[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Proposed Rules]
[Pages 19184-19192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9141]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2008-0089; 81420-1117-8B10 B4]
RIN 1018-AV90


Endangered and Threatened Wildlife and Plants; Revised 
Designation of Critical Habitat for the California Red-Legged Frog 
(Rana aurora draytonii)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period, notice of 
availability of draft economic analysis, and amended required 
determinations.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the comment period on our September 16, 2008, proposed 
revised designation of critical habitat for the California red-legged 
frog under the Endangered Species Act of 1973, as amended (Act). We 
also announce the availability of the draft economic analysis (DEA), a 
revision to proposed critical habitat Unit MEN-1, and an amended 
required determinations section of the proposal. We are reopening the 
comment period to allow all interested parties an opportunity to 
comment simultaneously on the proposed revision of critical habitat 
(including the changes to proposed critical habitat Unit MEN-1), the 
associated DEA, and the amended required determinations section. 
Comments previously submitted on this rulemaking do not need to be 
resubmitted. These comments have already been incorporated into the 
public record and will be fully considered in preparation of the final 
rule.

DATES: We will accept comments received on or before May 28, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AV90; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Susan Moore, Field Supervisor, U.S. 
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 
Cottage Way, Room W-2605, Sacramento, CA 95825; telephone 916-414-6600; 
facsimile 916-414-6712. If you use a telecommunications device for the 
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: 

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed revision to critical habitat 
for the California red-legged frog published in the Federal Register on 
September 16, 2008 (73 FR 53492), as revised by this notice, the DEA of 
the proposed revised designation, and the amended required 
determinations provided in this document. We will consider information 
and recommendations from all interested parties. We are particularly 
interested in comments concerning:
    (1) The reasons why we should or should not designate habitat as 
critical habitat under section 4 of the Act (16 U.S.C. 1531 et seq.), 
including whether there are threats to the subspecies from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat is not 
prudent.
    (2) Specific information on:
     The amount and distribution of California red-legged frog 
habitat,
     Locations within the geographical area occupied at the 
time of listing that contain features essential to the conservation of 
the subspecies that we should include in the designation and why, and

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     Locations not within the geographical area occupied at the 
time of listing that are essential to the conservation of the 
subspecies and why.
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed revised critical 
habitat.
    (4) Probable economic, national security, or other impacts of 
designating particular areas as critical habitat. We are particularly 
interested in any impacts on small entities, and the benefits of 
including or excluding areas that exhibit these impacts.
    (5) The potential exclusion of non-Federal lands covered by the 
East Contra Costa County Habitat Conservation Plan (ECCHCP) from final 
revised critical habitat, and whether such exclusion is appropriate and 
why.
    (6) The potential exclusion of non-Federal lands owned and managed 
by the East Bay Regional Park District within the boundaries of the 
ECCHCP from final revised critical habitat, and whether such exclusion 
is appropriate and why.
    (7) The potential exclusion of non-Federal lands covered by the 
Western Riverside County Multiple Species Habitat Conservation Plan 
(MSHCP) from final revised critical habitat, and whether such exclusion 
is appropriate and why.
    (8) The potential exclusion of non-Federal lands covered by the 
Bonny Doon Settlement Ponds Habitat Conservation Plan from final 
revised critical habitat, and whether such exclusion is appropriate and 
why.
    (9) Whether the lands proposed as critical habitat on Department of 
Defense land at Vandenberg Air Force Base in Santa Barbara County and 
Camp San Luis Obispo in San Luis Obispo County should be exempted under 
section 4(a)(3) of the Act or excluded under section 4(b)(2) of the Act 
and why.
    (10) Whether the U.S. Forest Service lands managed under the Sierra 
Nevada Forest Plan Amendment within the units being proposed as 
critical habitat should be excluded and why under section 4(b)(2) of 
the Act.
    (11) Whether Unit CAL-1 (Young's Creek) in Calaveras County should 
be excluded and why under section 4(b)(2) of the Act.
    (12) Whether changes made to the proposed critical habitat Unit 
MEN-1 in Mendocino County appropriately reflect the current knowledge 
of the subspecies distribution and occurrence within the area and 
whether that area should be designated as critical habitat.
    (13) Whether there are areas we previously designated, but did not 
include in our proposed revision to critical habitat, that should be 
designated as critical habitat.
    (14) Information on the extent to which any Federal, State, and 
local environmental protection measures we reference in the DEA were 
adopted largely as a result of the subspecies' listing.
    (15) Information on whether the DEA identifies all Federal, State, 
and local costs and benefits attributable to the proposed revision of 
critical habitat, and information on any costs or benefits that we may 
have overlooked.
    (16) Information on whether the DEA makes appropriate assumptions 
regarding current practices and any regulatory changes that likely may 
occur if we designate revised critical habitat.
    (17) Information on whether the DEA correctly assesses the effect 
on regional costs associated with any land use controls that may result 
from the revised designation of critical habitat.
    (18) Information on areas that the revised critical habitat 
designation could potentially impact to a disproportionate degree.
    (19) Information on whether the DEA identifies all costs that could 
result from the proposed revised designation.
    (20) Information on any quantifiable economic benefits of the 
revised designation.
    (21) Whether the benefits of excluding any particular area outweigh 
the benefits of including that area under section 4(b)(2) of the Act.
    (22) Economic data on the incremental costs of designating a 
particular area as revised critical habitat.
    (23) Whether we could improve or modify our approach to designating 
critical habitat to provide for greater public participation and 
understanding, or assist us in accommodating public concerns and 
comments.
    (24) Any foreseeable impacts on energy supplies, distribution, and 
use resulting from the proposed designation and, in particular, any 
impacts on electricity production, and the benefits of including or 
excluding areas that exhibit these impacts.
    If you submitted comments or information on the proposed revised 
rule (73 FR 53492) during the initial comment period from September 16, 
2008, to November 17, 2008, please do not resubmit them. These comments 
are included in the public record for this rulemaking and we will fully 
consider them in the preparation of our final determination. Our final 
determination concerning revised critical habitat will take into 
consideration all written comments and any additional information we 
receive during both comment periods. On the basis of public comments, 
we may, during the development of our final determination, find that 
areas within those proposed do not meet the definition of critical 
habitat, that some modifications to the described boundaries are 
appropriate, or that areas are appropriate for exclusion under section 
4(b)(2) of the Act.
    You may submit your comments and materials concerning the proposed 
revised rule or DEA by one of the methods listed in the ADDRESSES 
section. We will not consider comments sent by e-mail or fax or to an 
address not listed in the ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed revised rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    You may obtain copies of the original proposed revision of critical 
habitat and the DEA on the Internet at http://www.regulations.gov, on 
the Sacramento Fish and Wildlife Office web page at http://www.fws.gov/sacramento, or by contacting the Sacramento Fish and Wildlife Office 
(see FOR FURTHER INFORMATION CONTACT).

Background

    For more information on previous Federal actions concerning the 
California red-legged frog, refer to the proposed revised designation 
of critical habitat published in the Federal Register on September 16, 
2008 (73 FR 53492). On December 12, 2007, the Center for Biological 
Diversity filed a complaint in the U.S. District Court for the Northern 
District of California challenging our designation of critical habitat 
for the California red-legged frog (Center for Biological Diversity v. 
Kempthorne, et al., Case No. C-07-6404-WHA). On April 2, 2008, the 
court entered a consent decree requiring a proposed revised critical 
habitat rule to

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be submitted to the Federal Register by August 29, 2008, and a final 
revised critical habitat designation to be submitted to the Federal 
Register by August 31, 2009.
    Section 3 of the Act defines critical habitat as the specific areas 
within the geographical area occupied by a species, at the time it is 
listed in accordance with the Act, on which are found those physical or 
biological features essential to the conservation of the species and 
that may require special management considerations or protection, and 
specific areas outside the geographical area occupied by a species at 
the time it is listed, upon a determination that such areas are 
essential for the conservation of the species. If the proposed rule is 
made final, section 7 of the Act will prohibit destruction or adverse 
modification of critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
affecting areas designated as critical habitat must consult with us on 
the effects of their proposed actions, under section 7(a)(2) of the 
Act.
    Under section 4(b)(2) of the Act, we may exclude an area from 
critical habitat if we determine that the benefits of such exclusion 
outweigh the benefits of including that particular area as critical 
habitat, unless failure to designate that specific area as critical 
habitat will result in the extinction of the species. In making a 
decision to exclude areas, we consider the economic impact, impact on 
national security, or any other relevant impact of the designation.

Change in Nomenclature

    Until recently the red-legged frog was recognized as two 
conspecific subspecies, Rana aurora aurora and Rana aurora draytonii. 
Recent genetic analysis of the Rana aurora/draytonii complex has 
concluded that the two Rana aurora subspecies are in fact separate 
species (Shaffer et al. 2004, pp. 2667-2677, Frost et al. 2006, p. 
370). Separate species status was originally proposed for R. aurora and 
R. draytonii by Baird & Girard (1852, pp. 174-177), but they were later 
reclassified as a single species with two subspecies (Camp 1917, pp. 
115-125). Slater (1939, pp. 145-149) later recognized R. cascadae as a 
separate species more closely related to R. aurora. R. draytonii 
differs from R. aurora, the Northern red-legged frog, both physically 
and behaviorally. Adult R. draytonii tend to be larger and longer (35 
to 40 millimeters (mm) (1.4 to 1.6 inches (in.)) than adult R. aurora 
(Hayes and Miyamoto 1984, pp. 1018-1022) and have dorsal spots with 
usually lighter centers (Stebbins 1951, p. 334). R. draytonii has 
paired vocal sacs and typically calls from the air, while R. aurora 
lacks vocal sacs and typically calls from underwater (Hayes and 
Krempels 1986, pp. 929-932; Licht 1969, p. 1290). Based on the genetic 
analysis by Shaffer et al. (2004), the herpetological community, 
academic and governmental researchers, and biologists have accepted the 
raise to species level and nomenclature change for the California red-
legged frog. As a result, we are proposing to make a nomenclature 
change to the California red-legged frog from Rana aurora draytonii to 
Rana draytonii and have included those proposed changes in the 
regulatory section of this rule to be published in the Code of Federal 
Regulations when this rule is made final. For the purposes of this 
document, however, we will use the subspecies designation.

Changes to Proposed Revised Critical Habitat

    In this document we are proposing revisions to the area of proposed 
revised critical habitat in Unit MEN-1 in Mendocino County as described 
in the September 16, 2008, revised proposed rule (73 FR 53492). This 
revision involves adjusting the boundaries of the proposed revised 
critical habitat to better reflect new subspecies occurrence data 
within the area and the habitat surrounding those records. The original 
revised proposal used information from the California Natural Diversity 
Database (CNDDB), which identified a grouping of California red-legged 
frog occurrence records in the Greenwood Creek watershed. Based on new 
genetic information, these records have been identified as Rana aurora 
aurora or as containing a greater proportion of R. aurora aurora 
genetic characteristics than those records identified south of Mills 
Creek. As a result we are proposing to revise the revised critical 
habitat for MEN-1 to include those areas where the records south of 
Mills Creek are of either pure R. aurora draytonii or of frogs with a 
greater proportion of R. aurora draytonii genetic characteristics. 
Revised unit and boundary descriptions and a revised map for the 
proposed critical habitat Unit MEN-1 are included with this notice.

MEN-1, Mills Creek (26,875 ac (10,876 ha))

    This unit is located along the coast north and west of Manchester, 
California, including the majority of the Mills Creek watershed in 
Mendocino County. MEN-1 contains aquatic habitat for breeding and non-
breeding activities (PCE 1 and PCE 2), and upland habitat for foraging 
and dispersal activities (PCE 3 and PCE 4). The records within the unit 
were identified subsequent to listing as northern Mendocino County was 
thought to be outside the known range of the subspecies. Subsequent 
genetic research has identified the subspecies in Mendocino County 
(Shaffer et al. 2004, p. 2676). This unit is currently occupied and 
contains the following essential features: permanent and ephemeral 
aquatic habitats consisting of streams and natural and man-made ponds 
surrounded by emergent vegetation and marshland with upland comprised 
of forested timber that provides for breeding and upland areas for 
dispersal, shelter, and foraging. The unit also contains freshwater 
pond and stream habitats associated with upland dune complexes near the 
coast. Additionally, the unit represents the northernmost extent of the 
subspecies range along the coast of California and may be genetically 
significant to the subspecies (Shaffer et al. 2004, p. 2676). The 
essential features in this unit may require special management 
considerations or protection due to land management activities, which 
may alter aquatic and upland habitats and thereby result in the 
predation and desiccation of egg masses or direct death of adults. The 
unit consists of approximately 86 acres (ac) (35 hectares (ha)) of 
Federal land, 296 ac (120 ha) of State land, 92 ac (37 ha) of Tribal 
land, and 26,400 ac (10,683 ha) of private land.

Draft Economic Analysis

    Section 4(b)(2) of the Act requires that we designate or revise 
critical habitat based upon the best scientific and commercial data 
available, after taking into consideration the economic impact, impact 
on national security, or any other relevant impact of specifying any 
particular area as critical habitat. We have prepared a draft economic 
analysis of our September 16, 2008 (73 FR 53492), proposed revised rule 
to designate critical habitat for the California red-legged frog.
    The intent of the DEA is to identify and analyze the potential 
economic impacts associated with the proposed revised critical habitat 
designation for the California red-legged frog. Additionally, the 
economic analysis looks retrospectively at costs incurred since the May 
23, 1996 (61 FR 25813), listing of the California red-legged frog as 
threatened. The DEA quantifies the economic impacts of all potential 
conservation efforts for the California

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red-legged frog; some of these costs will likely be incurred regardless 
of whether we designate revised critical habitat. The economic impact 
of the proposed revised critical habitat designation is analyzed by 
comparing scenarios both ``with critical habitat'' and ``without 
critical habitat.'' The ``without critical habitat'' scenario 
represents the baseline for the analysis, considering protections 
already in place for the species (for example, under the Federal 
listing and other Federal, State, and local regulations). The baseline, 
therefore, represents the costs incurred regardless of whether critical 
habitat is designated. The ``with critical habitat'' scenario describes 
the incremental impacts associated specifically with the designation of 
critical habitat for the species. The incremental conservation efforts 
and associated impacts are those not expected to occur absent the 
designation of critical habitat for the species. In other words, the 
incremental costs are those attributable solely to the designation of 
critical habitat above and beyond the baseline costs; these are the 
costs we may consider in the final designation of critical habitat. The 
analysis looks retrospectively at baseline impacts incurred since the 
species was listed, and forecasts both baseline and incremental impacts 
likely to occur if we finalize the proposed revised critical habitat.
    The DEA estimates the foreseeable economic impacts of the proposed 
revised critical habitat designation. The economic analysis identifies 
potential incremental costs as a result of the proposed revised 
critical habitat designation; these are those costs attributed to 
critical habitat over and above those baseline costs coextensive with 
listing. The DEA describes economic impacts of California red-legged 
frog conservation efforts associated with the following categories of 
activity: (1) Residential and Commercial Development; (2) Water 
Management; (3) Agriculture; (4) Ranching/Grazing; (5) Timber Harvest; 
(6) Transportation; (7) Fire Management; (8) Utility and Oil and Gas 
Pipeline Construction and Maintenance; and (9) Habitat and Vegetation 
Management.
    The baseline economic impacts are those impacts that result from 
listing and other conservation efforts for the California red-legged 
frog. Conservation efforts related to development activities constitute 
the majority of total baseline costs (approximately 72 to 73 percent) 
in areas of proposed revised critical habitat. Impacts to agriculture 
make up the majority of the remainder of the costs associated with the 
proposed revised designation. The total future baseline impacts are 
estimated to be $2.38 billion to $2.50 billion ($180 million to $188 
million on an annualized basis), assuming a 3 percent discount rate, or 
$1.65 billion to $1.74 billion ($152 million to $160 million on an 
annualized basis), assuming a 7 percent discount rate, through the year 
2030.
    The majority of incremental impacts attributed to the proposed 
revised critical habitat designation are expected to be related to 
development (approximately 78 percent) followed by agricultural impacts 
(approximately 22 percent). Impacts to all other activities represent 
less than one percent of the total incremental impacts. The DEA 
estimates total potential incremental economic impacts in areas 
proposed as revised critical habitat over the next 22 years (2009 to 
2030) to be $1.04 billion to $1.10 billion ($93.7 million to $97.9 
million annualized) in present value terms using a 3 percent discount 
rate, and $721 million to $767 million ($67.9 to $72.0 million 
annualized) in present value terms using a 7 percent discount rate.
    The DEA considers both economic efficiency and distributional 
effects. In the case of habitat conservation, efficiency effects 
generally reflect the ``opportunity costs'' associated with the 
commitment of resources to comply with habitat protection measures 
(e.g., lost economic opportunities associated with restrictions on land 
use). The DEA also addresses how potential economic impacts are likely 
to be distributed, including an assessment of any local or regional 
impacts of habitat conservation and the potential effects of 
conservation activities on government agencies, private businesses, and 
individuals. The DEA measures lost economic efficiency associated with 
residential and commercial development and public projects and 
activities, such as economic impacts on water management and 
transportation projects, Federal lands, small entities, and the energy 
industry. Decision-makers can use this information to assess whether 
the effects of the revised designation might unduly burden a particular 
group or economic sector.
    As we stated earlier, we are soliciting data and comments from the 
public on the DEA, as well as on all aspects of the proposed revised 
critical habitat rule and our amended required determinations. The 
final revised critical habitat rule may differ from the proposed 
revised rule based on new information we receive during the public 
comment periods. In particular, we may exclude an area from critical 
habitat if we determine that the benefits of excluding the area 
outweigh the benefits of including the area as critical habitat, 
provided the exclusion will not result in the extinction of the 
subspecies.

Required Determinations--Amended

    In our proposed rule dated September 16, 2008 (73 FR 53492), we 
indicated that we would defer our determination of compliance with 
several statutes and Executive Orders until the information concerning 
potential economic impacts of the designation and potential effects on 
landowners and stakeholders became available in the DEA. We have now 
made use of the DEA to make these determinations. In this document, we 
affirm the information in our proposed rule concerning Executive Order 
(E.O.) 13132, E.O. 12988, the Paperwork Reduction Act, the National 
Environmental Policy Act, and the President's memorandum of April 29, 
1994, ``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951). However, based on the DEA data, we revised 
our required determinations concerning E.O. 12866 and the Regulatory 
Flexibility Act, E.O. 13211 (Energy, Supply, Distribution, and Use), 
the Unfunded Mandates Reform Act, and E.O. 12630 (Takings).

Regulatory Planning and Review (E.O. 12866)

    The Office of Management and Budget (OMB) has determined that this 
proposed rule is not significant and has not reviewed this proposed 
rule under Executive Order 12866 (E.O. 12866). OMB bases its 
determination upon the following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

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 (5 
U.S.C. 802(2)), whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available

[[Page 19188]]

for public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. Based on our DEA of the proposed 
revised designation, we provide our analysis for determining whether 
the proposed rule would result in a significant economic impact on a 
substantial number of small entities. Based on comments we receive, we 
may revise this determination as part of a final rulemaking.
    According to the Small Business Administration, small entities 
include small organizations, such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we considered the 
types of activities that might trigger regulatory impacts under this 
designation as well as types of project modifications that may result. 
In general, the term significant economic impact is meant to apply to a 
typical small business firm's business operations.
    To determine if the proposed revised designation of critical 
habitat for the California red-legged frog would affect a substantial 
number of small entities, we consider the number of small entities 
affected within particular types of economic activities, such as 
residential and commercial development. In order to determine whether 
it is appropriate for our agency to certify that this rule would not 
have a significant economic impact on a substantial number of small 
entities, we considered each industry or category individually. In 
estimating the numbers of small entities potentially affected, we also 
considered whether their activities have any Federal involvement. 
Critical habitat designation will not affect activities that do not 
have any Federal involvement.
    Designation of critical habitat only affects activities conducted, 
funded, permitted, or authorized by Federal agencies. Some kinds of 
activities are unlikely to have any Federal involvement and so will not 
be affected by critical habitat designation. In areas where the species 
is present, Federal agencies already are required to consult with us 
under section 7 of the Act on activities they fund, permit, or 
implement that may affect the California red-legged frog. Federal 
agencies also must consult with us if their activities may affect 
critical habitat.
    In the DEA of the proposed revision to critical habitat, we 
evaluate the potential economic effects on small business entities 
resulting from implementation of conservation actions related to the 
proposed revision to critical habitat for the California red-legged 
frog. The DEA identifies the estimated incremental impacts associated 
with the proposed rulemaking as described in Chapters 4 through 13 of 
the DEA, and evaluates the potential for economic impacts related to 
activity categories including urban development, water management, 
agriculture, grazing and ranching, timber harvest activities, 
transportation, utility pipeline construction and maintenance, fire 
management activities, and habitat management. The DEA concludes that 
the incremental impacts resulting from this rulemaking that may be 
borne by small businesses will be associated with urban development and 
agriculture. Incremental impacts are either not expected for the other 
types of activities considered or, if expected, will not be borne by 
small entities.
    As discussed in Appendix A of the DEA, the largest impacts of the 
proposed rule on small businesses would result from section 7 
consultations with the Service on development projects not subject to 
an existing habitat conservation plan. The analysis assumes full build 
out of all acres identified as likely to be developed (as defined in 
Chapter 4 of the DEA) within the next 22 years. The DEA (exhibit 4-5) 
identifies approximately 2,226 ac (860 ha) of potentially developable 
land attributable to the designation of critical habitat (incremental 
impact). Assuming an 100-acre (40-hectare) average development size, 
this yields approximately 22 development projects over the next 22 
years, or approximately 1 project annually. The analysis also assumes 
that one developer is required per development project, and that all of 
these developers are small businesses. As a result, the incremental 
impact due to critical habitat is estimated to range from $25 to $27 
million at a 7 percent discount rate per small business developer over 
the next 22 years. We realize that this may be on overestimation of 
real costs because of the assumptions involved.
    The incremental costs attributed to agriculture are explained in 
Chapter 6 of the DEA. As described in Chapter 6, a stipulated 
injunction issued by the U.S. District Court for the Northern District 
of California will restrict pesticide application in designated 
critical habitat. The analysis assumes that the affected lands will be 
taken out of production; to the extent that there are alternative 
beneficial uses of agricultural land (e.g., organic farming or 
grazing), this analysis may overstate future economic impacts. To 
estimate the potential incremental impact on small farmers, the total 
cropland value by county (assumed to be taken out of production) was 
divided by the number of small farmers to estimate per-farm impacts. 
According to the DEA, the designation of critical habitat would affect 
499 farms over the next 22 years. Total impacts are anticipated to 
range between $156 and $169 million, or $313,000 to $338,000 per farm. 
Exhibit A-4 presents impacts by county, per small business farmer.
    In summary, we have considered whether the proposed rule would 
result in a significant economic impact on a substantial number of 
small entities. As a result of the uncertainty that exists regarding 
both the numbers of entities that may be impacted by the proposed rule 
and the degree of impact on individual entities, we have developed an 
Initial Regulatory Flexibility Analysis (IRFA) (DEA Appendix A). 
However, due to the number of uncertainties identified in the DEA, we 
have prepared this IRFA without first making the threshold 
determination of whether the proposed critical habitat designation 
could be certified as not having a significant economic impact on a 
substantial number of small entities. This IRFA is intended to improve 
the Service's understanding of the effects of the proposed rule on 
small entities and to identify opportunities to minimize these impacts 
in the final rulemaking.

Executive Order 13211--Energy Supply, Distribution, and Use

    E.O. 13211 requires agencies to prepare Statements of Energy 
Effects when undertaking certain actions that may affect the supply, 
distribution, and use of energy. This proposed revision to critical 
habitat for the California red-

[[Page 19189]]

legged frog is not considered a significant regulatory action under 
E.O. 12866. OMB's guidance for implementing this Executive Order 
outlines nine outcomes that may constitute ``a significant adverse 
effect'' when compared to no regulatory action. As highlighted in 
Chapter 10 (Exhibits 10-2 and 10-3), a number of oil and gas companies 
own and operate pipelines that pass through the study area, and Waste 
Management and the Linde Group plan to build the world's largest 
landfill gas plant in ALA-2. However, the incremental impact to these 
entities over the next 22 years is solely attributable to the costs of 
section 7 consultation and no measurable impacts to the quantity or 
cost of energy production and distribution are likely to result from 
the designation of critical habitat (such as a reduction in electricity 
production or an increase in the cost of energy production or 
distribution), and a Statement of Energy Effects is not required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This 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, or 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. 
``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.''
    Critical habitat designation does not impose a legally binding duty 
on non-Federal Government entities or private parties. Under the Act, 
the only regulatory effect is that Federal agencies must ensure that 
their actions do not destroy or adversely modify critical habitat under 
section 7. Designation of critical habitat may indirectly impact non-
Federal entities that receive Federal funding, assistance, or permits, 
or that otherwise require approval or authorization from a Federal 
agency for an action that may destroy or adversely modify critical 
habitat. However, 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 on to State governments.
    (b) We do not believe that this rule would significantly or 
uniquely affect small governments because it would not produce a 
Federal mandate of $100 million or greater in any year; that is, it is 
not a ``significant regulatory action'' under the Unfunded Mandates 
Reform Act. The DEA concludes incremental impacts may occur due to 
project modifications that may need to be made for development and 
Tribal activities; however, these are not expected to affect small 
governments as the costs attributed to development is limited to 
private lands and not those owned by local governments. Consequently, 
we do not believe that the revised critical habitat designation would 
significantly or uniquely affect small government entities. As such, a 
Small Government Agency Plan is not required.

Executive Order 12630--Takings

    In accordance with E.O. 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of 
proposing revised critical habitat for the California red-legged frog 
in a takings implications assessment. Our takings implications 
assessment concludes that the proposed revision to critical habitat for 
the California red-legged frog does not pose significant takings 
implications.

References Cited

    A complete list of all references we cited in the proposed rule and 
in this document is available on the Internet at http://www.regulations.gov or by contacting the Sacramento Fish and Wildlife 
Office (see FOR FURTHER INFORMATION CONTACT section).

Authors

    The primary authors of this rulemaking are the staff members of the 
Sacramento Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

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

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

    2. In Sec.  17.11(h) revise the entry for ``Frog, California red-
legged,'' under ``AMPHIBIANS,'' to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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

[[Page 19190]]

 
                                                                      * * * * * * *
Frog, California red-legged.....  Rana draytonii.....  U.S.A. (CA), Mexico  Entire..................  T................        583   17.95(d)      17.43
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Section 17.95, as proposed to be revised on September 16, 2008 
(73 FR 53492), is proposed to be further amended, as follows:
    A. In paragraph (a), in the Critical habitat for the California 
red-legged frog, by removing the scientific name ``Rana aurora 
draytonii'', and adding the scientific name ``Rana draytonii'' in its 
place, and
    B. Revising paragraph (d)(13) as set forth below.


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
California Red-Legged Frog (Rana draytonii)
* * * * *
    (13) Unit MEN-1: Mendocino County, California. From USGS 1:24,000 
scale quadrangles Cold Spring, Eureka Hill, Mallo Pass Creek, and Point 
Arena.
    (i) Land bounded by the following UTM zone 10, NAD 1983 coordinates 
(E, N): 443694, 4322801; 443753, 4322799; 443831, 4322807; 443933, 
4322804; 444066, 4322760; 444270, 4322717; 444325, 4322702; 444354, 
4322595; 444390, 4322528; 444430, 4322489; 444537, 4322433; 444586, 
4322394; 444667, 4322308; 444693, 4322290; 444746, 4322240; 444777, 
4322201; 444798, 4322163; 444833, 4322075; 444853, 4322034; 444868, 
4322015; 444911, 4322014; 444968, 4322006; 445006, 4321980; 445064, 
4321914; 445106, 4321838; 445118, 4321807; 445145, 4321758; 445175, 
4321748; 445262, 4321770; 445287, 4321757; 445312, 4321722; 445366, 
4321682; 445394, 4321656; 445450, 4321612; 445479, 4321569; 445486, 
4321525; 445506, 4321495; 445544, 4321448; 445567, 4321433; 445609, 
4321438; 445667, 4321438; 445710, 4321415; 445722, 4321383; 445739, 
4321353; 445886, 4321304; 445966, 4321295; 446016, 4321260; 446038, 
4321224; 446070, 4321112; 446087, 4321091; 446117, 4321029; 446144, 
4320941; 446193, 4320761; 446221, 4320736; 446274, 4320697; 446319, 
4320635; 446451, 4320391; 446476, 4320336; 446528, 4320259; 446616, 
4320179; 446673, 4320150; 446734, 4320127; 446793, 4320111; 446843, 
4320105; 446908, 4320083; 447011, 4320041; 447045, 4320024; 447068, 
4320031; 447101, 4320064; 447139, 4320117; 447180, 4320199; 447227, 
4320210; 447266, 4320205; 447306, 4320195; 447351, 4320194; 447394, 
4320214; 447424, 4320255; 447467, 4320365; 447485, 4320382; 447521, 
4320380; 447611, 4320364; 447722, 4320332; 447805, 4320287; 447886, 
4320218; 447919, 4320153; 447951, 4320066; 447969, 4319988; 447983, 
4319889; 447981, 4319825; 447958, 4319651; 447940, 4319611; 447916, 
4319542; 447922, 4319483; 447971, 4319445; 448103, 4319392; 448196, 
4319365; 448343, 4319374; 448430, 4319368; 448482, 4319347; 448547, 
4319333; 448652, 4319342; 448785, 4319365; 448853, 4319365; 448939, 
4319385; 449030, 4319417; 449128, 4319442; 449227, 4319448; 449352, 
4319472; 449490, 4319517; 449548, 4319570; 449597, 4319628; 449666, 
4319695; 449733, 4319755; 449789, 4319784; 449875, 4319792; 449979, 
4319807; 450035, 4319807; 450150, 4319759; 450210, 4319703; 450282, 
4319596; 450420, 4319414; 450504, 4319347; 450635, 4319305; 450673, 
4319272; 450743, 4319196; 450810, 4319130; 450914, 4319048; 450966, 
4319022; 451092, 4318916; 451162, 4318828; 451226, 4318719; 451194, 
4318654; 451170, 4318562; 451149, 4318452; 451099, 4318235; 451063, 
4318107; 451042, 4318062; 450935, 4317981; 450859, 4317956; 450782, 
4317952; 450714, 4317937; 450597, 4317880; 450510, 4317818; 450481, 
4317760; 450473, 4317700; 450495, 4317605; 450510, 4317454; 450512, 
4317340; 450520, 4317297; 450521, 4317204; 450494, 4317128; 450486, 
4317090; 450486, 4317057; 450518, 4317008; 450570, 4316902; 450600, 
4316891; 450624, 4316875; 450749, 4316850; 450769, 4316841; 450786, 
4316828; 450839, 4316774; 450855, 4316749; 450889, 4316685; 450900, 
4316624; 450909, 4316605; 450925, 4316588; 450980, 4316547; 451041, 
4316487; 451106, 4316437; 451168, 4316381; 451257, 4316313; 451327, 
4316268; 451352, 4316246; 451377, 4316209; 451391, 4316172; 451417, 
4316124; 451467, 4316018; 451479, 4315983; 451505, 4315878; 451510, 
4315844; 451509, 4315823; 451504, 4315804; 451502, 4315781; 451458, 
4315652; 451442, 4315626; 451407, 4315587; 451328, 4315533; 451284, 
4315450; 451273, 4315417; 451261, 4315362; 451266, 4315318; 451251, 
4315220; 451270, 4315196; 451302, 4315145; 451333, 4315115; 451353, 
4315088; 451369, 4315056; 451407, 4315001; 451487, 4314929; 451527, 
4314884; 451570, 4314852; 451584, 4314832; 451575, 4314812; 451531, 
4314761; 451501, 4314714; 451476, 4314644; 451466, 4314587; 451453, 
4314558; 451418, 4314529; 451352, 4314505; 451294, 4314491; 451151, 
4314476; 451049, 4314502; 450897, 4314504; 450827, 4314485; 450753, 
4314459; 450723, 4314445; 450621, 4314367; 450591, 4314336; 450558, 
4314328; 450524, 4314325; 450478, 4314335; 450448, 4314346; 450393, 
4314379; 450307, 4314414; 450275, 4314435; 450217, 4314487; 450180, 
4314513; 450154, 4314527; 450136, 4314528; 450095, 4314515; 450080, 
4314502; 450073, 4314481; 450067, 4314432; 450059, 4314412; 450050, 
4314395; 450011, 4314365; 449948, 4314325; 449863, 4314289; 449837, 
4314281; 449782, 4314280; 449663, 4314313; 449646, 4314320; 449541, 
4314406; 449491, 4314461; 449478, 4314469; 449428, 4314487; 449376, 
4314501; 449346, 4314504; 449303, 4314491; 449277, 4314477; 449249, 
4314454; 449233, 4314434; 449227, 4314420; 449201, 4314393; 449180, 
4314383; 449152, 4314377; 449106, 4314376; 449037, 4314386; 448999, 
4314396; 448972, 4314396; 448930, 4314388; 448909, 4314377; 448838, 
4314329; 448811, 4314315; 448748, 4314292; 448666, 4314308; 448627, 
4314328; 448552, 4314343; 448431, 4314264; 448417, 4314255; 448395, 
4314250; 448353, 4314262; 448321, 4314276; 448291, 4314293; 448254, 
4314321; 448212, 4314359; 448159, 4314397; 448145, 4314425; 448139, 
4314447; 448128, 4314512; 448105, 4314550; 448064, 4314682; 448041, 
4314742; 447981, 4314831; 447953, 4314863; 447825, 4314997; 447804, 
4315012; 447718, 4315043; 447642, 4315058;

[[Page 19191]]

447566, 4315083; 447535, 4315087; 447484, 4315072; 447379, 4315047; 
447350, 4315045; 447289, 4315057; 447205, 4315062; 447152, 4315058; 
447121, 4315049; 447108, 4315023; 447105, 4314998; 447112, 4314819; 
447127, 4314749; 447140, 4314719; 447195, 4314628; 447201, 4314597; 
447229, 4314525; 447231, 4314491; 447228, 4314463; 447200, 4314378; 
447188, 4314354; 447158, 4314262; 447143, 4314230; 447126, 4314210; 
447092, 4314181; 447047, 4314063; 446999, 4313912; 446968, 4313845; 
446955, 4313824; 446926, 4313793; 446911, 4313781; 446851, 4313747; 
446820, 4313719; 446785, 4313679; 446763, 4313642; 446746, 4313591; 
446742, 4313514; 446749, 4313495; 446822, 4313419; 446846, 4313381; 
446885, 4313345; 446995, 4313304; 447044, 4313279; 447133, 4313254; 
447175, 4313227; 447262, 4313158; 447301, 4313116; 447330, 4313072; 
447351, 4313052; 447375, 4313021; 447395, 4312988; 447441, 4312938; 
447455, 4312902; 447467, 4312842; 447500, 4312740; 447528, 4312683; 
447555, 4312613; 447579, 4312526; 447582, 4312493; 447497, 4312491; 
447347, 4312527; 447316, 4312531; 447190, 4312558; 447147, 4312559; 
447108, 4312546; 447023, 4312509; 446997, 4312510; 446929, 4312528; 
446904, 4312529; 446876, 4312524; 446810, 4312498; 446701, 4312427; 
446698, 4312358; 446660, 4312227; 446637, 4312169; 446590, 4312099; 
446554, 4312026; 446522, 4311999; 446501, 4311988; 446447, 4311974; 
446426, 4311965; 446364, 4311921; 446346, 4311900; 446328, 4311873; 
446299, 4311818; 446289, 4311794; 446284, 4311722; 446276, 4311691; 
446259, 4311663; 446230, 4311626; 446206, 4311600; 446182, 4311580; 
446070, 4311529; 446038, 4311519; 446019, 4311506; 446005, 4311485; 
445993, 4311458; 445962, 4311356; 445891, 4311224; 445875, 4311201; 
445788, 4311116; 445724, 4311029; 445670, 4310960; 445644, 4310929; 
445615, 4310903; 445559, 4310863; 445536, 4310852; 445471, 4310833; 
445416, 4310807; 445318, 4310702; 445267, 4310672; 445159, 4310668; 
445095, 4310678; 444881, 4310647; 444754, 4310641; 444634, 4310655; 
444565, 4310659; 444455, 4310546; 444408, 4310515; 444345, 4310483; 
444326, 4310477; 444217, 4310454; 444184, 4310425; 444165, 4310357; 
444141, 4310311; 444029, 4310153; 443992, 4310117; 443938, 4310087; 
443912, 4310068; 443818, 4309984; 443738, 4309898; 443702, 4309851; 
443687, 4309826; 443679, 4309807; 443673, 4309764; 443708, 4309721; 
443758, 4309682; 443785, 4309656; 443835, 4309583; 443885, 4309537; 
443970, 4309441; 443981, 4309425; 443988, 4309404; 443982, 4309360; 
443936, 4309239; 443934, 4309212; 443938, 4309125; 443936, 4309057; 
443932, 4309024; 443919, 4308998; 443900, 4308978; 443808, 4308942; 
443755, 4308909; 443738, 4308891; 443791, 4308802; 443816, 4308751; 
443825, 4308738; 443916, 4308619; 443971, 4308552; 444039, 4308477; 
444132, 4308361; 444178, 4308279; 444204, 4308240; 444272, 4308156; 
444318, 4308088; 444334, 4308060; 444392, 4307866; 444408, 4307829; 
444424, 4307816; 444405, 4307816; 444353, 4307837; 444304, 4307845; 
444194, 4307846; 444112, 4307837; 443989, 4307802; 443836, 4307774; 
443680, 4307737; 443601, 4307714; 443377, 4307684; 443141, 4307612; 
442935, 4307552; 442882, 4307540; 442745, 4307493; 442552, 4307470; 
442237, 4307422; 442148, 4307413; 442128, 4307398; 442115, 4307395; 
442054, 4307365; 442001, 4307333; 441881, 4307259; 441819, 4307207; 
441776, 4307182; 441711, 4307152; 441681, 4307145; 441575, 4307166; 
441454, 4307226; 441351, 4307281; 441248, 4307317; 441024, 4307329; 
440921, 4307226; 440862, 4307213; 440795, 4307212; 440715, 4307218; 
440624, 4307211; 440505, 4307186; 440472, 4307174; 440427, 4307149; 
440402, 4307138; 440274, 4307148; 440225, 4307257; 440122, 4307360; 
440020, 4307414; 439886, 4307499; 439886, 4307571; 439832, 4307686; 
439778, 4307795; 439735, 4307898; 439729, 4308019; 439584, 4308086; 
439505, 4308171; 439433, 4308285; 439342, 4308370; 439251, 4308467; 
439221, 4308667; 439166, 4308818; 439100, 4308909; 439021, 4308957; 
438888, 4309018; 438858, 4309151; 438803, 4309211; 438731, 4309339; 
438652, 4309447; 438573, 4309526; 438519, 4309605; 438513, 4309641; 
438410, 4309732; 438259, 4309792; 438095, 4309865; 437964, 4309936; 
437946, 4309954; 437887, 4310001; 437815, 4310050; 437717, 4310138; 
437707, 4310146; 437678, 4310234; 437593, 4310422; 437526, 4310621; 
437526, 4310749; 437635, 4310785; 437738, 4310785; 437895, 4310664; 
438041, 4310567; 438016, 4310385; 438022, 4310240; 438228, 4310016; 
438585, 4309938; 438652, 4309956; 438670, 4310022; 438755, 4310022; 
438918, 4310016; 439039, 4310016; 439136, 4310113; 439318, 4310107; 
439469, 4310113; 439663, 4310143; 439796, 4310174; 439838, 4310204; 
440032, 4310204; 440165, 4310392; 440141, 4310500; 440092, 4310628; 
440056, 4310730; 440074, 4310779; 440135, 4310827; 440159, 4311027; 
440159, 4311148; 440147, 4311227; 440147, 4311366; 440237, 4311505; 
440244, 4311584; 440244, 4311663; 440244, 4311699; 440352, 4311892; 
440449, 4312026; 440371, 4312134; 440262, 4312207; 440183, 4312213; 
440116, 4312207; 440038, 4312231; 439989, 4312310; 439983, 4312419; 
439947, 4312498; 439874, 4312582; 439911, 4312697; 439893, 4312812; 
439808, 4312933; 439759, 4313012; 439741, 4313115; 439790, 4313121; 
439941, 4313066; 440007, 4312982; 440086, 4312915; 440116, 4312818; 
440092, 4312758; 440189, 4312721; 440135, 4312649; 440153, 4312576; 
440213, 4312498; 440310, 4312552; 440486, 4312504; 440546, 4312479; 
440588, 4312516; 440643, 4312534; 440667, 4312619; 440764, 4312740; 
440915, 4312812; 441079, 4312818; 441218, 4312818; 441430, 4312861; 
441648, 4312927; 441775, 4313042; 441884, 4313224; 441811, 4313399; 
441660, 4313545; 441617, 4313660; 441424, 4313684; 441381, 4313847; 
441321, 4313944; 441290, 4314029; 441363, 4314125; 441363, 4314222; 
441369, 4314392; 441351, 4314440; 441212, 4314555; 441169, 4314628; 
441157, 4314815; 441054, 4314973; 441054, 4315154; 440885, 4315336; 
440824, 4315499; 440697, 4315548; 440316, 4315530; 440116, 4315536; 
439941, 4315457; 439778, 4315427; 439566, 4315421; 439215, 4315481; 
439172, 4315838; 439251, 4316068; 439318, 4316238; 439414, 4316365; 
439729, 4316371; 439996, 4316491; 440050, 4316516; 440038, 4316698; 
439959, 4316952; 439826, 4317127; 439820, 4317315; 439771, 4317424; 
439838, 4317757; 439886, 4317968; 439953, 4318217; 439971, 4318374; 
440056, 4318670; 440141, 4319015; 440143, 4319025; 440189, 4319251; 
440231, 4319397; 440334, 4319403; 440425, 4319330; 440613, 4319421; 
440734, 4319530; 440837, 4319627; 441054, 4319675; 441206, 4319711; 
441418, 4319748; 441418, 4319917; 441611, 4319954; 441726, 4320144; 
441626, 4320204; 441608, 4320409; 441605, 4320443; 441446, 4320538; 
441421, 4320652; 441392, 4320784; 441453, 4321002; 441465, 4321230; 
441649, 4321332; 441790, 4321409; 441972, 4321510; 442151, 4321497; 
442234, 4321687; 442037, 4321827; 441843, 4321965; 441600, 4322137; 
441466, 4322232; 441421, 4322386; 441355, 4322607; 441279, 4322863; 
441395, 4323046; 441675, 4323230; 441859, 4323249; 442036, 4323268; 
442207, 4323285; 442382, 4323304; 442488, 4323370; 442526, 4323453;

[[Page 19192]]

442556, 4323518; 442559, 4323524; 442685, 4323642; 442648, 4323741; 
442649, 4323740; 442780, 4323626; 442806, 4323610; 442880, 4323597; 
442930, 4323582; 442973, 4323563; 443023, 4323526; 443057, 4323470; 
443078, 4323427; 443085, 4323374; 443085, 4323326; 443092, 4323280; 
443116, 4323243; 443217, 4323205; 443281, 4323150; 443330, 4323082; 
443380, 4323024; 443626, 4322826; returning to 443694, 4322801.
    (ii) Note: Map of Unit MEN-1 for the California red-legged frog 
follows:
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP28AP09.006


    Dated: April 12, 2009.
Will Shafroth,
Acting Assistant Secretary, Department of the Interior.
[FR Doc. E9-9141 Filed 4-27-09; 8:45 am]
BILLING CODE 4310-55-C