canyon, the lands bounded by the 
following UTM coordinates (E, N): 509750, 3736000; 511500, 3736000; 
511500, 3735750; 512000, 3735750; 512000, 3734750; 512250, 3734750; 
512250, 3734500; 513000, 3734500; 513000, 3734250; 513750, 3734250; 
513750, 3734000; 514250, 3734000; 514250, 3733750; 514500, 3733750; 
514500, 3733500; 515750, 3733500; 515750, 3733250; 516250, 3733250; 
516250, 3733000; 517250, 3733000; 517250, 3732750; 517500, 3732750; 
517500, 3732500; 517750, 3732500; 517750, 3732250; 518000, 3732250; 
518000, 3731750; 518250, 3731750; 518250, 3731500; 518500, 3731500; 
518500, 3731250; 518750, 3731250; 518750, 3731000; 519000, 3731000; 
519000, 3730750; 518000, 3730750; 518000, 3731250; 517500, 3731250; 
517500, 3732000; 517000, 3732000; 517000, 3732250; 516500, 3732250; 
516500, 3732500; 516000, 3732500; 516000, 3732750; 515750, 3732750; 
515750, 3732500; 515500, 3732500; 515500, 3732750; 513500, 3732750; 
513500, 3733000; 513250, 3733000; 513250, 3733250; 512500, 3733250; 
512500, 3733750; 511250, 3733750; 511250, 3734500; 511000, 3734500; 
511000, 3734750; 510750, 3734750; 510750, 3735000; 510500, 3735000; 
510500, 3735500; 509750, 3735500; 509750, 3736000.
    Subunit 9b: From USGS 1:24,000 quadrangle map Blackburn Canyon, 
the lands bounded by the following UTM coordinates (E, N): 512750, 
3730000; 513000, 3730000; 513000, 3729750; 513750, 3729750; 513750, 
3729250; 514000, 3729250; 514000, 3729000; 514250, 3729000; 514250, 
3728750; 514500, 3728750; 514500, 3728250; 514750, 3728250; 514750, 
3728000; 514500, 3728000; 514500, 3727750; 514750, 3727750; 514750, 
3727250; 515000, 3727250; 515000, 3726750; 515250, 3726750; 515250, 
3726500; 515500, 3726500; 515500, 3725750; 515750, 3725750; 515750, 
3725500; 516000, 3725500; 516000, 3725000; 516250, 3725000; 516250, 
3724750; 516500, 3724750; 516500, 3724500; 516750, 3724500; 516750, 
3724250; 517000, 3724250; 517000, 3724000; 517250, 3724000; 517250, 
3723500; 517500, 3723500; 517500, 3723000; 518000, 3723000; 518000, 
3722750; 518250, 3722750; 518250, 3722250; 518500, 3722250; 518500, 
3722000; 519250, 3722000; 519250, 3721750; 519500, 3721750; 519500, 
3721500; 519250, 3721500; 519250, 3721250; 518750, 3721250; 518750, 
3721500; 518000, 3721500; 518000, 3721750; 517750, 3721750; 517750, 
3722000; 517500, 3722000; 517500, 3722250; 517250, 3722250; 517250, 
3722500; 517000, 3722500; 517000, 3723000; 516750, 3723000; 516750, 
3723500; 516500, 3723500; 516500, 3724000; 516250, 3724000; 516250, 
3724250; 515750, 3724250; 515750, 3724500; 515500, 3724500; 515500, 
3725250; 515250, 3725250; 515250, 3725750; 515000, 3725750; 515000, 
3726250; 514750, 3726250; 514750, 3726750; 514500, 3726750; 514500, 
3727250; 514000, 3727250; 514000, 3727500; 513750, 3727500; 513750, 
3728250; 513500, 3728250; 513500, 3728500; 513000, 3728500; 513000, 
3728750; 512750, 3728750; 512750, 3729000; 512250, 3729000; 512250, 
3729500; 512500, 3729500; 512500, 3729750; 512750, 3729750; 512750, 
3730000.

Map Unit 10 (see Map of Units 8 and 10): San Juan and Trabuco Creeks, 
Orange and Riverside Counties, California

    Subunit 10a: From USGS 1:24,000 quadrangle maps Dana Point, San 
Juan Capistrano, Canada Gobernadora and Sitton Peak, the lands 
bounded by the following UTM coordinates (E, N): 459500, 3720000; 
459750, 3720000; 459750, 3719750; 460000, 3719750; 460000, 3720000; 
460500, 3720000; 460500, 3719500; 460250, 3719500; 460250, 3719250; 
460000, 3719250; 460000, 3718750; 459500, 3718750; 459500, 3718500; 
459250, 3718500; 459250, 3718250; 458750, 3718250; 458750, 3718000; 
458500, 3718000; 458500, 3717750; 457500, 3717750; 457500, 3717250; 
457250, 3717250; 457250, 3717000; 457000, 3717000; 457000, 3716750; 
456500, 3716750; 456500, 3716500; 456250, 3716500; 456250, 3716750; 
456000, 3716750; 456000, 3716500; 455750, 3716500; 455750, 3716750; 
455500, 3716750; 455500, 3717000; 454750, 3717000; 454750, 3716750; 
454000, 3716750; 454000, 3716500; 452500, 3716500; 452500, 3716250; 
452250, 3716250; 452250, 3716000; 452000, 3716000; 452000, 3715750; 
451750, 3715750; 451750, 3715500; 451500, 3715500; 451500, 3715250; 
451250, 3715250; 451250, 3715000; 451000, 3715000; 451000, 3714750; 
450000, 3714750; 450000, 3714000; 449750, 3714000; 449750, 3713500; 
450000, 3713500; 450000,

[[Page 9462]]

3713000; 449750, 3713000; 449750, 3712750; 449500, 3712750; 449500, 
3710750; 449750, 3710750; 449750, 3710250; 449500, 3710250; 449500, 
3710000; 449000, 3710000; 449000, 3709500; 448750, 3709500; 448750, 
3708750; 448500, 3708750; 448500, 3708500; 448000, 3708500; 448000, 
3708000; 446250, 3708000; 446250, 3707750; 446000, 3707750; 446000, 
3708000; 445000, 3708000; 445000, 3708250; 444750, 3708250; 444750, 
3708500; 444250, 3708500; 444250, 3708750; 444000, 3708750; 444000, 
3709000; 443750, 3709000; 443750, 3709250; 443500, 3709250; 443500, 
3709000; 443000, 3709000; 443000, 3708750; 442750, 3708750; 442750, 
3708500; 442500, 3708500; 442500, 3708000; 442000, 3708000; 442000, 
3707500; 441750, 3707500; 441750, 3707250; 440750, 3707250; 440750, 
3707000; 440500, 3707000; 440500, 3706750; 440000, 3706750; 440000, 
3706250; 439750, 3706250; 439750, 3706000; 439500, 3706000; 439500, 
3705750; 439250, 3705750; 439250, 3705500; 439000, 3705500; 439000, 
3707250; 439500, 3707250; 439500, 3707500; 439750, 3707500; 439750, 
3707750; 440500, 3707750; 440500, 3708000; 441000, 3708000; 441000, 
3708750; 441500, 3708750; 441500, 3709250; 441750, 3709250; 441750, 
3710000; 442500, 3710000; 442500, 3709750; 443000, 3709750; 443000, 
3710000; 443250, 3710000; 443250, 3710750; 443500, 3710750; 443500, 
3710500; 443750, 3710500; 443750, 3710000; 444250, 3710000; 444250, 
3709750; 444500, 3709750; 444500, 3710000; 444750, 3710000; 444750, 
3709750; 445000, 3709750; 445000, 3710000; 445500, 3710000; 445500, 
3709250; 446250, 3709250; 446250, 3709500; 447750, 3709500; 447750, 
3709750; 448000, 3709750; 448000, 3710500; 448250, 3710500; 448250, 
3710750; 448000, 3710750; 448000, 3711250; 447500, 3711250; 447500, 
3712000; 447000, 3712000; 447000, 3712500; 447250, 3712500; 447250, 
3713750; 447000, 3713750; 447000, 3714000; 447250, 3714000; 447250, 
3714500; 448000, 3714500; 448000, 3712500; 448250, 3712500; 448250, 
3712000; 448500, 3712000; 448500, 3713250; 448750, 3713250; 448750, 
3714000; 449000, 3714000; 449000, 3714500; 449250, 3714500; 449250, 
3715000; 449750, 3715000; 449750, 3715250; 450000, 3715250; 450000, 
3715500; 450500, 3715500; 450500, 3715750; 450750, 3715750; 450750, 
3716000; 451500, 3716000; 451500, 3716750; 451750, 3716750; 451750, 
3716500; 452000, 3716500; 452000, 3717000; 452250, 3717000; 452250, 
3717250; 452500, 3717250; 452500, 3717000; 453750, 3717000; 453750, 
3717250; 454500, 3717250; 454500, 3717500; 456000, 3717500; 456000, 
3717250; 456750, 3717250; 456750, 3717750; 457000, 3717750; 457000, 
3718000; 457250, 3718000; 457250, 3718250; 458000, 3718250; 458000, 
3718500; 458500, 3718500; 458500, 3718750; 458750, 3718750; 458750, 
3719000; 459250, 3719000; 459250, 3719250; 459500, 3719250; 459500, 
3720000.
    Subunit 10b: From USGS 1:24,000 quadrangle map Santiago Peak, 
the lands bounded by the following UTM coordinates (E, N): 448000, 
3726000; 449250, 3726000; 449250, 3725500; 448500, 3725500; 448500, 
3725250; 448250, 3725250; 448250, 3725000; 447750, 3725000; 447750, 
3724750; 447250, 3724750; 447250, 3724500; 446750, 3724500; 446750, 
3724250; 446000, 3724250; 446000, 3724000; 445500, 3724000; 445500, 
3723750; 445250, 3723750; 445250, 3723500; 445000, 3723500; 445000, 
3723250; 444500, 3723250; 444500, 3722750; 444250, 3722750; 444250, 
3722500; 443750, 3722500; 443750, 3722250; 443500, 3722250; 443500, 
3722000; 443250, 3722000; 443250, 3721250; 442250, 3721250; 442250, 
3721750; 442500, 3721750; 442500, 3722250; 442750, 3722250; 442750, 
3722500; 443000, 3722500; 443000, 3722750; 443250, 3722750; 443250, 
3723000; 443500, 3723000; 443500, 3723250; 443750, 3723250; 443750, 
3723500; 444000, 3723500; 444000, 3723750; 444250, 3723750; 444250, 
3724000; 444750, 3724000; 444750, 3724500; 445250, 3724500; 445250, 
3725000; 445500, 3725000; 445500, 3724750; 445750, 3724750; 445750, 
3725000; 446250, 3725000; 446250, 3725250; 446500, 3725250; 446500, 
3725000; 446750, 3725000; 446750, 3725250; 447250, 3725250; 447250, 
3725500; 447500, 3725500; 447500, 3725750; 448000, 3725750; 448000, 
3726000.

[[Page 9463]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.009

Map Unit 11: San Mateo and San Onofre Basins, Orange and Riverside 
Counties, California

    Subunit 11a: From USGS 1:24,000 quadrangle map San Clemente, the 
lands bounded by the following UTM coordinates (E, N): 450500, 
3706250; 450750, 3706250; 450750, 3705000; 451250, 3705000; 451250, 
3705250; 451750, 3705250; 451750, 3704750; 451500, 3704750; 451500, 
3704250; 450000, 3704250; 450000, 3704000; 449750, 3704000; 449750, 
3703750; 449250, 3703750; 449250, 3703500; 449000, 3703500; 449000, 
3703250; 448500, 3703250; 448500, 3703000; 448250, 3703000; 448250, 
3702750; 447500, 3702750; 447500, 3701750; 447750, 3701750; 447750, 
3702000; 448500, 3702000; 448500, 3701750; 449500, 3701750; 449500, 
3702000; 450000, 3702000; 450000, 3702250; 450250, 3702250; 450250, 
3702500; 450750, 3702500; 450750, 3702750; 451500, 3702750; 451500, 
3703000; 452000, 3703000; 452000, 3703250; 452250, 3703250; 452250, 
3703750; 452750, 3703750; 452750, 3703250; 452500, 3703250; 452500, 
3703000; 452250, 3703000; 452250, 3702750; 452000, 3702750; 452000, 
3702500; 451500, 3702500; 451500, 3702250; 451000, 3702250; 451000, 
3702000; 450500, 3702000; 450500, 3701750; 450250, 3701750; 450250, 
3701500; 449500, 3701500; 449500, 3701250; 448250, 3701250; 448250, 
3701500; 447250, 3701500; 447250, 3700750; 447000, 3700750; 447000, 
3698750; 447250, 3698750; 447250, 3697500; 447000, 3697500; 447000, 
3697250; 447250, 3697250; 447250, 3696000; 447000, 3696000; 447000, 
3695750; 446750, 3695750; 446750, 3695250; 446500, 3695250; 446500, 
3695000; 446250, 3695000; 446250, 3694500; 446000, 3694500; 446000, 
3694250; 445750, 3694250; 445750, 3694000; 446000, 3694000; 446000, 
3693500; 445250, 3693500; 445250, 3693750; 444750, 3693750; 444750, 
3694000; 444500, 3694000; 444500, 3695500; 445000, 3695500; 445000, 
3695750; 445250, 3695750; 445250, 3696250; 445500, 3696250; 445500, 
3696750; 445750, 3696750; 445750, 3697250; 446000, 3697250; 446000, 
3697750; 446250, 3697750; 446250, 3698250; 446500, 3698250; 446500, 
3698500; 446750, 3698500; 446750, 3698750; 446500, 3698750; 446500, 
3700750; 446750, 3700750; 446750, 3702750; 447000, 3702750; 447000, 
3703250; 447250, 3703250; 447250, 3703500; 447500, 3703500; 447500, 
3704250; 448000, 3704250; 448000, 3703750; 448500, 3703750; 448500, 
3704000; 448750, 3704000; 448750, 3704250; 449250, 3704250; 449250, 
3704500; 449750, 3704500; 449750, 3705000; 450250, 3705000; 450250, 
3706000; 450500, 3706000; 450500, 3706250.
    Subunit 11b: From USGS 1:24,000 quadrangle map Margarita Peak, 
the lands bounded by the following UTM coordinates (E, N): 457000, 
3704500; 457500, 3704500; 457500, 3703750; 457000, 3703750; 457000, 
3703500; 456750, 3703500; 456750, 3703250; 455750, 3703250; 455750, 
3703500; 456250, 3703500; 456250, 3703750; 456500, 3703750; 456500, 
3704250; 457000, 3704250; 457000, 3704500.

Map Unit 12: Lower Santa Margarita Basin, San Diego County, California

    Subunit 12a: From USGS 1:24,000 quadrangle map Fallbrook, the 
lands bounded by the following UTM coordinates (E, N): 469750, 
3700500; 470750, 3700500; 470750, 3700000; 470500, 3700000; 470500, 
3699750; 470250, 3699750; 470250, 3698750; 470500, 3698750; 470500, 
3697500; 470750, 3697500; 470750, 3697000; 470500, 3697000; 470500, 
3697250; 470250, 3697250; 470250, 3697000; 470000, 3697000; 470000, 
3697750; 469750, 3697750; 469750, 3698250; 469500, 3698250; 469500, 
3698500; 469250, 3698500; 469250, 3699000; 469500, 3699000; 469500, 
3699500; 469250, 3699500; 469250, 3700000; 469500, 3700000; 469500, 
3700250; 469750, 3700250; 469750, 3700500.
    Subunit 12b: From USGS 1:24,000 quadrangle maps Fallbrook, Morro 
Hill, and Temecula, the lands bounded by the following UTM 
coordinates (E, N): 473500, 3695500; 474000, 3695500; 474000, 
3695250; 474250, 3695250; 474250, 3695000; 475750, 3695000; 475750, 
3694750; 475000, 3694750; 475000, 3694500; 474750, 3694500; 474750, 
3694250; 473750, 3694250; 473750, 3694750; 473500, 3694750; 473500, 
3694500; 473250, 3694500; 473250, 3694250; 473000, 3694250; 473000, 
3693750; 472750, 3693750; 472750, 3693500; 472000, 3693500; 472000, 
3693000; 471750, 3693000; 471750, 3692750; 471500, 3692750; 471500, 
3692250; 471000, 3692250; 471000, 3692000; 470750, 3692000; 470750, 
3692500; 471250, 3692500; 471250, 3693250;

[[Page 9464]]

471500, 3693250; 471500, 3693500; 471750, 3693500; 471750, 3694000; 
472250, 3694000; 472250, 3694500; 472500, 3694500; 472500, 3694750; 
472750, 3694750; 472750, 3695000; 473500, 3695000; 473500, 3695500; 
and lands bounded by 481500, 3699250; 482000, 3699250; 482000, 
3699000; 482250, 3699000; 482250, 3698500; 482000, 3698500; 482000, 
3698250; 481500, 3698250; 481500, 3697750; 481250, 3697750; 481250, 
3697500; 481000, 3697500; 481000, 3697250; 480750, 3697250; 480750, 
3697000; 480500, 3697000; 480500, 3696500; 480250, 3696500; 480250, 
3696250; 479750, 3696250; 479750, 3696000; 479500, 3696000; 479500, 
3695750; 479000, 3695750; 479000, 3696000; 478500, 3696000; 478500, 
3696250; 478250, 3696250; 478250, 3696000; 477750, 3696000; 477750, 
3696500; 477500, 3696500; 477500, 3696750; 477250, 3696750; 477250, 
3696250; 477000, 3696250; 477000, 3695250; 476500, 3695250; 476500, 
3695500; 476250, 3695500; 476250, 3696000; 476500, 3696000; 476500, 
3696500; 476750, 3696500; 476750, 3697000; 477000, 3697000; 477000, 
3697250; 477250, 3697250; 477250, 3697500; 477750, 3697500; 477750, 
3697250; 478000, 3697250; 478000, 3697000; 478250, 3697000; 478250, 
3696750; 479000, 3696750; 479000, 3696500; 479250, 3696500; 479250, 
3696750; 479750, 3696750; 479750, 3697250; 480000, 3697250; 480000, 
3697500; 480250, 3697500; 480250, 3697750; 480500, 3697750; 480500, 
3698000; 480750, 3698000; 480750, 3698250; 481000, 3698250; 481000, 
3698500; 481250, 3698500; 481250, 3698750; 481500, 3698750; 481500, 
3699250.
[GRAPHIC] [TIFF OMITTED] TR07FE01.010

    Map Unit 13: Upper Santa Margarita Basin, San Diego County, 
California. From USGS 1:24,000 quadrangle maps Sage, Vail Lake, 
Aquanga, and Palomar Observatory, the lands bounded by the following 
UTM coordinates (E, N): 504750, 3706750; 505500, 3706750; 505500, 
3706500; 505750, 3706500; 505750, 3706750; 506000, 3706750; 506000, 
3706250; 506250, 3706250; 506250, 3706000; 507000, 3706000; 507000, 
3705750; 507250, 3705750; 507250, 3705500; 507750, 3705500; 507750, 
3706000; 508500, 3706000; 508500, 3705500; 509000, 3705500; 509000, 
3704500; 508000, 3704500; 508000, 3704250; 507250, 3704250; 507250, 
3704000; 507000, 3704000; 507000, 3704500; 506750, 3704500; 506750, 
3704750; 506000, 3704750; 506000, 3705000; 505500, 3705000; 505500, 
3705250; 505250, 3705250; 505250, 3705000; 504750, 3705000; 504750, 
3704750; 504500, 3704750; 504500, 3704000; 504750, 3704000; 504750, 
3704250; 505000, 3704250; 505000, 3704000; 506250, 3704000; 506250, 
3703750; 506750, 3703750; 506750, 3703000; 507000, 3703000; 507000, 
3702750; 508250, 3702750; 508250, 3701750; 508750, 3701750; 508750, 
3701250; 508500, 3701250; 508500, 3701000; 508750, 3701000; 508750, 
3700750; 509500, 3700750; 509500, 3701000; 510000, 3701000; 510000, 
3701250; 510500, 3701250; 510500, 3701000; 510750, 3701000; 510750, 
3700750; 512750, 3700750; 512750, 3700500; 513750, 3700500; 513750, 
3699250; 513500, 3699250; 513500, 3699000; 514250, 3699000; 514250, 
3698750; 514500, 3698750; 514500, 3698250; 514750, 3698250; 514750, 
3698000; 515000, 3698000; 515000, 3697750; 515250, 3697750; 515250, 
3697500; 515750, 3697500; 515750, 3697250; 516000, 3697250; 516000, 
3697500; 516500, 3697500; 516500, 3697250; 517000, 3697250; 517000, 
3696250; 517250, 3696250; 517250, 3696000; 517500, 3696000; 517500, 
3695750; 518000, 3695750; 518000, 3695250; 518250, 3695250; 518250, 
3695500; 518750, 3695500; 518750, 3695250; 519750, 3695250; 519750, 
3695000; 520000, 3695000; 520000, 3694500; 520500, 3694500; 520500, 
3694000; 520750, 3694000; 520750, 3693500; 520500, 3693500; 520500, 
3693000; 521000, 3693000; 521000, 3692750; 522750, 3692750; 522750, 
3692000; 523000, 3692000; 523000, 3691750; 522750, 3691750; 522750, 
3691000; 521500, 3691000; 521500, 3691750; 521250, 3691750; 521250, 
3692000; 520750, 3692000; 520750, 3692250; 520000, 3692250; 520000, 
3692750; 519750, 3692750; 519750, 3693000; 519250, 3693000; 519250, 
3693250; 519000, 3693250; 519000, 3693500; 518750, 3693500; 518750, 
3694000; 518500, 3694000; 518500, 3694250; 518000, 3694250; 518000, 
3694500; 517750, 3694500; 517750, 3694750; 517500, 3694750; 517500, 
3695000; 517250, 3695000; 517250, 3695250; 517000, 3695250; 517000, 
3695750; 516750, 3695750; 516750, 3696000; 516000, 3696000; 516000, 
3696500; 515500, 3696500; 515500, 3696750; 515250, 3696750; 515250, 
3697000; 515000, 3697000;

[[Page 9465]]

515000, 3697250; 514750, 3697250; 514750, 3697500; 514500, 3697500; 
514500, 3697750; 514250, 3697750; 514250, 3698250; 513750, 3698250; 
513750, 3698500; 513250, 3698500; 513250, 3698750; 512750, 3698750; 
512750, 3699000; 512500, 3699000; 512500, 3698500; 512000, 3698500; 
512000, 3698750; 511250, 3698750; 511250, 3699000; 510750, 3699000; 
510750, 3699250; 510500, 3699250; 510500, 3699500; 510250, 3699500; 
510250, 3699750; 510000, 3699750; 510000, 3700000; 509250, 3700000; 
509250, 3700250; 508250, 3700250; 508250, 3700750; 508000, 3700750; 
508000, 3701250; 507750, 3701250; 507750, 3701750; 507500, 3701750; 
507500, 3701500; 507250, 3701500; 507250, 3701750; 507000, 3701750; 
507000, 3702000; 506750, 3702000; 506750, 3702250; 506500, 3702250; 
506500, 3702500; 506250, 3702500; 506250, 3702250; 505750, 3702250; 
505750, 3702750; 504750, 3702750; 504750, 3703000; 504000, 3703000; 
504000, 3703250; 503750, 3703250; 503750, 3703500; 503500, 3703500; 
503500, 3703750; 503250, 3703750; 503250, 3704000; 503000, 3704000; 
503000, 3704500; 502750, 3704500; 502750, 3704750; 502500, 3704750; 
502500, 3704500; 502250, 3704500; 502250, 3704250; 502000, 3704250; 
502000, 3703750; 502500, 3703750; 502500, 3703250; 503000, 3703250; 
503000, 3703000; 503250, 3703000; 503250, 3702250; 503000, 3702250; 
503000, 3702000; 503250, 3702000; 503250, 3701500; 504000, 3701500; 
504000, 3701750; 504250, 3701750; 504250, 3701500; 504500, 3701500; 
504500, 3701250; 504750, 3701250; 504750, 3701000; 505250, 3701000; 
505250, 3700750; 505750, 3700750; 505750, 3701000; 506250, 3701000; 
506250, 3700750; 506500, 3700750; 506500, 3700000; 506750, 3700000; 
506750, 3699000; 506250, 3699000; 506250, 3698750; 506000, 3698750; 
506000, 3698500; 506250, 3698500; 506250, 3698000; 506000, 3698000; 
506000, 3697750; 505750, 3697750; 505750, 3697500; 505250, 3697500; 
505250, 3697250; 504750, 3697250; 504750, 3698250; 505250, 3698250; 
505250, 3699000; 505500, 3699000; 505500, 3699250; 505750, 3699250; 
505750, 3699500; 505500, 3699500; 505500, 3700000; 505250, 3700000; 
505250, 3700500; 504500, 3700500; 504500, 3700750; 504250, 3700750; 
504250, 3701000; 502750, 3701000; 502750, 3701250; 502500, 3701250; 
502500, 3701750; 502250, 3701750; 502250, 3702500; 502000, 3702500; 
502000, 3703000; 501750, 3703000; 501750, 3703250; 500750, 3703250; 
500750, 3703500; 501000, 3703500; 501000, 3704250; 501250, 3704250; 
501250, 3704500; 501500, 3704500; 501500, 3705000; 501750, 3705000; 
501750, 3705250; 502500, 3705250; 502500, 3705000; 503000, 3705000; 
503000, 3705500; 503250, 3705500; 503250, 3705750; 502750, 3705750; 
502750, 3706250; 503000, 3706250; 503000, 3706500; 504750, 3706500; 
504750, 3706750.
    Map Unit 14 (see map of Units 11, 12, and 14): Lower and Middle 
San Luis Rey Basin, San Diego County, California. From USGS 1:24,000 
quadrangle maps Pechanga, San Luis Rey, Morro Hill, Bonsall, Pala, 
Boucher Hill and Rodriguez Mtn., the lands bounded by the following 
UTM coordinates (E, N): 487250, 3689250; 487250, 3690250; 487500, 
3690250; 487500, 3690500; 488000, 3690500; 488000, 3690000; 488250, 
3690000; 488250, 3689500; 489000, 3689500; 489000, 3690000; 489250, 
3690000; 489250, 3690500; 489500, 3690500; 489500, 3691000; 489750, 
3691000; 489750, 3691250; 490250, 3691250; 490250, 3691500; 490500, 
3691500; 490500, 3692000; 490750, 3692000; 490750, 3692500; 491250, 
3692500; 491250, 3692250; 491500, 3692250; 491500, 3692500; 491750, 
3692500; 491750, 3692250; 492250, 3692250; 492250, 3693000; 492000, 
3693000; 492000, 3693250; 491750, 3693250; 491750, 3693750; 492000, 
3693750; 492000, 3695250; 492250, 3695250; 492250, 3696000; 492500, 
3696000; 492500, 3696750; 492750, 3696750; 492750, 3696500; 493000, 
3696500; 493000, 3695750; 492750, 3695750; 492750, 3695000; 492500, 
3695000; 492500, 3694250; 492250, 3694250; 492250, 3693750; 492500, 
3693750; 492500, 3693250; 492750, 3693250; 492750, 3693000; 493250, 
3693000; 493250, 3692750; 493750, 3692750; 493750, 3692250; 494000, 
3692250; 494000, 3692000; 494250, 3692000; 494250, 3691750; 495250, 
3691750; 495250, 3691500; 495750, 3691500; 495750, 3691250; 496250, 
3691250; 496250, 3691000; 496500, 3691000; 496500, 3690750; 496750, 
3690750; 496750, 3690500; 497500, 3690500; 497500, 3690250; 497750, 
3690250; 497750, 3689500; 498500, 3689500; 498500, 3689000; 499250, 
3689000; 499250, 3688750; 499500, 3688750; 499500, 3688500; 499750, 
3688500; 499750, 3687500; 500000, 3687500; 500000, 3687250; 500250, 
3687250; 500250, 3686750; 500500, 3686750; 500500, 3686250; 500750, 
3686250; 500750, 3685750; 501250, 3685750; 501250, 3685500; 501500, 
3685500; 501500, 3685250; 501750, 3685250; 501750, 3685000; 502500, 
3685000; 502500, 3684750; 503000, 3684750; 503000, 3684000; 503250, 
3684000; 503250, 3682750; 503500, 3682750; 503500, 3682500; 503750, 
3682500; 503750, 3682250; 504750, 3682250; 504750, 3682000; 505000, 
3682000; 505000, 3681250; 505500, 3681250; 505500, 3680250; 505750, 
3680250; 505750, 3680500; 506250, 3680500; 506250, 3680750; 507000, 
3680750; 507000, 3680500; 507500, 3680500; 507500, 3680000; 506000, 
3680000; 506000, 3679750; 505750, 3679750; 505750, 3679500; 505250, 
3679500; 505250, 3679250; 504750, 3679250; 504750, 3679000; 504500, 
3679000; 504500, 3678750; 503750, 3678750; 503750, 3679000; 504000, 
3679000; 504000, 3679500; 504250, 3679500; 504250, 3679750; 504000, 
3679750; 504000, 3680250; 503750, 3680250; 503750, 3680750; 503500, 
3680750; 503500, 3681250; 503000, 3681250; 503000, 3681500; 502750, 
3681500; 502750, 3682000; 502250, 3682000; 502250, 3682250; 502000, 
3682250; 502000, 3682750; 502250, 3682750; 502250, 3683000; 502000, 
3683000; 502000, 3683500; 501750, 3683500; 501750, 3683750; 501500, 
3683750; 501500, 3684000; 501250, 3684000; 501250, 3684250; 500750, 
3684250; 500750, 3684750; 500500, 3684750; 500500, 3684250; 500250, 
3684250; 500250, 3684000; 500000, 3684000; 500000, 3684250; 499750, 
3684250; 499750, 3685000; 499000, 3685000; 499000, 3685250; 498250, 
3685250; 498250, 3686750; 498000, 3686750; 498000, 3687250; 498250, 
3687250; 498250, 3688000; 498500, 3688000; 498500, 3688500; 498250, 
3688500; 498250, 3688750; 498000, 3688750; 498000, 3689000; 497250, 
3689000; 497250, 3689750; 496500, 3689750; 496500, 3690000; 496000, 
3690000; 496000, 3690500; 495750, 3690500; 495750, 3690750; 494250, 
3690750; 494250, 3690500; 494000, 3690500; 494000, 3690250; 493750, 
3690250; 493750, 3689750; 493500, 3689750; 493500, 3689500; 493000, 
3689500; 493000, 3689750; 492750, 3689750; 492750, 3689500; 492000, 
3689500; 492000, 3689750; 491750, 3689750; 491750, 3690500; 490750, 
3690500; 490750, 3690250; 490500, 3690250; 490500, 3690000; 490250, 
3690000; 490250, 3689250; 489750, 3689250; 489750, 3688750; 489500, 
3688750; 489500, 3688500; 488750, 3688500; 488750, 3687750; 488000, 
3687750; 488000, 3688000; 487500, 3688000; 487500, 3688250; 487000, 
3688250; 487000, 3687750; 486500, 3687750; 486500, 3686750; 486750, 
3686750; 486750, 3686250; 487000, 3686250; 487000, 3686000; 487250, 
3686000; 487250, 3685750; 487500, 3685750; 487500, 3685250; 487000, 
3685250; 487000, 3685500; 486500, 3685500; 486500, 3685750; 486250, 
3685750; 486250, 3685500; 486000, 3685500; 486000, 3686000; 485750, 
3686000; 485750, 3686250; 485250, 3686250; 485250, 3686000; 484750, 
3686000; 484750, 3685750; 484500, 3685750; 484500, 3685500; 484000, 
3685500; 484000, 3684750; 483250, 3684750; 483250, 3684500; 482250, 
3684500; 482250, 3684250; 480750, 3684250; 480750, 3683500; 481000, 
3683500; 481000, 3683000; 480750, 3683000; 480750, 3682500; 480500, 
3682500; 480500, 3682750; 480250, 3682750; 480250, 3682500; 480000, 
3682500; 480000, 3682250; 479750, 3682250; 479750, 3681750; 479500, 
3681750; 479500, 3681500; 479000, 3681500; 479000, 3681250; 478750, 
3681250; 478750, 3680500; 478500, 3680500; 478500, 3679750; 478000, 
3679750; 478000, 3679250; 477500, 3679250; 477500, 3679000; 476750, 
3679000; 476750, 3679250; 476250, 3679250; 476250, 3679000; 475500, 
3679000; 475500, 3679250; 474500, 3679250; 474500, 3679000; 474250, 
3679000; 474250, 3678750; 475000, 3678750; 475000, 3677750; 474250, 
3677750; 474250, 3678000; 474000, 3678000; 474000, 3678250; 473250, 
3678250; 473250, 3678500; 473000, 3678500; 473000, 3679250; 472500, 
3679250; 472500, 3679750; 473250, 3679750; 473250, 3680000; 473500, 
3680000; 473500, 3680250; 474000, 3680250; 474000, 3680500; 474500, 
3680500; 474500, 3680750; 475000, 3680750; 475000, 3680500; 475750, 
3680500; 475750, 3680250; 476250, 3680250; 476250, 3680500; 476750, 
3680500; 476750, 3680250; 477000, 3680250; 477000, 3680000; 477500, 
3680000; 477500, 3680250; 477750, 3680250; 477750, 3681000; 478000, 
3681000; 478000, 3682000; 478250, 3682000; 478250, 3682250; 478750, 
3682250; 478750, 3683000; 478500, 3683000; 478500, 3683750; 478750, 
3683750; 478750, 3685000; 479000, 3685000; 479000, 3684750; 479250, 
3684750; 479250, 3685000; 479500, 3685000; 479500, 3685250; 480000, 
3685250; 480000, 3685000; 480250, 3685000; 480250, 3685500; 480500, 
3685500; 480500, 3686000; 480750, 3686000; 480750, 3686250; 481250, 
3686250; 481250, 3686750; 481750, 3686750; 481750, 3687000; 482250, 
3687000; 482250, 3686250; 483000, 3686250; 483000, 3686500; 483500, 
3686500; 483500, 3686750; 483750, 3686750; 483750, 3687000; 484500, 
3687000; 484500, 3687500; 484750, 3687500; 484750, 3687750; 485000, 
3687750; 485000, 3688500; 485250, 3688500; 485250, 3688750; 485000, 
3688750; 485000, 3689250; 485250, 3689250; 485250, 3689750; 485000, 
3689750; 485000, 3690000; 485250, 3690000; 485250, 3690250; 485500, 
3690250; 485500, 3690000; 486000, 3690000; 486000, 3689500; 486250, 
3689500; 486250, 3689250; 486500, 3689250; 486500, 3689000; 486750, 
3689000; 486750, 3689250; 487250, 3689250; excluding land bounded by 
487250,

[[Page 9466]]

3689250; 487250, 3689000; 487500, 3689000; 487500, 3689250; 487250, 
3689250.
[GRAPHIC] [TIFF OMITTED] TR07FE01.011

Map Unit 15: Upper San Luis Rey Basin, San Diego County, California

    Subunit 15a: From USGS 1:24,000 quadrangle maps Palomar 
Observatory, and Warner Springs, the lands bounded by the following 
UTM coordinates (E, N): 531000, 3691000; 531500, 3691000; 531500, 
3690750; 531750, 3690750; 531750, 3690000; 532000, 3690000; 532000, 
3689500; 532750, 3689500; 532750, 3689750; 533500, 3689750; 533500, 
3688750; 533000, 3688750; 533000, 3688250; 532000, 3688250; 532000, 
3688750; 531750, 3688750; 531750, 3689000; 531500, 3689000; 531500, 
3689250; 531000, 3689250; 531000, 3688500; 530500, 3688500; 530500, 
3688750; 530250, 3688750; 530250, 3688500; 530000, 3688500; 530000, 
3688000; 529750, 3688000; 529750, 3687750; 530000, 3687750; 530000, 
3686750; 530250, 3686750; 530250, 3686250; 530000, 3686250; 530000, 
3685250; 529750, 3685250; 529750, 3685000; 529250, 3685000; 529250, 
3684750; 528750, 3684750; 528750, 3684500; 529250, 3684500; 529250, 
3683500; 530500, 3683500; 530500, 3683750; 530750, 3683750; 530750, 
3683500; 531000, 3683500; 531000, 3683250; 531750, 3683250; 531750, 
3683500; 532250, 3683500; 532250, 3683750; 532500, 3683750; 532500, 
3684000; 533000, 3684000; 533000, 3684250; 533500, 3684250; 533500, 
3684500; 533750, 3684500; 533750, 3685250; 534000, 3685250; 534000, 
3685500; 534750, 3685500; 534750, 3685000; 534250, 3685000; 534250, 
3684500; 534000, 3684500; 534000, 3683750; 533750, 3683750; 533750, 
3683500; 533250, 3683500; 533250, 3682750; 532500, 3682750; 532500, 
3682250; 532250, 3682250; 532250, 3682000; 532000, 3682000; 532000, 
3681750; 531750, 3681750; 531750, 3681500; 530750, 3681500; 530750, 
3681250; 530250, 3681250; 530250, 3681500; 530000, 3681500; 530000, 
3681750; 529500, 3681750; 529500, 3681500; 529000, 3681500; 529000, 
3680500; 528500, 3680500; 528500, 3680750; 527750, 3680750; 527750, 
3681000; 527500, 3681000; 527500, 3681250; 527000, 3681250; 527000, 
3681500; 526500, 3681500; 526500, 3680750; 526250, 3680750; 526250, 
3680250; 526000, 3680250; 526000, 3679750; 523000, 3679750; 523000, 
3680250; 523250, 3680250; 523250, 3681250; 523500, 3681250; 523500, 
3681500; 523250, 3681500; 523250, 3682250; 523000, 3682250; 523000, 
3683250; 523250, 3683250; 523250, 3683500; 523750, 3683500; 523750, 
3683250; 524000, 3683250; 524000, 3683500; 524250, 3683500; 524250, 
3683750; 524500, 3683750; 524500, 3684000; 525250, 3684000; 525250, 
3684250; 526250, 3684250; 526250, 3684500; 526500, 3684500; 526500, 
3684750; 527250, 3684750; 527250, 3685000; 528000, 3685000; 528000, 
3685250; 528250, 3685250; 528250, 3686250; 528000, 3686250; 528000, 
3686750; 528500, 3686750; 528500, 3687500; 528750, 3687500; 528750, 
3687750; 529000, 3687750; 529000, 3688250; 529250, 3688250; 529250, 
3688500; 529500, 3688500; 529500, 3688750; 529750, 3688750; 529750, 
3689000; 530000, 3689000; 530000, 3689250; 530250, 3689250; 530250, 
3689750; 530500, 3689750; 530500, 3690000; 530750, 3690000; 530750, 
3690250; 531000, 3690250; 531000, 3691000.
    Subunit 15b: From USGS 1:24,000 quadrangle map Palomar 
Observatory, the lands bounded by the following UTM coordinates (E, 
N): 516750, 3689250; 517000, 3689250; 517000, 3688750; 517250, 
3688750; 517250, 3688000; 518000, 3688000; 518000, 3687750; 518250, 
3687750; 518250, 3687000; 517500, 3687000; 517500, 3687250; 517000, 
3687250; 517000, 3687500; 516750, 3687500; 516750, 3687750; 516500, 
3687750; 516500, 3688000; 516000, 3688000; 516000, 3688250; 515750, 
3688250; 515750, 3688750; 516500, 3688750; 516500, 3689000; 516750, 
3689000; 516750, 3689250.

[[Page 9467]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.012

Map Unit 16: Santa Ysabel Creek, San Diego County, California

    Subunit 16a: From USGS 1:24,000 quadrangle maps Mesa Grande, 
Ramona and San Pasqual, the lands bounded by the following UTM 
coordinates (E, N): 513750, 3671000; 514250, 3671000; 514250, 
3669500; 514000, 3669500; 514000, 3669250; 514250, 3669250; 514250, 
3668500; 514750, 3668500; 514750, 3667750; 514500, 3667750; 514500, 
3667500; 514750, 3667500; 514750, 3667250; 514500, 3667250; 514500, 
3666500; 514250, 3666500; 514250, 3665750; 514000, 3665750; 514000, 
3665500; 514500, 3665500; 514500, 3665000; 514250, 3665000; 514250, 
3664750; 514500, 3664750; 514500, 3664500; 514750, 3664500; 514750, 
3664750; 515000, 3664750; 515000, 3665000; 515250, 3665000; 515250, 
3665250; 515500, 3665250; 515500, 3665000; 515750, 3665000; 515750, 
3665250; 517000, 3665250; 517000, 3665000; 517750, 3665000; 517750, 
3665250; 518250, 3665250; 518250, 3665500; 518750, 3665500; 518750, 
3665250; 519000, 3665250; 519000, 3665000; 520000, 3665000; 520000, 
3664750; 520250, 3664750; 520250, 3664000; 519750, 3664000; 519750, 
3664500; 519250, 3664500; 519250, 3664750; 519000, 3664750; 519000, 
3664500; 517500, 3664500; 517500, 3664250; 517250, 3664250; 517250, 
3664000; 517000, 3664000; 517000, 3664250; 516750, 3664250; 516750, 
3664750; 515500, 3664750; 515500, 3664500; 515250, 3664500; 515250, 
3664250; 515000, 3664250; 515000, 3664000; 514000, 3664000; 514000, 
3663250; 514250, 3663250; 514250, 3662750; 513750, 3662750; 513750, 
3662500; 513500, 3662500; 513500, 3662250; 513250, 3662250; 513250, 
3662500; 513000, 3662500; 513000, 3662750; 512500, 3662750; 512500, 
3662250; 511750, 3662250; 511750, 3662000; 511500, 3662000; 511500, 
3661750; 511250, 3661750; 511250, 3661500; 511000, 3661500; 511000, 
3661250; 510250, 3661250; 510250, 3661000; 510000, 3661000; 510000, 
3661750; 510750, 3661750; 510750, 3662000; 511000, 3662000; 511000, 
3662250; 511250, 3662250; 511250, 3662500; 511500, 3662500; 511500, 
3662750; 512000, 3662750; 512000, 3663000; 512250, 3663000; 512250, 
3663250; 513250, 3663250; 513250, 3666500; 513500, 3666500; 513500, 
3666750; 513250, 3666750; 513250, 3667000; 513500, 3667000; 513500, 
3667250; 513250, 3667250; 513250, 3667500; 513500, 3667500; 513500, 
3668250; 513250, 3668250; 513250, 3668500; 513000, 3668500; 513000, 
3669250; 512750, 3669250; 512750, 3669500; 512500, 3669500; 512500, 
3669750; 513000, 3669750; 513000, 3670500; 513500, 3670500; 513500, 
3670750; 513750, 3670750; 513750, 3671000.
    Subunit 16b: From USGS 1:24,000 quadrangle maps Rodriguez Mtn. 
and San Pasqual, the lands bounded by the following UTM coordinates 
(E, N): 508500, 3674750; 508750, 3674750; 508750, 3674500; 509250, 
3674500; 509250, 3674750; 509500, 3674750; 509500, 3674000; 509250, 
3674000; 509250, 3673250; 509750, 3673250; 509750, 3672750; 509500, 
3672750; 509500, 3672500; 509250, 3672500; 509250, 3672250; 508750, 
3672250; 508750, 3672000; 508000, 3672000; 508000, 3671750; 508500, 
3671750; 508500, 3671500; 508750, 3671500; 508750, 3671250; 508500, 
3671250; 508500, 3670750; 507750, 3670750; 507750, 3670250; 507250, 
3670250; 507250, 3670000; 507000, 3670000; 507000, 3669250; 506750, 
3669250; 506750, 3668750; 506250, 3668750; 506250, 3668500; 506000, 
3668500; 506000, 3668250; 505500, 3668250; 505500, 3667500; 505750, 
3667500; 505750, 3667000; 506000, 3667000; 506000, 3666500; 506250, 
3666500; 506250, 3666250; 506500, 3666250; 506500, 3665750; 506250, 
3665750; 506250, 3665500; 506000, 3665500; 506000, 3664750; 505750, 
3664750; 505750, 3664500; 505250, 3664500; 505250, 3664250; 505000, 
3664250; 505000, 3664750; 505250, 3664750; 505250, 3665750; 505500, 
3665750; 505500, 3666500; 505250, 3666500; 505250, 3667250; 505000, 
3667250; 505000, 3667750; 504750, 3667750; 504750, 3668250; 505000, 
3668250; 505000, 3669000; 505500, 3669000; 505500, 3669500; 506000, 
3669500; 506000, 3670000; 505750, 3670000; 505750, 3670750; 506250, 
3670750; 506250, 3671250; 506500, 3671250; 506500, 3671500; 506750, 
3671500; 506750, 3671750; 507000, 3671750; 507000, 3672750; 507500, 
3672750; 507500, 3673750; 507750, 3673750; 507750, 3674250; 508000, 
3674250; 508000, 3674500; 508500, 3674500; 508500, 3674750.
    Subunit 16c: From USGS 1:24,000 quadrangle map San Pasqual, the 
lands bounded by the following UTM coordinates (E, N): 504000, 
3658250; 505000, 3658250; 505000, 3657750; 505500, 3657750; 505500, 
3657250; 505750, 3657250; 505750, 3657000; 506000, 3657000; 506000, 
3656250; 506500, 3656250; 506500, 3656000; 506750, 3656000; 506750, 
3655500; 507500, 3655500; 507500,

[[Page 9468]]

3655000; 507750, 3655000; 507750, 3655250; 508750, 3655250; 508750, 
3655500; 508500, 3655500; 508500, 3655750; 508250, 3655750; 508250, 
3656000; 508500, 3656000; 508500, 3656250; 509000, 3656250; 509000, 
3656500; 511000, 3656500; 511000, 3656000; 511250, 3656000; 511250, 
3655250; 511000, 3655250; 511000, 3655000; 510750, 3655000; 510750, 
3654750; 510500, 3654750; 510500, 3654250; 510250, 3654250; 510250, 
3654000; 509750, 3654000; 509750, 3653500; 509500, 3653500; 509500, 
3653250; 508500, 3653250; 508500, 3653500; 506750, 3653500; 506750, 
3653750; 506000, 3653750; 506000, 3654000; 505500, 3654000; 505500, 
3654500; 504500, 3654500; 504500, 3655000; 504000, 3655000; 504000, 
3655500; 504250, 3655500; 504250, 3656500; 504500, 3656500; 504500, 
3657000; 504750, 3657000; 504750, 3657250; 504250, 3657250; 504250, 
3658000; 504000, 3658000; 504000, 3658250.
[GRAPHIC] [TIFF OMITTED] TR07FE01.013

Map Unit 17: San Diego River and San Vicente Creek, San Diego County, 
California

    Subunit 17a: From USGS 1:24,000 quadrangle maps El Cajon Mtn., 
Tule Springs and Santa Ysabel, the lands bounded by the following 
UTM coordinates (E, N): 525500, 3653000; 525750, 3653000; 525750, 
3652750; 526000, 3652750; 526000, 3652000; 525750, 3652000; 525750, 
3651250; 525500, 3651250; 525500, 3650750; 525250, 3650750; 525250, 
3650250; 525500, 3650250; 525500, 3650500; 526000, 3650500; 526000, 
3650000; 525500, 3650000; 525500, 3649750; 524750, 3649750; 524750, 
3649500; 524500, 3649500; 524500, 3649250; 524250, 3649250; 524250, 
3649000; 524750, 3649000; 524750, 3648750; 525000, 3648750; 525000, 
3648250; 524750, 3648250; 524750, 3647500; 524500, 3647500; 524500, 
3647250; 524000, 3647250; 524000, 3647000; 523750, 3647000; 523750, 
3646500; 523250, 3646500; 523250, 3646250; 522750, 3646250; 522750, 
3646500; 522250, 3646500; 522250, 3647000; 522500, 3647000; 522500, 
3647250; 523500, 3647250; 523500, 3647750; 523750, 3647750; 523750, 
3648000; 524250, 3648000; 524250, 3648500; 524000, 3648500; 524000, 
3648750; 523750, 3648750; 523750, 3649500; 524000, 3649500; 524000, 
3650250; 524250, 3650250; 524250, 3650500; 524500, 3650500; 524500, 
3650750; 524750, 3650750; 524750, 3651000; 525000, 3651000; 525000, 
3651500; 525250, 3651500; 525250, 3652000; 525500, 3652000; 525500, 
3653000.
    Subunit 17b: From USGS 1:24,000 quadrangle map El Cajon Mtn., 
the lands bounded by the following UTM coordinates (E, N): 516500, 
3638750; 516750, 3638750; 516750, 3638500; 517000, 3638500; 517000, 
3638750; 518000, 3638750; 518000, 3638000; 516500, 3638000; 516500, 
3638750.
    Subunit 17c: From USGS 1:24,000 quadrangle maps El Cajon, San 
Vicente Reservoir, and El Cajon Mtn., the lands bounded by the 
following UTM coordinates (E, N): 513000, 3639000; 513500, 3639000; 
513500, 3638500; 513250, 3638500; 513250, 3637750; 513000, 3637750; 
513000, 3637500; 512500, 3637500; 512500, 3637250; 511500, 3637250; 
511500, 3637000; 511250, 3637000; 511250, 3636750; 511000, 3636750; 
511000, 3636500; 510500, 3636500; 510500, 3636250; 510000, 3636250; 
510000, 3636000; 509750, 3636000; 509750, 3636750; 508750, 3636750; 
508750, 3636500; 508000, 3636500; 508000, 3636750; 507750, 3636750; 
507750, 3637250; 508000, 3637250; 508000, 3637500; 508500, 3637500; 
508500, 3637250; 509750, 3637250; 509750, 3637000; 510000, 3637000; 
510000, 3637250; 510500, 3637250; 510500, 3637500; 511000, 3637500; 
511000, 3637750; 511250, 3637750; 511250, 3638000; 511500, 3638000; 
511500, 3638250; 512000, 3638250; 512000, 3638500; 513000, 3638500; 
513000, 3639000.
    Subunit 17d: From USGS 1:24,000 quadrangle maps El Cajon Mtn., 
and Ramona, the lands bounded by the following UTM coordinates (E, 
N): 516000, 3652000; 517750, 3652000; 517750, 3651750; 518000, 
3651750; 518000, 3650750; 517500, 3650750; 517500, 3651250; 517000, 
3651250; 517000, 3651000; 516250, 3651000; 516250, 3650750; 515500, 
3650750; 515500, 3650500; 515000, 3650500; 515000, 3650250; 515250, 
3650250; 515250, 3650000; 514750, 3650000; 514750, 3650500; 514500, 
3650500; 514500, 3650750; 514000, 3650750; 514000, 3651000; 514250, 
3651000; 514250, 3651250; 514500, 3651250; 514500, 3651500; 516000, 
3651500; 516000, 3652000.

[[Page 9469]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.014

Map Unit 18: Sweetwater River, San Diego County, California

    Subunit 18a: From USGS 1:24,000 quadrangle maps Viejas Mountain, 
Descanso, and Cuyamaca Peak, the lands bounded by the following UTM 
coordinates (E, N): 536250, 3636500; 536250, 3636250; 536500, 
3636250; 536500, 3636000; 536750, 3636000; 536750, 3635500; 537000, 
3635500; 537000, 3634750; 536500, 3634750; 536500, 3634500; 536750, 
3634500; 536750, 3634250; 536500, 3634250; 536500, 3634000; 536750, 
3634000; 536750, 3633500; 536500, 3633500; 536500, 3633250; 536250, 
3633250; 536250, 3633000; 535750, 3633000; 535750, 3632500; 535500, 
3632500; 535500, 3632250; 535000, 3632250; 535000, 3632750; 534250, 
3632750; 534250, 3633000; 533750, 3633000; 533750, 3632500; 533500, 
3632500; 533500, 3632250; 532500, 3632250; 532500, 3632500; 531750, 
3632500; 531750, 3632250; 531500, 3632250; 531500, 3632000; 531000, 
3632000; 531000, 3631750; 530500, 3631750; 530500, 3631500; 530000, 
3631500; 530000, 3631250; 529750, 3631250; 529750, 3631000; 528500, 
3631000; 528500, 3631250; 527750, 3631250; 527750, 3631000; 527500, 
3631000; 527500, 3630750; 527250, 3630750; 527250, 3630250; 526750, 
3630250; 526750, 3630000; 526250, 3630000; 526250, 3630500; 526500, 
3630500; 526500, 3630750; 526750, 3630750; 526750, 3631000; 527000, 
3631000; 527000, 3631250; 527500, 3631250; 527500, 3631500; 527750, 
3631500; 527750, 3631750; 528000, 3631750; 528000, 3631500; 528750, 
3631500; 528750, 3631750; 529000, 3631750; 529000, 3631500; 529250, 
3631500; 529250, 3631750; 530000, 3631750; 530000, 3632000; 530250, 
3632000; 530250, 3632250; 530500, 3632250; 530500, 3632750; 531500, 
3632750; 531500, 3633000; 532250, 3633000; 532250, 3633250; 532500, 
3633250; 532500, 3633000; 532750, 3633000; 532750, 3632750; 533250, 
3632750; 533250, 3633250; 533500, 3633250; 533500, 3633500; 534500, 
3633500; 534500, 3633750; 535250, 3633750; 535250, 3633250; 535500, 
3633250; 535500, 3633500; 536000, 3633500; 536000, 3634250; 535500, 
3634250; 535500, 3634750; 535250, 3634750; 535250, 3635000; 535750, 
3635000; 535750, 3635250; 535500, 3635250; 535500, 3635750; 535000, 
3635750; 535000, 3636000; 534750, 3636000; 534750, 3636750; 535250, 
3636750; 535250, 3637000; 535000, 3637000; 535000, 3637250; 535250, 
3637250; 535250, 3637750; 535750, 3637750; 535750, 3637500; 536250, 
3637500; 536250, 3637250; 536750, 3637250; 536750, 3637750; 537000, 
3637750; 537000, 3638500; 537250, 3638500; 537250, 3639000; 537500, 
3639000; 537500, 3639750; 537750, 3639750; 537750, 3640250; 538000, 
3640250; 538000, 3640500; 538500, 3640500; 538500, 3640250; 538750, 
3640250; 538750, 3640750; 538500, 3640750; 538500, 3641250; 539500, 
3641250; 539500, 3641500; 539750, 3641500; 539750, 3641750; 540000, 
3641750; 540000, 3642250; 540250, 3642250; 540250, 3642500; 540500, 
3642500; 540500, 3642750; 540750, 3642750; 540750, 3643250; 541000, 
3643250; 541000, 3643500; 541250, 3643500; 541250, 3643750; 541500, 
3643750; 541500, 3645000; 542000, 3645000; 542000, 3645500; 542250, 
3645500; 542250, 3645750; 542500, 3645750; 542500, 3646250; 542750, 
3646250; 542750, 3647250; 543000, 3647250; 543000, 3648500; 543250, 
3648500; 543250, 3648750; 543500, 3648750; 543500, 3648500; 543750, 
3648500; 543750, 3648250; 543500, 3648250; 543500, 3647000; 543250, 
3647000; 543250, 3646000; 543000, 3646000; 543000, 3645250; 542750, 
3645250; 542750, 3644750; 542500, 3644750; 542500, 3644000; 542750, 
3644000; 542750, 3643500; 542000, 3643500; 542000, 3643000; 541500, 
3643000; 541500, 3642250; 541250, 3642250; 541250, 3642000; 541000, 
3642000; 541000, 3641500; 540500, 3641500; 540500, 3641250; 540250, 
3641250; 540250, 3641000; 540000, 3641000; 540000, 3640750; 539500, 
3640750; 539500, 3639750; 538500, 3639750; 538500, 3639500; 538000, 
3639500; 538000, 3638750; 537750, 3638750; 537750, 3637750; 537250, 
3637750; 537250, 3637250; 537000, 3637250; 537000, 3636750; 536750, 
3636750; 536750, 3636500; 536250, 3636500; excluding land bounded by 
536250, 3636500; 536250, 3636750; 536000, 3636750; 536000, 3637000; 
535750, 3637000; 535750, 3636500; 536250, 3636500.
    Subunit 18b: From USGS 1:24,000 quadrangle maps Viejas Mountain, 
and Alpine, the lands bounded by the following UTM coordinates (E, 
N): 523500, 3629750; 524250, 3629750; 524250, 3629500; 524000, 
3629500; 524000, 3628750; 524500, 3628750; 524500, 3628500; 525000, 
3628500; 525000, 3628750; 525500, 3628750; 525500, 3628500; 526250, 
3628500; 526250, 3628750; 526750, 3628750; 526750, 3628250; 526500, 
3628250; 526500, 3628000; 525250, 3628000; 525250,

[[Page 9470]]

3628250; 525000, 3628250; 525000, 3628000; 524500, 3628000; 524500, 
3627500; 524000, 3627500; 524000, 3627750; 523250, 3627750; 523250, 
3628250; 523000, 3628250; 523000, 3629000; 523500, 3629000; 523500, 
3629750.
    Subunit 18c: From USGS 1:24,000 quadrangle maps Alpine, El 
Cajon, and Jamul Mts., the lands bounded by the following UTM 
coordinates (E, N): 514750, 3626500; 515250, 3626500; 515250, 
3626000; 515000, 3626000; 515000, 3625750; 514750, 3625750; 514750, 
3625500; 515500, 3625500; 515500, 3625750; 515750, 3625750; 515750, 
3626000; 516000, 3626000; 516000, 3626250; 516750, 3626250; 516750, 
3626000; 517750, 3626000; 517750, 3626250; 519250, 3626250; 519250, 
3626750; 519750, 3626750; 519750, 3626000; 519500, 3626000; 519500, 
3625750; 519250, 3625750; 519250, 3625500; 518500, 3625500; 518500, 
3625750; 518000, 3625750; 518000, 3625500; 516500, 3625500; 516500, 
3625750; 516250, 3625750; 516250, 3625250; 516000, 3625250; 516000, 
3625000; 515750, 3625000; 515750, 3624750; 514750, 3624750; 514750, 
3624500; 514250, 3624500; 514250, 3624750; 514000, 3624750; 514000, 
3625500; 514250, 3625500; 514250, 3625750; 513750, 3625750; 513750, 
3626250; 512750, 3626250; 512750, 3626000; 512000, 3626000; 512000, 
3626250; 511500, 3626250; 511500, 3626000; 511750, 3626000; 511750, 
3625250; 511500, 3625250; 511500, 3624750; 511250, 3624750; 511250, 
3624500; 510750, 3624500; 510750, 3624250; 510250, 3624250; 510250, 
3624000; 510000, 3624000; 510000, 3623750; 509750, 3623750; 509750, 
3623500; 509500, 3623500; 509500, 3623250; 509750, 3623250; 509750, 
3623000; 509000, 3623000; 509000, 3622250; 508500, 3622250; 508500, 
3622000; 507750, 3622000; 507750, 3621750; 507250, 3621750; 507250, 
3622000; 506500, 3622000; 506500, 3621750; 506250, 3621750; 506250, 
3621000; 505750, 3621000; 505750, 3620500; 505500, 3620500; 505500, 
3620250; 505250, 3620250; 505250, 3620000; 505000, 3620000; 505000, 
3619750; 504750, 3619750; 504750, 3619500; 504500, 3619500; 504500, 
3619250; 504250, 3619250; 504250, 3618250; 504000, 3618250; 504000, 
3618000; 503000, 3618000; 503000, 3619250; 503250, 3619250; 503250, 
3619000; 503500, 3619000; 503500, 3618750; 503750, 3618750; 503750, 
3619500; 504000, 3619500; 504000, 3619750; 504250, 3619750; 504250, 
3620000; 504500, 3620000; 504500, 3620500; 504750, 3620500; 504750, 
3621250; 505000, 3621250; 505000, 3621750; 505250, 3621750; 505250, 
3622000; 505000, 3622000; 505000, 3622500; 505250, 3622500; 505250, 
3623000; 507000, 3623000; 507000, 3622750; 507750, 3622750; 507750, 
3623000; 508000, 3623000; 508000, 3623250; 508250, 3623250; 508250, 
3623500; 508500, 3623500; 508500, 3624000; 508750, 3624000; 508750, 
3624250; 509250, 3624250; 509250, 3624500; 509500, 3624500; 509500, 
3624750; 510250, 3624750; 510250, 3625000; 510500, 3625000; 510500, 
3625250; 511000, 3625250; 511000, 3625500; 510500, 3625500; 510500, 
3626000; 510250, 3626000; 510250, 3627250; 510500, 3627250; 510500, 
3627500; 511500, 3627500; 511500, 3627250; 512000, 3627250; 512000, 
3627000; 512250, 3627000; 512250, 3626750; 512500, 3626750; 512500, 
3627000; 513250, 3627000; 513250, 3627250; 514500, 3627250; 514500, 
3627750; 515000, 3627750; 515000, 3627000; 514750, 3627000; 514750, 
3626500; excluding land bounded by 514750, 3626500; 514250, 3626500; 
514250, 3626250; 514750, 3626250; 514750, 3626500.
    Subunit 18d: From USGS 1:24,000 quadrangle map Viejas Mountain, 
the lands bounded by the following UTM coordinates (E, N): 527000, 
3634000; 527500, 3634000; 527500, 3633250; 527250, 3633250; 527250, 
3633000; 526750, 3633000; 526750, 3632750; 526500, 3632750; 526500, 
3632500; 526250, 3632500; 526250, 3632000; 525750, 3632000; 525750, 
3631750; 525500, 3631750; 525500, 3632000; 524750, 3632000; 524750, 
3632750; 525750, 3632750; 525750, 3633250; 526250, 3633250; 526250, 
3633500; 526750, 3633500; 526750, 3633750; 527000, 3633750; 527000, 
3634000.

[[Page 9471]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.015

Map Unit 19: Cottonwood-Tijuana Basin, San Diego County, California

    Subunit 19a: From USGS 1:24,000 quadrangle maps Morena 
Reservoir, Cameron Corners and Mount Laguna, the lands bounded by 
the following UTM coordinates (E,N): 547000, 3627000; 547500, 
3627000; 547500, 3626750; 547750, 3626750; 547750, 3626250; 548000, 
3626250; 548000, 3625750; 548250, 3625750; 548250, 3625500; 548500, 
3625500; 548500, 3624750; 548750, 3624750; 548750, 3623500; 549000, 
3623500; 549000, 3622750; 550000, 3622750; 550000, 3622500; 549750, 
3622500; 549750, 3621750; 549500, 3621750; 549500, 3621500; 549250, 
3621500; 549250, 3621250; 549000, 3621250; 549000, 3621500; 548750, 
3621500; 548750, 3621000; 548500, 3621000; 548500, 3620750; 548000, 
3620750; 548000, 3620250; 548250, 3620250; 548250, 3618500; 549000, 
3618500; 549000, 3620250; 549750, 3620250; 549750, 3620500; 550500, 
3620500; 550500, 3620250; 551000, 3620250; 551000, 3619500; 550500, 
3619500; 550500, 3619250; 550250, 3619250; 550250, 3618500; 550000, 
3618500; 550000, 3618250; 549750, 3618250; 549750, 3617250; 548750, 
3617250; 548750, 3617750; 548250, 3617750; 548250, 3617500; 547750, 
3617500; 547750, 3618000; 547500, 3618000; 547500, 3618750; 547250, 
3618750; 547250, 3619250; 547000, 3619250; 547000, 3617750; 546250, 
3617750; 546250, 3617500; 546000, 3617500; 546000, 3617000; 545750, 
3617000; 545750, 3616500; 545500, 3616500; 545500, 3616250; 544500, 
3616250; 544500, 3616750; 544000, 3616750; 544000, 3617250; 543750, 
3617250; 543750, 3617500; 543500, 3617500; 543500, 3619250; 543750, 
3619250; 543750, 3619500; 543500, 3619500; 543500, 3620000; 543250, 
3620000; 543250, 3620250; 543000, 3620250; 543000, 3620500; 542750, 
3620500; 542750, 3620750; 542500, 3620750; 542500, 3621000; 542250, 
3621000; 542250, 3621250; 541750, 3621250; 541750, 3621500; 541500, 
3621500; 541500, 3622000; 541750, 3622000; 541750, 3622250; 542000, 
3622250; 542000, 3622000; 542500, 3622000; 542500, 3621750; 542750, 
3621750; 542750, 3622500; 543000, 3622500; 543000, 3622250; 543250, 
3622250; 543250, 3622000; 543500, 3622000; 543500, 3621500; 543750, 
3621500; 543750, 3621250; 544000, 3621250; 544000, 3621000; 544250, 
3621000; 544250, 3620750; 544500, 3620750; 544500, 3620250; 544750, 
3620250; 544750, 3620000; 544500, 3620000; 544500, 3619750; 544750, 
3619750; 544750, 3619500; 545000, 3619500; 545000, 3618750; 545750, 
3618750; 545750, 3619000; 546250, 3619000; 546250, 3619500; 546500, 
3619500; 546500, 3620000; 546750, 3620000; 546750, 3620250; 547000, 
3620250; 547000, 3621750; 547250, 3621750; 547250, 3622500; 547000, 
3622500; 547000, 3624500; 547250, 3624500; 547250, 3626250; 547000, 
3626250; 547000, 3627000; excluding land bounded by 544750, 3618500; 
544750, 3618000; 545000, 3618000; 545000, 3618500; 544750, 3618500.
    Subunit 19b: From USGS 1:24,000 quadrangle maps Barrett Lake, 
Tecate, Potrero and Morena Reservoir, the lands bounded by the 
following UTM coordinates (E,N): 530750, 3615750; 531000, 3615750; 
531000, 3614500; 530750, 3614500; 530750, 3614000; 530500, 3614000; 
530500, 3613500; 530250, 3613500; 530250, 3613000; 530500, 3613000; 
530500, 3612000; 530250, 3612000; 530250, 3611250; 529750, 3611250; 
529750, 3611000; 530000, 3611000; 530000, 3610250; 530250, 3610250; 
530250, 3609750; 530000, 3609750; 530000, 3609500; 529750, 3609500; 
529750, 3609250; 529250, 3609250; 529250, 3608750; 529000, 3608750; 
529000, 3607750; 529500, 3607750; 529500, 3607500; 530250, 3607500; 
530250, 3607250; 530500, 3607250; 530500, 3607000; 530250, 3607000; 
530250, 3606750; 530750, 3606750; 530750, 3606500; 531750, 3606500; 
531750, 3606750; 532500, 3606750; 532500, 3607000; 533250, 3607000; 
533250, 3607500; 534250, 3607500; 534250, 3608000; 534500, 3608000; 
534500, 3608250; 535000, 3608250; 535000, 3608750; 535500, 3608750; 
535500, 3609750; 536000, 3609750; 536000, 3610000; 536250, 3610000; 
536250, 3610250; 536500, 3610250; 536500, 3610500; 537000, 3610500; 
537000, 3610750; 537500, 3610750; 537500, 3611250; 537750, 3611250; 
537750, 3611500; 538250, 3611500; 538250, 3611750; 538500, 3611750; 
538500, 3612500; 539000, 3612500; 539000, 3612750; 539250, 3612750; 
539250, 3613500; 539500, 3613500; 539500, 3613750; 540000, 3613750; 
540000, 3613250; 540250, 3613250; 540250, 3613000; 540500, 3613000; 
540500, 3612750; 540750, 3612750; 540750, 3612250; 540250, 3612250; 
540250, 3612000; 540000, 3612000; 540000, 3611750; 540250, 3611750; 
540250, 3611500; 540000, 3611500; 540000, 3611000; 539750, 3611000; 
539750, 3610250; 538500, 3610250; 538500, 3610000; 538250, 3610000; 
538250,

[[Page 9472]]

3609500; 537250, 3609500; 537250, 3609250; 537750, 3609250; 537750, 
3608500; 537000, 3608500; 537000, 3608250; 536750, 3608250; 536750, 
3607500; 536500, 3607500; 536500, 3607250; 535500, 3607250; 535500, 
3607500; 534750, 3607500; 534750, 3607250; 534500, 3607250; 534500, 
3607000; 534000, 3607000; 534000, 3606750; 533500, 3606750; 533500, 
3606500; 532750, 3606500; 532750, 3606250; 532000, 3606250; 532000, 
3606000; 530750, 3606000; 530750, 3606250; 530000, 3606250; 530000, 
3607000; 529000, 3607000; 529000, 3607250; 528250, 3607250; 528250, 
3607500; 528000, 3607500; 528000, 3607750; 527750, 3607750; 527750, 
3608000; 527500, 3608000; 527500, 3608500; 528250, 3608500; 528250, 
3609000; 528500, 3609000; 528500, 3609250; 528750, 3609250; 528750, 
3609500; 529000, 3609500; 529000, 3609750; 529250, 3609750; 529250, 
3611750; 529750, 3611750; 529750, 3612500; 530000, 3612500; 530000, 
3612750; 529750, 3612750; 529750, 3613500; 530000, 3613500; 530000, 
3614000; 530250, 3614000; 530250, 3614750; 530500, 3614750; 530500, 
3615250; 530750, 3615250; 530750, 3615750; and lands bounded by the 
following UTM coordinates (E, N): 534250, 3616250; 535250, 3616250; 
535250, 3616000; 536500, 3616000; 536500, 3615750; 537000, 3615750; 
537000, 3616000; 538000, 3616000; 538000, 3615750; 538750, 3615750; 
538750, 3615500; 539500, 3615500; 539500, 3615250; 540250, 3615250; 
540250, 3615000; 540750, 3615000; 540750, 3614500; 539750, 3614500; 
539750, 3614750; 539500, 3614750; 539500, 3615000; 538250, 3615000; 
538250, 3615250; 536000, 3615250; 536000, 3615500; 535000, 3615500; 
535000, 3615750; 534250, 3615750; 534250, 3616250.
    Subunit 19c: From USGS 1:24,000 quadrangle maps Descanso, and 
Cuyamaca Peak, the lands bounded by the following UTM coordinates 
(E, N): 544750, 3633000; 545250, 3633000; 545250, 3632250; 546250, 
3632250; 546250, 3632500; 546750, 3632500; 546750, 3632000; 546500, 
3632000; 546500, 3631750; 546250, 3631750; 546250, 3631500; 546000, 
3631500; 546000, 3631250; 545750, 3631250; 545750, 3631000; 545000, 
3631000; 545000, 3631250; 544750, 3631250; 544750, 3631000; 543750, 
3631000; 543750, 3631500; 543500, 3631500; 543500, 3632750; 543250, 
3632750; 543250, 3633000; 543000, 3633000; 543000, 3632750; 542750, 
3632750; 542750, 3632500; 542250, 3632500; 542250, 3632000; 542000, 
3632000; 542000, 3631750; 541500, 3631750; 541500, 3631250; 541250, 
3631250; 541250, 3630750; 541000, 3630750; 541000, 3630500; 540500, 
3630500; 540500, 3631250; 541000, 3631250; 541000, 3632000; 541500, 
3632000; 541500, 3632750; 542000, 3632750; 542000, 3633000; 542500, 
3633000; 542500, 3633250; 542750, 3633250; 542750, 3633750; 543250, 
3633750; 543250, 3633500; 543500, 3633500; 543500, 3634250; 543750, 
3634250; 543750, 3634500; 544250, 3634500; 544250, 3635250; 544500, 
3635250; 544500, 3636000; 544750, 3636000; 544750, 3636500; 545000, 
3636500; 545000, 3637000; 544750, 3637000; 544750, 3637250; 544500, 
3637250; 544500, 3637750; 544250, 3637750; 544250, 3638500; 543750, 
3638500; 543750, 3639000; 544250, 3639000; 544250, 3638750; 544750, 
3638750; 544750, 3638250; 545000, 3638250; 545000, 3637750; 545250, 
3637750; 545250, 3637500; 545500, 3637500; 545500, 3636750; 545750, 
3636750; 545750, 3636500; 546250, 3636500; 546250, 3636250; 546500, 
3636250; 546500, 3636000; 546250, 3636000; 546250, 3635750; 546000, 
3635750; 546000, 3635500; 545750, 3635500; 545750, 3635750; 545250, 
3635750; 545250, 3635250; 545000, 3635250; 545000, 3634250; 544750, 
3634250; 544750, 3633000; excluding land bounded by 544750, 3633000; 
544500, 3633000; 544500, 3632750; 544750, 3632750; 544750, 3633000.
    Subunit 19d: From USGS 1:24,000 quadrangle maps Barrett Lake, 
Viejas Mtn. and Descanso, the lands bounded by the following UTM 
coordinates (E, N): 536750, 3629250; 537000, 3629250; 537000, 
3629000; 537250, 3629000; 537250, 3628500; 536750, 3628500; 536750, 
3628250; 536500, 3628250; 536500, 3628000; 536250, 3628000; 536250, 
3627750; 536000, 3627750; 536000, 3627500; 535500, 3627500; 535500, 
3627000; 535000, 3627000; 535000, 3626750; 534750, 3626750; 534750, 
3626250; 534500, 3626250; 534500, 3626000; 534250, 3626000; 534250, 
3625750; 534000, 3625750; 534000, 3625250; 533750, 3625250; 533750, 
3625000; 534000, 3625000; 534000, 3624750; 533750, 3624750; 533750, 
3624250; 533250, 3624250; 533250, 3622500; 533000, 3622500; 533000, 
3621500; 532750, 3621500; 532750, 3620750; 532500, 3620750; 532500, 
3620250; 532250, 3620250; 532250, 3620000; 531750, 3620000; 531750, 
3619250; 531500, 3619250; 531500, 3618750; 531000, 3618750; 531000, 
3619500; 531250, 3619500; 531250, 3620500; 531500, 3620500; 531500, 
3620750; 531750, 3620750; 531750, 3620500; 532000, 3620500; 532000, 
3621000; 532250, 3621000; 532250, 3621500; 532500, 3621500; 532500, 
3621750; 532250, 3621750; 532250, 3622500; 532500, 3622500; 532500, 
3623750; 532250, 3623750; 532250, 3623500; 531500, 3623500; 531500, 
3623750; 531250, 3623750; 531250, 3624000; 531500, 3624000; 531500, 
3624250; 531750, 3624250; 531750, 3624750; 532000, 3624750; 532000, 
3625000; 532500, 3625000; 532500, 3624000; 532750, 3624000; 532750, 
3624500; 533000, 3624500; 533000, 3624750; 533250, 3624750; 533250, 
3625500; 533500, 3625500; 533500, 3626250; 533750, 3626250; 533750, 
3626500; 534000, 3626500; 534000, 3626750; 534250, 3626750; 534250, 
3627250; 534500, 3627250; 534500, 3627500; 534750, 3627500; 534750, 
3627750; 535000, 3627750; 535000, 3628000; 535750, 3628000; 535750, 
3628250; 536000, 3628250; 536000, 3628500; 536250, 3628500; 536250, 
3629000; 536750, 3629000; 536750, 3629250.
    Map Unit 20 (see map of Units 6, 7, and 20): Little Rock Creek, 
Los Angeles County, California. From USGS 1:24,000 quadrangle maps 
Juniper Hills and Pacifico Mtn., the lands bounded by the following 
UTM coordinates (E, N): 406250, 3814750; 406500, 3814750; 406500, 
3814250; 406750, 3814250; 406750, 3813250; 407000, 3813250; 407000, 
3812250; 407250, 3812250; 407250, 3812000; 407500, 3812000; 407500, 
3811500; 408000, 3811500; 408000, 3811250; 408750, 3811250; 408750, 
3811000; 409000, 3811000; 409000, 3810750; 409250, 3810750; 409250, 
3810500; 409500, 3810500; 409500, 3810000; 410000, 3810000; 410000, 
3809750; 410250, 3809750; 410250, 3809250; 410500, 3809250; 410500, 
3809000; 411000, 3809000; 411000, 3808250; 411250, 3808250; 411250, 
3808000; 411500, 3808000; 411500, 3807500; 411000, 3807500; 411000, 
3807750; 410750, 3807750; 410750, 3808250; 410500, 3808250; 410500, 
3808500; 410250, 3808500; 410250, 3809000; 410000, 3809000; 410000, 
3809250; 409750, 3809250; 409750, 3809500; 409500, 3809500; 409500, 
3809750; 409000, 3809750; 409000, 3810250; 408750, 3810250; 408750, 
3810500; 408000, 3810500; 408000, 3810750; 407750, 3810750; 407750, 
3811000; 407250, 3811000; 407250, 3811250; 407000, 3811250; 407000, 
3811500; 406750, 3811500; 406750, 3811750; 406500, 3811750; 406500, 
3813000; 406250, 3813000; 406250, 3813750; 406000, 3813750; 406000, 
3813500; 405750, 3813500; 405750, 3813250; 405500, 3813250; 405500, 
3813000; 405000, 3813000; 405000, 3812750; 404750, 3812750; 404750, 
3813250; 405000, 3813250; 405000, 3813500; 405250, 3813500; 405250, 
3813750; 405500, 3813750; 405500, 3814000; 405750, 3814000; 405750, 
3814250; 406000, 3814250; 406000, 3814500; 406250, 3814500; 406250, 
3814750.

[[Page 9473]]

[GRAPHIC] [TIFF OMITTED] TR07FE01.016

Map Unit 21: Mojave River, San Bernardino County, California

    Subunit 21a: From USGS 1:24,000 quadrangle maps Cajon, 
Silverwood Lake, Lake Arrowhead and Butler Peak, the lands bounded 
by the following UTM coordinates (E, N): 476750, 3803500; 478750, 
3803500; 478750, 3802000; 478500, 3802000; 478500, 3801000; 478750, 
3801000; 478750, 3800750; 479000, 3800750; 479000, 3800500; 479250, 
3800500; 479250, 3800250; 480750, 3800250; 480750, 3800000; 481000, 
3800000; 481000, 3800250; 482000, 3800250; 482000, 3800500; 482500, 
3800500; 482500, 3800250; 484250, 3800250; 484250, 3800000; 484750, 
3800000; 484750, 3799750; 485000, 3799750; 485000, 3799500; 485500, 
3799500; 485500, 3798500; 486750, 3798500; 486750, 3798250; 487000, 
3798250; 487000, 3797500; 487500, 3797500; 487500, 3796250; 488250, 
3796250; 488250, 3795750; 488500, 3795750; 488500, 3795500; 488750, 
3795500; 488750, 3795250; 489000, 3795250; 489000, 3795000; 488750, 
3795000; 488750, 3794250; 488500, 3794250; 488500, 3793750; 488250, 
3793750; 488250, 3794000; 488000, 3794000; 488000, 3794500; 488250, 
3794500; 488250, 3795000; 488500, 3795000; 488500, 3795250; 488000, 
3795250; 488000, 3795750; 487500, 3795750; 487500, 3796000; 487000, 
3796000; 487000, 3796500; 487250, 3796500; 487250, 3796750; 487000, 
3796750; 487000, 3797000; 486750, 3797000; 486750, 3797250; 486500, 
3797250; 486500, 3797750; 486000, 3797750; 486000, 3798000; 485250, 
3798000; 485250, 3798500; 485000, 3798500; 485000, 3799250; 484500, 
3799250; 484500, 3799500; 483250, 3799500; 483250, 3799750; 482750, 
3799750; 482750, 3799500; 482500, 3799500; 482500, 3799750; 481250, 
3799750; 481250, 3799500; 480500, 3799500; 480500, 3799750; 479750, 
3799750; 479750, 3799500; 479000, 3799500; 479000, 3799750; 478750, 
3799750; 478750, 3799500; 477750, 3799500; 477750, 3799000; 477500, 
3799000; 477500, 3798750; 476750, 3798750; 476750, 3799000; 475750, 
3799000; 475750, 3798750; 475250, 3798750; 475250, 3798500; 475000, 
3798500; 475000, 3798000; 474250, 3798000; 474250, 3797500; 473750, 
3797500; 473750, 3797250; 473500, 3797250; 473500, 3796750; 473250, 
3796750; 473250, 3796250; 473000, 3796250; 473000, 3796000; 472000, 
3796000; 472000, 3796250; 471000, 3796250; 471000, 3796000; 470000, 
3796000; 470000, 3795750; 468500, 3795750; 468500, 3796000; 468250, 
3796000; 468250, 3796250; 468000, 3796250; 468000, 3796000; 467750, 
3796000; 467750, 3796250; 466500, 3796250; 466500, 3796000; 466000, 
3796000; 466000, 3795750; 465500, 3795750; 465500, 3795500; 465000, 
3795500; 465000, 3795750; 464500, 3795750; 464500, 3796000; 464250, 
3796000; 464250, 3796250; 463750, 3796250; 463750, 3796500; 462500, 
3796500; 462500, 3796750; 462250, 3796750; 462250, 3797000; 462000, 
3797000; 462000, 3797250; 461500, 3797250; 461500, 3797750; 462500, 
3797750; 462500, 3797500; 462750, 3797500; 462750, 3797250; 463250, 
3797250; 463250, 3797000; 464000, 3797000; 464000, 3796750; 464750, 
3796750; 464750, 3796500; 466000, 3796500; 466000, 3796750; 465750, 
3796750; 465750, 3797500; 467750, 3797500; 467750, 3797250; 468250, 
3797250; 468250, 3797000; 468500, 3797000; 468500, 3797250; 468750, 
3797250; 468750, 3797000; 469000, 3797000; 469000, 3796750; 469750, 
3796750; 469750, 3797000; 469500, 3797000; 469500, 3797500; 470000, 
3797500; 470000, 3798000; 470250, 3798000; 470250, 3798500; 470500, 
3798500; 470500, 3798250; 470750, 3798250; 470750, 3798500; 471000, 
3798500; 471000, 3798750; 471750, 3798750; 471750, 3799000; 473500, 
3799000; 473500, 3799250; 473750, 3799250; 473750, 3799500; 474250, 
3799500; 474250, 3799750; 475000, 3799750; 475000, 3800000; 475500, 
3800000; 475500, 3800250; 476250, 3800250; 476250, 3800000; 476500, 
3800000; 476500, 3800250; 477000, 3800250; 477000, 3800500; 477250, 
3800500; 477250, 3800750; 477000, 3800750; 477000, 3801000; 476750, 
3801000; 476750, 3802500; 477000, 3802500; 477000, 3802750; 476750, 
3802750; 476750, 3803500.
    Subunit 21b: From USGS 1:24,000 quadrangle maps Victorville, 
Hesperia, and Helendale, the lands bounded by the following UTM 
coordinates (E, N): 467250, 3831750; 468750, 3831750; 468750, 
3829500; 469000, 3829500; 469000, 3829000; 469250, 3829000; 469250, 
3828500; 469500, 3828500; 469500, 3828000; 469750, 3828000; 469750, 
3826250; 470000, 3826250; 470000, 3826000; 470500, 3826000; 470500, 
3825750; 471000, 3825750; 471000, 3825500; 471250, 3825500; 471250, 
3825250; 472000, 3825250; 472000, 3825000; 472250, 3825000; 472250, 
3824750; 472750, 3824750; 472750, 3824500; 473000, 3824500; 473000, 
3824250; 473250, 3824250;

[[Page 9474]]

473250, 3824000; 473500, 3824000; 473500, 3823750; 473750, 3823750; 
473750, 3822250; 474000, 3822250; 474000, 3821750; 473750, 3821750; 
473750, 3821500; 474000, 3821500; 474000, 3821250; 474500, 3821250; 
474500, 3821000; 474750, 3821000; 474750, 3820750; 475000, 3820750; 
475000, 3820500; 475250, 3820500; 475250, 3820250; 475750, 3820250; 
475750, 3819500; 476000, 3819500; 476000, 3819250; 476250, 3819250; 
476250, 3818750; 476500, 3818750; 476500, 3818000; 476750, 3818000; 
476750, 3817250; 477000, 3817250; 477000, 3816750; 475750, 3816750; 
475750, 3817500; 474750, 3817500; 474750, 3818000; 474500, 3818000; 
474500, 3818250; 474250, 3818250; 474250, 3818750; 474000, 3818750; 
474000, 3819500; 473750, 3819500; 473750, 3819750; 473500, 3819750; 
473500, 3820750; 473750, 3820750; 473750, 3821000; 473000, 3821000; 
473000, 3821250; 472750, 3821250; 472750, 3821500; 472500, 3821500; 
472500, 3822000; 472250, 3822000; 472250, 3822500; 472000, 3822500; 
472000, 3823250; 471750, 3823250; 471750, 3823750; 471500, 3823750; 
471500, 3824000; 471250, 3824000; 471250, 3824750; 471000, 3824750; 
471000, 3825000; 470750, 3825000; 470750, 3825250; 469000, 3825250; 
469000, 3825500; 468500, 3825500; 468500, 3826250; 468250, 3826250; 
468250, 3827500; 468000, 3827500; 468000, 3827750; 467750, 3827750; 
467750, 3828250; 467500, 3828250; 467500, 3829750; 467250, 3829750; 
467250, 3831750.
    Subunit 21c: From USGS 1:24,000 quadrangle maps Cajon, and 
Silverwood Lake, the lands bounded by the following UTM coordinates 
(E, N): 466000, 3794250; 468250, 3794250; 468250, 3793500; 467500, 
3793500; 467500, 3793250; 467000, 3793250; 467000, 3793500; 466750, 
3793500; 466750, 3793750; 466500, 3793750; 466500, 3793500; 465750, 
3793500; 465750, 3793250; 465250, 3793250; 465250, 3793500; 465000, 
3793500; 465000, 3793750; 465500, 3793750; 465500, 3794000; 466000, 
3794000; 466000, 3794250.
    Map Unit 22 (see map of Units 9 and 22): Whitewater River, 
Riverside County, California. From USGS 1:24,000 quadrangle maps 
Catclaw Flat, and White Water, the lands bounded by the following 
UTM coordinates (E, N): 530250, 3764000; 531000, 3764000; 531000, 
3763250; 531250, 3763250; 531250, 3762250; 531500, 3762250; 531500, 
3762000; 531750, 3762000; 531750, 3761250; 532000, 3761250; 532000, 
3760750; 532250, 3760750; 532250, 3760500; 532500, 3760500; 532500, 
3759750; 532750, 3759750; 532750, 3758750; 533000, 3758750; 533000, 
3757750; 533250, 3757750; 533250, 3757500; 533500, 3757500; 533500, 
3756250; 533750, 3756250; 533750, 3754750; 533500, 3754750; 533500, 
3755000; 533000, 3755000; 533000, 3755250; 532750, 3755250; 532750, 
3757250; 532500, 3757250; 532500, 3757500; 532250, 3757500; 532250, 
3758000; 532000, 3758000; 532000, 3759000; 531750, 3759000; 531750, 
3760000; 531500, 3760000; 531500, 3760750; 531000, 3760750; 531000, 
3761000; 530750, 3761000; 530750, 3761500; 530500, 3761500; 530500, 
3762000; 530250, 3762000; 530250, 3763250; 530000, 3763250; 530000, 
3763750; 530250, 3763750; 530250, 3764000.
* * * * *


    Dated: January 19, 2001.
Kenneth L. Smith,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-2253 Filed 2-6-01; 8:45 am]
BILLING CODE 4310-55-P