[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Proposed Rules]
[Pages 71880-72017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26681]



[[Page 71879]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 226



Endangered and Threatened Species; Designation of Critical Habitat for 
Seven Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus 
tshawytscha) and Steelhead (O. mykiss) in California; Proposed Rule

  Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / 
Proposed Rules  

[[Page 71880]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 041123329-4329-01; I.D. No. 110904F]
RIN 0648-AO04


Endangered and Threatened Species; Designation of Critical 
Habitat for Seven Evolutionarily Significant Units of Pacific Salmon 
(Oncorhynchus tshawytscha) and Steelhead (O. mykiss) in California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: The National Marine Fisheries Service (NMFS) proposes to 
designate critical habitat for two Evolutionarily Significant Units 
(ESUs) of chinook salmon (Oncorhynchus tshawytscha) and five ESUs of O. 
mykiss (inclusive of anadromous steelhead and resident rainbow trout) 
listed under the Endangered Species Act of 1973, as amended (ESA). The 
specific areas proposed for designation in the rule text set out below 
include approximately 11,668 miles (18,669 km) of riverine habitat and 
947 mi\2\ (2,444 km\2\) of bay/estuarine habitat (primarily in San 
Francisco-San Pablo-Suisun Bays) in California. Some of the proposed 
areas, however, are occupied by two or more ESUs. However, as explained 
below, we are also considering excluding many of these areas from the 
final designation based on existing land management plans and policies, 
voluntary conservation efforts and other factors that could 
substantially reduce the scope of the final designations. The net 
economic impacts of ESA section 7 associated with designating the areas 
described in the proposed rule are estimated to be approximately 
$83,511,186, but we believe the additional exclusions under review 
could reduce this impact by up to 57 percent or more. We solicit 
information and comments from the public on all aspects of the 
proposal, including information on the economic, national security, and 
other relevant impacts of the proposed designation. We may revise this 
proposal and solicit additional comments prior to final designation to 
address new information received during the comment period.

DATES: Comments on this proposed rule must be received by 5 p.m. P.s.t. 
on February 8, 2005. Requests for public hearings must be made in 
writing by January 24, 2005.

ADDRESSES: You may submit comments, identified by docket number 
[041123329-4329-01] and RIN number [0648-AO04], by any of the following 
methods:
     E-mail: [email protected]. Include docket 
number [041123329-4329-01] and RIN number [0648-AO04] in the subject 
line of the message.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web site: http://ocio.nmfs.noaa.gov/ibrm-ssi/index.shtml. Follow the instructions for submitting comments at http://ocio.nmfs.noaa.gov/ibrm-ssi/process.shtml.
     Mail: Submit written comments and information to: 
Assistant Regional Administrator, Protected Resources Division, NMFS, 
501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. You may 
hand-deliver written comments to our office during normal business 
hours at the address given above.
     Fax: 562-980-4027

FOR FURTHER INFORMATION CONTACT: Craig Wingert at the above address, at 
562-980-4021, or by facsimile at 562-980-4027; or Marta Nammack at 301-
713-1401. The proposed rule, maps, and other materials relating to this 
proposal can be found on our Web site at http://swr.nmfs.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    NMFS is responsible for determining whether species, subspecies, or 
distinct population segments of Pacific salmon and O. mykiss (inclusive 
of anadromous steelhead and some populations of resident rainbow trout) 
are threatened or endangered, and for designating constitute critical 
habitat for them under the ESA (16 U.S.C. 1531 et seq). To be 
considered for ESA listing, a group of organisms must constitute a 
``species.'' Section 3 of the ESA defines a species as ``any subspecies 
of fish or wildlife or plants, and any distinct population segment of 
any species of vertebrate fish or wildlife which interbreeds when 
mature.'' Since 1991, NMFS has identified distinct population segments 
of Pacific salmon and O. mykiss by dividing the U.S. populations of 
each species into evolutionarily significant units (ESUs) which it 
determines are substantially reproductively isolated and represent an 
important component in the evolutionary legacy of the biological 
species (56 FR 58612; November 20, 1991). Using this approach, every 
Pacific salmon and O. mykiss population in the U.S. is part of a 
distinct population segment that is eligible for listing as a 
threatened or endangered species under the ESU. In ESA listing 
determinations for Pacific salmon and O. mykiss since 1991 we have 
identified 52 ESUs in Washington, Oregon, Idaho and California. 
Presently, 25 ESUs are listed as threatened or endangered. One 
additional ESU (Oregon Coast coho salmon) was listed as threatened from 
1998 to 2004 when it was removed from the list of threatened or 
endangered species as a result of a Court Order.
    In a Federal Register document published on June 14, 2004 (69 FR 
33101), we proposed to list 27 ESUs as threatened or endangered. The 
ESUs proposed for listing include 25 that are currently listed, but in 
most cases the ESUs are being redefined in either of two significant 
ways: By including hatchery fish that are no more than moderately 
divergent genetically from naturally spawning fish within the ESU, and 
in the case of O. mykiss species, by including some resident trout 
populations in the ESUs. We have also proposed to list the previously-
listed Oregon Coast coho salmon population which is redefined to 
include some fish reared in hatcheries, and are proposing to list one 
new ESU (Lower Columbia River O. mykiss, was previously thought to be 
extinct in the wild). In this document, O. mykiss ESUs refer to ESUs 
that include populations of both anadromous steelhead and resident 
rainbow trout. Also, references to ``salmon'' in this notice generally 
include all members of the genus Oncorhynchus, including O. mykiss.
    This Federal Register document describes proposed critical habitat 
designations for the following seven ESUs of Pacific salmon and O. 
mykiss in California: (1) California Coastal chinook salmon; (2) 
Northern California O. mykiss; (3) Central California Coast O. mykiss; 
(4) South-Central California Coast O. mykiss; (5) Southern California 
O. mykiss; (6) Central Valley spring run chinook salmon; and (7) 
Central Valley O. mykiss.
    Section 3 of the ESA defines critical habitat 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 
(I) essential to the conservation of the species and (II) which may 
require special management considerations or protection; and

[[Page 71881]]

specific areas outside the geographical area occupied by the species at 
the time it is listed that are determined by the Secretary to be 
essential for the conservation of the species.'' Section 3 of the ESA 
(16 U.S.C. 1532(3)) also defines the terms ``conserve,'' 
``conserving,'' and ``conservation'' to mean ``to use, and the use of, 
all methods and procedures which are necessary to bring any endangered 
species or threatened species to the point at which the measures 
provided pursuant to this chapter are no longer necessary.'' Section 4 
of the ESA requires that before designating critical habitat, we must 
consider economic impacts, impacts on national security and other 
relevant impacts of specifying any particular area as critical habitat, 
and the Secretary may exclude any area from critical habitat if the 
benefits of exclusion outweigh the benefits of inclusion, unless 
excluding an area from critical habitat will result in the extinction 
of the species concerned. Once critical habitat for a salmon or O. 
mykiss ESU is designated, section 7(a)(2) of the ESA requires that each 
Federal agency shall, in consultation with and with the assistance of 
NMFS, ensure that any action authorized, funded or carried out by such 
agency is not likely to result in the destruction or adverse 
modification of critical habitat.

Previous Federal Action and Related Litigation

    Many Pacific salmon and O. mykiss ESUs in California and the 
Pacific Northwest have suffered broad declines over the past hundred 
years. We have conducted several ESA status reviews and status review 
updates for Pacific salmon and O. mykiss in California, Oregon, 
Washington, and Idaho. The most recent ESA status review and proposed 
listing determinations were published on June 14, 2004 (69 FR 33101). 
Six of the currently listed ESUs have final critical habitat 
designations. Table 1 summarizes the NMFS scientific reviews of West 
Coast salmon and O. mykiss and the ESA listing determinations and 
critical habitat designations made to date. XXX

Table 1.--Summary of Previous ESA Listing Actions and Critical Habitat Designations for West Coast Salmon and O.
                                                     Mykiss
----------------------------------------------------------------------------------------------------------------
                                                                          Previous ESA listing      Previous
                                                                           determinations and      scientific
  Evolutionarily significant    Current endangered species  Year listed     critical habitat        viability
          unit (ESU)                 Act (ESA) status                    designations--Federal     reviews and
                                                                           Register citations        updates
----------------------------------------------------------------------------------------------------------------
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  56 FR 58619; 11/20/
                                                                          1991 (Final rule)
                                                            ...........  56 FR 14055; 04/05/
                                                                          1991 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  58 FR 68543; 12/28/
                                                                          1993 (Final rule)
Snake River sockeye ESU......  Endangered.................         1991  57 FR 57051; 12/02/    NMES 1991a.
                                                                          1992 (Proposed rule).
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  64 FR 14528; 03/25/
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11750; 03/10/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998d.
                                                                          2000 (Final rule)
Ozette Lake sockeye ESU......  Threatened.................         1999  63 FR 11750; 03/10/    NMFS 1997f.
                                                                          1998 (Proposed rule).
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  59 FR 440; 01/01/1994
                                                                          (Final rule)
                                                            ...........  57 FR 27416; 06/19/
                                                                          1992 (Proposed rule)
                                                            ...........  55 FR 49623; 11/30/
                                                                          1990 (Final rule)
                                                            ...........  55 FR 12831, 04/06/
                                                                          1990 (Emergency
                                                                          rule)
                                                            ...........  55 FR 102260; 03/20/
                                                                          1990 (Proposed rule)
                                                            ...........  54 FR 10260; 08/04/
                                                                          1989 (Emergency
                                                                          rule)
                                                            ...........  52 FR 6041; 02/27/
                                                                          1987 (Final rule)
Sacramento River winter-run    Endangered.................         1994  Critical Habitat
 chinook ESU.                                                             Designations.
                                                            ...........  68 FR 55900; 09/29/
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/
                                                                          2000 (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  64 FR 50394; 09/16/
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998b.
                                                                          2000 (Final rule)
Central Valley spring-run      Threatened.................         1999  63 FR 11482; 03/09/    NMFS 1999d.
 chinook ESU.                                                             1998 (Proposed rule).
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  64 FR 50394; 09/16/
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/
                                                                          2003 (removal)

[[Page 71882]]

 
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998b.
                                                                          2000 (Final rule)
California Coastal chinook     Threatened.................         1999  63 FR 11482; 03/09/    NMFS 1999d.
 ESU.                                                                     1998 (Proposed rule).
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  64 FR 14308; 03/24/99
                                                                          (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    NMFS 1998b.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998e.
                                                                          2000 (Final rule).
Upper Willamette River         Threatened.................         1999  63 FR 11482; 03/09/    NMFS 1999c.
 chinook ESU.                                                             1998 (Proposed rule).
                                                            ...........  Listing                NMFS 1998e.
                                                                          Determinations.
Lower Columbia River chinook   Threatened.................         1999  69 FR 33102; 06/14/04  NMFS 1999c.
 ESU.                                                                     (Proposed rule).
                                                            ...........  64 FR 14308; 03/24/99
                                                                          (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/
                                                                          2000 (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  64 FR 14308; 03/24/99
                                                                          (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    NMFS 1998b.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998e.
                                                                          2000 (Final rule).
Upper Columbia River spring-   Endangered.                         1999  63 FR 11482; 03/09/    NMFS 1998c.
 run chinook ESU.                                                         1998 (Proposed rule).
                                                                         Listing
                                                                          Determinations.
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed NMFS 1999c
                                                                          rule)
                                                            ...........  64 FR 14308; 03/24/99
                                                                          (Final rule)
                                                            ...........  63 FR 11482; 03/09/
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    NMFS 1998b.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1998e.
                                                                          2000 (Final rule).
Puget Sound chinook ESU......  Threatened.................         1999  63 FR 11482; 03/09/    NMFS 1999c.
                                                                          1998 (Proposed rule).
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  63 FR 1807; 0/12/1998
                                                                          (Proposal withdrawn)
                                                            ...........  59 FR 66784; 12/28/
                                                                          1994 (Proposed rule)
                                                            ...........  59 FR 42529; 08/18/
                                                                          1994 (Emergency
                                                                          rule)
                                                            ...........  57 FR 23458; 06/03/
                                                                          1992 (Correction)
                                                            ...........  57 FR 14653; 04/22/
                                                                          1992 (Final rule)
                                                            ...........  56 FR 29547; 06/27/    NMFS 1991c.
                                                                          1991 (Proposed rule)
Snake River fall-run chinook   Threatened.................         1992  Critical Habitat       NMFS 1999d.
 ESU.                                                                     Designations.
                                                            ...........  58 FR 68543; 12/28/
                                                                          1993 (Final rule)
                                                            ...........  57 FR 57051; 12/02/
                                                                          1992 (Proposed rule)
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  63 FR 1807; 0/12/1998
                                                                          (Proposal withdrawn)
                                                            ...........  59 FR 66784; 12/28/
                                                                          1994 (Proposed rule)
                                                            ...........  59 FR 42529; 08/18/
                                                                          1994 (Emergency
                                                                          rule)
                                                            ...........  57 FR 23458; 06/03/
                                                                          1992 (Correction)
                                                            ...........  57 FR 34639; 04/22/92
                                                                          (Final rule)
                                                            ...........  56 FR 29542; 06/27/
                                                                          1991 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  58 FR 68543; 12/28/    NMFS 1991b.
                                                                          1993 (Final rule).
Snake River spring/summer-run  Threatened                          1992  57 FR 57051; 12/02/    NMFS 1998b.
 chinook ESU.                                                             1992 (Proposed rule)
                                                                         Listing
                                                                          Determinations.
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  61 FR 56138;-10/31/
                                                                          1996 (Final rule)
                                                            ...........  60 FR 38011; 07/25/
                                                                          1995 (Proposed rule)
                                                            ...........  Critical Habitat
                                                                          Designations
                                                            ...........  64 FR 24049; 05/05/    Bryant 1994.
                                                                          1999 (Final rule)
Central California Coast coho  Threatened.................         1996  62 FR 62791; 11/25/    NMFS 1995a.
 ESU.                                                                     1997 (Proposed rule)

[[Page 71883]]

 
                                                            ...........  Listing
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  62 FR 24588; 05/06/
                                                                          1997 (Final rule)
                                                            ...........  60 FR 38011; 07/25/    NMFS 1997a.
                                                                          1995 (Proposed rule)
                                                            ...........  Critical Habitat       NMFS1996c.
                                                                          Designations
                                                            ...........  64 FR 24049; 05/05/    NMFS 1996e.
                                                                          1999 (Final rule)
Southern Oregon/Northern       Threatened                          1997  62 FR 62791; 11/25/    NMFS 1995a.
 California Coast.                                                        1997 (Proposed rule)
                                                            ...........                         NMFS 1997a.
                               Proposed                     ...........                         NMFS 1996b.
Oregon Coast coho ESU........  Threatened*                         1998  Listing                NMFS 1996d.
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  69 FR 19975; 04/15/    ................
                                                                          2004 (Candidate
                                                                          list)
                                                            ...........  63 FR 42587; 08/10/    ................
                                                                          1998 (Final rule)
                                                            ...........  62 FR 24588; 05/06/    ................
                                                                          1997 (Proposal
                                                                          withdrawn)
                                                            ...........  61 FR 56138;10/31/     ................
                                                                          1996 (6 mo.
                                                                          extension)
                                                            ...........  60 FR 38011; 07/25/    ................
                                                                          1995 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     ................
                                                                          2000 (Final rule)
                                                            ...........  64 FR 24998; 0510/     NMFS 1995a.
                                                                          1999 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  69 FR 19975; 04/15/    ................
                                                                          2004 (Candidate
                                                                          list)
                               Proposed...................  ...........  60 FR 38011; 07/25/    NMFS 1996e.
                                                                          1995 (Not warranted).
                                                            ...........  Critical Habitat       NMFS 1995a.
                                                                          Designations.
Lower Columbia River coho ESU  Threatened.................         1995  n/a..................  BNFS 1991a.
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  64 FR 14508; 03/25/    ................
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11774; 03/10/    ................
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    NMFS 1997e.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1999b.
                                                                          2000 (Final rule).
Columbia River chum ESU......  Threatened.................         1999  63 FR 11774; 03/10/    NMFS 1999c.
                                                                          1998 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  64 FR 14508; 03/25/    ................
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11774; 03/10/    ................
                                                                          1998 (Proposed rule)
                                                            ...........  Critical Habitat       NMFS 1996d.
                                                                          Designations.
                                                            ...........  68 FR 55900; 09/29/    NMFS 1997e.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1999b.
                                                                          2000 (Final rule).
Hood Canal summer-run chum     Threatened.................         1999  63 FR 11774; 03/10/    NMFS 1999c.
 ESU.                                                                     1998 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  67 FR 21568; 05/01/    ................
                                                                          2002 (Redefinition
                                                                          of ESU)
                                                            ...........  62 FR 43937; 08/18/    ................
                                                                          1997 (Final rule)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     NMFS 1996b
                                                                          2000 (Final rule)
Southern California O.         Endangered.................         1997  64 FR 5740; 03/10/     NMFS 1997b.
 mykiss\+\ ESU.                                                           1999 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                                         62 FR 43937; 08/18/    ................
                                                                          1997 (Final rule)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     NMFS 1996b.
                                                                          2000 (Final rule).
South-Central California       Threatened.................         1997  64 FR 5740; 03/10/     NMFS 1997b.
 Coast O. mykiss ESU                                                      1999 (Proposed rule).
                                                                         Listing
                                                                          Determinations.
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  62 FR 43937; 08/18/    ................
                                                                          1997 (Final rule)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68FR 55900; 09/29/     ................
                                                                          2003 (removal)

[[Page 71884]]

 
                                                            ...........  65 FR 7764; 02/16/     NMFS 1996b.
                                                                          2000 (Final rule).
Central California Coast O.    Threatened.................         1997  64 FR 5740; 03/10/     NMFS 1997b.
 mykiss ESU.                                                              1999 (Proposed rule).
                                                                         Listing
                                                                          Determinations.
                                                            ...........  69 FR 33102; 6/14/04   NMFS 1996b.
                                                                          (Proposed rule).
                                                            ...........  63 FR 13347; 03/19/    NMFS 1997b.
                                                                          1998 (Final rule).
                                                            ...........  62 FR 43974; 08/18/    NMFS 1997c.
                                                                          1997 (6 mo.
                                                                          extension).
                                                            ...........  61 FR 41541; 08/09/    NMFS 1997d.
                                                                          1996 (Proposed rule).
California Central Valley O.   Threatened.................         1998  Critical Habitat       NMFS 1998a.
 mykiss ESU.                                                              Designations.
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/
                                                                          2000 (Final rule)
                                                            ...........  64 FR 5740; 03/10/     ................
                                                                          1999 (Proposed rule)
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  65 FR 36074; 06/07/    ................
                                                                          2000 (Final rule)
                                                            ...........  65 FR 6960; 02/11/     ................
                                                                          2000 (Proposed rule)
                                                            ...........  63 FR 13347; 03/19/    ................
                                                                          1998 (Not Warranted)
                                                            ...........  62 FR 43974; 08/18/    NMFS 1996b.
                                                                          1997 (6 mo.
                                                                          extension)
                                                            ...........  61 FR 41541; 08/09/    NMFS 1997c.
                                                                          1996 (Proposed rule).
                                                            ...........  Critical Habitat       NMFS 1998a.
                                                                          Designations.
Northern California O. mykiss  Threatened.................         2000  n/a..................  NMFS 2000
 ESU.
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  64 FR 14517; 03/25/    ................
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11798; 03/10/    ................
                                                                          1998 (Proposed rule)
                                                            ...........  62 FR 43974; 08/18/    ................
                                                                          1997 (6 mo.
                                                                          extension)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       NMFS 1996b.
                                                                          Designation.
                                                            ...........  68 FR 55900; 09/29/    NMFS 1997d.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1999a.
                                                                          2000 (Final rule).
Upper Willamette River O.      Threatened.................         1999  64 FR 5740; 03/10/     NMFS 1999c.
 mykiss ESU.                                                              1999 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  63 FR 13347; 03/19/    ................
                                                                          1998 (Final rule)
                                                            ...........  62 FR 43974; 08/18/    ................
                                                                          1997 (6 mo.
                                                                          extension)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       NMFS 1996b.
                                                                          Designations.
                                                            ...........  68 FR 55900; 09/29/    NMFS 1997c.
                                                                          2003 (removal).
                                                            ...........  65 FR 7764; 02/16/     NMFS 1997d.
                                                                          2000 (Final rule).
Lower Columbia River O.        Threatened.................         1998  64 FR 5740; 03/10/     NMFS 1998a.
 mykiss ESU.                                                              1999 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  64 FR 14517; 03/25/    ................
                                                                          1999 (Final rule)
                                                            ...........  63 FR 11798; 03/10/    ................
                                                                          1998 (Proposed rule)
                                                            ...........  62 FR 43974; 08/18/    ................
                                                                          1997 (6 mo.
                                                                          extension)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       NMFS 1996b.
                                                                          Designations.
                                                            ...........  68 FR 55900; 09/29/    NMFS 1997d.
                                                                          2003 (removal.
                                                            ...........  65 FR 7764; 02/16/     NMFS 1999a.
                                                                          2000 (Final rule).
Middle Columbia River O.       Threatened.................         1999  64 FR 5740; 03/10/     NMFS 1999c.
 mykiss ESU.                                                              1999 (proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04
                                                                          (Proposed rule)
                                                            ...........  62 FR 43974; 08/18/    ................
                                                                          1997 (Final rule)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)
                                                            ...........  65 FR 7764; 02/16/     NMFS 1996b.
                                                                          2000 (Final rule).
Upper Columbia River O.        Endangered.................         1997  64 FR 5740; 03/10/     NMFS 1997b.
 mykiss ESU.                                                              1999 (Proposed rule).
                                                            ...........  Listing                ................
                                                                          Determinations
                                                            ...........  69 FR 33102; 06/14/04  ................
                                                                          (Proposed rule)
                                                            ...........  62 FR 43937; 08/18/    ................
                                                                          1997 (Final rule)
                                                            ...........  61 FR 41541; 08/09/    ................
                                                                          1996 (Proposed rule)
                                                            ...........  Critical Habitat       ................
                                                                          Designations
                                                            ...........  68 FR 55900; 09/29/    ................
                                                                          2003 (removal)

[[Page 71885]]

 
                                                            ...........  65 FR 7764; 02/16/     NMFS 1996b.
                                                                          2000 (Final rule).
Snake River Basin O. mykiss    Threatened.................         1997  64 FR 5740; 03/10/     NMFS 1997b.
 ESU.                                                                     1999 (Proposed rule).
----------------------------------------------------------------------------------------------------------------
* Previously listed as a ``threatened'' species (63 FR 42587, August 10, 1998). Threatened listing set aside in
  Alsea Valley Alliance v. Evans (Alsea Valley Alliance v. Evans, 161 F.Supp.2d 1154 (D.Or.2001), appeals
  dismissed 358 F.3d 1181 (9th Cir. 2004).
+ O. mykiss ESUs include both anadromous ``steelhead'' and resident ``rainbow trout'' in certain areas (see 69
  FR 33101; July 14, 2004).

    On February 16, 2000, NMFS published final critical habitat 
designations for 19 ESUs, thereby completing designations for all 25 
ESUs listed at the time (65 FR 7764). The 19 designations included more 
than 150 river subbasins in Washington, Oregon, Idaho, and California. 
Within each occupied subbasin, we designated as critical habitat those 
lakes and river reaches accessible to listed fish along with the 
associated riparian zone, except for reaches on Indian land. Areas 
considered inaccessible included areas above long-standing natural 
impassable barriers and areas above impassable dams, but not areas 
above ephemeral barriers such as failed culverts.
    In considering the economic impact of the February 16, 2000, 
action, NMFS determined that the critical habitat designations would 
impose very little or no additional requirements on Federal agencies 
beyond those already associated with the listing of the ESUs 
themselves. NMFS reasoned that since it was designating only occupied 
habitat, there would be few or no actions that destroy or adversely 
modify critical habitat that did not also jeopardize the continued 
existence of the species. Therefore, the agency reasoned that there 
would be no economic impact as a result of the designations (65 FR 
7764, 7765; February 16, 2000).
    The National Association of Homebuilders (NAHB) challenged the 
designations in District Court in Washington, DC on the grounds that he 
agency did not adequately consider economic impacts of the critical 
habitat designations (National Association of Homebuilders v. Evans, 
2002 WL 1205743 No. 00-CV-2799 (D.D.C.)). NAHB also challenged NMFS' 
designation of Essential Fish Habitat (EFH) (Pacific Coast Salmon 
Fishery Management Plan, 2000). While the NAHB litigation was pending, 
the Court of Appeals for the 10th Circuit issued its decision in New 
Mexico Cattlegrowers' Association v. U.S. Fish and Wildlife Service, 
248 F.3d 1277 (10th Cir. 2001) (NMCA). In that case, the Court rejected 
the U.S. Fish and Wildlife Service (FWS) approach to economic analysis, 
which was similar to the approach taken by NMFS in the final rule 
designating critical habitat for 19 ESUs of West Coast salmon and O. 
mykiss. The Court ruled that ``Congress intended that the FWS conduct a 
full analysis of all of the economic impacts of a critical habitat 
designation, regardless of whether those impacts are attributable co-
extensively to other causes.'' Subsequent to the 10th Circuit decision, 
we entered into and sought judicial approval of a consent decree 
resolving the NAHB litigation. That decree provided for the withdrawal 
of critical habitat designations for the 19 Pacific salmon and O. 
mykiss ESUs and dismissed NAHB's challenge to the EFH designations. The 
District Court approved the consent decree and vacated the critical 
habitat designations by Court order on April 30, 2002 (National Ass'n 
of Homebuilders v. Evans, 2002 WL 1205743 (D.D.C. 2002)).
    Subsequently, in response to a complaint filed in the District of 
Columbia by the Pacific Coast Federation of Fishermen's Associations, 
Institute for Fisheries Resources, the Center for Biological Diversity, 
the Oregon Natural Resources Council, the Pacific Rivers Council, and 
the Environmental Protection Information Center (PCFFA et al.) alleging 
that NMFS had failed to timely designate critical habitat for the 19 
ESUs for which critical habitat had been vacated (as well as the 
Northern California O. mykiss ESU), PCFFA and NMFS filed--and the court 
approved--an agreement resolving that litigation and establishing a 
schedule for designation of critical habitat. On July 13, 2004, the 
D.C. District Court approved an amendment to the Consent Decree and 
Stipulated Order of Dismissal providing for a revised schedule for the 
submission of proposed and final rules designating critical habitat for 
the 20 ESUs to the Federal Register. For those ESUs that are included 
on the list of threatened and endangered species as of September 30, 
2004, and which fall under the responsibility of the Northwest Regional 
office of NMFS, proposed rules must be submitted to the Federal 
Register no later than September 30, 2004. For those ESUs that are 
included on the list of threatened and endangered species as of 
November 30, 2004, and which fall under the responsibility of NMFS's 
Southwest Regional office, proposed rules must be submitted to the 
Federal Register for publication no later than November 30, 2004. For 
those of the 20 ESUs addressed in the proposed rules and included on 
the lists of threatened and endangered species as of June 15, 2005, 
final rules must be submitted to the Federal Register for publication 
no later than June 15, 2005. On September 17, 2004, NMFS filed a motion 
with the Court seeking an additional 60-day extension of the deadline 
for submitting to the Federal Register a proposed rule for the 13 ESUs 
subject to the September 30, 2004, deadline. On October 7, 2004, the 
court granted the motion.
    Past critical habitat designations have generated considerable 
public interest. Therefore, in an effort to engage the public early in 
this rulemaking process, we published an advance notice of proposed 
rulemaking (ANPR) on September 29, 2003 (68 FR 55926). The ANPR 
identified issues for consideration and evaluation, and solicited 
comments regarding these issues and information regarding the areas and 
species under consideration. We received numerous comments in response 
to the ANPR and considered them during development of this proposed 
rulemaking. Where applicable we have referenced these comments in this 
Federal Register document as well as in other documents supporting this 
proposed rule. We encourage those who submitted comments on the ANPR to 
review and comment on this proposed rule as well. We will address all 
comments in the final rule.

[[Page 71886]]

Methods and Criteria Used to Identify Proposed Critical Habitat

Salmon Life History

    Pacific salmon are anadromous fish, meaning adults migrate from the 
ocean to spawn in freshwater lakes and streams where their offspring 
hatch and rear prior to migrating back to the ocean to forage until 
maturity. The migration and spawning times vary considerably across and 
within species and populations (Groot and Margolis, 1991). At spawning, 
adults pair to lay and fertilize thousands of eggs in freshwater gravel 
nests or ``redds'' excavated by females. Depending on lake/stream 
temperatures, eggs incubate for several weeks to months before hatching 
as ``alevins'' (a larval life stage dependent on food stored in a yolk 
sac). Following yolk sac absorption, alevins emerge from the gravel as 
young juveniles called ``fry'' and begin actively feeding. Depending on 
the species and location, juveniles may spend from a few hours to 
several years in freshwater areas before migrating to the ocean. The 
physiological and behavioral changes required for the transition to 
salt water result in a distinct ``smolt'' stage in most species. On 
their journey juveniles must migrate downstream through every riverine 
and estuarine corridor between their natal lake or stream and the 
ocean. For example, smolts from Idaho will travel as far as 900 miles 
from the inland spawning grounds. En route to the ocean the juveniles 
may spend from a few days to several weeks in the estuary, depending on 
the species. The highly productive estuarine environment is an 
important feeding and acclimation area for juveniles preparing to enter 
marine waters.
    Juveniles and subadults typically spend from 1 to 5 years foraging 
over thousands of miles in the North Pacific Ocean before returning to 
spawn. Some species, such as coho and chinook salmon, have precocious 
life history types (primarily male fish known as ``jacks'') that mature 
and spawn after only several months in the ocean. Spawning migrations 
known as ``runs'' occur throughout the year, varying by species and 
location. Most adult fish return or ``home'' with great fidelity to 
spawn in their natal stream, although some do stray to non-natal 
streams. Salmon species die after spawning, while anadromous O. mykiss 
may return to the ocean and make repeat spawning migrations. This 
complex life cycle gives rise to complex habitat needs, particularly 
during the freshwater phase (see review by Spence et al., 1996). 
Spawning gravels must be of a certain size and free of sediment to 
allow successful incubation of the eggs. Eggs also require cool, clean, 
and well-oxygenated waters for proper development. Juveniles need 
abundant food sources, including insects, crustaceans, and other small 
fish. They need places to hide from predators (mostly birds and bigger 
fish), such as under logs, root wads and boulders in the stream, and 
beneath overhanging vegetation. They also need places to seek refuge 
from periodic high flows (side channels and off channel areas) and from 
warm summer water temperatures (coldwater springs and deep pools). 
Returning adults generally do not feed in fresh water but instead rely 
on limited energy stores to migrate, mature, and spawn. Like juveniles, 
they also require cool water and places to rest and hide from 
predators. During all life stages salmon require cool water that is 
free of contaminants. They also require rearing and migration corridors 
with adequate passage conditions (water quality and quantity available 
at specific times) to allow access to the various habitats required to 
complete their life cycle.
    The homing fidelity of salmon has created a meta-population 
structure with distinct populations distributed among watersheds 
(McElhany et al., 2000). Low levels of straying result in regular 
genetic exchange among populations, creating genetic similarities among 
populations in adjacent watersheds. Maintenance of the meta-population 
structure requires a distribution of populations among watersheds where 
environmental risks (e.g., from landslides or floods) are likely to 
vary. It also requires migratory connections among the watersheds to 
allow for periodic genetic exchange and alternate spawning sites in the 
case that natal streams are inaccessible due to natural events such as 
a drought or landslide.

Identifying the Geographical Area Occupied by the Species and Specific 
Areas within the Geographical Area

    In past critical habitat designations, NMFS had concluded that the 
limited availability of species distribution data prevented mapping 
salmonid critical habitat at a scale finer than occupied river basins 
(65 FR 7764; February 16, 2000). Therefore, the 2000 designations 
defined the ``geographical area occupied by the species at the time of 
listing'' as all accessible river reaches within the current range of 
the listed species. Comments received on the ANPR expressed a range of 
opinions about the appropriate scale for defining occupied areas; many 
expressed concern that the 2000 designations were overly broad and 
inclusive and encouraged us to use a finer scale in designating 
critical habitat for salmon.
    In the 2000 designations, NMFS relied on the U.S. Geological 
Survey's (USGS) identification of subbasins, which was the finest scale 
mapped by USGS at that time, to define the ``specific areas'' within 
the geographical area occupied by the species. The subbasin boundaries 
are based on an area's topography and hydrography, and USGS has 
developed a uniform framework for mapping and cataloging drainage 
basins using a unique hydrologic unit code (HUC) identifier (Seaber et 
al. 1986). The code contains separate two-digit identifier fields 
wherein the first two digits refer to a region comprising a relatively 
large drainage area (e.g., Region 17 for the entire Pacific Northwest), 
while subsequent fields identify smaller nested drainages. Under this 
convention, fourth field hydrologic units contain eight digits and are 
commonly referred to as ``HUC4s'' or ``subbasins.'' In the 2000 
designations, therefore, we identified as critical habitat all areas 
accessible to listed salmon within an occupied HUC4 subbasin. Since the 
critical habitat designations in 2000, additional scientific 
information in the Pacific Northwest has significantly improved our 
ability to identify freshwater and estuarine areas occupied by 
salmonids and to group the occupied stream reaches into finer scale 
``specific areas'' in the states of Washington, Oregon, and Idaho.
    In the Pacific Northwest, we can now be somewhat more precise about 
the ``geographical area occupied by the species'' because Federal, 
state, and tribal fishery biologists in the northwest have made 
progress mapping actual species distribution at the level of stream 
reaches. The current mapping identifies occupied stream reaches where 
the species has been observed. It also identifies stream reaches where 
the species is presumed to occur based on the professional judgement of 
biologists familiar with the watershed. However, such presumptions may 
not be sufficiently rigorous or consistent to support a critical 
habitat designation. Much of these data can now be accessed and 
analyzed using geographic information systems (GIS) to produce 
consistent and fine-scale maps. As a result, nearly all salmonid 
freshwater and estuarine habitats in Washington, Oregon, and Idaho are 
now mapped and available in GIS at a scale of 1:24,000. Previous 
distribution data were often compiled at a scale of 1:100,000 or 
greater.

[[Page 71887]]

    In California, similar fine-scale species distribution mapping 
efforts have not been conducted by Federal, State or tribal co-managers 
on the scale that was needed for the critical habitat designation 
effort, and therefore, maps of species distribution were not available 
for the seven ESUs addressed in this rulemaking. Given the need to 
identify and map occupied habitat more precisely and the lack of fine-
scale species distribution mapping in California, the Southwest 
Regional office embarked on a major effort to compile available 
information on species distribution, habitat use, and other parameters, 
and develop species distribution and habitat use maps for all seven 
ESUs. In order to make this effort manageable, data were compiled for 
stream hydrography at a scale of 1:100,000 rather than the 1:24,000 
scale of data that were available in the Pacific Northwest. Fishery 
biologists in the Southwest Region were organized into a series of 
teams tasked with compiling and organizing information available in the 
literature, from Federal and state agencies, and personal knowledge, 
regarding the spatial distribution, habitat use (i.e. spawning, 
rearing, and/or migration) and habitat quality on a stream reach basis 
for each of the seven ESUs in California. This information was 
organized into a series of databases and then converted to GIS data 
layers for the analysis of data and generation of distribution maps. 
The current mapping identifies occupied stream reaches where the 
various ESUs have been observed, and also identifies stream reaches 
where the ESUs are presumed to occur based on the professional 
judgement of biologists familiar with the watersheds. As in the 
Northwest, such presumptions, however, may not be sufficiently rigorous 
or consistent to support a critical habitat designation, and we 
therefore solicit information as to which stream reaches are actually 
occupied by the various ESUs addressed in this rule. We made use of 
these finer scale data for the critical habitat designations for the 
seven California ESUs, and now believe they enable us to make a more 
accurate delineation of the ``geographical area occupied by the 
species'' referred to in the ESA definition of critical habitat. The 
final critical habitat designations will be based on the final listing 
decisions for these ESUs due by June 2005 and thus will reflect 
occupancy ``at the time of listing'' as the ESA requires.
    NMFS is now able to also identify ``specific areas'' (section 
3(5)(a)) and ``particular areas'(section 4(b)(2)) for ESUs in the 
Pacific Northwest (Oregon, Washington and Idaho) at a finer scale than 
in 2000. Since 2000, various Federal agencies in the Pacific Northwest 
have identified fifth field hydrologic units (referred to as ``HUC5s'' 
or hereafter ``watersheds'') throughout the Pacific Northwest using the 
USGS mapping conventions referred to above. This information is now 
generally available from these agencies and via the internet 
(California Spatial Information Library, 2004; Interior Columbia Basin 
Ecosystem Management Project, 2003; Regional Ecosystem Office, 2004). 
For ESUs in the Pacific Northwest, the agency used this information to 
organize critical habitat information systematically and at a scale 
that is relevant to the spatial distribution of salmon. Organizing 
information at this scale is especially relevant to salmonids, since 
their innate homing ability allows them to return to the watersheds 
where they were born. Such site fidelity results in spatial 
aggregations of salmonid populations that generally correspond to the 
area encompassed by subbasins or HUC5 watersheds (Washington Department 
of Fisheries et al., 1992; Kostow, 1995; McElhany et al., 2000).
    In California, it was not possible to use the USGS's HUC5 watershed 
framework to organize the biological and other types of information 
since HUC5s have not been delineated for the entire geographical area 
occupied by the seven ESUs addressed in this rulemaking. The Southwest 
Region, therefore, used the State of California's CALWATER watershed 
classification system (version 2.2), which is similar to the USGS 
watershed classification system, to organize biological and other types 
of information. Under the CALWATER watershed classification system, 
geographic units range from hydrologic regions (the largest) to 
planning watersheds (the smallest). For the purposes of this critical 
habitat designation analysis, biological and other types of information 
were organized primarily by hydrologic subareas (HSAs) that generally 
correspond to major tributary watersheds and are roughly equivalent in 
size to USGS HUC5s. These smaller HSA watersheds were then aggregated 
into larger geographic units called hydrologic units that correspond to 
major watersheds or sub-regions for purposes of describing critical 
habitat for each of the seven ESUs in California. However, it must be 
recognized that even the CALWATER HSA watershed units used for the 
designations in California are very broad units, often containing 
several different populations of salmonids which may in fact be largely 
independent of each other.We therefore solicit information on ways to 
further improve the geographic precision of our habitat analyis.
    Both the USGS and CALWATER systems map watershed units as polygons 
that bound a drainage area and encompass streams, riparian areas and 
uplands. Within the boundaries of any such watershed unit (HUC5 or 
HSA), there are stream reaches not occupied by the species. Land areas 
within the HUC5 or HSA boundaries are also generally not ``occupied'' 
by the species (though certain areas such as flood plains or side 
channels may be occupied at some times of some years). In California, 
we used the HSA watershed boundaries as a basis for aggregating 
occupied stream reaches and to delineate ``specific'' areas occupied by 
the species. This document generally refers to the occupied stream 
reaches within the watershed boundary as the ``habitat area'' to 
distinguish it from the entire area encompassed by the watershed 
boundary.
    At the same time, the ESA requires that an area cannot be 
designated as critical habitat unless at the time of listing it 
contains physical or biological features essential to the conservation 
of the species. The ESA does not permit an area lacking such features 
to be designated as critical habitat in the hope that it may over time 
acquire such features and therefore aid in the conservation of the 
species.
    The HSA watershed-scale aggregation of stream reaches also allowed 
us to analyze the impacts of designating a ``particular area,'' as 
required by ESA section 4(b)(2). As a result of watershed processes, 
many activities occurring in riparian or upland areas and in non-fish-
bearing streams may affect the physical or biological features 
essential to conservation in the occupied stream reaches. The watershed 
boundary thus describes an area in which Federal activities have the 
potential to affect critical habitat (Spence et al. 1996). Using HSA 
watershed boundaries for the economic analysis ensured that all 
potential economic impacts were considered. Section 3(5) defines 
critical habitat in terms of ``specific areas,'' and section 4(b)(2) 
requires the agency to consider certain factors before designating 
``particular areas.'' In the case of Pacific salmonids, the biology of 
the species, the characteristics of its habitat, the nature of the 
impacts and the limited information currently available at finer 
geographic scales made it appropriate to consider

[[Page 71888]]

``specific areas'' and ``particular areas'' as the same unit.
    In addition, HSA watersheds are consistent with the scale of 
recovery efforts for West Coast salmon. In its review of the long-term 
sustainability of Pacific Northwest salmonids, the National Research 
Council's Committee on Protection and Management of Pacific Northwest 
Anadromous Salmonids concluded that ``habitat protection must be 
coordinated at landscape scales appropriate to salmon life histories' 
and that social structures and institutions ``must be able to operate 
at the scale of watersheds'' (National Research Council, 1996). 
Watershed-level analyses are now common throughout the West Coast 
(Forest Ecosystem Management Assessment Team, 1993; Montgomery et al., 
1995; Spence et al., 1996). The recent recovery strategy developed for 
coho salmon in California by the California Department of Fish and Game 
(CDFG, 2004) organized its watershed assessment and recovery 
recommendations on the basis of CALWATER HSA watersheds. There are 
presently more than 400 watershed councils or groups in Washington, 
Oregon, and California alone (For the Sake of the Salmon, 2004). Many 
of these groups operate at a geographic scale of one to several 
watersheds and are integral parts of larger-scale salmon recovery 
strategies (Northwest Power Planning Council, 1999; Oregon Plan for 
Salmon and Watersheds, 2001; Puget Sound Shared Strategy, 2002; CALFED 
Bay-Delta Program, 2003). Aggregating stream reaches into watersheds 
allowed us to consider ``specific areas,'' within or outside the 
geographical area occupied by the species, at a scale that often 
corresponds well to salmonid population structure and ecological 
processes.
    Occupied estuarine and marine areas were also considered with 
regard to the seven ESUs in California. In previous designations of 
salmonid critical habitat the agency did not designate marine areas 
outside of estuaries and Puget Sound. In the Pacific Ocean, we 
concluded that there may be essential habitat features, but that they 
did not require special management considerations or protection (see 
Physical or Biological Features Essential to the Conservation of the 
Species and Special Management Considerations or Protection sections 
below). Several commenters on that previous rule questioned the 
finding, and we stated that we would revisit the issue (65 FR 7764; 
February 16, 2000). Since that time we have considered the best 
available scientific information, and related agency actions, such as 
the designation of Essential Fish Habitat under the Magnuson-Stevens 
Fishery Conservation and Management Act.
    We now conclude that it is possible to delineate some estuarine 
areas in California (e.g., the San Francisco-San Pablo-Suisun Bay 
complex, Humboldt Bay, and Morro Bay) that are occupied and contain 
essential habitat features that may require special management 
considerations or protection. Such estuarine areas are crucial for 
juvenile salmonids, given their multiple functions as areas for 
rearing/feeding, freshwater-saltwater acclimation, and migration 
(Simenstad et al., 1982; Marriott et al. 2002). In many areas, 
especially the San Francisco Bay estuary, these habitats are occupied 
by multiple ESUs. Accordingly, we are proposing to designate specific 
occupied estuarine areas as defined by a line connecting the furthest 
land points at the estuary mouth.
    Nearshore coastal marine areas may provide important habitat for 
rearing/feeding and migrating salmonids in California; however, we were 
not able to identify essential habitat features or conclude that such 
areas require special management considerations or protection.
    For salmonids in marine areas farther offshore, it becomes more 
difficult to identify specific areas where essential habitat can be 
found. Links between human activity, habitat conditions and impacts to 
listed salmonids are less direct in offshore marine areas. Perhaps the 
closest linkage exists for salmon prey species that are harvested 
commercially (e.g., Pacific herring) and, therefore, may require 
special management considerations or protection. However, because 
salmonids are opportunistic feeders we could not identify ``specific 
areas'' beyond the nearshore marine zone where these or other essential 
features are found within this vast geographic area occupied by Pacific 
salmon. Moreover, prey species move or drift great distances throughout 
the ocean and would be difficult to link to any ``specific'' areas.

Unoccupied Areas

    ESA section 3(5)(A)(ii) defines critical habitat to include 
``specific areas outside the geographical area occupied'' if the areas 
are determined by the Secretary to be ``essential for the conservation 
of the species.'' NMFS regulations at 50 CFR 424.12(e) emphasize that 
we ``shall designate as critical habitat areas outside the geographical 
area presently occupied by a species only when a designation limited to 
its present range would be inadequate to ensure the conservation of the 
species.'' NMFS regulations at 50 CFR 424.12(e) emphasize that we 
``shall designate as critical habitat areas outside the geographical 
area presently occupied by a species only when a designation limited to 
its present range would be inadequate to ensure the conservation of the 
species.'' We are not proposing to designate any areas not occupied at 
the time of listing; however, within the range of some ESUs, we have 
identified unoccupied areas which may be essential to their 
conservation, and we seek public comment on this issue.

Primary Constituent Elements and Physical or Biological Features 
Essential to the Conservation of the Species

    In determining what areas are critical habitat, agency regulations 
at 50 CFR 424.12(b) require that we must ``consider those physical or 
biological features that are essential to the conservation of a given 
species including 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, and rearing of offspring; and habitats that are 
protected from disturbance or are representative of the historical 
geographical and ecological distribution of a species.'' The 
regulations further direct us to ``focus on the principal biological or 
physical constituent elements * * * that are essential to the 
conservation of the species,'' and specify that the ``known primary 
constituent elements shall be listed with the critical habitat 
description.'' The regulations identify primary constituent elements 
(PCE) as including, but not limited to: ``roost sites, nesting grounds, 
spawning sites, feeding sites, seasonal wetland or dryland, water 
quality or quantity, host species or plant pollinator, geological 
formation, vegetation type, tide, and specific soil types.'' An area 
must contain one or more PCEs at the time the species is listed to be 
eligible for designation as critical habitat; an area lacking a PCE may 
not be designated in the hope it will acquire one or more PCEs in the 
future.
    NMFS biologists developed a list of PCEs specific to salmon for the 
ANPR (68 FR 55926; September 29, 2003), based on a decision matrix 
(NMFS, 1996) that describes general parameters and characteristics of 
most of the essential features under consideration in this critical 
habitat designation. As a result of biological assessments supporting 
this proposed rule (see Critical Habitat Analytical Review

[[Page 71889]]

Teams section), we are now proposing slightly revised PCEs.
    The ESUs addressed in this proposed rulemaking share many of the 
same rivers and estuaries and have similar life history characteristics 
and, therefore, many of the same PCEs. These PCEs include sites 
essential to support one or more life stages of the ESU (sites for 
spawning, rearing, migration and foraging). These sites in turn contain 
physical or biological features essential to the conservation of the 
ESU (for example, spawning gravels, water quality and quantity, side 
channels, forage species). Specific types of sites and the features 
associated with them include:
    1. Freshwater spawning sites with water quantity and quality 
conditions and substrate supporting spawning, incubation and larval 
development;
    2. Freshwater rearing sites with water quantity and floodplain 
connectivity to form and maintain physical habitat conditions and 
support juvenile growth and mobility; water quality and forage 
supporting juvenile development; and natural cover such as shade, 
submerged and overhanging large wood, log jams and beaver dams, aquatic 
vegetation, large rocks and boulders, side channels, and undercut 
banks;
    3. Freshwater migration corridors free of obstruction with water 
quantity and quality conditions and natural cover such as submerged and 
overhanging large wood, aquatic vegetation, large rocks and boulders, 
side channels, and undercut banks supporting juvenile and adult 
mobility and survival;
    4. Estuarine areas free of obstruction with water quality, water 
quantity, and salinity conditions supporting juvenile and adult 
physiological transitions between fresh- and saltwater; natural cover 
such as submerged and overhanging large wood, aquatic vegetation, large 
rocks and boulders, and side channels; and juvenile and adult forage, 
including aquatic invertebrates and fishes, supporting growth and 
maturation.
    5. Nearshore marine areas free of obstruction with water quality 
and quantity conditions and forage, including aquatic invertebrates and 
fishes, supporting growth and maturation; and natural cover such as 
submerged and overhanging large wood, aquatic vegetation, large rocks 
and boulders, and side channels.
    6. Offshore marine areas with water quality conditions and forage, 
including aquatic invertebrates and fishes, supporting growth and 
maturation.
    The habitat areas designated in this proposal currently contain 
PCEs within the acceptable range of values required to support the 
biological processes for which the ESUs use the habitat. It is 
important to note that the contribution of the PCEs to the habitat 
varies by site and biological function, illustrating the 
interdependence of the habitat elements such that the quality of the 
elements may vary within a range of acceptable conditions. An area in 
which a PCE no longer exists because it has been degraded to the point 
where it no longer functions as a PCE cannot be designated in the hope 
that its function may be restored in the future.

Special Management Considerations or Protection

    An occupied area cannot be designated as critical habitat unless it 
contains physical and biological features that ``may require special 
management considerations or protection.'' Agency regulations at 
424.02(j) define ``special management considerations or protection'' to 
mean ``any methods or procedures useful in protecting physical and 
biological features of the environment for the conservation of listed 
species.'' Many forms of human activity have the potential to affect 
the habitat of listed salmon ESUs including: (1) Forestry; (2) grazing 
and other associated rangeland activities; (3) agriculture and 
associated water withdrawals for agriculture; (4) road building/
maintenance; (5) channel modifications/diking/stream bank 
stabilization; (6) urbanization; (7) sand and gravel mining; (8) 
mineral mining; (9) dams; (10) irrigation impoundments and water 
withdrawals; (11) wetland loss/removal; (12) exotic/invasive species 
introductions; and (13) impediments to fish passage. In addition to 
these, the harvest of salmonid prey species (e.g., herring, anchovy, 
and sardines) may present another potential habitat-related management 
activity (Pacific Fishery Management Council, 1999). In recent years 
the Federal government and many non-Federal landowners have adopted 
many changes in land and water management practices that are 
contributing significantly to protecting and restoring the habitat of 
listed species. Thus, many of the available special management 
considerations or protections for these areas are already in place and 
the need for designating such areas as critical habitat is diminished 
accordingly. We request comment on the extent to which particular areas 
may require special management considerations or protection in light of 
existing management constraints. The contributions of these management 
measures are also relevant to the exclusion analysis under section 
4(b)(2) of the ESA, and will be considered further in a later section 
of this notice.

Military Lands

    The Sikes Act of 1997 (Sikes Act) (16 U.S.C. 670a) required each 
military installation that includes land and water suitable for the 
conservation and management of natural resources to complete, by 
November 17, 2001, an Integrated Natural Resource Management Plan 
(INRMP). An INRMP integrates implementation of the military mission of 
the installation with stewardship of the natural resources found on the 
installation. Each INRMP includes: an assessment of the ecological 
needs on the installation, including the need to provide for the 
conservation of listed species; a statement of goals and priorities; a 
detailed description of management actions to be implemented to provide 
for these ecological needs; and a monitoring and adaptive management 
plan. Among other things, each INRMP must, to the extent appropriate 
and applicable, provide for fish and wildlife management, fish and 
wildlife habitat enhancement or modification, wetland protection, 
enhancement, and restoration where necessary to support fish and 
wildlife and enforcement of applicable natural resource laws.
    The recent National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136) amended the ESA to limit areas eligible for 
designation as critical habitat. Specifically, section 4(a)(3)(B)(I) of 
the ESA (16 U.S.C. 1533(a)(3)(B)(I)) now provides: ``The Secretary 
shall not designate as critical habitat any lands or other geographical 
areas owned or controlled by the Department of Defense, or designated 
for its use, that are subject to an integrated natural resources 
management plan prepared under section 101 of the Sikes Act (16 U.S.C. 
670a), if the Secretary determines in writing that such plan provides a 
benefit to the species for which critical habitat is proposed for 
designation.''
    To address this new provision we contacted the Department of 
Defense (DOD) and requested information on all INRMPs that might 
benefit Pacific salmon. In response to the ANPR (68 FR 55926, September 
29, 2003) we had already received a letter from the U.S. Marine Corps 
regarding this and other issues associated with a possible critical 
habitat designation on its facilities in the range of the Southern 
California O. mykiss ESU. In response to our request, the military 
services identified 25 installations in California with INRMPs in place 
or under development. Based on information provided by the military,

[[Page 71890]]

as well as GIS analysis of fish distributional information compiled by 
NMFS'' Southwest Region (NMFS, 2004a) and land use data, we determined 
that the following facilities with INRMPs overlap with habitat areas 
under consideration for critical habitat designation in California: (1) 
Camp Pendleton Marine Corps Base; (2) Vandenberg Air Force Base; (3) 
Camp San Luis Obispo; (4) Camp Roberts; and (5) Mare Island Army 
Reserve Center. Two additional facilities are adjacent to, but do not 
appear to overlap with, habitat areas under consideration for critical 
habitat in California: (1) Naval Weapons Station, Seal Beach/Concord 
Detachment; and (2) Point Mugu Naval Air Station. None of the remaining 
facilities with INRMPs in place overlapped with or were adjacent to 
habitat under consideration for critical habitat based on the 
information available to us. All of these INRMPs are final except for 
the Vandenberg Air Force Base INRMP, which is expected to be finalized 
in the near term.
    We identified habitat of value to listed salmonids in each INRMP 
and reviewed these plans, as well as other information available 
regarding the management of these military lands. Our preliminary 
review indicates that each of these INRMPs addresses habitat for 
salmonids, and all contain measures that provide benefits to ESA-listed 
salmon and steelhead. Examples of the types of benefits include actions 
that control erosion, protect riparian zones, minimize stormwater and 
construction impacts, reduce contaminants, and monitor listed species 
and their habitats. Also, we have received some information from the 
DOD identifying national security impacts at certain sites including 
the Camp Pendleton Marine Corps Base and Vandenberg Air Force Base. On 
the basis of this information, therefore, we are not proposing to 
designate critical habitat in areas subject to the final INRMPs or the 
draft INRMP for Vandenberg Air Force Base at this time.

Critical Habitat Analytical Review Teams

    To assist in the designation of critical habitat, we convened 
several Critical Habitat Analytical Review Teams (Teams) organized by 
major geographic areas that roughly correspond to salmon recovery 
planning domains in California. The Teams consisted of NMFS fishery 
biologists from the Southwest Region with demonstrated expertise 
regarding salmonid habitat within the domain. The Teams were tasked 
with compiling and assessing biological information pertaining to areas 
under consideration for designation as critical habitat. Each Team 
worked closely with GIS specialists to develop maps depicting the 
spatial distribution of habitat occupied by each ESU and the use of 
occupied habitat on stream hydrography at a scale of 1:100,000.
    The Teams examined each habitat area within the watershed to 
determine whether the stream reaches occupied by the species contain 
the physical or biological features essential to conservation. The 
Teams also relied on their experience conducting section 7 
consultations to determine whether there are management activities in 
the area that threaten the currently existing primary constituent 
elements identified for the species. Where such activities occur, the 
Teams concluded that there were ``any methods or procedures useful in 
protecting physical and biological features'' for the area (50 CFR 
424.02(j)), and therefore, that the features ``may require special 
management considerations or protection.''
    However, the Teams were not asked to evaluate the effects of 
existing management protections on the species, or analyze the 
usefulness of protective methods or procedures in addressing risks to 
PCEs. Thus, the Teams' evaluations do not reflect the extent to which 
an area will contribute to conservation of the species in the absence 
of a critical habitat designation.
    In addition to occupied areas, the definition of critical habitat 
also includes unoccupied areas if we determine that area is essential 
for conservation of a species. Accordingly the Teams were next asked 
whether there were any unoccupied areas within the historical range of 
the ESUs that may be essential for conservation. For the seven ESUs 
addressed in this rulemaking, the Teams did not have information 
available that would allow them to conclude that specific unoccupied 
areas were essential for conservation; however, in many cases they were 
able to identify areas they believed may be determined essential 
through future recovery planning efforts. These are identified under 
the Species Descriptions and Area Assessments section, and we are 
specifically requesting information regarding such areas under Public 
Comments Solicited.
    The Teams were next asked to determine the relative conservation 
value of each occupied area or watershed for each ESU. The Teams scored 
each habitat area based on several factors related to the quantity and 
quality of the physical and biological features. They next considered 
each area in relation to other areas and with respect to the population 
occupying that area. Based on a consideration of the raw scores for 
each area, and a consideration of that area's contribution to 
conservation in relation to other areas and in relation to the overall 
population structure of the ESU, the Teams rated each habitat area as 
having a ``high,'' ``medium'' or ``low'' conservation value.
    The rating of habitat areas as having a high, medium, or low 
conservation value provided information useful for the discretionary 
balancing consideration in ESA section 4(b)(2). The higher the 
conservation value for an area, the greater may be the likely benefit 
of the ESA section 7 protections. The correlation is not perfect 
because the Teams did not take the additional step of separately 
considering two factors: how likely are section 7 consultations in an 
area (that is, how strong is the ``Federal nexus''), and how much 
protection would exist in the absence of a section 7 consultation (that 
is, how protective are existing management measures and would they 
likely continue in the absence of section 7 requirements). We 
considered the Team's ratings one useful measure of the ``benefit of 
designating a particular area as critical habitat'' as contemplated in 
section 4(b)(2). We are soliciting public comments on approaches that 
would better refine this assessment.
    As discussed earlier, the scale chosen in California for the 
``specific area'' referred to in the definition of critical habitat was 
an HSA watershed as delineated by the CALWATER classification system. 
This delineation required us to adapt the approach for some areas. In 
particular, a large stream or river might serve as a rearing and 
migration corridor to and from many watersheds, yet be embedded itself 
in a watershed. In any given watershed through which it passes, the 
stream may have a few or several tributaries. For rearing/migration 
corridors embedded in a watershed, the Teams were asked to rate the 
conservation value of the watershed based on the tributary habitat. We 
assigned the rearing/migration corridor the rating of the highest-rated 
watershed for which it served as a rearing/migration corridor. The 
reason for this treatment of migration corridors is the role they play 
in the salmon's life cycle. Salmon are anadromous--born in fresh water, 
migrating to salt water to feed and grow, and returning to fresh water 
to spawn. Without a rearing/migration corridor to and from the sea, 
salmon cannot complete their life cycle. It would be illogical to 
consider a spawning and

[[Page 71891]]

rearing area as having a particular conservation value and not consider 
the associated rearing/migration corridor as having a similar 
conservation value.
    Preliminary ESU mapping results and some of the preliminary HSA 
watershed conservation assessments developed by the Teams were shared 
with the CDFG for review and comment. In some instances, their reviews 
and comments resulted in changes to the ESU distribution maps, and in 
some cases changes in the conservation assessments. Because of time 
constraints, however, this comanager review process was limited in 
duration and focused on identifying major discrepancies in the mapping 
products developed by the Teams. These revised preliminary assessments, 
along with this proposed rulemaking, will once again be made available 
to these comanagers, as well as the general public and peer reviewers, 
during the public comment period leading up to the final rule. The 
Teams will be reconvened to review the comments and any new information 
that might bear on their assessments before the agency publishes final 
critical habitat designations.

Lateral Extent of Critical Habitat

    In past designations NMFS described the lateral extent of critical 
habitat in various ways ranging from fixed distances to ``functional'' 
zones defined by important riparian functions (65 FR 7764, February 16, 
2000). Both approaches presented difficulties, and this was highlighted 
in several comments (most of which requested that we focus on aquatic 
areas only) received in response to the ANPR (68 FR 55926; September 
29, 2003). Designating a set riparian zone width will (in some places) 
accurately reflect the distance from the stream on which PCEs might be 
found, but in other cases may over-or understate the distance. 
Designating a functional buffer avoids that problem, but makes it 
difficult for Federal agencies to know in advance what areas are 
critical habitat. To address these issues we are proposing to define 
the lateral extent of designated critical habitat as the width of the 
stream channel defined by the ordinary high-water line as defined by 
the U.S. Army Corps of Engineers (Corps) in 33 CFR 329.11. In areas for 
which the ordinary high-water line has not been defined pursuant 33 CFR 
329.11, the width of the stream channel shall be defined by its 
bankfull elevation. Bankfull elevation is the level at which water 
begins to leave the channel and move into the floodplain (Rosgen, 1996) 
and is reached at a discharge which generally has a recurrence interval 
of 1 to 2 years on the annual flood series (Leopold et al., 1992). Such 
an interval is commensurate with nearly all of the juvenile freshwater 
life phases of most salmon and O. mykiss ESUs. Therefore, it is 
reasonable to assert that for an occupied stream reach this lateral 
extent is regularly ``occupied.'' Moreover, the bankfull elevation can 
be readily discerned for a variety of stream reaches and stream types 
using recognizable water lines (e.g., marks on rocks) or vegetation 
boundaries (Rosgen, 1996).
    As underscored in previous critical habitat designations, the 
quality of aquatic habitat within stream channels is intrinsically 
related to the adjacent riparian zones and floodplain, to surrounding 
wetlands and uplands, and to non-fish-bearing streams above occupied 
stream reaches. Human activities that occur outside the stream can 
modify or destroy physical and biological features of the stream. In 
addition, human activities that occur within and adjacent to reaches 
upstream (e.g., road failures) or downstream (e.g., dams) of designated 
stream reaches can also have demonstrable effects on physical and 
biological features of designated reaches.
    In estuarine areas we believe that mean extreme high water is the 
best descriptor of lateral extent. We are proposing the area inundated 
by extreme high tide because it encompasses habitat areas typically 
inundated and regularly occupied during the spring and summer when 
juvenile salmonids are migrating in nearshore estuarine areas. However, 
it may be more appropriate to use the ordinary high water level in 
estuarine nearshore areas and we request comment on this issue. As 
noted above for stream habitat areas, human activities that occur 
outside the area inundated by extreme or ordinary high water can modify 
or destroy physical and biological features of the nearshore habitat 
areas and Federal agencies must be aware of these important habitat 
linkages as well.

Species Descriptions and Area Assessments

    This section provides descriptions of the seven Pacific salmon and 
O. mykiss ESUs addressed in this rulemaking and summarizes the Teams' 
assessment of habitat areas for each ESU. The Teams' assessments 
addressed PCEs in the habitat areas within occupied CALWATER HSA 
watersheds (as well as rearing/migration corridors for some ESUs). For 
ease of reporting and reference these HSA watersheds have been 
organized into ``units'' based on their associated subbasin or CALWATER 
Hydrologic Unit (HU).

California Coastal (CC) Chinook Salmon ESU

    The CC chinook salmon ESU was listed as a threatened species in 
1999 (64 FR 50394). The ESU includes all naturally spawned populations 
of chinook salmon from rivers and streams south of the Klamath River to 
and including the Russian River. Following completion of an updated 
status review (NMFS, 2003a) and review of hatchery populations located 
within the range of the ESU (NMFS, 2003b), NMFS recently proposed that 
the ESU remain listed as a threatened species and that seven hatchery 
populations be included as part of the ESU (69 FR 33102; June 14, 
2004). Major watersheds occupied by naturally spawning fish in this ESU 
include Redwood Creek, Mad River, Eel River, several smaller coastal 
watersheds, and the Russian River. A Technical Recovery Team has been 
formed and is in the process of identifying the historical and extant 
population structure of this ESU; however, this is still in progress.
    The Team's assessment for this ESU addressed habitat areas within 
45 occupied watersheds or CALWATER HSAs that occur in 8 associated 
subbasins or CALWATER HUs (NMFS, 2004b). In addition to the 45 HSA 
watershed units, conservation assessments were also made for Humboldt 
Bay and the Eel River Estuary. As part of its assessment, the Team 
considered the conservation value of each habitat area in the context 
of the productivity, spatial distribution, and diversity of habitats 
across the range of the ESU. The Team evaluated the conservation value 
of habitat areas on the basis of the physical and biological habitat 
requirements of CC chinook salmon, consistent with the PCEs identified 
for Pacific salmon and O. mykiss described under Methods and Criteria 
Used to Identify Proposed Critical Habitat
Unit 1. Redwood Creek Subbasin (HU 1107)
    The Redwood Creek HU is located in the northern portion of the ESU 
and includes the Redwood Creek drainage. The HU encompasses 
approximately 294 mi\2\ (758 km\2\) and includes three occupied HSA 
watersheds. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 107 miles (171 km) of occupied 
riverine and estuarine habitat in the occupied HSA watersheds (NMFS, 
2004a). The Team concluded that all occupied areas contain one or

[[Page 71892]]

more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified several management activities that may affect the PCEs, 
including forestry, sand and gravel mining, agricultural water 
withdrawals and impoundments, grazing, and channelization. Of the three 
occupied HSA watersheds, two were rated as having high conservation 
value and one as having medium conservation value to the ESU (NMFS, 
2004b). The Team did not identify any unoccupied areas in this subbasin 
that may be essential for the conservation of the ESU.
Unit 2. Trinidad Subbasin (HU 1108)
    The Trinidad HU is located in the northern portion of the ESU and 
includes Big Lagoon and Little River. The HU encompasses approximately 
131 mi\2\ (338 km\2\) and contains two HSA watersheds both of which are 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 26 miles (42 km) of occupied riverine 
and estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team 
concluded that these occupied areas contained one or more PCEs (i.e. 
spawning, rearing, or migratory habitat) for this ESU and identified 
management activities that may affect the PCEs, including forestry, 
agriculture, non-agricultural and agricultural water withdrawals, and 
grazing. Of the two occupied HSA watersheds, one was rated as having 
low conservation value and one as having high conservation value to the 
ESU (NMFS, 2004b). The Team did not identify any unoccupied areas in 
this subbasin that may be essential for conservation of the ESU.
Unit 3. Mad River Subbasin (HU 1109)
    The Mad River HU is located in the northern portion of the ESU and 
includes the Mad River drainage. The HU encompasses approximately 499 
mi\2\ (1287 km\2\) and includes four HSA watersheds, three of which are 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 53 miles (85 km) of occupied riverine 
and estuarine habitat in the occupied HSA watersheds (NMFS, 2004a). The 
Team concluded that these occupied areas contained one or more PCEs 
(i.e. spawning, rearing, or migratory habitat) for this ESU and 
identified several management activities that may affect the PCEs, 
including forestry, agriculture, and grazing. All of the occupied HSA 
watersheds were rated as having high conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 4. Eureka Plain Subbasin (HU 1110)
    The Eureka Plain HU is located in the vicinity of Eureka and 
surrounds Humboldt Bay. The HU encompasses approximately 224 mi\2\ (578 
km\2\) and contains a single HSA which is occupied. Fish distribution 
and habitat use data compiled by NMFS biologists identify approximately 
74 miles (118 km) of occupied riverine and estuarine habitat in this 
HSA watershed (NMFS, 2004a). The Team concluded that these occupied 
areas contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified several management activities that 
may affect the PCEs, including urbanization, flood control 
channelization, and road building and maintenance. This single occupied 
HSA watershed was rated as having high conservation value to the ESU 
(NMFS, 2004b). The Team also evaluated Humboldt Bay into which most of 
these freshwater streams in this subbasin drain as a separate habitat 
unit. Humboldt Bay contains approximately 25 mi\2\ (65 km\2\) of 
estuarine habitat which the Team found contained PCEs for rearing and 
migration and was of high conservation value since it provides 
migratory connectivity for juveniles and adults between high value 
freshwater spawning and rearing habitat and the ocean. The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Unit 5. Eel River Subbasin (HU 1111)
    The Eel River HU is located in the northern and central portion of 
the ESU and includes the Eel River and Van Duzen River drainages. This 
HU, which is the largest in the ESU, encompasses approximately 3,682 
mi\2\ (9,500 km\2\) and contains 19 occupied HSA watersheds. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 841 miles (1,345 km) of occupied riverine and estuarine 
habitat in the occupied HSA watersheds (NMFS, 2004a). The Team 
concluded that these occupied habitat areas contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified several management activities that may affect the PCEs 
including agriculture, forestry, sand and gravel mining, grazing, 
exotic/invasive species, agricultural and non-agricultural water 
withdrawals, and urbanization. Of these occupied HSA watersheds, three 
were rated as having low conservation value, four were rated as having 
medium conservation value, and twelve were rated as having high 
conservation value to the ESU (NMFS, 2004b). The Team also evaluated 
the Eel River estuary as a separate habitat unit and concluded it 
contained PCEs for rearing and migration and is of high conservation 
value since it provides migratory connectivity for juveniles and adults 
between high value freshwater spawning and rearing habitat and the 
ocean. The Team did not identify any unoccupied areas in this subbasin 
that may be essential for the conservation of the ESU.
Unit 6. Cape Mendocino Subbasin (HU 1112)
    The Cape Mendocino HU is located in the central portion of the ESU 
and includes the Bear River and Mattole River drainages. This HU 
encompasses approximately 499 mi\2\ (1,287 km\2\) and contains three 
HSA watersheds, two of which are occupied. Fish distribution and 
habitat use data compiled by NMFS biologists identify approximately 173 
miles (277 km) of occupied riverine and estuarine habitat in the 
occupied HSAs (NMFS, 2004a). The Team concluded that these occupied 
areas contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified several management activities that 
may affect the PCEs, including agriculture, grazing, forestry, and 
agricultural water withdrawals. Both occupied HSA watersheds were rated 
as having high conservation value to the ESU (NMFS, 2004b). The Team 
did not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 7. Mendocino Coast Subbasin (HU 1113)
    The Mendocino Coast HU is located in the southern portion of the 
ESU and includes several smaller coastal streams including the Ten 
Mile, Noyo, Albion, Navarro, and Garcia Rivers. This HU encompasses 
approximately 1,598 mi\2\ (4,123 km\2\) and contains eighteen HSA 
watersheds, seven of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 204 miles 
(326 km) of occupied riverine and estuarine habitat in the occupied 
HSAs (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e. spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including forestry, grazing, urbanization, 
agriculture, and agricultural and non-agricultural water withdrawals. 
Of the occupied HSA

[[Page 71893]]

watersheds, the Team rated two as low in conservation value, three as 
medium in conservation value, and two as high in conservation value to 
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas 
in this subbasin that may be essential for the conservation of the ESU.
Unit 8. Russian River Subbasin (HU 1114)
    The Russian River HU is located in the southernmost portion of the 
ESU and includes the Russian River drainage and its tributaries. The HU 
encompasses approximately 1,482 mi\2\ (3,824 km\2\) and contains ten 
HSA watersheds within the range of the ESU, nine of which are occupied. 
Fish distribution and habitat use data compiled by NMFS biologists 
identify approximately 133 miles (212 km) of occupied riverine and 
estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team 
concluded these occupied HSA areas contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) for this ESU and identified 
several management activities that may affect the PCEs, including 
urbanization, agriculture, forestry, sand and gravel mining, grazing, 
flood control channelization, and agricultural water withdrawals. Of 
the occupied HSA watersheds, the Team rated three as low in 
conservation value, two as medium in conservation value, and four as 
having high conservation value to the ESU (NMFS, 2004b). The Team did 
not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Northern California (NC) O. mykiss ESU
    The NC O. mykiss ESU was listed as a threatened species in 2000 (65 
FR 36074; June 7, 2000). The ESU includes all naturally spawned 
populations of O. mykiss in coastal river basins from Redwood Creek 
south to and including the Gualala River. Major watersheds occupied by 
naturally spawning fish in this ESU include Redwood Creek, Mad River, 
Eel River, several smaller coastal watersheds on the coast south to the 
Gualala River. O. mykiss within this ESU include both winter and summer 
run types, including what is presently considered to be the 
southernmost population of summer run O. mykiss in the Middle Fork Eel 
River (NMFS, 1996). The half-pounder life history type also occurs in 
the ESU, specifically in the Mad and Eel Rivers. Based on an updated 
status review (NMFS, 2003a) and an assessment of hatchery populations 
located within the range of the ESU (NMFS, 2003b), NMFS recently 
proposed that the ESU remain listed as a threatened species and that 
resident O. mykiss co-occurring with anadromous populations below 
impassible barriers (both natural and man-made) as well as two 
artificial propagation programs (Yager Creek Hatchery and North Fork 
Gualala River Hatchery) also be included in the ESU (69 FR 33102; June 
14, 2004). A Technical Recovery Team has been formed and is in the 
process of identifying the historical and extant independent population 
structure of this ESU and associated population viability parameters 
for each population.
    The Team's assessment for this ESU addressed habitat areas within 
50 occupied watersheds or CALWATER HSAs that occur in 7 associated 
subbasins or CALWATER HUs. In addition to the 50 HSA watershed units, 
conservation assessments were also made for Humboldt Bay and the Eel 
River Estuary. As part of its assessment, the Team considered the 
conservation value of each habitat area in the context of the 
productivity, spatial distribution, and diversity of habitats across 
the range of the ESU. The Team evaluated the conservation value of 
habitat areas on the basis of the physical and biological habitat 
requirements of NC O. mykiss, consistent with the PCEs identified for 
Pacific salmon and O. mykiss described under Methods and Criteria Used 
to Identify Proposed Critical Habitat.
Unit 1. Redwood Creek Subbasin (HU 1107)
    The Redwood Creek HU is located in the northern portion of the ESU 
and includes the Redwood Creek drainage. The HU encompasses 
approximately 294 mi2 (758km\2\) and includes three HSA 
watersheds, all of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 138 (220 
km) of occupied riverine and estuarine habitat in the three occupied 
HSAs (NMFS, 2004a). The Team concluded that these occupied HSA 
watersheds contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) and identified several management activities that 
may affect the PCEs, including forestry, sand and gravel mining, 
agricultural water withdrawals and impoundments, grazing and 
channelization. Of the three occupied HSA watersheds, one was rated as 
medium and two were rated as having high conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 2. Trinidad Subbasin (HU 1108)
    The Trinidad HU is located in the northern portion of the ESU and 
includes Big Lagoon and Little River. The HU encompasses approximately 
131 mi2 (338 km2) and contains two HSA 
watersheds, both of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 66 miles 
(106 km) of occupied riverine and estuarine habitat in the occupied 
HSAs (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified several management activities that may affect 
the PCEs, including forestry, agriculture, non-agricultural and 
agricultural water withdrawals and grazing. Of the two HSA watersheds, 
one was rated by the Team as having medium conservation value and one 
was rated as having high conservation value to the ESU (NMFS, 2004b). 
The Team did not identify any unoccupied areas in this subbasin that 
may be essential for conservation of the ESU.
Unit 3. Mad River Subbasin (HU 1109)
    The Mad River HU is located in the northern portion of the ESU and 
includes the Mad River drainage. The HU encompasses approximately 499 
mi2 (1,287 km2) and contains four HSA watersheds, 
all of which are occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 169 miles (270 km) 
of occupied riverine and estuarine habitat in these occupied habitat 
areas (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified several management activities that may affect 
the PCEs, including forestry, agriculture, and grazing. Of these 
occupied HSA watersheds, one was rated as having low conservation value 
and three were rated by the Team as having high conservation value to 
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas 
in this subbasin that may be essential for the conservation of the ESU.
Unit 4. Eureka Plain Subbasin (HU 1110)
    The Eureka Plain HU is located in the vicinity of Eureka and 
includes Humboldt Bay. The HU encompasses approximately 224 
mi2 (578 km2) and contains a single HSA which is 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 122 miles (195 km) of occupied 
riverine and estuarine

[[Page 71894]]

habitat in the occupied HSA watersheds (NMFS, 2004a). The Team 
concluded that these occupied areas contained one or more PCEs (i.e. 
spawning, rearing, or migratory habitat) for this ESU and identified 
several management activities that may affect the PCEs, including 
urbanization, flood control channelization, and road building and 
maintenance. The single HSA watershed in the subbasin was rated by the 
Team as having high conservation value to the ESU. The Team also 
evaluated Humboldt Bay into which most of these freshwater streams in 
this subbasin drain as a separate habitat unit. Humboldt Bay contains 
approximately 25 mi2 (65 km2) of estuarine 
habitat which the Team found contained PCEs for rearing and migration 
and was of high conservation value since it provides migratory 
connectivity for juveniles and adults between high value freshwater 
spawning and rearing habitat and the ocean. The Team did not identify 
any unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 5. Eel River Subbasin (HU 1111)
    The Eel River HU is located in the north central portion of the ESU 
and includes the Eel River and Van Duzen River drainages. The HU 
encompasses approximately 3,682 mi2 (9,500 km2) 
and contains nineteen HSA watersheds, all of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 1,269 miles (2,030 km) of occupied riverine and estuarine 
habitat in the occupied HSA watersheds (NMFS, 2004a). The Team 
concluded that these occupied watershed areas contained one or more 
PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified several management activities that may affect the PCEs, 
including agriculture, forestry, sand and gravel mining, grazing, 
exotic/invasive species, agricultural and non-agricultural water 
withdrawals, and urbanization. Of these nineteen occupied watersheds, 
nine were rated by the Team as medium in conservation value and ten 
were rated as high in conservation value to the ESU (NMFS, 2004b). The 
Team also evaluated the Eel River estuary as a separate habitat unit 
and concluded it contained PCEs for rearing and migration and is of 
high conservation value since it provides migratory connectivity for 
juveniles and adults between high conservation value freshwater 
spawning and rearing habitat and the ocean. The Team did not identify 
any unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 6. Cape Mendocino Subbasin (HU 1112)
    The Cape Mendocino HU is located in the central portion of the ESU 
and includes the Bear River and Mattole River drainages. This HU 
encompasses approximately 499 mi2 (1,287 km2) and 
contains three HSA watersheds which are all occupied. Fish distribution 
and habitat use data compiled by NMFS biologists identify approximately 
342 miles (547 km) of occupied riverine and estuarine habitat in the 
occupied HSA watersheds (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified several management 
activities that may affect the PCEs, including agriculture, grazing, 
forestry, and agricultural water withdrawals. Of these watersheds, the 
Team rated two as having low conservation value and one as having high 
conservation value to the ESU (NMFS, 2004b). The Team did not identify 
any unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 7. Mendocino Coast Subbasin (HU 1112)
    The Mendocino Coast HU is located in the southern portion of the 
ESU and includes several smaller coastal streams such as Ten Mile, 
Noyo, Albion, Navarro, and Garcia Rivers. This HU encompasses 
approximately 1,598 mi2 (4,123 km2) and contains 
eighteen HSA watersheds that are all occupied. Fish distribution and 
habitat use data compiled by NMFS biologists identify approximately 
1,022 miles (1,635 km) of occupied riverine and estuarine habitat in 
these watersheds (NMFS, 2004a). The Team concluded that these occupied 
areas contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified several management activities that 
may affect the PCEs, including forestry, grazing, urbanization, 
agriculture, and agricultural and non-agricultural water withdrawals. 
Of these occupied HSA watersheds, the Team rated five as low in 
conservation value, four as medium in conservation value, and nine as 
high in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.

Central California Coast (CCC) O. mykiss ESU

    The CCC O. mykiss ESU was listed as a threatened species in 1997 
(62 FR 433937; August 18, 1997). The ESU includes all naturally spawned 
populations of O. mykiss in coastal river basins from the Russian River 
southward to and including Aptos Creek, as well as naturally spawned 
populations of O. mykiss in drainages of San Francisco and San Pablo 
Bay eastward to but excluding the Sacramento-San Joaquin Delta. Major 
coastal watersheds occupied by naturally spawning fish in this ESU 
include the Russian River, Lagunitas Creek, and San Lorenzo River. 
Important watersheds occupied by naturally spawning fish within the San 
Francisco Bay/San Pablo Bay area include Alameda Creek, Coyote Creek, 
Guadelupe Creek, Petaluma River, and the Napa River. Based on an 
updated status review (NMFS, 2003a) and an assessment of hatchery 
populations located within the range of the ESU (NMFS, 2003b), NMFS 
recently proposed that the ESU remain listed as a threatened species 
(69 FR 33102; June 14, 2004). In addition, NMFS proposed that: (1) 
Resident O. mykiss occurring with anadromous populations below 
impassable barriers (both natural and man made); (2) two artificially 
propagated populations (Don Clausen Fish Hatchery in the Russian River 
basin and the Kingfisher Flat Hatchery/Scott Creek hatchery in Scott 
Creek south of San Francisco); and (3) three resident O. mykiss sub-
populations above Dam 1 on Alameda Creek also be included in the CCC O. 
mykiss ESU. For the purposes of this re-designation proposal, 
therefore, the watershed units occupied by resident O. mykiss in upper 
Alameda Creek were considered occupied. A Technical Recovery Team has 
been formed and is in the process of identifying the historical and 
extant independent population structure of this ESU as well as the 
associated viability criteria for these populations.
    The Team's assessment for this ESU addressed habitat areas within 
47 occupied watersheds or CALWATER HSAs that occur in 10 associated 
subbasins (or CALWATER HUs). Five of these HSAs encompass the San 
Francisco--San Pablo--Suisun Bay complex which constitutes migratory 
and rearing habitat for several Bay area tributary stream populations 
in this ESU. As part of this assessment, the Team considered the 
conservation value of each habitat area in the context of the 
productivity, spatial distribution, and diversity of habitats across 
the range of the ESU. The Team evaluated the conservation value of 
habitat areas on the basis of the physical and biological habitat 
requirements of the CCC O. mykiss ESU, consistent with the PCEs

[[Page 71895]]

identified for Pacific salmon and O. mykiss described under Methods and 
Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Russian River Subbasin (HU 1114)
    The Russian River HU is located in the northern portion of the ESU 
and includes the Russian River drainage and its tributaries. The HU 
encompasses approximately 1,482 mi2 (3,824 km2) 
and contains eleven HSA watersheds, ten of which are occupied. The 
unoccupied HSA does not contain fish because it is located above Coyote 
Dam, which is an impassable fish barrier used to facilitate water 
diversions from the Eel River and delivery downstream for agricultural 
and municipal purposes. Fish distribution and habitat use data compiled 
by NMFS biologists identify approximately 713 miles (1,141 km) of 
occupied riverine and estuarine habitat in the 10 occupied HSA 
watersheds (NMFS, 2004a). The Team concluded that these occupied HSAs 
watersheds contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) and identified several management activities that 
may affect the PCEs, including urbanization, agriculture, grazing, 
flood control channelization, road building and maintenance, 
agricultural and non-agricultural water withdrawals, and non-hydro 
dams. Of the occupied HSA watersheds, the Team rated one as low in 
conservation value, two as medium in conservation value, and seven as 
high in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify and unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Unit 2. Bodega Bay Subbasin (HU 1115)
    The Bodega Bay HU is located in the north central portion of the 
ESU and includes several small streams as well as Bodega Harbor. The HU 
encompasses approximately 147 mi2 (411 km2) and 
contains four HSA watersheds, two of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 18 miles (29 km2) of occupied riverine or 
estuarine habitat in the occupied HSAs (NMFS, 2004a). The Team 
concluded that these occupied areas contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) and identified management 
activities that may affect the PCEs, including grazing, urbanization, 
agriculture, and agricultural water withdrawals. The Team rated one 
occupied HSA watershed as low in conservation value and one as medium 
in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Unit 3. Marin Coastal Subbasin (HU 2201)
    The Marin Coastal HU is located in the central portion of the ESU 
along the coast and includes several small watersheds including 
Lagunitas Creek. The HU encompasses approximately 327 mi2 
(844 km2) and contains five HSA watersheds, four of which 
are occupied. The unoccupied HSA lacks satisfactory habitat and is of 
high gradient. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 74 miles (118 km) of occupied 
riverine or estuarine habitat in the occupied HSAs (NMFS, 2004a). The 
Team concluded that these occupied habitat areas contained one or more 
PCEs (i.e., spawning, rearing, or migratory habitat) and identified 
management activities that may affect the PCEs, including grazing, 
urbanization, forestry, agricultural and non-agricultural water 
withdrawals, and non-hydro dams. Of the occupied HSA watersheds, the 
Team rated two as low in conservation value, one as medium in 
conservation value, and one as high in conservation value to the ESU. 
The Team did not identify any unoccupied areas in this subbasin that 
may be essential to the conservation of the ESU.
Unit 4. San Mateo Subbasin (HU 2202)
    The San Mateo HU is located on the coast immediately south of the 
Golden Gate Bridge and includes several small creeks including San 
Gregorio and Pescadero Creeks. The HU encompasses approximately 257 
mi2 (663 km2) and contains six HSA watersheds, 
five of which are occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 146 miles (234 km) 
of occupied riverine or estuarine habitat in the occupied watersheds 
(NMFS, 2004a). The Team concluded that these occupied areas contained 
one or more PCEs (i.e., spawning, rearing, or migratory habitat) for 
this ESU and identified management activities that may affect the PCEs, 
including agriculture, agricultural and non-agricultural water 
withdrawals, urbanization, non-hydro dams, and road building and 
maintenance. Of these occupied HSA watersheds, one is low in 
conservation value, two are medium in value, and two are high in 
conservation value to the ESU (NMFS, 2004b). The Team did not identify 
and unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 5. Bay Bridges Subbasin (HU 2203)
    The Bay Bridges HU is located in the central portion of the ESU and 
includes portions of northern San Francisco Bay, San Pablo Bay, and 
some associated watersheds. The HU encompasses approximately 191 
mi2 (493 km2) and contains four HSA watersheds, 
three of which are occupied. The San Francisco Bayside HSA is 
unoccupied by this ESU due to intense urbanization and lack of stream 
habitat. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 46 miles (74 km) of occupied riverine 
and estuarine habitat in the occupied HSA watersheds (NMFS, 2004a). One 
of the occupied HSAs (HSA 220312; Bay Waters) includes that 
portion of San Francisco Bay bounded by the Bay Bridge, the Golden Gate 
Bridge, and the Richmond Bridge, and encompasses an area of 
approximately 83 mi2 (214 km2). This occupied 
estuarine habitat area constitutes important migratory and rearing 
habitat and access to the ocean for some populations within this ESU. 
The Team concluded that these occupied habitat areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including urbanization, channel modification, flood control 
channelization, road building and maintenance, and wetland loss. Of the 
occupied watersheds, one each is rated low, medium and high, 
respectively, in conservation value to the ESU. The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Unit 6. South Bay Subbasin (HU 2204)
    The South Bay HU is located in the southern portion of the ESU and 
includes South San Francisco Bay and associated tributaries such as 
Alamada Creek. This HU encompasses approximately 1,220 mi2 
(3.148 km2) and contains four occupied HSA watersheds. One 
of these four watersheds (Upper Alameda Creek; HSA 220430) is 
not accessible to anadromous fish at this time, but is nonetheless 
considered occupied for the purposes of this critical habitat 
designation because genetic evidence indicates the resident O. mykiss 
that reside there are closely related to local anadromous steelhead 
(Nielsen 2003) and we have proposed to include these fish in the listed 
ESU (69 FR 33102; June 14, 2004). Fish distribution and

[[Page 71896]]

habitat use data compiled by NMFS biologists identify approximately 172 
miles (275 km) of occupied riverine and estuarine habitat in the 
occupied watersheds (NMFS, 2004a), including the Upper Alameda Creek 
HSA (220430). One of the occupied HSAs (Bay Channel; HSA 
220410) includes that portion of San Francisco Bay south of 
the Bay Bridge to the Dumbarton Bridge, and encompasses an area of 
approximately 173 mi2 (446 km2). This occupied 
estuarine habitat area constitutes important migratory and rearing 
habitat and access to the ocean for some populations within this ESU. 
The Team concluded that these occupied habitat areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including urbanization, flood control channelization, non-hydro dams, 
channel modification, and non-agricultural water withdrawals. Of these 
occupied HSAs, the Team rated one as low in conservation value, one as 
medium in conservation value, and two as high in conservation value to 
the ESU. The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 7. Santa Clara Subbasin (HU 2205)
    The Santa Clara HU is located in the southern portion of the ESU 
and includes part of South San Francisco Bay and associated tributaries 
including Coyote Creek and the Guadalupe River. This HU encompasses 
approximately 840 mi2 (2,167 km2) and contains 
five HSA watersheds, four of which are occupied. The remaining HSA is 
unoccupied due to lack of stream habitat and intense urbanization. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 135 miles (216 km) of occupied riverine or estuarine 
habitat in the occupied watersheds (NMFS, 2004a). One of the occupied 
HSAs (Dumbarton South; HSA 220510) includes that portion of 
San Francisco Bay south of the Dumbarton Bridge, and encompasses an 
area of approximately 15 mi2 (39 km2). This 
occupied estuarine habitat area constitutes important migratory and 
rearing habitat and access to the ocean for some populations within 
this ESU. The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including road building and maintenance, urbanization, wetland loss, 
flood control channelization, non-hydro dams, and non-agricultural 
water withdrawals. Of the occupied watersheds, the Team rated one as 
low in conservation value, two as medium in conservation value, and one 
as high in conservation value to the ESU (NMFS, 2004b). The Team did 
not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 8. San Pablo Subbasin (HU 2206)
    The San Pablo HU is located in the central portion of the ESU and 
includes part of San Pablo Bay as well as several associated 
tributaries including the Petaluma River, Sonoma Creek, and the Napa 
River. This HU encompasses approximately 1,018 mi2 (2,626 
km2) and contains six occupied HSA watersheds. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 392 miles (627 km) of occupied riverine and estuarine 
habitat in the occupied watersheds (NMFS, 2004a). One of the occupied 
HSAs (San Pablo Bay; HSA 220610) includes San Pablo Bay from 
the Richmond Bridge to the Carquinez Bridge, and encompasses an area of 
approximately 115 mi2 (297 km2). This occupied 
estuarine habitat area constitutes important migratory and rearing 
habitat and access to the ocean for some populations within this ESU. 
The Team concluded that these occupied areas contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified management activities that may affect the PCEs, including 
urbanization, road building and maintenance, channel modification, 
flood control channelization, agriculture, wetland loss, and non-hydro 
dams. Of these occupied watersheds, the Team rated two as low, one as 
medium, and three as high in conservation value to the ESU (NMFS, 
2004b). The Team did not identify any unoccupied areas in this subbasin 
that may be essential for the conservation of the ESU.
Unit 9. Suisun Bay Subbasin (HU 2207)
    The Suisun Bay HU is located in the easternmost portion of the ESU 
and includes Suisun Bay and associated tributaries including Mount 
Diablo Creek and Suisun Creek. This HU encompasses approximately 653 
mi2 (1,684 km2) and contains eight HSA 
watersheds, five of which are occupied. The remaining three HSA 
watersheds are unoccupied due to unsuitable habitat and/or barriers and 
urbanization. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 86 miles (138 km) of occupied 
riverine and estuarine habitat in these watersheds (NMFS, 2004a). One 
of the occupied HSAs (Suisun Bay; HSA 220710) includes Suisun 
Bay which encompasses an area of approximately 56 mi2 (143 
km2). This occupied estuarine habitat area constitutes 
important migratory and rearing habitat and access to the ocean for 
some populations within this ESU. The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including urbanization, road building and 
maintenance, wetland loss, non-hydro dams, flood control 
channelization, and agricultural and non-agricultural water 
withdrawals. Of the occupied watersheds, the Team rated four as low and 
one as medium in conservation value for the ESU (NMFS, 2004b). The Team 
did not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 10. Big Basin Subbasin (HU 3304)
    The Big Basin HU is located in the southernmost coastal portion of 
the ESU south of the Golden Gate Bridge and includes several small 
coastal streams such as Gazos Creek, Waddell Creek, Scott Creek, the 
San Lorenzo River, Soquel Creek and Aptos Creek. This HU encompasses 
approximately 367 mi2 (947 km2) and contains four 
occupied HSA watersheds. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 220 miles (352 km) 
of occupied riverine and estuarine habitat in these watersheds (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including road building and maintenance, forestry, agricultural and 
non-agricultural water withdrawals, and non-hydro dams. Of these 
occupied watersheds, the Team rated one as medium and three as high in 
conservation value to the ESU (NMFS, 2004b). The Team did not identify 
any unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.

South-Central California Coast (SCCC) O. mykiss ESU

    The SCCC O. mykiss ESU was listed as a threatened species in 1997 
(62 FR 43937). The ESU includes all naturally spawned populations of O. 
mykiss in

[[Page 71897]]

coastal river basins from the Pajaro River southward to, but not 
including, the Santa Maria River. The major watersheds occupied by 
naturally spawning fish in this ESU include the Pajaro River, Salinas 
River, Carmel River, and numerous smaller rivers and streams along the 
Big Sur coast and southward. Most of the rivers in this ESU drain the 
Santa Lucia Range, the southernmost unit of the California Coast Range, 
and only winter steelhead are found in this ESU. The climate is drier 
and warmer than in the north, as reflected in vegetational changes from 
coniferous forest to chapparral and coastal scrub. The mouths of many 
rivers and streams in this ESU are seasonally closed by sand berms that 
form during periods of low flow in the summer. Based on an updated 
status review (NMFS, 2003a), NMFS recently proposed that the ESU remain 
listed as a threatened species and that resident O. mykiss co-occurring 
with anadromous populations below impassible barriers (both natural and 
man-made) be included in the ESU (69 FR 33102; June 14, 2004). A 
Technical Recovery Team has been formed and is in the process of 
identifying the historical and extant independent population structure 
of this ESU and associated population viability criteria. The time 
frame for completion of this work is uncertain.
    The Team's assessment for this ESU addressed habitat areas within 
30 occupied watersheds or CALWATER HSAs that occur in 8 associated 
subbasins (or CALWATER HUs). In addition to 29 HSA watershed units, a 
conservation assessment was also made for Morro Bay (a separate HSA 
unit) which provides rearing and migration PCEs for this ESU. As part 
of its conservation assessment, the Team considered the conservation 
value of each habitat area in the context of the productivity, spatial 
distribution, and diversity of habitat across the range of the ESU. The 
Team evaluated the conservation value of habitat areas on the basis of 
the physical and biological habitat requirements of the SCCC O. mykiss 
ESU, consistent with the PCEs identified for Pacific salmon and O. 
mykiss described under Methods and Criteria Used to Identify Proposed 
Critical Habitat.
Unit 1. Pajaro River Subbasin (HU 3305)
    The Pajaro River HU is located in the northern part of the ESU and 
includes the Pajaro River and its tributaries. The HU encompasses 
approximately 1,311 mi2 (3,382 km2) and contains 
five occupied HSA watersheds, although a portion of one HSA is located 
outside the boundary of the ESU. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 296 miles (474 km) 
of occupied riverine and/or estuarine habitat in the occupied HSA 
watersheds (NMFS, 2004a). The Team concluded that these occupied HSAs 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified several management activities that may affect 
the PCEs, including flood control channelization, agricultural and non-
agricultural water withdrawals, road building and maintenance, and non-
hydro dams. Of the five occupied watersheds, the Team rated three as 
medium in conservation value and two as high in conservation value to 
the ESU (NMFS, 2004b).
    The Team also concluded that inaccessible habitat above Uvas Dam in 
Uvas Creek (a tributary to the Pajaro River) may be essential to the 
conservation of the ESU. The Team concluded that this unoccupied 
habitat area may be essential for conservation because: (1) It supports 
O. mykiss native to the Pajaro River watershed and contains habitat 
suitable for spawning and rearing; and (2) efforts are underway to 
implement a long-standing agreement between the South Santa Clara 
Valley Water Conservation District and the State of California to 
provide fish passage past this dam. We seek comment on whether this 
unoccupied area should be proposed as critical habitat.
Unit 2. Bolsa Neuva Subbasin (HU 3306)
    The Bolsa Neuva HU is a small watershed unit located in the 
northern part of the ESU which includes Elkhorn Slough. The HU 
encompasses approximately 51 mi2 (132 km2) and 
contains one HSA watershed and approximately 63 miles of streams (at 
1:100,000 hydrography). Fish distribution and habitat use data compiled 
by NMFS biologists indicate that this watershed is not occupied (NMFS, 
2004a). The Team did not identify this unoccupied HSA as a habitat area 
that was essential for the conservation of the ESU. Because this HU did 
not contain occupied habitat or unoccupied habitat that the Team 
believed may be essential for the conservation of the ESU, it was not 
considered further in the designation process.
Unit 3. Carmel River Subbasin (HU 3307)
    The Carmel River HU is located in the northwestern portion of the 
ESU and includes the Carmel River watershed. The HU encompasses 
approximately 256 mi2 (660 km2) and contains only 
one HSA which is occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 136 miles (218 km) 
of occupied riverine and estuarine habitat in this watershed (NMFS, 
2004a). The Team concluded that this occupied watershed contained 
habitat areas with one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) and identified management activities that may affect 
the PCEs, including flood control channelization, non-hydro dams, and 
non-agricultural water withdrawals. The Team rated this watershed as 
having high conservation value to the ESU (NMFS, 2004b). The Team did 
not identify any unoccupied areas in this subbasin that may be 
essential for conservation of the ESU.
Unit 4. Santa Lucia Subbasin (HU 3308)
    The Santa Lucia HU is located along the Big Sur coastal area and 
includes the Big Sur River and Little Sur River watersheds. The HU 
encompasses approximately 302 mi2 (779 km2) and 
contains only a single HSA which is occupied. Fish distribution and 
habitat use data compiled by NMFS biologists identify approximately 102 
miles (163 km) of occupied riverine and estuarine habitat in this 
watershed (NMFS, 2004a). The Team concluded that this occupied 
watershed contained one or more PCEs (i.e. spawning, rearing, or 
migratory habitat) and identified at least one management activity that 
may affect the PCEs, including road building and maintenance. The Team 
rated this watershed as having high conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 5. Salinas River Subbasin (HU 3309)
    The Salinas River HU is located in the north-central portion of the 
ESU and includes the Salinas River watershed which is the largest in 
the ESU. The Salinas River HU encompasses approximately 3,527 
mi2 (9,099km2) and contains twelve HSA 
watersheds, seven of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 375 miles 
(600 km) of occupied riverine and estuarine habitat in the occupied HSA 
watersheds (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified management activities

[[Page 71898]]

that may affect the PCEs, including agriculture, flood control 
channelization, wetland loss, road building and maintenance, non-hydro 
dams, and agricultural water withdrawals. Of the occupied watersheds, 
the Team rated four as having low conservation value, one as having 
medium conservation value, and two as having high conservation value to 
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas 
in this subbasin that may be essential for the conservation of the ESU.
Unit 6. Estero Bay (HU 3310)
    The Estero Bay HU is located along the southern coast of the ESU 
and includes several relatively small coastal streams including Arroyo 
De La Cruz, San Simeon Creek, Santa Rosa Creek, Morro Creek, Chorro 
Creek, San Luis Obispo Creek, and Arroyo Grande Creek. The HU 
encompasses approximately 751 mi2 (436 km2) and 
contains seventeen HSA watersheds, sixteen of which are occupied. One 
of these occupied watersheds is Morro Bay into which the Morro Creek 
and Chorro Creek watersheds drain. Morro Bay proper encompasses an area 
of approximately 3 mi2 (8 km2) and is an 
important rearing and migratory habitat for populations that occupy the 
watersheds that drain into the Bay. Fish distribution and habitat use 
data compiled by NMFS biologists identify approximately 352 miles (563 
km) of occupied riverine habitat in the occupied watersheds (NMFS, 
2004a). The Team concluded that these occupied habitat areas contained 
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified management activities that may affect the PCEs, including 
grazing, agriculture, urbanization, non-hydro dams, road building and 
maintenance, and agricultural water withdrawals. Of the occupied HSA 
watersheds, the Team rated two as low, seven as medium, and seven as 
high in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Units 7 (Santa Maria HU 3312) and 8 (Estrella HU 
3317)
    Portions of the Santa Maria and Estrella HUs are within the 
geographic range of this ESU, but do not contain occupied riverine or 
estuarine habitat. The Santa Maria HU includes a single HSA (Guadalupe; 
331210) which is divided by the ESU boundary. All occupied habitat 
within this HSA occurs within the range of the Southern California 
steelhead ESU. The Estrella HU contains a single HSA (Estrella River; 
331700) which is unoccupied. The Team did not identify any unoccupied 
areas in this subbasin that may be essential for the conservation of 
the ESU. Because these areas did not contain occupied habitat or 
unoccupied habitat that may be essential for the conservation of the 
ESU, they were not considered further in the designation process.

Southern California (SC) O. mykiss ESU

    The SC O. mykiss ESU was listed as an endangered species in 1997 
(62 FR 3937; August 18, 1997). In 2002, the status of the ESU was 
updated and its range extended based on new information indicating that 
anadromous O. mykiss had re-colonized watersheds from which it was 
thought to have been extirpated (67 FR 21586; May 1, 2002). The SC O. 
mykiss ESU includes all naturally spawned populations of O. mykiss in 
coastal river basins from the Santa Maria River in San Luis Obispo 
County southward to the U.S.--Mexican Border (67 FR 21586). Major 
coastal watersheds occupied by naturally spawning fish in this ESU 
include the Santa Maria, Santa Ynez, Ventura, and Santa Clara Rivers. 
Several smaller streams in Santa Barbara, Ventura and northern Los 
Angeles County also support naturally spawning steelhead, as do two 
watersheds (San Juan Creek and San Mateo Creek) in southern Orange 
County and northern San Diego County. These southernmost populations 
are disjunct in distribution and are separated from the northernmost 
populations by approximately 80 miles (128 km). Based on an updated 
status review (NMFS, 2003a), NMFS recently proposed that the ESU remain 
listed as an endangered species (69 FR 33102; June 14, 2004). In 
addition, NMFS proposed that resident O. mykiss occurring with 
anadromous populations below impassable barriers (both natural and man 
made) also be included in the ESU. A Technical Recovery Team has been 
formed for the South-Central coast of California and is in the process 
of identifying the historical and extant independent population 
structure of this ESU and the SCCC O. mykiss ESU, as well as the 
associated viability criteria for these populations.
    The Team's assessment for this ESU addressed habitat areas within 
37 occupied watersheds or CALWATER HSAs that occur in 8 associated 
subbasins or CALWATER HUs. As part of its assessment, the Team 
considered the conservation value of each habitat area (or HSA) in the 
context of the productivity, spatial distribution, and diversity of 
habitats across the range of the ESU. The Team evaluated the 
conservation value of habitat areas on the basis of the physical and 
biological habitat requirements of the SC O. mykiss, consistent with 
the PCEs identified for Pacific salmon and O. mykiss described under 
Methods and Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Santa Maria River Subbasin (HU 3312)
    The Santa Maria River HU is located in the northwestern portion of 
the ESU and includes the Santa Maria River and its upstream 
tributaries, the Sisquoc and Cuyama Rivers. The HU encompasses an area 
of approximately 704 mi2 (1816 km2) and contains 
three occupied HSA watersheds. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 219 miles (350 km) 
of occupied riverine and estuarine habitat in these watersheds (NMFS, 
2004a). The Team concluded that these occupied HSA watersheds contained 
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified several management activities that may affect the PCEs, 
including non-hydro dams, water withdrawals, sand and gravel mining, 
and grazing. Of the occupied watersheds, the Team rated two as low and 
one as high in conservation value to the ESU (NMFS, 2004b). The Team 
did not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 2. Santa Ynez River Subbasin (HU 3314)
    The Santa Ynez River HU is located in the northwestern portion of 
the ESU and includes the Santa Ynez River watershed. The HU encompasses 
an area of approximately 485 mi2 (1,251 km2) and 
contains six HSA watersheds, five of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 138 miles (221 km) of occupied riverine and estuarine 
habitat in the occupied watersheds (NMFS, 2004a). The Team concluded 
that these occupied watersheds contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) and identified several 
management activities that may affect the PCEs, including grazing, 
water withdrawals, non-hydro dams, urbanization, barriers to migration, 
and road building and maintenance. Of these occupied watersheds, the 
Team rated one as low, two as medium, and two as high in conservation 
value to the ESU (NMFS, 2004b).

[[Page 71899]]

    The Team also concluded that inaccessible reaches of the Santa Ynez 
River and its tributaries above Bradbury Dam may be essential to the 
conservation of this ESU. The Team reached this conclusion because 
historical records indicate that the upper portion of the Santa Ynez 
watershed above Bradbury Dam provided the principal spawning and 
rearing habitat for a historically large anadromous O. mykiss 
population within this river system prior to construction of the dam. 
In addition, most of these unoccupied river reaches are located on 
lands under public ownership and management, primarily the Los Padres 
National Forest. Because of the large size of the Santa Ynez river 
system, it is likely to have historically supported one or more 
independent populations which contributed to the resiliency of the ESU 
and served as a buffer against extinction. The currently occupied 
habitat areas within the range of the SC O. mykiss ESU are relatively 
small in number and size, and in many cases are isolated from other 
occupied habitats, thus the re-establishment of larger populations such 
as the one that historically occurred in the Santa Ynez River may be 
necessary to reduce the extinction probability of this ESU. We seek 
comment on whether unoccupied areas above Bradbury Dam should be 
proposed as critical habitat.
Unit 3. South Coast Subbasin (HU 3315)
    The South Coast HU is located in the northwestern portion of the 
ESU and includes several small coastal streams such as Jalama Creek, 
Arroyo Hondo, Mission Creek, and Carpinteria Creek. The HU encompasses 
an area of approximately 375 mi2 (968 km2) and 
contains five occupied HSAs. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 152 miles (243 km) 
of occupied riverine and estuarine habitat in the occupied watersheds 
(NMFS, 2004a). The Team concluded that these occupied HSA watersheds 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified several management activities that may affect 
the PCEs, including agriculture, migration barriers or impediments, 
water withdrawals, urbanization, road building and maintenance, and 
wetland loss. Of the occupied watersheds, the Team rated all five as 
high in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied areas in this subbasin that may be essential 
for the conservation of the ESU.
Unit 4. Ventura River Subbasin (HU 4402)
    The Ventura River HU is located in the northwestern portion of the 
ESU and includes the Ventura River and its associated tributaries. The 
HU encompasses an area of approximately 162 mi2 (259 
km2) and contains four occupied HSA watersheds. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 68 miles (109 km) of occupied riverine and estuarine 
habitat in the occupied watersheds (NMFS, 2004a). The Team concluded 
that these occupied HSAs contained one or more PCEs (i.e., spawning, 
rearing, or migratory habitat) and identified several management 
activities that may affect the PCEs, including urbanization, 
agriculture, water withdrawals, non-hydro dams, barriers or 
impediments, and exotic or invasive species. Of these occupied 
watersheds, the Team rated two as medium and two as high in 
conservation value (NMFS, 2004b).
    The Team also concluded that inaccessible reaches of Matilija Creek 
and its tributaries above Matilija Dam and inaccessible reaches of 
Coyote and Santa Ana Creeks above Casitas Dam may be essential to the 
conservation of this ESU. The Team reached this conclusion because 
historical records indicate that the inaccessible habitat reaches above 
Matilija and Casitas Dams provided the principal spawning and rearing 
habitat for a historically large anadromous O. mykiss population within 
the Ventura River watershed prior to construction of the dams. In 
addition, most of these unoccupied river reaches are located on lands 
under public ownership and management, primarily the Los Padres 
National Forest. Because of the relatively large size of the Ventura 
River watershed, it is likely to have historically supported one or 
more independent populations prior to dam construction which 
contributed to the resiliency of the ESU and served as a buffer against 
extinction. The currently occupied habitat areas within the range of 
the SC O. mykiss ESU are relatively small in number and size, and in 
many cases are isolated from other occupied habitats. Thus the re-
establishment of larger populations such as the ones that historically 
occurred in the Ventura River watershed may be necessary to reduce the 
extinction probability of this ESU. We seek comment on whether 
unoccupied areas above Matilija and Casitas Dams should be proposed as 
critical habitat.
Unit 5. Santa Clara--Calleguas Subbasin (HU 4403)
    The Santa Clara--Calleguas HU is located in the northwestern 
portion of the range of the ESU and includes the Santa Clara River and 
its tributaries including Sespe Creek. That portion of the HU within 
the range of the ESU encompasses a large area of approximately 1,236 
mi2 (3,189 km2) and contains 14 HSA watersheds, 
only 6 of which are occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 182 miles (291 km) 
of occupied riverine and estuarine habitat in the occupied watersheds 
(NMFS, 2004a). The Team concluded that these occupied HSAs contained 
one or more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified several management activities that may affect the PCEs, 
including agriculture, irrigation water withdrawals, barriers and 
impediments, dams, urbanization, and exotic/invasive species. Of these 
occupied watersheds, the Team rated one as medium and five as high in 
conservation value (NMFS, 2004b).
    The Team also concluded that inaccessible reaches of Piru Creek and 
its tributaries above Santa Felicia Dam may be essential to the 
conservation of this ESU. The Team reached this conclusion because 
historical records indicate that the inaccessible habitat reaches above 
Santa Felicia Dam provided the principal spawning and rearing habitat 
for a historically large anadromous O. mykiss population within the 
Santa Clara River watershed prior to construction of the dam. In 
addition, most of these unoccupied river reaches are located on lands 
under public ownership and management, primarily the Los Padres 
National Forest. Because of the large size of the Santa Clara River 
watershed, it is likely to have historically supported one or more 
independent populations prior to dam construction which contributed to 
the resiliency of the ESU and served as a buffer against its 
extinction. The currently occupied habitat areas within the range of 
the SC O. mykiss ESU are relatively small in number and size, and in 
many cases are isolated from other occupied habitats, thus the re-
establishment of larger populations such as the one that historically 
occurred in the Santa Clara River watershed may be necessary to reduce 
the extinction probability of this ESU. We seek comment on whether 
unoccupied areas above Santa Felicia Dam should be proposed as critical 
habitat.

[[Page 71900]]

Unit 6. Santa Monica Bay Subbasin (HU 4404)
    The Santa Monica Bay HU is located in the northwestern portion of 
the ESU and includes Topanga Creek, Malibu Creek, and Arroyo Sequit. 
That portion of the HU within the ESU encompasses approximately 328 
mi2 (846 km2) and includes 29 HSA watersheds, 
only 3 of which are occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify only approximately 11 miles (18 
km) of occupied riverine and estuarine habitat in the 3 occupied 
watersheds (NMFS, 2004a). The Team concluded that these occupied 
watersheds contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) and identified several management activities that 
may affect the PCEs, including road building and maintenance, 
urbanization, barriers and impediments, and flood control and other 
channel modifications. Of these occupied watersheds, the Team rated all 
three as high in conservation value to the ESU (NMFS, 2004b).
    The Team also concluded that inaccessible reaches of Malibu Creek 
above Rindge Dam may be essential to the conservtion of this ESU. The 
Team reached this conclusion because historical records indicate that 
the inaccessible habitat reaches above Rindge Dam provided the 
principal spawning and rearing habitat for an important anadromous O. 
mykiss population within the Malibu River watershed prior to 
construction of the dam. Because of the size of this watershed, it is 
likely to have historically supported an independent population prior 
to dam construction which contributed to the resiliency of the ESU and 
served as a buffer against its extinction. The currently occupied 
habitat areas within the range of the SC O. mykiss ESU are relatively 
small in number and size, and in many cases are isolated from other 
occupied habitats, thus the re-establishment of larger populations such 
as the one that historically occurred in Malibu Creek may be necessary 
to reduce the extinction probability of this ESU. We seek comment on 
whether unoccupied areas above Rindge Dam should be proposed as 
critical habitat.
Unit 7. Calleguas Subbasin (HU 4408)
    The Calleguas HU is located in the northwestern portion of the ESU 
and includes Calleguas Creek and estuary. That portion of the HU within 
the range of the ESU encompasses a large area of approximately 344 
mi2 (888 km2) and 12 HSA watersheds, only 2 of 
which are occupied. Fish distribution and habitat use data compiled by 
NMFS biologists identify only approximately 1 mile (1.6 km) of occupied 
freshwater and estuarine habitat in the occupied HSA watersheds (NMFS, 
2004b). The Team concluded that the occupied watersheds contained one 
or more PCEs (i.e., rearing and migratory habitat) and identified 
management activities that may affect the PCEs, including agriculture, 
channel modifications, and barriers or impediments. The Team also 
concluded that both watersheds have a low conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas that may 
be essential to the conservation of the ESU.
Unit 8. San Juan Subbasin (HU 4901)
    The San Juan HU is located in the southern portion of the ESU and 
includes the San Juan Creek and San Mateo Creek watersheds which have 
recently been re-colonized by anadromous O. mykiss. That portion of the 
HU within the range of the ESU encompasses an area of approximately 496 
mi2 (1,280 km2) and contains 18 HSA watersheds, 9 
of which are occupied. Fish distribution and habitat use data compiled 
by NMFS biologists identify approximately 66 miles (106 km) of occupied 
riverine and estuarine habitat in the occupied watersheds (NMFS, 
2004a). The Team concluded that the occupied watersheds contained one 
or more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified several management activities that may affect the PCEs, 
including urbanization, road building and maintenance, barriers and 
impediments, channel modifications or flood control structures, 
agriculture, agricultural and non-agricultural water withdrawals, and 
exotic/invasive species. Of these occupied watersheds, the Team rated 
one as low, one as medium, and seven as high in conservation value to 
the ESU (NMFS, 2004b). The Team did not identify any unoccupied areas 
that may be essential for the conservation of the ESU.
    Within the range of the SC O. mykiss ESU, which extends from the 
Santa Maria River southward to the U.S.--Mexico border, there are a 
large number of HSA watersheds and their associated subbasins (or HUs) 
that are not occupied. These unoccupied subbasins include the San 
Gabriel River, Los Angeles River, Santa Ana River, Santa Margarita 
River, San Luis Rey River, San Dieguito River, San Diego River, 
Sweetwater River, Otay River and Tijuana River. Because these areas are 
unoccupied and were not considered essential for conservation of the 
ESU by the Team, they were not considered further in the designation 
process.

Central Valley (CV) Spring-Run Chinook ESU

    The CV spring-run chinook ESU was listed as a threatened species in 
1999 (64 FR 50394). The ESU includes all naturally spawned populations 
of spring-run chinook salmon in the Sacramento River and its 
tributaries. The agency recently conducted a review to update the ESU's 
status, taking into account new information and considering the net 
contribution of artificial propagation efforts in the ESU. A single 
artificially propagated spring-run chinook stock resides within the 
historical geographic range of the ESU (Feather River Hatchery spring-
run chinook program), but it is not considered part of the ESU because 
of introgression with fall-run chinook salmon. NMFS has recently 
proposed that the CV spring-run chinook ESU remain listed as a 
threatened species (69 FR 33102; June 14, 2004). No artificial 
propagation programs were proposed for listing.
    A Technical Recovery Team has been established for the Central 
Valley recovery planning domain, and it has identified historic and 
extant demographically independent populations of spring chinook (NMFS, 
2004; NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-370). The TRT 
divided the range of the spring-run chinook ESU into four geographic 
groups. Geographic areas in each group inhabit similar environments 
based on a principle components analysis of environmental variables. 
The four geographic groups are the southern Cascades, northern Sierra, 
southern Sierra, and Coast Range. The TRT identified at least 18 
historically demographically independent populations of spring-run 
chinook distributed among these four geographic areas, plus an 
additional seven likely dependent populations that may have been 
strongly influenced by adjacent independent population. Three of the 18 
independent populations are extant (Mill, Deer and Butte Creek 
populations) and all occur in the Southern Cascade geographic area. 
Several extant dependent populations have intermittent runs of spring 
chinook including Big Chico, Antelope, and Beegum Creeks. Recovery 
planning will likely emphasize the need for having viable populations 
distributed across the range of the identified geographic areas 
(Ruckelshaus et al., 2002; McElhany et al., 2003). Recovery planning 
efforts are currently focused on working with the CalFed and Central

[[Page 71901]]

Valley Project Improvement Act programs to implement habitat 
restoration projects and other recovery related efforts in the Central 
Valley. The Team considered the TRT products in rating each watershed 
and also solicited input from the TRT on the distributional and habitat 
use information that was compiled as well as the conservation 
assessment of occupied HSAs.
    The Team's assessment for this ESU addressed habitat areas within 
37 occupied watersheds or CALWATER HSAs that occur in 15 associated 
subbasins or CALWATER HUs. This assessment also included four HSAs that 
encompass the San Francisco-San Pablo-Suisun Bay complex, which 
constitutes rearing and migration habitat for this ESU. This complex is 
treated as a separate unit in the following ESU description even though 
it is not a CALWATER HU. As part of its assessment, the Team considered 
the conservation value of each habitat area (or HSA) in the context of 
the productivity, spatial distribution, and diversity of habitats 
across the range of the ESU. The Team evaluated the conservation value 
of habitat areas on the basis of the physical and biological habitat 
requirements of the CV spring-run chinook, consistent with the PCEs 
identified for Pacific salmon and O. mykiss described under Methods and 
Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Tehama Subbasin (HU 5504)
    The Tehama HU is located in the north central portion of the ESU 
and includes portions of the mainstem Sacramento River, the lower 
portions of two westside tributaries (Thomes and Stony Creeks) and the 
lower portions of three eastside tributaries (Mill Creek, Deer Creek, 
and Pine Creek). The HU encompasses an area of approximately 1,119 
square miles (2,887 km2) and contains two HSA watersheds, 
both of which are occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify approximately 250 miles (400 km) 
of occupied riverine habitat in the occupied watersheds (NMFS, 2004a). 
The Team concluded that these occupied watersheds contained one or more 
PCEs (i.e., spawning, rearing, or migratory habitat) and identified 
several management activities that may affect the PCEs, including 
agricultural water withdrawals, fish passage impediments, stream bank 
stabilization for flood control, dam operations, urbanization, 
rangeland management, diking, and point and non-point source water 
pollution. Of these occupied watersheds, the Team rated one as medium 
and one as having high conservation value to the ESU (NMFS, 2004b). The 
Team did not identify any unoccupied areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 2. Whitmore Subbasin (HU 5507)
    The Whitmore HU is located in the north eastern portion of the ESU 
and includes portions of upper Battle Creek (North and South Forks), 
upper Bear Creek, and the Cow Creek watershed. The HU encompasses an 
area approximately 913 mi\2\ (2,355 km\2\) and contains seven HSA 
watersheds, four of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 58 miles 
(93 km) of occupied riverine habitat in the occupied HSAs (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified management activities that may affect the PCEs, including 
agricultural and no-agricultural water withdrawals, forestry, rangeland 
management, hydropower diversions, urbanization, and fish passage 
impediments. Of these watersheds, the Team rated three as having low 
conservation value and one as having high conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 3. Redding Subbasin (HU 5508)
    The Redding HU is located in the northernmost portion of the ESU 
and includes portions of the upper Sacramento River mainstem, westside 
tributaries including Cottonwood Creek (portions of both the Middle and 
South Forks) and Clear Creek, and the lower portions of several 
eastside tributaries (Cow Creek, Bear Creek, and lower Battle Creek). 
The HU encompasses an area of approximately 705 mi\2\ (1,818 km\2\) and 
contains two occupied HSA watersheds. Fish distribution and habitat use 
data compiled by NMFS biologists identify approximately 159 miles (254 
km) of occupied riverine habitat in these watersheds (NMFS, 2004a). The 
Team concluded that these occupied areas contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) and identified 
management activities that may affect the PCEs, including rangeland 
management, gravel mining, fish passage impediments, dam operations and 
flood control water storage, and agricultural water withdrawals. The 
Team rated both occupied watersheds as having high conservation value 
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied 
areas in this subbasin that may be essential for the conservation of 
the ESU.
Unit 4. Eastern Tehama Subbasin (HU 5509)
    The Eastern Tehama HU is located in the northeastern portion of the 
ESU and includes portions of several important populations including 
Mill Creek, Deer Creek, Antelope Creek, and the upper portion of Big 
Chico Creek. The HU encompasses an area of approximately 896 mi\2\ 
(2,311 km\2\) and contains ten HSA watersheds, four of which are 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 117 miles (187 km) of occupied 
riverine habitat in the occupied watersheds (NMFS, 2004a). The Team 
concluded that these occupied areas contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) for this ESU and identified 
management activities that may affect the PCEs, including forestry, 
rangeland management, fish passage impediments, road building and 
maintenance, and agricultural water withdrawals. Of the occupied 
watersheds, the Team rated them all high in conservation value to the 
ESU (NMFS, 2004b). The Team did not identify any unoccupied areas in 
this subbasin may be essential for the conservation of the ESU.
Unit 5. Sacramento Delta Subbasin (HU 5510)
    The Sacramento Delta HU is located in the southern portion of the 
ESU and includes portions of the mainstem Sacramento River and the Deep 
Water Ship Channel. The HU encompasses an area of approximately 446 
mi\2\ (1,150 km\2\) and contains a single HSA which is occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 180 miles (288 km) of occupied riverine habitat in this 
watershed (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including agricultural water withdrawals, point and 
non-point water pollution, invasive/non-native species, diking, and 
streambank stabilization for flood control. The Team rated this 
watershed as high in conservation value to the ESU (NMFS, 2004b). The 
Team did not identify any unoccupied habitat areas in the subbasin that 
may be essential for conservation of the ESU.

[[Page 71902]]

Unit 6. Valley Putah-Cache Subbasin (HU 5511)
    The Valley Putah-Cache HU is located in the southern portion of the 
ESU and includes portions of Putah and Cache Creeks. This HU 
encompasses an area of approximately 961 mi\2\ (2,479 km\2\) and 
contains two HSA watersheds within the range of the ESU, one of which 
is occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 16 miles (26 km) of occupied riverine 
habitat in this watershed (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including urban development, agricultural 
water withdrawals, and impediments to fish passage. The Team rated the 
occupied watershed as high in conservation value to the ESU (NMFS, 
2004b). The Team did not identify any unoccupied habitat areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 7. Marysville Subbasin (HU 5515)
    The Marysville HU is located in the central portion of the ESU and 
includes portions of the lower Feather and Yuba Rivers. This HU 
encompasses an area of approximately 417 mi\2\ (1,076 km\2\) and 
contains three HSA watersheds, two of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
only 58 miles (93 km) of occupied riverine habitat in these occupied 
watersheds (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including agricultural water withdrawals, 
hydroelectric and municipal water diversions, water storage for flood 
control, dam operations, streambank stabilization for flood control, 
diking, and fish passage impediments. The Team rated both occupied 
watersheds as high in conservation value to the ESU (NMFS, 2004b).
    The Team did not identify any unoccupied habitat areas in this 
subbasin that may be essential for the conservation of the ESU; 
however, the Team did conclude that inaccessible stream reaches in the 
Upper Feather River above Oroville Dam in the adjacent subbasin (HU 
5518) may be essential to the conservation of this ESU. 
Specifically, the Team identified the following stream reaches above 
Oroville Dam that may be essential for conservation of this ESU: from 
Oroville Dam upstream along the West Branch of the Feather River to the 
vicinity of Kimshew Falls; along the North Fork of the Feather River 
upstream of the location of Lake Almanor; along the East Branch of the 
NF Feather River including Indian Creek and Spanish Creek; the South 
Middle Fork of the Feather River, and the South Fork of the Feather 
River upstream to the first natural impassible barrier. Both spring-run 
chinook and steelhead historically occurred in the Upper Feather River 
prior to Pacific Gas and Electric's hydroelectric development in the 
North Fork watershed and the construction of Oroville Dam. Construction 
of Oroville Dam extirpated both the spring-run chinook and steelhead 
populations in this upper watershed. The Team concluded that spawning, 
rearing, and migratory habitat occurs above Oroville Dam in these 
inaccessible reaches, but it is in better condition for steelhead than 
spring-run chinook salmon. The feasibility of providing fish passage 
past Oroville Dam is currently being evaluated through the ongoing FERC 
relicensing process for this facility. The Team concluded this 
inaccessible habitat may be essential for the conservation of this ESU 
because the genetic integrity of spring-run chinook in the Lower 
Feather River has been compromised by Feather River Hatchery practices 
(i.e., introgression of spring and fall runs in the hatchery), and 
providing access to the unoccupied habitat above the dam would allow 
for expansion of the population in this watershed. We seek comment on 
whether this unoccupied habitat should be proposed as critical habitat.
Unit 8. Yuba River Subbasin (HU 5517)
    The Yuba River HU is located in the central and eastern portion of 
the ESU and includes part of the upper Yuba River watershed. This HU 
encompasses an area of approximately 1,436 mi\2\ (3,704 km\2\) and 
contains sixteen HSA watersheds, only four of which are occupied. 
Virtually all of these watersheds, however, are outside the previously 
identified boundary of the ESU. Fish distribution and habitat use data 
compiled by NMFS biologists identify only approximately 22 miles (35 
km) of occupied riverine habitat in the occupied watersheds (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including agricultural and non-agricultural water withdrawals, fish 
passage impediments, and dam operations. Of these occupied watersheds, 
the Team rated one as low, one as medium, and two as high in 
conservation value to the ESU (NMFS, 2004b).
    The Team concluded that inaccessible stream reaches on the Upper 
Yuba River above Englebright Dam may be essential to the conservation 
of this ESU, including those upstream reaches on the North Yuba to New 
Bullards Bar Dam, on the Middle Yuba to Milton Dam, and on the South 
Yuba to Lake Spaulding. All three forks of the Upper Yuba River 
historically supported populations of spring chinook and steelhead 
(Yoshiyama et al., 1995). The Team considered this area to be essential 
for conservation because it provides one of the largest areas of 
suitable habitat in the Central Valley that can be accessed by 
providing passage at one relatively small dam. The Lower Yuba is also 
considered to have a good ``seed'' population of both spring chinook 
and steelhead and both populations are considered relatively free of 
hatchery influence. A large, multi-million dollar study program is 
underway through the CALFED Ecological Restoration Program to evaluate 
the feasibility of restoring anadromous salmonid populations to the 
Upper Yuba River. We seek comment on whether this unoccupied habitat 
should be proposed as critical habitat.
Unit 9. Valley-American Subbasin (HU 5519)
    The Valley-American HU is located in the south-central and eastern 
portion of the ESU and includes portions of the Lower American River, 
the mainstem Sacramento River, and the lower Feather River. This HU 
encompasses an area of approximately 958 mi\2\ (2,471 km\2\) and 
contains four HSA watersheds, only two of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
only approximately 61 miles (98 km) of occupied riverine habitat in 
these watersheds (NMFS, 2004a). The Team concluded that these occupied 
areas contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including agricultural and municipal water 
withdrawals, point source and non-point source water pollution, 
streambank stabilization for flood control, fish passage impediments, 
water storage for flood control, dam operations, and urbanization. The 
Team rated one watershed as medium in conservation value and one as 
high in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any

[[Page 71903]]

unoccupied habitat areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 10. Colusa Basin Subbasin (HU 5520)
    The Colusa Basin HU is located in the central portion of the ESU 
and includes portions of the mainstem Sacramento River, lower Butte 
Creek, and the Butte Creek-Sutter Bypass. This HU encompasses an area 
of approximately 2,767 mi\2\ (7,139 km\2\) and contains five HSA 
watersheds, four of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 230 miles 
of occupied riverine habitat, including the Butte Creek-Sutter Bypass, 
in these watersheds (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including agricultural and municipal water 
withdrawals, fish passage impediments, point and non-point source 
pollution, diking, wildlife habitat management, flood control 
operations, and non-native/invasive species. The Team rated all four 
occupied watersheds as having high conservation value to the ESU (NMFS, 
2004b). The Team did not identify any unoccupied habitat areas in this 
subbasin that may be essential for the conservation of the ESU.
Unit 11. Butte Creek Subbasin (HU 5521)
    The Butte Creek HU is located in the northeastern portion of the 
ESU and includes portions of upper Butte Creek. This HU encompasses an 
area of approximately 207 mi\2\ (534 km\2\) and contains three HSA 
watersheds, only one of which is occupied. Fish distribution and 
habitat use data compiled by NMFS biologists identify approximately 15 
miles (24 km) of occupied riverine habitat in the watershed (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified water diversions for hydroelectric power as the 
principal management activity that may affect the PCEs. The Team rated 
this occupied watershed as high in conservation value to the ESU (NMFS, 
2004b).
    The Team also concluded that inaccessible reaches of Upper Butte 
Creek above Centerville Dam upstream to Butte Meadow may be essential 
to the conservation of this ESU. It is uncertain whether this area was 
historically used by the ESU, but spawning, rearing, and migration is 
present in the inaccessible areas and is thought to be in good 
condition. The Team believed this area may be essential for 
conservation because current spring run chinook and steelhead spawning 
in this watershed is all below an elevation of 1,000 ft and other 
spring-run chinook populations within the ESU typically spawn above 
2,000 ft. High water temperatures in the lower portion of Butte Creek 
have led to significant spring-run chinook pre-spawning mortalities in 
recent years, and the Team concluded that improved fish passage over 
the Centerville Diversion Dam would increase the range of this ESU and 
reduce the risk of adult losses in the lower stream reaches. The Team 
expects that feasibility of passage at the Centerville Diversion Dam 
will be evaluated through the upcoming FERC relicensing process for the 
facility. We seek comment on whether these unoccupied habitat areas 
should be proposed as critical habitat.
Unit 12. Ball Mountain Subbasin (HU 5523)
    The Ball Mountain HU is located in the northwestern portion of the 
ESU and includes a portion of upper Thomes Creek. This HU encompasses 
an area of approximately 334 mi\2\ (862 km\2\) and contains three HSAs, 
only one of which is occupied primarily in the Thomes Creek watershed. 
Fish distribution and habitat use data compiled by NMFS biologists 
identify approximately 15 miles (24 km) of occupied riverine habitat in 
the single occupied HSA watershed (NMFS, 2004a). The Team concluded 
that the occupied areas in this watershed contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified rangeland management as the principal activity that may 
affect the PCEs. The Team rated this single occupied watershed as low 
in conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any occupied habitat areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 13. Shasta Bally Subbasin (HU 5524)
    The Shasta Bally HU is located in the northwestern portion of the 
ESU and includes portions of South Fork Cottonwood Creek and Beegum 
Creek. This HU encompasses an area of approximately 905 mi\2\ (2,335 
km\2\) and contains nine HSA watersheds, four of which are occupied. 
Fish distribution and habitat use data compiled by NMFS biologists 
identify approximately 50 miles (80 km) of occupied riverine habitat in 
these watersheds (NMFS, 2004a). The Team concluded that these occupied 
areas contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including forestry, rangeland management, road 
building and maintenance, water diversion for hydroelectric power 
generation, water storage for flood control, dam operations, gravel 
mining, and fish passage impediments. The Team rated one watershed as 
low in conservation value and three as high in conservation value to 
the ESU (NMFS, 2004b). The Team did not identify any unoccupied habitat 
in this subbasin that is essential for the conservation of the ESU.
Unit 14. North Diablo Range Subbasin (HU 5543)
    The North Diablo Range HU is located in the southernmost portion of 
the ESU near the Delta and includes only a small portion of the south-
central Delta. This HU encompasses an area of approximately 315 mi\2\ 
(812 km\2\) and only a single HSA which is partially occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
only approximately 4 miles (6 km) of occupied riverine or estuarine 
habitat in this HSA (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., rearing and migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including agricultural and municipal water 
withdrawals, fish passage impediments, and invasive/non-native species. 
The Team rated this single watershed as medium in conservation value 
(NMFS, 2004b). The Team did not identify any unoccupied habitat areas 
in this subbasin that may be essential for the conservation of the ESU.
Unit 15. San Joaquin Delta Subbasin (HU 5544)
    The San Joaquin Delta HU is located in the southernmost portion of 
the ESU and includes portions of the central and south Delta. This HU 
encompasses an area of approximately 628 mi\2\ (1,620 km\2\) and 
contains a single HSA watershed which is occupied. Fish distribution 
and habitat use data compiled by NMFS biologists identify approximately 
142 miles (227 km) of occupied estuarine habitat in this HSA (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including agricultural and municipal water

[[Page 71904]]

withdrawals, fish passage impediments, invasive/non-native species, and 
entrainment and flow alterations. The Team rated this single watershed 
as low in conservation value (NMFS, 2004b). The Team did not identify 
any unoccupied habitat areas in this subbasin that may be essential for 
the conservation of the ESU.
Unit 16. Suisun Bay (HU 2207), San Pablo Bay (HU 
2206) and San Francisco Bay (HU s 2203 and 2204)
    Portions of four HUs (2207, 2206, 2203, 2204) comprise the Suisun 
Bay-San Pablo-San Francisco Bay complex that is utilized by this ESU. 
These four HUs contain both estuarine habitat in the Bay complex as 
well as freshwater tributaries to the Bay complex, but only the 4 HSAs 
(HSAs: 220710, 220610, 220410, and 220312) that comprise the estuarine 
Bay complex are occupied by this ESU. These four HSAs encompass 
approximately 427 mi\2\ (1,102 km\2\) of estuarine habitat that serves 
as a rearing and migratory corridor providing connectivity between 
freshwater spawning, rearing, and migratory habitats for this ESU in 
the Sacramento-San Joaquin basin and the ocean. The Team concluded that 
these four HSAs were occupied and contained PCEs for migratory habitat 
that support this ESU, and identified management activities that may 
affect the PCEs, including agricultural and municipal water 
withdrawals, point and non-point source water pollution, diking, 
streambank stabilization activities, industrial development, invasive/
non-native species, wetland/estuary management, and habitat 
restoration. Of these occupied HSAs, the Team rated one as having low 
conservation value (220410) and three as having high 
conservation value to the ESU (NMFS, 2004b). The Team did not identify 
any unoccupied areas in the San Francisco-San Pablo-Suisun Bay complex 
that may be essential for the conservation of this ESU.

Unoccupied Habitat Outside the ESU Range That May Be Essential to 
Conservation

    The Team identified several unoccupied habitat areas in the Central 
Valley that are outside the current range of the CV spring-run chinook 
ESU, but that may be essential for its conservation. We seek comment on 
whether these unoccupied areas should be proposed as critical habitat. 
These areas are identified below:
    (1) Lower and Upper Mokelumne River. The Team concluded that 
currently unoccupied portions of the Lower Mokelumne River from its 
confluence with the San Joaquin River upstream to Comanche Dam may be 
essential for the conservation of this ESU. In addition, the Team 
concluded that inaccessible reaches of the Upper Mokelumne River above 
Comanche Dam up to Bald Rock Falls (which is 7 miles above Electra Dam) 
may be essential to the conservation of this ESU. The Mokelumne River 
historically supported large runs of spring run chinook salmon 
(Yoshiyama et al., 1995) which have been extirpated. The lower portion 
of the Mokelumne River would be essential as a migratory corridor for 
spring chinook access to the upper watershed above Comanche Dam. 
Suitable habitat exists above Comanche Dam, but it has been altered by 
Comanche and Pardee reservoirs. The Central Valley Technical Recovery 
Team identifies this as a historically independent population and 
indicates that multiple independent populations of this ESU distributed 
throughout the Central Valley may be required to recover this ESU.
    (2) Lower and Middle Stanislaus River. The Team concluded that 
currently unoccupied reaches of the Lower Stanislaus River from its 
confluence with the San Joaquin River up to Goodwin Dam may be 
essential for the conservation of this ESU. The Team also concluded 
that inaccessible habitat reaches in the Middle Stanislaus River from 
Goodwin Dam to New Melones Dam may be essential to the conservation of 
this ESU. The Stanislaus River historically supported a large 
population of spring-run chinook salmon (McEwan 1996; Yoshiyama 1996) 
which was extirpated with the construction of Goodwin Dam. The lower 
portion of the Stanislaus River would be essential as a migratory 
corridor for spring chinook access to the upper watershed above Goodwin 
Dam. Depending upon dam operations and resulting instream water 
temperatures, rearing and spawning habitat might be available in this 
lower reach. Suitable habitat exists above Goodwin Dam and fish passage 
at the Dam is thought to be feasible. The Central Valley Technical 
Recovery Team identifies this as a historically independent population 
and indicates that multiple independent populations of this ESU 
distributed throughout the Central Valley may be required to recover 
this ESU.
    (3) Lower and Middle Tuolumne River. The Team concluded that 
currently unoccupied reaches of the Lower Tuolumne River from its 
confluence with the San Joaquin River up to LaGrange Dam may be 
essential for the conservation of this ESU. The Team also concluded 
that inaccessible habitat reaches in the Middle Tuolumne River between 
LaGrange and New Don Pedro Dams may be essential to the conservation of 
this ESU. The Tuolumne River historically supported a large population 
of spring-run chinook salmon (McEwan 1996; Yoshiyama 1996) which was 
extirpated with the construction of LaGrange Dam. The lower portion of 
the Stanislaus River would be essential as a migratory corridor for 
spring chinook access to the upper watershed above LaGrange Dam. 
Depending upon dam operations and resulting instream water 
temperatures, rearing and spawning habitat might be available in this 
lower reach. Suitable habitat is thought to exist above LaGrange Dam 
for this ESU although feasibility of providing passage above the dam is 
uncertain. The Central Valley Technical Recovery Team identifies this 
as a historically independent population that is now extirpated and 
indicates that multiple independent populations of this ESU distributed 
throughout the Central Valley may be required to recover this ESU.
    (4) Lower and Middle Merced River. The Team concluded that 
currently unoccupied reaches of the Lower Merced River from its 
confluence with the San Joaquin River up to Crocker-Huffman Dam may be 
essential for the conservation of this ESU. The Team also concluded 
that inaccessible habitat reaches in the Middle Merced River between 
Crocker-Huffman and Exchequer Dams may be essential to the conservation 
of this ESU. The Merced River historically supported a large population 
of spring-run chinook salmon (Yoshiyama 1996) which was extirpated with 
the construction of Crocker-Huffman Dam. The lower portion of the 
Merced River would be essential as a migratory corridor for spring-
chinook access to the upper watershed above Crocker-Huffman Dam. 
Depending upon dam operations and resulting instream water 
temperatures, rearing and spawning habitat might be available in this 
lower reach. Suitable habitat is thought to exist above Crocker-Huffman 
Dam for this ESU although passage at the Dam is thought to be feasible 
because of its low height. The Central Valley Technical Recovery Team 
identifies this as a historically independent population that is now 
extirpated and indicates that multiple independent populations of this 
ESU distributed throughout the Central Valley may be required to 
recover this ESU.

Central Valley (CV) O. mykiss ESU

    The CV O. mykiss ESU was listed as a threatened species in 1998 (63 
FR

[[Page 71905]]

13347; March 19, 1998). The ESU includes all naturally spawned 
populations of O. mykiss in the Sacramento and San Joaquin Rivers and 
their tributaries, but excludes O. mykiss from San Francisco and San 
Pablo Bays and their tributaries. Based on an updated status review 
(NMFS 2003a) and an assessment of hatchery populations located within 
the range of the ESU (NMFS 2003b), NMFS recently proposed that the ESU 
remain listed as a threatened species (69 FR 33102; June 14, 2004). In 
addition, NMFS proposed that resident O. mykiss occurring with 
anadromous populations below impassable barriers (both natural and man 
made) and two artificially propagated populations (Coleman National 
Fish Hatchery on Battle Creek and Feather River Hatchery on the Feather 
River) also be included in the CV O. mykiss ESU. Two artificially 
propagated O. mykiss stocks reside within the historical geographic 
range of the ESU (Nimbus Fish Hatchery on the American River and 
Mokelumne River Hatchery on the Mokelumne River), but are not 
considered part of the ESU because they are derived from out-of-ESU 
broodstock (69 FR 33102; June 14, 2004). A Technical Recovery Team has 
been established for the Central Valley recovery planning domain and is 
in the process of identifying the historical and extant independent 
population structure of this ESU as well as the associated viability 
criteria for these populations.
    The Team's assessment for the CV O. mykiss ESU addressed habitat 
areas within 67 occupied watersheds or CALWATER HSAs that occur in over 
25 associated subbasins or CALWATER HUs. This assessment also included 
four HSAs that encompass the San Francisco-San Pablo-Suisun Bay complex 
which constitutes rearing and migration habitat for this ESU. This 
complex is treated as a separate unit in the following ESU description 
even though it is not a CALWATER HU. As part of its assessment, the 
Team considered the conservation value of each habitat area (or HSA) in 
the context of the productivity, spatial distribution, and diversity of 
habitat across the range of the ESU. The Team evaluated the 
conservation value of habitat areas on the basis of the physical and 
biological habitat requirements of the CV O. mykiss ESU, consistent 
with the PCEs identified for Pacific salmon and O. mykiss described 
under Methods and Criteria Used to Identify Proposed Critical Habitat.
Unit 1. Tehama Subbasin (HU 5504)
    The Tehama HU is located in the north central portion of the ESU 
and includes portions of the mainstem Sacramento River, the lower 
portions of two westside tributaries (Thomes and Stony Creeks), and the 
lower portions of three eastside tributaries (Mill Creek, Deer Creek, 
and Pine Creek). The HU encompasses an area approximately 1,119 mi\2\ 
(2,887 km\2\) and contains two HSAs, both of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 228 miles (365 km) of occupied riverine habitat in the 
occupied watersheds (NMFS, 2004a). The Team concluded that these 
occupied HSA watersheds contained one or more PCEs (i.e., spawning, 
rearing, and/or migratory habitat) and identified several management 
activities that may affect the PCEs, including agricultural and 
municipal water withdrawals, dam operations, diking activities, 
streambank stabilization for flood control, rangeland management, fish 
passage impediments, and urban development. Of the occupied HSA 
watersheds, the Team rated one as medium and one as high in 
conservation value (NMFS, 2004b). The Team did not identify any 
unoccupied areas in this subbasin that may be essential for the 
conservation of the ESU.
Unit 2. Whitmore Subbasin (HU 5507)
    The Whitmore HU is located in the north eastern portion of the ESU 
and includes portions of upper Battle Creek (North and South Forks), 
upper Bear Creek, and the Cow Creek watershed. The HU encompasses an 
area approximately 913 mi\2\ (2,355km\2\) and contains seven HSA 
watersheds, all of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 177 miles 
(283 km) of occupied riverine habitat in the occupied HSAs (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) and 
identified management activities that may affect the PCEs, including 
agricultural and municipal water withdrawals, forest management, 
rangeland management, fish passage impediments, urban development, and 
hydropower diversions. Of these seven occupied watersheds, the Team 
rated two as having low conservation value, two as medium in 
conservation value, and three as high in conservation value to the ESU 
(NMFS, 2004b). The Team did not identify any unoccupied areas in this 
subbasin that may be essential for the conservation of this ESU.
Unit 3. Redding Subbasin (HU 5508)
    The Redding HU is located in the northern most portion of the ESU 
and includes portions of the upper Sacramento River mainstem, westside 
tributaries including Cottonwood Creek (portions of both the Middle and 
South Forks) and Clear Creek, and the lower portions of several 
eastside tributaries (Cow Creek, Bear Creek, and lower Battle Creek). 
The HU encompasses an area of approximately 705 mi\2\ (1,818 km\2\) and 
contains two HSA watersheds, both of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 233 miles (373 km) of occupied riverine habitat in these 
watersheds (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) and identified management activities that may affect the PCEs, 
including dam operations and water storage for flood control, fish 
passage impediments, point and non-point source water pollution, gravel 
mining, agricultural water withdrawals, and rangeland management. The 
Team rated both occupied watersheds as having high conservation value 
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied 
areas in this subbasin that may be essential for the conservation of 
this ESU.
Unit 4. Eastern Tehama Subbasin (HU 5509)
    The Eastern Tehama HU is located in the northeastern portion of the 
ESU and includes portions of several important watersheds including 
Mill Creek, Deer Creek, Antelope Creek, and the upper portion of Big 
Chico Creek. The HU encompasses an area of approximately 896 mi\2\ 
(2,311 km\2\) and contains ten HSA watersheds, six of which are 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 151 miles (242 km) of occupied 
riverine habitat in the occupied HSAs (NMFS, 2004a). The Team concluded 
that these occupied areas contained one or more PCEs (i.e., spawning, 
rearing, or migratory habitat) for this ESU and identified management 
activities that may affect the PCEs, including forest management, 
rangeland management, fish passage impediments, road building and 
maintenance, and agricultural water withdrawals. Of the six occupied 
watersheds, the Team rated one as low, one as medium, and four as high 
in conservation value to the ESU (NMFS, 2004b).
    The Team also concluded that inaccessible stream reaches in Upper

[[Page 71906]]

Deer Creek above Upper Deer Creek Falls may be essential for the 
conservation of this ESU. Historically, O. mykiss (steelhead) had 
access to this area when conditions allowed fish to pass the falls. A 
ladder was constructed in the late 1940s but it provides poor 
attraction and passage conditions and has been closed since 2001. Deer 
Creek currently supports a population of steelhead and improved passage 
conditions into this reach would increase the amount of spawning, 
rearing and migration habitat available to the ESU. We seek comment on 
whether this unoccupied habitat area should be proposed as critical 
habitat.
Unit 5. Sacramento Delta (HU 5510)
    The Sacramento Delta HU is located in the central portion of the 
ESU and includes portion of the mainstem Sacramento River and the Deep 
Water Ship Channel. The HU encompasses an area of approximately 446 
mi\2\ (1,150km\2\) and contains a single HSA which is occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 194 miles (310 km) of occupied riverine habitat in this 
HSA (NMFS, 2004a). The Team concluded that these occupied areas 
contained one or more PCEs (i.e., spawning, rearing, or migratory 
habitat) for this ESU and identified management activities that may 
affect the PCEs, including agricultural water withdrawals, point and 
non-point source water pollution, invasive/non-native species, diking 
activities, and streambank stabilization for flood control. The Team 
rated this watershed as high in conservation value to the ESU (NMFS, 
2004b). The Team did not identify any unoccupied habitat areas in this 
subbasin that may be essential to the conservation of the ESU.
Unit 6. Valley Putah-Cache Subbasin (HU 5511)
    The Valley Putah-Cache HU is located in the southern portion of the 
Sacramento river basin includes a portion of the Yolo Bypass and 
portions of west side tributaries Putah, Ulatis, and Alamo Creeks. This 
HU encompasses an area of approximately 961 mi\2\ (2,479 km\2\) and 
contains three HSA watersheds, two of which are occupied. Portions of 
the occupied HSAs are outside the boundary of ESU and the unoccupied 
HSA is completely outside the ESU boundary. Fish distribution and 
habitat use data compiled by NMFS biologists identify approximately 83 
miles (133 km) of occupied riverine habitat in the occupied HSAs (NMFS, 
2004a). The Team concluded that the occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including urban development, impediments to fish passage, and 
agricultural water withdrawals. The Team rated both occupied watersheds 
as having medium conservation value to the ESU (NMFS, 2004b).
    Within this subbasin, the Team also concluded that unoccupied 
stream reaches in Middle Putah Creek from Solano Irrigation Dam to 
Monticello Dam may be essential to the conservation of this ESU. 
Steelhead are thought to have historically utilized the upper watershed 
above Monticello Dam. There is currently a very small opportunistic 
population of steelhead in Lower Putah Creek, but habitat conditions in 
this area are not suitable for spawning or rearing. The provision of 
fish passage past the Solano Irrigation Dam would provide access to 
suitable habitat for this ESU and efforts are currently underway to 
investigate the feasibility of providing passage beyond this dam. The 
Team concluded that this unoccupied area may be essential to 
conservation of the ESU because populations of steelhead in the Central 
Valley are constrained by the lack of accessible habitat and access to 
this area would provide cold water rearing and spawning habitat for 
this population. We seek comments on whether these unoccupied areas 
should be proposed as critical habitat.
Unit 7. American River Subbasin (HU 5514)
    The American River HU is located in the eastern portion of the ESU 
and includes portions of upper Coon Creek, Doty Creek, and Auburn 
Ravine. This HU encompasses an area of approximately 1,642 mi\2\ (4,236 
km\2\) and contains fifteen HSA watersheds, all of which are outside 
the range of the ESU, and only one of which is partially occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 20 miles of occupied riverine habitat in the occupied HSA 
(NMFS, 2004a). The Team concluded that the occupied watershed contained 
one or more PCEs (i.e., spawning, rearing, or migratory habitat) for 
this ESU and identified urban development as the primary management 
activity that may affect the PCEs. The Team rated this occupied 
watershed as having medium conservation value (NMFS, 2004b) and did not 
identify any unoccupied habitat in this subbasin that may be essential 
for the conservation of the ESU.
Unit 8. Marysville Subbasin (HU 5515)
    The Marysville HU is located in the central portion of the ESU and 
includes portions of the Feather and Yuba Rivers. This HU encompasses 
an area of approximately 417 mi\2\ (1,076 km\2\) and contains three HSA 
watersheds, all of which are occupied. Fish distribution and habitat 
use data compiled by NMFS biologists identify approximately 75 miles 
(120 km) of occupied riverine habitat in these watersheds (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including agricultural and municipal water withdrawals, point and non-
point water pollution, diking, streambank stabilization activities, dam 
operations and water storage for flood control, and fish passage 
impediments. The Team rated one occupied watershed as low in 
conservation value and two as having high conservation value to the ESU 
(NMFS, 2004b).
    The Team did not identify any unoccupied habitat areas in this 
subbasin that may be essential for the conservation of the ESU. 
However, the Team did conclude that inaccessible stream reaches in the 
adjacent subbasin (in HU 5518) which contains the Upper 
Feather River above Oroville Dam may be essential to the conservation 
of this ESU. Specifically, the Team identified the following stream 
reaches above Oroville Dam that may be essential for conservation of 
this ESU: from Oroville Dam upstream along the West Branch of the 
Feather River to the vicinity of Kimshew Falls; along the North Fork of 
the Feather River upstream of the location of Lake Almanor; along the 
East Branch of the NF Feather River including Indian Creek and Spanish 
Creek; the South Middle Fork of the Feather River, and the South Fork 
of the Feather River upstream to the first natural impassible barrier. 
Both steelhead and spring-run chinook salmon historically occurred in 
the Upper Feather River prior to Pacific Gas and Electric's 
hydroelectric development in the North Fork watershed and the 
construction of Oroville Dam. Construction of Oroville Dam extirpated 
both the steelhead and spring-run chinook populations in this upper 
watershed. The Team concluded that spawning, rearing, an migratory 
habitat is available above Oroville Dam in these inaccessible stream 
reaches, but it is in better condition for steelhead than spring-run 
chinook salmon. The feasibility of providing fish passage past

[[Page 71907]]

Oroville Dam is currently being evaluated through the ongoing FERC 
relicensing process for this facility. The Team concluded this 
inaccessible habitat may be essential for the conservation of this ESU 
because the natural production of steelhead in the lower Feather River 
is limited by the substantial lack of suitable spawning and rearing 
habitat below Oroville Dam, and access to the unoccupied habitat above 
the dam would allow for expansion of the population in this watershed.
Unit 9. Yuba River Subbasin (HU 5517)
    The Yuba River HU is located in the central and eastern portion of 
the ESU and includes part of the upper Yuba River watershed (Dry and 
Deer Creeks). This HU encompasses an area of approximately 1,436 mi\2\ 
(3,704 km\2\) and contains sixteen HSA watersheds, most of which are 
outside the recognized ESU boundary; however, four of these watersheds 
are partially occupied. Fish distribution and habitat use data compiled 
by NMFS biologists identify only approximately 22 miles (35 km) of 
occupied riverine habitat in these occupied watersheds (NMFS, 2004a). 
The Team concluded that these occupied areas contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified management activities that may affect the PCEs, including 
agricultural and municipal water withdrawals, fish passage impediments, 
and dam operations. The Team rated two of these watersheds as having 
low conservation value, and two as having high conservation value to 
the ESU (NMFS, 2004b).
    The Team concluded that inaccessible stream reaches of the Upper 
Yuba River above Englebright Dam may be essential to the conservation 
of this ESU, including those upstream reaches on the North Yuba to New 
Bullards Bar Dam, on the Middle Yuba to Milton Dam, and on the South 
Yuba to Lake Spaulding. All three forks of the Upper Yuba River 
historically supported populations of spring chinook and steelhead 
(Yoshiyama et al., 1995). The Team considered this area to be essential 
for conservation because it provides one of the largest areas of 
suitable habitat in the Central Valley that can be accessed by 
providing passage at one relatively small dam. The Lower Yuba is also 
considered to have a good ``seed'' population of both spring chinook 
and steelhead and both populations are considered relatively free of 
hatchery influence. A large, multi-million dollar study program is 
underway through the CALFED Ecological Restoration Program to evaluate 
the feasibility of restoring anadromous salmonid populations to the 
Upper Yuba River. We seek comment on whether this unoccupied habitat 
should be proposed as critical habitat.
Unit 10. Valley-American Subbasin (HU 5519)
    The Valley-American HU is located in the central-eastern portion of 
the ESU and includes portions of the American River and lower Auburn 
Ravine. This HU encompasses an area of approximately 958 mi\2\ (2,471 
km\2\) and contains four HSA watersheds, only two of which are 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 190 miles (304 km) of occupied 
riverine habitat in these watersheds (NMFS, 2004a). The Team concluded 
that these occupied areas contained one or more PCEs (i.e., spawning, 
rearing, or migratory habitat) for this ESU and identified management 
activities that may affect the PCEs, agricultural and municipal water 
withdrawals, point and non-point source water pollution, streambank 
stabilization activities, fish passage impediments, diking, urban 
development, and dam operations and water storage for flood control. 
The Team rated both occupied watersheds as having high conservation 
value to the ESU (NMFS, 2004b). The Team did not identify any 
unoccupied areas in this subbasin that may be essential to the 
conservation of the ESU.
Unit 11. Colusa Basin Subbasin (HU 5520)
    The Colusa Basin HU is located in the central portion of the ESU 
and includes portions of the mainstem Sacramento River, lower Butte 
Creek, the Butte Creek-Sutter Bypass and Little Chico Creek. This HU 
encompasses an area of approximately 2,767 mi\2\ (7,138 km\2\) and 
contains five HSA watersheds, three of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 285 miles (456 km) of occupied riverine habitat, 
including the Sutter Bypass, in the occupied watersheds (NMFS, 2004a). 
The Team concluded that these occupied areas contained one or more PCEs 
(i.e., spawning, rearing, or migratory habitat) for this ESU and 
identified management activities that may affect the PCEs, including 
agricultural water withdrawals, point and non-point water pollution, 
diking, fish passage impediments, streambank stabilization activities, 
wildlife habitat management, and invasive/non-native species 
management. The Team rated all three occupied watersheds as having high 
conservation value to the ESU (NMFS, 2004b) and did not identify any 
unoccupied habitat areas in this subbasin that may be essential to the 
conservation of the ESU.
Unit 12. Butte Creek Subbasin (HU 5521)
    The Butte Creek HU is located in the northeastern portion of the 
ESU and contains portions of Butte Creek and Little Chico Creek. This 
HU encompasses an area of approximately 207 mi\2\ (534 km\2\) and 
contains three HSA watersheds all of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
approximately 38 miles (61 km) of occupied riverine habitat in the 
occupied watersheds (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including urban development, rangeland 
management, agricultural water withdrawals, and hydroelectric water 
diversions. The Team rated two of these watersheds as having low 
conservation value and one as having high conservation value to the ESU 
(NMFS, 2004b).
    The Team also concluded that inaccessible reaches of Upper Butte 
Creek above Centerville Dam upstream to Butte Meadow may be essential 
to the conservation of this ESU. It is uncertain whether this area was 
historically used by the steelhead, but resident rainbow trout were 
historically present and still occur above Centerville Diversion Dam. 
Spawning, rearing, and migration is present and thought to be in good 
condition. The Team believed this area may be essential for 
conservation because current spring-run chinook and steelhead spawning 
in this watershed is all below an elevation of 1,000 ft. High water 
temperatures in the lower portion of Butte Creek has led to significant 
spring-run chinook pre-spawning mortalities in recent years, and the 
Team concluded that improved fish passage over the Centerville 
Diversion Dam would increase the range for both the spring run chinook 
and steelhead ESUs, as well as reduce the risk of adult losses in the 
lower stream reaches. The Team expects that feasibility of passage at 
the Centerville Diversion Dam will be evaluated through the upcoming 
FERC relicensing process for the facility. We seek comment on whether 
this unoccupied habitat area should be proposed as critical habitat.

[[Page 71908]]

Unit 13. Ball Mountain Subbasin (HU 5523)
    The Ball Mountain HU is located in the northwestern portion of the 
ESU and includes a portion of upper Thomes Creek and associated 
tributaries. This HU encompasses an area of approximately 334 mi\2\ 
(862 km\2\) and contains three HSA watersheds, only one of which is 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify approximately 41 miles (66 km) of occupied riverine 
habitat in the single occupied watersheds (NMFS, 2004a). The Team 
concluded that these occupied areas contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) for this ESU and identified 
management activities that may affect the PCEs, including rangeland 
management, forestry management, agricultural water withdrawals, and 
municipal water withdrawals. The Team rated this single occupied 
watershed as having high conservation value to the ESU (NMFS, 2004b). 
The Team did not identify any unoccupied areas in the subbasin that may 
be essential for conservation of the ESU.
Unit 14. Shasta Bally Subbasin (HU 5524)
    The Shasta Bally HU is located in the northwestern corner of the 
ESU and includes portions of SF Cottonwood Creek and Beegum Creek among 
others. This HU encompasses an area of approximately 905 mi\2\ (2,335 
km\2\) and contains nine HSA watersheds, five of which are occupied. 
Fish distribution and habitat use data compiled by NMFS biologists 
identify approximately 122 miles (195 km) of occupied riverine habitat 
in the occupied watersheds (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including forestry management, rangeland 
management, road building and maintenance, hydroelectric power water 
diversions, water storage for flood control, dam operations, gravel 
mining, and fish passage impediments. Of the occupied watersheds, the 
Team rated three as having medium conservation value and two as having 
high conservation value for the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied habitat areas in this subbasin that may be 
essential for the conservation of the ESU.
Unit 15. North Valley Floor Subbasin (HU 5531)
    The North Valley Floor HU is located in the southeastern portion of 
the ESU and includes portions of the Calaveras, Mokelumne, and Cosumnes 
Rivers. This HU encompasses an area of approximately 1,378 mi\2\ (3,555 
km\2\) and contains five HSA watersheds, three of which are occupied by 
the ESU. Fish distribution and habitat use data compiled by NMFS 
biologists identify about 190 miles (304 km) of occupied riverine 
habitat in these watersheds (NMFS, 2004a). The Team concluded that 
these occupied areas contained one or more PCEs (i.e., spawning, 
rearing, or migratory habitat) for this ESU and identified management 
activities that may affect the PCEs, including agricultural and 
municipal water withdrawals, fish passage impediments, rangeland 
management, diking, channelization, streambank stabilization 
activities, and dam operations. Of these occupied watersheds, the Team 
rated one as low in conservation value, one as having medium 
conservation value, and one as having high conservation value to the 
ESU (NMFS, 2004b).
    The Team also concluded that inaccessible stream reaches of the 
Upper Mokelumne River above Comanche Dam up to Bald Rock Falls (which 
is 7 miles above Electra Dam) may be essential to the conservation of 
this ESU, as well as spring-run chinook salmon. Portions of this 
inaccessible habitat area extend into the Middle Sierra Subbasin (HU 
5532). The Upper Mokelumne historically supported large runs 
of spring-run chinook salmon (Yoshiyama et al., 1995), and since 
steelhead and spring-run chinook use similar habitats it is assumed 
this area also supported large runs of steelhead. Suitable habitat 
exists above Comanche Dam, but it has been altered by Comanche and 
Pardee reservoirs. The Team concluded that this area may be essential 
for conservation of the ESU because steelhead have been extirpated from 
the area above the dam and recovery of this ESU may require the re-
establishment of multiple independent populations of steelhead 
throughout the Central Valley. We seek comment on whether these 
unoccupied habitat areas should be proposed as critical habitat.
Unit 16. Middle Sierra Subbasin (HU 5532)
    The Middle Sierra HU is located in the eastern portion of the ESU 
and contains portions of the upper Cosumnes River watershed. This HU 
encompasses an area of approximately 1,424 mi\2\ (3,674 km\2\) and 
contains six HSA watersheds, four of which are occupied. Fish 
distribution and habitat use data compiled by NMFS biologists identify 
only about 70 miles (112 km) of occupied riverine habitat in the 
occupied watersheds (NMFS, 2004a). The Team concluded that these 
occupied areas contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including forestry management, agricultural 
water withdrawals, rangeland management, and urban development. Of 
these occupied watersheds, the Team rated all four as having low 
conservation value to the ESU (NMFS, 2004b). As discussed for Unit 15 
(North Valley Floor Subbasin--HU 5531), inaccessible portions 
of the upper Mokelumne River which may be essential to the conservation 
of this ESU extend into this subbasin. The Team did not identify any 
other unoccupied areas in this subbasin that may be essential to the 
conservation of the ESU.
Unit 17. Upper Calavera Subbasin (HU 5533)
    The Upper Calaveras HU is located in the eastern portion of the ESU 
and contains portions of the Calaveras River. This HU encompasses an 
area of approximately 362 mi\2\ (934 km\2\) and contains three HSA 
watersheds, only one of which is occupied by the ESU. Fish distribution 
and habitat use data compiled by NMFS biologists identify only about 6 
miles of occupied riverine habitat in the HSA (NMFS, 2004a). The Team 
concluded that occupied areas in this HSA watershed contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including agricultural and municipal water withdrawals, gravel mining, 
and water storage for flood control. The Team rated this single 
occupied watershed as having high conservation value to the ESU (NMFS, 
2004b) and did not identify any unoccupied areas in this subbasin that 
may be essential for conservation.
Unit 18. Stanislaus River Subbasin (HU 5534)
    The Stanislaus River HU is located in the southeastern portion of 
the ESU and contains portions of the Stanislaus River. This HU 
encompasses an area of approximately 998 mi\2\ (2,575 km\2\ and 
contains eight HSA watersheds; however, only one is in the ESU and 
occupied. Fish distribution and habitat use data compiled by NMFS 
biologists identify only about 3 miles of occupied

[[Page 71909]]

riverine habitat in this HSA (NMFS, 2004a). The Team concluded that the 
occupied areas in this watershed contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) for this ESU and identified 
management activities that may affect the PCEs, including agricultural 
water withdrawals, fish passage impediments, dam operations, and water 
storage for flood control. The Team rated this single occupied 
watershed as having high conservation value to the ESU (NMFS, 2004b).
    Within this subbasin, the Team also concluded that inaccessible 
stream reaches in the Middle Stanislaus River from Goodwin Dam to New 
Melones Dam may be essential to the conservation of this ESU. The 
Stanislaus River historically supported a large population of spring-
run chinook salmon and because steelhead utilize similar habitats it is 
likely that this River system also supported a large population of 
steelhead. Construction of Goodwin Dam blocked access of steelhead to 
those portions of the Stanislaus River above the Dam and largely 
extirpated this population. Recently, however, dam operations have 
provided conditions that allowed a few steelhead to spawn below Goodwin 
Dam. Suitable habitat is thought to exist above Goodwin Dam for 
steelhead and fish passage is considered feasible because of its low 
height. Based on preliminary technical recovery planning for ESUs in 
the central valley, recovery of this ESU will likely require the 
establishment of multiple independent steelhead populations 
particularly in the San Joaquin portion of the central valley. We seek 
comment on whether these unoccupied areas should be proposed as 
critical habitat for this ESU.
Unit 19. San Joaquin Valley Floor Subbasin (HU 5535)
    The San Joaquin Valley Floor HU is located in the southeastern 
portion of the ESU and contains portions of the Merced, Tuolumne, and 
Stanislaus Rivers. This HU encompasses an area of approximately 1,932 
mi\2\ (4,985 km\2\) and contains nine HSA watersheds, several of which 
occur outside of or partially outside of the geographic boundary of the 
ESU. Of these watersheds, seven are occupied and fish distribution and 
habitat use data compiled by NMFS biologists identify about 159 miles 
(254 km) of occupied riverine habitat (NMFS, 2004a). The Team concluded 
that these occupied watersheds contained one or more PCEs (i.e., 
spawning, rearing, or migratory habitat) for this ESU and identified 
management activities that may affect the PCEs, including agricultural 
and municipal water withdrawals, diking, fish passage impediments, 
streambank stabilization activities, and urban development. Of these 
occupied watersheds, the Team rated three as having medium conservation 
value and four as having high conservation value to the ESU (NMFS, 
2004b).
    Within this subbasin, the Team also concluded that inaccessible 
stream reaches in the Middle Tuolumne River (between LaGrange and New 
Don Pedro Dams) and the Middle Merced River (between Crocker-Huffman 
and Exchequer Dams) may be essential to the conservation of this ESU. 
Both rivers historically supported large populations of spring-run 
chinook salmon and because steelhead utilize similar habitat it is 
likely that these rivers also supported large populations of steelhead. 
Although current central valley steelhead populations are considered 
winter-run, habitat conditions in most San Joaquin basins, including 
the Tuolumne and Merced, may have historically supported summer 
steelhead (McEwan, 1996; Yoshiyama, 1996). With construction of 
LaGrange and Crocker-Huffman Dams, spring-chinook in both basins were 
extirpated, and most likely steelhead as well. Although steelhead 
cannot access the upper watersheds in the Tuolumne and Merced Rivers, 
dam operations in both watersheds have provided conditions allowing 
steelhead to spawn downstream of LaGrange and Crocker-Huffman Dams. The 
Team believes that suitable habitat conditions exist above LaGrange and 
Crocker-Huffman Dams and that there may be opportunities to provide 
fish passage at each facility. Based on preliminary technical recovery 
planning for ESUs in the central valley, it is likely that recovery of 
this ESU will require the establishment of multiple independent 
steelhead populations particularly in the San Joaquin portion of the 
central valley. We seek comment on whether these unoccupied areas 
should be proposed as critical habitat for this ESU.
Units 20 (Tuolumne River; HU 5536) and 21 (Merced River; HU 
5537)
    The Tuolumne River and Merced River HUs contain portions of the 
upper Tuolumne and Merced Rivers that are mostly or entirely outside 
the range of the ESU. These HUs contain eighteen HSA watersheds and 
over 2,800 miles (4,480 km) of streams (at 1:100,000 hydrography), but 
all are unoccupied by the ESU. The Team did not identify any areas in 
these subbasins that may be essential for the conservation of the ESU, 
and therefore, they were not considered further in the critical habitat 
designation process.
Unit 22. Delta-Mendota Canal Subbasin (HU 5541)
    The Delta-Mendota Canal HU is located in the southernmost portion 
of the ESU and contains portions of the Delta-Mendota Canal. This HU 
encompasses an area of approximately 1,220 mi\2\ (3,148 km\2\) and 
contains two HSAs, both of which are occupied. Fish distribution and 
habitat use data compiled by NMFS biologists identify only about 50 
miles of occupied riverine habitat in these HSA watersheds (NMFS, 
2004a). The Team concluded that these occupied areas contained one or 
more PCEs (i.e., spawning, rearing, or migratory habitat) for this ESU 
and identified management activities that may affect the PCEs, 
including agricultural and municipal water withdrawals, invasive/non-
native species management, urban development, dredging, and point and 
non-point source water pollution. The Team rated these occupied 
watersheds as having medium and high conservation value, respectively, 
to the ESU (NMFS, 2004b). The Team did not identify any unoccupied 
areas in this subbasin that may be essential for the conservation of 
the ESU.
Unit 23. Middle West Side Subbasin (HU 5542)
    The Middle West Side Subbasin is located in the southwestern 
portion of the ESU in the San Joaquin basin. The HU contains four HSAs 
and approximately 509 miles (814 km) of streams (at 1:100,000 
hydrography), but all are unoccupied by the ESU. The Team did not 
identify any habitat areas in this subbasin that may be essential for 
the conservation of the ESU, and therefore, they were not considered 
further in the critical habitat designation process.
Unit 24. North Diablo Range (HU 5543)
    The North Diablo Range HU is located in the southwestern portion of 
the ESU in the south Delta. This HU encompasses an area of 
approximately 315 mi\2\ (812 km\2\) and contains only a single HSA 
which is partially occupied. Fish distribution and habitat use data 
compiled by NMFS biologists identify only approximately 4 miles of 
occupied riverine/estuarine habitat in this HSA (NMFS, 2004a). The Team 
concluded the occupied areas in this HSA contained one or more PCEs 
(i.e. spawning, rearing, or migratory habitat) for this ESU and 
identified management activities that may affect the PCEs, including 
agricultural and water

[[Page 71910]]

withdrawals, point and non-point source water pollution, and invasive/
non-native species management. The Team rated this watershed as having 
medium conservation value to the ESU (NMFS, 2004b), and did not 
identify any unoccupied areas that may be essential to the conservation 
of the ESU.
Unit 25. San Joaquin Delta Subbasin (HU 5544)
    The San Joaquin Delta HU is located in the southwestern portion of 
the ESU and includes portions of the south and central Delta channel 
complex. This HU encompasses an area of approximately 628 mi\2\ (1,620 
km\2\) and contains a single HSA which is occupied. Fish distribution 
and habitat use data compiled by NMFS biologists identify approximately 
276 miles (442 km) of occupied riverine and/or estuarine habitat in 
this HSA (NMFS, 2004a). The Team concluded that the occupied areas in 
this HSA contained one or more PCEs (i.e., spawning, rearing, or 
migratory habitat) for this ESU and identified management activities 
that may affect the PCEs, including agricultural water and municipal 
water withdrawals, entrainment associated with water diversions, 
invasive/non-native species management, and point and non-point source 
water pollution. The Team rated this HSA as having high conservation 
value to the ESU (NMFS, 2004b). The Team did not identify any 
unoccupied habitat areas in this subbasin that may be essential for the 
conservation of this ESU.
Unit 26. Suisun Bay (HU 2207), San Pablo Bay (HU 
2206) and San Francisco Bay (HU s 2203 and 2204)
    Portions of four HUs (2207, 2206, 2203, 2204) comprise the Suisun 
Bay-San Pablo-San Francisco Bay complex that is utilized by this ESU. 
These four HUs contain both estuarine habitat in the Bay complex as 
well as freshwater tributaries to the Bay complex, but only the 4 HSAs 
(HSAs: 220710, 220610, 220410, and 220312) that comprise the Bay 
complex are occupied by this ESU. These four HSAs encompass 
approximately 427 mi\2\ (1,102 km\2\) of estuarine habitat that serves 
as a rearing and migratory corridor providing connectivity between 
freshwater spawning, rearing, and migratory habitats for this ESU in 
the Sacramento-San Joaquin basin and the ocean. Collectively, these 
HSAs encompass an area of approximately 427 mi\2\ (1,102 km\2\). The 
Team concluded that these four HSAs were occupied and contained PCEs 
for migratory habitat that support this ESU, and identified management 
activities that may affect the PCEs, including agricultural and 
municipal water withdrawals, point and non-point source water 
pollution, diking, streambank stabilization activities, industrial 
development, invasive/non-native species, wetland/estuary management, 
and habitat restoration. Of these occupied HSAs, the Team rated one as 
having low conservation value (220410) and three as having 
high conservation value to the ESU (NMFS, 2004b). The Team did not 
identify any unoccupied areas that may be essential for the 
conservation as critical habitat for this ESU.

Application of ESA Section 4(b)(2)

    The foregoing discussion describes those areas that are eligible 
for designation as critical habitat--the specific areas that fall 
within the ESA section 3(5)(A) definition of critical habitat, minus 
those lands owned or controlled by the DOD, or designated for its use, 
that are covered by an INRMP that we have determined in writing 
provides a benefit to the species. The application of section 4(b)(2) 
was a major concern of those commenting on the ANPR (68 FR 55926; 
September 29, 2003). Many commenters requested that we describe the 
process used--in particular the economic analysis--as part of our 
proposed rulemaking.
    Specific areas eligible for designation are not automatically 
designated as critical habitat. Section 4(b)(2) of the ESA requires 
that the Secretary first considers the economic impact, impact on 
national security, and any other relevant impact. The Secretary has the 
discretion to exclude an area from designation if he determines the 
benefits of exclusion (that is, avoiding the impact that would result 
from designation), outweigh the benefits of designation. The Secretary 
may not exclude an area from designation if exclusion will result in 
the extinction of the species. Because the authority to exclude is 
discretionary, exclusion is not required for any areas.
    In this proposed rule, the Secretary has applied his statutory 
discretion to exclude areas from critical habitat for several different 
reasons. To be consistent, we used CALWATER HSAs or watersheds for ESUs 
in California as the unit for exclusion in each case. However, the 
agency is asking for public comment on whether considering exclusions 
on a stream-by-stream approach would be more appropriate.

Impacts to Tribes

    We believe there is very little benefit to designating critical 
habitat on Indian lands. Although there is a broad array of activities 
on Indian lands that may trigger section 7 consultation, Indian lands 
comprise only a minor portion (substantially less than 1 percent) of 
the total habitat under consideration for these seven California ESUs. 
Specifically, occupied stream reaches on Indian lands only occur within 
the range of the California Coastal chinook, Northern California O. 
mykiss, and Central California Coast O. mykiss ESUs, and these areas 
represent less than 0.1 percent of the total occupied habitat under 
consideration for these three ESUs. Based on our analysis, the 
remaining four ESUs did not contain any Indian lands that overlapped 
with occupied stream habitat. These percentages are likely 
overestimates as they include all habitat area within reservation 
boundaries.
    There are several benefits to excluding Indian lands. The 
longstanding and distinctive relationship between the Federal and 
tribal governments is defined by treaties, statutes, executive orders, 
judicial decisions, and agreements, which differentiate tribal 
governments from the other entities that deal with, or are affected by, 
the Federal government. This relationship has given rise to a special 
Federal trust responsibility involving the legal responsibilities and 
obligations of the United States toward Indian Tribes and the 
application of fiduciary standards of due care with respect to Indian 
lands, tribal trust resources, and the exercise of tribal rights. 
Pursuant to these authorities lands have been retained by Indian Tribes 
or have been set aside for tribal use. These lands are managed by 
Indian Tribes in accordance with tribal goals and objectives within the 
framework of applicable treaties and laws.
    In addition to the distinctive trust relationship for Pacific 
salmon in California and in the Northwest, there is a unique 
partnership between the Federal government and Indian tribes regarding 
salmon management. Indian tribes in California and the Northwest are 
regarded as ``co-managers'' of the salmon resource, along with Federal 
and state managers. This co-management relationship evolved as a result 
of numerous court decisions clarifying the tribes' treaty right to take 
fish in their usual and accustomed places.
    The benefits of excluding Indian lands from designation include: 
(1) The furtherance of established national policies, our Federal trust 
obligations and our deference to the tribes in management of natural 
resources on their lands; (2) the maintenance of effective long-term 
working relationships to promote the conservation of salmonids on an

[[Page 71911]]

ecosystem-wide basis; (3) the allowance for continued meaningful 
collaboration and cooperation in scientific work to learn more about 
the conservation needs of the species on an ecosystem-wide basis; and 
(4) continued respect for tribal sovereignty over management of natural 
resources on Indian lands through established tribal natural resource 
programs.
    We believe that the current co-manager process addressing 
activities on an ecosystem-wide basis across three states is currently 
beneficial for the conservation of the salmonids. Because the co-
manager process provides for coordinated ongoing focused action through 
a variety of forums, we find the benefits of this process to be greater 
than the benefits of applying ESA section 7 to Federal activities on 
Indian lands, which comprise much less than one percent of the total 
area under consideration for these ESUs. Additionally, we have 
determined that the exclusion of tribal lands will not result in the 
extinction of the species concerned. We also believe that maintenance 
of our current co-manager relationship consistent with existing 
policies is an important benefit to continuance of our tribal trust 
responsibilities and relationship. Based upon our consultation with the 
Round Valley Indian Tribes and the Bureau of Indian Affairs (BIA), we 
believe that designation of Indian lands as critical habitat would 
adversely impact our working relationship and the benefits resulting 
from this relationship.
    Based upon these considerations, we have determined to exercise 
agency discretion under ESA section 4(b)(2) and propose to exclude 
Indian lands from the eligible critical habitat designation for these 
ESUs of salmonids. The Indian lands specifically excluded from critical 
habitat are those defined in the Secretarial Order, including: (1) 
Lands held in trust by the United States for the benefit of any Indian 
tribe; (2) land held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation; (3) fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and (4) fee lands within 
the reservation boundaries owned by individual Indians. The Indian 
tribes for which these exclusions apply in California include: Big 
Lagoon Reservation, Blue Lake Rancheria, Round Valley Indian Tribes, 
Laytonville Rancheria, Redwood Valley Rancheria, Coyote Valley 
Reservation, and Manchester--Point Arena Rancheria.

Impacts to National Security

    As noted previously (see Military Lands section) the U.S. Marine 
Corps provided comments in response to the ANPR (68 FR 55926; September 
29, 2003) regarding their INRMP for Camp Pendleton Marine Corps Base 
and potential impacts to national security for this facility, which is 
within the range of the southern California O. mykiss ESU. By letter, 
NMFS subsequently provided the DOD with information about the areas we 
were considering to designate as critical habitat for the seven ESUs in 
California (as well as the 13 ESUs in the Pacific Northwest) and, in 
addition to a request for information about DOD's INRMPs, requested 
information about potential impacts to national security as a result of 
any critical habitat designation. In response to the request concerning 
national security impacts, Camp Pendleton Marine Corps Base and the 
Vandenberg Air Force Base provided detailed information on such 
impacts. Both military agencies concluded that critical habitat 
designation at either of these sites would likely impact national 
security by diminishing military readiness. The possible impacts 
include: (1) Preventing, restricting, or delaying training or testing 
exercises or access to such sites; (2) restricting or delaying 
activities associated with space launches; (3) delaying response times 
for troop deployments and overall operations; and (4) creating 
uncertainties regarding ESA consultation (e.g., reinitiation 
requirements) or imposing compliance conditions that would divert 
military resources. Also, both military agencies cited their ongoing 
and positive consultation history with NMFS and underscored cases where 
they are implementing best management practices to reduce impacts on 
listed salmonids.
    The Teams assessing conservation values for the overlap areas of 
habitat and Camp Pendleton and Vandenberg AFB concluded that all of 
them were of high conservation value to the respective ESUs. The 
overlap areas, however, are a small percentage of the total area for 
the affected ESUs. Designating habitat on these two installations will 
likely reduce the readiness capability of the Marine Corps and the Air 
Force, both of which are actively engaged in training, maintaining, and 
deploying forces in the current war on terrorism. Therefore, we 
conclude that the benefits of exclusion outweigh the benefits of 
designation, and we are not proposing to designate these DoD sites as 
critical habitat.
    We anticipate working with DOD to obtain and review any additional 
information regarding national security impacts to other military 
installations before issuing a final critical habitat designation for 
the seven ESUs that are the subject of this proposed rulemaking. We 
will analyze any information we receive and prepare findings that will 
be made available for public review and comment through a notice of 
availability in the Federal Register.

Other Potential Exclusions

    As discussed above, in 2001 the Tenth Circuit issued a ruling in 
NMCA, which criticized the historic approach that FWS and NMFS had 
taken towards the economic analysis required in the critical habitat 
designation process. As a result of this ruling, both agencies engaged 
in a long-term process of reevaluating existing critical habitat 
designations consistent with the Tenth Circuit's ruling. NMFS's 
critical habitat designations for steelhead and salmon ESUs and FWS's 
designations for bull trout are the first to fully evaluate the 
economic impacts of the designations for aquatic species on a broad 
landscape scale. As a result, many of the critical issues faced by the 
two agencies are issues of first impression.
    On October 6, 2004, the FWS issued a final rule designating 
critical habitat for the bull trout, a species in many respects co-
extensive in distribution with listed salmon and steelhead ESUs in the 
Pacific Northwest. Necessarily, the FWS had to make determinations on 
many of these novel issues. The Secretary of the Interior found that a 
number of conservation measures designed to protect salmon and 
steelhead on Federal, state, tribal and private lands would also have 
significant beneficial impacts to bulltrout. Therefore, the Secretary 
of the Interior determined that the benefits of excluding those areas 
exceeded the benefits of including those areas as critical habitat.
    The Secretary of Commerce has reviewed the bull trout rule and has 
recognized the merits of the approach taken by the Secretary of the 
Interior with these emerging issues. As a result, the Secretary of 
Commerce is considering the following exclusions because the benefits 
of exclusion may outweigh the benefits of inclusion and expects the 
final rule will include some or all of these exclusions. However, given 
the time constraints associated with this rule making and the broader 
geographic range of the potential salmon and steelhead designations in 
California and the Pacific Northwest, the Secretary of Commerce has not 
had an

[[Page 71912]]

opportunity to fully evaluate all of the potential exclusions, the 
geographical extent of such exclusions, or compare the benefits of 
these exclusions to the benefits of inclusion. As a result, the 
proposed designations included in this rule generally represent an 
upper bound to the area that the Secretary is considering designating 
as critical habitat and do not include the following additional 
exclusions that the Secretary is considering:
    A set of exclusions based on existing land management plans adopted 
and currently implemented by Federal agencies within the relevant 
geographic area: These plans are the Northwest Forest Plan, PACFISH and 
INFISH which are implemented by the U.S. Forest Service (USFS) and the 
Bureau of Land Management (BLM) in parts of California and the Pacific 
Northwest. The Secretary is considering excluding from critical habitat 
all Federal lands subject to these plans. We may make these exclusions 
on a fifth field watershed basis or a stream-by-stream basis and we 
invite comment on the appropriate method. Each of these plans is 
designed to provide very substantial conservation benefits to salmonid 
species including areas occupied by each of the seven California ESUs, 
while permitting provision of other multiple uses on those Federal 
lands to the extent compatible with the provisions of the plan. 
Imposing an overlay of critical habitat in these areas could threaten 
the provision of the other multiple used contemplated by these plans 
and potentially impede vital land restoration activities while 
potentially offering a negligible conservation benefit in light of the 
other existing conservation measures provided by the plans. The threat 
to forest restoration activities (forest thinning and brush clearing to 
reduce catastrophic fire risks), economic activities (e.g. grazing and 
timber production) and recreational uses on public lands may outweigh 
the benefit of a critical habitat designation in these areas.
    Federal land managed by the Forest Service and BLM constitutes a 
relatively lesser proportion of the land ownership within the range of 
the seven California ESUs (4-25 percent) compared with private land 
(71-88 percent). However, the estimated annualized economic impacts 
attributable to section 7 consultations on Federal land management 
activities comprise a disproportionately large portion of the total 
annual costs for several of the California ESUs. This relationship is 
most pronounced for the California Coastal chinook and Northern 
California O. mykiss ESUs. For example, Federal lands comprise only 16 
percent of the land ownership within the California Coastal chinook 
ESU, but approximately 77 percent of the annualized section 7 economic 
impacts are attributable to Federal land management. Similarly, Federal 
lands comprise only 18 percent of the land ownership within the 
Northern California O. mykiss ESU, but approximately 87 percent of the 
annualized section 7 economic impacts are attributable to Federal land 
management. Section 7 related economic impacts associated with Federal 
land management also constitute a significant portion of the total 
annual economic impact for the South-Central California Coast O. mykiss 
(44 percent) and Southern California O. mykiss (69 percent) ESUs.
    An exclusion of areas covered by conservation commitments by state 
and private landowners: Another set of exclusions is based on 
conservation commitments by state and private landowners reflected in 
habitat conservation plans (HCPs) and cooperative agreements approved 
by NMFS. In California, we have not identified any state conservation 
commitments that would apply, but seek public comment on this issue. 
With regard to private lands, however, the HCP adopted by the Pacific 
Lumber Company would constitute such a commitment. Lands managed under 
the existing Pacific Lumber Company HCP are relatively limited in 
comparison to the broad geographic area addressed in this rulemaking, 
but do occur within the geographic range of the California Coastal 
chinook and Northern California O. mykiss ESUs. Several other HCPs are 
under development in California, but they have not yet been adopted and 
therefore their conservation benefits are uncertain.
    An exclusion for intermingled lands: If a large part of a watershed 
is determined to warrant exclusion, the Secretary is considering 
excluding the entire watershed. For example, if a large proportion of a 
watershed consists of Federal land to be excluded based on an existing 
management plan, the entire watershed could be excluded. There may be 
little policy justification for designating non-Federal lands as 
critical habitat in a watershed dominated by excluded Federal lands. As 
noted above, Federal lands do not constitute a large portion of the 
land ownership in any of the seven California ESUs under consideration. 
However, there are areas within the range of each of the ESUs where 
Federal lands are more concentrated and intermingled non-Federal lands 
occur to a limited extent. Such conditions occur mainly in specific 
watersheds within the range of the California Coastal chinook, Northern 
California O. mykiss, South-Central California Coast O. mykiss, and 
Southern California O. mykiss ESUs.
    Accordingly, NMFS specifically asks for public comment on the 
categories of exclusions discussed above. Specifically, NMFS requests 
comment on the benefits of excluding:
    (1) Other Federal lands subject to protective management provisions 
for salmonids (e.g., the Aquatic Conservation Strategy of the Northwest 
Forest Plan, PACFISH, or INFISH);
    (2) Other state, tribal, or private lands subject to (or planned to 
receive) other forms of protective management for salmonids (e.g., 
private land HCPs, State of California Forest Practices Act lands); and
    (3) Other state, tribal, or private lands within watersheds 
containing a large proportion of Federal, state, tribal or private 
lands already subject to protective management measures.

Exclusions Primarily Based on Economic Impacts

    In this exercise of discretion, the first issue we must address is 
the scope of impacts relevant to the 4(b)(2) evaluation. As discussed 
in the Previous Federal Action section, we are re-designating critical 
habitat for these seven ESUs in California because the previous 
designations were vacated. (National Association of Homebuilders v. 
Evans, 2002 WL 1205743 No. 00-CV-2799 (D.D.C.) (NAHB)). The NAHB Court 
had agreed with the reasoning of the Court of Appeals for the Tenth 
Circuit in New Mexico Cattle Growers Association v. U.S. Fish and 
Wildlife Service, 248 F.3d 1277 (10th Cir. 2001). In that decision, the 
Tenth Circuit stated ``[t]he statutory language is plain in requiring 
some kind of consideration of economic impact in the critical habitat 
designation phase.'' The Tenth Circuit concluded that, given the FWS' 
failure to distinguish between ``adverse modification'' and 
``jeopardy'' in its 4(b)(2) analysis, the FWS must analyze the full 
impacts of critical habitat designation, regardless of whether those 
impacts are co-extensive with other impacts (such as the impact of the 
jeopardy requirement).
    In re-designating critical habitat for these seven salmon and O. 
mykiss ESUs, we have followed the Tenth Circuit Court's directive 
regarding the statutory requirement to consider the economic impact of 
designation. Areas designated as critical habitat are subject to ESA 
section 7 requirements, which provide that Federal agencies ensure that 
their actions are not likely to destroy or

[[Page 71913]]

adversely modify critical habitat. To evaluate the economic impact of 
critical habitat we first examined our voluminous section 7 
consultation record for these as well as other ESUs of salmon. That 
record includes consultations on habitat-modifying Federal actions both 
where critical habitat has been designated and where it has not. We 
could not discern a distinction between the impacts of applying the 
jeopardy provision versus the adverse modification provision in 
occupied critical habitat. Given our inability to detect a measurable 
difference between the impacts of applying these two provisions, the 
only reasonable alternative was to follow the recommendation of the 
Tenth Circuit, approved by the NAHB court--to measure the co-extensive 
impacts; that is, measure the entire impact of applying the adverse 
modification provision of section 7, regardless of whether the jeopardy 
provision alone would result in the identical impact.
    The Tenth Circuit's opinion only addressed ESA section 4(b)(2)'s 
requirement that economic impacts be considered. The Court did not 
address how ``other relevant impacts'' were to be considered, nor did 
it address the benefits of designation. Because section 4(b)(2) 
requires a consideration of other relevant impacts of designation, and 
the benefits of designation, and because our record did not support a 
distinction between impacts resulting from application of the adverse 
modification provision versus the jeopardy provision, we are uniformly 
considering coextensive impacts and coextensive benefits, without 
attempting to distinguish the benefit of a critical habitat 
consultation from the benefit that would otherwise result from a 
jeopardy consultation that would occur even if critical habitat were 
not designated. To do otherwise would distort the balancing test 
contemplated by section 4(b)(2).
    The principal benefit of designating critical habitat is that 
Federal activities that may affect such habitat are subject to 
consultation pursuant to section 7 of the ESA. Such consultation 
requires every Federal agency to ensure that any action it authorizes, 
funds or carries out is not likely to result in the destruction or 
adverse modification of critical habitat. This complements the section 
7 provision that Federal agencies ensure that their actions are not 
likely to jeopardize the continued existence of a listed species. 
Another benefit is that the designation of critical habitat can serve 
to educate the public regarding the potential conservation value of an 
area, and thereby, focus and contribute to conservation efforts by 
clearly delineating areas of high conservation value for certain 
species. It is unknown to what extent this process actually occurs and 
what the actual benefit is, as there are also concerns, noted above, 
that a critical habitat designation may discourage such conservation 
efforts.
    The balancing test in section 4(b)(2) contemplates weighing 
benefits that are not directly comparable--the benefit to species 
conservation balanced against the economic benefit, benefit to national 
security, or other relevant benefit that results if an area is excluded 
from designation. Section 4(b)(2) does not specify a method for the 
weighing process. Agencies are frequently required to balance benefits 
of regulations against impacts; Executive Order 12866 established this 
requirement for Federal agency regulation. Ideally such a balancing 
would involve first translating the benefits and impacts into a common 
metric. Executive branch guidance from the Office of Management and 
Budget (OMB) suggests that benefits should first be monetized (i.e., 
converted into dollars). Benefits that cannot be monetized should be 
quantified (for example, numbers of fish saved). Where benefits can 
neither be monetized nor quantified, agencies are to describe the 
expected benefits (OMB, Circular A-4, September 17, 2003 (OMB, 2003)).
    It may be possible to monetize benefits of critical habitat 
designation for a threatened or endangered species in terms of 
willingness-to-pay (OMB, 2003). However, we are not aware of any 
available data that would support such an analysis for salmon. The 
short statutory time-frames, geographic scale of the designations under 
consideration, and the statute's requirement to use best ``available'' 
information suggests such a costly and time-consuming approach is not 
currently available. In addition, ESA section 4(b)(2) requires analysis 
of impacts other than economic impacts that are equally difficult to 
monetize, such as benefits to national security of excluding areas from 
critical habitat. In the case of salmon designations, impacts to Indian 
tribes are an ``other relevant impact'' that also may be difficult to 
monetize.
    An alternative approach, approved by OMB, is to conduct a cost-
effectiveness analysis. A cost-effectiveness analysis ideally first 
involves quantifying benefits, for example, percent reduction in 
extinction risk, percent increase in productivity, or increase in 
numbers of fish. Given the state of the science, it would be difficult 
to reliably quantify the benefits of including particular areas in the 
critical habitat designation. Although it is difficult to monetize or 
quantify benefits of critical habitat designation, it is possible to 
differentiate among habitat areas based on their relative contribution 
to conservation. For example, habitat areas can be rated as having a 
high, medium or low conservation value. The qualitative ordinal 
evaluations can then be combined with estimates of the economic costs 
of critical habitat designation in a framework that essentially adopts 
that of cost-effectiveness. Individual habitat areas can then be 
assessed using both their biological evaluation and economic cost, so 
that areas with high conservation value and lower economic cost might 
be considered to have a higher priority for designation while areas 
with a low conservation value and higher economic cost might have a 
higher priority for exclusion. While this approach can provide useful 
information to the decision-maker, there is not rigid formula through 
which this information translates into exclusion decisions. Every 
geographical area containing habitat eligible for designation is 
different, with a unique set of ``relevant impacts'' that may be 
considered in the exclusion process. Regardless of the analytical 
approach, section 4(b)(2) makes clear that what weight the agency gives 
various impacts and benefits, and whether the agency excludes areas 
from the designation, is discretionary.

Assessment of Economic Impacts

    Assessment of economic impact generated considerable interest from 
commenters on the ANPR (68 FR 55926; September 29, 2003). A number of 
commenters requested that we make the economic analysis available as 
part of the proposed rulemaking, and some identified key considerations 
(e.g., sector-specific impacts, direct and indirect costs, ecological 
services/benefits) that they believed must be taken into account. In a 
draft report, we have documented our conclusions regarding the economic 
impacts of designating each of the particular areas found to meet the 
definition of critical habitat for the seven ESUs addressed in this 
rulemaking (NMFS, 2004c). This report is available from NMFS (see 
ADDRESSES).
    The first step was to identify existing legal and regulatory 
constraints on economic activity that are independent of critical 
habitat designation, such as Clean Water Act requirements. Coextensive 
impacts of the ESA section 7 requirement to avoid jeopardy were not 
considered part of the baseline. Given the uncertainty that existing

[[Page 71914]]

critical habitat designations in California (i.e., Sacramento River 
winter run chinook salmon, Central California Coast coho salmon, and 
Southern Oregon/Northern California coho salmon ESUs) will remain in 
place in their current configuration, we decided not to consider them.
    Next, from the consultation record, we identified Federal 
activities that might affect habitat and that might result in a section 
7 consultation. (We did not consider Federal actions, such as the 
approval of a fishery, that might affect the species directly but not 
affect its habitat.) We identified nine types of activities including: 
hydropower dams; non-hydropower dams and other water supply structures; 
Federal lands management, including grazing (considered separately); 
transportation projects; utility line projects; in-stream activities, 
including dredging (considered separately); activities permitted under 
Environmental Protection Agency's (EPA) National Pollution Discharge 
Elimination System; sand & gravel mining; and residential and 
commercial development. Based on our consultation record and other 
available information, we determined the modifications each type of 
activity was likely to undergo as a result of section 7 consultation 
(regardless of whether the modification might be required by the 
jeopardy or the adverse modification provision). We developed an 
expected direct cost for each type of action and projected the likely 
occurrence of each type of project in each watershed, using existing 
spatial databases (e.g., the Corps 404(d) permit database). Finally, we 
aggregated the costs from the various types of actions and estimated an 
annual impact, taking into account the probability of consultation 
occurring and the likely rate of occurrence of that project type.
    This analysis allowed us to estimate the coextensive economic 
impact of designating each ``particular area'' that was occupied by 
each ESU (i.e. each occupied CALWATER HSA watershed). Expected economic 
impacts from this analysis ranged from zero to several million dollars 
per occupied habitat area within the range of the seven ESUs addressed 
in this rulemaking. Where a watershed included both tributaries and a 
migration corridor that served other watersheds, we attempted to 
estimate the separate impacts of designating the tributaries and the 
migration corridor. We did this by identifying those categories of 
activities most likely to affect tributaries and those most likely to 
affect larger migration corridors.
    Because of the methods we selected and the data limitations, 
portions of our analysis both under- and over-estimate the co-extensive 
economic impact of section 7 requirements. For example, we lacked data 
on the likely impact on flows at non-Federal hydropower projects, which 
would increase economic impacts. We also did not have sufficient 
information currently available allowing us to estimate the likely 
economic impact of a judicially-imposed ban on pesticide use near 
salmon-bearing streams. The EPA was recently enjoined from authorizing 
the application of a set of pesticides within a certain distance of 
``salmon supporting waters.'' We have completed a preliminary analysis 
of these impacts at the ESU level (NMFS, 2004c). Because of existing 
data limitations of the preliminary nature of the analysis, we 
determined not to use these estimates in the proposed designations. 
However, we believe the information presented in this preliminary 
consideration will aid public comment and assist in the development of 
a more complete examination of these impacts for the final rule. 
Finally, we did not have information about potential changes in 
irrigation flows associated with section 7 consultations. These impacts 
would increase the estimate of co-extensive costs. On the other hand, 
we estimated an impact on all activities occurring within the 
geographic boundaries of a watershed, even though in some cases 
activities would be far removed from occupied stream reaches and so 
might not require modification or even consultation. We intend to 
pursue information prior to issuing a final rule that will allow us to 
refine our estimates of economic impacts and better inform our analysis 
under section 4(b)(2).
    In addition, we had no information on the costs of critical habitat 
designation that occur outside the section 7 consultation process, 
including costs resulting from state or local regulatory burdens 
imposed on developers and landowners as a result of a Federal critical 
habitat designation. We solicit information on these subjects during 
the public comment period.

Exclusion Process

    In determining whether the economic benefit of excluding a habitat 
area (that is, an HSA watershed) might outweigh the benefit of 
designation to the species, we took into consideration a cost-
effectiveness approach giving priority to excluding habitat areas with 
a relatively lower benefit of designation and a relatively higher 
economic impact. We believe it is reasonable at this stage of the 
analysis to assume that all areas containing physical or biological 
features essential to the conservation of the species are essential to 
the conservation of the species.
    The circumstances of most listed ESUs can make a cost-effectiveness 
approach useful. Pacific salmon are wide-ranging species and occupy 
numerous habitat areas with thousands of stream miles. Not all occupied 
areas, however, are of equal importance to conserving an ESU. Within 
the currently occupied range there are areas that support highly 
productive populations, areas that support less productive populations, 
and areas that support production in only some years. Some populations 
within an ESU may be more important to long-term conservation of the 
ESU than other populations. Therefore, in many cases it may be possible 
to construct different scenarios for achieving conservation. Scenarios 
might have more or less certainty of achieving conservation, and more 
or less economic impact. Future applications of this methodology will 
strive to better distinguish the relative conservation value of habitat 
areas (i.e. HSA watersheds) eligible for designation, which should 
improve the utility of this approach.
    We attempted to consider the effect of excluding areas, either 
alone or in combination with other areas, on the opportunities for 
conservation of the ESUs. We preferred exclusions in areas with a lower 
conservation value to those with a high conservation value. We also 
recognize that in practice a large proportion of all watersheds 
received a ``high'' conservation rating, making it difficult to 
establish priorities within that subgroup. In the second step of the 
process, we asked the Teams whether excluding any of the habitat areas 
identified in the first step would significantly impede conservation, 
recognizing that the breadth of available conservation measures makes 
such judgements necessarily subjective. The Teams considered this 
question in the context of all of the areas eligible for exclusion as 
well as the information they had developed in providing the initial 
conservation ratings. The following section describes the results of 
applying this process to each ESU. The results are discussed in greater 
detail in a separate report that is available for public review and 
comment (NMFS, 2004d). While the possible effect on conservation was 
useful information, it was not determinative in deciding whether to 
propose the exclusion of an area. The only determinative limitation is 
the statutory bar on excluding any area that ``will result in the 
extinction of the species concerned.''

[[Page 71915]]

Critical Habitat Designation

    Not including any of the additional categories of potential 
exclusions identified above, we are proposing to designate 
approximately 11,668 mi (18,669 km) of riverine habitat and 947 mi\2\ 
(2,444 km\2\) of estuarine habitat within the geographical areas 
presently occupied by the seven ESUs (Table 2). This proposal excludes 
approximately 1,109 mi (1,774 km) of occupied riverine habitat as a 
result of economic considerations, 36 mi (22 km) of occupied riverine 
habitat on Tribal lands, and 41 mi (66 km) of occupied riverine habitat 
on DOD lands. In addition, the proposal excludes approximately 229 
mi\2\ (591 km\2\) of estuarine habitat in San Francisco Bay. Some of 
these areas proposed for designation or exclusion overlap substantially 
with two or more ESUs. For example, the CC chinook and NC O. mykiss 
ESUs have similar geographic distributions in coastal watersheds north 
of San Francisco Bay, the CV spring-run chinook and CV O. mykiss ESUs 
have overlapping distributions in the Sacramento River watershed and 
Delta within the central valley, and the CV spring-run chinook, CV O. 
mykiss, and CCC O. mykiss ESUs have overlapping distributions in 
portions of the San Francisco-San Pablo-Suisun Bay estuarine complex. 
As described previously, NMFS is not proposing to designate Tribal 
lands with occupied habitat or DOD controlled lands with occupied 
habitat that are subject to INRMPs that benefit the listed ESUs. The 
net economic impacts (coextensive with ESA section 7) associated with 
the areas proposed for designation for all ESUs combined are estimated 
to be approximately $83,511,186. This estimate does not account for 
reductions that occur as a result of excluding Indian lands or military 
lands. Moreover, as discussed previously, we are soliciting comment on 
additional exclusions which, if adopted, would further reduce the 
estimate of coextensive costs.
    The proposed designated habitat areas, summarized below by ESU, 
contain physical and biological features essential to the conservation 
of the species and that may require special management considerations 
or protection. Some of the areas proposed for designation are likely to 
be excluded in the final rule after consideration of the additional 
three categories of potential exclusions identified above.

     Table 2.--Approximate Quantity of Proposed Critical Habitat* and Ownership Within Watersheds Containing Habitat Areas Proposed for Designation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Estuary
                           ESU                             Streams (mi)     habitat (sq       Federal         Tribal        State/local       Private
                                                               (km)         mi) (sq km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
California Coastal Chinook..............................           1,513              25            16.4             0.4             3.4            79.8
                                                                   2,421              65  ..............  ..............  ..............  ..............
Northern California O. mykiss...........................           2,989              25            18.8             0.5             3.7            77.1
                                                                   4,782              65  ..............  ..............  ..............  ..............
Central California Coast O. mykiss......................           1,675             386             4.5             0.0             7.2            88.3
                                                                   2,680             996  ..............  ..............  ..............  ..............
South-Central California O. mykiss......................           1,240               3            16.3             0.0             2.2            81.6
                                                                   1,984               8  ..............  ..............  ..............  ..............
Southern California O. mykiss...........................             784  ..............            25.0             1.0             2.4            71.6
                                                                   1,254  ..............  ..............  ..............  ..............  ..............
Central Valley spring-run Chinook.......................           1,150             254            12.1             0.0             3.3            84.5
                                                                   1,840             655  ..............  ..............  ..............  ..............
Central Valley O. mykiss................................           2,317             254             8.6             0.0             3.1            88.3
                                                                   3,707             655  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\ These estimates are the total amount proposed for each ESU. They do not account for overlapping areas proposed for multiple ESUs.

California Coastal Chinook Salmon ESU

    There are 45 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been aggregated into 8 larger subbasin units (or CALWATER HUs). 
Eight HSA watersheds received a low rating, 10 received a medium 
rating, and 27 received a high rating of conservation value to the ESU 
(NMFS, 2004b). Two estuarine habitat areas used for rearing and 
migration (Humboldt Bay and the Eel River Estuary) that are not 
CALWATER HSAs were also evaluated and received a high conservation 
value rating.
    HSA watershed habitat areas in this ESU include approximately 1,638 
mi (2,635 km) of occupied stream habitat and 25 mi\2\ (65 km\2\) of 
occupied estuarine habitat (Humboldt Bay). Approximately 12 mi (19 km) 
of occupied stream habitat is within the boundaries of Indian 
reservations and proposed for exclusion. We have not calculated the 
potential reduction in estimated economic impact as a result of these 
Indian land exclusions, but expect it would be small given the small 
percentage of stream miles these exclusions represent (less than 0.1 
percent of all occupied stream miles).
    As a result of the balancing process for economic impacts described 
above, the Secretary is currently proposing to exclude from the 
designation, at a minimum, the habitat areas (or HSAs) shown in Table 
3. Of the areas eligible for designation, no fewer than approximately 
113 stream miles (180 km) are proposed for exclusion because the 
economic benefits of exclusion outweigh the benefits of designation. 
The total potential estimated economic impact, with no exclusions, 
would be $11,651,723. The exclusions set forth in Table 3 would reduce 
the total estimated economic impact to $7,586,559. However, as 
indicated above, the Secretary is considering a number of additional 
exclusions which may further reduce this economic impact by a 
substantial amount. For this ESU, a preliminary analysis of the 
economic impact of designating critical habitat after considering some 
of these additional exclusions (primarily the exclusion of watersheds 
with a large percentage of Federal lands) indicates cost impacts could 
be reduced to about $3,200,000.

[[Page 71916]]



 Table 3.--HSA Watersheds Occupied by the California Coastal Chinook Salmon ESU and Proposed for Exclusion From
                                                Critical Habitat
----------------------------------------------------------------------------------------------------------------
                                      Watershed (HSA)
      Subbasin/hydrologic unit              code        Watershed (HSA) name      Area proposed for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Eel River HU................           111122  Bridgeville...........  Entire watershed.
                                               111171  Eden Valley...........  Entire watershed.
                                               111173  Black Butte River.....  Entire watershed.
                                               111174  Wilderness............  Entire watershed
Unit 8. Russian River HU............           111422   Santa Rosa...........  Entire watershed.
----------------------------------------------------------------------------------------------------------------

Northern California O. mykiss ESU

    There are 50 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been aggregated into seven larger subbasin units (or CALWATER HUs) 
within which the HSA watersheds are nested. Nine watersheds received a 
low rating, 14 received a medium rating, and 27 received a high rating 
of conservation value to the ESU (NMFS, 2004b). Two estuarine habitat 
areas used for rearing and migration (Humboldt Bay and the Eel River 
Estuary) that are not CALWATER HSAs were also evaluated and received a 
high conservation value rating.
    HSA watershed habitat areas in this ESU include approximately 3,128 
mi (5,005 km) of occupied stream habitat and 25 mi\2\ (65 km\2\) of 
occupied estuarine habitat (Humboldt Bay). Approximately 23 mi (37 km) 
of stream habitat are within the boundaries of Indian reservations and 
are proposed for exclusion. We have not calculated the potential 
reduction in estimated economic impact as a result of these Indian land 
exclusions, but expect it would be small given the small percentage of 
stream miles these exclusions represent.
    As a result of the balancing process for economic impacts described 
above, the Secretary is currently proposing to exclude from the 
designation, at a minimum, the habitat areas (or HSAs) shown in Table 
4. Of the areas eligible for designation, no fewer than approximately 
116 mi (185 km) are proposed for exclusion because the economic 
benefits of exclusion outweigh the benefits of designation. Total 
potential estimated economic impact, with no exclusions, is 
$10,842,357. The exclusions set forth in Table 4 would reduce the total 
estimated economic impact to $6,688,254. However, as indicated above, 
the Secretary is considering a number of additional exclusions which 
may further reduce this economic impact by a substantial amount. For 
this ESU, a preliminary analysis of the economic impact of designating 
critical habitat after considering some of these additional exclusions 
(primarily the exclusion of watersheds with a large percentage of 
Federal lands) indicates the cost impact could be reduced to about 
$1,900,000.

   Table 4.--HSA Watersheds Occupied by the Northern California O. mykiss ESU and Proposed for Exclusion From
                                                Critical Habitat
----------------------------------------------------------------------------------------------------------------
            Subbasin/unit             Watershed  code      Watershed name         Area proposed  for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 3. Mad River HU................           110940  Ruth..................  Entire watershed.
Unit 5. Eel River HU................           111150  North Fork Eel........  Entire watershed.
                                               111163  Lake Pillsbury........  Entire watershed.
----------------------------------------------------------------------------------------------------------------

Central California Coast O. mykiss ESU

    There are 47 occupied HSA occupied watersheds within the freshwater 
and estuarine range of this ESU, including the Upper Alameda Creek 
watershed which supports a resident O. mykiss population that is 
proposed for listing. For ease of reference these watersheds have been 
aggregated into10 larger subbasin units (or CALWATER Hus) within which 
the HSA watersheds are nested. Fourteen HSA watersheds received a low 
rating, 13 received a medium rating, and 20 received a high rating of 
conservation value to the ESU (NMFS, 2004b ). Five of these HSA 
watershed units comprise portions of the San Francisco-San Pablo-Suisun 
Bay complex which constitutes rearing and migratory habitat for this 
ESU.
    HSA watershed habitat areas in this ESU include approximately 2,002 
miles (3,203 km) of occupied stream habitat and 442 mi\2\ (1,140 km\2\) 
of occupied estuarine habitat in the San Francisco Bay complex. 
Approximately 1.0 mi (2.0 km) of occupied stream habitat is within the 
boundaries of Indian reservations and proposed for exclusion. We have 
not calculated the potential reduction in estimated economic impact as 
a result of these Indian land exclusions, but expect it would be small 
given the small percentage of stream miles these exclusions represent.
    As a result of the balancing process for economic impacts described 
above, the Secretary is currently proposing to exclude from the 
designation, at a minimum, the HSA habitat areas shown in Table 5. Of 
the areas eligible for designation, no fewer than approximately 326 mi 
(522 km) of stream habitat and 56 mi\2\ (144 km\2\) of estuarine 
habitat in Suisun Bay (HSA 220710) are proposed for exclusion because 
the economic benefits of exclusion outweigh the benefits of 
designation. The total potential estimated economic impact, with no 
exclusions, is $9,327,996. The exclusions set forth in Table 5 would 
reduce the total estimated economic impact to $5,452,712. However, as 
indicated above, the Secretary is considering a number of additional 
exclusions which may further reduce this economic impact. For this ESU, 
a preliminary analysis of the economic impact of designating critical 
habitat after considering some of these additional exclusions 
(primarily the exclusion of watersheds with a large percentage of 
Federal lands), indicates the cost impact could be reduced to 
approximately $5,000,000.

[[Page 71917]]



Table 5.--HSA Watersheds Occupied by the Central California Coast O. mykiss ESU and Proposed for Full or Partial
                                         Exclusion From Critical Habitat
----------------------------------------------------------------------------------------------------------------
                                         Watershed
      Subbasin/hydrologic unit           (HSA) code        Watershed name         Area proposed  for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Russian River HU............           111422  Santa Rosa............  Entire watershed.
                                               111431  Ukiah.................  Tributaries.
Unit 5. Bay Bridges HU..............           220330  San Rafael............  Entire watershed.
Unit 6. South Bay HU................           220440  San Mateo Bayside.....  Entire watershed.
                                               220420  Eastbay Cities........  Tributaries.
Unit 7. Santa Clara HU..............           220540  Guadelupe River.......  Entire watershed.
Unit 8. San Pablo HU................           220620  Novato................  Entire watershed.
                                               220660  Pinole................  Entire watershed.
Unit 9. Suisun HU...................           220710  Suisun Bay............  Entire unit.
                                               220721  Benecia...............   Entire watershed.
                                               220731  Pittsburg.............  Entire watershed.
                                               220733  Martinez..............  Entire watershed.
----------------------------------------------------------------------------------------------------------------
Watersheds for which tributaries only are excluded contain rearing/migration corridors necessary for
  conservation.

South-Central California Coast O. mykiss ESU

    There are 30 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been organized into eight larger subbasin units (or CALWATER HUs) 
within which the HSA watersheds are nested. Six watersheds received a 
low conservation rating, 11 received a medium rating, and 13 received a 
high rating of conservation value to the ESU (NMFS, 2004b). One of 
these occupied watershed units is Morro Bay which is rearing and 
migratory habitat for those populations which spawn and rear in 
tributaries to the Bay. Of the 1,261 mi (2,018 km) of occupied riverine 
habitat and 3 mi\2\ (8 km\2\) of occupied estuarine habitat (Morro Bay) 
in the ESU, approximately 21 mi (34 km) are not proposed for 
designation because they are within lands controlled by the military 
(Camp San Luis Obispo and Camp Roberts) that have qualifying INRMPs.
    As a result of the balancing process for economic impacts described 
above, the Secretary is not proposing to exclude any areas from the 
habitat that is eligible for designation. The total potential estimated 
economic impact of the designation, without exclusions, would be 
$10,084,293. However, as indicated above, the Secretary is considering 
a number of additional exclusions which may reduce this economic impact 
by a substantial amount. For this ESU, a preliminary analysis of the 
economic impact of designating critical habitat after considering some 
of these additional exclusions (primarily the exclusion of watersheds 
with a large percentage of Federal lands) indicates the cost impacts 
could be reduced to about $4,300,000.

Southern California O. mykiss ESU

    There are 37 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been aggregated into eight subbasin units (or CALWATER HUs) within 
which the HSA watersheds are nested. Six HSA watersheds received a low 
rating, 6 received a medium rating, and 25 received a high rating of 
conservation value to the ESU (NMFS, 2004b).
    There are 837 mi (1,339 km) of occupied stream habitat in the 37 
HSA watersheds comprising this ESU. Of these, approximately 20 mi (32 
km) occupied stream miles (30.0 km) occur on Vandenberg AFB and Camp 
Pendleton Marine Corps Base which are not proposed for designation 
because they are within lands controlled by the military that have 
qualifying INRMPs.
    As a result of the balancing process for economic impacts described 
above, the Secretary is currently proposing to exclude from the 
designation, at a minimum, the habitat areas shown in Table 6. Of the 
areas eligible for designation, no fewer than 33 mi (53km) are proposed 
for exclusion because the economic benefits of exclusion outweigh the 
benefits of designation. The total potential estimated economic impact, 
with no exclusions, would be $21,008,746. The exclusions set forth in 
Table 6 would reduce the total estimated economic impact to 
$12,716,386. However, as indicated above, the Secretary is considering 
a number of additional exclusions which may further reduce this 
economic impact by a substantial amount for this ESU. For this ESU, a 
preliminary analysis of the economic impact of designating critical 
habitat after considering some of these additional exclusions 
(primarily the exclusion of watersheds with a large percentage of 
Federal lands) indicates that impacts could be reduced to about 
$3,600,000.

   Table 6.--HSA Watersheds Occupied by the Southern California O. mykiss ESU and Proposed for Exclusion From
                                                Critical Habitat
----------------------------------------------------------------------------------------------------------------
      Subbasin/hydrologic unit        Watershed  code    HSA watershed name       Area proposed  for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 1. Santa Maria River HU........           331210  Guadelupe.............  Tributaries only.
                                               331230  Cuyama Valley.........  Entire watershed.
Unit 2. Santa Ynez HU...............           331430  Buelton...............  Tributaries only.
                                               331451  Santa Cruz Creek......  Entire watershed
Unit 7. Calleguas HU................           440811  East of Oxnard........  Entire watershed.
----------------------------------------------------------------------------------------------------------------


[[Page 71918]]

Central Valley Spring-Run Chinook Salmon ESU

    There are 37 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been aggregated into 15 subbasin units (or CALWATER HUs) within 
which the HSA watersheds are nested. Four of these HSA watershed units 
comprise the San Francisco-San Pablo-Suisun Bay complex through which 
this ESU migrates to and from the ocean, and these HSAs were aggregated 
into a separate unit for descriptive purposes. Eight HSA watersheds 
received a low rating, 4 received a medium rating, and 25 received a 
high rating of conservation value to the ESU (NMFS, 2004b). Occupied 
habitat areas or HSA watersheds for this ESU include approximately 
1,381 mi (2,212 km) of riverine habitat, in addition to approximately 
427 mi2 (1,102 km2) of estuarine habitat in the 
San Francisco-San Pablo-Suisun Bay complex.
    As a result of the balancing process for economic impacts described 
above, the Secretary is currently proposing to exclude from the 
designation, at a minimum, the habitat areas (or HSAs) shown in Table 
7. Of the areas eligible for designation, no fewer than approximately 
231 mi (369 km) of stream habitat and 173 mi2 (446 
km2) of estuarine habitat in San Francisco Bay are proposed 
for exclusion because the economic benefits of exclusion outweigh the 
benefits of designation. The total potential estimated economic impact, 
with no exclusions, is $23,577,391. The exclusions set forth in Table 7 
would reduce the total estimated economic impact to 16,787,737. 
However, the Secretary is considering a number of additional exclusions 
which may further reduce this economic impact by a substantial amount. 
For this ESU, a preliminary analysis of the economic impact of 
designating critical habitat after considering some of these additional 
exclusions (primarily the exclusion of watersheds with a large 
percentage of Federal lands) indicates the cost impact could be reduced 
to about $12,900,000.

Table 7.--HSA Watersheds Occupied by the Central Valley Spring-run Chinook Salmon ESU and Proposed for Exclusion
                                              From Critical Habitat
----------------------------------------------------------------------------------------------------------------
      Subbasin/hydrologic unit        Watershed  code    HSA watershed name       Area proposed  for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 2. Whitmore HU.................           550731  South Cow Creek.......  Entire watershed.
Unit 5. Sacramento Delta HU.........           551000  Sacramento Delta......  Partial.
Unit 8. Yuba River HU...............           551713  Mildred Lake..........  Entire watershed.
Unit 9. Valley American HU..........           551921  Lower American........  Entire watershed.
Unit 12. Ball Mountain HU...........           552310  Thomes Creek..........  Entire watershed.
Unit 13. Shasta Bally HU............           552433  South Fork............  Entire watershed.
Unit 14. No. Diable Range HU........           554300  No. Diablo Range......  Entire watershed.
Unit 15. San Joaquin Delta HU.......           554400  San Joaquin Delta.....  Entire watershed.
Unit 16 South SF Bay HU.............           220410  South SF Bay..........  Entire unit.
----------------------------------------------------------------------------------------------------------------

Central Valley O. mykiss ESU

    There are 67 occupied HSA watersheds within the freshwater and 
estuarine range of this ESU. For ease of reference these watersheds 
have been aggregated into 25 subbasin units (or CALWATER HUs) within 
which the HSA watersheds are nested. Four of these HSA watershed units 
comprise the San Francisco-San Pablo-Suisun Bay complex through which 
this ESU migrates to and from the ocean, and these HSAs were aggregated 
into a separate unit for descriptive purposes. Fourteen HSA watersheds 
received a low rating, 16 received a medium rating, and 37 received a 
high rating of conservation value to the ESU (NMFS, 2004b). Occupied 
habitat areas or HSA watersheds for this ESU include approximately 
2,607 mi (4,171 km) of stream habitat, in addition to approximately 427 
mi2 (1,102 km2) of estuarine habitat in the San 
Francisco-San Pablo-Suisun Bay complex.
    As a result of the balancing process for economic impacts described 
above, the Secretary is proposing to exclude from the designation, at a 
minimum, the habitat areas (or HSAs) shown in Table 8. Of the areas 
eligible for designation, no fewer than approximately 290 mi (464 km) 
of stream and 173 mi2 (446 km2) of estuarine 
habitat in San Francisco Bay are proposed for exclusion because the 
economic benefits of exclusion outweigh the benefits of designation. 
The total potential estimated economic impact, with no exclusions, is 
$29,187,888. The exclusions set forth in Table 8 would reduce the total 
estimated economic impact to $24,195,245. However, as indicated above, 
the Secretary is considering a number of additional exclusions which 
may further reduce this economic impact by a substantial amount. For 
this ESU, a preliminary analysis of the economic impact of designating 
critical habitat after considering some of these additional exclusions 
(primarily the exclusion of watersheds with a large percentage of 
Federal lands) indicates that economic impacts could be reduced to 
about $18,500,000.

 Table 8.--HSA Watersheds Occupied by the Central Valley O. mykiss ESU and Proposed for Exclusion From Critical
                                                     Habitat
----------------------------------------------------------------------------------------------------------------
                                         Watershed
      Subbasin/hydrologic unit           (HSA) code        Watershed name         Area proposed  for exclusion
----------------------------------------------------------------------------------------------------------------
Unit 5. Sacramento Delta HU.........           551000  Sacramento Delta......  Partial watershed.
Unit 6. Valley-Putah Cache HU.......           551110  Elmira................  Entire watershed.
Unit 8. Marysville HU...............           551510  Lower Bear River......  Entire watershed.
Unit 9. Yuba River HU...............           551713  Mildred Lake..........  Entire watershed.
                                               551720  Nevada City...........  Entire watershed.
Unit 12. Butte Creek HU.............           552110  Upper Dry Creek.......  Entire watershed.

[[Page 71919]]

 
Unit 15. North Valley Floor HU......           553111  Herald................  Entire watershed.
                                               553120  Lower Mokelumne.......  Partial watershed.
Unit 16. Middle Sierra..............           553221  Big Canyon Creek......  Entire watershed.
                                               553223  NF Cosumnes...........  Entire watershed.
                                               553224  Omo Ranch.............  Entire watershed.
                                               553240  Sutter Creek..........  Entire watershed.
Unit 21. No. Diablo Range...........           554300  No. Diablo Range......  Entire watershed.
Unit 23. So. SF Bay.................           220410  So. SF Bay............  Entire unit.
----------------------------------------------------------------------------------------------------------------

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the ESA requires Federal agencies, including NMFS, to 
ensure that actions they fund, authorize, permit, or carry out do not 
destroy or adversely modify critical habitat. In agency regulations at 
50 CFR 402.02, we define destruction or adverse modification as ``a 
direct or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. Such alterations include, but are not limited to: Alterations 
adversely modifying any of those physical or biological features that 
were the basis for determining the habitat to be critical.'' 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, 243 
F.3d 434 (5th Cir. 2001), and an August 9, 2004 decision of the United 
States Court of Appeals for the Ninth Circuit (Gifford Pinchot Task 
Force v. U.S. Fish and Wildlife, No. 03-35279, the courts have found 
the agencies' definition of destruction or adverse modification to be 
invalid. In response to this decision, we are reviewing this regulatory 
definition.
    Section 7(a) of the ESA requires Federal agencies, including NMFS, 
to evaluate their actions with respect to any species that is proposed 
or listed as endangered or threatened and with respect to its critical 
habitat, if any is proposed or designated. Regulations implementing 
this provision of the ESA are codified at 50 CFR part 402. Section 
7(a)(4) of the ESA 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 the destruction or adverse modification 
of proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. The conservation recommendations in a 
conference report are advisory.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports include an opinion that is prepared 
according to 50 CFR 402.14, as if the species were listed or critical 
habitat designated. We may adopt the formal conference report as the 
biological opinion when the species is listed or critical habitat 
designated, if no substantial new information or changes in the action 
alter the content of the opinion (see 50 CFR 402.10(d)).
    If a species is listed or critical habitat is designated, ESA 
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 such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, we 
would review actions to determine if they would 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 will 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 we believe would avoid destruction or adverse modification of 
critical habitat. Reasonable and prudent alternatives can vary from 
slight project modifications to extensive redesign or relocation of the 
project. Costs associated with implementing a reasonable and prudent 
alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation 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.
    Activities on Federal lands that may affect these ESUs or their 
critical habitat will require ESA section 7 consultation. Activities on 
private or state lands requiring a permit from a Federal agency, such 
as a permit from the Corps under section 404 of the Clean Water Act, a 
section 10(a)(1)(B) permit from NMFS, or some other Federal action, 
including funding (e.g., Federal Highway Administration (FHA) or 
Federal Emergency Management Agency (FEMA) funding), will also be 
subject to the section 7 consultation process. Federal actions not 
affecting listed species or critical habitat and actions on non-Federal 
and private lands that are not federally funded, authorized, or 
permitted do not require section 7 consultation.

Activities Affected by Critical Habitat Designation

    Section 4(b)(8) of the ESA requires that we 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. As 
noted in the Special Management Considerations or Protection section 
above, we received several comments on the ANPR (68 FR 55926; September 
29, 2003) regarding

[[Page 71920]]

activities potentially affected by a critical habitat designation.
    A wide variety of activities may affect critical habitat and, when 
carried out, funded, or authorized by a Federal agency, require that an 
ESA section 7 consultation be conducted. Such activities include, but 
are not limited to, those described in the Species Descriptions and 
Area Assessments section. Generally these include water and land 
management actions of Federal agencies (e.g., USFS, BLM, Corps, U.S. 
Bureau of Reclamation (BOR), the FHA, Natural Resource Conservation 
Service (NRCS), National Park Service (NPS), BIA, and the Federal 
Energy Regulatory Commission (FERC)) and related or similar actions of 
other federally regulated projects and lands, including livestock 
grazing allotments by the USFS and BLM; hydropower sites licensed by 
the FERC; dams built or operated by the Corps or BOR; timber sales and 
other vegetation management activities conducted by the USFS, BLM, and 
BIA; irrigation diversions authorized by the USFS and BLM; road 
building and maintenance activities authorized by the FHA, USFS, BLM, 
NPS, and BIA; and mining and road building/maintenance activities 
authorized by the State of California. Other actions of concern include 
dredge and fill, mining, diking, and bank stabilization activities 
authorized or conducted by the Corps, habitat modifications authorized 
by the FEMA, and approval of water quality standards and pesticide 
labeling and use restrictions administered by the EPA.
    The Federal agencies that will most likely be affected by this 
critical habitat designation include the USFS, BLM, BOR, Corps, FHA, 
NRCS, NPS, BIA, FEMA, EPA, and the FERC. This designation will provide 
these agencies, private entities, and the public with clear 
notification of critical habitat designated for listed salmonids and 
the boundaries of the habitat. This designation will also assist these 
agencies and others in evaluating the potential effects of their 
activities on listed salmon and their critical habitat and in 
determining if section 7 consultation with NMFS is needed.
    As noted above, numerous private entities also may be affected by 
this critical habitat designation because of the direct and indirect 
linkages to an array of Federal actions, including Federal projects, 
permits, and funding. For example, private entities may harvest timber 
or graze livestock on Federal land or have special use permits to 
convey water or build access roads across Federal land; they may 
require Federal permits to armor stream banks, construct irrigation 
withdrawal facilities, or build or repair docks; they may obtain water 
from federally funded and operated irrigation projects; or they may 
apply pesticides that are only available with Federal agency approval. 
These activities will need to be analyzed with respect to their 
potential to destroy or adversely modify critical habitat. In some 
cases, proposed activities may require modifications that may result in 
decreases in activities such as timber harvest and livestock and crop 
production. The transportation and utilities sectors may need to modify 
the placement of culverts, bridges and utility conveyances (e.g., 
water, sewer and power lines) to avoid barriers to fish migration. 
Developments occurring in or near salmon streams (e.g., marinas, 
residential, or industrial facilities) that require Federal 
authorization or funding may need to be altered or built in a manner 
that ensures that critical habitat is not destroyed or adversely 
modified as a result of the construction, or subsequent operation, of 
the facility. These are just a few examples of potential impacts, but 
it is clear that the effects will encompass numerous sectors of private 
and public activities. If you have questions regarding whether specific 
activities will constitute destruction or adverse modification of 
critical habitat, contact NMFS (see ADDRESSES and FOR FURTHER 
INFORMATION CONTACT).

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governments and agencies, 
the scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Maps and specific information describing the amount, 
distribution, and use type (e.g., spawning, rearing, or migration) of 
salmon habitat in each ESU, as well as any additional information on 
occupied and unoccupied habitat areas;
    (2) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by sections 3(5)(A) and 4(b)(2) of 
the ESA;
    (3) Information regarding the benefits of excluding lands covered 
by HCPs (ESA section 10(a)(1)(B) permits), including the regulatory 
burden designation may impose on landowners and the likelihood that 
exclusion of areas covered by existing plans will serve as an incentive 
for other landowners to develop plans covering their lands;
    (4) Information regarding the benefits of excluding Federal and 
other lands covered by habitat conservation strategies and plans (e.g., 
Northwest Forest Plan, PACFISH, etc.), including the regulatory burden 
designation may impose on land managers and the likelihood that 
exclusion of areas covered by existing plans will serve as an incentive 
for land user to implement the conservation measures covering the lands 
subject to those plans;
    (5) Information regarding the benefits of designating particular 
areas as critical habitat;
    (6) Current or planned activities in the areas proposed for 
designation and their possible impacts on proposed critical habitat;
    (7) Any foreseeable economic or other potential impacts resulting 
from the proposed designations, in particular, any impacts on small 
entities;
    (8) Whether our approach to critical habitat designation could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concern and comments; and
    (9) Whether specific unoccupied areas (e.g., dewatered stream 
reaches, areas behind dikes or dams, above dams, etc) not presently 
proposed for designation may be essential to provide additional 
spawning and rearing areas for an ESU. In particular we are seeking 
information regarding unoccupied areas that may be essential for the 
conservation of the SC and CV O. mykiss ESUs, and the CV spring-run 
chinook ESU (see ESU Descriptions for specific unoccupied areas that 
may be essential for conservation and for which comments are being 
solicited).
    If you wish to comment on this proposal, you may submit your 
comments and materials concerning this proposal by any one of several 
methods (see ADDRESSES section). The proposed rule, maps, fact sheets, 
and other materials relating to this proposal can be found on our Web 
site at http://swr.nmfs.noaa.gov. We will consider all comments and 
information received during the comment period on this proposed rule as 
we prepare our final rulemaking. Accordingly, the final decision may 
differ from this proposal.

Public Hearings

    Joint Commerce-Interior ESA implementing regulations state that the 
Secretary shall promptly hold at least one public hearing if any person 
requests one within 45 days of publication of a proposed regulation to

[[Page 71921]]

list a species or to designate critical habitat (see 50 CFR 
424.16(c)(3)). Requests for public hearing must be made in writing (see 
ADDRESSES) by January 24, 2005. Details regarding the specific hearing 
locations and times will be posted on our Web site at http://swr.nmfs.noaa.gov. These hearings will provide the opportunity for 
interested individuals and parties to give comments, exchange 
information and opinions, and engage in a constructive dialogue 
concerning this proposed rule. We encourage the public's involvement in 
such ESA matters.

Peer Review

    In accordance with an ESA policy published on July 1, 1994 (59 FR 
34270), we will solicit the expert opinions of at least three 
appropriate independent specialists regarding this proposed rule. Given 
the varied considerations involved in making the proposed designations, 
we intend to solicit reviews from specialist(s) with biological 
expertise as well as specialist(s) with economic expertise in the 
geographic range of these ESUs. The purpose of such review is to ensure 
that the critical habitat designation is based on scientifically sound 
data, assumptions, and analyses. We will send these reviewers copies of 
this proposed rule immediately following publication in the Federal 
Register. We will invite them to comment, during the public comment 
period, on the specific assumptions and conclusions regarding the 
proposed designation of critical habitat.
    In response to the ANPR (68 FR 55926; September 29, 2003) we 
received the names of two potential independent reviewers and will 
identify other candidates prior to or soon after publishing this 
proposed rule. We will announce the availability of comments received 
from these reviewers and the public and make them available via the 
internet as soon as practicable during or after the comment period but 
in advance of a final rule.

Required Determinations

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with its clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) What else 
could we do to make this proposed rule easier to understand? You may 
send comments on how we could make this proposed rule easier to 
understand to one of the addresses identified in the ADDRESSES section 
or via e-mail to: [email protected].

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule and has been reviewed by the OMB. As noted above, we 
have prepared several reports to support the exclusion process under 
section 4(b)(2) of the ESA. The economic costs of the proposed critical 
habitat designations are described in our draft economic report (NMFS, 
2004c). The benefits of the proposed designations are described in the 
Critical Habitat Analytical Review Team preliminary findings report 
(NMFS, 2004b). This document uses a biologically-based ranking system 
for gauging the benefits of applying section 7 of the ESA to particular 
watersheds. Because data are not available to express these benefits in 
monetary terms, we have adopted a cost-effectiveness framework, as 
outlined in our draft 4(b)(2) report (NMFS, 2004d). This approach is in 
accord with OMB's guidance on regulatory analysis (OMB Circular A-4, 
Regulatory Analysis, September 17, 2003). By taking this approach, we 
seek to designate sufficient critical habitat to meet the biological 
goal of the ESA while imposing the least burden on society, as called 
for by E.O. 12866.
    In assessing the overall cost of critical habitat designation for 
the seven Pacific salmon and O. mykiss ESUs, the annual total impact 
figures given in the draft economic analysis (NMFS, 2004c) cannot be 
added together to obtain an aggregate annual impact. Because some 
watersheds are included in more than one ESU, a simple summation would 
entail duplication, resulting in an overestimate. Accounting for this 
duplication, the aggregate annual economic impact of the seven proposed 
critical habitat designations is $83,511,186 (in contrast to a 
$115,680,394 aggregate annual economic impact from designating all 
areas considered in the 4(b)(2) process for these ESUs). These amounts 
include impacts that are co-extensive with the implementation of the 
jeopardy standard of section 7 (NMFS, 2004c).

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
We have prepared a draft regulatory flexibility analysis and this 
document (NMFS, 2004e) is available upon request (see ADDRESSES). This 
analysis estimates that the number of regulated small entities 
potentially affected by this proposed rulemaking ranges from 379 to 
3,151, depending on the ESU. If the proposed areas are designated as 
critical habitat, the estimated co-extensive costs of section 7 
consultation incurred by small entities are estimated to range from 
$1.6 million to $18.2 million depending on the ESU. As described in the 
analysis, we considered various alternatives for designating critical 
habitat for these seven ESUs. We considered and rejected the 
alternative of not designating critical habitat for any of the ESUs 
because such an approach did not meet the legal requirements of the 
ESA. We also examined and rejected an alternative in which all the 
potential critical habitat of the seven Pacific salmon and O. mykiss 
ESUs is proposed for designation (i.e., no areas are excluded) because 
many of the areas considered to have a low conservation value also had 
relatively high economic impacts that might be mitigated by excluding 
those areas from designation. A third alternative we examined and 
rejected would exclude all habitat areas with a low or medium 
conservation value. While this alternative furthers the goal of 
reducing economic impacts, it is not sensitive to the fact that for 
most ESUs, eliminating all habitat areas with low and medium 
conservation value is likely to significantly impede conservation. 
Moreover, for some habitat areas the incremental economic benefit from 
excluding that area is relatively small. Therefore, after considering 
these alternatives in the context of the section 4(b)(2) process of 
weighing benefits of exclusion against benefits of designation, we 
determined that the current proposal for designating critical habitat 
(i.e., designating some but not all areas with low or medium 
conservation value) provides an appropriate balance of conservation and 
economic

[[Page 71922]]

mitigation and that excluding the areas identified in this proposed 
rulemaking would not result in extinction of the ESUs. It is estimated 
that small entities could save from $650,000 to $4.3 million in 
compliance costs, depending on the ESU, if the areas proposed for 
exclusion in this proposed rule are excluded from the designation.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order 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 proposed rule may 
be a significant regulatory action under Executive Order 12866. We have 
prepared a draft analysis of the energy effects of critical habitat 
designation and this document (NMFS, 2004e; see Appendix G) is 
available upon request (see ADDRESSES).
    Approximately 90 hydropower projects exist within the area covered 
by the seven ESUs addressed in this rulemaking. The projects range from 
very small ones with installed capacities considerably less than 5 MW 
to much larger projects ranging up to 196 MW installed capacity. Within 
California, the majority of hydropower project are private or State-
owned and licensed by FERC. A smaller percentage of all projects are 
owned and operated by the Corps or BOR. Consultations on hydropower 
projects represent a relatively small percentage of the total section 7 
consultations concerning listed salmon, but cost of project 
modification may be higher that for other activities. According to the 
economic analysis performed for the proposed designation (NMFS, 2004e), 
costs to hydropower projects associated with salmon section 7 actions 
are anticipated to be approximately 23 percent of the annual costs of 
overall section 7 statewide. The primary modifications resulting from 
section 7 include construction or improvements to fish passage 
facilities and programs, research and monitoring of water quality and 
fish passage efficiency, and other offsite mitigation efforts.
    Two threshold tests were considered to determine whether critical 
habitat designation would have a ``significant adverse effect on the 
supply, distribution, or use of energy'': Reductions in electricity 
production in excess of 1 billion kilowatt-hours per year or in excess 
of 500 megawattts of installed capacity; and increases in the cost of 
energy production in excess of one percent. For both thresholds of the 
energy impacts analysis, the assessment concludes that the total 
impacts of salmon conservation/mitigation measures for hydropower 
projects may exceed the thresholds for determining that an adverse 
energy effect is significant. However, the assessment also concludes 
based on the agency's section 7 consultation history, that the total 
impacts of such conservation or mitigation overestimate the incremental 
impacts of critical habitat designation alone because there is strong 
evidence that consultation based on the jeopardy standard alone is 
capable of imposing significant impacts on such projects. Based on the 
energy impacts analysis, NMFS believes that the designation of critical 
habitat will not have impacts that exceed the thresholds identified 
above.

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

    In accordance with the Unfunded Mandates Reform Act, we make the 
following findings:
    (a) This proposed rule will not produce a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute or 
regulation that would impose an enforceable duty upon State, local, 
tribal governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. (At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living; Family Support Welfare Services; 
and Child Support Enforcement.) ``Federal private sector mandate'' 
includes a regulation that ``would impose an enforceable duty upon the 
private sector, except (I) a condition of Federal assistance; or (ii) a 
duty arising from participation in a voluntary Federal program.'' The 
designation of critical habitat does not impose a legally binding duty 
on non-Federal government entities or private parties. Under the ESA, 
the only regulatory effect is that Federal agencies must ensure that 
their actions do not destroy or adversely modify critical habitat under 
section 7. While non-Federal entities who receive Federal funding, 
assistance, permits or otherwise require approval or authorization from 
a Federal agency for an action may be indirectly impacted by the 
designation of critical habitat, the legally binding duty to avoid 
destruction or adverse modification of critical habitat rests squarely 
on the Federal agency. Furthermore, to the extent that non-Federal 
entities are indirectly impacted because they receive Federal 
assistance or participate in a voluntary Federal aid program, the 
Unfunded Mandates Reform Act would not apply; nor would critical 
habitat shift the costs of the large entitlement programs listed above 
to State governments.
    (b) Due to current public knowledge of salmon protection and the 
prohibition against take of these species both within and outside of 
the designated areas, we do not anticipate that this proposed rule will 
significantly or uniquely affect small governments. As such, a Small 
Government Agency Plan is not required.

Takings

    In accordance with Executive Order 12630, the proposed rule does 
not have significant takings implications. A takings implication 
assessment is not required. The designation of critical habitat affects 
only Federal agency actions. The proposed rule will not increase or 
decrease the current restrictions on private property concerning take 
of salmon. As noted above, due to widespread public knowledge of salmon 
protection and the prohibition against take of the species both within 
and outside of the designated areas, we do not anticipate that property 
values will be affected by the proposed critical habitat designations. 
While real estate market values may temporarily decline following 
designation, due to the perception that critical habitat designation 
may impose additional regulatory burdens on land use, we expect any 
such impacts to be short term (NMFS, 2004c). Additionally, critical 
habitat designation does not preclude development of HCPs and issuance 
of incidental take permits. Owners of areas that are included in the

[[Page 71923]]

designated critical habitat will continue to have the opportunity to 
use their property in ways consistent with the survival of listed 
salmon.

Federalism

    In accordance with Executive Order 13132, this proposed rule does 
not have significant federalism effects. A federalism assessment is not 
required. In keeping with Department of Commerce policies, we requested 
information from, and coordinated development of, this proposed 
critical habitat designation with appropriate state resource agencies 
in California. The proposed designation may have some benefit to the 
states and local resource agencies in that the areas essential to the 
conservation of the species are more clearly defined, and the primary 
constituent elements of the habitat necessary to the survival of the 
species are specifically identified. While making this definition and 
identification does not alter where and what federally sponsored 
activities may occur, it may assist local governments in long-range 
planning (rather than waiting for case-by-case section 7 consultations 
to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Commerce has determined that this proposed rule does not unduly burden 
the judicial system and meets the requirements of sections 3(a) and 
3(b)(2) of the Order. We are proposing to designate critical habitat in 
accordance with the provisions of the ESA. This proposed 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 seven salmon ESUs.

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

    This proposed rule does not contain new or revised information 
collection for which OMB approval is required 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 have determined that we need not prepare environmental analyses 
as provided for under the National Environmental Policy Act of 1969 for 
critical habitat designations made pursuant to the ESA. See Douglas 
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied, 116 
S.Ct. 698 (1996).

Government-to-Government Relationship With Tribes

    The longstanding and distinctive relationship between the Federal 
and tribal Governments is defined by treaties, statutes, executive 
orders, judicial decisions, and agreements, which differentiate tribal 
governments from the other entities that deal with, or are affected by, 
the Federal Government. This relationship has given rise to a special 
Federal trust responsibility involving the legal responsibilities and 
obligations of the United States toward Indian Tribes and the 
application of fiduciary standards of due care with respect to Indian 
lands, tribal trust resources, and the exercise of tribal rights. 
Pursuant to these authorities lands have been retained by Indian Tribes 
or have been set aside for tribal use. These lands are managed by 
Indian Tribes in accordance with tribal goals and objectives within the 
framework of applicable treaties and laws.
    Administration policy contained in the Secretarial Order: 
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, 
and the Endangered Species Act'' (June 5, 1997) (``Secretarial 
Order''); the President's Memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (50 
FR 2291); Executive Order 13175; and Department of Commerce-American 
Indian and Alaska Native Policy (March 30, 1995) reflects and defines 
this unique relationship.
    These policies also recognize the unique status of Indian lands. 
The Presidential Memorandum of April 29, 1994, provides that, to the 
maximum extent possible, tribes should be the governmental entities to 
manage their lands and tribal trust resources. The Secretarial Order 
provides that, ``Indian lands are not Federal public lands or part of 
the public domain, and are not subject to Federal public lands laws.''
    In implementing these policies the Secretarial Order specifically 
seeks to harmonize this unique working relationship with the Federal 
Government's duties pursuant to the ESA. The order clarifies our 
responsibilities when carrying out authorities under the ESA and 
requires that we consult with and seek participation of, the affected 
Indian Tribes to the maximum extent practicable in the designation of 
critical habitat. Accordingly, we recognize that we must carry out our 
responsibilities under the ESA in a manner that harmonizes these duties 
with the Federal trust responsibility to the tribes and tribal 
sovereignty while striving to ensure that Indian Tribes do not bear a 
disproportionate burden for the conservation of species. Any decision 
to designate Indian land as critical habitat must be informed by the 
Federal laws and policies establishing our responsibility concerning 
Indian lands, treaties and trust resources, and by Department of 
Commerce policy establishing our responsibility for dealing with tribes 
when we implement the ESA.
    Pursuant to the Secretarial Order we consulted with the affected 
Indian Tribes when considering the designation of critical habitat in 
an area that may impact tribal trust resources, tribally owned fee 
lands or the exercise of tribal rights. Additionally, one California 
Indian tribe and the BIA provided written comments that are a part of 
the administrative record for this proposed rulemaking.
    We understand from the tribes and the BIA that there is general 
agreement that Indian lands should not be designated critical habitat. 
The Secretarial Order defines Indian lands as ``any lands title to 
which is either: (1) Held in trust by the United States for the benefit 
of any Indian tribe or (2) held by an Indian Tribe or individual 
subject to restrictions by the United States against alienation.'' In 
clarifying this definition with the tribes, we agree that (1) fee lands 
within the reservation boundaries and owned by the Tribe or individual 
Indian, and (2) fee lands outside the reservation boundaries and owned 
by the Tribe would be considered Indian lands for the purposes of this 
proposed rule. (Fee lands outside the reservation owned by individual 
Indians are not included within the definition of Indian lands for the 
purposes of this rule.)
    In evaluating Indian lands for designation as critical habitat we 
look to section 4(b)(2) of the ESA. Section 4(b)(2) requires us to base 
critical habitat designations on the best scientific and commercial 
data available, after taking into consideration the economic impact, 
the impact on national security and any other relevant impact of 
specifying any particular area as critical habitat. The Secretary may 
exclude areas from a critical habitat designation when the benefits of 
exclusion outweigh the benefits of designation, provided the exclusion 
will not result in the extinction of the species. We find that a 
relevant impact for consideration is the degree to which the Federal 
designation of Indian lands would impact the longstanding unique

[[Page 71924]]

relationship between the tribes and the Federal Government and the 
corresponding effect on Pacific salmon protection and management (See 
Other Relevant Impacts and Critical Habitat Designation sections). This 
is consistent with recent case law addressing the designation of 
critical habitat on tribal lands. ``It is certainly reasonable to 
consider a positive working relationship relevant, particularly when 
the relationship results in the implementation of beneficial natural 
resource programs, including species preservation.'' Center for 
Biological Diversity et al. v. Norton, 240 F. Supp. 2d 1090, 1105); 
Douglas County v. Babbitt, 48 F3d 1495, 1507 (1995) (defining 
``relevant'' as impacts consistent with the purposes of the ESA).
    NMFS and many tribal governments in California currently have 
cooperative working relationships that have enabled us to implement 
natural resource programs of mutual interest for the benefit of 
threatened and endangered salmonids. Some tribes have existing natural 
resource programs that assist us on a regular basis in providing 
information relevant to salmonid protection throughout the region. Our 
consultation with the tribes and the BIA indicates that they view the 
designation of Indian lands as an unwanted intrusion into tribal self-
governance, compromising the government-to-government relationship that 
is essential to achieving our mutual goal of conserving threatened and 
endangered salmonids.
    At this time, for the general reasons described above, we 
anticipate that the ESA 4(b)(2) analysis will lead us to exclude all 
Indian lands with occupied habitat in our final designation for these 
seven ESUs of salmon and O. mykiss. Consistent with other proposed 
exclusions, any exclusion in the final rule will be made only after 
consideration of all comments received.

References Cited

    A complete list of all references cited in this rulemaking can be 
found on our Web site at http://swr.nmfs.noaa.gov and is available upon 
request from the NMFS office in Long Beach, California (see ADDRESSES 
section).

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: November 29, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, we propose to amend part 
226, title 50 of the Code of Regulations as set forth below:

PART 226--[AMENDED]

    1. The authority citation of part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.

    2. Add Sec.  226.211 to read as follows:


Sec.  226.211  Critical habitat for seven Evolutionarily Significant 
Units (ESUs) of salmon (Oncorhynchus spp.) in California.

    Critical habitat is designated in the following counties for the 
following ESUs as described in paragraph (a) of this section, and as 
further described in paragraphs (b) through (e) of this section. The 
textual descriptions of critical habitat for each ESU are included in 
paragraphs (f) through (l) of this section, and these descriptions are 
the definitive source for determining the critical habitat boundaries. 
General location maps are provided at the end of each ESU description 
(paragraphs (f) through (l) of this section) and are provided for 
general guidance purposes only, and not as a definitive source for 
determining critical habitat boundaries.
    (a) Critical habitat is designated for the following ESUs in the 
following counties:

------------------------------------------------------------------------
                  ESU                            State--Counties
------------------------------------------------------------------------
(1) California Coastal Chinook.........  CA--Humboldt, Trinity,
                                          Mendocino, Sonoma, Lake, Napa,
                                          Glenn, Colusa, and Tehama.
(2) Northern California O. mykiss......  CA--Humboldt, Trinity,
                                          Mendocino, Sonoma, Lake,
                                          Glenn, Colusa, and Tehama.
(3) Central California Coast O. mykiss.  CA--Lake, Mendocino, Sonoma,
                                          Napa, Marin, San Francisco,
                                          San Mateo, Santa Clara, Santa
                                          Cruz, Alameda, Contra Costa,
                                          and San Joaquin.
(4) South-Central Coast O. mykiss......  CA--Monterey, San Benito, Santa
                                          Clara, Santa Cruz, San Luis
                                          Obispo.
(5) Southern California O. mykiss......  CA--San Luis Obispo, Santa
                                          Barbara, Ventura, Los Angeles,
                                          Orange and San Diego.
(6) Central Valley spring-run Chinook..  CA--Tehama, Butte, Glenn,
                                          Shasta, Yolo, Sacramento,
                                          Solano, Colusa, Yuba, Sutter,
                                          Trinity, Alameda, San Joaquin,
                                          and Contra Costa.
(7) Central Valley O. mykiss...........  CA--Tehama, Butte, Glenn,
                                          Shasta, Yolo, Sacramento,
                                          Solona, Yuba, Sutter, Placer,
                                          Calaveras, San Joaquin,
                                          Stanislaus, Tuolumne, Merced,
                                          Alameda, Contra Costa.
------------------------------------------------------------------------

    (b) Critical habitat boundaries. Critical habitat includes the 
stream channels within the proposed stream reaches, and includes a 
lateral extent as defined by the ordinary high-water line (33 CFR 
329.11). In areas for which the ordinary high-water line has not been 
defined pursuant to 33 CFR 329.11, the lateral extent will be defined 
by the bankfull elevation. Bankfull elevation is the level at which 
water begins to leave the channel and move into the floodplain and is 
reached at a discharge which generally has a recurrence interval of 1 
to 2 years on the annual flood series. Critical habitat in estuaries 
(e.g. San Francisco-San Pablo-Suisun Bay, Humboldt Bay, and Morro Bay) 
is defined by the perimeter of the water body as displayed on standard 
1:24,000 scale topographic maps or the elevation of extreme high water, 
whichever is greater.
    (c) Primary constituent elements. Within these areas, the primary 
constituent elements essential for the conservation of these ESUs are 
those sites and habitat components that support one or more life 
stages, including:
    (1) Freshwater spawning sites with water quantity and quality 
conditions and substrate supporting spawning, incubation and larval 
development;
    (2) Freshwater rearing sites with:
    (i) Water quantity and floodplain connectivity to form and maintain 
physical habitat conditions and support juvenile growth and mobility;
    (ii) Water quality and forage supporting juvenile development; and
    (iii) Natural cover such as shade, submerged and overhanging large 
wood, log jams and beaver dams, aquatic

[[Page 71925]]

vegetation, large rocks and boulders, side channels, and undercut 
banks.
    (3) Freshwater migration corridors free of obstruction and 
excessive predation with water quantity and quality conditions and 
natural cover such as submerged and overhanging large wood, aquatic 
vegetation, large rocks and boulders, side channels, and undercut banks 
supporting juvenile and adult mobility and survival.
    (4) Estuarine areas free of obstruction and excessive predation 
with:
    (i) Water quality, water quantity, and salinity conditions 
supporting juvenile and adult physiological transitions between fresh- 
and saltwater;
    (ii) Natural cover such as submerged and overhanging large wood, 
aquatic vegetation, large rocks and boulders, side channels; and
    (iii) Juvenile and adult forage, including aquatic invertebrates 
and fishes, supporting growth and maturation.
    (d) Exclusion of Indian lands. Critical habitat does not include 
occupied habitat areas on Indian lands. The Indian lands specifically 
excluded from critical habitat are those defined in the Secretarial 
Order, including:
    (1) Lands held in trust by the United States for the benefit of any 
Indian tribe;
    (2) Land held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (e) Land owned or controlled by the Department of Defense. 
Additionally, critical habitat does not include the following areas 
owned or controlled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources management 
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a):
    (1) Camp Pendleton Marine Corps Base;
    (2) Vandenberg Air Force Base;
    (3) Camp San Luis Obispo;
    (4) Camp Roberts; and
    (5) Mare Island Army Reserve Center.
    (f) California Coastal Chinook Salmon (Oncorhynchus tshawytscha). 
Critical habitat is proposed to include the areas defined in the 
following units:
    (1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Redwood Creek (Lat -41.2997, Long -124.0917) 
upstream to endpoint(s) in: Boyes Creek (41.3639, -123.9845); Bridge 
Creek (41.137, -124.0012); Brown Creek (41.3986, -124.0012); Emerald 
(Harry Weir) (41.2142, -123.9812); Godwood Creek (41.3889, -124.0312); 
Larry Dam Creek (41.3359, -124.003); Little Lost Man Creek (41.2944, -
124.0014); Lost Man Creek (41.3133, -123.9854); May Creek (41.3547, -
123.999); McArthur Creek (41.2705, -124.041); North Fork Lost Man Creek 
(41.3374, -123.9935); Prairie Creek (41.4239, -124.0367); Redwood Creek 
(41.1367, -123.9309); Redwood Creek (41.2997, -124.0499); Tom McDonald 
(41.1628, -124.0419).
    (ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek 
(Lat 41.1367, Long -123.9309) upstream to endpoint(s): Lacks Creek 
(41.0334, -123.8124); Minor Creek (40.9706, -123.7899).
    (iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood 
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Redwood 
Creek (40.7432, -123.7206).
    (2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380) 
upstream to endpoint(s) in: North Fork Maple Creek (41.1294, -
124.0771); Maple Creek (41.1223, -124.0995).
    (ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little 
River (41.0277, -124.1112) upstream to endpoint(s) in: South Fork 
Little River (40.9961, -124.0435); Little River (41.0463, -123.9818); 
Railroad Creek (41.0474, -124.0453); Lower South Fork Little River 
(41.003, -124.0081); Upper South Fork Little River (41.0163, -
123.9939).
    (3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642) 
upstream to endpoint(s) in: Lindsay Creek (40.983, -124.0326); Mill 
Creek (40.9008, -124.0086); North Fork Mad River (40.8687, -123.9649); 
Squaw Creek (40.9426, -124.0202); Warren Creek (40.8901, -124.0402).
    (ii) North Fork Mad River 110920. Outlet(s) = North Fork Mad River 
(Lat 40.8687, Long -123.9649) upstream to endpoint(s) in: Sullivan 
Gulch (40.8557, -123.9487); North Fork Mad River (40.8837, -123.9436).
    (iii) Butler Valley 110930. Outlet(s) = Mad River (Lat 40.8449, 
Long -123.9807) upstream to endpoint(s) in: Black Creek (40.7547, -
123.9016); Black Dog Creek (40.8334, -123.9805); Canon Creek (40.8362, 
-123.9028); Mad River (40.7007, -123.8642); Maple Creek (40.7928, -
123.8742).
    (4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic 
Sub-area 111000. Outlet(s) = Mad River (Lat 40.9560, Long -124.1278); 
Jacoby Creek (40.8435, -124.0815); Freshwater Creek (40.8088, -
124.1442); Elk River (40.7568, -124.1948); Salmon Creek (40.6868, -
124.2194) upstream to endpoint(s) in: Bridge Creek (40.6958, -
124.0795); Dunlap Gulch (40.7101, -124.1155); Elk River (40.7025, -
124.1522); Freshwater Creek (40.7389, -123.9944); Gannon Slough 
(40.8628, -124.0818); Jacoby Creek (40.7944, -124.0093); Little 
Freshwater Creek (40.7485, -124.0652); North Branch of the North Fork 
Elk River (40.6878, -124.0131); North Fork Elk River (40.6756, -
124.0153); Ryan Creek (40.7835, -124.1198); Salmon Creek (40.6438, -
124.1319); South Branch of the North Fork Elk River (40.6691, -
124.0244); South Fork Elk River (40.6626, -124.061); South Fork 
Freshwater Creek (40.7097, -124.0277).
    (5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-
area 111111. Outlet(s) = Eel River (Lat 40.6282, Long -124.2838) 
upstream to endpoint(s) in: Atwell Creek (40.472, -124.1449); Howe 
Creek (40.4748, -124.1827); Price Creek (40.5028, -124.2035); Strongs 
Creek (40.5986, -124.1222); Van Duzen River (40.5337, -124.1262).
    (ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat 
40.4918, Long -124.0998) upstream to endpoint(s) in: Bear Creek 
(40.391, -124.0156); Chadd Creek (40.3921, -123.9542); Jordan Creek 
(40.4324, -124.0428); Monument Creek (40.4676, -124.1133).
    (iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee 
Creek (40.4090, Long -123.9334) upstream to endpoint(s) in: Carson 
Creek (40.4189, -123.8881); Larabee Creek (40.3950, -123.8138).
    (iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen 
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in: 
Cummings Creek (40.5258, -123.9896); Hely Creek (40.5042, -123.9703); 
Yager Creek (40.5383, -124.1121); Unnamed (40.5383, -124.1121).
    (v) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek 
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Corner Creek 
(40.6189, -123.9994); Fish Creek (40.6392, -124.0032); Lawrence Creek 
(40.6394, -123.9935); Middle Fork Yager Creek (40.5799, -123.9015); 
North Fork Yager Creek (40.6044, -123.9084); Owl Creek (40.5557, -
123.9362); Shaw Creek (40.6245, -123.9518); Yager Creek (40.5673, -
123.9403).
    (vi) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel 
River (Lat 40.3500, Long -213.9305)

[[Page 71926]]

upstream to endpoint(s) in: Bridge Creek (40.2929, -123.8569); Bull 
Creek (40.3148,-124.0343); Canoe Creek (40.2909, -123.922); Cow Creek 
(40.3583, -123.9626); Cuneo Creek (40.3377, -124.0385); Elk Creek 
(40.2837, -123.8365); Fish Creek (40.2316, -123.7915); Harper Creek 
(40.354, -123.9895); Mill Creek (40.3509, -124.0236); Salmon Creek 
(40.2214, -123.9059); South Fork Salmon River (40.1769, -123.8929); 
Squaw Creek (40.3401, -123.9997); Tostin Creek (40.1722, -123.8796).
    (vii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel 
River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in: 
Anderson Creek (39.9337, -123.8933); Bear Pen Creek (39.9125, -
123.8108); Bear Wallow Creek (39.7296, -123.7172); Bond Creek (39.7856, 
-123.6937); Butler Creek (39.7439, -123.692); China Creek (40.1035, -
123.9493); Connick Creek (40.0911, -123.8187); Cox Creek (40.0288, -
123.8542); Cummings Creek (39.8431, -123.5752); Dean Creek (40.1383, -
123.7625); Dinner Creek (40.0915, -123.937); East Branch South Fork Eel 
River (39.9433, -123.6278); Elk Creek (39.7986, -123.5981); Fish Creek 
(40.0565, -123.7768); Foster Creek (39.8455, -123.6185); Grapewine 
Creek (39.7991, -123.5186); Hartsook Creek (40.012, -123.7888); Hollow 
Tree Creek (39.7316, -123.6918); Huckleberry Creek (39.7315, -
123.7253); Indian Creek (39.9464, -123.8993); Jones Creek (39.9977, -
123.8378); Leggett Creek (40.1374, -123.8312); Little Sproul Creel 
(40.0897, -123.8585); Low Gap Creek (39993, -123.767); McCoy Creek 
(399598, -123.7542); Michael's Creek (397642, -123.7175); Miller Creek 
(40.1215, -123.916); Moody Creek (399531, -123.8819); Mud Creek 
(398232, -123.6107); Piercy Creek (399706, -123.8189); Pollock Creek 
(40.0822, -123.9184); Rattlesnake Creek (397974, -123.5426); Redwood 
Creek (397721, -123.7651); Redwood Creek (40.0974, -123.9104); Seely 
Creek (40.1494, -123.8825); Somerville Creek (40.0896, -123.8913); 
South Fork Redwood Creek (397663, -123.7579); Spoul Creek (40.0125, -
123.8585); Standley Creek (399479, -123.8083); Tom Long Creek (40.0315, 
-123.6891); Twin Rocks Creek (398269, -123.5543); Warden Creek 
(40.0625, -123.8546); West Fork Sproul Creek (40.0386, -123.9015); 
Wildcat Creek (399049, -123.7739); Wilson Creek (39841, -123.6452); 
Unnamed Tributary (40.1136, -123.9359); Unnamed Tributary (40.0538, -
123.8293).
    (viii) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South 
Fork Eel River (Lat 39.7665, Long -123.6484) ) upstream to endpoint(s) 
in: Bear Creek (39.6413, -123.5797); Cahto Creek (39.6624, -123.5453); 
Dutch Charlie Creek (39.6892, -123.6818); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7244, -123.6802); Kenny Creek 
(39.6733, -123.6082); Mud Creek (39.6561, -123.592); Redwood Creek 
(39.6738, -123.6631); Rock Creek (39.6931, -123.6204); South Fork Eel 
River (39.6271, -123.5389); Streeter Creek (39.7328, -123.5542); Ten 
Mile Creek (39.6651, -123.451).
    (ix) Sequoia Hydrologic Sub-area 111141. Outlet(s) = South Fork Eel 
River (Lat 40.3558, Long -123.9194) upstream to endpoint(s) in: Brock 
Creek (40.2411, -123.7248); Dobbyn Creek (40.2216, -123.6029); Hoover 
Creek (40.2312, -123.5792); Line Gulch (40.1655, -123.4831); North Fork 
Dobbyn Creek (40.2669, -123.5467); South Fork Dobbyn Creek (40.1723, -
123.5112); South Fork Eel River (40.35, -123.9305); Unnamed Tributary 
(40.3137, -123.8333); Unnamed Tributary (40.2715, -123.549).
    (x) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat 
40.1736, Long -123.6043) upstream to endpoint(s) in: Bell Springs Creek 
(39.9399, -123.5144); Burger Creek (39.6943, -123.413); Chamise Creek 
(40.0563, -123.5479); Jewett Creek (40.1195, -123.6027); Kekawaka Creek 
(40.0686, -123.4087); North Fork Eel River (39.9567, -123.4375); 
Woodman Creek (39.7639, -123.4338).
    (xi) North Fork Eel River Hydrologic Sub-area 111150. Outlet(s) = 
North Fork Eel River (Lat 39.9567, Long -123.4375) upstream to 
endpoint(s) in: North Fork Eel River (39.9370, -123.3758).
    (xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet 
Creek (Lat 39.6263, Long -123.3453) upstream to endpoint(s) in: 
Baechtel Creek (39.3688, -123.4028); Berry Creek (39.4272, -123.2951); 
Bloody Run (39.5864, -123.3545); Broaddus Creek (39.3907, -123.4163); 
Davis Creek (39.3701, -123.3007); Dutch Henry Creek (39.5788, -
123.4543); Haehl Creek (39.3795, -123.3393); Long Valley Creek 
(39.6091, -123.4577); Outlet Creek (39.4526, -123.3338); Ryan Creek 
(39.4803, -123.3642); Upp Creek (39.4276, -123.3578); Upp Creek 
(39.4276, -123.3578); Willits Creek (39.4315, -123.3794).
    (xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel 
River (Lat 39.7138, Long -123.3531) upstream to endpoint(s) in: Cave 
Creek (39.3925, -123.2318); Long Branch Creek (39.4074, -123.1897); 
Middle Fork Eel River (39.7136, -123.353); Outlet Creek (39.6263, -
123.3453); Rocktree Creek (39.4533, -123.3079); Salmon Creek (39.4461, 
-123.2104); Scott Creek (39.456, -123.2297); String Creek (39.4855, -
123.2891); Tomki Creek (39.549, -123.3613); Wheelbarrow Creek (39.5029, 
-123.3287).
    (xiv) Lake Pillsbury Hydrologic Sub-area 111163. Outlet(s) = Eel 
River (Lat 39.3860, Long -123.1163) upstream to endpoint(s) in: Eel 
River (39.4078, -122.958).
    (xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill 
Creek (Lat 39.7398, Long -123.1431); Williams (39.8147, -123.1335) 
upstream to endpoint(s) in: Mill Creek (39.8456, -123.2822); Murphy 
Creek (39.8804, -123.1636); Poor Mans Creek (39.8179, -123.1833); Short 
Creek (39.8645, -123.2242); Turner Creek (39.7238, -123.2191); Williams 
Creek (39.8596, -123.1341).
    (6) Cape Mendocino Hydrologic Unit 1112--(i) Capetown Hydrologic 
Sub-area 111220. Outlet(s) = Bear River (Lat 40.4744, Long -124.3881) 
upstream to endpoint(s) in: Bear River (40.3591, -124.0536); South Fork 
Bear River (40.4271, -124.2873).
    (ii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Mattole 
River (Lat 40.2942, Long -124.3536) upstream to endpoint(s) in: Bear 
Creek (40.1262, -124.0631); Blue Slide Creek (40.1286, -123.9579); 
Bridge Creek (40.0503, -123.9885); Conklin Creek (40.3169, -124.229); 
Dry Creek (40.2389, -124.0621); East Fork Honeydew Creek (40.1633, -
124.0916); East Fork of the North Fork Mattole River (40.3489, -
124.2244); Eubanks Creek (40.0893, -123.9743); Gilham Creek (40.2162, -
124.0309); Grindstone Creek (40.1875, -124.0041); Honeydew Creek 
(40.1942, -124.1363); Mattole Canyon (40.1833, -123.9666); Mattole 
River (39.9735, -123.9548); McGinnis Creek (40.3013, -124.2146); McKee 
Creek (40.0674, -123.9608); Mill Creek (40.0169, -123.9656); North Fork 
Mattole River (40.3729, -124.2461); North Fork Bear Creek (40.1422, -
124.0945); Oil Creek (40.3008, -124.1253); Rattlesnake Creek (40.2919, 
-124.1051); South Fork Bear Creek (40.0334, -124.0232); Squaw Creek 
(40.219, -124.1921); Thompson Creek (39.9969, -123.9638); Unnamed 
(40.1522, -124.0989); Upper North Fork Mattole River (40.2907, -
124.1115); Westlund Creek (40.2333, -124.0336); Woods creek (40.2235, -
124.1574); Yew Creek (40.0019, -123.9743).
    (7) Mendocino Coast Hydrologic Unit 1113--(i) Wages Creek 
Hydrologic Sub-area 111312. Outlet(s) = Wages Creek (Lat 39.6513, Long 
-123.7851)

[[Page 71927]]

upstream to endpoint(s) in: Wages Creek (39.6393, -123.7146).
    (ii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = Ten 
Mile River (Lat 39.5529, Long -123.7658) upstream to endpoint(s) in: 
Middle Fork Ten Mile River (39.5397, -123.5523); Little North Fork Ten 
Mile River (39.6188, -123.7258); Ten Mile River (39.5721, -123.7098); 
South Fork Ten Mile River (39.4927, -123.6067); North Fork Ten Mile 
River (39.5804, -123.5735).
    (iii) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Noyo River 
(Lat 39.4274, Long -123.8096) upstream to endpoint(s) in: North Fork 
Noyo River (39.4541, -123.5331); Noyo River (39.431, -123.494); South 
Fork Noyo River (39.3549, -123.6136).
    (iv) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River 
(Lat 39.3030, Long -123.7957) upstream to endpoint(s) in: Big River 
(39.3095, -123.4454).
    (v) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion 
River (Lat 39.2253, Long -123.7679) upstream to endpoint(s) in: Albion 
River (39.2644, -123.6072); North Fork Albion River (39.2827, -
123.607).
    (vi) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro 
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Navarro 
River (39.0534); Rancheria Creek (38.9689, -123.4169).
    (vii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia 
River (Lat 38.9455, Long -123.7257) upstream to endpoint(s) in: Garcia 
River (38.9160, -123.4900).
    (8) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic 
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -
123.1289) upstream to endpoint(s) in: Austin Creek (38.5099, -
123.0681); Mark West Creek (38.4961, -122.8489).
    (ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin 
Creek (Lat 38.5099, Long -123.0681) upstream to endpoint(s) in: Austin 
Creek (38.5326, -123.0844).
    (iii) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West 
Creek (Lat 38.4961, Long -122.8489) upstream to endpoint(s) in: Mark 
West Creek (38.4526, -122.8347).
    (iv) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek 
(Lat 38.5861, Long -122.8573) upstream to endpoint(s) in: Dry Creek 
(38.7179, -123.0075).
    (v) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian 
River (Lat 38.6132, Long -122.8321) upstream.
    (vi) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River 
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Feliz Creek 
(38.9941, -123.1779).
    (vii) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = 
Russian River (Lat 39.2257, Long -123.2012) upstream to endpoint(s) in: 
Forsythe Creek (39.2780, -123.2608); Russian River (39.3599, -
123.2326).
    (9) Maps of proposed critical habitat for the California Coast 
chinook salmon ESU follow:

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BILLING CODE 3510-22-C
    (g) Northern California O. mykiss (Oncorhynchus mykiss). Critical 
habitat is proposed to include the areas defined in the following 
units:

[[Page 71936]]

    (1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Boat Creek (Lat 41.4059, Long --124.0675); 
Home Creek (41.4027, -124.0683); Redwood Creek (41.2923, -124.0917); 
Squashan Creek (41.389, -124.0703) upstream to endpoint(s) in: Boat 
Creek (41.4110, -124.0583); Bond Creek (41.2326, -124.0262); Boyes 
Creek (41.3701, -124.9891); Bridge Creek (41.1694, -123.9964); Brown 
Creek (41.3986, -124.0012); Cloquet Creek (41.2456, -124.0116); Cole 
Creek (41.2187, -124.0087); Copper Creek (41.1516, -123.9258); Dolason 
Creek (41.1969, -123.9667); Elam Creek (41.2613, -124.0321); Emerald 
Creek (41.2164, -123.9808); Forty Four Creek (41.2187, -124.0195); Gans 
South Creek (41.2617, -124.0157); Godwood Creek (41.3787, -124.0354); 
Hayes Creek (41.2889, -124.0295); Home Creek (41.3951, -124.0386); 
Larry Dam Creek (41.3441, -123.9966); Little Lost Man Creek (41.3078, -
124.0084); Lost Man Creek (41.3187, -123.9892); May Creek (41.3521, -
124.0164); McArthur Creek (41.2702, -124.0427); Miller Creek (41.2290, 
-124.0116); North Fork Lost Man Creek (41.3405, -123.9859); Oscar 
Larson Creek (41.2559, -123.9943); Prairie Creek (41.4440, -124.0411); 
Redwood Creek (41.1367, -123.9309); Skunk Cabbage Creek (41.3211, -
124.0802); Slide Creek (41.1736, -123.9450); Squashan Creek (41.3739, -
124.0440); Streelow Creek (41.3622, -124.0472); Tom McDonald Creek 
(41.1933, -124.0164); Unnamed Tributary (41.3619, -123.9967); Unnamed 
Tributary (41.3424, -124.0572).
    (ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek 
(Lat 41.1367, Long --123.9309) upstream to endpoint(s) in: Beaver Creek 
(41.0208, -123.8608); Captain Creek (40.9199, -123.7944); Cashmere 
Creek (41.0132, -123.8862); Coyote Creek (41.1249, -123.8796); Devils 
Creek (41.1224, -123.9384); Garcia Creek (41.0180, -123.8923); Garrett 
Creek (41.0904, -123.8712); Karen Court Creek (41.0368, -123.8953); 
Lacks Creek (41.0306, -123.8096); Loin Creek (40.9465, -123.8454); 
Lupton Creek (40.9058, -123.8286); Mill Creek (41.0045, -123.8525); 
Minor Creek (40.9706, -123.7899); Molasses Creek (40.9986, -123.8490); 
Moon Creek (40.9807, -123.8368); Panther Creek (41.0732, -123.9275); 
Pilchuck Creek (41.9986, -123.8710); Roaring Gulch (41.0319, -
123.8674); Santa Fe Creek (40.9368, -123.8397); Sweathouse Creek 
(40.9332, -123.8131); Toss-Up Creek (40.9845, -123.8656); Wiregrass 
Creek (40.9652, -123.8553).
    (iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood 
Creek (Lat 40.9070, Long --123.8170) upstream to endpoint(s) in: 
Bradford Creek (40.7812, -123.7215); Cut-Off Meander (40.8507, -
123.7729); Emmy Lou Creek (40.8655, -123.7771); Gunrack Creek (40.8391, 
-123.7650); High Prairie Creek (40.8191, -123.7723); Jena Creek 
(40.8742, -123.8065); Lake Prairie Creek (40.7984, -123.7558); Lupton 
Creek (40.9069, -123.8172); Minon Creek (40.8140, -123.7372); Noisy 
Creek (40.8613, -123.8044); Pardee Creek (40.7779, -123.7416); Redwood 
Creek (40.7432, -123.7206); Simion Creek (40.8241, -123.7560); Six 
Rivers Creek (40.8352, -123.7842); Smokehouse Creek (40.7405, -
123.7278); Snowcamp Creek (40.7415, -123.7296); Squirrel Trail Creek 
(40.8692, -123.7844); Twin Lakes Creek (40.7369, -123.7214); Panther 
Creek (40.8019, -123.7094); Windy Creek (40.8866, -123.7956).
    (2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long --124.1380); 
McDonald Creek (41.2521, -124.0919) upstream to endpoint(s) in: Beach 
Creek (41.0716, -124.0239); Clear Creek (41.1031, -124.0030); Diamond 
Creek (41.1571, -124.0926); Maple Creek (41.0836, -123.9790); McDonald 
Creek (41.1850, -124.0773); M-Line Creek (41.0752, -124.0787); North 
Fork McDonald Creek (41.2107, -124.0664); North Fork of Maple Creek 
(41.1254, -124.0539); Pitcher Creek (41.1521, -124.0897); South Fork 
Maple Creek (41.1003, -124.1119); Tom Creek (41.1773, -124.0966); 
Unnamed Tributary (41.1004, -124.0155); Unnamed Tributary (41.0780, -
124.0676); Unnamed Tributary (41.1168, -124.0886); Unnamed Tributary 
(41.0851, -124.0966); Unnamed Tributary (41.1132, -124.0827); Unnamed 
Tributary (41.0749, -124.0889); Unnamed Tributary (41.1052, -124.0675); 
Unnamed Tributary (41.0714, -124.0611); Unnamed Tributary (41.0948, -
124.0016).
    (ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little 
River (Lat 41.0277, Long --124.1112) upstream to endpoint(s) in: South 
Fork Little River (40.9899, -124.0394); Freeman Creek (41.0283, -
124.0585); Little River (41.0530, -123.9689); Lower South Fork Little 
River (40.9893, -124.0007); Railroad Creek (41.0468, -124.0466); 
Strawberry Creek (40.9963, -124.1155); Unnamed Tributary (41.0356, -
123.9958); Unnamed Tributary (41.0407, -124.0598); Unnamed Tributary 
(41.0068, -123.9830); Unnamed Tributary (41.0365, -124.0361); Unnamed 
Tributary (41.0444, -124.0194); Unnamed Tributary (41.0431, -124.0125); 
Upper South Fork Little River (41.0131, -123.9852).
    (3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long --124.0642); 
Strawberry Creek (40.9964, -124.1155); Widow White Creek (40.9635, -
124.1253) upstream to endpoint(s) in: Boundary Creek (40.8395, -
123.9920); Grassy Creek (40.9314, -124.0188); Hall Creek (40.9162, -
124.0141); Kelly Creek (40.8656, -124.0260); Leggit Creek (40.8808, -
124.0269); Lindsay Creek (40.9838, -124.0283); Mather Creek (40.9796, -
124.0526); Mill Creek (40.9296, -124.1037); Mill Creek (40.8521, -
123.9617); North Fork Mad River (40.8687, -123.9649); Norton Creek 
(40.9572, -124.1003); Palmer Creek (40.8633, -124.0193); Puter Creek 
(40.8474, -123.9966); Quarry Creek (40.8526, -124.0098); Squaw Creek 
(40.9426, -124.0202); Strawberry Creek (40.9761, -124.0630); Unnamed 
Tributary (40.9624, -124.0179); Unnamed Tribitary (40.9713, -124.0477); 
Unnamed Tributary (40.9549, -124.0554); Unnamed Tributary (40.9672, -
124.0218); Warren Creek (40.8860, -124.0351); Widow White Creek 
(40.9522, -124.0784).
    (ii) North Fork Mad River Hydrologic Sub-area 110920. Outlet(s) = 
North Fork Mad River (Lat 40.8687, Long -123.9649) upstream to 
endpoint(s) in: Bald Mountain Creek (40.8922, -123.9097); Denman Creek 
(40.9293, -123.9429); East Fork North Fork (40.9702, -123.9449); 
Gosinta Creek (40.9169, -123.9420); Hutchery Creek (40.8712, -
123.9450); Jackson Creek (40.9388, -123.9462); Krueger Creek (40.9505, 
-123.9611); Long Prairie Creek (40.9235, -123.8945); Mule Creek 
(40.9416, -123.9309); North Fork Mad River (40.9918, -123.9610); Pine 
Creek (40.9299, -123.9114); Pollock Creek (40.9081, -123.9071); 
Sullivan Gulch (40.8512, -123.9401); Tyson Creek (40.9559, -123.9738); 
Unnamed Tributary (40.9879, -123.9511); Unnamed Tributary (40.9906, -
123.9540); Unnamed Tributary (40.9294, -123.8842); Unnamed Tributary 
(40.9866, -123.9788); Unnamed Tributary (40.9927, -123.9736).
    (iii) Butler Valley Hydrologic Sub-area 110930. Outlet(s) = Mad 
River (Lat 40.8449, Long -123.9807) upstream to endpoint(s) in: Bear 
Creek (40.5468, -123.6728); Black Creek (40.7521,

[[Page 71937]]

-123.9080); Black Dog Creek (40.8334, -123.9805); Blue Slide Creek 
(40.7333, -123.9225); Boulder Creek (40.7634, -123.8667); Bug Creek 
(40.6587, -123.7356); Cannon Creek (40.8535, -123.8850); Coyote Creek 
(40.6147, -123.6488); Devil Creek (40.8032, -123.9175); Dry Creek 
(40.8218, -123.9751); East Creek (40.5403, -123.5579); Maple Creek 
(40.7933, -123.8353); Pilot Creek (40.5950, -123.5888); Simpson Creek 
(40.8138, -123.9156); Unnamed Tributary (40.7306, -123.9019); Unnamed 
Tributary (40.7739, -123.9255); Unnamed Tributary (40.7744, -123.9137); 
Unnamed Tributary (40.8029, -123.8716); Unnamed Tributary (40.8038, -
123.8691); Unnamed Tributary (40.8363, -123.8973).
    (4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic 
Sub-area 111000. Outlet(s) = Elk River (Lat 40.7568, Long -124.1948); 
Freshwater Creek (40.8088, -124.1442); Jacoby Creek (40.8436, -
124.0834); Mad River (40.9560, -124.1278); Rocky Gulch (40.8309, -
124.0813); Salmon Creek (40.6868, -124.2194); Washington Gulch 
(40.8317, -124.0805) upstream to endpoint(s) in: Bridge Creek (40.6958, 
-124.0805); Browns Gulch (40.7038, -124.1074); Clapp Gulch (40.6967, -
124.1684); Cloney Gulch (40.7826, -124.0347); Doe Creek (40.6964, -
124.0201); Dunlap Gulch (40.7076, -124.1182); Falls Gulch (40.7655, -
124.0261); Fay Slough (40.8033, -124.0574); Freshwater Creek (40.7385, 
-124.0035); Golf Course Creek (40.8406, -124.0402); Graham Gulch 
(40.7540, -124.0228); Guptil Gulch (40.7530, -124.1202); Henderson 
Gulch (40.7357, -124.1394); Jacoby Creek (40.7951, -124.0087); Lake 
Creek (40.6848, -124.0831); Line Creek (40.6578, -124.0460); Little 
Freshwater Creek (40.7371, -124.0649); Little North Fork Elk River 
(40.6972, -124.0100); Little South Fork Elk River (40.6555, -124.0877); 
Martin Slough (40.7679, -124.1578); McCready Gulch (40.7824, -
124.0441); McWinney Creek (40.6968, -124.0616); Morrison Gulch 
(40.8105, -124.0437); North Branch of the North Fork Elk River 
(40.6879, -124.0130); North Fork Elk River (40.6794-123.9834); Railroad 
Gulch (40.6955, -124.1545); Rocky Gulch (40.8079, -124.0528); Ryan 
Creek (40.7352, -124.0996); Salmon Creek (40.6438, -124.1318); South 
Branch of the North Fork Elk River (40.6700, -124.0251); South Fork 
Freshwater Creek (40.7110, -124.0367); South Fork Elk River (40.6437, -
124.0388); Swain Slough (40.7524, -124.1825); Tom Gulch (40.6794, -
124.1452); Unnamed Tributary (40.7850, -124.0561); Unnamed Tributary 
(40.7496, -124.1651); Unnamed Tributary (40.7785,--124.1081); Unnamed 
Tributary (40.7667, -124.1054); Unnamed Tributary (40.7559, -124.0870); 
Unnamed Tributary (40.7952, -124.0568); Unnamed Tributary (40.7408, -
124.1118); Unnamed Tributary (40.7186, -124.1385); Unnamed Tributary 
(40.7224, -124.1038); Unnamed Tributary (40.8194, -124.0305); Unnamed 
Tributary (40.8106, -124.0083); Unnamed Tributary (40.7585, -124.1456); 
Unnamed Tributary (40.7457, -124.1138); Unnamed Tributary (40.8085, -
124.0713); Unnamed Tributary (40.6634, -124.1193); Unnamed Tributary 
(40.7576, -124.1576); Washington Gulch (40.8116, -124.0491).
    (5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-
area 111111. Outlet(s) = Eel River (Lat 40.6275, Long -124.2520) 
upstream to endpoint(s) in: Atwell Creek (40.4824, -124.1498); Dean 
Creek (40.4847, -124.1217); Horse Creek (40.5198, -124.1702); House 
Creek (40.4654, -124.1916); Howe Creek (40.4956, -124.1690); Nanning 
Creek (40.4914, -124.0652); North Fork Strongs Creek (40.6077, -
124.1047); Price Creek (40.5101, -124.2731); Rohner Creek (40.6151, -
124.1408); Strongs Creek (40.5999, -124.0985); Sweet Creek (40.4900, -
124.2007); Van Duzen River (40.5337, -124.1262).
    (ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat 
40.4918, Long -124.0988) upstream to endpoint(s) in: Bear Creek 
(40.3942, -124.0262); Bridge Creek (40.4278, -123.9317); Chadd Creek 
(40.3919, -123.9540); Darnell Creek (40.4533, -123.9808); Dinner Creek 
(40.4406, -124.0855); Greenlaw Creek (40.4315, -124.0231); Jordan Creek 
(40.4171, -124.0517); Kiler Creek (40.4465, -124.0952); Larabee Creek 
(40.4089, -123.9331); Monument Creek (40.4371, -124.1165); Shively 
Creek (40.4454, -123.9539); South Fork Bear Creek (40.3856, -124.0182); 
South Fork Eel River (40.3558, -123.9194); Stitz Creek (40.4649, -
124.0531); Twin Creek (40.4419, -124.0714); Unnamed Tributary (40.3933, 
-123.9984); Weber Creek (40.3767, -123.9094).
    (iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee 
Creek (Lat 40.4089, Long -123.9331) upstream to endpoint(s) in: Arnold 
Creek (40.4006, -123.8583); Balcom Creek (40.4030, -123.8986); Bosworth 
Creek (40.3584, -123.7089); Boulder Flat Creek (40.3530, -123.6381); 
Burr Creek (40.4250, -123.7767); Carson Creek (40.4181, -123.8879); 
Chris Creek (40.4146, -123.9235); Cooper Creek (40.3123, -123.6463); 
Dauphiny Creek (40.4049, -123.8893); Frost Creek (40.3765, -123.7357); 
Hayfield Creek (40.3350, -123.6535); Knack Creek (40.3788, -123.7385); 
Larabee Creek (40.2807, -123.6445); Martin Creek (40.3730, -123.7060); 
Maxwell Creek (40.3959, -123.8049); McMahon Creek (40.3269, -123.6363); 
Mill Creek (40.3849, -123.7440); Mountain Creek (40.2955, -123.6378); 
Scott Creek (40.4020, -123.8738); Smith Creek (40.4194, -123.8568); 
Thurman Creek (40.3506, -123.6669); Unnamed Tributary (40.3842, -
123.8062); Unnamed Tributary (40.3982, -123.7862); Unnamed Tributary 
(40.3806, -123.7564); Unnamed Tributary (40.3661, -123.7398); Unnamed 
Tributary (40.3524, -123.7330).
    (iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen 
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in: 
Cuddeback Creek (40.5421, -124.0263); Cummings Creek (40.5282, -
123.9770); Fiedler Creek (40.5351, -124.0106); Hely Creek (40.5165, -
123.9531); Yager Creek (40.5583, -124.0577); Unnamed Tributary 
(40.5718, -124.0946); Unnamed Tributary (40.4915, -124.0000).
    (v) Bridgeville Hydrologic Sub-area 111122. Outlet(s) = Van Duzen 
River (Lat 40.4942, Long -123.9720) upstream to endpoint(s) in: Bear 
Creek (40.3455, -123.5763); Blanket Creek (40.3635, -123.5710); Browns 
Creek (40.4958, -123.8103); Butte Creek (40.4119, -123.7047); Dairy 
Creek (40.4174, -123.5981); Fish Creek (40.4525, -123.8434); Grizzly 
Creek (40.5193, -123.8470); Little Larabee Creek (40.4708, -123.7395); 
Little Van Duzen River (40.3021, -123.5540); North Fork Van Duzen 
(40.4881, -123.6411); Panther Creek (40.3921, -123.5866); Root Creek 
(40.4490, -123.9018); Stevens Creek (40.5062, -123.9073); Thompson 
Creek (40.4222, -123.6084); Van Duzen River (40.4820, -123.6629); 
Unnamed Tributary (40.4932, -123.9120); Unnamed Tributary (40.4724, -
123.8836); Unnamed Tributary (40.4850, -123.8468); Unnamed Tributary 
(40.3994, -123.6821); Unnamed Tributary (40.3074, -123.5834).
    (vi) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager 
Creek (Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Bell 
Creek (40.6809, -123.9685); Blanten Creek (40.5839, -124.0165); Booths 
Run (40.6584,

[[Page 71938]]

-123.9428); Corner Creek (40.6179, -124.0010); Fish Creek (40.6390, -
124.0024); Yager Creek (40.5673, -123.9403); Lawrence Creek (40.6986, -
123.9314); Middle Fork Yager Creek (40.5782, -123.9243); North Fork 
Yager Creek (40.6056, -123.9080); Shaw Creek (40.6231, -123.9509); 
South Fork Yager Creek (40.5451, -123.9409); Unnamed Tributary 
(40.5892, -123.9663); Unnamed Tributary (40.5891, -124.0608).
    (vii) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel 
River (Lat 40.3500, Long --123.9305) upstream to endpoint(s) in: Albee 
Creek (40.3592, -124.0088); Bridge Creek (40.2960, -123.8561); Bull 
Creek (40.3587, -123.9624); Burns Creek (40.3194, -124.0420); Butte 
Creek (40.1982, -123.8387); Canoe Creek (40.2669, -123.9556); Coon 
Creek (40.2702, -123.9013); Cow Creek (40.2664, -123.9838); Cuneo Creek 
(40.3401, -124.0494); Decker Creek (40.3312, -123.9501); Elk Creek 
(40.2609, -123.7957); Fish Creek (40.2459, -123.7729); Harper Creek 
(40.3591, -123.9930); Mill Creek (40.3568, -124.0333); Mowry Creek 
(40.2937, -123.8895); North Fork Cuneo Creek (40.3443, -124.0488); 
Ohman Creek (40.1924, -123.7648); Panther Creek (40.2775, -124.0289); 
Preacher Gulch (40.2944, -124.0047); Salmon Creek (40.2145, -123.8926); 
Slide Creek (40.3011, -124.0390); South Fork Salmon Creek (40.1769, -
123.8929); Squaw Creek (40.3167, -123.9988); Unnamed Tributary 
(40.3065, -124.0074); Unnamed Tributary (40.2831, -124.0359).
    (viii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork 
Eel River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in: 
Anderson Creek (39.9325, -123.8928); Bear Creek (39.7885, -123.7620); 
Bear Pen Creek (39.9201, -123.7986); Bear Wallow Creek (39.7270, -
123.7140); Big Dan Creek (39.8430, -123.6992); Bond Creek (39.7778, -
123.7060); Bridges Creek (39.9087, -123.7142); Buck Mountain Creek 
(40.0944, -123.7423); Butler Creek (39.7423, -123.6987); Cedar Creek 
(39.8834, -123.6216); China Creek (40.1035, -123.9493); Connick Creek 
(40.0912, -123.8154); Couborn Creek (39.9820, -123.8973); Cox Creek 
(40.0310, -123.8398); Cruso Cabin Creek (39.9281, -123.5842); Dean 
Creek (40.1342, -123.7363); Durphy Creek (40.0205, -123.8271); East 
Branch South Fork Eel River (39.9359, -123.6204); Elkhorn Creek 
(39.9272, -123.6279); Fish Creek (40.0390, -123.7630); Hartsook Creek 
(40.0081, -123.8113); Hollow Tree Creek (39.7250, -123.6924); 
Huckleberry Creek (39.7292, -123.7275); Indian Creek (39.9470, -
123.9008); Islam John Creek (39.8062, -123.7363); Jones Creek (39.9958, 
-123.8374); Leggett Creek (40.1470, -123.8375); Little Sproul Creek 
(40.0890, -123.8577); Lost Man Creek (39.7983, -123.7287); Low Gap 
Creek (39.8029, -123.6803); Low Gap Creek (39.9933, -123.7601); McCoy 
Creek (39.9572, -123.7369); Michael's Creek (39.7665, -123.7035); 
Middle Creek (39.8052, -123.7691); Milk Ranch Creek (40.0102, -
123.7514); Mill Creek (39.8673, -123.7605); Miller Creek (40.1319, -
123.9302); Mitchell Creek (39.7350, -123.6862); Moody Creek (39.9471, -
123.8827); Mule Creek (39.8169, -123.7745); North Fork Cedar Creek 
(39.8864, -123.6363); North Fork McCoy Creek (39.9723, -123.7496); 
North Fork Standley Creek (39.9442, -123.8330); Ohman Creek (40.1929, -
123.7687); Piercy Creek (39.9597, -123.8442); Pollock Creek (40.0802, -
123.9341); Rattlesnake Creek (39.7912, -123.5428); Red Mountain Creek 
(39.9363, -123.7203); Redwood Creek (39.7723, -123.7648); Redwood Creek 
(40.0974, -123.9104); Rock Creek (39.8962, -123.7065); Sebbas Creek 
(39.9934, -123.8903); Somerville Creek (40.1006, -123.8884); South Fork 
Mule Creek (39.8174, -123.7788); South Fork Redwood Creek (39.7662, -
123.7579); Sproul Creek (40.0226, -123.8649); Squaw Creek (40.0760, -
123.7257); Standly Creek (39.9327, -123.8309); Tom Long Creek (40.0175, 
-123.6551); Waldron Creek (39.7469, -123.7465); Walter's Creek 
(39.7921, -123.7250); Warden Creek (40.0629, -123.8551); West Fork 
Sproul Creek (40.0587, -123.9170); Wildcat Creek (39.8956, -123.7820); 
Wilson Creek (39.8362, -123.6345); Unnamed tributary (39.9927, -
123.8807).
    (ix) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South Fork 
Eel River (Lat 39.7665, Long -123.6484) upstream to endpoint(s) in: 
Bear Creek (39.6446, -123.5766); Big Rick Creek (39.7117, -123.5512); 
Cahto Creek (39.6527, -123.5579); Dark Canyon Creek (39.7333, -
123.6614); Dutch Charlie Creek (39.6843, -123.7023); Elder Creek 
(39.7234, -123.6192); Fox Creek (39.7441, -123.6142); Grub Creek 
(39.7777, -123.5809); Jack of Hearts Creek (39.7136, -123.6896); Kenny 
Creek (39.6838, -123.5929); Little Case Creek (39.6892, -123.5441); 
Mill Creek (39.6839, -123.5118); Mud Creek (39.6713, -123.5741); Mud 
Springs Creek (39.6929, -123.5629); Redwood Creek (39.6545, -123.6753); 
Rock Creek (39.6922, -123.6090); Section Four Creek (39.6137, -
123.5297); South Fork Eel River (39.6242, -123.5468); Streeter Creek 
(39.7340, -123.5606); Ten Mile Creek (39.6652, -123.4486); Unnamed 
Tributary (39.7004, -123.5678).
    (x) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat 
40.3557, Long -123.9191) upstream to endpoint(s) in: Beatty Creek 
(40.3198, -123.7500); Brock Creek (40.2410, -123.7246); Cameron Creek 
(40.3313, -123.7707); Kapple Creek (40.3531, -123.8585); Dobbyn Creek 
(40.2216, -123.6029); Mud Creek (40.2078, -123.5143); North Fork Dobbyn 
Creek (40.2669, -123.5467); Sonoma Creek (40.2974, -123.7953); South 
Fork Dobbyn Creek (40.1723, -123.5112); Line Gulch Creek (40.1640, -
123.4783); South Fork Eel River (40.3500, -123.9305); South Fork 
Thompson Creek (40.3447, -123.8334); Thompson Creek (40.3552, -
123.8417); Unnamed Tributary (40.2745, -123.5487).
    (xi) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River 
(Lat 40.1736, Long -123.6043) upstream to endpoint(s) in: Bear Pen 
Canyon (39.6943, -123.4359); Bell Springs Creek (39.9457, -123.5313); 
Blue Rock Creek (39.8937, -123.5018); Burger Creek (39.6693, -
123.4034); Chamise Creek (40.0035, -123.5945); Gill Creek (39.7879, -
123.3465); Iron Creek (39.7993, -123.4747); Jewett Creek (40.1122, -
123.6171); Kekawaka Creek (40.0686, -123.4087); Rock Creek (39.9347, -
123.5187); Shell Rock Creek (39.8414, -123.4614); Unnamed Tributary 
(39.7579, -123.4709); White Rock Creek (39.7646, -123.4684); Woodman 
Creek (39.7612, -123.4364).
    (xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet 
Creek (Lat 39.4248, Long -123.3453) upstream to endpoint(s) in: 
Baechtel Creek (39.3623, -123.4143); Berry Creek (39.4271, -123.2777); 
Bloody Run Creek (39.5864, -123.3545); Broaddus Creek (39.3869, -
123.4282); Cherry Creek (39.6043, -123.4073); Conklin Creek (39.3756, -
123.2570); Davis Creek (39.3354, -123.2945); Haehl Creek (39.3735, -
123.3172); Long Valley Creek (39.6246, -123.4651); Mill Creek (39.4196, 
-123.3919); Outlet Creek (39.4526, -123.3338); Ryan Creek (39.4804, -
123.3644); Unnamed Tributary (39.4956, -123.3591); Unnamed Tributary 
(39.4322, -123.3848); Unnamed Tributary (39.5793, -123.4546); Unnamed 
Tributary (39.3703, -123.3419); Upp Creek (39.4479, -123.3825); Willts 
Creek (39.4445, -123.3898).
    (xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel 
River (Lat 39.7138, Long -123.3532) upstream to endpoint(s) in: Cave 
Creek (39.3842, -123.2148); Dean Creek (39.6924, -123.3727); Garcia 
Creek (39.5153, -123.1512); Little Cave Creek (39.3915,

[[Page 71939]]

-123.2462); Little Creek (39.4146, -123.2595); Long Branch Creek 
(39.4074, -123.1897); Outlet Creek (39.6263, -123.3453); Rocktree Creek 
(39.4534, -123.3053); Salmon Creek (39.4367, -123.1939); Scott Creek 
(39.4492, -123.2286); String Creek (39.4658, -123.3206); Tarter Creek 
(39.4715, -123.2976); Thomas Creek (39.4768, -123.1230); Tomki Creek 
(39.5483, -123.3687); Unnamed Tributary (39.5064, -123.3574); Whitney 
Creek (39.4399, -123.1084); Wheelbarrow Creek (39.4851, -123.3391).
    (xiv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle 
Fork Eel River (Lat 39.7136, Long -123.3530) upstream to endpoint(s) 
in: Black Butte River (39.8238, -123.0877); Crocker Creek (39.5559, -
123.0409); Eden Creek (39.5992, -123.1746); Elk Creek (39.5371, -
123.0101); Hayshed Creek (39.7082, -123.0967); Mill Creek (39.7398, -
123.1431); Salt Creek (39.6765, -123.2740); Sportsmans Creek (39.5373, 
-123.0247); Sulper Springs (39.5536, -123.0365); Thatcher Creek 
(39.6686, -123.0639); Williams Creek (39.8147, -123.1335).
    (xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill 
Creek (Lat 39.7398, Long -123.1431); Williams Creek (39.8147, -
123.1335) upstream to endpoint(s) in: Cold Creek (39.8714, -123.2991); 
Grist Creek (39.7640, -123.2883); Mill Creek (39.8481, -123.2896); 
Murphy Creek (39.8885, -123.1612); Short Creek (39.8703, -123.2352); 
Town Creek (39.7991, -123.2889); Turner Creek (39.7218, -123.2175); 
Williams Creek (39.8903, -123.1212); Unnamed Tributary (39.7428, -
123.2757); Unnamed Tributary (39.7493, -123.2584).
    (xvi) Black Butte River Hydrologic Sub-area 111173. Outlet(s) = 
Black Butte River (Lat 39.8234, Long -123.0862) upstream to endpoint(s) 
in: Black Butte River (39.5946, -122.8579); Buckhorn Creek (39.6563, -
122.9225); Cold Creek (39.6960, -122.9063); Estell Creek (39.5966, -
122.8224); Spanish Creek (39.6287, -122.8331).
    (xvii) Wilderness Hydrologic Sub-area 111174. Outlet(s) = Middle 
Fork Eel River (Lat 39.8240, Long -123.0877) upstream to endpoint(s) 
in: Beaver Creek (39.9352, -122.9943); Fossil Creek (39.9447, -
123.0403); Middle Fork Eel River (40.0780, -123.0442); North Fork 
Middle Fork Eel River (40.0727, -123.1364); Palm of Gileade Creek 
(40.0229, -123.0647); Pothole Creek (39.9347, -123.0440).
    (6) Cape Mendocino Hydrologic Unit 1112--(i) Oil Creek Hydrologic 
Sub-area 111210. Outlet(s) = Guthrie Creek (Lat 40.5407, Long -
124.3626); Oil Creek (40.5195, -124.3767) upstream to endpoint(s) in: 
Guthrie Creek (40.5320, -124.3128); Oil Creek (40.5061, -124.2875); 
Unnamed Tributary (40.4946, -124.3091); Unnamed Tributary (40.4982, -
124.3549); Unnamed Tributary (40.5141, -124.3573); Unnamed Tributary 
(40.4992, -124.3070).
    (ii) Capetown Hydrologic Sub-area 111220. Outlet(s) = Bear River 
(Lat 40.4744, Long -124.3881); Davis Creek (40.3850, -124.3691); 
Singley Creek (40.4311, -124.4034) upstream to endpoint(s) in: Antone 
Creek (40.4281, -124.2114); Bear River (40.3591, -124.0536); Beer 
Bottle Gulch (40.3949, -124.1410); Bonanza Gulch (40.4777, -124.2966); 
Brushy Creek (40.4102, -124.1050); Davis Creek (40.3945, -124.2912); 
Harmonica Creek (40.3775, -124.0735); Hollister Creek (40.4109, -
124.2891); Nelson Creek (40.3536, -124.1154); Peaked Creek (40.4123, -
124.1897); Pullen Creek (40.4057, -124.0814); Singley Creek (40.4177, -
124.3305); South Fork Bear River (40.4047, -124.2631); Unnamed 
Tributary (40.4271, -124.3107); Unnamed Tributary (40.4814, -124.2741); 
Unnamed Tributary (40.3633, -124.0651); Unnamed Tributary (40.3785, -
124.0599); Unnamed Tributary (40.4179, -124.2391); Unnamed Tributary 
(40.4040, -124.0923); Unnamed Tributary (40.3996, -124.3175); Unnamed 
Tributary (40.4045, -124.0745); Unnamed Tributary (40.4668, -124.2364); 
Unnamed Tributary (40.4389, -124.2350); Unnamed Tributary (40.4516, -
124.2238); Unnamed Tributary (40.4136, -124.1594); Unnamed Tributary 
(40.4350, -124.1504); Unnamed Tributary (40.4394, -124.3745); West Side 
Creek (40.4751, -124.2432).
    (iii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Big 
Creek (Lat 40.1567, Long -124.2114); Big Flat Creek (40.1275, -
124.1764); Buck Creek (40.1086, -124.1218); Cooskie Creek (40.2192, -
124.3105); Fourmile Creek (40.256, -124.3578); Gitchell Creek (40.0938, 
-124.1023); Horse Mountain Creek (40.0685, -124.0822); Kinsey Creek 
(40.1717, -124.2310); Mattole River (40.2942, -124.3536); McNutt Gulch 
(40.3541, -124.3619); Oat Creek (40.1785, -124.2445); Randall Creek 
(40.2004, -124.2831); Shipman Creek (40.1175, -124.1449); Spanish Creek 
(40.1835, -124.2569); Telegraph Creek (40.0473, -124.0798); Whale Gulch 
(39.9623, -123.9785) upstream to endpoint(s) in: Anderson Creek 
(40.0329, -123.9674); Baker Creek (40.0143, -123.9048); Bear Creek 
(40.1262, -124.0631); Bear Creek (40.2819, -124.3336); Bear Trap Creek 
(40.2157, -124.1422); Big Creek (40.1742, -124.1924); Big Finley Creek 
(40.0910, -124.0179); Big Flat Creek (40.1444, -124.1636); Blue Slide 
Creek (40.1562, -123.9283); Box Canyon Creek (40.1078, -123.9854); 
Bridge Creek (40.0447, -124.0118); Buck Creek (40.1166, -124.1142); 
Conklin Creek (40.3197, -124.2055); Cooskie Creek (40.2286, -124.2986); 
Devils Creek (40.3432, -124.1365); Dry Creek (40.2646, -124.0660); East 
Branch North Fork Mattole River (40.3333, -124.1490); East Fork 
Honeydew Creek (40.1625, -124.0929); Eubank Creek (40.0997, -123.9661); 
Fire Creek (40.1533, -123.9509); Fourmile Creek (40.2604, -124.3079); 
Fourmile Creek (40.1767, -124.0759); French Creek (40.1384, -124.0072); 
Gibson Creek (40.0304, -123.9279); Gilham Creek (40.2078, -124.0085); 
Gitchell Creek (40.1086, -124.0947); Green Ridge Creek (40.3254, -
124.1258); Grindstone Creek (40.2019, -123.9890); Harris Creek 
(40.0381, -123.9304); Harrow Creek (40.1612, -124.0292); Helen Barnum 
Creek (40.0036, -123.9101); Honeydew Creek (40.1747, -124.1410); Horse 
Mountain Creek (40.0769, -124.0729); Indian Creek (40.2772, -124.2759); 
Jewett Creek (40.1465, -124.0414); Kinsey Creek (40.1765, -124.2220); 
Lost Man Creek (39.9754, -123.9179); Mattole Canyon (40.2021, -
123.9570); Mattole River (39.9714, -123.9623); McGinnis Creek (40.3186, 
-124.1801); McKee Creek (40.0864, -123.9480); McNutt Gulch (40.3458, -
124.3418); Middle Creek (40.2591, -124.0366); Mill Creek (40.0158, -
123.9693); Mill Creek (40.3305, -124.2598); Mill Creek (40.2839, -
124.2946); Nooning Creek (40.0616, -124.0050); North Fork Mattole River 
(40.3866, -124.1867); North Fork Bear Creek (40.1494, -124.1060); North 
Fork Fourmile Creek (40.2019, -124.0722); Oat Creek (40.1884, -
124.2296); Oil Creek (40.3214, -124.1601); Painter Creek (40.0844, -
123.9639); Prichett Creek (40.2892, -124.1704); Randall Creek (40.2092, 
-124.2668); Rattlesnake Creek (40.3250, -124.0981); Shipman Creek 
(40.1250, -124.1384); Sholes Creek (40.1603, -124.0619); South Branch 
West Fork Bridge Creek (40.0326, -123.9853); South Fork Bear Creek 
(40.0176, -124.0016); Spanish Creek (40.1965, -124.2429); Squaw Creek 
(40.1934, -124.2002); Stanley Creek (40.0273, -123.9166); Sulphur Creek 
(40.3647, -124.1586); Telegraph Creek (40.0439, -124.0640); Thompson 
Creek (39.9913, -123.9707); Unnamed Tributary

[[Page 71940]]

(40.3475, -124.1606); Unnamed Tributary (40.3522, -124.1533); Unnamed 
Tributary (40.0891, -123.9839); Unnamed Tributary (40.2223, -124.0172); 
Unnamed Tributary (40.1733, -123.9515); Unnamed Tributary (40.2899, -
124.0955); Unnamed Tributary (40.2853, -124.3227); Unnamed Tributary 
(39.9969, -123.9071); Upper East Fork Honeydew Creek (40.1759, -
124.1182); Upper North Fork Mattole River (40.2907, -124.1115); 
Vanauken Creek (40.0674, -123.9422); West Fork Bridge Creek (40.0343, -
123.9990); West Fork Honeydew Creek (40.1870, -124.1614); Westlund 
Creek (40.2440, -124.0036); Whale Gulch (39.9747, -123.9812); Woods 
Creek (40.2119, -124.1611); Yew Creek (40.0018, -123.9762).
    (7) Mendocino Coast Hydrologic Unit 1113--(i) Usal Creek Hydrologic 
Sub-area 111311. Outlet(s) = Jackass Creek (Lat 39.8806, Long -
123.9155); Usal Creek (39.8316, -123.8507) upstream to endpoint(s) in: 
Bear Creek (39.8898, -123.8344); Jackass Creek (39.8901, -123.8928); 
Little Bear Creek (39.8782, -123.8250); Waterfall Gulch (39.8725, -
123.8784); North Fork Jackass Creek (39.9095, -123.9101); North Fork 
Julias Creek (39.8634, -123.7967); Soldier Creek (39.8679, -123.8162); 
South Fork Usal Creek (39.8356, -123.7865); Julias Creek (39.8574, -
123.7912); Unnamed Tributary (39.9279, -123.8666); Unnamed Tributary 
(39.8890, -123.8480); Usal Creek (39.9160, -123.8787).
    (ii) Wages Creek Hydrologic Sub-area 111312. Outlet(s) = Cottaneva 
Creek (Lat 39.7360, Long -123.8293); Hardy Creek (39.7107, -123.8082); 
Howard Creek (39.6778, -123.7915); Juan Creek (39.7028, -123.8042); 
DeHaven Creek (39.6592, -123.7863); Wages Creek (39.6513, -123.7851) 
upstream to endpoint(s) in: Cottaneva Creek (39.7825, -123.8210); Dunn 
Creek (39.8103, -123.8320); Hardy Creek (39.7221, -123.7822); Howard 
Creek (39.6808, -123.7463); Juan Creek (39.7107, -123.7472); Kimball 
Gulch (39.7559, -123.7828); Little Juan Creek (39.7003, -123.7609); 
DeHaven Creek (39.6572, -123.7350); Middle Fork Cottaneva Creek 
(39.7738, -123.8058); North Fork Cottaneva Creek (39.8011, -123.8047); 
North Fork Dehaven Creek (39.6660, -123.7382); North Fork Wages Creek 
(39.6457, -123.7066); Rider Gulch (39.6348, -123.7621); Rockport Creek 
(39.7346, -123.8021); Slaughterhouse Gulch (39.7594, -123.7914); South 
Fork Cottaneva Creek (39.7447, -123.7773); South Fork Wages Creek 
(39.6297, -123.6862); Upper Wages Creek (39.6396, -123.6773).
    (iii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = 
Abalobadiah Creek (Lat 39.5654, Long -123.7672); Chadbourne Gulch 
(39.6133, -123.7822); Ten Mile River (39.5529, -123.7658); Seaside 
Creek (39.5592, -123.7655) upstream to endpoint(s) in: Abalobadiah 
Creek (39.5878, -123.7503); Bald Hill Creek (39.6278, -123.6461); 
Barlow Gulch (39.6044, -123.7501); Bear Pen Creek (39.5824, -123.6402); 
Booth Gulch (39.5598, -123.5908); Buckhorn Creek (39.6093, -123.6980); 
Campbell Creek (39.5053, -123.6610); Cavanough Gulch (39.6164, -
123.6853); Chadbourne Gulch (39.6190, -123.7682); Clark Fork (39.5409, 
-123.5403); Curchman Creek (39.4789, -123.6398); Gulch 11 (39.4686, -
123.5764); Gulch 19 (39.5993, -123.5730); Little Bear Haven Creek 
(39.5654, -123.6050); Little North Fork (39.6264, -123.7350); Mill 
Creek (39.5392, -123.7068); North Fork Ten Mile River (39.5870, -
123.5480); O'Conner Gulch (39.6205, -123.6655); Patsy Creek (39.5714, -
123.5669); Redwood Creek (39.5142, -123.5620); Seaside Creek (39.5612, 
-123.7501); Smith Creek (39.5251, -123.6499); South Fork Bear Haven 
Creek (39.5688, -123.6527); South Fork Ten Mile River (39.5083, -
123.5395); Ten Mile River (39.5721, -123.7098); Unnamed Tributary 
(39.5234, -123.5893); Unnamed Tributary (39.5191, -123.6263); Unnamed 
Tributary (39.5558, -123.5450); Unnamed Tributary (39.5898, -123.7657); 
Unnamed Tributary (39.5813, -123.7526); Unnamed Tributary (39.6032, -
123.5893).
    (iv) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Digger 
Creek (Lat 39.4088, Long -123.8164); Hare Creek (39.4171, -123.8128); 
Jug Handle Creek (39.3767, -123.8176); Mill Creek (39.4894, -123.7967); 
Mitchell Creek (39.3923, -123.8165); Noyo River (39.4274, -123.8096); 
Pudding Creek (39.4588, -123.8089); Virgin Creek (39.4714, -123.8045) 
upstream to endpoint(s) in: Bear Gulch (39.3881, -123.6614); Brandon 
Gulch (39.4191, -123.6645); Bunker Gulch (39.3969, -123.7153); Burbeck 
Creek (39.4354, -123.4235); Covington Gulch (39.4099, -123.7546); 
Digger Creek (39.4058, -123.8092); Duffy Gulch (39.4469, -123.6023); 
Gulch Creek (39.4441, -123.4684); Gulch Seven (39.4523, -123.5183); 
Hare Creek (39.3781, -123.6922); Hayworth Creek (39.4857, -123.4769); 
Hayshed Creek (39.4200, -123.7391); Jug Handle Creek (39.3647, -
123.7523); Kass Creek (39.4273, -123.6797); Little North Fork (39.4532, 
-123.6636); Little Valley Creek (39.5026, -123.7277); Marble Gulch 
(39.4423, -123.5479); McMullen Creek (39.4383, -123.4488); Middle Fork 
North Fork (39.4924, -123.5231); Mill Creek (39.4843, -123.7575); 
Mitchell Creek (39.3813, -123.7734); North Fork Hayworth Creek 
(39.4891, -123.5026); North Fork Noyo (39.4974, -123.5405); North Fork 
Noyo (39.4765, -123.5535); North Fork South Fork Noyo River (39.3971, -
123.6108); Noyo River (39.4242, -123.4356); Olds Creek (39.3964, -
123.4448); Parlin Creek (39.3700, -123.6111); Pudding Creek (39.4591, -
123.6516); Redwood Creek (39.4660, -123.4571); South Fork Hare Creek 
(39.3785, -123.7384); South Fork Noyo River (39.3620, -123.6188); 
Unnamed Tributary (39.4113, -123.5621); Unnamed Tributary (39.3918, -
123.6425);Unnamed Tributary (39.4168, -123.4578); Unnamed Tributary 
(39.4653, -123.7549); Unnamed Tributary (39.4640, -123.7473); Unnamed 
Tributary (39.4931, -123.7371); Unnamed Tributary (39.4922, -123.7381); 
Unnamed Tributary (39.4939, -123.7184); Unnamed Tributary (39.4158, -
123.6428); Unnamed Tributary (39.4002, -123.7347); Unnamed Tributary 
(39.3831, -123.6177); Unnamed Tributary (39.4926, -123.4764); Virgin 
Creek (39.4621, -123.7855);
    (v) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River 
(Lat 39.3030, Long -123.7957); Casper Creek (39.3617, -123.8169); Doyle 
Creek (39.3603, -123.8187); Jack Peters Creek (39.3193, -123.8006); 
Russian Gulch (39.3288, -123.8050) upstream to endpoint(s) in: Berry 
Gulch (39.3585, -123.6930); Big River (39.3166, -123.3733); Casper 
Creek (39.3462, -123.7556); Chamberlain Creek (39.4007, -123.5317); 
Daugherty Creek (39.1700, -123.3699); Doyle Creek (39.3517, -123.8007); 
East Branch Little North Fork Big River (39.3372, -123.6410); East 
Branch North Fork Big River (39.3354, -123.4652); Gates Creek (39.2083, 
-123.3944); Jack Peters Gulch (39.3225, -123.7850); James Creek 
(39.3922, -123.4747); Johnson Creek (39.1963, -123.3927); Johnson Creek 
(39.2556, -123.4485); Laguna Creek (39.2914, -123.6301); Little North 
Fork Big River (39.3497, -123.6242); Marten Creek (39.3290, -123.4279); 
Mettick Creek (39.2591, -123.5193); Middle Fork North Fork Casper Creek 
(39.3575, -123.7170); North Fork Big River (39.3762, -123.4591); North 
Fork Casper Creek (39.3610, -123.7356); North Fork James Creek 
(39.3980, -123.4939); North Fork Ramone Creek

[[Page 71941]]

(39.2760, -123.4846); Pig Pen Gulch (39.3226, -123.4609); Pruitt Creek 
(39.2592, -123.3812); Ramone Creek (39.2714, -123.4415); Rice Creek 
(39.2809, -123.3963); Russell Brook (39.2863, -123.4461); Russian Gulch 
(39.3237, -123.7650); Snuffins Creek (39.1836, -123.3854); Soda Creek 
(39.2230, -123.4239); South Fork Big River (39.2317, -123.3687); South 
Fork Casper Creek (39.3493, -123.7216); Two Log Creek (39.3484, -
123.5781); Unnamed Tributary (39.3897, -123.5556); Unnamed Tributary 
(39.3637, -123.5464); Unnamed Tributary (39.3776, -123.5274); Unnamed 
Tributary (39.4029, -123.5771); Unnamed Tributary (39.3209, -123.5964); 
Valentine Creek (39.2694, -123.3957); Water Gulch (39.3608, -123.5916).
    (vi) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion 
River (Lat 39.2253, Long -123.7679); Big Salmon Creek (39.2150, -
123.7660); Buckhorn Creek (39.2593, -123.7839); Dark Gulch (39.2397, -
123.7740); Little Salmon Creek (39.2150, -123.7660); Little River 
(39.2734, -123.7914) upstream to endpoint(s) in: Albion River (39.2613, 
-123.5766); Big Salmon Creek (39.2045, -123.6425); Buckhorn Creek 
(39.2513, -123.7595); Dark Gulch (39.2379, -123.7592); Duck Pond Gulch 
(39.2456, -123.6960); East Railroad Gulch (39.2604, -123.6381); Hazel 
Gulch (39.2141, -123.6418); Kaison Gulch (39.2733, -123.6803); Little 
North Fork South Fork Albion River (39.2350, -123.6431); Little River 
(39.2683, -123.7190); Little Salmon Creek (39.2168, -123.7515); Marsh 
Creek (39.2325, -123.5596); Nordon Gulch (39.2489, -123.6503); North 
Fork Albion River (39.2854, -123.5752); Pleasant Valley Gulch (39.2379, 
-123.6965); Railroad Gulch (39.2182, -123.6932); Soda Springs Creek 
(39.2943, -123.5944); South Fork Albion River (39.2474, -123.6107); Tom 
Bell Creek (39.2805, -123.6519); Unnamed Tributary (39.2279, -
123.6972); Unnamed Tributary (39.2194, -123.7100); Unnamed Tributary 
(39.2744, -123.5889); Unnamed Tributary (39.2318, -123.6800).
    (vii) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro 
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Alder 
Creek (38.9830, -123.3946); Anderson Creek (38.9644, -123.2907); Bailey 
Creek (39.1733, -123.4804); Barton Gulch (39.1804, -123.6783); Bear 
Creek (39.1425, -123.4326); Bear Wallow Creek (39.0053, -123.4075); 
Beasley Creek (38.9366, -123.3265); Bottom Creek (39.2117, -123.4607); 
Camp 16 Gulch (39.1937, -123.6095); Camp Creek (38.9310, -123.3527); 
Cold Spring Creek (39.0376, -123.5027); Con Creek (39.0374, -123.3816); 
Cook Creek (39.1879, -123.5109); Cune Creek (39.1622, -123.6014); Dago 
Creek (39.0731, -123.5068); Dead Horse Gulch (39.1576, -123.6124); 
Dutch Henry Creek (39.2112, -123.5794); Floodgate Creek (39.1291, -
123.5365); Fluem Gulch (39.1615, -123.6695); Flynn Creek (39.2099, -
123.6032); German Creek (38.9452, -123.4269); Gut Creek (39.0803, -
123.3312); Ham Canyon (39.0164, -123.4265); Horse Creek (39.0144, -
123.4960); Hungry Hollow Creek (39.1327, -123.4488); Indian Creek 
(39.0708, -123.3301); Jimmy Creek (39.0117, -123.2888); John Smith 
Creek (39.2275, -123.5366); Little North Fork Navarro River (39.1941, -
123.4553); Low Gap Creek (39.1590, -123.3783); Navarro River (39.0537, 
-123.4409); Marsh Gulch (39.1692, -123.7049); McCarvey Creek (39.1589, 
-123.4048); Mill Creek (39.1270, -123.4315); Minnie Creek (38.9751, -
123.4529); Murray Gulch (39.1755, -123.6966); Mustard Gulch (39.1673, -
123.6393); North Branch (39.2069, -123.5361); North Fork Indian Creek 
(39.1213, -123.3345); North Fork Navarro River (39.1708, -123.5606); 
Parkinson Gulch (39.0768, -123.4070); Perry Gulch (39.1342, -123.5707); 
Rancheria Creek (38.8626, -123.2417); Ray Gulch (39.1792, -123.6494); 
Robinson Creek (38.9845, -123.3513); Rose Creek (39.1358, -123.3672); 
Shingle Mill Creek (39.1671, -123.4223); Soda Creek (39.0238, -
123.3149); Soda Creek (39.1531, -123.3734); South Branch (39.1534, -
123.4173); Spooner Creek (39.2221, -123.4811); Tramway Gulch (39.1481, 
-123.5958); Yale Creek (38.8882, -123.2785).
    (viii) Greenwood Creek Hydrologic Sub-area 111361. Outlet(s) = 
Greenwood Creek (Lat 39.1262, Long -123.7181) upstream to endpoint(s) 
in: Greenwood Creek (39.1245, -123.6474).
    (ix) Elk Creek Hydrologic Sub-area 111362. Outlet(s) = Elk Creek 
(Lat 39.1024, Long -123.7080) upstream to endpoint(s) in: Elk Creek 
(39.0657, -123.6245).
    (x) Alder Creek Hydrologic Sub-area 111363. Outlet(s) = Alder Creek 
(Lat 39.0044, Long -123.6969); Mallo Pass Creek (39.0341, -123.6896) 
upstream to endpoint(s) in: Alder Creek (338.9961, -123.6471); Mallo 
Pass Creek (39.0287, -123.6373).
    (xi) Brush Creek Hydrologic Sub-area 111364. Outlet(s) = Brush 
Creek (Lat 38.9760, Long -123.7120) upstream to endpoint(s) in: Brush 
Creek (38.9730, -123.5563); Mill Creek (38.9678, -123.6515); Unnamed 
Tributary (38.9724, -123.6571).
    (xii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia 
River (Lat 38.9550, Long -123.7338); Point Arena Creek (38.9141, -
123.7103); Schooner Gulch (38.8667, -123.6550) upstream to endpoint(s) 
in: Blue Water Hole Creek (38.9378, -123.5023); Flemming Creek 
(38.8384, -123.5361); Garcia River (38.8965, -123.3681); Hathaway Creek 
(38.9351, -123.7098); Inman Creek (38.8804, -123.4370); Larmour Creek 
(38.9419, -123.4469); Mill Creek (38.9078, -123.3143); North Fork 
Garcia River (38.9233, -123.5339); North Fork Schooner Gulch (38.8758, 
-123.6281); Pardaloe Creek (38.8895, -123.3423); Point Arena Creek 
(38.9069, -123.6838); Redwood Creek (38.9241, -123.3343); Rolling Brook 
(38.8965, -123.5716); Schooner Gulch (38.8677, -123.6198); South Fork 
Garcia River (38.8450, -123.5420); Stansburry Creek (38.9422, -
123.4720); Signal Creek (38.8639, -123.4414); Unnamed Tributary 
(38.8758, -123.5692); Unnamed Tributary (38.8818, -123.5723); Whitlow 
Creek (38.9141, -123.4624).
    (xiii) North Fork Gualala River Hydrologic Sub-area 111381. 
Outlet(s) = North Fork Gualala River (Lat 38.7784, Long -123.4992) 
upstream to endpoint(s) in: Bear Creek (38.8347, -123.3842); Billings 
Creek (38.8652, -123.3496); Doty Creek (38.8495, -123.5131); Dry Creek 
(38.8416, -123.4455); McGann Gulch (38.8026, -123.4458); North Fork 
Gualala River (38.8479, -123.4113); Robinson Creek (38.8416, -
123.3725); Robinson Creek (38.8386, -123.4991); Stewart Creek (38.8109, 
-123.4157); Unnamed Tributary (38.8295, -123.5570); Unnamed Tributary 
(38.8353, -123.3760); Unnamed Tributary (38.8487, -123.3820).
    (xiv) Rockpile Creek Hydrologic Sub-area 111382. Outlet(s) = 
Rockpile Creek (Lat 38.7507, Long -123.4706) upstream to endpoint(s) 
in: Rockpile Creek (38.7966, -123.3872).
    (xv) Buckeye Creek Hydrologic Sub-area 111383. Outlet(s) = Buckeye 
Creek (Lat 38.7405, Long -123.4573) upstream to endpoint(s) in: Buckeye 
Creek (38.7400, -123.2697); Flat Ridge Creek (38.7616, -123.2400); 
Franchini Creek (38.7500, -123.3708); North Fork Buckeye (38.7991, -
123.3166).
    (xvi) Wheatfield Fork Hydrologic Sub-area 111384. Outlet(s) = 
Wheatfield Fork Gualala River (Lat 38.7014, Long -123.4154) upstream to 
endpoint(s) in: Danfield Creek (38.6369, -123.1431); Haupt Creek 
(38.6220, -123.2551); House Creek (38.6545, -123.1184);

[[Page 71942]]

North Fork Fuller Creek (38.7252, -123.2968); Pepperwood Creek 
(38.6205, -123.1665); South Fork Fuller Creek (38.6973, -123.2860); 
Tombs Creek (38.6989, -123.1616); Unnamed Tributary (38.7175, -
123.2744); Wheatfield Fork Gualala River (38.7497, -123.2215); Fuller 
Creek (38.7109, -123.3256).
    (xvii) Gualala Hydrologic Sub-area 111385. Outlet(s) = Fort Ross 
Creek (Lat 38.5119, Long -123.2436); Gualala River (38.7687, -
123.5334); Kolmer Gulch (38.5238, -123.2646) upstream to endpoint(s) 
in: Big Pepperwood Creek (38.7951, -123.4638); Carson Creek (38.5653, -
123.1906); Fort Ross Creek (38.5174, -123.2363); Groshong Gulch 
(38.7814, -123.4904); Gualala River (38.7780, -123.4991); Kolmer Gulch 
(38.5369, -123.2247); Little Pepperwood (38.7738, -123.4427); McKenzie 
Creek (38.5895, -123.1730); Palmer Canyon Creek (38.6002, -123.2167); 
Sproule Creek (38.6122, -123.2739); Unknown Tributary (38.5634, -
123.2003); Turner Canyon (38.5294, -123.1672); South Fork Gualala River 
(38.5646, -123.1689); Marshall Creek (38.5647, -123.2058).
    (xviii) Russian Gulch Hydrologic Sub-area 111390. Outlet(s) = 
Russian Gulch Creek (Lat 38.4669, Long -123.1569) upstream to 
endpoint(s) in: Russian Gulch Creek (38.4956, -123.1535); West Branch 
Russian Gulch Creek (38.4968, -123.1631).
    (8) Maps of proposed critical habitat for the Northern California 
O. mykiss ESU follow:

BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C
    (h) Central California Coast O. mykiss (Oncorhynchus mykiss). 
Critical habitat is proposed to include the areas defined in the 
following units:

[[Page 71950]]

    (1) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic 
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -
123.1289) upstream to endpoint(s) in: Atascadero Creek (38.3473, -
122.8626); Austin Creek (38.5098, -123.0680); Baumert Springs (38.4195, 
-122.9658); Dutch Bill Creek (38.4132, -122.9508); Duvoul Creek 
(38.4527, -122.9525); Fife Creek (38.5584, -122.9922); Freezeout Creek 
(38.4405, -123.0360); Green Valley Creek, (38.4445, -122.9185); Grub 
Creek (38.4411, -122.9636); Hobson Creek (38.5334, -122.9401); Hulbert 
Creek (38.5548, -123.0362); Jenner Gulch (38.4869, -123.0996); Kidd 
Creek (38.5029, -123.0935); Lancel Creek (38.4247, -122.9322); Mark 
West Creek (38.4961, -122.8489); Mays Canyon (38.4800, -122.9715); 
North Fork Lancel Creek (38.4447, -122.9444); Pocket Canyon (38.4650, -
122.9267); Porter Creek (38.5435, -122.9332); Purrington Creek 
(38.4083, -122.9307); Sheep House Creek (38.4820, -123.0921); Smith 
Creek (38.4622, -122.9585); Unnamed Tributary (38.4560, -123.0246); 
Unnamed Tributary (38.3976, -122.8994); Unnamed Tributary (38.3772, -
122.8938); Willow Creek (38.4249, -123.0022).
    (ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin 
Creek (Lat 38.5098, Long -123.0680) upstream to endpoint(s) in: Bear 
Pen Creek (38.5939, -123.1644); Big Oat Creek (38.5615, -123.1299); 
Blue Jay Creek (38.5618, -123.1399); Conshea Creek (38.5830, -
123.0824); Devil Creek (38.6163, -123.0425); Black Rock Creek (38.5586, 
-123.0730); Thompson Creek (38.5747, -123.0300); Pole Mountain Creek 
(38.5122, -123.1168); Red Slide Creek (38.6039, -123.1141); Saint Elmo 
Creek (38.5130, -123.1125); Schoolhouse Creek (38.5595, -123.0175); 
Spring Creek (38.5041, -123.1364); Sulphur Creek (38.6187, -123.0553); 
Austin Creek (38.6262, -123.1347); East Austin Creek (38.6349, -
123.1238); Gilliam Creek (38.5803, -123.0152); Gray Creek (38.6132, -
123.0107); Ward Creek (38.5720, -123.1547).
    (iii) Laguna Hydrologic Sub-area 111421. Outlet(s) = Laguna de 
Santa Rosa (Lat 38.4522, Long -122.8347) upstream to endpoint(s) in: 
Crane Creek (38.3521, -122.6022); Hinebaugh Creek (38.3509, -122.6913); 
Laguna de Santa Rosa (38.3431, -122.7229); Blucher Creek (38.3509, -
122.8258); Copeland Creek (38.3371, -122.6038).
    (iv) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West 
Creek (Lat 38.4858, Long -122.8419) upstream to endpoint(s) in: Humbug 
Creek (38.5412, -122.6249); Laguna de Santa Rosa (38.4526, -122.8347); 
Mark West Creek (38.5187, -122.5995); Pool Creek (38.5486, -122.7641); 
Pruit Creek (38.5313, -122.7615); Windsor Creek (38.5484, -122.8101).
    (v) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek 
(Lat 38.5862, Long -122.8577) upstream to endpoint(s) in: Angel Creek 
(38.6101, -122.9833); Crane Creek (38.6434, -122.9451); Dry Creek 
(38.7181, -123.0091); Dutcher Creek (38.7223, -122.9770); Felta 
(38.5679, -122.9379); Foss Creek (38.6244, -122.8754); Grape Creek 
(38.6593, -122.9707); Mill Creek (38.5976, -122.9914); North Slough 
Creek (38.6392, -122.8888); Palmer Creek (38.5770, -122.9904); Redwood 
Log Creek (38.6705, -123.0725); Salt Creek (38.5543, -122.9133); Pena 
Creek (38.6384, -123.0743); Wallace Creek (38.6260, -122.9651); Wine 
Creek (38.6662, -122.9682); Woods Creek (38.6069, -123.0272).
    (vi) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian 
River (Lat 38.6132, Long -122.8321) upstream to endpoint(s) in: Ash 
Creek (38.8556, -123.0082); Bear Creek (38.7253, -122.7038); Bidwell 
Creek (38.6229, -122.6320); Big Sulphur Creek (38.8279, -122.9914); 
Bluegum Creek (38.6988, -122.7596); Briggs Creek (38.6845, -122.6811); 
Coon Creek (38.7105, -122.6957); Crocker Creek (38.7771, -122.9595); 
Edwards Creek (38.8592, -123.0758); Foss Creek (38.6373, -122.8753); 
Franz Creek (38.5726, -122.6343); Gill Creek (38.7552, -122.8840); Gird 
Creek (38.7055, -122.8311); Ingalls Creek (38.7344, -122.7192); Kellog 
Creek (38.6753, -122.6422); Little Briggs Creek (38.7082, -122.7014); 
Maacama Creek (38.6743, -122.7431); McDonnell Creek (38.7354, -
122.7338); Mill Creek (38.7009, -122.6490); Miller Creek (38.7211, -
122.8608); Oat Valley Creek (38.8461, -123.0712); Redwood Creek 
(38.6342, -122.6720); Foote Creek (38.6433, -122.6797); Sausal Creek 
(38.6924, -122.7930); South Fork Gill Creek (38.7420, -122.8760); 
Unnamed Tributary (38.7329, -122.8601); Yellowjacket Creek (38.6666, -
122.6308).
    (vii) Sulphur Creek Hydrologic Sub-area 111426. Outlet(s) = Big 
Sulphur Creek (Lat 38.8279, Long -122.9914) upstream to endpoint(s) in: 
Alder Creek (38.8503, -122.8953); Anna Belcher Creek (38.7537, -
122.7586); Big Sulphur Creek (38.8243, -122.8774); Cobb Creek (38.7953, 
-122.7909); Frasier Creek (38.8439, -122.9341); Humming Bird Creek 
(38.8460, -122.8596); Lovers Gulch (38.7396, -122.8275); North Branch 
Little Sulphur Creek (38.7783, -122.8119); Squaw Creek (38.8199, -
122.7945); Little Sulphur Creek (38.7469, -122.7425).
    (viii) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River 
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Pieta Creek 
(38.8622, -122.9329).
    (ix) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = West 
Branch Russian River (Lat 39.2257, Long -123.2012) upstream to 
endpoint(s) in: Bakers Creek (39.2859, -123.2432); Eldridge Creek 
(39.2250, -123.3309); Forsythe Creek (39.2976, -123.2963); Jack Smith 
Creek (39.2754, -123.3421); Mariposa Creek (39.3472, -123.2625); Mill 
Creek (39.2969, -123.3360); Salt Hollow Creek (39.2585, -123.1881); 
Seward Creek (39.2606, -123.2646); West Branch Russian River (39.3642, 
-123.2334).
    (2) Bodega Hydrologic Unit 1115--(i) Salmon Creek Hydrologic Sub-
area 111510. Outlet(s) = Salmon Creek (Lat 38.3554, Long -123.0675) 
upstream to endpoint(s) in: Coleman Valley Creek (38.3956, -123.0097); 
Faye Creek (38.3749, -123.0000); Finley Creek (38.3707, -123.0258); 
Salmon Creek (38.3877, -122.9318); Tannery Creek (38.3660, -122.9808).
    (ii) Estero Americano Hydrologic Sub-area 111530. Outlet(s) = 
Estero Americano (Lat 38.2939, Long -123.0011) upstream to endpoint(s) 
in: Estero Americano (38.3117, -122.9748); Ebabias Creek (38.3345, -
122.9759).
    (3) Marin Coastal Hydrologic Unit 2201--(i) Walker Creek Hydrologic 
Sub-area 220112. Outlet(s) = Walker Creek (Lat 38.2213, Long -
122.9228); Millerton Gulch (38.1055, -122.8416) upstream to endpoint(s) 
in: Chileno Creek (38.2145, -122.8579); Frink Canyon (38.1761, -
122.8405); Millerton Gulch (38.1376, -122.8052); Verde Canyon (38.1630, 
-122.8116); Unnamed Trib (38.1224, -122.8095); Walker Creek (38.1617, -
122.7815).
    (ii) Lagunitas Creek Hydrologic Sub-area 220113. Outlet(s) = 
Lagunitas Creek (Lat 38.0827, Long -122.8274) upstream to endpoint(s) 
in: Cheda Creek (38.0483, -122.7329); Devil's Gulch (38.0393, -
122.7128); Giacomini Creek (38.0032, -122.7617); Horse Camp Gulch 
(38.0078, -122.7624); Lagunitas Creek (37.9974, -122.7045); Olema Creek 
(37.9719, -122.7125); Quarry Gulch (38.0345, -122.7639); San Geronimo 
Creek (38.0131, -122.6499); Unnamed Tributary (37.9893, -122.7328); 
Unnamed Tributary (37.9976, -122.7553).
    (iii) Point Reyes Hydrologic Sub-area 220120. Outlet(s) = Creamery 
Bay Creek

[[Page 71951]]

(Lat 38.0809, Long -122.9561); East Schooner Creek (38.0913, -
122.9293); Home Ranch (38.0705, -122.9119); Laguna Creek (38.0235, -
122.8732); Muddy Hollow Creek (38.0329, -122.8842) upstream to 
endpoint(s) in: Creamery Bay Creek (38.0779, -122.9572); East Schooner 
Creek (38.0928, -122.9159); Home Ranch Creek (38.0784, -122.9038); 
Laguna Creek (38.0436, -122.8559); Muddy Hollow Creek (38.0549, -
122.8666).
    (iv) Bolinas Hydrologic Sub-area 220130. Outlet(s) = Easkoot Creek 
(Lat 37.9026, Long -122.6474); McKinnon Gulch (37.9126, -122.6639); 
Morse Gulch (37.9189, -122.6710); Pine Gulch Creek (37.9218, -
122.6882); Redwood Creek (37.8595, -122.5787); Stinson Gulch (37.9068, 
-122.6517); Wilkins Creek ( 37.9343, -122.6967) upstream to endpoint(s) 
in: Easkoot Creek (37.8987, -122.6370); Kent Canyon (37.8866, -
122.5800); McKinnon Gulch (37.9197, -122.6564); Morse Gulch (37.9240, -
122.6618); Pine Gulch Creek (37.9557, -122.7197); Redwood Creek 
(37.9006, -122.5787); Stinson Gulch (37.9141, -122.6426); Wilkins Creek 
(37.9450, -122.6910).
    (4) San Mateo Hydrologic Unit 2202--(i) San Mateo Coastal 
Hydrologic Sub-area 220221. Outlet(s) = Arroyo de en Medio (Lat 
37.4929, Long -122.4606); Denniston Creek (37.5033, -122.4869); 
Frenchmans Creek (37.4804, -122.4518); San Pedro Creek (37.5964, -
122.5057) upstream to endpoint(s) in: Arroyo De En Medio (37.5202, -
122.4562); Denniston Creek (37.5184, -122.4896); Frenchmans Creek 
(37.5170, -122.4332); Middle Fork San Pedro Creek (37.5758, -122.4591); 
North Fork San Pedro Creek (37.5996, -122.4635); San Pedro Creek 
(37.5825, -122.4771).
    (ii) Half Moon Bay Hydrologic Sub-area 220222. Outlet(s) = Arroyo 
Leon Creek (Lat 37.4758, Long -122.4493) upstream to endpoint(s) in: 
Apanolio Creek (37.5202, -122.4158); Arroyo Leon Creek (37.4560, -
122.3442); Mills Creek (37.4629, -122.3721); Pilarcitos Creek (37.5259, 
-122.3980); Unnamed Tributary (37.4705, -122.3616).
    (iii) Tunitas Creek Hydrologic Sub-area 220223. Outlet(s) = Lobitos 
Creek (Lat 37.3762, Long -122.4093); Tunitas Creek (37.3567, -122.3999) 
upstream to endpoint(s) in: East Fork Tunitas Creek (37.3981, -
122.3404); Lobitos Creek (37.4246, -122.3586); Tunitas Creek (37.4086, 
-122.3502).
    (iv) San Gregorio Creek Hydrologic Sub-area 220230. Outlet(s) = San 
Gregorio Creek (Lat 37.3215, Long -122.4030) upstream to endpoint(s) 
in: Alpine Creek (37.3062, -122.2003); Bogess Creek (37.3740, -
122.3010); El Corte Madera Creek (37.3650, -122.3307); Harrington Creek 
(37.3811, -122.2936); La Honda Creek (37.3680, -122.2655); Langley 
Creek (37.3302, -122.2420); Mindego Creek (37.3204, -122.2239); San 
Gregorio Creek (37.3099, -122.2779); Woodruff Creek (37.3415, -
122.2495).
    (v) Pescadero Creek Hydrologic Sub-area 220240. Outlet(s) = 
Pescadero Creek (Lat 37.2669, Long -122.4122); Pomponio Creek (37.2979, 
-122.4061) upstream to endpoint(s) in: Bradley Creek (37.2819, -
122.3802); Butano Creek (37.2419, -122.3165); Evans Creek (37.2659, -
122.2163); Honsinger Creek (37.2828, -122.3316); Little Boulder Creek 
(37.2145, -122.1964); Little Butano Creek (37.2040, -122.3492); Oil 
Creek (37.2572, -122.1325); Pescadero Creek (37.2320, -122.1553); 
Lambert Creek (37.3014, -122.1789); Peters Creek (37.2883, -122.1694); 
Pomponio Creek (37.3030, -122.3805); Slate Creek (37.2530, -122.1935); 
Tarwater Creek (37.2731, -122.2387); Waterman Creek (37.2455, -
122.1568).
    (5) Bay Bridges Hydrologic Unit 2203--San Rafael Hydrologic Sub-
area 220320. Outlet(s) = Corte Madera Creek (Lat 37.9425, Long -
122.5059) upstream to endpoint(s) in: Cascade Creek (37.9867, -
122.6287); Corte Madera Creek (37.9859, -122.5842); Larkspur Creek 
(37.9305, -122.5514); Ross Creek (37.9558, -122.5752); San Anselmo 
Creek (37.9825, -122.6420); Sleepy Hollow Creek (38.0074, -122.5794); 
Tamalpais Creek (37.9481, -122.5674).
    (6) South Bay Hydrologic Unit 2204--(i) Eastbay Cities Hydrologic 
Sub-area 220420. Outlet(s) = Alameda Creek (Lat 37.5942, Long -
122.1422) upstream.
    (ii) Alameda Creek Hydrologic Sub-area 220430. Outlet(s) = Alameda 
Creek (Lat 37.5812, Long -121.9644) upstream to endpoint(s) in: Alameda 
Creek (37.4569, -121.6996); Arroyo Honda (37.3661, -121.6684); Arroyo 
Mocho (37.5572, -121.5807); Arroyo de Laguna (37.6771, -121.9124); 
Arroyo del Valle (37.6141, -121.7466); Arroyo las Positias (37.7029, -
121.7594); Calveras Creek (37.4642, -121.7766); Colorado Creek 
(37.4301, -121.5092); Sinbad Creek (37.6509, -121.9353); Stoneybrook 
Creek (37.6377, -121.9608).
    (7) Santa Clara Hydrologic Unit 2205--(i) Freemont Bayside 
Hydrologic Sub-area 220520. Outlet(s) = Alameda Creek (Lat 37.5777, 
Long -122.0251) upstream to endpoint(s) in: Alameda Creek (37.5812, -
121.9644).
    (ii) Coyote Creek Hydrologic Sub-area 220530. Outlet(s) = Coyote 
Creek (Lat 37.4629, Long -121.9894; 37.2275, -121.7514) upstream to 
endpoint(s) in: Arroyo Aguague (37.3907, -121.7836); Coyote Creek 
(37.2778, -121.8033); Coyote Creek (37.1677, -121.6301); Upper 
Penitencia Creek (37.3969, -121.7577).
    (iii) Palo Alto Hydrologic Sub-area 220550. Outlet(s) = Guadalupe 
River (Lat 37.4614, Long -122.0240); San Francisquito Creek (37.4658, -
122.1152); Stevens Creek (37.4456, -122.0641) upstream to endpoint(s) 
in: Bear Creek (37.4528, -122.3020); Guadalupe River (37.3499, 
-.121.9094); Los Trancos (37.3293, -122.1786); San Francisquito Creek 
(37.4098, -122.2389); Stevens Creek (37.2990, -122.0778).
    (8) San Pablo Hydrologic Unit 2206--(i) Petaluma River Hydrologic 
Sub-area 220630. Outlet(s) = Petaluma River (Lat 38.1111, Long -
122.4944) upstream to endpoint(s) in: Adobe Creek (38.2940, -122.5834); 
Lichau Creek (38.2848, -122.6654); Lynch Creek (38.2748, -122.6194); 
Petaluma River (38.3010, -122.7149); Schultz Slough (38.1892, -
122.5953); San Antonio Creek (38.2049, -122.7408); Unnamed Tributary 
(38.3105, -122.6146); Willow Brook (38.3165, -122.6113).
    (ii) Sonoma Creek Hydrologic Sub-area 220640. Outlet(s) = Sonoma 
Creek (Lat 38.1525, Long -122.4050) upstream to endpoint(s) in: Agua 
Caliente Creek (38.3368, -122.4518); Asbury Creek (38.3401, -122.5590); 
Bear Creek (38.4656, -122.5253); Calabazas Creek (38.4033, -122.4803); 
Carriger Creek (38.3031, -122.5336); Graham Creek (38.3474, -122.5607); 
Hooker Creek (38.3809, -122.4562); Mill Creek (38.3395, -122.5454); 
Nathanson Creek (38.3350, -122.4290); Rodgers Creek (38.2924, -
122.5543); Schell Creek (38.2554, -122.4510); Sonoma Creek (38.4507, -
122.4819); Stuart Creek (38.3936, -122.4708); Yulupa Creek (38.3986, -
122.5934).
    (iii) Napa River Hydrologic Sub-area 220650. Outlet(s) = Napa River 
(Lat 38.0786, Long -122.2468) upstream to endpoint(s) in: Bale Slough 
(38.4806, -122.4578); Bear Canyon Creek (38.4512, -122.4415); Bell 
Canyon Creek (38.5551, -122.4827); Brown's Valley Creek (38.3251, -
122.3686); Carneros Creek (38.3108, -122.3914); Conn Creek (38.4843, -
122.3824); Cyrus Creek (38.5776, -122.6032); Diamond Mountain Creek 
(38.5645, -122.5903); Dry Creek (38.4334, -122.4791); Dutch Henery 
Creek (38.6080, -122.5253); Garnett Creek (38.6236, -122.5860); 
Huichica Creek (38.2811, -122.3936); Jericho Canyon Creek (38.6219, -
122.5933); Miliken Creek (38.3773, -122.2280); Mill Creek (38.5299, -
122.5513); Murphy Creek

[[Page 71952]]

(38.3155, -122.2111); Napa Creek (38.3047, -122.3134); Napa River 
(38.6210, -122.6129); Pickle Canyon Creek (38.3672, -122.4071); Rector 
Creek (38.4410, -122.3451); Redwood Creek (38.3765, -122.4466); Ritchie 
Creek (38.5369, -122.5652); Sarco Creek (38.3567, -122.2071); Soda 
Creek (38.4156, -122.2953); Spencer Creek (38.2729, -122.1909); Sulphur 
Creek (38.4839, -122.5161); Suscol Creek (38.2522, -122.2157); Tulucay 
Creek (38.2929, -122.2389); Unnamed Tributary (38.4248, -122.4935); 
York Creek (38.5128, -122.5023).
    (9) Suisun Hydrologic Unit 2207--Suisun Creek Hydrologic Sub-area 
220722. Outlet(s) = Suisun Creek (Lat 38.2020, Long -122.1035) upstream 
to endpoint(s) in: Suisun Creek (38.3301, -122.1371); Wooden Valley 
Creek (38.3749, -122.1830).
    (10) Big Basin Hydrologic Unit 3304--(i) Davenport Hydrologic Sub-
area 330411 Outlet(s) = Baldwin Creek (Lat 36.9669, -122.1232); 
Davenport Landing Creek (37.0231, -122.2153); Laguna Creek (36.9824, -
122.1560); Liddell Creek (37.0001, -122.1816); Majors Creek (36.9762, -
122.1423); Molino Creek (37.0368, -122.2292); San Vicente Creek 
(37.0093, -122.1940); Scott Creek (37.0404, -122.2307); Waddell Creek 
(37.0935, -122.2762); Wilder Creek (36.9535, -122.0775) upstream to 
endpoint(s) in: Baldwin Creek (37.0126, -122.1006); Bettencourt Creek 
(37.1081, -122.2386); Big Creek (37.0832, -122.2175); Davenport Landing 
Creek (37.0475, -122.1920); East Branch Waddell Creek (37.1482, -
122.2531); East Fork Liddell Creek (37.0204, -122.1521); Henry Creek 
(37.1695, -122.2751); Laguna Creek (37.0185, -122.1287); Liddell Creek 
(37.0030, -122.1768); Little Creek (37.0688, -122.2097); Majors Creek 
(36.9815, -122.1374); Middle Fork East Fork Liddell Creek (37.0194, -
122.1608); Mill Creek (37.1034, -122.2218); Molino Creek (37.0384, -
122.2125); Peasley Gulch (36.9824, -122.0861); Queseria Creek (37.0521, 
-122.2042); San Vicente Creek (37.0417, -122.1741); Scott Creek 
(37.1338, -122.2306); Waddell Creek (37.1338, -122.2677); West Branch 
Waddell Creek (37.1697, -122.2642); West Fork Liddell Creek (37.0117, -
122.1763); Unnamed Tributary (37.0103, -122.0701); Wilder Creek 
(37.0107, -122.0770).
    (ii) San Lorenzo Hydrologic Sub-area 330412. Outlet(s) = Arana 
Gulch Creek (Lat 36.9676, Long -122.0028); San Lorenzo River (36.9641, 
-122.0125) upstream to endpoint(s) in: Arana Gulch Creek (37.0270, -
121.9739); Bean Creek (37.0956, -122.0022); Bear Creek (37.1711, -
122.0750); Boulder Creek (37.1952, -122.1892); Bracken Brae Creek 
(37.1441, -122.1459); Branciforte Creek (37.0701, -121.9749); Crystal 
Creek (37.0333, -121.9825); Carbonera Creek (37.0286, -122.0202); 
Central Branch Arana Gulch Creek (37.0170, -121.9874); Deer Creek 
(37.2215, -122.0799); Fall Creek (37.0705, -122.1063); Gold Gulch Creek 
(37.0427, -122.1018); Granite Creek (37.0490, -121.9979); Hare Creek 
(37.1544, -122.1690); Jameson Creek (37.1485, -122.1904); Kings Creek 
(37.2262, -122.1059); Lompico Creek (37.1250, -122.0496); Mackenzie 
Creek (37.0866, -122.0176); Mountain Charlie Creek (37.1385, -
121.9914); Newell Creek (37.1019, -122.0724); San Lorenzo River 
(37.2276, -122.1384); Two Bar Creek (37.1833, -122.0929); Unnamed 
Tributary (37.2106, -122.0952); Unnamed Tributary (37.2032, -122.0699); 
Zayante Creek (37.1062, -122.0224).
    (iii) Aptos-Soquel Hydrologic Sub-area 330413. Outlet(s)=Aptos 
Creek (Lat 36.9692, Long -121.9065); Soquel Creek (36.9720, -121.9526) 
upstream to endpoint(s) in: Amaya Creek (37.0930, -121.9297); Aptos 
Creek (37.0545, -121.8568); Bates Creek (37.0099, -121.9353); Bridge 
Creek (37.0464, -121.8969); East Branch Soquel Creek (37.0690, -
121.8297); Hester Creek (37.0967, -121.9458); Hinckley Creek (37.0671, 
-121.9069); Moores Gulch (37.0573, -121.9579); Soquel Creek (37.0443, -
121.9404); Valencia Creek (37.0323, -121.8493); West Branch Soquel 
Creek (37.1095, -121.9606).
    (iv) Ano Nuevo Hydrologic Sub-area 330420. Outlet(s)=Ano Nuevo 
Creek (Lat 37.1163, Long -22.3060); Gazos Creek (37.1646, -122.3625); 
Whitehouse Creek (37.1457, -122.3469) upstream to endpoint(s) in: Ano 
Nuevo Creek (37.1269, -122.3039); Bear Gulch (37.1965, -122.2773); 
Gazos Creek (37.2088, -122.2868); Old Womans Creek (37.1829, -
122.3033); Whitehouse Creek (37.1775, -122.2900).
    (11) Maps of proposed critical habitat for the Central California 
Coast O. mykiss ESU follow:

BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C
    (i) South-central California Coast O. mykiss (Oncorhynchus mykiss). 
Critical habitat is proposed to include the areas defined in the 
following units:

[[Page 71963]]

    (1) Pajaro River Hydrologic Unit 3305--(i) Watsonville Hydrologic 
Sub-area 330510. Outlet(s) = Pajaro River (Lat 36.8506, Long -121.8101) 
upstream to endpoint(s) in: Banks Canyon Creek (36.9958, -121.7264); 
Browns Creek (37.0255, -121.7754); Casserly Creek (36.9902, -121.7359); 
Corralitos Creek (37.0666, -121.8359); Gaffey Creek (36.9905, -
121.7132); Gamecock Canyon (37.0362, -121.7587); Green Valley Creek 
(37.0073, -121.7256); Ramsey Gulch (37.0447, -121.7755); Redwood Canyon 
(37.0342, -121.7975); Salsipuedes Creek (36.9350, -121.7426); Shingle 
Mill Gulch (37.0446, -121.7971).
    (ii) Santa Cruz Mountains Hydrologic Sub-area 330520. Outlet(s) = 
Pajaro River (Lat 36.8963, Long -121.5620); Bodfish Creek (37.0020, -
121.6715); Pescadero Creek (36.9125, -121.5882); Tar Creek (36.9304, -
121.5520); Uvas Creek (37.0251, -121.6430) upstream to endpoint(s) in: 
Blackhawk Canyon (37.0168, -121.6912); Bodfish Creek (36.9985, -
121.6859); Little Arthur Creek (37.0299, -121.6874); Pescadero Creek 
(36.9826, -121.6274); Tar Creek (36.9558, -121.6009); Uvas Creek 
(37.0660, -121.6912).
    (iii) South Santa Clara Valley Hydrologic Sub-area 330530. 
Outlet(s) = San Benito River (Lat 36.8961, Long -121.5625); Pajaro 
River (36.9222, -121.5388) upstream to endpoint(s) in: Arroyo Dos 
Picachos (36.8866, -121.3184); Bird Creek (36.7837, -121.3731); Bodfish 
Creek (37.0080, -121.6652); Bodfish Creek (37.0041, -121.6667); 
Carnadero Creek (36.9603, -121.532); Llagas Creek (37.1159, -121.6938); 
Miller Canal (36.9516, -121.5115); San Felipe Lake (36.9835, -
121.4604); Tar Creek (36.9297, -121.5419); Tequisquita Slough (36.9170, 
-121.3887); Uvas Creek (37.0146, -121.6314).
    (iv) Pacheco-Santa Ana Creek Hydrologic Sub-area 330540. Outlet(s) 
= Arroyo Dos Picachos (Lat 36.8866, Long -121.3184); Pacheco Creek 
(37.0055, -121.3598) upstream to endpoint(s) in: Arroyo Dos Picachos 
(36.8912, -121.2305); Cedar Creek (37.0922, -121.3641); North Fork 
Pacheco Creek (37.0514, -121.2911); Pacheco Creek (37.0445, -121.2662); 
South Fork Pacheco Creek (37.0227, -121.2603).
    (v) San Benito River Hyddrologic Sub-area 330550. Outlet(s) = San 
Benito River (Lat 36.7838, Long -121.3731) upstream to endpoint(s) in: 
Bird Creek (36.7604, -121.4506); Pescadero Creek (36.7202, -121.4187); 
San Benito River (36.3324, -120.6316); Sawmill Creek (36.3593, -
120.6284).
    (2) Carmel River Hydrologic Unit 3307--Carmel River Hydrologic Sub-
area 330700. Outlet(s) = Carmel River (Lat36.5362, Long -121.9285) 
upstream to endpoint(s) in: Aqua Mojo Creek (36.4711, -121.5407); Big 
Creek (36.3935, -121.5419); Blue Creek (36.2796, -121.6530); Boronda 
Creek (36.3542, -121.6091); Bruce Fork (36.3221, -121.6385); Cachagua 
Creek (36.3909 , -121.5950); Carmel River (36.3701, -121.6621); Danish 
Creek (36.3730, -121.7590); Hitchcock Canyon Creek (36.4470, -
121.7597); James Creek (36.3235, -121.5804); Las Garzas Creek (36.4607, 
-121.7944); Millers Fork (36.2961, -121.5697); Pinch Creek (36.3236, -
121.5574); Pine Creek (36.3827, -121.7727); Potrero Creek (36.4801, -
121.8258); Rana Creek (36.4877, -121.5840); Rattlesnake Creek (36.3442, 
-121.7080); Robertson Canyon Creek (36.4776, -121.8048); Robertson 
Creek (36.3658, -121.5165); San Clemente Creek (36.4227, -121.8115); 
Tularcitos Creek (36.4369, -121.5163); Ventana Mesa Creek (36.2977, -
121.7116).
    (3) Santa Lucia Hydrologic Unit 3308--Santa Lucia Hydrologic Sub-
area 330800. Outlet(s) = Alder Creek (Lat 35.8578, Long -121.4165); Big 
Creek (36.0696, -121.6005); Big Sur River (36.2815, -121.8593); Bixby 
Creek (36.3713, -121.9029); Garrapata Creek (36.4176, -121.9157); 
Limekiln Creek (36.0084, -121.5196); Little Sur River (36.3327, -
121.8853); Malpaso Creek (36.4814, -121.9384); Mill Creek (35.9825, -
121.4917); Partington Creek (36.1753, -121.6973); Plaskett Creek 
(35.9195, -121.4717); Prewitt Creek (35.9353, -121.4760); Rocky Creek 
(36.3798, -121.9028); San Jose Creek (36.5259, -121.9253); Vicente 
Creek (36.0442, -121.5855); Villa Creek (35.8495, -121.4087); Willow 
Creek (35.8935, -121.4619) upstream to endpoint(s) in: Alder Creek 
(35.8685, -121.3974); Big Creek (36.0830, -121.5884); Bixby Creek 
(36.3715, -121.8440); Devil's Canyon Creek (36.0773, -121.5695); 
Garrapata Creek (36.4042, -121.8594); Joshua Creek (36.4182, -
121.9000); Limekiln Creek (36.0154, -121.5146); Little Sur River 
(36.3327, -121.8853); Logwood Creek (36.2105, -121.6719); Malpaso Creek 
(36.4681, -121.8800); Mill Creek (35.9907, -121.4632); North Fork Big 
Sur River (36.2178, -121.5948); Partington Creek (36.1929, -121.6825); 
Plaskett Creek (35.9228, -121.4493); Prewitt Creek (35.9419, -
121.4598); Redwood Creek (36.2825, -121.6745); Rocky Creek (36.3805, -
121.84400); San Jose Creek (36.4662, -121.8118); South Fork Big Sur 
River (36.1903, -121.6114); South Fork Little Sur River (36.3026, -
121.8093); Unnamed Tributary (36.2045, -121.6075); Vicente Creek 
(36.0463, -121.5780); Villa Creek (35.8525, -121.3973); Wildcat Canyon 
Creek (36.4124, -121.8680); Williams Canyon Creek (36.4466, -121.8526); 
Willow Creek (35.9050, -121.3851).
    (4) Salinas River Hydrologic Unit 3309--(i) Neponset Hydrologic 
Sub-area 330911. Outlet(s) = Salinas River (Lat 36.7498, Long -
121.8055); Old Salinas River (36.8080, -121.7854) upstream to 
endpoint(s) in: Gabilan Creek (36.6923, -121.6300); Old Salinas River 
(36.7728, -121.7884); Tembladero Slough (36.6865, -121.6409).
    (ii) Chualar Hydrologic Sub-area 330920. Outlet(s) = Gabilan Creek 
(Lat 36.6923, Long -121.6300) upstream.
    (iii) Soledad Hydrologic Sub-area 330930. Outlet(s) = Salinas River 
(Lat36.4878, Long -121.4688) upstream to endpoint(s) in: Arroyo Seco 
River (36.2644, -121.3812); Reliz Creek (36.2438, -121.2881).
    (iv) Upper Salinas Valley Hydrologic Sub-area 330940. Outlet(s) = 
Salinas River (Lat 36.3183, Long -121.1837) upstream.
    (v) Arroyo Seco Hydrologic Sub-area 330960. Outlet(s) = Arroyo Seco 
River (Lat 36.2644, Long -121.3812); Reliz Creek ( 36.2438, -121.2881); 
Vaqueros Creek (36.2642, -121.3369) upstream to endpoint(s) in: Arroyo 
Seco River (36.2041, -121.5002); Calaboose Creek (36.2942, -121.5082); 
Church Creek (36.2762, -121.5877); Paloma Creek (36.3195, -121.4894); 
Piney Creek (36.3023, -121.5629); Reliz Creek (36.1935, -121.2777); 
Rocky Creek (36.2676, -121.5225); Santa Lucia Creek (36.1999, -
121.4785); Tassajara Creek (36.2679, -121.6149); Vaqueros Creek 
(36.2479, -121.3369); Willow Creek (36.2059, -121.5642); Zigzag Creek 
(36.1763, -121.5475).
    (vi) Gabilan Range Hydrologic Sub-area 330970. Outlet(s) = Gabilan 
Creek (Lat 36.7800, -121.5836) upstream to endpoint(s) in: Gabilan 
Creek (36.7335, -121.4939).
    (vii) Paso Robles Hydrologic Sub-area 330981. Outlet(s) = Salinas 
River (Lat 35.9241, Long -120.8650) upstream to endpoint(s) in: 
Atascadero Creek (35.4468, -120.7010); Eagle Creek (35.4209, -
120.6760); Graves Creek (35.4838, -120.7631); Hale Creek (35.3964, -
120.6702); Jack Creek (35.5815, -120.8560); Nacimiento River (35.7610, 
-120.8853); Paso Robles Creek (35.5636, -120.8455); Salinas River 
(35.3886, -120.5582); San Antonio River (35.7991, -120.8849); San 
Marcos Creek (35.6734, -120.8140); Santa Margarita Creek (35.3923, -
120.6619); Santa Rita Creek (35.5262, -120.8396); Sheepcamp Creek 
(35.6145, -120.7795); Summit

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Creek (35.6441, -120.8046); Tassajera Creek (35.3895, -120.6926); Trout 
Creek (35.3394, -120.5881); Willow Creek (35.6107, -120.7720).
    (5) Estero Bay Hydrologic Unit 3310--(i) San Carpoforo Hydrologic 
Sub-area 331011. Outlet(s) = San Carpoforo Creek (Lat 35.7646, Long -
121.3247) upstream to endpoint(s) in: Dutra Creek (-121.3273, 35.8197); 
Estrada Creek (-121.2661, 35.7710); San Carpoforo Creek (-121.2745, 
35.8202); Unnamed Tributary (-121.2703, 35.7503); Wagner Creek (-
121.2387, 35.8166).
    (ii) Arroyo De La Cruz Hydrologic Sub-area 331012. Outlet(s) = 
Arroyo De La Cruz (Lat 35.7097, Long -121.3080) upstream to endpoint(s) 
in: Arroyo De La Cruz (-121.1722, 35.6986); Burnett Creek (-121.1920, 
35.7520); Green Canyon Creek (-121.2314, 35.7375); Marmolejo Creek (-
121.1082, 35.6774); Spanish Cabin Creek (-121.1497, 35.7234); Unnamed 
Tributary (-121.1977, 35.7291); West Fork Burnett Creek (-121.2075, 
35.7516).
    (iii) San Simeon Hydrologic Sub-area 331013. Outlet(s) = Arroyo del 
Corral (Lat 35.6838, Long -121.2875); Arroyo del Puerto (35.6432, -
121.1889); Little Pico Creek (35.6336, -121.1639); Oak Knoll Creek 
(35.6512, -121.2197); Pico Creek (35.6155, -121.1495); San Simeon Creek 
(35.5950, -121.1272) upstream to endpoint(s) in: Arroyo Laguna 
(35.6895, -121.2337); Arroyo del Corral (35.6885, -121.2537); Arroyo 
del Puerto (35.6773, -121.1713); Little Pico Creek (35.6890, -
121.1375); Oak Knoll Creek (35.6718, -121.2010); North Fork Pico Creek 
(35.6886, -121.0861); Pico Creek (35.6640, -121.0685); San Simeon Creek 
(35.6228, -121.0561); Steiner Creek (35.6032, -121.0640); Unnamed 
Tributary (35.6482, -121.1067); Unnamed Tributary (35.6616, -121.0639); 
Unnamed Tributary (35.6741, -121.0981); Unnamed Tributary (35.6777, -
121.1503); Unnamed Tributary (35.6604, -121.1571); Unnamed Tributary 
(35.6579, -121.1356); Unnamed Tributary (35.6744, -121.1187); Unnamed 
Tributary (35.6460, -121.1373); Unnamed Tributary (35.6839, -121.0955); 
Unnamed Tributary (35.6431, -121.0795); Unnamed Tributary (35.6820, -
121.2130); Unnamed Tributary (35.6977, -121.2613); Unnamed Tributary 
(35.6702, -121.1884); Unnamed Tributary (35.6817, -121.0885); Van 
Gordon Creek (35.6286, -121.0942).
    (iv) Santa Rosa Hydrologic Sub-area 331014. Outlet(s) = Santa Rosa 
Creek (Lat 35.5685, Long -121.1113) upstream to endpoint(s) in: Green 
Valley Creek (35.5511, -120.9471); Perry Creek (35.5323-121.0491); 
Santa Rosa Creek (35.5525, -120.9278); Unnamed Tributary (35.5965, -
120.9413); Unnamed Tributary (35.5684, -120.9211); Unnamed Tributary 
(35.5746, -120.9746).
    (v) Villa Hydrologic Sub-area 331015. Outlet(s) = Villa Creek (Lat 
35.4601, Long -120.9704) upstream to endpoint(s) in: Unnamed Tributary 
(35.4798, -120.9630); Unnamed Tributary (35.5080, -121.0171); Unnamed 
Tributary (35.5348, -120.8878); Unnamed Tributary (35.5510, -120.9406); 
Unnamed Tributary (35.5151, -120.9497); Unnamed Tributary (35.4917, -
120.9584); Unnamed Tributary (35.5173, -120.0171); Villa Creek 
(35.5352, -120.8942).
    (vi) Cayucos Hydrologic Sub-area 331016. Outlet(s) = Cayucos Creek 
(Lat 35.4491, Long -120.9079) upstream to endpoint(s) in: Cayucos Creek 
(35.4887, -120.8968); Unnamed Tributary (35.5157, -120.9005); Unnamed 
Tributary (35.4943, -120.9513); Unnamed Tributary (35.5257, -120.9271).
    (vii) Old Hydrologic Sub-area 331017. Outlet(s) = Old Creek (Lat 
35.4345, Long -120.8868) upstream to endpoint(s) in: Old Creek 
(35.4480, -120.8871)
    (viii) Toro Hydrologic Sub-area 331018. Outlet(s) = Toro Creek (Lat 
35.4126, Long -120.8739) upstream to endpoint(s) in: Toro Creek 
(35.4945, -120.7934); Unnamed Tributary (35.4917, -120.7983).
    (ix) Morro Hydrologic Sub-area 331021. Outlet(s) = Morro Creek (Lat 
35.3762, Long -120.8642) upstream to endpoint(s) in: East Fork Morro 
Creek (35.4218, -120.7282); Little Morro Creek (35.4155, -120.7532); 
Morro Creek (35.4280, -120.7518); Unnamed Tributary (35.4292, -
120.8122); Unnamed Tributary (35.4458, -120.7906); Unnamed Tributary 
(35.4122, -120.8335); Unnamed Tributary (35.4420, -120.7796).
    (x) Chorro Hydrologic Sub-area 331022. Outlet(s) = Chorro Creek 
(Lat 35.3413, Long -120.8388) upstream to endpoint(s) in: Chorro Creek 
(35.3340, -120.6897); Dairy Creek (35.3699, -120.6911); Pennington 
Creek (35.3655, -120.7144); San Bernardo Creek (35.3935, -120.7638); 
San Luisito (35.3755, -120.7100); Unnamed Tributary (35.3821, -
120.7217); Unnamed Tributary (35.3815, -120.7350).
    (xi) Los Osos Hydrologic Sub-area 331023. Outlet(s) = Los Osos 
Creek (Lat 35.3166, Long -120.8112) upstream to endpoint(s) in: Los 
Osos Creek (35.2727, -120.7636).
    (xii) San Luis Obispo Creek Hydrologic Sub-area 331024. Outlet(s) = 
San Luis Obispo Creek (Lat 35.1822, Long -120.7303) upstream to 
endpoint(s) in: Brizziolari Creek (35.3236, -120.6411); Froom Creek 
(35.2525, -120.7144); Prefumo Creek (35.2615, -120.7081); San Luis 
Obispo Creek (35.3393, -120.6301); See Canyon Creek (35.2306, -
120.7675); Stenner Creek (35.3447, -120.6584); Unnamed Tributary 
(35.2443, -120.7655).
    (xiii) Point San Luis Hydrologic Sub-area 331025. Outlet(s) = Coon 
Creek (Lat 35.2590, Long -120.8951); Islay Creek (35.2753, -120.8884) 
upstream to endpoint(s) in: Coon Creek (35.2493, -120.7774); Islay 
Creek (35.2574, -120.7810); Unnamed Tributary (35.2753, -120.8146); 
Unnamed Tributary (35.2809, -120.8147); Unnamed Tributary (35.2648, -
120.7936).
    (xiv) Pismo Hydrologic Sub-area 331026. Outlet(s) = Pismo Creek 
(Lat 35.1336, Long -120.6408) upstream to endpoint(s) in: East Corral 
de Piedra Creek (35.2343, -120.5571); Pismo Creek (35.1969, -120.6107); 
Unnamed Tributary (35.2462, -120.5856).
    (xvi) Oceano Hydrologic Sub-area 331031. Outlet(s) = Arroyo Grande 
Creek (Lat 35.1011, Long -120.6308) upstream to endpoint(s) in: Arroyo 
Grande Creek (35.1868, -120.4881); Los Berros Creek (35.0791, -
120.4423).
    (6) Maps of proposed critical habitat for the South-central 
California Coast O. mykiss ESU follow:
BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C
    (j) Southern California O. mykiss (Oncorhynchus mykiss). Critical 
habitat is proposed to include the areas defined in the following 
units:

[[Page 71970]]

    (1) Santa Maria River Hydrologic Unit 3312--(i) Santa Maria 
Hydrologic Sub-area 331210. Outlet(s) = Santa Maria River (Lat 34.9710, 
Long -120.6494); Sisquoc River (Lat 34.9042, Long -120.3067); Cuyama 
River (Lat 34.9042, Long -120.3067) upstream to endpoint(s) in: Santa 
Maria River (Lat 34.9042, Long -120.3067); Cuyama River (Lat 34.9058, 
Long -120.3018).
    (ii) Sisquoc Hydrologic Sub-area 331220. Outlet(s) = Sisquoc River 
(Lat 34.8942, Long -120.3053) upstream to endpoint(s) in: La Brea Creek 
(Lat 34.8804, Long -120.1308); South Fork La Brea Creek (Lat 34.9543, 
Long -119.9783); Unnamed Tributary (Lat 34.9342, Long -120.0579); 
Unnamed Tributary (Lat 34.9511, Long -120.0130); North Fork La Brea 
Creek (Lat 34.9681, Long -120.0102); Unnamed Tributary (Lat 34.9687, 
Long -120.1410); Unnamed Tributary (Lat 34.9626, Long -120.1490); 
Unnamed Tributary (Lat 34.9672, Long -120.1184); Unnamed Tributary (Lat 
34.9682, Long -120.0980); Unnamed Tributary (Lat 34.9973, Long -
120.0652); Unnamed Tributary (Lat 34.9922, Long -120.0284); Unnamed 
Tributary (Lat 35.0158, Long -120.0328); Unnamed Tributary (Lat 
34.9464, Long -120.0298); Horse Creek (Lat 34.8373, Long -120.0161); 
Manzana Creek (Lat 34.7082, Long -119.8314); Davey Brown Creek (Lat 
34.7541, Long -119.9641); Unnamed Tributary (Lat 34.7544, Long -
119.9466); Fish Creek (Lat 34.7532, Long -119.9090); Unnamed Tributary 
(Lat 34.7466, Long -119.9038); Unnamed Tributary (Lat 34.7647, Long -
119.8664); Water Canyon (Lat 34.8754, Long -119.9314); Unnamed 
Tributary (Lat 34.8726, Long -119.9515); Unnamed Tributary (Lat 
34.8884, Long -119.9315); Unnamed Tributary (Lat 34.8660, Long -
119.8972); Abel Canyon (Lat 34.8662, Long -119.8344); Unnamed Tributary 
(Lat 34.8677, Long -119.8503); Unnamed Tributary (Lat 34.8608, Long -
119.8531); Unnamed Tributary (Lat 34.8785, Long -119.8448); Unnamed 
Tributary (Lat 34.8615, Long -119.8149); Unnamed Tributary (Lat 
34.8694, Long -119.8220); Unnamed Tributary (Lat 34.7931, Long -
119.8475); Unnamed Tributary (Lat 34.7846, Long -119.8327); Foresters 
Leap (Lat 34.8112, Long -119.7445); Unnamed Tributary (Lat 34.7873, 
Long -119.7674); Unnamed Tributary (Lat 34.7866, Long -119.7542); 
Unnamed Tributary (Lat 34.8129, Long -119.7704); Unnamed Tributary (Lat 
34.7760, Long -119.7439); South Fork Sisquoc River (Lat 34.7300, Long -
119.7868); Unnamed Tributary (Lat 34.7579, Long -119.7989); Unnamed 
Tributary (Lat 34.7510, Long -119.7912); Unnamed Tributary (Lat 
34.7769, Long -119.7139); Unnamed Tributary (Lat 34.7617, Long -
119.6868); Judell Creek (Lat 34.7613, Long -119.6486); Unnamed 
Tributary (Lat 34.7680, Long -119.6494); Unnamed Tributary (Lat 
34.7738, Long -119.6483); Unnamed Tributary (Lat 34.7333, Long -
119.6277); Unnamed Tributary (Lat 34.7519, Long -119.6199); Unnamed 
Tributary (Lat 34.7188, Long -119.6663); Sisquoc River (Lat 34.7087, 
Long -119.6399).
    (2) Santa Ynez Hydrologic Unit 3314--(i) Mouth of Santa Ynez 
Hydrologic Sub-area 331410. Outlet(s) = Santa Ynez River (Lat 34.6930, 
Long -120.6023) upstream to endpoint(s) in: San Miguelito Creek (Lat 
34.6310, Long -120.4623).
    (ii) Santa Ynez, Salsipuedes Hydrologic Sub-area 331420. Outlet(s) 
= Santa Ynez River (Lat 34.6335, Long -120.4116) upstream to 
endpoint(s) in: Salsipuedes Creek (Lat 34.5711, Long -120.4066); El 
Jaro Cr (Lat 34.5327, Long -120.2851); Llanito Cr (Lat 34.5500, Long -
120.2752); El Callejon (Lat 34.5476, Long -120.2691).
    (iii) Santa Ynez, Zaca Hydrologic Sub-area 331430. Outlet(s) = 
Santa Ynez River (Lat 34.6172, Long -120.2352) upstream.
    (iv) Santa Ynez to Bradbury Hydrologic Sub-area 331440. Outlet(s) = 
Santa Ynez River (Lat 34.5847, Long -120.1435) upstream to endpoint(s) 
in: Alisal Creek (Lat 34.5465, Long -120.1348); Alamo Pintado Creek 
(Lat 34.7207, Long -120.1047); Quiota Creek (Lat 34.5370, Long -
120.0311); Santa Agueda Creek (Lat 34.7288, Long -119.9720); San Lucas 
Creek (Lat 34.5558, Long -120.0109); Unnamed Tributary (Lat 34.5646, 
Long -120.0033); Hilton Creek (Lat 34.5839, Long -119.9845); Santa Ynez 
River (Lat 34.5829, Long -119.9795).
    (3) South Coast Hydrologic Unit 3315--(i) Arroyo Hondo Hydrologic 
Sub-area 331510. Outlet(s) = Jalama Creek (Lat 34.5119, Long -
120.5013); Cojo Creek (Lat 34.4531, Long -120.4155); San Augustine 
Creek (Lat 34.4588, Long -120.3532); Santa Anita Creek (Lat 34.4669, 
Long -120.3056); Sacate Creek (Lat 34.4935, Long -120.2990); Alegria 
Creek (Lat 34.4688, Long -120.2710); Gaviota Creek (Lat 34.4706, Long -
120.2257); San Onofre Creek (Lat 34.4699, Long -120.1863); Arroyo Hondo 
Creek (Lat 34.4735, Long -120.1405); Refugio Creek (Lat 34.4627, Long -
120.0686); El Capitan Creek (Lat 34.4577, Long -120.0215); Gato Creek 
(Lat 34.4498, Long -119.9876); Dos Pueblos Creek (Lat 34.4408, Long -
119.9636); Tecolote Creek (Lat 34.4306, Long -119.9163) upstream to 
endpoint(s) in: Jalama Creek (Lat 34.5031, Long -120.3605); Escondido 
Creek (Lat 34.5663, Long -120.4633); Unnamed Tributary (Lat 34.5527, 
Long -120.4538); Cojo Creek (Lat 34.4840, Long -120.4096); La Olla (Lat 
34.4836, Long -120.4061); San Augustine Creek (Lat 34.4598, Long -
120.3551); Santa Anita Creek (Lat 34.4742, Long -120.3075); Sacate 
Creek (Lat 34.4984, Long -120.2983); Unnamed Tributary (Lat 34.4972, 
Long -120.3016); Alegria Creek (Lat 34.4713, Long -120.2704); Gaviota 
Creek (Lat 34.5176, Long -120.2170); San Onofre Creek (Lat 34.4853, 
Long -120.1881); Arroyo Hondo Creek (Lat 34.5112, Long -120.1694); 
Refugio Creek (Lat 34.5110, Long -120.0499); El Capitan Creek (Lat 
34.5238, Long -119.9796); Gato Creek (Lat 34.5204, Long -119.9748); Dos 
Pueblos Creek (Lat 34.5230, Long -119.9239); Tecolote Creek (Lat 
34.5133, Long -119.9049).
    (ii) UCSB Slough Hydrologic Sub-area 331531. Outlet(s) = Tecolito 
Creek (Lat 34.4179, Long -119.8285); San Pedro Creek (Lat 34.4179, Long 
-119.8285) upstream to endpoint(s) in: Carneros Creek (Lat 34.4674, 
Long -119.8574); Tecolito Creek (Lat 34.4478, Long -119.8754); Glen 
Annie Creek (Lat 34.4985, Long -119.8657); Unnamed Tributary (Lat 
34.4774, Long -119.8836); Maria Ygnacio Creek (Lat 34.4900, Long -
119.7820); San Antonio Creek (Lat 34.4553, Long -119.7816); Atascadero 
Creek (Lat 34.4690, Long -119.7555); San Jose Creek (Lat 34.4919, Long 
-119.8023); San Pedro Creek (Lat 34.4774, Long -119.8349).
    (iii) Mission Hydrologic Sub-area 331532. Outlet(s) = Arroyo Burro 
Creek (Lat 34.4023, Long -119.7420); Mission Creek (Lat 34.4124, Long -
119.6866); Sycamore Creek (Lat 34.4166, Long -119.6658) upsream to 
endpoint(s) in: San Roque Creek (Lat 34.4530, Long -119.7314); Arroyo 
Burro Creek (Lat 34.4620, Long -119.7451); Rattlesnake Creek (Lat 
34.4633, Long -119.6893); Mission Creek (Lat 34.4482, Long -119.7079); 
Sycamore Creek (Lat 34.4609, Long -119.6832).
    (iv) San Ysidro Hydrologic Sub-area 331533. Outlet(s) = Montecito 
Creek (Lat 34.4167, Long -119.6334); San Ysidro Creek (Lat 34.4191, 
Long -119.6244); Romero Creek (Lat 34.4186, Long -119.6198) upstream to 
endpoint(s) in: Montecito Creek (Lat 34.4594, Long -119.6532); Unnamed 
Tributary (Lat 34.4753, Long -119.6428); Cold Springs Creek (Lat 
34.4794, Long -119.6594); San Ysidro Creek (Lat

[[Page 71971]]

34.4686, Long -119.6220); Romero Creek (Lat 34.4452, Long -119.5914).
    (v) Carpinteria Hydrologic Sub-area 331534. Outlet(s) = Arroyo 
Paredon (Lat 34.4146, Long -119.5551); Carpenteria Salt Marsh (Santa 
Monica Creek) (Lat 34.3961, Long -119.5365); Carpenteria Lagoon 
(Carpenteria Creek) (Lat 34.3904, Long -119.5195); Rincon Lagoon 
(Rincon Creek) (Lat 34.3733, Long -119.4759) upstream to endpoint(s) 
in: Arroyo Paredon (Lat 34.4371, Long -119.5471); Carpenteria Salt 
Marsh (Santa Monica Creek) (Lat 34.4003, Long -119.5289); Carpenteria 
Salt Marsh (Franklin Creek) (Lat 34.3992, Long -119.5265); Carpinteria 
Creek (Lat 34.4429, Long -119.4955); Unnamed Tributary (Lat 34.4481, 
Long -119.5102); Gobernador Creek (Lat 34.4249, Long -119.4737); Steer 
Creek (Lat 34.4687, Long -119.4586); El Dorado Creek (Lat 34.4682, Long 
-119.4800); Rincon Lagoon (Rincon Creek) (Lat 34.3757, Long -119.4767).
    (4) Ventura River Hydrologic Unit 4402--(i) Ventura Hydrologic Sub-
area 440210. Outlet(s) = Ventura Estuary (Ventura River) (Lat 34.2742, 
Long -119.3067) upstream to endpoint(s) in: Canada Larga (Lat 34.3675, 
Long -119.2367); Sulphur Canyon (Lat 34.3727, Long -119.2353); Hammond 
Canyon (Lat 34.3903, Long -119.2220); Unnamed Tributary (Lat 34.3344, 
Long -119.2416); Unnamed Tributary (Lat 34.3901, Long -119.2737).
    (ii) Ventura Hydrologic Sub-area 440220. Outlet(s) = Ventura River 
(Lat 34.3517, Long -119.3059); San Antonio Creek (Lat 34.3797, Long -
119.3063) upstream to endpoint(s) in: Ventura River (Lat 34.4852, Long 
-119.2985); Matilija Creek (Lat 34.4846, Long -119.3076); North Fork 
Matilija Creek (Lat 34.5129, Long -119.2728); Coyote Creek (lower) (Lat 
34.3735, Long -119.3327).
    (iii) Lions Hydrologic Sub-area 440231. Outlet(s) = Lion Creek (Lat 
34.4222, Long -119.2632) upstream to endpoint(s) in: Lion Creek (Lat 
34.4331, Long -119.1995).
    (iv) Thatcher Hydrologic Sub-area 440232. Outlet(s) = San Antonio 
Creek (Lat 34.4224, Long -119.2635) upstream to endpoint(s) in: San 
Antonio Creek (Lat 34.4674, Long -119.2029); Unnamed Tributary (Lat 
34.4729, Long -119.2250); Unnamed Tributary (Lat 34.4948, Long -
119.1934); Thacher Creek (Lat 34.5016, Long -119.1863); Unnamed 
Tributary (Lat 34.4876, Long -119.2127); Unnamed Tributary (Lat 
34.4992, Long -119.2125); Thacher Creek (Lat 34.4876, Long -119.1675); 
Reeves Creek (Lat 34.4902, Long -119.1426).
    (5) Santa Clara-Calleguas Hydrologic Unit 4403--(i) Mouth of Santa 
Clara Hydrologic Sub-area 440310. Outlet(s) = Santa Clara River (Lat 
34.2348, Long -119.2559) upstream.
    (ii) Santa Clara, Santa Paula Hydrologic Sub-area 440321. Outlet(s) 
= Santa Clara River (Lat 34.2731, Long -119.1464) upstream to 
endpoint(s) in: Santa Paula Creek (Lat 34.4500, Long -119.0554).
    (iii) Sisar Hydrologic Sub-area 440322. Outlet(s) = Sisar Creek 
(Lat 34.4271, Long -119.0900) upstream to endpoint(s) in: Sisar Creek 
(Lat 34.4615, Long -119.1303).
    (iv) Sespe, Santa Clara Hydrologic Sub-area 440331. Outlet(s) = 
Santa Clara River (Lat 34.3513, Long -119.0388); Sespe Creek (Lat 
34.3774, Long -118.9562) upstream to endpoint(s) in: Pole Creek (Lat 
34.4384, Long -118.8876).
    (v) Sespe Hydrologic Sub-area 440332. Outlet(s) = Sespe Creek (Lat 
34.4509, Long -118.9249) upstream to endpoint(s) in: Little Sespe Creek 
(Lat 34.4598, Long -118.8929); Fourfork Creek (Lat 34.4735, Long -
118.8884); Pine Canyon Creek (Lat 34.4488, Long -118.9651); Unnamed 
Tributary (Lat 34.5125, Long -118.9302); West Fork Sespe Creek (Lat 
34.5106, Long -119.0492); Alder Creek (Lat 34.5691, Long -118.9519); 
Unnamed Tributary (Lat 34.5537, Long -119.0039); Unnamed Tributary (Lat 
34.5537, Long -119.0078); Park Creek (Lat 34.5537, Long -119.0019); Red 
Reef Creek (Lat 34.5344, Long -119.0432); Timber Creek (Lat 34.5184, 
Long -119.0688); Bear Creek (Lat 34.5314, Long -119.1031); Trout Creek 
(Lat 34.5869, Long -119.1350); Piedra Blanca Creek (Lat 34.6109, Long -
119.1828); Lion Creek (Lat 34.5047, Long -119.1092); Howard Creek (Lat 
34.5459, Long -119.2144); Rose Valley Creek (Lat 34.5195, Long -
119.1747); Tule Creek (Lat 34.5615, Long -119.2977); Unnamed Tributary 
(Lat 34.5757, Long -119.3042); Unnamed Tributary (Lat 34.5988, Long -
119.2726); Portrero John Creek (Lat 34.6010, Long -119.2685); Munson 
Creek (Lat 34.6152, Long -119.2954); Chorro Grande Creek (Lat 34.6285, 
Long -119.3236); Unnamed Tributary (Lat 34.5691, Long -119.3418); Lady 
Bug Creek (Lat 34.5724, Long -119.3163); Abadi Creek (Lat 34.6099, Long 
-119.4213); Sespe Creek (Lat 34.6295, Long -119.4402).
    (vi) Santa Clara, Hopper Canyon, Piru Hydrologic Sub-area 440341. 
Outlet(s) = Santa Clara River (Lat 34.3860, Long -118.8702) upstream to 
endpoint(s) in: Hopper Creek (Lat 34.4264, Long -118.8299); Santa Clara 
River (Lat 34.3996, Long -118.7828); Piru Creek (Lat 34.4613, Long -
118.7528).
    (6) Santa Monica Bay Hydrologic Unit 4404--(i) Topanga Hydrologic 
Sub-area 440411. Outlet(s) = Topanga Creek (Lat 34.0397, Long -
118.5821) upstream to endpoint(s) in: Topanga Creek (Lat 34.0838, Long 
-118.5971).
    (ii) Malibu Hydrologic Sub-area 440421. Outlet(s) = Malibu Creek 
(Lat 34.0322, Long -118.6787) upstream to endpoint(s) in: Malibu Creek 
(Lat 34.0648, Long -118.6978).
    (iii) Arroyo Sequit Hydrologic Sub-area 440444. Outlet(s) = Arroyo 
Sequit (Lat 34.0445, Long -118.9329) upstream to endpoint(s) in: Arroyo 
Sequit (Lat 34.0834, Long -118.9178); West Fork Arroyo Sequit (Lat 
34.0909, Long -118.9225).
    (7) Calleguas Hydrologic Unit 4408--Calleguas Estuary Hydrologic 
Sub-area 440813. Outlet(s) = Mugu Lagoon (Calleguas Creek) (Lat 
34.1093, Long -119.0917) upstream to endpoint(s) in: Mugu Lagoon 
(Calleguas Creek) (Lat 34.1125, Long -119.0816).
    (8) San Juan Hydrologic Unit 4901--(i) Trabuco Hydrologic Sub-area 
490121. Outlet(s) = Trabuco Creek (Lat 33.5164, Long -117.6718); 
upstream.
    (ii) Upper Trabuco Hydrologic Sub-area 490122. Outlet(s) = Trabuco 
Creek (Lat 33.6619, Long -117.5789) upstream to endpoint(s) in: Trabuco 
Creek (Lat 33.6827, Long -117.4572).
    (iii) Middle Trabuco Hydrologic Sub-area 490123. Outlet(s) = 
Trabuco Creek (Lat 33.5185, Long -117.6718) upstream.
    (iv) Middle San Juan Hydrologic Sub-area 490124. Outlet(s) = San 
Juan Creek (Lat 33.5238, Long -117.6127) upstream.
    (v) Upper San Juan Hydrologic Sub-area 490125. Outlet(s) = San Juan 
Creek (Lat 33.5199, Long -117.5605) upstream to endpoint(s) in: San 
Juan Creek (Lat 33.6092, Long -117.4387).
    (vi) Mid-upper San Juan Hydrologic Sub-area 490126. Outlet(s) = San 
Juan Creek (Lat 33.5241, Long -117.6124) upstream.
    (vii) Lower San Juan Hydrologic Sub-area 490127. Outlet(s) = San 
Juan Creek (Lat 33.4621, Long -117.6833); Trabuco Creek (Lat 33.5164, 
Long -117.6718) upstream.
    (viii) Middle San Juan Hydrologic Sub-area 490128. Outlet(s) = San 
Juan Creek (Lat 33.4969, Long -117.6551) upstream.
    (ix) San Mateo Hydrologic Sub-area 490140. Outlet(s) = San Mateo 
Creek (Lat 33.3851, Long -117.5924) upstream to endpoint(s) in: San 
Mateo Creek (Lat 33.4827, Long -117.3692); San Mateo Canyon (Lat 
33.4957, Long -117.4513).

[[Page 71972]]

    (9) Maps of proposed critical habitat for the Southern California 
O. mykiss ESU follow:
BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C
    (k) Central Valley spring-run chinook (Oncorhynchus tshawytscha). 
Critical habitat is proposed to include the areas defined in the 
following units:

[[Page 71981]]

    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Glenn-Colusa Canal (Lat 39.6762, Long -
122.0151); Stony Creek (39.7122, -122.0072) upstream to endpoint(s) in: 
Glenn-Colusa Canal (39.7122, -122.0072); Stony Creek (39.8178, -
122.3253).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: 
Antelope Creek (40.2023, -122.1275); Big Chico Creek (39.7757, -
121.7525); Blue Tent Creek (40.2284, -122.2551); Burch Creek (39.8526, 
-122.1502); Coyote Creek (40.0929, -122.1621); Craig Creek (40.1617, -
122.1350); Deer Creek (40.0144, -121.9481); Dibble Creek (40.2003, -
122.2420); Dye Creek (40.0904, -122.0767); Elder Creek (40.0526, -
122.1717); Jewet Creek (39.8913, -122.1005); Kusal Slough (39.7577, -
121.9699); Lindo Channel (39.7623, -121.7923); McClure Creek (40.0074, 
-122.1729); Mill Creek (40.0550, -122.0317); Mud Creek (39.7931, -
121.8865); New Creek (40.1873, -122.1350); Oat Creek (40.0847, -
122.1658); Pine Creek (39.8760, -121.9777); Red Bank Creek (40.1391, -
122.2157); Reeds Creek (40.1687, -122.2377); Rice Creek (39.8495, -
122.1626); Rock Creek (39.8189, -121.9124); Salt Creek (40.1869, -
122.1845); Singer Creek (39.9200, -121.9612); Thomes Creek (39.8822, -
122.5527); Toomes Creek (39.9808, -122.0642); Unnamed Tributary 
(39.8532, -122.1627); Unnamed Tributary (40.1682, -122.1459).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Battle 
Creek (40.4228, -121.9975); North Fork Battle Creek (40.4746, -
121.8436); South Fork Battle Creek (40.3549, -121.6861).
    (iii) Inwood Hydrologic Sub-area 550722. Outlet(s) = Bear Creek 
(Lat 40.4352, Long -122.2039) upstream to endpoint(s) in: Bear Creek 
(40.4859, -122.1529); Dry Creek (40.4574, -122.1993).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Anderson Creek (40.3910, -
122.1984); Ash Creek (40.4451, -122.1815); Battle Creek (40.4083, -
122.1102); Churn Creek (40.5431, -122.3395); Clear Creek (40.5158, -
122.5256); Cow Creek (40.5438, -122.1318); Olney Creek (40.5262, -
122.3783); Paynes Creek (40.2810, -122.1587); South Cow Creek (40.5440, 
-122.1314); Stillwater Creek (40.4789, -122.2597).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = 
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s) 
in: Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek 
(40.3314, -122.6663); South Fork Cottonwood Creek (40.1578, -122.5809).
    (4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek 
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7777, 
Long -121.7495) upstream to endpoint(s) in: Big Chico Creek (39.8873, -
121.6979).
    (ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek 
(Lat 40.0144, Long -121.9481) upstream to endpoint(s) in: Deer Creek 
(40.2019, -121.5130).
    (iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill 
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill 
Creek (40.3997, -121.5135).
    (iv) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = 
Antelope Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) 
in: Antelope Creek (40.2416, -121.8630); North Fork Antelope Creek 
(40.2691, -121.8226); South Fork Antelope Creek (40.2309, -121.8325).
    (5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta 
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0612, 
Long -121.7948) upstream to endpoint(s) in: Cache Slough (38.3078, -
121.7592); Delta Cross Channel (38.2433, -121.4964); Elk Slough 
(38.4140, -121.5212); Elkhorn Slough (38.2898, -121.6271); Georgiana 
Slough (38.2401, -121.5172); Miners Slough (38.2864, -121.6051); 
Prospect Slough (38.1477, -121.6641); Sevenmile Slough (38.1171, -
121.6298); Steamboat Slough (38.1123, -121.5966); Sutter Slough 
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Yolo 
Bypass (38.5800, -121.5838).
    (6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek 
Hydrologic Sub-area 551120. Outlet(s) = Yolo Bypass (Lat 38.5800, Long 
-121.5838) upstream to endpoint(s) in: Sacramento Bypass (38.6057, -
121.5563); Yolo Bypass (38.7627, -121.6325).
    (7) Marysville Hydrologic Unit 5515--(i) Lower Yuba River 
Hydrologic Sub-area 551530. Outlet(s) = Yuba River (Lat 39.1270, Long -
121.5981) upstream to endpoint(s) in: Yuba River (39.2203, -121.3314).
    (ii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) = 
Feather River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: 
Feather River (39.5203, -121.5475).
    (8) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic 
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2207, Long -121.4088); 
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek 
(39.3201, -121.3117); Yuba River (39.2305, -121.2813).
    (ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River 
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River 
(39.2388, -121.2698).
    (iii) Nevada City Hydrologic Sub-area 551720. Outlet(s) = Deer 
Creek (Lat 39.2303, Long -121.2813) upstream to endpoint(s) in: Deer 
Creek (39.2354, -121.2192).
    (9) Valley-American Hydrologic Unit 5519--Pleasant Grove Hydrologic 
Sub-area 551922. Outlet(s) = Sacramento River (Lat 38.5965, Long -
121.5086) upstream to endpoint(s) in: Feather River (39.1264, -
121.5984).
    (10) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter 
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604, 
Long -121.6767) upstream.
    (ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) = 
Sacramento River (Lat 38.7851, Long -121.6238) upstream to endpoint(s) 
in: Butte Creek (39.1987, -121.9285); Butte Slough (39.1987, -
121.9285); Nelson Slough (38.8901, -121.6352); Sacramento Slough 
(38.7843, -121.6544); Sutter Bypass (39.1417, -121.8196; 39.1484, -
121.8386); Unnamed Tributary (39.1586, -121.8747).
    (iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte 
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte creek (39.1949, -121.9361); 
Colusa Bypass (39.2276, -121.9402); Unnamed Tributary (39.6762, -
122.0151).
    (11) Butte Creek Hydrologic Unit 5521--Upper Little Chico 
Hydrologic Sub-area 552130. Outlet(s) = Butte Creek (Lat 39.7096, -
121.7504) upstream to endpoint(s) in Butte Creek 3(9.8665, -121.6344).
    (12) Shasta Bally Hydrologic Unit 5524--(i) Platina Hydrologic Sub-
area 552436. Outlet(s) = Middle Fork Cottonwood Creek (Lat 40.3314, -
122.6663) upstream to endpoint(s) in Beegum Creek (40.3066, -122.9205);

[[Page 71982]]

Middle Fork Cottonwood Creek (40.3655, -122.7451).
    (ii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = 
Sacramento River (Lat 40.5943, Long -122.4343) upstream to endpoint(s) 
in: Sacramento River (40.6116, -122.4462)
    (iii) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear 
Creek (Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear 
Creek (40.5992, -122.5394).
    (13) Maps of proposed critical habitat for the Central Valley 
spring-run chinook salmon ESU follow:
BILLING CODE 3510-22-P

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BILLING CODE 3510-22-C
    (l) Central Valley O. mykiss (Oncorhynchus mykiss). Critical 
habitat is proposed to include the areas defined in the following 
units:

[[Page 71995]]

    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Stony Creek (Lat 39.6760, Long -121.9732) 
upstream to endpoint(s) in: Stony Creek (39.8199, -122.3391).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: 
Antelope Creek (40.2023, -122.1272); Big Chico Creek (39.7757,-
121.7525); Blue Tent Creek (40.2166, -122.2362); Burch Creek (39.8495, 
-122.1615); Butler Slough (40.1579, -122.1320); Craig Creek (40.1617, -
122.1350); Deer Creek (40.0144, -121.9481); Dibble Creek (40.2002, -
122.2421); Dye Creek (40.0910, -122.0719); Elder Creek (40.0438, -
122.2133); Lindo Channel (39.7623, -121.7923); McClure Creek (40.0074, 
-122.1723); Mill Creek (40.0550, -122.0317); Mud Creek (39.7985, -
121.8803); New Creek (40.1873, -122.1350); Oat Creek (40.0769, -
122.2168); Red Bank Creek (40.1421, -122.2399); Rice Creek (39.8484, -
122.1252); Rock Creek (39.8034, -121.9403); Salt Creek (40.1572, -
122.1646); Thomes Creek (39.8822, -122.5527); Unnamed Tributary 
(40.1867, -122.1353); Unnamed Tributary (40.1682, -122.1459); Unnamed 
Tributary (40.1143, -122.1259); Unnamed Tributary (40.0151, -122.1148); 
Unnamed Tributary (40.0403, -122.1009); Unnamed Tributary (40.0514, -
122.0851); Unnamed Tributary (40.0530, -122.0769).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Baldwin 
Creek (40.4369, -121.9885); Battle Creek (40.4228, -121.9975); Brush 
Creek (40.4913, -121.8664); Millseat Creek (40.4808, -121.8526); Morgan 
Creek (40.3654, -121.9132); North Fork Battle Creek (40.4877, -
121.8185); Panther Creek (40.3897, -121.6106); South Ditch (40.3997, -
121.9223); Ripley Creek (40.4099, -121.8683); Soap Creek (40.3904, -
121.7569); South Fork Battle Creek (40.3531, -121.6682); Unnamed 
Tributary (40.3567, -121.8293); Unnamed Tributary (40.4592, -121.8671).
    (iii) Ash Creek Hydrologic Sub-area 550721. Outlet(s) = Ash Creek 
(Lat 40.4401, Long -122.1375) upstream to endpoint(s) in: Ash Creek 
(40.4628, -122.0066).
    (iv) Inwood Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat 
40.4628, Long -122.0066); Bear Creek (40.4352, -122.2039) upstream to 
endpoint(s) in: Ash Creek (40.4859, -121.8993); Bear Creek (40.5368, -
121.9560); North Fork Bear Creek (40.5736, -121.8683).
    (v) South Cow Creek Hydrologic Sub-area 550731. Outlet(s) = South 
Cow Creek (Lat 40.5438, Long -122.1318) upstream to endpoint(s) in: 
South Cow Creek (40.6023, -121.8623).
    (vi) Old Cow Creek Hydrologic Sub-area 550732. Outlet(s) = Clover 
Creek (Lat 40.5788, Long -122.1252); Old Cow Creek (40.5438, -122.1318) 
upstream to endpoint(s) in: Clover Creek (40.6305, -122.0304); Old Cow 
Creek (40.5442, -122.1317).
    (vii) Little Cow Creek Hydrologic Sub-area 550733. Outlet(s) = 
Little Cow Creek (Lat 40.6148, -122.2271); Oak Run Creek (40.6171, -
122.1225) upstream to endpoint(s) in: Little Cow Creek (40.7114, -
122.0850); Oak Run Creek (40.6379, -122.0856).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Ash Creek (40.4401, -122.1375); 
Battle Creek (40.4083, -122.1102); Bear Creek (40.4360, -122.2036); 
Churn Creek (40.5986, -122.3418); Clear Creek (40.5158, -122.5256); 
Clover Creek (40.5788, -122.1252); Cottonwood Creek (40.3777, -
122.1991); Cow Creek (40.5437, -122.1318); East Fork Stillwater Creek 
(40.6495, -122.2934); Inks Creek (40.3305, -122.1520); Little Cow Creek 
(40.6148, -122.2271); Oak Run (40.6171, -122.1225); Old Cow Creek 
(40.5442, -122.1317); Olney Creek (40.5439, -122.4687); Paynes Creek 
(40.3024, -122.1012); Stillwater Creek (40.6264, -122.3056); Sulphur 
Creek (40.6164, -122.4077).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = Creek 
(Lat 40.3777, Long -122.1991) upstream to endpoint(s) in: Cold Fork 
Cottonwood Creek (40.2060, -122.6608); Cottonwood Creek (40.3943, -
122.5254); Middle Fork Cottonwood Creek (40.3314, -122.6663); North 
Fork Cottonwood Creek (40.4539, -122.5610); South Fork Cottonwood Creek 
(40.1578, -122.5809).
    (4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek 
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757, 
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8898, -
121.6952).
    (ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek 
(Lat 40.0142, Long -121.9476) upstream to endpoint(s) in: Deer Creek 
(40.2025, -121.5130).
    (iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill 
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill 
Creek (40.3766, -121.5098); Rocky Gulch Creek (40.2888, -121.5997).
    (iv) Dye Creek Hydrologic Sub-area 550962. Outlet(s) = Dye Creek 
(Lat 40.0910, Long -122.0719) upstream to endpoint(s) in: Dye Creek 
(40.0996, -121.9612).
    (v) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope 
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: 
Antelope Creek (40.2416, -121.8630); Middle Fork Antelope Creek 
(40.2673, -121.7744); North Fork Antelope Creek (40.2807, -121.7645); 
South Fork Antelope Creek (40.2521, -121.7575).
    (vi) Paynes Creek Hydrologic Sub-area 550964. Outlet(s) = Paynes 
Creek (Lat 40.3024, Long -122.1012) upstream to endpoint(s) in: Paynes 
Creek (40.3357, -121.8300).
    (5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta 
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0653, 
Long -121.8418) upstream to endpoint(s) in: Cache Slough (38.2984, -
121.7490); Elk Slough (38.4140, -121.5212); Elkhorn Slough (38.2898, -
121.6271); Georgiana Slough (38.2401, -121.5172); Horseshoe Bend 
(38.1078, -121.7117); Lindsey Slough (38.2592, -121.7580); Miners 
Slough (38.2864, -121.6051); Prospect Slough (38.2830, -121.6641); 
Putah Creek (38.5155, -121.5885); Sevenmile Slough (38.1171, -
121.6298); Streamboat Slough (38.3052, -121.5737); Sutter Slough 
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Ulatis 
Creek (38.2961, -121.7835); Unnamed Tributary (38.2937, -121.7803); 
Unnamed Tributary (38.2937, -121.7804); Yolo Bypass (38.5800, -
121.5838).
    (6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek 
Hydrologic Sub-area 551120. Outlet(s) = Sacramento Bypass (Lat 38.6057, 
Long -121.5563); Yolo Bypass (38.5800, -121.5838) upstream to 
endpoint(s) in: Sacramento Bypass (38.5969, -121.5888); Yolo Bypass 
(38.7627, -121.6325).
    (7) American River Hydrologic Unit 5514--Auburn Hydrologic Sub-area 
551422. Outlet(s) = Aubourn Ravine (Lat 38.8921, Long -121.2181); Coon 
Creek (38.9891, -121.2556); Doty Creek (38.9401, -121.2434) upstream to 
endpoint(s) in: Auburn Ravine (38.8888, -121.1151); Coon Creek 
(38.9659,

[[Page 71996]]

-121.1781); Doty Creek (38.9105, -121.1244).
    (8) Marysville Hydrologic Unit 5515--(i) Lower Yuba River 
Hydrologic Sub-area 551530. Outlet(s) = Yuba River (Lat 39.1270, Long -
121.5981) upstream to endpoint(s) in: Bear River (39.2203, -121.3314).
    (ii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) = 
Feather River (Lat 39.1264, Long -121.5984) upstream to endpoint(s) in: 
Feather River (39.5205, -121.5475).
    (9) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic 
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2215, Long -121.4082); 
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek 
(39.3232, Long -121.3155); Yuba River (39.2305, -121.2813).
    (ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River 
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River 
(39.2399, -121.2689).
    (10) Valley-American Hydrologic Unit 5519--(i) Lower American 
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, -
121.5088) upstream to endpoint(s) in: American River (38.6373, -
121.2202); Dry Creek (38.7554, -121.2676); Miner's Ravine (38.8429, -
121.1178); Natomas East Main Canal (38.6646, -121.4770); Secret 
Ravine(38.8541, -121.1223).
    (ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) = 
Sacramento River (Lat 38.6026, Long -121.5155) upstream to endpoint(s) 
in: Auburn Ravine (38.8913, -121.2424); Coon Creek (38.9883, -
121.2609); Doty Creek (38.9392, -121.2475); Feather River (39.1264, -
121.5984).
    (11) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter 
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604, 
Long -121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
121.7456).
    (ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) = 
Sacramento River (Lat 38.7851, Long -121.6238) upstream to endpoint(s) 
in: Butte Creek (39.1990, -121.9286); Butte Slough (39.1987, -
121.9285); Nelson Slough (38.8956, -121.6180); Sacramento Slough 
(38.7844, -121.6544); Sutter Bypass (39.1586, -121.8747).
    (iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte 
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte Creek (39.1949, -121.9361); 
Colusa Bypass (39.2276, -121.9402); Little Chico Creek (39.7380, -
121.7490); Little Dry Creek (39.6781, -121.6580).
    (12) Butte Creek Hydrologic Unit 5521--(i) Upper Butte Creek 
Hydrologic Sub-area 552120. Outlet(s) = Little Chico Creek (Lat 
39.7380, Long -121.7490) upstream to endpoint(s) in: Little Chico Creek 
(39.8680, -121.6660).
    (ii) Upper Little Chico Hydrologic Sub-area 552130. Outlet(s) = 
Butte Creek (Lat 39.7097, Long -121.7503) upstream to endpoint(s) in: 
Butte Creek (39.8215, -121.6468); Little Butte Creek (39.8159, -
121.5819).
    (13) Ball Mountain Hydrologic Unit 5523--Thomes Creek Hydrologic 
Sub-area 552310. Outlet(s) = Thomes Creek (39.8822, -122.5527) upstream 
to endpoint(s) in: Doll Creek (39.8941, -122.9209); Fish Creek 
(40.0176, -122.8142); Snake Creek (39.9945, -122.7788); Thomes Creek 
(39.9455, -122.8491); Willow Creek (39.8930, -122.9051).
    (14) Shasta Bally Hydrologic Unit 5524--(i) South Fork Hydrologic 
Sub-area 552433. Outlet(s) = Cold Fork Cottonwood Creek (Lat 40.2060, 
Long -122.6608); South Fork Cottonwood Creek (40.1578, -122.5809) 
upstream to endpoint(s) in: Cold Fork Cottonwood Creek (40.1881, -
122.8690); South Fork Cottonwood Creek (40.1232, -122.8761).
    (ii) Ono Hydrologic Sub-area 552435. Outlet(s) = North Fork 
Cottonwood Creek (Lat 40.4539, Long -122.5610) upstream to endpoint(s) 
in: North Fork Cottonwood Creek (40.5005, -122.6972).
    (iii) Platina Hydrologic Sub-area 552436. Outlet(s) = Middle Fork 
Cottonwood Creek (Lat 40.3314, Long -122.6663) upstream to endpoint(s) 
in: Beegum Creek (40.3149, -122.9776): Middle Fork Cottonwood Creek 
(40.3512, -122.9629).
    (iv) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = 
Sacramento River (Lat 40.5943, Long -122.4343) upstream to endpoint(s) 
in: Middle Creek (40.5904, -121.04825); Rock Creek (40.6137, -
122.5180); Sacramento River (40.6116, -122.4462); Salt Creek (40.5830, 
-122.4586); Unnamed Tributary (40.5734, -122.4844).
    (v) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear Creek 
(Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear Creek 
(40.5998, 122.5399).
    (15) North Valley Floor Hydrologic Unit 5531--(i) Lower Mokelumne 
Hydrologic Sub-area 553120. Outlet(s) = Mokelumne River (Lat 38.2104, 
Long -121.3804) upstream to endpoint(s) in: Mokelumne River (38.2263, -
121.0241); Murphy Creek (38.2491, -121.0119).
    (ii) Lower Calaveras Hydrologic Sub-area 553130. Outlet(s) = 
Calaveras River (Lat 37.9836, Long -121.3110); Mormon Slough (37.9456, 
-121.2907) upstream to endpoint(s) in: Calaveras River (38.1025, -
120.8503); Mormon Slough (38.0532, -121.0102); Stockton Diverting Canal 
(37.9594, -121.2024).
    (16) Upper Calaveras Hydrologic Unit 5533--New Hogan Reservoir 
Hydrologic Sub-area 553310. Outlet(s) = Calaveras River (Lat 38.1025, 
Long -120.8503) upstream to endpoint(s) in: Calaveras River (38.1502, -
120.8143).
    (17) Stanislaus River Hydrologic Unit 5534--Table Mountain 
Hydrologic Sub-area 553410. Outlet(s) = Stanislaus River (Lat 37.8355, 
Long -120.6513) upstream to endpoint(s) in: Stanislaus River (37.8631, 
-120.6298).
    (18) San Joaquin Valley Floor Hydrologic Unit 5535--(i) Riverbank 
Hydrologic Sub-area 553530. Outlet(s) = Stanislaus River (Lat 37.6648, 
Long -121.2414) upstream to endpoint(s) in: Stanislaus River (37.8355, 
-120.6513).
    (ii) Turlock Hydrologic Sub-area 553550. Outlet(s) = Tuolumne River 
(Lat 37.6059, Long -121.1739) upstream.
    (iii) Montpelier Hydrologic Sub-area 553560. Outlet(s) = Tuolumne 
River (Lat 37.6401, Long -120.6526) upstream to endpoint(s) in: 
Tuolumne River (37.6721, -120.4445).
    (iv) El Nido-Stevinson Hydrologic Sub-area 553570. Outlet(s) = 
Merced River (Lat 37.3505, Long -120.9619) upstream to endpoint(s) in: 
Merced River (37.3620, -120.8507).
    (v) Merced Hydrologic Sub-area 553580. Outlet(s) = Merced River 
(Lat 37.3620, Long -120.8507) upstream to endpoint(s) in: Merced River 
(37.4982, -120.4612).
    (vi) Fahr Creek Hydrologic Sub-area 553590. Outlet(s) = Merced 
River (Lat 37.4982, Long -120.4612) upstream to endpoint(s) in: Merced 
River (37.5081, -120.3581).
    (19) Delta-Mendota Canal Hydrologic Unit 5541--(i) Patterson 
Hydrologic Sub-area 554110. Outlet(s) = San Joaquin River (Lat 37.6763, 
Long -121.2653) upstream to endpoint(s) in: San Joaquin River (37.3491, 
-120.9759).
    (ii) Los Banos Hydrologic Sub-area 554120. Outlet(s) = Merced River 
(Lat 37.3490, Long -120.9756) upstream to endpoint(s) in: Merced River 
(37.3505, -120.9619).
    (20) San Joaquin Delta Hydrologic Unit 5544--San Joaquin Delta 
Hydrologic Sub-area 554400. Outlet(s) = San Joaquin River (Lat 38.0246, 
Long -121.7471) upstream to endpoint(s) in: Big Break (38.0160, -
121.6849); Bishop Cut (38.0870, -121.4158); Calaveras River (37.9836, -
121.3110); Cosumnes

[[Page 71997]]

River (38.2538, -121.4074); Disappointment Slough (38.0439, -121.4201); 
Dutch Slough (38.0088, -121.6281); Empire Cut (37.9714, -121.4762); 
False River (38.0479, -121.6232); Frank's Tract (38.0220, -121.5997); 
Frank's Tract (38.0300, -121.5830); Holland Cut (37.9939, -121.5757); 
Honker Cut (38.0680, -121.4589); Kellog Creek (37.9158, -121.6051); 
Latham Slough (37.9716, -121.5122); Middle River (37.8216, -121.3747); 
Mokelumne River (38.2104, -121.3804); Mormon Slough (37.9456,-
121.2907); Mosher Creek (38.0327, -121.3650); North Mokelumne River 
(38.2274, -121.4918); Old River (37.8086, -121.3274); Orwood Slough 
(37.9409, -121.5332); Paradise Cut (37.7605, -121.3085); Pixley Slough 
(38.0443, -121.3868); Potato Slough (38.0440, -121.4997); Rock Slough 
(37.9754, -121.5795); Sand Mound Slough (38.0220, -121.5997); Stockton 
Deep Water Channel (37.9957, -121.4201); Turner Cut (37.9972, -
121.4434); Unnamed Tributary (38.1165, -121.4976); Victoria Canal 
(37.8891, -121.4895); White Slough (38.0818, -121.4156); Woodward Canal 
(37.9037, -121.4973).
    (21) Maps of the proposed critical habitat for the Central Valley 
O. mykiss ESU follow:
BILLING CODE 3510-22-P

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[FR Doc. 04-26681 Filed 12-9-04; 8:45 am]
BILLING CODE 3510-22-C