[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Rules and Regulations]
[Pages 8839-8861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4225]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AT57


Endangered and Threatened Wildlife and Plants; Final Rule To 
Designate Critical Habitat for the Santa Ana Sucker (Catostomus 
santaanae)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for the Santa Ana sucker (Catostomus santaanae) 
pursuant to the

[[Page 8840]]

Endangered Species Act of 1973, as amended (Act). This threatened 
species is now restricted to three noncontiguous populations in three 
different stream systems in southern California: The lower and middle 
Santa Ana River in San Bernardino, Riverside, and Orange counties; the 
East, West, and North Forks of the San Gabriel River in Los Angeles 
County; and lower Big Tujunga Creek in Los Angeles County (Moyle et al. 
1995, Swift et al. 1993).

DATES: This rule becomes effective on February 26, 2004.

ADDRESSES: The supporting information used in this rulemaking is 
available for inspection, by appointment, during normal business hours 
at the U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife 
Office, 6010 Hidden Valley Road, Carlsbad, California 92009.

FOR FURTHER INFORMATION CONTACT: Jim Bartel at the address listed above 
(telephone 760/431-9440 or facsimile 760/431-9618).

SUPPLEMENTARY INFORMATION:

Background

    The Santa Ana sucker inhabits streams that are generally small and 
shallow, with currents ranging from swift (in canyons) to slow (in the 
bottomlands). All the streams are subject to periodic severe flooding 
(Moyle 1976). Santa Ana suckers appear to be most abundant where the 
water is cool (less than 22 Celsius [C]) (72 
Fahrenheit), unpolluted and clear, although they can 
tolerate and survive in seasonally turbid water (Moyle 1976, Moyle and 
Yoshiyama 1992, Saiki 2000). Santa Ana suckers feed mostly on algae, 
which they scrape off of rocks and other hard substrates, with aquatic 
insects making up a very small component of their diet. Larger fish 
generally feed more on insects than do smaller fish (Greenfield et al. 
1970, Moyle 1976).
    Santa Ana suckers generally live no more than 3 years (Greenfield 
et al. 1970). Spawning generally occurs from early April to early July. 
A peak in spawning activity occurs in late May and June (Greenfield et 
al. 1970, Moyle 1976). However, the spawning period may be variable and 
protracted. Recent field surveys on the East Fork of the San Gabriel 
River found evidence of an extended spawning period. These surveys 
found small juveniles (less than 30 millimeters [mm] standard length 
(1.2 inch [in]) in December 1998, and March of 1999 at the San Gabriel 
River site (Saiki 2000). These data indicate that spawning may be very 
protracted in this stream, and begin as early as November. Fecundity 
appears to be exceptionally high for a small sucker species (Moyle 
1976). Total fecundity of six females varying in size from 78 mm (3.1 
in) to 158 mm (6.2 in) ranged from 4,423 to 16,151 eggs, respectively 
(Greenfield et al. 1970). The combination of early sexual maturity, 
protracted spawning period, and high fecundity should allow the Santa 
Ana sucker to quickly repopulate streams following periodic flood 
events that can decimate populations (Moyle 1976).
    The Santa Ana sucker appears to be native to the larger streams of 
the Los Angeles Basin; the Los Angeles, San Gabriel, and Santa Ana 
River drainage systems in Los Angeles, Orange, Riverside, and San 
Bernardino counties (Smith 1966). Although historic records are scarce, 
Santa Ana suckers presumably ranged from near the Pacific Ocean to the 
uplands of the Los Angeles and San Gabriel river systems, and to at 
least Pump House 1 (near the San Bernardino National Forest 
boundary) in the Santa Ana River (Swift et al. 1993). The species has 
experienced declines throughout most of its range (Moyle et al. 1995; 
Swift et al. 1993), and is now restricted to three noncontiguous 
populations: (1) Lower and middle Santa Ana River; (2) East, West, and 
North Forks of the San Gabriel River; and (3) lower Big Tujunga Creek.

Reasons for Dispensing With Notice and Comment Procedures and Making 
the Rule Immediately Effective

    The Administrative Procedure Act (APA) generally requires that an 
agency provide public notice of and an opportunity for public comment 
on all proposed rulemakings (5 U.S.C. 553). However, section 553(b)(B) 
recognizes an exception to those requirements when for good cause an 
agency finds (and incorporates the finding and a brief statement of the 
reasons therefore into the rule) that notice and public procedure 
thereon are ``impracticable, unnecessary or contrary to the public 
interest.'' Similarly, section 553(d) of the APA allows publication of 
a final rule to take effect immediately upon publication if the agency 
for good cause so provides in the final rule. The Service finds good 
cause exists with regard to this final rule designating critical 
habitat for the Santa Ana sucker to forgo the standard notice and 
comment procedure provided by the APA because compliance with that 
procedure would be impracticable and contrary to the public interest 
within the meaning of 5 U.S.C. 553(b)(B). The Service further finds 
good cause under 5 U.S.C. 553(d) to make this final rule effective 
immediately upon publication in the Federal Register. The bases for our 
``good cause'' findings are summarized below.
    The Service is required by court order to designate critical 
habitat for the Santa Ana sucker by February 21, 2004. We have 
determined that we do not have sufficient time or budgetary resources 
to promulgate this rule under the standard notice-and-comment 
procedures mandated by the APA at 5 U.S.C. 533 and still meet the 
court's deadline. On February 26, 2003, the United States District 
Court for the Northern District of California held that the Service had 
failed to designate critical habitat for the listed populations of 
Santa Ana sucker within the statutory timeframe and ordered the Service 
to complete a final critical habitat designation for the Santa Ana 
sucker by February 21, 2004 (California Trout v. DOI, No. 97-3779 
(N.D.Cal.)). However, due to lack of funding, the Service was unable to 
begin work on the critical habitat designation in Fiscal Year (FY) 
2003. Complying with numerous court orders and court-approved 
settlement agreements caused the Service to exhaust essentially its 
entire FY 2003 budget for critical habitat designations by the end of 
July, well before the end of the fiscal year. Anticipating this result, 
the Service suspended work on a number of designations that were 
required by court orders or settlement agreements until additional 
funding became available. This included the designation of critical 
habitat for the Santa Ana sucker.
    The Service initiated work on the proposed designation for the 
Santa Ana sucker on October 1, 2003, the beginning of FY 2004, even 
though we had not yet received a final appropriation for this fiscal 
year. As soon as we received a final appropriation, we requested more 
time from the district court to complete a proposed and final 
designation. In our request we documented for the court the numerous 
steps that must be completed in order to promulgate a final critical 
habitat rule and time required to complete those steps and produce a 
legally defensible rule. We projected that a period of 24 months 
beginning on October 1, 2003, would be required to comply with 
applicable statutory requirements, including the mandated public review 
process. However, the court declined to grant our motion for additional 
time in her January 30, 2004, ruling from the bench, thereby keeping in 
effect the order that the Service complete a final critical habitat 
designation by February 21, 2004. Compliance with the APA-required 
notice-and-public comment procedure in promulgating a final critical 
habitat

[[Page 8841]]

designation for the Santa Ana sucker is impracticable given the 
Service's inability to work on the rule in FY 2003 due to inadequate 
budgetary resources and the inadequate 4.5-month time period available 
in FY 2004 to publish a proposed rule, allow for public comment, 
complete an economic analysis of the proposed designation, respond to 
public comment, and finalize the critical habitat designation. 
Therefore, we find good cause for and invoke the exception under 
section 553(b)(B) of the APA to publish this final rule without 
following the standard public notice and comment procedure.
    In its 2003 order, the court also enjoined the Service from 
consulting under section 7(a)(2) of the Act until we publish a final 
rule designating critical habitat for the Santa Ana sucker. Under 
section 7, each Federal agency is required to consult with us to ensure 
that any action authorized, funded, or carried out by such agency is 
not likely to jeopardize the continued existence of any listed species 
or result in the adverse modification of the designated critical 
habitat, if any, of the species. Consultation ensures that impacts to 
listed species are fully considered by the Federal action agency before 
it proceeds with the proposed action; consultation also ensures that 
the action does not go forward if it is likely to jeopardize the 
continued existence of the species. In addition, where we conclude that 
the proposed Federal action is not likely to jeopardize the species, 
section 7 requires us to prescribe reasonable and prudent measures, and 
specific terms and conditions to implement those measures, which the 
action agency, and its applicant, if any, must carry out to minimize 
the impacts of any take of a listed animal species likely to result 
from the proposed Federal action (16 U.S.C. 1536(b)(4)).
    As a consequence of the injunction on consulting on any proposed 
Federal action that may affect the Santa Ana sucker, Federal action 
agencies and the Service are unable to meet our respective 
responsibilities pursuant to section 7(a)(2) of the Act. In the case of 
emergencies involving imminent risks to human health and safety (e.g., 
replacement of bridges threatened by floods), Federal agencies may be 
forced to undertake the projects absent consultation with us and thus 
without benefit of our determination regarding potential jeopardy and 
identification of reasonable and prudent alternatives to the proposed 
action that would avoid jeopardy. In addition, where such projects are 
not likely to result in jeopardy, the proscription on consultation 
eliminates our ability to identify reasonable and prudent measures to 
minimize the impacts of take on the sucker resulting from the proposed 
project. We are currently precluded from consulting with agencies even 
after the emergency has passed to evaluate the impacts of the emergency 
actions on the Santa Ana sucker and provide measures to the agencies to 
minimize the effects of any take on the species. Our current inability 
to complete section 7 consultations constitutes an emergency posing a 
significant risk to the well-being of Santa Ana sucker because of our 
inability to evaluate and minimize or eliminate threats to the species 
from proposed Federal actions that are also necessary to protect public 
health and safety.
    In addition, the injunction has had the immediate effect of 
significantly delaying the orderly, expeditious, and timely completion 
of projects that are currently being planned and are needed to protect 
human life and safety. Examples of projects that would affect the 
sucker that have been delayed as a result of the Court's injunction 
include the replacement of the Van Buren Boulevard Bridge to meet 
seismic safety standards and the replacement of the River Road Bridge 
due to flooding.
    The Van Buren Boulevard bridge replacement project in Riverside 
County would replace the existing bridge with a new longer span that 
would have no support pilings within the stream channel and increase 
the width of the bridge from two lanes to four lanes. The bridge is 
being replaced because of the need to meet updated seismic safety 
requirements. This bridge provides the only crossing of the Santa Ana 
River for a 9-mile radius. In the next 40 years, there is an 80 percent 
chance for an earthquake to occur that can damage or destroy the 
existing bridge. This bridge provides for local traffic between City of 
Riverside and the communities of Pedley, Glen Avon, Mira Loma, and 
Jurupa. Average daily traffic at this Santa Ana River bridge crossing 
in 2001 was 54,300 vehicles. The 2005 traffic projection at this 
location is 57,500 average daily vehicles. An earthquake of this 
magnitude would eliminate an important bridge crossing of the Santa Ana 
River for local use and emergency vehicles. The driving distance would 
increase by as much as nine miles for emergency response vehicles. The 
Federal Highway Administration requested initiation of formal 
consultation on this project with the Service on November 14, 2002, to 
address effects of project implementation on the Santa Ana sucker and 
least Bell's vireo. The biological opinion was due to be issued on 
March 29, 2003.
    The replacement of the River Road bridge is necessary because the 
existing bridge is at high risk of being damaged by high flows in the 
Santa Ana River. The River Road bridge is particularly sensitive to 
high flows because of its low clearance above the existing riverbed. 
During high flows, large amounts of sediment and debris are deposited 
adjacent to the bridge causing floodwaters to overtop the bridge. Under 
these flood conditions, the high flows will eventually push the bridge 
off its pilings and cause a catastrophic loss of the bridge. Riverside 
County estimates that if two or more 2-year storm events were to occur 
consecutively, the bridge may be shifted off its pilings and portions 
of the bridge could be destroyed. In the last 10 years, the existing 
bridge and approach roadways were closed to traffic four times because 
the bridge had been shifted off its pilings as a result of floodwaters. 
Although a sand mining operation has been implemented as a temporary 
measure to provide additional freeboard for flood flows, this measure 
will not be sufficient to protect the River Road bridge if multiple and 
consecutive storms affect this watershed. Therefore, the replacement of 
the existing River Road bridge with a new bridge that provides a 
greater clearance above the existing riverbed is needed. Replacement of 
the River Road bridge had been anticipated to be completed in 2006 and 
requires funding from the Federal Highway Administration. Because 
replacement of the bridge ``may affect'' the Santa Ana sucker, a 
section 7 consultation with Federal Highway Administration will be 
required. In addition to providing traffic circulation to residents, 
the existing River Road bridge is the only emergency vehicle access 
route across the Santa Ana River within a 7-mile radius for the cities 
of Norco and Corona and unincorporated Riverside County. If the River 
Road bridge is damaged by storms and cannot be used, then driving 
distance for emergency response vehicles will be increased by at least 
seven miles.
    As described by the above examples, the injunction has resulted in 
delays for projects that are needed to protect human life and safety. 
The injunction and ensuing delays may very well be the root cause of 
future emergencies that involve imminent risks to human health and 
safety because the Federal action agency was unable to complete their 
projects in an orderly, expeditious, and timely manner. For example, 
the delay

[[Page 8842]]

in completing the bridge replacement projects significantly increases 
the risk of catastrophic losses of these bridges from seismic and 
flooding events and significant delays in providing emergency response 
services.
    As is the nature of rivers and weather, flood events can happen 
swiftly and unpredictably with dire consequences to human health and 
safety and loss of property. Structures and property along the Santa 
Ana River are at risk from emergency flood events. Apart from the 
specific projects identified above, other emergency conditions along 
the Santa Ana River may be avoided by the orderly, expeditious, and 
timely completion of the draft Programmatic Consultation on the Santa 
Ana Sucker Conservation Program and Associated Maintenance and 
Operation Activities of Existing Water Facilities on the Santa Ana 
River (SAS Programmatic Consultation). For example, Riverside County 
Flood Control and Water Conservation District (RCFCD) could receive 
authorization from the U.S. Army Corps of Engineers to maintain the 
structural integrity of levees and groins that protect industrial, 
commercial, and residential property along the Santa Ana River as a 
result of the SAS Programmatic Consultation. The RCFCD has predicted 
that the loss of the levee could result in the introduction of 
pollutants from residential, commercial, and industrial properties into 
the Santa Ana River as well as the loss of up to 3,000 acres of 
developed floodplain. The introduction of pollutants would 
significantly degrade the water quality and habitat of the Santa Ana 
River, as well as result in mortality of suckers. In addition, the loss 
of the levees could result in a loss of life and property. On September 
23, 2003, the RCFCD notified the Service and the Corps that a portion 
of the northwestern levee along the Santa Ana River was being 
undermined by the low-flow channel. The RCFCD proposed to divert the 
low-flow channel away from the levee to prevent the destruction of the 
levee. The Corps declared the proposed diversion an emergency action, 
and requested that the Service provide them with avoidance and 
minimization measures for the Santa Ana sucker. Because of the 
injunction we were unable to complete an emergency section 7 
consultation with the Corps, but we did recommend measures to avoid and 
minimize impacts to the sucker. The Corps issued an emergency Regional 
General Permit No. 63 permit that incorporated our recommended measures 
and RCFCD completed the diversion and repair of the levees. The 
diversion of the low-flow channel away from the levees was an action 
that was anticipated to be addressed in the SAS Programmatic 
Consultation. If this action had been addressed as part of a completed 
consultation, the need for an emergency permit would have been 
eliminated and the risk to human life and property would have been 
significantly reduced.
    The injunction against section 7 consultations is also preventing 
the Service from completing consultations on major habitat restoration 
projects in the Santa Ana River designed to improve the status of the 
sucker and its habitat; this also constitutes an emergency posing a 
significant risk to the well-being of the Santa Ana sucker. The SAS 
Conservation Program is a multi-agency partnership of Federal and local 
government agencies and the private sector that encourages a river-wide 
approach to conservation of the Santa Ana sucker within the Santa Ana 
River and its tributaries; increases the knowledge base to implement 
recovery strategies for the sucker in the Santa Ana River; ensures that 
each participating agency minimizes, to the extent possible, effects of 
routine activities on the sucker; and develops habitat restoration and 
enhancement techniques for degraded habitat. The SAS Conservation 
Program has already benefited the Santa Ana sucker by improving our 
recommended avoidance and minimization measures for ongoing activities. 
For example, research funded by the SAS Conservation Program has 
resulted in a detailed description of spawning and nursery habitat. In 
addition, appropriate habitat restoration techniques are being 
developed that will be essential to maintain the sucker population in 
the Santa Ana River.
    Finally, the current injunction has prevented the Service from 
completing internal consultation on the Western Riverside Multiple 
Species Habitat Conservation Plan (MSHCP) because the Santa Ana sucker 
is included as a ``covered species adequately conserved'' in the 
proposed plan and will otherwise be affected by the plan. The Western 
Riverside MSHCP will conserve over 94 percent of the modeled habitat 
within western Riverside County and all of the known and potential 
refugia and spawning areas within the MSHCP conservation area. In 
addition, the Western Riverside MSHCP will assess and implement 
measures to improve water quality, remove nonnative competitor and 
predator species, and eliminate barriers to fish passage within the 
Santa Ana River. The removal of nonnative predatory species should 
improve and secure the survival of the sucker in the Santa Ana River. 
The removal of barriers to fish passage should return the population to 
a contiguous breeding population. In addition, the maintenance and 
improvement of water quality standards are essential to a species that 
inhabits the highly urbanized Santa Ana River watershed, and depends on 
tertiary-treated wastewater for much of its spawning habitat.
    Until a final critical habitat rule is published for the Santa Ana 
sucker, the injunction will remain in place and prevent completion of 
section 7 consultations on important projects necessary to protect 
public health and safety while also protecting the sucker, or on 
projects specifically designed to benefit the sucker. We therefore find 
that good cause exists under 5 U.S.C. 553(b)(B) to exempt this final 
rule from APA notice and comment procedures. In the unusual 
circumstances presented here, compliance with those procedures would be 
contrary to the public interest.
    We also find that good cause exists under 5 U.S.C. 553(d) to make 
this final rule effective immediately for the reasons stated above with 
regard to section 553(b)(B). The immediate designation of critical 
habitat is necessary for the following reasons: (1) To comply with the 
district court's order; (2) to conduct section 7 consultations and 
prepare written concurrences regarding projects funded, permitted, or 
carried out by Federal agencies that may affect the Santa Ana sucker or 
its essential habitat; (3) to ensure those activities will not 
jeopardize the continued existence of the species; and (4) to ensure 
Federal agencies can comply with the requirements of the Act, including 
section 9.

Previous Federal Action

    Please see the final listing rule for the Santa Ana sucker for a 
description of Federal actions through April 2000 (65 FR 19686; April 
12, 2000). On July 9, 2001, California Trout, Inc., the California-
Nevada Chapter of the American Fisheries Society, the Center for 
Biological Diversity, and the Friends of the River (plaintiffs) filed a 
60-day notice of intent to sue over our failure to designate critical 
habitat for the Santa Ana sucker. The plaintiffs filed a second amended 
complaint for declaratory judgment and injunctive relief on March 19, 
2002, with the U.S. District Court for the Northern District of 
California. On February 26, 2003, the district court ordered the 
Service to designate a final critical habitat for the Santa Ana sucker 
by no later than February 21, 2004, and enjoined the Service from 
issuing any

[[Page 8843]]

section 7 concurrence or biological opinion on a proposed Federal 
action that ``may affect'' the Santa Ana sucker until such time as the 
final critical habitat for the Santa Ana sucker is designated.

Critical Habitat

    Critical habitat is defined in section 3(5)(A) of the Act as the 
specific areas within the geographical area occupied by the species at 
the time it is listed on which are found those physical or biological 
features essential to the conservation of the species and which may 
require special management considerations or protection and those 
specific areas outside the geographic area occupied by the species at 
the time it is listed upon a determination by the Service that such 
areas are essential for the conservation of the species. Under section 
4(a)(3) and (b)(2) of the Act we are required to designate critical 
habitat to the maximum extent prudent and determinable on the basis of 
the best scientific data available and after taking into account the 
economic impact of specifying any particular area as critical habitat.
    In the final listing rule (65 FR 19686), we indicated that 
designation of critical habitat was not determinable because the 
``knowledge and understanding of the biological needs and environmental 
limitations of the Santa Ana sucker and the primary constituent 
elements of its habitat are insufficient to determine critical habitat 
for the fish.'' We also indicated that the Orange County Water 
District, County of Orange, Los Angeles County Department of Public 
Works, National Fish and Wildlife Foundation, and the Biological 
Resources Division of the U.S. Geological Survey were funding and 
implementing research on the environmental limitations of the Santa Ana 
sucker. This research has been completed and a final report has been 
published (Saiki 2000). Based on the available information on the 
biology of the Santa Ana sucker, we now believe that critical habitat 
for the Santa Ana sucker is determinable. We also find that there is no 
basis for a not prudent finding because we do not believe that the 
designation of critical habitat will result in an increase in the 
degree of threat from activities prohibited under section 9 of the Act. 
We are not aware of any apparent habitat destruction that has occurred 
since the listing of the Santa Ana sucker. Therefore, we find that 
designation of critical habitat for the Santa Ana sucker is prudent and 
determinable.

Methods

    We mapped critical habitat based on the known distribution and 
habitat requirements of the Santa Ana sucker using published literature 
and available reports. We delineated essential habitat on aerial and 
satellite imagery on a GIS system along each stream reach. Essential 
habitat is the stream and the associated riparian habitat.

Primary Constituent Elements

    In accordance with sections 3(5)(A)(i) of the Act and regulations 
at 50 CFR 424.12, in determining which areas are critical habitat, we 
are required to consider those physical and biological features 
(primary constituent elements) that are essential to the conservation 
of the species and that may require special management considerations 
or protection. These include, but are not limited to: Space for 
individual and population growth and for normal behavior; food, water, 
air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, 
rearing (or development) of offspring; and habitats that are protected 
from disturbance or are representative of the historic geographical and 
ecological distributions of a species.
    The primary constituent elements for the Santa Ana sucker were 
determined by reviewing studies that examined the habitat requirements 
and ecology of the sucker in the Santa Ana River (Allen 2003; Baskin 
and Haglund 2001; Haglund et al. 2003; Saiki 2000; Swift 2001), the San 
Gabriel River (Saiki 2000; Haglund and Baskin 2002), and the Santa 
Clara River (Greenfield et al. 1970). Primary constituent elements 
essential for the conservation of the sucker are found in an ecosystem 
that includes a functioning hydrological system that experiences peaks 
and ebbs in water volume and maintains a sand, gravel, and cobble 
substrate in a mosaic of sandy stream margins, deep water pools, 
riffles (i.e., well-oxygenated, shallow water over rough substrate), 
and runs (i.e., shallow water over generally smooth substrate); 
sufficient water volume and quality; and complex, native floral and 
faunal associations.
    The Santa Ana sucker evolved in a typical southern Californian 
hydrological regime that included periodic flooding (Greenfield et al. 
1970). Life history characteristics, such as prolonged breeding periods 
and short hatching times, have allowed the sucker to survive in dynamic 
hydrological systems. Periodic floods may also remove exotic predators 
and competitors (Swift 2001). Therefore, a functioning hydrological 
system should experience peaks and ebbs in the water volume throughout 
the year. The hydrological regime should also maintain a mosaic of 
sand, gravel, cobble, and boulder substrates in a series of sandy 
stream margins, riffles, runs, and pools. Adult suckers spawn in gravel 
beds while larvae and juveniles are generally associated with shallow, 
sandy margins during their development (Haglund et al. 2003). Gravel 
and cobble substrate, often associated with riffles, provide habitat 
for algae and macroinvertebrates, the primary prey of adult suckers. 
Pools provide food for adult suckers and refuge from warm water (Allen 
2003).
    Sufficient water volume, described in velocity and depth, is an 
important element of habitat essential for the conservation of the 
Santa Ana sucker. Water volume may vary between seasons, but enough 
water should be present during the spawning season (March 1-June 30) to 
support reproduction and larval development. For the remainder of the 
year, water volume must be sufficient to support prey of the sucker and 
the development and growth of the sucker. In the San Gabriel River, 
Haglund and Baskin (2002) found that adult and juvenile suckers were 
present in bottom velocities between 0.17 and 0.68 feet per second, 
while mid-column velocities reached 1.95 feet per second. Haglund et 
al. (2003) reported spawning in bottom velocities of 0.65 and 0.77 feet 
per second.
    Depth is also an important descriptor of water volume. Saiki (2000) 
showed that suckers were fairly equally distributed among depths of 1 
to 39 cm in the Santa Ana River and among depths of 1 to 69 cm in the 
San Gabriel River. In the Santa Ana River, Swift (2001) reported 
detecting suckers in depths as great as 150 cm. Suckers were present in 
pools as deep as 200 to 300 cm (Brandt Allen, University of California 
at Davis, pers. comm. 2004). Suckers likely prefer various water depths 
depending on their life history stage and activity. Larval and early 
juvenile suckers prefer shallow margins of 5 to 10 cm in depth (Haglund 
et al. 2003) while adult suckers prefer deep pools of 40 cm or greater 
(Haglund and Baskin 2002). Adult suckers prefer deep pools for feeding 
and refuge, riffles of varying depths for spawning, and riffles and 
runs of varying depths for movement between pools.
    Water quality must support sucker reproduction, diet, and 
development. Saiki (2000) reported sucker abundance was negatively 
correlated with turbidity. Saiki (2000) found that suckers were

[[Page 8844]]

more abundant at a site in the San Gabriel River, where turbidity 
averaged 5.5 Nephelometric turbidity units (NTUs) and ranged from 0.1 
to 165.0 NTUs than at a site in the Santa Ana River, where turbidity 
averaged 21.7 NTUs and ranged from 0.6 to 405.0 NTUs. Suckers were not 
detected at a different site in the Santa Ana River, where turbidity 
averaged 57.4 NTUs and ranged from 1.9 to 214.0 NTUs (Saiki 2000). 
However, in 2000, Baskin and Haglund (2001) captured 10 suckers 
immediately upstream of this site in water that was between 85 and 112 
NTUs. Therefore, a high turbidity level does not necessarily eliminate 
suckers from using habitat. Saiki (2000) determined that suckers likely 
avoid continuously turbid conditions but could survive in seasonally 
turbid conditions. In addition to turbidity, temperature appears to be 
a limiting factor in sucker distribution. Suckers were found in waters 
between 15 and 28 C in the Santa Ana River and suckers 
likely avoid water over 30 C (Swift 2001). Similarly, 
Greenfield et al. (1970) reported suckers from the Santa Clara River in 
water that was 10 to 26 C.
    Suitable sucker habitat must contain algae, aquatic emergent 
vegetation, macroinvertebrates, and riparian vegetation. Suckers feed 
by scraping algae, insects, and detritus from gravel and cobble 
substrate (Greenfield et al. 1970; Saiki 2000). In addition, riparian 
vegetation and emergent aquatic vegetation moderate stream temperature 
(Allen 2003), and provide additional sources of detritus and insects 
(Diana 1995). Riparian and aquatic emergent vegetation can also provide 
refuge from predators. Therefore, complex native floral and faunal 
associations are required for sucker survival.
    The primary constituent elements for the sucker are the following:
    (1) A functioning hydrological system that experiences peaks and 
ebbs in the water volume throughout the year;
    (2) A mosaic of sand, gravel, cobble, and boulder substrates in a 
series of riffles, runs, pools and shallow sandy stream margins;
    (3) Water depths greater than 3 cm and water bottom velocities 
greater than 0.03 meters per second;
    (4) Non-turbid conditions or only seasonally turbid conditions;
    (5) Water temperatures less than 30 C; and
    (6) Stream habitat that includes algae, aquatic emergent 
vegetation, macroinvertebrates, and riparian vegetation.

Critical Habitat Designation

    The designated critical habitat encompasses Santa Ana sucker 
habitat throughout the range of the listed species in the United States 
(Los Angeles and San Bernardino Counties, California). Essential 
habitat for the Santa Ana sucker in San Bernardino, Riverside County 
and Orange County has been excluded under section 4(b)(2) of the Act. 
Areas designated as critical habitat are under Federal and private 
ownership. The approximate area of designated critical habitat by 
county and land ownership is shown in Table 1.

          Table 1.--Approximate Designated Critical Habitat Area (ac (ha)) by County and Land Ownership
                   [Estimates reflect the total area within critical habitat unit boundaries.]
----------------------------------------------------------------------------------------------------------------
             County                   Federal*           Local/State          Private               Total
----------------------------------------------------------------------------------------------------------------
Los Angeles....................  6,483 ac..........  0 ac..............  2,937 ac.........  9,420 ac
                                 (2,624 ha)........  ..................  (1,189 ha).......  (3,812 ha)
San Bernardino.................  3,582 ac..........  0 ac..............  8,127 ac.........  11,709 ac
                                 (1,450 ha)........  ..................  (3,289 ha).......  (4,738 ha)
                                ---------------------
    Total......................  10,065 ac.........  0 ac..............  11,064 ac........  21,129 ac
                                 (4,074 ha)........  ..................  (4,478 ha).......  (8,551 ha)
----------------------------------------------------------------------------------------------------------------
\*\ Federal lands include National Forest lands.

    We have designated three critical habitat units based on the 
geographical location of the three existing, listed populations of 
Santa Ana sucker. Major tributaries that are important for their role 
in contributing water, sediment, and improved water quality (components 
of the primary constituent elements) for the species are included. Each 
of these few remaining disjunct populations is essential to maintain 
genetic diversity, decrease the likelihood of the species becoming 
extinct due to small numbers, and decrease the likelihood of species 
extinction due to stochastic events (e.g., floods) (Lande 1988, 
Saccheri et al. 1998). The fragmented and disjunct distribution of the 
species prevents any possibility that an extirpated population would 
recover. The areas being designated are either within the geographical 
area occupied by one of the three populations of Santa Ana sucker, 
contain those physical and biological features essential for the 
conservation of that population and may require special management 
considerations or protection, or are outside of the geographic area 
occupied by the species but are nevertheless essential for the 
conservation of the sucker. Descriptions of each unit and the reasons 
for designating them as critical habitat are presented below.
Map Unit 1: Santa Ana River Critical Habitat Unit (Unit 1A, Northern 
Prado Basin and Unit 1B, Santa Ana Wash), San Bernardino County, 
California (11,709 ac (4,738 ha))
    The Santa Ana River Unit consists of Unit 1A, Northern Prado Basin 
and Unit 1B, Santa Ana Wash and the essential habitat along portions of 
the mainstem of the Santa Ana River and the following tributaries: City 
Creek, Mill Creek, Chino Creek, and Cucamonga Creek. The occupied 
essential habitat adjacent to Unit 1A (Northern Prado Basin) and the 
occupied essential habitat downstream from Unit 1B (Santa Ana Wash) has 
been excluded under section 4(b)(2). The Santa Ana River supports one 
of three listed populations of the Santa Ana sucker. Approximately 60 
percent of the total remaining range of the listed Santa Ana sucker is 
in the Santa Ana River (65 FR 19686).
    Our designation excludes essential occupied habitat along portions 
of the Santa Ana River that are within the draft Western Riverside 
Multiple Species Habitat Conservation Plan (Riverside County) or the 
SAS Conservation Program (Orange, Riverside, and San Bernardino 
counties). The bases for those exclusions are summarized below under 
``Section 4(b)(2) Exclusions.''
    We are designating Northern Prado Basin (Unit 1A) and Santa Ana 
Wash (Unit 1B) because these essential habitat areas are not covered by 
the draft Western Riverside County Multiple Species Habitat 
Conservation Plan or

[[Page 8845]]

the SAS Conservation Program. While Units 1A and 1B are not known to be 
occupied, they are essential for the conservation of the Santa Ana 
sucker because they provide and transport sediment necessary to 
maintain the preferred substrates utilized by this fish (Dr. Thomas 
Haglund, pers. comm. 2004; Dr. Jonathan Baskin, Professor Emeritus, 
California State Polytechnic University, Pomona, pers. comm. 2004; NOAA 
2003); convey stream flows and flood waters necessary to maintain 
habitat conditions for the Santa Ana sucker; and support riparian 
habitats that protect water quality in the downstream portions of the 
Santa Ana River occupied by the sucker. Moreover, the Northern Prado 
Basin Unit is contiguous with occupied habitat and may support the 
Santa Ana sucker. City Creek, a tributary of the Santa Ana River, was 
documented as containing Santa Ana suckers as recently as 1982, but has 
not been recently surveyed. Protection of these unoccupied areas is 
essential to provide the downstream habitat conditions necessary to 
maintain the Santa Ana River population of the sucker (Dr. Thomas 
Haglund, pers. comm. 2004; Dr. Jonathan Baskin, Professor Emeritus, 
California State Polytechnic University, Pomona, pers. comm. 2004).
    Unit 1B is essential because it provides the source for preferred 
spawning and feeding substrate of the Santa Ana sucker. Although 
portions of Unit 1B (Santa Ana Wash) are generally dry during the 
summer, this portion of the river has a higher gradient and a greater 
percentage of gravel and cobble substrate than the occupied areas that 
are downstream (Dr. Jonathan Baskin, Professor Emeritus, California 
State Polytechnic University, Pomona, pers. comm. 2004). Suckers spawn 
over gravel substrates where their eggs can adhere to gravel before 
hatching into larvae. Winter flows from upstream areas annually 
replenish this substrate and clean sand from it (Dr. Jonathan Baskin, 
Professor Emeritus, California State Polytechnic University, Pomona, 
pers. comm. 2004; Dr. Thomas Haglund, pers. comm. 2004; NOAA 2003). In 
addition, suckers feed by scraping algae, insects, and detritus from 
gravel and cobble. Therefore, the upstream source of spawning and 
feeding substrates (gravel and cobble) are essential to the 
reproductive ability and development of the sucker in the downstream 
occupied reaches (Dr. Jonathan Baskin, Professor Emeritus, California 
State Polytechnic University, Pomona, pers. comm. 2004; Dr. Thomas 
Haglund, pers. comm. 2004).
    Unit 1A and Unit 1B are essential to the conservation of the sucker 
because they maintain a relatively natural hydrograph. The Santa Ana 
sucker evolved in the naturally dynamic hydrological systems of 
southern California. Therefore, as a larger intact river system has 
greater potential to provide a more natural hydrograph, Unit 1A and 
Unit 1B are essential to maintain the natural hydrograph of the Santa 
Ana River and ensure the continued existence of the sucker in the Santa 
Ana River (Dr. Thomas Haglund, pers. comm. 2004). The importance of a 
natural hydrograph for native fishes has been demonstrated for many 
systems (Moyle and Light 1996). For example, nonnative fishes can more 
easily invade systems where the natural hydrograph has been disrupted 
by dams and reservoirs and these nonnative fishes can contribute to the 
decline of native fishes through predation and competition (Moyle et 
al. 1986).
    Unit 1A and Unit 1B are also essential because they maintain 
habitat for the southernmost extent of the existing distribution of the 
Santa Ana sucker. Consequently, these units enhance the long-term 
sustainability of the sucker by maintaining its genetic adaptive 
potential and a well-distributed geographical range to buffer the 
sucker's particular vulnerability to environmental fluctuations and 
catastrophes because of its limited number of populations.
Map Unit 2: San Gabriel River Critical Habitat Unit, Los Angeles 
County, California (5,765 ac (2,333 ha))
    The San Gabriel River Unit consists of the West, North, and East 
Forks of the San Gabriel River and the following tributaries: Cattle 
Canyon Creek, Bear Creek, and Big Mermaids Canyon Creek. The San 
Gabriel River portion of the unit extends from the Cogswell Dam on the 
West Fork to the Bridge-of-No Return on the East Fork, and portions of 
the North Fork. Santa Ana sucker occupies the West, North, and East 
Forks of the San Gabriel River. Suckers occupy the West Fork from the 
Cogswell Dam to the San Gabriel Reservoir. The North Fork and East Fork 
are occupied by suckers upstream from the San Gabriel Reservoir. 
Suckers also occupy the following tributaries: Cattle Canyon Creek, 
Bear Creek, and Big Mermaids Canyon Creek.
    Approximately 15 percent of the total remaining range of the listed 
Santa Ana sucker is in the San Gabriel River (65 FR 19686). 
Approximately 15 percent of its distribution in the San Gabriel River 
Basin occurs on private lands, and the remaining 85 percent occurs in 
the Angeles National Forest (65 FR 19686). This river has the least 
developed watershed of the three critical habitat units. Data gathered 
during sampling indicated that the San Gabriel River may contain the 
largest population of Santa Ana suckers (R. Ally, in litt. 1996; Mike 
Gusiti, CDFG, in litt. 1996; M. Wickman, in litt., 1996; Juan 
Hernandez, CDFG, in litt. 1997; M. Saiki, pers. comm. 1999).
    The San Gabriel River Unit is essential to the conservation of the 
sucker because the San Gabriel River drainage system supports one of 
only three extant populations of this listed species which has a highly 
fragmented and limited distribution. In addition, the San Gabriel River 
Unit provides the best remaining habitat capable of sustaining the 
Santa Ana sucker. Moyle and Yoshiyama (1992) consider the population of 
suckers in the San Gabriel River drainage to be the only viable 
population of the Santa Ana sucker within the species' native range (65 
FR 19686). This population is found in the relatively undisturbed 
watershed of the Angeles National Forest, unlike the population within 
the Santa Ana River which is within a highly urbanized watershed that 
receives urban and agricultural run-off and other environmental 
contaminants. Thus, this unit supports a population that occurs within 
a relatively intact watershed that provides good water quality and 
thereby, ensures the conservation of the only extant population of 
listed suckers that will likely avoid the potential for chronic 
exposure to water quality degraded by urban run-off or tertiary-treated 
wastewater discharges.
Map Unit 3: Big Tujunga Creek Critical Habitat Unit, Los Angeles 
County, California (3,655 ac (1,479 ha))
    The Big Tujunga Creek Unit consists of the stretch of Big Tujunga 
Creek between the Big Tujunga Dam and Hansen Dam and the following 
tributaries: Stone Canyon Creek, Delta Canyon Creek, Gold Canyon Creek, 
and Little Tujunga Creek. The Santa Ana sucker occupies the Big Tujunga 
Creek between Big Tujunga Dam and Hansen Dam.
    Approximately 25 percent of the total remaining range of the Santa 
Ana sucker is within the Big Tujunga Creek (65 FR 19686). In the Big 
Tujunga Creek, approximately 60 percent of the current range of the 
Santa Ana sucker occurs on private lands. The remaining 40 percent of 
the range occurs on Angeles National Forest lands managed by the U.S. 
Forest Service.
    The Big Tujunga Creek Unit is essential to the conservation of the 
sucker because this stream segment

[[Page 8846]]

supports one of only three extant populations of this listed species 
which has a highly fragmented and limited distribution. In addition, 
the upstream portion of this population is largely contained within the 
Angeles National Forest and therefore is not exposed to the effects of 
urban run-off and tertiary treated wastewater discharge. This unit is 
also essential because it maintains habitat for the northernmost extent 
of the existing distribution of the Santa Ana sucker. Consequently, the 
unit enhances the long-term sustainability of the sucker by maintaining 
its genetic adaptive potential and a well-distributed geographical 
range to buffer the sucker's particular vulnerability to environmental 
fluctuations and catastrophes.
    The tributaries to the Big Tujunga Creek that are within the unit 
(Stone Canyon Creek, Delta Canyon Creek, Gold Canyon Creek, and Little 
Tujunga Creek) are not known to be occupied, but are essential to the 
conservation of the sucker because they provide and transport sediment 
necessary to maintain the preferred substrates utilized by this fish; 
convey stream flows and flood waters necessary to maintain habitat 
conditions for the Santa Ana sucker; and support riparian habitats that 
protect water quality in the occupied portions of the Big Tujunga 
Creek. Similar to the Santa Ana River, these tributaries are essential 
to the Big Tujunga Creek sucker population because it they provide 
renewal of spawning and feeding substrates and peaks and ebbs in water 
volumes. These tributaries are particularly essential to the 
conservation of the sucker since the Big Tujunga Dam has reduced the 
transfer of sediment downstream and altered the natural flow in the 
upper Big Tujunga Creek. The sucker has been able to maintain its 
population in the Big Tujunga Creek despite the fragmented habitat and 
presence of nonnative species. Most likely, the sucker population has 
survived because of the presence of the relatively undisturbed 
condition of the tributaries to Big Tujunga Creek.

Exclusions Under Section 4(b)(2)

    Section 4(b)(2) of the Act allows the Secretary to exclude any area 
from critical habitat if she determines the benefits of such exclusion 
outweigh the benefits of specifying such area as part of critical 
habitat, unless, based on the best scientific and commercial data 
available, she determines that failure to designate the area as 
critical habitat will result in the extinction of the species. We have 
determined that the benefits of excluding essential habitat within the 
boundaries of the Western Riverside MSHCP and essential habitat within 
the area covered by SAS Conservation Program outweigh the benefits of 
including these areas as critical habitat. Exclusion of these areas 
will not result in the extinction of the sucker.

Exclusion of Critical Habitat Within the Draft Western Riverside 
Multiple Species Habitat Conservation Plan and the SAS Conservation 
Program

Draft Western Riverside Multiple Species Habitat Conservation Plan
    The Western Riverside MSHCP has been in development for several 
years. Participants in the Western Riverside MSHCP include 14 cities; 
the County of Riverside (including the Riverside County Flood Control 
and Water Conservation District, Riverside County Transportation 
Commission, Riverside County Parks and Open Space District, and 
Riverside County Waste Department); the California Department of Parks 
and Recreation; and the California Department of Transportation. The 
Western Riverside MSHCP is also being proposed as a subregional plan 
under the State's Natural Community Conservation Program (NCCP) and is 
being developed in cooperation with the California Department of Fish 
and Game. Within the 1.26 million-acre (510,000 ha) planning area of 
the Western Riverside MSHCP, approximately 153,000 ac (62,000 ha) of 
diverse habitats are proposed for conservation. The proposed 
conservation of 153,000 ac (62,000 ha) will complement other, existing 
natural and open space areas that are already conserved through other 
means (e.g., State Parks, Forest Service, and county park lands).
    The County of Riverside and the participating jurisdictions have 
signaled their sustained support for the Western Riverside MSHCP as 
evidenced by the November 5, 2002, passage of a local bond measure to 
fund the acquisition of land in support of the MSHCP. On November 14, 
2002, a notice of availability of a draft environmental impact report 
(EIS/EIR) and receipt of and application for an incidental take permit 
was accepted and published in the Federal Register. We accepted public 
comment on these documents until January 14, 2003. Subsequently, on 
June 17, 2003, the County of Riverside Board of Supervisors voted 
unanimously to support the completion of the Western Riverside MSHCP.
    The Western Riverside MSHCP incorporates conservation actions 
within the planning area, such as implementing a nonnative species 
removal program, maintaining or improving water quality standards, and 
removing or modifying barriers to fish passage within the Santa Ana 
River to address the long-term conservation of the Santa Ana sucker. 
Although the Western Riverside MSHCP is not yet approved by the 
Service, significant progress has been achieved in the development of 
this HCP, including the preparation of the EIS/EIR, the solicitation of 
public review and comment, and the initiation of a consultation with us 
on the issuance of incidental take permits for those species identified 
for coverage in the draft plan.
Santa Ana Sucker Conservation Program and Associated Maintenance and 
Operation Activities of Existing Water Facilities on the Santa Ana 
River
    The Santa Ana Sucker (SAS) Conservation Program is a multi-agency 
partnership of Federal, and local government agencies and the private 
sector that encourages a river-wide approach to conservation of the 
Santa Ana sucker within the Santa Ana River and its tributaries. This 
partnership also increases the knowledge base to implement recovery 
strategies for the sucker in the Santa Ana River; ensures that each 
participating agency minimizes, to the extent possible, effects from 
routine activities to the sucker; and develops restoration techniques 
for degraded habitat. Partners in the SAS Conservation Program include 
the Santa Ana Watershed Project Authority, the Army Corps of Engineers 
(Corps), the Fish and Wildlife Service, and the following participating 
agencies: Orange County Water District, Orange County Resources and 
Development Department, Riverside County Flood Control and Water 
Conservation District, Riverside County Transportation Department, City 
of Riverside Regional Water Quality Control Plant, San Bernardino 
County Flood Control District, and the City of San Bernardino Municipal 
Water Department Rapid Infiltration and Extraction Facility.
    The partnership was initially formed in the spring of 1999, when an 
informal group of concerned local, regional, State, and Federal 
agencies formed the Ad-Hoc Santa Ana Sucker Discussion Team (Discussion 
Team) to assist in reconciling economic activities with the 
conservation of the sucker and to identify and implement conservation 
measures that would contribute to the survival and recovery of the 
sucker, primarily within the Santa Ana River watershed. Research 
priorities and funding sources were identified, and a three-phase, 
coordinated effort was

[[Page 8847]]

initiated and completed during 1999 and 2000. These initial scientific 
studies concentrated on physiochemical variables, migration patterns, 
predatory fish relationships, and tributary analysis. As an outgrowth 
of these studies, the Discussion Team proposed the SAS Conservation 
Program, for an initial term of 5 years.
    The purpose of the draft Programmatic Consultation on the SAS 
Conservation Program is to promote the conservation (i.e., survival and 
recovery) of the sucker, while providing the necessary authorization, 
pursuant to the ESA, to allow for the incidental take of a limited 
number of suckers that is anticipated to occur when the participating 
agencies implement their covered activities. Covered activities include 
operation, maintenance, repair, and reconstruction of (e.g., rebuilding 
existing levees for water conservation, constructed wetlands, and flood 
control) existing projects and facilities and the continuation of 
existing programs for flood control, water conservation, water 
treatment and discharge, protection of transportation routes, and 
wildlife conservation. Impact minimization measures for the Santa Ana 
sucker are integral to the SAS Conservation Program and are identified 
for each of the agencies' covered activities.
    The SAS Conservation Program has funded research efforts to define 
habitat affinities for various life history stages of the sucker, 
investigate reproductive patterns of the sucker, develop a population 
trend database, examine aspects of sucker migration in the Santa Ana 
River, and examine effects on the sucker of temporary shutdowns of 
tertiary-treated wastewater discharge water to the Santa Ana River. 
Planned research projects of the SAS Conservation Program in 2004 
include the development of habitat restoration methods, characterize 
the movement and diet of various life history stages of suckers, and 
investigate the effects of non-native adult fish on larval and juvenile 
suckers. Again, funding for all of these research efforts will be 
provided by the participating agencies.
    We are excluding from critical habitat designation areas along the 
Santa Ana River because they are either within the planning area 
boundary for the draft Western Riverside MSHCP or the SAS Conservation 
Program. Our justification for excluding these areas is outlined below.

(1) Benefits of Inclusion

    The benefits of designating critical habitat on lands within the 
boundaries of HCPs that cover the species for which critical habitat is 
being designated are small. HCPs generally include management measures 
and protections designed to protect, restore, monitor, manage, and 
enhance the habitat to benefit the conservation of the species. The 
draft Western Riverside MSHCP seeks to accomplish these goals for the 
Santa Ana sucker through the implementation of specific conservation 
measures. The principal benefit of designating critical habitat is that 
federally authorized or funded activities that may affect a species' 
critical habitat would require consultation with us under section 7 of 
the Act. Under section 7, proposed actions that would adversely modify 
or destroy designated critical habitat cannot go forward, unless they 
are altered to eliminate the adverse modification or destruction of 
critical habitat.
    An important objective of the Western Riverside MSHCP is to 
implement measures, including monitoring and management, necessary to 
conserve important habitat for the Santa Ana sucker within the plan's 
boundaries. Thus, the purposes of the Western Riverside MSHCP are 
consistent with the purpose served by undergoing consultation under 
section 7 which is to ensure that critical habitat of the sucker is not 
adversely modified by a proposed Federal action. Because issuance of an 
incidental take permit (ITP) under section 10 is a Federal action, 
prior to approving the Western Riverside MSHCP we must complete an 
internal section 7 consultation for every species, including the Santa 
Ana sucker, proposed to be covered under the proposed plan and permit. 
The consultation will require us to analyze the impacts of the proposed 
ITP and HCP on the Santa Ana sucker and its essential habitat within 
the plan boundaries, whether or not that habitat has been officially 
designated as critical habitat. Therefore, including that portion of 
the Santa Ana River basin that is within the boundaries of the proposed 
Western Riverside MSHCP as critical habitat would provide little 
benefit to the Santa Ana sucker because the potential impacts to the 
species' essential habitat within the MSHCP area are already addressed 
under the plan and will be analyzed in our internal section 7 
consultation on the proposed ITP.
    The SAS Conservation Program includes measures to restore, monitor, 
and enhance habitat for the Santa Ana sucker in the Santa Ana River. 
Similar to the Western Riverside MSHCP, the SAS Conservation Program is 
specifically designed to benefit the sucker and its essential habitat 
within the Santa Ana River. The SAS Conservation Program is a 
comprehensive conservation program for the sucker that includes 
measures to minimize the impacts of routine water management activities 
on the sucker and restore degraded river habitat to improve the 
species' prospects for survival and recovery. Because the SAS 
Conservation Program is specifically designed to benefit the sucker and 
its essential habitat within the Santa Ana River habitat and the 
Programmatic Consultation on the SAS Conservation Program will analyze 
the effects of the SAS Conservation Program on the sucker and its 
habitat, the designation of critical habitat within the boundaries of 
the SAS Conservation Program would provide little or no additional 
benefits to this species.

(2) Benefits of Exclusion

    Excluding from critical habitat lands within the Western Riverside 
MSHCP or within the area covered by the SAS Conservation Program will 
provide several benefits. Exclusion of the lands from the final 
designation will allow us to continue working with the participants in 
a spirit of cooperation and partnership. In the past, HCP applicants 
and participants in voluntary conservation programs have generally 
viewed the designation of critical habitat as having a potential 
negative regulatory effect that discourages voluntary, cooperative and 
proactive efforts to conserve listed species and their habitats by non-
Federal parties. They generally view designation of critical habitat as 
an indication by the Federal government that their proactive actions to 
protect the species and its habitat are inadequate. Excluding these 
areas from the perceived negative consequences of critical habitat, 
will likely encourage other jurisdictions, private landowners, and 
other entities to work cooperatively with us to develop HCPs and 
conservation plans, which will provide the basis for future 
opportunities to conserve species and their essential habitat.

(3) Benefits of Exclusion Outweigh the Benefits of Inclusion

    We have reviewed and evaluated the nearly finished draft Western 
Riverside MSHCP and SAS Conservation Program and find that the benefits 
of exclusion outweigh the benefits of designating the areas covered by 
the MSHCP and SAS Conservation Program as critical habitat.
    The exclusion of these areas from critical habitat will help 
preserve the partnerships that we have developed with the local 
jurisdictions and agencies in the development of the draft Western 
Riverside MSHCP and SAS

[[Page 8848]]

Conservation Program. The only potential benefit of designating 
critical habitat within these areas would be educational: informing the 
public of areas that are essential for the long-term survival and 
conservation of the species. However, this information has already 
largely been provided to the public through the material provided on 
our Web site and through the ample opportunity for public participation 
provided throughout the development of the Western Riverside MSHCP. The 
Corps of Engineers is also likely to issue a public notice and solicit 
public comment on the issuance of a permit for activities related to 
the maintenance and operation of existing water facilities on the Santa 
Ana River in association with the SAS Conservation Program further 
increasing the public's knowledge of the importance of the Santa Ana 
River to the sucker. For these reasons, we believe that designating 
critical habitat has little benefit in areas covered by the draft 
Western Riverside MSHCP and SAS Conservation Program. Exclusion of 
these areas will not result in the extinction of the species because 
the Western Riverside MSHCP and SAS Conservation Program are designed 
to ensure that activities authorized within these areas include 
measures to protect the Santa Ana Sucker and its habitat.
    Based on our evaluation of our past consultation history on the 
Santa Ana Sucker and the analysis conducted for those consultations, 
the Western Riverside MSHCP, and the SAS Conservation Program, we 
believe that we have a general understanding of potential impacts, 
including those related to economics, of this designation. We have 
considered these potential impacts in the development of this 
designation and do not believe, at this time, that additional 
exclusion, including those based on economics, pursuant to section 
4(b)(2) of the Act are warranted.

Santa Clara River

    We listed as threatened only those Santa Ana sucker populations 
thought to occur within the native range of the species. The native 
range of the Santa Ana sucker is considered to be the streams of the 
Los Angeles, San Gabriel, and Santa Ana River basins. The Santa Clara 
River population is presumed to be an introduced population, although 
this presumption is based entirely on negative data, and not on a 
documented record of introduction (Hubbs et al. 1943, Miller 1968, 
Moyle 1976, Bell 1978). The Santa Clara population was not listed; thus 
critical habitat cannot be designated for this population. As we stated 
in the final listing rule, we will further evaluate the role of the 
Santa Clara River population in the recovery of the species. If the 
Santa Clara River population is determined to be crucial to the 
recovery of the species, we may re-evaluate the status of this 
population, threats to its conservation, and the status of the 
population under the Act.

Effects of Critical Habitat Designation

Section 7 Consultation

    The regulatory effects of a critical habitat designation under the 
Act are triggered through the provisions of section 7, which applies 
only to activities conducted, authorized, or funded by a Federal agency 
(Federal actions). Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Individuals, organizations, States, local governments, and other non-
Federal entities are not affected by the designation of critical 
habitat unless their actions occur on Federal lands, require Federal 
authorization, or involve Federal funding.
    Section 7(a)(2) of the Act requires Federal agencies, including us, 
to ensure that their actions are not likely to jeopardize the continued 
existence of a listed species or result in the destruction or adverse 
modification of designated critical habitat. This requirement is met 
through section 7 consultation under the Act. Our regulations define 
``jeopardize the continued existence'' as to engage in an action that 
reasonably would be expected, directly or indirectly, to reduce 
appreciably the likelihood of both the survival and recovery of a 
listed species in the wild by reducing the reproduction, numbers, or 
distribution of that species (50 CFR 402.02). ``Destruction or adverse 
modification of designated critical habitat'' is defined as a direct or 
indirect alteration that appreciably diminishes the value of the 
critical habitat for both the survival and recovery of the species (50 
CFR 402.02). Such alterations include, but are not limited to, adverse 
changes to the physical or biological features, i.e., the primary 
constituent elements, that were the basis for determining the habitat 
to be critical. However, in a March 15, 2001, decision of the United 
States Court of Appeals for the Fifth Circuit (Sierra Club v. U.S. Fish 
and Wildlife Service et al., 245 F.3d 434), the Court found our 
definition of destruction or adverse modification to be invalid. In 
response to this decision, we are reviewing the regulatory definition 
of adverse modification in relation to the conservation of the species.
    Section 7(a)(4) requires Federal agencies to confer with us on any 
action that is likely to jeopardize the continued existence of a 
proposed species or result in destruction or adverse modification of 
proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. The conservation recommendations in a 
conference report are advisory.
    We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if critical habitat 
were designated. We may adopt the formal conference report as the 
biological opinion when critical habitat is designated, if no 
substantial new information or changes in the action alter the content 
of the opinion (see 50 CFR 402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the 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 
action agency would ensure that the permitted actions do not destroy or 
adversely modify critical habitat.
    If we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we would also provide reasonable and prudent alternatives to 
the project, if any are identifiable. Reasonable and prudent 
alternatives are defined at 50 CFR 402.02 as alternative actions 
identified during consultation that can be implemented in a manner 
consistent with the intended purpose of the action, that are consistent 
with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Service's Regional Director believes would avoid the 
destruction or adverse modification of critical habitat. Reasonable and 
prudent alternatives can vary from slight project modifications to 
extensive redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and

[[Page 8849]]

the Federal agency has retained discretionary involvement or control 
over the action or such discretionary involvement or control is 
authorized by law. Consequently, some Federal agencies may request 
reinitiation of consultation or conference with us on actions for which 
formal consultation has been completed, if those actions may affect 
designated critical habitat or adversely modify or destroy proposed 
critical habitat.
    Federal activities that may affect the Santa Ana sucker and 
designated critical habitat will require consultation under section 7. 
On private, State, or county lands, or lands under local jurisdictions, 
activities requiring a permit from a Federal agency, such as Federal 
Highway Administration or Federal Emergency Management Act funding, or 
a permit from the Corps under section 404 of the Clean Water Act, will 
continue to be subject to the section 7 consultation process. Federal 
actions not affecting listed species or critical habitat, and actions 
on non-Federal lands that are not federally funded, authorized, or 
permitted do not require section 7 consultation.
    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. 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 affect or destroy or adversely 
modify critical habitat for Santa Ana sucker include, but are not 
limited to:
    (1) Any activity, including the regulation of activities by the 
Corps of Engineers under section 404 of the Clean Water Act or 
activities carried out by or licensed by the Environmental Protection 
Agency (EPA), that could alter the watershed, water quality, and 
natural hydrologic function to an extent that water quality and/or 
water quantity becomes unsuitable to support the Santa Ana sucker 
within designated critical habitat;
    (2) Roads, highways, and rights-of-way construction and maintenance 
or any activity funded or carried out by the Department of 
Transportation or other Federal agencies that results in discharge of 
dredged or fill material or excavation within designated critical 
habitat; or
    (3) Activities regulated by the Corps, EPA, or Natural Resources 
Conservation Service under the Clean Water Act and other acts or 
regulations, including but not limited to, discharge of fill into 
waters of the United States and promulgation of water quality standards 
within designated critical habitat;
    (4) Sale or exchange of Federal lands by a Federal agency to a non-
Federal entity within designated critical habitat;
    (5) Construction, licensing, re-licensing, and operation of dams or 
other water impoundments by the Bureau of Reclamation (BOR), Corps, or 
Federal Energy Regulatory Commission (FERC) within designated critical 
habitat;
    (6) Licensing of construction of communication sites by the Federal 
Communications Commission;
    (7) Funding of construction or development activities by the U.S. 
Department of Housing and Urban Development; and
    (8) Promulgation and implementation of a land use plan by a Federal 
agency such as the U.S. Forest Service that may alter management 
practices for critical habitat.
    If you have questions regarding whether specific activities may 
constitute adverse modification of critical habitat in California, 
contact the Field Supervisor, Carlsbad Fish and Wildlife Office (see 
ADDRESSES section). Requests for copies of the regulations on listed 
plants and wildlife, and inquiries about prohibitions and permits may 
be addressed to the U.S. Fish and Wildlife Service, Branch of 
Endangered Species, 911 NE. 11th Ave, Portland, OR 97232 (telephone 
503/231-2063; facsimile 503/231-6243).

Required Determinations

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has not reviewed this 
final critical habitat designation in accordance with Executive Order 
12866. In order to comply with the critical habitat designation 
deadline established by the district court, there was insufficient time 
for OMB to formally review this proposal.

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

    The Service is not required to comply with the requirements of the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) when 
promulgating a final rule under the good cause exemption of the 
Administrative Procedure Act (APA). RFA section 3 requires the 
preparation of an initial regulatory flexibility analysis (IRFA) 
``whenever an agency is required by section 553 of this title, or any 
other law, to publish general notice of proposed rulemaking for any 
proposed rule * * *'' (5 U.S.C. 603(a)). RFA section 4 requires 
agencies to conduct a final regulatory flexibility analysis (FRFA) with 
each final rule, but only when ``an agency promulgates a final rule 
under section 553 of this title, after being required by that section 
or any other law to publish a general notice of proposed rulemaking * * 
*'' (5 U.S.C. 604(a)). Therefore, for a critical habitat final 
rulemaking conducted under the APA's 553(b)(B) good cause exemption, 
the RFA does not require the Service to create an IFRA or a FRFA and 
contains no other provisions requiring compliance in such situations. 
The certification procedures in RFA section 5 are not relevant because 
they are only triggered if an IRFA or FRFA is otherwise required.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et 
seq.)

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. As previously 
discussed, we have excluded critical habitat from private lands within 
the draft Western Riverside MSHCP and the SAS Conservation Program 
under section 4(b)(2) of the Act. The exclusion of these private lands 
and the activities associated with the draft Western Riverside MSHCP 
and SAS Conservation Program eliminates the potential for critical 
habitat in these excluded areas to have any effect on the increase in 
cost or prices for consumers or any significant adverse effects on 
competition, employment, investment, productivity, innovation or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. Moreover, approximately 48 percent of the designated 
critical habitat is on Forest Service lands that are not intensively 
used for commercial or business purposes and we anticipate that the 
designation will have little to no effect on cost or prices for 
consumers or any other significant commercial or business related 
activities. The remaining 52 percent of designated critical habitat 
that occurs on private lands is constrained by other existing 
conditions, such as being within wetlands regulated by the U.S. Army 
Corps of Engineers, floodplains identified by FEMA, or by the presence 
of listed species or other designated critical habitat. Therefore, we 
believe that this critical habitat designation will not have an effect 
on the economy of $100 million or more, will not cause a major increase 
in costs or prices for consumers, and will not have significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based

[[Page 8850]]

enterprises to compete with foreign-based enterprises.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211, on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule is not a 
significant regulatory action under Executive Order 12866, and is not 
expected to significantly affect energy production supply and 
distribution facilities because no energy production, supply, and 
distribution facilities are included within designated critical 
habitat. Further, we do not believe the designation of critical habitat 
for the Santa Ana sucker will affect future energy production. 
Therefore, this action is not a significant energy action and no 
Statement of Energy Effects is required.

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 produce a Federal mandate on State or local 
governments or the private sector 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 direct obligations on State or local governments.
    (b) This rule will not ``significantly or uniquely'' affect small 
governments so a Small Government Agency Plan is not required. Small 
governments will not be affected unless they propose an action 
requiring Federal funds, permits, or other authorizations. Any such 
activities will require that the Federal agency ensure that the action 
will not adversely modify or destroy designated critical habitat.

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 the Santa Ana sucker in a takings 
implications assessment. The takings implications assessment concludes 
that this final designation of critical habitat for the Santa Ana 
sucker does not pose significant takings implications.

Federalism

    In accordance with Executive Order 13132, this final rule does not 
have federalism implications or impose substantial direct compliance 
costs on State and local governments. This designation requires Federal 
agencies to ensure that their actions do not adversely modify critical 
habitat; it does not impose direct obligations on State or local 
governments. A federalism assessment is not required.
    The designations may have some benefit to the State of California 
and local government, in that the areas essential to the conservation 
of the Santa Ana sucker are more clearly defined, and the primary 
constituent elements of the habitat necessary to their survival are 
specifically identified. While this definition and identification do 
not alter where and what federally sponsored activities may occur, they 
may assist these local governments in long-range planning, rather than 
causing them to wait for case-by-case section 7 consultation to occur.

Civil Justice Reform

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

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951, E.O. 13175, and the Department of the 
Interior's manual at 512 DM 2, we have evaluated the potential effects 
on federally recognized Indian tribes and have determined that there 
are no potential effects.

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

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

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

References Cited

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

Author

    The primary author of this document is the Carlsbad Fish and 
Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
For the reasons given in the preamble, we amend part 17, subchapter B 
of chapter I, title 50 of the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

0
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.


0
2. Amend Sec.  17.11(h), by revising the entry for ``Sucker, Santa 
Ana'' under ``FISHES'' to read as follows:


17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 8851]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                              Vertebrate
--------------------------------------------------                     population where
                                                     Historic range     endangered or       Status      When listed    Critical habitat    Special rules
          Common name            Scientific name                          threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
            Fishes
 
                                                                      * * * * * * *
Sucker, Santa Ana.............  (Catostomus        U.S.A. (CA)......  Los Angeles River  T                       694  17.95(e)..........             N/A
                                 santaanae).                           basin, San
                                                                       Gabriel River
                                                                       basin, Santa Ana
                                                                       River basin.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Amend Sec.  17.95(e) by adding critical habitat for the Santa Ana 
sucker (Catostomus santaanae) in the same alphabetical order as this 
species occurs in 17.11(h).


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (e) Fishes. * * *
Santa Ana Sucker (Catostomus santaanae)
    (1) Critical habitat units are depicted for Los Angeles and San 
Bernardino Counties, California, on the maps and as described below.
    (2) Primary constituent elements essential for the conservation of 
the Santa Ana sucker are found in an ecosystem that includes a 
functioning hydrological system that experiences peaks and ebbs in 
water volume and maintains a sand, gravel, and cobble substrate in a 
mosaic of sandy stream margins, deep water pools, riffles (i.e., well-
oxygenated, shallow water over rough substrate), and runs (i.e., 
shallow water over generally smooth substrate); sufficient water volume 
and quality; and complex, native floral and faunal associations. The 
primary constituent elements for the sucker are the following:
    (i) A functioning hydrological system that experiences peaks and 
ebbs in the water volume throughout the year;
    (ii) A mosaic of sand, gravel, cobble, and boulder substrates in a 
series of riffles, runs, pools and shallow sandy stream margins;
    (iii) Water depths greater than 3 cm and bottom water velocities 
greater than 0.03 meter per second;
    (iv) Non-turbid conditions or only seasonally turbid conditions;
    (v) Water temperatures less than 30 C; and
    (vi) Stream habitat that includes algae, aquatic emergent 
vegetation, macroinvertebrates, and riparian vegetation.
    (3) The textual unit descriptions below are the definitive source 
for determining critical habitat boundaries. General location maps by 
unit are provided at the end of each unit description and are provided 
for general guidance purposes only, and not as a definitive source for 
determining critical habitat boundaries.
    (4) Unit 1: Santa Ana River system in San Bernardino County, 
California
    (i) Unit 1 includes two subunits: Unit 1A, Northern Prado Basin and 
Unit 1B, Santa Ana Wash. Unit 1A, Northern Prado Basin includes Chino 
Creek and Cucamonga Creek. Unit 1B, Santa Ana Wash includes portions of 
the mainstem of the Santa Ana River from La Cadena Avenue Bridge to the 
downstream edge of Seven Oaks Dam and the tributaries of City Creek and 
Mill Creek. The lateral extent of Unit 1 is defined by the UTM 
coordinates described in the legal description.
    Unit 1: Santa Ana River, San Bernardino County, California.
    Unit 1A: Northern Prado Basin. From USGS 1:24,000 quadrangle maps 
Corona North and Prado Dam, California, land bounded by the following 
UTM 11 NAD 27 coordinates (E, N): 436200, 3759600; 436300, 3759600; 
436300, 3759500; 436400, 3759500; 436400, 3759400; 436500, 3759400; 
436500, 3759300; 436600, 3759300; 436600, 3759200; 436700, 3759200; 
436700, 3759100; 436800, 3759100; 436800, 3759000; 436900, 3759000; 
436900, 3758800; 437000, 3758800; 437000, 3758700; 437100, 3758700; 
437100, 3758600; 437200, 3758600; 437200, 3758400; 437300, 3758400; 
437300, 3758300; 437600, 3758300; 437600, 3758200; 437700, 3758200; 
437700, 3758000; 437800, 3758000; 437800, 3757900; 437900, 3757900; 
437900, 3757700; 438400, 3757700; 438400, 3757500; 438300, 3757500; 
438300, 3757400; 438200, 3757400; 438200, 3757300; 438300, 3757300; 
438300, 3757200; 438200, 3757200; 438200, 3757000; 438300, 3757000; 
438300, 3756900; 438400, 3756900; 438400, 3756800; 438500, 3756800; 
438500, 3756700; 438600, 3756700; 438600, 3756600; 438700, 3756600; 
438700, 3756500; 438600, 3756500; 438600, 3756400; 438700, 3756400; 
438700, 3756300; 439000, 3756300; 439000, 3756200; 439100, 3756200; 
439100, 3756100; 439200, 3756100; 439200, 3756200; 439600, 3756200; 
439600, 3755800; 439700, 3755800; 439700, 3756100; 439800, 3756100; 
439800, 3756200; 440000, 3756200; 440000, 3756400; 440100, 3756400; 
440100, 3756500; 440300, 3756500; 440300, 3756400; 440200, 3756400; 
440200, 3756200; 440300, 3756200; 440300, 3755900; 440400, 3755900; 
440400, 3756100; 440600, 3756100; 440600, 3756000; 440700, 3756000; 
440700, 3755900; 440800, 3755900; 440800, 3755600; 440700, 3755600; 
440700, 3755500; 440800, 3755500; 440800, 3755400; 441000, 3755400; 
441000, 3755500; 441500, 3755500; 441500, 3755800; 442500, 3755800; 
442500, 3755900; 442700, 3755900; 442700, 3756200; 442900, 3756200; 
442900, 3756300; 443000, 3756300; 443000, 3756400; 443500, 3756400; 
443500, 3756500; thence east to the San Bernardino/Riverside County 
boundary at y-coordinate 3756500; thence south along the San 
Bernardino/Riverside County boundary to y-coordinate 3756200; thence 
west following coordinates: 443500, 3756200; 443500, 3756100; 443300, 
3756100; 443300, 3756000; 443200, 3756000; 443200, 3755800; 443100, 
3755800; 443100, 3755700; 443000, 3755700; 443000, 3755600; 442900, 
3755600; 442900, 3755500;

[[Page 8852]]

442800, 3755500; 442800, 3755400; 442900, 3755400; 442900, 3755100; 
443000, 3755100; 443000, 3755000; 442900, 3755000; 442900, 3754800; 
442800, 3754800; 442800, 3754600; 443100, 3754600; 443100, 3754900; 
443200, 3754900; 443200, 3755000; 443600, 3755000; 443600, 3755300; 
thence east to the San Bernardino/Riverside County boundary at y-
coordinate 3755300; thence south along the San Bernardino/Riverside 
County boundary to y-coordinate 3754500; thence west following 
coordinates: 443300, 3754500; 443300, 3754400; 442900, 3754400; 442900, 
3754300; 442800, 3754300; 442800, 3754000; 442700, 3754000; 442700, 
3753900; 442600, 3753900; 442600, 3754000; 442500, 3754000; 442500, 
3753800; 442400, 3753800; thence south to the San Bernardino/Riverside 
County boundary at x-coordinate 442400; thence west and south along the 
San Bernardino/Riverside County boundary to y-coordinate 3753600; 
thence west following coordinates: 439500, 3753600; 439500, 3753800; 
439400, 3753800; 439400, 3754000; 439300, 3754000; 439300, 3754200; 
439200, 3754200; 439200, 3754400; 439100, 3754400; 439100, 3754500; 
439000, 3754500; 439000, 3754700; 438900, 3754700; 438900, 3754800; 
438800, 3754800; 438800, 3754900; 438700, 3754900; 438700, 3755100; 
438600, 3755100; 438600, 3755200; 438500, 3755200; 438500, 3755300; 
438400, 3755300; 438400, 3755400; 438300, 3755400; 438300, 3755600; 
438200, 3755600; 438200, 3755700; 438100, 3755700; 438100, 3755800; 
438000, 3755800; 438000, 3756000; 437900, 3756000; 437900, 3756100; 
437800, 3756100; 437800, 3756300; 437700, 3756300; 437700, 3756500; 
437600, 3756500; 437600, 3756700; 437500, 3756700; 437500, 3756800; 
437400, 3756800; 437400, 3757000; 437300, 3757000; 437300, 3757200; 
437200, 3757200; 437200, 3757300; 437100, 3757300; 437100, 3757500; 
437400, 3757500; 437400, 3757400; 437500, 3757400; 437500, 3757500; 
437600, 3757500; 437600, 3757600; 437500, 3757600; 437500, 3757800; 
437400, 3757800; 437400, 3757900; 437300, 3757900; 437300, 3758000; 
437200, 3758000; 437200, 3758100; 437100, 3758100; 437100, 3758200; 
437000, 3758200; 437000, 3758400; 436900, 3758400; 436900, 3758500; 
436800, 3758500; 436800, 3758700; 436700, 3758700; 436700, 3758800; 
436600, 3758800; 436600, 3758900; 436500, 3758900; 436500, 3759100; 
436400, 3759100; 436400, 3759200; 436300, 3759200; 436300, 3759400; 
436200, 3759400; returning to 436200, 3759600.
    Unit 1B: Santa Ana Wash. From USGS 1:24,000 quadrangle maps Forest 
Falls, Harrison Mountain, Redlands, San Bernardino South, and Yucaipa, 
California, land bounded by the following UTM 11 NAD 27 coordinates (E, 
N): 482700, 3783600; 482700, 3783500; 482900, 3783500; 482900, 3783400; 
483100, 3783400; 483100, 3783300; 483300, 3783300; 483300, 3783200; 
483400, 3783200; 483400, 3782700; 483100, 3782700; 483100, 3782600; 
483200, 3782600; 483200, 3782500; 483100, 3782500; 483100, 3782100; 
483200, 3782100; 483200, 3782000; 483600, 3782000; 483600, 3781800; 
483400, 3781800; 483400, 3781200; 483500, 3781200; 483500, 3781000; 
483600, 3781000; 483600, 3780900; 483500, 3780900; 483500, 3780600; 
483400, 3780600; 483400, 3780500; 483500, 3780500; 483500, 3780200; 
483400, 3780200; 483400, 3780000; 483300, 3780000; 483300, 3779800; 
483400, 3779800; 483400, 3779600; 483300, 3779600; 483300, 3779000; 
483100, 3779000; 483100, 3778900; 483000, 3778900; 483000, 3778700; 
482900, 3778700; 482900, 3778000; 482800, 3778000; 482800, 3777800; 
482900, 3777800; 482900, 3777600; 482800, 3777600; 482800, 3777400; 
482700, 3777400; 482700, 3777000; 482600, 3777000; 482600, 3776500; 
482700, 3776500; 482700, 3775500; 482600, 3775500; 482600, 3775300; 
482500, 3775300; 482500, 3774800; 482600, 3774800; 482600, 3774600; 
482700, 3774600; 482700, 3774500; 482800, 3774500; 482800, 3774300; 
482900, 3774300; 482900, 3774200; 483000, 3774200; 483000, 3774100; 
483100, 3774100; 483100, 3773900; 483200, 3773900; 483200, 3773800; 
484700, 3773800; 484700, 3774200; 486300, 3774200; 486300, 3774300; 
486600, 3774300; 486600, 3774400; 486800, 3774400; 486800, 3774500; 
487100, 3774500; 487100, 3774600; 487200, 3774600; 487200, 3774400; 
487100, 3774400; 487100, 3774000; 487200, 3774000; 487200, 3773900; 
487300, 3773900; 487300, 3772700; 488100, 3772700; 488100, 3772600; 
488200, 3772600; 488200, 3772700; 488500, 3772700; 488500, 3772500; 
489000, 3772500; 489000, 3772700; 489100, 3772700; 489100, 3772800; 
489200, 3772800; 489200, 3773000; 489400, 3773000; 489400, 3773100; 
489800, 3773100; 489800, 3773200; 490400, 3773200; 490400, 3773000; 
490300, 3773000; 490300, 3772800; 490200, 3772800; 490200, 3772700; 
490100, 3772700; 490100, 3772500; 490000, 3772500; 490000, 3772300; 
489900, 3772300; 489900, 3772200; 489800, 3772200; 489800, 3772000; 
489700, 3772000; 489700, 3771600; 489800, 3771600; 489800, 3771500; 
489900, 3771500; 489900, 3771400; 490000, 3771400; 490000, 3771300; 
490200, 3771300; 490200, 3771200; 490300, 3771200; 490300, 3771100; 
490500, 3771100; 490500, 3771000; 490700, 3771000; 490700, 3770900; 
490900, 3770900; 490900, 3770800; 491000, 3770800; 491000, 3770700; 
491100, 3770700; 491100, 3770600; 493200, 3770600; 493200, 3770700; 
493400, 3770700; 493400, 3770800; 493500, 3770800; 493500, 3770900; 
493800, 3770900; 493800, 3771000; 494200, 3771000; 494200, 3771100; 
494500, 3771100; 494500, 3771200; 494600, 3771200; 494600, 3771300; 
494700, 3771300; 494700, 3771400; 494900, 3771400; 494900, 3771500; 
495000, 3771500; 495000, 3771600; 495200, 3771600; 495200, 3771700; 
495500, 3771700; 495500, 3771800; 495800, 3771800; 495800, 3771900; 
496200, 3771900; 496200, 3772000; 496400, 3772000; 496400, 3772100; 
496700, 3772100; 496700, 3772200; 496800, 3772200; 496800, 3772300; 
496900, 3772300; 496900, 3772500; 497000, 3772500; 497000, 3772600; 
497100, 3772600; 497100, 3772700; 497400, 3772700; 497400, 3772800; 
497500, 3772800; 497500, 3773000; 497600, 3773000; 497600, 3773100; 
497700, 3773100; 497700, 3773200; 497900, 3773200; 497900, 3773300; 
498200, 3773300; 498200, 3773400; 498400, 3773400; 498400, 3773500; 
498700, 3773500; 498700, 3773600; 498800, 3773600; 498800, 3773500; 
499300, 3773500; 499300, 3773300; 499500, 3773300; 499500, 3773200; 
499900, 3773200; 499900, 3773100; 500200, 3773100; 500200, 3773000; 
501000, 3773000; 501000, 3773100; 501200, 3773100; 501200, 3773000; 
501600, 3773000; 501600, 3772900; 502400, 3772900; 502400, 3772800; 
503100, 3772800; 503100, 3772700; 503700, 3772700; 503700, 3772600; 
504100, 3772600; 504100, 3772700; 504600, 3772700; 504600, 3772600; 
505100, 3772600; 505100, 3772500; 505400, 3772500; 505400, 3772400; 
505500, 3772400; 505500, 3772300; 505700, 3772300; 505700, 3772200; 
505800, 3772200; 505800, 3772100; 505900, 3772100; 505900, 3771900; 
505500, 3771900; 505500, 3772000; 505300, 3772000; 505300, 3772100; 
505100, 3772100; 505100, 3772200; 504800, 3772200; 504800, 3772300; 
504000, 3772300; 504000, 3772400; 503800, 3772400; 503800, 3772300; 
503700, 3772300; 503700, 3772400; 503500, 3772400; 503500,

[[Page 8853]]

3772300; 503300, 3772300; 503300, 3772200; 502600, 3772200; 502600, 
3772300; 502300, 3772300; 502300, 3772400; 501400, 3772400; 501400, 
3772500; 501200, 3772500; 501200, 3772600; 500800, 3772600; 500800, 
3772700; 500500, 3772700; 500500, 3772800; 500000, 3772800; 500000, 
3772900; 499400, 3772900; 499400, 3773000; 499200, 3773000; 499200, 
3773100; 499100, 3773100; 499100, 3773200; 498700, 3773200; 498700, 
3773300; 498500, 3773300; 498500, 3773200; 498300, 3773200; 498300, 
3773100; 498000, 3773100; 498000, 3773000; 497900, 3773000; 497900, 
3772900; 497800, 3772900; 497800, 3772800; 497700, 3772800; 497700, 
3772700; 497600, 3772700; 497600, 3772600; 497500, 3772600; 497500, 
3772500; 497200, 3772500; 497200, 3772300; 497100, 3772300; 497100, 
3772100; 497000, 3772100; 497000, 3772000; 496700, 3772000; 496700, 
3771900; 496600, 3771900; 496600, 3771800; 496500, 3771800; 496500, 
3771700; 496400, 3771700; 496400, 3771600; 496300, 3771600; 496300, 
3771500; 496200, 3771500; 496200, 3771100; 496100, 3771100; 496100, 
3771000; 496000, 3771000; 496000, 3770900; 495900, 3770900; 495900, 
3770800; 495800, 3770800; 495800, 3770700; 495700, 3770700; 495700, 
3770600; 495600, 3770600; 495600, 3770500; 495300, 3770500; 495300, 
3770400; 494900, 3770400; 494900, 3770300; 494600, 3770300; 494600, 
3770400; 494100, 3770400; 494100, 3770300; 493800, 3770300; 493800, 
3770200; 493200, 3770200; 493200, 3770100; 493100, 3770100; 493100, 
3770200; 492400, 3770200; 492400, 3770300; 490700, 3770300; 490700, 
3770400; 490500, 3770400; 490500, 3770500; 490400, 3770500; 490400, 
3770600; 490200, 3770600; 490200, 3770700; 490100, 3770700; 490100, 
3770800; 490000, 3770800; 490000, 3770900; 489900, 3770900; 489900, 
3771000; 489800, 3771000; 489800, 3771100; 489600, 3771100; 489600, 
3771200; 489500, 3771200; 489500, 3771300; 489400, 3771300; 489400, 
3771400; 489200, 3771400; 489200, 3771500; 489000, 3771500; 489000, 
3771300; 488100, 3771300; 488100, 3770800; 487900, 3770800; 487900, 
3770900; 487800, 3770900; 487800, 3771100; 487900, 3771100; 487900, 
3771300; 487800, 3771300; 487800, 3771400; 487600, 3771400; 487600, 
3771300; 487300, 3771300; 487300, 3771400; 485700, 3771400; 485700, 
3771300; 485500, 3771300; 485500, 3771200; 484800, 3771200; 484800, 
3771300; 484500, 3771300; 484500, 3771200; 484300, 3771200; 484300, 
3771300; 483500, 3771300; 483500, 3771400; 483300, 3771400; 483300, 
3771500; 483000, 3771500; 483000, 3771700; 482500, 3771700; 482500, 
3771800; 482400, 3771800; 482400, 3771900; 482300, 3771900; 482300, 
3772100; 481900, 3772100; 481900, 3772000; 481600, 3772000; 481600, 
3772200; 480900, 3772200; 480900, 3772000; 480700, 3772000; 480700, 
3772100; 479700, 3772100; 479700, 3772000; 479300, 3772000; 479300, 
3771900; 479000, 3771900; 479000, 3771800; 478700, 3771800; 478700, 
3771700; 478500, 3771700; 478500, 3771600; 478400, 3771600; 478400, 
3771500; 478200, 3771500; 478200, 3771400; 478100, 3771400; 478100, 
3771300; 477900, 3771300; 477900, 3771200; 477600, 3771200; 477600, 
3771100; 476700, 3771100; 476700, 3771000; 476300, 3771000; 476300, 
3770900; 476100, 3770900; 476100, 3770800; 475900, 3770800; 475900, 
3770700; 475700, 3770700; 475700, 3770600; 475600, 3770600; 475600, 
3770500; 475500, 3770500; 475500, 3770400; 475300, 3770400; 475300, 
3770300; 475200, 3770300; 475200, 3770100; 475000, 3770100; 475000, 
3770000; 474900, 3770000; 474900, 3769900; 474800, 3769900; 474800, 
3769800; 474600, 3769800; 474600, 3769700; 473900, 3769700; 473900, 
3769600; 473500, 3769600; 473500, 3769500; 473200, 3769500; 473200, 
3769400; 472900, 3769400; 472900, 3769300; 472500, 3769300; 472500, 
3769200; 472400, 3769200; 472400, 3769100; 472200, 3769100; 472200, 
3769000; 472100, 3769000; 472100, 3768900; 472000, 3768900; 472000, 
3768800; 471900, 3768800; 471900, 3768700; 471800, 3768700; 471800, 
3768600; 471700, 3768600; 471700, 3768500; 471600, 3768500; 471600, 
3768400; 471500, 3768400; 471500, 3768300; 471400, 3768300; 471400, 
3768200; 471300, 3768200; 471300, 3768000; 471200, 3768000; 471200, 
3767900; 471100, 3767900; 471100, 3767700; 471000, 3767700; 471000, 
3767500; 470900, 3767500; 470900, 3767300; 470800, 3767300; 470800, 
3767200; 470700, 3767200; 470700, 3767100; 470600, 3767100; 470600, 
3767000; 470400, 3767000; 470400, 3766900; 470100, 3766900; 470100, 
3766800; 469800, 3766800; 469800, 3766900; 469500, 3766900; 469500, 
3767000; 469600, 3767000; 469600, 3767200; 470100, 3767200; 470100, 
3767300; 470300, 3767300; 470300, 3767400; 470400, 3767400; 470400, 
3767500; 470500, 3767500; 470500, 3767600; 470600, 3767600; 470600, 
3767800; 470700, 3767800; 470700, 3768000; 470800, 3768000; 470800, 
3768200; 470900, 3768200; 470900, 3768300; 471000, 3768300; 471000, 
3768400; 471100, 3768400; 471100, 3768500; 471200, 3768500; 471200, 
3768600; 471300, 3768600; 471300, 3768700; 471400, 3768700; 471400, 
3768800; 471500, 3768800; 471500, 3768900; 471600, 3768900; 471600, 
3769000; 471800, 3769000; 471800, 3769100; 471900, 3769100; 471900, 
3769200; 472000, 3769200; 472000, 3769300; 472100, 3769300; 472100, 
3769400; 472200, 3769400; 472200, 3769500; 472500, 3769500; 472500, 
3769600; 472900, 3769600; 472900, 3769700; 473100, 3769700; 473100, 
3769800; 473300, 3769800; 473300, 3769900; 473400, 3769900; 473400, 
3770000; 473600, 3770000; 473600, 3769900; 473900, 3769900; 473900, 
3770000; 474300, 3770000; 474300, 3770100; 474500, 3770100; 474500, 
3770200; 474700, 3770200; 474700, 3770300; 474900, 3770300; 474900, 
3770400; 475000, 3770400; 475000, 3770500; 475100, 3770500; 475100, 
3770600; 475200, 3770600; 475200, 3770700; 475300, 3770700; 475300, 
3770800; 475400, 3770800; 475400, 3770900; 475500, 3770900; 475500, 
3771000; 475700, 3771000; 475700, 3771100; 475900, 3771100; 475900, 
3771200; 476100, 3771200; 476100, 3771300; 476700, 3771300; 476700, 
3771400; 477500, 3771400; 477500, 3771500; 477700, 3771500; 477700, 
3771600; 477800, 3771600; 477800, 3771700; 477900, 3771700; 477900, 
3771800; 478100, 3771800; 478100, 3771900; 478200, 3771900; 478200, 
3772000; 478300, 3772000; 478300, 3772100; 478400, 3772100; 478400, 
3772200; 478500, 3772200; 478500, 3772300; 478700, 3772300; 478700, 
3772400; 479000, 3772400; 479000, 3772500; 479200, 3772500; 479200, 
3772600; 479500, 3772600; 479500, 3772700; 479800, 3772700; 479800, 
3772800; 480000, 3772800; 480000, 3772900; 480200, 3772900; 480200, 
3773000; 480300, 3773000; 480300, 3773100; 480400, 3773100; 480400, 
3773200; 480500, 3773200; 480500, 3773300; 480600, 3773300; 480600, 
3773400; 480800, 3773400; 480800, 3773500; 480900, 3773500; 480900, 
3773600; 481000, 3773600; 481000, 3773700; 481100, 3773700; 481100, 
3773800; 481200, 3773800; 481200, 3773900; 481300, 3773900; 481300, 
3774100; 481400, 3774100; 481400, 3774200; 481500, 3774200; 481500, 
3774300; 481600, 3774300; 481600, 3774400; 481700, 3774400; 481700, 
3774600; 481800, 3774600; 481800, 3774700; 481900, 3774700; 481900, 
3774900; 482000, 3774900; 482000, 3775200; 482100, 3775200; 482100,

[[Page 8854]]

3775500; 482200, 3775500; 482200, 3775700; 482300, 3775700; 482300, 
3776000; 482400, 3776000; 482400, 3776700; 482300, 3776700; 482300, 
3776900; 482400, 3776900; 482400, 3777500; 482500, 3777500; 482500, 
3777900; 482600, 3777900; 482600, 3778900; 482700, 3778900; 482700, 
3779000; 482800, 3779000; 482800, 3779100; 482900, 3779100; 482900, 
3779200; 483000, 3779200; 483000, 3779700; 483200, 3779700; 483200, 
3779800; 483100, 3779800; 483100, 3780100; 483200, 3780100; 483200, 
3780300; 483300, 3780300; 483300, 3780400; 483200, 3780400; 483200, 
3780900; 483100, 3780900; 483100, 3781000; 482800, 3781000; 482800, 
3781500; 482700, 3781500; 482700, 3781700; 482800, 3781700; 482800, 
3781800; 482700, 3781800; 482700, 3782000; 482800, 3782000; 482800, 
3782200; 482900, 3782200; 482900, 3782300; 482800, 3782300; 482800, 
3782600; 482900, 3782600; 482900, 3782800; 483000, 3782800; 483000, 
3783000; 482900, 3783000; 482900, 3783100; 482700, 3783100; 482700, 
3783200; 482600, 3783200; 482600, 3783300; 482300, 3783300; 482300, 
3783500; 482600, 3783500; 482600, 3783600; returning to 482700, 
3783600; excluding land bounded by: 482700, 3773600; 482800, 3773600; 
482800, 3773400; 482900, 3773400; 482900, 3773100; 482800, 3773100; 
482800, 3772900; 482700, 3772900; 482700, 3772700; 482500, 3772700; 
482500, 3772800; 482300, 3772800; 482300, 3772600; 482200, 3772600; 
482200, 3772700; 481900, 3772700; 481900, 3773000; 481100, 3773000; 
481100, 3772900; 480900, 3772900; 480900, 3773300; 481000, 3773300; 
481000, 3773400; 481400, 3773400; 481400, 3773500; 482700, 3773500; 
returning to 482700, 3773600; and excluding land bounded by: 484900, 
3773300; 485100, 3773300; 485100, 3773200; 485300, 3773200; 485300, 
3773100; 485400, 3773100; 485400, 3773000; 485500, 3773000; 485500, 
3772800; 485600, 3772800; 485600, 3772600; 485000, 3772600; 485000, 
3772800; 485100, 3772800; 485100, 3773000; 484600, 3773000; 484400, 
3772900; 484300, 3772900; 484300, 3773000; 484400, 3773000; 484600, 
3773100; 484700, 3773100; 484700, 3773200; 484900, 3773200; returning 
to 484900, 3773300; and excluding land bounded by: 483300, 3772900; 
484300, 3772900; 484300, 3772700; 484400, 3772700; 484400, 3772500; 
484800, 3772500; 484800, 3772000; 484400, 3772000; 484400, 3772100; 
484300, 3772100; 484300, 3772200; 484200, 3772200; 484200, 3772400; 
484100, 3772400; 484100, 3772600; 483300, 3772600; returning to 483300, 
3772900.
BILLING CODE 4310-55-P

[[Page 8855]]

    (ii) Maps of Unit 1 follow:
    [GRAPHIC] [TIFF OMITTED] TR26FE04.072
    

[[Page 8856]]


[GRAPHIC] [TIFF OMITTED] TR26FE04.073

BILLING CODE 4310-55-C
    (5) Unit 2: San Gabriel River system in Los Angeles County, 
California.
    (i) Unit 2 includes the West, North and East Forks of the San 
Gabriel River and the following tributaries from source to confluence: 
Cattle Canyon Creek, Bear Creek, and Big Mermaids Canyon Creek. The San 
Gabriel River portion of the unit extends from the Cogswell Dam on the 
West Fork to the Bridge-of-No Return on the East Fork, and portions of 
the North Fork. The lateral extent of Unit 2 is defined by the UTM 
coordinates described in the legal description.
    Unit 2: San Gabriel River. Los Angeles County, California. From 
USGS 1:24,000 quadrangle maps Azusa, Crystal Lake, Glendora, Mount 
Baldy, Mount San Antonio, and Waterman Mountain, California, land 
bounded by the following UTM 11 NAD 27 coordinates (E, N): 422700, 
3795100; 423300, 3795100; 423300, 3795000; 423400, 3795000; 423400, 
3794400; 423300, 3794400; 423300, 3794300; 423200, 3794300; 423200, 
3794200; 423100, 3794200; 423100, 3794000; 423000, 3794000; 423000, 
3793400; 422900, 3793400; 422900, 3793300; 422800, 3793300; 422800, 
3793200; 422700, 3793200; 422700, 3793100; 422600, 3793100; 422600, 
3792900; 422500, 3792900; 422500, 3792800; 422400, 3792800; 422400, 
3792100; 422500, 3792100; 422500, 3791800; 422700, 3791800; 422700, 
3791900; 422900, 3791900; 422900, 3792000; 423100, 3792000; 423100, 
3792100; 423800, 3792100; 423800, 3792200; 424500, 3792200; 424500, 
3791900; 424300, 3791900; 424300, 3791800; 424000, 3791800; 424000, 
3791700; 423900, 3791700; 423900, 3791600; 423400, 3791600; 423400, 
3791700; 423200, 3791700; 423200, 3791600; 423000, 3791600; 423000, 
3791500; 422900, 3791500; 422900, 3791400; 422700, 3791400; 422700, 
3791300; 422600, 3791300; 422600, 3791200; 422500, 3791200; 422500, 
3791100; 422400, 3791100; 422400, 3791000; 421700, 3791000; 421700, 
3790900; 421600, 3790900; 421600, 3790800; 421500, 3790800; 421500, 
3790700; 421400, 3790700; 421400, 3790600; 421300, 3790600; 421300, 
3790200; 421200, 3790200; 421200, 3790100; 421100, 3790100; 421100, 
3789900; 420800, 3789900; 420800, 3789800; 420700, 3789800; 420700, 
3789700; 420600, 3789700; 420600, 3789600; 420500, 3789600; 420500, 
3789500; 420700, 3789500; 420700, 3789400; 420800, 3789400; 420800, 
3789000; 420900, 3789000; 420900, 3789100; 421100, 3789100; 421100, 
3789200; 421200, 3789200; 421200, 3789300; 421700, 3789300; 421700, 
3789200; 421800, 3789200; 421800, 3789100; 421900, 3789100; 421900, 
3788900; 422000, 3788900; 422000, 3788800; 422200, 3788800; 422200, 
3788700; 422400, 3788700; 422400, 3788500; 422500, 3788500; 422500, 
3788600; 422600, 3788600; 422600, 3788700; 422500, 3788700; 422500, 
3789400; 422600,

[[Page 8857]]

3789400; 422600, 3789600; 422800, 3789600; 422800, 3789400; 422900, 
3789400; 422900, 3789300; 422800, 3789300; 422800, 3789200; 422700, 
3789200; 422700, 3788800; 422800, 3788800; 422800, 3788700; 422900, 
3788700; 422900, 3788800; 423100, 3788800; 423100, 3788900; 423300, 
3788900; 423300, 3788800; 424000, 3788800; 424000, 3788900; 424100, 
3788900; 424100, 3789000; 424600, 3789000; 424600, 3788900; 424700, 
3788900; 424700, 3788700; 424800, 3788700; 424800, 3788600; 425000, 
3788600; 425000, 3788700; 425500, 3788700; 425500, 3788600; 425800, 
3788600; 425800, 3788500; 426100, 3788500; 426100, 3788300; 426400, 
3788300; 426400, 3788200; 426800, 3788200; 426800, 3788300; 427000, 
3788300; 427000, 3788200; 427200, 3788200; 427200, 3788300; 427600, 
3788300; 427600, 3788200; 427700, 3788200; 427700, 3788100; 427800, 
3788100; 427800, 3788000; 428900, 3788000; 428900, 3787900; 429000, 
3787900; 429000, 3788000; 429100, 3788000; 429100, 3788200; 429200, 
3788200; 429200, 3788300; 429300, 3788300; 429300, 3788700; 429400, 
3788700; 429400, 3788800; 429500, 3788800; 429500, 3789000; 429600, 
3789000; 429600, 3789100; 429800, 3789100; 429800, 3789300; 429900, 
3789300; 429900, 3789800; 430000, 3789800; 430000, 3790400; 429900, 
3790400; 429900, 3790500; 429800, 3790500; 429800, 3790400; 429500, 
3790400; 429500, 3790500; 429400, 3790500; 429400, 3790400; 428900, 
3790400; 428900, 3790500; 428800, 3790500; 428800, 3790600; 428900, 
3790600; 428900, 3790700; 429000, 3790700; 429000, 3790800; 429100, 
3790800; 429100, 3790900; 429000, 3790900; 429000, 3791300; 429300, 
3791300; 429300, 3791100; 429500, 3791100; 429500, 3791000; 429600, 
3791000; 429600, 3790900; 429700, 3790900; 429700, 3790800; 430100, 
3790800; 430100, 3790700; 430200, 3790700; 430200, 3790800; 430300, 
3790800; 430300, 3790900; 430400, 3790900; 430400, 3791000; 430600, 
3791000; 430600, 3790900; 430700, 3790900; 430700, 3791000; 431100, 
3791000; 431100, 3791100; 431000, 3791100; 431000, 3791300; 431100, 
3791300; 431100, 3791800; 431200, 3791800; 431200, 3791900; 431100, 
3791900; 431100, 3792400; 431000, 3792400; 431000, 3792500; 430900, 
3792500; 430900, 3792800; 431100, 3792800; 431100, 3792700; 431300, 
3792700; 431300, 3792600; 431400, 3792600; 431400, 3792400; 431500, 
3792400; 431500, 3792200; 431400, 3792200; 431400, 3792100; 431500, 
3792100; 431500, 3791700; 431400, 3791700; 431400, 3791500; 431500, 
3791500; 431500, 3791200; 431400, 3791200; 431400, 3791100; 431500, 
3791100; 431500, 3790800; 431400, 3790800; 431400, 3790700; 431300, 
3790700; 431300, 3790600; 430700, 3790600; 430700, 3790500; 430600, 
3790500; 430600, 3790600; 430500, 3790600; 430500, 3790500; 430300, 
3790500; 430300, 3789800; 430200, 3789800; 430200, 3789200; 430100, 
3789200; 430100, 3788900; 430000, 3788900; 430000, 3788700; 429800, 
3788700; 429800, 3788500; 429700, 3788500; 429700, 3788200; 429600, 
3788200; 429600, 3788100; 429500, 3788100; 429500, 3788000; 429400, 
3788000; 429400, 3787800; 429600, 3787800; 429600, 3787700; 429700, 
3787700; 429700, 3787800; 429800, 3787800; 429800, 3787900; 430400, 
3787900; 430400, 3787800; 430700, 3787800; 430700, 3787900; 430900, 
3787900; 430900, 3788000; 431000, 3788000; 431000, 3788100; 431100, 
3788100; 431100, 3788300; 431200, 3788300; 431200, 3788400; 431300, 
3788400; 431300, 3788500; 431400, 3788500; 431400, 3788600; 431700, 
3788600; 431700, 3788700; 431900, 3788700; 431900, 3788800; 432300, 
3788800; 432300, 3788700; 432400, 3788700; 432400, 3788600; 432500, 
3788600; 432500, 3788500; 432600, 3788500; 432600, 3788400; 432800, 
3788400; 432800, 3788300; 433200, 3788300; 433200, 3788200; 433400, 
3788200; 433400, 3788100; 433500, 3788100; 433500, 3787900; 433700, 
3787900; 433700, 3788000; 434300, 3788000; 434300, 3788100; 434500, 
3788100; 434500, 3788200; 434600, 3788200; 434600, 3788400; 434700, 
3788400; 434700, 3788600; 434800, 3788600; 434800, 3789000; 434900, 
3789000; 434900, 3789100; 435000, 3789100; 435000, 3789200; 435200, 
3789200; 435200, 3789300; 435500, 3789300; 435500, 3789200; 435600, 
3789200; 435600, 3789400; 435700, 3789400; 435700, 3789500; 435900, 
3789500; 435900, 3789000; 435800, 3789000; 435800, 3788900; 435200, 
3788900; 435200, 3788700; 435100, 3788700; 435100, 3788400; 435000, 
3788400; 435000, 3788200; 434900, 3788200; 434900, 3788000; 434800, 
3788000; 434800, 3787800; 434600, 3787800; 434600, 3787700; 434500, 
3787700; 434500, 3787600; 434600, 3787600; 434600, 3787300; 434100, 
3787300; 434100, 3787200; 434000, 3787200; 434000, 3787300; 433800, 
3787300; 433800, 3787400; 433600, 3787400; 433600, 3787500; 433400, 
3787500; 433400, 3787600; 433200, 3787600; 433200, 3787800; 433100, 
3787800; 433100, 3787900; 433000, 3787900; 433000, 3788000; 432600, 
3788000; 432600, 3788100; 432400, 3788100; 432400, 3788200; 432300, 
3788200; 432300, 3788300; 432200, 3788300; 432200, 3788400; 432100, 
3788400; 432100, 3788500; 432000, 3788500; 432000, 3788400; 431900, 
3788400; 431900, 3788300; 431600, 3788300; 431600, 3788200; 431500, 
3788200; 431500, 3788100; 431400, 3788100; 431400, 3788000; 431300, 
3788000; 431300, 3787800; 431200, 3787800; 431200, 3787700; 431100, 
3787700; 431100, 3787600; 430700, 3787600; 430700, 3787500; 430000, 
3787500; 430000, 3787600; 429900, 3787600; 429900, 3787500; 429800, 
3787500; 429800, 3787300; 429600, 3787300; 429600, 3787400; 429400, 
3787400; 429400, 3787500; 428900, 3787500; 428900, 3787600; 428800, 
3787600; 428800, 3787700; 428700, 3787700; 428700, 3787600; 428000, 
3787600; 428000, 3787700; 427400, 3787700; 427400, 3787800; 427100, 
3787800; 427100, 3787900; 426900, 3787900; 426900, 3787800; 426300, 
3787800; 426300, 3787900; 426200, 3787900; 426200, 3788000; 425900, 
3788000; 425900, 3788100; 425600, 3788100; 425600, 3788200; 425400, 
3788200; 425400, 3788300; 424500, 3788300; 424500, 3788500; 424200, 
3788500; 424200, 3788400; 423800, 3788400; 423800, 3788300; 423500, 
3788300; 423500, 3788400; 423100, 3788400; 423100, 3788300; 423000, 
3788300; 423000, 3788100; 422900, 3788100; 422900, 3788000; 422200, 
3788000; 422200, 3788100; 422100, 3788100; 422100, 3788200; 422000, 
3788200; 422000, 3788300; 421700, 3788300; 421700, 3788400; 421600, 
3788400; 421600, 3788800; 421200, 3788800; 421200, 3788700; 421100, 
3788700; 421100, 3788600; 421000, 3788600; 421000, 3788500; 420700, 
3788500; 420700, 3788600; 420500, 3788600; 420500, 3788800; 420400, 
3788800; 420400, 3788900; 419800, 3788900; 419800, 3789000; 419700, 
3789000; 419700, 3789100; 419400, 3789100; 419400, 3789000; 419100, 
3789000; 419100, 3788900; 419000, 3788900; 419000, 3788800; 418600, 
3788800; 418600, 3788700; 418300, 3788700; 418300, 3788800; 417500, 
3788800; 417500, 3788900; 417400, 3788900; 417400, 3789100; 417300, 
3789100; 417300, 3789400; 417100, 3789400; 417100, 3789500; 416700, 
3789500; 416700, 3789400; 416500, 3789400; 416500, 3789300; 416400, 
3789300; 416400, 3789200; 416300, 3789200; 416300, 3789100; 416000, 
3789100; 416000, 3789000; 415800, 3789000; 415800, 3788900; 415700,

[[Page 8858]]

3788900; 415700, 3789000; 415400, 3789000; 415400, 3789100; 415100, 
3789100; 415100, 3789300; 414700, 3789300; 414700, 3789100; 414600, 
3789100; 414600, 3789000; 414500, 3789000; 414500, 3788900; 414400, 
3788900; 414400, 3788800; 414300, 3788800; 414300, 3788700; 414100, 
3788700; 414100, 3788600; 413500, 3788600; 413500, 3788700; 413400, 
3788700; 413400, 3788900; 413300, 3788900; 413300, 3789000; 413200, 
3789000; 413200, 3789100; 413100, 3789100; 413100, 3789200; 413000, 
3789200; 413000, 3789300; 412900, 3789300; 412900, 3789200; 412800, 
3789200; 412800, 3789100; 412700, 3789100; 412700, 3789000; 412600, 
3789000; 412600, 3788900; 412300, 3788900; 412300, 3789200; 411900, 
3789200; 411900, 3789300; 411300, 3789300; 411300, 3789500; 411200, 
3789500; 411200, 3789700; 411500, 3789700; 411500, 3789800; 411700, 
3789800; 411700, 3789700; 411900, 3789700; 411900, 3789600; 412200, 
3789600; 412200, 3789700; 412300, 3789700; 412300, 3789600; 412600, 
3789600; 412600, 3789500; 412700, 3789500; 412700, 3789600; 412800, 
3789600; 412800, 3789800; 413100, 3789800; 413100, 3789700; 413200, 
3789700; 413200, 3789500; 413300, 3789500; 413300, 3789400; 413500, 
3789400; 413500, 3789300; 413700, 3789300; 413700, 3789200; 413800, 
3789200; 413800, 3789300; 414000, 3789300; 414000, 3789400; 414400, 
3789400; 414400, 3789500; 414500, 3789500; 414500, 3789600; 415300, 
3789600; 415300, 3789400; 415600, 3789400; 415600, 3789300; 415800, 
3789300; 415800, 3789400; 416100, 3789400; 416100, 3789500; 416200, 
3789500; 416200, 3789600; 416300, 3789600; 416300, 3789700; 416400, 
3789700; 416400, 3789800; 416900, 3789800; 416900, 3789900; 417000, 
3789900; 417000, 3790600; 417100, 3790600; 417100, 3790700; 416900, 
3790700; 416900, 3790900; 416800, 3790900; 416800, 3791000; 416500, 
3791000; 416500, 3791100; 416200, 3791100; 416200, 3791200; 415900, 
3791200; 415900, 3791300; 415700, 3791300; 415700, 3791500; 415600, 
3791500; 415600, 3791700; 415500, 3791700; 415500, 3791800; 415400, 
3791800; 415400, 3791900; 415200, 3791900; 415200, 3792000; 414700, 
3792000; 414700, 3792100; 414600, 3792100; 414600, 3792300; 415500, 
3792300; 415500, 3792200; 415700, 3792200; 415700, 3792000; 415900, 
3792000; 415900, 3791900; 416000, 3791900; 416000, 3791700; 416200, 
3791700; 416200, 3791600; 416400, 3791600; 416400, 3791500; 416700, 
3791500; 416700, 3791400; 416800, 3791400; 416800, 3791300; 417100, 
3791300; 417100, 3791100; 417200, 3791100; 417200, 3791000; 417500, 
3791000; 417500, 3790600; 417400, 3790600; 417400, 3789800; 417300, 
3789800; 417300, 3789700; 417500, 3789700; 417500, 3789600; 417600, 
3789600; 417600, 3789500; 417700, 3789500; 417700, 3789200; 418200, 
3789200; 418200, 3789800; 418300, 3789800; 418300, 3789900; 418400, 
3789900; 418400, 3790100; 418500, 3790100; 418500, 3790400; 418600, 
3790400; 418600, 3790800; 418500, 3790800; 418500, 3790900; 418200, 
3790900; 418200, 3791000; 418100, 3791000; 418100, 3791200; 418000, 
3791200; 418000, 3791300; 417800, 3791300; 417800, 3791400; 417700, 
3791400; 417700, 3791600; 417600, 3791600; 417600, 3791700; 417500, 
3791700; 417500, 3792200; 417900, 3792200; 417900, 3792300; 417400, 
3792300; 417400, 3792400; 417300, 3792400; 417300, 3792600; 417200, 
3792600; 417200, 3792700; 417600, 3792700; 417600, 3792600; 418100, 
3792600; 418100, 3792900; 418200, 3792900; 418200, 3793300; 418300, 
3793300; 418300, 3793200; 418400, 3793200; 418400, 3792500; 418300, 
3792500; 418300, 3792200; 418200, 3792200; 418200, 3792000; 418100, 
3792000; 418100, 3791700; 418200, 3791700; 418200, 3791600; 418400, 
3791600; 418400, 3791400; 418500, 3791400; 418500, 3791300; 418600, 
3791300; 418600, 3791200; 418800, 3791200; 418800, 3791100; 418900, 
3791100; 418900, 3791000; 419000, 3791000; 419000, 3790600; 419100, 
3790600; 419100, 3790300; 419000, 3790300; 419000, 3790200; 418900, 
3790200; 418900, 3789700; 418800, 3789700; 418800, 3789600; 418700, 
3789600; 418700, 3789500; 418600, 3789500; 418600, 3789200; 418800, 
3789200; 418800, 3789300; 419100, 3789300; 419100, 3789400; 419900, 
3789400; 419900, 3789500; 420000, 3789500; 420000, 3789600; 420100, 
3789600; 420100, 3789700; 420200, 3789700; 420200, 3789900; 420300, 
3789900; 420300, 3790000; 420500, 3790000; 420500, 3790100; 420700, 
3790100; 420700, 3790200; 420800, 3790200; 420800, 3790300; 420900, 
3790300; 420900, 3790500; 421000, 3790500; 421000, 3790900; 421100, 
3790900; 421100, 3791000; 421200, 3791000; 421200, 3791100; 421300, 
3791100; 421300, 3791200; 421400, 3791200; 421400, 3791300; 421500, 
3791300; 421500, 3791400; 422200, 3791400; 422200, 3791500; 422300, 
3791500; 422300, 3791700; 422200, 3791700; 422200, 3791900; 422100, 
3791900; 422100, 3792200; 422000, 3792200; 422000, 3793100; 422100, 
3793100; 422100, 3793200; 422200, 3793200; 422200, 3793400; 422400, 
3793400; 422400, 3793500; 422500, 3793500; 422500, 3794200; 422600, 
3794200; 422600, 3794400; 422500, 3794400; 422500, 3794600; 422600, 
3794600; 422600, 3795000; 422700, 3795000; returning to 422700, 
3795100.
BILLING CODE 4310-55-P

[[Page 8859]]

    (ii) The map of Unit 2 follows:
    [GRAPHIC] [TIFF OMITTED] TR26FE04.074
    
BILLING CODE 4310-55-C
    (6) Unit 3: Big Tujunga Creek system in Los Angeles County, 
California
    (i) Unit 3 includes the stretch of Big Tujunga Creek between the 
Big Tujunga Dam and Hansen Dam and the following tributaries: Stone 
Canyon Creek, Delta Canyon Creek, Gold Canyon Creek, and Little Tujunga 
Creek. The lateral extent of Unit 3 is defined by the UTM coordinates 
described in the legal description.
    Unit 3: Big Tujunga Creek. Los Angeles County, California. From 
USGS 1:24,000 quagrangle maps Condor Peak, San Fernando, and Sunland, 
California, land bounded by the following UTM 11 NAD 27 coordinates (E, 
N): 381800, 3797700; 382100, 3797700; 382100, 3797600; 382300, 3797600; 
382300, 3797500; 382400, 3797500; 382400, 3797400; 382700, 3797400; 
382700, 3797300; 382800, 3797300; 382800, 3797200; 383000, 3797200; 
383000, 3797100; 383100, 3797100; 383100, 3797000; 383300, 3797000; 
383300, 3796500; 383400, 3796500; 383400, 3796300; 383300, 3796300; 
383300, 3796200; 383200, 3796200; 383200, 3796100; 383600, 3796100; 
383600, 3796300; 383700, 3796300; 383700, 3796500; 384300, 3796500; 
384300, 3796400; 384400, 3796400; 384400, 3796300; 384600, 3796300; 
384600, 3796200; 384900, 3796200; 384900, 3796100; 385000, 3796100; 
385000, 3796000; 385100, 3796000; 385100, 3795900; 385200, 3795900; 
385200, 3795800; 385300, 3795800; 385300, 3795700; 385900, 3795700; 
385900, 3795600; 386100, 3795600; 386100, 3795500; 386200, 3795500; 
386200, 3795400; 386300, 3795400; 386300, 3795300; 386500, 3795300; 
386500, 3795200; 386600, 3795200; 386600, 3795100; 386700, 3795100; 
386700, 3794900; 386800, 3794900; 386800, 3794800; 386900, 3794800; 
386900, 3794700; 387000, 3794700; 387000, 3794600; 387100, 3794600; 
387100, 3794500; 387200, 3794500; 387200, 3794400; 387600, 3794400; 
387600, 3794300; 387700, 3794300; 387700, 3794200; 387800, 3794200; 
387800, 3793800; 387900, 3793800; 387900, 3793900; 388000, 3793900; 
388000, 3793800; 388100, 3793800; 388100, 3793600; 388600, 3793600; 
388600, 3793700; 388800, 3793700; 388800, 3793800; 389100, 3793800; 
389100, 3793700; 389300, 3793700; 389300, 3793800; 389400, 3793800; 
389400, 3793900; 389600, 3793900; 389600, 3794000; 389700, 3794000; 
389700, 3794100; 389800, 3794100; 389800, 3794200; 389900, 3794200; 
389900, 3794300; 390000, 3794300; 390000, 3794700; 390100, 3794700; 
390100, 3794900; 390200, 3794900; 390200, 3795000; 390400, 3795000; 
390400,

[[Page 8860]]

3795100; 390500, 3795100; 390500, 3795200; 390700, 3795200; 390700, 
3795300; 390800, 3795300; 390800, 3795200; 390900, 3795200; 390900, 
3795100; 390800, 3795100; 390800, 3795000; 390700, 3795000; 390700, 
3794800; 390600, 3794800; 390600, 3794700; 390400, 3794700; 390400, 
3794600; 390300, 3794600; 390300, 3794300; 390200, 3794300; 390200, 
3794200; 390100, 3794200; 390100, 3794100; 390000, 3794100; 390000, 
3793900; 389900, 3793900; 389900, 3793800; 389800, 3793800; 389800, 
3793700; 389600, 3793700; 389600, 3793600; 389500, 3793600; 389500, 
3793500; 389400, 3793500; 389400, 3793400; 389200, 3793400; 389200, 
3793300; 389000, 3793300; 389000, 3793500; 388900, 3793500; 388900, 
3793400; 388800, 3793400; 388800, 3793300; 388700, 3793300; 388700, 
3793200; 388300, 3793200; 388300, 3793100; 388000, 3793100; 388000, 
3793200; 387900, 3793200; 387900, 3793500; 387800, 3793500; 387800, 
3793400; 387600, 3793400; 387600, 3793700; 387500, 3793700; 387500, 
3794000; 387200, 3794000; 387200, 3794100; 387100, 3794100; 387100, 
3794200; 387000, 3794200; 387000, 3794300; 386800, 3794300; 386800, 
3794500; 386500, 3794500; 386500, 3794600; 386400, 3794600; 386400, 
3794800; 386300, 3794800; 386300, 3794700; 386200, 3794700; 386200, 
3794400; 386100, 3794400; 386100, 3794300; 385900, 3794300; 385900, 
3794200; 385800, 3794200; 385800, 3794000; 385600, 3794000; 385600, 
3794300; 385700, 3794300; 385700, 3794400; 385800, 3794400; 385800, 
3794500; 386000, 3794500; 386000, 3795000; 385800, 3795000; 385800, 
3795100; 385700, 3795100; 385700, 3795200; 385600, 3795200; 385600, 
3795300; 385500, 3795300; 385500, 3795500; 385100, 3795500; 385100, 
3795600; 385000, 3795600; 385000, 3795700; 384800, 3795700; 384800, 
3795800; 384700, 3795800; 384700, 3795900; 384600, 3795900; 384600, 
3796000; 384200, 3796000; 384200, 3795900; 384300, 3795900; 384300, 
3795800; 384400, 3795800; 384400, 3795600; 384600, 3795600; 384600, 
3795000; 384500, 3795000; 384500, 3794900; 384400, 3794900; 384400, 
3794800; 384300, 3794800; 384300, 3794700; 384100, 3794700; 384100, 
3794900; 384200, 3794900; 384200, 3795000; 384400, 3795000; 384400, 
3795300; 384500, 3795300; 384500, 3795400; 384300, 3795400; 384300, 
3795500; 384200, 3795500; 384200, 3795700; 384100, 3795700; 384100, 
3795800; 384000, 3795800; 384000, 3795600; 383700, 3795600; 383700, 
3795700; 383600, 3795700; 383600, 3795800; 383400, 3795800; 383400, 
3795900; 383100, 3795900; 383100, 3795800; 382900, 3795800; 382900, 
3795700; 382800, 3795700; 382800, 3795800; 382500, 3795800; 382500, 
3795700; 382400, 3795700; 382400, 3795600; 382200, 3795600; 382200, 
3795500; 382100, 3795500; 382100, 3795400; 382000, 3795400; 382000, 
3795200; 381900, 3795200; 381900, 3795100; 381800, 3795100; 381800, 
3795000; 381600, 3795000; 381600, 3794900; 381500, 3794900; 381500, 
3794800; 381400, 3794800; 381400, 3794600; 381300, 3794600; 381300, 
3794300; 381200, 3794300; 381200, 3794000; 381000, 3794000; 381000, 
3793900; 380900, 3793900; 380900, 3793800; 380800, 3793800; 380800, 
3793600; 380700, 3793600; 380700, 3793400; 380500, 3793400; 380500, 
3793300; 380100, 3793300; 380100, 3793400; 379800, 3793400; 379800, 
3793300; 379500, 3793300; 379500, 3793200; 379400, 3793200; 379400, 
3793100; 379300, 3793100; 379300, 3793000; 379200, 3793000; 379200, 
3792900; 379000, 3792900; 379000, 3792700; 378800, 3792700; 378800, 
3792500; 378400, 3792500; 378400, 3792400; 378300, 3792400; 378300, 
3792300; 378000, 3792300; 378000, 3792200; 377900, 3792200; 377900, 
3792100; 377300, 3792100; 377300, 3792200; 376900, 3792200; 376900, 
3792100; 375900, 3792100; 375900, 3792200; 375300, 3792200; 375300, 
3792300; 374200, 3792300; 374200, 3792200; 373800, 3792200; 373800, 
3792100; 373700, 3792100; 373700, 3792000; 373800, 3792000; 373800, 
3791800; 373700, 3791800; 373700, 3791700; 373400, 3791700; 373400, 
3791600; 372700, 3791600; 372700, 3791700; 372500, 3791700; 372500, 
3791800; 372200, 3791800; 372200, 3791900; 372000, 3791900; 372000, 
3792000; 371800, 3792000; 371800, 3792100; 371600, 3792100; 371600, 
3792300; 371700, 3792300; 371700, 3792700; 372000, 3792700; 372000, 
3792800; 372300, 3792800; 372300, 3792900; 372700, 3792900; 372700, 
3792800; 373200, 3792800; 373200, 3792700; 373400, 3792700; 373400, 
3792900; 373500, 3792900; 373500, 3793100; 373600, 3793100; 373600, 
3793400; 373700, 3793400; 373700, 3793800; 373800, 3793800; 373800, 
3793900; 373700, 3793900; 373700, 3794100; 373800, 3794100; 373800, 
3794200; 373900, 3794200; 373900, 3794600; 374000, 3794600; 374000, 
3794700; 374100, 3794700; 374100, 3794800; 374200, 3794800; 374200, 
3795000; 374400, 3795000; 374400, 3795100; 374500, 3795100; 374500, 
3795200; 374600, 3795200; 374600, 3795300; 374800, 3795300; 374800, 
3795400; 375000, 3795400; 375000, 3795500; 375100, 3795500; 375100, 
3795600; 375200, 3795600; 375200, 3795700; 375700, 3795700; 375700, 
3795800; 375800, 3795800; 375800, 3796100; 375900, 3796100; 375900, 
3796400; 376000, 3796400; 376000, 3796500; 376100, 3796500; 376100, 
3796800; 376400, 3796800; 376400, 3796400; 376200, 3796400; 376200, 
3796000; 376100, 3796000; 376100, 3795800; 376000, 3795800; 376000, 
3795600; 375900, 3795600; 375900, 3795500; 375700, 3795500; 375700, 
3795400; 375500, 3795400; 375500, 3795300; 375300, 3795300; 375300, 
3795200; 375100, 3795200; 375100, 3795100; 374900, 3795100; 374900, 
3795000; 374800, 3795000; 374800, 3794900; 374700, 3794900; 374700, 
3794800; 374600, 3794800; 374600, 3794700; 374500, 3794700; 374500, 
3794600; 374300, 3794600; 374300, 3794500; 374200, 3794500; 374200, 
3794400; 374100, 3794400; 374100, 3794100; 374000, 3794100; 374000, 
3793700; 373900, 3793700; 373900, 3793300; 373800, 3793300; 373800, 
3792800; 373700, 3792800; 373700, 3792700; 374300, 3792700; 374300, 
3792900; 374200, 3792900; 374200, 3793000; 374100, 3793000; 374100, 
3793200; 374600, 3793200; 374600, 3793100; 374800, 3793100; 374800, 
3793000; 374900, 3793000; 374900, 3792900; 375100, 3792900; 375100, 
3793000; 375700, 3793000; 375700, 3792900; 376400, 3792900; 376400, 
3793000; 376800, 3793000; 376800, 3793100; 377100, 3793100; 377100, 
3793200; 377500, 3793200; 377500, 3793300; 377800, 3793300; 377800, 
3793200; 378300, 3793200; 378300, 3793100; 378800, 3793100; 378800, 
3793200; 379000, 3793200; 379000, 3793400; 379200, 3793400; 379200, 
3793500; 379300, 3793500; 379300, 3793600; 379600, 3793600; 379600, 
3793700; 379700, 3793700; 379700, 3793800; 380100, 3793800; 380100, 
3793900; 380300, 3793900; 380300, 3794000; 380500, 3794000; 380500, 
3794100; 380600, 3794100; 380600, 3794200; 380700, 3794200; 380700, 
3794300; 380900, 3794300; 380900, 3794600; 381000, 3794600; 381000, 
3794800; 381100, 3794800; 381100, 3794900; 381200, 3794900; 381200, 
3795000; 381300, 3795000; 381300, 3795100; 381500, 3795100; 381500, 
3795400; 381800, 3795400; 381800, 3795600; 381900, 3795600; 381900, 
3795800; 382000, 3795800; 382000, 3795900; 382200, 3795900; 382200, 
3796000; 382300, 3796000; 382300, 3796100; 382900, 3796100; 382900,

[[Page 8861]]

3796300; 383000, 3796300; 383000, 3796400; 383100, 3796400; 383100, 
3796800; 383000, 3796800; 383000, 3796900; 382900, 3796900; 382900, 
3797000; 382700, 3797000; 382700, 3797100; 382500, 3797100; 382500, 
3797200; 382200, 3797200; 382200, 3797300; 382100, 3797300; 382100, 
3797400; 381900, 3797400; 381900, 3797500; 381800, 3797500; returning 
to 381800, 3797700.
    (ii) The map of Unit 3 follows:
BILLING CODE 4310-55-P

[GRAPHIC] [TIFF OMITTED] TR26FE04.075

    (7) Lands located within the exterior boundaries of the critical 
habitat designation that are not considered critical habitat and are 
therefore excluded by definition include: existing paved roads; 
bridges; parking lots; railroad tracks; railroad trestles; and 
residential, commercial, and industrial developments.
* * * * *

    Dated: February 20, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-4225 Filed 2-25-04; 8:45 am]
BILLING CODE 4310-55-C