[Federal Register Volume 67, Number 216 (Thursday, November 7, 2002)]
[Rules and Regulations]
[Pages 67968-68001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27873]



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Part IV





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 Eriodictyon capitatum (Lompoc yerba santa) and Deinandra 
increscens ssp. villosa (Gaviota tarplant); Final Rule

  Federal Register / Vol. 67, No. 216 / Thursday, November 7, 2002 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG88


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Eriodictyon capitatum (Lompoc yerba santa) and 
Deinandra increscens ssp. villosa (Gaviota tarplant)

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 pursuant to the Endangered Species Act of 1973, as 
amended (Act), for Eriodictyon capitatum (Lompoc yerba santa) and 
Deinandra increscens ssp. villosa [= Hemizonia increscens ssp. villosa] 
(Gaviota tarplant). Approximately 6,519 hectares (ha) (16,110 acres 
(ac)) in Santa Barbara County, 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 the proposal, including data on economic and other 
impacts of the designation.

DATES: This rule is effective December 9, 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: Diane Noda, Field Supervisor, Ventura 
Fish and Wildlife Office (see ADDRESSES section) (telephone 805/644-
1766; facsimile 805/644-3958). Information regarding this designation 
is available in alternate formats upon request.

SUPPLEMENTARY INFORMATION:

Background

    We proposed to designate critical habitat for Eriodictyon capitatum 
(Lompoc yerba santa) and Deinandra increscens ssp. villosa (Gaviota 
tarplant) on November 15, 2001 (66 FR 57559). In the proposed rule, we 
also included a proposal to designate critical habitat for Cirsium 
loncholepis (La Graciosa thistle).
    During the public comment period, we received a recommendation from 
a peer reviewer to delay the publication of a final rule for Cirsium 
loncholepis pending the determination of its taxonomic status. Recent 
research on C. loncholepis raises significant questions regarding the 
taxonomy of the species. The taxonomic relationship between C. 
loncholepis and C. scariosum (elk thistle), which is widespread in 
montane wetland areas in California, is under review (Dr. David Keil, 
California Polytechnic University, San Luis Obispo, California, pers. 
comm., 2002). Cirsium loncholepis may be proposed as a new taxon, C. 
scariosum var. citrinum, in The Flora of North America, which will be 
submitted for peer review in December of 2002. Due to the uncertainty 
in the taxonomic status of C. loncholepis, we and the plaintiffs agreed 
to a 1-year extension to the date by which the final rule for C. 
loncholepis critical habitat is to be submitted for publication.
    Eriodictyon capitatum and Deinandra increscens ssp. villosa 
[=Hemizonia increscens ssp. villosa] occur along the south central 
California coast. They are restricted to a narrow area in northern and 
western Santa Barbara County, in declining or altered habitats 
including central maritime chaparral, valley needlegrass grassland, and 
southern bishop pine forest (Holland 1986; Schoenherr 1992).

Eriodictyon capitatum

    Eriodictyon capitatum (Lompoc yerba santa) was collected by Hoffman 
in 1932, near Lompoc, growing under Pinus muricata (bishop pine), and 
described the following year (Eastwood 1933). Eriodictyon capitatum is 
a shrub in the waterleaf family (Hydrophyllaceae) with narrow, sticky 
stems up to 3 meters (m) (10 feet (ft)) tall. The head-like 
inflorescence has lavender corollas that are 6 to 15 millimeters (mm) 
(0.2 to 0.6 inch (in)) long. It is distinguished from related species 
by its narrow, entire (margins with smooth or continuous edges) leaves 
and its head-like inflorescence. The fruits are 4-valved capsules that 
are 1 to 3 mm (0.03 to 0.1 in) wide, and contain up to 5 seeds (Halse 
1993). However, seed set is typically much less; Elam (1994) found that 
flowers that were intentionally cross-pollinated produced a mean of 
1.77 seeds per fruit, while flowers that were intentionally self-
pollinated produced an average of 0.03 seeds per fruit.
    Eriodictyon capitatum also spreads vegetatively through the 
production of rhizomes. New stems emerging from these rhizomes are 
referred to as ramets. For plants that spread vegetatively, ramet is a 
general term used to describe above-ground stems, regardless of their 
underground physiological connection. In recent observations, new stems 
were found to be emerging 30 m (100 ft) or more away from the nearest 
visible ramet, suggesting there is a long distance spread of the root 
system (Diane Pratt and Connie Rutherford, Service, pers. obs., 2002; 
Chris Gillespie, Vandenberg Air Force Base, pers. comm., 2002).
    Eriodictyon capitatum occurs in maritime chaparral with Dendromecon 
rigida (bush poppy), Quercus berberidifolia (California scrub oak), Q. 
parvula (scrub oak), and Ceanothus cuneatus (buck brush), and in 
southern bishop pine forests that intergrade with chaparral comprised 
primarily of Arctostaphylos spp. (manzanita) and Salvia mellifera 
(black sage) (Smith 1983). These maritime chaparral and bishop pine 
forests are found inland from the active dunes, where there are 
remnants of prehistoric uplifted dunes that have formed a weakly 
cemented sandstone that has weathered to produce a sandy, extremely 
well drained, and nearly infertile soil (Davis et al. 1988). This 
substrate has a limited distribution, occurring on the following mesas 
in San Luis Obispo and Santa Barbara counties: Nipomo Mesa; Casmalia 
Hills; San Antonio Terrace; Burton Mesa; Lompoc Terrace; and Purisima 
Hills. Central coast maritime chaparral is the primary habitat that 
occurs on the sand hills and has been the focus of several studies 
(Ferren et al. 1984; Davis et al. 1988; Philbrick and Odion 1988; Davis 
et al. 1989; Odion et al. 1992). Seven local endemic plant species, and 
at least 16 other uncommon plant species, are also components of this 
habitat. This community type is an exceptional biological resource due 
to the concentration of rare plants found within it, but most of it has 
been converted to other land uses, fragmented, or degraded by non-
native species invasion (Davis et al. 1988;

[[Page 67969]]

Odion et al. 1992). Central coast maritime chaparral is considered 
threatened and sensitive by the California Department of Fish and 
Game's (CDFG) Natural Heritage Division (Holland 1986). Southern bishop 
pine forest is scattered in the Purisima Hills and intergrades with the 
central coast maritime chaparral (Holland 1986).
    The soils associated with Eriodictyon capitatum are extremely 
variable, but all tend to be slightly to strongly acidic. Sites on 
ridgetops have very shallow soils that consist of exposed parent 
material. Permeability ranges from low (high clay content), in the 
Santa Ynez Mountains, to excessively drained (Arnold sands with a low 
clay content) in the Solomon Hills. The Burton Mesa population occurs 
on an upper highly permeable soil (Tangair sands) underlain by a shale 
substrate of low permeability. The Pine Canyon population occurs in the 
bottom of the drainage in a highly gullied landscape (C. Gillespie, 
Vandenberg Air Force Base, pers. comm., 2002).
    The four locations currently known to be occupied by Eriodictyon 
capitatum are in western Santa Barbara County. Based on the presence of 
appropriate soils and associated species, we believe that other 
populations may occur on the mesas listed above, but have not yet been 
detected by botanists.
    Two of the known locations of Eriodictyon capitatum are on 
Vandenberg Air Force Base (Vandenberg); these two locations are 
referred to herein as Vandenberg East (comprised of two groups) and 
Vandenberg West (comprised of one group). The other two locations are 
in oil fields south of Orcutt, referred to as the Solomon Hills 
location (comprised of one group), and Santa Ynez Mountains location 
(comprised of three groups) found at the western end of the mountains, 
all on private land. Based on enzyme analysis, Elam (1994) determined 
that all of the Santa Ynez Mountains groups, and one of the Vandenberg 
groups (within the Vandenberg East location), were made up of several 
genetically distinct individuals (genets). Each genet is typically 
composed of many ramets produced by its spreading root system. The 
genetic information to date suggests that the other two Vandenberg 
groups are composed of a single genet, that is to say that there is 
only one genetic individual with several above surface ramets that may 
encompass a large area (Elam 1994). However, other genetic individuals 
may exist in the soil seed bank. The Solomon Hills location was not 
studied due to inaccessibility. The three Santa Ynez Mountains groups 
ranged from 11 to 20 genets each; the single group on Vandenberg that 
was composed of multiple genetic individuals had 18 genets. Eriodictyon 
capitatum is self-incompatible (i.e., it requires pollen from 
genetically different plants to produce seed), and its fruits appear to 
be parasitized by an insect (Elam 1994).
    Because Eriodictyon capitatum evolved in fire-adapted vegetation 
communities, fire likely plays an important role in the persistence and 
reproduction of populations of the taxon. Fire cues, such as heat and 
charate (charred wood) have been found to significantly increase 
germination of other Eriodictyon species (Keeley 1987). If a seed bank 
remains within a location of Eriodictyon capitatum, it may be expressed 
following fire. However, if the soil seed bank is depauperate 
(impoverished), an intense burn that kills existing plants may 
eliminate an entire clone or population.
    A study of one of the groups at Vandenberg that is potentially 
composed of one genet showed that Eriodictyon capitatum resprouted 
successfully from the base of the plant after a prescribed fire. 
However, several stems died, and no seedling recruitment occurred, 
which is consistent with Jacks et al. (1984) theory that a single 
genetic, self-incompatible individual would be expected to produce 
little or no seed. Following a burn in 1999, the group potentially 
composed of one genet at Vandenberg West expanded from approximately 80 
to 150 individual ramets. Since that time, there have been no 
observations of evidence of seed production at this location (C. 
Gillespie, in litt., 2002).
    Some biologists have suggested that disturbance other than fire 
(e.g., road scraping) favors persistence, growth, and reproduction of 
populations of Eriodictyon capitatum (Dr. Neil Havlik, botanist, City 
of San Luis Obispo, in litt., 2002). The population of Eriodictyon 
capitatum in the Solomon Hills appears to have responded well to 
ongoing disturbance along roads and near facilities associated with 
fire control practices (Sue Foley, Nuevo Energy Company, pers. comm., 
2002). Such disturbance may encourage stem production and the spread of 
individual genets. However, road scraping and ongoing maintenance and 
removal of vegetation for fire control may destroy individual ramets or 
damage the root structure of Eriodictyon capitatum plants. It is not 
known how these activities may affect sexual reproduction and influence 
the dispersal and expression of the soil seed bank.
    Incompatible fire management practices (e.g., prescribed fires that 
are too frequent or poorly-timed), habitat loss, invasive non-native 
plant species, low seed productivity, residential and commercial 
development, and naturally occurring catastrophic events pose 
significant threats to the long-term survival of this species. Habitat 
for Eriodictyon capitatum may be degraded by the presence of non-native 
species, such as veldt grass and iceplant, that may compete with native 
vegetation. These fast-spreading species are difficult to control, 
particularly after an area has been denuded by wildfire. E. capitatum 
was listed as rare by the State of California in 1979 (CDFG 1992).

Deinandra increscens ssp. villosa

    Deinandra increscens ssp. villosa is a member of the sunflower 
family. Tanowitz (1982) described this plant from collected material, 
as well as a specimen gathered from Gaviota in 1902 by Elmer, as 
Hemizonia increscens ssp. villosa. Recent studies on the evolution of a 
related group of the tarplants of North America have resulted in the 
reinstatement of the genus name Deinandra for Hemizonia increscens ssp. 
villosa (Baldwin 1999). Deinandra increscens spp. villosa is a yellow-
flowered, variable gray-green, soft, hairy annual that is 30 to 90 cm 
(12 to 35 in) tall with stems branching near the base. The lower leaves 
are 5 to 8.6 cm (2 to 3.4 in) long. The inflorescence is rounded to 
flat-topped typically with mostly 13-ray flowers and 18 to 31 usually 
sterile, disk flowers. The seeds produced by the ray flowers (achenes) 
are three-angled and about 2 mm (0.08 in); the seeds of this genus lack 
the long set of awns that assist in wind dispersal, as are found in 
many other members of the sunflower family (Keil 1993). The seeds most 
likely are dispersed by adhesion of the sticky bracts clasping the ray 
achenes to animal fur or feathers (B. Baldwin, in litt., 2001). Two 
other subspecies, D. increscens ssp. increscens (grassland tarweed) and 
D. increscens ssp. foliosa (leafy tarplant), differ from D. increscens 
ssp. villosa by their stiff-bristly, deep green foliage; however, 
chemical composition is the best means to differentiate these species 
(Keil 1993; Katherine Rindlaub, biological consultant, in litt., 1998). 
There are occasional observations of 13-rayed D. increscens ssp. 
increscens that are reported as D. increscens ssp. villosa (K. 
Rindlaub, in litt., 1998).
    Deinandra increscens ssp. villosa blooms from June through 
September. Pollinators observed on the flowers of D. increscens ssp. 
villosa include several species of flies, bees, skippers, and

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butterflies (Tanowitz in Howald 1989). Deinandra increscens ssp. 
villosa depends on the successful transfer of pollen between plants in 
order to produce seeds. Most Deinandra species are strongly self-
incompatible (Tanowitz 1982; B. Baldwin, in litt., 2001), meaning that 
self-fertilization is impossible and insects are necessary for the 
transfer of pollen. The type of incompatibility system that Deinandra 
species possess (sporophytic) makes their ability to reproduce 
particularly vulnerable to loss of genetic variation within and between 
populations (B. Baldwin, in litt., 2001).
    As is typical of annual plant species, the number of individuals 
present above-ground from one year to the next varies dramatically, 
most likely depending on climatic conditions such as amount of 
rainfall, timing of rainfall, and temperature regimes during critical 
stages of germination and seedling growth. There are some years when 
patches may contain few to no individuals (Howald 1989), but a seed 
bank likely persists in the soil. In 1995 and 1997, the species was not 
abundant at the locations known at the time (K. Rindlaub, in litt., 
1998).
    Deinandra increscens ssp. villosa has a highly localized 
distribution in western Santa Barbara County, where it is associated 
with needlegrass grasslands comprised of native Nassella spp. 
(needlegrass), the non-native Avena spp. (wild oats) and Bromus 
diandrus (ripgut brome), and other herbs and grasses. The grasslands 
intergrade with coastal sage scrub composed of Artemisia californica 
(California sagebrush), Baccharis pilularis (coyote bush), Hazardia 
squarrosa (sawtooth golden bush), and Eriogonum fasciculatum 
(California buckwheat) (CNDDB 2001).
    Until several years ago, populations of Deinandra increscens ssp. 
villosa were only known from marine terraces in the vicinity of 
Gaviota. However, populations were recently observed at approximately 
seven new locations ranging westward from Gaviota along the coast and 
in the Santa Ynez Mountains to Point Arguello (Mary Meyer, CDFG, pers. 
comm., 2001; Hendrickson et al. 1998). This species is found on sandy 
soils associated with marine terraces and uplifted marine sediments, 
ranging from 46 m (150 ft) in elevation along the lowest terraces to 
305 m (1000 ft) (Hendrickson et al.1998; CNDDB 2001; Dieter Wilken, in 
litt., 1998). At this higher elevation, the taxon is known to occur in 
grasslands above the 215 m (700 ft) contour line west of Sudden Peak 
(CNDDB 2001; D. Wilken, in litt., 1998). One disjunct population occurs 
in grassland and openings within coastal sage scrub just south of Point 
Sal on Vandenberg Air Force Base (C. Gillespie, pers. comm., 2001; 
CNDDB 2001).
    Soil characteristics have been studied most extensively near the 
Gaviota location. There, the plant is restricted to Conception and 
Milpitas-Positas soils, which consist of acidic, fine, sandy loams (All 
American Pipeline Company (AAPC) 1995). A subsurface clay layer 2.5 to 
90 cm (1 to 36 in) deep may serve as a reservoir of soil moisture in an 
area otherwise characterized by summer drought (Howald 1989). However, 
Deinandra increscens ssp. villosa consistently occurs where the depth 
to clay is only 2.5 to 5 cm (1 to 2 in) (K. Rindlaub, in litt., 1998).
    The narrow coastal terrace at Gaviota is bisected lengthwise by 
Highway 101, a railroad, and several pipelines. Most of the habitat for 
Deinandra increscens ssp. villosa lies on the north side of the highway 
on private lands owned by the petroleum industry; CDFG is in the 
process of acquiring an 86 ha (35 ac) parcel to establish a D. 
increscens ssp. villosa preserve. A few colonies occur on the south 
side of Highway 101 on land owned by California Department of Parks and 
Recreation (CDPR). Most of the other populations west of Gaviota are 
located on private land; certain petroleum companies have leased land 
for their facilities and access to them at Government Point, just east 
of Point Conception. Two populations, one near Point Arguello and one 
near Point Sal, are located on Vandenberg Air Force Base (CNDDB 2001; 
C. Gillespie, pers. comm., 2001).
    Deinandra increscens ssp. villosa is threatened by destruction of 
individual plants, habitat loss, and habitat degradation from the 
development and decommissioning of oil and gas facilities, including 
pipelines, incompatible fire management practices, residential and 
commercial development, and competition with non-native weeds (65 FR 
14892). Within the last 5 years, two aggressive non-native grasses, 
Ehrharta calycina (veldt grass) and Phalaris aquaticus (harding grass), 
have invaded the Gaviota site and pose a serious threat to D. 
increscens ssp. villosa and the remaining coastal prairie habitat at 
this site (K. Rindlaub, pers. comm., 2001; M. Meyer, pers. comm., 
2001).
    Until recently, the overall trend for this species has been 
characterized as one of decline (CDFG 1992); this was based primarily 
on impacts occurring on the Gaviota populations. The populations in the 
vicinity of Point Conception and Government Point were discovered in 
the year 2000. The populations in this area face similar threats to 
those in the Gaviota area, specifically from activities associated with 
the decommissioning of oil and gas facilities, and from alteration of 
habitat due to the spread of iceplant (Carpobrotus edulis) and veldt 
grass (M. Meyer, pers. comm., 2001). However, some of the populations 
found within the last 3 years are in remote areas in the Santa Ynez 
Mountains and do not appear to be threatened at this time.
    Deinandra increscens ssp. villosa was listed as endangered by the 
State of California in 1990 (CDFG 1992). In 1989, when the species was 
first proposed for State listing, CDFG recommended several recovery and 
management actions including: (1) Research on the reproductive biology 
and habitat requirements so that essential habitat can be more clearly 
defined and protection requirements can be formulated; (2) working with 
Santa Barbara County and private landowners to establish a long-term 
monitoring program and protected status for D. increscens ssp. villosa; 
and (3) working with Santa Barbara County and private landowners to 
assure that future impacts to D. increscens ssp. villosa are avoided or 
adequately mitigated (Howald 1989). In their role as the lead 
permitting agency for the California Environmental Quality Act, the 
County has worked with CDFG and the petroleum industry over the past 
decade to develop a strategy to mitigate for impacts to D. increscens 
ssp. villosa resulting from oil and gas activities in the Gaviota area.
    At least two decommissioning efforts will be undertaken in the near 
future in areas where Deinandra increscens ssp. villosa has been found 
within the last 3 years. These include the decommissioning of Texaco's 
Hollister Ranch facility pipelines that stretch from Gaviota west to 
Saint Augustine, and Unocal's production facilities from Point 
Conception east to the Cojo Marine Terminal. The County will be working 
with CDFG, the Service, and the California Coastal Commission to ensure 
appropriate measures are taken to conserve the D. increscens ssp. 
villosa, as well as other federally listed wildlife species that occur 
in these areas. Unocal is proposing to restore disturbed areas and 
contribute towards CDFG's Gaviota Tarplant Ecological Reserve, which 
was established to compensate for impacts resulting from previous oil 
and gas activities along the Gaviota Coast (Padre Associates 2002).

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Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Act (16 U.S.C. 1531 et seq.), which directed the Secretary of the 
Smithsonian Institution to prepare a report on those plants considered 
to be threatened, endangered, or extinct in the United States. This 
report (House Document No. 94-51) was presented to Congress on January 
9, 1975, and included Eriodictyon capitatum as endangered. We published 
a notice in the July 1, 1975, Federal Register (40 FR 27823) of our 
acceptance of the Smithsonian Institution report as a petition within 
the context of section 4(c)(2) (petition provisions are now found in 
section 4(b)(3)) of the Act), and our intention to review the status of 
the plant species named therein.
    On June 16, 1976, we published a proposal in the Federal Register 
(41 FR 24523) to determine approximately 1,700 vascular plant species 
to be endangered species pursuant to section 4 of the Act. Eriodictyon 
capitatum was included in that Federal Register publication. Comments 
received in relation to the 1976 proposal were summarized in an April 
26, 1978, Federal Register publication (43 FR 17909). The Endangered 
Species Act Amendments of 1978 required that all proposals more than 
two years old be withdrawn. A one-year grace period was given to those 
proposals already more than 2 years old. On December 10, 1979 (44 FR 
70796), we published a notice of withdrawal of the June 16, 1976, 
proposal along with four other proposals that had expired.
    We published an updated Notice of Review (NOR) for plants on 
December 15, 1980 (45 FR 82480). This notice included Eriodictyon 
capitatum as category 1 candidate species. Category 1 candidates were 
those species for which we had on file substantial information on 
biological vulnerability and threats to support preparation of listing 
proposals, but issuance of the proposed rule was precluded by other 
pending listing activities of higher priority.
    The NOR for plants was revised on September 27, 1985 (50 FR 39526). 
In this notice, Eriodictyon capitatum was again included as a category 
1 candidate. On February 21, 1990 (55 FR 6184), and September 30, 1993 
(58 FR 51144), revised NORs were published that included E. capitatum 
and Deinandra increscens ssp. villosa as category 1 candidates. On 
February 28, 1996, the NOR for Plant and Animal Taxa that are 
Candidates for Listing as Endangered or Threatened Species (61 FR 7596) 
included as candidates only those species meeting the former definition 
of category 1, and included E. capitatum and D. increscens ssp. 
villosa.
    A proposed rule to list Eriodictyon capitatum and Deinandra 
increscens ssp. villosa, along with Cirsium loncholepis and Lupinus 
nipomensis (Nipomo mesa lupine), as endangered was published in the 
Federal Register on March 30, 1998 (63 FR 15164). The final rule 
listing C. loncholepis, E. capitatum, D. increscens ssp. villosa, and 
L. nipomensis as endangered species was published on March 20, 2000 (65 
FR 14888).
    Section 4(a)(3) of the Act, as amended, and our implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. Our 
regulations (50 CFR 424.12(a)(1)) state that designation of critical 
habitat is not prudent when one or both of the following situations 
exist: (1) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species. At the time Eriodictyon 
capitatum and Deinandra increscens ssp. villosa were listed, we found 
that designation of critical habitat for these taxa was prudent but not 
determinable, and that designation of critical habitat would occur once 
we had gathered the necessary data.
    On June 17, 1999, our failure to issue final rules for listing 
Eriodictyon capitatum and Deinandra increscens ssp. villosa and seven 
other plant species as endangered or threatened, and our failure to 
make a final critical habitat determination for the nine species, was 
challenged in Southwest Center for Biological Diversity and California 
Native Plant Society v. U.S. Fish and Wildlife Service et al. (Case No. 
C99-2992 (N.D.Cal.)). On May 22, 2000, the judge signed an order for us 
to propose critical habitat for the species by September 30, 2001 and 
to make a final critical habitat designation by May 1, 2002. In mid-
September 2001, plaintiffs agreed to a brief extension of this due date 
until October 19, 2001. Subsequently, the parties agreed to extend the 
date by which a proposal of critical habitat was to be submitted for 
publication to November 2, 2001, and the final critical habitat 
designation submitted for publication on or before October 25, 2002.
    The proposed rule to designate critical habitat for the species was 
signed on November 2, 2001, and sent to the Federal Register. It was 
published on November 15, 2001 (66 FR 57559). In the proposal, we 
proposed to designate approximately 27,046 ha (66,830 ac) of land in 
Santa Barbara and San Luis Obispo Counties as critical habitat for 
Cirsium loncholepis, Eriodictyon capitatum, and Deinandra increscens 
ssp. villosa. Publication of the proposed rule opened a 60-day public 
comment period, which closed on January 14, 2002.
    On May 7, 2002, we published a notice announcing the reopening of 
the comment period on the proposal to designate critical habitat for 
Cirsium loncholepis, Eriodictyon capitatum, and Deinandra increscens 
ssp. villosa, and a notice of availability of the draft economic 
analysis on the proposed determination (67 FR 30641). This second 
public comment period closed on June 6, 2002.
    In August 2002, we agreed through a joint stipulation with the 
plaintiffs (Southwest Center for Biological Diversity and California 
Native Plant Society) to extend the deadline by which the Service shall 
submit for publication the final rule for Cirsium loncholepis critical 
habitat to October 25, 2003. Please refer to the Background section of 
this rule for more information regarding C. loncholepis taxonomic 
issues.

Summary of Comments and Recommendations

    We contacted appropriate Federal, State, and local agencies, 
scientific organizations, and other interested parties and invited them 
to comment on the proposal to designate critical habitat for Cirsium 
loncholepis, Eriodictyon capitatum, and Deinandra increscens ssp. 
villosa. In addition, we invited public comment through the publication 
of a notice in the San Luis Obispo Tribune on November 18, 2001, and 
the Santa Barbara News-Press on November 27, 2001.
    We received individually written letters from 11 parties, which 
included 4 designated peer reviewers, 1 Federal agency, and 1 State 
agency. Of the 11 parties responding individually, 6 supported the 
proposed designation, 3 were neutral, and 2 were opposed.
    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

[[Page 67972]]

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 peer reviewers and the 
public for substantive issues and new information regarding critical 
habitat and Cirsium loncholepis, Eriodictyon capitatum, and Deinandra 
increscens ssp. villosa. Comments regarding E. capitatum and D. 
increscens ssp. villosa critical habitat are addressed in the summary 
below. We also addressed the peer review comment relating to the 
uncertainty in taxonomic status of C. loncholepis. However, we do not 
include comments on C. loncholepis critical habitat because of the 
removal of this species from this final designation of critical habitat 
for the three taxa.
    Similar comments were grouped according to peer review or public 
comments into three general issues relating specifically to the 
proposed critical habitat determination. We did not receive any 
comments on the draft economic analysis of the proposed determination. 
However, we did receive one comment on economic issues during the first 
comment period on the proposed designation.

Peer Review Comments

    (1) Comment: One reviewer suggested that we delay publication of a 
final rule for Cirsium loncholepis pending the determination of its 
taxonomic status. Recent research on C. loncholepis raises significant 
questions regarding the taxonomy of the species.
    Our Response: We acknowledge the uncertainty in the taxonomy of 
Cirsium loncholepis. We concur that the publication of a final rule for 
C. loncholepis critical habitat should be delayed until the results of 
further research can direct future action relating to the status of the 
species. Please refer to the Background section of this rule for 
information regarding the study of the taxonomic relationship between 
C. loncholepis and C. scariosum.
    We discussed with the plaintiffs, the Center for Biological 
Diversity and CNPS, appropriate action on the critical habitat 
designation given the questions raised by the recent review of Cirsium 
loncholepis taxonomy. We agreed, through a joint stipulation with the 
plaintiffs, to a one-year extension to the date by which a final rule 
for C. loncholepis critical habitat must be submitted for publication.
    (2) Comment: One peer reviewer recommended that we include all 
apparently suitable unoccupied habitat within the range of the species 
in our critical habitat designation. The reviewer stated that it is 
unclear from the proposed rule how many unoccupied areas or unsurveyed 
areas within the historical range of these taxa have been excluded from 
the proposed rule. Including these areas would improve the chances for 
recovery by increasing the habitat that would be protected and thus 
available for colonization.
    Our Response: We acknowledge that all areas within the historical 
range of Deinandra increscens ssp. villosa and Eriodictyon capitatum 
have not been surveyed. It is possible that suitable habitat for the 
two taxa exists but remains unidentified. While additional surveys 
would help in further defining the distribution of these taxa, we are 
required to designate those areas we know to be critical habitat, using 
the best information available to us. We included in our critical 
habitat designation areas that we know contain the soil types and 
vegetation communities necessary to support D. increscens ssp. villosa 
and E. capitatum and that are contiguous with known locations of these 
taxa.
    We agree that future conservation of the species depends not only 
on the areas that it currently occupies, but also on providing the 
opportunity for it to shift in distribution over time, and to expand 
its current distribution. We have addressed this by designating as 
critical habitat the areas that surround existing populations and that 
contain the primary constituent elements. This is particularly 
important for annual plant species such as Deinandra increscens ssp. 
villosa, whose populations of observable plants fluctuate in extent 
from year-to-year. The number and location of standing plants (i.e., 
above-ground expression) in a population varies annually due to a 
number of factors, including the amount and timing of rainfall, 
temperature, soil conditions, and the extent and nature of the 
seedbank.
    Within the geographic area occupied by the species, we designate 
only areas currently known to be essential. Essential areas already 
have the features and habitat characteristics that are necessary to 
sustain the species. We do not speculate about what areas might be 
found to be essential if better information became available, or what 
areas may become essential over time. If the information available at 
the time of designation did not show that an area provides essential 
life cycle needs of the species, then the area was not included in the 
critical habitat designation. Within the geographic area occupied by 
the species, we do not designate areas that do not now have the primary 
constituent elements, as defined at 50 CFR 424.12(b), which provide 
essential life cycle needs of the species.
    We recognize that designation of critical habitat may not include 
all of the habitat areas that may eventually be determined to be 
necessary for the recovery of the species. Critical habitat 
designations do not signal that habitat outside the designation is 
unimportant or not required for recovery. Areas outside the critical 
habitat designation continue to be subject to the regulatory 
protections afforded by section 7 and the applicable prohibitions of 
section 9 of the Act, as determined on the basis of the best available 
information at the time of the action.
    (3) Comment: A peer reviewer noted that the information on which 
the designation of Deinandra increscens ssp. villosa was based was not 
as complete as the information used for Eriodictyon capitatum. The list 
of sites visited for development of the proposed rule did not 
explicitly include any for D. increscens ssp. villosa. Since Dr. Bruce 
Baldwin and his colleagues are working on the taxonomic revision of the 
subspecies, they may possess additional information on the presence of 
Deinandra in other locations.
    Our Response: We have incorporated all available information on the 
Deinandra increscens ssp. villosa localities in our critical habitat 
designation. Most of the distribution information on D. increscens ssp. 
villosa is a result of findings from within the past 5 years. During 
the development of this rule, we visited Gaviota State Beach (within 
Gaviota-Point Conception unit), and the Point Arguello and Sudden Peak 
units at Vandenberg, as we mention in the methods section of this rule. 
We also contacted Dr. Bruce Baldwin of the Jepson Herbarium and 
Department of Integrative Biology (University of California at 
Berkeley), who is investigating relationships within D. increscens and 
the classification of the currently recognized subspecies, including D. 
increscens ssp. villosa. In conjunction with this work, he has not 
discovered any information on additional localities of D. increscens 
ssp. villosa (Dr. Bruce Baldwin, pers. comm., 2002). Dr. Baldwin and 
his colleagues hope to visit sites within the known range of the taxon 
in the summer of 2002 to acquire additional samples for the purpose of 
investigating fine-scale diversity within D. increscens (B. Baldwin, in 
litt., 2002).
    While additional surveys would help in further defining the 
distribution of the taxon, we are required to designate those areas we 
know to be critical habitat, using the best information available to 
us. Due to time constraints

[[Page 67973]]

inherent in the critical habitat process, we may not have the 
information necessary at the time of designation to identify all areas 
that are essential for the conservation of the species. As the reviewer 
commented, we have acknowledged that there are gaps in what is known 
about the distribution and abundance of the taxon by stating that 
additional habitat outside the designated areas may later be discovered 
to be critical for the recovery of the species.

Public Comments

Issue 1: Biological Justification and Methodology

    (4) Comment: One commenter stated that designation of critical 
habitat for Deinandra increscens ssp. villosa is premature until there 
is more definitive information on the habitats on which this taxon is 
likely to occur; the subspecies has been found recently in several 
distinct habitats.
    Our Response: Most of the distribution information on Deinandra 
increscens ssp. villosa is a result of findings from within the past 5 
years. D. increscens ssp. villosa occurs in grasslands and openings in 
coastal sage scrub. We have taken into account that this taxon is an 
annual species with a soil seed bank that likely covers a larger area 
than the extent of observable plants seen in a given year. Therefore, 
it is reasonable to assume that the entire spatial distribution of all 
populations has not been mapped.
    When we designate critical habitat we are required to use the best 
available information. This final critical habitat designation is based 
on our best assessment at this time of the areas that are needed for 
the conservation of the taxon. We have encompassed those areas we 
believe provide some or all of the habitat components that are 
currently known to be essential for the conservation of Deinandra 
increscens ssp. villosa.

Issue 2: Site-Specific Areas and Other Comments

    (5) Comment: We received a comment that designation of critical 
habitat for Eriodictyon capitatum on Vandenberg Air Force Base would 
not provide any additional benefit for the species. Protection of areas 
beyond the limits of the existing populations on Vandenberg is not 
essential to the conservation of the species because expansion or 
creation of new populations is not likely, considering the ecology of 
the species.
    Our Response: Existing populations of Eriodictyon capitatum may 
expand into adjacent areas through continued vegetative spread, as well 
as through seed germination following fire (see the Background section 
for more information on the species). We determined that the 
populations of E. capitatum on Vandenberg are important and that 
habitat adjacent to the existing populations is essential to the 
conservation of the species. However, we are excluding Vandenberg Air 
Force Base from the final designation of critical habitat because the 
Air Force has committed to include long-term conservation measures and 
adaptive management for Eriodictyon capitatum in their INRMP. We have 
determined that lands on Vandenberg Air Force Base should be excluded 
under subsection 4(b)(2) of the Act because the benefits of exclusion 
outweigh the benefits of inclusion and will not cause the extinction of 
the species. See the section entitled ``Relationship of Critical 
Habitat to Military Lands'' for further information.
    (6) Comment: Arguello, Inc. (Arguello) requested exclusion of its 
oil and gas facilities from the Conception-Gaviota Unit of Deinandra 
increscens ssp. villosa critical habitat. Specifically, Arguello 
requested exclusion of its Gaviota Facility until such time as it is 
removed and the site restored. Arguello also requested exemption for 
maintenance and repair activities to crude oil and natural gas 
pipelines and their associated right of way (ROW). In situations where 
Arguello would need a section 404 authorization from the U.S. Army 
Corps of Engineers (Corps), any additional consultation requirements to 
address critical habitat would result in a three to four month delay in 
completing urgent and/or critical maintenance and repairs of the 
Gaviota Facility, pipelines, and associated ROW.
    Our Response: Industrial sites that are paved and developed, such 
as the Gaviota Facility, would not contain the primary constituent 
elements and therefore, are not considered critical habitat. Due to 
mapping and time constraints, we did not map critical habitat in 
sufficient detail to exclude all developed areas that lack the primary 
constituent elements essential for the conservation of these taxa, but 
such areas that remain within the mapped units are not considered 
critical habitat. Federal activities limited to paved and developed 
areas would not trigger a section 7 consultation unless they affect the 
species or primary constituent elements in adjacent critical habitat.
    While the developed site itself may not currently be considered 
critical habitat, the area within which Aruguello's facilities is 
located is essential to the conservation of Deinandra increscens ssp. 
villosa. The Conception-Gaviota Unit supports most of the known 
populations of D. increscens ssp. villosa that occur along the 
immediate coast. Arguello's Gaviota Facility is within the area of the 
historical Gaviota population, which was once large but is currently in 
decline; D. increscens ssp. villosa was first collected from the 
Gaviota area in 1902. The pipelines and ROW stretch along the portion 
of the Gaviota coastline that currently supports the taxon. The unit is 
essential because it encompasses multiple populations that occur on 
marine terraces supporting coastal grasslands, as well as intervening 
suitable habitat that is important for the expansion of existing 
populations, and maintenance of connectivity for pollinators and 
dispersal between these populations. Therefore, we have determined that 
the conservation of the entire Conception-Gaviota critical habitat unit 
is necessary to the conservation of the species. We did not exclude 
Arguello's Gaviota Facility or pipeline ROW from the final designation, 
although paved and developed areas are excluded by definition from the 
designation.
    For ongoing pipeline maintenance activities that require Corps 
permits or other Federal authorization, consultation requirements under 
the Act can be addressed through a programmatic biological opinion. In 
the event that emergency repair or maintenance of the Gaviota Facility, 
pipelines and associated ROW is necessary, regulations for section 7 
provide a modified consultation procedure allowing us to respond in an 
expedited manner if consultation on Deinandra increscens ssp. villosa 
or its critical habitat is needed (50 CFR 402.05). This procedure 
allows emergency consultation to occur through informal means (e.g., a 
telephone call) and, therefore, promotes rapid responses to emergency 
situations. The emergency consultation provision applies to situations 
involving acts of God, disasters, casualties, national defense or 
security emergencies, etc. (50 CFR 402.05).
    (7) Comment: California Department of Transportation (Caltrans) 
requested an exclusion of areas within the Caltrans operating ROW in 
several, unspecified units of critical habitat for Eriodictyon 
capitatum and Deinandra increscens ssp. villosa, where they overlap 
with the transportation system of California. Caltrans requested an 
exclusion to reduce the need for habitat effects determinations for the 
taxa where routine disturbance occurs as a

[[Page 67974]]

result of regular maintenance and operational improvements.
    Our Response: In the region covered by this critical habitat 
designation, State and Federal roads appear to be within the 
Conception-Gaviota unit of Deinandra increscens ssp. villosa. Within 
this unit, the majority of the documented occurrences of the taxon are 
north and south of Highway 101 along a narrow coastal terrace; we have 
determined that the coastal terrace is essential for the conservation 
of the species.
    We are not including roads that border the critical habitat units 
in our designation. For this final rule, we adjusted unit boundaries to 
exclude roads whenever possible. However, due to mapping and time 
constraints, we did not map critical habitat in sufficient detail to 
exclude all roads, although these would not contain the primary 
constituent elements essential for the conservation of Eriodictyon 
capitatum and Deinandra increscens ssp. villosa. Federal activities 
limited to roads and other paved or gravelled areas would not trigger a 
section 7 consultation unless they affect the species or one or more of 
the primary constituent elements in adjacent critical habitat. To 
streamline the regulatory process, Caltrans may request section 7 
consultation at a programmatic level for ongoing activities that would 
result in adverse effects to the taxon or its critical habitat.

Issue 3: Economic Issues

    (8) Comment: We received one comment recommending that we use the 
contingent valuation method (CVM) to determine the hypothetical non-use 
values for Eriodictyon capitatum and Deinandra increscens ssp. villosa 
and their habitats that comprise this rulemaking.
    Our Response: Some economists recognize that in addition to a ``use 
value'' that society places on natural resources these goods may also 
exhibit a ``non-use value'' by society. For example, while many people 
may elect to visit a public park and ``use'' it for a variety of 
recreational purposes, the presence of this park may provide a variety 
of benefits to additional members of society even though their 
enjoyment may not be directly observable. Certain individuals may also 
derive benefits from the park because of the protection it offers to 
certain natural resources including a diverse ecosystem that harbors 
endangered and threatened species. While these members of society may 
value the park merely for its existence, their behavior is not directly 
observable and thus economists have developed certain tools, including 
the CVM, for measuring these values.
    CVM is an approach used by some economists to directly elicit non-
use values from individuals through the use of carefully designed 
survey instruments. A CVM study will provide respondents with a 
framework wherein they are asked to value the resource given the 
parameters of the framework. For the CVM to work properly, and provide 
meaningful information on non-use values, considerable resources must 
be expended to adequately design and administer this tool. We have not 
employed CVM studies to capture the non-use values certain individuals 
may place on critical habitat designation.

Summary of Changes From the Proposed Rule

    In preparation for development of our final designation of critical 
habitat for Eriodictyon capitatum and Deinandra increscens ssp. 
villosa, we reviewed comments received on the proposed designation of 
critical habitat. Other than minor clarifications and incorporation of 
additional information on the species' biology, we made three changes 
to our proposed designation, as follows:
    (1) For Eriodictyon capitatum, we shortened the list of the primary 
constituent elements from three to two elements. We removed the third 
primary constituent element (habitat directly adjacent upslope and 
downslope from known populations, as this species appears to spread 
primarily through vegetative reproduction) because it did not add any 
additional value or purpose in defining critical habitat. We determined 
that the two primary constituent elements adequately captured the 
habitat features necessary for the conservation of the species.
    (2) We deleted one of the units of Eriodictyon capitatum and two 
units of Deinandra increscens ssp. villosa proposed critical habitat. 
These units are comprised entirely of lands under the Federal 
jurisdiction of Vandenberg Air Force Base. In addition, we modified 
boundaries to exclude portions of the Sudden Peak and Conception-
Gaviota Units of Deinandra increscens ssp. villosa critical habitat 
that consisted of lands on Vandenberg Air Force Base. The Sudden Peak 
Unit of Deinandra increscens ssp. villosa critical habitat was reduced 
from 694 ha (1,715 ac) in the proposed rule to 320 ha (791 ac) in the 
final designation. The Conception-Gaviota Unit of Deinandra increscens 
ssp. villosa critical habitat was reduced from 3,668 ha (9,115 ac) in 
the proposed rule to 3,176 ha (7,848 ac) in the final designation.
    In total, the removal of lands on Vandenberg resulted in a 
reduction of 2,126 ha (5,253 ac), approximately 23 percent of the area 
that had been proposed as Eriodictyon capitatum and Deinandra 
increscens ssp. villosa critical habitat. The reasons for excluding 
Vandenberg from this final critical habitat designation are discussed 
in the section entitled ``Relationship of Critical Habitat to Military 
Lands''.
    (3) We modified the boundaries of one unit of Eriodictyon capitatum 
(Solomon Hills) and one unit of Deinandra increscens ssp. villosa 
(Santa Ynez) critical habitat due to the availability of better mapping 
resources and additional information received during the development of 
the final rule. In total, these modifications resulted in a reduction 
of 467 ha (1,152 ac), approximately 5 percent of the area proposed as 
critical habitat for Eriodictyon capitatum and Deinandra increscens 
ssp. villosa.
    The new boundary lines were drawn within the boundaries previously 
defined; in no case was the new boundary line drawn outside of that 
described in the legal description for the units in the proposed 
designation. The purpose of these changes was to exclude areas that do 
not appear to contain the primary constituent elements, and for which 
we were unable to draw more precise boundaries at the time of the 
proposed designation. New information provided during the preparation 
of the final rule, along with recently acquired high resolution aerial 
photographs dating from April 2000, enabled us to undertake the more 
precise mapping. We received maps of vegetation within the Santa Ynez, 
Santa Ynez Mountains, and Conception-Gaviota Units from the Hollister 
Ranch Conservancy, and information from the Nuevo Energy Company 
regarding the Solomon Hills Unit. We found it appropriate to modify 
boundaries of the Solomon Hills and Santa Ynez Unit, upon consideration 
of the new information and high resolution aerial photographs, as 
described below
    (1) The Solomon Hills Unit of Eriodictyon capitatum critical 
habitat was reduced from 1,311 ha (3,239 ac) in the proposed rule to 
906 ha (2,239 ac) in the final designation. According to high 
resolution aerial photography and communication with representatives of 
Nuevo Energy Company, portions of the low-lying areas are characterized 
primarily by grassland that do not contain vegetation associated with 
E. capitatum.
    (2) The Santa Ynez Unit of Deinandra increscens ssp. villosa 
critical habitat was reduced from 495 ha (1,222 ac) in

[[Page 67975]]

the proposed rule to 433 ha (1,070 ac) in the final designation. Using 
vegetation maps from Hollister Ranch Conservancy and aerial 
photography, we modified the western boundary of the unit to exclude a 
portion that appears to be dominated by chaparral and oak woodland 
vegetation communities.

Critical Habitat

    Section 3 of the Act defines critical habitat 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'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat that with regard to actions authorized, funded, or 
carried out by a Federal agency. Section 7 of the Act also requires 
conferences on Federal actions that are likely to result in the 
destruction or adverse modification of proposed critical habitat. Aside 
from the added protection that may be provided under section 7, the Act 
does not provide other forms of protection to lands designated as 
critical habitat. Because consultation under section 7 of the Act does 
not apply to activities on private or other non-Federal lands that do 
not involve a Federal nexus, critical habitat designation would not 
afford any additional regulatory protections under the Act against such 
activities.
    Critical habitat also provides non-regulatory benefits to the 
species by informing the public and private sectors of areas that are 
important for species recovery and where conservation actions would be 
most effective. Designation of critical habitat can help focus 
conservation activities for a listed species by identifying areas that 
contain the physical and biological features essential for the 
conservation of that species, and can alert the public as well as land-
managing agencies to the importance of those areas. Critical habitat 
also identifies areas that may require special management 
considerations or protection, and may help provide protection to areas 
where significant threats to the species have been identified, by 
helping people to avoid causing accidental damage to such areas.
    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 
are essential to the conservation of the species. Section 3(5)(C) of 
the Act states that not all areas that can be occupied by a species 
should be designated as critical habitat except in those circumstances 
determined by the Secretary. Our regulations (50 CFR 424.12(e)) also 
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.''
    Section 4(b)(2) of the Act requires that we take into consideration 
the economic impact, and any other relevant impact, of specifying any 
particular area as critical habitat. We may exclude areas from critical 
habitat designation when the benefits of exclusion outweigh the 
benefits of including the areas within critical habitat, provided the 
exclusion will not result in extinction of 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 
or other unpublished materials.
    Section 4 of the Act requires that we designate critical habitat 
based on what we know at the time of designation. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, it is 
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 applicable prohibitions of section 9 of the Act, as 
determined on the basis of the best available information at the time 
of the action. 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 and commercial data available to 
determine areas that contain the physical and biological features that 
are essential for the conservation of Eriodictyon capitatum and 
Deinandra increscens ssp. villosa. This information included 
information from the CNDDB (2001), soil survey maps (U.S. Soil 
Conservation Service 1972, 1981), aerial photography, recent biological 
surveys and reports, additional information provided by interested 
parties, and discussions with representatives of CDFG, the County of 
Santa Barbara Planning Department, and botanical experts. We also 
conducted site visits at several locations managed by local, State or 
Federal agencies, including Vandenberg Air Force Base and Gaviota State 
Beach. We also visited the Solomon Hills site, which is owned by Nuevo 
Energy Company.
    The proposed critical habitat units for Eriodictyon capitatum and 
Deinandra increscens ssp. villosa were delineated by creating data 
layers in a geographic information system (GIS) format of the areas of 
known occurrences of the two taxa using the information sources

[[Page 67976]]

described above and aerial photographs available through TerraServer 
(http://terraserver.homeadvisor.msn.com). 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, where necessary, township, range, and section numbers from the 
public land survey.
    For the final rule, we then modified the boundaries of proposed 
critical habitat using recent aerial imagery dated from April 2000 
(AirPhoto USA), and additional maps of vegetation submitted by the 
Hollister Ranch Conservancy. The boundaries of the final critical 
habitat units are defined by Universal Transverse Mercator (UTM).

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.
    All areas designated as critical habitat for Eriodictyon capitatum 
and Deinandra increscens ssp. villosa are within each species' historic 
range and contain one or more of the physical or biological features 
(primary constituent elements) identified as essential for the 
conservation of each taxon. Much of what is known about the specific 
physical and biological requirements of E. capitatum and D. increscens 
ssp. villosa is described in the Background section of this final rule.
    The designated critical habitat, combined with those areas located 
on Vandenberg Air Force Base that are critical to the species' survival 
but were excluded from the final designation, is intended to provide 
sufficient habitat to maintain self-sustaining populations of 
Eriodictyon capitatum and Deinandra increscens ssp. villosa throughout 
each species' range, and provide those habitat components essential for 
the conservation of each taxon. Habitat components that are essential 
for E. capitatum are found in vegetation communities classified as 
maritime chaparral and in southern bishop pine forests that intergrade 
with chaparral where physical processes, such as occasional dry-season 
fires, support patch dynamics within the pine forest and chaparral 
communities. Habitat components that are essential for D. increscens 
ssp. villosa are found in needlegrass grassland and coastal sage scrub 
communities with a clay layer found below the sandy soil surface.

Eriodictyon capitatum

    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Eriodictyon capitatum consist of:
    (1) Soils with a large component of sand and that tend to be 
acidic; and
    (2) Plant communities that support associated species, including 
maritime chaparral, particularly where the following associated species 
are found: Dendromecon rigida (bush poppy), Quercus berberidifolia 
(California scrub oak), Quercus parvula (Santa Cruz Island oak), and 
Ceanothus cuneatus (buck brush); and in southern bishop pine forests 
that intergrade with chaparral Arctostaphylos spp. (manzanita) and 
Salvia mellifera (black sage).

Deinandra increscens ssp.villosa

    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Deinandra increscens ssp. villosa are:
    (1) Sandy soils associated with coastal terraces adjacent to the 
coast or uplifted marine sediments at interior sites up to 5.6 km (3.5 
mi) inland from the coast; and
    (2) Plant communities that support associated species, including 
needlegrass grassland and coastal sage scrub communities, particularly 
where the following associated species are found: needlegrass species 
(Nassella spp.), California sagebrush (Artemisia californica), coyote 
bush (Baccharis pilularis), sawtooth golden bush (Hazardia squarrosa), 
and California buckwheat (Eriogonum fasciculatum).

Special Management Considerations or Protections

    Special management considerations or protections may be needed to 
maintain the primary constituent elements for the two taxa within the 
units being designated as critical habitat. In some cases, protection 
of existing habitat and current ecological processes may be sufficient 
to ensure that populations of the plants are maintained at those sites, 
and have the ability to reproduce and disperse in surrounding habitat. 
In other cases, however, active management may be needed to maintain 
the primary constituent elements for the two taxa. We have outlined 
below the kinds of special management and protection that these two 
taxa would most likely require. These recommendations for management 
and protection are general in nature. Specific management actions 
should be developed according to local site conditions. Not all of 
these will apply to each plant taxon equally.
    (1) Existing soil conditions should be protected by avoiding 
activities that cause the erosion or compaction of soils. Maintaining 
an intact soil profile may be necessary to maintain edaphic features 
such as a horizon of permeable sandy soils on the surface layer. For 
example, Deinandra increscens ssp. villosa is thought to be restricted 
to acidic, fine sandy loams with a subsurface clay layer that may act 
as a reservoir of soil moisture.
    (2) Existing hydrologic conditions should be protected by avoiding 
activities that cause a change in surface or subsurface water flows 
upon which the plant taxa depend. For example, development of areas 
adjacent to a population may result in an increase in runoff and 
surface water flow. This alteration may affect the soil moisture 
content to which the local population has adapted.
    (3) In all plant communities where these taxa occur, invasive, non-
native species, such as harding grass (Phalaris aquaticus), veldt grass 
(Ehrharta calycina), and iceplant (Carpobrotus edulis), should be 
actively managed. Invasive non-natives pose a serious threat to the 
survival of Deinandra increscens ssp. villosa and Eriodictyon capitatum 
and remaining habitat of the taxa. For example, accumulated dead leaves 
and stems (thatch) from non-native grass species that dominate the 
habitat effectively prevent the establishment of D. increscens ssp. 
villosa at a site. Iceplant is known to invade native maritime 
chaparral vegetation occupied by Eriodictyon capitatum. Once non-native 
grasses and other invasive plants (e.g., iceplant) have become 
established, they cannot be removed without great expenditure of time 
and effort.
    (4) The composition of the native plant and animal communities 
associated with the taxa must be maintained. Native plant diversity may 
limit the ability of aggressive non-native plants to invade a 
population (Dukes 2002). In addition, a decline in biodiversity may 
increase the potential impact of invasive plants on a

[[Page 67977]]

community (e.g., suppression of growth). Recent research suggests that 
grassland communities with fewer species may be more likely to decline 
as a consequence of invasion (Dukes 2001). In addition, native plant 
diversity may increase pollinator activity and therefore enhance the 
conservation of a plant species. Biologists have suggested that a plant 
population may persist as long as it occurs within an area of a 
diversity of plant species that are attractive to pollinators (Kwak 
1988). Habitat fragmentation and isolation of species-rich grasslands, 
with intervening areas of no or low diversity of native plants, has 
been found to negatively affect plant-pollinator interactions 
(Stephann-Dewenter and Tscharntke 1999).
    (5) The local distribution of plant communities should be managed 
to provide for the physical requirements of the taxa (e.g., space for 
establishment). For some grassland areas, it may be important to 
maintain openings within or between coastal scrub communities that 
might otherwise encroach upon grassland patches that support Deinandra 
increscens ssp. villosa.
    (6) Certain areas where these taxa occur may need fencing to 
protect them from accidental or intentional trampling by humans and 
livestock. Portions of three of the five units are currently used by 
livestock.

Criteria Used To Identify Critical Habitat

    Throughout this designation, when 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 
Eriodictyon capitatum and Deinandra increscens ssp. villosa. 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 E. capitatum and 
D. increscens ssp. villosa. 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 adjacent designated critical habitat (e.g. certain 
actions may affect the species or its critical habitat in an adjacent 
area).
    During the development of this rule, we considered the role of 
unoccupied habitat in the conservation of Eriodictyon capitatum and 
Deinandra increscens ssp. villosa. Due to the historic loss of the 
habitats that supported the two taxa, we believe that future 
conservation and recovery of these taxa depends not only on protecting 
them in the limited areas that they currently occupy, but also on 
providing the opportunity to expand their distribution by protecting 
currently unoccupied habitat that contains the necessary primary 
constituent elements within their historic ranges.
    Portions of the critical habitat units designated for Deinandra 
increscens ssp. villosa include areas that are currently unoccupied by 
the taxon. Determining the specific areas that this taxon occupies is 
difficult for several reasons: (1) The methods for mapping the current 
distribution of D. increscens ssp. villosa can be variable, depending 
on the scale at which groups of individuals are recorded (e.g., many 
small groups versus one large group); and (2) depending on the climate 
and other annual variations in habitat conditions, the extent of the 
above-ground distributions may either shrink and temporarily disappear, 
or, as a residual soil seed bank is expressed, enlarge and cover a more 
extensive area. Therefore, the inclusion of currently unoccupied 
habitat interspersed with patches of occupied habitat in the critical 
habitat units reflects the essential conservation needs of this 
species, the dynamic nature of the habitat, and the life history 
characteristics of this taxon.
    When designating critical habitat, we assess whether the areas 
determined to be essential for conservation may require special 
management considerations or protections. We considered the status of 
habitat conservation plan (HCP) efforts during the development of this 
rule. As discussed in the section entitled ``Relationship to Habitat 
Conservation Plans'', we may exclude HCPs from critical habitat 
designation if the benefits of excluding them would outweigh the 
benefits of including them. Currently, there are no HCPs that include 
Eriodictyon capitatum or Deinandra increscens ssp. villosa as covered 
species.
    If we determine that essential areas on military lands do not 
require special management considerations or protections, we may be 
able to exclude them from critical habitat, as discussed in the section 
entitled ``Relationship of Critical Habitat to Military Lands.'' The 
Air Force has developed a Draft Integrated Natural Resources Management 
Plan (INRMP) for Vandenberg. Although measures to provide for the 
conservation of Eriodictyon capitatum or Deinandra increscens ssp. 
villosa are not currently included in the draft INRMP, the Air Force 
has committed to incorporate into their INRMP, and implement, specific 
measures that will address the conservation of these species and their 
habitat where they occur on Vandenberg. Based on this commitment, we 
have, therefore, determined that lands on Vandenberg Air Force Base 
should be excluded under subsection 4(b)(2) of the Act because the 
benefits of exclusion outweigh the benefits inclusion and will not 
cause the extinction of the species. For this reason, we are excluding 
from the designated critical habitat those proposed units and portions 
of proposed units that were located on Vandenberg. This is discussed in 
greater detail in the section on military lands referred to above.
    We also evaluated areas that may be in need of special management 
considerations or protections in the context of a recovery strategy and 
broader regional planning efforts. Because Deinandra increscens ssp. 
villosa and Eriodictyon capitatum were federally listed in the year 
2000, we have not yet developed recovery plans for these taxa. 
Eriodictyon capitatum has been State-listed since 1979 and D. 
increscens ssp. villosa has been State-listed since 1990. Therefore, 
the conservation needs of these taxa have been considered during the 
review of individual projects by the County of Santa Barbara, as lead 
California Environmental Quality Act agency, and CDFG. Numerous 
initiatives and planning efforts, described below, all recognize the 
significance and sensitivity of the coastal habitats and biological 
resources along this portion of the central California coast that 
supports the two taxa. These local and regional projects aid in 
identifying essential areas that are in need of special management or 
protection. Ongoing conservation planning efforts may also provide the 
opportunity to develop more focused management plans that would ensure 
that the essential areas for E. capitatum and D. increscens ssp. 
villosa are adequately protected.
    Certain areas, such as the Gaviota Coast, have been the target of 
broader planning efforts due to the development and operation of oil 
and gas facilities and pipelines in environmentally sensitive areas. 
The Gaviota Coast constitutes one of the critical habitat units for 
Deinandra increscens ssp. villosa. This taxon overlaps in large part

[[Page 67978]]

with the South Coast Consolidation Planning Area, which is a 
designation conferred by the SBPDED. The South Coast Consolidation 
Planning Area is where multiple oil and gas facilities already exist 
and additional oil and gas production and processing could occur 
(SBPDED 1982). The South Coast Consolidation Planning Area designation 
concentrates the establishment and operation of oil and gas facilities 
into two areas, one of which is near the historic D. increscens ssp. 
villosa Gaviota location.
    As mitigation for the development of its oil and gas facilities in 
this area, All-American Pipeline and Chevron provided for the 
establishment of the Gaviota Tarplant Reserve as a mitigation bank in 
its Mitigation and Management Plan (AAPC, in litt., 1993; AAPC 1995; K. 
Rindlaub, in litt., 1996). Arguello, a subsidiary of All-American and 
the property owner, is in the process of transferring the 35 ha (86 ac) 
parcel to CDFG for the Gaviota Tarplant Reserve. In its mitigation plan 
for the Molino Gas Project, located within the South Coast 
Consolidation Planning Area (described above) along the coast east of 
Gaviota, Molino Energy Company committed to purchase mitigation credits 
and contribute an endowment for the management of the Gaviota Tarplant 
Reserve (K. Rindlaub, in litt., 1996). The Gaviota Tarplant Reserve was 
intended to provide mitigation for oil and gas projects along this 
stretch of the Gaviota coast that historically supported an abundance 
of Deinandra increscens ssp. villosa (M. Meyer, pers. comm., 2002). 
Unocal is proposing to contribute a management endowment for the 
reserve to mitigate for impacts that would result from the 
decommissioning of its Cojo Marine Terminal and Point Conception 
Facilities, located near Government Point along the Gaviota coast 
(Padre Associates 2002). The Gaviota tarplant reserve has been included 
in the designation because there are currently no restrictions on 
public use of this area, and the threat of accidental or intentional 
trampling by humans and livestock to the species still exists.
    The County established Coastal Resource Enhancement Fund (CREF) in 
1987 to help mitigate significant impacts of offshore oil and gas 
development to environmentally sensitive coastal resources, among other 
impacts (SBPDED 2002b). Santa Barbara County has awarded 195 grants for 
a total of $13.3 million from its CREF. Half of these mitigation funds 
have been used to acquire or establish conservation easements on 
coastal properties to protect environmentally sensitive coastal 
habitats. One of the grants from the CREF contributed to the purchase 
of Rancho Arroyo Hondo by the Land Trust of Santa Barbara (SPDED 
2002c). Rancho Arroyo Hondo consists of 316 ha (782 ac) that extend 
from the top of the Santa Ynez Mountains down to the ocean along the 
Gaviota Coast. The boundaries of the ranch follow the ridgelines on 
either side of the canyon, encompassing nearly the entire watershed of 
Arroyo Hondo Creek. This area overlaps with one of the Eriodictyon 
capitatum critical habitat units and one of the Deinandra increscens 
ssp. villosa critical habitat units.

Critical Habitat Designation

    The critical habitat areas described below include one or more of 
the primary constituent elements described above and constitute our 
best assessment at this time of the areas needed for the conservation 
of each of the two taxa. Critical habitat includes habitat throughout 
the species' current range in Santa Barbara County, California. Lands 
designated as critical habitat are under State, local, and private 
ownership. State lands include areas owned and managed by the CDPR and 
the CDFG. Local lands include parks owned by the County of Santa 
Barbara. Private lands include areas that are being managed for 
conservation by private landowners, as well as those that are being 
managed for agriculture, ranchlands, or oil production. We are 
designating critical habitat on lands that are considered essential to 
the conservation of each of the two taxa. Each of the critical habitat 
units is considered to be occupied by either seeds as part of the seed 
bank or standing plants, and contain habitat that includes the specific 
soils, hydrology, and plant communities that are associated with each 
of the two species. Portions within the units may be currently 
unoccupied by the species, but still contain habitat that includes the 
specific soils, hydrology, and plant communities that are associated 
with the species.

Eriodictyon capitatum

    We are designating critical habitat for Eriodictyon capitatum in 
two units encompassing two of the locations currently occupied by the 
species. The areas being designated as critical habitat are in western 
Santa Barbara County and include the appropriate sandy, acidic soils 
and chaparral and southern bishop pine forest habitat that supports E. 
capitatum.
    Protection of each of the locations where Eriodictyon capitatum 
occurs is essential for the conservation of this species to reduce the 
risks inherent in having so few extant populations. The sizes of the E. 
capitatum populations and elevation, coastal influence, and soil type 
vary between the two critical habitat units. Environmental variations 
such as these are important in shaping the phenological (e.g., timing 
of reproduction), morphological (i.e., physical structure and form), 
and physiological adaptations of plant populations to specific 
environments (Clausen et al. 1948; Clausen 1951). For example, 
elevation and distance from the coast influence precipitation and 
average daily temperatures to which a population is subjected, while 
soil type can influence nutrient and water availability. The heritable 
local adaptations that develop as a result of such environmental 
variations reflect genetic variability within the species. Preserving 
this genetic variability in endemic species that allows for adaptation 
to changing climatic and other environmental influences is important to 
improve the likelihood that the species will be able to survive and 
adapt to such future environmental changes (Falk 1992).
    We are designating approximately 2,590 ha (6,401 ac) of land as 
critical habitat for Eriodictyon capitatum. The area that we are 
designating as critical habitat consists entirely of private lands 
(Table 1).

[[Page 67979]]



       Table 1.--Approximate Designated Critical Habitat Unit Areas for Eriodictyon capitatum in Hectares (ha) (Acres (ac)) by Land Ownership \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        County and other
             Unit name                        State                  Private          local  jurisdictions         Federal                 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Solomon Hills......................  0 ha (0 ac)...........  906 ha (2,239 ac).....  0 ha (0 ac)..........  0 ha (0ac)...........  906 ha (2,239 ac).
Santa Ynez Mountains...............  0 ha (0 ac)...........  1,684 ha (4,162 ac)...  0 ha (0 ac)..........  0 ha (0 ac)..........  1,684 ha (4,162 ac).
                                    -------------------------
Total..............................  0 ha (0 ac)...........  2,590 ha (6,401 ac)...  0 ha (0 ac)..........  0 ha (0 ac)..........  2,590 ha (6,401 ac).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Approximate hectares have been converted to acres (1 ha = 2.47 ac).

    The two units of critical habitat for Eriodictyon capitatum support 
populations of the species and contain surrounding habitat essential 
for maintaining the ecological processes that allow the populations and 
the primary constituent elements to persist. Areas within the units 
that are adjacent to, but not currently occupied by E. capitatum, also 
provide habitat for the expansion of existing populations.
    In summary, these critical habitat units support two of the four 
locations of a species endemic to western Santa Barbara County, 
California. They support the ecological associates (e.g. pollinators, 
seed dispersers, mycorhizzal fungi) that maintain the extant 
populations and the primary constituent elements, as well as provide 
space for population expansion that is essential to the conservation of 
the species.
    A brief description of each critical habitat unit is given below:

Solomon Hills Unit

    The Solomon Hills Unit consists of a low hill (locally known as 
Orcutt Hill) located southeast of the community of Orcutt and west of 
Highway 1. This unit encompasses 906 ha (2,239 ac) and is privately 
owned, primarily by a single corporation. Habitat in this unit has been 
dissected by roads, pads, and pipelines associated with oil well 
drilling. This unit is approximately 24 km (15 mi) from the nearest 
Eriodictyon capitatum location to the south at Vandenberg.
    The Solomon Hills Unit includes watersheds from the ridgelines 
downslope to the bottoms of the nearest drainages. Sites on the 
ridgetops have very shallow soils consisting of exposed parent 
material; soils in this unit are unique in that they are excessively 
drained (Arnold sands with a low clay content). The inland location of 
this unit, combined with its well-drained soils, may subject this 
population to warmer, drier, conditions than the other known 
populations. It is likely that the Eriodictyon capitatum population 
here is locally adapted to the conditions unique to this unit. 
Preserving genetic variability in the species that has allowed it to 
adapt to these slightly different environmental influences is important 
to improve the likelihood that the species will be able to survive and 
adapt to future environmental changes (Faulk 1992).
    The unit contains scattered Bishop pine and live oak, along with 
maritime chaparral comprised primarily of Arctostaphylos spp. 
(manzanita) and Salvia mellifera (black sage), which is a habitat type 
that supports Eriodictyon capitatum at only one other location 
(Vandenberg East). This bishop pine-chaparral community type is an 
exceptional biological resource because of the concentration of rare 
plants found within it, including E. capitatum.
    The Eriodictyon capitatum population in this unit has been 
documented to occur along the ridgelines and has recently been observed 
to extend further downslope than previously known (S. Foley, pers. 
comm., 2002). Therefore, it is important to preserve the downslope 
habitat, encompassed within this designation, to allow expansion of the 
existing population.

Santa Ynez Mountains Unit

    The Santa Ynez Mountains Unit consists of an 8 km (5 mi) long 
segment of the Santa Ynez Mountains between the Canada del Coho and 
Arroyo Bullito drainages. This is the larger of the two units, 
encompassing 1,684 ha (4,162 ac), and is privately owned. This unit 
includes several populations of Eriodictyon capitatum scattered among 
Lithocarpus densiflorus (tanbark oak), Quercus agrifolia (live oak), 
and numerous chaparral species. The downslope limit of this unit on its 
south-facing side lies along the shift in vegetation from chaparral at 
the higher elevations to grasslands at the lower elevations. The 
vegetation community in this unit differs in its species composition 
from the other unit. In addition, the soils here are of low 
permeability (high clay content), unlike those at any other location 
that supports E. capitatum. The populations in this unit are likely 
subjected to greater seasonal temperature extremes than the other known 
populations, as they are at the highest elevation (455 m (1500 ft)). In 
addition, very large individuals (7.6 cm (3 in) diameter at base) have 
been documented from this unit that were not found at other locations 
(Melissa Mooney, in litt., 1986).

Deinandra increscens ssp. villosa

    We are designating critical habitat for Deinandra increscens ssp. 
villosa in three units that encompass areas currently known to be 
occupied by the species. The areas being designated as critical habitat 
are in the Santa Ynez Mountains and along the Gaviota coast of western 
Santa Barbara County. They include the appropriate soils and associated 
grassland and coastal sage scrub plant communities that support D. 
increscens ssp. villosa.
    Protection of each of the units where Deinandra increscens ssp. 
villosa occurs is essential for conservation of this species in order 
to reduce the risks inherent in having so few extant populations. The 
three critical habitat units for D. increscens ssp. villosa vary in 
their elevation, coastal influence, and topography. Environmental 
variations such as these are important in shaping the phenological, 
morphological, and physiological adaptations of plant populations to 
specific environments (Clausen et al. 1948; Clausen 1951). For 
instance, elevation and distance from the coast influence the 
precipitation levels and average daily temperatures to which a 
population is subjected. The heritable local adaptations that develop 
as a result of such environmental variations are indicative of genetic 
variability in the species. Preserving this genetic variability in 
endemic species that allows for adaptation to changing climatic and 
other environmental influences is important to improve the likelihood 
that the species will be able to survive and adapt to such future 
environmental changes (Falk 1992).
    Encompassed within each critical habitat unit we are designating 
for Deinandra increscens ssp. villosa are the areas currently occupied 
by the populations, as well as intervening

[[Page 67980]]

suitable habitat that provides space for population expansion, 
formation of new colonies, and shifts in population location which may 
occur over decades as habitat suitability changes due to geomorphic or 
other events (e.g., slope failure, wildfire). In addition, the three 
units contain habitat needed to support the ecological associates 
(e.g., pollinators, seed dispersal agents, mycorhizzal fungi) that 
maintain the extant populations and primary constituent elements for D. 
increscens ssp. villosa.
    Preserving habitat within a population and the surrounding area is 
essential to maintain the plant-animal interactions on which movement 
of pollen and seeds depends. For example, groups of flowering plants 
that are isolated from native plant communities (e.g., grasslands) can 
have diminished abundance and species richness of pollinators (Steffan-
Dewenter and Tscharntke 1999). Most Deinandra species are strongly 
self-incompatible (Tanowitz 1982; B. Baldwin, in litt., 2001), meaning 
that self-fertilization is impossible and insects are necessary for the 
transfer of pollen. Deinandra increscens ssp. villosa depends on the 
successful transfer of pollen between plants in order to produce seeds. 
Pollinators observed on the flowers of D. increscens ssp. villosa 
include several species of flies, bees, skippers, and butterflies 
(Tanowitz in Howald 1989). A decrease in abundance and species richness 
of pollinators due to habitat isolation can directly reduce seed set in 
a self-incompatible species such as D. increscens ssp. villosa.
    Intervening native habitat between populations within each unit is 
also necessary to promote gene flow between populations of Deinandra 
increscens ssp. villosa through pollinators and dispersal agents. Gene 
flow is necessary to maintain genetic variation within and between 
populations; loss of genetic variation is harmful for reasons discussed 
below. Habitat connectivity provides opportunity for long-distance 
movement by pollinators as well as dispersal agents between existing 
populations. Seed dispersal agents for the taxon are likely the same as 
those for other Deinandra species. Seeds of these species are thought 
to be dispersed by large and small mammals and birds when the sticky 
parts of reproductive structures adhere to animal fur and feathers (B. 
Baldwin, in litt., 2001).
    Isolation of small populations from one another can lead to loss of 
genetic variation due to genetic drift and increased inbreeding 
(Hamrick and Godt 1996). Genetic drift, which are genetic changes in 
the allelic composition or allelic frequencies, occurs in small or 
suddenly depauperate bottleneck populations. A population bottleneck is 
an episode of reduction in population size due to such things as 
environmental stress or habitat fragmentation. Genetic consequences of 
drift and loss of genetic variation include loss of adaptability to 
change and inbreeding, which is the mating of individuals likely to 
share some of their genes due to common ancestry. Inbreeding depression 
is thought to reduce fitness of individual plants; it may negatively 
affect components such as seed viability, germination success, and 
flower and fruit production (Falk 1992). Therefore, preservation of 
genetic variation is essential to promote adaptability to change and 
the reproductive success necessary for the conservation of the species.
    Preserving gene flow between colonies that are scattered across the 
landscape, as in the Conception-Gaviota Unit, is especially important 
for this species due to its breeding system. The type of 
incompatibility system that Deinandra species possess makes their 
ability to reproduce particularly vulnerable to loss of genetic 
variation within and between populations (B. Baldwin, in litt., 2001). 
The critical need to preserve gene flow between a large number of 
individuals and populations has been emphasized for other rare plant 
species which share this type of incompatibility system (e.g. Aster 
furcatus) (Les et al. 1991).
    In summary, maintaining the habitat surrounding and between the 
current Deinandra increscens ssp. villosa populations is essential to 
allow the expansion, movement, and founding of populations; to provide 
habitat for the pollinators and other associates which directly affect 
the conservation of the D. increscens ssp. villosa; and to sustain gene 
flow between populations of D. increscens ssp. villosa to conserve the 
genetic variation in this taxon.
    We are designating approximately 3,929 ha (9,709 ac) of land as 
critical habitat for Deinandra increscens ssp. villosa. Almost all of 
the area designated as critical habitat consists of private lands (98 
percent). Approximately 2 percent consists of State lands (Table 2).

 Table 2.--Approximate Designated Critical Habitat Unit Areas for Deinandra increscens ssp. villosa in Hectares
                                    (ha) (Acres (ac)) by Land Ownership \1\.
----------------------------------------------------------------------------------------------------------------
                                                                           County and other
            Unit name                    State              Private              local               Total
                                                                             jurisdictions
----------------------------------------------------------------------------------------------------------------
Sudden Peak.....................  0 ha (0 ac).......  320 ha (791 ac)...  0 ha (0 ac).......  320 ha (791 ac).
Santa Ynez......................  0 ha (0 ac).......  433 ha (1,070 ac).  0 ha (0 ac).......  433 ha (1,070 ac).
Conception Gaviota..............  76 ha (187 ac)....  3,100 ha (7,661     0 ha (0 ac).......  3,176 ha (7,848
                                                       ac).                                    ac).
                                 ---------------------
    Total.......................  76 ha (187 ac)....  3,853 ha (9,522     0 ha (0 ac).......  3,929 ha (9,709
                                                       ac).                                    ac).
----------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac).

    A brief description of each critical habitat unit is given below:

Sudden Peak Unit

    The Sudden Peak Unit consists of a 5-km (3-mi) stretch of ridgeline 
in the western portion of the Santa Ynez Mountains west of Sudden Peak, 
and generally includes grasslands above the 215-meter (700-foot) 
contour line. This unit is 320 ha (791 ac) and is comprised entirely of 
privately owned lands. Vandenberg Air Force Base holds an easement on a 
portion of these private lands. This unit includes two populations of 
Deinandra increscens ssp. villosa that comprised over 1,000 individuals 
in 1998. This unit is known to support populations away from the 
immediate coast and is at higher elevation than any other known D. 
increscens ssp. villosa location (425 m (1400 ft)). As a result, the 
populations in this unit experience more extreme seasonal temperatures 
and a lack of summer fog than most other populations which occur 
directly on the coast.

Santa Ynez Unit

    The Santa Ynez Unit consists of a 9.7-km (6-mi) stretch of 
ridgeline of the Santa Ynez Mountains, ranging from Ca[ntilde]ada de 
las Agujas east to Ca[ntilde]ada del

[[Page 67981]]

Agua Caliente. This unit of 433 ha (1,070 ac) is comprised entirely of 
privately owned lands. Deinandra increscens ssp. villosa occurs at 305 
m (1,000 ft) in this unit, on the sandy mountain ridgelines. This unit 
supports two known populations of D. increscens ssp. villosa that 
comprised approximately 400 individuals in 1998. The terrain here 
differs from most other known locations in that it is characterized 
primarily by slopes that intergrade with flatter areas, rather than a 
flat marine terrace.

Conception-Gaviota Unit

    The Conception-Gaviota Unit consists of a 51.5-km (23-mi) long 
stretch of habitat along the coast from Point Conception, east to 
Gaviota, and encompasses 3,176 ha (7,848 ac). At its widest point, this 
unit extends inland approximately 3.2 km (2 mi). This unit is comprised 
almost entirely of privately owned lands (98 percent). This unit also 
consists of State lands at Gaviota State Beach and lands in the process 
of being transferred to CDFG for the Gaviota Tarplant Reserve (2 
percent). This unit is particularly important because it supports most 
of the known populations of Deinandra increscens ssp. villosa that 
occur along the immediate coast. This includes the Gaviota population 
which was once extensive but is currently in decline, two small patches 
discovered in 1998 between Gaviota and Point Conception, and an 
extensive population discovered in 2000 that ranges from Government 
Point to the area near Jalama Beach County Park. Given these recent 
observations and the proximity to existing populations, we believe that 
there may be additional unsurveyed areas within the unit that may 
support D. increscens ssp. villosa. The populations here occur on a 
flat marine terrace along the immediate coast and likely experience 
summer fog and a mild maritime climate.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat. Destruction or 
adverse modification 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, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened, and with respect to its 
critical habitat, if any is designated or proposed. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a species proposed for listing, 
or result in destruction or adverse modification of proposed critical 
habitat. Conference reports provide conservation recommendations to 
assist the 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. Through this consultation, the 
Federal action agency would ensure that the permitted actions do not 
destroy or adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we 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 likelihood of jeopardizing the continued 
existence of listed species, or resulting in the destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project.
    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 Eriodictyon capitatum 
and Deinandra increscens ssp. villosa or their critical habitat will 
require consultation under section 7 of the Act. Activities on private 
or State lands that require a permit from a Federal agency, such as a 
permit from the Corps under section 404 of the Clean Water Act (33 
U.S.C. 1344 et seq.), a section 10(a)(1)(B) permit from the Service, or 
any other activity requiring Federal action (i.e., funding or 
authorization) will also continue to be subject to the section 7 
consultation process. Federal actions not affecting listed species or 
critical habitat, as well as actions on non-Federal lands that are not 
federally funded, authorized, or permitted, do not require section 7 
consultation with respect to these taxa.
    All of the units we are designating are known to be occupied by 
either above-ground plants or a seed bank of the two taxa, 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 
taxa. Few additional consultations are likely to be conducted due to 
the designation of critical habitat. Actions on which Federal agencies

[[Page 67982]]

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;
    (2) Military activities of the U.S. Department of Defense (Air 
Force) on their lands or lands under their jurisdiction;
    (3) Activities of the BLM on their lands or lands under their 
jurisdiction;
    (4) Watershed management activities sponsored by the Natural 
Resources Conservation Service;
    (5) Activities of the Federal Aviation Authority on their lands or 
lands under their jurisdiction;
    (6) The release or authorization of release of biological control 
agents by the U.S. Department of Agriculture;
    (7) Regulation of activities affecting point source pollution 
discharges into waters of the United States by the Environmental 
Protection Agency under section 402 of the Clean Water Act; and
    (8) 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 Eriodictyon capitatum 
or Deinandra increscens ssp. villosa may occur or their critical 
habitat is present within the area covered by the HCP, the consultation 
process would include consider all federally listed species affected by 
the HCP, including plants.
    Section 4(b)(8) of the Act requires us to evaluate briefly and 
describe, in any proposed or final regulation that designates critical 
habitat, those activities involving a Federal action that may adversely 
modify such habitat or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat would 
be those that alter the primary constituent elements to the extent that 
the value of critical habitat for the conservation of Eriodictyon 
capitatum and Deinandra increscens ssp. villosa 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 for Eriodictyon capitatum include, but are not limited 
to:
    (1) Activities that alter watershed characteristics in ways that 
would appreciably alter or reduce the ability of the chaparral habitat 
to maintain a mosaic of stands in different age classes, such as 
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 brush clearance in the watershed upslope from 
Eriodictyon capitatum; and
    (2) Activities that appreciably degrade or destroy native maritime 
chaparral and oak woodland communities at interior sites, including but 
not limited to livestock grazing, clearing, discing, introducing or 
encouraging the spread of nonnative species, and heavy recreational 
use.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly destroy or adversely modify 
critical habitat for Deinandra increscens ssp. villosa include, but are 
not limited to:
    Activities that alter watershed characteristics in ways that would 
appreciably alter or reduce the ability of the coastal terraces to 
maintain healthy grassland communities, such as 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, oil field development, oil contamination 
remediation, and construction and decommissioning of pipelines and 
utility corridors.
    Several other wildlife species that are listed under the Act occur 
in the same general areas as Eriodictyon capitatum and Deinandra 
increscens ssp. villosa. Along the coast between Jalama Beach County 
Park and Gaviota, Western snowy plovers (Charadrius alexandrinus 
nivosus) and their critical habitat, California red-legged frogs (Rana 
aurora draytonii) and their critical habitat, and tidewater gobies 
(Eucyclogobius newberryi) overlap with the Conception-Gaviota unit 
being designated for Deinandra increscens ssp. villosa critical 
habitat. When federally listed wildlife species occur on private lands 
for development, any HCPs submitted by the applicant to secure a permit 
for take under section 10(a)(1)(B) of the Act would be subject to the 
section 7 consultation process.
    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 (telephone 503/231-6131; facsimile 503/
231-6243).

Relationship of Critical Habitat to Military Lands

Section 3(5)(A) and Exclusions Under Section 4(b)(2)

    Special management and protection for the species are not required 
if adequate management and protection are already in place. Adequate 
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 Eriodictyon capitatum and Deinandra increscens 
ssp. villosa 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 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 (i.e., provide for periodic monitoring, adaptive management, 
and revisions as necessary). If all of these criteria are met, then the 
lands covered under the plan would likely no longer meet the definition 
of critical habitat and designation would no longer be appropriate.
    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

[[Page 67983]]

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 Improvements 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 generally 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.
    As discussed above, the Sikes Act requires that Vandenberg Air 
Force Base develop an INRMP. In 1997, the Air Force developed and 
submitted for Service review a Draft INRMP for the Air Force Base, 
which is intended to provide an adaptive management approach to natural 
resource issues on Vandenberg (Tetra Tech, Inc. 1997). Because we 
determined that the 1997 Draft INRMP did not provide any specific 
measures to address the conservation and recovery of Eriodictyon 
capitatum and Deinandra increscens ssp. villosa, it is not considered 
at this time to provide adequate special management for the plants such 
that the Service could exclude Vandenberg from the critical habitat 
designation pursuant to section 3(5)(A) of the Act. Vandenberg is 
currently revising the Draft INRMP to include provisions for special 
management and protection for the two taxa. In a letter dated October 
9, 2002, the Air Force committed to include a management strategy for 
E. capitatum and D. increscens ssp. villosa in Vandenberg's INRMP that 
will contribute to the long-term conservation of these taxa. The 
management strategy consists of designation of populations of 
Eriodictyon capitatum and Deinandra increscens ssp. villosa and their 
habitats as Sensitive Resource Protection Areas (SRPA). Within these 
areas, no development of new facilities or build-out will occur unless 
mission requirements necessitate such development. If development is 
required, the Air Force will designate, upon mutual agreement with the 
Service, SRPAs in adjacent similar habitat equivalent to that lost to 
development. The areas included in Vandenberg's SRPAs will include all 
areas proposed by the Service for critical habitat designation for the 
species. The Air Force further indicates that where additional 
populations of Deinandra increscens ssp. villosa are located, the SRPA 
for that area may be changed by mutual agreement but the total acreage 
for the SRPA on Vandenberg will be maintained at the 3,100 acres 
proposed by the Service for designation for this species.
    As part of its management strategy, the Air Force will also address 
measures to meet management goals for the following activities on 
Vandenberg Air Force Base: Grazing; fire control; maintenance 
activities, and vegetation management. The Air Force will work with the 
Service and research groups to develop methods for enhancement of 
Eriodictyon capitatum populations on Vandenberg. In the INRMP, the Air 
Force will also include plans to conduct ongoing surveys of suitable 
habitat for Deinandra increscens ssp. villosa.
    The INRMP will also provide for an annual assessment of the Air 
Force's management plan. As part of the INRMP, the Air Force will 
develop a peer-reviewed monitoring plan to assess the status of 
Eriodictyon capitatum and Deinandra increscens ssp. villosa on 
Vandenberg Air Force Base. An annual report including data on the 
abundance and distribution of populations of E. capitatum and D. 
increscens ssp. villosa on Vandenberg Air Force Base, the success of 
management activities designed to promote the taxa, and the effects of 
Air Force activities and natural events on these taxa will be provided 
to the Service for our review. Each year, based on the results of the 
annual monitoring report, the Air Force will assess its current 
management goals and activities for E. capitatum and D. increscens ssp. 
villosa and their habitats, and adjust them as needed to best benefit 
their recovery.
    The Air Force will give their proposed protection and management 
actions a high funding and implementation priority. The Air Force has 
committed to submit the revised Draft INRMP to the Service by January 
15, 2003, and will implement the Final INRMP no later than 90 days 
following our approval.
    The Service considers these proposed measures for the protection 
and management of the two species to be sufficient to constitute 
adequate ``special management.'' However, because the measures have not 
yet been included in the INRMP, the Service cannot conclude at this 
time that Vandenberg does not meet the definition of critical habitat 
under section 3(5)(A) of the Act for these species. However, section 
4(b)(2) of the Act allows the Service to exclude areas form critical 
habitat designation if the benefits of such exclusion outweigh the 
benefits of specifying such areas as critical habitat, unless exclusion 
would result in the extinction of the species.
    The Service has analyzed the benefits of including Vandenberg Air 
Force Base as part of the critical habitat designation and the benefits 
of excluding these areas, and determined that the benefits of exclusion 
outweigh those of inclusion. A major factor in that analysis was that, 
even if excluded, the proposed units on Vandenberg will nonetheless 
receive special management and protection through Vandenberg's revised 
INRMP, due to be submitted in

[[Page 67984]]

January 2003, which will designate the proposed critical habitat units 
as Sensitive Resource Protection Areas. Under Vandenberg's proposal, 
the species will also benefit from monitoring, restoration, 
enhancement, and survey efforts. The Service has also determined that 
exclusion would not result in the extinction of the species.
(1) Benefits of Inclusion
    There are few additional benefits of including Vandenberg Air Force 
Base in this critical habitat designation beyond what will be achieved 
thru implementation of Vandenberg's INRMP. The principal benefit of any 
designated critical habitat is that activities in and affecting such 
habitat require consultation under section 7 of the Act. Such 
consultation would ensure that adequate protection is provided to avoid 
destruction or adverse modification of critical habitat. If adequate 
protection can be provided in another manner, the benefits of including 
any area in critical habitat are minimal.
    Because Vandenberg's INRMP is not complete, the area may require 
special management. However, we have evaluated the protection measures 
the Air Force has proposed for Eriodictyon capitatum and Deinandra 
increscens ssp. villosa on Vandenberg and have found them to be 
adequate and of benefit to the species. The Air Force has provided 
assurances that it will provide mechanisms by which the conservation 
management strategies will be implemented, monitored, and revised as 
necessary. Because the Air Force has committed to incorporating these 
measures into its INRMP, protections for the species will be available 
without designation. Section 7 consultation under the jeopardy 
standards will still be required for activities affecting these listed 
plants on Vandenberg. Vandenberg has committed not to develop or build-
out in the areas proposed for critical habitat (thus, including those 
areas of units which are unoccupied) unless the military mission so 
requires. If development or build-out is required, then, in 
consultation with the Service, Vandenberg will designate additional 
areas for protection in similar habitat equivalent to that lost to the 
development. Therefore, designation of critical habitat in these areas 
would provide minimal, if any, benefit to the species beyond the 
protections to which the Air Force has committed. The designation would 
provide only additional certainty that Vandenberg will adequately 
address the conservation needs of the species.
    The development and implementation of Vandenberg's amended INRMP 
will provide other important conservation benefits, including the 
development of biological information to guide conservation efforts and 
assist in species recovery and the creation of innovative solutions to 
conserve species while allowing for development. The educational 
benefits that might follow critical habitat designation, such as 
providing information to the military of areas that are important for 
the long-term survival and conservation of the species, are essentially 
the same as those that will occur in the development of the INRMP. For 
these reasons, then, we believe that designation of critical habitat 
would have few, if any, additional benefits beyond those that will 
result from continued consultation under the jeopardy standard and 
Vandenberg's revision of its draft INRMP to provide for species 
management and protection.
(2) Benefits of Exclusion
    The benefits of excluding Vandenberg from being designated as 
critical habitat are more significant. Our economic analysis prepared 
for this rule cites an impact of approximately $650,000 on activities 
relating to Vandenberg. As noted above, designation of unoccupied areas 
within units may require consultation under section 7 of the Act for 
projects affecting those areas; absent the designation of critical 
habitat, these consultations may not be required if there are no plants 
present.
    The proposed critical habitat designation included 4,532 acres of 
Vandenberg land. Most of this land is zoned as open space by 
Vandenberg's INRMP, but various activities on these lands may be 
affected by the designation. Lompoc Federal Penitentiary has a lease to 
graze cattle on 23,500 acres within Vandenberg. Approximately 1,470 of 
these acres (six percent) are within the designation. Of these, 
approximately 150 acres are in the Arguello unit, 850 acres are in the 
Sudden Peak unit, and 470 acres are in the Conception-Gaviota unit. The 
Service does not expect that the penitentiary will stop grazing these 
areas but may recommend a modified grazing plan to accommodate the 
needs of the tarplant. One formal consultation will likely be initiated 
on behalf of the grazing land in all three units.
    In order to accommodate the needs of the tarplant, the Lompoc 
Federal Penitentiary, which leases land from Vandenberg, will likely 
only graze the proposed units before and after the months during which 
the tarplant blooms (June through September), stopping one month in 
advance of the ordinary grazing routine. The penitentiary already 
operates a grazing system of rest and rotation. As a result, the 
penitentiary will lose profits on the amount of meat they could have 
sold if the calves were able to gain weight for an additional month. 
Assuming that the calves gain two and a half pounds (lbs) per day and 
there are 30 days in a month, this would be 75 lbs per calf per month. 
At a price of $.90 per lb, this would be a loss of $68 per calf. This 
per calf amount probably overstates losses, because the costs of caring 
for the calves for an additional month are not netted out of the sale 
price. Approximately 390 calves would graze these lands, which would 
result in a total loss of $26,520. Over a ten-year period, this will be 
a $265,200 loss for the penitentiary.
    The Arguello unit also contains a site, Space Lodge Complex-6 (SLC-
6), that will begin space launches in 2003. Because the site is fully 
constructed and acidic deposition resulting from each launch is likely 
to be very localized, the impact of this activity is not anticipated to 
be great. A formal consultation was initiated with Vandenberg in 
December 1999, over a different space launch site; this consultation 
addressed the beach layia, a federally listed plant, as well as the 
snowy plover and the southwestern willow flycatcher. Based on this 
similar past consultation, and because it is difficult to state 
conclusively at this time whether the PCEs for the tarplant are present 
at the site, the analysis conservatively predicted that there will be a 
formal consultation regarding the activity.
    For the SLC-6 launch site, located within the Arguello unit, the 
project modifications are likely to be similar to those proposed by the 
Service in the December 1999, consultation over a different launch 
site. In that case, the Service suggested a program of monitoring both 
the level of acid deposition around the site and the state of the 
plants before and after each launch. Vandenberg anticipates that this 
type of monitoring program will cost approximately $10,000 per launch 
and that there will be approximately 32 launches in the next ten years, 
for a total cost of $320,000.
    Some of the economic effects to Vandenberg resulting from the 
critical habitat designation would remain if critical habitat were not 
designated on the base. However, the Service concludes that not 
designating critical habitat on Vandenberg would have benefits beyond 
those of a reduced economic effect. Moreover, the economic losses 
discussed above may still result, at least in part, if

[[Page 67985]]

Vandenberg is excluded from the designation due to the effects of 
consultation under the jeopardy standard. This would have the practical 
effect of reducing the benefits of exclusion. Due to the extent that 
this is true, whatever minimal benefits of inclusion exist will 
likewise be reduced, leading to the same conclusion in the balancing of 
the benefits of inclusion versus exclusion. The benefits of excluding 
Vandenberg will include encouraging the continued development of good 
management practices on the base. For instance, Vandenberg commits to 
several ongoing management, restoration, enhancement, and survey 
activities that would not necessarily result from the critical habitat 
designation. Vandenberg has committed not to develop or build-out in 
the areas proposed for critical habitat (thus, including those areas of 
units which are unoccupied) unless the military mission so requires. If 
development or build-out is required, then, in consultation with the 
Service, Vandenberg will designate additional areas for protection in 
similar habitat equivalent to that lost to the development.
    In summary, the benefits of including Vandenberg in critical 
habitat for these species are small, and are limited to additional 
certainty about the availability of adequate special management for the 
species. The benefits of excluding Vandenberg from being designated as 
critical habitat for the two plant species are more significant, and 
include encouraging the continued development and implementation of the 
protective measures Vandenberg plans to take to establish Sensitive 
Resource Protection Areas for the plants in the areas proposed for 
critical habitat designation; the monitoring, survey, enhancement, and 
restoration activities Vandenberg will undertake that will provide 
additional benefits to the species; and the encouragement that this 
decision provides to Vandenberg for positive environmental protection 
programs on base and partnerships that may lead to future conservation. 
We find that the benefits of excluding these areas from critical 
habitat designation outweigh the benefits of including these areas. We 
intend to complete a section 7 of the Act consultation on the amended 
INRMP when it becomes available, and will be able to address any 
effects that might pose jeopardy at that time. However, we are not 
expecting any such effects.
(3) Risk of Extinction
    Under section 4(b)(2) of the Act, the Service may exclude areas 
from the critical habitat designation, as discussed above, but only if 
it is determined, ``based on the best scientific and commercial data 
available, that the failure to designate such area as critical habitat 
will result in the extinction of the species concerned.'' Here, we have 
determined that exclusion of Vandenberg from the critical habitat 
designation for Eriodictyon capitatum and Deinandra increscens ssp. 
villosa will not result in the extinction of these two species. This 
determination is based upon the following:
    (1) Activities on Vandenberg that may affect Eriodictyon capitatum 
and Deinandra increscens ssp. villosa will still require consultation 
under section 7 of the Act. 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 listed species. 
Therefore, even without critical habitat designation on lands managed 
by Vandenberg, they are still required to ensure that the activities on 
the base do not jeopardize the continued existence of Eriodictyon 
capitatum and Deinandra increscens ssp. villosa.
    (2) Vandenberg has committed to designating the areas proposed as 
critical habitat for both species as Sensitive Resource Protection 
Areas (SRPA), that will be protected and managed according to the 
revised INRMP. Vandenberg has committed that no development of new 
facilities or build-out will occur in these areas unless its military 
mission so requires; and in this eventuality, that it will identify 
other adjacent similar habitat for replacement lands for the SRPAs. In 
short, Vandenberg has committed to protect the same acreage amounts for 
these two species as were proposed for critical habitat.
    With these protections in place, we have concluded that this 
exclusion from critical habitat will not result in the extinction of 
these two species. Accordingly, we have determined that lands on 
Vandenberg Air Force Base should be excluded under subsection 4(b)(2) 
of the Act because the benefits of exclusion outweigh the benefits of 
inclusion and will not cause the extinction of the species. For this 
reason, we are excluding from this critical habitat designation those 
proposed units and portions of proposed units that were located on 
Vandenberg.

Relationship to Habitat Conservation Plans

    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 for wildlife species. Currently, there are no HCPs that include 
Eriodictyon capitatum or Deinandra increscens ssp. villosa as covered 
species.
    Subsection 4(b)(2) of the Act allows us to exclude from critical 
habitat designation areas where the benefits of exclusion outweigh the 
benefits of designation, provided the exclusion will not result in the 
extinction of the species. We believe that in most instances the 
benefits of excluding HCPs from critical habitat designations will 
outweigh the benefits of including them. In the event that future HCPs 
are developed within the boundaries of proposed or designated critical 
habitat, we will work with applicants to ensure that the HCPs provide 
for protection and management of habitat areas essential for the 
conservation of the species. This will be accomplished by either 
directing development and habitat modification to nonessential areas, 
or appropriately modifying activities within essential habitat areas so 
that such activities will not adversely modify the critical habitat. We 
will provide technical assistance and work closely with applicants 
throughout the development of any future HCPs to identify lands 
essential for the long-term conservation of Eriodictyon capitatum and 
Deinandra increscens ssp. villosa and appropriate management for those 
lands. Furthermore, we will complete intra-Service consultation on our 
issuance of section 10(a)(1)(B) permits for these HCPs to ensure permit 
issuance will not destroy or adversely modify critical habitat.

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 67986]]

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 May 7, 2002 (67 FR 30641). We accepted 
comments on the draft analysis until June 6, 2002.
    Our draft Economic Analysis evaluated the potential future effects 
associated with the listing of Cirsium loncholepis, Eriodictyon 
capitatum and Deinandra increscens ssp. villosa as endangered species 
under the Act, as well as any potential effect of the critical habitat 
designation above and beyond those regulatory and economic impacts 
associated with listing. Because C. loncholepis was included in the 
proposed critical habitat rule, the draft Economic Analysis included 
the potential economic effects resulting from the listing and 
designation of critical habitat for this species, in addition to those 
related to E. capitatum and D. increscens ssp. villosa. Therefore, the 
following discussion of potential economic effects and the values 
presented below assumes the listing and designation of critical habitat 
for all three taxa. Because we are not designating critical habitat for 
C. loncholepis at this time, the values presented below are likely an 
overestimate of the potential economic effects resulting from this 
final critical habitat rule.
    In addition, the draft Economic Analysis analyzed costs incurred 
through consultations and modifications of activities on lands under 
the Federal jurisdiction of Vandenberg Air Force Base; the following 
discussion of potential economic effects and the values presented below 
assumes the inclusion of these lands in the critical habitat 
designation. However, we are excluding lands owned by Vandenberg from 
the area designated as critical habitat for Eriodictyon capitatum and 
Deinandra increscens ssp. villosa, resulting in the entire removal of 
three units and modification of 2 units.
    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.
    Based on our economic 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 range from $3.1 to $3.65 million. The total estimated costs 
associated with the Lompoc Yerba Santa and the Gaviota Tarplant is 
estimated to range between $2.5 and $2.8 million. Based on the U.S. 
Office of Management and Budget's prescribed seven percent discount 
rate, the annualized cost of compliance with the designation of 
critical habitat for these two species is estimated to be between 
$247,200 and $286,400 with a corresponding total present value between 
$1.7 and $2.0 million. While the potential economic impact associated 
with the listing of the taxa and critical habitat designation appears 
to be large, it must be considered in the context of the economic 
activity in the region. Given a total value of $1.09 billion in income 
(over 10 years) from farming, agricultural services, construction, and 
oil and gas extraction activities in Santa Barbara County, the 
annualized total cost of section 7 implementation represents less than 
0.3 percent of the total value of affected economic activities, as 
estimated in the economic analysis.
    The total consultation costs attributable exclusively to the 
critical habitat provision of section 7 may range from $2,300,000 to 
$2,700,000. Economic impacts due to consultations and modifications of 
oil and gas activities, primarily in the Conception-Gaviota Unit, are 
estimated to be approximately $1,481,900. Costs of consultations and 
modifications of private development projects, primarily in the Santa 
Ynez Mountains, Santa Ynez, and Conception-Gaviota units, are estimated 
at $1,083,600. Costs of consultations and modifications of agricultural 
activities, distributed among six of the units, are estimated to be 
$194,800. Costs of consultations and modifications of activities at 
Parks, Recreational Areas, and the National Wildlife Refuge, primarily 
in the Pismo-Orcutt Unit (of the proposed Cirsium loncholepis critical 
habitat), are estimated to be $249,300. Costs of consultations and 
modifications of activities at Vandenberg Air Force Base, primarily in 
the Arguello and Sudden Peak units, were estimated in the Economic 
Analysis to total approximately $639,800. The cost estimates described 
above are based on the high estimates for the potential cost of 
consultations presented in the Economic Analysis.
    Total costs resulting from technical assistance, formal and 
informal consultations, development of biological assessments, and 
project modifications due to listing and critical habitat designation 
are presented in the economic analysis, according to land use 
activities and individual critical habitat units. A per-effort cost is 
developed for section 7 consultations incurred by the Service, a 
Federal action agency, and a third party. Cost estimates of an 
individual formal or informal consultation are developed from a review 
and analysis of the section 7 history of a number of Service field 
offices around the country. Cost estimates for technical assistance are 
based on an analysis of past technical assistance efforts by the 
Service with agencies in this area. Per-effort costs for project 
modifications are based on an estimated hourly rate of botanist and 
total time to implement the project modification.
    Costs to third parties (e.g., oil and gas companies) result from 
technical assistance, consultations, and development of a biological 
assessment. Costs to Federal action agencies include those incurred 
from consultations. Costs to the Service result from technical 
assistance and consultations. Project modifications affect private, 
State, local, and Federal landowners.
    Technical assistance associated with the listing and critical 
habitat is estimated to occur primarily for agricultural activities; a 
total of 60 efforts are anticipated over the next 10 years, based on 
estimates of future consultations. Informal consultations are estimated 
to occur primarily on private development projects; a total of 10 
efforts, most likely associated with

[[Page 67987]]

Army Corps of Engineers (ACOE) permits, are expected over the next 10 
years, based on estimates of future consultations. Formal consultations 
are estimated to occur primarily on oil and gas activities; a total of 
29 efforts are expected over the next 10 years, based on the likelihood 
of maintenance of pipeline right of way and decommissioning of oil 
pipes by 6 oil/gas companies, conducted over the Conception-Gaviota and 
Pismo-Orcutt units, requiring a permit from the ACOE. Oil and gas 
(e.g., production and decommissioning) activities in the Conception-
Gaviota and Pismo-Orcutt Units and private development in the Pismo-
Orcutt, Conception-Gaviota, Santa Ynez, and Santa Ynez Mountains Units 
would likely be the most affected due to project modifications, because 
of the current projected activities in these units and the lower 
probability of similar activities on the other units.
    We did not receive any comments on the draft economic analysis of 
the proposed determination. Following the close of the comment period, 
the economic analysis was finalized. There were no revisions or 
additions to the draft economic analysis. The values presented above 
are likely to be an overestimate of the potential economic effects of 
this final critical habitat designation because we have removed C. 
loncholepis from the designation, resulting in a reduction of 17,934 ha 
(44,315 ac). In addition, we reduced the acreage designated as E. 
capitatum and D. increscens ssp. villosa critical habitat from the 
proposal by 2,593 ha (6,405 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 12866, this document is a 
significant rule and has been reviewed by the Office of Management and 
Budget (OMB), as OMB determined that this rule may raise novel legal or 
policy issues. As required by Executive Order 12866, we have provided a 
copy of the rule, which describes the need for this action and how the 
designation meets that need, and the economic analysis, which assesses 
the costs and benefits of this critical habitat designation, to OMB for 
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. SBREFA also amended 
the Regulatory Flexibility Act (RFA) to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
will not have a significant economic effect on a substantial number of 
small entities. SBREFA also amended the RFA to require a certification 
statement. In this rule, we are certifying that the critical habitat 
designation for Eriodictyon capitatum and Deinandra increscens ssp. 
villosa will not have a significant effect on a substantial number of 
small entities. The following discussion explains the factual basis for 
this certification.
    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 (13 CFR 121.201). Small 
businesses include manufacturing and mining concerns with fewer than 
500 employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we consider the types 
of activities that might trigger regulatory impacts under this rule as 
well as the types of project modifications that may result. In general, 
the term ``significant economic impact'' is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, timber harvesting, etc.). We apply the 
``substantial number'' test individually to each industry to determine 
if certification is appropriate. While SBREFA does not explicitly 
define either ``substantial number'' or ``significant effect,'' the 
Small Business Administration as well as other Federal agencies, has 
interpreted these terms to represent an impact on 20 percent or greater 
of the number of small entities in any industry and an effect equal to 
three percent or more of a business' annual sales. Thus a ``substantial 
number'' of small entities is more than 20 percent of those small 
entities affected by the regulation, out of the total universe of small 
entities in the industry or, if appropriate, industry segment. 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; some kinds of 
activities are unlikely to have any Federal involvement and so will not 
be affected by critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies. Some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation. In areas where the species may be 
present, Federal agencies already are required to consult with us under 
section 7 of the Act on activities that they fund, permit, or implement 
that may affect Eriodictyon capitatum and Deinandra increscens ssp. 
villosa. 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 Federal 
activities. Since E. capitatum and D. increscens ssp. villosa have only 
been listed since March 2000, there have not been any consultations on 
the two species. Therefore, the requirement to reinitiate consultations 
for ongoing projects will not affect a substantial number of small 
entities.
    Our Economic Analysis found that private development, oil and gas 
production, and agriculture (particularly, vineyard conversion) are the 
primary activities anticipated to take

[[Page 67988]]

place within the area that was proposed to be designated as critical 
habitat for Cirsium loncholepis, Eriodictyon capitatum, and Deinandra 
increscens ssp. villosa. There are approximately 114 development and 
real estate, 73 oil and gas, and 93 agriculture small companies within 
the previously proposed critical habitat area. The area that we are 
designating as critical habitat in this final rule is substantially 
smaller than the area proposed as critical habitat. This is primarily a 
result of our decision to exclude critical habitat from this final rule 
for C. loncholepis and those critical habitat units proposed on 
Vandenberg. The Economic Analysis included the potential economic 
effects resulting from the listing and designation of critical habitat 
for C. loncholepis in addition to those related to proposed units for 
E. capitatum and D. increscens ssp. villosa on Vandenberg, which have 
been excluded from the final designation.. Therefore, the number of 
consultations, impacts to small businesses, and total economic costs 
(discussed below) are likely to be an overestimate of the potential 
effects of listing and the final designation of critical habitat for E. 
capitatum and D. increscens ssp. villosa.
    To be conservative (i.e., more likely overstate impacts than 
understate them), the Economic Analysis assumed that a unique business 
entity would undertake each of the projected consultations in a given 
year. Therefore, the number of businesses affected annually is equal to 
the total annual number of consultations (both formal and informal).
    On average, over the 10 year period of analysis, in each year there 
could be between 1 and 2 consultations for private development 
projects. Assuming each consultation involves a different business, 
approximately less than 1 percent of the total number of small private 
development companies could be affected annually by the designation of 
critical habitat for Eriodictyon capitatum and Deinandra increscens 
ssp. villosa.
    On average, over the 10 year period of analysis, in each year there 
could be approximately three consultations for oil and gas production 
activities. Assuming each consultation involves a different business, 
approximately 3 to 4 percent of the total number of small gas and oil 
companies could be affected annually by the designation of critical 
habitat for Eriodictyon capitatum and Deinandra increscens ssp. 
villosa.
    On average, over the 10 year period of analysis, in each year there 
could be approximately less than one consultation for agriculture 
(vineyard) activities. Assuming each consultation involves a different 
business, approximately less than 1 percent of the total number of 
small agriculture companies could be affected annually by the 
designation of critical habitat for Eriodictyon capitatum and Deinandra 
increscens ssp. villosa.
    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.'' Therefore, the economic analysis concludes 
that the designation of critical habitat for Eriodictyon capitatum and 
Deinandra increscens ssp. villosa will not result in a significant 
economic impact on a substantial number of small entities.
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements for the approximately 
four small businesses, on average, that may be required to consult with 
us each year regarding their project's impact on Eriodictyon capitatum 
and Deinandra increscens ssp. villosa and their 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 or plant 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 no consultation history 
for Eriodictyon capitatum and Deinandra increscens ssp. villosa, 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 they face, as 
described in the final listing rule and this critical habitat 
designation.
    It is likely that a developer or other project proponent could 
modify a project or take measures to protect Eriodictyon capitatum and 
Deinandra increscens ssp. villosa. Based on the types of modifications 
and measures that have been implemented in the past for plant species, 
a project proponent may take such steps as installing fencing or re-
aligning the project to avoid sensitive areas. Potential costs 
associated with such measures are estimated at $20,000 for materials 
and labor to install two miles of fencing and $25,000 for costs 
associated with project redesigns. It should be noted that a developer 
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 total 
economic costs associated with the listing and critical habitat 
designation for Cirsium loncholepis, Eriodictyon capitatum, and 
Deinandra increscens ssp. villosa over

[[Page 67989]]

the next 10 years may range from approximately $3,100,000 to 
$3,650,000. Out of this, about 40 percent ($1,481,900) are expected to 
result from consultations and modifications of oil and gas activities; 
30 percent ($1,083,600) are expected to result from consultations and 
modifications of private development projects; and 5 percent ($194,800) 
will result from consultations and modifications of agricultural 
activities. While the potential economic impact associated with the 
listing of the taxa and critical habitat designation appears to be 
large, it must be considered in the context of the economic activity in 
the region. Given a total value of $1.09 billion in income (over 10 
years) from farming, agricultural services, construction, and oil and 
gas extraction activities in Santa Barbara County, the annualized total 
cost of section 7 implementation represents approximately 0.3 percent 
of the total value of affected economic activities, as 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 Eriodictyon 
capitatum and Deinandra increscens ssp. villosa 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))

    OMB's Office of Information and Regulatory Affairs has determined 
that this rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. 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 activities involving Federal funds, permits, or other 
authorized activities 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 an 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 significantly 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 Eriodictyon capitatum and Deinandra 
increscens ssp. villosa 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 Eriodictyon capitatum and Deinandra 
increscens ssp. villosa 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 Eriodictyon 
capitatum and Deinandra increscens ssp. villosa.

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

    This rule does not contain any information collection requirements 
for which OMB 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. We published a notice outlining our reason for this 
determination 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

[[Page 67990]]

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 Eriodictyon capitatum or Deinandra 
increscens ssp. villosa does not contain any federally recognized 
Tribal lands or lands that we have identified as impacting Tribal trust 
resources.

References Cited

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

Authors

    The primary authors of this final rule are Diane Gunderson and 
Diane Steeck, 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 Sec.  17.12(h), add an entry for Deinandra increscens ssp. 
villosa, revise the entry for Eriodictyon capitatum, and remove the 
entry for Hemizonia increscens ssp. villosa, under ``FLOWERING PLANTS'' 
to read as follows:


Sec.  17.12  Endangered and threatened plants.

    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species
--------------------------------------------------------    Historic Range           Family            Status      When listed    Critical     Special
         Scientific name                Common Name                                                                               habitat       rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants
 
                                                                      * * * * * * *
Deinandra increscens ssp. villosa  Gaviota tarplant....  U.S.A. (CA)........  Asteraceae           E                       691     17.96(a)           NA
                                                                               sunflower.
 
                                                                      * * * * * * *
Eriodictyon capitatum............  Lompoc yerba santa..  U.S.A. (CA)........  Hydrophyllaceae-     E                       691     17.96(a)           NA
                                                                               waterleaf.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    3. In Sec.  17.96, amend paragraph (a) by adding entries for 
Deinandra increscens ssp. villosa, in alphabetical order under Family 
Asteraceae, and adding an entry for Eriodictyon capitatum under Family 
Hydrophyllaceae to read as follows:


Sec.  17.96  Critical habitat--plants.

    (a) * * *

Family--Asteraceae: Deinandra increscens ssp. villosa (Gaviota 
tarplant)

    (1) Critical habitat units are depicted for Santa Barbara County, 
California, on the maps below.
    (2) The primary constituent elements of critical habitat for 
Deinandra increscens ssp. villosa are the habitat components that 
provide:
    (i) Sandy soils associated with coastal terraces adjacent to the 
coast or uplifted marine sediments at interior sites up to 5.6 km (3.5 
mi) inland from the coast, and
    (ii) Plant communities that support associated species, including 
needlegrass grassland and coastal sage scrub communities, particularly 
where the following associated species are found: Needlegrass species 
(Nassella spp.), California sagebrush (Artemisia californica), coyote 
bush (Baccharis pilularis), sawtooth golden bush (Hazardia squarrosa), 
and California buckwheat (Eriogonum fasciculatum).
    (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

    (i) Data layers defining map units were mapped using Universal 
Transverse Mercator (UTM) coordinates.
    (ii) Note: Index map follows:

BILLING CODE 4310-55-P

[[Page 67991]]

[GRAPHIC] [TIFF OMITTED] TR07NO02.000


[[Page 67992]]


    (4) Sudden Peak Unit: Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle maps Tranquillon Mountain, Lompoc 
Hills, Santa Rosa Hills, lands bounded by the following UTM zone 10 
NAD83 coordinates (E,N): 729958, 3827610; 729742, 3827440; 729579, 
3827450; 729425, 3827600; 729439, 3827710; 729508, 3827830; 729376, 
3827830; 729212, 3827800; 729116, 3827760; 729008, 3827960; 728870, 
3828070; 727858, 3828370; 727151, 3828380; 726435, 3828390; 726349, 
3828300; 726296, 3828210; 726142, 3828370; 725873, 3828420; 725662, 
3828470; 725478, 3828790; 724801, 3829170; 724588, 3829000; 724595, 
3829180; 724666, 3829350; 724689, 3829390; 724710, 3829420; 724742, 
3829500; 724748, 3829510; 724772, 3829520; 724802, 3829490; 724864, 
3829440; 724894, 3829450; 724903, 3829460; 724923, 3829490; 724952, 
3829510; 724982, 3829500; 724993, 3829460; 725000, 3829450; 725013, 
3829430; 725045, 3829430; 725100, 3829430; 725105, 3829430; 725116, 
3829420; 725120, 3829410; 725124, 3829350; 725129, 3829320; 725139, 
3829300; 725145, 3829290; 725196, 3829290; 725210, 3829290; 725229, 
3829280; 725242, 3829270; 725252, 3829260; 725266, 3829230; 725267, 
3829200; 725289, 3829140; 725294, 3829130; 725325, 3829110; 725354, 
3829110; 725375, 3829150; 725383, 3829160; 725444, 3829140; 725456, 
3829150; 725460, 3829160; 725460, 3829180; 725452, 3829200; 725437, 
3829230; 725430, 3829260; 725427, 3829310; 725432, 3829350; 725406, 
3829410; 725427, 3829420; 725435, 3829420; 725496, 3829400; 725526, 
3829410; 725556, 3829420; 725581, 3829410; 725586, 3829410; 725617, 
3829380; 725651, 3829330; 725679, 3829310; 725708, 3829340; 725738, 
3829340; 725774, 3829300; 725786, 3829260; 725796, 3829240; 725862, 
3829220; 725869, 3829220; 725888, 3829190; 725912, 3829130; 725917, 
3829120; 725956, 3829090; 725986, 3829080; 726017, 3829070; 726048, 
3829070; 726056, 3829090; 726061, 3829130; 726069, 3829170; 726090, 
3829220; 726100, 3829280; 726112, 3829300; 726130, 3829310; 726163, 
3829290; 726242, 3829220; 726253, 3829200; 726284, 3829170; 726314, 
3829160; 726333, 3829160; 726478, 3829080; 726500, 3829060; 726529, 
3829020; 726558, 3829050; 726570, 3829080; 726584, 3829090; 726616, 
3829100; 726651, 3829100; 726738, 3829050; 726768, 3829040; 726799, 
3829020; 726830, 3829000; 726907, 3828970; 726925, 3828950; 726935, 
3828920; 726942, 3828910; 726964, 3828860; 726961, 3828830; 726952, 
3828800; 726957, 3828760; 726995, 3828750; 727013, 3828740; 727022, 
3828720; 727026, 3828680; 727046, 3828620; 727053, 3828560; 727083, 
3828570; 727121, 3828590; 727140, 3828600; 727145, 3828620; 727143, 
3828660; 727168, 3828720; 727186, 3828780; 727223, 3828840; 727232, 
3828870; 727242, 3828940; 727251, 3828960; 727273, 3828970; 727281, 
3828970; 727291, 3828960; 727312, 3828930; 727343, 3828910; 727414, 
3828880; 727433, 3828870; 727521, 3828760; 727579, 3828670; 727659, 
3828660; 727724, 3828680; 727806, 3828720; 727873, 3828820; 728014, 
3829090; 728073, 3829130; 728179, 3829170; 728262, 3829210; 728345, 
3829230; 728412, 3829250; 728414, 3829240; 728688, 3829280; 728783, 
3829210; 728830, 3829050; 728820, 3828900; 728839, 3828590; 728863, 
3828400; 728940, 3828300; 729160, 3828270; 729685, 3828110; 729721, 
3828100; 729755, 3828070; 729958, 3827610.
    (ii) Note: Map 2 follows:

[[Page 67993]]

[GRAPHIC] [TIFF OMITTED] TR07NO02.001

BILLING CODE 4310-55-C

[[Page 67994]]

    (5) Conception-Gaviota Unit: Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle maps Gaviota, Lompoc Hills, Point 
Conception, Sacate, and Tranquillon Mountain, lands bounded by the 
following UTM zone 10 NAD83 coordinates (E,N): 729837, 3821770; 729855, 
3821690; 729971, 3821490; 730078, 3821250; 730181, 3821200; 730191, 
3821100; 730302, 3820990; 730393, 3820950; 730490, 3820870; 730490, 
3820840; 730445, 3820790; 730431, 3820750; 730455, 3820690; 730520, 
3820630; 730464, 3820600; 730344, 3820590; 730333, 3820570; 730346, 
3820500; 730377, 3820470; 730496, 3820520; 730587, 3820480; 730593, 
3820450; 730530, 3820400; 730514, 3820360; 730523, 3820330; 730625, 
3820210; 730716, 3820200; 730731, 3820190; 730718, 3820160; 730653, 
3820100; 730646, 3819980; 730614, 3819910; 730617, 3819860; 730679, 
3819780; 730729, 3819750; 730822, 3819770; 730967, 3819830; 730997, 
3819830; 731013, 3819810; 730970, 3819750; 730793, 3819640; 730748, 
3819560; 730764, 3819530; 730761, 3819440; 730779, 3819410; 730783, 
3819260; 730921, 3819080; 731051, 3819040; 731073, 3819060; 731099, 
3819240; 731134, 3819290; 731148, 3819290; 731160, 3819400; 731174, 
3819330; 731164, 3819290; 731149, 3819290; 731155, 3819210; 731165, 
3819180; 731211, 3819140; 731219, 3819020; 731282, 3818980; 731303, 
3818890; 731356, 3818870; 731386, 3818900; 731418, 3819100; 731472, 
3819130; 731510, 3818920; 731511, 3818770; 731540, 3818740; 731587, 
3818790; 731627, 3818860; 731641, 3818850; 731651, 3818830; 731631, 
3818650; 731641, 3818600; 731658, 3818590; 731785, 3818620; 731841, 
3818730; 731900, 3818770; 731931, 3818750; 731924, 3818600; 731936, 
3818580; 731999, 3818550;

732050, 3818560; 732097, 3818660; 732142, 3818700; 732147, 3818740; 
732126, 3818790; 732145, 3818820; 732169, 3818810; 732215, 3818780; 
732260, 3818790; 732289, 3818770; 732285, 3818740; 732228, 3818640; 
732238, 3818500; 732269, 3818500; 732323, 3818650; 732344, 3818660; 
732371, 3818620; 732374, 3818530; 732419, 3818490; 732479, 3818490; 
732537, 3818560; 732578, 3818550; 732627, 3818580; 732644, 3818510; 
732584, 3818410; 732599, 3818320; 732534, 3818230; 732571, 3818140; 
732609, 3818110; 732700, 3818130; 732759, 3818160; 732818, 3818220; 
732914, 3818270; 732939, 3818310; 732945, 3818240; 732879, 3818170; 
732828, 3818060; 732812, 3818030; 732809, 3817980; 732856, 3817950; 
732945, 3817970; 733036, 3818070; 733120, 3818160; 733150, 3818160; 
733231, 3818070; 733234, 3818070; 733240, 3818040; 733109, 3817940; 
733092, 3817880; 733109, 3817830; 733281, 3817800; 733363, 3817810; 
733547, 3817950; 733576, 3817960; 733646, 3817900; 733604, 3817840; 
733588, 3817780; 733601, 3817750; 733643, 3817740; 733702, 3817770; 
733793, 3817750; 733820, 3817840; 733908, 3817800; 733987, 3817810; 
734040, 3817950; 734157, 3818050; 734158, 3818010; 734120, 3817980; 
734083, 3817910; 734045, 3817760; 734020, 3817730; 733957, 3817710; 
733907, 3817670; 733894, 3817550; 733963, 3817490; 734053, 3817490; 
734088, 3817550; 734101, 3817650; 734160, 3817700; 734193, 3817770; 
734250, 3817800; 734324, 3817820; 734350, 3817870; 734361, 3817860; 
734345, 3817780; 734255, 3817710; 734226, 3817650; 734232, 3817550; 
734273, 3817470; 734257, 3817410; 734267, 3817390; 734385, 3817440; 
734414, 3817350; 734449, 3817320; 734478, 3817350; 734490, 3817530; 
734470, 3817770; 734481, 3817860; 734492, 3817880; 734565, 3817880; 
734639, 3818000; 734669, 3818000; 734639, 3817810; 734654, 3817750; 
734634, 3817700; 734638, 3817620; 734755, 3817490; 734782, 3817430; 
734806, 3817430; 734841, 3817510;

734892, 3817580; 734928, 3817580; 734927, 3817420; 734987, 3817400; 
735019, 3817340; 735054, 3817330; 735108, 3817370; 735123, 3817360; 
735093, 3817220; 735102, 3817180; 735175, 3817150; 735206, 3817120; 
735305, 3817160; 735354, 3817200; 735376, 3817100; 735360, 3816990; 
735450, 3816840; 735485, 3816840; 735495, 3816860; 735711, 3816870; 
735754, 3816850; 735817, 3816780; 735847, 3816790; 735877, 3816850; 
735856, 3816940; 735871, 3816960; 735993, 3816910; 736021, 3816920; 
736012, 3816930; 736295, 3816960; 736323, 3816930; 736470, 3817040; 
736500, 3817040; 736559, 3817070; 736591, 3817000; 736651, 3817020; 
736688, 3817010; 736717, 3816940; 736701, 3816880; 736713, 3816850; 
736747, 3816810; 736777, 3816800; 736826, 3816820; 736851, 3816850; 
736893, 3816970; 736882, 3817060; 736919, 3817080; 736978, 3816890; 
736960, 3816710; 736991, 3816690; 737091, 3816760; 737087, 3816860; 
737103, 3816890; 737196, 3816850; 737260, 3816870; 737277, 3816960; 
737230, 3817080; 737202, 3817100; 737210, 3817130; 737247, 3817170; 
737368, 3817120; 737402, 3817140; 737584, 3817090; 737594, 3817060; 
737702, 3817010; 737792, 3817000; 737807, 3816970; 737793, 3816910; 
737816, 3816880; 737856, 3816880; 737914, 3816940; 738009, 3816800; 
738067, 3816870; 738158, 3816860; 738157, 3816890; 738093, 3816980; 
738092, 3817030; 738132, 3816990; 738305, 3816950; 738365, 3816950; 
738420, 3816920; 738575, 3816960; 738594, 3817000; 738541, 3817140; 
738552, 3817170; 738593, 3817210; 738589, 3817270; 738620, 3817330; 
738653, 3817340; 738668, 3817330; 738648, 3817230; 738698, 3817090; 
738658, 3816860; 738632, 3816790; 738642, 3816730; 738702, 3816720; 
738774, 3816760; 738801, 3816790; 738799, 3816850; 738817, 3816880; 
738908, 3816860; 739028, 3816870; 739087, 3816890; 739179, 3816830; 
739209, 3816830; 739268, 3816880; 739298, 3816880; 739309, 3816750; 
739362, 3816740; 739411, 3816780;

739448, 3816870; 739539, 3816850; 739605, 3816880; 739901, 3816930; 
739928, 3816900; 740007, 3816900; 740117, 3816940; 740137, 3816950; 
740130, 3816980; 740102, 3817010; 740161, 3817130; 740191, 3817150; 
740230, 3817070; 740284, 3817040; 740326, 3817040; 740362, 3817060; 
740635, 3817030; 740617, 3817030; 740657, 3817010; 740765, 3817020; 
740856, 3817010; 740900, 3817050; 740937, 3817130; 740972, 3817140; 
741018, 3817080; 741095, 3817040; 741125, 3817060; 741245, 3817040; 
741298, 3817080; 741314, 3817110; 741562, 3817110; 741605, 3817060; 
741665, 3817050; 741735, 3817080; 741787, 3817170; 741918, 3817200; 
741982, 3817180; 742113, 3817170; 742196, 3817210; 742798, 3817310; 
742860, 3817300; 742980, 3817300; 743099, 3817320; 743221, 3817270; 
743244, 3817280; 743250, 3817340; 743308, 3817360; 743343, 3817390; 
743596, 3817430; 743607, 3817410; 743874, 3817420; 743908, 3817390; 
743938, 3817380; 744027, 3817420; 744117, 3817430; 744176, 3817470; 
744303, 3817490; 744367, 3817530; 744644, 3817570; 744660, 3817540; 
744685, 3817540; 744744, 3817570; 744769, 3817570; 744804, 3817510; 
744829, 3817510; 744925, 3817540; 744985, 3817540; 745044, 3817570; 
745077, 3817490; 745137, 3817470; 745205, 3817500; 745228, 3817500; 
745258, 3817440; 745289, 3817430; 745318, 3817460; 745321, 3817500; 
745287, 3817560; 745284, 3817590; 745313, 3817600; 745501, 3817590; 
745524, 3817590; 745544, 3817630; 745731, 3817700; 745771, 3817730; 
746052, 3817770; 746091, 3817720; 746121, 3817730; 746209, 3817810; 
746240, 3817750; 746360, 3817750;

[[Page 67995]]

746388, 3817820; 746521, 3817830; 746544, 3817910; 746722, 3818070; 
746833, 3818030; 747014, 3818010; 747043, 3818020; 747031, 3818050; 
747374, 3818110; 747401, 3818090; 747431, 3818100; 747460, 3818150; 
747549, 3818180; 747606, 3818130; 747633, 3818070; 747653, 3818060; 
747702, 3818080; 747763, 3818060; 747776, 3818110; 747958, 3818180;

748008, 3818150; 748091, 3818140; 748121, 3818090; 748153, 3818070; 
748243, 3818060; 748303, 3818080; 748315, 3818100; 748305, 3818120; 
748585, 3818230; 748630, 3818180; 748783, 3818110; 748808, 3818120; 
748816, 3818140; 749085, 3818040; 749116, 3818010; 749187, 3817980; 
749239, 3817910; 749423, 3817960; 749430, 3817860; 749569, 3817740; 
749647, 3817730; 749696, 3817690; 749756, 3817700; 749847, 3817670; 
749893, 3817680; 749934, 3817760; 749964, 3817790; 750026, 3817710; 
750106, 3817740; 750176, 3817720; 750266, 3817730; 750357, 3817790; 
750765, 3817740; 750777, 3817720; 750898, 3817700; 751017, 3817710; 
751077, 3817740; 751161, 3817690; 751409, 3817660; 751445, 3817670; 
751468, 3817710; 751498, 3817710; 751527, 3817650; 751560, 3817640; 
751620, 3817660; 751710, 3817650; 751769, 3817700; 751850, 3817700; 
751888, 3817720; 751966, 3817740; 752007, 3817760; 752091, 3817720; 
752142, 3817720; 752186, 3817730; 752185, 3817750; 752495, 3817790; 
752518, 3817760; 752668, 3817760; 752879, 3817730; 752929, 3817750; 
752925, 3817810; 752949, 3817900; 752963, 3817940; 752993, 3817950; 
753068, 3817800; 753148, 3817780; 753206, 3817790; 753231, 3818030; 
753260, 3818070; 753348, 3817820; 753388, 3817800; 753508, 3817790; 
753531, 3817840; 753535, 3817980; 753562, 3818010; 753593, 3817980; 
753651, 3817870; 753686, 3817860; 753760, 3817880; 753834, 3817950; 
753893, 3817970; 754161, 3818050; 754228, 3818090; 754245, 3818140; 
754992, 3818450; 755014, 3818420; 755141, 3818430; 755230, 3818480; 
755254, 3818520; 755249, 3818560; 755238, 3818660; 755250, 3818800; 
755280, 3818810; 755352, 3818670; 755375, 3818640; 755403, 3818640; 
755436, 3818760; 755489, 3818860; 755534, 3818820; 755575, 3818730; 
755586, 3818640; 755617, 3818590; 755647, 3818600; 755734, 3818700; 
755856, 3818650; 755927, 3818700; 756035, 3818670; 756077, 3818680; 
756044, 3818780; 756057, 3818950;

756151, 3818810; 756212, 3818780; 756333, 3818770; 756368, 3818790; 
756435, 3818880; 756455, 3818930; 756536, 3819010; 756550, 3818970; 
756603, 3818920; 756619, 3818790; 756561, 3818700; 756576, 3818670; 
756695, 3818650; 756758, 3818620; 756819, 3818620; 756895, 3818740; 
756927, 3818830; 756990, 3818880; 757011, 3818840; 757002, 3818750; 
757038, 3818660; 757063, 3818630; 757118, 3818620; 757178, 3818620; 
757209, 3818610; 757238, 3818620; 757267, 3818660; 757297, 3818670; 
757359, 3818610; 757379, 3818620; 757404, 3818640; 757436, 3818730; 
757436, 3818820; 757532, 3818850; 757582, 3818790; 757574, 3818680; 
757587, 3818610; 757606, 3818590; 757660, 3818580; 757720, 3818600; 
757802, 3818550; 757931, 3818540; 757966, 3818560; 757957, 3818660; 
758005, 3818750; 758001, 3818840; 758075, 3818930; 758071, 3818990; 
758100, 3819020; 758124, 3819140; 758214, 3819020; 758142, 3818900; 
758180, 3818840; 758179, 3818750; 758222, 3818690; 758314, 3818640; 
758323, 3818580; 758413, 3818500; 758482, 3818520; 758657, 3818550; 
758700, 3818600; 758708, 3818680; 758738, 3818690; 758794, 3818610; 
758848, 3818580; 758923, 3818550; 758952, 3818560; 759096, 3818660; 
759126, 3818770; 759157, 3818750; 759168, 3818660; 759189, 3818630; 
759278, 3818600; 759288, 3818480; 759316, 3818470; 759406, 3818450; 
759496, 3818470; 759573, 3818390; 759641, 3818380; 759681, 3818400; 
759695, 3818440; 759674, 3818620; 759727, 3818650; 759810, 3818650; 
759830, 3818290; 759919, 3818100; 759988, 3817930; 759729, 3817980; 
759478, 3818010; 759217, 3818010; 758902, 3818010; 758751, 3817980; 
758567, 3817930; 758397, 3817880; 758186, 3817920; 757595, 3817960; 
757096, 3817950; 756634, 3817920; 756455, 3817910; 756241, 3817920; 
755971, 3817930; 755452, 3817920; 755057, 3817910; 754820, 3817930; 
754772, 3818110; 754583, 3818130; 754488, 3818160; 754446, 3818160; 
754433, 3818070; 754463, 3817870;

754315, 3817820; 754240, 3817840; 754112, 3817820; 753820, 3817730; 
753689, 3817610; 753599, 3817600; 753438, 3817620; 753296, 3817610; 
753000, 3817580; 752956, 3817540; 752869, 3817530; 752688, 3817540; 
752379, 3817510; 752131, 3817480; 751813, 3817460; 751526, 3817460; 
751312, 3817510; 750941, 3817550; 750704, 3817560; 750557, 3817570; 
750473, 3817550; 750339, 3817500; 750192, 3817410; 750036, 3817370; 
749949, 3817400; 749771, 3817440; 748910, 3817700; 748606, 3817730; 
748344, 3817710; 748155, 3817660; 748066, 3817600; 748021, 3817510; 
747963, 3817420; 747899, 3817380; 747829, 3817340; 747690, 3817240; 
747620, 3817230; 747528, 3817260; 747464, 3817290; 747511, 3817540; 
747431, 3817590; 747177, 3817450; 747052, 3817370; 747124, 3817180; 
746926, 3817100; 746752, 3817050; 746670, 3817050; 746578, 3817060; 
746487, 3817020; 746259, 3816890; 746108, 3816830; 745972, 3816820; 
745461, 3816790; 745216, 3816760; 744860, 3816720; 744574, 3816570; 
744655, 3816460; 744621, 3816380; 744557, 3816360; 744428, 3816380; 
744368, 3816360; 744289, 3816330; 744207, 3816280; 744075, 3816240; 
743893, 3816240; 743710, 3816240; 743576, 3816260; 743444, 3816240; 
743168, 3816280; 743014, 3816260; 742907, 3816190; 742841, 3816110; 
742786, 3816080; 742114, 3816030; 741814, 3816010; 741507, 3816040; 
741374, 3816020; 741117, 3815950; 740983, 3815940; 740864, 3815940; 
740750, 3815960; 740635, 3815970; 740543, 3815950; 740437, 3815900; 
740266, 3815840; 740113, 3815800; 739992, 3815790; 739469, 3815780; 
739362, 3815750; 739187, 3815750; 738956, 3815760; 738749, 3815750; 
738472, 3815710; 738080, 3815640; 737729, 3815560; 737613, 3815520; 
737525, 3815480; 737454, 3815470; 737393, 3815480; 737297, 3815470; 
737212, 3815450; 737163, 3815410; 737122, 3815350; 737042, 3815190; 
737001, 3815130; 736814, 3815060; 736721, 3815050; 736557, 3815060; 
736302, 3815130; 735981, 3815170;

735719, 3815200; 735519, 3815240; 735387, 3815220; 735259, 3815220; 
735138, 3815230; 735020, 3815250; 734963, 3815240; 734861, 3815230; 
734761, 3815200; 734683, 3815120; 734653, 3815030; 734637, 3814960; 
734572, 3814910; 734287, 3814800; 734139, 3814700; 734071, 3814630; 
734016, 3814520; 734017, 3814450; 734027, 3814340; 734042, 3814260; 
734082, 3814180; 734048, 3814160; 734011, 3814160; 733934, 3814230; 
733834, 3814250; 733716, 3814250; 733702, 3814270; 733716, 3814320; 
733684, 3814390; 733652, 3814430; 733606, 3814450; 733538, 3814560; 
733527, 3814610; 733490, 3814670; 733419, 3814720; 733342, 3814740; 
733265, 3814750; 733224, 3814780; 733160, 3814830; 733076, 3814860; 
732793, 3814930; 732732, 3814910; 732641, 3814850; 732607, 3814870; 
732606, 3814890; 732579, 3814940; 732495, 3814940; 732452, 3814880; 
732429, 3814870; 732409, 3814850; 732351, 3814800; 732293, 3814790; 
732295, 3814840; 732329, 3814890; 732390, 3814980; 732384, 3815040; 
732395, 3815110; 732359, 3815260;

[[Page 67996]]

732288, 3815340; 732226, 3815410; 732195, 3815570; 732206, 3815670; 
732181, 3815720; 732154, 3815780; 732131, 3815820; 732140, 3815990; 
732154, 3816090; 732137, 3816570; 732072, 3816920; 732014, 3817200; 
731949, 3817400; 731910, 3817520; 731800, 3817760; 731742, 3818040; 
731657, 3818180; 731480, 3818350; 731486, 3818420; 731438, 3818490; 
731359, 3818520; 731311, 3818550; 731293, 3818620; 731188, 3818710; 
731058, 3818740; 731038, 3818760; 730986, 3818830; 730940, 3818840; 
730870, 3818930; 730821, 3818980; 730742, 3819010; 730632, 3819110; 
730576, 3819160; 730525, 3819280; 730501, 3819400; 730475, 3819460; 
730428, 3819550; 730389, 3819610; 730311, 3819710; 730243, 3819800; 
730184, 3819850; 730123, 3819880; 730054, 3819890; 729972, 3819900; 
729908, 3819960; 729891, 3820160; 729836, 3820260; 729809, 3820390; 
729758, 3820580; 729697, 3820730; 729633, 3820880; 729601, 3821000; 
729531, 3821140; 729499, 3821220; 729553, 3821600; 729546, 3821700; 
729521, 3821780; 729492, 3821790; 729615, 3821830; 729837, 3821770; 
757199, 3818110; 757102, 3818190; 757102, 3818260; 757275, 3818250; 
757269, 3818320; 757110, 3818360; 757113, 3818410; 757403, 3818400; 
757355, 3818550; 757183, 3818560; 757163, 3818530; 756943, 3818550; 
756500, 3818610; 756469, 3818590; 756433, 3818530; 756414, 3818460; 
756427, 3818410; 756466, 3818340; 756486, 3818270; 756489, 3818230; 
756531, 3818140; 756558, 3818050; 756611, 3818000; 756698, 3817970; 
756884, 3817980; 757199, 3817990; 757199, 3818110.
    (ii) Note: Map 3 follows:

BILLING CODE 4310-55-P

[[Page 67997]]

[GRAPHIC] [TIFF OMITTED] TR07NO02.002

BILLING CODE 4310-55-C

[[Page 67998]]

    (6) Santa Ynez Mountains Unit (Gaviota tarplant): Santa Barbara 
County, California.
    (i) From USGS 1:24,000 quadrangle maps Santa Rosa Hills and Sacate, 
lands bounded by the following UTM zone 10 NAD83 coordinates (E,N): 
747710, 3821530; 747708, 3821520; 747676, 3821490; 747651, 3821470; 
747601, 3821430; 747545, 3821390; 747491, 3821350; 747409, 3821330; 
747383, 3821320; 747323, 3821300; 747288, 3821300; 747240, 3821300; 
747204, 3821310; 747150, 3821330; 747123, 3821340; 747104, 3821350; 
747051, 3821380; 747023, 3821380; 746956, 3821370; 746929, 3821340; 
746918, 3821330; 746903, 3821290; 746900, 3821270; 746909, 3821240; 
746925, 3821220; 746945, 3821200; 746980, 3821180; 746998, 3821150; 
747011, 3821140; 747023, 3821130; 747042, 3821120; 747072, 3821090; 
747081, 3821080; 747092, 3821050; 747102, 3820980; 747108, 3820960; 
747124, 3820950; 747134, 3820940; 747194, 3820930; 747216, 3820900; 
747220, 3820890; 747230, 3820860; 747231, 3820820; 747257, 3820730; 
747344, 3820660; 747492, 3820540; 747783, 3820400; 747831, 3820350; 
747902, 3820290; 747931, 3820270; 747964, 3820290; 748102, 3820440; 
748147, 3820460; 748170, 3820470; 748195, 3820490; 748232, 3820520; 
748257, 3820540; 748280,

3820550; 748291, 3820550; 748302, 3820560; 748327, 3820560; 748414, 
3820560; 748453, 3820560; 748519, 3820590; 748575, 3820620; 748619, 
3820630; 748688, 3820640; 748735, 3820650; 748763, 3820670; 748818, 
3820700; 748851, 3820700; 748954, 3820700; 749061, 3820700; 749095, 
3820700; 749112, 3820710; 749147, 3820720; 749226, 3820770; 749243, 
3820780; 749266, 3820790; 749372, 3820810; 749400, 3820820; 749469, 
3820860; 749504, 3820870; 749523, 3820880; 749552, 3820880; 749571, 
3820870; 749603, 3820870; 749628, 3820870; 749660, 3820880; 749701, 
3820900; 749744, 3820910; 749769, 3820910; 749821, 3820900; 749835, 
3820900; 749872, 3820910; 749904, 3820930; 749930, 3820930; 749955, 
3820930; 749978, 3820930; 749993, 3820920; 750000, 3820910; 750004, 
3820890; 749997, 3820860; 749973, 3820830; 749923, 3820800; 749904, 
3820790; 749855, 3820770; 749775, 3820760; 749715, 3820760; 749636, 
3820760; 749603, 3820750; 749530, 3820730; 749517, 3820720; 749505, 
3820710; 749493, 3820690; 749501, 3820660; 749503, 3820630; 749496, 
3820600; 749487, 3820570; 749462, 3820540; 749453, 3820540; 749438, 
3820530; 749461, 3820510; 749484, 3820500; 749507, 3820490; 749537, 
3820490; 749572, 3820500; 749579, 3820500; 749796, 3820530; 749832, 
3820540; 749862, 3820550; 749929, 3820570; 749949, 3820570; 749966, 
3820580; 749989, 3820580; 750012, 3820590; 750089, 3820610; 750158, 
3820640; 750184, 3820650; 750247, 3820680; 750281, 3820680; 750303, 
3820680; 750372, 3820690; 750384, 3820700; 750439, 3820700; 750562, 
3820750; 750616, 3820770; 750713, 3820810; 750817, 3820820; 750846, 
3820830; 750863, 3820840; 750913, 3820880; 750979, 3820920; 751051, 
3820980; 751112, 3820970; 751231, 3820960; 751357, 3820950; 751454, 
3820940; 751527, 3820930; 751526, 3820920; 751511, 3820900; 751475, 
3820850; 751439, 3820820; 751394, 3820800; 751365, 3820770; 751308, 
3820700; 751281, 3820680; 751240, 3820660; 751221, 3820640; 751199, 
3820600; 751187, 3820590; 751180, 3820580; 751160, 3820570; 751128, 
3820570; 751117, 3820570; 751117, 3820580; 751132, 3820620; 751136, 
3820650; 751136, 3820670; 751128, 3820700; 751110, 3820720; 751088, 
3820720; 751079, 3820720; 751072, 3820710; 751063, 3820700; 751051, 
3820680; 751045, 3820630; 751037, 3820610; 751020, 3820580; 750988, 
3820520; 750974, 3820490; 750963, 3820490; 750862, 3820490; 750796, 
3820490; 750753, 3820470; 750731, 3820450; 750710, 3820430; 750682, 
3820410; 750664, 3820400; 750627, 3820400; 750555, 3820400; 750536, 
3820390; 750509, 3820360; 750492, 3820350; 750473, 3820350; 750447, 
3820340; 750440, 3820340; 750379, 3820330; 750282, 3820340; 750250, 
3820340; 750223, 3820330; 750193, 3820310; 750158, 3820280; 750133, 
3820270; 750092, 3820250; 750071, 3820240; 750048, 3820240; 750041, 
3820230; 750006, 3820230; 749986, 3820230; 749952, 3820230; 749894, 
3820250; 749817, 3820250; 749801, 3820250; 749762, 3820230; 749707, 
3820230; 749675, 3820230; 749618, 3820240; 749569, 3820240; 749519, 
3820240; 749496, 3820230; 749437, 3820200; 749399, 3820190; 749341, 
3820180; 749290, 3820160; 749260, 3820150; 749099, 3820140; 749049, 
3820130; 749011, 3820120; 748982, 3820110; 748938, 3820100; 748865, 
3820100; 748821, 3820100; 748769, 3820120; 748730, 3820130; 748701, 
3820140; 748687, 3820130; 748627, 3820110; 748581, 3820090; 748546, 
3820080; 748405, 3820070; 748383, 3820080; 748312, 3820060; 748253, 
3820050; 748154, 3820000; 748104, 3819990; 748028,

3819980; 747992, 3819970; 747956, 3819940; 747893, 3819900; 747769, 
3819840; 747743, 3819840; 747709, 3819860; 747678, 3819920; 747637, 
3820020; 747587, 3820130; 747517, 3820240; 747435, 3820300; 747375, 
3820310; 747303, 3820310; 747192, 3820300; 747186, 3820290; 747106, 
3820280; 747099, 3820280; 747069, 3820270; 746957, 3820260; 746946, 
3820250; 746934, 3820240; 746925, 3820220; 746929, 3820190; 746939, 
3820150; 746934, 3820120; 746913, 3820090; 746895, 3820080; 746824, 
3820060; 746808, 3820060; 746784, 3820010; 746775, 3820000; 746766, 
3820000; 746732, 3819990; 746725, 3819990; 746679, 3819980; 746663, 
3819990; 746615, 3819980; 746602, 3819980; 746588, 3819980; 746575, 
3819990; 746548, 3820010; 746512, 3820040; 746477, 3820040; 746431, 
3820030; 746422, 3820030; 746369, 3820010; 746299, 3820000; 746264, 
3820010; 746246, 3820010; 746218, 3820020; 746211, 3820020; 746163, 
3820020; 746149, 3820020; 746133, 3820010; 746095, 3819970; 746083, 
3819960; 746061, 3819960; 746055, 3819950; 746026, 3819960; 746009, 
3819960; 745999, 3819970; 745982, 3819990; 745948, 3820070; 745937, 
3820100; 745935, 3820120; 745945, 3820160; 745956, 3820170; 745993, 
3820210; 746037, 3820230; 746052, 3820240; 746062, 3820250; 746133, 
3820300; 746166, 3820310; 746196, 3820330; 746236, 3820330; 746263, 
3820330; 746287, 3820330; 746322, 3820320; 746393, 3820310; 746405, 
3820310; 746414, 3820320; 746424, 3820330; 746428, 3820340; 746430, 
3820400; 746426, 3820400; 746417, 3820430; 746397, 3820460; 746372, 
3820490; 746349, 3820500; 746332, 3820510; 746312, 3820530; 746274, 
3820570; 746248, 3820590; 746230, 3820610; 746212, 3820620; 746163, 
3820630; 746109, 3820630; 746091, 3820630; 746076, 3820620; 746053, 
3820600; 746002, 3820540; 745988, 3820530; 745975, 3820520; 745909, 
3820500; 745788, 3820490; 745755,

3820480; 745708, 3820450; 745610, 3820390; 745574, 3820360; 745531, 
3820330; 745439, 3820290; 745426, 3820280; 745412, 3820260; 745398, 
3820220; 745385, 3820200; 745359, 3820160; 745342, 3820150; 745264, 
3820110; 745221, 3820080; 745194, 3820060; 745171, 3820050; 745162, 
3820050; 745084, 3820060; 745047, 3820050; 744936, 3819990; 744905, 
3819980; 744861, 3819950; 744835, 3819950; 744777, 3819920; 744735, 
3819900; 744710, 3819900; 744657, 3819880; 744623, 3819860; 744601, 
3819850; 744571, 3819840; 744564,

[[Page 67999]]

3819840; 744491, 3819840; 744417, 3819840; 744390, 3819830; 744322, 
3819810; 744251, 3819800; 744196, 3819800; 744182, 3819790; 744151, 
3819780; 744114, 3819780; 744079, 3819790; 744047, 3819800; 743990, 
3819800; 743937, 3819800; 743889, 3819860; 743826, 3819960; 743779, 
3819990; 743727, 3820040; 743686, 3820090; 743644, 3820130; 743636, 
3820170; 743695, 3820200; 743722, 3820210; 743728, 3820210; 743765, 
3820220; 743789, 3820230; 743915, 3820270; 744011, 3820290; 744069, 
3820310; 744084, 3820320; 744211, 3820370; 744227, 3820370; 744261, 
3820370; 744279, 3820360; 744312, 3820350; 744385, 3820310; 744408, 
3820300; 744427, 3820300; 744509, 3820310; 744566, 3820300; 744600, 
3820310; 744613, 3820310; 744626, 3820330; 744623, 3820390; 744627, 
3820410; 744637, 3820420; 744670, 3820450; 744685, 3820460; 744716, 
3820490; 744745, 3820510; 744777, 3820530; 744799, 3820510; 744804, 
3820500; 744807, 3820480; 744803, 3820460; 744790, 3820430; 744779, 
3820420; 744770, 3820390; 744779, 3820370; 744801, 3820350; 744864, 
3820330; 744905, 3820320; 744972, 3820320; 745028, 3820310; 745135, 
3820280; 745158, 3820280; 745180, 3820290; 745194, 3820300; 745217, 
3820360; 745251, 3820400; 745255, 3820430; 745259, 3820490; 745268, 
3820560; 745286, 3820620; 745283, 3820650; 745271, 3820660; 745253, 
3820660; 745226, 3820650; 745142, 3820600; 745123, 3820590; 745100, 
3820590; 745073, 3820580; 745063, 3820580; 745049, 3820590; 745051, 
3820620; 745062, 3820630; 745084, 3820650; 745133, 3820660; 745150, 
3820670; 745182, 3820700; 745208, 3820710; 745288, 3820720; 745325, 
3820730; 745336, 3820730; 745364, 3820740; 745403, 3820770; 745431,

3820790; 745449, 3820800; 745496, 3820810; 745511, 3820820; 745534, 
3820840; 745548, 3820860; 745578, 3820870; 745751, 3820870; 745803, 
3820880; 745829, 3820890; 745845, 3820910; 745858, 3820940; 745863, 
3820960; 745890, 3821020; 745916, 3821060; 745944, 3821080; 746103, 
3821120; 746154, 3821140; 746180, 3821160; 746198, 3821230; 746218, 
3821250; 746237, 3821260; 746278, 3821260; 746308, 3821270; 746324, 
3821270; 746375, 3821270; 746457, 3821250; 746488, 3821240; 746514, 
3821230; 746519, 3821230; 746536, 3821220; 746550, 3821230; 746591, 
3821270; 746623, 3821290; 746636, 3821300; 746665, 3821310; 746691, 
3821330; 746719, 3821370; 746733, 3821390; 746772, 3821460; 746857, 
3821540; 746868, 3821540; 746894, 3821550; 746969, 3821550; 746986, 
3821550; 747014, 3821560; 747062, 3821580; 747092, 3821600; 747145, 
3821600; 747181, 3821600; 747194, 3821590; 747266, 3821540; 747285, 
3821530; 747315, 3821530; 747344, 3821530; 747377, 3821530; 747397, 
3821550; 747399, 3821550; 747428, 3821590; 747710, 3821530.

Family Hydrophyllaceae: Eriodictyon capitatum (Lompoc yerba santa)

    (1) Critical habitat units are depicted for Santa Barbara County, 
California, on the maps below.
    (2) The primary constituent elements of critical habitat for 
Eriodictyon capitatum are the habitat components that provide:
    (i) Soils with a large component of sand and that tend to be 
acidic; and
    (ii) Plant communities that support associated species, including 
maritime chaparral, particularly where the following associated species 
are found: Dendromecon rigida (bush poppy), Quercus berberidifolia 
(California scrub oak), Quercus parvula (Santa Cruz Island scrub oak), 
and Ceanothus cuneatus (buck brush); and in southern bishop pine 
forests that intergrade with chaparral Arctostaphylos spp. (manzanita) 
and Salvia mellifera (black sage).
    (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.
    (4) Critical Habitat Map Units
    Data layers defining map units were mapped using Universal 
Transverse Mercator (UTM) coordinates.
    (5) Santa Ynez Mountains Unit (Lompoc yerba santa). Santa Barbara 
County, California
    (i) From USGS 1:24,000 quadrangle maps Lompoc Hills, Point 
Conception, Sacate, lands bounded by the following UTM zone 10 NAD83 
coordinates (E,N): 739493, 3817820; 739352, 3817850; 739008, 3817860; 
738828, 3817800; 738440, 3817810; 738377, 3817820; 738294, 3817900; 
738288, 3817900; 738104, 3817960; 738034, 3817960; 738028, 3817900; 
738026, 3817900; 737925, 3817940; 737892, 3817950; 737726, 3817950; 
737666, 3818000; 737619, 3817970; 737540, 3817910; 737423, 3817890; 
737416, 3817960; 737414, 3818040; 737489, 3818070; 737612, 3818160; 
737622, 3818190; 737676, 3818230; 737715, 3818280; 737744, 3818320; 
737757, 3818380; 737791, 3818440; 737809, 3818500; 737838, 3818550; 
737862, 3818600; 737916, 3818660; 737924, 3818710; 737903, 3818760; 
737865, 3818820; 737823, 3818880; 737791, 3818950; 737804, 3819010; 
737791, 3819100; 737774, 3819180; 737701, 3819270; 737662, 3819360; 
737624, 3819450; 737611, 3819560; 737633, 3819670; 737661, 3819750; 
737679, 3819800; 737708, 3819870; 737731, 3819930; 737729, 3820000; 
737717, 3820070; 737725, 3820140; 737753, 3820210; 737777, 3820240; 
737816, 3820290; 737829, 3820360; 737868, 3820430; 737942, 3820490; 
738005, 3820560; 738019, 3820610; 737996, 3820700; 737947, 3820820; 
737893, 3820930; 737840, 3821030; 737813, 3821090; 737897, 3821130; 
738005, 3821060; 738136, 3821070; 738167, 3821060; 738214, 3821020; 
738264, 3821030; 738308, 3821050; 738328, 3821090; 738373, 3821110; 
738439, 3821080; 738520, 3821060; 738581, 3821060; 738652, 3821060; 
738698, 3821030; 738759, 3821030; 738830, 3821010; 738891, 3821010; 
738951, 3821010; 739027, 3821020; 739077, 3821020; 739111, 3821060; 
739161, 3821090; 739227, 3821090; 739288, 3821070; 739384, 3821050; 
739541, 3821060; 739607, 3821020; 739669, 3820990; 739714, 3821020; 
739762, 3821080; 739796, 3821140; 739825, 3821180; 739969, 3821260; 
740158, 3821340; 740234, 3821350; 740295, 3821320; 740387, 3821280; 
740453, 3821280; 740503, 3821280; 740575, 3821270; 740631, 3821250; 
740677, 3821220; 740710, 3821150; 740767, 3821070; 740784, 3821010; 
740786, 3820950; 740822, 3820930; 740869, 3820870; 740917, 3820790; 
740919, 3820720; 740917, 3820630; 740945, 3820540; 741007, 3820480; 
741084, 3820430; 741186, 3820400; 741298, 3820400; 741383, 3820400; 
741510, 3820380; 741666, 3820390; 741747, 3820400; 741808, 3820400; 
741863, 3820390; 741990, 3820390; 742184, 3820310; 742250, 3820300; 
742356, 3820290; 742458, 3820280; 742554, 3820270; 742604, 3820280; 
742645, 3820260; 742690, 3820260; 742741, 3820260; 742817, 3820270; 
742907, 3820270; 742973, 3820280; 743029, 3820250; 743100, 3820250; 
743139, 3820280; 743224, 3820310; 743315, 3820320; 743406, 3820320; 
743461, 3820320; 743528, 3820300; 743579, 3820260; 743632, 3820200; 
743644, 3820130; 743686, 3820090; 743727, 3820040; 743779, 3819990; 
743826, 3819960; 743857, 3819910; 743889, 3819860; 743926, 3819820; 
743958, 3819770; 743999, 3819720; 744026, 3819680; 744028, 3819620; 
744039, 3819570; 744061, 3819530; 744067, 3819490; 744074, 3819420; 
744096, 3819360;

[[Page 68000]]

744108, 3819300; 744104, 3819260; 744146, 3819210; 744162, 3819170; 
744190, 3819080; 744211, 3819050; 744228, 3819020; 744244, 3818970; 
744300, 3818940; 744347, 3818910; 744373, 3818900; 744394, 3818840; 
744417, 3818780; 744403, 3818730; 744383, 3818720; 744395, 3818650; 
744401, 3818620; 744407, 3818580; 744388, 3818560; 744376, 3818540; 
744260, 3818520; 744138, 3818530; 744059, 3818550; 743870, 3818540; 
743706, 3818470; 743584, 3818440; 743363, 3818350; 743096, 3818380; 
742902, 3818290; 742736, 3818260; 742563, 3818270; 742371, 3818150; 
742218, 3818120; 742033, 3818130; 741925, 3818110; 741699, 3818060; 
741574, 3818050; 741405, 3818040; 741236, 3817980; 741084, 3817970; 
740947, 3817980; 740756, 3817980; 740697, 3817920; 740515, 3817850; 
740279, 3817860; 740080, 3817930; 739907, 3817850; 739493, 3817820.
    (6) Solomon Hills Unit. Santa Barbara County, California.
    (i) From USGS 1:24,000 quadrangle map Orcutt, lands bounded by the 
following UTM zone 10 NAD83 coordinates (E,N): 737417, 3856100; 737363, 
3856080; 737307, 3856040; 737239, 3856000; 737175, 3856000; 737140, 
3856010; 737105, 3856070; 737059, 3856130; 736981, 3856170; 736919, 
3856190; 736825, 3856180; 736785, 3856210; 736755, 3856250; 736747, 
3856310; 736677, 3856370; 736618, 3856410; 736583, 3856440; 736581, 
3856480; 736669, 3856620; 736664, 3856670; 736629, 3856680; 736545, 
3856600; 736451, 3856570; 736373, 3856590; 736298, 3856650; 736258, 
3856730; 736239, 3856830; 736217, 3856960; 736147, 3857020; 736067, 
3857040; 736018, 3857030; 735919, 3856920; 735881, 3856830; 735798, 
3856740; 735620, 3856630; 735534, 3856390; 735378, 3856240; 735233, 
3856110; 735139, 3856060; 735052, 3856040; 734942, 3856040; 734875, 
3856060; 734778, 3856160; 734716, 3856270; 734705, 3856380; 734792, 
3856490; 734985, 3856680; 734902, 3856760; 734811, 3856770; 734747, 
3856930; 734572, 3857050; 734549, 3857170; 734576, 3857260; 734640, 
3857350; 734687, 3857490; 734576, 3857560; 734488, 3857710; 734512, 
3857810; 734582, 3857880; 734687, 3857900; 734802, 3857860; 734945, 
3857850; 735007, 3857890; 735042, 3857970; 735063, 3858170; 735141, 
3858250; 735367, 3858250; 735539, 3858220; 735720, 3858150; 735768, 
3858170; 735803, 3858200; 735870, 3858370; 735919, 3858410; 736045, 
3858370; 736228, 3858140; 736354, 3858150; 736497, 3858060; 736637, 
3858070; 736403, 3858210; 736363, 3858320; 736363, 3858410; 736384, 
3858450; 736443, 3858460; 736494, 3858470; 736519, 3858500; 736497, 
3858560; 736446, 3858650; 736287, 3858850; 736024, 3859120; 735900, 
3859270; 735905, 3859310; 735935, 3859340; 735972, 3859350; 736126, 
3859280; 736336, 3859170; 736524, 3859030; 736580, 3859030; 736605, 
3859080; 736607, 3859190; 736683, 3859240; 736779, 3859250; 736868, 
3859260; 737000, 3859190; 737102, 3859190; 737186, 3859210; 737240, 
3859240; 737430, 3859200; 737572, 3859160; 737721, 3859160; 737818, 
3859200; 737915, 3859040; 737934, 3858970; 738022, 3858840; 738108, 
3858670; 738286, 3858510; 738364, 3858370; 738498, 3858350; 738646, 
3858230; 738754, 3858160; 738859, 3858100; 738907, 3858050; 738905, 
3857960; 738883, 3857860; 738810, 3857710; 738808, 3857600; 738811, 
3857490; 738800, 3857370; 738770, 3857240; 738734, 3857130; 738675, 
3857000; 738613, 3856960; 738509, 3856890; 738452, 3856830; 738398, 
3856710; 738240, 3856630; 738188, 3856580; 738149, 3856550; 738100, 
3856580; 738059, 3856570; 737904, 3856510; 737780, 3856510; 737635, 
3856540; 737608, 3856510; 737632, 3856470; 737687, 3856410; 737833, 
3856320; 737890, 3856260; 737928, 3856160; 737869, 3856080; 737787, 
3855920; 737740, 3855950; 737651, 3856020; 737576, 3856050; 737484, 
3856100; 737417, 3856100.
    (ii) Note: Map 4 follows:
BILLING CODE 4310-55-P

[[Page 68001]]

[GRAPHIC] [TIFF OMITTED] TR07NO02.003


    Dated: October 25, 2002.
Paul Hoffman,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-27873 Filed 11-6-02; 8:45 am]
BILLING CODE 4310-55-C