[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Rules and Regulations]
[Pages 37498-37546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13065]



[[Page 37497]]

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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 Chorizanthe pungens var. pungens (Monterey Spineflower); 
Final Rule

  Federal Register / Vol. 67, No. 103 / Wednesday, May 29, 2002 / Rules 
and Regulations  

[[Page 37498]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AHO4


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

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 Chorizanthe pungens var. pungens (Monterey 
spineflower) pursuant to the Endangered Species Act of 1973, as amended 
(Act). A total of approximately 7,620 hectares (18,830 acres) of land 
in Santa Cruz and Monterey Counties, California, are within the 
boundaries of the critical habitat designation.
    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.
    Section 7(a)(2) of the Act requires that each Federal agency shall, 
in consultation with and with the assistance of the Service, insure 
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. Section 4 of the Act requires us to consider 
economic and other relevant impacts of specifying any particular area 
as critical habitat.
    We solicited data and comments from the public on all aspects of 
this proposal, including data on economic and other impacts of the 
designation.

DATES: This rule is effective June 28, 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 Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 
2493 Portola Road, Suite B, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Ventura Fish and 
Wildlife Office (see ADDRESSES section) (telephone 805/644-1766; 
facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

    Chorizanthe pungens var. pungens (Monterey spineflower) is endemic 
to sandy soils in coastal areas in southern Santa Cruz and northern 
Monterey Counties, and in the Salinas Valley in interior Monterey 
County. In California, the spineflower genus, Chorizanthe, in the 
buckwheat family (Polygonaceae) is comprised of species of slender, 
stiff, and tough annual herbs that inhabit dry sandy soils. They occur 
along the coast and inland, but because of the patchy and limited 
distribution of such soils, many species of Chorizanthe tend to be 
highly localized in their distribution.
    Chorizanthe pungens var. pungens is one of two varieties of the 
species Chorizanthe pungens. The other variety, C. p. var. hartwegiana 
(Ben Lomond spineflower) is restricted to the Santa Cruz Mountains, 
generally between Scotts Valley and Ben Lomond. The ranges of these two 
varieties of C. pungens do not overlap. The range of C. p. var. pungens 
partially overlaps with another closely related taxon, Chorizanthe 
robusta var. robusta (robust spineflower), in southern Santa Cruz 
County. Chorizanthe pungens var. hartwegiana and C. r. var. robusta are 
both endangered species (59 FR 5499). A detailed description of these 
related taxa is available in the Recovery Plan for Seven Coastal Plants 
and the Myrtle's Silverspot Butterfly (Service 1998), the Draft 
Recovery Plan for the Robust Spineflower (Service 2000), and references 
within these plans.
    The overall appearance of Chorizanthe pungens var. pungens is of a 
low-growing herb that is soft, hairy and grayish or reddish in color. 
The plant generally grows flat along the ground or curves upward from 
the base. Large individuals may reach 50 centimeters (cm) (20 inches 
(in)) or more in diameter. This taxon is distinguished by white (rarely 
pinkish) scarious (translucent) margins on the lobes of the involucre 
(circle or collection of modified leaves surrounding a flower cluster) 
or head that occur immediately below the white- to rose-colored 
flowers. The aggregate of flowers (heads) tend to be small (less than 1 
cm (0.4 in) in diameter) and either distinctly or indistinctly 
aggregate.
    Chorizanthe pungens var. pungens is a short-lived annual species. 
It germinates during the winter months and flowers from April through 
June. Although pollination ecology has not been studied for this taxon, 
C. p. var. pungens is likely visited by a wide array of pollinators. 
Observations of pollinators on other species of Chorizanthe that occur 
in Santa Cruz County have included leaf cutter bees (megachilids) and 
at least six species of butterflies, flies, and sphecid wasps (R. 
Morgan, biologist, Soquel, CA, pers. comm., 2000). In other annual 
species of Chorizanthe, the flowers are protandrous, a reproductive 
strategy in which the anthers (part of flower that produces pollen) 
mature and shed pollen prior to the maturation of the style (part of 
the female reproductive structure of a flower) to receive pollen, with 
a delay of style receptivity being 1 or 2 days. Protandry facilitates 
cross-pollination by insects. However, if cross-pollination does not 
occur within 1 or 2 days, self-pollination may occur as the flower 
closes at the end of the day (Reveal 2001). The relative importance of 
cross-pollination by insects and self-pollination to seed set or 
development is unknown; however, in C. p. var. pungens, the importance 
of pollinator activity to production of viable seed was indicated by 
the production of seed with low viability where pollinator access was 
limited (Harding Lawson Associates 2000).
    Seed is mature by August. The plants turn a rusty hue as they dry 
through the summer months, eventually shattering during the fall. Seed 
dispersal is facilitated by the involucral spines, which attach the 
seed to passing animals. Black-tailed hares (Lepus californicus) and 
ground squirrels (Otospermophilus beecheyi) have been observed to 
browse on Chorizanthe pungens var. pungens (L. Otter, Coastal 
Commission, pers. comm., 2001; Schettler, in litt., 2000), and other 
animals likely to contribute to seed dispersal include, but are not 
limited to: mule deer (Odocoileus hemionus), gray foxes (Urocyon 
cinereoargenteus), coyotes (Canis latrans), bobcats (Felis rufus), 
striped skunks (Mephitis mephitis), opossums (Didelphis virginiana), 
racoons (Procyon lotor), and other small mammals and small birds. While 
animal vectors most likely facilitate seed dispersal between colonies 
and populations of C. p. var. pungens, the prevailing coastal winds 
undoubtedly play a part in scattering seed within colonies and 
populations.
    For annual plants, maintaining a seed bank (a reserve of dormant 
seeds, generally found in the soil) is important to year-to-year and 
long term survival (Baskin and Baskin 1978). A seed bank includes all 
of the seeds in a population, and the extent of the seed bank reserve 
is variable from population to population. Within any given population, 
the seed bank generally covers a larger area than the extent of 
observable plants seen in a given year

[[Page 37499]]

(Given 1994) because the number and location of standing plants (the 
observable plants) varies annually due to factors such as the amount 
and timing of rainfall, temperature, soil conditions, and the extent 
and nature of the seed bank.
    Each Chorizanthe pungens var. pungens flower produces one seed. 
Depending on the vigor of the individual plant and the effectiveness of 
pollination, dozens, if not hundreds of seeds could be produced from a 
single plant. For instance, in one study of a closely related 
spineflower, Chorizanthe robusta var. robusta, individual plants had an 
average of 126 flowers, and an average seed set of 51 seeds per plant 
(S. Baron, pers. comm., 2001). However, seed production does not 
guarantee production of future reproductive individuals for several 
reasons: seed viability may be low, as has been found in other species 
of Chorizanthe (Bauder 2000); proper conditions for germination may not 
be present in most years; and seedling mortality may result from 
withering before maturity, herbivory, or uprooting by gopher activity 
(Baron 1998).
    The locations where Chorizanthe pungens var. pungens occurs, with 
the exception of the Soledad area, are subject to a mild maritime 
climate where fog helps keep summer temperatures cool and winter 
temperatures relatively warm and provides moisture in addition to the 
normal winter rains. Chorizanthe pungens var. pungens is found in a 
variety of seemingly disparate plant communities, including active 
coastal dunes, grassland, scrub, chaparral, woodland types on interior 
upland sites, and interior floodplain dunes. However, all of these 
areas include microhabitat characteristics favored by C. p. var. 
pungens. First, all sites where it is found are on sandy soils; whether 
the origin of the soils is from active dunes, interior fossil dunes, or 
floodplain alluvium is apparently unimportant. The most prevalent soil 
series represented are Baywood, Oceano, Elder, Elkhorn, Arnold, Santa 
Ynez, and Metz (SCS 1978, 1980). Second, these sites are relatively 
open and free of other vegetation. In scrub and chaparral communities, 
C. p. var. pungens does not occur under dense stands of vegetation, but 
does occur between more widely spaced shrubs. In grassland and oak 
woodland communities, abundant annual grasses may outcompete C. p. var. 
pungens, but in places where grass species are affected or managed 
through grazing, mowing or fire, the result may be less competition, 
thus allowing the spineflower to persist.
    Chorizanthe pungens var. pungens is generally distributed along the 
rim of Monterey Bay in southern Santa Cruz and northern Monterey 
Counties, and inland along the coastal plain of the Salinas Valley. At 
coastal sites ranging from the Monterey Peninsula north to Manresa 
State Beach in Santa Cruz County, C. p. var. pungens is found in active 
coastal dune systems and on coastal bluffs upon which windblown sand 
has been deposited.
    On coastal dunes, the distribution of suitable habitat is subject 
to dynamic shifts caused by patterns of dune mobilization, 
stabilization, and successional trends in coastal dune scrub that 
result in increased vegetation cover over time. Accordingly, over time 
there are shifts in the distribution and size of individual colonies of 
Chorizanthe pungens var. pungens found in gaps between stands of scrub 
vegetation. Other native plants associated with C. p. var. pungens 
include: Ambrosia chamissonis (beach bur); Artemisia pycnocephala 
(coastal sagewort); Ericameria ericoides (mock heather); Castilleja 
latifolia (Monterey Indian paintbrush); and Lathyrus littoralis (beach 
pea). At some northern Monterey County locations, C. p. var. pungens 
occurs in close proximity to Gilia tenuiflora ssp. arenaria (sand 
gilia) and Erysimum menziesii ssp. menziesii (Menzies' wallflower), 
which are both endangered plants, as well as an endangered butterfly, 
Euphilotes enoptes smithi (Smith's blue butterfly), and a threatened 
bird, Charadrius alexandrinus nivosus (western snowy plover).
    Chorizanthe pungens var. pungens formerly was more widespread in 
the Monterey Bay area, as well as farther south. The plant can no 
longer be found at some locations where historical collections were 
made. For instance, at a historical site on the coast near San Simeon 
in San Luis Obispo County, C. p. var. pungens has not been seen since 
it was first collected in 1842 (California Natural Diversity Data Base 
(CNDDB) 2000; D. Keil, California Polytechnic University, San Luis 
Obispo, pers. comm., 2000). It also is no longer found at Point Pinos 
on the Monterey Peninsula or Castroville (between Prunedale and Salinas 
River State Beach), both in Monterey County.
    We can infer from the current distribution of the spineflower that 
development has fragmented habitat that formerly provided for a more 
continuous occurrence of the plant. For instance, portions of the 
coastal dune and coastal scrub communities that support Chorizanthe 
pungens var. pungens have been eliminated or altered by recreational 
use, industrial and urban development, and military activities. The 
composition of dune communities also has been altered by the 
introduction of non-native species, especially Carpobrotus species 
(sea-fig or iceplant) and Ammophila arenaria (European beachgrass), in 
an attempt to stabilize shifting sands. In the last decade, significant 
efforts have been made to restore native dune communities and one 
aspect of such restoration is the elimination of these non-native 
species (CDPR 1995, Pratt in litt. 2000).
    At more inland sites, Chorizanthe pungens var. pungens occurs on 
sandy, well-drained soils in a variety of habitat types, most 
frequently maritime chaparral, valley oak woodlands, and grasslands. 
The plant probably has been extirpated from a number of historical 
locations in the Salinas Valley, primarily due to conversion of the 
original grasslands and valley oak woodlands to agricultural crops 
(Reveal & Hardham 1989).
    Within grassland communities, Chorizanthe pungens var. pungens 
occurs along roadsides, in firebreaks, and in other disturbed sites, 
while in oak woodland, chaparral, and scrub communities, it occurs in 
sandy openings between shrubs. In older stands with a high cover of 
shrubs, the plants are restricted to roadsides, firebreaks, and trails 
that bisect these communities.
    Significant populations of Chorizanthe pungens var. pungens occur 
on lands that are referred to as former Fort Ord (U.S. Army Corps of 
Engineers (ACOE) 1992, 1997). At former Fort Ord, the highest densities 
of C. p. var. pungens are located in the central portion of the firing 
range, where disturbance is the most frequent. This pattern of 
distribution and densities of C. p. var. pungens on former Fort Ord 
indicates that some activities which have disturbed C. p. var. pungens 
habitat also have created open conditions that contribute to high 
densities of the plant. Prior to the onset of human use of this area, 
C. p. var. pungens may have been restricted to openings created by 
wildfires within these communities (Service 1998).
    The southwestern edge of Chorizanthe pungens var. pungens habitat 
on former Fort Ord was once continuous with habitat found in the 
community of Del Rey Oaks and at the Monterey Airport (Deb Hillyard, 
ecologist, California Department of Fish and Game (CDFG), pers. comm., 
2000). Other inland sites that support C. p. var. pungens are located 
in the area between Aptos and La Selva Beach in Santa Cruz

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County, and near Prunedale in northern Monterey County. At some of 
these locations, C. p. var. pungens occurs in close proximity with the 
endangered Piperia yadonii (Yadon's piperia) and C. robusta var. 
robusta.
    Chorizanthe pungens var. pungens was recently found on a dune 
within the Salinas River floodplain near Soledad, Monterey County 
(CNDDB 2000). Two historic sites for C. p. var. pungens occur nearby. 
One, near Mission Soledad, was collected once in 1881; the other, near 
San Lucas along the Salinas River, was collected once in 1935. Due to 
conversion to agriculture and channelization activities along the 
Salinas River over the last century, C. p. var. pungens most likely has 
been extirpated from these locations. The dune near Soledad is the only 
one of its size and extent between there and the river mouth (Brad 
Olsen, East Bay Regional Parks District, pers. comm., 2000).
    During the public comment periods we became aware of additional 
locations that support Chorizanthe pungens var. pungens. Not 
surprisingly, the areas occur adjacent to habitat known to support C. 
p. var. pungens. These additional areas include the following: (1) 
Between the northern portion of the Fort Ord unit and the northern 
portion of the Marina unit, on private lands that are being used for 
cattle grazing but which may be proposed for development; (2) just 
south of the Freedom unit, on lands owned by the Pajaro Unified School 
District at Aptos High School; (3) northwest of the Prunedale unit on 
lands owned by The Nature Conservancy (TNC) and managed by the Elkhorn 
Slough Foundation for conservation of natural resources; and (4) 
several locations to the north and to the west of the Asilomar unit on 
the Monterey Peninsula, including Federal lands owned and managed by 
the Coast Guard at Point Pinos Light Station, and on private lands 
owned by the Pebble Beach Company along 17 Mile Drive.
    Because we did not know of the four areas described above at the 
time we published the proposal rule, they were not included in the 
background information provided in the proposed rule and were not 
included in the proposed critical habitat. Under the Act and the 
Administrative Procedure Act (APA) (5 U.S.C. 702 and 706), we are 
required to allow the public an opportunity to comment on the proposed 
rulemaking. We have not yet evaluated these areas and, if appropriate, 
re-propose critical habitat for public review and comment. Because 
these areas were not included in the proposed rule, we are not 
including them in this final rule. Depending on the results of an 
evaluation of these areas, we may revise this critical habitat 
designation in the future. Although these areas were not included in 
the critical habitat proposal, they may be important to the recovery of 
the species and could be included in recovery activities in the future, 
if appropriate. Also, Federal agencies will continue to be required to 
consult with us, as appropriate, on activities in these areas pursuant 
to section 7(a)(2) of the Act, to ensure that any action they 
authorize, fund, or carry out does not jeopardize the continued 
existence of Chorizanthe pungens var. pungens.

Previous Federal Action

    Federal government actions for Chorizanthe pungens var. pungens 
began when we published an updated Notice of Review (NOR) of plants on 
December 15, 1980 (45 FR 82480). This notice included C. p. var. punges 
as a category 2 candidate (defined at that time as species for which 
data in our possession indicate listing may be appropriate, but for 
which additional biological information is needed to support a proposed 
rule). In the September 27, 1985, revised NOR of plants (50 FR 39526) 
and in the February 21, 1990 (55 FR 6184) revised NOR of plants, C. p. 
var. punges was again included as a category 2 candidate.
    On October 24, 1991 (56 FR 55107), we published a proposal to list 
Chorizanthe pungens var. pungens as threatened, along with three other 
varieties of Chorizanthe (C. p. var. hartwegiana, C. robusta var. 
hartwegii, C. r. var. robusta) and Erysimum teretifolium as endangered 
species. The final rule listing C. p. var. pungens as a threatened 
species was published on February 4, 1994 (59 FR 5499). The final rule 
indicated that the designation of critical habitat for C. p. var. 
pungens was prudent but not determinable, and that designation of 
critical habitat would occur once we had gathered the necessary data.
    On June 30, 1999, our failure to designate critical habitat for 
Chorizanthe pungens var. pungens and three other species within the 
time period mandated by 16 U.S.C. 1533(b)(6)(C)(ii) was challenged in 
Center for Biological Diversity v. Babbitt (Case No. C99-3202 SC). On 
August 30, 2000, the U.S. District Court for the Northern District of 
California (Court) directed us to publish a proposed critical habitat 
designation within 60 days of the Court's order and a final critical 
habitat designation no later than 120 days after the proposed 
designation was published. On October 16, 2000, the Court granted the 
government's request for a stay of this order. Subsequently, by a 
stipulated settlement agreement signed by the parties on November 20, 
2000, we agreed to propose critical habitat for the C. p. var. pungens 
by January 15, 2001. Plaintiffs subsequently agreed to an extension, 
approved by the court, until May 17, 2002, to complete the final rule.
    The proposed rule to designate critical habitat for the species was 
signed on January 16, 2001, and sent to the Federal Register. It was 
published on February 15, 2000 (66 FR 10440). In the proposal, we 
determined it was prudent to designate approximately 10,400 ha (25,800 
ac) of land in Santa Cruz and Monterey Counties as critical habitat for 
Chorizanthe pungens var. pungens. Publication of the proposed rule 
opened a 60-day public comment period, which closed on April 16, 2001.
    On September 19, 2001, we published a notice announcing the 
reopening of the comment period on the proposal to designate critical 
habitat for Chorizanthe pungens var. pungens, and a notice of 
availability of the draft economic analysis on the proposed 
determination (66 FR 48228). This second public comment period closed 
on October 19, 2001. By notice published February 1, 2002 (67 FR 4940), 
the Department provided interested parties an opportunity to resubmit 
written comments by February 15, 2002, the receipt of which may have 
been delayed due to the shutdown of postal facilities in Washington, 
DC, and of the Department's internet access.

Summary of Comments and Recommendations

    We contacted appropriate Federal, State, and local agencies, 
scientific organizations, and other interested parties and invited them 
to comment. In addition, we invited public comment through the 
publication of a notice in the Santa Cruz Sentinel on February 24, 
2001. We received individually written letters from 14 parties, which 
included 4 designated peer reviewers, 2 Federal agencies, 1 State 
agency, and 4 local jurisdictions. Approximately 800 additional letters 
were submitted as part of a mailing campaign. Of the 14 parties 
responding individually, 5 supported the proposed designation, 2 were 
neutral, and 7 were opposed. The 7 commenters opposing the proposal 
specifically opposed designation of critical habitat on lands they own 
or manage, and requested that these areas be excluded from critical 
habitat designation. Of the 800 additional

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letters, 19 were opposed, 1 was neutral, and the remaining were in 
support of the critical habitat designation.
    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited independent opinions from four 
knowledgeable individuals who have expertise with the species, with the 
geographic region where the species occurs, and/or familiarity with the 
principles of conservation biology. All four of the peer reviewers 
supported the proposal and provided us with comments, which are 
included in the summary below and incorporated into the final rule.
    We reviewed all comments received from the public and the peer 
reviewers for substantive issues and new information regarding critical 
habitat and Chorizanthe pungens var. pungens. Similar comments were 
grouped into four general issues relating specifically to the proposed 
critical habitat determination and draft economic analysis on the 
proposed determination. These are addressed in the following summary:

Issue 1: Biological Justification and Methodology

    1. Comment: The proposed rule was not based on the best scientific 
data available.
    Our Response: As stated in the proposed rule, we are required under 
the Act and regulations (section 4(B)(2) and 50 CFR 424.12, 
respectively) to make decisions based on the best information available 
at the time of designation. Our policy on information standards, 
described in the section entitled Critical Habitat in the rule, states 
that we should use the listing package for the species as well as 
additional information obtained from recovery plans, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished materials (i.e., gray literature). In addition to 
using these sources, we have consulted with botanists and other experts 
who are familiar either with the species or the geographic area where 
it occurs. The final rule also incorporates relevant new information 
submitted during the two comment periods.
    2. Comment: Chorizanthe pungens var. pungens would not even occur 
on Pebble Beach Company lands at Spanish Bay if it were not for their 
extensive restoration efforts that reclaimed a former sand mine site; 
therefore, this area should be excluded from the Asilomar unit.
    Our Response: We recognize that the Company has undertaken the 
restoration and creation of several habitats, including coastal dunes, 
in the Spanish Bay area; much of this work was done to fulfill permit 
requirements by the Coastal Commission as part of the approval for 
construction of resort facilities at Spanish Bay. We know from 
historical records that Chorizanthe pungens var. pungens occurred at 
several locations along the coast of Monterey Peninsula, both upcoast 
and downcoast from the Spanish Bay area prior to sand mining activity. 
In addition, extant populations are known to occur both immediately 
upcoast and downcoast within a mile of Spanish Bay. Although surveys 
done in conjunction with the Company's restoration plan did not detect 
C. p. var. pungens, it is possible that C. p. var. pungens was missed 
during the surveys, or existed as a seedbank on the remnant dunes. 
Moreover, seeds for the reintroduction of C. p. var. pungens into the 
newly created dunes were collected from the remnant dunes at Spanish 
Bay (Joey Dorrell-Canepa, biologist, pers. comm., 2001). We therefore 
believe that there is sufficient information to consider dune habitat 
at Spanish Bay within the range of the species and essential to the 
conservation of the species.
    3. Comment: One peer reviewer suggested expanding the list of 
primary constituent elements to include such factors as seed 
germination requirements, substrate salinity, microreliefs and 
mocroclimates within local habitats, seasonal and yearly groundwater 
levels, and bird populations that migrate within the range of 
Chorizanthe pungens var. pungens.
    Our Response: While we recognize that these factors may be 
important components of the habitats within which Chorizanthe pungens 
var. pungens is found, we do not have sufficient information at this 
time that leads us to believe that they are the primary factors 
responsible for the distribution of C. p. var. pungens throughout its 
range and necessary for its conservation.

Issue 2: Economic Comments

    4. Comment: Comments received by the Service from the Fort Ord 
Reuse Authority and City of Marina suggested that section 2.4.9 of the 
draft Economic Analysis (which estimated that 2 to 4 consultations, at 
a total cost of $10,000 to $60,000, will occur related to activities by 
private parties after the transfer of Fort Ord land) mischaracterized 
the likely impacts of critical habitat designation on lands within the 
boundaries of Fort Ord that will be transferred to private landowners. 
The comments indicated that development on this land could lead to a 
greater number of consultations, and that the consultations would be 
more costly than estimated in the draft Economic Analysis.
    Our Response: We have revised the final critical habitat 
designation to remove all lands within the boundaries of former Fort 
Ord that the Multispecies Habitat Management Plan for the area 
explicitly designates for development (see our response to comment 8 
for further information regarding former Fort Ord and the Habitat 
Management Plan) . The section 7 consultation requirements pertain only 
to actions of Federal agencies. Consequently, in relation to 
Chorizanthe pungens var. pungens, consultation involving these excluded 
lands would be necessary only when there is a Federal nexus and there 
is a determination that the Federal action may affect the species or 
its designated critical habitat.
    Lands within former Fort Ord that have been designated for 
development with reserves, but for which development boundaries are not 
determined, are included in the final designation. These lands may be 
subject to additional consultations in the future. The original 
estimates of the draft Environmental Analysis, based on the 
consultation history and cost of the consultations in this area, apply 
to these lands, as two to four consultations may be necessary in the 
future to address any development as it occurs.
    5. Comment: One party was concerned that the designation would 
eliminate their opportunity for Federal development grants, since 
Federal agencies must ensure that their activities do not result in 
destruction or adverse modification of critical habitat. The party was 
concerned that if a federally funded project ``in any way destroyed or 
adversely modified any portion of the area proposed'', the Federal 
agency would be unable to provide the grant.
    Our Response: Under section 7(a)(2) of the Act all Federal agencies 
must ensure that any action they authorize, fund, or carry out does not 
jeopardize the continued existence of a listed species; this 
requirement applies regardless of whether the project area is 
designated as critical habitat. In the vast majority of situations in 
which a project funded by Federal development grant monies may affect a 
listed species or its critical habitat, we have been able to work with 
the landowner and the appropriate Federal agency to ensure that the 
landowner's project can be completed without jeopardizing the

[[Page 37502]]

continued existence of a species or adversely modifying critical 
habitat. Federal agencies already must consult pursuant to the jeopardy 
aspect of section 7(a)(2) of the Act on all activities that may affect 
Chorizanthe pungens var. pungens, regardless of whether critical 
habitat is present. All of the critical habitat units are occupied by 
C. p. var. pungens. Thus, the designation of critical habitat for C. p. 
var. pungens is expected to result in few or no additional restrictions 
through the consultation process beyond those that have existed since 
the species was listed.

Issue 3: Site-Specific Areas and Other Comments

    6. Comment: The U.S. Department of the Navy (DON) requested that 
the lands of the Naval Postgraduate School be excluded from the Marina 
unit of the critical habitat designation because protections and 
management actions provided for Chorizanthe pungens var. pungens under 
their Integrated Natural Resource Management Plan (INRMP) are 
sufficient. Therefore, their lands do not require special management 
considerations or protection and do not meet the definition of critical 
habitat.
    Our Response: We address the issue of INRMPs in the section 
entitled ``Relationship of Critical Habitat to Military Lands.'' The 
DON completed a final INRMP for the Naval Postgraduate School in July 
of 2001. The INRMP provides for conservation, management and protection 
for Chorizanthe pungens var. pungens (DON 2001). The DON has been 
responsive to our comments regarding actions for the conservation and 
protection of C. p. var. pungens and other listed species that occur at 
the Naval Postgraduate School. We have reviewed the final INRMP and 
have determined that it addresses the conservation needs of C. p. var. 
pungens. The dune area of the Naval Postgraduate School has been 
restored, is maintained as habitat for sensitive species, and is 
designated solely for research and interpretive uses. In addition, we 
have undergone formal consultation with the DON for actions under their 
ongoing and proposed vegetation management and restoration program for 
the Naval Postgraduate School, which is designed to benefit listed and 
sensitive species. Therefore, the 22 ha (55 ac) of land of the Naval 
Postgraduate School have not been included in this final designation of 
critical habitat for C. p. var. pungens, as we have determined that 
they do not require additional special management considerations or 
protection, and so do not meet the definition of critical habitat.
    7. Comment: Sand City requested that any property within the city 
be excluded from the Marina critical habitat unit because their Local 
Coastal Plan already requires them to work with the Service and they 
believe that designation of critical habitat will add another layer of 
coordination which is unnecessary.
    Our Response: Upon further evaluation of the Marina unit, we 
revised the final designation to avoid areas that have been developed 
or otherwise significantly altered to such an extent that they do not 
provide one or more of the primary constituent elements essential for 
the conservation of Chorizanthe pungens var. pungens. We included lands 
in the Marina unit that we determined to be essential to the 
conservation of C. p. var. pungens and that may require special 
management considerations or protection. This includes lands within 
Sand City. Although the remaining natural lands of Sand City within the 
larger Marina critical habitat unit may not be currently occupied by C. 
p. var. pungens, they may play an important role in the conservation of 
C. p. var. pungens with additional protection and management. 
Management of C. p. var. pungens in Sand City and other areas of the 
Marina unit has been successful in the past, and we believe that C. p. 
var. pungens will respond well to additional protection and management 
in areas of the Marina unit not yet developed or significantly altered.
    8. Comment: The Army, City of Marina, and Fort Ord Reuse Authority 
requested that areas designated for development in the 1997 
Installation-wide Multispecies Habitat Management Plan for Former Fort 
Ord, California (HMP), be excluded from the Fort Ord critical habitat 
unit. They commented that those areas do not require special management 
consideration; that the Service, through the consultation process, 
already indicated in a biological opinion that the designated 
development parcels are not essential to the long-term preservation of 
sensitive species at the former Fort Ord; and that the benefits of 
excluding these areas outweigh the benefits of including them. The Army 
indicated that it intends to fully implement the HMP, consistent with 
other laws and regulations.
    Our Response: We have reevaluated the configuration of lands 
included in the Fort Ord Unit, particularly with regard to the various 
land designations in the HMP, and have revised this critical habitat 
designation to avoid those lands designated in the HMP as solely for 
development. Based on information obtained through several section 7 
consultations, we have determined that these areas are not essential to 
the conservation of Chorizanthe pungens var. pungens.
    Although we not including as critical habitat those lands that are 
designated for development, with no resource conservation requirements, 
the public should recognize that the lands included in this designation 
are not the only lands that may be important to the conservation of 
Chorizanthe pungens var. pungens. If habitat for this species on the 
lands designated as habitat reserve, habitat corridor, and development 
with reserve or development with restrictions, does not receive the 
special management it requires because the HMP is not fully 
implemented, then additional lands may be needed for the conservation 
of C. p. var. pungens on former Fort Ord.
    9. Comment: The Moss Landing Harbor District (District) has 
requested that their 3-ha (8-ac) parcel be excluded from the Moss 
Landing critical habitat unit because they believe the site is not 
essential to the continuation of the species due to its small size, 
marginal habitat, and isolation from the rest of the unit. Moreover, 
they believe the designation would place an unfair burden on the 
District because they already informally consulted with the Service on 
their habitat restoration plan for the site; this plan, if successful, 
would provide enhanced habitat conditions and more protection for 
Chorizanthe pungens var. pungens than were on the site previously.
    Our Response: We acknowledge the work that the District is 
undertaking to restore, enhance, and protect habitat for Chorizanthe 
pungens var. pungens on this site. We also acknowledge that even though 
the District was not required to consult with us previously, they 
sought our technical assistance. We support the District's habitat 
restoration efforts for this site. Even if the restoration plan is 
fully implemented, however, the sites supporting C. p. var. pungens 
will not be under permanent protection, and could possibly be impacted 
by future projects, such as the widening of Highway 1. We are including 
this parcel in the Moss Landing critical habitat unit because we 
believe that, even though it is geographically separated, it is still 
biologically connected to the rest of the Moss Landing critical habitat 
unit. In particular, because other parts of the Moss Landing critical 
habitat unit are close to the coast, the inland position of this parcel 
is important for avoiding random extinction of C. p. var. pungens in 
this unit due, for instance, to severe

[[Page 37503]]

winter storms. We have made minor modifications to the boundaries of 
this final critical habitat designation in this area, based on our 
improved mapping ability.
    10. Comment: The Pebble Beach Company requested that their property 
in the Spanish Bay area be excluded from the Asilomar unit and cited a 
number of legal and procedural issues as well as biological arguments 
for doing so.
    Our Response: Our response to the legal and procedural issues is 
included under Issue 4 below, and our responses to the biological 
arguments are included under Issue 1 above. We did not exclude all of 
Pebble Beach Company's property from the final designation. However, 
based on additional reports, photos and a map supplied by the Company, 
as well as recent aerial photos acquired by the Service and a site 
visit made by Service staff, we have reduced the amount of acreage of 
their lands included in the Asilomar unit by avoiding areas that do not 
contain one or more of the primary constituent elements essential for 
the conservation of Chorizanthe pungens var. pungens.

Issue 4: Legal and Procedural Comments

    11. Comment: The Pebble Beach Company believes that they would 
unfairly be subject to additional regulatory burden by the inclusion of 
their lands in the designation of the Asilomar unit, where Chorizanthe 
pungens var. pungens occurs only by virtue of their restoration 
efforts.
    Our Response: Private land owners are not required to consult with 
us under section 7 of the Act except when their actions involve a 
Federal nexus. See our response under Issue 1, above, that addresses 
the relationship of the restoration efforts to the presence of 
Chorizanthe pungens var. pungens on Company lands.
    12. Comment: The Service did not follow the narrow criteria set 
forth in the ESA in proposing critical habitat, specifically: (a) 
Critical habitat is to be limited to those areas essential to species 
conservation; (b) legislative history shows that congressional intent 
was to have critical habitat narrowly defined; and (c) the proposal 
goes beyond the limited grounds for designating critical habitat.
    Our Response: We developed the proposed and this final critical 
habitat designation consistent with the Act and our implementing 
regulations. The definition of critical habitat in section 3(5)(A) of 
the Act includes ``(i) the specific areas within the geographic area 
occupied by a species, at the time it is listed in accordance with the 
provisions of section 4 of this Act, on which are found those physical 
or biological features (I) essential to the conservation of the species 
and (II) which may require special management considerations or 
protection; and (ii) specific areas outside the geographical area 
occupied by the species at the time it is listed * * * upon a 
determination by the Secretary 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.''
    In accordance with section 3(5)(A) of the Act, and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat we consider those physical and biological features (primary 
constituent elements) that are essential to the conservation of the 
species and that may require special management considerations or 
protection. As specified in the regulations, these include, but are not 
limited to--space for individual and population growth, and for normal 
behavior; food, water, air, light, minerals or other nutritional or 
physiological requirements; cover or shelter; sites for germination, or 
seed dispersal; and habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species. This designation of critical habitat is 
consistent with these requirements of the Act and the regulations.
    13. Comment: The proposed rule states that the Service is required 
to make decisions due to court-ordered deadlines even though the 
Service admits that little is known about the physical and biological 
requirement of the species. Therefore, the Service has violated the 
Administrative Procedure Act and is acting in an arbitrary and 
capricious manner by not going beyond the existing body of science 
where available methodologies may yield ``as yet untapped sources of 
best scientific and commercial data'' (Roosevelt Campobello Intern. 
Park v. U.S.E.P.A., 684 F.2d 1041, 1055 (1st Cir. 1982) in Nossaman 
2001).
    Our Response: Under section 4(b)(2) of the Act, we are required to 
use the best scientific and commercial information available when 
designating critical habitat. During development of the proposed 
designation and following its publication during two open comment 
periods, we solicited biological data and public participation in the 
rule making process. The comments received have been taken into 
consideration in the development of this final designation. In this 
final designation, we used information from: the CNDDB (CNDDB 2000); 
soil survey maps (Soil Conservation Service (SCS) 1978, 1980); recent 
biological surveys and reports; additional information provided by 
interested parties; and discussions with botanical experts. We also 
conducted site visits at a number of locations (see the Methods section 
of this rule for more information). We believe we have used the best 
available information and therefore, are not in violation of the APA. 
We will continue to monitor the species and collect new information. We 
may revise the critical habitat designation in the future if new 
information supports a change.
    14. Comment: The proposed rule did not provide adequate notice to 
impacted landowners because it fails to identify the specific locations 
that contain the primary constituent elements, which illegally shifts 
the burden of determining critical habitat to the landowner.
    Our Response: We published the proposed rule to designate critical 
habitat for Chorizanthe pungens var. pungens on February 15, 2001 (66 
FR 10440), and accepted comments from the public for 60 days, until 
April 16, 2001. We contacted appropriate Federal, State, and local 
agencies, scientific organizations, elected officials, and other 
interested parties and invited them to comment. In addition, we invited 
public comment through the publication of a notice in the Santa Cruz 
Sentinel on February 24, 2001.
    The proposed rule provided maps of the critical habitat units. The 
maps delineated the area covered with reference to street and natural 
landmark boundaries. More detailed mapping information was available to 
any interested individuals, organizations, local jurisdiction or State 
and Federal agencies upon their request during the 60-day comment 
period upon their request. No such requests for additional information 
were received.
    We believe the information made available to the public was 
sufficiently detailed to allow for determination of critical habitat 
boundaries. In addition to the maps, specific information was provided 
in the proposed rule regarding the primary constituent elements are for 
Chorizanthe pungens var. pungens. The maps and the description of 
primary constituent elements together provide landowners with 
information necessary to determine whether any Federal action involving 
their property would trigger a section 7 consultation with the Service

[[Page 37504]]

with regard to critical habitat, or if the Federal action may affect 
the species and/or critical habitat adjacent to their property.
    This final rule contains the legal descriptions of areas designated 
as critical habitat required under 50 CFR 424.12(c). If additional 
clarification is necessary, it can be provided by the Ventura Fish and 
Wildlife Office (see ADDRESSES section).
    15. Comment: The proposed rule does not include an Economic Impact 
Analysis as required under the Endangered Species Act and the 
Regulatory Flexibility Act.
    Our Response: We published a notice in the Federal Register on 
September 19, 2001 (66 FR 48228), announcing the reopening of the 
public comment period for the critical habitat designation, and a 
notice of availability of the draft Economic Analysis. This 
announcement was to allow for comments on the draft Economic Analysis 
and additional comments on the proposed determination itself. This 
second comment period closed October 19, 2001. We also published the 
draft Economic Analysis and associated material on our Fish and 
Wildlife Office internet site following the draft's release on 
September 19, 2001.
    16. Comment: The proposed rule does not comply with NEPA as 
required by the Tenth Circuit Court of Appeals in Catron County Bd. Of 
Comm'r N.M. v. United States Fish and Wildlife Service, 75 F.3d 1429 
(10th cir. 1996).
    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 
Endangered Species Act, as amended. A notice outlining our reason for 
this determination was published in the Federal Register on October 25, 
1983 (48 FR 49244). Also, the public involvement and notification 
requirements under both the ESA and the APA provide ample opportunity 
for public involvement in the process, similar to the opportunities for 
public involvement and economic analysis of effects that would be 
provided in the NEPA process.
    17. Comment: One commenter opposed the exemption from critical 
habitat of those lands that are included in HCPs, because they are 
never developed specifically for plants, and vary in the amount of 
conservation benefit provided to them through this process.
    Our Response: We recognize that critical habitat is only one of 
many conservation tools for federally listed species. HCPs are one of 
the most important tools for reconciling land use with the conservation 
of listed species on non-Federal lands. Section 4(b)(2) of the Act 
allows us to exclude from critical habitat 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 lands covered by HCPs from 
critical habitat designations will outweigh the benefits of including 
them. Although ``take'' of listed plants is not prohibited by the Act, 
listed plant species may be, and often are, covered in HCPs for 
wildlife species.
    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)(2) of the Act states that 
HCPs must meet issuance criteria, including minimizing and mitigating 
any take of the listed wildlife species, to the maximum extent 
practicable. In addition, the action covered in the HCP must not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild. We fully expect that our future Section 7 analyses 
of HCPs and section 10(a)(1)(B) permits 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.
    In the one HCP issued that includes Chorizanthe pungens var. 
pungens, the habitat area is already managed for the benefit of this 
and other covered species under the terms of the associated section 
10(a)(1)(B) permit. We believe the assurances provided through the HCP 
and permit are sufficient to provide for the conservation of C. p. var. 
pungens, and any additional benefit provided by designating these lands 
as critical habitat would be minimal, at best. In contrast, the 
benefits of excluding lands covered by this HCP will be significant in 
preserving positive relationships with our conservation partners, 
particularly by reinforcing the regulatory assurances provided for in 
the implementation agreement for the HCP. We believe these benefits 
outweigh the benefits of designating this area as critical habitat.

Summary of Changes From the Proposed Rule

    In preparation for development of our final designation of critical 
habitat for C. p. var pungens we reviewed comments received on the 
proposed designation of critical habitat and the draft Economic 
Analysis. We made several changes to our proposed designation, as 
follows:
    (1) The description of the primary constituent elements was 
modified and clarified. One peer reviewer suggested expanding the list 
of primary constituent elements (see comment 3 in Summary of Comments 
section). However, we believed it was more appropriate to shorten the 
list of primary constituent elements from six to four elements. The two 
primary constituent elements that were included in the proposed rule 
but deleted in the final rule are: pollinator activity between existing 
colonies of Chorizanthe pungens var. pungens, and seed dispersal 
mechanisms between existing colonies and other potentially suitable 
sites. We deleted the two elements because we believe that the critical 
habitat units are of sufficient size and number that the ecosystem 
processes of pollinator activity and seed dispersal mechanisms are 
functioning normally and are not a factor in limiting the distribution 
of C. p. var. pungens to the extent that the other primary constituent 
elements are.
    (2) We added a section describing Special Management Needs or 
Protections that Chorizanthe pungens var. pungens may require. We 
believe this new section will be useful in identifying activities that 
address section 3(5)(A)(i)(II) of the Act, and also assist land 
managers in developing management strategies for C. p. var. pungens on 
their lands.
    (3) We deleted one of the eleven units described in the proposed 
rule and made changes in the boundaries of the remaining ten units, 
resulting in an overall total reduction of approximately 2,823 ha 
(6,989 ac), approximately 27 percent of the area that had been proposed 
for critical habitat. These changes are described below.
    The Manresa unit was removed entirely from the critical habitat 
designation. Based upon recently gathered information, we determined 
that Chorizanthe pungens var. pungens does not occur within the unit. 
Previous records of C. p. var. pungens from Manresa State Beach are 
likely to have been made in error. The exclusion of this unit resulted 
in a reduction of approximately 40 ha (100 ac) compared to the proposed 
rule.

[[Page 37505]]

    We made changes to the boundary lines on the remaining ten units. 
The new boundary lines were drawn within the boundary lines shown in 
the proposed designation; in no case were the new boundary lines drawn 
outside of those described in the legal description for the units in 
the proposed designation. The purpose of these changes was to avoid 
areas that obviously did not contain the primary constituent elements, 
and for which we were unable to draw more precise boundaries at the 
time of the proposed designation. The use of recently acquired high 
resolution aerial photographs dating from April 2000 enabled us to 
undertake this more precise mapping. These changes resulted in a total 
reduction of 377 ha (928 ac) in this final critical habitat 
designation.
    These minor changes reduced the total amount of critical habitat by 
15 percent or less in the final designation for 5 of the units. These 
units, and the approximate percent reduction for each, are as follows: 
Asilomar (13 percent), Del Rey Oaks (9 percent), Freedom (7 percent), 
Bel Mar (14 percent), and Prunedale (15 percent).
    Changes in the boundary lines of the other five units resulted in 
excluding more than 15 percent of the critical habitat that was 
included in the proposed designation in each of those units. Changes in 
these units were made based on information supplied by commenters, as 
well as the use of the high resolution aerial photos, which indicated 
either that the primary constituent elements were not present in 
certain portions of the proposed unit, or that certain changes in land 
use had occurred on lands within the proposed designation that would 
preclude those areas supporting the primary constituent elements. The 
units with reductions of more than 15 percent in the final designation 
are: Sunset (35 percent), Moss Landing (36 percent), Marina (19 
percent), Fort Ord (29 percent), and Soledad (79 percent).
    A brief summary of the modifications made on each of the 10 units 
is provided below, beginning with the four coastal units and followed 
by the six inland units:

Coastal units

Unit A: Sunset Unit

    The beaches within the surf zone were eliminated along the western 
boundary of this unit because they do not contain the primary 
constituent elements for Chorizanthe pungens var. pungens. The unit was 
reduced from 50 ha (130 ac) in the proposed rule to 35 ha (85 ac) in 
the final designation. Habitat supporting C. p. var. pungens 
populations within the State Beach to the east of Shell Road was 
inadvertently omitted from the proposed critical habitat designation, 
and so is not included in this final critical habitat designation.

Unit B: Moss Landing Unit

    Major modifications were made to this unit to avoid areas that do 
not contain the primary constituent elements, including intertidal 
areas, wetlands, and areas that have been developed or significantly 
disturbed. These modifications resulted in a reduction from 283 ha (703 
ac) in the proposed rule to 182 ha (452 ac) in the final designation.

Unit C: Marina Unit

    Major modifications were made to this unit to avoid areas that do 
not contain the primary constituent elements, including areas that have 
been developed or significantly disturbed. Federal lands at the Naval 
Postgraduate School were not included in the final designation because 
DON has recently completed a final INRMP that addresses the 
conservation of Chorizanthe pungens var. pungens (U.S. Department of 
the Navy 2001). A 5-acre (2-ha) parcel on former Fort Ord lands that 
has been designated solely for development in the HMP was also removed. 
These changes also are discussed in the Summary of Comments and 
Recommendations section above (see our responses to comments 4 and 6). 
These modifications resulted in a reduction from 885 ha (2,190 ac) in 
the proposed rule to 720 ha (1,780 ac) in the final designation.

Unit D: Asilomar Unit

    During the comment period, the Pebble Beach Company, which owns 
Spanish Bay, provided us with maps, reports, and aerial photos that 
allowed us to more accurately map habitat supporting the primary 
constituent elements on their property. The modifications to this unit 
resulted in a reduction from 145 ha (355 ac) in the proposed rule to 
125 ha (310 ac) in the final designation. Also, during 2001 several 
populations of Chorizanthe pungens var. pungens were located that are 
adjacent to, but not in, this unit. One population is on Federal lands 
managed by the Coast Guard at Point Pinos Light Station, and one 
population is on private lands owned by Pebble Beach Company along 17 
Mile Drive on the Monterey Peninsula. Habitat supporting these 
populations has not been included in this critical habitat unit because 
we did not have information about them at the time the proposal was 
prepared and there was no opportunity to conduct an evaluation of 
whether they met the criteria for critical habitat, or to prepare and 
issue a revised proposal, including a revised draft Economic Analysis, 
for public comment within the schedule established by the court for 
completing the critical habitat designation.

Inland units

Unit E: Freedom Boulevard Unit

    Minor modifications were made on this unit to remove areas that do 
not contain the primary constituent elements, including areas that have 
been developed or are heavily wooded. These modifications resulted in a 
reduction from 90 ha (220 ac) in the proposed rule to 85 ha (205 ac) in 
the final designation.

Unit F: Bel Mar Unit

    Minor modifications were made on this unit to remove areas that do 
not contain the primary constituent elements, including areas that have 
been developed or paved. These modifications resulted in a reduction 
from 40 ha (95 ac) in the proposed rule to 33 ha (82 ac).

Unit G: Prunedale Unit

    Modifications were made to this unit to remove areas that do not 
contain the primary constituent elements, including areas that have 
been developed, paved, or have been significantly disturbed by 
agriculture. These modifications resulted in a reduction from 2,135 ha 
(5,280 ac) in the proposed rule to 1,815 ha (4,485 ac). We also 
corrected the description of land ownership in this unit to reflect 
ownership of parcels by Caltrans. During the public comment period, we 
received information from the Elkhorn Slough Foundation that two 
populations of Chorizanthe pungens var. pungens occur on lands they 
manage for The Nature Conservancy (TNC) to the northwest of this unit. 
Habitat supporting these populations has not been included in this 
critical habitat unit because we did not have information about them at 
the time the proposal was prepared and there was no opportunity to 
conduct an evaluation of whether they met the criteria for critical 
habitat, or to prepare and issue a revised proposal, including a 
revised draft Economic Analysis, for public comment within the schedule 
established by the court for completing the critical habitat 
designation.

Unit H: Fort Ord Unit

    Substantial modifications were made to this unit to remove areas 
designated

[[Page 37506]]

in the HMP for this area as ``Development'' that have no HMP resource 
conservation requirements. Areas designated in the HMP as ``Habitat 
Reserve,'' ``Habitat Corridor,'' and ``Development with Reserve or 
Development with Restrictions'' were retained in this unit, as were 
easements that cross lands with these designations. The reasons for 
removing areas designated for development in this unit are discussed 
under the paragraphs about former Fort Ord in the section titled 
``Criteria Used to Identify Critical Habitat,'' and in Comment 8 in the 
Summary of Comments and Recommendations section. In the north area of 
former Fort Ord, the Service has followed existing habitat reserve 
lines in designating final critical habitat. We recognize that the 
habitat corridor that connects the North and South Reserves of the 
University of California's Natural Reserve System on former Fort Ord is 
narrow and tenuously connects the adjacent reserves. We encourage those 
entities who own surrounding natural lands that are designated for 
development to consider and accommodate functioning of this area as a 
corridor for the movement of seeds, seed dispersers, and pollinators 
whenever possible. The modifications to this unit and some corrections 
in habitat acreages resulted in a reduction from 5,995 ha (14,810 ac) 
in the proposed rule to 4,265 ha (10,530 ac).

Unit I: Del Rey Oaks Unit

    Minor modifications were made to this unit to remove areas that do 
not contain the primary constituent elements, including the runways at 
the Monterey Airport, and other areas that have been developed, paved, 
or have been significantly disturbed. These modifications resulted in a 
reduction from 280 ha (700 ac) in the proposed rule to 255 ha (640 ac).

Unit J: Soledad Unit

    Major modifications were made to this unit to remove areas that do 
not contain the primary constituent elements. Most of the area 
surrounding the eastern subunit are in agricultural production. In 
addition, we have eliminated the western subunit because, based on a 
site visit we conducted following the proposed rule, we now believe the 
primary constituent elements that would support the species are not 
present there. These modifications resulted in a reduction from 500 ha 
(1,235 ac) in the proposed rule to 105 ha (260 ac).

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) which may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by the species at the time it is listed upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' is defined in section 3 of the Act as 
meaning the use of all methods and procedures that are necessary to 
bring an endangered or a threatened species to the point at which 
listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7(a)(2) of the 
Act through the prohibition against destruction or adverse modification 
of critical habitat with regard to actions authorized, funded, or 
carried out by a Federal agency. Also, section 7(a)(4) of the Act 
requires conferences on Federal actions that are likely to result in 
the destruction or adverse modification of proposed critical habitat. 
In regulations at 50 CFR 402.02, we define destruction or adverse 
modification as ``a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to, alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical.'' 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 result 
in any regulatory requirements for these actions.
    The designation of critical habitat does not, in itself, lead to 
recovery of a listed species. The designation of critical habitat does 
not create a management plan, establish a preserve, reserve, or 
wilderness area where no actions are allowed, it does not establish 
numerical population goals, prescribe specific management actions 
(inside or outside of critical habitat), or directly affect areas not 
designated as critical habitat.
    In order to be included in a critical habitat designation, the 
habitat must first be ``essential to the conservation of the species.'' 
Critical habitat designations identify, to the extent known, and using 
the best scientific and commercial data available, habitat areas that 
provide essential life cycle needs of the species (i.e., areas on which 
are found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Section 4 of the Act requires that we designate critical habitat 
for a species, to the extent such habitat is determinable, at the time 
of listing. We are required to designate those areas we know to be 
critical habitat, using the best information available to us.
    Within the geographic area occupied by the species, we are 
designating only areas currently known to be essential. Essential areas 
contain the features and habitat characteristics that are necessary to 
sustain the species, as defined at 50 CFR 424.12(b). We will not 
speculate about what areas might be found to be essential if better 
information becomes available, or what areas may become essential over 
time.
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species.'' (50 
CFR 424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species can not be met within currently occupied areas, we will not 
designate critical habitat in areas outside the geographic area 
occupied by the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (59 FR 34271), 
provides criteria, establishes procedures, and provides guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. This policy requires our biologists, to the extent 
consistent with the Act and with the use of the best scientific and 
commercial data available, to use primary and original sources of 
information as the basis for recommendations to designate critical 
habitat. When determining which areas are critical habitat, a primary 
source of information should be the listing package for the species. 
Additional information may be obtained from a recovery plan, articles 
in peer-reviewed journals, conservation plans developed by States and 
counties, scientific status surveys and studies, biological 
assessments, unpublished materials, and expert opinions.
    Habitat is often dynamic, and populations may move from one area to 
another over time. Furthermore, we

[[Page 37507]]

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 important to 
understand that critical habitat designations do not signal that 
habitat outside the designation is unimportant or may not be required 
for recovery. Areas outside the critical habitat designation will 
continue to be subject to conservation actions that may be implemented 
under section 7(a)(1) of the Act and to the regulatory protections 
afforded by the section 7(a)(2) jeopardy standard and the prohibitions 
of section 9 of the Act, as determined on the basis of the best 
available information at the time of the action. We specifically 
anticipate that federally funded or assisted projects affecting listed 
species outside their designated critical habitat areas may still 
result in jeopardy findings in some cases. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available to these 
planning efforts calls for a different outcome.

Methods

    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12) we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the conservation of Chorizanthe pungens var. pungens. 
This included information from the CNDDB (CNDDB 2000), soil survey maps 
(SCS1978,1980), recent biological surveys and reports, additional 
information provided by interested parties, and discussions with 
botanical experts.
    We also reviewed the goals for the delisting of Chorizanthe pungens 
var. pungens included in our recovery plan that addresses seven coastal 
plant taxa and the Myrtle's silverspot butterfly (Service 1998). The 
criteria for delisting C. p. var. pungens include: (1) The funding and 
implementation of permanent protection of C. p. var. pungens through 
the Fort Ord disposal and reuse process, and (2) the permanent 
protection of private and public lands on the beaches and dunes along 
the coast that are occupied by C. p. var. pungens or contain its 
habitat. At the time the recovery plan was prepared, Fort Ord was 
considered the most important inland occurrence of C. p. var. pungens 
because of the extent of habitat it occupied there. The discovery of 
additional inland populations over the last few years has led us to 
conclude that these other sites are equally as important in 
contributing to the long-term conservation of the species.
    The plan calls for the following recovery actions: (1) Protect 
habitat for Chorizanthe pungens var. pungens by working with landowners 
and local lead agencies; (2) obtain life history and response-to-
management information, particularly concerning the role of substrate 
disturbance in the establishment and persistence of C. p. var. pungens; 
(3) develop and implement management practices for occurrences of C. p. 
var. pungens, particularly with respect to controlling invasive, non-
native species; (4) monitor occurrences for population trends and for 
effectiveness of reducing and eliminating threats; and (5) increase 
public awareness of the species and its associated habitats through 
various outreach efforts. Although the recovery plan does not provide 
more detailed conservation recommendations for specific areas, we 
believe that the designation of critical habitat for C. p. var. pungens 
is consistent with these recommended recovery actions.
    We also conducted site visits. Frequently we were accompanied by 
agency representatives at locations managed by local, State or Federal 
agencies, including Manresa, Sunset, Marina, Monterey, and Asilomar 
State Beaches; Service lands at Salinas River National Wildlife Refuge; 
Bureau of Land Management (BLM) lands at former Fort Ord; Moss Landing 
Marine Laboratory; Moss Landing North Harbor District; Monterey 
Airport; Caltrans lands in the vicinity of Prunedale; and Manzanita 
County Park. We have also made site visits to certain privately owned 
lands, such as those owned by Pebble Beach Company along 17-Mile Drive 
and at Spanish Bay, and those owned by TNC at Blohm Ranch.
    Much of the coastline along Monterey Bay and the Monterey Peninsula 
includes resources of concern to the California Coastal Commission 
(Commission). The Coastal Act requires that projects within the coastal 
zone be reviewed and permitted by the Commission, or by local planning 
agencies that have a Local Coastal Plan (LCP) certified by the 
Commission. Section 30240 of the Coastal Act requires that areas 
recognized as environmentally sensitive habitat areas (ESHAs) be 
protected against any significant disruption of habitat values. Only 
uses dependent on those resources shall be allowed within those areas. 
In general, dunes are considered ESHAs becase they include plant or 
animal life or their habitats which are either rare or especially 
valuable because of their special nature or role in the ecosystem and 
which could be easily disturbed or degraded by human activities and 
developments (Coastal Commission 2001). The counties of Santa Cruz and 
Monterey both have LCPs that allow only resource-dependent uses in 
habitats known to support rare and endangered species. The County of 
Monterey also recognizes dune habitat, with or without rare and 
endangered species, as ESHAs, and requires the protection of 
environmentally sensitive habitats in new land divisions or 
developments through deed restrictions or dedications of permanent 
conservation easements. The County of Santa Cruz requires protection of 
environmentally sensitive habitats through dedication of an open space 
or conservation easement to protect the portion of a sensitive habitat 
that is undisturbed by the proposed development (Service 1998). Local 
jurisdictions may request amendments to their LCPs from the Commission 
to allow for changes in land use not consistent with the current plan.
    These initiatives and planning efforts all recognize the 
sensitivity of the coastal habitats and resources along this portion of 
the central California coast. Due to the historic loss of the habitats 
that supported Chorizanthe pungens var. pungens, and in consideration 
of the primary constituent elements essential to the conservation of 
the species, we believe that future conservation and recovery of this 
species depends not only on protecting it in the areas that it 
currently occupies, but also on providing the opportunity for it to 
shift in distribution over time, and to increase its current 
distribution by designating currently unoccupied habitat within its 
range.
    All of the critical habitat units are occupied by either above-
ground plants or a seed bank. ``Occupied'' is defined here as an any 
area with above-ground Chorizanthe pungens var. pungens plants or a C. 
p. var. pungens seed bank of indefinite boundary. Current surveys need 
not have identified above-ground individuals for the area to be 
considered occupied because plants may still exist at the site as part 
of the seed bank (Given 1994). All occupied sites contain some or all 
of the primary constituent elements that are essential to the 
conservation of the species, as described below. In addition, each of 
the units probably contain areas currently unoccupied by the species. 
``Unoccupied'' is defined here as an area that contains no above-ground 
C. p. var.

[[Page 37508]]

pungens plants and that is unlikely to contain a viable seed bank. For 
the reasons discussed above, both occupied and unoccupied areas that 
are designated as critical habitat are essential to the conservation of 
the species.
    Determining the specific areas that this taxon occupies is 
difficult for several reasons: (1) The distribution of Chorizanthe 
pungens var. pungens appears to be more closely tied to the presence of 
sandy soils than to specific plant communities; the plant communities 
may undergo changes over time, which, due to the degree of cover that 
is provided by that vegetation type, may or may not favor the growth of 
C. p. var. pungens above ground; (2) the way the current distribution 
of C. p. var. pungens is mapped can vary, depending on the scale at 
which patches of individuals are recorded (e.g., many small patches 
versus one large patch); and (3) depending on the climate and other 
annual variations in habitat conditions, the extent of the 
distributions may either shrink and temporarily disappear, or, if there 
is a residual seedbank present, enlarge and cover a more extensive 
area. Because it is difficult to determine how extensive the seed bank 
is at any particular site and because above-ground plants may or may 
not be present in all patches within a site every year, we cannot 
quantify in any meaningful way what proportion of each critical habitat 
unit may actually be occupied by C. p. var. pungens. Therefore, patches 
of unoccupied habitat are interspersed with patches of occupied 
habitat; the inclusion of unoccupied habitat in our critical habitat 
units reflects the dynamic nature of the habitat and the life history 
characteristics of this taxon. Unoccupied areas provide habitat into 
which populations might expand, provide connectivity or linkage between 
colonies within a unit, and support populations of pollinators and seed 
dispersal organisms.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat we consider those physical and biological features (primary 
constituent elements) that are essential to the conservation of the 
species and that may require special management considerations or 
protection. These include, but are not limited to--space for individual 
and population growth, and for normal behavior; food, water, air, 
light, minerals or other nutritional or physiological requirements; 
cover or shelter; sites for germination, or seed dispersal; and 
habitats that are protected from disturbance or are representative of 
the historic geographical and ecological distributions of a species.
    Much of what is known about the specific physical and biological 
requirements of Chorizanthe pungens var. pungens is described in the 
Background section of this final rule.
    Several coastal dune restoration efforts have included measures to 
propagate and reintroduce Chorizanthe pungens var. pungens, notably at 
Moss Landing North Harbor, Pajaro Dunes, and the University of 
California's Moss Landing Marine Laboratory (MLML). Such efforts have 
contributed to our understanding that C. p. var. pungens readily grows 
where suitable sandy substrates occur and competition with other plant 
species is minimal (Harding Lawson Associates 2000; J. Dorrell-Canepa, 
pers. comm., 2000; P. Slattery, dune ecologist, MLML, pers. comm., 
2000). Where C. p. var. pungens occurs within native plant communities, 
along the coast as well as at more interior sites, it occupies 
microhabitat sites found between scrub and shrub stands where there is 
little cover from other herbaceous species. Where C. p. var. pungens 
occurs within grassland communities, the density of C. p. var. pungens 
may decrease with an increase in the density of other herbaceous 
species.
    As has been observed at former Fort Ord, human caused disturbance, 
such as scraping along roadsides and firebreaks, can favor the 
abundance of Chorizanthe pungens var. pungens by reducing competition 
from other herbaceous species. However, because such disturbance also 
can promote the spread and establishment of non-native species, can 
bury the seedbank of C. p. var. pungens, and does not result in the 
cycling of nutrients and soil microbial changes that occur from fire, 
this type of management may not sustain populations over the long term 
and would likely result in a general degradation of habitat for C. p. 
var. pungens if conducted over large areas. At other locations where C. 
p. var. pungens occurs, its habitat may include a large complement of 
non-native species. Management activities such as mowing, scraping, or 
in some situations, tilling, would need to be repeated frequently and 
may not be practical in all areas where C. p. var. pungens habitat 
includes a complement of non-native species. Moreover, while the 
presence of C. p. var. pungens could be maintained in areas with a high 
abundance of non-native species, the habitat quality of these areas may 
be less than areas where the presence of non-native species is minimal.
    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Chorizanthe pungens var. pungens are:
    (1) Sandy soils associated with active coastal dunes, coastal 
bluffs with a deposition of windblown sand, inland sites with sandy 
soils, and interior floodplain dunes;
    (2) Plant communities that support associated species, including 
coastal dune, coastal scrub, grassland, maritime chaparral, oak 
woodland, and interior floodplain dune communities, and have a 
structure with openings between the dominant elements (e.g., scrub, 
shrub, oak trees, clumps of herbaceous vegetation);
    (3) No or little cover by non-native species which compete for 
resources available for growth and reproduction of Chorizanthe pungens 
var. pungens; and
    (4) Physical processes, such as occasional soil disturbance, that 
support natural dune dynamics along coastal areas.

Site selection

    We selected critical habitat areas to provide for the conservation 
of Chorizanthe pungens var. pungens at four coastal sites and six 
inland sites where it is known to occur. Historic locations for which 
there are no recent records of occupancy (within the last 20 years) 
were not proposed for designation, including large areas of the Salinas 
Valley floodplain that have been converted to agriculture over the last 
100 years and potentially suitable areas around San Simeon in San Luis 
Obispo County and along the Salinas River near San Lucas in Monterey 
County.
    The long term probability of the conservation of Chorizanthe 
pungens var. pungens is dependent upon the protection of existing 
population sites, and the maintenance of ecological functions within 
these sites, including connectivity between sites within close 
geographic proximity to facilitate pollinator activity and seed 
dispersal mechanisms, and the ability to maintain disturbance factors 
(for example, dune dynamics in the coastal sites, and fire disturbance 
at inland sites) that maintain the openness of vegetative cover on 
which the species depends. Threats to the habitat of C. p. var. pungens 
include: industrial and recreational development; road development; 
human and equestrian recreational use; and dune stabilization as a 
result of the introduction of non-native species (59 FR 5499; February 
4, 1994). The areas we are designating as critical habitat provide some 
or all of

[[Page 37509]]

the habitat components essential for the conservation of C. p. var. 
pungens. Given the species' need for an open plant community structure 
and the risk from non-native species invasions, we believe that these 
areas may require special management considerations or protection.

Special Management Considerations or Protections

    Special management considerations or protections may be needed to 
maintain the primary constituent elements for Chorizanthe pungens var. 
pungens within the units designated as critical habitat. In some cases, 
protection of existing habitat and current ecological processes may be 
sufficient to ensure that populations of C. p. var. pungens are 
maintained at those sites, and have the ability to reproduce and 
disperse into surrounding habitat. In other cases, however, active 
management may be needed to maintain the primary constituent elements 
for C. p. var. pungens. We have outlined below the most likely kinds of 
special management and protection that C. p. var. pungens may require.
    (1) In near-coastal areas, the supply and movement of sand along 
the coast must be maintained to create the dynamic dune habitats that 
are needed for Chorizanthe pungens var. pungens.
    (2) In more interior locations, the sandy soils on which 
Chorizanthe pungens var. pungens is found should be maintained to 
optimize conditions for it. Physical properties of the soil, such as 
its chemical composition, salinity, and drainage capabilities would 
best be maintained by limiting or restricting the use of herbicides, 
fertilizers, or other soil amendments that are applied.
    (3) The associated plant communities must be maintained to ensure 
that the habitat needs of pollinators and dispersal agents are 
maintained. The use of pesticides should be limited or restricted so 
that viable populations of pollinators are present to facilitate 
reproduction of Chorizanthe pungens var. pungens. Fragmentation of 
habitat (e.g. through construction of roads or certain types of 
fencing) should be limited so that seed dispersal agents may move seed 
of C. p. var. pungens throughout the unit.
    (4) In some plant communities, it may be important to maintain a 
mosaic of different-aged stands of coastal scrub or maritime chaparral 
patches so that openings that support Chorizanthe pungens var. pungens 
will be maintained. Depending on location, the use of prescribed fire, 
thinning, or other forms of vegetation management may be useful in 
creating and maintaining this type of mosaic, particularly if natural 
processes that generally result in maintaining such a mosaic are 
altered due to human activities.
    (5) In all plant communities where Chorizanthe pungens var. pungens 
occurs, invasive, non-native species such as harding grass (Phalaris 
aquatica), veldt grass (Ehrharta sp.), European beachgrass, iceplant, 
and other species need to be actively managed to maintain the open 
habitat that C. p. var. pungens needs.
    (6) Certain areas where Chorizanthe pungens var. pungens occurs may 
need to be fenced to protect them from accidental or intentional 
trampling by humans or livestock. While C. p. var. pungens appears to 
withstand light to moderate disturbance, heavy disturbance may be 
detrimental to its persistence. Seasonal exclusions may work in certain 
areas to protect C. p. var. pungens during its critical season of 
growth and reproduction.

Criteria Used to Identify Critical Habitat

    We believe it is important to preserve all areas that currently 
support native populations of Chorizanthe pungens var. pungens because 
the species has undergone a reduction in range which places a great 
importance on the conservation of all the known remaining sites. When 
possible, areas that were in close geographic proximity were included 
in the same unit to emphasize the need to maintain connectivity between 
different populations. We also included habitat for C. p. var. pungens 
adjacent to and contiguous to areas of known occurrences to maintain 
landscape scale processes. Some units were mapped with a greater 
precision than others, based on the available information and the size 
of the unit. Each unit contains habitat that is occupied by C. p. var. 
pungens.
    The proposed critical habitat units were delineated by creating 
data layers in a geographic information system (GIS) format of the 
areas of known occurrences of Chorizanthe pungens var. pungens, using 
information from the CNDDB (CNDDB 2000), recent biological surveys and 
reports, our recovery plan for this species, and discussions with 
botanical experts. These data layers were created on a base of USGS 
7.5' quadrangles obtained from the State of California's Stephen P. 
Teale Data Center. We defined the boundaries for the proposed critical 
habitat units using roads and known landmarks and, if necessary, 
township, range, and section numbers from the public land survey. 
During preparation of the final rule, we found several discrepancies 
between the legal description of the boundaries of the critical habitat 
units and the boundaries of the units as depicted in the maps 
accompanying the proposed rule. The discrepancies resulted primarily 
through our use of data layers created at a small scale (e.g., 
1:100,000 scale USGS mapping) during preparation of the maps of 
proposed critical habitat. For the final rule, the mapped boundaries of 
critical habitat first were corrected to be consistent with the 
boundaries as described in the proposed rule. We then modified the 
boundaries of proposed critical habitat using information on the 
location of existing developed areas from recent aerial imagery (April, 
2000), additional information from botanical experts, and comments on 
the proposed rule. The boundaries of the final critical habitat units 
are defined by Universal Transverse Mercator (UTM).
    We also considered the status of habitat conservation plan (HCP) 
efforts in proposing areas as critical habitat. Section 10(a)(1)(B) of 
the Act authorizes us to issue permits for the take of listed wildlife 
species incidental to otherwise lawful activities. An incidental take 
permit application must be supported by an HCP that identifies 
conservation measures that the permittee agrees to implement for the 
species to minimize and mitigate the impacts of the permitted 
incidental take. Although ``take'' of listed plants is not prohibited 
by the Act, listed plant species may also be covered in an HCP 
developed primarily for wildlife species.
    The only HCP that is operative and has an executed Implementation 
Agreement within the critical habitat that was proposed for Chorizanthe 
pungens var. pungens is the HCP for the North of Playa project site 
(Zander Associates 1995), within Sand City (Marina Unit). Subsection 
4(b)(2) of the Act allows us to exclude from critical habitat 
designation areas where the benefits of exclusion outweigh the benefits 
of designation, provided the exclusion will not result in the 
extinction of the species.
    Habitat for Chorizanthe pungens var. pungens in the North of Playa 
HCP plan area is already managed for the benefit of this and other 
covered species under the terms of the associated section 10(a)(1)(B) 
permit. We believe the assurances provided through the HCP and permit 
are sufficient to provide for the conservation of C. p. var. pungens in 
that area. Any additional benefit provided by designating these lands 
as critical habitat would be minimal at best. In contrast, the benefits 
of

[[Page 37510]]

excluding lands covered by this HCP would be significant in preserving 
positive relationships with our conservation partners, particularly by 
reinforcing the regulatory assurances provided for in the 
implementation agreement for the HCP. We believe they outweigh the 
benefits of designating this area as critical habitat. Furthermore, we 
have determined that excluding this area from critical habitat 
designation will not result in the extinction of the species. The main 
regulatory benefit of critical habitat designation is the requirement 
that Federal agencies consult with us and ensure that their actions do 
not destroy or adversely modify designated critical habitat. As these 
areas are occupied by the species, Federal agencies are already 
required to consult with us and ensure their actions here do not 
jeopardize the continued existence of the species. This requirement 
will ensure that excluding this area does not result in the extinction 
of the species. Consequently, these lands have not been included in 
this critical habitat designation for the Marina Unit.
    A large planning effort is currently underway to address the 
conservation needs for a number of threatened and endangered species, 
in addition to sensitive unlisted species, for the lands formerly known 
as Fort Ord. The Defense Base Realignment and Closure Commission 
selected the 11,340-ha (28,000-ac) Fort Ord for closure in 1991. As a 
requirement of a biological opinion issued by the Service in 1993, the 
Installation-wide Multispecies Habitat Management Plan for Former Fort 
Ord, California (HMP), was prepared in 1994 and revised in 1997 by the 
Army to address listed, proposed, candidate, and sensitive species and 
their habitat. The HMP provides a comprehensive plan for minimizing and 
mitigating impacts to sensitive species and their habitats while 
allowing disposal and redevelopment of the base. Under the HMP, over 
6,880 ha (17,000 ac) is designated for eventual habitat conservation. 
The Bureau of Land Management (BLM) will receive approximately 6,070 ha 
(15,000 ac) of undeveloped land to be managed for habitat and sensitive 
species. California Department of Parks and Recreation (CDPR) will 
receive the coastal properties, a large portion of which will be 
restored and managed for sensitive species. Several other entities will 
also receive property which they will manage for conservation of 
habitat and sensitive species. The remaining areas of the base, 
including many areas that have already been developed as part of the 
base operations, will be available for land development. As of October 
2001, a total of approximately 4,290 ha (10,600 ac) of former Fort Ord 
had been transferred. Approximately 3,160 ha (7,800 ac) identified as 
habitat reserve were transferred, of which about 2,910 ha (7,200 ac) 
were transferred to BLM, 215 ha (530 ac) were transferred to the 
University of California, Santa Cruz, and 16 ha (40 ac) were 
transferred to the City of Marina.
    The Service has designated critical habitat on lands of the former 
Fort Ord specified as ``Habitat Reserve,'' ``Habitat Corridor,'' and 
``Development with Reserve Areas or Development with Restrictions'' as 
shown on the map and post-transfer modifications of the HMP. In 
finalizing this critical habitat rule we have not included lands that 
the HMP designated solely for development, with no accompanying 
resource conservation requirements, that were included as critical 
habitat in the proposed rule. Lands within easements remain in this 
critical habitat designation where they cross the Reserve, Corridor, or 
Development with Reserve designations listed above.
    The Service has consulted with the Army on the closure and reuse of 
Fort Ord. The Fort Ord critical habitat unit is entirely encompassed 
within the area covered by that consultation. The biological opinions 
resulting from consultation with the Army on the closure and reuse of 
former Fort Ord determined that development according to the HMP would 
not jeopardize the continued existence of Chorizanthe pungens var. 
pungens. This determination was based on full implementation of the 
HMP, including the appropriate management of habitat reserve areas. 
Recently, the Army's ability to fully implement the HMP has come into 
question. Specifically, the Army's ability to conduct prescribed burns 
to clear vegetation in habitat reserve areas was impeded by two 
lawsuits brought by the Monterey Bay Unified Air Pollution Control 
District against the Army during the past several years. The Army uses 
prescribed burns to clear vegetation prior to the cleanup of ammunition 
and explosives that remain on former ranges. Following a ruling on the 
most recent of these lawsuits, the Army is embarking on an evaluation 
of alternative methods of vegetation clearance, including prescribed 
burning, under CERCLA. If the Army is not able to fully implement those 
measures in the HMP that protect and conserve listed and sensitive 
species, then the design of reserve and development lands may need to 
be reevaluated along with this critical habitat designation.
    On former Fort Ord lands, the HMP would be the basis of each 
subsequent HCP submitted by a non-Federal land recipient applying for a 
section 10(a)(1)(B) incidental take permit. A draft programmatic HCP 
submitted by the Fort Ord Reuse Authority is under review by the 
Service.
    Throughout this designation, in selecting areas of critical habitat 
we made an effort to avoid developed areas, such as housing 
developments, that are unlikely to contribute to the conservation of 
Chorizanthe pungens var. pungens. However, we did not map critical 
habitat in sufficient detail to exclude all developed areas, or other 
lands unlikely to contain the primary constituent elements essential 
for the conservation of C. p. var. pungens. Areas within the boundaries 
of the mapped units, such as buildings, roads, parking lots, railroads, 
airport runways and other paved areas, lawns, and other urban 
landscaped areas will not contain any of the primary constituent 
elements. Therefore, Federal actions limited to these areas would not 
trigger a section 7 consultation unless it is determined that such 
actions may affect the species and/or its designated critical habitat 
(e.g. certain actions may affect the species or its critical habitat an 
adjacent area).

Critical Habitat Designation

    The critical habitat areas described below constitute our best 
assessment at this time of the areas needed for the conservation of 
Chorizanthe pungens var. pungens. Critical habitat for C. p. var. 
pungens includes 10 units that currently support the species. The areas 
being designated as critical habitat are either along the coast between 
Sunset State Beach in Santa Cruz County, south to Asilomar State Beach 
in Monterey County, or are at inland sites ranging from the Aptos area 
in Santa Cruz County, south to a stretch of the Salinas River near 
Soledad in Monterey County, California, and include the appropriate 
dune, maritime chaparral, or oak woodland habitats that support C. p. 
var. pungens. We have designated approximately 7,620 ha (18,830 acres) 
of land as critical habitat for C. p. var. pungens. Approximately 57 
percent of this area consists of Federal lands, while State lands 
comprise approximately 9 percent, County and other local jurisdiction 
lands comprise approximately 4 percent, and private lands comprise 
approximately 31 percent of the critical habitat.
    A brief description of each critical habitat unit is given below:

[[Page 37511]]

Coastal units

Unit A: Sunset Unit

    Unit A includes approximately 35 ha (85 ac) of critical habitat, 
consisting of coastal beaches, dunes, and bluffs west of Watsonville in 
southern Santa Cruz County. This entire unit is within Sunset State 
Beach. The unit includes land from Sunset Beach Road south to the gate 
on Shell Road, just north of the mouth of the Pajaro River, and west of 
the main road that extends the length of the park. This unit supports a 
population of Chorizanthe pungens var. pungens that numbers in the tens 
of thousands. This unit is important because it supports the 
northernmost population found along the coast, as well as being one of 
only four populations along the coast. Preserving the genetic 
characteristics that have allowed individuals at this site to survive 
under these slightly different environmental conditions (i.e., more 
northerly coastal conditions) may be important for the long-term 
survival and conservation of C. p. var. pungens.

Unit B: Moss Landing Unit

    Unit B includes approximately 182 ha (452 ac) of critical habitat. 
It consists of coastal beaches, dunes, and bluffs to the north and 
south of the community of Moss Landing in northern Monterey County. The 
northern portion of this unit includes lands owned and managed by the 
State, including portions of Zmudowski State Beach and Moss Landing 
State Beach as well as the private land between these two parks, 
between the mouths of the Pajaro River and Elkhorn Slough. The southern 
portion of this unit includes two portions of Salinas River State Beach 
and the private lands between these two portions. Two other small 
pieces of the unit include portions of the Moss Landing North Harbor 
District (MLNHD), and the MLML. Local agency lands (MLNHD) comprise 2 
percent of the unit, while State lands comprise 86 percent, and private 
lands comprise 12 percent of the unit. This unit currently supports a 
population of Chorizanthe pungens var. pungens that numbers in the tens 
of thousands (P. Slattery, MLML, pers. comm., 2001). This unit is 
important because it supports one of only four populations found along 
the coast and because it provides connectivity between the Sunset unit 
to the north, and the Marina unit to the south.

Unit C: Marina Unit

    Unit C contains approximately 720 ha (1,780 ac) of critical 
habitat. The unit consists of coastal beaches, dunes, and bluffs 
ranging from just south of the mouth of the Salinas River, south to the 
city of Monterey in northern Monterey County. These lands are almost 
entirely west of Highway 1, with the exception of a small portion of 
land between Del Monte Boulevard and Highway 1 in Sand City. Federal 
lands, which comprise 44 percent of the unit, include a portion of the 
Salinas River National Wildlife Refuge, and lands known as former Fort 
Ord. State lands, which comprise 3 percent of the unit, include Marina 
State Beach and Monterey State Beach. Private lands account for 53 
percent of the unit. An area of 1.9 ha (4.6 ac) within Sand City known 
as North of Playa, has been excluded from the unit because a HCP for 
this restoration site included Chorizanthe pungens var. pungens as a 
covered species. In addition, Federal lands at the Naval Postgraduate 
School were not included, because DON has recently completed a final 
INRMP that addresses the conservation of C. p. var. pungens. This unit 
currently supports a population of C. p. var. pungens that numbers in 
the tens of thousands. This unit is important because it supports one 
of only four populations found along the coast and because it provides 
connectivity between the coastal populations and the more interior 
populations found at former Fort Ord.

Unit D: Asilomar Unit

    Unit D includes approximately 125 ha (310 ac) of critical habitat. 
It consists of coastal dunes and bluffs near the communities of Pacific 
Grove and Pebble Beach on the Monterey Peninsula in northern Monterey 
County. The unit is generally bounded by the extrapolated western 
extension of Lighthouse Avenue to the north and the portion of 17 Mile 
Drive between Point Joe and Sloat Road to the south. It is bounded on 
the east by Sunset Drive south to Arena Avenue, Arena Avenue to 
Asilomar Boulevard, Asilomar Boulevard to Highway 68, from this corner 
generally south to the junction of 17 Mile Drive and Spanish Bay Road. 
The unit is comprised of State lands at Asilomar State Beach (about 80 
percent) and private lands, including those near Spanish Bay (about 20 
percent). This unit currently supports a population of Chorizanthe 
pungens var. pungens that numbers in the thousands. This unit is 
important because it supports one of only four populations found along 
the immediate coast, and is also the southernmost occurrence of C. p. 
var. pungens along the coast. Preserving the genetic characteristics 
that have allowed individuals at this site to survive under these 
slightly different environmental conditions (i.e., more southerly 
coastal conditions) may be important for the long-term survival and 
conservation of C. p. var. pungens.

Inland Units

Unit E: Freedom Boulevard Unit

    Unit E includes approximately 85 ha (205 ac) of critical habitat. 
The unit consists of grassland, maritime chaparral, and oak woodland 
habitat near the western terminus of Freedom Boulevard and northeast of 
Highway 1 in Santa Cruz County. The unit is bounded on the western 
boundary by Freedom Boulevard from Valencia Road to McDonald Road, then 
north on McDonald Road to Apple Road. The northern boundary runs 
approximately 0.4 km (0.25 mi) east from McDonald Road, then jogs south 
to Freedom Boulevard, and follows Freedom Boulevard for approximately 
0.8 km (0.5 mi). The eastern boundary heads directly south from Freedom 
Boulevard at this point for approximately 0.6 km (0.4 mi). The southern 
boundary heads directly west from this point to Freedom Boulevard near 
the intersection with Valencia Road. This entire unit consists of 
privately owned lands. This unit currently supports a population of 
Chorizanthe pungens var. pungens that numbers in the thousands in 
favorable years, but many fewer in unfavorable years. This unit is 
important because it, along with the Bel Mar unit, is the northernmost 
occurrence away from the immediate coast. Preserving the genetic 
characteristics that have allowed individuals at this site to survive 
under these slightly different environmental conditions (i.e., at the 
northern end of its range) may be important for the long-term survival 
and conservation of C. p. var. pungens.

Unit F: Bel Mar Unit

    Unit F includes approximately 33 ha (82 acres) of critical habitat. 
The unit consists of maritime chaparral habitat near the terminus of 
East Bel Mar Dive, between Larkin Valley Road and Highway 1 near the 
community of La Selva Beach in southern Santa Cruz County. This unit 
consists of privately owned lands, with 3 acres of State lands, and 
currently supports a population of Chorizanthe pungens var. pungens 
that numbers in the thousands in favorable years, but many fewer in 
unfavorable years. This unit is important because it, along with the 
Freedom unit, is the northernmost occurrence away from the immediate 
coast. Preserving the genetic characteristics that have allowed 
individuals at this site to survive under

[[Page 37512]]

these slightly different environmental conditions (i.e., at the 
northern end of its range) may be important for the long-term survival 
and conservation of C. p. var. pungens.

Unit G: Prunedale Unit

    Unit G includes approximately 1,815 ha (4,485 ac) of critical 
habitat. It consists of grassland, maritime chaparral, and oak woodland 
in the area around Prunedale in northern Monterey County. On the west 
side of Highway 101, the unit includes Manzanita County Park located 
between Castroville Boulevard and San Miguel Canyon Road. On the east 
side of Highway 101, the unit is generally bounded by Highway 101 to 
the west and north, Crazy Horse Canyon Road, and then Wild Horse Road 
and Herbert Road to the east, and Meadow Ridge Circle to the south. 
Approximately 9 percent of the unit consists of county park land, 8 
percent is owned by Caltrans, and 83 percent is privately owned.
    This unit currently supports multiple populations of Chorizanthe 
pungens var. pungens; in addition to the populations that have been 
known from Manzanita County Park for over a decade, it includes 
numerous populations that have been discovered in the past few years 
during surveys conducted for the Highway 101 Prunedale bypass project 
(R. Robison, in litt. 2001). This is one of only three units that are 
known to support populations away from the immediate coast and that 
support maritime chaparral and oak woodland habitats more 
representative of hotter, interior sites. Preserving the genetic 
characteristics that have allowed individuals at this site to survive 
under these slightly different environmental conditions may be 
important for the long-term survival and conservation of C. p. var. 
pungens. The Prunedale Unit also supports multiple populations in 
relatively close proximity to one another and supports suitable habitat 
that is important for the expansion of existing populations.

Unit H: Fort Ord Unit

    Unit H includes approximately 4,265 ha (10,530 ac) of critical 
habitat. It consists of grassland, maritime chaparral, coastal scrub, 
and oak woodland on the former DOD base at Fort Ord, east of the city 
of Seaside in northern Monterey County. Portions of Fort Ord have been 
transferred to the BLM; University of California, Santa Cruz; 
California State University at Monterey Bay; and local city and county 
jurisdictions. As of October 2001, approximately 4,290 ha (10,600 ac) 
of former Fort Ord had been transferred, of which about 3,160 ha (7,800 
ac) have been designated as habitat reserve in the HMP. As a result of 
these recent transfers, approximately 5 percent of this critical 
habitat unit is State land and 1 percent is under local jurisdiction. 
We considered all other land within this unit to be under Federal 
jurisdiction (about 94 percent). This unit is entirely within the area 
formerly known as Fort Ord, bounded by Highway 1 on the northwest, the 
Salinas River to the east and the Monterey-Salinas Road (Highway 68) to 
the south. This unit currently supports multiple populations of 
Chorizanthe pungens var. pungens that number in the tens of thousands. 
This is one of only three units that are known to support populations 
away from the immediate coast and that support maritime chaparral and 
oak woodland habitats more representative of hotter, interior sites. 
Preserving the genetic characteristics that have allowed individuals at 
this site to survive under these slightly different environmental 
conditions may be important for the long-term survival and conservation 
of C. p. var. pungens. It also supports multiple populations in 
relatively close proximity to one another and supports suitable habitat 
that is important for the expansion of existing populations.

Unit I: Del Rey Oaks Unit

    Unit I contains approximately 255 ha (640 ac) of critical habitat. 
It consists of grassland, maritime chaparral, and oak woodland near the 
community of Del Rey Oaks, southeast of the city of Seaside in northern 
Monterey County. This unit is generally bounded to the north and 
northeast by Rosita Road and South Boundary Road, to the east by York 
Road, to the south by the Monterey-Salinas Road (Highway 68), and by 
Olmstead Road and its extrapolated extension northward to Rosita Road 
on the west. Approximately 30 percent of the unit is owned by Monterey 
County Airport and other local jurisdictions, and 70 percent is 
privately owned. This unit currently supports multiple populations of 
Chorizanthe pungens var. pungens; at one time, habitat supporting these 
populations was likely continuous with habitat on former Fort Ord. 
Although fragmentation has occurred, it is possible that connectivity 
still exists between these areas. This unit is important because it 
supports multiple populations in relatively close proximity to one 
another and because it represents the southernmost extension of the 
population complex that occurs on former Fort Ord.

Unit J: Soledad Unit

    Unit J includes approximately 105 ha (260 ac) of critical habitat. 
It consists of an interior dune in the floodplain of the Salinas River 
channel just south of the town of Soledad in central Monterey County, 
on privately owned lands. This unit currently supports a population of 
Chorizanthe pungens var. pungens. This unit is the southernmost 
interior location that supports a population, and the only unit where 
C. p. var. pungens grows in interior floodplain dune habitat. 
Preserving the genetic characteristics that have allowed individuals at 
this site to survive in interior floodplain dune habitat may be 
important for the long-term survival and conservation of C. p. var. 
pungens.
    The approximate areas of proposed critical habitat by land 
ownership are shown in Table 1. Lands proposed are under private, 
county, State, and Federal jurisdiction, with Federal lands including 
lands managed by us, the DOD, and BLM.

   Table 1.--Approximate Areas, Given in Hectares (ha) and Acres (ac) \1\ of Designated Critical Habitat for Chorizanthe pungens var. pungens by Land
                                                                       Ownership.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        County and other
             Unit name                     State lands            Private lands       local jurisdictions       Federal lands              Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. Sunset..........................  35 ha (85 ac).........  0 ha (0 ac)...........  0 ha (0 ac)..........  0 ha (0 ac)..........  35 ha (85 ac).
B. Moss Landing....................  160 ha (390 ac).......  20 ha (55 ac).........  2 ha (7 ac)..........  0 ha (0 ac)..........  182 ha (452 ac).
C. Marina\2\.......................  25 ha (60 ac).........  380 ha (945 ac).......  0 ha (0 ac)..........  315 ha (775 ac)......  720 ha (1,780 ac).
D. Asilomar........................  100 ha (250 ac).......  25 ha (60 ac).........  0 ha (0 ac)..........  0 ha (0 ac)..........  125 ha (310 ac).
E. Freedom Blvd....................  0 ha (0 ac)...........  85 ha (205 ac)........  0 ha (0 ac)..........  0 ha (0 ac)..........  85 ha (205 ac).
F. Bel Mar.........................  3 ha (7 ac)...........  30 ha 75 ac)..........  0 ha (0 ac)..........  0 ha (0 ac)..........  33 ha (82 ac).
G. Prunedale.......................  145 ha (360 ac).......  1,515 ha (3,740 ac)...  155 ha (385 ac)......  0 ha (0 ac)..........  1,815 ha (4,485 ac).

[[Page 37513]]

 
H. Fort Ord (Current)\3\...........  215 ha (530 ac).......  0 ha (0 ac)...........  55 ha (130 ac).......  3,995 ha (9,870 ac)..  4,265 ha (10,530 ac).
I. Del Rey Oaks....................  0 ha (0 ac)...........  180 ha (450 ac).......  75 ha (190 ac).......  0 ha (0 ac)..........  255 ha (640 ac).
J. Soledad.........................  0 ha (0 ac)...........  105 ha (260 ac).......  0 ha (0 ac)..........  0 ha (0 ac)..........  105 ha (260 ac).
                                    -------------------------
    Total..........................  683 ha (1,682 ac).....  2,340 ha (5,790 ac)...  287 ha (712 ac)......  4,310 ha (10,645 ac).  7,620 ha (18,829 ac).
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of imprecision of mapping of each unit, hectares and acres
  greater than 10 have been rounded to the nearest 5; hectares and acres less than or equal to 10 have been rounded to the nearest whole number. Totals
  are sums of units.
\2\ Acreages assigned to various landowner categories for the Fort Ord portion of the Marina unit will change in the future once land transfers have
  been completed. We estimate the following after transfer: state, 835ac; local, 945 ac; federal, 0 ac.
\3\ Acreages assigned to various landowner categories for the Fort Ord unit will change in the future once land transfers have been completed. We
  estimate the following after transfer: state, 610 ac; local jurisdictions, 970 ac; federal, 8,950 ac.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to jeopardize the continued existence of any threatened or 
endangered species or result in the destruction or adverse modification 
of critical habitat designated for such species. Destruction or adverse 
modification of critical habitat 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 proposed species or result in destruction or adverse 
modification of proposed critical habitat. Conference reports provide 
conservation recommendations to assist the action 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 
designated. We may adopt the formal conference report as the biological 
opinion when the species is listed or critical habitat 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 activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide ``reasonable and prudent alternatives'' to the 
project, if any are identifiable. Reasonable and prudent alternatives 
are defined at 50 CFR 402.02 as alternative actions identified during 
consultation that can be implemented in a manner consistent with the 
intended purpose of the action, that are consistent with the scope of 
the Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that the Director 
believes would avoid the destruction or adverse modification of 
critical habitat. Reasonable and prudent alternatives can vary from 
slight project modifications to extensive redesign or relocation of the 
project. Costs associated with implementing a reasonable and prudent 
alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conference with us on actions for which formal 
consultation previously has been completed if those actions may affect 
designated critical habitat or adversely modify or destroy proposed 
critical habitat.
    Activities on Federal lands that may affect Chorizanthe pungens 
var. pungens 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 any other 
activity requiring Federal action (i.e., funding, authorization) will 
also continue to be subject to the section 7 consultation process. 
Federal actions not affecting C. p. var pungens or its critical 
habitat, as well as actions on non-Federal lands that are not federally 
funded or permitted, will not require section 7 consultation with 
respect to this species.
    Section 4(b)(8) of the Act requires us to briefly describe and 
evaluate in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat would 
be those that alter the primary

[[Page 37514]]

constituent elements to the extent that the value of critical habitat 
for the conservation of Chorizanthe pungens var. pungens is appreciably 
reduced. We note that such activities may also jeopardize the continued 
existence of the species. Activities that, when carried out, funded, or 
authorized by a Federal agency, may directly or indirectly destroy or 
adversely modify critical habitat include, but are not limited to:
    (1) Activities that alter watershed characteristics in ways that 
would appreciably alter or reduce the quality or quantity of surface 
and subsurface flow of water needed to maintain the maritime chaparral 
and oak woodland communities. Such activities adverse to Chorizanthe 
pungens var. pungens could include, but are not limited to, maintaining 
an unnatural fire regime either through fire suppression or prescribed 
fires that are too frequent or poorly-timed; residential and commercial 
development, including road building and golf course installations; 
agricultural activities, including orchardry, viticulture, row crops, 
and livestock grazing; and vegetation manipulation such as chaining or 
harvesting firewood in the watershed upslope from C. p. var. pungens; 
and
    (2) Activities that appreciably degrade or destroy native maritime 
chaparral and oak woodland communities, including but not limited to 
livestock grazing, clearing, discing, introducing or encouraging the 
spread of nonnative species, and heavy recreational use.
    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 ensures that actions funded, 
authorized, or carried out by Federal agencies are not likely to 
jeopardize the continued existence of a listed species or destroy or 
adversely modify the critical habitat designated for such species. 
Actions likely to jeopardize the continued existence of a species are 
those that would appreciably reduce the likelihood of its survival and 
recovery, and actions likely to destroy or adversely modify critical 
habitat are those that would appreciably reduce the value of critical 
habitat for the survival and recovery of the listed species. (50 CFR 
402.02)
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. All of the units we are designating 
are occupied by either above-ground plants or a Chorizanthe pungens 
var. pungens seed bank, and Federal agencies already consult with us on 
activities in areas where the species may be present to ensure that 
their actions do not jeopardize the continued existence of the species. 
Each unit also contains some areas which are considered unoccupied. 
However, we believe, and the economic analysis discussed below 
illustrates, that the designation of critical habitat is not likely to 
result in a significant regulatory burden above that already in place 
due to the presence of the listed species. Few additional consultations 
are likely to be conducted due to the designation of critical habitat. 
Actions on which Federal agencies consult with us include, but are not 
limited to:
    (1) Development on private lands requiring permits from Federal 
agencies, such as 404 permits from the U.S. Army Corps of Engineers or 
permits from other Federal agencies such as Housing and Urban 
Development, military activities of the U.S. Department of Defense 
(Navy and Army) on their lands or lands under their jurisdiction;
    (2) Activities of the BLM on their lands or lands under their 
jurisdiction;
    (3) Activities of the Federal Aviation Authority on their lands or 
lands under their jurisdiction;
    (4) The release or authorization of release of biological control 
agents by the U.S. Department of Agriculture;
    (5) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency under section 402 of the Clean Water Act; and
    (6) Construction of communication sites licensed by the Federal 
Communications Commission, and authorization of Federal grants or 
loans.
    Where federally listed wildlife species occur on private lands 
proposed for development and an HCP is submitted by an applicant to 
secure a permit to take according to section 10(a)(1)(B) of the Act, 
our issuance of such a permit would be subject to the section 7 
consultation process. In those situations where Chorizanthe pungens 
var. pungens may occur or its critical habitat is present within the 
area covered by the HCP, the consultation process would include 
consideration of the potential effects of granting the permit 
authorizing take of threatened or endangered wildlife species addressed 
by the HCP. Wildlife species that are listed under the Act and occur in 
the same general areas as C. p. var. pungens include the Smith's blue 
butterfly (Euphilotes enoptes smithi), which occurs at dunes from 
Salinas River National Wildlife Refuge south to the Naval Postgraduate 
School, and western snowy plover (Charadrius alexandrinus nivosus), 
which ranges from Zmudowski State Beach south along the coast to 
Monterey State Beach. Consultations conducted under Section 7 in 
relation to HCPs prepared for these wildlife species would address any 
effects that granting a permit for take of the wildlife species would 
have on C. p. var pungens, including its critical habitat.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Ventura Fish and Wildlife Office (see ADDRESSES 
section). Requests for copies of the regulations on listed wildlife and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Portland Regional Office, 911 NE 11th 
Avenue, Portland, OR 97232-4181 (503/231-6131, FAX 503/231-6243).

Relationship of Critical Habitat to Military Lands

    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. 
Special management and protection are not required if adequate 
management and protection are already in place. Adequate special 
management or protection is provided by a legally operative plan/
agreement that addresses the maintenance and improvement of the primary 
constituent elements important to the species and that manages for the 
long-term conservation of the species. If any areas containing the 
primary constituent elements are currently being managed to address the 
conservation needs of C. p. var. pungens management or protection, 
these areas would not meet the definition of critical habitat in 
section 3(5)(A)(i) of the Act and would not be included in this final 
rule.
    We consider several factors to determine if a plan provides 
adequate

[[Page 37515]]

management or protection. These factors are: (1) Whether there is a 
current plan specifying the management actions and whether such actions 
provide sufficient conservation benefit to the species; (2) whether the 
plan provides assurances that the conservation management strategies 
will be implemented; and (3) whether the plan provides assurances that 
the conservation management strategies will be effective.
    In determining if management strategies are likely to be 
implemented, we consider whether: (a) A management plan or agreement 
exists that specified the management actions being implemented or to be 
implemented; (b) there is a timely schedule for implementation; (c) 
there is a high probability that the funding source(s) or other 
resources necessary to implement the actions will be available; and (d) 
the party(ies) have the authority and long-term commitment to implement 
the management actions, as demonstrated, for example, by a legal 
instrument providing enduring protection and management of the lands.
    In determining whether an action is likely to be effective, we 
consider whether: (a) The plan specifically addresses the management 
needs, including reduction of threats to the species; (b) such actions 
have been successful in the past; (c) there are provisions for 
monitoring and assessment of the effectiveness of the management 
actions; and (d) adaptive management principles have been incorporated 
into the plan.
    The Sikes Act Improvement Act of 1997 (Sikes Act) requires each 
military installation that encompasses land and water suitable for the 
conservation and management of natural resources to have completed, by 
November 17, 2001, an Integrated Natural Resources Management Plan 
(INRMP). An INRMP integrates implementation of the military mission of 
the installation with stewardship of the natural resources found there. 
Each INRMP includes an assessment of the ecological needs of the 
installation, including needs to provide for the conservation of 
species listed as threatened or endangered pursuant to the Endangered 
Species Act; a statement of goals and priorities; a detailed 
description of management actions to be implemented to provide for 
these ecological needs; and a monitoring and adaptive management plan.
    As required by Section 7 of the Act, consultation is conducted on 
the development and implementation of INRMPs for installations with 
listed species. We believe that military installations that have 
completed and approved INRMPs which address the needs of species 
generally do not meet the definition of critical habitat discussed 
above, as they require no additional special management or protection. 
Therefore, we do not include these areas in critical habitat 
designations if they meet the following three criteria: (1) A current 
INRMP must be complete and provide a benefit to the species; (2) the 
plan must provide assurances that the conservation management 
strategies will be implemented; and (3) the plan must provide 
assurances that the conservation management strategies will be 
effective, by providing for periodic monitoring and revisions as 
necessary. If all of these criteria are met, then the lands covered 
under the plan would not meet the definition of critical habitat.
    The mission of the Naval Postgraduate School is to foster and 
encourage a program of education and research in order to sustain 
academic excellence. The majority of the coastal dune portion of the 
Naval Postgraduate School is designated as open beach and protected 
habitat zone with controlled public access, as compatible with mission 
requirements for academic research and training and resource 
protection.
    The DON has committed to continue implementing vegetation 
management and restoration activities that benefit Chorizanthe pungens 
var. pungens, including removal of invasive plant species that threaten 
the native vegetation community of the coastal dune portion of the 
Naval Postgraduate School. In the INRMP for the Naval Postgraduate 
School, the DON places a high priority on funding and implementing 
these efforts. In addition, the Naval Postgraduate School will continue 
its annual surveys to track the effectiveness of management actions 
taken to enhance and protect the local population of C. p. var. 
pungens. Since 1992, the DON and the Naval Postgraduate School have 
successfully implemented actions that benefit C. p. var. pungens.
    The DON funded a revegetation and rehabilitation project of the 
dunes of the Naval Postgraduate School, which was implemented in 1992. 
Prior to 1992, grading, compaction, introduction of fill material, and 
previous landscaping activities resulted in the loss of 80 percent of 
the native back dunes at the Naval Postgraduate School. Due to the 
efforts of the DON and the Naval Postgraduate School, the 18-hectare 
(45-acre) area has since undergone extensive native revegetation and 
efforts to control invasive non-native plant species, primarily 
iceplant, Bromus diandrus (ripgut brome grass ), and Ammophila arenaria 
(European dune grass). Following initial eradication of these invasive 
species, more than 90,000 plants of 50 native dune and coastal bluff 
species, including Chorizanthe pungens var. pungens, were planted over 
5 years (Cowan 1998, Navy 2001). Elimination of iceplant and ripgut 
brome grass (along with increased rainfall) was noted as a factor in 
the substantial increase of C. p. var. pungens plants from 1,600 plants 
in 1992 to more than 100,000 plants in 1998 (Cowan 1998). In 1999, 
colonies of sensitive plant species in the dunes appeared to be 
thriving, and most of the invasive plant species had been eradicated or 
were noted to be controlled by ongoing weeding (Greening Associates 
1999). In 2001, the DON formally consulted with the Service on 
potential adverse effects to C. p. var. pungens plants that may occur 
during ongoing and proposed invasive plant species control and 
vegetation management activities at the Naval Postgraduate School.
    In 2001, the DON completed a final INRMP for the Naval Postgraduate 
School. In their comments on the proposed rule, the DON requested that 
the lands of the School be excluded from the Marina unit of critical 
habitat because of the protections and management actions provided for 
Chorizanthe pungens var. pungens as part of the INRMP. We evaluated the 
INRMP and found that it meets the three criteria described above. We 
excluded these lands from critical habitat under the section 3(5)(A) 
definition.
    Lands at former Fort Ord are not discussed in this section because 
Fort Ord is no longer an active military installation. All but a few 
hundred acres at former Fort Ord are to be eventually transferred to 
non-military entities. The few hundred acres that the Army may retain 
are not within this critical habitat designation.

Economic Analysis

    Section 4(b)(2)of the Act requires us to designate critical habitat 
on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species concerned.
    Following the publication of the proposed critical habitat 
designation,

[[Page 37516]]

we conducted a draft Economic Analysis to estimate the potential 
economic effect of the designation. The draft analysis was made 
available for public review on September 19, 2001 (66 FR 48228). We 
accepted comments on the draft analysis until October 19, 2001.
    Our draft Economic Analysis evaluated the potential future effects 
associated with the listing of Chorizanthe pungens var. pungens as a 
threatened 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 the listing or with 
the critical habitat, including reinitiated 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.
    Our economic analysis recognizes that there may be costs from 
delays associated with reinitiating completed consultations after the 
critical habitat designation is made final. There may also be economic 
effects due to the reaction of the real estate market to critical 
habitat designation, as real estate values may be lowered due to a 
perceived increase in the regulatory burden. We believe these impacts 
will be short-term, however.
    Based on our draft analysis, we concluded that the designation of 
critical habitat would not result in a significant economic impact, and 
estimated the potential economic effects over a 10-year period would be 
$400,000. Costs to Federal agencies are expected to be approximately 
$150,000. Costs to State agencies are expected to be approximately 
$56,000, primarily resulting from consultations and project 
modifications in the Sunset, Marina, and Prunedale units. Local 
agencies are not expected to be impacted by the designation of critical 
habitat, principally because activities on local agency lands do not 
typically have Federal involvement. Costs to private landowners are 
expected to range from $170,000 to $200,000, primarily resulting from 
consultations and modifications within the Moss Landing, Marina, Fort 
Ord, and De Rey Oaks units. These estimates are based on the existing 
consultation history with agencies in this area and increased public 
awareness regarding the actual impacts of critical habitat designation 
on land values.
    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 values presented above may be an 
overestimate of the potential economic effects of the designation 
because the final designation has been reduced to encompass 7,620 ha 
(18,829 ac) versus the 10,443 ha (25,818 ac) proposed as critical 
habitat, a difference of 2,823 ha (6,989 ac).
    A copy of the final economic analysis and a description of the 
exclusion process with supporting documents are included in our 
administrative record and may be obtained by contacting our Ventura 
Fish and Wildlife Office (see ADDRESSES section).

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order (EO) 12866, this is a 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below.
    (a) In the economic analysis, we determined that 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. Chorizanthe pungens var. pungens was listed 
as threatened in February of 1994. Since that time we have conducted, 
and will continue to conduct, formal and informal section 7 
consultations with other Federal agencies to ensure that their actions 
will not jeopardize the continued existence of C. p. var. pungens.
    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 on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored, authorized, or permitted by a 
Federal agency (see Table 2 below). Based upon our understanding of 
this species and its ecological needs, we conclude that any Federal 
action or authorized action that could potentially result in the 
destruction or adverse modification of critical habitat would also be 
considered as ``jeopardy'' under the Act in areas occupied by the 
species.
    Accordingly, the designation of currently occupied areas as 
critical habitat is not anticipated to have any incremental impacts on 
what actions may or may not be conducted by Federal agencies or non-
Federal persons that receive Federal authorization or funding beyond 
the effects resulting from the listing of this species. Non-Federal 
persons that do not have a Federal ``sponsorship'' in their actions are 
not restricted by the designation of critical habitat. The designation 
of areas as critical habitat where section 7 consultations would not 
have occurred but for the critical habitat designation may have impacts 
on what actions may or may not be conducted by Federal agencies or non-
Federal persons who receive Federal authorization or funding that are 
not attributable to the species listing. These impacts were evaluated 
in our Economic Analysis (under section 4 of the Act; see Economic 
Analysis section of this rule).

[[Page 37517]]



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

    (b) This rule will not create inconsistencies with other agencies' 
actions. As discussed above, Federal agencies have been required to 
ensure that their actions not jeopardize the continued existence of 
Chorizanthe pungens var. pungens since its listing in 1994. We 
evaluated the impact of designating areas where section 7 consultations 
would not have occurred but for the critical habitat designation in our 
economic analysis (see Economic Analysis section of this rule). The 
prohibition against adverse modification of critical habitat is not 
expected to impose any restrictions in addition to those that currently 
exist on currently occupied land and will not create inconsistencies 
with other agencies' actions on unoccupied lands.
    (c) This final rule is not expected to materially affect 
entitlements, grants, user fees, loan programs, or the rights and 
obligations of their recipients. Federal agencies are currently 
required to ensure that their activities do not jeopardize the 
continued existence of the species, and as discussed above, we do not 
anticipate that the adverse modification analysis (resulting from 
critical habitat designation) will have any incremental effects.
    (d) OMB has determined that this rule raises novel and 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 Fairness 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 effect 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 
an 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 require a 
certification statement. In this rule, we are certifying that the 
critical habitat designation for Chorizanthe pungens var. pungens 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 could significantly 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, timber harvesting). We 
apply the ``substantial number'' test individually to each industry to 
determine if certification is appropriate. While the SBREFA does not 
explicitly define ``substantial number,'' the Small Business 
Administration, as well as other federal agencies, has interpreted this 
to represent an impact on 20 percent or greater of the number of small 
entities in any industry. 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 is 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 Chorizanthe pungens var. pungens. Federal agencies also must 
consult with us if their activities may affect critical habitat. 
Designation of critical habitat therefore, could result in an 
additional economic impact on small entities due to the requirement to 
reinitiate consultation for ongoing

[[Page 37518]]

Federal activities. Since C. p. var. pungens was proposed for listing 
we have conducted approximately four formal consultations.
    In the Economic Analysis, we found that the proposed designation 
could potentially impose total economic costs for consultations and 
modifications to projects within proposed critical habitat for 
Chorizanthe pungens var. pungens on privately owned land to be in a 
range from $170,000 to $200,000 over a 10 year period. The analysis 
estimated that private landowners will likely incur costs of $70,000 in 
Unit C (Moss Landing), $56,000 in Unit D (Marina), $30,000 to $60,000 
in Unit I (Fort Ord), and $14,000 in Unit J (Del Ray Oaks).
    For the final designation, the Service has elected to exclude from 
critical habitat all lands within the boundaries of former Fort Ord 
that have been explicitly designated for development without additional 
resource conservation measures. Therefore, any projects on these lands 
will not be subject to any consultations as a result of critical 
habitat designation for the Chorizanthe pungens var. pungens, unless a 
Federal action is involved that requires consultation because it may 
affect critical habitat (for example, if the action may affect critical 
habitat is nearby). Lands within former Fort Ord that have been 
designated for development with reserves, but are not explicitly slated 
for development in the immediate future, are included in the final 
designation. These lands may be subject to additional consultations in 
the future. The original estimates of the draft EA apply to these 
lands, as two to four consultations may be necessary in the future to 
address any development as it occurs (please see the draft EA for 
further discussion).
    Our draft Economic Analysis found that residential and commercial 
development on private land constitutes the primary activity that is 
likely to take place within the area designated as critical habitat for 
the Monterey spineflower. 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 65 small residential development and 
construction companies in Santa Cruz and Monterey counties. Because the 
draft EA estimates that at most 22 formal consultations could arise 
involving private entities, the analysis for impacts on small 
businesses assumes that at most 22 residential/small business entities 
may be affected the designation of critical habitat for Chorizanthe 
pungens var. pungens in Monterey and Santa Cruz counties over a ten 
year period.
    On average, over the ten year period of analysis, in each year 
there could be 2 to 3 consultations for real estate development 
projects. Assuming each consultation involves a different small 
business, approximately 2 to 4 percent of the total number of small 
residential development and construction companies could be affected 
annually by the designation of critical habitat for Chorizanthe pungens 
var. pungens. Because the percentage of small businesses that could be 
affected by this designation is far less than the 20 percent threshold 
that would be considered ``substantial,'' the economic analysis 
concludes that this designation will not affect a substantial number of 
small entities as a result of the designation of critical habitat for 
C. p. var. pungens.
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements for the two to three 
small businesses, on average, that may be required to consult with us 
each year regarding their project's impact on Chorizanthe pungens var. 
pungens and its habitat. 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 can 
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 resulting in adverse modification of 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 were 
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 
the reasonable and prudent alternatives. Secondly, 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 in section 7 consultations--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 very limited 
consultation history for Chorizanthe pungens var. pungens, with no 
consultations that resulted in a jeopardy determination and so no 
identified reasonable and prudent alternatives, 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 Chorizanthe pungens var. pungens. Based on the 
types of modifications and measures that have been implemented in the 
past for plant species, a developer may take such steps as installing 
fencing or re-aligning the project to avoid sensitive areas. The cost 
for implementing these measures for one project is expected to be of 
the same order of magnitude as the total cost of the consultation 
process, i.e., approximately $10,000. It should be noted that 
developers likely would already be required to undertake such measures 
due to regulations in the California Environmental Quality Act (CEQA). 
These measures are not likely to result in a significant economic 
impact to project proponents.
    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 
provided in the economic analysis, the potential economic impact of 
critical habitat designation for Chorizanthe

[[Page 37519]]

pungens var. pungens over the next 10 years is about $400,000. Out of 
this about one-half, $200,000, could potentially be borne by the 
private sector. On an annual basis, this amounts to about $20,000, 
which would not normally be considered a significant cost in the 
context of multi-acre real estate development projects that would most 
likely be affected by this designation as indicated in the economic 
analysis. Furthermore, due to the changes being made in the final rule 
regarding the designation of private lands, 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 a 
significant economic effect 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 Chorizanthe 
pungens var. pungens 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))

    In the economic analysis, we determined whether designation of 
critical habitat would cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions, or (c) any significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Refer to the final economic analysis for a discussion of 
the effects of this determination.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (a) This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. Small 
governments will be affected only to the extent that they must ensure 
that any programs involving Federal funds, permits, or other authorized 
activities must ensure that their actions will not adversely affect the 
critical habitat.
    (b) This rule will not produce a Federal mandate of $100 million or 
greater in any year, that is, it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act. The designation of 
critical habitat imposes no obligations on State or local governments.

Executive Order 13211

    On May 18, 2001, the President issued a 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. Although this rule is 
a significant regulatory action under Executive Order 12866, it is not 
expected to significantly affect energy supplies, distribution, or use. 
In our Economic Analysis, we did not identify energy production or 
distribution as being affected by this designation, and we received no 
comments indicating that the proposed designation could significantly 
affect energy supplies, distribution, or use. Therefore, this action is 
not a significant energy action and no Statement of Energy Effects is 
required.

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 critical habitat for Chorizanthe pungens var. pungens in a 
takings implication assessment. The takings implications assessment 
concludes that this final rule does not pose significant takings 
implications.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. As discussed above, the designation of critical habitat in 
areas currently occupied by Chorizanthe pungens var. pungens would have 
little incremental impact on State and local governments and their 
activities. The designations may have some benefit to these governments 
in that the areas essential to the conservation of these species are 
more clearly defined, and the primary constituent elements of the 
habitat necessary to the survival of the species are identified. While 
making this definition and identification does not alter where and what 
federally sponsored activities may occur, it may assist these local 
governments in long range planning, rather than waiting for case-by-
case section 7 consultation to occur.

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor has determined that this rule does 
not unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have designated critical 
habitat in accordance with the provisions of the Endangered Species 
Act, as amended. The rule uses standard property descriptions and 
identifies the primary constituent elements within the designated areas 
to assist the public in understanding the habitat needs of Chorizanthe 
pungens var. pungens.

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

    This rule does not contain any information collection requirements 
for which Office of Management and Budget approval under the Paperwork 
Reduction Act is required. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a valid OMB Control Number.

National Environmental Policy Act

    We have determined that an Environmental Assessment and/or an 
Environmental Impact Statement as defined by the National Environmental 
Policy Act of 1969 need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Endangered Species Act, as 
amended. A notice outlining our reason for this determination was 
published in the Federal Register on October 25, 1983 (48 FR 49244). 
This determination 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 the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a Government-to-Government basis. The designated critical 
habitat for Chorizanthe pungens var. pungens does not contain any 
Tribal lands or lands that we have identified as impacting Tribal trust 
resources.

[[Page 37520]]

References Cited

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

Author

    The authors of this final rule are Constance Rutherford and Diane 
Pratt, Ventura 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 [sect] 17.12(h) revise the entry for Chorizanthe pungens var. 
pungens under ``FLOWERING PLANTS'' in the List of Endangered and 
Threatened Plants to read as follows:


[sect] 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic range        Family            Status         When listed        Critical      Special rules
       Scientific name            Common name                                                                               habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Flowering Plants
 
                                                                      * * * * * * *
Chorizanthe pungens var.       Monterey          U.S.A. (CA).....  Polygonaceae--    T...............  528............  17.96(a).......  NA
 pungens.                       Spineflower.                        Buckwheat.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. Amend In [sect] 17.96(a) by adding critical habitat for the 
Monterey spineflower (Chorizanthe pungens var. pungens) in alphabetical 
order under Family Polygonaceae to read as follows:


[sect] 17.96  Critical habitat--plants.

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

Critical Habitat Map Units

    Data layers defining map units were mapped using Universal 
Transverse Mercator (UTM) coordinates.
    (4) Index Map Follows
BILLING CODE 4310-55-P

[[Page 37521]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.000


[[Page 37522]]


    (5) Unit A: Sunset Unit.
    (i) Santa Cruz County, California. From USGS 1:24,000 quadrangle 
map Watsonville West, lands bounded by the following UTM zone 10 NAD83 
coordinates (E,N): 603772, 4083610; 603885, 4083680; 603931, 4083700; 
604008, 4083560; 604053, 4083490; 604059, 4083450; 604054, 4083420; 
604045, 4083380; 604045, 4083350; 604080, 4083290; 604092, 4083270; 
604102, 4083220; 604103, 4083180; 604109, 4083160; 604122, 4083150; 
604149, 4083140; 604176, 4083120; 604202, 4083090; 604224, 4083060; 
604243, 4083040; 604256, 4083020; 604279, 4083000; 604303, 4082980; 
604328, 4082960; 604349, 4082920; 604373, 4082840; 604386, 4082800; 
604412, 4082710; 604424, 4082670; 604425, 4082640; 604425, 4082610; 
604426, 4082580; 604443, 4082530; 604449, 4082510; 604457, 4082490; 
604460, 4082470; 604480, 4082440; 604492, 4082430; 604504, 4082400; 
604512, 4082350; 604530, 4082300; 604546, 4082260; 604547, 4082250; 
604536, 4082200; 604688, 4081900; 604847, 4081650; 604743, 4081650; 
604613, 4081900; 604539, 4082040; 604449, 4082220; 604338, 4082450; 
604258, 4082580; 604205, 4082690; 604132, 4082830; 604076, 4082910; 
603987, 4083070; 603871, 4083280; 603804, 4083400; 603755, 4083480; 
603700, 4083580; 603772, 4083610.
    (ii) Map Unit A follows:

[[Page 37523]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.001

    (6) Unit B: Moss Landing Unit. Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Moss Landing, lands bounded 
by the following UTM zone 10 NAD83 coordinates (E,N): 608197, 4072970;

[[Page 37524]]

608305, 4072940; 608361, 4072820; 608468, 4072510; 608077, 4072480; 
608070, 4072540; 608067, 4072620; 608090, 4072700; 608121, 4072800; 
608163, 4072870; 608184, 4072900; 608193, 4072950; 608195, 4072970; 
608197, 4072970.
    608089, 4073400; 608023, 4073250; 607963, 4073120; 607937, 4073090; 
607914, 4073020; 607895, 4072920; 607866, 4072860; 607858, 4072820; 
607818, 4072630; 607783, 4072470; 607787, 4072360; 607718, 4072180; 
607663, 4071930; 607624, 4071730; 607616, 4071620; 607625, 4071340; 
607619, 4071290; 607625, 4071220; 607605, 4071170; 607597, 4071140; 
607592, 4071100; 607574, 4071040; 607576, 4071020; 607601, 4071010; 
607646, 4071000; 607672, 4070970; 607692, 4070940; 607656, 4070840; 
607654, 4070820; 607679, 4070780; 607679, 4070750; 607677, 4070720; 
607684, 4070700; 607710, 4070670; 607733, 4070590; 607745, 4070550; 
607696, 4070510; 607748, 4070450; 607742, 4070410; 607719, 4070370; 
607607, 4070320; 607557, 4070300; 607535, 4070280; 607537, 4070230; 
607574, 4070150; 607574, 4070130; 607561, 4070120; 607552, 4070110; 
607554, 4070100; 607566, 4070080; 607572, 4070050; 607545, 4070020; 
607521, 4070010; 607512, 4070000; 607504, 4069980; 607463, 4069770; 
607435, 4069720; 607418, 4069670; 607402, 4069610; 607338, 4069610; 
607338, 4069360; 607333, 4069350; 607322, 4069320; 607316, 4069290; 
607313, 4069280; 607314, 4069270; 607317, 4069260; 607316, 4069240; 
607314, 4069210; 607298, 4069170; 607287, 4069160; 607282, 4069140; 
607283, 4069120; 607278, 4069110; 607268, 4069100; 607254, 4069090; 
607219, 4069090; 607198, 4069020; 607178, 4068970; 607175, 4068850; 
607161, 4068800; 607131, 4068770; 607135, 4068750; 607177, 4068720; 
607191, 4068690; 607189, 4068650; 607175, 4068620; 607164, 4068610; 
607130, 4068620; 607100, 4068630; 607045, 4068660; 607022, 4068650; 
607002, 4068620; 606988, 4068540; 606945, 4068540; 606932, 4068590; 
606920, 4068600; 606901, 4068600; 606893, 4068580; 606886, 4068540; 
606828, 4068540; 606852, 4068630; 606870, 4068710; 606900, 4068790; 
606931, 4068860; 606992, 4069040; 607031, 4069240; 607093, 4069730; 
607101, 4069810; 607111, 4069870; 607152, 4070020; 607180, 4070130; 
607212, 4070210; 607230, 4070260; 607233, 4070300; 607228, 4070370; 
607262, 4070540; 607310, 4070740; 607328, 4070900; 607348, 4071020; 
607384, 4071160; 607406, 4071270; 607464, 4071520; 607513, 4071710; 
607592, 4072020; 607717, 4072510; 607772, 4072780; 607849, 4073030; 
608016, 4073440; 608089, 4073400.
    607999, 4074280; 607936, 4074600; 607872, 4074870; 607801, 4075110; 
607725, 4075270; 607602, 4075450; 607505, 4075620; 607438, 4075770; 
607271, 4076050; 607174, 4076270; 607109, 4076400; 607008, 4076690; 
606898, 4076960; 606803, 4077230; 606731, 4077410; 606659, 4077580; 
606604, 4077760; 606561, 4077910; 606502, 4078050; 606450, 4078190; 
606396, 4078350; 606352, 4078460; 606325, 4078610; 606354, 4078780; 
606487, 4078780; 606514, 4078680; 606549, 4078580; 606679, 4078020; 
606827, 4077460; 606860, 4077390; 606863, 4077370; 606841, 4077340; 
606846, 4077330; 606856, 4077320; 606883, 4077320; 606936, 4077240; 
607001, 4076990; 607221, 4076530; 607207, 4076520; 607206, 4076510; 
607216, 4076490; 607238, 4076470; 607272, 4076420; 607272, 4076390; 
607298, 4076370; 607309, 4076360; 607302, 4076350; 607290, 4076320; 
607281, 4076290; 607281, 4076270; 607363, 4076210; 607402, 4076180; 
607386, 4076150; 607385, 4076140; 607405, 4076130; 607447, 4076140; 
607463, 4076130; 607474, 4076100; 607446, 4076090; 607459, 4076070; 
607468, 4076050; 607462, 4076030; 607463, 4076010; 607478, 4075950; 
607520, 4075920; 607562, 4075870; 607571, 4075830; 607568, 4075800; 
607574, 4075780; 607613, 4075750; 607633, 4075680; 607659, 4075650; 
607659, 4075640; 607650, 4075630; 607631, 4075620; 607636, 4075580; 
607597, 4075560; 607653, 4075490; 607690, 4075440; 607760, 4075370; 
607796, 4075330; 607827, 4075300; 607872, 4075190; 607912, 4075110; 
607947, 4074930; 607954, 4074720; 608021, 4074540; 608040, 4074460; 
608058, 4074340; 607999, 4074280.
    608270, 4075240; 608277, 4075190; 608287, 4075040; 608298, 4074910; 
608201, 4074910; 608209, 4074930; 608218, 4074930; 608216, 4074950; 
608225, 4074970; 608224, 4074980; 608218, 4074990; 608210, 4075010; 
608205, 4075030; 608207, 4075070; 608212, 4075140; 608201, 4075210; 
608195, 4075230; 608270, 4075240.
    (ii) Map Unit B follows.

[[Page 37525]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.002

    (7) Unit C: Marina Unit. Monterey County, California
    (i) From USGS 1:24,000 quadrangle maps Marina and Seaside, lands 
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 606623,

[[Page 37526]]

4066060; 606685, 4066120; 606740, 4066150; 606840, 4066180; 606929, 
4066210; 606953, 4066170; 606872, 4066140; 606843, 4066090; 606826, 
4066070; 606821, 4066050; 606832, 4066030; 606860, 4066040; 606932, 
4066060; 606996, 4066060; 607007, 4066010; 606975, 4065980; 607007, 
4065920; 607031, 4065890; 607075, 4065860; 607120, 4065830; 607161, 
4065710; 607174, 4065610; 607212, 4065570; 607269, 4065520; 607313, 
4065340; 607326, 4065280; 607368, 4065180; 607374, 4065150; 607380, 
4065110; 607368, 4065080; 607348, 4065070; 607318, 4065060; 607293, 
4065030; 607304, 4064990; 607299, 4064960; 607287, 4064930; 607246, 
4064920; 607225, 4064900; 607205, 4064880; 607184, 4064840; 607179, 
4064820; 607181, 4064800; 607208, 4064770; 607227, 4064740; 607260, 
4064740; 607286, 4064720; 607292, 4064700; 607286, 4064680; 607249, 
4064660; 607232, 4064620; 607238, 4064590; 607274, 4064550; 607281, 
4064540; 607294, 4064500; 607290, 4064460; 607289, 4064430; 607300, 
4064410; 607301, 4064380; 607287, 4064360; 607279, 4064350; 607295, 
4064280; 607293, 4064270; 607266, 4064200; 607240, 4064150; 607215, 
4064010; 607213, 4063970; 607202, 4063910; 607164, 4063590; 607234, 
4063570; 607298, 4063560; 607401, 4063570; 607397, 4063420; 607137, 
4062840; 607089, 4062730; 607053, 4062640; 606957, 4062670; 606681, 
4062190; 606671, 4062130; 606572, 4061990; 606653, 4061940; 606642, 
4061780; 606595, 4061610; 606497, 4061370; 606456, 4061250; 606413, 
4061090; 606388, 4060900; 606384, 4060750; 606390, 4060630; 606431, 
4060410; 606349, 4060380; 606397, 4060190; 606398, 4060150; 606392, 
4060110; 606370, 4060070; 606443, 4060020; 606446, 4059960; 606490, 
4059930; 606225, 4059380; 606149, 4059230; 606099, 4059150; 606046, 
4059050; 605974, 4058940; 605942, 4058880; 605907, 4058790; 605865, 
4058670; 605824, 4058530; 605779, 4058390; 605739, 4058410; 605709, 
4058350; 605679, 4058360; 605597, 4058300; 605587, 4058210; 605728, 
4058160; 605683, 4058030; 605674, 4057900; 605679, 4057760; 605681, 
4057670; 605667, 4057540; 605662, 4057410; 605671, 4057320; 605690, 
4057220; 605712, 4057150; 605763, 4057020; 605768, 4056980; 605756, 
4056940; 605731, 4056910; 605601, 4056830; 605457, 4056770; 605429, 
4056740; 605335, 4056560; 605360, 4056450; 605361, 4056420; 605356, 
4056390; 605232, 4056160; 605223, 4056120; 605212, 4056090; 605153, 
4056050; 604951, 4055890; 604786, 4055710; 604498, 4055350; 604397, 
4055200; 604345, 4055090; 604323, 4055020; 604293, 4054950; 604254, 
4054900; 604077, 4054660; 604008, 4054570; 603934, 4054470; 603914, 
4054400; 603758, 4054200; 603736, 4054150; 603698, 4054070; 603648, 
4053990; 603594, 4053910; 603545, 4053860; 603543, 4053710; 603498, 
4053700; 603401, 4053660; 603364, 4053640; 603320, 4053600; 603335, 
4053580; 603290, 4053540; 603222, 4053420; 603152, 4053260; 603158, 
4053210; 603102, 4053060; 603149, 4052990; 603150, 4052980; 603147, 
4052960; 603096, 4052990; 603056, 4052910; 603119, 4052890; 603105, 
4052840; 603074, 4052850; 603067, 4052850; 603003, 4052800; 603039, 
4052740; 603049, 4052710; 603024, 4052700; 602999, 4052730; 602963, 
4052720; 602914, 4052830; 602871, 4052850; 602845, 4052860; 602780, 
4052760; 602806, 4052750; 602770, 4052660; 602671, 4052640; 602659, 
4052690; 602611, 4052730; 602425, 4052530; 602326, 4052440; 602248, 
4052390; 602163, 4052350; 602134, 4052330; 602131, 4052280; 602065, 
4052230; 602006, 4052170; 601945, 4052080; 601903, 4052010; 601880, 
4051960; 601861, 4051890; 601842, 4051810; 601833, 4051730; 601832, 
4051700; 601826, 4051670; 601818, 4051630; 601800, 4051600; 601772, 
4051570; 601736, 4051550; 601632, 4051500; 601544, 4051450; 601498, 
4051530; 601380, 4051790; 601263, 4051720; 601295, 4051660; 601075, 
4051550; 601119, 4051460; 601083, 4051440; 601110, 4051380; 601022, 
4051340; 601052, 4051270; 601127, 4051300; 601153, 4051260; 601146, 
4051250; 601164, 4051210; 601133, 4051180; 601087, 4051180; 601052, 
4051180; 600882, 4051530; 601085, 4051640; 601525, 4051960; 602083, 
4052410; 602477, 4052860; 602681, 4053110; 602837, 4053320; 603008, 
4053530; 603222, 4053820; 603487, 4054230; 603693, 4054580; 603944, 
4055020; 604173, 4055500; 604253, 4055650; 604429, 4056020; 604655, 
4056510; 604819, 4056880; 605042, 4057450; 605354, 4058250; 605467, 
4058540; 605565, 4058850; 605709, 4059360; 605837, 4059750; 605918, 
4060030; 605986, 4060400; 606155, 4061060; 606243, 4061540; 606282, 
4061740; 606323, 4062140; 606374, 4062470; 606411, 4062640; 606421, 
4062850; 606470, 4063150; 606518, 4063360; 606541, 4063510; 606538, 
4063630; 606570, 4063740; 606614, 4064230; 606601, 4064690; 606602, 
4065090; 606621, 4065500; 606623, 4066060.
    (ii) Excluding lands bounded by: 604634, 4056280; 604620, 4056260; 
604616, 4056260; 604611, 4056230; 604611, 4056230; 604612, 4056220; 
604618, 4056210; 604626, 4056200; 604632, 4056190; 604633, 4056180; 
604631, 4056170; 604626, 4056160; 604616, 4056150; 604608, 4056140; 
604603, 4056130; 604601, 4056120; 604602, 4056100; 604603, 4056090; 
604599, 4056080; 604593, 4056080; 604579, 4056080; 604571, 4056080; 
604559, 4056080; 604539, 4056090; 604530, 4056090; 604523, 4056090; 
604516, 4056080; 604514, 4056070; 604514, 4056070; 604519, 4056050; 
604526, 4056030; 604528, 4056010; 604526, 4056010; 604522, 4056000; 
604517, 4055990; 604501, 4055980; 604491, 4055980; 604479, 4055970; 
604467, 4055960; 604459, 4055940; 604456, 4055930; 604450, 4055920; 
604443, 4055910; 604423, 4055890; 604420, 4055880; 604422, 4055870; 
604427, 4055850; 604438, 4055850; 604451, 4055850; 604473, 4055860; 
604484, 4055860; 604498, 4055870; 604510, 4055890; 604524, 4055910; 
604537, 4055920; 604560, 4055940; 604578, 4055950; 604613, 4055970; 
604651, 4056000; 604697, 4056070; 604723, 4056120; 604729, 4056140; 
604733, 4056160; 604736, 4056180; 604730, 4056240; 604724, 4056270; 
604710, 4056290; 604702, 4056300; 604676, 4056300; 604653, 4056300; 
604634, 4056280.
    (iii) Map Unit C follows.

[[Page 37527]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.003

    (8) Unit D: Asilomar Unit. Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Monterey, lands bounded by 
the following UTM zone 10 NAD83 coordinates (E,N): 594965, 4054010;

[[Page 37528]]

595058, 4053990; 595108, 4054000; 595134, 4054000; 595161, 4054010; 
595209, 4054010; 595169, 4053780; 595109, 4053660; 595094, 4053520; 
595130, 4053330; 595156, 4053180; 595123, 4053070; 595110, 4053000; 
595124, 4052910; 595121, 4052820; 595106, 4052820; 595073, 4052820; 
595052, 4052830; 595053, 4052780; 595092, 4052740; 595058, 4052680; 
595056, 4052670; 595044, 4052670; 595037, 4052670; 595025, 4052670; 
595018, 4052670; 595009, 4052670; 594992, 4052680; 594980, 4052690; 
594972, 4052690; 594959, 4052690; 594945, 4052690; 594937, 4052700; 
594919, 4052710; 594910, 4052730; 594890, 4052750; 594850, 4052730; 
594804, 4052680; 594791, 4052660; 594784, 4052650; 594773, 4052630; 
594792, 4052590; 594811, 4052550; 594694, 4052540; 594526, 4052550; 
594534, 4052510; 594523, 4052450; 594524, 4052440; 594509, 4052430; 
594504, 4052420; 594498, 4052390; 594501, 4052370; 594514, 4052340; 
594541, 4052320; 594555, 4052270; 594635, 4052140; 594632, 4052050; 
594582, 4051940; 594530, 4051900; 594505, 4051850; 594455, 4051780; 
594397, 4051730; 594293, 4051610; 594279, 4051580; 594283, 4051540; 
594293, 4051500; 594310, 4051460; 594308, 4051430; 594279, 4051420; 
594177, 4051500; 594123, 4051570; 594062, 4051570; 593904, 4051550; 
593762, 4051690; 593643, 4051860; 593651, 4051950; 593714, 4051950; 
593821, 4051970; 593939, 4052020; 594032, 4052080; 594113, 4052160; 
594152, 4052220; 594236, 4052480; 594251, 4052600; 594348, 4052640; 
594497, 4052770; 594662, 4053030; 594680, 4053080; 594680, 4053140; 
594667, 4053170; 594658, 4053250; 594618, 4053310; 594619, 4053330; 
594673, 4053460; 594648, 4053560; 594648, 4053580; 594655, 4053600; 
594727, 4053640; 594734, 4053640; 594740, 4053670; 594751, 4053690; 
594765, 4053700; 594763, 4053750; 594755, 4053770; 594750, 4053790; 
594766, 4053800; 594788, 4053800; 594800, 4053810; 594811, 4053820; 
594817, 4053850; 594813, 4053880; 594795, 4053910; 594788, 4053930; 
594776, 4053950; 594778, 4053960; 594784, 4053980; 594798, 4054000; 
594807, 4054010; 594822, 4054020; 594862, 4054000; 594883, 4054000; 
594906, 4054000; 594928, 4054010; 594949, 4054040; 594950, 4054060; 
594944, 4054110; 594952, 4054170; 594968, 4054190; 594979, 4054240; 
594977, 4054290; 594972, 4054310; 595001, 4054350; 594980, 4054390; 
594962, 4054440; 594960, 4054480; 594946, 4054510; 594953, 4054540; 
594944, 4054560; 594905, 4054620; 595068, 4054580; 595069, 4054560; 
595069, 4054480; 595048, 4054460; 595028, 4054430; 595022, 4054380; 
595028, 4054350; 595032, 4054330; 595029, 4054290; 594965, 4054010.
    (ii) Map Unit D follows.

[[Page 37529]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.004


[[Page 37530]]


    (9) Unit E: Freedom Boulevard Unit. Santa Cruz County, California.
    (i) From USGS 1:24,000 quadrangle map Watsonville West, lands 
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 601095, 
4093430; 601117, 4093530; 601180, 4093690; 601315, 4093840; 601452, 
4093950; 601490, 4094270; 601612, 4094230; 601623, 4094260; 601689, 
4094260; 601755, 4094270; 601845, 4094270; 601848, 4094180; 601789, 
4094180; 601789, 4094210; 601740, 4094210; 601735, 4093980; 601871, 
4093970; 602214, 4093960; 602341, 4093960; 602500, 4093980; 602626, 
4094000; 602637, 4093460; 601095, 4093430.
    (ii) Map Unit E follows.

[[Page 37531]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.005

    (10) Unit F: Bel Mar unit. Santa Cruz County, California.
    (i) From USGS 1:24,000 quadrangle map Watsonville West, lands 
bounded by the following UTM zone 10 NAD83 coordinates (E,N): 602688, 
4089780;

[[Page 37532]]

602766, 4089690; 602836, 4089680; 602858, 4089690; 602855, 4089770; 
602944, 4089760; 602971, 4089740; 602991, 4089730; 603014, 4089730; 
603059, 4089720; 603114, 4089710; 603129, 4089700; 603130, 4089600; 
603154, 4089600; 603177, 4089630; 603201, 4089690; 603236, 4089670; 
603292, 4089680; 603373, 4089660; 603481, 4089550; 603476, 4088970; 
603457, 4088980; 603120, 4089220; 602693, 4089570; 602688, 4089780.
    (ii) Map Unit F follows.

[[Page 37533]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.006


[[Page 37534]]


    (11) Unit G: Prunedale Unit. Monterey County, California. From USGS 
7.5' quadrangle map Prunedale, California.
    (i) From USGS 1:24,000 quadrangle map Prunedale, lands bounded by 
the following UTM zone 10 NAD83 coordinates (E,N). Western portion: 
618343, 4074370; 618464, 4074420; 618606, 4074310; 618731, 4074180; 
618828, 4074060; 618863, 4073950; 618915, 4073840; 618988, 4073730; 
618993, 4073540; 618770, 4073470; 618751, 4073250; 618562, 4073110; 
618572, 4072940; 618441, 4072930; 618443, 4072790; 618391, 4072780; 
618346, 4072790; 618096, 4072780; 617914, 4072790; 617680, 4072780; 
617591, 4072770; 616784, 4072740; 616781, 4072840; 616855, 4072890; 
616906, 4072970; 616780, 4073090; 616783, 4073170; 616796, 4073480; 
616951, 4073470; 617265, 4073640; 617366, 4073630; 617373, 4073410; 
617490, 4073370; 617670, 4073350; 617722, 4073410; 617785, 4073420; 
617979, 4073420; 618035, 4073600; 618057, 4073760; 618132, 4073840; 
618119, 4073960; 618076, 4074170; 618162, 4074290; 618279, 4074360; 
618343, 4074370.
    (ii) Eastern Portion: 619646, 4070100; 619725, 4069980; 619688, 
4069950; 619448, 4070010; 619226, 4069890; 619285, 4069780; 619266, 
4069740; 619221, 4069550; 618942, 4069540; 618864, 4069810; 619102, 
4069960; 619089, 4070090; 618943, 4070330; 619120, 4070420; 619071, 
4070520; 619240, 4070570; 619422, 4070750; 619410, 4070950; 619442, 
4070960; 619414, 4071320; 619402, 4071420; 618929, 4071400; 618825, 
4071490; 618773, 4071490; 618871, 4072100; 618932, 4072480; 618960, 
4072480; 618970, 4072520; 618989, 4072550; 619018, 4072580; 619091, 
4072600; 619147, 4072610; 619263, 4072660; 619257, 4072680; 619212, 
4072790; 619196, 4072830; 619158, 4072860; 619117, 4072860; 619072, 
4072850; 618989, 4072850; 619011, 4073000; 619072, 4073250; 619138, 
4073380; 619266, 4073530; 619365, 4073610; 619404, 4073530; 619483, 
4073570; 619496, 4073510; 619614, 4073560; 619593, 4073630; 619905, 
4073740; 619988, 4073780; 620028, 4073800; 620030, 4073820; 620125, 
4073880; 620280, 4073980; 620392, 4074080; 620700, 4074380; 620956, 
4074720; 621042, 4074860; 621284, 4075150; 621644, 4075400; 621980, 
4075590; 622139, 4075460; 622413, 4075320; 622539, 4075210; 622554, 
4074580; 622555, 4074040; 622576, 4072770; 622598, 4072010; 622602, 
4071520; 622604, 4071130; 622618, 4069970; 622622, 4069580; 622509, 
4069410; 622491, 4069430; 622428, 4069420; 622272, 4069360; 622140, 
4069340; 621971, 4069380; 621770, 4069380; 621656, 4069350; 621720, 
4069430; 621910, 4069460; 621983, 4069490; 622131, 4069500; 622325, 
4069500; 622479, 4069550; 622386, 4069880; 622252, 4069830; 622227, 
4069760; 622117, 4069660; 622063, 4069690; 622126, 4069780; 621657, 
4069620; 621403, 4069520; 621423, 4069460; 621496, 4069420; 621536, 
4069380; 621474, 4069380; 621404, 4069370; 621329, 4069410; 621258, 
4069480; 620978, 4069380; 620900, 4069310; 620782, 4069280; 620768, 
4069210; 620901, 4069030; 620986, 4069000; 621230, 4069030; 621485, 
4069120; 621551, 4069140; 621693, 4069060; 621916, 4069000; 622049, 
4068950; 622163, 4068890; 622089, 4068770; 620954, 4068750; 620129, 
4068740; 620111, 4069100; 620598, 4069260; 620719, 4070460; 620207, 
4070240; 620044, 4070200; 619538, 4070240; 619646, 4070100.
    (iii) Map Unit G follows.

[[Page 37535]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.007

    (12) Unit H: Fort Ord Unit: Monterey County, California.
    (i) From USGS 1:24,000 quadrangle maps Marina, Salinas, Seaside, 
and Spreckels, lands bounded by the following UTM zone 10 NAD83 
coordinates (E,N): 609722, 4059410; 610035, 4059230; 610010, 4059190;

[[Page 37536]]

610075, 4059110; 610137, 4059070; 610131, 4059060; 610126, 4059050; 
610120, 4059040; 610115, 4059040; 610109, 4059030; 610103, 4059020; 
610097, 4059020; 610091, 4059010; 610085, 4059000; 610078, 4059000; 
610072, 4058990; 610066, 4058990; 609965, 4058890; 609958, 4058900; 
609998, 4059020; 609961, 4059180; 609940, 4059170; 609906, 4059210; 
609932, 4059260; 609797, 4059340; 609773, 4059300; 609709, 4059310; 
609697, 4059330; 609722, 4059410;
    610492, 4059590; 610463, 4059610; 610456, 4059610; 610450, 4059620; 
610444, 4059620; 610438, 4059620; 610430, 4059620; 610420, 4059620; 
610408, 4059620; 610397, 4059620; 610389, 4059620; 610380, 4059610; 
610372, 4059610; 610364, 4059600; 610355, 4059600; 610331, 4059590; 
610317, 4059590; 610295, 4059580; 610279, 4059580; 610267, 4059580; 
610255, 4059580; 610240, 4059580; 610221, 4059590; 610211, 4059590; 
610201, 4059590; 610192, 4059590; 610236, 4059660; 610244, 4059660; 
610255, 4059660; 610264, 4059650; 610273, 4059650; 610283, 4059650; 
610293, 4059650; 610301, 4059650; 610309, 4059650; 610379, 4059660; 
610385, 4059670; 610390, 4059660; 610433, 4059730; 610429, 4059740; 
610435, 4059740; 610442, 4059750; 610448, 4059760; 610465, 4059790; 
610502, 4059760; 610482, 4059730; 610434, 4059650; 610504, 4059610; 
610493, 4059590; 610492, 4059590.
    610036, 4060090; 610141, 4060020; 610144, 4060020; 610298, 4059920; 
610264, 4059870; 610164, 4059710; 610220, 4059670; 610168, 4059590; 
610111, 4059620; 609932, 4059340; 609831, 4059390; 609752, 4059440; 
609230, 4059740; 609322, 4059790; 609148, 4059890; 608889, 4060040; 
608577, 4060210; 608008, 4060540; 608852, 4060910; 609030, 4060990; 
609152, 4061050; 609181, 4061060; 609751, 4061320; 610142, 4061490; 
610212, 4061410; 610383, 4061250; 610387, 4061250; 610390, 4061250; 
610393, 4061240; 610396, 4061240; 610399, 4061240; 610402, 4061230; 
610407, 4061220; 610410, 4061220; 610412, 4061220; 610414, 4061210; 
610416, 4061210; 610418, 4061200; 610420, 4061200; 610423, 4061190; 
610424, 4061180; 610425, 4061180; 610426, 4061180; 610426, 4061170; 
610427, 4061170; 610427, 4061160; 610427, 4061160; 610427, 4061150; 
610427, 4061150; 610426, 4061140; 610426, 4061130; 610424, 4061120; 
610423, 4061120; 610422, 4061110; 610420, 4061110; 610418, 4061110; 
610417, 4061100; 610415, 4061100; 610410, 4061090; 610408, 4061080; 
610405, 4061080; 610403, 4061080; 610400, 4061070; 610397, 4061070; 
610394, 4061060; 610391, 4061060; 610387, 4061060; 610384, 4061050; 
610381, 4061050; 610377, 4061050; 610373, 4061040; 610369, 4061040; 
610365, 4061040; 610361, 4061040; 610357, 4061030; 610353, 4061030; 
610349, 4061030; 610344, 4061030; 610010, 4060890; 609959, 4060920; 
609926, 4060870; 609694, 4061010; 609549, 4060780; 609779, 4060630; 
609779, 4060630; 609762, 4060600; 609733, 4060560; 609784, 4060520; 
609971, 4060410; 609899, 4060290; 609865, 4060240; 609851, 4060210; 
609846, 4060210; 609910, 4060170; 610036, 4060090.
    610667, 4058600; 610879, 4058750; 610967, 4058700; 611024, 4058660; 
611148, 4058590; 611275, 4058520; 611431, 4058430; 611869, 4058180; 
612524, 4057800; 613177, 4057430; 613176, 4057410; 613105, 4057420; 
613090, 4057420; 613076, 4057420; 613048, 4057420; 613043, 4057420; 
613037, 4057420; 613032, 4057420; 613026, 4057410; 613023, 4057410; 
613019, 4057500; 612776, 4057490; 612780, 4057390; 612778, 4057370; 
612773, 4057370; 612770, 4057370; 612767, 4057370; 612293, 4057390; 
612025, 4057410; 611988, 4057410; 611952, 4057410; 611905, 4057410; 
611188, 4057400; 611159, 4057400; 611113, 4057400; 611101, 4057400; 
611143, 4057520; 611145, 4057520; 611448, 4057630; 611450, 4057630; 
611477, 4057720; 611477, 4057720; 611406, 4057860; 611320, 4058010; 
611283, 4058030; 611280, 4058030; 610816, 4058290; 610704, 4058330; 
610255, 4058460; 609992, 4058540; 609750, 4058620; 609811, 4058670; 
609832, 4058690; 609845, 4058700; 610060, 4058900; 610647, 4058560; 
610667, 4058600.
    606277, 4049560; 606275, 4049560; 606234, 4049660; 606227, 4049670; 
606220, 4049690; 606213, 4049700; 606206, 4049710; 606198, 4049730; 
606190, 4049740; 606182, 4049760; 606178, 4049760; 606174, 4049770; 
606165, 4049780; 606157, 4049800; 606148, 4049810; 606138, 4049820; 
606131, 4049830; 606129, 4049830; 606119, 4049850; 606109, 4049860; 
606099, 4049870; 606089, 4049880; 606078, 4049900; 606067, 4049910; 
606056, 4049920; 606045, 4049930; 606034, 4049940; 606022, 4049950; 
606010, 4049960; 605997, 4049980; 605968, 4050000; 605802, 4050140; 
605727, 4050210; 605715, 4050220; 605702, 4050230; 605689, 4050250; 
605677, 4050260; 605665, 4050270; 605653, 4050290; 605641, 4050300; 
605630, 4050310; 605619, 4050330; 605608, 4050340; 605597, 4050350; 
605587, 4050370; 605577, 4050380; 605567, 4050400; 605557, 4050410; 
605548, 4050430; 605539, 4050440; 605530, 4050460; 605521, 4050480; 
605513, 4050490; 605505, 4050510; 605497, 4050520; 605490, 4050540; 
605483, 4050560; 605476, 4050570; 605469, 4050590; 605463, 4050610; 
605457, 4050620; 605451, 4050640; 605446, 4050660; 605440, 4050670; 
605436, 4050690; 605431, 4050710; 605427, 4050720; 605423, 4050740; 
605423, 4050740; 605416, 4050780; 605415, 4050780; 605413, 4050790; 
605410, 4050810; 605408, 4050830; 605406, 4050850; 605404, 4050860; 
605402, 4050880; 605401, 4050900; 605400, 4050920; 605400, 4050940; 
605400, 4050950; 605400, 4050970; 605400, 4050990; 605401, 4051010; 
605402, 4051020; 605403, 4051040; 605405, 4051060; 605407, 4051080; 
605409, 4051100; 605411, 4051110; 605414, 4051130; 605417, 4051150; 
605421, 4051170; 605425, 4051180; 605429, 4051200; 605436, 4051230; 
605439, 4051240; 605563, 4051610; 605571, 4051630; 605579, 4051650; 
605587, 4051680; 605594, 4051700; 605601, 4051720; 605607, 4051740; 
605614, 4051760; 605619, 4051790; 605630, 4051830; 605617, 4051970; 
605608, 4052120; 605607, 4052150; 605599, 4052300; 605600, 4052470; 
605600, 4052490; 605601, 4052500; 605602, 4052520; 605604, 4052530; 
605605, 4052550; 605607, 4052560; 605609, 4052570; 605611, 4052590; 
605614, 4052600; 605616, 4052620; 605619, 4052630; 605623, 4052650; 
605626, 4052660; 605630, 4052670; 605634, 4052690; 605638, 4052700; 
605643, 4052720; 605647, 4052730; 605652, 4052740; 605658, 4052760; 
605663, 4052770; 605669, 4052780; 605675, 4052800; 605681, 4052810; 
605687, 4052820; 605694, 4052840; 605701, 4052850; 605708, 4052860; 
605715, 4052880; 605723, 4052890; 605730, 4052900; 605738, 4052910; 
605746, 4052920; 605755, 4052940; 605763, 4052950; 605772, 4052960; 
605781, 4052970; 605790, 4052980; 605800, 4052990; 605809, 4053010; 
605819, 4053020; 605829, 4053030; 605839, 4053040; 605850, 4053050; 
605860, 4053060; 605871, 4053070; 605882, 4053080; 605893, 4053090; 
605904, 4053100; 605923, 4053110; 605986, 4053140; 606005, 4053150; 
606355, 4053290; 606368, 4053290; 606381, 4053300; 606394, 4053300; 
606407, 4053310; 606419, 4053320; 606432, 4053320; 606435, 4053320; 
606444, 4053330; 606456, 4053340; 606468, 4053340; 606480, 4053350; 
606492, 4053360; 606504, 4053370; 606515, 4053370; 606527, 4053380; 
606538, 4053390; 606549, 4053400;

[[Page 37537]]

606560, 4053410; 606571, 4053420; 606582, 4053430; 606592, 4053440; 
606603, 4053450; 606613, 4053460; 606623, 4053470; 606633, 4053480; 
606642, 4053490; 606652, 4053500; 606661, 4053510; 606670, 4053520; 
606679, 4053530; 606688, 4053540; 606696, 4053550; 606705, 4053560; 
606713, 4053570; 606721, 4053590; 606728, 4053600; 606736, 4053610; 
606747, 4053630; 606752, 4053640; 606758, 4053640; 606764, 4053650; 
606770, 4053660; 606776, 4053670; 606782, 4053680; 606788, 4053680; 
606795, 4053690; 606801, 4053700; 606808, 4053710; 606815, 4053710; 
606821, 4053720; 606828, 4053730; 606836, 4053730; 606843, 4053740; 
606850, 4053750; 606858, 4053750; 606865, 4053760; 606873, 4053770; 
606881, 4053770; 606889, 4053780; 606897, 4053780; 606905, 4053790; 
606913, 4053790; 606922, 4053800; 606930, 4053800; 606938, 4053810; 
606948, 4053810; 606976, 4053830; 607085, 4053880; 607573, 4054090; 
607799, 4054190; 607893, 4054130; 608116, 4054000; 608182, 4053960; 
608245, 4054000; 608546, 4054180; 608555, 4054190; 608559, 4054190; 
608601, 4054200; 609123, 4054540; 609141, 4054550; 609161, 4054560; 
609231, 4054600; 609257, 4054620; 609275, 4054650; 609310, 4054700; 
609315, 4054720; 609316, 4054750; 609309, 4054770; 609291, 4054790; 
609315, 4054810; 609366, 4054830; 609400, 4054830; 609439, 4054840; 
609459, 4054850; 609477, 4054870; 609494, 4054870; 609569, 4054860; 
609611, 4054850; 609698, 4054840; 609757, 4054850; 609771, 4054860; 
609794, 4054900; 609816, 4054940; 609819, 4054960; 609841, 4054990; 
609907, 4055030; 609927, 4055050; 609941, 4055100; 609945, 4055130; 
609944, 4055150; 609925, 4055250; 609927, 4055280; 609933, 4055300; 
609948, 4055310; 609966, 4055330; 610020, 4055350; 610054, 4055380; 
610105, 4055440; 610141, 4055490; 610164, 4055520; 610209, 4055550; 
610237, 4055570; 610278, 4055640; 610306, 4055680; 610336, 4055710; 
610375, 4055740; 610387, 4055750; 610520, 4055830; 610554, 4055870; 
610574, 4055900; 610634, 4056100; 610643, 4056130; 610657, 4056150; 
610723, 4056180; 610773, 4056210; 610833, 4056240; 610985, 4056330; 
611098, 4056390; 611132, 4056420; 611152, 4056430; 611136, 4056440; 
611140, 4056450; 611127, 4056470; 611121, 4056480; 611110, 4056500; 
611104, 4056510; 611101, 4056520; 611098, 4056530; 611095, 4056540; 
611090, 4056560; 611087, 4056570; 611081, 4056570; 611068, 4056590; 
611063, 4056600; 611058, 4056610; 611051, 4056640; 611046, 4056640; 
611037, 4056650; 611030, 4056660; 611025, 4056670; 611024, 4056680; 
611028, 4056690; 611032, 4056690; 611033, 4056700; 611033, 4056700; 
611032, 4056710; 611028, 4056720; 611023, 4056730; 611014, 4056740; 
611009, 4056750; 611006, 4056760; 611006, 4056770; 611005, 4056780; 
611002, 4056790; 610999, 4056790; 610996, 4056800; 610995, 4056810; 
610992, 4056820; 610993, 4056880; 611001, 4056890; 611011, 4057000; 
610986, 4057080; 610970, 4057220; 611012, 4057360; 611090, 4057370; 
611091, 4057370; 611116, 4057370; 611161, 4057370; 611189, 4057370; 
611905, 4057380; 611933, 4057380; 611991, 4057380; 612023, 4057380; 
612423, 4057360; 612442, 4057350; 612444, 4057350; 612446, 4057350; 
612447, 4057350; 612449, 4057340; 612450, 4057340; 612451, 4057340; 
612453, 4057340; 612455, 4057340; 612456, 4057340; 612458, 4057340; 
612459, 4057330; 612461, 4057330; 612462, 4057330; 612462, 4057330; 
612464, 4057320; 612465, 4057320; 612466, 4057320; 612466, 4057320; 
612467, 4057320; 612467, 4057320; 612468, 4057310; 612468, 4057310; 
612469, 4057310; 612469, 4057310; 612469, 4057300; 612469, 4057300; 
612469, 4057300; 612468, 4057300; 612468, 4057300; 612468, 4057290; 
612467, 4057290; 612467, 4057290; 612466, 4057290; 612465, 4057290; 
612465, 4057280; 612463, 4057280; 612463, 4057280; 612443, 4057240; 
612443, 4057240; 612442, 4057240; 612441, 4057240; 612441, 4057240; 
612440, 4057240; 612440, 4057240; 612440, 4057230; 612439, 4057230; 
612439, 4057230; 612438, 4057230; 612438, 4057230; 612438, 4057220; 
612438, 4057220; 612438, 4057220; 612438, 4057220; 612439, 4057220; 
612439, 4057220; 612439, 4057220; 612439, 4057210; 612440, 4057210; 
612440, 4057210; 612440, 4057210; 612441, 4057210; 612441, 4057210; 
612444, 4057200; 612446, 4057200; 612447, 4057200; 612448, 4057200; 
612449, 4057190; 612450, 4057190; 612451, 4057190; 612452, 4057190; 
612453, 4057190; 612471, 4057180; 612472, 4057180; 612474, 4057180; 
612475, 4057170; 612476, 4057170; 612477, 4057170; 612478, 4057170; 
612479, 4057170; 612480, 4057170; 612481, 4057170; 612481, 4057160; 
612482, 4057160; 612482, 4057160; 612482, 4057160; 612485, 4057040; 
612485, 4057030; 612486, 4056990; 612487, 4056980; 612487, 4056980; 
612487, 4056980; 612487, 4056980; 612488, 4056970; 612499, 4056900; 
612497, 4056900; 612495, 4056900; 612493, 4056900; 612490, 4056900; 
612488, 4056900; 612486, 4056900; 612484, 4056900; 612482, 4056900; 
612480, 4056900; 612476, 4056900; 612474, 4056900; 612472, 4056900; 
612470, 4056900; 612470, 4056890; 612467, 4056880; 612470, 4056880; 
612472, 4056880; 612474, 4056880; 612477, 4056880; 612479, 4056880; 
612481, 4056880; 612484, 4056880; 612486, 4056880; 612489, 4056880; 
612491, 4056880; 612493, 4056880; 612496, 4056880; 612498, 4056880; 
612500, 4056880; 612503, 4056880; 612505, 4056880; 612507, 4056880; 
612512, 4056880; 612514, 4056880; 612517, 4056880; 612521, 4056880; 
612524, 4056880; 612528, 4056880; 612530, 4056890; 612532, 4056890; 
612537, 4056890; 612539, 4056890; 612541, 4056890; 612544, 4056890; 
612548, 4056890; 612550, 4056890; 612552, 4056890; 612554, 4056890; 
612556, 4056900; 612558, 4056900; 612562, 4056900; 612605, 4056910; 
612648, 4056920; 612659, 4056920; 612671, 4056930; 612680, 4056930; 
612682, 4056930; 612683, 4056930; 612688, 4056930; 612690, 4056930; 
612691, 4056930; 612693, 4056930; 612695, 4056930; 612700, 4056940; 
612703, 4056940; 612705, 4056940; 612710, 4056940; 612711, 4056940; 
612713, 4056940; 612715, 4056940; 612716, 4056940; 612718, 4056940; 
612720, 4056940; 612722, 4056940; 612727, 4056940; 612730, 4056940; 
612732, 4056940; 612735, 4056930; 612738, 4056930; 612740, 4056930; 
612742, 4056930; 612743, 4056930; 612745, 4056930; 612748, 4056930; 
612750, 4056930; 612753, 4056930; 612754, 4056930; 612801, 4056910; 
612802, 4056910; 612806, 4056910; 612808, 4056910; 612809, 4056900; 
612811, 4056900; 612813, 4056900; 612817, 4056900; 612818, 4056900; 
612820, 4056900; 612822, 4056900; 612824, 4056900; 612829, 4056900; 
612831, 4056900; 612833, 4056900; 612839, 4056900; 612841, 4056900; 
612843, 4056900; 612846, 4056900; 612852, 4056900; 612855, 4056900; 
612919, 4056910; 612934, 4056910; 612945, 4056910; 612956, 4056910; 
612967, 4056910; 612978, 4056910; 612989, 4056910; 613000, 4056910; 
613011, 4056910; 613078, 4056900; 613267, 4056890; 613276, 4056890; 
613283, 4056890; 613291, 4056890; 613294, 4056890; 613297, 4056890; 
613300, 4056890; 613303, 4056890; 613307, 4056890; 613310, 4056890; 
613313, 4056890; 613316, 4056890; 613319, 4056890; 613322, 4056890; 
613325, 4056890; 613328, 4056890; 613331, 4056890; 613337, 4056890;

[[Page 37538]]

613340, 4056890; 613343, 4056890; 613346, 4056890; 613349, 4056890; 
613352, 4056890; 613356, 4056890; 613359, 4056890; 613362, 4056900; 
613365, 4056900; 613368, 4056900; 613371, 4056900; 613374, 4056900; 
613377, 4056900; 613383, 4056900; 613386, 4056900; 613389, 4056900; 
613395, 4056900; 613404, 4056890; 613417, 4056880; 613416, 4056880; 
613357, 4056820; 613356, 4056820; 613354, 4056820; 613351, 4056810; 
613350, 4056810; 613349, 4056810; 613347, 4056810; 613345, 4056800; 
613344, 4056800; 613343, 4056800; 613341, 4056790; 613340, 4056790; 
613340, 4056790; 613339, 4056780; 613339, 4056780; 613338, 4056780; 
613338, 4056780; 613338, 4056770; 613332, 4056570; 613332, 4056570; 
613332, 4056560; 613333, 4056560; 613333, 4056550; 613333, 4056550; 
613334, 4056550; 613334, 4056550; 613335, 4056540; 613335, 4056540; 
613336, 4056540; 613337, 4056530; 613337, 4056530; 613338, 4056530; 
613339, 4056530; 613339, 4056530; 613340, 4056520; 613342, 4056520; 
613343, 4056520; 613420, 4056340; 613421, 4056340; 613426, 4056330; 
613428, 4056320; 613430, 4056320; 613432, 4056320; 613434, 4056310; 
613436, 4056310; 613438, 4056310; 613440, 4056300; 613442, 4056300; 
613444, 4056300; 613447, 4056300; 613449, 4056290; 613454, 4056290; 
613459, 4056280; 613462, 4056280; 613467, 4056270; 613469, 4056270; 
613470, 4056270; 613471, 4056270; 613472, 4056270; 613473, 4056270; 
613477, 4056260; 613478, 4056260; 613479, 4056260; 613480, 4056260; 
613481, 4056250; 613482, 4056250; 613483, 4056250; 613483, 4056250; 
613484, 4056250; 613485, 4056250; 613485, 4056250; 613486, 4056240; 
613487, 4056240; 613487, 4056240; 613490, 4056230; 613490, 4056230; 
613491, 4056230; 613491, 4056230; 613491, 4056230; 613492, 4056230; 
613492, 4056220; 613492, 4056220; 613493, 4056220; 613493, 4056220; 
613493, 4056210; 613494, 4056210; 613493, 4056210; 613494, 4056210; 
613493, 4056200; 613493, 4056200; 613493, 4056200; 613493, 4056200; 
613493, 4056200; 613493, 4056200; 613492, 4056190; 613492, 4056190; 
613492, 4056190; 613491, 4056190; 613490, 4056180; 613490, 4056180; 
613489, 4056180; 613489, 4056180; 613488, 4056180; 613487, 4056170; 
613486, 4056170; 613485, 4056170; 613485, 4056170; 613483, 4056170; 
613482, 4056160; 613482, 4056160; 613481, 4056160; 613480, 4056160; 
613479, 4056160; 613477, 4056160; 613476, 4056150; 613475, 4056150; 
613474, 4056150; 613474, 4056150; 613473, 4056150; 613472, 4056150; 
613470, 4056150; 613469, 4056150; 613468, 4056140; 613467, 4056140; 
613464, 4056140; 613460, 4056140; 613459, 4056140; 613458, 4056140; 
613455, 4056130; 613454, 4056130; 613452, 4056130; 613451, 4056130; 
613450, 4056130; 613447, 4056130; 613445, 4056130; 613444, 4056130; 
613237, 4056020; 613234, 4056020; 613230, 4056020; 613227, 4056010; 
613224, 4056010; 613220, 4056010; 613217, 4056010; 613214, 4056010; 
613211, 4056000; 613207, 4056000; 613204, 4056000; 613198, 4055990; 
613195, 4055990; 613192, 4055990; 613189, 4055990; 613186, 4055980; 
613184, 4055980; 613181, 4055980; 613176, 4055970; 613061, 4055850; 
613056, 4055840; 613054, 4055840; 613053, 4055840; 613051, 4055840; 
613050, 4055830; 613049, 4055830; 613048, 4055830; 613048, 4055830; 
613046, 4055830; 613045, 4055830; 613044, 4055820; 613041, 4055820; 
613041, 4055820; 613040, 4055810; 613040, 4055810; 613039, 4055810; 
613039, 4055810; 613038, 4055810; 613037, 4055800; 613037, 4055800; 
613036, 4055800; 613036, 4055800; 613036, 4055800; 613035, 4055790; 
613035, 4055790; 613035, 4055790; 613035, 4055790; 613035, 4055790; 
613034, 4055780; 613035, 4055780; 613034, 4055780; 613035, 4055770; 
613061, 4055410; 613061, 4055400; 613061, 4055390; 613061, 4055390; 
613061, 4055380; 613061, 4055380; 613060, 4055380; 613060, 4055370; 
613060, 4055370; 613059, 4055360; 613058, 4055360; 613058, 4055360; 
613057, 4055350; 613056, 4055350; 613055, 4055350; 613054, 4055340; 
613053, 4055340; 613052, 4055330; 613051, 4055330; 613050, 4055330; 
613042, 4055300; 613008, 4055200; 612999, 4055170; 612988, 4055120; 
612992, 4055070; 613011, 4054970; 613014, 4054940; 613023, 4054940; 
613022, 4054930; 613022, 4054930; 613021, 4054920; 613021, 4054920; 
613020, 4054920; 613019, 4054910; 613019, 4054910; 613018, 4054910; 
613017, 4054910; 613017, 4054900; 613014, 4054900; 613013, 4054890; 
613010, 4054890; 613009, 4054880; 613008, 4054880; 613007, 4054880; 
613006, 4054880; 613004, 4054880; 613002, 4054870; 613001, 4054870; 
612998, 4054860; 612995, 4054860; 612992, 4054860; 612990, 4054850; 
612987, 4054850; 612985, 4054850; 612980, 4054840; 612978, 4054840; 
612976, 4054840; 612974, 4054840; 612888, 4054760; 612886, 4054760; 
612884, 4054760; 612879, 4054750; 612875, 4054750; 612870, 4054740; 
612867, 4054740; 612864, 4054730; 612862, 4054730; 612858, 4054720; 
612857, 4054720; 612855, 4054720; 612854, 4054720; 612853, 4054720; 
612851, 4054710; 612848, 4054710; 612846, 4054700; 612845, 4054700; 
612843, 4054690; 612842, 4054690; 612841, 4054680; 612841, 4054680; 
612840, 4054680; 612838, 4054670; 612837, 4054670; 612836, 4054670; 
612835, 4054670; 612834, 4054660; 612833, 4054660; 612832, 4054660; 
612829, 4054650; 612828, 4054650; 612827, 4054650; 612826, 4054650; 
612825, 4054650; 612823, 4054640; 612822, 4054640; 612821, 4054640; 
612820, 4054640; 612818, 4054640; 612817, 4054640; 612816, 4054630; 
612814, 4054630; 612813, 4054630; 612808, 4054630; 612807, 4054630; 
612805, 4054620; 612804, 4054620; 612802, 4054620; 612801, 4054620; 
612799, 4054620; 612797, 4054620; 612796, 4054620; 612794, 4054610; 
612792, 4054610; 612763, 4054590; 612762, 4054590; 612760, 4054590; 
612758, 4054590; 612757, 4054590; 612752, 4054580; 612750, 4054580; 
612749, 4054580; 612747, 4054580; 612746, 4054580; 612744, 4054580; 
612743, 4054580; 612740, 4054570; 612739, 4054570; 612736, 4054570; 
612735, 4054570; 612733, 4054560; 612732, 4054560; 612731, 4054560; 
612730, 4054560; 612728, 4054560; 612727, 4054550; 612726, 4054550; 
612724, 4054550; 612723, 4054550; 612722, 4054540; 612720, 4054540; 
612719, 4054540; 612719, 4054540; 612718, 4054530; 612717, 4054530; 
612717, 4054530; 612716, 4054530; 612715, 4054530; 612715, 4054520; 
612714, 4054520; 612714, 4054520; 612713, 4054520; 612713, 4054520; 
612712, 4054510; 612711, 4054500; 612709, 4054500; 612708, 4054490; 
612707, 4054490; 612703, 4054480; 612702, 4054470; 612700, 4054470; 
612696, 4054460; 612694, 4054450; 612495, 4053980; 612482, 4053950; 
612476, 4053950; 612451, 4053890; 612448, 4053880; 612447, 4053880; 
612445, 4053880; 612443, 4053870; 612441, 4053870; 612438, 4053860; 
612436, 4053860; 612434, 4053860; 612432, 4053850; 612429, 4053850; 
612427, 4053850; 612424, 4053840; 612421, 4053840; 612419, 4053830; 
612416, 4053830; 612413, 4053830; 612350, 4053750; 612348, 4053750; 
612343, 4053740; 612341, 4053740; 612339, 4053730; 612338, 4053730; 
612336, 4053730; 612335, 4053730; 612332, 4053720; 612331, 4053720; 
612327, 4053710; 612324, 4053700; 612323, 4053700; 612320, 4053690; 
612319, 4053690; 612318, 4053690; 612307, 4053640; 612307, 4053640;

[[Page 37539]]

612306, 4053640; 612304, 4053630; 612303, 4053630; 612303, 4053630; 
612302, 4053630; 612300, 4053620; 612299, 4053620; 612299, 4053620; 
612298, 4053620; 612271, 4053570; 612270, 4053570; 612269, 4053560; 
612269, 4053560; 612268, 4053560; 612267, 4053560; 612267, 4053560; 
612267, 4053560; 612266, 4053550; 612266, 4053550; 612266, 4053550; 
612265, 4053550; 612265, 4053550; 612265, 4053540; 612265, 4053540; 
612266, 4053540; 612266, 4053540; 612273, 4053480; 612274, 4053470; 
612274, 4053470; 612275, 4053450; 612275, 4053450; 612275, 4053450; 
612274, 4053440; 612274, 4053440; 612274, 4053430; 612274, 4053430; 
612273, 4053420; 612273, 4053420; 612272, 4053420; 612272, 4053410; 
612270, 4053400; 612268, 4053400; 612268, 4053390; 612266, 4053390; 
612254, 4053340; 612254, 4053340; 612253, 4053340; 612252, 4053330; 
612252, 4053330; 612251, 4053330; 612251, 4053320; 612250, 4053320; 
612250, 4053320; 612250, 4053320; 612250, 4053310; 612250, 4053310; 
612250, 4053310; 612250, 4053310; 612250, 4053300; 612250, 4053300; 
612251, 4053280; 612251, 4053270; 612252, 4053270; 612252, 4053260; 
612253, 4053250; 612255, 4053240; 612255, 4053240; 612255, 4053240; 
612256, 4053240; 612256, 4053230; 612256, 4053230; 612256, 4053230; 
612256, 4053230; 612256, 4053220; 612256, 4053220; 612256, 4053220; 
612256, 4053220; 612256, 4053220; 612255, 4053220; 612255, 4053220; 
612254, 4053210; 612239, 4053130; 612239, 4053130; 612238, 4053130; 
612238, 4053120; 612228, 4053060; 612228, 4053050; 612227, 4053050; 
612227, 4053050; 612226, 4053040; 612226, 4053030; 612226, 4053030; 
612226, 4053020; 612226, 4053020; 612227, 4053010; 612227, 4053000; 
612228, 4053000; 612229, 4052990; 612230, 4052980; 612231, 4052980; 
612232, 4052980; 612235, 4052960; 612237, 4052950; 612239, 4052940; 
612241, 4052930; 612251, 4052860; 612252, 4052860; 612254, 4052840; 
612255, 4052840; 612256, 4052830; 612256, 4052830; 612256, 4052820; 
612255, 4052820; 612255, 4052820; 612255, 4052820; 612254, 4052810; 
612253, 4052810; 612252, 4052810; 612252, 4052800; 612251, 4052800; 
612251, 4052800; 612251, 4052790; 612251, 4052790; 612251, 4052790; 
612250, 4052790; 612250, 4052790; 612250, 4052790; 612250, 4052780; 
612249, 4052780; 612249, 4052780; 612249, 4052780; 612248, 4052780; 
612248, 4052770; 612247, 4052770; 612246, 4052770; 612246, 4052770; 
612235, 4052740; 612233, 4052740; 612231, 4052730; 612229, 4052730; 
612228, 4052720; 612227, 4052720; 612226, 4052720; 612223, 4052710; 
612206, 4052690; 612205, 4052680; 612205, 4052680; 612204, 4052680; 
612203, 4052680; 612199, 4052670; 612199, 4052670; 612198, 4052670; 
612196, 4052660; 612196, 4052660; 612195, 4052660; 612195, 4052660; 
612194, 4052650; 612194, 4052650; 612194, 4052650; 612193, 4052650; 
612193, 4052650; 612193, 4052640; 612193, 4052640; 612190, 4052600; 
612190, 4052590; 612190, 4052590; 612188, 4052580; 612187, 4052570; 
612185, 4052560; 612184, 4052560; 612172, 4052510; 612171, 4052510; 
612168, 4052500; 612167, 4052500; 612165, 4052490; 612161, 4052480; 
612159, 4052480; 612158, 4052470; 612156, 4052470; 612153, 4052460; 
612147, 4052450; 612145, 4052450; 612141, 4052440; 612139, 4052440; 
612137, 4052440; 612124, 4052420; 612122, 4052420; 612119, 4052410; 
612118, 4052410; 612116, 4052410; 612115, 4052410; 612113, 4052400; 
612112, 4052400; 612111, 4052400; 612109, 4052400; 612108, 4052390; 
612107, 4052390; 612106, 4052390; 612105, 4052390; 612104, 4052380; 
612103, 4052380; 612102, 4052380; 612101, 4052380; 612099, 4052370; 
612098, 4052370; 612098, 4052370; 612096, 4052360; 612096, 4052360; 
612095, 4052360; 612095, 4052350; 612094, 4052350; 612094, 4052350; 
612093, 4052340; 612093, 4052340; 612093, 4052340; 612092, 4052330; 
612092, 4052330; 612092, 4052290; 612092, 4052290; 612092, 4052280; 
612092, 4052270; 612093, 4052270; 612093, 4052260; 612094, 4052260; 
612094, 4052260; 612095, 4052250; 612096, 4052250; 612097, 4052240; 
612114, 4052170; 612115, 4052170; 612116, 4052160; 612118, 4052160; 
612119, 4052150; 612122, 4052140; 612124, 4052140; 612126, 4052130; 
612127, 4052130; 612129, 4052130; 612131, 4052120; 612133, 4052120; 
612137, 4052110; 612140, 4052100; 612200, 4051990; 612203, 4051990; 
612208, 4051980; 612210, 4051970; 612236, 4051910; 612239, 4051910; 
612241, 4051900; 612243, 4051900; 612245, 4051890; 612247, 4051890; 
612248, 4051880; 612275, 4051790; 612277, 4051790; 612279, 4051780; 
612280, 4051780; 612281, 4051770; 612282, 4051770; 612283, 4051760; 
612284, 4051760; 612286, 4051740; 612291, 4051700; 612291, 4051700; 
612291, 4051700; 612290, 4051690; 612282, 4051640; 612281, 4051640; 
612281, 4051630; 612280, 4051630; 612280, 4051630; 612279, 4051630; 
612264, 4051570; 612263, 4051570; 612262, 4051560; 612262, 4051560; 
612261, 4051560; 612259, 4051560; 612258, 4051550; 612258, 4051550; 
612257, 4051550; 612255, 4051550; 612254, 4051550; 612253, 4051540; 
612253, 4051540; 612251, 4051540; 612250, 4051540; 612248, 4051540; 
612247, 4051530; 612243, 4051530; 612242, 4051530; 612240, 4051530; 
612125, 4051390; 612121, 4051390; 612118, 4051390; 612115, 4051380; 
612112, 4051380; 612107, 4051380; 612104, 4051370; 612033, 4051310; 
612027, 4051310; 612026, 4051310; 612024, 4051300; 612021, 4051300; 
612018, 4051300; 612016, 4051290; 612015, 4051290; 612012, 4051290; 
612010, 4051290; 612009, 4051290; 612005, 4051280; 612004, 4051280; 
612003, 4051270; 612002, 4051270; 612001, 4051270; 611999, 4051270; 
611998, 4051260; 611997, 4051260; 611996, 4051260; 611992, 4051250; 
611992, 4051250; 611991, 4051250; 611990, 4051240; 611989, 4051240; 
611988, 4051230; 611986, 4051220; 611986, 4051220; 611986, 4051210; 
611985, 4051200; 611985, 4051200; 611984, 4051190; 611983, 4051180; 
611982, 4051170; 611981, 4051160; 611979, 4051160; 611978, 4051150; 
611976, 4051140; 611960, 4051060; 611957, 4051050; 611956, 4051050; 
611954, 4051040; 611952, 4051030; 611948, 4051020; 611946, 4051020; 
611944, 4051010; 611941, 4051000; 611939, 4051000; 611936, 4050990; 
611934, 4050980; 611931, 4050980; 611928, 4050970; 611925, 4050970; 
611922, 4050960; 611918, 4050950; 611915, 4050950; 611908, 4050940; 
611901, 4050930; 611897, 4050920; 611893, 4050920; 611889, 4050910; 
611885, 4050900; 611881, 4050900; 611876, 4050890; 611872, 4050890; 
611868, 4050880; 611863, 4050880; 611858, 4050870; 611854, 4050870; 
611849, 4050870; 611785, 4050810; 611780, 4050800; 611776, 4050800; 
611773, 4050790; 611768, 4050790; 611764, 4050790; 611760, 4050780; 
611756, 4050780; 611752, 4050780; 611743, 4050770; 611739, 4050770; 
611736, 4050770; 611734, 4050770; 611733, 4050770; 611732, 4050760; 
611731, 4050760; 611729, 4050760; 611728, 4050760; 611727, 4050760; 
611726, 4050760; 611722, 4050760; 611720, 4050750; 611718, 4050750; 
611717, 4050750; 611714, 4050750; 611713, 4050750; 611712, 4050750; 
611711, 4050740; 611710, 4050740; 611709, 4050740; 611708, 4050740; 
611707, 4050740; 611707, 4050740; 611706, 4050740; 611705, 4050730; 
611704, 4050730; 611702, 4050730; 611701, 4050730; 611701, 4050730;

[[Page 37540]]

611699, 4050720; 611698, 4050720; 611698, 4050720; 611697, 4050710; 
611696, 4050710; 611696, 4050710; 611695, 4050710; 611695, 4050700; 
611695, 4050700; 611694, 4050700; 611681, 4050590; 611681, 4050590; 
611680, 4050570; 611679, 4050570; 611679, 4050560; 611679, 4050550; 
611679, 4050550; 611679, 4050540; 611679, 4050540; 611679, 4050530; 
611682, 4050470; 611683, 4050450; 611683, 4050440; 611683, 4050360; 
611683, 4050360; 611683, 4050360; 611683, 4050350; 611683, 4050350; 
611683, 4050350; 611682, 4050350; 611682, 4050350; 611682, 4050340; 
611682, 4050340; 611681, 4050340; 611681, 4050340; 611681, 4050340; 
611680, 4050340; 611680, 4050330; 611679, 4050330; 611678, 4050330; 
611677, 4050330; 611676, 4050320; 611676, 4050320; 611673, 4050320; 
611672, 4050320; 611671, 4050310; 611671, 4050310; 611670, 4050310; 
611669, 4050310; 611668, 4050310; 611667, 4050310; 611665, 4050300; 
611661, 4050300; 611660, 4050300; 611659, 4050300; 611658, 4050290; 
611657, 4050290; 611655, 4050290; 611654, 4050290; 611653, 4050290; 
611652, 4050290; 611650, 4050290; 611649, 4050290; 611648, 4050290; 
611646, 4050280; 611645, 4050280; 611644, 4050280; 611642, 4050280; 
611618, 4050260; 611617, 4050260; 611616, 4050260; 611614, 4050260; 
611613, 4050260; 611612, 4050260; 611610, 4050260; 611609, 4050260; 
611608, 4050260; 611604, 4050250; 611601, 4050250; 611600, 4050250; 
611599, 4050250; 611596, 4050240; 611595, 4050240; 611594, 4050240; 
611593, 4050240; 611592, 4050240; 611591, 4050230; 611589, 4050230; 
611589, 4050230; 611588, 4050230; 611587, 4050230; 611586, 4050220; 
611585, 4050220; 611584, 4050220; 611584, 4050220; 611583, 4050220; 
611582, 4050210; 611582, 4050210; 611581, 4050210; 611581, 4050210; 
611580, 4050210; 611580, 4050210; 611580, 4050200; 611579, 4050200; 
611578, 4050190; 611578, 4050190; 611578, 4050190; 611578, 4050190; 
611578, 4050180; 611578, 4050180; 611578, 4050180; 611578, 4050180; 
611578, 4050170; 611578, 4050170; 611579, 4050170; 611579, 4050170; 
611580, 4050170; 611581, 4050160; 611582, 4050160; 611582, 4050160; 
611583, 4050150; 611583, 4050150; 611584, 4050150; 611584, 4050150; 
611586, 4050150; 611586, 4050140; 611587, 4050140; 611588, 4050140; 
611589, 4050140; 611591, 4050140; 611592, 4050130; 611593, 4050130; 
611594, 4050130; 611595, 4050130; 611596, 4050130; 611614, 4050100; 
611616, 4050100; 611618, 4050100; 611618, 4050090; 611619, 4050090; 
611619, 4050090; 611619, 4050090; 611619, 4050080; 611619, 4050080; 
611617, 4050080; 611617, 4050080; 611616, 4050080; 611614, 4050070; 
611613, 4050070; 611612, 4050070; 611610, 4050070; 611609, 4050070; 
611608, 4050060; 611606, 4050060; 611604, 4050060; 611602, 4050060; 
611601, 4050060; 611589, 4050060; 611568, 4050050; 611553, 4050040; 
611538, 4050040; 611523, 4050030; 611508, 4050030; 611494, 4050020; 
611479, 4050010; 611465, 4050010; 611451, 4050000; 611410, 4049980; 
611408, 4049980; 611406, 4049980; 611402, 4049970; 611401, 4049970; 
611399, 4049970; 611397, 4049970; 611393, 4049970; 611391, 4049970; 
611388, 4049970; 611354, 4049980; 611353, 4049980; 611351, 4049980; 
611348, 4049980; 611346, 4049980; 611343, 4049980; 611263, 4049990; 
611261, 4049990; 611259, 4049990; 611257, 4049990; 611254, 4049990; 
611252, 4049990; 611250, 4049990; 611248, 4049990; 611246, 4049990; 
611243, 4049990; 611241, 4049990; 611239, 4049990; 611237, 4049990; 
611233, 4049990; 611230, 4049980; 611228, 4049980; 611222, 4049980; 
611220, 4049980; 611218, 4049980; 611216, 4049980; 611213, 4049980; 
611211, 4049980; 611209, 4049980; 611207, 4049980; 611205, 4049980; 
611203, 4049980; 611201, 4049980; 611199, 4049980; 611197, 4049980; 
611195, 4049970; 611193, 4049970; 611191, 4049970; 611185, 4049970; 
611184, 4049970; 611182, 4049970; 611176, 4049960; 611173, 4049960; 
611171, 4049960; 611169, 4049960; 611168, 4049960; 611166, 4049950; 
611164, 4049950; 611163, 4049950; 611161, 4049950; 611160, 4049950; 
611158, 4049950; 611157, 4049950; 611155, 4049940; 611154, 4049940; 
611152, 4049940; 611151, 4049940; 611147, 4049930; 611146, 4049930; 
611144, 4049930; 611066, 4049810; 611064, 4049810; 611063, 4049810; 
611061, 4049800; 611060, 4049800; 611058, 4049800; 611057, 4049800; 
611055, 4049800; 611053, 4049790; 611052, 4049790; 611046, 4049790; 
611045, 4049780; 611041, 4049780; 611039, 4049780; 611037, 4049780; 
611035, 4049780; 611033, 4049770; 611031, 4049770; 611027, 4049770; 
611024, 4049770; 611022, 4049770; 611020, 4049770; 611018, 4049760; 
611011, 4049760; 611009, 4049760; 611007, 4049760; 611005, 4049760; 
611002, 4049760; 610958, 4049740; 610953, 4049730; 610948, 4049730; 
610944, 4049730; 610939, 4049730; 610937, 4049730; 610935, 4049720; 
610933, 4049720; 610931, 4049720; 610928, 4049720; 610924, 4049720; 
610920, 4049710; 610918, 4049710; 610916, 4049710; 610914, 4049710; 
610912, 4049710; 610910, 4049700; 610909, 4049700; 610907, 4049700; 
610903, 4049700; 610902, 4049690; 610900, 4049690; 610898, 4049690; 
610896, 4049690; 610875, 4049660; 610867, 4049650; 610865, 4049640; 
610864, 4049640; 610863, 4049640; 610862, 4049640; 610860, 4049640; 
610859, 4049640; 610858, 4049640; 610857, 4049640; 610856, 4049630; 
610848, 4049630; 610847, 4049630; 610845, 4049620; 610843, 4049620; 
610841, 4049620; 610839, 4049620; 610837, 4049620; 610835, 4049620; 
610833, 4049620; 610830, 4049620; 610815, 4049620; 610812, 4049620; 
610809, 4049620; 610807, 4049620; 610805, 4049620; 610803, 4049620; 
610798, 4049620; 610796, 4049620; 610794, 4049620; 610792, 4049620; 
610790, 4049620; 610788, 4049620; 610786, 4049620; 610760, 4049630; 
610758, 4049630; 610755, 4049630; 610751, 4049630; 610749, 4049640; 
610739, 4049640; 610729, 4049640; 610719, 4049650; 610709, 4049650; 
610694, 4049660; 610641, 4049680; 610630, 4049680; 610619, 4049690; 
610500, 4049740; 610496, 4049740; 610487, 4049740; 610483, 4049740; 
610478, 4049740; 610474, 4049740; 610470, 4049750; 610465, 4049750; 
610461, 4049750; 610456, 4049750; 610452, 4049750; 610447, 4049750; 
610443, 4049750; 610438, 4049750; 610433, 4049750; 610428, 4049750; 
610322, 4049760; 610312, 4049760; 610301, 4049760; 610289, 4049770; 
610242, 4049770; 610235, 4049770; 610230, 4049770; 610225, 4049770; 
610220, 4049770; 610215, 4049770; 610209, 4049770; 610204, 4049770; 
610199, 4049770; 610193, 4049770; 610188, 4049770; 610182, 4049770; 
610177, 4049770; 610172, 4049770; 610166, 4049770; 610161, 4049770; 
610155, 4049770; 610150, 4049770; 610144, 4049770; 610088, 4049770; 
610084, 4049770; 610079, 4049770; 610075, 4049760; 610070, 4049760; 
610066, 4049760; 610061, 4049760; 610057, 4049760; 610052, 4049760; 
610048, 4049760; 610044, 4049760; 610039, 4049760; 610035, 4049760; 
610031, 4049750; 610027, 4049750; 610022, 4049750; 610018, 4049750; 
610014, 4049750; 610010, 4049750; 610006, 4049740; 610001, 4049740; 
609993, 4049740; 609989, 4049740; 609981, 4049730; 609977, 4049730; 
609974, 4049730; 609970, 4049720; 609966, 4049720; 609962, 4049720; 
609959, 4049720; 609955, 4049710; 609948, 4049710; 609945, 4049710;

[[Page 37541]]

609941, 4049700; 609938, 4049700; 609934, 4049700; 609931, 4049690; 
609906, 4049670; 609905, 4049670; 609904, 4049670; 609902, 4049670; 
609901, 4049660; 609900, 4049660; 609898, 4049660; 609896, 4049660; 
609895, 4049660; 609894, 4049660; 609893, 4049650; 609892, 4049650; 
609891, 4049650; 609890, 4049650; 609888, 4049650; 609886, 4049640; 
609886, 4049640; 609885, 4049640; 609884, 4049640; 609882, 4049630; 
609881, 4049630; 609880, 4049630; 609880, 4049630; 609879, 4049630; 
609879, 4049620; 609878, 4049620; 609878, 4049620; 609877, 4049620; 
609876, 4049610; 609876, 4049610; 609876, 4049610; 609875, 4049600; 
609875, 4049600; 609874, 4049600; 609874, 4049600; 609874, 4049590; 
609874, 4049590; 609875, 4049580; 609875, 4049580; 609875, 4049580; 
609875, 4049580; 609896, 4049440; 609896, 4049440; 609897, 4049440; 
609897, 4049440; 609897, 4049430; 609897, 4049430; 609896, 4049420; 
609896, 4049420; 609895, 4049420; 609895, 4049420; 609894, 4049410; 
609893, 4049410; 609892, 4049410; 609892, 4049410; 609890, 4049400; 
609887, 4049400; 609886, 4049400; 609885, 4049390; 609883, 4049390; 
609882, 4049390; 609881, 4049390; 609879, 4049390; 609877, 4049390; 
609876, 4049380; 609874, 4049380; 609805, 4049320; 609799, 4049320; 
609795, 4049320; 609786, 4049310; 609776, 4049300; 609771, 4049300; 
609767, 4049300; 609762, 4049290; 609757, 4049290; 609747, 4049280; 
609741, 4049280; 609736, 4049280; 609731, 4049280; 609726, 4049270; 
609721, 4049270; 609715, 4049270; 609710, 4049270; 609699, 4049260; 
609694, 4049260; 609688, 4049260; 609683, 4049260; 609677, 4049260; 
609671, 4049260; 609666, 4049250; 609660, 4049250; 609655, 4049250; 
609649, 4049250; 609643, 4049250; 609637, 4049250; 609449, 4049220; 
609423, 4049220; 609390, 4049210; 609292, 4049190; 609287, 4049190; 
609282, 4049190; 609277, 4049190; 609271, 4049190; 609266, 4049190; 
609261, 4049190; 609256, 4049190; 609249, 4049180; 609204, 4049170; 
609182, 4049160; 609161, 4049150; 608937, 4049090; 608921, 4049080; 
608905, 4049080; 608883, 4049070; 608862, 4049060; 608770, 4049040; 
608767, 4049030; 608765, 4049030; 608762, 4049030; 608760, 4049030; 
608757, 4049030; 608755, 4049030; 608752, 4049030; 608750, 4049030; 
608747, 4049030; 608745, 4049030; 608742, 4049030; 608737, 4049030; 
608732, 4049030; 608729, 4049030; 608616, 4049030; 608588, 4049030; 
608559, 4049030; 608427, 4049020; 608423, 4049020; 608419, 4049020; 
608415, 4049020; 608411, 4049020; 608407, 4049020; 608403, 4049020; 
608399, 4049020; 608395, 4049020; 608391, 4049020; 608387, 4049020; 
608383, 4049020; 608379, 4049020; 608371, 4049020; 608367, 4049010; 
608363, 4049010; 608360, 4049010; 608356, 4049010; 608352, 4049010; 
608348, 4049010; 608341, 4049010; 608337, 4049000; 608333, 4049000; 
608330, 4049000; 608326, 4049000; 608323, 4049000; 608319, 4048990; 
608316, 4048990; 608312, 4048990; 608289, 4048980; 608284, 4048970; 
608280, 4048970; 608275, 4048970; 608271, 4048960; 608263, 4048960; 
608178, 4048890; 608174, 4048890; 608171, 4048890; 608167, 4048890; 
608164, 4048880; 608158, 4048880; 608154, 4048880; 608151, 4048880; 
608144, 4048870; 608140, 4048870; 608137, 4048870; 608130, 4048870; 
608123, 4048860; 608115, 4048860; 608112, 4048860; 608108, 4048860; 
608104, 4048860; 608097, 4048850; 608093, 4048850; 607883, 4048810; 
607853, 4048800; 607851, 4048800; 607802, 4048800; 607759, 4048800; 
607716, 4048810; 607674, 4048810; 607631, 4048820; 607589, 4048830; 
607547, 4048830; 607505, 4048840; 607463, 4048850; 607421, 4048860; 
607380, 4048870; 607338, 4048880; 607297, 4048890; 607256, 4048900; 
607215, 4048920; 607175, 4048930; 607134, 4048940; 607094, 4048960; 
607054, 4048970; 607015, 4048990; 606976, 4049010; 606646, 4049160; 
606633, 4049160; 606621, 4049170; 606609, 4049170; 606596, 4049180; 
606583, 4049180; 606571, 4049180; 606558, 4049190; 606545, 4049190; 
606532, 4049200; 606519, 4049200; 606506, 4049200; 606493, 4049200; 
606480, 4049210; 606466, 4049210; 606441, 4049210; 606437, 4049230; 
606301, 4049510; 606277, 4049560.
    (ii) Excluding lands bounded by: 611438, 4056500; 611495, 4056520; 
611476, 4056580; 611418, 4056560; 611438, 4056500.
    Excluding lands bounded by: 611939, 4057140; 611960, 4057140; 
611959, 4057160; 611938, 4057160; 611939, 4057140.
    Excluding lands bounded by: 609833, 4053400; 609908, 4053360; 
610068, 4053380; 610032, 4053600; 610030, 4053600; 610026, 4053600; 
610022, 4053600; 610021, 4053600; 610019, 4053600; 609791, 4053560; 
609792, 4053420; 609833, 4053400.
    Excluding lands bounded by: 611759, 4053550; 611754, 4053540; 
611727, 4053520; 611706, 4053510; 611679, 4053500; 611658, 4053490; 
611642, 4053480; 611613, 4053450; 611582, 4053430; 611536, 4053420; 
611500, 4053420; 611469, 4053410; 611436, 4053390; 611394, 4053340; 
611367, 4053290; 611346, 4053240; 611313, 4053170; 611278, 4053120; 
611240, 4053070; 611218, 4053040; 611270, 4053010; 611305, 4052990; 
611336, 4052970; 611371, 4052940; 611402, 4052910; 611442, 4052910; 
611514, 4052860; 611524, 4052850; 611585, 4052980; 611610, 4053050; 
611638, 4053130; 611670, 4053190; 611724, 4053240; 611761, 4053280; 
611826, 4053310; 611953, 4053370; 611994, 4053390; 612029, 4053400; 
612049, 4053520; 611979, 4053570; 611863, 4053640; 611759, 4053550.
    (iii) Map Unit H follows.

[[Page 37542]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.008


[[Page 37543]]


    (13) Unit I: Del Rey Oaks Unit. Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Seaside lands bounded by the 
following UTM zone 10 NAD83 coordinates (E,N): 603516, 4050050; 604562, 
4050070; 606616, 4048490; 606612, 4048020; 606317, 4048090; 606197, 
4048120; 606101, 4048130; 605982, 4048140; 605862, 4048150; 605758, 
4048170; 605649, 4048200; 605557, 4048250; 605206, 4048580; 604937, 
4048980; 604820, 4049060; 604710, 4049100; 604599, 4049130; 604457, 
4049120; 604340, 4049080; 604209, 4049040; 604094, 4049010; 604000, 
4049010; 603918, 4049020; 603802, 4049040; 603692, 4049080; 603525, 
4049140; 603521, 4049490; 603993, 4049300; 604045, 4049220; 604128, 
4049190; 604195, 4049200; 604280, 4049200; 604377, 4049210; 604452, 
4049220; 604491, 4049220; 604502, 4049260; 604228, 4049370; 604242, 
4049410; 604148, 4049450; 604143, 4049440; 603678, 4049620; 603655, 
4049670; 603519, 4049730; 603516, 4050050.
    (ii) Map Unit I follows.

[[Page 37544]]

[GRAPHIC] [TIFF OMITTED] TR29MY02.009


[[Page 37545]]


    (14) Unit J: Soledad Unit. Monterey County, California.
    (i) From USGS 1:24,000 quadrangle map Soledad, lands bounded by the 
following UTM zone 10 NAD83 coordinates (E,N): 653580, 4030090; 653997, 
4030130; 654337, 4030190; 654644, 4030250; 655780, 4030290; 655904, 
4030220; 655999, 4030140; 655999, 4029880; 654381, 4029810; 654381, 
4029730; 654236, 4029680; 654093, 4029660; 653886, 4029650; 653594, 
4029550; 653609, 4029810; 653580, 4030090.
    (ii) Map Unit J follows.
    [GRAPHIC] [TIFF OMITTED] TR29MY02.010
    

[[Page 37546]]


* * * * *

    Dated: May 17, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-13065 Filed 5-28-02; 8:45 am]
BILLING CODE 4310-55-C