[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Rules and Regulations]
[Pages 18356-18395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8525]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for the Quino Checkerspot Butterfly (Euphydryas editha quino); 
Final Rule

  Federal Register / Vol. 67 , No. 72 / Monday, April 15, 2002 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH03


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Quino Checkerspot Butterfly (Euphydryas editha 
quino)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for the Quino checkerspot butterfly (Euphydryas editha 
quino) pursuant to the Endangered Species Act of 1973, as amended 
(Act). A total of approximately 69,440 hectares (ha) (171,605 acres 
(ac)) in Riverside and San Diego Counties, California, are designated 
as critical habitat for the Quino checkerspot butterfly.
    Critical habitat identifies specific areas, both occupied and 
unoccupied, that are essential to the conservation of a listed species 
and that may require special management considerations or protection. 
The primary constituent elements for the Quino checkerspot butterfly 
are those habitat components that are essential for the Quino 
checkerspot butterfly. All areas designated as critical habitat for the 
Quino checkerspot butterfly contain one or more of the primary 
constituent elements essential to the conservation of the species. This 
final rule takes into consideration the potential economic and other 
effects of designating critical habitat for the Quino checkerspot 
butterfly.
    We solicited data and comments from the public on all aspects of 
the proposed rule and draft economic analysis. We revised the proposal 
and the draft economic analysis to incorporate or address new 
information received from habitat and butterfly surveys conducted 
during the 2001 butterfly flight season; public comments on the 
proposed critical habitat designation and the draft economic analysis 
on the proposed designation; the Quino Checkerspot Butterfly Recovery 
Plan (Service, in prep.); and any new scientific and commercial 
information made available since the proposal was published.

DATES: This designation becomes effective on May 15, 2002.

ADDRESSES: Comments and materials received, as well as supporting 
documentation used in the preparation of this final rule, are available 
for public inspection, by appointment, during normal business hours at 
the Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 
2730 Loker Avenue West, Carlsbad, CA 92008.

FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of 
Listing, Carlsbad Fish and Wildlife Office, at the above address 
(telephone 760/431-9440; facsimile 760/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    The Quino checkerspot butterfly (Euphydryas editha quino) is a 
member of the family Nymphalidae (brush-footed butterflies) and the 
subfamily Melitaeinae (checkerspots and fritillaries). The Quino 
checkerspot differs in physical appearance from other subspecies of E. 
editha in size, wing coloration, larval, and pupal characteristics 
(Mattoni et al. 1997). Researchers have spent more than 4 decades 
conducting extensive focused research on Edith's checkerspot 
(Euphydryas editha), in particular the federally-listed bay checkerspot 
butterfly (Euphydryas editha bayensis). While an extraordinary amount 
of information is available on Edith's checkerspot in general, specific 
information on the Quino checkerspot is sparse (Murphy and White 1984, 
Mattoni et al. 1997, Osborne and Redak 2000), including only two formal 
ecological studies (White and Levin 1981, Osborne and Redak 2000). 
Therefore, much of the information used in developing this critical 
habitat designation, as well as the recovery and management strategy 
for the Quino checkerspot butterfly, as discussed in the recovery plan 
that is currently being finalized (Service, in prep.), is based on 
research on other subspecies of Edith's checkerspot, especially the bay 
checkerspot butterfly. Because there are a number of biological and 
ecological similarities between the two federally endangered subspecies 
of Edith's checkerspot, including shared host plant species, a 
primarily coastal (historic) distribution, and apparently similar 
within-patch dispersal behavior (Mattoni et al. 1997, White and Levin 
1981), we believe that extrapolation of bay checkerspot butterfly 
research conclusions to the Quino checkerspot butterfly is justified in 
most cases.
    The Quino checkerspot butterfly has undergone several nomenclatural 
changes. Originally described as Melitaea quino (Behr 1863), Gunder 
(1929) reduced it to a subspecies of Euphydryas chalcedona. At the same 
time, he described Euphydryas editha wrighti from a checkerspot 
specimen collected in San Diego County. After reexamining Behr's 
descriptions and specimens, Emmel et al. (1998) concluded that the 
Quino checkerspot butterfly should be associated with E. editha, not E. 
chalcedona. For the Quino checkerspot butterfly, E. editha quino is now 
the accepted scientific name.
    The life cycle of the Quino checkerspot butterfly includes four 
distinct life stages: egg, larva (caterpillar), pupa (chrysalis), and 
adult, with the larval stage divided into 5 to 7 instars (periods 
between molts, or shedding skin). There is typically one generation of 
adults per year, with a 4- to 6-week flight period beginning between 
late February and May, depending on weather conditions (Emmel and Emmel 
1973). Adult emergence from pupae is staggered, resulting in a 1- to 2-
month flight season, with each adult butterfly living approximately 10 
to 14 days (Service, in prep.).
    The adult Quino checkerspot butterfly has a wingspan of 
approximately 4 centimeters (cm) (1.5 inches (in.)). The top sides of 
the wings have a red, black, and cream colored checkered pattern while 
the bottom sides have a red and cream marbled pattern. The abdomen of 
the Quino checkerspot butterfly has red stripes across the top. Quino 
checkerspot butterfly larvae are dark black with a row of orange 
fleshy, hairy extensions on their backs. Pupae are mottled black on a 
pale blue-gray background.
    Peak adult butterfly emergence for most brush-footed butterfly 
species, and probably for Quino checkerspot butterflies as well, occurs 
shortly after the beginning of the flight season, usually in the second 
or third week (Zonneveld 1991). Female bay checkerspot butterflies 
usually mate on the day they emerge from the pupa and lay 1 or 2 egg 
clusters per day for most of their adult life. Bay and Quino 
checkerspot egg clusters typically contain 20 to 150 eggs (M. Singer, 
C. Parmesan, and G. Pratt, pers. comm., 1999). Eggs deposited by adults 
on host plants hatch in 10 to 14 days. If sufficient rain falls in late 
summer or early fall, a rare second generation of fewer adults may 
occur (Mattoni et al. 1997).
    Quino checkerspot butterfly larvae may undergo as many as seven 
molts prior to pupation. During the first two instars, pre-diapause 
(before summer dormancy) larvae cannot move more than a few centimeters 
and are usually restricted to the primary host plant species (plants on 
which the adult

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female butterfly lays her eggs). Newly hatched larvae spin a web and 
feed in clusters on the plant where their eggs were deposited. During 
the third instar (about 10 days after hatching), larvae are able to 
move between individual host plants. Third instar larvae usually wander 
independently in search of food and may switch from feeding on the 
plant on which they hatched to another host plant, either of the same 
species or another one that serves as an alternate food source. If 
larvae have accumulated sufficient energy reserves, they enter diapause 
(summer dormancy) as host plants age and become dry and inedible, and 
usually remain in diapause until December or January. Although the 
exact location of diapausing Quino checkerspot butterfly larvae is not 
known, clusters of post-diapause larvae found near dense grass and 
shrub cover indicate that they may diapause in these areas (Osborne and 
Redak 2000). Laboratory observations have demonstrated Quino 
checkerspot butterfly larvae are capable of sustaining or reentering 
diapause for multiple years, the maximum duration of which has not yet 
been determined (G. Pratt, pers. comm., 2001).
    Sufficient rainfall, usually during November or December, 
stimulates germination and growth of host plants, and apparently causes 
larvae to break diapause. Records of Quino checkerspot butterfly 
individuals collected following unusual summer rains indicate that it 
does not require winter chilling to break diapause, and may not 
diapause at all under some circumstances (Mattoni et al. 1997). Post-
diapause larvae can crawl up to several meters in search of food and 
disperse among their host plants. Post-diapause larval dispersal has 
been well documented in the bay checkerspot butterfly. Post-diapause 
larvae seek microclimates (small habitats with uniform climate) with 
exposure to sunlight, which speeds development (White 1974, Weiss et 
al. 1987, Osborne and Redak 2000). Because of variable weather during 
winter and early spring, the time between the termination of diapause 
and pupation can range from 2 weeks, if conditions are warm and sunny, 
to over 2 months if cold, rainy conditions prevail (G. Pratt, pers. 
comm., 2001). Post-diapause larvae undergo from 2 to as many as 4 
instars prior to pupating in webbed shelters near ground level. Adults 
emerge from pupae after approximately 10 days, depending on the weather 
(Mattoni et al. 1997).
    Adult Quino checkerspot butterflies spend time searching for mates, 
basking in the sun to regulate body temperature, feeding on nectar, 
defending territories, and in the case of females, searching for sites 
to deposit eggs. The Quino checkerspot butterfly, like other subspecies 
of Edith's checkerspot, shows a habitat preference for low-growing 
vegetation interspersed with barren spots (Osborne and Redak 2000). The 
thermodynamic requirements of the butterfly and its natural avoidance 
of shaded areas deter flight below the canopy of vegetation (M. Singer, 
pers. comm., 2001).
    Male Quino checkerspot butterflies, and to a lesser extent females, 
are frequently observed on hilltops and ridgelines (Carlsbad Fish and 
Wildlife Office GIS Quino checkerspot butterfly database and metafile, 
Osborne 2001). A number of behaviors characteristic of species commonly 
found on hilltops have been documented. For example, male Quino 
checkerspots have been observed to perch consistently in prominent 
locations on hilltops devoid of host plants and ``attack'' any other 
males that approach (Osborne 2001, Pratt 2001). Further evidence that 
Edith's checkerspots may display facultative ``hilltopping'' behavior 
was found in Colorado, where males of an Edith's checkerspot population 
were also observed aggregating on hilltops, where females travel to 
seek mates, when population densities were low (Ehrlich and Wheye 1986 
as discussed in Ehrlich and Murphy 1987). Hilltops may also represent 
centers of Quino checkerspot population density in some areas. Based on 
occurrence data, Quino checkerspot butterfly adults are frequently 
observed on hilltops (Service, in prep.), even in the absence of nearby 
larval host plants (Osborne 2001). Based on current knowledge of the 
Quino checkerspot butterfly ecology and biology, we believe hilltops 
provide essential breeding areas for some local populations.
    Habitat patch distributions are defined by a matrix of adult 
resources (all larval resources are found within areas of adult 
movement), primarily nectar plants, oviposition plants, and basking 
sites. Habitat patches for the bay checkerspot butterfly can vary 
greatly in area and distribution (Harrison et al. 1988). Habitat patch 
fragmentation occurs when land use changes compromise adult movement 
patterns and frequently results from habitat destruction that reduces 
resource availability. Such fragmentation may significantly reduce the 
ability of habitat patches to support local populations.
    Most Quino checkerspot butterfly populations are part of a larger 
metapopulation structure (sets of local habitat patch populations) 
(Service, in prep.). Isolated habitat patches are not sufficient to 
ensure the long-term persistence of butterfly metapopulations (Hanski 
1999). A local habitat patch population may be expected to persist on 
the time scale of years (Harrison 1989). Persistence of metapopulations 
for longer terms results from the interaction among sets of local 
habitat patch populations at larger geographic scales. Although local 
habitat patch populations may change in size independently, their 
probabilities of existing at a given time are not independent of one 
another because they are linked by processes of extirpation and mutual 
recolonization, processes that occur on the order of every 10 to 40 
years for some butterflies, including the Quino checkerspot (Harrison 
et al. 1988, Murphy and White 1984).
    Metapopulations should be stable over the course of decades, since 
most of their constituent habitat patch populations will be recolonized 
within approximately 10 years of extirpation. The intervening distance 
and topography among habitat patches primarily determine colonization 
rates (Harrison 1989). The long-term persistence of butterfly species 
with metapopulation dynamics depends on the maintenance of temporarily 
unoccupied habitat patches and recolonization events that link habitat 
patches within metapopulations (Murphy and White 1984; Hanski 1999; 
Service, in prep.). Maintenance of landscape connectivity (habitat 
patches linked by intervening dispersal areas) is essential in order to 
maintain metapopulation resilience. Land use changes that dispersal 
between habitat patches and isolate local populations by compromising 
landscape connectivity can be just as detrimental to metapopulation 
survival as those that destroy or reduce the size of habitat patches 
(Service, in prep.).
    Possibly the most extensive documentation of metapopulation 
dynamics in any species has been carried out over the past 42 years on 
several subspecies of Edith's checkerspot, primarily the endangered bay 
checkerspot (e.g., Ehrlich 1961, 1965; Singer 1972; Murphy and Ehrlich 
1980; White and Levin 1981; Ehrlich and Murphy 1987; Harrison 1989; 
Boughton 1999, 2000). Although not every population of Edith's 
checkerspot studied has demonstrated metapopulation dynamics (Ehrlich 
and Murphy 1987), the majority of studies (e.g., Ehrlich 1961, 1965; 
Singer 1972; Murphy and Ehrlich 1980; White and Levin 1981; Ehrlich and 
Murphy 1987; Harrison 1989; Boughton 1999, 2000) and local climate and 
habitat patterns

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(Service, in prep.) indicate most Quino checkerspot populations should 
display some type of metapopulation dynamics. Until the specific long-
term dynamics or genetic composition of Quino checkerspot populations 
are documented and suggest otherwise, it is prudent to assume that 
local populations belong to a greater metapopulation at some spatial 
and temporal scale (Hanski 1999; Service, in prep.).
    Mark-release-recapture studies indicate that in most seasons 
Edith's checkerspot subspecies exhibit sedentary behavior during the 
majority of their adult lives, although these studies were not 
specifically designed to quantify long-distance dispersal. In this type 
of study, researchers mark captured individuals, release them, and then 
recapture as many as possible within a target area after a period of 
time. Most recaptures have occurred within 100 to 200 meters (m) (490 
to 980 feet (ft)) of release (Ehrlich 1961, 1965; Gilbert and Singer 
1973; White and Levin 1981; Harrison et al. 1988; Harrison 1989; 
Boughton 1999, 2000). Harrison et al. (1988) documented no between-
habitat patch transfers of marked individuals greater than 1 km (0.6 
mi). Harrison (1989) recaptured bay checkerspots in a target habitat 
patch greater than 1 km (0.6 mi) from the point of release in only 5 
percent of cases. However, dispersal tendency appears to be relatively 
variable in Edith's checkerspots (White and Levin 1981) and appears to 
have evolved to fit local or regional situations (Gilbert and Singer 
1973). White and Levin (1981) noted that, ``It seems likely from the 
lower return rate in 1972 (a dry year) and from the observed pattern of 
out-dispersal, that many marked (male Quino checkerspot butterflies) 
individuals dispersed beyond the area covered by our efforts that 
year.'' Research indicated that females were more likely to emigrate 
than males (Ehrlich et al. 1984); and older adults appeared to have a 
greater tendency to disperse as butterfly densities, host plant 
suitability, and female egg load weights declined (White and Levin 
1981, Harrison 1989).
    When quality host plants are in short supply, larvae respond by 
diapausing (if they are mature enough) and adults respond by dispersing 
(White and Levin 1981, Murphy and White 1984). Several populations of 
Quino checkerspots studied for almost a decade increased in number by 
nearly two orders of magnitude in 1977, and many habitat patches were 
defoliated by larvae, resulting in very high rates of dispersal (Murphy 
and White 1984). Dispersal tendency also increased when dry conditions 
reduced the number and suitability of host plants (White and Levin 
1981). Long-distance dispersal in bay checkerspot butterflies has been 
documented as far as 6.4 km (3.9 mi) (Murphy and Ehrlich 1980), 5.6 km 
(3.4 mi) (1 male), and 2 km (1.8 mi) (1 female) (Harrison 1989). 
Individual long-distance dispersal may be prevalent under certain 
conditions, but the likelihood of long-distance colonization by a given 
individual is usually low because environmental conditions promoting 
dispersal are not likely to also promote colonization due to reduced 
butterfly densities and host plant quality.
    Dispersal direction from habitat patches seems to be random in the 
bay checkerspot butterfly, but dispersing butterflies are likely to 
move into habitat patches when they can detect them (pass within 
approximately 50 m (163 ft)), and are most likely to remain where the 
existing density of butterflies is lowest (Harrison 1989). Bay 
checkerspot butterfly patch occupancy patterns also suggest that 
patches separated from a source population by hilly terrain are less 
likely to be colonized than those separated by flat ground (Harrison 
1989). Harrison (1989) concludes that because establishment rates were 
low during her study, and initial dispersal direction was random, 
relatively large numbers of butterflies must have emigrated from the 
source population at some point to explain the apparent long term 
habitat patch re-colonization pattern. High habitat patch colonization 
rates probably only occur during rare outbreak years, when high local 
densities combine with favorable establishment conditions in unoccupied 
patches (Harrison 1989). Rare outbreak events are thought to play a 
crucial role in Quino checkerspot butterfly metapopulation resilience 
(Murphy and White 1984).
    Long-distance habitat patch colonization may be achieved within a 
single season through dispersal of individual butterflies, or over 
several seasons through stepping-stone habitat patch colonization 
events. Bay checkerspot island habitat patch recolonization distances 
from the Morgan Hill mainland habitat patch population averaged 3.4 km 
(2.1 mi) between the late 1970s and late 1980s, with a minimum distance 
(individual butterfly movement) of 1.4 km (0.9 mi), and a maximum of 
4.4 km (2.7 mi) (Harrison et al. 1988). An overview of dispersal 
studies suggests that long-distance movements by individuals are not 
common, but may allow for infrequent between-patch exchanges of up to 
6.0 km (3.7 mi) under optimal conditions. Bay checkerspot butterfly 
habitat patch colonization patterns and models suggest that habitat 
patches as distant as 7.0 km (4.3 mi) may provide sources of 
recolonization for each other via stepping-stone dispersal over a 40-to 
50-year period (Harrison 1988 et al., Harrison 1989).
    Quino checkerspot butterfly oviposition (egg deposition) has most 
often been documented on Plantago erecta (dwarf plantain). However, egg 
clusters and pre-diapause larvae have also recently been documented on 
other species of host plant. Plantago patagonica (woolly plantain) and 
Anterrhinum coulterianum (white snapdragon) appear to be the primary 
host plants utilized above the elevational limits of dwarf plantain 
(approximately 3000 m (9750 ft)) (Pratt 2001). In 2000 (a dry year), 
all larval clusters at the Silverado pre-approved mitigation area in 
Riverside County were found on woolly plantain (and few white 
snapdragon plants were observed). In 2001, however, when both host 
plants were abundant, all larval clusters were found on white 
snapdragon despite the presence of woolly plantain (Pratt 2001). In 
2001, a site near Barrett Junction in southern San Diego County yielded 
another interesting primary host plant observation. Although dwarf 
plantain was abundant, the plants were small in stature and all larval 
clusters were found on Cordylanthus rigidus (thread-leaved bird's beak) 
within the patches of dwarf plantain, confirming earlier observations 
of this species as a primary host plant (Pratt 2001). All host plant 
species occur in coastal sage scrub, open chaparral, grassland, and 
similar open-canopy plant communities. Dwarf plantain is often 
associated with soils with fine-textured clay or with cryptogamic 
crusts (i.e., soil crusts composed of fungi, mosses, and lichens).
    The two most important factors affecting the suitability of host 
plants for Quino checkerspot butterfly oviposition are exposure to 
solar radiation and host plant phenology (timing of development). Quino 
checkerspot butterflies deposit eggs on plants located in full sun, 
preferably surrounded by bare ground or sparse, low-growing vegetation 
(Weiss et al. 1987, 1988; Osborne and Redak 2000). Primary host plants 
must remain edible for approximately 8 weeks to support pre-diapause 
larvae if no secondary host plants (species of host plant adults do not 
deposit eggs on) are available (Singer 1972, Singer and Ehrlich 1979).
    Secondary host plants may be important before and after larval

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diapause. Secondary host plants are important for pre-diapause larvae 
when the primary hosts become unavailable before larvae can enter 
diapause, and for post-diapause larvae when primary host plant 
availability is limited when the larvae emerge from diapause. Such was 
the case with many populations of the bay checkerspot where dwarf 
plantain was the primary host plant, but most larvae survived to reach 
diapause by migrating to Castilleja exserta (owl's clover). Pre-
diapause larvae fed on owl's clover until diapause, then returned to 
feeding on dwarf plantain when they broke diapause in the winter 
(Singer 1972, Ehrlich et al. 1975). Some populations of the Quino 
checkerspot butterflies may depend on secondary hosts for their 
survival. Multiple overlapping primary and secondary host plant 
distributions within a habitat patch probably contribute to patch 
suitability. For example, in 2001 a host plant micro-patch was 
documented in southwestern San Diego County where thread-leaved bird's 
beak was the primary host plant, but dwarf plantain (relatively small 
in stature) and owl's clover were also present (Pratt 2001). It is 
possible that dwarf plantain is an important post-diapause secondary 
host plant at sites such as the one near Barrett Junction because 
thread-leaved bird's beak is very immature, and less abundant, than 
dwarf plantain when larvae come out of diapause (Pratt 2001).
    Edith's checkerspot butterflies use a much wider range of plant 
species for adult nectar feeding than for larval foliage feeding. The 
butterflies frequently take nectar from Lomatium spp. (lomatium), 
Muilla spp. (goldenstar), Achillea millefolium (milfoil or yarrow), 
Amsinkia spp. (fiddleneck), Lasthenia spp. (goldfields), Plagyobothrys 
and Cryptantha spp. (popcorn flowers), Gilia spp. (gilia), Eriogonum 
fasciculatum (California buckwheat), Allium spp. (onion), and 
Eriodictyon spp. (yerba santa) (D. Murphy and G. Pratt, pers. comm., 
2000). Salvia columbare (chia) may also be used for nectar feeding 
(Orsak 1978; K. Osborne, pers. comm., 2001), but is probably not 
preferred (G. Pratt, D. Murphy, pers. comm., 2001). Quino checkerspot 
butterflies have been observed flying several hundred meters from the 
nearest larval habitat patch to nectar sources.
    Although habitat patches may theoretically be delineated by long-
term studies based on host and nectar plant distribution and density, 
delineation of long-term habitat patch footprints, or extant larval 
occupancy, may be difficult to estimate at any given point in time 
(Service, in prep.). Plant population quality, density, and 
distribution change over time for a variety of reasons, and Quino 
checkerspot populations have evolved to respond to shifting habitat 
patch suitability in space and time (Service, in prep.). For example, 
environmental conditions may not favor plant germination one season, or 
favor germination of other plant species, but low-density germination 
of host plant individuals or a seed bank may still result in abundant 
germination at a later date. Lower primary host plant density may be 
sufficient if secondary host plant species are present, and feeding by 
herbivores, including Quino checkerspot butterfly larvae, will reduce 
the density of host plants, even under the best environmental 
conditions (Service, in prep.). During years when host plant densities 
are too low to support larvae to maturity, the larvae may remain in 
diapause for 2 or more years. Host plant densities may even remain very 
low for a long enough period to result in the extirpation of larval 
residents (of micropatches) or local populations (of habitat patches). 
If the canopy opens or environmental conditions improve, these sites 
may support larvae again. Because the size, quality, and number of host 
plant micropatches and habitat patches fluctuate regularly, so do Quino 
checkerspot population distributions and the number of Quino 
checkerspot individuals that mature each season.
    The Quino checkerspot butterfly is threatened primarily by urban 
and agricultural development, non-native plant species invasion, off-
road vehicle use, grazing, and fire management practices (62 FR 2313). 
These threats destroy and degrade the quality of habitat and result in 
the extirpation of local Quino checkerspot populations. Quino 
checkerspot butterfly population decline likely has been, and will 
continue to be, caused in part by enhanced nitrogen deposition, 
elevated atmospheric carbon dioxide concentrations, and climate change 
(Service, in prep.). Nonetheless, urban development poses the greatest 
threat and exacerbates all other threats. Activities resulting in 
habitat fragmentation or host or nectar plant removal reduce habitat 
quality and increase the probability of local Quino checkerspot 
butterfly population extirpation and species extinction.
    Other threats to the species identified in the final listing rule 
(62 FR 2313) include illegal trash dumping and predation. Dumping, a 
documented problem for some populations (G. Pratt, pers. comm., 2000, 
2001), is detrimental because of resulting habitat degradation and 
destruction. Over-collection by butterfly hobbyists and dealers is a 
probable threat, although the magnitude of this activity is unknown. 
Stamp (1984) and White (1986) examined the effects of parasitism and 
predation on the genus Euphydryas, although it is not clear whether 
these mortality factors pose a significant threat to this species. 
Predation by Argentine ants (Iridomyrmex humilis) has been observed in 
colonies of the butterfly in the laboratory (G. Pratt, pers. comm., 
2000) and intense predation by non-native Brazilian fire ants 
(Solenopsis invicta) is likely where they co-occur with Quino 
checkerspot butterflies (Porter and Savignano 1990). Brazilian fire 
ants were documented in 1998 in the vicinity of historic Quino 
checkerspot butterfly habitat in Orange County and have subsequently 
been found in Riverside and Los Angeles Counties (California Department 
of Food and Agriculture 1999).
    The recovery strategy for the Quino checkerspot butterfly focuses 
on conservation of occurrence complexes within recovery units, as 
discussed in the recovery plan that is currently being finalized 
(Service, in prep.). Occurrence complexes are based on Quino 
checkerspot butterfly observations, probably within a greater 
distribution of undocumented metapopulations. Occurrences are mapped in 
the recovery plan (Service, in prep.) using a 1 km (0.6 mi) dispersal 
radius. This distance delineates the area within which we would expect 
to find the habitat patch associated with an individual observed 
butterfly (Gilbert and Singer 1973, Harrison et al. 1988, Harrison 
1989). Occurrences within 2 km (1.2 mi) of each other are considered to 
be part of the same occurrence complex because such observations are 
proximal enough that the observed butterflies would have come from the 
same population (Ehrlich and Murphy 1987, Harrison et al. 1988, 
Harrison 1989).
    Recovery units represent the primary areas for managing recovery 
efforts (Service, in prep.). Most recovery units contain of one or more 
core occurrence complexes and correspond to habitat regions described 
in the recovery plan (Service, in prep.). Several factors were 
considered in identifying recovery units, including biological factors, 
political boundaries, and ongoing conservation efforts. In some 
instances, recovery unit boundaries were modified to maximize 
efficiency of reserves, encompass areas of common threats, or 
accommodate logistic concerns. Recovery units include areas of apparent 
landscape connectivity that are

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not currently known to be occupied (e.g., the Railroad Canyon Reservoir 
(Canyon Lake) area in Riverside County), when evidence warranted 
inclusion. Because of their broad scale, recovery units include lands 
both essential and non-essential to the long term conservation of the 
Quino checkerspot butterfly.
    Although the Quino checkerspot butterfly is a subspecies of Edith's 
checkerspot, for ease in description we refer to it as a species for 
the remainder of this document.

Previous Federal Action

    On September 30, 1988, we received a petition dated September 26, 
1988 to list the Quino checkerspot butterfly as endangered under the 
Act from Dr. Dennis Murphy of the Stanford University Center for 
Conservation Biology. At the time the petition was submitted, Quino 
checkerspot butterfly observations had not been reported for several 
years. The status of the Quino checkerspot butterfly had been under 
review since 1984 (49 FR 21664). It was classified as a Category 1 
candidate species on November 21, 1991 (56 FR 58804), meaning that 
information on file was sufficient to support a proposal to list this 
species as endangered or threatened.
    On August 4, 1994, we published a petition finding in the Federal 
Register (59 FR 39868) with a proposed rule to list the Quino 
checkerspot butterfly as endangered. This publication included the 90-
day finding that the petition presented substantial information that 
listing the Quino checkerspot butterfly may be warranted, the 12-month 
petition finding that listing the Quino checkerspot butterfly was 
warranted, and the proposed rule to list the species. On September 26, 
1994, we published a notice extending the public comment period and 
announcing a public hearing on the proposed rule for the Quino 
checkerspot butterfly and several other species (59 FR 49045). We 
published a final rule listing the Quino checkerspot butterfly as 
endangered on January 16, 1997 (62 FR 2313). In the final listing rule, 
we determined that designation of critical habitat was not prudent for 
the Quino checkerspot butterfly.
    On June 30, 1999, the Center for Biological Diversity filed suit in 
the U.S. District Court, challenging the not-prudent finding for 
critical habitat as published in the final listing rule for the Quino 
checkerspot butterfly. The plaintiff contended that we did not properly 
consider the benefits of designating critical habitat or adequately 
document known or perceived threats that would result from a critical 
habitat designation. On February 16, 2000, we agreed to a stipulated 
settlement that required us to re-evaluate the existing not-prudent 
finding. If we found that critical habitat was prudent, then a proposal 
to designate critical habitat was to be submitted for publication in 
the Federal Register by February 1, 2001, and a final designation made 
by October 1, 2001. If we found that critical habitat was not prudent, 
then a final determination was to be submitted for publication in the 
Federal Register by June 1, 2001.
    In accordance with the stipulated settlement agreement, we re-
evaluated the not-prudent finding as determined at the time of listing. 
Following our re-evaluation, we determined that designating critical 
habitat was, in fact, prudent and published a proposed rule to 
designate it on February 7, 2001 (66 FR 9476).
    Because completion of the draft economic analysis for the proposed 
designation was delayed and we required time to hold public hearings, 
we requested a 90-day extension to adequately address public comments 
and complete the final designation from the plaintiffs. The plaintiffs 
agreed to the extension and on October 2, 2001 the District Court 
approved the 90-day extension requiring us to complete the final 
designation by January 4, 2002. We subsequently received another 
extension giving us until April 4, 2002 to complete the final 
designation of critical habitat for the Quino checkerspot butterfly.

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 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 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 proposed 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 for other forms of protection to lands designated as critical 
habitat. Because consultation under section 7 of the Act does not apply 
to activities on private or other non-Federal lands that do not involve 
a Federal nexus, critical habitat designation would not afford any 
additional protections under the Act against such activities.
    To be included in a critical habitat designation, the habitat must 
first be ``essential to the conservation of the species.'' Critical 
habitat designations identify, to the extent known, habitat areas that 
provide for the essential life cycle needs of the species (i.e., areas 
containing the primary constituent elements, as defined at 50 CFR 
424.12(b)) using the best scientific and commercial data available.
    Section 4 requires that we designate critical habitat for a 
species, to the maximum extent determinable and practicable, at the 
time of listing. 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 which are essential for 
the conservation of the species. Nevertheless, we are required to 
designate those areas we know to be essential, at the time of 
designation, using the best information available.
    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.
    Our regulations state that, ``The Secretary shall designate as 
critical

[[Page 18361]]

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 the range 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 decisions made by the Service represent the best scientific 
and commercial data available. It requires us, to the extent consistent 
with the Act, and with the use of the best scientific and commercial 
data available, to rely on primary and original sources of information 
as the basis for critical habitat designations. 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, biological assessments, unpublished materials, and 
expert opinion.
    Habitat is often dynamic and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, it is understood that critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or may not be required for conservation of the species. 
Areas outside the critical habitat designation will continue to be 
subject to conservation actions that may be implemented under section 
7(a)(1) and the regulatory protections afforded by the section 7(a)(2) 
jeopardy standard and the section 9 take prohibition, as determined on 
the basis of the best available information at the time of the action. 
Therefore, federally funded or assisted projects affecting listed 
species outside their designated critical habitat areas may still 
result in jeopardy findings in some cases. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available to these 
planning efforts calls for a different outcome.

Methods

    We used the best scientific and commercial data available to 
determine areas essential to the conservation of the Quino checkerspot 
butterfly. We reviewed available information that pertains to the 
habitat requirements of this species, including data from research and 
survey observations published in peer-reviewed articles; information 
from private and institutional collections; regional GIS coverages; 
data collected from biological reports submitted by holders of section 
10(a)(1)(A) recovery permits, including data from the 2001 flight 
season; and recommendations from the Quino checkerspot butterfly 
recovery team during the development of the draft and final recovery 
plans for the butterfly.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, we are required to base critical habitat determinations 
on the best scientific and commercial data available and to consider 
those physical and biological features (primary constituent elements) 
that are essential to the conservation of the species and that may 
require special management considerations or protection. These include, 
but are not limited to, space for individual and population growth and 
normal behavior; food, water, air, light, minerals, or other 
nutritional or physiological requirements; cover or shelter; sites for 
breeding, reproduction, rearing (or development) of offspring; and 
habitats that are protected from disturbance or representative of the 
historic geographical and ecological distribution of a species. All 
areas designated as critical habitat for the Quino checkerspot 
butterfly contain one or more of these physical or biological features.
    The areas designated as critical habitat are designed to provide 
sufficient habitat to maintain self-sustaining populations of Quino 
checkerspot butterflies throughout its range and provide those habitat 
components essential for the conservation of the species. Habitat 
components that are essential for the Quino checkerspot butterfly 
(i.e., primary constituent elements) include the biological needs of 
larval diapause, feeding, and pupation, adult oviposition, nectaring, 
roosting and basking, and dispersal, genetic exchange, and shelter. The 
critical habitat units are configured to provide room for 
metapopulation dynamics, which is essential for the conservation of the 
species, including dispersal corridors.
    Primary constituent elements occur in undeveloped areas that 
support various types of open-canopy woody and herbaceous plant 
communities. They include, but are not limited to, plant communities 
that provide populations of host plant and nectar sources for the Quino 
checkerspot butterfly.
    The primary host plants (species of plants that butterflies deposit 
eggs on) that have been documented for the Quino checkerspot butterfly 
include dwarf plantain, woolly plantain, white snapdragon, and thread-
leaved bird's beak, with dwarf plantain being both the most common and 
the most commonly used as a host. Dwarf plantain is an annual herb 
found in coastal sage scrub, open chaparral, grassland and similar 
plant communities. The plant is often associated with cryptogamic 
crusts and fine-textured clay soils.
    Some local populations of Quino checkerspot butterfly larvae may 
depend on secondary host plants to survive. Typically, secondary hosts 
are important when the primary host plants begin to dry up and become 
inedible before larvae are mature enough to respond by entering 
diapause (Singer 1972, Ehrlich et al. 1975). Owl's clover is important 
as a pre-diapause secondary host plant. Secondary host plant species 
may also be important for post-diapause larvae if primary host plant 
species are not abundant enough when the larvae come out of diapause. 
Species that serve as primary host plants at one site may serve as 
secondary host plants at another. Use may also vary annually, depending 
on local population preferences and environmental conditions.
    Adult Quino checkerspot butterflies use a variety of plants for 
nectar feeding. Quino checkerspot butterflies prefer flowers with a 
platform-like surface on which they can remain upright while feeding 
(D. Murphy and G. Pratt, pers. comm., 2000). The Quino checkerspot 
butterfly frequently takes nectar from lomatium, goldenstar, yarrow, 
fiddleneck, goldfields, popcorn flower, gilia, California buckwheat, 
onion, and yerba santa (D. Murphy and G. Pratt, pers. comm., 2000).
    Topographic features (i.e., hills and ridges) that are relatively 
prominent for the geographic area associated with an occupied habitat 
patch are also frequently inhabited by Quino checkerspot butterflies 
during mating season. Male Quino checkerspot

[[Page 18362]]

butterflies have been observed to patrol territories, perch in open 
areas on hilltops, and chase away competing males when they approach 
(Osborne 2001, Pratt 2001). Further evidence that Edith's checkerspots 
may display facultative ``hilltopping'' behavior was found in Colorado. 
Males of another subspecies of Edith's checkerspot also appeared to 
aggregate on hilltops, where females travel to seek mates, when 
population densities were low (Ehrlich and Wheye 1986 as discussed in 
Ehrlich and Murphy 1987). Such ``hilltopping'' behavior is believed to 
be important to reproduction in some local populations (Service, in 
prep.). These topographic features also constitute primary constituent 
elements of Quino checkerspot butterfly habitat.
    In summary, the primary constituent elements of Quino checkerspot 
butterfly habitat consist of:
    (1) Grassland and open-canopy woody plant communities, such as 
coastal sage scrub, open red shank chaparral, and open juniper 
woodland, with host plants or nectar plants;
    (2) Undeveloped areas containing grassland or open-canopy woody 
plant communities, within and between habitat patches, utilized for 
Quino checkerspot butterfly mating, basking, and movement; or
    (3) Prominent topographic features, such as hills and/or ridges, 
with an open woody or herbaceous canopy at the top. Prominence should 
be determined relative to other local topographic features.

Criteria Used To Identify Critical Habitat Units

    The draft recovery plan (Service 2001) for the Quino checkerspot 
butterfly identifies the specific recovery needs of the species, and 
serves as guidance for identifying areas essential to conservation of 
the Quino checkerspot butterfly to propose as critical habitat. This 
recovery plan is being finalized based on data from the 2001 adult 
butterfly flight season and public comments received on the draft 
recovery plan. The final recovery plan (Service, in prep.) details a 
strategy for recovering the butterfly to the point at which it can be 
downlisted to threatened. This recovery strategy focuses on lands 
described as essential for the long term conservation of the Quino 
checkerspot butterfly because they: (1) Contain extant populations that 
must be managed to recover the species; (2) provide landscape 
connectivity or linkages among populations, or at least are required to 
maintain natural long term resilience and genetic exchange among 
smaller populations or metapopulations; or (3) contain habitats that 
were part of a historical population distribution adjacent to occupied 
areas and either contain habitat necessary to support the expansion of 
small, low-density populations or have the potential to contain 
suitable habitat for them if they are restored.
    Areas supporting core populations (large occurrence complexes) of 
the Quino checkerspot butterfly, or that have the potential to support 
core populations (i.e., areas currently containing or supporting 
primary constituent elements), are essential to the long term 
conservation of the species because they represent the foundation for 
continued persistence of the species. Furthermore, some habitat areas 
that would not be considered essential if they were geographically 
isolated are, in fact, essential when situated in locations where they 
facilitate continued landscape connectivity among surrounding local 
populations or otherwise play a significant role in maintaining 
metapopulation viability (e.g., by providing sources of immigrants to 
recolonize adjacent habitat patches following periodic extirpation 
events). Populations on the periphery of the species' range, or in 
atypical environments, are important for maintaining the genetic 
diversity of the species and could be essential to evolutionary 
adaptation to rapidly changing climatic and environmental conditions 
(Lesica and Allendorf 1995).
    In the proposed designation of critical habitat for the Quino 
checkerspot butterfly we used a 4.8 km (3 mi) radius from each recent 
occurrence to define areas essential to the conservation of the 
butterfly. Following the proposal, we re-evaluated the use of this 
approach based on public comments and data in peer-reviewed literature. 
In the final recovery plan (Service, in prep.), we define spatially 
clustered Quino checkerspot butterfly observations as occurrence 
complexes. Based on our understanding of likely Quino movement 
patterns, occurrence complexes are estimated and mapped using a 1 km 
(0.6 mi) dispersal distance around recent butterfly occurrences. This 
method ensures inclusion of the habitat likely used by the butterflies 
in each observation. We have based this final critical habitat 
designation on these occurrence complexes. For portions of this final 
critical habitat designation (the Temecula/Murrieta/Oak Grove subunit 
and the Otay unit), we used a configuration of the mapped occurrence 
complexes that provided for landscape connectivity and viable Quino 
checkerspot butterfly metapopulations. In these two areas, we mapped 
the distribution of the occurrence complexes defined by the 1 km (0.6 
mi) dispersal distance around recent butterfly occurrences and 
evaluated those intervening lands proximal to the complexes. Initially, 
we evaluated lands that were included in the proposal. For this final 
rule, we then defined critical habitat by first connecting the outer 
tangents of complexes, thereby including the essential lands among 
complexes, to form a cohesive unit that would provide for survival and 
conservation of regional populations. We made the determination that 
the lands among the complexes are essential based on knowledge of the 
ecology of the Quino checkerspot butterfly, the relationship of 
occurrence complexes to each other, interpretation of aerial 
photography, GIS land use coverage, and information from field visits. 
Finally, we excluded lands within the complex configuration that we 
knew were not essential, for example, developed areas greater than 2.0 
ha (5.0 ac), and lands dominated by Tecate cypress woodland.
    We then used these occurrence complexes to prepare initial maps of 
the final critical habitat units. Where occurrence complexes are 
relatively close to each other, within about 4.8 km (3 mi) of another 
occurrence complex, we prepared the initial unit maps by connecting the 
peripheries of all the nearby occurrence complexes. Based on what we 
understand about Quino checkerspot butterfly dispersal behavior, we 
believe the butterflies within these areas represent a regional 
metapopulation; the occurrence complexes may represent subpopulations 
of these metapopulations which are located close enough to other 
subpopulations to provide for recolonization in the event of local 
extirpation.
    As we discussed above, 4.8 km (3 mi) is the maximum estimated 10-
year recolonization distance using a stepping-stone dispersal model, 
based on results from the Morgan Hill bay checkerspot population 
(Harrison et al. 1988); that is, it is unlikely that populations 
located more than 4.8 km (3 mi) from the nearest known population play 
a significant role in maintaining a metapopulation (unless there are 
closer populations we have not yet identified). However, for specific 
reasons described below for each unit, we believe that several of these 
more isolated occurrence complexes are in areas essential to the 
conservation of the butterfly. We used a different approach, similar to 
that which we used in the proposed rule, to develop initial unit

[[Page 18363]]

maps for these isolated occurrences. In these cases, we initially 
evaluated areas that were included in the proposal and were within 4.8 
km (3 mi) of each recent observation. We made the determination that 
the lands surrounding the complexes are essential based on knowledge of 
the ecology of the Quino checkerspot butterfly, interpretation of 
aerial photography, GIS land use coverage, and information from field 
visits. Finally, we excluded all lands within 4.8 km (3 mi) of 
occurrences that available data indicated were not essential, for 
example, agricultural areas greater than 2.0 ha (5.0 ac) and hills with 
very little vegetation dominated almost entirely by boulders and 
exposed rock. We believe that this identifies the minimum area needed 
to provide sufficient habitat to support the long-term conservation of 
the butterfly in these locations. This method was used to map isolated 
occurrence complexes in the Harford Springs subunit of Unit 1, the 
Brown Canyon subunit of Unit 2, and the Jacumba Unit.
    For the Lake Mathews/Estelle Mountain Reserve subunit of Unit 1 
that is currently not known to be occupied, we used a variation of the 
methodology based on the 4.8 km (3 mi) dispersal radii. In the proposed 
designation, we used the 4.8 km (3 mi) method based on 1982 occurrence 
data and expanded the subunit to include an additional portion of the 
Lake Mathews/Estelle Mountain Reserve to the south that was not 
captured. For this final designation, we limited critical habitat in 
this subunit to only those lands within the Lake Mathews/Estelle 
Mountain Reserve. This reserve captures the highest quality habitat 
known to remain within the dispersal radius and is the focal point of 
future recovery efforts (Service, in prep.).
    For the development of this final designation we also took into 
consideration information provided through public comments, the draft 
and final economic analyses, and biological information that became 
available since the proposed designation was published. This latter 
information included data from the 2001 adult butterfly flight season, 
which corroborated and further supported decisions made during the 
development of the proposed designation in most cases. In general, the 
data from the 2001 flight season: (1) Provided additional support for 
the inclusion of areas into critical habitat that we determined to be 
essential during the development of the proposed rule; (2) indicated 
several areas believed to be essential but not known to be occupied 
were now, in fact, occupied (specifically in the northeastern portion 
of Unit 3); and (3) documented several new areas of occupancy outside 
of proposed critical habitat. These areas outside of proposed critical 
habitat, in which the Quino checkerspot butterfly has recently been 
documented (2001), have not been included in this final designation. 
These new occurrences are discussed later in the Critical Habitat and 
Summary of Comments and Recommendations sections of this final rule.
    We identified and mapped areas essential to the conservation of the 
species using the configuration of occurrence complexes and the 
characteristics of essential habitat described above. The initial unit 
and subunit maps were based on interpretation of aerial photography at 
a scale of 1:24,000 (comparable to the scale of a 7.5 minute U.S. 
Geological Survey Quadrangle topographic map) and current digital 
ortho-photography. We then revised these initial units based on other 
information, including boundaries of approved habitat conservation 
plans (HCPs), information developed through section 7 consultations, 
boundaries of active restoration efforts for the butterfly, and 
information obtained from ongoing analyses used for the development of 
reserve systems for future conservation plans that may cover the 
butterfly (e.g., Western Riverside County Multiple Species Habitat 
Conservation Plan (MSHCP)). Additionally, in Riverside County (Units 1 
and 2), we used an updated GIS land use coverage from the County of 
Riverside to exclude lands greater than or equal to 2.0 ha (5.0 ac) 
designated as urban or intense agriculture. A comparable updated GIS 
coverage was not available for use for San Diego County. However, we 
attempted to manually exclude areas of similar description from those 
critical habitat units (Units 3 and 4).
    For the purpose of this designation, critical habitat units have 
been described using Universal Transverse Mercator (UTM) North American 
Datum of 1927 (NAD 27) coordinates derived from a 100-m grid that 
approximated the essential critical habitat line delineated from 
digital aerial photography with the exception of the Lake Mathews 
portion of Unit 1 and Unit 3 (Otay Unit). The Lake Mathews portion of 
Unit 1 was described referencing the Lake Mathews/Estelle Mountain 
Reserve. The Otay Unit was described using a combination of UTM 
coordinates and boundaries for the Multiple Habitat Preservation Area, 
the County of San Diego's pre-approved mitigation areas, the Major 
Amendment Areas, State and Federal lands, and State Route 94.
    In defining critical habitat boundaries, we made an effort to 
exclude all developed areas, such as towns, housing developments, and 
other lands unlikely to contain primary constituent elements essential 
for Quino checkerspot butterfly conservation. Our 100-m UTM grid 
minimum mapping unit was designed to minimize the amount of development 
along the urban edge included in our designation. However, this minimum 
mapping unit did not allow us to exclude all developed areas, such as 
buildings, paved or improved roads, aqueducts, railroads, other paved 
areas, lawns, large areas of closed canopy woody vegetation such as 
chaparral and cypress, active agricultural fields, and other urban 
landscaped areas that do not contain primary constituent elements. 
Federal actions limited to these areas would not trigger a section 7 
consultation unless they would affect the species and/or primary 
constituent elements in adjacent critical habitat.

Critical Habitat

    The approximate area encompassing the designation of critical 
habitat for the Quino checkerspot butterfly by county and land 
ownership is shown in Table 1.

     Table 1. Approximate Critical Habitat in Hectares (ha) (acres (ac)) by County and Land Ownership (Area Estimates Reflect Critical Habitat Unit
                                                                     Boundaries.\1\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          County                              Federal \2\           Tribal          Local/State          Private             Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Riverside................................................           3,985 ha             525 ha           4,805 ha          29,945 ha          39,260 ha
                                                                  (9,850 ac)         (1,300 ac)        (11,875 ac)        (74,005 ac)        (97,030 ac)
San Diego................................................           9,785 ha               0 ha           3,800 ha          16,595 ha          30,180 ha
                                                                 (24,175 ac)             (0 ac)         (9,395 ac)        (41,005 ac)        (74,575 ac)
 

[[Page 18364]]

 
    Total................................................          13,770 ha             525 ha           8,605 ha          46,540 ha          69,440 ha
                                                                 (34,025 ac)         (1,300 ac)        (21,270 ac)       (115,010 ac)      (171,605 ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, approximate hectares
  and acres have been rounded to the nearest 5.
\2\ Federal lands include Bureau of Land Management (BLM, Department of Defense (DOD), National Forest, and Service lands).

    Critical habitat includes Quino checkerspot butterfly habitat 
throughout the species' current range in the United States (i.e., 
Riverside and San Diego Counties, California). Lands designated are 
under private, local, State, Federal, and Tribal ownership, with 
Federal lands including lands owned or managed by BLM, Forest Service, 
DOD, and the Service. Lands designated as critical habitat have been 
divided into four critical habitat units.
    We are designating critical habitat on lands that are considered 
essential to the conservation of the Quino checkerspot butterfly. Using 
the recovery plan for guidance (Service, in prep.), we determine that 
an area is essential if it has one or more of the following 
characteristics: (1) Lands considered to be occupied within recovery 
unit boundaries that are part of occurrence complexes identified in the 
recovery plan (Service, in prep.); (2) lands that provide landscape 
connectivity among occurrence complexes; and (3) lands not known to be 
occupied that contain confirmed historic Quino checkerspot butterfly 
locations identified as essential in the recovery plan (Service, in 
prep.). In this final rule, we are designating approximately 2,450 ha 
(6,050 ac) of land within the Estelle Mountain Reserve in Unit 1 
(western Riverside County) that is currently not known to be occupied 
by the Quino checkerspot butterfly.
    Areas designated as critical habitat are designed to provide 
sufficient habitat to maintain self-sustaining populations of the Quino 
checkerspot butterfly throughout its range and provide those habitat 
components essential for the conservation of the species. Critical 
habitat units are configured to provide for metapopulation dynamics, 
including dispersal, which, as stated in the recovery plan (Service, in 
prep.), are essential for the conservation of the species.
    A brief description of each unit and the reasons for proposing to 
designate it as critical habitat are presented below.
Unit 1: Lake Mathews Unit
    Unit 1 encompasses approximately 5,765 ha (14,250 ac) within the 
northwestern portion of Riverside County and occurs within the 
Northwest Riverside Recovery Unit described in the recovery plan. All 
habitat identified as essential in this recovery unit is being 
designated as critical habitat, except the habitat within the Lake 
Mathews MSHCP, which is being excluded under section 4(b)(2) of the Act 
(discussed below in the section entitled ``Exclusions Under Section 
4(b)(2)''). Approximately 220 ha (540 ac) of this unit is Federal land, 
approximately 2,655 ha (6,565 ac) is State or local government land, 
and the remaining 2,890 ha (7,145 ac) is private land. This unit is 
divided into two subunits: The Harford Springs subunit and the Lake 
Mathews/Estelle Mountain Reserve subunit.
    The Harford Springs subunit includes approximately 3,320 ha (8,200 
ac) of lands, including Harford Springs County Park. Quino checkerspot 
butterflies were observed in Harford Springs County Park in 1998. This 
site was once part of a more extensive, well-documented distribution 
with one of the most well-known historic collection locations (i.e., 
Lilly Hill). The Quino checkerspot butterfly was historically abundant 
in this area, with consistently high densities reported by collectors 
from the 1950s to the mid 1980s (Orsak 1978; K. Osborne and G. Pratt, 
pers. comm., 2000).
    The Lake Mathews/Estelle Mountain Reserve subunit, about 2,450 ha 
(6,050 ac) in size, is currently not known to be occupied, but 
considered essential to the conservation of the species (Service, in 
prep.). This subunit contains the Lake Mathews population site. Quino 
checkerspot butterflies were last observed at the southern margin of 
Lake Mathews in 1982 (Carlsbad Fish and Wildlife Office GIS Quino 
checkerspot butterfly database and metafile) when dozens of butterflies 
were documented. Similar to the area containing the Harford Springs 
occurrence complex, the Quino checkerspot butterfly was historically 
abundant at this location. Essential habitat for the butterfly exists 
in the vicinity of Lake Mathews and within the Lake Mathews/Estelle 
Mountain Reserve established for the Stephens' kangaroo rat, which is 
directly south of the Lake (Service, in prep.). As discussed later in 
this rule, the lands within the Lake Mathews MSHCP, where the 1982 
occurrences were documented, have been excluded from critical habitat 
designation because the Lake Mathews MSHCP provides coverage for the 
Quino checkerspot butterfly. The land, including the butterfly habitat, 
within the Lake Mathews/Estelle Mountain Reserve to the south is not 
currently managed for the Quino checkerspot butterfly. This area is 
considered essential and included in designated critical habitat 
because: (1) The butterfly was historically regionally abundant, as 
recently as 1982; (2) quality habitat containing the primary 
constituent elements exists; and (3) it is the focus of restoration and 
reestablishment efforts as described in the recovery plan (Service, in 
prep.).
    The Harford Springs and Lake Mathews/Estelle Mountain Reserve 
subunits are characterized by diverse topography and high-quality 
habitat patches, with extensive, dense stands of dwarf plantain in open 
spaces within juniper woodland, coastal sage scrub, and grassland 
communities. Landscape connectivity still exists between Harford 
Springs County Park and the Lake Mathews area. The Lake Mathews/Estelle 
Mountain Reserve also contains possibly the ``largest continuous stand 
of dwarf plantain in Riverside County,'' south of Lake Mathews in the 
vicinity of Black Rocks, west of Monument Peak (K. Osborne, pers. 
comm., 2000).
Unit 2: Southwest Riverside Unit
    Unit 2 encompasses approximately 34,780 ha (85,950 ac) within 
southwestern Riverside County and northern San Diego County. This 
critical habitat unit supports all or part of 21 of the 22 occurrence 
complexes identified as important to Quino checkerspot butterfly 
recovery in the southwestern Riverside region (Service, in prep.). 
Mapped portions of some of the complexes identified as important to

[[Page 18365]]

recovery in the final recovery plan (Service, in prep.) were not 
designated because those portions fell outside the proposed critical 
habitat. Under the Act and the Administrative Procedure Act (5 U.S.C. 
702 & 706), we are required to allow the public an opportunity to 
comment on the proposed rulemaking. Therefore, we are unable to include 
this area in the final rule. This critical habitat similarly contains 
two subunits, the Brown Canyon subunit and the Temecula/Murrieta/Oak 
Grove subunit. All lands within this critical habitat unit (i.e., both 
subunits) are considered to be occupied by the Quino checkerspot 
butterfly.
    Unit 2 includes approximately 3,955 ha (9,775 ac) of Federal lands; 
an estimated 525 ha (1,300 ac) of lands within the Cahuilla Band of 
Mission Indians' Reservation, just north of the Silverado Ranch 
mitigation bank; approximately 2,150 ha (5,310 ac) of lands under State 
or local jurisdictional ownership; and an estimated 28,150 ha (69,565 
ac) of lands in private ownership. We discuss the relationship of 
designated critical habitat for the Quino checkerspot butterfly to the 
inclusion of lands within the Cahuilla Band of Mission Indians' 
Reservation below (see the section ``Government-to-Government 
Relationship With Tribes'').
    The Brown Canyon subunit encompasses approximately 4,915 ha (12,140 
ac) of land east-southeast of the town of Hemet in Riverside County. 
This subunit contains the Brown Canyon occurrence complex, a persistent 
population identified as essential in the recovery plan (Service, in 
prep.). Because it is not proximal to other occurrence complexes in 
Unit 2, and may lack landscape connectivity with the main Temecula/
Murrieta/Oak Grove subunit, this subunit has been defined using the 4.8 
km (3 mi) dispersal radius to maintain a critical mass of habitat 
(refer to the Criteria Used To Identify Critical Habitat section of 
this final rule). The Brown Canyon occurrence complex is the 
northeastern-most complex within the current range of the butterfly, 
and is contiguous with the last remaining undeveloped landscape 
corridor to the northern portion of its former range. If the species is 
undergoing a northern range shift, as hypothesized (Parmesan 1996 as 
discussed in the draft recovery plan, Service 2001), this occurrence 
complex potentially represents the only remaining route for northern 
expansion of the species. Further, the resiliency of this population 
has not likely been compromised by habitat impacts associated with 
development and recreational use due to the insulation provided by 
surrounding hilly terrain and publicly owned lands.
    The Temecula/Murrieta/Oak Grove subunit encompasses approximately 
29,865 ha (73,810 ac) in southwest Riverside County. This unit 
stretches east from Interstate 215 near the towns of Murrieta and 
Temecula to the mountains and desert edge, north to near the town of 
Hemet in Riverside County, and south to Oak Grove Valley in San Diego 
County.
    Recent observations have been recorded throughout the Temecula/
Murrieta/Oak Grove subunit, indicating a degree of landscape 
connectivity throughout, especially in the less-urbanized eastern 
areas. Several large occurrence complexes are found within the subunit 
in the vicinity of Warm Springs Creek near the town of Murrieta, in the 
vicinity of Lake Skinner within the proposed Southwest Riverside County 
Multiple Species Reserve, and on BLM and pre-approved mitigation lands 
at Oak Mountain, near Wilson Valley, and south of the Cahuilla Band of 
Mission Indians' Reservation. The easternmost Quino checkerspot 
butterfly population is a recent extension of the known geographic and 
elevational range for the species (Pratt et al., submitted). A new 
primary host plant for the species, white snapdragon, was documented in 
this area in 2001 and represents a vital element of habitat 
heterogeneity in the species' range. The Bautista Road occurrence 
complex (northeast of the town of Anza in Riverside County) occurs at 
the periphery of the known regional butterfly distribution within the 
recovery unit and outside of critical habitat. However, this occurrence 
complex is not included in designated critical habitat because it was 
first documented in 2001 following the publication of the proposal and 
we do not currently have sufficient information concerning habitat 
within the complex and landscape connectivity to other complexes to 
determine that it is essential to the conservation of the species.
Unit 3: Otay Unit
    Unit 3 encompasses approximately 26,075 ha (64,430 ac) within the 
southwestern portion of San Diego County. Land ownership for this unit 
includes approximately 9,440 ha (23,330 ac) of Federal land, including 
180 ha (450 ac) of the Naval Space Surveillance Station managed by the 
DOD and lands within the San Diego National Wildlife Refuge (SDNWR) 
Otay-Sweetwater Unit; approximately 3,620 ha (8,945 ac) under State or 
local jurisdictional ownership; and approximately 13,015 ha (32,155 ac) 
that are privately owned. All lands within this critical habitat unit 
are considered to be occupied by the Quino checkerspot butterfly.
    Lands encompassed by this unit stretch south from the San Diego 
National Wildlife Refuge (SDNWR) Otay-Sweetwater Unit and State Route 
94 to the international border with Mexico, west along Otay River 
Valley and the northern rim of Otay Mesa, and east to the town of 
Tecate. Unit 3 supports all or part of 12 of the 13 occurrence 
complexes identified in the final recovery plan (Service, in prep.) as 
important to recovery in southwestern San Diego County. Mapped portions 
of some of the complexes identified as important to recovery in the 
final recovery plan (Service, in prep.) were not designated because 
those portions fell outside the proposed critical habitat.
    Recent Quino checkerspot butterfly observations are concentrated in 
lower elevation areas surrounding east Otay Valley, Otay Mountain, the 
Jamul Mountains, and San Miguel Mountain. The Otay Lakes area 
historically supported large populations that extended south to Otay 
Mesa and across the international border (White and Levin 1981, Murphy 
and White 1984). The western portion of this unit contains the only 
known occupied habitat with a marine climate influence, an 
environmental factor prevalent throughout most of the species' historic 
range and thought to be beneficial to population resilience because it 
provides climatic stability and higher average humidity, minimizing 
host plant susceptibility to drought (Service, in prep.). The Otay area 
west of the mountain, therefore, represents a vital element of habitat 
heterogeneity within the species' range.
    The Dulzura Occurrence Complex was documented during the 2001 
flight season outside of proposed critical habitat. Based on an initial 
analysis during the ongoing amendment process for the MSCP in late 
2001, we determined that this occurrence complex is essential to the 
conservation of the Quino checkerspot butterfly. Under the Act and the 
Administrative Procedure Act (5 U.S.C. 702 & 706), we are required to 
allow the public an opportunity to comment on the proposed rulemaking. 
Therefore, because the Dulzura Occurrence Complex was not in the 
proposed rule we are unable to include this area in the final rule. Due 
to the short court-ordered schedule for completing this designation and 
budgetary constraints, we are unable to re-propose critical habitat at 
this time.

[[Page 18366]]

    It is important to note that the land that supports the Dulzura 
occurrence complex does not appear to be threatened by actions that may 
negatively affect the butterfly or its habitat. The land that supports 
this new occurrence complex is primarily in a designated wilderness 
area owned and managed by the BLM. Because of regulations governing 
designated wilderness areas (e.g., minimizing development and off-road 
impacts), habitat essential to the Quino checkerspot butterfly is 
unlikely to be impacted by such threats. We will continue to work 
closely with BLM concerning the protection and management of the Quino 
checkerspot butterfly in this area. Further, as indicated, the 
occurrence complex is being considered in the current amendment process 
to the MSCP. If amended, the MSCP will provide for additional 
protections and management for the Quino checkerspot butterfly and its 
habitat. Furthermore, because the area is occupied by the butterfly, 
any actions that have a Federal nexus and may affect the butterfly will 
require consultation under section 7 of the Act.
Unit 4: Jacumba Unit
    Unit 4 encompasses approximately 2,820 ha (9,970 ac) of land in 
southeastern San Diego County south of Interstate 8 in the vicinity of 
the town of Jacumba. This critical habitat unit supports the Jacumba 
occurrence complex identified as important to recovery in the recovery 
plan. Land ownership for this unit includes approximately 154 ha (380 
ac) of Federal land, approximately 180 ha (450 ac) under State or local 
jurisdictional ownership, and approximately 2,485 ha (6,145 ac) under 
private ownership. All lands within this critical habitat unit are 
considered to be occupied by the Quino checkerspot butterfly.
    The Jacumba occurrence complex occurs within the Southeast San 
Diego Recovery Unit described in the recovery plan (Service, in prep.). 
This apparently isolated population center occurs in a unique high-
desert region of juniper woodlands, which provides a vital element of 
habitat heterogeneity in the species' range. Recent Quino checkerspot 
butterfly observations are concentrated northwest of the community of 
Jacumba in Anza Borrego Desert State Park and private lands. The 
metapopulation distribution likely extends south across the 
international border. Occupancy has been documented approximately 6 km 
(3.7 mi) to the south in El Condor (Baja California, Mexico) and the 
U.S. occurrence complex may belong to the same metapopulation.

Effects of Critical Habitat Designation

Section 7  Consultation
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat. Destruction or 
adverse modification occurs when a Federal action directly or 
indirectly alters critical habitat to the extent it appreciably 
diminishes the value of critical habitat for the conservation of the 
species. Individuals, organizations, States, local governments, and 
other non-Federal entities are affected by the designation of critical 
habitat only if their actions occur on Federal lands, require a Federal 
permit, license, or other authorization, or involve Federal funding.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened, and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with us on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. Conference reports 
provide conservation recommendations to assist the agency in 
eliminating conflicts that may be caused by the proposed action. The 
conservation recommendations in a conference report are advisory.
    We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species was 
listed or critical habitat was designated. We may adopt the formal 
conference report as the biological opinion when the species is listed 
or critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that actions 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, the 
Federal action agency would ensure that the permitted actions do not 
destroy or adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we would also provide reasonable and prudent alternatives to 
the project, if any are identifiable. Reasonable and prudent 
alternatives are defined at 50 CFR 402.02 as alternative actions 
identified during consultation that can be implemented in a manner 
consistent with the intended purpose of the action, that are consistent 
with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation with us on actions for which formal consultation has been 
completed if those actions may affect designated critical habitat.
    Activities on Federal lands that may affect the Quino checkerspot 
butterfly or its critical habitat will require section 7 consultation. 
Activities on private or State lands requiring a permit from a Federal 
agency, such as a permit from the U.S. Army Corps of Engineers (Corps) 
under section 404 of the Clean Water Act, or some other Federal action, 
including funding (e.g., from the Federal Highway Administration, 
Federal Aviation Administration, Federal Emergency Management Agency, 
or Natural Resources Conservation Service) will also continue to be 
subject to the section 7 consultation process. Federal actions not 
affecting listed species or critical habitat and actions on non-Federal 
lands that are not federally funded or permitted do not require section 
7 consultation.
    Section 4(b)(8) of the Act requires us to evaluate briefly in any 
proposed or final regulation that designates critical

[[Page 18367]]

habitat those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. 
Activities that may result in the destruction or adverse modification 
of critical habitat include those that alter the primary constituent 
elements to an extent that the value of critical habitat for the 
survival and recovery of the Quino checkerspot butterfly is appreciably 
reduced. We note that such activities also may jeopardize the continued 
existence of the species.
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 prohibits actions funded, 
authorized, or carried out by Federal agencies from jeopardizing the 
continued existence of a listed species or destroying or adversely 
modifying the listed species' critical habitat.
    Actions likely to result in the destruction or adverse modification 
of critical habitat would almost always result in jeopardy to the 
species concerned, particularly when the area affected by the proposed 
action is occupied by the species concerned. In those cases, critical 
habitat provides little additional protection to a species, and the 
ramifications of its designation are few or none. However, critical 
habitat designation in unoccupied areas may trigger consultation under 
section 7 of the Act where it would not have otherwise occurred if 
critical habitat had not been designated.
    Federal agencies already consult with us on activities in areas 
currently occupied by the species to ensure that their actions do not 
jeopardize the continued existence of the species. These actions 
include, but are not limited to:
    (1) Regulation of activities affecting waters of the United States, 
including vernal pool and other Quino checkerspot butterfly habitat 
areas in watersheds, by the Corps under section 404 of the Clean Water 
Act;
    (2) Regulation of grazing, mining, and recreation by the BLM, 
Forest Service or the Service;
    (3) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities on Federal land by BLM, 
Forest Service, DOD, and the Service;
    (4) Regulation of airport improvement activities by the Federal 
Aviation Administration jurisdiction;
    (5) Construction of roads and fences along the International Border 
with Mexico and immigration enforcement activities by the Immigration 
and Naturalization Service/Border Patrol that take place in Quino 
checkerspot butterfly habitat;
    (6) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency;
    (7) Construction of communication sites licensed by the Federal 
Communications Commission;
    (8) Activities funded by the U. S. Environmental Protection Agency, 
Department of Energy, or any other Federal agency; and
    (9) Construction of fire breaks by the BLM, Forest Service, 
Service, or other Federal agencies for the maintenance or control of 
fire management and suppression activities.
    Federal agencies already consult with us on activities in areas 
currently occupied by the species, or if the species may be affected by 
the action, to ensure that their actions do not jeopardize the 
continued existence of the species. In the area designated as critical 
habitat that is currently not known to be occupied by the Quino 
checkerspot butterfly, we already consult on other listed species, 
including the coastal California gnatcatcher (Polioptila californica 
californica) and the Stephens' kangaroo rat (Dipodomys stephensi), and 
have designated critical habitat. Thus, we do not anticipate a 
significant additional regulatory burden will result from the 
designation of critical habitat for the Quino checkerspot butterfly.
    If you have questions regarding whether specific activities will 
constitute adverse modification of critical habitat, contact the Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES section). 
Requests for copies of the regulations on listed wildlife, and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Branch of Endangered Species, 911 N.E. 11th 
Avenue, Portland, Oregon 97232 (telephone 503/231-6131; facsimile 503/
231-6243).
Exclusions Under Section 4(b)(2)
    Subsection 4(b)(2) of the Act allows us to exclude areas from 
critical habitat designation where the benefits of exclusion outweigh 
the benefits of designation, provided such exclusion will not result in 
the extinction of the species. For the following reasons, we believe 
that in most instances, the benefits of excluding legally operative 
HCPs, for which the Quino checkerspot butterfly is a covered species 
and take has been authorized, from critical habitat designations will 
outweigh the benefits of including them.
1. Benefits of Inclusion
    The benefits of including HCP lands in critical habitat are 
normally small. The principal benefit of any designated critical 
habitat is that activities that may affect such habitat require 
consultation under section 7 of the Act. Such consultation would ensure 
that adequate protection is provided to avoid adverse modification of 
critical habitat. Where HCPs are in place, our experience indicates 
that this benefit is small or non-existent. Currently approved and 
permitted HCPs are already designed to ensure the long term survival of 
covered species within the plan area. Where we have an approved HCP, 
lands that we ordinarily would define as critical habitat for the 
covered species will normally be protected in reserves and other 
conservation lands by the terms of the HCPs and their implementing 
agreements. These HCPs and Implementing Agreements (IAs) include 
management measures and protections for conservation lands that are 
crafted to protect, restore, and enhance their value as habitat for 
covered species.
    In addition, an HCP application itself requires consultation under 
section 7 of the Act. As part of this process, we are required to 
evaluate the issuance of incidental take permits for a proposed action 
to ensure that the action as proposed would not jeopardize the 
continued existence of the species covered under the HCP or result in 
the destruction or adverse modification of designated critical habitat. 
Because HCPs, particularly large regional HCPs, address land use within 
the plan boundaries, habitat issues will have been thoroughly addressed 
in the HCP and through consultation on the HCP. Our experience is also 
that, under most circumstances, consultations under the jeopardy 
standard will achieve the same result as consultations under the 
adverse modification standard.
    Further, HCPs typically provide greater conservation benefits to a 
covered species than section 7 consultations because HCPs assure the 
long term protection and management of a covered species and its 
habitat, and funding for such management, through the standards found 
in the joint Service and National Marine Fisheries Service HCP 
Handbook, 5-Point Addendum to the HCP Handbook (64 FR 35242), and the 
HCP No Surprises regulation (63 FR 8859). Such assurances are typically 
not provided by section 7 consultations which, in contrast to HCPs, 
often do not commit the project proponent to implementing long-term 
special management or protections. Thus, a

[[Page 18368]]

consultation typically does not accord the lands it covers the 
extensive benefits an HCP provides.
    The development and implementation of HCPs provide other important 
conservation benefits, including the collection and development of 
additional biological information to guide conservation efforts and 
assist in species recovery, and the creation of innovative solutions to 
conserve species while allowing for development. The educational 
benefits of critical habitat, including informing the public of areas 
that are important for the long-term survival and conservation of the 
species, are essentially the same as those that would occur from the 
public notice and comment procedures required to establish an HCP, as 
well as the public participation that occurs in the development of many 
regional HCPs. For these reasons, we believe that designation of 
critical habitat has little benefit in areas covered by approved and 
legally operative HCPs.
2. Benefits of Exclusion
    The benefits of excluding HCPs from designation as critical habitat 
may be more significant than the benefits of including HCPs in critical 
habitat. Benefits include relieving landowners, communities, and 
counties of any additional minor regulatory review that might be 
imposed by critical habitat. Many HCPs, particularly regional HCPs, 
take many years to develop and, upon completion, become regional 
conservation plans that are consistent with the recovery of covered 
species. Most regional plans benefit many species, both listed and 
unlisted. Imposing additional regulatory review after HCP completion 
may jeopardize conservation efforts and partnerships in many areas, and 
could be viewed as a disincentive to those developing HCPs. Excluding 
HCPs provides us with an opportunity to streamline regulatory 
compliance and confirm regulatory assurances for HCP participants.
    A related benefit of excluding HCPs is that it would encourage the 
continued development of partnerships with HCP participants, including 
States, local governments, conservation organizations, and private 
landowners, that together can implement conservation actions we would 
be unable to accomplish alone. By excluding areas covered by HCPs from 
critical habitat designation, we preserve these partnerships and, we 
believe, set the stage for more effective conservation actions in the 
future.
    In general, then, we believe the benefits of critical habitat 
designation to be small in areas covered by approved and legally 
operative HCPs. We also believe that the benefits of excluding HCPs 
from designation are significant. Weighing the small benefits of 
inclusion against the benefits of exclusion, including the benefits of 
relieving property owners of an additional layer of approvals and 
regulation, together with the encouragement of conservation 
partnerships, would generally result in HCPs being excluded from 
critical habitat designation under section 4(b)(2) of the Act.
    Not all HCPs are alike with regard to species coverage and design. 
Within this general analytical framework, we need to evaluate completed 
and legally operative HCPs in which the Quino checkerspot butterfly is 
a covered species on a case-by-case basis to determine whether the 
benefits of excluding these particular areas outweigh the benefits of 
including them.

Relationship to Habitat Conservation Plans

    Section 4(b)(2) of the Act allows us broad discretion to exclude 
from critical habitat designation areas where the benefits of exclusion 
outweigh the benefits of designation, provided the exclusion will not 
result in the extinction of the species. We expect that critical 
habitat may be used as a tool to identify those areas essential for the 
conservation of the species, and we encourage development of HCPs for 
such areas on non-Federal lands. HCPs currently under development are 
intended to provide for protection and management of habitat areas 
essential for the conservation of the Quino checkerspot butterfly, 
while directing development and habitat modification to nonessential 
areas of lower habitat value.
    Only HCPs within the boundaries of designated critical habitat 
units are discussed here. Those approved and legally operative HCPs 
that provide coverage and incidental take approval for the Quino 
checkerspot butterfly have been excluded from this designation. These 
include the Assessment District 161 Subregional HCP, the Rancho Bella 
Vista HCP, and the Lake Mathews MSHCP in Riverside County that provide 
coverage and incidental take authorization for the Quino checkerspot 
butterfly.
    The Riverside County Assessment District 161 Subregional HCP, which 
authorizes take of the Quino checkerspot butterfly, has been completed 
and approved. This HCP includes protection measures for Quino 
checkerspot butterfly habitat, habitat restoration research, 
educational outreach, and captive propagation. The Rancho Bella Vista 
HCP also occurs within the Riverside County Assessment District 161, 
but an independent HCP was approved for this project. Although no Quino 
checkerspot butterflies have been observed within the project 
boundaries, the butterfly is known from adjacent occupied habitat 
patches and is covered by the Rancho Bella Vista HCP. This HCP provides 
for conservation of the Quino checkerspot butterfly through monitoring 
of this species, habitat and dispersal corridor preservation and 
management, and habitat restoration and enhancement.
    The Lake Mathews MSHCP has been completed and approved by the 
California Department of Fish and Game (CDFG) and the Service. As 
explained below in the Summary of Comments section and the 
Recommendations and Summary of Changes from the Proposed Rule section, 
this HCP and accompanying section 10(a)(1)(B) permits provide for 
conservation and management of Quino checkerspot butterfly habitat and 
take authorization for the butterfly. Although the Quino checkerspot 
butterfly has not been recently observed (since 1982) within reserve 
boundaries, dozens of butterflies were documented within the reserve 
during the 1981 and 1982 adult butterfly flight seasons.
    The benefits of excluding lands covered by these HCPs would be 
significant in preserving positive relationships with our conservation 
partners, lessening potential additional regulatory review and 
potential economic burdens, reinforcing the regulatory assurances 
provided for in implementation agreements for approved HCPs, and 
providing for more established and cooperative partnerships for future 
conservation efforts.
    In summary, excluding lands covered by HCPs in critical habitat 
designations outweigh the benefits of including lands covered by HCPs. 
Furthermore, we have determined in section 7 consultations on these 
approved HCPs that they would not jeopardize the continued existence of 
the Quino checkerspot butterfly, which means that they will not 
appreciably reduce likelihood of the survival and recovery of the 
species. Consequently, excluding these lands from the critical habitat 
designation will not result in the extinction of the species. 
Therefore, these lands have not been designated as critical habitat for 
the species.
    Currently, there are several HCPs within the boundaries of 
designated critical habitat that are now under development or being 
amended to provide protection for the Quino

[[Page 18369]]

checkerspot butterfly and its habitat. These include the County of San 
Diego's Multiple Species Conservation Program (MSCP) Subarea Plan, the 
North San Diego County Subarea of the San Diego MSCP, and the Western 
Riverside MSHCP. These are discussed in more detail below.
    The San Diego MSCP encompasses approximately 236,000 ha (582,000 
ac) of southwestern San Diego County, and involves multiple 
jurisdictions. Approximately 69,600 ha (172,000 ac) are targeted to be 
conserved. We approved the overall MSCP and the City of San Diego's 
Subarea Plan in July 1997. The City of Poway's plan was approved in 
1996; the County of San Diego's in 1998; San Diego Gas and Electric's 
in 1995; and the City of La Mesa's in 2000. Other jurisdictions, 
including the City of Chula Vista, are expected to complete their 
subarea planning processes in the near future. The Quino checkerspot 
butterfly is not a covered species for any of the approved subarea 
plans under the MSCP; therefore we are including areas essential to the 
conservation of the species that are covered by these subarea plans in 
designated critical habitat. However, both the County of San Diego and 
San Diego Gas and Electric are developing amendments to their permits 
to gain coverage for the Quino checkerspot butterfly, and the City of 
Chula Vista has included the Quino Checkerspot butterfly on its target 
list of species for coverage.
    The Quino checkerspot butterfly is also a target species for the 
North San Diego County Subarea (Subarea) of the MSCP currently under 
development. This Subarea encompasses the area north of the MSCP 
planning areas and unincorporated lands east of the existing Multiple 
Habitat Conservation Program (another regional HCP currently being 
developed for northern San Diego County). Because the Quino checkerspot 
butterfly is not yet a covered species, we are including appropriate 
areas of this Subarea of the MSCP in this critical habitat designation.
    The Western Riverside MSHCP was initiated by the County of 
Riverside on October 8, 1998. The planning area encompasses 530,000 ha 
(1.3 million ac) and is proposed to include conservation measures for 
over 100 species, including the Quino checkerspot butterfly. Currently, 
12 cities within the western portion of Riverside County have endorsed, 
and will participate in, this planning effort. A draft Western 
Riverside MSHCP is proposed to be released for public review in 2002. 
Because this HCP is not yet completed, we are including lands within 
the planning area in this critical habitat designation.
    Habitat conservation plans currently under development or being 
amended are intended to provide for the protection and management of 
habitat areas essential to the conservation of the Quino checkerspot 
butterfly, while directing development and habitat modification to 
nonessential areas of lower habitat value. The HCP development process 
provides an opportunity for additional data collection and analysis 
regarding the use of particular habitat areas by the Quino checkerspot 
butterfly. The HCP process also enables us to conduct detailed 
evaluations of the importance of such lands to the long term survival 
of the species in the context of constructing a biologically configured 
system of linked habitat blocks. We fully expect that HCPs undertaken 
by local jurisdictions (e.g., counties, cities) and other parties will 
identify, protect, and provide appropriate management for those 
specific lands within the boundaries of the plans that are essential 
for the long term conservation of the species. We fully expect that our 
analyses of proposed HCPs will show that covered activities carried out 
in accordance with the provisions of the HCPs and accompanying section 
7 biological opinions will not result in destruction or adverse 
modification of critical habitat.
    We will provide technical assistance and work closely with 
applicants throughout the development of future HCPs to identify 
appropriate conservation and management actions. The take minimization 
and mitigation measures provided under these HCPs are expected to 
protect the essential habitat lands designated as critical habitat in 
this rule and provide for the conservation of the covered species. If 
an HCP or HCP amendment that addresses the Quino checkerspot butterfly 
is ultimately approved, we will reassess the critical habitat 
boundaries in light of the HCP. If, consistent with available funding 
and program priorities, we elect to revise this designation, we will do 
so through a subsequent rulemaking.
    Should additional information become available that changes our 
analysis of the benefits of excluding any of these (or other) areas 
compared to the benefits of including them in the critical habitat 
designation, we may revise the designation. If, consistent with 
available funding and program priorities, we elect to revise this 
designation, we will do so through a subsequent rulemaking.

Summary of Comments and Recommendations

    In the February 7, 2001, proposed critical habitat designation (66 
FR 9476), we requested all interested parties submit comments on 
specifics of the proposal, including information related to biological 
justification, policy, treatment of HCPs, and proposed critical habitat 
boundaries. The first comment period closed on April 9, 2001. The 
comment period was reopened from June 20, 2001, to July 30, 2001 (66 FR 
33046), to allow for additional comments on the proposed designation, 
and comments on the draft economic analysis of the proposed 
designation. Comments received after the close of this latter comment 
period were determined not to provide substantive comment that had not 
already been raised or addressed and entered into the supportive record 
for this rulemaking.
    We contacted all appropriate State and Federal agencies, Tribes, 
county governments, elected officials, and other interested parties and 
invited them to comment. In addition, we invited public comment through 
the publication of notices in the following newspapers in southern 
California: San Diego Union Tribune and Riverside Press Enterprise on 
February 9, 2001, and again in both papers on June 20, 2001. In 
addition to inviting public comment on the proposed designation and the 
draft economic analysis for the proposed designation, the later notices 
announced the dates and times of public hearings on the proposed 
designation. These hearings were held on July 17, 2001, in Escondido, 
California from 1 p.m. to 3 p.m. and 6 p.m. to 8 p.m. Transcripts of 
these hearings are available for inspection (see ADDRESSES section).
    We requested five biologists, who have knowledge of the Quino 
checkerspot butterfly and its ecology, peer review the proposed 
critical habitat designation. None of the peer reviewers submitted 
comments on the proposed critical habitat designation.
    We received a total of 37 written comments during the two comment 
periods. Comments were received from 2 Federal agencies, 4 local 
agencies, and 22 separate private organizations or individuals. We 
reviewed all comments received for substantive issues and new 
information regarding critical habitat and the Quino checkerspot 
butterfly. Similar comments were grouped into three general issues 
relating specifically to the proposed critical habitat determination 
and draft economic analysis on the proposed determination. Comments 
were either incorporated directly into the final rule or final

[[Page 18370]]

addendum to the economic analysis or addressed in the following 
summary.
Issue 1: Biological Justification and Methodology
    1. Comment: Several commenters requested that we take into 
consideration data collected from the 2001 adult butterfly flight 
season, as the best available science, while developing the final 
designation of critical habitat.
    Our Response: As stated in several sections of this final 
designation, including the Methods and Summary of Changes from the 
Proposed Rule, we relied on data from the 2001 flight season to develop 
the boundaries of final critical habitat for the Quino checkerspot 
butterfly. Data from the 2001 flight season, for the most part, 
corroborated decisions made during the development of the proposed 
critical habitat, and identified several new areas of occupancy outside 
of lands defined in the proposal. These areas outside of the proposed 
critical habitat, in which the Quino checkerspot butterfly was 
documented for the first time in 2001, have not been included in the 
final designation for reasons discussed in the Critical Habitat section 
of this rule.
    2. Comment: The scale of proposed critical habitat for the Quino 
checkerspot butterfly is overly broad, resulting in vague unit 
boundaries. Several commenters questioned the biological justification 
for proposing critical habitat for the Quino checkerspot butterfly 
using such a landscape-scale approach when they believed that more 
precise information is available for use by the Service. Furthermore, 
several commenters voiced concern that their property was within 
proposed critical habitat boundaries for the Quino checkerspot 
butterfly even though their land contained no butterflies or primary 
constituent elements.
    Our Response: We recognize that not all parcels of land designated 
as critical habitat will contain the habitat components essential to 
the conservation of the Quino checkerspot butterfly. Due to time 
constraints, and the absence of more detailed map information during 
the preparation of the proposed and final designations, we used a 100-m 
UTM grid and reserve boundaries to describe the boundaries of critical 
habitat. Additionally, we have revised and refined our approach to 
mapping Quino checkerspot butterfly critical habitat. Some lands 
included in the proposed designation have not been included in this 
final designation. Based on our refined methodology, we included only 
those lands that we believe to be essential to the conservation of the 
Quino checkerspot butterfly in the final designation of critical 
habitat.
    In developing the final designation, we made an effort to minimize 
the inclusion of nonessential areas that do not contain the primary 
constituent elements for the butterfly. However, due to our mapping 
scale, some areas not essential to the conservation of the Quino 
checkerspot butterfly were included within the boundaries of final 
critical habitat. These areas, such as towns, housing developments, or 
other developed lands are unlikely to provide habitat for the 
butterfly. Because they do not contain one or more of the primary 
constituent elements for the species, Federal actions limited to those 
areas will not trigger a section 7 consultation, unless they affect the 
species or primary constituent elements in adjacent critical habitat.
    3. Comment: The descriptions of the primary constituent elements of 
critical habitat for the Quino checkerspot butterfly are vague.
    Our Response: The description of the primary constituent elements 
for the Quino checkerspot butterfly was based on the best available 
scientific and commercial data regarding the species, including a 
compilation of data from peer-reviewed published literature, 
unpublished or non-peer-reviewed survey and research reports, opinions 
of biologists knowledgeable about the Quino checkerspot butterfly and 
its habitat, and the draft recovery plan. We have updated the 
biological information, including the primary constituent elements, 
based on the 2001 adult butterfly flight season and refined their 
description in response to public comment. The primary constituent 
elements, as described in this final rule, represent our best estimate 
of what habitat components are essential for the conservation of the 
species. Please refer to the Primary Constituent Elements section of 
this final rule for a more detailed discussion of the primary 
constituent elements for the Quino checkerspot butterfly.
    4. Comment: The proposed rule inappropriately uses a ``recovery 
standard'' to determine critical habitat, resulting in the inclusion of 
large areas in which the Quino checkerspot butterfly is not known to 
occur or have occurred. The Service ignores the intent of Congress to 
designate only occupied areas and those areas essential to a species' 
conservation, and the Service has failed to determine if these 
unoccupied areas are essential to the Quino checkerspot butterfly.
    Our Response: The definition of critical habitat in section 3(5)(A) 
of the Act includes ``(i) 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.'' The term ``conservation,'' as defined in 
section 3(3) of the Act, means ``to use and the use of all methods and 
procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to the Act are no longer necessary.''
    The draft recovery plan (Service 2001) and the final recovery plan 
(Service, in prep.) detail efforts required to meet recovery needs of 
the Quino checkerspot butterfly, and provide a description of habitat 
attributes essential to the survival and recovery of the species. We 
did not include all areas currently occupied by butterfly, but 
designated those areas that possess core populations, have unique 
ecological characteristics, and/or represent the historic geographic 
areas where the species can be re-established. After weighing the best 
available information, including both the draft and final (Service, in 
prep.) versions of the recovery plan, we conclude that the areas 
designated by this final rule, including areas that are not known to be 
currently occupied, are essential for the recovery of the species and 
eventual removal from the List of Endangered and Threatened species.
    5. Comment: Several commenters were concerned with the methodology 
by which we defined areas that we believed to be occupied in the 
proposed designation of critical habitat.
    Our Response: In the proposed designation of critical habitat for 
the Quino checkerspot butterfly we used a 4.8 km (3 mi) radius from 
each occurrence to define occupancy and lands essential to the 
conservation of the butterfly. This distance was based on the maximum 
recolonization distance over a 10-year period of a peripheral (island) 
habitat patch from the core (mainland) patch documented in the Morgan 
Hill bay checkerspot metapopulation (Harrison et al. 1988). Following 
the proposal, we re-evaluated how we defined occupancy in those areas.
    For this final rule, we mapped known occurrences using a 1 km (0.6 
mi) dispersal distance around recent

[[Page 18371]]

butterfly observations. Occurrences within 2 km (1.2 mi) of each other, 
where the 1 km (0.6 mi) dispersal radii intersect, are considered part 
of the same occurrence complex. To map the critical habitat units for 
this final designation we connected the outer periphery of nearby 
occurrence complexes. The specific, final configuration around these 
complexes is based on local and regional habitat variability, final 
recovery plan (Service, in prep.) recommendations, and on-going 
restoration and re-establishment efforts for the butterfly that provide 
for viable Quino checkerspot butterfly metapopulations.
    6. Comment: Several commenters were concerned that we based much of 
our information pertaining to dispersal distance, and therefore, 
occupancy and critical habitat, on research done with a surrogate 
species, the bay checkerspot butterfly.
    Our Response: In the biological sciences, information is not always 
known concerning the biology, ecology, behavior, etc., of each plant or 
animal species. In cases when information is lacking on a species of 
interest, it has been a common practice of scientists to extrapolate 
trends, or other relevant data, from research that has been conducted 
on similar species. Because research on the Quino checkerspot butterfly 
is limited, much of data we use concerning biological and ecological 
trends, including behavior, has been extrapolated from research on 
other subspecies of Edith's checkerspot, especially the ecologically 
similar bay checkerspot butterfly.
    As discussed in the background section of this rule, researchers 
have spent over three decades conducting extensive focused research on 
Edith's checkerspot subspecies, in particular the federally listed bay 
checkerspot butterfly. While an extraordinary amount of information is 
available on Edith's checkerspot in general, specific information on 
the Quino checkerspot is sparse (Murphy and White 1984, Mattoni et al. 
1997, Osborne and Redak 2000), including only two formal ecological 
studies (White and Levin 1981, Osborne and Redak 2000). Therefore, much 
of the information on which we have based the recovery and management 
strategy for the Quino checkerspot butterfly, as discussed in the final 
recovery plan (Service, in prep.), and critical habitat designation 
comes from research on other subspecies of Edith's checkerspot. Because 
of the biological and ecological similarities between these two 
subspecies of Edith's checkerspot, including shared host plant species, 
a primarily coastal (historic) distribution, and similar within-patch 
dispersal behavior (Mattoni et al. 1997, White and Levin 1981), we are 
confident that the bay checkerspot is a reasonable surrogate species 
from which to extrapolate the results of research. We believe this is 
among the best scientific information available for designation of 
critical habitat for the Quino checkerspot butterfly.
Issue 2: Policy and Regulations
    7. Comment: Several commenters indicated that our reevaluation of 
the prudency of designating critical habitat for the Quino checkerspot 
butterfly was arbitrary.
    Our Response: In our final rule listing the Quino checkerspot as 
endangered under the Act (62 FR 2313), we found that designation of 
critical habitat was not prudent because we believed that designation 
could increase the degree of threats to the species and would not 
provide any benefit. As we discuss in the Previous Federal Action 
section of this final rule, we were challenged on our original not-
prudent finding. On February 16, 2000, we agreed to a stipulated 
settlement that required us to re-evaluate the existing not-prudent 
finding. The proposed rule detailed our reasons for determining that 
critical habitat is, in fact, prudent for the Quino checkerspot 
butterfly. We prepared this analysis in accordance with the Act and 
recent relevant case law regarding application of the ``not prudent'' 
exception to designating critical habitat.
    8. Comment: We did not provide for adequate public notice of the 
proposed rule and sufficient opportunity for public comment.
    Our Response: We published the proposed rule to designate critical 
habitat for the Quino checkerspot butterfly on February 7, 2001 (66 FR 
9476), and accepted comments from the public for 60 days, until April 
9, 2001. The comment period was reopened from June 20, 2001, to July 
30, 2001 (66 FR 33046), to allow for additional comments on the 
proposed designation, and comments on the draft economic analysis of 
the proposed critical habitat. Comments received following the close of 
the first comment period, but prior to the opening of the second 
comment period, were addressed and entered into the supportive record 
for this rulemaking as part of the second comment period.
    We contacted all appropriate State and Federal agencies, Tribes, 
county governments, elected officials, and other interested parties and 
invited them to comment. In addition, we invited public comment through 
the publication of notices in the following newspapers in southern 
California: San Diego Union Tribune and Riverside Press Enterprise on 
February 9, 2001, and again in both papers on June 20, 2001. We 
provided notification of the draft economic analysis through telephone 
calls, letters, and news releases faxed and/or mailed to affected 
elected officials, local jurisdictions, and interest groups. We also 
published the draft economic analysis and associated material on our 
Fish and Wildlife Office internet site following the draft's release on 
June 20, 2001. In addition to inviting public comment on the proposed 
designation and the draft economic analysis for the proposed 
designation, the later notices announced the dates and times of public 
hearings on the proposed designation. These hearings were held on July 
17, 2001, in Escondido, California from 1 to 3 p.m. and 6 to 8 p.m. 
Transcripts of these hearings are available for inspection (see 
ADDRESSES section).
    9. Comment: Several commenters indicated that we violated the 
Administrative Procedure Act because the proposal does not provide 
adequate description of the location of critical habitat units for 
impacted landowners, causing a burden to landowners who must determine 
which portions of their land contain critical habitat.
    Our Response: We identified specific areas in the proposed 
determination that are referenced by UTM coordinates, which are found 
on standard topographic maps. We also made available, during the public 
comment period at the Carlsbad Fish and Wildlife Office, a public 
viewing room where the proposed critical habitat units, superimposed on 
7.5 minute topographic maps, could be inspected. Furthermore, we 
distributed geographic data and maps of the proposed critical habitat 
to individuals, organizations, local jurisdictions, and State and 
Federal agencies that requested them. We believe the information made 
available to the public was sufficiently detailed to allow for 
determination of critical habitat boundaries. This final rule contains 
the legal descriptions of areas designated as critical habitat required 
under 50 CFR 424.12(c). The accompanying maps are for illustration 
purposes only. If additional clarification is necessary, contact the 
Carlsbad Fish and Wildlife Office (see ADDRESSES section).
    10. Comment: An Environmental Impact Statement, as defined under 
National Environmental Policy Act of 1969 (NEPA), should be written to 
address the potential significant impacts of the proposed designation 
of Quino checkerspot butterfly critical habitat.

[[Page 18372]]

    Our Response: We have determined that an Environmental Assessment 
and/or an Environmental Impact Statement, as defined under the 
authority of 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).
    11. Comment: The Bureau of Indian Affairs commented on behalf of 
the Cahuilla Band of Mission Indians requesting that the portion of 
their Reservation in Riverside County included in the proposed 
designation be excluded from the final designation based on the 
provision contained within Secretarial Order 3206.
    Our Response: As we discuss in the section on Government-to-
Government Relationship with Tribes of this final rule, the Secretarial 
Order 3206, ``American Indian Tribal Rights, Federal-Tribal Trust 
Responsibilities, and the Endangered Species Act'' (1997) provides that 
critical habitat should not be designated in an area that may impact 
Tribal trust resources unless it is determined to be essential to 
conserve a listed species. The Secretarial Order further states that in 
designating critical habitat, ``the Service shall evaluate and document 
the extent to which the conservation needs of a listed species can be 
achieved by limiting the designation to other lands.''
    In our proposed critical habitat rule, we indicated that 
approximately 4,405 ha (10,890 ac) of lands within the Cahuilla Band of 
Mission Indians' Reservation in western Riverside County were essential 
for the conservation of the Quino checkerspot butterfly. This 
determination was based on the close proximity of two butterfly 
occurrence complexes--the Silverado and Southwest Cahuilla complexes--
and the continuity of butterfly habitat adjacent to and along the 
southern portion of the Reservation. We are committed to developing a 
positive working relationship with the Tribe and will continue 
attempting to work with them to develop conservation measures for the 
butterfly. However, due to the time constraints for completing this 
final rule, we were required to finalize the designation based on our 
own analysis of the relative importance of the lands within the 
Cahuilla Band of Mission Indians' Reservation for the conservation of 
the Quino checkerspot butterfly.
    Additional information corroborating the distribution of the 
species, relative to the Reservation, became available following the 
publication of the critical habitat proposal. During the 2001 Quino 
adult flight season, an additional population of Quino checkerspot 
butterfly was identified in close proximity to the southern boundary of 
the Reservation. This occurrence complex has been labeled the Tule Peak 
complex. Consequently, based on data from the 1998 through the 2001 
flight seasons, there are an estimated 226 butterfly occurrences 
grouped into three occurrence complexes adjacent to the southern 
boundary of the Reservation. These complexes include the majority of 
documented Quino checkerspot butterflies in the eastern portion of 
western Riverside County and constitute one or more significant and 
substantial regional core populations of the species.
    Based on the proximity of these occurrence complexes to the 
Reservation and the apparent continuity of butterfly habitat from the 
complexes across much of the Reservation, we have determined that lands 
on the Reservation defined by the occurrence complexes that support the 
primary constituent elements for the Quino checkerspot butterfly are 
essential to the conservation of this species and are therefore 
designated as critical habitat. Based on the distribution and dispersal 
of the Quino checkerspot butterfly and our analysis of areas essential 
for the conservation of this species, we have reduced the area 
designated as critical habitat to 525 ha (1,300 ac) on the Cahuilla 
Band of Mission Indians' Reservation.
    12. Comment: Several commenters stated that critical habitat should 
be retained within the boundaries of approved HCPs covering the Quino 
checkerspot butterfly. They felt that HCPs cannot be viewed as a 
functional substitute for critical habitat designation, and the 
approved HCPs provided inadequate protection and special management 
considerations for the species and their habitat. Other commenters 
supported the exclusion of approved HCPs covering the Quino checkerspot 
butterfly from critical habitat designation, and several of these same 
commenters wanted pending HCPs to be excluded as well. They supported 
their recommendations by asserting that landowners will be reluctant to 
participate in HCPs unless they have incentives, including the removal 
of critical habitat from HCP boundaries.
    Our Response: We recognize that critical habitat is only one of 
many conservation tools for federally listed species. However, HCPs are 
one of the most important tools for reconciling land use with the 
conservation of listed species on non-Federal lands. Section 4(b)(2) of 
the Act allows us to exclude from critical habitat designation areas 
where the benefits of exclusion outweigh the benefits of designation, 
provided the exclusion will not result in the extinction of the 
species. We believe that in most instances the benefits of excluding 
HCPs from critical habitat designations will outweigh the benefits of 
including them. For this designation, we find that the benefits of 
exclusion outweigh the benefits of designation for all approved and 
legally operative HCPs in which the Quino checkerspot butterfly is a 
covered species, take of the butterfly is authorized under an 
incidental take permit, and the plan provides provisions for long-term 
conservation. These include the following HCPs in Riverside County: 
Assessment District 161 Subregional HCP, Rancho Bella Vista HCP, and 
the Lake Mathews MSHCP. There are no currently approved and legally 
operative HCPs in which the Quino checkerspot butterfly is a covered 
species in San Diego County. However, several are working on amendments 
to their HCPs that will provide coverage for the butterfly. These 
amendments are not yet complete.
    We anticipate that future HCPs in the range of the Quino 
checkerspot butterfly will include it as a covered species and provide 
for its long term conservation. We expect that HCPs undertaken by local 
jurisdictions (e.g., counties and cities) and other parties will 
identify, protect, and provide appropriate management for those 
specific lands within the boundaries of the plans that are essential 
for the long term conservation of the species. Section 10(a)(1)(B) of 
the Act states that HCPs must meet issuance criteria, including 
minimizing and mitigating any take of the listed species covered by the 
permit to the maximum extent practicable, and that the taking must not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild. We fully expect that our future analyses of HCPs 
and section 10(a)(1)(B) permits under section 7 will show that covered 
activities carried out in accordance with the provisions of the HCPs 
and section 10(a)(1)(B) permits will not result in the destruction or 
adverse modification of critical habitat designated for the Quino 
checkerspot butterfly. The take minimization and mitigation measures 
provided under these HCPs are expected to adequately protect the 
essential habitat lands designated as critical habitat in this rule, 
such that the value of these lands for the survival and recovery of the 
Quino checkerspot

[[Page 18373]]

butterfly is not appreciably diminished through direct or indirect 
alterations. If an HCP that addresses the Quino checkerspot butterfly 
as a covered species is ultimately approved, we will reassess the 
critical habitat boundaries in light of the HCP. If, consistent with 
available funding and program priorities, we elect to revise this 
designation, we will do so through a subsequent rulemaking.
    The designation of critical habitat should not deter participation 
in the NCCP or HCP processes. Approvals issued under these processes 
include assurances of no additional mitigation through the HCP No 
Surprises regulation (63 FR 8859). The development of new HCPs or NCCPs 
should not be affected by designation of critical habitat primarily 
because we view the standards of jeopardy for listed species and of 
adverse modification for critical habitat as being virtually identical. 
We discuss these standards in detail in the Section 7 Consultation 
section portion of this document.
    13. Comment: One commenter requested that the Lake Mathews MSHCP be 
removed from the final designation because it is an approved HCP that 
provides coverage for the Quino checkerspot butterfly.
    Our Response: As discussed in two sections of this final rule, 
Relationship To Habitat Conservation Plans and Summary of Changes from 
the Proposed Rule, we reviewed the approved HCP and accompanying 
Implementation Agreement. We found that the Lake Mathews MSHCP: (1) Is 
an approved and legally operative HCP in which the Quino is a covered 
species, (2) provides take authorization for the Quino checkerspot 
butterfly, and (3) provides special management considerations for and 
protection of Quino habitat. Consequently, we believe that the Lake 
Mathews MSHCP meets the criteria for exclusion under section 4(b)(2) of 
the Act and has therefore been excluded from final critical habitat for 
the Quino checkerspot butterfly.
    14. Comment: One commenter expressed concern over the inclusion of 
El Sobrante landfill HCP planning area in final critical habitat.
    Our Response: Portions of the El Sobrante landfill have been 
excluded from the final critical habitat designation because they do 
not contain habitat essential to the conservation of the Quino 
checkerspot butterfly. However, because the Quino checkerspot butterfly 
is not a covered species in the HCP, those lands within the HCP 
planning area that are believed to be essential to the conservation of 
the butterfly are included in final critical habitat.
    15. Comment: The Cleveland National Forest expressed concern over 
the inclusion of the Oak Grove fire station and other Forest Service 
facilities in proposed critical habitat.
    Our Response: As a result of using the configuration of occurrence 
complexes defined by 1 km (0.6 mi) around essential core butterfly 
populations to delineate lands essential to the conservation of the 
Quino checkerspot butterfly, the Oak Grove fire station and other 
Forest Service facilities are not included in this final designation of 
critical habitat.
    16. Comment: One of the members of the Quino checkerspot butterfly 
recovery team expressed concern over the exclusion of Spring Canyon and 
the majority of the West Otay Mesa occurrence complex from proposed 
critical habitat.
    Our Response: The West Otay Mesa occurrence complex was discovered 
during the 2001 adult butterfly flight season, after the publication of 
the proposed critical habitat. We evaluated this occurrence complex to 
determine if it was essential to the conservation of the butterfly and 
should be included in critical habitat through a re-proposal. 
Currently, we do not have sufficient information concerning this 
occurrence complex to determine that it is essential to the 
conservation of the Quino checkerspot butterfly. Therefore, based on 
available information, we have not included Spring Oak Canyon and 
portions of the West Mesa occurrence complex in designated critical 
habitat.
    17. Comment: Several commenters expressed concern that the proposed 
designation of critical habitat for the Quino checkerspot butterfly 
included areas with existing pipelines, aqueducts, and similar water 
exchange facilities. They believed that if these lands were designated 
as critical habitat, the maintenance of these facilities would be 
negatively affected. Therefore, they requested that these lands be 
excluded from critical habitat.
    Our Response: Existing pipelines and aqueducts generally lack the 
primary constituent elements for the Quino checkerspot butterfly. 
Facilities that remain within the boundaries of this final 
determination are considered to be critical habitat. Periodic 
maintenance of existing pipelines, roads, or aqueducts would not 
constitute an adverse effect to critical habitat when primary 
constituent elements are not affected. If maintenance activities would 
adversely affect primary constituent elements, and a Federal nexus 
existed, then a consultation pursuant to section 7 may be required.
    18. Comment: One commenter expressed concern over the use of 
Service files, in particular those of the Carlsbad Fish and Wildlife 
Office (CFWO), to extrapolate future consultations, project 
modifications, and re-initiate consultations based on consultation 
histories for the purpose of evaluating the potential economic effects 
of the designation. The commenter cited the findings of a recent 
Government Accounting Office report that indicated that files at the 
CFWO were unorganized, incomplete, and poorly managed.
    Our Response: As a result of the Government Accounting Office's 
review of the CFWO's files and the subsequent report indicating some 
weaknesses in file management, we have instituted an electronic file 
management system that has corrected many of the apparent weaknesses. 
Because the Quino checkerspot butterfly has only been listed since 1997 
and has been a highly scrutinized listed species, files and information 
relevant to the butterfly have been, and are, well organized, complete, 
and properly managed. Therefore, we, the Division of Economics, and 
Industrial Economics, Inc. have a high level of confidence in 
information extrapolated from those files. Additionally, as discussed 
in the draft economic analysis, estimates of costs attributable to 
future consultations and project modifications are averaged from data 
collected at Fish and Wildlife Offices across the country.
    19. Comment: Some landowners expressed concern that because their 
property was located within critical habitat for the Quino checkerspot 
butterfly they would be subject to additional constraints under the 
California Environmental Quality Act (CEQA).
    Our Response: According to 15065 (California Code of Regulations 
Title 14, Chapter 3) of CEQA guidelines, environmental impact reports 
are required by local lead agencies when, among other things, a project 
has the potential to ``reduce the number or restrict the range of an 
endangered, rare or threatened species.'' Though federally listed 
species are presumed to meet the CEQA definition of ``endangered, rare 
or threatened species'' under 15380 (California Code of Regulations 
Title 14, Chapter 3), no additional constraints should result from the 
designation of critical habitat beyond that now in place for all 
federally listed species, including the Quino checkerspot butterfly.

[[Page 18374]]

    20. Comment: Several commenters asserted that because more than 89 
percent of Quino checkerspot butterfly sightings through the 2000 adult 
flight season occurred within the preserve areas (MHPA) for the San 
Diego MSCP, critical habitat should be limited to the preserve areas. 
They further contended that lands outside of the MHPA are not 
necessary, nor essential, and therefore, should not be designated as 
critical habitat for the butterfly in the region.
    Our Response: While there may be considerable overlap between those 
areas we have designated as critical habitat and the boundaries of the 
MHPA and pre-approved mitigation areas, the MHPA and pre-approved 
mitigation areas were not originally drawn to take into consideration 
the conservation needs of the Quino checkerspot butterfly. We are now 
in the process of re-assessing the boundaries of the MHPA relative to 
the Quino checkerspot butterfly through the amendments to the MSCP for 
coverage of the butterfly to ensure that lands essential to the 
conservation of the butterfly are captured within the MHPA.
Issue 3: Economic Issues
    21. Comment: Several commenters expressed concern that the proposed 
rule was not accompanied by an economic analysis as required by law.
    Our Response: Pursuant to section 4(b)(2) of the Act, we are to 
evaluate, among other relevant factors, the potential economic effects 
of the designation of critical habitat for the Quino checkerspot 
butterfly. We published our proposed designation in the Federal 
Register on February 7, 2001 (66 FR 9476). At that time, our Division 
of Economics and their consultants, Industrial Economics, Inc., 
initiated the draft economic analysis. The draft economic analysis was 
made available for public comment and review beginning on June 30, 2001 
(66 FR 33046). Following a 30-day public comment period on the proposal 
and draft economic analysis, a final addendum to the economic analysis 
was proposed. Both the draft economic analysis and final addendum were 
used in the development of this final designation of critical habitat 
for the Quino checkerspot butterfly. Please refer to the Economic 
Analysis section of this final rule for a more detailed discussion of 
these documents.
    22. Comment: Several commenters were concerned that our economic 
analysis was incorrect to assume that a Regulatory Flexibility Analysis 
was not required or that we did not appropriately address potential 
economic effects of the designation.
    Our Response: The Regulatory Flexibility Act, as amended by the 
Small Business Regulatory Enforcement Fairness Act, generally requires 
an agency to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act, or any other statute, unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. We are certifying that this 
rule will, in fact, not have a significant economic impact on a 
substantial number of small entities and, as a result, we do not need 
to prepare either an initial or final regulatory flexibility analysis. 
Please refer to the Economic Analysis and Regulatory Flexibility Act 
sections of this rule for further discussions concerning the potential 
economic effects of this designation.
    23. Comment: Several commenters stated that we should have analyzed 
the cumulative effect of the critical habitat designation for the Quino 
checkerspot butterfly along with the effect of existing and proposed 
critical habitat for other species in the area.
    Our Response: The commenters appear to be using the term 
``cumulative impacts'' in the context of the National Environmental 
Policy Act. This is not appropriate in analyzing the effects of a 
regulation designating critical habitat for a listed species. We are 
required to consider only the effect of the proposed government action, 
which in this case is the designation of critical habitat for the Quino 
checkerspot butterfly. The appropriate baseline for use in this 
analysis is the regulatory environment without this regulation. Against 
this baseline, we attempt to identify and measure the incremental costs 
and benefits associated with this designation of critical habitat. When 
critical habitat for other species has already been designated, it is 
properly considered part of the baseline for this analysis. Proposed 
and future critical habitat designations for other species in the area 
will be part of separate rulemakings, and consequently, their economic 
effects will be considered separately.
    24. Comment: Several commenters expressed concern that the draft 
economic analysis failed to consider the effect the critical habitat 
designation for the Quino checkerspot butterfly would have on the 
demand for new housing and land values, and that the economic analysis 
ignores the impact of the designation on California's critical housing 
shortage.
    Our Response: We are aware that some of the land that we are 
designating as critical habitat for the Quino checkerspot butterfly 
faces significant development pressure. Development activities can have 
a significant effect on the land and the species dependent on the 
habitat being developed. We also recognize that many large-scale 
development projects are subject to some type of Federal nexus before 
work actually begins. As a result, we expect that future consultations 
will, in part, include planned and future real estate development.
    We included additional analysis of these impacts in the addendum to 
the economic analysis. Estimates of acres likely to become urbanized 
over ten years were derived from California Urban and Biodiversity 
Analysis (CURBA) model estimates. A sensitivity analysis of these 
figures found that changing the model results by 25 percent or less 
resulted in a very small change in the number of estimated 
consultations due to the designation. Planners at the San Diego 
Planning and Land Use Department, Land Use and Environment Group (LUEG) 
state that, in these areas, development pressure is primarily from 
large landowners requesting permits for residential developments 
(Planner, San Diego Department of Planning and Land Use, pers. comm., 
March 22, 2001). Thus, as a conservative estimate, this analysis 
assumes that all urbanized acres will be developed as residential 
housing projects. The low consultation estimate assumes that proposed 
projects will average 100 acres in size, and that 20 percent of 
proposed projects will have a Federal nexus and primary constituent 
elements (PCEs). These figures are based on historical evidence from 
Quino checkerspot surveys and estimates of typical project size by the 
Service and others. The high estimate assumes that proposed projects 
will average 75 acres in size, and that 80 percent of these projects 
will have a Federal nexus and PCEs. Thus, the high estimate is likely 
to represent an upper bound estimate of the number of likely future 
consultations. This calculation results in an estimate of approximately 
19 to 98 consultations on the Quino checkerspot over the next ten years 
regarding residential or light commercial development projects. Total 
costs for such consultations are estimated to be approximately $190,000 
to $1,587,000. As noted in the draft economic analysis, project 
modifications are assumed to include the following project 
modifications: Habitat mitigation, captive breeding programs (0 to 50 
percent of consultations), biological monitor present, pre-construction

[[Page 18375]]

surveys, signage, no night lighting, and construction season limits. 
Total costs of project modifications are estimated at $3.9 to $38.1 
million.
    However, we believe that these resulting consultations will not 
take place solely with respect to critical habitat issues. While it is 
true that development activities can adversely affect designated 
critical habitat, we believe that our future consultations regarding 
new housing development will take place because such actions have the 
potential to adversely affect a federally listed species. We believe 
that such planned projects would require a section 7 consultation or a 
section 10 permit regardless of the critical habitat designation 
because areas other than those covered by the reserve are occupied by 
the butterfly or other federally listed species, including the coastal 
California gnatcatcher (Polioptila californica californica), Stephens' 
kangaroo rat (Dipodomys stephensi), Munz' onion (Allium munzii), least 
Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher 
(Empidonax traillii extimus), and arroyo toad (Bufo californicus). As 
we have previously mentioned, section 7 of the Act requires Federal 
agencies to consult with us whenever actions they fund, authorize, or 
carry out may affect a listed species or adversely modify its critical 
habitat.
    25. Comment: Some commenters felt that the economic analysis is 
flawed because it is based on the premise that we have proposed 
designating only occupied habitat as critical habitat.
    Our Response: The determination of whether or not proposed critical 
habitat is within the geographic range occupied by the Quino 
checkerspot butterfly is part of the biological decision-making process 
and lies beyond the scope of an economic analysis. Please refer to the 
Methods and Criteria Used To Define Critical Habitat Units sections of 
this rulemaking for a discussion of the decision-making process.
    26. Comment: The assumption that future section 7 consultations 
would not be subject to regulatory uncertainty and legal challenge, and 
that the designation of critical habitat will cause no impacts above 
and beyond those caused by listing the species is faulty, legally 
indefensible, and contrary to the Act. ``Adverse modification'' and 
``jeopardy'' are different, will result in different impacts, and 
should be analyzed as such in the economic analysis.
    Our Response: We agree with the commenter's assertion that 
``jeopardy'' and ``adverse modification'' represent different 
standards. However, the outcome of a consultation using one standard 
may be very similar to that of a consultation under the other. Section 
7 prohibits actions funded, authorized, or carried out by Federal 
agencies from jeopardizing the continued existence of a listed species 
or destroying or adversely modifying the listed species' critical 
habitat. Actions likely to ``jeopardize the continued existence'' of a 
species are those that would appreciably reduce the likelihood of both 
the survival and recovery of a listed species. Actions likely to result 
in the destruction or adverse modification of critical habitat are 
those that would appreciably reduce the value of critical habitat for 
the recovery of the listed species. Common to both definitions is an 
appreciable detrimental effect on recovery of a listed species. Given 
the similarity of these definitions, actions likely to result in the 
destruction or adverse modification of critical habitat would almost 
always result in jeopardy to the species concerned, particularly where, 
as here, designation of critical habitat is primarily limited to 
habitat within the geographic range occupied by the Quino checkerspot 
butterfly.
    27. Comment: Several commenters stated that the assumptions in the 
draft economic analysis suggesting that the designation of critical 
habitat for the Quino checkerspot butterfly is not expected to result 
in significant restrictions in addition to those currently in place due 
to the butterfly being federally listed are flawed.
    Our Response: In the proposed rule and draft economic analysis, we 
indicated that we do not expect that the designation of critical 
habitat would provide significant additional regulatory or economic 
burdens or restrictions incremental to those afforded the species 
pursuant to the Act. This assertion is based on the regulatory 
protections afforded the butterfly and the fact that most of the lands 
(96.5 percent) designated as critical habitat are considered occupied 
by the species. Additionally, the lands which are not currently known 
to be occupied that are included in the designation because of future 
re-establishment efforts are within the Lake Mathews/Estelle Mountain 
Reserve in Unit 1. For additional information please refer to our draft 
economic analysis and final addendum to the economic analysis and the 
Regulatory Flexibility section of this final rule.
    28. Comment: Several commenters stated that the draft economic 
analysis only looked at ``current and planned'' land uses and ignored 
the designation's impact on future, not yet planned uses.
    Our Response: In our economic analysis, we attempted to estimate 
economic impacts that are reasonably certain to result from designation 
of critical habitat for the Quino checkerspot butterfly over a ten-year 
period. Consideration of unplanned and unforeseeable future costs and 
benefits would be purely speculative and would not add anything of 
appreciable value to the economic analysis of this rulemaking. For 
further information concerning our economic analysis and potential 
economic impacts resulting from the designation discussed therein, 
please refer to the Economic Analysis and Required Determinations 
sections of this final rule. Additional copies of the draft economic 
analysis and final addendum to the draft economic analysis are 
available from the Carlsbad Fish and Wildlife Office (refer to 
ADDRESSES section).
    29. Comment: Several commenters expressed concern over the fact 
that they did not believe that our draft economic analysis evaluated 
the potential economic effects of the designation consistently with the 
recent 10th Circuit Court ruling on the southwestern willow flycatcher 
critical habitat.
    Our Response: On May 11, 2001, the U.S. Court of Appeals in the 
Tenth Circuit issued a ruling that addressed the analytical approach 
used by the Service to estimate the economic impacts associated with 
the critical habitat designation for the southwestern willow 
flycatcher. Specifically, the court rejected the approach used by the 
Service to define and characterize baseline conditions. Defining the 
baseline is a critical step within an economic analysis, as the 
baseline in turn identifies the type and magnitude of incremental 
impacts that are attributed to the policy or change under scrutiny. In 
the flycatcher analysis, the Service defined baseline conditions to 
include the effects associated with the listing of the flycatcher and, 
as is typical of many regulatory analyses, proceeded to present only 
the incremental effects of the rule.
    The court's decision, in part, reflects the uniqueness of many of 
the more recent critical habitat rulemakings. The flycatcher was 
initially listed by the Service as an endangered species in 1995, 
several years prior to designating critical habitat. Once a species has 
been officially listed as endangered under the Act, it is afforded 
special protection under Federal law. In particular, it is illegal for 
any one to ``take'' a protected species once it is listed. ``Take'' is 
defined to mean harass, harm pursue, hunt, shoot, wound, kill, trap, 
capture, collect, or to attempt to engage in any such conduct. 
Implementing regulations

[[Page 18376]]

promulgated by the Service further define ``harm'' to mean ``* * * an 
act which actually kills or injures wildlife. Such an act may include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, or sheltering.''
    Because the southwestern willow flycatcher was initially listed as 
endangered by the Service in 1995, several years before the designation 
of critical habitat, the flycatcher, along with its habitat, already 
received considerable protection before the designation of critical 
habitat in 1997. As a result, the economic analysis concluded that the 
resulting impacts of the designation would be insignificant. This 
conclusion was based on the facts that: (1) The designation of critical 
habitat only requires the Federal government to consider whether their 
actions could adversely modify critical habitat; and (2) the Federal 
government already was required to consult on actions that may 
adversely affect the flycatcher and to ensure that its actions did not 
jeopardize the flycatcher.
    For a Federal action to adversely modify critical habitat the 
action would have to adversely affect the critical habitat's 
constituent elements or their management in a manner likely to 
appreciably diminish or preclude the role of that habitat in both the 
survival and recovery of the species. However, the Service defines 
jeopardy, which was a pre-existing condition prior to the designation 
of critical habitat, as to ``engage in an action that reasonably would 
be expected, directly or indirectly, to reduce appreciably the 
likelihood of both the survival and recovery of a listed species in the 
wild by reducing the reproduction, numbers, or distribution of that 
species.'' The ``survival and recovery'' standard is used in the 
definition of both terms and as a result, the additional protection 
afforded the flycatcher due to the designation of critical habitat was 
determined to be negligible.
    The court, however, considered why Congress would want an economic 
analysis performed by the Service when making a decision about 
designating critical habitat if, in fact, the designation of critical 
habitat adds no significant additional protection to a listed species. 
In the court's mind, ``(b)ecause (the) economic analysis done using the 
Service's baseline model is rendered essentially without meaning by 50 
CFR 402.02, we conclude Congress intended that the Service conduct a 
full analysis of all of the economic impacts of a critical habitat 
designation, regardless of whether those impacts are attributable co-
extensively to other causes.''
    Even though the court's ruling applies only to the designation of 
critical habitat for the southwestern willow flycatcher, this analysis 
attempts to comply with the court's instructions by revising the 
approach to defining baseline conditions within the areas of proposed 
critical habitat. This approach to baseline definition employed in the 
analysis of the designation of critical habitat for the Quino 
checkerspot butterfly is similar to that employed in previous 
approaches in that the goal is to understand the incremental effects of 
a designation. However, it does provide more extensive discussion of 
pre-existing baseline conditions than previous critical habitat 
economic analyses. Typical economic analyses concentrate mostly on 
identifying and measuring, to the extent feasible, economic effects 
most likely to occur because of the action being considered. Baseline 
conditions, while identified and discussed, are rarely characterized or 
measured in any detailed manner because, by definition, these 
conditions remain unaffected by the outcome of the decision being 
contemplated. While the goal of this analysis remains the same as 
previous critical habitat economic analyses, that is to identify and 
measure the estimated incremental effects of the proposed rulemaking, 
the information provided in this analysis concerning baseline 
conditions is more detailed than that presented in previous studies. 
The final addendum to this analysis provided further information 
concerning the baseline and potential incremental effects of the 
designation of critical habitat for the Quino checkerspot butterfly.

Summary of Changes From the Proposed Rule

    Based on a review of public comments received on the proposed 
determination of critical habitat and economic analysis for the Quino 
checkerspot butterfly, we reevaluated our proposed designation of 
critical habitat for this species. The primary changes include the 
following: (1) Revising the mapping using the distribution of 
occurrence complexes (based on 1 km (0.6 mi) radii of recent 
observations) known to be essential for viable Quino checkerspot 
butterfly populations in this final rule (except for the isolated 
populations at Jacumba, Brown Canyon, and Lake Mathews), instead of the 
4.8 km (3 mi) dispersal distance used in the proposal to define lands 
essential to the conservation of the butterfly (refer to the Criteria 
Used To Identify Critical Habitat section of this rule for a more 
detailed discussion of this revised methodology); (2) the removal of 
the Lake Mathews MSHCP in Riverside County that provides coverage and 
incidental take authorization for the Quino checkerspot butterfly; (3) 
the inclusion of occurrence data collected during the 2001 adult 
butterfly flight season; (4) removal of areas not known to be 
essential; and 5) refinements to provide consistency with the final 
recovery plan for the Quino checkerspot butterfly.
    The Lake Mathews MSHCP in Riverside County was included in proposed 
critical habitat for the Quino checkerspot butterfly because we believe 
the habitat is essential to the conservation of the butterfly. During 
the public comment period we received comments from the Metropolitan 
Water District of Southern California (MWD) concerning the inclusion of 
the Lake Mathews MSHCP in proposed critical habitat for the Quino 
checkerspot butterfly. They indicated that the butterfly was a covered 
species under the Lake Mathews MSHCP, and that it provided sufficient 
special management for the butterfly. Additionally, they indicated that 
there was conditional take authorization for Quino checkerspot 
butterflies. We subsequently reviewed the Lake Mathews MSHCP and its 
Implementation Agreement to determine whether the management afforded 
the butterfly through its provisions would be sufficient for 
consideration to be excluded from final critical habitat under section 
4(b)(2) of the Act. We found that the Lake Mathews MSHCP: (1) Is an 
approved and legally operative HCP in which the Quino checkerspot 
butterfly is a covered species, (2) provides take authorization for the 
Quino checkerspot butterfly, and (3) provides special management 
considerations for, and protections of, Quino checkerspot butterfly 
habitat. Consequently, we believe that the Lake Mathews MSHCP meets the 
criteria for exclusion under section 4(b)(2) of the Act. It has, 
therefore, been excluded from the final designation of critical habitat 
for the Quino checkerspot butterfly.
    The proposed critical habitat was published in February of 2001, 
prior to the start of the 2001 adult butterfly flight season. It was 
our intent to use the data collected during the 2001 flight season to 
develop the final critical habitat rule, so that the final designation 
was based on the best available scientific and commercial data. In 
fact, many of the comments we received from the public suggested that 
we take into consideration the 2001 data prior to

[[Page 18377]]

finalizing the rule. Therefore, we used the data from the 2001 flight 
season in developing our final designation of critical habitat for the 
Quino checkerspot butterfly.
    The data from the 2001 flight season, for the most part, 
corroborated decisions made during the development of the proposed 
critical habitat and provided additional information concerning the 
known occupancy of areas we believed to be essential to the 
conservation of the butterfly. Four new occurrence complexes were 
documented in Riverside County and seven in San Diego County. These new 
complexes occur primarily within the boundaries of areas we proposed as 
critical habitat. The locations of three new occurrence complexes are 
completely outside of our proposed critical habitat boundaries. We do 
not currently have sufficient information to determine if two of these 
complexes are essential to the conservation of the Quino checkerspot 
butterfly. However, one of the new occurrence complexes is believed to 
be essential to the conservation of the Quino checkerspot butterfly. 
This complex (the Dulzura Occurrence Complex) is located adjacent to 
the Otay Mesa Unit in a BLM designated wilderness area (please refer to 
the unit descriptions in the Critical Habitat section of this rule for 
a discussion of why this complex was not designated as critical 
habitat). As a result of the information pertaining to the new 
occurrence complexes, portions of Units 2 and 3, which were not 
previously known to be occupied by the Quino checkerspot butterfly, are 
now considered to be occupied.
    Additionally, based on the 2001 adult flight season data, public 
comments, and updated aerial photography, we reassessed the lands that 
we determined to be essential to the conservation of the butterfly 
during the development of the final designation. Based on this 
reevaluation, we made some significant changes to Units 1, 2, and 4 
which resulted in a reduction of 52,374 ha (129,405 ac) of land being 
designated as critical habitat for the Quino checkerspot.
    The primary changes to Unit 1 consisted of removing the Lake 
Mathews MSHCP (discussed above), reducing the habitat not known to be 
occupied to within the boundaries of the Estelle Mountain Reserve, and 
refining the Harford Springs subunit to exclude areas not known to be 
essential to the conservation of the butterfly. This resulted in a 
reduction of approximately 7,212 ha (17,830 ac) from Unit 1.
    The primary changes to Unit 2 consisted of: (1) Removing additional 
lands not known to be essential (e.g., urban and agricultural lands); 
(2) removing portions of the Assessment District 161 HCP, that were 
mistakenly included in the proposed designation; and (3) implementing 
the revised methodology based on the 1 km (0.6 mi) dispersal distance. 
This resulted in a reduction of critical habitat in the following 
areas: (1) West of Oak Mountain and Vail Lake, in the vicinity of Pauba 
Valley; (2) on the Cahuilla Indian Reservation; (3) northeast and 
southeast of the town of Oak Grove in San Diego County; and (4) south 
of the town of Hemet, southwest of Diamond Valley Reservoir, and 
northwest of the town of Anza (i.e., roughly between the towns of Sage 
and Hemet in Riverside County). These changes resulted in a reduction 
of approximately 35,457 ha (87,610 ac) lands being designated as 
critical habitat in Unit 2 from those that were proposed.
    The primary changes that occurred to Unit 3 were: (1) Removing Otay 
Lake, which was mistakenly included in the proposed designation; (2) 
removing nonessential lands on Otay Mountain, primarily Tecate cypress 
woodland; (3) removing lands not known to be essential northwest of the 
town of Tecate; and (4) implementing the revised methodology based on 
the 1 km (0.6 mi) dispersal distance. This resulted in a reduction 
approximately 3,253 ha (8,040 ac).
    The primary change to Unit 4 consists of removing lands not known 
to be essential north of Interstate 8 and east of the town of Jacumba, 
including associated active agricultural fields. This resulted in a 
reduction of 6,447 ha (15,930 ac) from this unit.
    Further, because the final recovery plan for the Quino checkerspot 
butterfly was drafted concurrently with the final designation of 
critical habitat, we wanted to ensure recommendations for the 
conservation of the Quino checkerspot butterfly were consistent. Based 
on the 2001 data, the habitat complexes were redefined and renamed 
occurrence complexes, and new biological information was acquired about 
host and nectar plants. We believed that it was important to capture 
this new information consistently in both documents. Therefore, the 
background section and unit descriptions in this rule have been updated 
to reflect the new information and are now consistent with the final 
recovery plan being developed.
    Additionally, based on the refinements to designated critical 
habitat discussed above, the amount of land in the designation that is 
currently not known to be occupied has been reduced from approximately 
18,416 ha (45,510 ac) to an estimated 2,450 ha (6,050 ac). As a result, 
96.5 percent of the designation is currently known to be occupied by 
the Quino checkerspot butterfly. The approximately 3.5 percent of the 
designation that is not currently known to be occupied is located with 
the Lake Mathews/Estelle Mountain Reserve in the Lake Mathews/Estelle 
Mountain Reserve subunit of Unit 1 in western Riverside County.

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial data 
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.
    Following the publication of the proposed critical habitat 
designation, a draft economic analysis was conducted to estimate the 
potential economic effect of the designation. The draft analysis was 
made publicly available for review on June 20, 2001 (66 FR 33046). We 
accepted comments on the draft analysis until July 30, 2001. 
Additionally, we held two public hearings on the proposed designation 
and the draft economic analysis on July 17, 2001, in Escondido, 
California.
    Our draft economic analysis evaluated the potential future effects 
associated with the listing of the Quino checkerspot butterfly as an 
endangered species under the Act, as well as any potential effect of 
the critical habitat designation above and beyond those regulatory and 
economic impacts associated with listing. To quantify the proportion of 
total potential economic impacts attributable to the critical habitat 
designation, the analysis evaluated a ``without critical habitat'' 
baseline and compared it to a ``with critical habitat'' scenario. The 
``without critical habitat'' baseline represented the current and 
expected economic activity under all modifications prior to the 
critical habitat designation, including protections afforded the 
species under Federal and State laws. The difference between the two 
scenarios measured the net change in economic activity attributable to 
the designation of critical habitat. The categories of potential costs 
considered in the analysis included the costs associated with: (1) 
Conducting section 7 consultations associated with

[[Page 18378]]

the listing or with the critical habitat, including incremental 
consultations and technical assistance; (2) modifications to projects, 
activities, or land uses resulting from the section 7 consultations; 
(3) uncertainty and public perceptions resulting from the designation 
of critical habitat; and (4) potential offsetting beneficial costs 
associated with critical habitat, including educational benefits.
    The majority of consultations resulting from the critical habitat 
designation for the Quino checkerspot butterfly are likely to address 
land development, road construction, or road expansion activities. The 
draft analysis estimated that over a 10-year period, the critical 
habitat designation would result in approximately 10 additional 
biological surveys, 21 to 40 additional formal consultations, and 3 re-
initiations of consultations that were previously initiated due to the 
presence of the butterfly. In addition, it was estimated that we would 
provide technical assistance for 180 inquiries regarding uncertainty 
about the presence or extent of critical habitat. Furthermore, many 
consultations would likely result in recommendations for project 
modifications. Based on our draft analysis, we concluded that the 
designation of critical habitat would not result in a significant 
economic impact and estimated that the potential economic effects over 
a 10-year period would range from $3.5 to $14.1 million.
    Following the close of the comment period on the draft economic 
analysis, a final addendum was completed which incorporated public 
comments on the draft analysis. The potential economic effects of the 
designation were reevaluated. Based on this new analysis, it was 
determined that there would be potential for additional consultations 
and assistance over and above the estimates projected in the draft 
analysis. Subsequently, the addendum concluded that the designation may 
result in potential economic effects ranging from between $5.4 and 
$19.9 million over a 10-year period. Because these values were believed 
to be relatively insignificant over the projected time period, the 
addendum concluded that no significant economic impacts were 
anticipated from the designation of critical habitat for the Quino 
checkerspot butterfly. Additionally, these values may overestimate the 
potential economic effects of the designation because a number of areas 
that were not considered to be occupied in the proposed designation, 
and therefore the economic analysis, are now known to be occupied based 
on data from the 2001 adult butterfly flight season. Further, the final 
designation has been reduced to encompass 69,440 ha (171,605 ac) versus 
the 124,814 ha (301,010 ac) proposed as critical habitat, a difference 
of approximately 52,374 ha (129,405 ac). Consequently, future 
consultations occurring in these areas would be due to the presence of 
the butterfly and not be solely attributable to the designation of 
critical habitat.
    A more detailed discussion of our analyses is contained in the 
Draft Economic Analysis of Proposed Critical Habitat Designation for 
the Quino Checkerspot Butterfly (June 2001) and the Addendum to 
Economic Analysis of Critical Habitat Designation for the Quino 
Checkerspot Butterfly (January 2002). Both documents are included in 
the supporting documentation for this rulemaking and available for 
inspection at the Carlsbad Fish and Wildlife Office (refer to ADDRESSES 
Section).

Required Determinations

Regulatory Planning and Review
    In accordance with Executive Order 12866, this document is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below.
    a. This rule will not have an annual economic effect of $100 
million or more or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. The Quino 
checkerspot butterfly was listed as an endangered species in 1997. In 
fiscal years 1997 through 2001, we have conducted, or are in the 
process of conducting, an estimated 11 formal section 7 consultations 
with other Federal agencies to ensure that their actions will not 
jeopardize the continued existence of the Quino checkerspot butterfly. 
We have also issued section 10(a)(1)(B) incidental take permits for 
approximately 12 projects in areas where the species occurs, in which 
the project proponents have prepared either individual HCPs or were 
signatories to the AD161 HCP in western Riverside County.
    Under the Act, Federal agencies shall consult with the Service to 
ensure that any action authorized, funded, or carried out by such 
agency is not likely to jeopardize the continued existence of an 
endangered or threatened species or result in the destruction or 
adverse modification of critical habitat. The Act does not impose any 
restrictions through critical habitat designation on non-Federal 
persons unless they are conducting activities funded, authorized, or 
permitted by a Federal agency. Based upon our experience with this 
species, we conclude that any Federal action that is likely to result 
in the destruction or adverse modification of critical habitat would 
also be considered likely to jeopardize the continued existence of this 
species in areas occupied by the species. Accordingly, the designation 
of occupied areas as critical habitat for the Quino checkerspot 
butterfly is not anticipated to have any incremental impacts on actions 
that may or may not be conducted by Federal agencies or non-Federal 
persons that receive Federal authorization or funding beyond the 
effects resulting from the listing of this species. Non-Federal persons 
that do not have a Federal involvement in their actions are not 
restricted by the designation of critical habitat (however, they 
continue to be bound by the provisions of the Act concerning ``take'' 
of the species). 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 actions that 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 
listing of the species. These impacts were evaluated in our economic 
analysis (under section 4 of the Act; see Economic Analysis section of 
this rule).
    b. This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies are required to ensure 
that their actions do not jeopardize the continued existence of the 
Quino checkerspot butterfly since its listing under the Act in 1997. In 
our economic analysis (see Economic Analysis section of this rule), we 
have evaluated the impact of designating areas where section 7 
consultations would not have occurred but for the critical habitat 
designation. The designation of critical habitat is not expected to 
impose any additional restrictions beyond those that currently exist on 
currently occupied lands and will not create inconsistencies with other 
agencies' actions on unoccupied lands. Specifically, land management 
activities in areas not currently known to be occupied, such as the 
Lake Mathews/Estelle Mountain Reserve in the Lake Mathews/Estelle 
Mountain Reserve subunit of Unit 1, are expected to benefit the Quino 
checkerspot butterfly and other listed species in the long term; 
therefore, those actions should not be significantly affected by this 
designation.
    c. This rule is not expected to materially affect entitlements, 
grants, user fees, loan programs, or the rights

[[Page 18379]]

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 analysis (resulting from 
critical habitat designation) will have any significant incremental 
effects.
    d. OMB has determined that this rule may raise novel legal or 
policy issues. Therefore, this rule is significant under E.O. 12866, 
and, as a result, has undergone OMB review.

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Act (SBREFA) of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effects of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. The SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic effect on a substantial number of small entities. 
In this rule, we are certifying that the critical habitat designation 
for the Quino checkerspot butterfly will not have a significant effect 
on a substantial number of small entities. The following discussion 
explains our rationale.
    Small entities include small organizations, such as independent 
non-profit organizations, small governmental jurisdictions, including 
school boards and city and town governments that serve fewer than 
50,000 residents, as well as small businesses. Small businesses include 
manufacturing and mining concerns with fewer than 500 employees, 
wholesale trade entities with fewer than 100 employees, retail and 
service businesses with less than $5 million in annual sales, general 
and heavy construction businesses with less than $27.5 million in 
annual business, special trade contractors doing less than $11.5 
million in annual business, and agricultural businesses with annual 
sales less than $750,000. To determine if potential economic impacts to 
these small entities are significant, we consider the types of 
activities that might trigger regulatory impacts under this rule as 
well as the types of project modifications that may result. In general, 
the term ``significant economic impact'' is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, water storage and transfer, etc.). We 
apply the ``substantial number'' test individually to each industry to 
determine if certification is appropriate. In some circumstances, 
especially with critical habitat designations of limited extent, we may 
aggregate across all industries and consider whether the total number 
of small entities affected is substantial. In estimating the numbers of 
small entities potentially affected, we also consider whether their 
activities have any Federal involvement.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies. Some kinds of activities are 
unlikely to have any Federal involvement, and so will not be affected 
by critical habitat designation. In areas where the species may be 
present, Federal agencies already are required to consult with us under 
section 7 of the Act on activities that they fund, permit, or implement 
that may affect the Quino checkerspot butterfly. Federal agencies also 
must consult with us if their activities may affect critical habitat. 
Designation of critical habitat, therefore, could result in additional 
economic impacts to small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities, or due to consultations 
being triggered in critical habitat where the species is currently not 
known to occur.
    Since the Quino checkerspot butterfly was listed in January 1997, 
we have conducted only 11 formal consultations. The analysis provided 
in the Addendum to Economic Analysis of Critical Habitat Designation 
for the Quino Checkerspot Butterfly (January 2002) indicates that the 
potential number of small entities affected is approximately 1 percent. 
These consultations were for the construction of State Route 125 in San 
Diego County and for the construction of new housing developments and 
road expansions/improvements in Riverside County (California Department 
of Transportation and large development corporations) and related to 
HCPs done in both areas. The designation of critical habitat for the 
Quino checkerspot butterfly may result in the reinitiation of these 
consultations. However, as stated above, these consultations do not 
affect a substantial number of small entities. Furthermore, because the 
consultations already addressed the presence of the Quino checkerspot 
butterfly and the effects of the actions on the continued existence of 
the species, (i.e., jeopardy), we believe that the designation of 
critical habitat would not result in significant additional regulatory 
or economic burdens on these entities.
    In areas where the species is currently not known to occur, 
designation of critical habitat could trigger additional review of 
federally funded, authorized, or permitted activities under section 7 
of the Act. The area of the designation that is not known to be 
occupied is located in Lake Mathews/Estelle Mountain Reserve subunit of 
Unit 1. This subunit encompasses approximately 2,450 ha (6,050 ac) of 
land and is located within the Lake Mathews/Estelle Mountain Reserve 
established for the Stephens' kangaroo rat. We do not anticipate any 
federal actions to occur on this reserve at this time.
    Current activities with Federal involvement that may require 
consultation include: Regulation of activities affecting waters of the 
United States by the Corps under section 404 of the Clean Water Act; 
regulation of water flows, damming, diversion, and channelization by 
any Federal agency; regulation of grazing, mining, and recreation by 
the BLM, Forest Service, or the Service; road construction, 
maintenance, and right of way designation; regulation of agricultural 
activities; regulation of airport improvement activities by the Federal 
Aviation Administration; construction of roads and fences along the 
international border with Mexico and associated immigration enforcement 
activities by the Immigration and Naturalization Service; hazard 
mitigation and post-disaster repairs funded by the Federal Emergency 
Management Agency; construction of communication sites licensed by the 
Federal Communications Commission; and activities funded by the U.S. 
Environmental Protection Agency, Department of Energy, or any other 
Federal agency. Many of the activities sponsored by Federal agencies 
within critical habitat areas are carried out by small entities (as 
defined by the Regulatory Flexibility Act) through contracts, grants, 
permits, or other Federal authorizations. Based on past consultation 
history, anticipated future consultations would not involve a 
substantial number of small entities. Therefore, the designation of 
critical

[[Page 18380]]

habitat is not anticipated to have any significant additional effects 
on these activities.
    In the economic analysis for the proposed rule, we found that the 
proposed designation could potentially impose total economic costs for 
consultations and modifications to projects within proposed critical 
habitat for the Quino checkerspot butterfly to range between $5.4 to 
$19.9 million dollars over a 10-year period. This figure includes the 
total costs associated with heavy construction (i.e., highway 
construction), estimated to range between $0.6 and $1.4 million, and 
the total costs associated with commercial and residential real estate 
development, estimated to range between $0.8 and $8.2 million dollars.
    In determining whether this rule could ``significantly affect a 
substantial number of small entities,'' the economic analysis first 
determined whether critical habitat could potentially affect a 
``substantial number'' of small entities in counties supporting 
critical habitat areas. While SBREFA does not explicitly define 
``substantial number,'' the Small Business Administration, as well as 
other Federal agencies, have interpreted this to represent an impact on 
20 percent or greater of the number of small entities in any industry. 
Residential development on private land constitutes the primary 
activity expected to be impacted by the designation of critical habitat 
for the Quino checkerspot butterfly.
    To be conservative (i.e., more likely overstate impacts than 
understate them), the economic analysis assumed that all potentially 
affected parties that may be engaged in development activities within 
critical habitat are small entities. There are approximately 715 
residential development and construction companies in San Diego and 
Riverside Counties that are small businesses. Of these, approximately 
nine may potentially be affected by the designation of critical habitat 
for the Quino checkerspot butterfly, according to the Addendum to 
Economic Analysis of Critical Habitat Designation for the Quino 
Checkerspot Butterfly (January 2002). Therefore, approximately 1 
percent of residential development and construction companies in San 
Diego and Riverside Counties may be affected by the designation of 
critical habitat for the Quino checkerspot butterfly. Because 1 percent 
is far less than the 20 percent threshold that would be considered 
``substantial,'' this analysis concludes that this designation will not 
affect a substantial number of small entities in the residential 
development and construction industries as a result of the designation 
of critical habitat for the Quino checkerspot butterfly. The analysis 
also estimated that less than 0.2 percent of the small businesses in 
the highway construction industry could be affected.
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements. First, if we conclude 
in a biological opinion that a proposed action is likely to jeopardize 
the continued existence of a species or adversely modify its critical 
habitat, we will make every effort to offer ``reasonable and prudent 
alternatives.'' Reasonable and prudent alternatives are alternative 
actions that can be implemented in a manner consistent with the scope 
of the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that would avoid 
jeopardizing the continued existence of listed species or destroying or 
adversely modifying critical habitat. A Federal agency and an applicant 
may elect to implement a reasonable and prudent alternative associated 
with a biological opinion that has found jeopardy or adverse 
modification of critical habitat. An agency or applicant could 
alternatively choose to seek an exemption from the requirements of the 
Act or proceed without implementing the reasonable and prudent 
alternative. However, unless an exemption was obtained, the Federal 
agency or applicant would be at risk of violating section 7(a)(2) of 
the Act if it chose to proceed without implementing a reasonable and 
prudent alternative. Second, if we find that a proposed action is not 
likely to jeopardize the continued existence of a listed animal 
species, we may identify reasonable and prudent measures designed to 
minimize the amount or extent of take and require the Federal agency or 
applicant to implement such measures through non-discretionary terms 
and conditions. We may also identify discretionary conservation 
recommendations designed to minimize or avoid the adverse effects of a 
proposed action on listed species or critical habitat, help implement 
recovery plans, or to develop information that could contribute to the 
recovery of the species.
    Based on our experience with consultations pursuant to section 7 of 
the Act for all listed species, virtually all projects--including those 
that, in their initial proposed form, would result in jeopardy or 
adverse modification determinations--can be implemented successfully 
with, at most, the adoption of reasonable and prudent alternatives. 
These measures, by definition, must be economically feasible and within 
the scope of authority of the Federal agency involved in the 
consultation. As we have a limited consultation history for the Quino 
checkerspot butterfly, we can only describe the general kinds of 
actions that may be identified in future reasonable and prudent 
alternatives. These are based on our understanding of the needs of the 
species and the threats it faces, as described in the final listing 
rule and this critical habitat designation.
    It is likely that a developer could modify a project or take 
measures to protect the Quino checkerspot butterfly. Based on the types 
of modifications and measures that have been implemented in the past 
for this species, a developer may take such steps as re-aligning the 
project to avoid sensitive areas, sponsoring a captive breeding 
program, having a biological monitor present during the construction 
phase, and performing pre-construction surveys. The total estimated 
cost for implementing these measures is estimated to range between $3.9 
and $38.1 million dollars over a 10-year period within critical 
habitat. However, it is estimated that the majority of these costs 
would occur regardless of the critical habitat designation. It should 
also be noted that developers likely would already be required to 
undertake such measures due to regulations in CEQA. These measures are 
not likely to result in a significant economic impact to project 
proponents. The rule itself, as proposed, is estimated to result in 
total costs between $0.8 and $8.2 million to this industry (this figure 
includes the additional costs of participating in section 7 
consultations).
    The cost per-business, for real estate development activities that 
will likely require a consultation with the Service, was estimated to 
average $360,622 per project. Given that approximately nine small 
businesses, at the most, could bear these costs each year (in 
estimating effects to small businesses, the analysis conservatively 
assumes that all potentially affected businesses are small), only about 
1 percent of the total number of small real estate development 
businesses in the area would incur costs considered significant. 
Furthermore, given that the analysis assumes that the size of such 
projects would range between 75 and 100 ac, the average cost per 
project associated with section 7 represents a small percentage, 
overall, on the total worth of the project.
    As required under section 4(b)(2) of the Act, we conducted an 
analysis of the potential economic impacts of this critical habitat 
designation, and that analysis was made available for public review and 
comment before finalization of this designation. Based on estimates

[[Page 18381]]

provided in the economic analysis, the potential economic impact of 
critical habitat designation for the Quino checkerspot butterfly over 
the next 10 years is estimated to range between $5.4 and $19.9 million. 
Assuming that these costs are spread out evenly over the period of 
study, the average annual cost of the designation, as proposed ranges 
between $0.5 and $2.0 million. Furthermore, due to the changes made in 
the final rule regarding the designation of private lands (a reduction 
of approximately 46,540 ha (115,010 ac from the proposal), the actual 
impact of critical habitat designation on private landowners will be 
less than that estimated in the economic analysis.
    In summary, we have considered whether this rule would result in 
significant economic effects on a substantial number of small entities. 
We have determined, for the above reasons, that it will not affect a 
substantial number of small entities. Furthermore, we believe that the 
potential compliance costs for the number of small entities that may be 
affected by this rule will not be significant. Therefore, we are 
certifying that the designation of critical habitat for the Quino 
checkerspot butterfly will not have a significant economic impact on a 
substantial number of small entities. A regulatory flexibility analysis 
is not required.

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

    As discussed above, this rule is not a major rule under 5 U.S.C. 
804(2), the Small Business Regulatory Enforcement Fairness Act. This 
final designation of critical habitat: (a) does not have an annual 
effect on the economy of $100 million; (b) will not cause a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions 
because, as explained in our economic analysis, the designation is 
anticipated to have a total estimated economic effect ranging between 
$5.4 and $19.9 million over a 10-year period. Additionally, these 
values may be an overestimate of the potential economic effects of the 
designation because approximately 18,416 ha (45,510 ac) of land not 
known to be occupied in the proposed designation, and considered not 
occupied in the economic analysis, are now known to be occupied based 
on data from the 2001 adult butterfly flight season (only 2,450 ha 
(6,050 ac) are not known to be occupied in this final designation); 
and, (c) does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    Proposed and final rules designating critical habitat for listed 
species are issued under the authority of the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.). Competition, employment, 
investment productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises are not affected 
by this action and will not be affected by the final rule designating 
critical habitat for this species. This final rule will not place 
additional burdens on any entity. We anticipate that the designation of 
critical habitat will not have any additional effects on these 
activities in areas of critical habitat occupied by the species. In 
addition, we anticipate that the designation will not have any adverse 
effects on activities in areas not known to be occupied due to the 
presence of other federally listed species.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.:
    a. This rule, as designated, 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 destroy or adversely 
modify critical habitat. However, as discussed above, these actions are 
currently subject to equivalent restrictions through the listing 
protections of the species, and no further significant restrictions are 
anticipated in areas of occupied designated critical habitat.
    b. This rule, as designated, 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, (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
designating 69,440 ha (171,605 ac) of lands in Riverside and San Diego 
Counties, California as critical habitat for the Quino checkerspot 
butterfly in a takings implication assessment. The takings implications 
assessment concludes that this final designation of critical habitat 
does not pose significant takings implications for lands within or 
affected by the designation.

Federalism

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

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We are designating critical habitat in accordance with 
the provisions of the Endangered Species Act. The rule uses standard 
property descriptions and identifies the primary constituent elements 
within the designated areas to assist the public in understanding the 
habitat needs of the Quino checkerspot butterfly.

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 determined we do not need to prepare an Environmental Assessment 
and/or an Environmental Impact Statement, as defined by the National

[[Page 18382]]

Environmental Policy Act of 1969, in connection with regulations 
adopted pursuant to section 4(a) of the Endangered Species Act, as 
amended. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This critical habitat designation 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), Executive Order 13175, and 512 DM 2, we 
are coordinating with federally recognized Tribes on a Government-to-
Government basis. Further, Secretarial Order 3206, ``American Indian 
Tribal Rights, Federal-Tribal Trust Responsibilities, and the 
Endangered Species Act'' (1997) provides that critical habitat should 
not be designated in an area that may impact Tribal trust resources 
unless it is determined to be essential to the conservation of a listed 
species. The Secretarial Order further states that in designating 
critical habitat, ``the Service shall evaluate and document the extent 
to which the conservation needs of a listed species can be achieved by 
limiting the designation to other lands.''
    In our proposed critical habitat rule, we indicated that 
approximately 4,405 ha (10,890 ac) of lands within the Cahuilla Band of 
Mission Indians' Reservation in western Riverside County were essential 
for the conservation of the Quino checkerspot butterfly. This 
determination was based on the close proximity of two butterfly 
occurrence complexes--the Silverado and Southwest Cahuilla complexes--
and the continuity of butterfly habitat adjacent to and along the 
southern portion of the Reservation. We are committed to developing a 
positive working relationship with the Tribe and will continue our 
attempts to work with them on developing conservation measures for the 
butterfly. However, due to time constraints for completing this final 
rule, we were required to finalize the designation based on our own 
analysis of the relative importance of the lands within the Cahuilla 
Band of Mission Indians' Reservation for the conservation of the Quino 
checkerspot butterfly.
    Additional information about the distribution of the species on or 
near the Reservation became available following the publication of the 
critical habitat proposal. During the 2001 Quino adult flight season, 
an additional population of Quino checkerspot butterflies was 
identified in close proximity to the southern boundary of the 
Reservation. This occurrence complex has been labeled the Tule Peak 
complex. Consequently, based on data from the 1998 through the 2001 
flight seasons, there are an estimated 226 butterfly occurrences 
grouped into three occurrence complexes adjacent to and overlapping the 
southern boundary of the Reservation. These complexes include the 
majority of documented Quino checkerspot butterflies in the eastern 
portion of western Riverside County and constitute one or more 
significant and substantial essential core regional populations of the 
species.
    Because these occurrence complexes overlap lands within the 
Reservation, and due to the apparent continuity of butterfly habitat 
from the complexes across much of the Reservation, we have determined 
that lands on the Reservation defined by the occurrence complexes that 
support the primary constituent elements for the Quino checkerspot 
butterfly are essential to the conservation of this species and are 
therefore designated as critical habitat. Based on the distribution and 
dispersal of the Quino checkerspot butterfly and our analysis of areas 
essential for the conservation of this species, we have reduced the 
area designated as critical habitat to 525 ha (1,300 ac) on the 
Cahuilla Band of Mission Indian's Reservation.
Energy Supply, Distribution or Use (Executive Order 13211)
    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Though this rule is a 
significant regulatory action under Executive Order 12866, it is not 
expected to significantly affect energy supplies, distribution, and 
use. Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

Relationship to Mexico

    Although this species occurs in Mexico, as well as the United 
States, according to CFR 402.12(h), ``Critical habitat shall not be 
designated with foreign countries or in other areas outside of the 
United States' jurisdiction.'' Therefore, Mexico will not be affected 
by this designation.

References Cited

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

Authors

    The primary authors of this designation are Douglas Krofta and 
Alison Anderson of the Carlsbad Fish and Wildlife Office (see ADDRESSES 
section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

PART 17--[AMENDED]

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

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


    2. In Sec. 17.11(h) revise the entry for ``Butterfly, Quino 
checkerspot''' under ``INSECTS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Species                                                Verebrate population
---------------------------------------------------------    Historic range      where endangered or     Status    When listed    Critical     Special
            Common name                Scientific name                               threatened                                   habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
              INSECTS
 

[[Page 18383]]

 
                   *                  *                  *                  *                  *                  *                  *
Butterfly, Quino checkerspot......  Euphydryas edith      U.S.A. (CA), Mexico.  Entire..............            E          604     17.95(i)           NA
                                     quino.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. Amend Sec. 17.95(i) by adding critical habitat for the Quino 
checkerspot butterfly (Euphydryas editha quino). in the same 
alphabetical order as this subspecies occurs in Sec. 17.11(h).


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *

    (i) Insects. * * *
    Quino Checkerspot Butterfly (Euphydryas editha quino).
    (1) Critical habitat units are depicted for Riverside and San 
Diego Counties, California, on the maps below.
    (2) Primary constituent elements occur in undeveloped areas that 
support various types of open-canopy woody and herbaceous plant 
communities. They include, but are not limited to, plant communities 
that provide populations of host plant and nectar sources for the 
Quino checkerspot butterfly. The primary constituent elements for 
the Quino checkerspot butterfly consist of:
    (i) Grassland and open-canopy woody plant communities, such as 
coastal sage scrub, open red shank chaparral, and open juniper 
woodland, with host plants or nectar plants;
    (ii) Undeveloped areas containing grassland or open-canopy woody 
plant communities, within and between habitat patches, utilized for 
Quino checkerspot butterfly mating, basking, and movement; or
    (iii) Prominent topographic features, such as hills and/or 
ridges, with an open woody or herbaceous canopy at the top. 
Prominence should be determined relative to other local topographic 
features.
    (3) Critical habitat does not include non-Federal lands covered 
by a legally operative incidental take permit for which the Quino 
checkerspot butterfly is a covered species and has take 
authorization, issued under section 10(a)(1)(B) of the Act on or 
before April 15, 2002.
    (4) Existing features and structures within the boundaries of 
mapped critical habitat units, such as buildings, paved or improved 
roads, aqueducts, railroads, airports, other paved areas, lawns, 
large areas of closed canopy woody vegetation such as chaparral and 
cypress, active agricultural fields, and other urban landscaped 
areas are not and do not contain constituent elements. Federal 
actions limited to those areas, therefore, would not trigger a 
section 7 consultation, unless they affect the species and/or 
primary constituent elements in adjacent critical habitat.
    (5) Critical Habitat Map Units--Index Map follows:

BILLING CODE 4310-55-P

[[Page 18384]]

[GRAPHIC] [TIFF OMITTED] TR15AP02.000

BILLING CODE 4310-55-C
    (6) Map Unit 1: Lake Mathews, Riverside County, California.
    (i) Lake Mathews/Estelle Mountain Reserve Subunit. From 1:24,000 
USGS quadrangle maps Alberhill and Lake Mathews, California, lands 
bounded by the following Universal Transverse Mercator (UTM) North 
American Datum of 1927 (NAD27) coordinates (E, N): 461000, 3738300; 
461000, 3738100; 461100, 3738100; 461100, 3737900; 461200, 3737900; 
461200, 3737700; 461300, 3737700; 461300, 3737500; 461500, 3737500; 
461500, 3737400; 461600, 3737400; 461600, 3737200; 462000, 3737200; 
462000, 3737100; 462100, 3737100; 462100, 3737000; 462300, 3737000; 
462300, 3737100; 462400, 3737100; 462400, 3737000; 462600, 3737000; 
462600, 3736900; 462500, 3736900; 462500, 3736800; 462300, 3736800; 
462300, 3736600; 462400, 3736600; 462400, 3736300; 461500, 3736300; 
461500, 3735500; 461200, 3735500; 461200, 3735300; 461100, 3735300; 
461100, 3735400; 460800, 3735400; 460800, 3735300; 460700, 3735300; 
460700, 3735000; 463100, 3735000; 463100, 3734400; 464000, 3734400; 
464000, 3735000; 464700, 3735000; 464700, 3733500; 461600, 3733500; 
461600, 3734300; 460000, 3734300; 460000, 3734700; 459200, 3734700; 
459200, 3735500; 458400, 3735500; 458400, 3736600; 460100, 3736600; 
460100, 3738200; 460300, 3738200; 460300, 3738700; 460400, 3738700; 
460400, 3739100; 460100, 3739100; 460100, 3738700; 459800, 3738700; 
459800, 3739100; 458400, 3739100; 458400, 3740500; 458500, 3740500; 
458500, 3740700; 458200, 3740700; 458200, 3740300; 457700, 3740300; 
457700, 3740600; 458100, 3740600; 458100, 3741100; 457300, 3741100; 
457300, 3741500; 457000, 3741500; 457000, 3741600; 456800, 3741600; 
456800, 3740800; 456700, 3740800; 456700, 3740900; 456600, 3740900; 
456600, 3741000; 456500, 3741000; 456500, 3741100; 456400, 3741100; 
456400, 3741200; 456300, 3741200; 456300, 3741300; 456200, 3741300; 
456200, 3741400; 456100, 3741400; 456100, 3741500; 456000, 3741500; 
456000, 3741600; 455900, 3741600; 455900, 3741700; 455800, 3741700; 
455800, 3741800; 455700, 3741800; 455700, 3741900; 455600, 3741900; 
455600, 3742000; 455500, 3742000; 455500, 3742100; 455400, 3742100; 
455400, 3742200; 455300, 3742200; 455300, 3743100; 456800, 3743100; 
456800, 3742300; 457300, 3742300; 457300, 3742700; 458000, 3742700; 
458000, 3742500; 458400, 3742500; 458400, 3742200; 458600, 3742200; 
458600, 3742000; 459300, 3742000;

[[Page 18385]]

459300, 3740600; 459800, 3740600; 459800, 3740200; 460100, 3740200; 
460100, 3740600; 460800, 3740600; 460800, 3739000; 461400, 3739000; 
461400, 3738800; 461200, 3738800; 461200, 3738600; 461300, 3738600; 
461300, 3738400; 461400, 3738400; 461400, 3738300; returning to 
461000, 3738300; land bounded by 455300, 3741800; 455400, 3741800; 
455400, 3741700; 455500, 3741700; 455500, 3741600; 455600, 3741600; 
455600, 3741500; 455700, 3741500; 455700, 3741400; 455800, 3741400; 
455800, 3741300; 455900, 3741300; 455900, 3741200; 456000, 3741200; 
456000, 3741100; 456100, 3741100; 456100, 3741000; 456200, 3741000; 
456200, 3740900; 456300, 3740900; 456300, 3740800; 456400, 3740800; 
456400, 3740700; 456500, 3740700; 456500, 3740600; 456600, 3740600; 
456600, 3740500; 456700, 3740500; 456700, 3740100; 456200, 3740100; 
456200, 3740000; 455600, 3740000; 455600, 3740200; 455500, 3740200; 
455500, 3740400; 455400, 3740400; 455400, 3740700; 455300, 3740700; 
455300, 3741100; 455200, 3741100; 455200, 3741500; 455300, 3741500; 
returning to 455300, 3741800; and land bounded by 458400, 3738200; 
459300, 3738200; 459300, 3737500; 458400, 3737500; 458400, 3738200; 
excluding land bounded by 461000, 3738300; 461000, 3738400; 461100, 
3738400; 461100, 3738600; 460700, 3738600; 460700, 3738500; 460600, 
3738500; 460600, 3738200; 460900, 3738200; 460900, 3738300; 461000, 
3738300; land bounded by 456400, 3741900; 456400, 3741800; 456600, 
3741800; 456600, 3741900; 456400, 3741900; land bounded by 460300, 
3736600; 460300, 3736400; 460500, 3736400; 460500, 3736200; 460800, 
3736200; 460800, 3736600; 460300, 3736600; and land bounded by 
460200, 3736100; 460200, 3736000; 460100, 3736000; 460100, 3735800; 
460300, 3735800; 460300, 3735700; 460600, 3735700; 460600, 3736100; 
460200, 3736100.
    (ii) Harford Springs Subunit. From 1:24,000 USGS quadrangle maps 
Steele Peak and Lake Mathews, California, lands bounded by the 
following UTM NAD27 coordinates (E, N): 468200, 3743800; 469400, 
3743800; 469400, 3743200; 469500, 3743200; 469500, 3743100; 469700, 
3743100; 469700, 3743000; 470000, 3743000; 470000, 3743100; 470100, 
3743100; 470100, 3743000; 470300, 3743000; 470300, 3742800; 470400, 
3742800; 470400, 3742600; 470700, 3742600; 470700, 3742500; 470900, 
3742500; 470900, 3742400; 471000, 3742400; 471000, 3742300; 471100, 
3742300; 471100, 3742200; 471200, 3742200; 471200, 3741800; 471400, 
3741800; 471400, 3741700; 471600, 3741700; 471600, 3741600; 471700, 
3741600; 471700, 3741500; 471800, 3741500; 471800, 3741400; 471900, 
3741400; 471900, 3740900; 472100, 3740900; 472100, 3740800; 472200, 
3740800; 472200, 3740700; 472400, 3740700; 472400, 3740800; 472700, 
3740800; 472700, 3740500; 472800, 3740500; 472800, 3739600; 472700, 
3739600; 472700, 3739500; 472600, 3739500; 472600, 3739600; 472500, 
3739600; 472500, 3739500; 472300, 3739500; 472300, 3739400; 472500, 
3739400; 472500, 3739300; 472300, 3739300; 472300, 3739100; 471900, 
3739100; 471900, 3738700; 471800, 3738700; 471800, 3738400; 471000, 
3738400; 471000, 3738200; 470900, 3738200; 470900, 3738100; 470800, 
3738100; 470800, 3738000; 470900, 3738000; 470900, 3737900; 471000, 
3737900; 471000, 3736700; 470800, 3736700; 470800, 3736600; 470600, 
3736600; 470600, 3736000; 470400, 3736000; 470400, 3735900; 470200, 
3735900; 470200, 3735800; 470000, 3735800; 470000, 3735700; 469800, 
3735700; 469800, 3735600; 469500, 3735600; 469500, 3735500; 469100, 
3735500; 469100, 3735400; 468600, 3735400; 468600, 3735300; 467500, 
3735300; 467500, 3735400; 466800, 3735400; 466800, 3735500; 466500, 
3735500; 466500, 3735600; 466200, 3735600; 466200, 3735700; 466000, 
3735700; 466000, 3735800; 465800, 3735800; 465800, 3735900; 465600, 
3735900; 465600, 3736000; 465500, 3736000; 465500, 3736100; 465300, 
3736100; 465300, 3736200; 465200, 3736200; 465200, 3736300; 465100, 
3736300; 465100, 3736400; 464900, 3736400; 464900, 3736500; 464800, 
3736500; 464800, 3736600; 464700, 3736600; 464700, 3736700; 464600, 
3736700; 464600, 3736900; 464400, 3736900; 464400, 3737100; 464300, 
3737100; 464300, 3737200; 464200, 3737200; 464200, 3737400; 464100, 
3737400; 464100, 3737500; 464000, 3737500; 464000, 3737600; 463900, 
3737600; 463900, 3737800; 463800, 3737800; 463800, 3738000; 463700, 
3738000; 463700, 3738200; 463600, 3738200; 463600, 3738500; 463500, 
3738500; 463500, 3738800; 463400, 3738800; 463400, 3738900; 463600, 
3738900; 463600, 3739000; 464700, 3739000; 464700, 3738700; 464900, 
3738700; 464900, 3738300; 464700, 3738300; 464700, 3738100; 464800, 
3738100; 464800, 3738000; 464900, 3738000; 464900, 3737300; 465400, 
3737300; 465400, 3737200; 465600, 3737200; 465600, 3736900; 466000, 
3736900; 466000, 3736800; 466100, 3736800; 466100, 3736700; 467000, 
3736700; 467000, 3737100; 467400, 3737100; 467400, 3737400; 467500, 
3737400; 467500, 3737300; 467700, 3737300; 467700, 3737400; 468000, 
3737400; 468000, 3737500; 468100, 3737500; 468100, 3737400; 468200, 
3737400; 468200, 3737300; 468300, 3737300; 468300, 3737200; 468700, 
3737200; 468700, 3737100; 468800, 3737100; 468800, 3736900; 469200, 
3736900; 469200, 3736700; 469400, 3736700; 469400, 3736600; 469600, 
3736600; 469600, 3736400; 470000, 3736400; 470000, 3736800; 469900, 
3736800; 469900, 3737600; 469500, 3737600; 469500, 3737800; 468700, 
3737800; 468700, 3738000; 468200, 3738000; 468200, 3738300; 468300, 
3738300; 468300, 3738900; 468200, 3738900; 468200, 3739000; 467900, 
3739000; 467900, 3739100; 467800, 3739100; 467800, 3739000; 467700, 
3739000; 467700, 3739100; 467600, 3739100; 467600, 3738700; 467300, 
3738700; 467300, 3738800; 467400, 3738800; 467400, 3739500; 467100, 
3739500; 467100, 3739600; 467200, 3739600; 467200, 3739700; 467400, 
3739700; 467400, 3740100; 467000, 3740100; 467000, 3740900; 466500, 
3740900; 466500, 3740400; 466400, 3740400; 466400, 3740300; 466500, 
3740300; 466500, 3740000; 466900, 3740000; 466900, 3739900; 466500, 
3739900; 466500, 3739700; 466400, 3739700; 466400, 3739600; 466200, 
3739600; 466200, 3741500; 465800, 3741500; 465800, 3741700; 465900, 
3741700; 465900, 3741600; 466100, 3741600; 466100, 3741800; 466400, 
3741800; 466400, 3741900; 466500, 3741900; 466500, 3741800; 467000, 
3741800; 467000, 3742000; 466800, 3742000; 466800, 3742100; 466500, 
3742100; 466500, 3742200; 466400, 3742200; 466400, 3742300; 466500, 
3742300; 466500, 3742400; 466600, 3742400; 466600, 3743000; 467100, 
3743000; 467100, 3742700; 467200, 3742700; 467200, 3742600; 467100, 
3742600; 467100, 3742200; 467300, 3742200; 467300, 3742600; 467400, 
3742600; 467400, 3742700; 467900, 3742700; 467900, 3742800; 468000, 
3742800; 468000, 3743000; 468100, 3743000; 468100, 3743100; 468200, 
3743100; 468200, 3743400; 468100, 3743400; 468100, 3743500; 468000, 
3743500; 468000, 3743600; 467800, 3743600; 467800, 3743700; 468200, 
3743700; returning to 468200, 3743800; and land bounded by 467600, 
3738700; 467800, 3738700; 467800, 3738400; 467700, 3738400; 467700, 
3738600; 467600, 3738600; 467600, 3738700; excluding land bounded by 
468800, 3741500; 468800, 3741400; 468900, 3741400; 468900, 3741300; 
469000, 3741300; 469000, 3741100; 468600, 3741100; 468600, 3740900; 
468800, 3740900; 468800, 3740800; 469000, 3740800; 469000, 3740700; 
468700, 3740700; 468700, 3740500; 468600, 3740500; 468600, 3739900; 
468100, 3739900; 468100, 3739400; 468400, 3739400; 468400, 3739600; 
468500, 3739600; 468500, 3739500; 468700, 3739500; 468700, 3739600; 
469400, 3739600; 469400, 3739100; 469500, 3739100; 469500, 3739000; 
469800, 3739000; 469800, 3739300; 469900, 3739300; 469900, 3739500; 
469800, 3739500; 469800, 3739900; 469500, 3739900; 469500, 3741500; 
468800, 3741500; land bounded by 471400, 3741200; 471400, 3741100; 
471300, 3741100; 471300, 3740900; 471700, 3740900; 471700, 3741100; 
471600, 3741100; 471600, 3741200; 471400, 3741200; land bounded by 
472000, 3740400; 472000, 3740100; 472200, 3740100; 472200, 3740000; 
472300, 3740000; 472300, 3740100; 472400, 3740100; 472400, 3740400; 
472000, 3740400; land bounded by 471000, 3740200; 471000, 3740000; 
470600, 3740000; 470600, 3739700; 470900, 3739700; 470900, 3739800; 
471000, 3739800; 471000, 3739900; 471300, 3739900; 471300, 3740000; 
471400, 3740000; 471400, 3740200; 471000, 3740200; land bounded by 
468600, 3739000; 468600, 3738900; 468500, 3738900; 468500, 3738600; 
468600, 3738600; 468600, 3738500; 468700, 3738500; 468700, 3738300; 
468900, 3738300; 468900, 3738400; 469000, 3738400; 469000, 3738600; 
468800, 3738600; 468800, 3739000; 468600, 3739000; land bounded by 
469800, 3738800; 469800, 3738600; 469700, 3738600; 469700, 3738700; 
469400, 3738700; 469400, 3738600; 469300, 3738600; 469300, 3738200; 
469400, 3738200; 469400, 3738300; 469800, 3738300; 469800, 3738400; 
469900, 3738400; 469900, 3738300; 470100, 3738300; 470100, 3738800; 
469800, 3738800; and land bounded by 464100, 3738500; 464100, 
3738200; 464200, 3738200; 464200, 3738100; 464400, 3738100; 464400, 
3738400; 464300, 3738400; 464300, 3738500; 464100, 3738500.
    (iii) Map Unit 1 follows:
BILLING CODE 4310-55-P

[[Page 18386]]

[GRAPHIC] [TIFF OMITTED] TR15AP02.001

BILLING CODE 4310-55-C
    (7) Unit 2: Southwest Riverside County, California.
    (i) From USGS 1:24,000 quadrangle maps Romoland, Winchester, 
Hemet, Blackburn Canyon, Murrieta, Bachelor Mountain, Sage, Cahuilla 
Mountain, Anza, Pechanga, Vail Lake, Aguanga, and Beauty Mountain, 
California.
    (ii) Brown Canyon Subunit: In the vicinity of Hemet and Brown 
Canyon, land bounded by the following UTM NAD27 coordinates (E, N): 
511000, 3730000; 511100, 3730000; 511100, 3729900; 511300, 3729900; 
511300, 3729800; 511400, 3729800; 511400, 3729700; 511500, 3729700; 
511500, 3729600; 511900, 3729600; 511900, 3729500; 512200, 3729500; 
512200, 3729400; 512400, 3729400; 512400, 3729300; 512500, 3729300; 
512500, 3729200; 512600, 3729200; 512600, 3729100; 512800, 3729100; 
512800, 3729000; 512900, 3729000; 512900, 3728900; 513100, 3728900; 
513100, 3728800; 513200, 3728800; 513200, 3728700; 513400, 3728700; 
513400, 3728600; 513500, 3728600; 513500, 3728400; 513600, 3728400; 
513600, 3728300; 513700, 3728300; 513700, 3728200; 513800, 3728200; 
513800, 3728000; 513900, 3728000; 513900, 3727600; 514000, 3727600; 
514000, 3727400; 514100, 3727400; 514100, 3727500; 514200, 3727500; 
514200, 3727400; 514300, 3727400; 514300, 3727300; 514500, 3727300; 
514500, 3727200; 514600, 3727200; 514600, 3726800; 514500, 3726800; 
514500, 3726500; 514400, 3726500; 514400, 3726300; 514300, 3726300; 
514300, 3726100; 514200, 3726100; 514200, 3725300; 514300, 3725300; 
514300, 3725100; 514200, 3725100; 514200, 3724900; 514300, 3724900; 
514300, 3724600; 514200, 3724600; 514200, 3724400; 514300, 3724400; 
514300, 3724300; 514400, 3724300; 514400, 3724000; 514500, 3724000; 
514500, 3723900; 514600, 3723900; 514600, 3723800; 514500, 3723800; 
514500, 3723600; 514400, 3723600; 514400, 3723400; 514300, 3723400; 
514300, 3723300; 514200, 3723300; 514200, 3723100; 514300, 3723100; 
514300, 3722800; 514100, 3722800; 514100, 3722700; 514000, 3722700; 
514000, 3722600; 513800, 3722600; 513800, 3722500; 513700, 3722500; 
513700, 3722400; 513400, 3722400; 513400, 3722300; 513200, 3722300; 
513200, 3722200; 513000, 3722200; 513000, 3722100; 512600, 3722100; 
512600, 3722000; 512300, 3722000; 512300, 3721900; 510500, 3721900; 
510500, 3722000; 510200, 3722000; 510200, 3722100; 509900, 3722100; 
509900, 3722400; 509800, 3722400; 509800, 3722500; 509600, 3722500; 
509600, 3722300; 509400, 3722300; 509400, 3722400; 509200, 3722400; 
509200, 3722500; 509000, 3722500; 509000, 3722600; 508900, 3722600; 
508900, 3722700; 508700, 3722700; 508700, 3722800; 508600, 3722800; 
508600, 3722900; 508400, 3722900; 508400, 3723000; 508300, 3723000; 
508300, 3723100; 508200, 3723100; 508200, 3723200; 508100, 3723200; 
508100, 3723300; 508000, 3723300; 508000, 3723400; 507900, 3723400; 
507900, 3723500; 507800, 3723500; 507800, 3723600; 507700, 3723600; 
507700, 3723800; 507600, 3723800; 507600, 3723900; 507500, 3723900; 
507500, 3724000; 507800, 3724000; 507800, 3724300; 507400, 3724300; 
507400, 3724200; 507300, 3724200; 507300, 3724400; 507200, 3724400; 
507200, 3724600; 507100, 3724600; 507100, 3724800; 507000, 3724800; 
507000, 3725000; 506900, 3725000; 506900, 3725400; 506800, 3725400; 
506800, 3726000; 506700, 3726000; 506700, 3728000; 506800, 3728000; 
506800, 3728300; 506900, 3728300; 506900, 3728700; 507000, 3728700; 
507000, 3729000; 507100, 3729000; 507100, 3729200; 507200, 3729200; 
507200, 3729400; 507500, 3729400; 507500, 3729300; 507300, 3729300; 
507300, 3729100; 507400, 3729100; 507400, 3729000; 507600, 3729000; 
507600, 3728900; 507700, 3728900; 507700, 3729200; 507800, 3729200; 
507800, 3729300; 507900, 3729300; 507900, 3729200; 508100, 3729200; 
508100, 3729100; 508500, 3729100; 508500, 3729000; 508700, 3729000; 
508700, 3728900; 509200, 3728900; 509200, 3729000; 509300, 3729000; 
509300, 3729200; 509400, 3729200; 509400, 3729300; 509500, 3729300; 
509500, 3729400; 509600, 3729400; 509600, 3729500; 509800, 3729500; 
509800, 3729600; 510000, 3729600; 510000, 3729700; 510100, 3729700; 
510100, 3729800; 510400, 3729800; 510400, 3729900; 511000, 3729900; 
returning to 511000, 3730000; and
    (iii) Temecula/Murrieta/Oak Grove Subunit: Land bounded by 
507500, 3729300; 507600, 3729300; 507600, 3729200; 507500, 3729200; 
507500, 3729300; excluding land bounded by 508400, 3726500; 508400, 
3726400; 508300, 3726400; 508300, 3726200; 508600, 3726200; 508600, 
3726500; 508400, 3726500; land bounded by 508500, 3726000; 508500, 
3725900; 508300, 3725900; 508300, 3725700; 508400, 3725700; 508400, 
3725600;

[[Page 18387]]

508800, 3725600; 508800, 3725900; 508700, 3725900; 508700, 3726000; 
508500, 3726000; and land bounded by 509100, 3725100; 509100, 
3724900; 509200, 3724900; 509200, 3724800; 509400, 3724800; 509400, 
3725100; 509100, 3725100. In the vicinity of Lake Skinner, Wilson 
Valley, and Oak Grove, land bounded by the following UTM NAD27 
coordinates (E, N): 513500, 3702800; 513200, 3702800; 513200, 
3702700; 513000, 3702700; 513000, 3702800; 512900, 3702800; 512900, 
3702700; 512700, 3702700; 512700, 3702500; 512800, 3702500; 512800, 
3702400; 513000, 3702400; 513000, 3702500; 513100, 3702500; 513100, 
3702400; 513300, 3702400; 513300, 3702200; 513200, 3702200; 513200, 
3702100; 513100, 3702100; 513100, 3702000; 513200, 3702000; 513200, 
3701800; 513100, 3701800; 513100, 3701300; 511700, 3701300; 511700, 
3700500; 511000, 3700500; 511000, 3701100; 510900, 3701100; 510900, 
3701200; 510800, 3701200; 510800, 3701300; 510700, 3701300; 510700, 
3701400; 510500, 3701400; 510500, 3701600; 510900, 3701600; 510900, 
3701800; 510700, 3701800; 510700, 3701900; 510100, 3701900; 510100, 
3701800; 510000, 3701800; 510000, 3701700; 509700, 3701700; 509700, 
3701600; 509600, 3701600; 509600, 3701700; 509500, 3701700; 509500, 
3701800; 509400, 3701800; 509400, 3701900; 509300, 3701900; 509300, 
3702300; 508700, 3702300; 508700, 3702400; 508500, 3702400; 508500, 
3702500; 508400, 3702500; 508400, 3702600; 508300, 3702600; 508300, 
3702900; 508400, 3702900; 508400, 3702700; 508700, 3702700; 508700, 
3702800; 508800, 3702800; 508800, 3702700; 508900, 3702700; 508900, 
3703000; 508700, 3703000; 508700, 3703100; 508300, 3703100; 508300, 
3703200; 507900, 3703200; 507900, 3702900; 508100, 3702900; 508100, 
3702800; 508000, 3702800; 508000, 3702700; 507700, 3702700; 507700, 
3702900; 507600, 3702900; 507600, 3703000; 506600, 3703000; 506600, 
3703100; 506400, 3703100; 506400, 3703600; 506300, 3703600; 506300, 
3703800; 506100, 3703800; 506100, 3703700; 506000, 3703700; 506000, 
3703800; 505500, 3703800; 505500, 3703700; 505000, 3703700; 505000, 
3703800; 504900, 3703800; 504900, 3703900; 504600, 3703900; 504600, 
3703800; 504400, 3703800; 504400, 3703900; 504300, 3703900; 504300, 
3704200; 504200, 3704200; 504200, 3704800; 504100, 3704800; 504100, 
3704900; 504200, 3704900; 504200, 3705000; 504500, 3705000; 504500, 
3705100; 504600, 3705100; 504600, 3705200; 504700, 3705200; 504700, 
3705400; 505100, 3705400; 505100, 3705500; 505300, 3705500; 505300, 
3705600; 505400, 3705600; 505400, 3705700; 505700, 3705700; 505700, 
3705500; 505800, 3705500; 505800, 3705100; 505900, 3705100; 505900, 
3705000; 506400, 3705000; 506400, 3705900; 506300, 3705900; 506300, 
3706000; 506100, 3706000; 506100, 3706200; 505900, 3706200; 505900, 
3706300; 505800, 3706300; 505800, 3706400; 505500, 3706400; 505500, 
3706300; 505400, 3706300; 505400, 3706200; 505300, 3706200; 505300, 
3706100; 505200, 3706100; 505200, 3706000; 505100, 3706000; 505100, 
3705900; 504900, 3705900; 504900, 3706000; 504800, 3706000; 504800, 
3706400; 504600, 3706400; 504600, 3706300; 504500, 3706300; 504500, 
3706200; 504400, 3706200; 504400, 3706100; 504300, 3706100; 504300, 
3706000; 504200, 3706000; 504200, 3705900; 504000, 3705900; 504000, 
3706000; 503800, 3706000; 503800, 3705900; 503500, 3705900; 503500, 
3706000; 503400, 3706000; 503400, 3706100; 503000, 3706100; 503000, 
3706200; 503100, 3706200; 503100, 3706400; 502300, 3706400; 502300, 
3706300; 502100, 3706300; 502100, 3705900; 502000, 3705900; 502000, 
3705600; 501900, 3705600; 501900, 3705300; 501800, 3705300; 501800, 
3704800; 501900, 3704800; 501900, 3704700; 501700, 3704700; 501700, 
3704500; 502300, 3704500; 502300, 3704700; 502400, 3704700; 502400, 
3705000; 502500, 3705000; 502500, 3705100; 502600, 3705100; 502600, 
3704900; 502700, 3704900; 502700, 3704700; 503000, 3704700; 503000, 
3704600; 503200, 3704600; 503200, 3704500; 503400, 3704500; 503400, 
3704400; 503600, 3704400; 503600, 3704100; 503700, 3704100; 503700, 
3703600; 503800, 3703600; 503800, 3703500; 503900, 3703500; 503900, 
3703400; 504000, 3703400; 504000, 3703300; 504300, 3703300; 504300, 
3703200; 504100, 3703200; 504100, 3703100; 504000, 3703100; 504000, 
3703000; 503800, 3703000; 503800, 3702900; 503600, 3702900; 503600, 
3702800; 503100, 3702800; 503100, 3702700; 503000, 3702700; 503000, 
3702800; 502600, 3702800; 502600, 3702900; 502400, 3702900; 502400, 
3703000; 502300, 3703000; 502300, 3703100; 502200, 3703100; 502200, 
3703200; 502100, 3703200; 502100, 3703300; 502000, 3703300; 502000, 
3703400; 501900, 3703400; 501900, 3703500; 501800, 3703500; 501800, 
3703600; 501700, 3703600; 501700, 3703900; 501600, 3703900; 501600, 
3704000; 501300, 3704000; 501300, 3704100; 501100, 3704100; 501100, 
3704200; 501000, 3704200; 501000, 3704300; 500900, 3704300; 500900, 
3704400; 500800, 3704400; 500800, 3704500; 500700, 3704500; 500700, 
3704600; 500600, 3704600; 500600, 3704700; 500500, 3704700; 500500, 
3704800; 500400, 3704800; 500400, 3704900; 500300, 3704900; 500300, 
3705000; 500200, 3705000; 500200, 3705100; 500100, 3705100; 500100, 
3705200; 500000, 3705200; 500000, 3705300; 499900, 3705300; 499900, 
3705400; 499800, 3705400; 499800, 3705500; 499600, 3705500; 499600, 
3705600; 499500, 3705600; 499500, 3705700; 499400, 3705700; 499400, 
3705800; 499300, 3705800; 499300, 3705900; 499200, 3705900; 499200, 
3706000; 499100, 3706000; 499100, 3706100; 499000, 3706100; 499000, 
3706200; 498900, 3706200; 498900, 3706300; 498800, 3706300; 498800, 
3706400; 498700, 3706400; 498700, 3706500; 499000, 3706500; 499000, 
3706600; 499200, 3706600; 499200, 3706700; 499500, 3706700; 499500, 
3706600; 499800, 3706600; 499800, 3706800; 499900, 3706800; 499900, 
3707000; 499800, 3707000; 499800, 3707100; 499700, 3707100; 499700, 
3707200; 499500, 3707200; 499500, 3707300; 499100, 3707300; 499100, 
3707400; 498700, 3707400; 498700, 3707600; 498500, 3707600; 498500, 
3707700; 498200, 3707700; 498200, 3707800; 498100, 3707800; 498100, 
3708000; 498200, 3708000; 498200, 3708100; 498300, 3708100; 498300, 
3708200; 498400, 3708200; 498400, 3708300; 498500, 3708300; 498500, 
3708400; 498600, 3708400; 498600, 3708500; 498700, 3708500; 498700, 
3708600; 498800, 3708600; 498800, 3708700; 499000, 3708700; 499000, 
3708800; 499100, 3708800; 499100, 3708900; 499200, 3708900; 499200, 
3709000; 499500, 3709000; 499500, 3708700; 499600, 3708700; 499600, 
3708600; 499900, 3708600; 499900, 3708700; 500000, 3708700; 500000, 
3708800; 499900, 3708800; 499900, 3709000; 500100, 3709000; 500100, 
3709300; 500300, 3709300; 500300, 3709500; 500400, 3709500; 500400, 
3709800; 500500, 3709800; 500500, 3710000; 500600, 3710000; 500600, 
3710200; 500900, 3710200; 500900, 3710000; 501100, 3710000; 501100, 
3710100; 501200, 3710100; 501200, 3710300; 501000, 3710300; 501000, 
3710400; 501500, 3710400; 501500, 3710200; 501900, 3710200; 501900, 
3710400; 501800, 3710400; 501800, 3710500; 503300, 3710500; 503300, 
3710600; 503500, 3710600; 503500, 3710700; 503800, 3710700; 503800, 
3710800; 503900, 3710800; 503900, 3710900; 504100, 3710900; 504100, 
3711000; 504300, 3711000; 504300, 3711100; 504400, 3711100; 504400, 
3711200; 504500, 3711200; 504500, 3711100; 504800, 3711100; 504800, 
3711200; 504900, 3711200; 504900, 3711300; 504800, 3711300; 504800, 
3711600; 504900, 3711600; 504900, 3711700; 505100, 3711700; 505100, 
3711600; 505300, 3711600; 505300, 3711700; 505400, 3711700; 505400, 
3712000; 505200, 3712000; 505200, 3712200; 504300, 3712200; 504300, 
3712300; 504200, 3712300; 504200, 3712400; 503700, 3712400; 503700, 
3712500; 503500, 3712500; 503500, 3712600; 503400, 3712600; 503400, 
3712700; 503000, 3712700; 503000, 3712800; 502700, 3712800; 502700, 
3712900; 502500, 3712900; 502500, 3713000; 501500, 3713000; 501500, 
3713100; 501200, 3713100; 501200, 3713000; 501100, 3713000; 501100, 
3713500; 501000, 3713500; 501000, 3713600; 501400, 3713600; 501400, 
3713900; 501000, 3713900; 501000, 3714000; 500800, 3714000; 500800, 
3714200; 500400, 3714200; 500400, 3714300; 500600, 3714300; 500600, 
3714600; 500700, 3714600; 500700, 3714500; 500900, 3714500; 500900, 
3714600; 501000, 3714600; 501000, 3714500; 501100, 3714500; 501100, 
3714300; 501600, 3714300; 501600, 3714100; 501800, 3714100; 501800, 
3714200; 501900, 3714200; 501900, 3714300; 502200, 3714300; 502200, 
3714400; 502300, 3714400; 502300, 3714500; 502500, 3714500; 502500, 
3714600; 502800, 3714600; 502800, 3714500; 503600, 3714500; 503600, 
3714800; 503700, 3714800; 503700, 3714700; 503800, 3714700; 503800, 
3714600; 504000, 3714600; 504000, 3714700; 504100, 3714700; 504100, 
3714600; 504300, 3714600; 504300, 3714700; 504400, 3714700; 504400, 
3714900; 504300, 3714900; 504300, 3715100; 504100, 3715100; 504100, 
3715000; 503900, 3715000; 503900, 3715100; 503800, 3715100; 503800, 
3715200; 504000, 3715200; 504000, 3715300; 504200, 3715300; 504200, 
3715400; 504300, 3715400; 504300, 3715300; 504400, 3715300; 504400, 
3715900; 504300, 3715900; 504300, 3716000; 504200, 3716000; 504200, 
3716200; 503900, 3716200; 503900, 3716000; 503800, 3716000; 503800, 
3715500; 503100, 3715500; 503100, 3715800; 503200, 3715800; 503200, 
3715900; 503300, 3715900; 503300, 3716000; 503400, 3716000; 503400, 
3716200; 502700, 3716200; 502700, 3716000; 501900, 3716000; 501900, 
3716300; 501800, 3716300; 501800, 3716400; 501500, 3716400; 501500, 
3716500; 501300, 3716500; 501300, 3716100; 501400, 3716100; 501400, 
3716000; 501200, 3716000; 501200, 3715900; 501000, 3715900; 501000, 
3715700; 500900, 3715700; 500900, 3715600; 500800, 3715600; 500800, 
3716000; 500700, 3716000; 500700, 3716200; 500400, 3716200; 500400, 
3715700; 500200, 3715700; 500200, 3715600; 499900, 3715600; 499900, 
3715500; 499800, 3715500; 499800, 3715600; 499400, 3715600; 499400, 
3715400; 499300, 3715400; 499300, 3715300;

[[Page 18388]]

499100, 3715300; 499100, 3715100; 499200, 3715100; 499200, 3715000; 
499100, 3715000; 499100, 3714700; 499000, 3714700; 499000, 3714500; 
498900, 3714500; 498900, 3714300; 498800, 3714300; 498800, 3714200; 
498700, 3714200; 498700, 3713700; 498500, 3713700; 498500, 3713600; 
498400, 3713600; 498400, 3713500; 498200, 3713500; 498200, 3713600; 
498300, 3713600; 498300, 3713700; 498400, 3713700; 498400, 3713800; 
498300, 3713800; 498300, 3713900; 498200, 3713900; 498200, 3713800; 
497700, 3713800; 497700, 3714100; 497500, 3714100; 497500, 3714300; 
497300, 3714300; 497300, 3714200; 496600, 3714200; 496600, 3713900; 
496500, 3713900; 496500, 3713800; 496400, 3713800; 496400, 3713600; 
496200, 3713600; 496200, 3713500; 495600, 3713500; 495600, 3713400; 
495500, 3713400; 495500, 3712600; 495100, 3712600; 495100, 3712300; 
494900, 3712300; 494900, 3712200; 494600, 3712200; 494600, 3712000; 
494700, 3712000; 494700, 3711900; 494800, 3711900; 494800, 3711700; 
494700, 3711700; 494700, 3711600; 494600, 3711600; 494600, 3711500; 
494500, 3711500; 494500, 3711400; 494400, 3711400; 494400, 3711300; 
494300, 3711300; 494300, 3711400; 494000, 3711400; 494000, 3711500; 
493900, 3711500; 493900, 3711700; 493700, 3711700; 493700, 3711800; 
493600, 3711800; 493600, 3711900; 493400, 3711900; 493400, 3712000; 
493100, 3712000; 493100, 3711900; 492900, 3711900; 492900, 3711800; 
492800, 3711800; 492800, 3712000; 492900, 3712000; 492900, 3712100; 
492600, 3712100; 492600, 3712000; 492500, 3712000; 492500, 3712300; 
492400, 3712300; 492400, 3712600; 491900, 3712600; 491900, 3712700; 
492100, 3712700; 492100, 3712800; 492200, 3712800; 492200, 3712700; 
492800, 3712700; 492800, 3712800; 492700, 3712800; 492700, 3712900; 
492400, 3712900; 492400, 3713000; 492000, 3713000; 492000, 3713100; 
491800, 3713100; 491800, 3713000; 491400, 3713000; 491400, 3712900; 
491500, 3712900; 491500, 3712800; 491700, 3712800; 491700, 3712600; 
490800, 3712600; 490800, 3712900; 490900, 3712900; 490900, 3713100; 
491000, 3713100; 491000, 3713300; 491200, 3713300; 491200, 3713400; 
491400, 3713400; 491400, 3713500; 491700, 3713500; 491700, 3713600; 
491900, 3713600; 491900, 3713700; 492000, 3713700; 492000, 3713800; 
492200, 3713800; 492200, 3713900; 492600, 3713900; 492600, 3714000; 
492800, 3714000; 492800, 3714100; 493000, 3714100; 493000, 3713900; 
493100, 3713900; 493100, 3713800; 493200, 3713800; 493200, 3713600; 
493300, 3713600; 493300, 3713500; 493400, 3713500; 493400, 3713400; 
493600, 3713400; 493600, 3713500; 493700, 3713500; 493700, 3713600; 
494000, 3713600; 494000, 3714600; 493400, 3714600; 493400, 3714700; 
493500, 3714700; 493500, 3714900; 493400, 3714900; 493400, 3715400; 
493700, 3715400; 493700, 3715600; 494000, 3715600; 494000, 3715500; 
494300, 3715500; 494300, 3715600; 494400, 3715600; 494400, 3715500; 
494800, 3715500; 494800, 3715400; 494900, 3715400; 494900, 3715300; 
495100, 3715300; 495100, 3715400; 495300, 3715400; 495300, 3715300; 
495500, 3715300; 495500, 3715500; 496400, 3715500; 496400, 3715400; 
496600, 3715400; 496600, 3715500; 496800, 3715500; 496800, 3715600; 
496900, 3715600; 496900, 3715800; 497200, 3715800; 497200, 3716600; 
497100, 3716600; 497100, 3716700; 497000, 3716700; 497000, 3716500; 
496900, 3716500; 496900, 3716400; 496800, 3716400; 496800, 3717000; 
497200, 3717000; 497200, 3717200; 497400, 3717200; 497400, 3717500; 
497300, 3717500; 497300, 3717600; 497100, 3717600; 497100, 3717500; 
496100, 3717500; 496100, 3717200; 495900, 3717200; 495900, 3717300; 
495700, 3717300; 495700, 3717200; 495600, 3717200; 495600, 3717100; 
495200, 3717100; 495200, 3717000; 494200, 3717000; 494200, 3717100; 
493800, 3717100; 493800, 3717200; 493700, 3717200; 493700, 3717300; 
493400, 3717300; 493400, 3718300; 493300, 3718300; 493300, 3719500; 
493400, 3719500; 493400, 3719600; 493500, 3719600; 493500, 3719700; 
493900, 3719700; 493900, 3720100; 493500, 3720100; 493500, 3720200; 
494000, 3720200; 494000, 3720500; 493900, 3720500; 493900, 3720700; 
493200, 3720700; 493200, 3721500; 493100, 3721500; 493100, 3722800; 
493300, 3722800; 493300, 3722900; 493800, 3722900; 493800, 3723000; 
494400, 3723000; 494400, 3723100; 495400, 3723100; 495400, 3723000; 
495600, 3723000; 495600, 3722900; 495700, 3722900; 495700, 3722700; 
495800, 3722700; 495800, 3722600; 495900, 3722600; 495900, 3722400; 
496000, 3722400; 496000, 3722300; 496100, 3722300; 496100, 3722100; 
496200, 3722100; 496200, 3722000; 496300, 3722000; 496300, 3721900; 
496400, 3721900; 496400, 3721700; 496500, 3721700; 496500, 3721600; 
496600, 3721600; 496600, 3721400; 496700, 3721400; 496700, 3721300; 
496800, 3721300; 496800, 3721100; 496900, 3721100; 496900, 3721000; 
497000, 3721000; 497000, 3720800; 497100, 3720800; 497100, 3720700; 
497200, 3720700; 497200, 3720500; 497300, 3720500; 497300, 3720400; 
497400, 3720400; 497400, 3720200; 497500, 3720200; 497500, 3720100; 
497600, 3720100; 497600, 3719900; 497700, 3719900; 497700, 3719800; 
497800, 3719800; 497800, 3719700; 497900, 3719700; 497900, 3719500; 
498000, 3719500; 498000, 3719400; 498100, 3719400; 498100, 3719200; 
498200, 3719200; 498200, 3719100; 498300, 3719100; 498300, 3718900; 
498400, 3718900; 498400, 3718800; 498500, 3718800; 498500, 3718600; 
498600, 3718600; 498600, 3718500; 498700, 3718500; 498700, 3718300; 
498800, 3718300; 498800, 3718200; 498900, 3718200; 498900, 3718100; 
499000, 3718100; 499000, 3717800; 499300, 3717800; 499300, 3717900; 
499400, 3717900; 499400, 3718100; 500000, 3718100; 500000, 3718000; 
500900, 3718000; 500900, 3717900; 500700, 3717900; 500700, 3717700; 
500800, 3717700; 500800, 3717600; 501100, 3717600; 501100, 3717800; 
501200, 3717800; 501200, 3718000; 501500, 3718000; 501500, 3717900; 
502900, 3717900; 502900, 3717800; 504200, 3717800; 504200, 3717700; 
505600, 3717700; 505600, 3717300; 505500, 3717300; 505500, 3717400; 
505200, 3717400; 505200, 3717500; 505100, 3717500; 505100, 3717400; 
504900, 3717400; 504900, 3717200; 505100, 3717200; 505100, 3717100; 
505200, 3717100; 505200, 3717000; 505300, 3717000; 505300, 3716900; 
505400, 3716900; 505400, 3716800; 505600, 3716800; 505600, 3716500; 
505800, 3716500; 505800, 3716600; 505900, 3716600; 505900, 3716500; 
506100, 3716500; 506100, 3716600; 506200, 3716600; 506200, 3716800; 
506100, 3716800; 506100, 3717400; 506300, 3717400; 506300, 3717300; 
506400, 3717300; 506400, 3717200; 506500, 3717200; 506500, 3717000; 
506600, 3717000; 506600, 3716800; 506700, 3716800; 506700, 3716600; 
506800, 3716600; 506800, 3716500; 506900, 3716500; 506900, 3716400; 
506800, 3716400; 506800, 3716300; 506600, 3716300; 506600, 3716400; 
506400, 3716400; 506400, 3716500; 506300, 3716500; 506300, 3716300; 
506200, 3716300; 506200, 3716200; 506300, 3716200; 506300, 3716000; 
506400, 3716000; 506400, 3715900; 506700, 3715900; 506700, 3715600; 
506900, 3715600; 506900, 3715500; 507000, 3715500; 507000, 3715400; 
507100, 3715400; 507100, 3715300; 507300, 3715300; 507300, 3715600; 
507400, 3715600; 507400, 3715400; 507500, 3715400; 507500, 3715200; 
507600, 3715200; 507600, 3715000; 507700, 3715000; 507700, 3714800; 
507800, 3714800; 507800, 3714700; 507900, 3714700; 507900, 3714500; 
508000, 3714500; 508000, 3714300; 508100, 3714300; 508100, 3714100; 
508200, 3714100; 508200, 3714000; 508300, 3714000; 508300, 3713900; 
508400, 3713900; 508400, 3713800; 508500, 3713800; 508500, 3713600; 
508600, 3713600; 508600, 3713500; 508800, 3713500; 508800, 3713400; 
508900, 3713400; 508900, 3713300; 509000, 3713300; 509000, 3713200; 
509100, 3713200; 509100, 3713100; 509200, 3713100; 509200, 3713000; 
509400, 3713000; 509400, 3712900; 509500, 3712900; 509500, 3712800; 
509600, 3712800; 509600, 3712700; 509700, 3712700; 509700, 3712600; 
509900, 3712600; 509900, 3712500; 510000, 3712500; 510000, 3712400; 
510100, 3712400; 510100, 3712300; 510200, 3712300; 510200, 3712200; 
510400, 3712200; 510400, 3712100; 510500, 3712100; 510500, 3712000; 
510600, 3712000; 510600, 3711900; 510700, 3711900; 510700, 3711800; 
510800, 3711800; 510800, 3711700; 511000, 3711700; 511000, 3711600; 
511100, 3711600; 511100, 3711500; 511200, 3711500; 511200, 3711400; 
511300, 3711400; 511300, 3711300; 511500, 3711300; 511500, 3711200; 
511600, 3711200; 511600, 3711100; 511700, 3711100; 511700, 3711000; 
511800, 3711000; 511800, 3710900; 512000, 3710900; 512000, 3710800; 
512100, 3710800; 512100, 3710700; 512200, 3710700; 512200, 3710600; 
512300, 3710600; 512300, 3710500; 512500, 3710500; 512500, 3710400; 
512600, 3710400; 512600, 3710300; 512700, 3710300; 512700, 3710200; 
513000, 3710200; 513000, 3710100; 513100, 3710100; 513100, 3710000; 
513200, 3710000; 513200, 3709900; 513300, 3709900; 513300, 3709800; 
513400, 3709800; 513400, 3709700; 513700, 3709700; 513700, 3709600; 
513900, 3709600; 513900, 3709500; 514100, 3709500; 514100, 3709400; 
514400, 3709400; 514400, 3709300; 514600, 3709300; 514600, 3709200; 
514800, 3709200; 514800, 3709100; 515000, 3709100; 515000, 3709000; 
515300, 3709000; 515300, 3708900; 515500, 3708900; 515500, 3708800; 
515700, 3708800; 515700, 3708700; 516000, 3708700; 516000, 3708600; 
516200, 3708600; 516200, 3708500; 516400, 3708500; 516400, 3708400; 
516500, 3708400; 516500, 3706300; 516600, 3706300; 516600, 3705900; 
516400, 3705900; 516400, 3705700; 516300, 3705700; 516300, 3705500; 
516200, 3705500; 516200, 3705300; 516300, 3705300; 516300, 3705200; 
516500, 3705200; 516500, 3705300; 516600, 3705300; 516600, 3705500; 
516700, 3705500; 516700, 3705600; 516800, 3705600; 516800, 3705500; 
516900, 3705500; 516900, 3705300; 516800, 3705300; 516800, 3705100; 
516900, 3705100; 516900, 3704800; 517200, 3704800; 517200, 3704700; 
517700, 3704700; 517700, 3704600; 517800, 3704600; 517800, 3704300; 
517900, 3704300; 517900, 3704100; 518200, 3704100; 518200, 3704000; 
518400, 3704000; 518400, 3704100;

[[Page 18389]]

518500, 3704100; 518500, 3704400; 518200, 3704400; 518200, 3704600; 
518100, 3704600; 518100, 3704700; 518200, 3704700; 518200, 3704900; 
518500, 3704900; 518500, 3705300; 518600, 3705300; 518600, 3705600; 
518700, 3705600; 518700, 3706000; 518800, 3706000; 518800, 3706300; 
518900, 3706300; 518900, 3706600; 519200, 3706600; 519200, 3706500; 
519900, 3706500; 519900, 3706900; 520100, 3706900; 520100, 3706800; 
520300, 3706800; 520300, 3706700; 520500, 3706700; 520500, 3706600; 
520900, 3706600; 520900, 3706700; 522700, 3706700; 522700, 3706800; 
524400, 3706800; 524400, 3706900; 526200, 3706900; 526200, 3707000; 
527800, 3707000; 527800, 3707100; 528100, 3707100; 528100, 3707000; 
528400, 3707000; 528400, 3706900; 528500, 3706900; 528500, 3706800; 
528600, 3706800; 528600, 3706700; 528700, 3706700; 528700, 3706600; 
528800, 3706600; 528800, 3706500; 528900, 3706500; 528900, 3706400; 
529000, 3706400; 529000, 3706300; 529100, 3706300; 529100, 3706200; 
529200, 3706200; 529200, 3706100; 529300, 3706100; 529300, 3706000; 
529400, 3706000; 529400, 3705900; 529500, 3705900; 529500, 3705800; 
529700, 3705800; 529700, 3705700; 529800, 3705700; 529800, 3705500; 
529900, 3705500; 529900, 3705300; 530000, 3705300; 530000, 3704900; 
530100, 3704900; 530100, 3704600; 530200, 3704600; 530200, 3704400; 
530300, 3704400; 530300, 3704100; 530400, 3704100; 530400, 3703800; 
530500, 3703800; 530500, 3703600; 530600, 3703600; 530600, 3703300; 
530700, 3703300; 530700, 3703000; 530800, 3703000; 530800, 3702800; 
530900, 3702800; 530900, 3702400; 531000, 3702400; 531000, 3702300; 
530900, 3702300; 530900, 3702000; 530800, 3702000; 530800, 3701800; 
530700, 3701800; 530700, 3701700; 530600, 3701700; 530600, 3701600; 
530400, 3701600; 530400, 3701500; 530200, 3701500; 530200, 3701400; 
529800, 3701400; 529800, 3701500; 529300, 3701500; 529300, 3701600; 
528800, 3701600; 528800, 3701700; 528200, 3701700; 528200, 3701800; 
527700, 3701800; 527700, 3701900; 527100, 3701900; 527100, 3702000; 
526500, 3702000; 526500, 3702100; 526000, 3702100; 526000, 3702200; 
525400, 3702200; 525400, 3702300; 524900, 3702300; 524900, 3702400; 
524300, 3702400; 524300, 3702500; 523700, 3702500; 523700, 3702600; 
523500, 3702600; 523500, 3702700; 523200, 3702700; 523200, 3702800; 
522900, 3702800; 522900, 3702900; 522500, 3702900; 522500, 3702800; 
522600, 3702800; 522600, 3702700; 522800, 3702700; 522800, 3702600; 
523200, 3702600; 523200, 3702500; 523000, 3702500; 523000, 3702400; 
522800, 3702400; 522800, 3702300; 522500, 3702300; 522500, 3702200; 
522300, 3702200; 522300, 3702100; 522100, 3702100; 522100, 3702000; 
521800, 3702000; 521800, 3701900; 521600, 3701900; 521600, 3701800; 
521400, 3701800; 521400, 3701700; 521100, 3701700; 521100, 3701600; 
520900, 3701600; 520900, 3701500; 520700, 3701500; 520700, 3701400; 
520400, 3701400; 520400, 3701300; 520200, 3701300; 520200, 3701200; 
520000, 3701200; 520000, 3701100; 519700, 3701100; 519700, 3701000; 
519500, 3701000; 519500, 3700900; 519300, 3700900; 519300, 3700800; 
519000, 3700800; 519000, 3700700; 518800, 3700700; 518800, 3700600; 
518600, 3700600; 518600, 3700500; 518300, 3700500; 518300, 3700800; 
518100, 3700800; 518100, 3700600; 518000, 3700600; 518000, 3700400; 
518100, 3700400; 518100, 3700300; 517900, 3700300; 517900, 3700200; 
517600, 3700200; 517600, 3700100; 517400, 3700100; 517400, 3700000; 
517200, 3700000; 517200, 3699900; 516900, 3699900; 516900, 3699800; 
516700, 3699800; 516700, 3699700; 516500, 3699700; 516500, 3699600; 
516200, 3699600; 516200, 3699500; 516000, 3699500; 516000, 3699400; 
515800, 3699400; 515800, 3699300; 515700, 3699300; 515700, 3699200; 
515800, 3699200; 515800, 3699100; 515900, 3699100; 515900, 3699000; 
516000, 3699000; 516000, 3698900; 516100, 3698900; 516100, 3698800; 
516200, 3698800; 516200, 3698700; 516300, 3698700; 516300, 3698600; 
516400, 3698600; 516400, 3698500; 516500, 3698500; 516500, 3698400; 
516600, 3698400; 516600, 3698300; 516700, 3698300; 516700, 3698200; 
516800, 3698200; 516800, 3698100; 516900, 3698100; 516900, 3698000; 
517100, 3698000; 517100, 3697900; 517200, 3697900; 517200, 3697800; 
517300, 3697800; 517300, 3697700; 517400, 3697700; 517400, 3697600; 
517500, 3697600; 517500, 3697500; 517600, 3697500; 517600, 3697400; 
517700, 3697400; 517700, 3697300; 517800, 3697300; 517800, 3697200; 
517900, 3697200; 517900, 3697100; 518000, 3697100; 518000, 3697000; 
518100, 3697000; 518100, 3696900; 518300, 3696900; 518300, 3696800; 
518400, 3696800; 518400, 3696700; 518500, 3696700; 518500, 3696600; 
518600, 3696600; 518600, 3696500; 518700, 3696500; 518700, 3696400; 
518800, 3696400; 518800, 3696300; 518900, 3696300; 518900, 3696200; 
519000, 3696200; 519000, 3696000; 519100, 3696000; 519100, 3695500; 
519000, 3695500; 519000, 3695400; 518900, 3695400; 518900, 3695300; 
518800, 3695300; 518800, 3695200; 518700, 3695200; 518700, 3695100; 
518800, 3695100; 518800, 3694900; 518600, 3694900; 518600, 3694800; 
518400, 3694800; 518400, 3694700; 518100, 3694700; 518100, 3694800; 
517700, 3694800; 517700, 3694900; 517400, 3694900; 517400, 3695300; 
515900, 3695300; 515900, 3696100; 514200, 3696100; 514200, 3696900; 
514000, 3696900; 514000, 3696800; 513400, 3696800; 513400, 3698400; 
514300, 3698400; 514300, 3698500; 514200, 3698500; 514200, 3698600; 
514100, 3698600; 514100, 3698900; 513500, 3698900; 513500, 3699100; 
514000, 3699100; 514000, 3699200; 514100, 3699200; 514100, 3699100; 
514300, 3699100; 514300, 3699000; 514400, 3699000; 514400, 3699100; 
514500, 3699100; 514500, 3699200; 514600, 3699200; 514600, 3699300; 
514700, 3699300; 514700, 3699400; 514600, 3699400; 514600, 3699500; 
514300, 3699500; 514300, 3699300; 514100, 3699300; 514100, 3699400; 
514200, 3699400; 514200, 3699500; 514100, 3699500; 514100, 3699700; 
514000, 3699700; 514000, 3699800; 513900, 3699800; 513900, 3699900; 
513600, 3699900; 513600, 3700000; 513800, 3700000; 513800, 3700500; 
513900, 3700500; 513900, 3700600; 514000, 3700600; 514000, 3700500; 
514200, 3700500; 514200, 3700800; 514000, 3700800; 514000, 3701000; 
513900, 3701000; 513900, 3701200; 514000, 3701200; 514000, 3701100; 
514100, 3701100; 514100, 3701000; 514300, 3701000; 514300, 3701100; 
514400, 3701100; 514400, 3701000; 514600, 3701000; 514600, 3701300; 
514400, 3701300; 514400, 3701400; 514300, 3701400; 514300, 3701300; 
514000, 3701300; 514000, 3701400; 513800, 3701400; 513800, 3701300; 
513700, 3701300; 513700, 3701700; 513800, 3701700; 513800, 3702100; 
513700, 3702100; 513700, 3702200; 513800, 3702200; 513800, 3702400; 
513700, 3702400; 513700, 3702500; 513400, 3702500; 513400, 3702600; 
513500, 3702600; returning to 513500, 3702800; land bounded by 
490900, 3714600; 491300, 3714600; 491300, 3714500; 491400, 3714500; 
491400, 3714400; 491600, 3714400; 491600, 3714500; 492200, 3714500; 
492200, 3714200; 490900, 3714200; 490900, 3714600; land bounded by 
500900, 3712800; 501000, 3712800; 501000, 3712500; 500900, 3712500; 
500900, 3712800; land bounded by 501000, 3712500; 501100, 3712500; 
501100, 3712400; 501000, 3712400; 501000, 3712500; land bounded by 
507000, 3715900; 507200, 3715900; 507200, 3715800; 507000, 3715800; 
507000, 3715900; land bounded by 498200, 3707300; 498500, 3707300; 
498500, 3707200; 498600, 3707200; 498600, 3706800; 498700, 3706800; 
498700, 3706500; 498600, 3706500; 498600, 3706600; 498500, 3706600; 
498500, 3706700; 498300, 3706700; 498300, 3706900; 498200, 3706900; 
498200, 3707000; 498100, 3707000; 498100, 3707200; 498200, 3707200; 
498200, 3707300; land bounded by 508400, 3702400; 508500, 3702400; 
508500, 3702300; 508400, 3702300; 508400, 3702400; land bounded by 
512700, 3701200; 512900, 3701200; 512900, 3700900; 513200, 3700900; 
513200, 3700800; 513300, 3700800; 513300, 3700600; 513200, 3700600; 
513200, 3700400; 513100, 3700400; 513100, 3700100; 512900, 3700100; 
512900, 3700200; 512600, 3700200; 512600, 3700300; 512400, 3700300; 
512400, 3700400; 512200, 3700400; 512200, 3700500; 512300, 3700500; 
512300, 3700800; 512200, 3700800; 512200, 3700900; 512600, 3700900; 
512600, 3701000; 512700, 3701000; 512700, 3701200; land bounded by 
510800, 3700500; 511000, 3700500; 511000, 3700400; 510800, 3700400; 
510800, 3700500; land bounded by 513400, 3699200; 513500, 3699200; 
513500, 3699100; 513400, 3699100; 513400, 3699200; land bounded by 
518200, 3700500; 518300, 3700500; 518300, 3700400; 518200, 3700400; 
518200, 3700500; land bounded by 514700, 3705100; 514800, 3705100; 
514800, 3704900; 514700, 3704900; 514700, 3705100; excluding land 
bounded by 495800, 3721300; 495700, 3721300; 495700, 3721400; 
495500, 3721400; 495500, 3721100; 495600, 3721100; 495600, 3721000; 
495800, 3721000; 495800, 3721300; land bounded by 507500, 3712300; 
507800, 3712300; 507800, 3712400; 508000, 3712400; 508000, 3712300; 
508100, 3712300; 508100, 3712400; 508200, 3712400; 508200, 3712700; 
508000, 3712700; 508000, 3712500; 507800, 3712500; 507800, 3712600; 
507500, 3712600; 507500, 3712300; land bounded by 507500, 3712300; 
507400, 3712300; 507400, 3712200; 507300, 3712200; 507300, 3712000; 
507200, 3712000; 507200, 3712100; 506900, 3712100; 506900, 3711900; 
507100, 3711900; 507100, 3711800; 507200, 3711800; 507200, 3711600; 
507300, 3711600; 507300, 3711800; 507400, 3711800; 507400, 3711900; 
507500, 3711900; 507500, 3711400; 507600, 3711400; 507600, 3711300; 
507800, 3711300; 507800, 3711700; 507700, 3711700; 507700, 3711900; 
507600, 3711900; 507600, 3712100; 507500, 3712100; 507500, 3712300; 
land bounded by 505400, 3712000; 505800, 3712000; 505800, 3712300; 
505700, 3712300; 505700, 3712400; 505500, 3712400; 505500, 3712200; 
505400, 3712200; 505400, 3712000; land bounded by 520900, 3706000; 
520900, 3705600; 521100, 3705600; 521100, 3705700; 521200, 3705700; 
521200, 3705600; 521400,

[[Page 18390]]

3705600; 521400, 3705700; 521300, 3705700; 521300, 3705800; 521200, 
3705800; 521200, 3706000; 520900, 3706000; land bounded by 520900, 
3706000; 520900, 3706100; 521300, 3706100; 521300, 3706300; 521200, 
3706300; 521200, 3706400; 521000, 3706400; 521000, 3706200; 520900, 
3706200; 520900, 3706300; 520700, 3706300; 520700, 3706100; 520800, 
3706100; 520800, 3706000; 520900, 3706000; land bounded by 523700, 
3705400; 523700, 3705300; 523800, 3705300; 523800, 3705200; 524300, 
3705200; 524300, 3705500; 523900, 3705500; 523900, 3705400; 523700, 
3705400; land bounded by 523700, 3705400; 523700, 3705800; 523000, 
3705800; 523000, 3705600; 523100, 3705600; 523100, 3705500; 523300, 
3705500; 523300, 3705700; 523400, 3705700; 523400, 3705500; 523500, 
3705500; 523500, 3705400; 523700, 3705400; land bounded by 513500, 
3702800; 513800, 3702800; 513800, 3703200; 513500, 3703200; 513500, 
3702800; land bounded by 495800, 3721300; 495900, 3721300; 495900, 
3721200; 496000, 3721200; 496000, 3721100; 496300, 3721100; 496300, 
3721300; 496200, 3721300; 496200, 3721400; 496100, 3721400; 496100, 
3721500; 495800, 3721500; 495800, 3721300; land bounded by 493600, 
3719600; 493600, 3719500; 493500, 3719500; 493500, 3719000; 493800, 
3719000; 493800, 3719100; 493900, 3719100; 493900, 3719200; 494000, 
3719200; 494000, 3719400; 493900, 3719400; 493900, 3719500; 493700, 
3719500; 493700, 3719600; 493600, 3719600; land bounded by 494200, 
3719600; 494200, 3719300; 494500, 3719300; 494500, 3719500; 494400, 
3719500; 494400, 3719600; 494200, 3719600; land bounded by 499900, 
3717900; 499900, 3717800; 499600, 3717800; 499600, 3717600; 500100, 
3717600; 500100, 3717700; 500200, 3717700; 500200, 3717800; 500100, 
3717800; 500100, 3717900; 499900, 3717900; land bounded by 502800, 
3717700; 502800, 3717400; 503200, 3717400; 503200, 3717600; 503000, 
3717600; 503000, 3717700; 502800, 3717700; land bounded by 502100, 
3717400; 502100, 3717200; 502200, 3717200; 502200, 3717100; 502000, 
3717100; 502000, 3716900; 502200, 3716900; 502200, 3717000; 502400, 
3717000; 502400, 3717400; 502100, 3717400; land bounded by 502100, 
3716500; 502100, 3716400; 502000, 3716400; 502000, 3716300; 502100, 
3716300; 502100, 3716200; 502300, 3716200; 502300, 3716300; 502400, 
3716300; 502400, 3716500; 502100, 3716500; land bounded by 506300, 
3715600; 506300, 3715500; 506200, 3715500; 506200, 3715300; 506300, 
3715300; 506300, 3715100; 506400, 3715100; 506400, 3715200; 506500, 
3715200; 506500, 3715500; 506400, 3715500; 506400, 3715600; 506300, 
3715600; land bounded by 496600, 3715300; 496600, 3714700; 496700, 
3714700; 496700, 3714600; 496800, 3714600; 496800, 3715200; 496700, 
3715200; 496700, 3715300; 496600, 3715300; land bounded by 494600, 
3714700; 494600, 3714100; 495600, 3714100; 495600, 3714200; 495900, 
3714200; 495900, 3714100; 496400, 3714100; 496400, 3714700; 494600, 
3714700; land bounded by 507200, 3714700; 507200, 3714600; 507000, 
3714600; 507000, 3714500; 506900, 3714500; 506900, 3714400; 507400, 
3714400; 507400, 3714700; 507200, 3714700; land bounded by 505100, 
3714600; 505100, 3714300; 505200, 3714300; 505200, 3714200; 505400, 
3714200; 505400, 3714100; 505600, 3714100; 505600, 3714200; 505700, 
3714200; 505700, 3714400; 505600, 3714400; 505600, 3714500; 505300, 
3714500; 505300, 3714600; 505100, 3714600; land bounded by 502000, 
3714200; 502000, 3714100; 501900, 3714100; 501900, 3714000; 501700, 
3714000; 501700, 3713800; 501900, 3713800; 501900, 3713600; 502100, 
3713600; 502100, 3713700; 502200, 3713700; 502200, 3713900; 502300, 
3713900; 502300, 3714000; 502200, 3714000; 502200, 3714100; 502100, 
3714100; 502100, 3714200; 502000, 3714200; land bounded by 504100, 
3714200; 504100, 3714000; 504400, 3714000; 504400, 3714200; 504100, 
3714200; land bounded by 507100, 3714200; 507100, 3713900; 507300, 
3713900; 507300, 3713800; 507600, 3713800; 507600, 3713900; 507700, 
3713900; 507700, 3714000; 508000, 3714000; 508000, 3714200; 507500, 
3714200; 507500, 3714100; 507400, 3714100; 507400, 3714200; 507100, 
3714200; land bounded by 503500, 3714100; 503500, 3714000; 503600, 
3714000; 503600, 3713900; 503900, 3713900; 503900, 3714100; 503500, 
3714100; land bounded by 506100, 3714100; 506100, 3713800; 506200, 
3713800; 506200, 3713700; 506300, 3713700; 506300, 3713800; 506400, 
3713800; 506400, 3714100; 506100, 3714100; land bounded by 505000, 
3713900; 505000, 3713800; 504900, 3713800; 504900, 3713500; 505100, 
3713500; 505100, 3713600; 505200, 3713600; 505200, 3713900; 505000, 
3713900; land bounded by 506700, 3713600; 506700, 3713300; 507000, 
3713300; 507000, 3713600; 506700, 3713600; land bounded by 502100, 
3713500; 502100, 3713100; 502300, 3713100; 502300, 3713200; 502400, 
3713200; 502400, 3713300; 502300, 3713300; 502300, 3713500; 502100, 
3713500; land bounded by 509100, 3712200; 509100, 3711300; 509600, 
3711300; 509600, 3711400; 509700, 3711400; 509700, 3711300; 510000, 
3711300; 510000, 3711500; 509900, 3711500; 509900, 3711600; 509800, 
3711600; 509800, 3711800; 509600, 3711800; 509600, 3712200; 509100, 
3712200; land bounded by 506000, 3711900; 506000, 3711800; 505800, 
3711800; 505800, 3711600; 505700, 3711600; 505700, 3711500; 505800, 
3711500; 505800, 3711400; 505900, 3711400; 505900, 3711500; 506100, 
3711500; 506100, 3711700; 506200, 3711700; 506200, 3711800; 506100, 
3711800; 506100, 3711900; 506000, 3711900; land bounded by 507200, 
3711300; 507200, 3711100; 507100, 3711100; 507100, 3710800; 507400, 
3710800; 507400, 3711300; 507200, 3711300; land bounded by 508800, 
3711300; 508800, 3711000; 508600, 3711000; 508600, 3710900; 508900, 
3710900; 508900, 3710600; 509100, 3710600; 509100, 3710900; 509700, 
3710900; 509700, 3711000; 509800, 3711000; 509800, 3711100; 509600, 
3711100; 509600, 3711200; 509200, 3711200; 509200, 3711100; 509000, 
3711100; 509000, 3711300; 508800, 3711300; land bounded by 505900, 
3711100; 505900, 3710800; 506200, 3710800; 506200, 3711000; 506100, 
3711000; 506100, 3711100; 505900, 3711100; land bounded by 508200, 
3710700; 508200, 3710600; 508000, 3710600; 508000, 3710000; 507900, 
3710000; 507900, 3709200; 508000, 3709200; 508000, 3709300; 508100, 
3709300; 508100, 3709400; 508200, 3709400; 508200, 3709700; 508400, 
3709700; 508400, 3709900; 508300, 3709900; 508300, 3710000; 508200, 
3710000; 508200, 3710100; 508500, 3710100; 508500, 3710200; 508600, 
3710200; 508600, 3710500; 508700, 3710500; 508700, 3710700; 508200, 
3710700; land bounded by 509900, 3710600; 509900, 3710400; 510200, 
3710400; 510200, 3710600; 509900, 3710600; land bounded by 509500, 
3710200; 509500, 3710000; 509400, 3710000; 509400, 3709700; 509600, 
3709700; 509600, 3709800; 509700, 3709800; 509700, 3709600; 510000, 
3709600; 510000, 3710000; 509900, 3710000; 509900, 3710100; 509800, 
3710100; 509800, 3710200; 509500, 3710200; land bounded by 508700, 
3709900; 508700, 3709800; 508500, 3709800; 508500, 3709600; 508900, 
3709600; 508900, 3709800; 509000, 3709800; 509000, 3709900; 508700, 
3709900; land bounded by 499100, 3708600; 499100, 3708500; 499000, 
3708500; 499000, 3708400; 498900, 3708400; 498900, 3708300; 499100, 
3708300; 499100, 3708200; 499000, 3708200; 499000, 3708000; 499100, 
3708000; 499100, 3707900; 499600, 3707900; 499600, 3708100; 499500, 
3708100; 499500, 3708200; 499700, 3708200; 499700, 3708300; 499800, 
3708300; 499800, 3708500; 499400, 3708500; 499400, 3708300; 499300, 
3708300; 499300, 3708500; 499200, 3708500; 499200, 3708600; 499100, 
3708600; land bounded by 512300, 3708500; 512300, 3708100; 512900, 
3708100; 512900, 3707800; 512700, 3707800; 512700, 3707600; 513000, 
3707600; 513000, 3707500; 512800, 3707500; 512800, 3707400; 512700, 
3707400; 512700, 3707200; 512900, 3707200; 512900, 3707300; 513000, 
3707300; 513000, 3707100; 513100, 3707100; 513100, 3707000; 513200, 
3707000; 513200, 3707400; 513400, 3707400; 513400, 3707700; 513300, 
3707700; 513300, 3707800; 513100, 3707800; 513100, 3707900; 513200, 
3707900; 513200, 3708100; 513300, 3708100; 513300, 3708300; 513200, 
3708300; 513200, 3708400; 513100, 3708400; 513100, 3708500; 512800, 
3708500; 512800, 3708400; 512600, 3708400; 512600, 3708500; 512300, 
3708500; land bounded by 505900, 3708300; 505900, 3708100; 506000, 
3708100; 506000, 3708000; 506300, 3708000; 506300, 3708300; 505900, 
3708300; land bounded by 507200, 3708000; 507200, 3707800; 507100, 
3707800; 507100, 3707700; 507300, 3707700; 507300, 3707600; 507500, 
3707600; 507500, 3707900; 507400, 3707900; 507400, 3708000; 507200, 
3708000; land bounded by 511800, 3707900; 511800, 3707700; 512000, 
3707700; 512000, 3707800; 512100, 3707800; 512100, 3707900; 511800, 
3707900; land bounded by 512200, 3707800; 512200, 3707600; 512100, 
3707600; 512100, 3707300; 512300, 3707300; 512300, 3707200; 511900, 
3707200; 511900, 3706800; 511800, 3706800; 511800, 3706700; 511700, 
3706700; 511700, 3706500; 511800, 3706500; 511800, 3706400; 512100, 
3706400; 512100, 3706500; 512200, 3706500; 512200, 3706600; 512100, 
3706600; 512100, 3706700; 512300, 3706700; 512300, 3706800; 512500, 
3706800; 512500, 3707100; 512600, 3707100; 512600, 3707400; 512400, 
3707400; 512400, 3707600; 512300, 3707600; 512300, 3707800; 512200, 
3707800; land bounded by 508100, 3707500; 508100, 3707200; 508400, 
3707200; 508400, 3707500; 508100, 3707500; land bounded by 509300, 
3707300; 509300, 3707200; 509200, 3707200; 509200, 3707100; 509300, 
3707100; 509300, 3707000; 509400, 3707000; 509400, 3707100; 509500, 
3707100; 509500, 3707000; 509700, 3707000; 509700, 3707300; 509500, 
3707300; 509500, 3707200; 509400, 3707200; 509400, 3707300; 509300, 
3707300; land bounded by 506900, 3707100; 506900, 3707000; 506800, 
3707000; 506800, 3706900; 506900, 3706900; 506900, 3706800; 507100,

[[Page 18391]]

3706800; 507100, 3706700; 507200, 3706700; 507200, 3706800; 507300, 
3706800; 507300, 3706900; 507200, 3706900; 507200, 3707100; 506900, 
3707100; land bounded by 508300, 3707100; 508300, 3706800; 508600, 
3706800; 508600, 3707100; 508300, 3707100; land bounded by 513500, 
3706800; 513500, 3706600; 513700, 3706600; 513700, 3706500; 513900, 
3706500; 513900, 3706800; 513500, 3706800; land bounded by 520000, 
3706300; 520000, 3706000; 520300, 3706000; 520300, 3706300; 520000, 
3706300; land bounded by 528300, 3706200; 528300, 3705900; 528600, 
3705900; 528600, 3706200; 528300, 3706200; land bounded by 519300, 
3706100; 519300, 3705700; 519400, 3705700; 519400, 3705600; 519800, 
3705600; 519800, 3705900; 519500, 3705900; 519500, 3706100; 519300, 
3706100; land bounded by 509100, 3705900; 509100, 3705700; 509200, 
3705700; 509200, 3705400; 509400, 3705400; 509400, 3705700; 509300, 
3705700; 509300, 3705800; 509200, 3705800; 509200, 3705900; 509100, 
3705900; land bounded by 508000, 3705800; 508000, 3705600; 507900, 
3705600; 507900, 3705400; 508000, 3705400; 508000, 3705300; 508100, 
3705300; 508100, 3705200; 508200, 3705200; 508200, 3705100; 508400, 
3705100; 508400, 3705000; 508600, 3705000; 508600, 3705200; 508500, 
3705200; 508500, 3705300; 508600, 3705300; 508600, 3705600; 508400, 
3705600; 508400, 3705500; 508200, 3705500; 508200, 3705600; 508300, 
3705600; 508300, 3705700; 508200, 3705700; 508200, 3705800; 508000, 
3705800; land bounded by 506500, 3705400; 506500, 3705300; 506700, 
3705300; 506700, 3705200; 506900, 3705200; 506900, 3705100; 507100, 
3705100; 507100, 3705000; 507300, 3705000; 507300, 3704900; 507500, 
3704900; 507500, 3704800; 507700, 3704800; 507700, 3704700; 507600, 
3704700; 507600, 3704600; 507700, 3704600; 507700, 3704500; 507800, 
3704500; 507800, 3704600; 507900, 3704600; 507900, 3704800; 508000, 
3704800; 508000, 3704900; 507700, 3704900; 507700, 3705000; 507500, 
3705000; 507500, 3705100; 507200, 3705100; 507200, 3705200; 507000, 
3705200; 507000, 3705300; 506800, 3705300; 506800, 3705400; 506500, 
3705400; land bounded by 514800, 3705400; 514800, 3705200; 514700, 
3705200; 514700, 3705300; 514500, 3705300; 514500, 3705200; 514400, 
3705200; 514400, 3705000; 514200, 3705000; 514200, 3704800; 514400, 
3704800; 514400, 3704700; 514700, 3704700; 514700, 3704600; 514800, 
3704600; 514800, 3704900; 515200, 3704900; 515200, 3705100; 515100, 
3705100; 515100, 3705200; 515000, 3705200; 515000, 3705300; 514900, 
3705300; 514900, 3705400; 514800, 3705400; land bounded by 519500, 
3705300; 519500, 3705200; 519300, 3705200; 519300, 3704900; 519500, 
3704900; 519500, 3705000; 519600, 3705000; 519600, 3704900; 519800, 
3704900; 519800, 3705300; 519500, 3705300; land bounded by 524300, 
3705100; 524300, 3705000; 524100, 3705000; 524100, 3704800; 524500, 
3704800; 524500, 3704900; 524600, 3704900; 524600, 3704800; 524700, 
3704800; 524700, 3704700; 524900, 3704700; 524900, 3705000; 524700, 
3705000; 524700, 3705100; 524300, 3705100; land bounded by 529100, 
3705000; 529100, 3704800; 529200, 3704800; 529200, 3704600; 529400, 
3704600; 529400, 3704900; 529300, 3704900; 529300, 3705000; 529100, 
3705000; land bounded by 509400, 3704900; 509400, 3704700; 510000, 
3704700; 510000, 3704600; 509900, 3704600; 509900, 3704500; 509800, 
3704500; 509800, 3704300; 510100, 3704300; 510100, 3704600; 510600, 
3704600; 510600, 3704800; 509600, 3704800; 509600, 3704900; 509400, 
3704900; land bounded by 516600, 3704800; 516600, 3704700; 516500, 
3704700; 516500, 3704500; 516600, 3704500; 516600, 3704400; 516800, 
3704400; 516800, 3704700; 516700, 3704700; 516700, 3704800; 516600, 
3704800; land bounded by 508200, 3704600; 508200, 3704500; 508000, 
3704500; 508000, 3704300; 508200, 3704300; 508200, 3704100; 508100, 
3704100; 508100, 3703900; 508000, 3703900; 508000, 3704000; 507900, 
3704000; 507900, 3703900; 507800, 3703900; 507800, 3703600; 508100, 
3703600; 508100, 3703800; 508200, 3703800; 508200, 3704000; 508300, 
3704000; 508300, 3703700; 508400, 3703700; 508400, 3704100; 508500, 
3704100; 508500, 3704200; 508400, 3704200; 508400, 3704300; 508600, 
3704300; 508600, 3704500; 508400, 3704500; 508400, 3704600; 508200, 
3704600; land bounded by 525900, 3704600; 525900, 3704500; 525600, 
3704500; 525600, 3704300; 525400, 3704300; 525400, 3704100; 525500, 
3704100; 525500, 3704000; 525400, 3704000; 525400, 3703900; 525300, 
3703900; 525300, 3703700; 525400, 3703700; 525400, 3703600; 525600, 
3703600; 525600, 3703500; 525800, 3703500; 525800, 3703600; 525900, 
3703600; 525900, 3703800; 525700, 3703800; 525700, 3703900; 525600, 
3703900; 525600, 3704000; 525700, 3704000; 525700, 3704200; 526000, 
3704200; 526000, 3704300; 526100, 3704300; 526100, 3704600; 525900, 
3704600; land bounded by 514500, 3704400; 514500, 3704200; 514600, 
3704200; 514600, 3704100; 514900, 3704100; 514900, 3704400; 514500, 
3704400; land bounded by 509700, 3704200; 509700, 3704000; 509900, 
3704000; 509900, 3703900; 510100, 3703900; 510100, 3704100; 510000, 
3704100; 510000, 3704200; 509700, 3704200; land bounded by 520600, 
3704100; 520600, 3703800; 520900, 3703800; 520900, 3704100; 520600, 
3704100; land bounded by 526700, 3703600; 526700, 3703300; 526900, 
3703300; 526900, 3703400; 527000, 3703400; 527000, 3703500; 526900, 
3703500; 526900, 3703600; 526700, 3703600; land bounded by 529000, 
3703600; 529000, 3703500; 528900, 3703500; 528900, 3703300; 529300, 
3703300; 529300, 3703500; 529200, 3703500; 529200, 3703600; 529000, 
3703600; land bounded by 513100, 3703400; 513100, 3703100; 513400, 
3703100; 513400, 3703300; 513300, 3703300; 513300, 3703400; 513100, 
3703400; land bounded by 521600, 3703300; 521600, 3703100; 522000, 
3703100; 522000, 3703000; 522100, 3703000; 522100, 3703200; 522000, 
3703200; 522000, 3703300; 521600, 3703300; land bounded by 525300, 
3703300; 525300, 3703100; 525200, 3703100; 525200, 3702900; 525500, 
3702900; 525500, 3703000; 525700, 3703000; 525700, 3703300; 525300, 
3703300; land bounded by 525900, 3703300; 525900, 3703200; 525800, 
3703200; 525800, 3703000; 526100, 3703000; 526100, 3703300; 525900, 
3703300; land bounded by 519400, 3703100; 519400, 3702700; 519600, 
3702700; 519600, 3702600; 519700, 3702600; 519700, 3702700; 520200, 
3702700; 520200, 3702800; 520700, 3702800; 520700, 3702900; 521000, 
3702900; 521000, 3703100; 520900, 3703100; 520900, 3703000; 520100, 
3703000; 520100, 3702900; 519700, 3702900; 519700, 3702800; 519600, 
3702800; 519600, 3703100; 519400, 3703100; land bounded by 521300, 
3702800; 521300, 3702600; 521500, 3702600; 521500, 3702500; 521800, 
3702500; 521800, 3702800; 521700, 3702800; 521700, 3702700; 521600, 
3702700; 521600, 3702800; 521300, 3702800; land bounded by 515200, 
3702200; 515200, 3702000; 515600, 3702000; 515600, 3702200; 515200, 
3702200; land bounded by 514200, 3702000; 514200, 3701800; 514300, 
3701800; 514300, 3701600; 514500, 3701600; 514500, 3701700; 514600, 
3701700; 514600, 3701800; 514500, 3701800; 514500, 3701900; 514400, 
3701900; 514400, 3702000; 514200, 3702000; and land bounded by 
515200, 3698700; 515200, 3698400; 515600, 3698400; 515600, 3698600; 
515500, 3698600; 515500, 3698700; 515200, 3698700. In the vicinity 
of Murrieta, lands bounded by the following UTM NAD27 coordinates 
(E, N): 486700, 3722000; 487000, 3722000; 487000, 3721700; 486900, 
3721700; 486900, 3721800; 486800, 3721800; 486800, 3721900; 486700, 
3721900; 486700, 3722000; land bounded by 484200, 3716600; 484300, 
3716600; 484300, 3716500; 484500, 3716500; 484500, 3716400; 484800, 
3716400; 484800, 3715900; 484600, 3715900; 484600, 3715700; 484500, 
3715700; 484500, 3715600; 484400, 3715600; 484400, 3715500; 484300, 
3715500; 484300, 3715400; 484200, 3715400; 484200, 3715700; 484300, 
3715700; 484300, 3716000; 484400, 3716000; 484400, 3716200; 484200, 
3716200; 484200, 3716600; land bounded by 484500, 3714800; 484600, 
3714800; 484600, 3714700; 484900, 3714700; 484900, 3714500; 484800, 
3714500; 484800, 3714600; 484500, 3714600; 484500, 3714800; land 
bounded by 487900, 3717400; 488200, 3717400; 488200, 3717300; 
488000, 3717300; 488000, 3717100; 488200, 3717100; 488200, 3717000; 
488100, 3717000; 488100, 3716800; 487900, 3716800; 487900, 3716500; 
488100, 3716500; 488100, 3716300; 488000, 3716300; 488000, 3715900; 
488200, 3715900; 488200, 3715800; 487400, 3715800; 487400, 3716300; 
487200, 3716300; 487200, 3716200; 487000, 3716200; 487000, 3716100; 
486900, 3716100; 486900, 3715800; 487000, 3715800; 487000, 3715700; 
487100, 3715700; 487100, 3715600; 487200, 3715600; 487200, 3715500; 
487100, 3715500; 487100, 3715400; 486600, 3715400; 486600, 3715300; 
486400, 3715300; 486400, 3715200; 486300, 3715200; 486300, 3715100; 
486200, 3715100; 486200, 3714900; 485900, 3714900; 485900, 3714800; 
485800, 3714800; 485800, 3714700; 485700, 3714700; 485700, 3714200; 
485100, 3714200; 485100, 3714300; 484900, 3714300; 484900, 3714200; 
484800, 3714200; 484800, 3714400; 484900, 3714400; 484900, 3714500; 
485200, 3714500; 485200, 3714400; 485300, 3714400; 485300, 3714300; 
485400, 3714300; 485400, 3714400; 485500, 3714400; 485500, 3714700; 
485400, 3714700; 485400, 3714900; 485800, 3714900; 485800, 3715100; 
485600, 3715100; 485600, 3715000; 485200, 3715000; 485200, 3715100; 
484900, 3715100; 484900, 3715000; 484800, 3715000; 484800, 3715100; 
484700, 3715100; 484700, 3715300; 484800, 3715300; 484800, 3715400; 
484900, 3715400; 484900, 3715200; 485200, 3715200; 485200, 3715300; 
485300, 3715300; 485300, 3715400; 485500, 3715400; 485500, 3715300; 
485700, 3715300; 485700, 3715700; 485800, 3715700; 485800, 3715800; 
485700, 3715800; 485700, 3716200; 485400, 3716200; 485400, 3716400; 
485900, 3716400; 485900, 3717000; 485300,

[[Page 18392]]

3717000; 485300, 3716700; 485100, 3716700; 485100, 3716600; 485000, 
3716600; 485000, 3717300; 485800, 3717300; 485800, 3717200; 486000, 
3717200; 486000, 3717000; 486100, 3717000; 486100, 3716900; 486200, 
3716900; 486200, 3716700; 486100, 3716700; 486100, 3716400; 486300, 
3716400; 486300, 3716500; 486400, 3716500; 486400, 3716600; 486500, 
3716600; 486500, 3716800; 486700, 3716800; 486700, 3717000; 486800, 
3717000; 486800, 3717100; 486900, 3717100; 486900, 3716500; 487400, 
3716500; 487400, 3716600; 487500, 3716600; 487500, 3716700; 487600, 
3716700; 487600, 3717000; 487400, 3717000; 487400, 3717100; 487600, 
3717100; 487600, 3717200; 487800, 3717200; 487800, 3717100; 487900, 
3717100; 487900, 3717400; land bounded by 488700, 3715400; 488900, 
3715400; 488900, 3715300; 489000, 3715300; 489000, 3715000; 489100, 
3715000; 489100, 3714900; 489000, 3714900; 489000, 3714800; 488700, 
3714800; 488700, 3714500; 488900, 3714500; 488900, 3714300; 488700, 
3714300; 488700, 3714000; 488900, 3714000; 488900, 3713900; 489000, 
3713900; 489000, 3714000; 489100, 3714000; 489100, 3712900; 488900, 
3712900; 488900, 3712600; 488800, 3712600; 488800, 3712700; 488700, 
3712700; 488700, 3713200; 488000, 3713200; 488000, 3713000; 487900, 
3713000; 487900, 3712900; 487800, 3712900; 487800, 3712800; 487600, 
3712800; 487600, 3712900; 487700, 3712900; 487700, 3713000; 487800, 
3713000; 487800, 3713100; 487900, 3713100; 487900, 3714100; 488200, 
3714100; 488200, 3714300; 488300, 3714300; 488300, 3714800; 488400, 
3714800; 488400, 3715200; 488500, 3715200; 488500, 3715300; 488700, 
3715300; 488700, 3715400; land bounded by 489200, 3714300; 489500, 
3714300; 489500, 3714200; 489200, 3714200; 489200, 3714300; land 
bounded by 489400, 3714900; 489800, 3714900; 489800, 3714200; 
489700, 3714200; 489700, 3714600; 489500, 3714600; 489500, 3714700; 
489400, 3714700; 489400, 3714900; and land bounded by 487800, 
3717600; 487800, 3717500; 487600, 3717500; 487600, 3717400; 487400, 
3717400; 487400, 3717500; 486300, 3717500; 486300, 3717600; 486200, 
3717600; 486200, 3717800; 485800, 3717800; 485800, 3718600; 486000, 
3718600; 486000, 3718800; 485900, 3718800; 485900, 3718900; 485800, 
3718900; 485800, 3719000; 485000, 3719000; 485000, 3719700; 485100, 
3719700; 485100, 3719900; 485200, 3719900; 485200, 3720100; 485300, 
3720100; 485300, 3720300; 485400, 3720300; 485400, 3720500; 485500, 
3720500; 485500, 3720600; 485800, 3720600; 485800, 3721300; 485900, 
3721300; 485900, 3721400; 486100, 3721400; 486100, 3721200; 486500, 
3721200; 486500, 3721400; 486800, 3721400; 486800, 3721500; 486900, 
3721500; 486900, 3721300; 487100, 3721300; 487100, 3721400; 487600, 
3721400; 487600, 3721200; 487700, 3721200; 487700, 3720900; 487500, 
3720900; 487500, 3721000; 487300, 3721000; 487300, 3720800; 487100, 
3720800; 487100, 3720700; 487000, 3720700; 487000, 3720600; 486800, 
3720600; 486800, 3720700; 486700, 3720700; 486700, 3720600; 486400, 
3720600; 486400, 3720400; 486500, 3720400; 486500, 3720300; 486900, 
3720300; 486900, 3720100; 487000, 3720100; 487000, 3719800; 487200, 
3719800; 487200, 3720000; 487300, 3720000; 487300, 3720100; 487400, 
3720100; 487400, 3720700; 487500, 3720700; 487500, 3720600; 487700, 
3720600; 487700, 3720700; 487800, 3720700; 487800, 3720200; 487900, 
3720200; 487900, 3720000; 487600, 3720000; 487600, 3719900; 487500, 
3719900; 487500, 3719700; 487700, 3719700; 487700, 3719800; 488000, 
3719800; 488000, 3719400; 488100, 3719400; 488100, 3719000; 488200, 
3719000; 488200, 3718600; 488300, 3718600; 488300, 3718200; 488400, 
3718200; 488400, 3718000; 488300, 3718000; 488300, 3717700; 488000, 
3717700; 488000, 3717600; 487800, 3717600; excluding land bounded by 
487800, 3717600; 487800, 3717700; 487900, 3717700; 487900, 3717900; 
487500, 3717900; 487500, 3717700; 487600, 3717700; 487600, 3717600; 
487800, 3717600; land bounded by 488200, 3718600; 488100, 3718600; 
488100, 3718700; 487900, 3718700; 487900, 3718500; 487700, 3718500; 
487700, 3718600; 487500, 3718600; 487500, 3718300; 487600, 3718300; 
487600, 3718100; 487800, 3718100; 487800, 3718200; 487900, 3718200; 
487900, 3718300; 488100, 3718300; 488100, 3718400; 488200, 3718400; 
488200, 3718600; and land bounded by 485900, 3718400; 485900, 
3718100; 486200, 3718100; 486200, 3718000; 486300, 3718000; 486300, 
3718100; 486400, 3718100; 486400, 3718200; 486200, 3718200; 486200, 
3718300; 486100, 3718300; 486100, 3718400; 485900, 3718400.
    (iv) Map Unit 2 follows:
    [GRAPHIC] [TIFF OMITTED] TR15AP02.002
    

[[Page 18393]]


    (8) Unit 3: Otay, San Diego County, California.
    (i) From USGS 1:24,000 quadrangle maps Dulzura, Jamul Mountains, 
Potrero, Tecate, Otay Mountain, Imperial Beach, and Otay Mesa. 
Beginning at the U.S./Mexico border at UTM NAD27 x-coordinate 507800 
thence north along the following UTM NAD27 coordinates (E, N): 
507800, 3601600 ; 507900, 3601600; 507900, 3602100; 508100, 3602100; 
508100, 3602200; 508700, 3602200; 508700, 3602400; 508600, 3602400; 
508600, 3602700; 508200, 3602700; 508200, 3603200; 508100, 3603200; 
508100, 3603400; 508000, 3603400; 508000, 3603600; 508100, 3603600; 
508100, 3603700; 508200, 3603700; 508200, 3603800; 508400, 3603800; 
thence north to the County of San Diego Major Amendment (CSDMA) 
boundary at UTM x-coordinate 508400; thence northwest following the 
CSDMA boundary to UTM x-coordinate 508300; thence south and 
returning north following UTM coordinates 508300, 3604000; 507900, 
3604000; 507900, 3604100; 508000, 3604100; 508000, 3604600; 508100, 
3604600; 508100, 3604700; thence east to the CSDMA boundary at UTM 
y-coordinate 3604700; thence north along the CSDMA boundary to the 
Multiple Habitat Planning Area (MHPA) boundary; thence northwestward 
along the
MHPA boundary to CSDMA boundary; thence around the CSDMA boundary to 
the MHPA boundary; thence northward along the MHPA boundary to UTM 
y-coordinate 3606500; thence west to UTM coordinates (E, N): 506700, 
3606500; thence north to the City of Chula Vista Preserve Design 
(CCVPD) boundary at UTM x-coordinate 506700; thence southwestward 
along the CCVPD boundary to the MHPA, thence south to the CSDMA 
boundary; thence around the CSDMA boundary to the MHPA boundary; 
thence along the MHPA boundary to UTM y-coordinate 3604500; thence 
east following UTM coordinates 504600, 3604500; 504600, 3604600; 
503700, 3604600; thence north to the MHPA boundary at UTM x-
coordinate 503700; thence west along the MHPA boundary and 
continuing along Federal lands boundaries; thence west and north 
along the Federal lands boundaries to the MHPA boundary; thence 
westward along the MHPA boundary to Otay Mesa Road; thence west 
along Otay Mesa Road to the MHPA boundary; thence northward along 
the MHPA
boundary to UTM x-coordinate 498900; thence south and following UTM 
coordinates 498900, 3603400; 498800, 3603400; 498800, 3603500; 
498700, 3603500; 498700, 3603700; 498800, 3603700; thence south to 
the MHPA boundary at UTM x-coordinate 498800; thence northward along 
the MHPA boundary to UTM y-coordinate 3604200; thence east and 
following UTM coordinates 498600, 3604200; 498600, 3604700; 498500, 
3604700; 498500, 3605400; 498700, 3605400; thence to the MHPA 
boundary at UTM x-coordinate 498700; thence east and back west along 
the CCVPD boundary to UTM x-coordinate 489700; thence south and 
following UTM coordinates 498700, 3605700; 498600, 3605700; 498600, 
3606100; 498700, 3606100; thence south to the CCVPD boundary at UTM 
x-coordinate 498700; thence eastward along the CCVPD boundary to the 
MHPA boundary; thence northward along the MHPA boundary to UTM x-
coordinate 506400; thence west and following UTM coordinates 506400, 
3607900; 506300, 3607900; 506300, 3608100; thence east to the MHPA 
boundary at UTM y-coordinate 3608100; thence northward along the 
MHPA to UTM x-coordinate 505900; thence north along UTM x-coordinate 
505900 to the CCVPD; thence north and east along the CCVPD boundary 
to
UTM x-coordinate 506200; thence north to UTM coordinates (E,N) 
506200, 3614200, thence east to the CCVPD boundary at UTM y-
coordinate 3614200; thence north and east along the CCVPD boundary 
to the MHPA boundary; thence north along the MHPA boundary to UTM x-
coordinate 503800; thence south and following UTM coordinates 
503800, 3614900; 503000, 3614900; thence north to the SDNWR boundary 
at UTM x-coordinate 503000; thence around the SDNWR boundary to the 
MHPA boundary; thence southeastward along the MHPA boundary to the 
SDNWR boundary; thence northeastward and returning southwestward 
along the SDNWR boundary to the MHPA boundary; thence south along 
the MHPA boundary to the CSDMA boundary; thence south along the 
CSDMA boundary to the MHPA boundary; thence north along the MHPA 
boundary to UTM y-coordinate 3620200; thence west and following UTM 
coordinates 507300, 3620200; 507300, 3620300; thence east to the 
MHPA boundary at UTM y-coordinate 3620300; thence north along the 
MHPA boundary to Highway 94; thence east along Highway 94 to the 
MHPA boundary; thence southeastward along the MHPA boundary to the 
SDNWR boundary; thence north along the SDNWR boundary to Highway 94; 
thence east along Highway 94 to the SDNWR boundary; thence south the 
SDNWR boundary to UTM y-coordinate 3619400; thence east and 
following UTM coordinates 510000, 3619400; 510000,
3618800; 509900, 3618800; thence north to the MHPA boundary at UTM 
x-coordinate 509900; thence west along the MHPA boundary to UTM x-
coordinate 509800; thence south and following UTM coordinates 
509800, 3618800; 509400, 3618800; thence north to the MHPA boundary 
at UTM x-coordinate 509400; thence west along the MHPA boundary to 
UTM x-coordinate 508800; thence south and following UTM coordinates 
508800, 3617800; 509500, 3617800; 509500, 3617700; 510200, 3617700; 
510200, 3617600; 510300, 3617600; 510300, 3617700; thence east to 
California Department of Fish and Game (CDFG) lands at UTM y-
coordinate 3617700; thence north and east along the CDFG lands to 
Highway 94; thence southeastward along Highway 94 to the MHPA 
boundary; thence west along the MHPA boundary to CDFG lands; thence 
south and west along the CDFG lands to the MHPA boundary; thence 
around the MHPA boundary to CDFG lands; thence along the CDFG lands 
to UTM x-coordinate 514900; thence south and following UTM 
coordinates 514900, 3612300; 515400, 3612300; 515400, 3612200; 
515300, 3612200; 515300, 3612100; 515100, 3612100; 515100, 3612000; 
515000, 3612000; 515000, 3611900; 515200, 3611900; 515200, 3611700; 
515400, 3611700; 515400, 3611600; 515600, 3611600; 515600, 3611700; 
515700, 3611700; 515700,
3611800; 516000, 3611800; 516000, 3611700; 516700, 3611700; 516700, 
3611800; 516800, 3611800; 516800, 3611700; 516900, 3611700; 516900, 
3611500; 517000, 3611500; 517000, 3611300; 516900, 3611300; 516900, 
3611100; 517100, 3611100; 517100, 3611200; 517300, 3611200; 517300, 
3611000; 517400, 3611000; 517400, 3610800; 517100, 3610800; 517100, 
3610600; 517000, 3610600; 517000, 3610500; 516900, 3610500; 516900, 
3610400; 516800, 3610400; 516800, 3610300; 516700, 3610300; 516700, 
3610100; 516800, 3610100; 516800, 3609900; 516900, 3609900; 516900, 
3609300; 517000, 3609300; 517000, 3609400; 517100, 3609400; 517100, 
3609600; 517200, 3609600; 517200, 3609900; 517100, 3609900; 517100, 
3610000; 517200, 3610000; 517200, 3610100; 517400, 3610100; 517400, 
3610000; 517600, 3610000; 517600, 3609900; 517700, 3609900; 517700, 
3609700; 517900, 3609700; 517900, 3609500; 518200, 3609500; 518200, 
3609700; 518500, 3609700; 518500, 3609600; 518600, 3609600; 518600, 
3609400; 518800, 3609400; 518800, 3609100; 519100, 3609100; 519100, 
3609600; 519200, 3609600; thence south to the MHPA boundary at UTM 
x-coordinate 519200; thence east along the MHPA to UTM y-coordinate 
3609600; thence south and
following UTM coordinates 521200, 3609600; 521200, 3609300; 521100, 
3609300; 521100, 3609200; 521400, 3609200; 521400, 3609100; 521500, 
3609100; 521500, 3608600; 521600, 3608600; 521600, 3608400; 521700, 
3608400; 521700, 3608300; 521800, 3608300; 521800, 3608200; 521900, 
3608200; 521900, 3608000; 522000, 3608000; 522000, 3607900; 522600, 
3607900; 522600, 3607800; 522900, 3607800; 522900, 3607700; 523000, 
3607700; 523000, 3607600; 523100, 3607600; 523100, 3607700; 523300, 
3607700; 523300, 3607600; 523400, 3607600; 523400, 3607700; 523600, 
3607700; 523600, 3607600; 524100, 3607600; 524100, 3607500; 524200, 
3607500; 524200, 3607300; 524300, 3607300; 524300, 3607400; 524500, 
3607400; 524500, 3607500; 524600, 3607500; 524600, 3607600; 524800, 
3607600; 524800, 3607700; 524900, 3607700; 524900, 3607600; 525100, 
3607600; 525100, 3607900; 524900, 3607900; 524900, 3608000; 524700, 
3608000; 524700, 3608200; 524600, 3608200; 524600, 3608400; 524700, 
3608400; 524700, 3608600; thence east to Highway 94 at UTM y-
coordinate 3608600; thence southeastward along Highway 94 to UTM x-
coordinate 534000; thence south and following UTM
coordinates (E, N) 534000, 3606900; 534000, 3606600; 534100, 
3606600; 534100, 3606500; 534500, 3606500; 534500, 3606400; 534700, 
3606400; 534700, 3606300; 534800, 3606300; 534800, 3606200; 534900, 
3606200; 534900, 3606100; 535000, 3606100; 535000, 3606000; 535100, 
3606000; 535100, 3605600; 535200, 3605600; 535200, 3605300; 535100, 
3605300; 535100, 3605000; 535000, 3605000; 535000, 3604800; 534900, 
3604800; 534900, 3604700; 534800, 3604700; 534800, 3604600; 534700, 
3604600; 534700, 3604500; 534800, 3604500; 534800, 3604400; 534600, 
3604400; 534600, 3604300; 534700, 3604300; 534700, 3604200; thence 
south to the U.S./ Mexico border at UTM x-coordinate 534700; 
returning to the point of beginning on the U.S./Mexico border at UTM 
x-coordinate 507800; excluding the Otay landfill; the planned 
recreational areas in the Otay River Valley and the university site 
as illustrated in the City of Chula Vista's

[[Page 18394]]

subarea plan; land bounded by the following UTM coordinates (E, N) 
508700, 3602200; 508700, 3602100; 508800, 3602100; 508800, 3602200; 
508700, 3602200; and land bounded by the following UTM coordinates 
(E, N) 514700, 3610400; 515200, 3610400; 515200, 3610200; 515100, 
3610200; 515100, 3610100; 515300, 3610100; 515300, 3610200; 515500, 
3610200; 515500, 3610300; 515700, 3610300; 515700, 3610400; 516000, 
3610400; 516000, 3610300; 516100, 3610300; 516100, 3610000; 516200, 
3610000; 516200, 3609800;
516300, 3609800; 516300, 3609400; 516400, 3609400; 516400, 3609200; 
516500, 3609200; 516500, 3609000; 516700, 3609000; 516700, 3608900; 
516800, 3608900; 516800, 3608800; 517000, 3608800; 517000, 3608700; 
517100, 3608700; 517100, 3608300; 517200, 3608300; 517200, 3608200; 
517300, 3608200; 517300, 3608300; 517500, 3608300; 517500, 3608200; 
517600, 3608200; 517600, 3608000; 517500, 3608000; 517500, 3607900; 
517700, 3607900; 517700, 3608000; 517800, 3608000; 517800, 3608100; 
518000, 3608100; 518000, 3608000; 518100, 3608000; 518100, 3608200; 
518200, 3608200; 518200, 3608300; 518300, 3608300; 518300, 3608400; 
518400, 3608400; 518400, 3608500; 518500, 3608500; 518500, 3608600; 
518800, 3608600; 518800, 3608000; 518700, 3608000; 518700, 3607900; 
518600, 3607900; 518600, 3607500; 518700, 3607500; 518700, 3607200; 
518600, 3607200; 518600, 3607000; 518400, 3607000; 518400, 3606600; 
518200, 3606600; 518200, 3606500; 517900, 3606500; 517900, 3606600; 
516900, 3606600; 516900, 3606500; 516400, 3606500; 516400, 3606600; 
515900, 3606600; 515900,
3606500; 515500, 3606500; 515500, 3606600; 515400, 3606600; 515400, 
3606700; 515200, 3606700; 515200, 3606800; 515100, 3606800; 515100, 
3606700; 515000, 3606700; 515000, 3606500; 514900, 3606500; 514900, 
3606400; 514800, 3606400; 514800, 3606300; 514700, 3606300; 514700, 
3606100; 514500, 3606100; 514500, 3606000; 514400, 3606000; 514400, 
3605900; 514300, 3605900; 514300, 3605800; 514200, 3605800; 514200, 
3605700; 514000, 3605700; 514000, 3605600; 513800, 3605600; 513800, 
3605500; 513500, 3605500; 513500, 3605600; 513300, 3605600; 513300, 
3605700; 512800, 3605700; 512800, 3605800; 512700, 3605800; 512700, 
3605900; 512800, 3605900; 512800, 3606000; 512900, 3606000; 512900, 
3606400; 512700, 3606400; 512700, 3606700; 512800, 3606700; 512800, 
3607000; 512900, 3607000; 512900, 3607100; 512800, 3607100; 512800, 
3607200; 512700, 3607200; 512700, 3607300; 513000, 3607300; 513000, 
3607500; 512900, 3607500; 512900, 3607700; 512800, 3607700; 512800, 
3607800; 512700, 3607800; 512700, 3607900; 512800, 3607900; 512800, 
3608000; 512600, 3608000; 512600, 3608200; 512800, 3608200; 512800, 
3608300; 512900, 3608300; 512900, 3608700; 513100, 3608700; 513100, 
3608800; 513200, 3608800; 513200, 3609100; 513100, 3609100; 513100, 
3609400; 513000, 3609400; 513000, 3609600; 513200, 3609600; 513200, 
3609700; 513600, 3609700; 513600, 3609600; 513900, 3609600; 513900, 
3609500; 514300, 3609500; 514300, 3609600; 514400, 3609600; 514400, 
3609500; 514500, 3609500; 514500, 3609400; 514600, 3609400; 514600, 
3609300; 514900, 3609300; 514900, 3609400; 514800, 3609400; 514800, 
3609600; 514700, 3609600; 514700, 3609700; 514600, 3609700; 514600, 
3609900; 514700, 3609900; 514700, 3610400.
    (ii) Map Unit 3 follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TR15AP02.003

BILLING CODE 4310-55-C
    (9) Unit 4: Jacumba, San Diego County, California.
    (i) From USGS 1:24,000 quadrangle maps Jacumba, Jacumba OE S, 
and Live Oak Springs. Beginning at the U.S./Mexico border at UTM 
NAD27 x-coordinate 575300, lands bounded by the following UTM NAD27 
coordinates (E, N): 575300, 3608400; 575300, 3608700; 575400, 
3608700; 575400, 3608800; 575500, 3608800; 575500, 3608900; 575600, 
3608900; 575600, 3609100; 575700, 3609100; 575700, 3609300; 575800, 
3609300; 575800, 3609500; 576200, 3609500; 576200, 3609600; 576500, 
3609600; 576500, 3609700; 576800, 3609700; 576800, 3609800; 576900, 
3609800; 576900, 3610000; 577000, 3610000; 577000, 3610400; 576900, 
3610400; 576900, 3610700; 576800, 3610700; 576800, 3611200; 576900, 
3611200; 576900, 3611300; 577000, 3611300; 577000, 3611400; 576900, 
3611400; 576900,

[[Page 18395]]

3611600; 576800, 3611600; 576800, 3611700; 576700, 3611700; 576700, 
3611900; 576600, 3611900; thence north to Interstate 8 at UTM x-
coordinate 576600; thence west along Interstate 8 to UTM x-
coordinate 571500, thence southward following UTM coordinates (E, N) 
571500, 3613800; 571400, 3613800; 571400, 3613600; 571500, 3613600; 
571500, 3613500; 571600, 3613500; 571600, 3613400; 571700, 3613400; 
571700, 3613000; 571500, 3613000; 571500, 3612800; 571400, 3612800; 
571400, 3612400; 571500, 3612400; 571500, 3612200; 571400, 3612200; 
571400, 3612100; 570800, 3612100; 570800, 3612000; 570600, 3612000; 
570600, 3611700; 570500, 3611700; 570500, 3611600; 570400, 3611600; 
570400, 3611400; 570100, 3611400; 570100, 3611000; 570200, 3611000; 
570200, 3610600; 570300, 3610600; 570300, 3610400; 570600, 3610400; 
570600, 3610500; 570800, 3610500; 570800, 3610600; 571000, 3610600; 
571000, 3610700; 571200, 3610700; 571200, 3610800; 571400, 3610800; 
571400, 3610500; 571300, 3610500; 571300, 3610400; 571100, 3610400; 
571100, 3610300; 570900, 3610300; 570900, 3610200; 570800, 3610200; 
570800, 3610100; 570700, 3610100; 570700, 3609900; 570400, 3609900; 
570400, 3609500; 570700, 3609500; 570700, 3609600; 571000, 3609600; 
571000, 3609700; 571100, 3609700; 571100, 3609800; 571400, 3609800; 
571400, 3609600; 571300, 3609600; 571300, 3609400; 571600, 3609400; 
571600, 3609000; 571500, 3609000; 571500, 3608900; 571200, 3608900; 
571200, 3608800; 571000, 3608800; 571000, 3608600; 571100, 3608600; 
571100, 3608500; 571200, 3608500; 571200, 3608300; 571400, 3608300; 
571400, 3608200; 571500, 3608200; 571500, 3608100; 571600, 3608100; 
thence south to the U.S./Mexico border at UTM x-coordinate 571600; 
returning to the point of beginning on the U.S./Mexico border at UTM 
x-coordinate 575300.
    (ii) Map Unit 4 follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TR15AP02.004

* * * * *

    Dated: April 2, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-8525 Filed 4-12-02; 8:45 am]
BILLING CODE 4310-55-C