[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Proposed Rules]
[Pages 10440-10469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1836]



[[Page 10440]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AHO4


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for Chorizanthe pungens var. pungens 
(Monterey Spineflower)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat pursuant to the Endangered Species Act of 
1973, as amended (Act), for Chorizanthe pungens var. pungens (Monterey 
spineflower). Approximately 10,400 hectares (25,800 acres) of land fall 
within the boundaries of the proposed critical habitat designation. 
Proposed critical habitat is located in Santa Cruz and Monterey 
counties, California. Critical habitat receives protection from 
destruction or adverse modification through required consultation under 
section 7 of the Act with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 4 of the Act requires us to 
consider economic and other relevant impacts when specifying any 
particular area as critical habitat.
    Proposed critical habitat does not include lands covered by the one 
existing legally operative incidental take permit issued under section 
10(a)(1)(B) of the Act that includes Chorizanthe pungens var. pungens 
as a covered species. 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 
Chorizanthe pungens var. pungens will outweigh the benefits of 
including them. In areas where HCPs have not yet had permits issued, we 
have proposed critical habitat according to the factors outlined in 
this rule.
    We solicit data and comments from the public on all aspects of this 
proposal, including data on economic and other impacts of the 
designation and our approaches for handling HCPs. We may revise this 
proposal to incorporate or address new information received during the 
comment period.

DATES: We will accept comments until April 16, 2001. Public hearing 
requests must be received by April 2, 2001.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    You may submit written comments and information to the Field 
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2493 Portola Road, Suite B, Ventura, California, 93003.
    You may also send comments by electronic mail (e-mail) to 
[email protected]. See the Public Comments Solicited section below for 
file format and other information about electronic filing.
    You may hand-deliver comments to our Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, California 93003.
    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Connie Rutherford or Diane Pratt, 
Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite B, Ventura, California 93003 (telephone 805/644-
1766; facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

    Chorizanthe pungens var. pungens is endemic to sandy soils in 
coastal areas in southern Santa Cruz and northern Monterey Counties, 
and in the Salinas Valley in interior Monterey County. In California, 
the spineflower genus (Chorizanthe) in the buckwheat family 
(Polygonaceae) comprises species of wiry annual herbs that inhabit dry 
sandy soils, both along the coast and inland. Because of the patchy and 
limited distribution of such soils, many species of Chorizanthe tend to 
be highly localized in their distribution.
    The overall appearance of Chorizanthe pungens var. pungens is of a 
low-growing herb that is soft-hairy and grayish or reddish in color. 
The plant has a prostrate to slightly ascending habit, with large 
individuals reaching 50 centimeters (cm) (20 inches (in)) or more in 
diameter. This taxon is distinguished by white (rarely pinkish) 
scarious margins on the lobes of the involucre that subtend the white- 
to rose-colored flowers. The aggregate of flowers (heads) tend to be 
small (less than cm (0.4 in) in diameter) and either distinctly or 
indistinctly aggregate. Chorizanthe pungens var. pungens is one of two 
varieties of the species Chorizanthe pungens. The other variety 
(Chorizanthe pungens var. hartwegiana), known as Ben Lomond 
spineflower, is restricted to the Santa Cruz Mountains, generally 
between Scotts Valley and Ben Lomond. The range of C. p. var. pungens 
partially overlaps with Chorizanthe robusta var. robusta (robust 
spineflower), another closely related taxon in the Pungentes section of 
the genus, in southern Santa Cruz County. Chorizanthe pungens var. 
hartwegiana and Chorizanthe robusta var. robusta are both endangered 
species; for a detailed description of these related taxa see the 
Recovery Plan for Seven Coastal Plants and the Myrtle's Silverspot 
Butterfly (Service 1998), the Draft Recovery Plan for the Robust 
Spineflower (Service 2000), and references within these plans.
    Chorizanthe pungens var. pungens is a short-lived annual species. 
It germinates during the winter months and flowers from April through 
June; although pollination ecology has not been studied for this taxon, 
C. p. var. pungens is likely visited by a wide array of pollinators; 
observations of pollinators on other species of Chorizanthe that occur 
in Santa Cruz County have included leaf cutter bees (megachilids), at 
least six species of butterflies, flies, and sphecid wasps (R. Morgan, 
biologist, Soquel, CA, pers. comm. 2000). Each flower produces one 
seed; depending on the vigor of an individual plant, dozens, if not 
hundred of seeds could be produced. The importance of pollinator 
activity in seed set has been demonstrated by the production of seed 
with low viability where pollinator access was limited (Harding Lawson 
Associates 2000). Seed is collectable through August. The plants turn a 
rusty hue as they dry through the summer months, eventually shattering 
during the fall. Seed dispersal is facilitated by the involucral 
spines, which attach the seed to passing animals. While animal vectors 
most likely facilitate dispersal between colonies and populations, the 
prevailing coastal winds undoubtedly play a part in scattering seed 
within colonies and populations.
    The locations where Chorizanthe pungens var. pungens occurs, with 
the exception of one (Soledad), are subject to a mild maritime climate, 
where fog helps keep summer temperatures cool and winter temperatures 
relatively warm, and provides moisture in addition to the normal winter 
rains. Chorizanthe pungens var. pungens is found in a variety of 
seemingly disparate habitat types, including active coastal dunes, 
grassland, scrub,

[[Page 10441]]

chaparral, and woodland types on interior upland sites; and interior 
floodplain dunes. However, all of these habitat types include 
microhabitat characteristics that are favored by C. p. var. pungens. 
First, all sites are on sandy soils; whether the origin of the soils 
are from active dunes, interior fossil dunes, or floodplain alluvium is 
apparently unimportant. Second, these sites are relatively open and 
free of other vegetation. In grassland and oak woodland communities, 
abundant annual grasses may outcompete C. p. var. pungens, while 
management of grass species, either through grazing, mowing or fire, 
may allow the spineflower to persist. In scrub and chaparral 
communities, C p. var. pungens does not occur under dense stands, but 
will occur between more widely spaced shrubs.
    Chorizanthe pungens var. pungens is generally distributed along the 
rim of Monterey Bay in southern Santa Cruz and northern Monterey 
Counties, and inland along the coastal plain of the Salinas Valley. At 
coastal sites ranging from the Monterey Peninsula north to Manresa 
State Beach, C. p. var. pungens is found in active coastal dune 
systems, and on coastal bluffs upon which windblown sand has been 
deposited. At one historical site on the coast near San Simeon in San 
Luis Obispo County, the C. p. var. pungens has not been seen since it 
was first collected in 1842 (CNDDB 2000, D. Keil, California 
Polytechnic University, San Luis Obispo, pers. comm. 2000).
    On coastal dunes, the distribution of suitable habitat is subject 
to dynamic shifts caused by patterns of dune mobilization, 
stabilization, and successional trends in coastal dune scrub that 
increase in cover over time. Accordingly, individual colonies of 
Chorizanthe pungens var. pungens, found in gaps between stands of 
scrub, shift in distribution and size over time. Other native plants 
associated with C. p.s var. pungens include Ambrosia chamissonis (beach 
bur), Artemisia pycnocephala (coastal sagewort), Ericameria ericoides 
(mock heather), Castilleja latifolia (Monterey Indian paintbrush), and 
Lathyrus littoralis (beach pea). At some northern Monterey County 
locations, C. p. var. pungens occurs in close proximity to the 
endangered Gilia tenuiflora ssp. arenaria (sand gilia), Erysimum 
menziesii ssp. menziesii (Menzies' wallflower), Euphilotes enoptes 
smithi (Smith's blue butterfly), and the threatened Charadrius 
alexandrinus nivosus (snowy plover).
    Portions of the coastal dune and coastal scrub communities that 
support Chorizanthe pungens var. pungens have been eliminated or 
altered by recreational use, industrial and urban development, and 
military activities. Dune communities have also been altered in 
composition by the introduction of non-native species, especially 
Carpobrotus species (sea-fig or iceplant) and Ammophila arenaria 
(European beachgrass), in an attempt to stabilize shifting sands. In 
the last decade, significant efforts have been made to restore native 
dune communities, including the elimination of these non-native 
species.
    At more inland sites, Chorizanthe pungens var. pungens occurs on 
sandy, well-drained soils in a variety of plant communities, most 
frequently maritime chaparral, valley oak woodlands, and grasslands. 
The plant probably has been extirpated from a number of historical 
locations in the Salinas Valley, primarily due to conversion of the 
original grasslands and valley oak woodlands to agricultural crops 
(Reveal & Hardham 1989). Significant populations of C. p. var. pungens 
occur on lands that are referred to as former Fort Ord (U.S. Army Corps 
of Engineers (ACOE) 1992). Within grassland communities, C. p. var. 
pungens occurs along roadsides, in firebreaks, and in other disturbed 
sites, while in oak woodland, chaparral, and scrub communities, they 
occur in sandy openings between shrubs. In older stands with a high 
cover of shrubs, the plant are restricted to roadsides, firebreaks, and 
trails that bisect these communities. At former Fort Ord, the highest 
densities of C. p. var. pungens are located in the central portion of 
the firing range, where disturbance is the most frequent. This pattern 
of distribution and densities of the C. p. var. pungens on former Fort 
Ord indicate that the very activities that have disturbed C. p.s var. 
pungens habitat have also created the open conditions that result in 
high densities of the plant. Prior to onset of human use of this area, 
C. p. var. pungens may have been restricted to openings created by 
wildfires within these communities (Service 1998).
    The southwestern edge of Chorizanthe pungens var. pungens habitat 
on former Fort Ord was once continuous with habitat found in the 
community of Del Rey Oaks and at the Monterey Airport (Deb Hillyard, 
ecologist, California Department of Fish and Game, pers. comm. 2000). 
Other inland sites that support C. p. var. pungens are located in the 
area between Aptos and La Selva Beach in Santa Cruz County, and near 
Prunedale in northern Monterey County. At some of these locations, C. 
p. var. pungens occurs in close proximity with the endangered Piperia 
yadonii (Yadon's piperia) and Chorizanthe robusta var. robusta.
    Farther up the Salinas River, Chorizanthe pungens var. pungens was 
recently found on a dune located within the river floodplain near 
Soledad, Monterey County (CNDDB 2000). Two historic sites for C. p. 
var. pungens occur near here. One, near Mission Soledad, was collected 
once in 1881; the other, near San Lucas along the Salinas River, was 
collected once in 1935. Due to conversion to agriculture and 
channelization activities along the Salinas River over the last 
century, C. p. var. pungens has most likely been extirpated from these 
locations. The dune near Soledad is the only one of its size and extent 
between there and the river mouth (Brad Olsen, East Bay Regional Parks 
District, pers. comm. 2000).

Previous Federal Action

    Federal government actions for Chorizanthe pungens var. pungens 
began when we published an updated notice of review for plants on 
December 15, 1980 (45 FR 82480). This notice included Chorizanthe 
pungens var. pungens as a category 2 candidate (species for which data 
in our possession indicate listing may be appropriate, but for which 
additional biological information is needed to support a proposed 
rule). In the September 27, 1985, revised notice of review for plants 
(50 FR 39526) and in the February 21, 1990 (55 FR 6184) revised notice 
of review for plants, Chorizanthe pungens var. pungens was again 
included as a category 2 candidate.
    On October 24, 1991 (56 FR 55107), we published a proposal to list 
Chorizanthe pungens var. pungens, along with three other varieties of 
Chorizanthe, (Chorizanthe pungens var. hartwegiana, Chorizanthe robusta 
var. hartwegii, Chorizanthe robusta var. robusta), and Erysimum 
teretifolium as endangered species. The final rule listing C. p. var. 
pungens as a threatened species was published on February 4, 1994 (59 
FR 5499).
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. Our 
regulations (50 CFR 424.12(a)(1)) state that designation of critical 
habitat is not prudent when one or both of the following situations 
exist: (1) the species is threatened by taking or

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other human activity, and identification of critical habitat can be 
expected to increase the degree of threat to the species, or (2) such 
designation of critical habitat would not be beneficial to the species. 
At the time Chorizanthe pungens var. pungens was listed, we found that 
designation of critical habitat for C. p. var. pungens was prudent but 
not determinable at the time of listing, and that designation of 
critical habitat would occur once we have gathered the necessary data.
    On June 30, 1999, our failure to designate critical habitat for 
Chorizanthe pungens var. pungens and three other species within the 
time period mandated by 16 U.S.C. 1533(b)(6)(C)(ii) was challenged in 
Center for Biological Diversity v. Babbitt (Case No. C99-3202SC). On 
August 30, 2000, the U.S. District Court for the Northern District of 
California (Court) directed us to publish a proposed critical habitat 
designation within 60 days of the Court's order and a final critical 
habitat designation no later than 120 days after the proposed 
designation is published. On October 16, 2000, the Court granted the 
government's request for a stay of this order. Subsequently, by a 
stipulated settlement agreement signed by the parties on November 20, 
2000, we agreed to proposed critical habitat for the C. p. var. pungens 
by January 15, 2001.

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 conferences 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.
    In order 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), which 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 (59 FR 34271), 
provides criteria, establishes procedures, and provides guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. It requires our 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 journals, conservation plans developed by states and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials (i.e., gray literature).
    Habitat is often dynamic, and populations 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 prohibitions of section 9, 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.

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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 for Selection of Areas for Proposed Critical Habitat 
Designation

    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12) we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the survival and recovery of Chorizanthe pungens var. 
pungens. This information included information from the California 
Natural Diversity Data Base (CNDDB 2000), soil survey maps (Soil 
Conservation Service 1978, 1979), recent biological surveys and 
reports, our recovery plan for this species, additional information 
provided by interested parties, and discussions with botanical experts. 
We also conducted site visits, either cursory or more extensive, and 
frequently accompanied by agency representatives, at a number of 
locations managed by local, state or Federal agencies, including 
Manresa, Sunset, Marina, and Asilomar State Beaches, Bureau of Land 
Management lands at former Fort Ord, Moss Landing Marine Laboratory, 
and Manzanita County Park.
    Each of the critical habitat units includes areas that are 
unoccupied by Chorizanthe pungens var. pungens. Determining the 
specific areas that this taxon occupies is difficult for several 
reasons: (1) the distribution of Chorizanthe pungens var. pungens 
appears to be more closely tied to the presence of sandy soils than to 
specific plant communities; the plant communities may undergo changes 
over time, which, due to the degree of cover that is provided by that 
vegetation type, may either favor the presence of Chorizanthe pungens 
var. pungens or not; (2) the way the current distribution of 
Chorizanthe pungens var. pungens is mapped can be variable, depending 
on the scale at which patches of individuals are recorded (e.g. many 
small patches versus one large patch); and (3) depending on the climate 
and other annual variations in habitat conditions, the extent of the 
distributions may either shrink and temporarily disappear, or, if there 
is a residual seedbank present, enlarge and cover a more extensive 
area. Therefore, patches of unoccupied habitat are interspersed with 
patches of occupied habitat; the inclusion of unoccupied habitat in our 
critical habitat units reflects the dynamic nature of the habitat and 
the life history characteristics of this taxon.

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 consider those physical and biological features (primary 
constituent elements) that are essential to the conservation of the 
species and that may require special management considerations or 
protection. These include, but are not limited to--space for individual 
and population growth, and for normal behavior; food, water, air, 
light, minerals or other nutritional or physiological requirements; 
cover or shelter; sites for breeding, reproduction, or rearing of 
offspring, germination, or seed dispersal; and habitats that are 
protected from disturbance or are representative of the historic 
geographical and ecological distributions of a species.
    Little is known about the specific physical and biological 
requirements of Chorizanthe pungens var. pungens beyond that described 
in the Background section of this proposed rule.
    Several coastal dune restoration efforts have included measures to 
propagate and reintroduce Chorizanthe pungens var. pungens, notably at 
Moss Landing North Harbor, Pajaro Dunes, and the University of 
California's Moss Landing Marine Laboratory (MLML). Such efforts have 
contributed to our understanding that C. p. var. pungens readily grows 
where suitable sandy substrates occur and competition with other plant 
species is minimal (Harding Lawson Associates 2000; Joey Dorell-Canepa, 
biologist, pers. comm. 2000; Peter Slattery, dune ecologist, MLML, 
pers. comm. 2000). Where C. p. var. pungens occurs within native plant 
communities, along the coast as well as at more interior sites, it 
occupies microhabitat sites found between scrub and shrub stands where 
there is little cover from other herbaceous species. Where C. p. var. 
pungens occurs within grassland communities, the density of C. p. var. 
pungens may decrease with an increase of the density of other 
herbaceous species.
    As has been observed at Fort Ord, human caused disturbance, such as 
scraping along roadsides and firebreaks can favor the abundance of 
Chorizanthe pungens var. pungens by reducing competition from other 
herbaceous species. However, because such disturbance can also promote 
the spread and establishment of non-native species, the disturbance 
would need to be repeated frequently to maintain the establishment of 
C. p. var. pungens. Such intensive management may not be practical in 
all areas where C. p. var. pungens habitat includes a complement of 
non-native species. Moreover, while the presence of C. p.s var. pungens 
could be maintained in areas with a high abundance of non-native 
species, the habitat quality of these areas may be less than areas 
where the presence of non-native species is minimal.
    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Chorizanthe pungens var. pungens are:
    (1) sandy soils associated with active coastal dunes, coastal 
bluffs with a deposition of windblown sand, inland sites with sandy 
soils, and interior floodplain dunes;
    (2) plant communities that support associated species, including 
coastal dune, coastal scrub, grassland, maritime chaparral, oak 
woodland, and interior floodplain dune communities, and have a 
structure such that there are openings between the dominant elements 
(e.g. scrub, shrub, oak trees, clumps of herbaceous vegetation);
    (3) no or little cover by non-native species which compete for 
resources available for growth and reproduction of Chorizanthe pungens 
var. pungens;
    (4) Pollinator activity between existing colonies of Chorizanthe 
pungens var. pungens;
    (5) Physical processes, such as occasional soil disturbance, that 
support natural dune dynamics along coastal areas; and
    (6) Seed dispersal mechanisms between existing colonies and other 
potentially suitable sites.
    We selected critical habitat areas to provide for the conservation 
of Chorizanthe pungens var. pungens at five coastal sites and six 
inland sites where it is known to occur. Historic locations for which 
there are no recent records of occupancy (within the last 20 years) 
were not proposed for designation, including large areas of the Salinas 
Valley floodplain that have been converted to agriculture over the last 
100 years, potentially suitable areas around San Simeon in San Luis 
Obispo County, and along the Salinas River near San Lucas in Monterey 
County.
    The long-term probability of the survival and recovery of 
Chorizanthe pungens var. pungens is dependent upon the protection of 
existing population sites, and the maintenance of ecological functions 
within these

[[Page 10444]]

sites, including connectivity between sites within close geographic 
proximity to facilitate pollinator activity and seed dispersal 
mechanisms, and the ability to maintain disturbance factors (for 
example dune dynamics in the coastal sites, and fire disturbance at 
inland site) that maintain the openness of vegetative cover that the 
species depends on. Threats to the habitat of Chorizanthe pungens var. 
pungens include: industrial and recreational development, road 
development, human and equestrian recreational use, and dune 
stabilization as a result of the introduction of non-native species (59 
FR 5499; February 4, 1994). The areas we are proposing to designate as 
critical habitat provide some or all of the habitat components 
essential for the conservation of C. p. var. pungens. Given the 
species' need for an open plant community structure and the risk of 
non-native species, we believe that these areas may require special 
management considerations or protection.
    In our delineation of the critical habitat units, we believed it 
was important to designate core areas as well as areas that occur on 
the periphery of the Chorizanthe pungens var. pungens' range. When 
possible, areas that were in close geographic proximity were included 
in the same unit to emphasize the need to maintain connectivity between 
different populations. We also included habitat for C. p. var. pungens 
adjacent to and contiguous to areas of known occurrences to maintain 
landscape scale processes. Each mapping unit contains habitat that is 
occupied by C. p. var. pungens. Some units were mapped with a greater 
precision than others, based on the available information, the size of 
the unit, and the time allotted to complete this proposed rule. We 
anticipate that in the time between the proposed rule and the final 
rule, and based upon the additional information received during the 
public comment period, that the boundaries of certain mapping units 
will be refined.
    The proposed critical habitat units were delineated by creating 
data layers in a geographic information system (GIS) format of the 
areas of known occurrences of Chorizanthe pungens var. pungens, using 
information from the California Natural Diversity Data Base (CNDDB 
2000), recent biological surveys and reports, our recovery plan for 
this species, and discussions with botanical experts. These data layers 
were created on a base of USGS 7.5' quadrangles obtained from the State 
of California's Stephen P. Teale Data Center. We defined the boundaries 
for the proposed critical habitat units using roads and known landmarks 
and, if necessary, township, range, and section numbers from the public 
land survey.
    We also considered the status of habitat conservation plan (HCP) 
efforts in proposing 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 an HCP that identifies conservation 
measures that the permittee agrees to implement for the species to 
minimize and mitigate the impacts of the permitted incidental take. The 
only HCP that is operative and has an executed Implementation Agreement 
(IA) within critical habitat being proposed for Chorizanthe pungens 
var. pungens is the HCP for the North of Playa project site (Zander 
Associates 1995), within Sand City. 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.
    Habitat for Chorizanthe pungens var. pungens in the HCP plan area 
is already managed for the benefit of this and other covered species 
under the terms of the associated section 10(a)(1)(B) permit. The 
assurances provided through the HCP and permit are believed sufficient 
to provide for the conservation of C. p. var. pungens, and any 
additional benefit provided by designating these lands as critical 
habitat would be minimal at best. In contrast, the benefits of 
excluding lands covered by this HCP would be significant in preserving 
positive relationships with our conservation partners, particularly by 
reinforcing the regulatory assurances provided for in the 
implementation agreement for the HCP. Although these benefits may be 
relatively small in this case, we believe they outweigh the negligible 
benefits of designating this area as critical habitat. Furthermore, we 
have determined that excluding this area from critical habitat 
designation will not result in the extinction of the species. 
Consequently, these lands have not been included in this proposed 
critical habitat designation.
    A large effort is currently underway to address the conservation 
needs for a number of threatened and endangered species, in addition to 
sensitive unlisted species, for the lands formerly known as Fort Ord. 
The Defense Base Realignment and Closure Commission selected the 
11,340-ha (28,000-ac) Fort Ord for closure in 1991. As a requirement of 
a biological opinion issued by the Service in 1993, the Installation-
wide Multispecies Habitat Management Plan for Former Fort Ord, 
California (HMP), was prepared in 1994 and revised in 1997 by the Army 
to address listed, proposed, candidate, and sensitive species and their 
habitat. The HMP provides a comprehensive plan for minimizing and 
mitigating impacts to sensitive species and their habitats while 
allowing disposal and redevelopment of the base. Over 6,070 ha (15,000 
ac) would be designated for habitat conservation. Bureau of Land 
Management (BLM) would receive approximately 5,670 ha (14,000 ac) of 
undeveloped land to be managed for habitat and sensitive species. 
California Department of Parks and Recreation (CDPR) would receive the 
coastal properties, a large portion of which would be restored and 
managed for sensitive species. Several other entities would also 
receive property which they would manage for conservation of habitat 
and sensitive species. The remaining areas of the base, including many 
areas that have already been developed as part of the base operations, 
would be available for land development. As of September 2000, a total 
of approximately 4,290 ha (10,600 ac) of former Fort Ord had been 
transferred. Approximately 3,190 ha (7,880 ac) identified as habitat 
reserve were transferred, of which about 2,910 ha (7,200 ac) were 
transferred to BLM, 260 ha (640 ac) were transferred to the University 
of California, Santa Cruz, and 16 ha (40 ac) were transferred to the 
City of Marina.
    On former Fort Ord lands, the HMP would be the basis of each HCP 
submitted by a non-Federal land recipient applying for a section 
10(a)(1)(B) incidental take permit. A draft programmatic HCP submitted 
by the Fort Ord Reuse Authority is under review by the Service. 
Recently, the Army's ability to fully implement the HMP has come into 
question. If the Army is not able to fully implement those measures in 
the HMP that protect and conserve listed and sensitive species, then 
the design of reserve and development lands may need to be reevaluated. 
Due to this uncertainty and because the cleanup and transfer of lands 
is not yet complete, we are not excluding from the proposed Fort Ord 
critical habitat unit those portions of former Fort Ord that support 
Chorizanthe pungens var. pungens and are designated for development in 
the HMP. However, if the HMP is fully implemented and the anticipated 
HCPs for former Fort Ord lands are completed and implemented, then we 
anticipate

[[Page 10445]]

that development according to the current HMP would not result in an 
adverse modification of critical habitat for C. p. var. pungens.
    Throughout this designation, in selecting areas of proposed 
critical habitat we made an effort to avoid developed areas, such as 
housing developments, that are unlikely to contribute to the 
conservation of Chorizanthe pungens var. pungens. However, we did not 
map critical habitat in sufficient detail to exclude all developed 
areas, or other lands unlikely to contain the primary constituent 
elements essential for the conservation of C. p. var. pungens. Areas 
within the boundaries of the mapped units, such as buildings, roads, 
parking lots, railroads, airport runways and other paved areas, lawns, 
and other urban landscaped areas will not contain any of the primary 
constituent elements. Federal actions limited to these areas, therefore 
would not trigger a section 7 consultation, unless they affect the 
species and/or primary constituent elements in adjacent critical 
habitat.

Proposed Critical Habitat Designation

    The proposed critical habitat areas described below constitute our 
best assessment at this time of the areas needed for the conservation 
and recovery of Chorizanthe pungens var. pungens. Critical habitat 
being proposed for C. p. var. pungens includes 11 units that currently 
sustain the species. Protection of this proposed critical habitat is 
essential for the conservation of the species because the geographic 
range that C. p. var. pungens occupies has been reduced to so few sites 
that the species is threatened with extinction (59 FR 5499). The areas 
being proposed as critical habitat are either along the coast between 
Manresa State Beach in Santa Cruz County, south to Asilomar State Beach 
in Monterey County, or are at inland sites ranging from the Aptos area 
in Santa Cruz County, south to the confluence of Arroyo Seco Creek and 
the Salinas River in Monterey County, California, and include the 
appropriate dune, maritime chaparral, or oak woodland habitat that 
supports C. p. var. pungens. We propose to designate approximately 
10,400 ha (25,800 acres) of land as critical habitat for C. p. var. 
pungens. Approximately 54 percent of this area consists of federal 
lands, while State lands comprise approximately 8 percent, County lands 
comprise approximately 5 percent, and private lands comprise 
approximately 33 percent of the proposed critical habitat.
    A brief description of each critical habitat unit is given below:

Coastal Units

Unit A: Manresa Unit
    Unit A consists of coastal beaches and bluffs southwest of the 
community of La Selva Beach in southern Santa Cruz County. This entire 
unit is within Manresa State Beach.
Unit B: Sunset Unit
    Unit B consists of coastal beaches, dunes and bluffs west of 
Watsonville in southern Santa Cruz County. This entire unit is within 
Sunset State Beach. The unit includes land from Sunset Beach Road south 
to Beach Road, just north of the mouth of the Pajaro River.
Unit C: Moss Landing Unit
    Unit C consists of coastal beaches, dunes and bluffs to the north 
and south of the community of Moss Landing in northern Monterey County. 
It includes lands owned and managed by the state, including portions of 
Zmudowski State Beach, Moss Landing State Beach, Salinas River State 
Beach, and Moss Landing Marine Laboratory. Local agency lands (Moss 
Landing North Harbor District) comprise 1 percent of the unit, while 
State lands comprise 66 percent, and private lands comprise 33 percent 
of the unit.
Unit D: Marina Unit
    Unit D consists of coastal beaches, dunes and bluffs ranging from 
just south of the mouth of the Salinas River, south to the city of 
Monterey in northern Monterey County. Federal lands include a portion 
of the Salinas River National Wildlife Refuge, lands known as former 
Fort Ord, and the U.S. Navy Postgraduate School, and comprise 42 
percent of the unit. State lands include Marina State Beach and 
Monterey State Beach and comprise 12 percent of the unit. Private lands 
account for 46 percent of the unit. This unit excludes an area of 1.9 
ha (4.6 ac) within Sand City known as North of Playa, because a habitat 
conservation plan for this restoration site included Chorizanthe 
pungens var. pungens as a covered species.
Unit E: Asilomar Unit
    Unit E consists of coastal dunes and bluffs near the communities of 
Pacific Grove and Pebble Beach on the Monterey Peninsula in northern 
Monterey County. The unit is comprised of state lands at Asilomar State 
Beach (about 24 percent) and private lands, including those near 
Spanish Bay (about 76 percent).

Inland Units

Unit F: Freedom Boulevard Unit
    Unit F consists of grassland, maritime chaparral, and oak woodland 
habitat near the western terminus of Freedom Boulevard and northeast of 
Highway 1 in Santa Cruz County. This entire unit consists of privately 
owned lands.
Unit G: Bel Mar Unit
    Unit G consists of maritime chaparral habitat near the terminus of 
Bel Mar Dive, between Larkin Valley Road and Highway 1 in southern 
Santa Cruz County. This entire unit consists of privately owned lands.
Unit H: Prunedale Unit
    Unit H consists of grassland, maritime chaparral, and oak woodland 
in the area around Prunedale in northern Monterey County. On the west 
side of Highway 101, the unit includes Manzanita County Park located 
between Castroville Boulevard and the highway. On the east side of the 
highway, the unit includes the area between Pesante Canyon Road and 
Vierra Canyon Road. Approximately 8 percent of the unit consists of 
county park land, and 92 percent is privately owned.
Unit I: Fort Ord Unit
    Unit I consists of grassland, maritime chaparral, coastal scrub, 
and oak woodland on the former DOD base at Fort Ord, east of the city 
of Seaside in northern Monterey County. Portions of Fort Ord have been 
transferred to the Bureau of Land Management (BLM); University of 
California, Santa Cruz; California State University at Monterey Bay; 
and local city and county jurisdictions. As of September 2000, 
approximately 4,290 ha (10,600 ac) of former Fort Ord had been 
transferred, of which about 3,190 ha (7,880 ac) have been designated as 
habitat reserve in the Installation-wide Multispecies Habitat 
Management Plan for Former Fort Ord, California (HMP). As a result of 
these recent transfers, approximately 7 percent of this critical 
habitat unit is state land and 5 percent is under local jurisdiction. 
We considered all other land within this unit to be under federal 
jurisdiction (about 88 percent).
Unit J: Del Rey Oaks Unit
    Unit J consists of grassland, maritime chaparral, and oak woodland 
near the community of Del Rey Oaks, southeast of the city of Seaside in 
northern Monterey County. Approximately 34 percent of the unit is owned 
by Monterey County Airport, and 66 percent is privately owned. At one 
time, Chorizanthe pungens var. pungens

[[Page 10446]]

habitat in this area was most likely continuous with habitat in the 
southern portion of Fort Ord. However, development in the Del Rey Oaks 
area has destroyed most of the intervening habitat.
Unit K: Soledad Unit
    Unit K consists of an interior dune in the floodplain of the 
Salinas River channel just south of the town of Soledad in central 
Monterey County. This entire unit is privately owned.
    The approximate areas of proposed critical habitat by land 
ownership are shown in Table 1. Lands proposed are under private, 
County, State, and Federal jurisdiction, with Federal lands including 
lands managed by the DOD and BLM.

     Table 1.--Approximate Areas, Given in Hectares (ha) and Acres (ac)\1\ of Proposed Critical Habitat For Chorizanthe pungens var. pungens By Land
                                                                       Ownership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                County and other
          Unit Name                 State lands           Private lands       local jurisdictions       Federal lands                  Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. Manresa...................  40 ha (100 ac)         .....................  .....................  ....................  40 ha (100 ac)
B. Sunset....................  50 ha (130 ac)         .....................  .....................  ....................  50 ha (130 ac)
C. Moss Landing..............  190 ha (465 ac)        95 ha (230 ac)         3 ha (8 ac)            ....................  283 ha (703 ac)
D. Marina....................  105 ha (265 ac)        410 ha (1,010 ac)      .....................  370 ha (915 ac)       885 ha (2,190 ac)
E. Asilomar..................  35 ha (85 ac)          110 ha (270 ac)        .....................  ....................  145 ha (355 ac)
F. Freedom Blvd..............  .....................  90 ha (220 ac)         .....................  ....................  90 ha (220 ac)
G. Bel Mar...................  .....................  40 ha (95 ac)          .....................  ....................  40 ha (95 ac)
H. Prunedale.................  .....................  1,970 ha (4,875 ac)    165 ha (405 ac)        ....................  2,135 ha (5,280 ac)
I. Fort Ord..................  440 ha (1,085 ac)      .....................  310 ha (765 ac)        5,245 ha (12,960 ac)  5,995 ha (14,810 ac)
J. Del Rey Oaks..............  .....................  185 ha (460 ac)        95 ha (240 ac)         ....................  280 ha (700 ac)
K. Soledad...................  .....................  500 ha (1,235 ac)      .....................  ....................  500 ha (1,235 ac)
Total........................  860 ha (2,130 ac)      3,400 ha (8,395 ac)    573 ha (1,418 ac)      5615 ha (13,875 ac)   10,443 ha (25,818 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres
  greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals
  are sums of units.

Effects of Critical Habitat Designation

    Section 7(a) of the Act requires Federal agencies to ensure that 
actions they fund, authorize, or carry out do not jeopardize the 
continued existence of a listed species or destroy or adversely modify 
its critical habitat. Destruction or adverse modification of critical 
habitat is defined by our regulations as a 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 (50 CFR 402.02). 
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 means that Federal agencies must evaluate 
their actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
402. If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency must enter into consultation 
with us. If, at the conclusion of consultation, we issue a biological 
opinion concluding that 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.
    Section 7(a)(4) requires Federal agencies to confer with us on any 
action that is likely to jeopardize the continued existence of a 
proposed species or result in destruction or adverse modification of 
proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. The conservation recommendations in a 
conference report are advisory. We may issue a formal conference report 
if requested by a Federal agency. Formal conference reports on proposed 
critical habitat contain a biological opinion that is prepared 
according to 50 CFR 402.14, as if critical habitat were designated. We 
may adopt the formal conference report as the biological opinion when 
the critical habitat is designated, if no significant new information 
or changes in the action alter the content of the opinion (see 50 CFR 
402.10 (d)).
    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 is authorized by law. 
Consequently, some Federal agencies may request consultation or 
conferencing with us on actions for which formal consultation has been 
completed if those actions may affect designated critical habitat or 
adversely modify or destroy proposed critical habitat.
    Activities on lands being proposed as critical habitat for the 
Chorizanthe pungens var. pungens or activities that may indirectly 
affect such lands and that are conducted by a Federal agency, funded by 
a Federal agency or that require a permit from a Federal agency will be 
subject to the section 7 consultation process. Federal actions not 
affecting critical habitat, as well as actions on non-Federal lands 
that are not federally funded or permitted, will not require section 7 
consultation.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such

[[Page 10447]]

designation. Activities that may destroy or adversely modify critical 
habitat would be those that alter the primary constituent elements to 
the extent that the value of critical habitat for both the survival and 
recovery of Chorizanthe pungens var. pungens is appreciably reduced. We 
note that such activities may also jeopardize the continued existence 
of the species. Activities that, when carried out, funded, or 
authorized by a Federal agency, may directly or indirectly destroy or 
adversely modify critical habitat include, but are not limited to:
    (1) Activities that alter watershed characteristics in ways that 
would appreciably alter or reduce the quality or quantity of surface 
and subsurface flow of water needed to maintain the maritime chaparral 
and oak woodland communities at the inland sites. Such activities 
adverse to Chorizanthe pungens var. pungens could include, but are not 
limited to, maintaining an unnatural fire regime either through fire 
suppression or prescribed fires that are too frequent or poorly-timed; 
residential and commercial development, including road building and 
golf course installations; agricultural activities, including 
orchardry, viticulture, row crops, and livestock grazing; and 
vegetation manipulation such as chaining or harvesting firewood in the 
watershed upslope from Chorizanthe pungens var. pungens;
    (2) Activities that appreciably degrade or destroy native maritime 
chaparral and oak woodland communities at interior sites, including but 
not limited to livestock grazing, clearing, discing, introducing or 
encouraging the spread of nonnative species, and heavy recreational 
use.
    Designation of critical habitat could affect the following agencies 
and/or actions: development on private lands requiring permits from 
Federal agencies, such as 404 permits from the U.S. Army Corps of 
Engineers or permits from other Federal agencies such as Housing and 
Urban Development, military activities of the U.S. Department of 
Defense (Navy and Army) on their lands or lands under their 
jurisdiction, activities of the Bureau of Land Management on their 
lands or lands under their jurisdiction, activities of the Federal 
Aviation Authority on their lands or lands under their jurisdiction, 
the release or authorization of release of biological control agents by 
the U.S. Department of Agriculture, regulation of activities affecting 
point source pollution discharges into waters of the United States by 
the Environmental Protection Agency under section 402 of the Clean 
Water Act, construction of communication sites licensed by the Federal 
Communications Commission, and authorization of Federal grants or 
loans. Where federally listed wildlife species occur on private lands 
proposed for development, any habitat conservation plans submitted by 
the applicant to secure a permit to take according to section 
10(a)(1)(B) of the Act would be subject to the section 7 consultation 
process. Several other species that are listed under the Act occur in 
the same general areas as Chorizanthe pungens var. pungens. Chorizanthe 
robusta var. robusta occurs in close proximity to Chorizanthe pungens 
var. pungens at Sunset State Beach and the dunes at former Fort Ord; 
sand gilia (Gilia tenuiflora ssp. arenaria) occurs at Sunset State 
Beach, Marina State Beach, dunes at former Fort Ord, Asilomar State 
Beach, and Spanish Bay; Menzies' wallflower (Erysimum menziesii ssp. 
menziesii) occurs at Asilomar State Beach; Smith's blue butterfly 
occurs at dunes from Salinas River National Wildlife Refuge south to 
the Naval Postgraduate School, and western snowy plover ranges from 
Zmudowski State Beach south along the coast to Monterey State Beach.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Ventura Fish and Wildlife Office (see ADDRESSES 
section). Requests for copies of the regulations on listed wildlife and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Portland Regional Office, 911 NE 11th 
Avenue, Portland, Oregon 97232-4181 (503/231-6131, FAX 503/231-6243).

Economic Analysis

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

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of 
Chorizanthe pungens var. pungens habitat, and what habitat is essential 
to the conservation of the species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any economic or other impacts resulting from the proposed 
designation of critical habitat, in particular, any impacts on small 
entities or families;
    (5) Economic and other values associated with designating critical 
habitat for Polygonum such as those derived from non-consumptive uses 
(e.g., hiking, camping, bird-watching, enhanced watershed protection, 
improved air quality, increased soil retention, ``existence values'', 
and reductions in administrative costs); and
    (6) The methodology we might use, under section 4(b)(2) of the Act, 
in determining if the benefits of excluding an area from critical 
habitat outweigh the benefits of specifying the area as critical 
habitat.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods. You may mail 
comments to the Assistant Field Supervisor, Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, California 93003. You may also comment via the Internet to 
[email protected]. Please submit Internet comments as an ASCII file 
avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: [1018-AHO4] and your name and return 
address in your Internet message.'' If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly by calling our

[[Page 10448]]

Ventura Fish and Wildlife Office at phone number 805-644-1766. Please 
note that the Internet address ``[email protected]'' will be closed 
out at the termination of the public comment period. Finally, you may 
hand-deliver comments to our Ventura office at 2493 Portola Road, Suite 
B, Ventura, California. Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request that 
we withhold their home address from the rulemaking record, which we 
will honor to the extent allowable by law. There also may be 
circumstances in which we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety. Comments and materials 
received will be available for public inspection, by appointment, 
during normal business hours at the above address.

Peer Review

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

Public Hearings

    The Endangered Species Act provides for one or more public hearing 
on this proposal, if requested. Requests must be received within 45 
days of the date of publication of the proposal in the Federal 
Register. Such requests must be made in writing and be addressed to the 
Field Supervisor (see ADDRESSES section). We will schedule public 
hearings on this proposal, if any are requested, and announce the 
dates, times, and places of those hearings in the Federal Register and 
local newspapers at least 15 days prior to the first hearing.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand, including answers to 
questions such as the following--(1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with the clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the notice in the ``Supplementary Information'' section 
of the preamble helpful in understanding the notice? What else could we 
do to make this proposed rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to the office identified in the ADDRESSES 
section at the beginning of this document.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order (EO) 12866, this document is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB). We are preparing a draft analysis of this proposed 
action, which will be available for public comment to determine the 
economic consequences of designating the specific areas as critical 
habitat. The availability of the draft economic analysis will be 
announced in the Federal Register so that it is available for public 
review and comments.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded pursuant to section 4 of 
the Act, we do not believe this rule will have an annual economic 
effect of $100 million or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of government. 
Therefore we do not believe a cost benefit and economic analysis 
pursuant to EO 12866 is required.
    Under the Act, critical habitat may not be adversely modified by a 
Federal agency action; critical habitat does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored, authorized, or permitted by a 
Federal agency (see Table 2 below). Section 7 requires Federal agencies 
to ensure that they do not jeopardize the continued existence of the 
species. Based upon our experience with this 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 in 
areas occupied by the species. 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. The designation of areas as critical habitat 
where section 7 consultations would not have occurred but for the 
critical habitat designation may have impacts on what actions may or 
may not be conducted by Federal agencies or non-Federal persons who 
receive Federal authorization or funding that are not attributable to 
the species listing. We will evaluate any impact through our economic 
analysis (under section 4 of the Act; see Economic Analysis section of 
this rule). Non-Federal persons that do not have a Federal 
``sponsorship'' in their actions are not restricted by the designation 
of critical habitat.

[[Page 10449]]



    Table 2.--Impacts of Chorizanthe pungens var. pungens Listing and
                      Critical Habitat Designation
------------------------------------------------------------------------
                                                          Additional
                                      Activities          Activities
                                      Potentially         Potentially
    Categories of Activities          Affected by         Affected by
                                    Species Listing    Critical Habitat
                                         Only           Designation \1\
------------------------------------------------------------------------
Federal Activities Potentially    Activities          Activities by
 Affected \2\.                     conducted by the    these Federal
                                   Army Corps of       Agencies in
                                   Engineers, the      designated areas
                                   Department of       where section 7
                                   Housing and Urban   consultations
                                   Development, and    would not have
                                   any other Federal   occurred but for
                                   Agencies.           the critical
                                                       habitat
                                                       designation
Private or other non-Federal      Activities that     Funding,
 Activities Potentially Affected   require a Federal   authorization, or
 \3\.                              action (permit,     permitting
                                   authorization, or   actions by
                                   funding) and may    Federal Agencies
                                   remove or destroy   in designated
                                   habitat for         areas where
                                   Chorizanthe         section 7
                                   pungens var.        consultations
                                   pungens by          would not have
                                   mechanical,         occurred but for
                                   chemical, or        the critical
                                   other means or      habitat
                                   appreciably         designation
                                   decrease habitat
                                   value or quality
                                   through indirect
                                   effects (e.g.,
                                   edge effects,
                                   invasion of
                                   exotic plants or
                                   animals,
                                   fragmentation of
                                   habitat).
------------------------------------------------------------------------
\1\ This column represents activities potentially affected by the
  critical habitat designation in addition to those activities
  potentially affected by listing the species.
\2\ Activities initiated by a Federal agency.
\3\ Activities initiated by a private or other non-Federal entity that
  may need Federal authorization or funding.

    (b) This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions not jeopardize the continued existence of 
Chorizanthe pungens var. pungens since its listing in 1994. The 
prohibition against adverse modification of critical habitat would not 
be expected to impose any additional restrictions to those that 
currently exist in the proposed critical habitat on currently occupied 
lands.
    We will evaluate any impact of designating areas where section 7 
consultations would not have occurred but for the critical habitat 
designation through our economic analysis. Because of the potential for 
impacts on other Federal agency activities, we will continue to review 
this proposed action for any inconsistencies with other Federal agency 
actions.
    (c) This proposed rule, if made final, 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 incremental effects in areas 
of occupied habitat.
    (d) This rule will not raise novel legal or policy issues. The 
proposed rule follows the requirements for determining critical habitat 
contained in the Act.

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

    In the economic analysis (required under section 4 of the Act), we 
will determine whether designation of critical habitat will have a 
significant effect on a substantial number of small entities. As 
discussed under Regulatory Planning and Review above, this rule is not 
expected to result in any restrictions in addition to those currently 
in existence for areas where section 7 consultations would have 
occurred as a result of the species being listed under the Act. We will 
also evaluate whether designation includes any areas where section 7 
consultations would occur only as a result of the critical habitat 
designation, and in such cases determine if it will significantly 
affect a substantial number of small entities. As indicated on Table 1 
(see ``Proposed Critical Habitat Designation'' section), we have 
proposed to designate property owned by Federal, State, and County 
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 of Engineers under section 404 of the Clean Water 
Act;
    (2) Development on private lands requiring permits from other 
Federal agencies such as Housing and Urban Development;
    (3) Military activities of the U.S. Department of Defense (Navy and 
Army) on their lands or lands under their jurisdiction;
    (4) Activities of the Bureau of Land Management on their lands or 
lands under their jurisdiction;
    (5) Activities of the Federal Aviation Authority on their lands or 
lands under their jurisdiction;
    (6) The release or authorization of release of biological control 
agents by the U.S. Department of Agriculture;
    (7) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency under section 402 of the Clean Water Act;
    (8) Construction of communication sites licensed by the Federal 
Communications Commission; and,
    (9) Authorization of Federal grants or loans.
    Potentially, some of these activities sponsored by Federal agencies 
within the proposed critical habitat areas are carried out by small 
entities (as defined by the Regulatory Flexibility Act) through 
contract, grant, permit, or other Federal authorization. As discussed 
in above, these actions are currently required to comply with the 
listing protections of the Act, and the designation of critical habitat 
is not anticipated to have any additional effects on these activities.
    For actions on non-Federal property that do not have a Federal 
connection (such as funding or authorization), the current, applicable 
restrictions of the Act remain in effect, and this rule will have no 
additional restrictions.

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

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or (c) any significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. As discussed above, we anticipate that the designation of 
critical habitat will not have any additional effects on these 
activities in areas where section 7 consultations should occur 
regardless of the critical habitat designation. We will

[[Page 10450]]

evaluate through our economic analysis any impact of designating areas 
where section 7 consultations would not have occurred but for the 
critical habitat designation.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
August 25, 2000, et seq.):
    (a) We believe 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. In our 
economic analysis we will evaluate any impact of designating areas 
where section 7 consultations would not have occurred but for the 
critical habitat designation.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630, this 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 current restrictions on private property concerning this plant 
species. We do not anticipate that property values will be affected by 
the critical habitat designations. Landowners in areas that are 
included in the designated critical habitat will continue to have 
opportunity to utilize their property in ways consistent with State law 
and with the continued survival of the plant species.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. As discussed above, the designation of critical habitat in 
areas currently occupied by Chorizanthe pungens var. pungens would have 
little incremental impact on State and local governments and their 
activities. The designations may have some benefit to these governments 
in that the areas essential to the conservation of these species are 
more clearly defined, and the primary constituent elements of the 
habitat necessary to the survival of the species are identified. While 
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 consultation to occur.

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor has determined that this rule does 
not unduly burden the judicial system and does meet the requirements of 
sections 3(a) and 3(b)(2) of the Order. We designate 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 Chorizanthe pungens var. pungens.

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

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

National Environmental Policy Act

    We have determined that an Environmental Assessment and/or an 
Environmental Impact Statement as defined by the National Environmental 
Policy Act of 1969 need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Act. A notice outlining our 
reason for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244). This proposed rule does not constitute 
a major Federal action significantly affecting the quality of the human 
environment.

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) and the Department of the Interior's manual 
at 512 DM 2, we readily acknowledge our responsibility to communicate 
meaningfully with federally recognized Tribes on a Government-to-
Government basis. The proposed designation of critical habitat for 
Chorizanthe pungens var. pungens does not contain any Tribal lands or 
lands that we have identified as impacting Tribal trust resources.

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Ventura Fish and Wildlife Office 
(see ADDRESSES section).

Author

    The authors of this proposed rule are Constance Rutherford and 
Diane Pratt, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2493 Portola Road, Suite B, Ventura, California 93003 (805/
644-1766).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
    2. In Sec. 17.12(h) revise the entry for Chorizanthe pungens var. 
pungens under ``FLOWERING PLANTS'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 10451]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species
------------------------------------------------------    Historic range        Family name          Status      When listed    Critical       Special
         Scientific name              Common name                                                                                habitat        rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
 
                   *                  *                  *                  *                  *                  *                  *
Chorizanthe pungens var. pungens  Spineflower........  Monterey...........  Polygonaceae--Buckw  T                               17.96(b)            NA
                                                       U.S.A. (CA)........   heat.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.96, as proposed to be amended at 65 FR 66865, 
November 7, 2000, amend paragraph (b) by adding an entry for 
Chorizanthe pungens var. pungens in alphabetical order under Family 
Polygonaceae to read as follows:


Sec. 17.96  Critical habitat--plants.

* * * * *
    (b) * * *
    Family Polygonaceae: Chorizanthe pungens var. pungens (Monterey 
spineflower)
    (1) Critical habitat units are depicted for Santa Cruz and Monterey 
counties, California, on the maps below.
    (2) The primary constituent elements of critical habitat for 
Chorizanthe pungens var. pungens are the habitat components that 
provide:
    (i) Sandy soils associated with active coastal dunes, coastal 
bluffs with a deposition of windblown sand, inland sites with sandy 
soils, and interior floodplain dunes;
    (ii) the plant communities that support associated species, 
including coastal dune, coastal scrub, grassland, maritime chaparral, 
oak woodland, and interior floodplain dune communities, and have a 
structure such that there are openings between the dominant elements 
(e.g scrub, shrub, oak trees, clumps of herbaceous vegetation);
    (iii) the plant communities that contain no or little cover by 
nonnative species which would compete for resources available for 
growth and reproduction of Chorizanthe pungens var. pungens; and
    (iv) Pollinator activity between existing colonies of Chorizanthe 
pungens var. pungens;
    (v) Physical processes, such as occasional soil disturbance, that 
support natural dune dynamics along coastal areas; and
    (vi) Seed dispersal mechanisms between existing colonies and other 
potentially suitable sites.
    (3) Critical habitat does not include existing features and 
structures, such as buildings, roads, aqueducts, railroads, airports, 
other paved areas, lawns, and other urban landscaped areas not 
containing one or more of the primary constituent elements.

Critical Habitat Map Units

    Township/Range/Section boundaries are based upon Public Land Survey 
System. Within the historical boundaries of former Spanish Land Grants, 
boundaries are based upon section lines that are extensions to the 
Public Land Survey System developed by the California Department of 
Forestry and obtained by the Service from the State of California's 
Stephen P. Teale Data Center.

BILLING CODE 4310-55-P

[[Page 10452]]

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[[Page 10453]]


    Coastal Units:
    Unit A: Manresa Unit. Santa Cruz County, California. From USGS 7.5' 
quadrangle map Watsonville West, California. Lands located within T.11 
S., R.1 E., sec. 33 and T.12 S., R.1 E., sec. 4, W\1/2\ sec. 3 are 
being proposed for critical habitat. The outer perimeter of this unit 
is bounded by the following: Beginning at the northern boundary of 
Manresa State Beach, proceeding southeast and then northeast along the 
eastern boundary of Manresa State Beach until reaching a point just 
northwest of the Access Road; proceeding 0.2 km (0.10 mi) southeast to 
the boundary of Manresa State Beach, then proceeding northeast 
following the boundary of Manresa State Beach until reaching a point 
0.24 km (0.15 mi) northwest of Sea View Terrace; proceeding southeast 
to Sea View Terrace and continuing southeast along Sea View Terrace to 
the intersection with Crest Drive; then proceeding west to the eastern 
boundary of Manresa State Beach; proceeding southeast to the southern 
boundary of Manresa State Beach; proceeding west to mean high tide 
following the southern boundary of Manresa State Beach; then proceeding 
northwest along mean high tide to the northern boundary of Manresa 
State Beach.

[[Page 10454]]

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[[Page 10455]]


    Unit B: Sunset Unit. Santa Cruz County, California. From USGS 7.5' 
quadrangle map Watsonville West, California. Lands located within T.12 
S., R.1 E., sec. 14 and sec. 23 are being proposed for critical 
habitat. The outer perimeter of this unit is bounded by the following: 
Beginning at the northern boundary of Sunset State Beach at Monte Vista 
Way; proceeding northwest along Monte Vista Way to Shell Road; 
proceeding southeast 2.33 km (1.45 mi) along Shell Road; turning west 
at the point at which Shell Road veers to the east and then proceeding 
west to mean high water; proceeding northwest along mean high water 
2.17 km (1.35 mi) to a point perpendicular to the boundary of Sunset 
State Beach; proceeding northeast to point of beginning.

[[Page 10456]]

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[[Page 10457]]


    Unit C: Moss Landing Unit. Santa Cruz County, California. From USGS 
7.5' quadrangle map Moss Landing, California. This unit contains 
portions of Zmudowski State Beach, Moss Landing State Beach, Moss 
Landing North Harbor, Moss Landing Marine Laboratory, and Salinas River 
State Beach.
    The boundaries of Zmudowski, Moss Landing, and Salinas River State 
Beaches reflect the boundaries indicated on the USGS map as of 1994. 
Lands located within T.12 S., R.1 E., sec. 36; T.13 S., R.1 E., sec. 1; 
T.13 S., R.2 E., sec. 6, sec. 7 are being proposed for critical 
habitat. The outer perimeter of this subunit is bounded by the 
following: Beginning at northern boundary of Zmudowski State Beach just 
south of the Pajaro River, proceeding east then southwest then east 
along the eastern boundary of Zmudowski State Beach; proceeding 2.7 km 
(1.7 mi) southeast along the eastern boundary to the southern boundary 
of Zmudowski State Beach; continuing southeast for 0.6 km (0.4 mi) to 
the northeastern boundary of Moss Landing State Beach; proceeding 
southeast along the eastern boundary of Moss Landing State Beach west 
of Bennett Slough to Jetty Road; proceeding south along Jetty Road 1.0 
km (0.6 mi) and then southwest along Jetty Road near the mouth of 
Elkhorn Slough to mean high water; proceeding northwest along mean high 
water to the mouth of Pajaro River; proceeding northeast to the 
northern boundary of Zmudowski State Beach.
    In addition, an area known as Moss Landing North Harbor, located 
within T.13 S., R.2 E., sec. 7, is being proposed for critical habitat. 
The outer perimeter of this subunit is bounded by the following: 
Beginning at the southwest corner of the Highway 1 and Jetty Road 
intersection; proceeding south 0.3 km (0.2 mi) to the Elkhorn Yacht 
club; proceeding west to the shoreline of North Harbor; proceeding 
north along the shoreline to Jetty Road; proceeding east along Jetty 
Road to its intersection with Highway 1.
    South of Elkhorn Slough, lands located within T.13 S., R.1 E., sec. 
25, N\1/2\ sec. 36; T.13 S., R.2 E., sec. 18, sec. 19, W\1/2\ of NW\1/
4\ of SW\1/4\ sec. 30, W\1/4\ of NW\1/4\ sec. 30 are being proposed for 
critical habitat. The outer perimeter of this subunit is bounded by the 
following: Beginning at the corner of Sandholdt Road and a bridge over 
the Salinas River; proceeding south along Sandholdt Road to its 
terminus at Potrero Road; proceeding south along the eastern boundary 
of Salinas River State Beach to its terminus; continuing south about 
0.5 km (0.3 mi) along the line of W\1/4\ of NW\1/4\ sec. 30 (T.13 S., 
R.2 E.); continuing south about 0.4 km (0.25 mi) along the line of W\1/
2\ of NW\1/4\ of SW\1/4\ sec. 30 (T.13 S., R.2 E.); proceeding west 
about 0.23 km (0.14 mi) to the section line of T.13 S., R.1 E., sec. 
25; proceeding south about 0.40 km (0.25 mi) along the section line of 
T.13 S., R.1 E., sec. 25; proceeding west 0.08 km (0.05 mi) to the 
western line of Township 13, Range 1; proceeding south about 0.8 km 
(0.5 mi) to the line of T.13 S., R.1 E., N\1/2\ sec. 36; proceeding 
west 0.56 km (0.35 mi) to the mean high tide; proceeding north about 
5.23 km (3.25 mi) along mean high tide to the road extending from the 
bridge over the Salinas River; proceeding southeast about 0.16 km (0.10 
mi) to the corner of Sandholdt Road and a bridge over the Salinas 
River.
    An additional area located within section 18, which encompasses 
portions of Moss Landing Marine Laboratory, is being proposed for 
critical habitat and is bounded by the following: beginning west of 
Moro Cojo Slough at the intersection of Moss Landing Road and the 
bridge over Salinas River; proceeding south 0.8 km (0.5 mi) along Moss 
Landing Road; proceeding west 0.5 km (0.3 mi) along the section line of 
T.13 S., R.2 E., sec. 18 (north of Potrero Road) to the Salinas River; 
proceeding north 0.8 km (0.5 mi) along the Salinas River to the bridge; 
proceeding southeast along the bridge to the its intersection with Moss 
Landing Road.

[[Page 10458]]

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[[Page 10459]]


    Unit D: Marina Unit. Monterey, California. From USGS 7.5' 
quadrangle maps Marina, Seaside, and Monterey, California. The 
boundaries of Salinas National Wildlife Refuge and Marina State Beach, 
and the township and range lines reflect the boundaries indicated on 
USGS map as of 1983. Lands located within the following sections are 
being proposed for critical habitat: T.14 S., R.1 E., S\1/2\ sec. 1, 
sec. 12, sec. 13, sec. 24, sec. 25, sec. 26, sec. 35, sec. 36; T.15 S., 
R.1 E., sec. 2, sec. 10, sec. 11, sec. 15, sec. 16, NW\1/4\sec. 22, 
sec. 21, sec. 20, NW\1/4\ sec. 28, NE\1/4\ sec. 29. The outer perimeter 
of this unit is bounded by the following: Beginning at the southwestern 
corner of the boundary of the Salinas River National Wildlife Refuge; 
proceeding north along mean high water to an existing trail south of 
the saline pond; proceeding northeast about 0.8 km (0.5 mi) along the 
trail to the intersection of the trail with an existing access road; 
proceeding southeast about 0.3 km (0.2 mi) along the access road to its 
intersection with an access road just west of the terminus of Neponset 
Road; proceeding west 0.40 km (0.25 mi) along the access road to 
another existing access road; proceeding southeast 0.56 km (0.35 mi) 
along this access road to the western line of Township 14, Range 1; 
proceeding south approximately 2 miles along the eastern line of Range 
1 to its intersection with Highway 1; proceeding west 0.1 mile to Dunes 
Drive; proceeding southwest approximately 0.8 km (0.5 mi) along Dunes 
Drive to the northern boundary of Marina State Beach; following the 
northern and then eastern boundary of Marina State Beach for 
approximately 2.1 km (1.3 mi) to the northern boundary of former Fort 
Ord; proceeding south about 0.8 km (0.5 mi) along the Southern Pacific 
Railroad to its intersection with Beach Range Road; proceeding south 
about 5.6 km (3.5 mi) along Beach Range Road to its terminus; 
proceeding south to the Southern Pacific Railroad; proceeding south 0.5 
km (0.3 mi) along Southern Pacific Railroad to its intersection with 
Highway 1; continuing south about 1.20 km (0.75 mi) along the Southern 
Pacific Railroad, just west of Del Monte Boulevard; proceeding 
southwest along California Boulevard to its terminus; proceeding south 
along Contra Costa Street to its intersection with Del Monte Boulevard; 
proceeding southwest along Del Monte Boulevard to its intersection with 
Canyon Del Rey Boulevard; proceeding northwest along Canyon Del Rey 
Boulevard to Highway 1; proceeding south about 0.72 km (0.45 mi) along 
Highway 1 to its intersection with Del Monte Avenue; proceeding 
southwest and then west about 1.9 km (1.2 mi) along Del Monte Avenue to 
the half section line of T.15 S., R.1 E, sec. 29; proceeding north to 
mean high tide; proceeding northeast and then north about 17.1 km (10.6 
mi) along mean high tide to the southwestern corner of the boundary of 
the Salinas River National Wildlife Refuge. This habitat unit excludes 
all areas covered under the Habitat Conservation Plan for the North of 
Playa Redevelopment Project in Sand City.

[[Page 10460]]

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[[Page 10461]]


    Unit E: Asilomar Unit. Monterey County, California. From USGS 7.5' 
quadrangle map Monterey, California. Lands located within T.18 S., R.1 
W., sec. 11, sec. 14, sec. 15, and sec. 22 are being proposed for 
critical habitat. The outer perimeter of this critical habitat unit is 
bounded by the following: Beginning at the corner of Sunset Drive and 
Lighthouse Avenue; proceeding south 0.56 km (0.35 mi) along Sunset 
Drive to its intersection with Arena Avenue; proceeding east 0.24 km 
(0.15 mi) along Arena Avenue to its terminus; proceeding south about 
1.2 km (0.75 mi) along Asilomar Boulevard to its terminus at Sunset 
Drive; proceeding south 0.24 km (0.15 mi) to the section line of T.18 
S., R.1 W., sec. 14; proceeding west 0.56 km (0.35 mi) along the 
section line of T.18 S., R.1 W., sec. 14 to Seventeen Mile Drive; 
proceeding south along Seventeen Mile Drive about 1.2 km (0.75 mi); 
proceeding west about 1.0 km (0.6 mi) along Seventeen Mile Drive; 
proceeding north to mean high tide; proceeding north about 3.5 km (2.2 
mi) along mean high tide to a point west of Lighthouse Avenue; 
proceeding east about 0.16 km (0.10 mi) to the corner of Sunset Drive 
and Lighthouse Avenue.

[[Page 10462]]

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[[Page 10463]]


    Inland units:
    Unit F: Freedom Boulevard Unit. Santa Cruz County, California. From 
USGS 7.5' quadrangle map Watsonville West, California. The following 
lands are being proposed for critical habitat: T.11 S., R.1 E., SW\1/4\ 
sec. 10, excluding land north of Freedom Boulevard, and SE\1/4\ sec. 9, 
bounded to the west by Freedom Boulevard and McDonald Road (formerly 
southwest leg of Day Valley Road) and to the north by Apple Lane.
[GRAPHIC] [TIFF OMITTED] TP15FE01.012


[[Page 10464]]


    Unit G: Bel Mar unit. Santa Cruz County, California. From USGS 7.5' 
quadrangle map Watsonville West, California. The following lands are 
being proposed for critical habitat: T.11 S., R.1 E., E\1/2\ sec. 27, 
bounded to the north by East Bel Mar Drive and to the south by Highway 
1.
    Unit H: Prunedale Unit. Monterey County, California. From USGS 7.5' 
quadrangle map Prunedale, California. The boundary of Manzanita 
Regional Park reflect the boundary indicated on USGS map as of 1993.
    West of Highway 101, the following areas of Manzanita Regional Park 
located within T.13 S., R.3 E., sec. 18, sec. 17, sec. 19 are being 
proposed for critical habitat: E\1/2\ of NE\1/4\ and S\1/2\ sec. 18, 
excluding all areas outside of the boundary of Manzanita Regional Park 
and the area north of Castroville Boulevard; W\1/2\ sec. 17, excluding 
the area east of San Miguel Canyon Road and the area north of 
Castroville Boulevard. N\1/2\ of N\1/2\ of sec. 19, excluding all areas 
outside of the boundary of Manzanita Regional Park. In addition, the 
following portions of section 18 are excluded from this unit: the NE\1/
4\ of NE\1/4\ of SW\1/4\ sec.18, and the N\1/2\ of NW\1/4\ of SE\1/4\ 
sec. 18.
    East of Highway 101, lands located within T.13 S., R.3 E., W\1/2\ 
sec.10, sec. 9, W\1/2\ sec. 15, sec. 16, sec. 17, W\1/2\ sec. 22, sec. 
21, sec. 20, W\1/2\ sec. 27, sec. 28, sec. 29, NW\1/4\ sec. 34, N\1/2\ 
sec. 33 are being proposed for critical habitat. This subunit excludes 
land west and north of Highway 101, land north of Crazy Horse Road (in 
sec. 10) and the area between Reese Circle and Highway 101 (in sec. 
29).

[[Page 10465]]

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[[Page 10466]]


    Unit I: Fort Ord Unit: Monterey County, California. From USGS 7.5' 
quadrangle maps Seaside, Marina, Salinas, and Spreckels, California. 
The boundaries of former Fort Ord reflect the boundaries indicated on 
USGS maps as of 1983 and 1984. The following sections located within 
former Fort Ord are being proposed for critical habitat: T.14 S., R.2 
E., E\1/2\ sec. 30, sec. 29, SE\1/4\ of SE\1/4\ sec. 20, SW\1/4\ sec. 
21, W\1/2\ sec. 28, sec. 32, sec. 33, E\1/2\ sec. 31; T.15 S., R.2 E., 
sec. 3 through sec. 10, sec. 15 through sec. 21, sec. 28 through sec. 
32, NW\1/4\ sec. 33; T.15 S., R.1 E. sec. 12, sec. 13, E\1/2\ sec. 14, 
sec. 24 through sec. 35; T.16 S., R.1 E, sec. 1.
    The outer perimeter of this unit is bounded by the following: 
Beginning at the northeastern corner of the former Fort Ord boundary in 
T.14 S., R.2 E. sec. 21; proceeding south 1.20 km (0.75 mi) along the 
eastern boundary of former Ford Ord to its intersection with the 
Salinas River; proceeding southeast 0.8 km (0.5 mi) along the eastern 
edge of the Salinas River; continuing southeast 0.40 km (0.25 mi) to 
West Blanco Road; proceeding southwest along West Blanco Road to 
Reservation Road; proceeding southeast along Reservation Road to Inter-
Garrison Road; proceeding west along Inter-Garrison Road to Old Country 
Road; proceeding south along Old Country Road to Watkins Gate Road; 
proceeding east along Watkins Gate Road to Barloy Canyon Road; 
proceeding south 5.25 miles south to the southern boundary of former 
Fort Ord, just east of Laguna Seca; proceeding 4.3 km (2.7 mi) 
southwest then 2.7 km (1.7 mi) northwest along the southern boundary of 
former Fort Ord to General Jim Moore Boulevard (formerly North-South 
Road); proceeding northeast about 3.62 km (2.25 mi) along General Jim 
Moore Boulevard to Eucalyptus Road; proceeding northeast 2.4 km (1.5 
mi) along Eucalyptus Road to Parker Flats Cut Off; proceeding north 
then northwest along Parker Flats Cut Off to Parker Flats Road; 
proceeding east then north along Parker Flats Road to Gigling Road; 
continuing north along 8th Avenue to Inter-Garrison Road; proceeding 
west along Inter-Garrison Road to the 8th Street Cut Off; proceeding 
northwest along 8th Street Cut Off to Imjin Road; proceeding northeast 
along Imjin Road to Reservation Road; proceeding northwest along 
Reservation Road to the western boundary of former Fort Ord; proceeding 
northeast then northwest along the western boundary of former Fort Ord; 
then proceeding about 3 km (2 mi) along the northern boundary to the 
northeastern corner of the boundary of former Fort Ord. This unit 
excludes paved areas of Marina Airport, located north of Reservation 
Road, and the campus of California State University at Monterey Bay, 
located south of Reservation Road.
    Unit J: Del Rey Oaks Unit. Monterey County, California. From USGS 
7.5' quadrangle map Seaside, California. The boundaries of former Fort 
Ord reflect the boundaries indicated on USGS maps as of 1983 and 1984. 
The following lands are being proposed for critical habitat: T.15 S., 
R.1 E., E\1/2\ sec. 34, excluding lands south of Highway 68; T.15 S., 
R.1 E., sec. 35, excluding land south and west of highway 68; T.15 S., 
R.1 E., SW\1/4\ sec. 36, excluding lands north of the former boundary 
of Fort Ord; T.16 S., R.1 E., NW\1/4\ sec. 1 and NE\1/4\ sec. 2, 
excluding lands south of Highway 68.

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[GRAPHIC] [TIFF OMITTED] TP15FE01.014


[[Page 10468]]


    Unit K: Soledad Unit. Monterey County, California. From USGS 7.5' 
quadrangle map Soledad, California. The following lands are being 
proposed for critical habitat: T.17 S., R.6 E., NE\1/4\ sec. 32, NE\1/
4\ of SE\1/4\ sec. 32, SW\1/4\ of NW\1/4\ sec. 33, NW\1/4\ of SW\1/4\ 
sec. 33, S\1/4\ of SW\1/4\ sec. 33, S\1/2\ of SE\1/4\ sec. 35, S\1/2\ 
of S\1/2\ sec. 36; T.18 S., R.6 E., E\1/2\ and NW\1/4\ sec. 4, N\1/2\ 
of NE\1/4\ sec. 2.
[GRAPHIC] [TIFF OMITTED] TP15FE01.015


[[Page 10469]]


* * * * *

    Dated: January 16, 2001
Kenneth L. Smith,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-1836 Filed 2-14-01; 8:45 am]
BILLING CODE 4310-55-C